[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
<http://electionlawblog.org/?cat=9> | Comments Off
"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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Posted in political parties <http://electionlawblog.org/?cat=25>, voting
<http://electionlawblog.org/?cat=31>, Voting Rights Act
<http://electionlawblog.org/?cat=15> | Comments Off
"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>,
election administration <http://electionlawblog.org/?cat=18>, The Voting
Wars <http://electionlawblog.org/?cat=60>, voter registration
<http://electionlawblog.org/?cat=37> | Comments Off
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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Posted in absentee ballots <http://electionlawblog.org/?cat=53>,
election administration <http://electionlawblog.org/?cat=18>, The Voting
Wars <http://electionlawblog.org/?cat=60> | Comments Off
"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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Posted in election law biz <http://electionlawblog.org/?cat=51> |
Comments Off
"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>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"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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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
"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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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
"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> |
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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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