[EL] ELB News and Commentary 8/30/12 [resend due to uci email troubles]

Rick Hasen rhasen at law.uci.edu
Thu Aug 30 08:41:29 PDT 2012


    Emergency Stay Motion Filed in 9th Circuit in Nevada "None of the
    Above" Case <http://electionlawblog.org/?p=39374>

Posted on August 30, 2012 8:16 am <http://electionlawblog.org/?p=39374> 
by Rick Hasen <http://electionlawblog.org/?author=3>

You can read the emergency stay request filed by a Nevada voter, 
Kingsley Edwards, at this link 
<http://electionlawblog.org/wp-content/uploads/NOTC-stay.pdf>. The state 
of Nevada has filed an appeal in this case, but the docket does not 
indicate if the state will be joining this motion for an emergency stay, 
filing its own, or taking some other action.

It does not appear that the district court has yet issued a written 
opinion, as promised, in this case.  Edwards lodged the transcript of 
the hearing with the Ninth Circuit here 
<http://electionlawblog.org/wp-content/uploads/NOTC-stay.pdf>.

On the merits, I believe that there's a good chance the Ninth Circuit 
will reverse the judge and allow None of the Above to stay on the 
ballot.  This view is based upon what I know of existing caselaw on 
related questions.  I might change my mind if and when I read any 
written opinion from the trial judge.

The August motions panel 
<http://www.ca9.uscourts.gov/content/motionspanel.php>is Schroeder, 
Tashima, and Berzon, all Democratic appointees and pretty liberal 9th 
Circuit judges.  It is not clear, however, if this stay would be handled 
by the August or September motions panels.

The deadline listed in the stay for the printing of ballots is September 
7.  If that is accurate, this will have to move much more quickly.

My earlier coverage, including a discussion of the partisan implications 
of this case, is here <http://electionlawblog.org/?p=38910>.

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Posted in campaigns <http://electionlawblog.org/?cat=59> | Comments Off


    "Judge to Toss Out Changes in Florida Voter Registration"
    <http://electionlawblog.org/?p=39371>

Posted on August 30, 2012 7:58 am <http://electionlawblog.org/?p=39371> 
by Rick Hasen <http://electionlawblog.org/?author=3>

NYT reports 
<http://www.nytimes.com/2012/08/30/us/judge-to-block-changes-in-florida-voter-registration.html?_r=1&ref=politics>.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60>, voter registration 
<http://electionlawblog.org/?cat=37>, Voting Rights Act 
<http://electionlawblog.org/?cat=15> | Comments Off


    "Minnesota Supreme Court Clears Way for Fierce Fall Fight on Voter
    ID" <http://electionlawblog.org/?p=39368>

Posted on August 30, 2012 7:56 am <http://electionlawblog.org/?p=39368> 
by Rick Hasen <http://electionlawblog.org/?author=3>

A ChapinBlog. 
<http://blog.lib.umn.edu/cspg/electionacademy/2012/08/minnesota_supreme_court_clears.php?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+HHHElections+%28The+Election+Aacdemy%29>

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Posted in direct democracy <http://electionlawblog.org/?cat=62>, 
election administration <http://electionlawblog.org/?cat=18>, The Voting 
Wars <http://electionlawblog.org/?cat=60> | Comments Off


    "Buying Voters: the Effect of Financial Incentives on Intentions to
    Vote" <http://electionlawblog.org/?p=39365>

Posted on August 30, 2012 7:54 am <http://electionlawblog.org/?p=39365> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Ray LaRaja and Brian Schaffner have postedthis draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2109019> on SSRN.  
Here is the abstract:

    This paper explores whether a voting system that rewards voters with
    a lottery ticket would boost turnout. Using an experimental design
    with data from the 2011 Cooperative Congressional Elections Study,
    it demonstrates that lotteries have the potential to boost turnout
    significantly for under-represented groups. The study also suggests
    that lottery systems with numerous winners and moderate payoffs
    would be more successful than systems with very few winners and
    large payouts.

Of course, payments for turnout are absolutely illega 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=257564>l under 
current federal law in any election in which a federal candidate is on 
the ballot.

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Posted in campaigns <http://electionlawblog.org/?cat=59> | Comments Off


    "What do they want in return?" <http://electionlawblog.org/?p=39363>

Posted on August 30, 2012 7:49 am <http://electionlawblog.org/?p=39363> 
by Rick Hasen <http://electionlawblog.org/?author=3>

FOX News Tampa Bay 
<http://www.myfoxtampabay.com/story/19409732/2012/08/29/what-do-they-want-in-return>: 
"It takes millions of dollars to put on a convention.  While taxpayers 
foot some of the bill, corporations and high rollers contribute tens of 
millions of dollars, and those who give a lot usually expect something 
in return."

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
political parties <http://electionlawblog.org/?cat=25> | Comments Off


    "Amid Lawsuits and Controversy, States Prepare for Voter ID"
    <http://electionlawblog.org/?p=39360>

Posted on August 29, 2012 9:51 pm <http://electionlawblog.org/?p=39360> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Important Stateline report. 
<http://www.pewstates.org/projects/stateline/headlines/amid-lawsuits-and-controversy-states-prepare-for-voter-id-85899414494>

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60>, voter id 
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    "GOP plank in 2012 platform wants to leave campaign spending alone"
    <http://electionlawblog.org/?p=39357>

Posted on August 29, 2012 9:48 pm <http://electionlawblog.org/?p=39357> 
by Rick Hasen <http://electionlawblog.org/?author=3>

WaPo 
<http://www.washingtonpost.com/local/dc-politics/gop-plank-in-2012-platform-wants-to-leave-campaign-spending-alone/2012/08/29/c1cc2dee-f202-11e1-892d-bc92fee603a7_story.html>: 
"The Republican Party's 2008 platform 
<http://www.gop.com/2008Platform/>contained not a mention of campaign 
finance reform in its 68 pages. The omission was in deference to Sen. 
John McCain (R-Ariz.), the GOP presidential nominee and co-author of 
McCain-Feingold 
<http://projects.washingtonpost.com/politicsglossary/campaign-finance/McCain-Feingold/>. 
The groundbreaking 2002 measure banned unlimited donations to parties, 
placed new strictures on political advertising and tried to roll back 
the ability of wealthy individuals to self-fund their candidacies. 
Rather than tarnish their standard bearer by challenging his signature 
legislative achievement, the platform's authors skirted the issue 
entirely. What a difference a presidential election cycle makes."

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "Minority, Dem groups act to challenge interim redistricting maps"
    <http://electionlawblog.org/?p=39352>

Posted on August 29, 2012 9:45 pm <http://electionlawblog.org/?p=39352> 
by Rick Hasen <http://electionlawblog.org/?author=3>

San Antonio Express-News 
<http://www.mysanantonio.com/news/politics/article/Minority-Dem-groups-act-to-challeng-interim-3825728.php>: 
"Several key minority and Democratic groups took a first step Wednesday 
toward challenging Texas' interim redistricting maps, put in place for 
the 2012 election, by filing a request for a preliminary hearing in 
federal court."

I find it hard to believe the San Antonio court will do anything to mess 
with 2012 elections at this late stage.

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Posted in Department of Justice <http://electionlawblog.org/?cat=26>, 
redistricting <http://electionlawblog.org/?cat=6>, Voting Rights Act 
<http://electionlawblog.org/?cat=15> | Comments Off


    "As Republican convention emphasizes diversity, racial incidents
    intrude" <http://electionlawblog.org/?p=39350>

Posted on August 29, 2012 9:43 pm <http://electionlawblog.org/?p=39350> 
by Rick Hasen <http://electionlawblog.org/?author=3>

WaPo reports 
<http://www.washingtonpost.com/politics/2012/08/29/b9023a52-f1ec-11e1-892d-bc92fee603a7_story.html>.  
An important snippet:

    A new Post poll put the difference between the two parties'
    perception of minority voters on stark display. Respondents were
    asked an open-ended question: Why do most black voters so
    consistently support Democrats?

    Though "don't know" was the top answer for members of both parties,
    a close second among Republicans was that black voters are dependent
    on government or seeking a government handout. Democrats more often
    said that their party addresses issues of poverty.

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    "Military absentee voting looks weak this year"
    <http://electionlawblog.org/?p=39347>

Posted on August 29, 2012 5:07 pm <http://electionlawblog.org/?p=39347> 
by Rick Hasen <http://electionlawblog.org/?author=3>

CNN reports. 
<http://security.blogs.cnn.com/2012/08/29/military-absentee-voting-looks-weak-this-year/>

While there is some dispute between military voting rights groups and 
the Pentagon over the precise numbers, there is no question that voter 
registration among overseas military voters is abysmally low, and (as I 
write in Chapter 6 of The Voting Wars 
<http://www.amazon.com/Voting-Wars-Florida-Election-Meltdown/dp/0300182031/ref=sr_1_cc_2?s=aps&ie=UTF8&qid=1329286945&sr=1-2-catcorr>) 
<http://www.amazon.com/Voting-Wars-Florida-Election-Meltdown/dp/0300182031/ref=sr_1_cc_2?s=aps&ie=UTF8&qid=1329286945&sr=1-2-catcorr>, 
it should be a priority of the federal government to get these soldiers 
registered to vote.

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Posted in absentee ballots <http://electionlawblog.org/?cat=53>, 
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    President Obama Answers Question on Campaign Finance
    <http://electionlawblog.org/?p=39343>

Posted on August 29, 2012 2:37 pm <http://electionlawblog.org/?p=39343> 
by Rick Hasen <http://electionlawblog.org/?author=3>

via Reddit 
<http://www.theatlantic.com/politics/archive/2012/08/obamas-reddit-ama-the-full-questions-and-answers/261756/>:

    QUESTION: What are you going to do to end the corrupting influence
    of money in politics during your second term?

    OBAMA: Money has always been a factor in politics, but we are seeing
    something new in the no-holds barred flow of seven and eight figure
    checks, most undisclosed, into super-PACs; they fundamentally
    threaten to overwhelm the political process over the long run and
    drown out the voices of ordinary citizens. We need to start with
    passing the Disclose Act that is already written and been sponsored
    in Congress -- to at least force disclosure of who is giving to who.
    We should also pass legislation prohibiting the bundling of campaign
    contributions from lobbyists. Over the longer term, I think we need
    to seriously consider mobilizing a constitutional amendment process
    to overturn Citizens United (assuming the Supreme Court doesn't
    revisit it). Even if the amendment process falls short, it can shine
    a spotlight of the super-PAC phenomenon and help apply pressure for
    change.

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    About that Absentee Ballot Fraud Down in Florida...
    <http://electionlawblog.org/?p=39340>

Posted on August 29, 2012 2:24 pm <http://electionlawblog.org/?p=39340> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Paul Gronke cautions us 
<http://earlyvoting.net/commentary/absentee-ballot-fraud-in-miami-dade-a-little-data-goes-a-long-way-to-dispel-concerns/#more-797> 
to be careful with our terminology and to take at close look a the facts.

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    "High Above Tampa, Foley & Lardner Honors Election Lawyer Mitchell"
    <http://electionlawblog.org/?p=39337>

Posted on August 29, 2012 1:45 pm <http://electionlawblog.org/?p=39337> 
by Rick Hasen <http://electionlawblog.org/?author=3>

BLT reports 
<http://legaltimes.typepad.com/blt/2012/08/high-above-tampa-foley-lardner-honors-election-lawyer-mitchell.html>.

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    "Latest Court Disclosure Challenge Opposed by Campaign Legal Center"
    <http://electionlawblog.org/?p=39334>

Posted on August 29, 2012 1:19 pm <http://electionlawblog.org/?p=39334> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Press release 
<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=1857:august-29-2012-latest-court-disclosure-challenge-opposed-by-campaign-legal-center-&catid=63:legal-center-press-releases&Itemid=61>: 
"The Campaign Legal Center today submitted an /amicus /brief 
<http://www.campaignlegalcenter.org/images/CLC_Amicus_Brief_HLF_v__FEC_8_29_12.pdf>  
in opposition to the latest attempt by outside groups to gut existing 
disclosure laws in a case brought by the Hispanic Leadership Fund (HLF) 
against the Federal Election Commission (FEC) in the U.S. District Court 
for the Eastern District of Virginia."

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    Judge Posner Tour De Force Takes Down Justice Scalia's Textualism
    <http://electionlawblog.org/?p=39332>

Posted on August 29, 2012 12:53 pm <http://electionlawblog.org/?p=39332> 
by Rick Hasen <http://electionlawblog.org/?author=3>

If you read one response to Justice Scalia's new book (with Bryan 
Garner),read this devastating review 
<http://www.tnr.com/article/magazine/books-and-arts/106441/scalia-garner-reading-the-law-textual-originalism?page=0,0> 
in /The New Republic. /

Aside from the merits of the review, it seems to escalate an increasing 
public tension between Judge Posner and Justice Scalia.

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Posted in legislation and legislatures 
<http://electionlawblog.org/?cat=27>, statutory interpretation 
<http://electionlawblog.org/?cat=21> | Comments Off


    CNN Documentary, "Voters in America: Who Counts?," to Air Oct. 14
    <http://electionlawblog.org/?p=39329>

Posted on August 29, 2012 12:23 pm <http://electionlawblog.org/?p=39329> 
by Rick Hasen <http://electionlawblog.org/?author=3>

You can watch the trailer here 
<http://www.youtube.com/watch?v=TCoT1-Z3CIQ>. Very much looking forward 
to this.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
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    "Suspected Ineligible Colo. Voters to Learn Status"
    <http://electionlawblog.org/?p=39326>

Posted on August 29, 2012 12:14 pm <http://electionlawblog.org/?p=39326> 
by Rick Hasen <http://electionlawblog.org/?author=3>

AP 
<http://www.nytimes.com/aponline/2012/08/29/us/ap-us-voter-list-purge-colorado.html?_r=1&hp>: 
"People who received letters questioning their citizenship and right to 
vote will learn Wednesday what steps Colorado election officials plan 
next in the battleground state where every vote can be critical in close 
races. Some of the nearly 4,000 letters sent by Republican Secretary of 
State Scott Gessler actually went to U.S. citizens, although it's 
unknown how many. And more than three-quarters went to Democrats and 
independent voters."

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The Voting Wars <http://electionlawblog.org/?cat=60>, voter registration 
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    "Wisconsin To Allow Electronic Documents For Election Day Voter
    Registration" <http://electionlawblog.org/?p=39323>

Posted on August 29, 2012 12:12 pm <http://electionlawblog.org/?p=39323> 
by Rick Hasen <http://electionlawblog.org/?author=3>

AlterNet reports 
<http://www.alternet.org/hot-news-views/wisconsin-allow-electronic-documents-election-day-voter-registration>. 
And there's this:

    Also noteworthy were remarks by GAB Executive Director Kevin Kennedy
    saying that partisan poll watchers would not be allowed to look at
    the documents being presented.

    "Observers are there to observe the process," he said. "They don't
    get to do the [poll worker's] job. They don't get to look at the
    documents. They get to observe if the poll workers do their job,
    which is to ask for proof of residence, identity, and make proper
    notation."

    In the June gubernatorial recall, Republican election observors
    interferred with polling place activities in Racine, prompting the
    GAB to say they would be issuing new guidelines for election
    observers before November. The GAB spokesperson said the board would
    include Kennedy's concerns in its updated poll watcher policy.

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    "Romney Party Yacht Flies Cayman Islands Flag"
    <http://electionlawblog.org/?p=39320>

Posted on August 29, 2012 11:47 am <http://electionlawblog.org/?p=39320> 
by Rick Hasen <http://electionlawblog.org/?author=3>

ABC News: 
<http://abcnews.go.com/Blotter/romney-party-yacht-flies-cayman-islands-flag/story?id=17105028#.UD5jNUSB6wb> 
"Gov. Mitt Romney's campaign toasted its top donors Wednesday aboard a 
150-foot yacht flying the flag of the Cayman Islands. The floating 
party, hosted by a Florida developer on his yacht 'Cracker Bay,' was one 
of a dozen exclusive events meant to nurture those who have raised more 
than $1 million for Romney's bid."

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "Process Failure and Transparency Reform in Local Redistricting:
    Harnessing the Power of 21st-Century Technologies to Fix
    19th-Century Democracies" <http://electionlawblog.org/?p=39317>

Posted on August 29, 2012 11:35 am <http://electionlawblog.org/?p=39317> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Michael Halberstam has posted this draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2103841> on SSRN 
(forthcoming, /Election Law Journal/). Here is the abstract:

    Redistricting reform during this cycle has pushed for greater
    transparency in redistricting, more public participation, the
    removal of redistricting from the hands of legislatures, and the
    design of more legitimate redistricting institutions and decision
    procedures. Reform efforts, however, are generally focused on
    statewide and congressional redistricting. Meanwhile, little, if
    anything, is being done to reform or study thousands of local
    redistrictings across the country, which typically take place under
    the radar. Local redistricting processes, moreover, vary between
    jurisdictions and levels of government, take place in institutional
    contexts that differ from statewide redistricting, are subject to
    different political dynamics, and are more vulnerable to serious
    process failures than statewide redistricting. This article advances
    a policy proposal to reform local redistricting that weds aspects
    from several contemporary governance approaches -- including
    so-called 'third-generation transparency" methods. The article
    suggests that sates establish centralized statewide redistricting
    clearinghouses for local redistricting (RDCs) that would standardize
    and systematize the disclosure of redistricting data and process
    information across the whole range of jurisdictions within a state.
    It sets forth the proposed design of such RDCs in some detail upon a
    careful dissection of the concrete information requirements of the
    different governmental and nongovernmental actors at each stage of
    the redistricting process; and of the institutional and political
    dynamics of local processes. The proposal envisions adapting new
    technologies to address process failures, but leaving existing local
    institutional arrangements in place.

    Apart from its specific intervention in the national debate about
    redistricting reform, this article can also be read as a
    contribution to the broader literature about new governance
    approaches, and more specifically, as a case study on how certain
    mechanisms of "targeted transparency" or "choice architecture" can
    be applied to regulating the democratic political process.

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Posted in citizen commissions <http://electionlawblog.org/?cat=7>, 
redistricting <http://electionlawblog.org/?cat=6> | Comments Off


    "GOP Platform Calls for Nuking What's Left of McCain-Feingold Law"
    <http://electionlawblog.org/?p=39314>

Posted on August 29, 2012 11:30 am <http://electionlawblog.org/?p=39314> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Andy Kroll reports 
<http://www.motherjones.com/mojo/2012/08/gop-platform-soft-money-republican-convention> 
for Mother Jones.

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
Comments Off


    The Most Important FL Law Which Could Impact Democratic Voter
    Turnout is Now Permanently Gone <http://electionlawblog.org/?p=39311>

Posted on August 29, 2012 11:16 am <http://electionlawblog.org/?p=39311> 
by Rick Hasen <http://electionlawblog.org/?author=3>

I have been telling reporters for months that the law I thought was 
having the biggest impact on voter turnout is Florida's new law 
curtailing voter registration drives by third party groups like the 
League of Women Voters.

However,this press release explains 
<http://www.brennancenter.org/content/resource/florida_victory_federal_court_removes_new_restrictions_on_voter_registratio>: 
"Civic groups and Florida voters scored a decisive victory today when a 
federal judge indicated he will permanently remove controversial 
restrictions on community-based voter registration drives. Federal Judge 
Robert L. Hinkle issued an order 
<http://www.brennancenter.org/page/-/Democracy/VRE/FL_injunction_082912.pdf> 
stating the court will grant the group's request to permanently remove 
the restrictions once he receives confirmation that a federal appeals 
court has dismissed the case.  The League of Women Voters of Florida, 
Rock the Vote, and the Florida Public Interest Research Group Education 
Fund (PIRG) filed a lawsuit 
<http://www.brennancenter.org/content/resource/league_of_women_voters_of_florida_v._browning> 
in December challenging the restrictions. Judge Hinkle temporarily 
blocked enforcement 
<http://www.brennancenter.org/page/-/Democracy/VRE/58_Order_Granting_PI.pdf> 
of the law in May, saying the restrictions violated the U.S. 
Constitution and federal law."

This is a big deal. Look at the impact 
<http://jacksonville.com/news/florida/2012-08-27/story/democratic-registration-all-dries-new-florida-laws>such 
laws may have had on party registrations.


	
	
	
	

*Tallahassee, FL* --

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60>, voter registration 
<http://electionlawblog.org/?cat=37> | Comments Off


    "Ohio's Jon Husted, the New Bad Boy on the Voting Rights Block"
    <http://electionlawblog.org/?p=39308>

Posted on August 29, 2012 9:41 am <http://electionlawblog.org/?p=39308> 
by Rick Hasen <http://electionlawblog.org/?author=3>

This item 
<http://www.thenation.com/blog/169622/ohios-jon-husted-new-bad-boy-voting-rights-block#> 
appears at /The Nation/'s "Voting Rights Watch" blog.

My own view of Husted is more complex---and I certainly would not  call 
him a "new bad boy" or compare him to hard-core partisans, including his 
two Ohio Secretary of State predecessors, Ken Blackwell (R) and Jennifer 
Brunner (D).  (I discuss the actions of both in Chapter 4 of /The Voting 
Wars/) 
<http://www.amazon.com/Voting-Wars-Florida-Election-Meltdown/dp/0300182031/ref=sr_1_cc_2?s=aps&ie=UTF8&qid=1329286945&sr=1-2-catcorr>.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off


    "The Tea Party's Enemy No. 1; Benjamin Ginsberg, Bush's lawyer in
    the 2000 recount, has orchestrated a major power grab for Romney"
    <http://electionlawblog.org/?p=39305>

Posted on August 29, 2012 9:28 am <http://electionlawblog.org/?p=39305> 
by Rick Hasen <http://electionlawblog.org/?author=3>

/The Tablet/ reports. 
<http://www.tabletmag.com/jewish-news-and-politics/110499/the-tea-partys-enemy-no-1>

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Posted in election law biz <http://electionlawblog.org/?cat=51>, 
political parties <http://electionlawblog.org/?cat=25>, primaries 
<http://electionlawblog.org/?cat=32> | Comments Off

-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org
Now available: The Voting Wars: http://amzn.to/y22ZTv

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