[EL] ELB News and Commentary 12/27/12
Rick Hasen
rhasen at law.uci.edu
Thu Dec 27 08:13:23 PST 2012
"O'Farrell Files Suit to Contest Vote"
<http://electionlawblog.org/?p=45708>
Posted on December 27, 2012 8:03 am
<http://electionlawblog.org/?p=45708> by Rick Hasen
<http://electionlawblog.org/?author=3>
News
<http://www.timesreporter.com/newsnow/x1665853865/OFarrell-files-suit-to-contest-vote-count>from
Ohio: "Josh O'Farrell, the Democratic challenger for the Ohio House of
Representatives 98th District, filed a lawsuit to contest the election
with the state Supreme Court on Monday. The complaint involves several
provisional and absentee ballots that were rejected by the Tuscarawas
County Board of Elections, and were not included when the board
certified the election Dec. 14. O'Farrell lost to Republican incumbent
Al Landis by eight votes, with Landis leading 23,393 votes to 23,385, in
both Tuscarawas and Holmes counties."
Moritz has a primer
<http://moritzlaw.osu.edu/electionlaw/ebook/part5/procedures_recount05.html>
on how election contests work in Ohio.
You can read the contest filed in the Supreme Court of Ohio at this link
<http://electionlawblog.org/wp-content/uploads/OFarrell-Contest-As-Filed.pdf>.
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Posted in recounts <http://electionlawblog.org/?cat=50> | Comments Off
"Election-day registration works here"
<http://electionlawblog.org/?p=45705>
Posted on December 27, 2012 7:54 am
<http://electionlawblog.org/?p=45705> by Rick Hasen
<http://electionlawblog.org/?author=3>
Barry C. Burden, David T. Canon, Kenneth R. Mayer and Donald P. Moynihan
have written this oped
<http://www.jsonline.com/news/opinion/electionday-registration-works-here-0e80sea-184861421.html>
in the /Milwaukee Journal-Sentinel./
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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
"Washington State Senators Cross Aisle and Tilt Ideological Balance"
<http://electionlawblog.org/?p=45702>
Posted on December 27, 2012 7:51 am
<http://electionlawblog.org/?p=45702> by Rick Hasen
<http://electionlawblog.org/?author=3>
Interesting NYT report.
<http://www.nytimes.com/2012/12/27/us/politics/washington-state-senators-cross-aisle-and-tilt-ideological-balance.html?ref=politics&_r=0>
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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
"As Swing Districts Dwindle, Can a Divided House Stand?"
<http://electionlawblog.org/?p=45699>
Posted on December 27, 2012 7:46 am
<http://electionlawblog.org/?p=45699> by Rick Hasen
<http://electionlawblog.org/?author=3>
Nate Silver:
<http://fivethirtyeight.blogs.nytimes.com/2012/12/27/as-swing-districts-dwindle-can-a-divided-house-stand/?hp>
"In 1992, there were 103 members of the House of Representatives elected
from what might be called swing districts: those in which the margin in
the presidential race was within five percentage points of the national
result. But based on an analysis of this year's presidential returns, I
estimate that there are only 35 such Congressional districts remaining,
barely a third of the total 20 years ago."
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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
"Filibuster challenge fails" <http://electionlawblog.org/?p=45696>
Posted on December 27, 2012 7:43 am
<http://electionlawblog.org/?p=45696> by Rick Hasen
<http://electionlawblog.org/?author=3>
I missed this news
<http://www.scotusblog.com/2012/12/filibuster-challenge-fails/> last
week: "Ruling that the courts have no power to do anything about it, a
federal judge on Friday threw out a claim
<http://sblog.s3.amazonaws.com/wp-content/uploads/2012/12/Sullivan-filibuster-ruling-12-21-12.pdf>
that Senate filibusters are an unconstitutional denial of majority
rule. U.S. District Judge Emmet G. Sullivan, in a forty-seven-page
opinion, said none of the challengers had a right to pursue their case
in court, and ruled that it would intrude on the Senate's powers for the
court to decide 'an important and controversial issue.'"
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27> | Comments Off
Opponents of Voting Rights Act Section 5 File Brief on the Merits in
Shelby County Case <http://electionlawblog.org/?p=45692>
Posted on December 27, 2012 7:34 am
<http://electionlawblog.org/?p=45692> by Rick Hasen
<http://electionlawblog.org/?author=3>
Read it here
<http://electionlawblog.org/wp-content/uploads/POFR-Shelby-Co.-Brief-on-the-Merits-12-96ts.pdf>.
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting
Rights Act <http://electionlawblog.org/?cat=15> | Comments Off
"Florida Election Reform: Ballot, Polls, Duration"
<http://electionlawblog.org/?p=45689>
Posted on December 26, 2012 9:39 pm
<http://electionlawblog.org/?p=45689> by Rick Hasen
<http://electionlawblog.org/?author=3>
/The Ledger/
<http://www.theledger.com/article/20121227/EDIT01/121229480/1112/COLUMNISTS0302?Title=Florida-Election-Reform-Ballot-Polls-Duration>editorializes
<http://www.theledger.com/article/20121227/EDIT01/121229480/1112/COLUMNISTS0302?Title=Florida-Election-Reform-Ballot-Polls-Duration>.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
No Cry for Help at the FEC <http://electionlawblog.org/?p=45686>
Posted on December 26, 2012 9:33 pm
<http://electionlawblog.org/?p=45686> by Rick Hasen
<http://electionlawblog.org/?author=3>
Last week I had a post <http://electionlawblog.org/?p=45610> called "A
Cry for Help at the FEC" about an FEC request for comments on proposals
related to its enforcement policies. A reader of mine read this as a
cry for help from FEC staff. But I've heard from enough other
knowledgeable insiders and others that this is probably a misreading of
the FEC process, and that this may have developed out of earlier
congressional action to make the FEC enforcement process more
transparent. The cover memo also indicates that the General Counsel's
office had been asked to put this on the agenda---it does not appear to
have originated with staff.
Notably Democratic commissioners Bauerly and Weintraub were the two
votes against the proposal. This may have been because the proposal
could be seen as inviting further limits on the FEC enforcement process.
Or at least other readers have so suggested. Again, I'm not a close
enough observer at the FEC to understand these internal politics.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
election commission <http://electionlawblog.org/?cat=24> | Comments Off
"Redistricting commission wants to be blocked from answering
questions" <http://electionlawblog.org/?p=45683>
Posted on December 26, 2012 9:21 pm
<http://electionlawblog.org/?p=45683> by Rick Hasen
<http://electionlawblog.org/?author=3>
News
<http://www.havasunews.com/news/redistricting-commission-wants-to-be-blocked-from-answering-questions/article_4d4855e2-4f0e-11e2-ab82-0019bb2963f4.html>
from Arizona.
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Posted in citizen commissions <http://electionlawblog.org/?cat=7>,
redistricting <http://electionlawblog.org/?cat=6> | Comments Off
Justice Stevens Publishes "Beyond Citizens United"
<http://electionlawblog.org/?p=45680>
Posted on December 26, 2012 9:04 pm
<http://electionlawblog.org/?p=45680> by Rick Hasen
<http://electionlawblog.org/?author=3>
Justice Stevens's May anti-CU speech, about which I blogged
<http://electionlawblog.org/?p=34925> at the time, has now been
published in The Journal of Appellate Practice and Process
<http://ualr.edu/law/publications/the-journal-of-appellate-practice-and-process/>
(Volume 13/Number 1; Spring 2012).
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme
Court <http://electionlawblog.org/?cat=29> | Comments Off
The Year in Recalls <http://electionlawblog.org/?p=45678>
Posted on December 26, 2012 9:03 pm
<http://electionlawblog.org/?p=45678> by Rick Hasen
<http://electionlawblog.org/?author=3>
Recalling the 168 2012 Recalls
<http://recallelections.blogspot.com/2012/12/the-year-in-recalls-168-recalls-in-2012.html>,
at the Recall Election Blog.
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Posted in recall elections <http://electionlawblog.org/?cat=11> |
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"Days before hearing over Dallas' newly drawn city council map,
plaintiffs drop their federal redistricting suit"
<http://electionlawblog.org/?p=45676>
Posted on December 26, 2012 8:58 pm
<http://electionlawblog.org/?p=45676> by Rick Hasen
<http://electionlawblog.org/?author=3>
The Dallas Morning News reports.
<http://cityhallblog.dallasnews.com/2012/12/days-before-hearing-over-dallas-newly-drawn-city-council-map-plaintiffs-drop-their-federal-redistricting-suit.html/?utm_medium=referral&utm_source=t.co>
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Posted in redistricting <http://electionlawblog.org/?cat=6>, Voting
Rights Act <http://electionlawblog.org/?cat=15> | Comments Off
"Statewide Recounts Remain Scarce: Zero in 2012?
<http://electionlawblog.org/?p=45673>
Posted on December 26, 2012 8:56 pm
<http://electionlawblog.org/?p=45673> by Rick Hasen
<http://electionlawblog.org/?author=3>
FairVote:
<http://www.fairvote.org/statewide-recounts-remain-scarce-zero-in-201>
"There were no statewide election recounts in 2012. This is particularly
noteworthy, considering the fact 419 statewide elections took place this
year. In this post-Florida 2000 political landscape, the specter of
recounts continues to loom large and you will even read thoughtful
people suggesting that the possibility of a recount is enough to oppose
a having one-person, one-vote elections for president by national
popular vote. However, when we step back and take a close look at the
numbers, it becomes clear that chance of actually having to perform a
recount is relatively remote. Indeed, from 2000 to 2012, 99.457% of
statewide elections have been successfully held without recounts -- and
recounts take place consistently show minuscule changes in victory margin."
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Posted in election administration <http://electionlawblog.org/?cat=18>,
recounts <http://electionlawblog.org/?cat=50> | 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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