[EL] Boxer's "LINE Act"

[Smith, Brad]

What is it with the insistence on gimmicky titles? I have long argued that any statute with a gimmicky title should be considered presumptively unconstitutional by the Courts. PATRIOT, DISCLOSE, LINE - any Act aimed a creating a gimmicky acronym.

I would also suggest that any law commonly named after a living person other than the sponsor, or after a recently deceased person who would not have qualified as a public figure at least three years before the law was passed, should be presumptively unconstitutional. Thus "McCain-Feingold" is OK, but "Meaghan's Law" is presumptively unconstitutional.

My third "canon" is that each law should be interpreted as intended to accomplish the opposite of its formal title: Thus, the "Tax Equity and Fiscal Responsibility Act" is neither equitable nor fiscally responsible; the "Affordable Care Act" is not intended to make care more affordable, the "Budget Control Act of 2011" neither wrote a budget nor was intended to provide for control of spending, and so on.

While there would be many problems with such an approach to judging, I think this would save us a lot of bad legislation - I know it would elevate in some small way the level of congressional debate.


Bradley A. Smith

Josiah H. Blackmore II/Shirley M. Nault

   Professor of Law

Capital University Law School

303 E. Broad St.

Columbus, OH 43215

614.236.6317

http://law.capital.edu/faculty/bios/bsmith.aspx

________________________________
From: law-election-bounces at department-lists.uci.edu [law-election-bounces at department-lists.uci.edu] on behalf of Rick Hasen [rhasen at law.uci.edu]
Sent: Wednesday, December 05, 2012 10:51 AM
To: law-election at UCI.edu
Subject: [EL] ELB News and Commentary 12/5/12

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. ¨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¡å<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 posted this 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> | Comments Off
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> | Comments Off
¡°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> | Comments Off
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> | Comments Off
¡°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¨Cthe 2010 Supreme Court decision that unleashed this year¡¯s flood<http://www.theatlantic.com/magazine/archive/2012/10/the/309086/> of unfettered political spending¨Cit 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> | Comments Off
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> | Comments Off
¡°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> | Comments Off
¡°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¡ªwhich will, in all likelihood, never happen¡ªthe 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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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 More reports.<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<mailto:rhasen at law.uci.edu>
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http://electionlawblog.org
Now available: The Voting Wars: http://amzn.to/y22ZTv


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