[EL] ELB News and Commentary 12/5/12
Rick Hasen
rhasen at law.uci.edu
Wed Dec 5 07:51:00 PST 2012
"Democrats to Obamaland: Share Your Data"
<http://electionlawblog.org/?p=45104>
Posted on December 5, 2012 7:41 am <http://electionlawblog.org/?p=45104>
by Rick Hasen <http://electionlawblog.org/?author=3>
Politico reports.
<http://www.politico.com/story/2012/12/democrats-to-obamaland-share-your-data-84594.html>
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Posted in campaigns <http://electionlawblog.org/?cat=59> | Comments Off
"Nevada's New Voter ID Proposal: Election Geek Jujitsu?"
<http://electionlawblog.org/?p=45102>
Posted on December 5, 2012 7:39 am <http://electionlawblog.org/?p=45102>
by Rick Hasen <http://electionlawblog.org/?author=3>
Doug Chapin
<http://blog.lib.umn.edu/cspg/electionacademy/2012/12/nevadas_new_voter_id_proposal.php>:
"I'm not sure that the issues of cost and lack of fraud are enough to
kill the proposal, however. Indeed, it looks to me like Miller's goal in
making this proposal (and spending the money) is *not to prevent fraud
but rather to end the voter ID debate in a way that simultaneously
improves the state's election process.*"
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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
Sen. Boxer Issues Election Reform Bill
<http://electionlawblog.org/?p=45099>
Posted on December 5, 2012 7:36 am <http://electionlawblog.org/?p=45099>
by Rick Hasen <http://electionlawblog.org/?author=3>
The following press release arrived via email:
*BOXER INTRODUCES BILL TO HELP VOTERS AVOID LONG LINES ON ELECTION DAY *
/The "LINE Act" Would Set National Standards and Require Action by
States Where Voters Waited in Line for Hours /
* Washington, D.C.* -- U.S. Senator Barbara Boxer (D-CA) today
introduced the LINE Act, election reform legislation designed to
guarantee that all American voters can cast a ballot in federal
elections without facing hours-long delays at their polling places.
Senator Boxer said,*"It is unacceptable that many Americans had to
wait in line for five, six or seven hours to cast their ballots.
The LINE Act will help ensure that every American has an equal
chance to vote without enduring hours-long delays at their polling
places." *
**Voters in Florida
<http://www.pbs.org/newshour/bb/politics/july-dec12/election_11-08.html>,
Virginia
<http://thehill.com/homenews/campaign/266281-virginia-voters-see-long-lines-as-pols-swoop-in>,
Ohio
<http://www.huffingtonpost.com/2012/11/04/ohio-early-voting_n_2073287.html>
and other states waited in line for up to seven hours to cast
ballots. Some voters were still in line in the early hours of
Wednesday morning, long after the polls had closed. During his
election night speech, President Obama promised that fixing the
problems that led to these delays would be a top priority.
**The LINE Act (or the Lines Interfere with National Elections Act)
would require the Attorney General, in consultation with the U.S.
Election Assistance Commission (EAC), to issue new national
standards by January 1, 2014 regarding the minimum number of voting
machines, election workers, and other election resources that are
necessary to conduct Federal elections on Election Day and during
early voting periods. The bill explicitly states that the goal of
minimum standards is to prevent a waiting time of more than one hour
at any polling place.
Senator Boxer's bill also would require states where voters endured
long lines to implement remedial plans to fix the problems before
the next federal election. Under the legislation, the Attorney
General working with the EAC would identify states that had a
substantial number of voters who waited more than 90 minutes to vote
in the 2012 election. Those states would have to comply with a
remedial plan to ensure voters would not face similar delays in the
future.
In addition to the legislation, Senator Boxer sent a letter
<http://boxer.senate.gov/en/press/releases/111912.cfm> last month to
Speaker John Boehner (R-OH) and Senate Minority Leader Mitch
McConnell (R-KY) urging them to address the long lines and Election
Day dysfunction faced by voters across the country by recommending
nominees to the Election Assistance Commission.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"Political Speech and Association Rights after Knox v. Seiu Local
1000? <http://electionlawblog.org/?p=45096>
Posted on December 5, 2012 7:34 am <http://electionlawblog.org/?p=45096>
by Rick Hasen <http://electionlawblog.org/?author=3>
Catherine Fisk and Ewrin Chemerinsky have postedthis draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2185415>on SSRN
(forthcoming, /Cornell Law Review/). Here is the abstract:
In Citizens United, Boy Scouts of America v. Dale, and other recent
cases, the Supreme Court has given organizations a newly-robust
First Amendment right to use the entity's money in ways that
stakeholders within the organization may find anathema and to
discriminate against employees and members in order to advance the
expressive interest of the entity. Yet, in Knox v. SEIU Local 1000
in 2012, the Court held that a labor union violates the First
Amendment rights of dissenters if it levies a special assessment for
political speech without first having dissenters opt in. The Court's
jurisprudence on associational speech lacks any theory of when and
why an organization's speech violates the rights of dissenters. Nor
does it consider what kinds of internal organizational governance
mechanisms are necessary to ensure a fair allocation of speech
protections between those who wish the organization to promote one
message and those who wish it to promote another. Moreover, the
majority in Knox casts First Amendment doubt on the validity of the
entire concept of collective bargaining by a union elected by a
majority to represent all employees in a bargaining unit of
government employees. As ballot measures in various states have been
enacted or are pending limiting the rights of unions to raise and
spend money on politics in the name of protecting dissident
employees, a principled approach to the free speech rights of
unions, corporations, and other associations is ever more needed.
In this article we offer an approach to reconciling the First
Amendment expressive interests of organizations with the expressive
interests of dissenting stakeholders within them. We suggest an
approach to resolving the inconsistency between Citizens United, the
union-dues cases, and the Court's other compelled speech and
associational speech jurisprudence. Contrary to the prevailing
wisdom, we suggest not that shareholders be given the opt out (or
opt in) rights of dissenting union employees but instead that unions
be given the same broad speech rights as corporations to use dues
and fees paid by all employees on political activity.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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Retired Judges Oppose Citizens United
<http://electionlawblog.org/?p=45094>
Posted on December 5, 2012 7:32 am <http://electionlawblog.org/?p=45094>
by Rick Hasen <http://electionlawblog.org/?author=3>
See here
<http://www.mcall.com/opinion/yourview/mc-citizens-united-superpacs-judge-young-yv-1205-20121204,0,6840367.story>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Brown-Snowe-Lugar's Last Hurrah Seen Aiding Deficit Deal"
<http://electionlawblog.org/?p=45092>
Posted on December 5, 2012 7:30 am <http://electionlawblog.org/?p=45092>
by Rick Hasen <http://electionlawblog.org/?author=3>
Bloomberg reports
<http://www.bloomberg.com/news/2012-12-05/brown-snowe-lugar-s-last-hurrah-seen-aiding-deficit-deal.html?alcmpid=politics>.
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27>, political parties
<http://electionlawblog.org/?cat=25>, political polarization
<http://electionlawblog.org/?cat=68> | Comments Off
"Reid: Filibuster Reform Is Happening Whether Republicans Like It Or
Not" <http://electionlawblog.org/?p=45090>
Posted on December 5, 2012 7:28 am <http://electionlawblog.org/?p=45090>
by Rick Hasen <http://electionlawblog.org/?author=3>
TPM reports.
<http://tpmdc.talkingpointsmemo.com/2012/12/harry-reid-filibuster-reform.php>
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27> | Comments Off
"How The Voter ID Crusade Backfired On Republicans"
<http://electionlawblog.org/?p=45088>
Posted on December 5, 2012 7:27 am <http://electionlawblog.org/?p=45088>
by Rick Hasen <http://electionlawblog.org/?author=3>
TPM reports.
<http://tpmdc.talkingpointsmemo.com/2012/12/voter-id-backfire.php>
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"Legal Center Urges Members to Support The Empowering Citizens Act
to Overhaul Broken Campaign Finance System"
<http://electionlawblog.org/?p=45085>
Posted on December 4, 2012 8:49 pm <http://electionlawblog.org/?p=45085>
by Rick Hasen <http://electionlawblog.org/?author=3>
CLC Press release.
<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=1973:december-4-2012-legal-center-urges-members-to-support-the-empowering-citizens-act-to-overhaul-broken-campaign-finance-system&catid=63:legal-center-press-releases&Itemid=61>
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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Sheldon Adelson Explains to WSJ Why He Has Friends in Washington
<http://electionlawblog.org/?p=45082>
Posted on December 4, 2012 8:34 pm <http://electionlawblog.org/?p=45082>
by Rick Hasen <http://electionlawblog.org/?author=3>
"Mr. Adelson, 79 years old, said he has many friends in Washington, 'but
the reasons aren't my good looks and charm. It's my "pocket personality"
referring to his donations."
Must-read WSJ article
<http://online.wsj.com/article/SB10001424127887323717004578159570568104706.html>,
which also includes this part:
Mr. Adelson's 2012 donations were double what he spent in 2008, and
looking ahead, he said, he was ready to again "double" his donations.
"I'll spend that much and more," he said in his first extensive
postelection interview. "Let's cut any ambiguity."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"State lawmakers not convinced their law's to blame for election
hardships" <http://electionlawblog.org/?p=45079>
Posted on December 4, 2012 8:27 pm <http://electionlawblog.org/?p=45079>
by Rick Hasen <http://electionlawblog.org/?author=3>
The /Palm Beach Post/ reports.
<http://www.palmbeachpost.com/news/news/state-lawmakers-not-convinced-their-laws-to-blame-/nTMzN/>
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"Dick Armey, FreedomWorks president clashed over book deal"
<http://electionlawblog.org/?p=45076>
Posted on December 4, 2012 8:20 pm <http://electionlawblog.org/?p=45076>
by Rick Hasen <http://electionlawblog.org/?author=3>
Politico reports.
<http://www.politico.com/story/2012/12/dick-armey-freedomworks-president-clashed-over-book-deal-84599.html>
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Posted in election law biz <http://electionlawblog.org/?cat=51> |
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"Did Citizens United Help Democrats in 2012?"
<http://electionlawblog.org/?p=45073>
Posted on December 4, 2012 2:57 pm <http://electionlawblog.org/?p=45073>
by Rick Hasen <http://electionlawblog.org/?author=3>
Molly Ball:
<http://www.theatlantic.com/politics/archive/2012/12/did-citizens-united-help-democrats-in-2012/265800/?google_editors_picks=true>
"After a year Democrats mostly spent fretting, freaking out, and
fulminating against /Citizens United--/the 2010 Supreme Court decision
that unleashed this year's flood
<http://www.theatlantic.com/magazine/archive/2012/10/the/309086/> of
unfettered political spending--it was a bit unexpected to hear Michael
Podhorzer, the political director of the AFL-CIO, say on Friday, 'Super
PACs are so awesome. It was long overdue that the Supreme Court
recognized that corporations are people like everybody else.'"
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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Election Truthers Redux <http://electionlawblog.org/?p=45069>
Posted on December 4, 2012 1:25 pm <http://electionlawblog.org/?p=45069>
by Rick Hasen <http://electionlawblog.org/?author=3>
Back in October, I wrote a /Slate/ piece
<http://www.slate.com/articles/news_and_politics/politics/2012/10/will_republicans_accept_if_barack_obama_defeats_mitt_romney_.html>on
"Election Truthers," asking "What if President Obama wins re-election
and Republicans don't believe it? The question isn't far-fetched. For
several weeks, we have seen Republicans challenge the veracity of a
number of election-related facts, and the outcome of the presidential
election may be no different."
From a PPP poll
<http://www.publicpolicypolling.com/main/2012/12/republicans-not-handling-election-results-well.html>
released today: "49% of GOP voters nationally say they think that ACORN
stole the election for President Obama. We found
<http://www.publicpolicypolling.com/pdf/2009/PPP_Release_National_1119.pdf>
that 52% of Republicans thought that ACORN stole the 2008 election for
Obama, so this is a modest decline, but perhaps smaller than might have
been expected given that ACORN doesn't exist anymore."
Caveat: "One reason that such a high percentage of Republicans are
holding what could be seen as extreme views is that their numbers are
declining. Our final poll before the election, which hit the final
outcome almost on the head, found 39% of voters identifying themselves
as Democrats and 37% as Republicans. Since the election we've seen a 5
point increase in Democratic identification to 44%, and a 5 point
decrease in Republican identification to 32%."
Also interesting is polling comparing public support for Simpson/Bowles
with public support for a mythical Panetta/Burns plan. (Wondering if
Burns is Montgomery Burns
<http://www.washingtonmonthly.com/college_guide/college_guide/images/MrBurns.jpg>.)
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60> |
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"Super PACs Becoming Lobbying Force"
<http://electionlawblog.org/?p=45066>
Posted on December 4, 2012 12:29 pm
<http://electionlawblog.org/?p=45066> by Rick Hasen
<http://electionlawblog.org/?author=3>
USA Today reports.
<http://www.usatoday.com/story/news/politics/2012/12/03/groups-use-super-pacs/1742403/>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
lobbying <http://electionlawblog.org/?cat=28> | Comments Off
Rocker Ted Nugent Calls for Disenfranchising U.S. Citizens on
Welfare <http://electionlawblog.org/?p=45063>
Posted on December 4, 2012 12:13 pm
<http://electionlawblog.org/?p=45063> by Rick Hasen
<http://electionlawblog.org/?author=3>
/Washington Times /
<http://www.washingtontimes.com/news/2012/dec/3/us-sailed-off-the-fiscal-cliff-long-ago-we-created/>oped
<http://www.washingtontimes.com/news/2012/dec/3/us-sailed-off-the-fiscal-cliff-long-ago-we-created/>:
Let's also stop the insanity by suspending the right to vote of any
American who is on welfare. Once they get off welfare and are
self-sustaining, they get their right to vote restored. No American
on welfare should have the right to vote for tax increases on those
Americans who are working and paying taxes to support them. That's
insane.
In addition to suspending a welfare recipient's right to vote, we
also need to get our voting system straightened out and eliminate
voter fraud. We need to ensure that only Americans vote by requiring
polling places to validate the identification of each voter.
I've collected similar sentiments from others in Behind the Voting Wars,
A Clash of Philosophies
<http://www.sacbee.com/2012/11/03/4958430/republicans-have-pursued-election.html>,
/Sacramento Bee/, Nov. 4, 2012.
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60> |
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"Why Americans Can't Vote" <http://electionlawblog.org/?p=45060>
Posted on December 4, 2012 12:07 pm
<http://electionlawblog.org/?p=45060> by Rick Hasen
<http://electionlawblog.org/?author=3>
Toobin
<http://www.newyorker.com/online/blogs/comment/2012/12/why-americans-cant-vote.html>:
Some groups, like the Brennan Center
<http://www.brennancenter.org/content/our-work>, at New York
University, are making admirable attempts to build on the (modest)
public outrage about the flawed mechanics of the 2012 election.
Still, even these good works cannot undo the structural problem with
American elections. Unless and until the federal government takes
over the business of running our elections---which will, in all
likelihood, never happen---the process of voting will remain the
shambles we saw on November 6, 2012.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"Record Spending in 2012 Elections Could Spur Rules Changes, Experts
Say" <http://electionlawblog.org/?p=45057>
Posted on December 4, 2012 10:53 am
<http://electionlawblog.org/?p=45057> by Rick Hasen
<http://electionlawblog.org/?author=3>
Roll Call reports.
<http://www.rollcall.com/news/record_spending_in_2012_elections_could_spur_rules_changes_experts_say-219647-1.html>
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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Must-Read Joan Biskupic Profile of Ed Blum, Behind the Shelby County
Voting Rights Challenge and Texas Affirmative Action Case
<http://electionlawblog.org/?p=45054>
Posted on December 4, 2012 9:59 am <http://electionlawblog.org/?p=45054>
by Rick Hasen <http://electionlawblog.org/?author=3>
Read it here.
<http://www.reuters.com/article/2012/12/04/us-usa-court-casemaker-idUSBRE8B30V220121204>
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting
Rights Act <http://electionlawblog.org/?cat=15> | Comments Off
"Is the Voting Rights Act Outdated?"
<http://electionlawblog.org/?p=45051>
Posted on December 4, 2012 9:46 am <http://electionlawblog.org/?p=45051>
by Rick Hasen <http://electionlawblog.org/?author=3>
NPR's Tell Me Morereports.
<http://www.npr.org/2012/12/03/166402527/is-the-voting-rights-act-outdated>
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Posted in Department of Justice <http://electionlawblog.org/?cat=26>,
Voting Rights Act <http://electionlawblog.org/?cat=15> | Comments Off
"DOJ, South Carolina squabble over who won voter ID case"
<http://electionlawblog.org/?p=45048>
Posted on December 4, 2012 9:37 am <http://electionlawblog.org/?p=45048>
by Rick Hasen <http://electionlawblog.org/?author=3>
The /National Law Journal /reports.
<http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202580163634&slreturn=20121104123557>
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Posted in Department of Justice <http://electionlawblog.org/?cat=26>,
The Voting Wars <http://electionlawblog.org/?cat=60>, voter id
<http://electionlawblog.org/?cat=9> | 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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