[EL] ELB News and Commentary 1/27/12

Fri Jan 27 10:17:38 PST 2012

I am working on an article on state election law contests in Missouri, and am looking for information on the law of state election law contests in other states - what the big issues are, how courts have ruled on them, etc. Is anyone aware of any research on this that you can point me to? Please feel free to respond off-line to ReubenR at missouri.edu<mailto:ReubenR at missouri.edu>.

Thanks,

Richard.

Richard C. Reuben
James Lewis Parks Professor of Law
University of Missouri School of Law
Hulston Hall
Columbia, MO   65211
Phone: 573-884-5204
Fax: 573-882-3343
Email: ReubenR at missouri.edu<mailto:ReubenR at missouri.edu>
Internet: law.missouri.edu/reuben
Personal: richardreuben.com

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
Sent: Friday, January 27, 2012 10:31 AM
To: law-election at UCI.edu
Subject: [EL] ELB News and Commentary 1/27/12

The Big Campaign Finance Question Tuesday: 501c4 Contributions<http://electionlawblog.org/?p=28776>
Posted on January 27, 2012 8:24 am<http://electionlawblog.org/?p=28776> by Rick Hasen<http://electionlawblog.org/?author=3>

January 31 is an important day for campaign finance reporting, including when a number of new super PACs will be reporting for the first time.

The issue I will be watching: how many of these groups will be reporting contributions from (affiliated) 501(c)(4) organizations, which don't have to report their donors publicly.  The great fear that I and many others have is that individuals, corporations, and other entities will try to hide their identities by funneling money through (c)(4)s.
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Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"New Pew Report Details Progress on Military, Overseas Voting"<http://electionlawblog.org/?p=28774>
Posted on January 27, 2012 8:21 am<http://electionlawblog.org/?p=28774> by Rick Hasen<http://electionlawblog.org/?author=3>

Doug Chapin<http://blog.lib.umn.edu/cspg/peea/2012/01/new_pew_report_details_progress.php?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+HHHElections+%28Program+for+Excellence+in+Election+Administration%29>:

Today at the 2012 Overseas Vote Summit<https://www.overseasvotefoundation.org/initiatives-UOCAVAsummit-summit2012> in Washington, DC the Pew Center on the States will release Democracy from Afar: States Show Progress on Military and Overseas Voting<http://www.pewcenteronthestates.org/uploadedFiles/Pew_Democracy_From_Afar.pdf>, a new report updating progress on the issue of military and overseas voting first highlighted by Pew's 2009 report No Time To Vote<http://www.pewcenteronthestates.org/report_detail.aspx?id=47952>.

Democracy from Afar finds that "47 states and the District of Columbia enacted laws to protect the voting rights of military and overseas citizens". More specifically, Pew found that "many states have implemented changes to their laws or administrative codes," including -

+ Enough time to vote: 38 states and the District have laws or rules meeting or exceeding federal requirements to send ballots to military and overseas voters at least 45 days before an election AND 8 additional states changed their primary dates to accommodate the requirement;

+ Electronic transmission of unvoted ballots: All states and the District allow military and overseas voters to receive blank ballots electronically;

+ Eliminating requirements for notarization or witnesses: 46 states and the District do not call for either for military and overseas voters; and

+ Expanded use of Federal Write-in Absentee Ballots (FWABs): 34 states and the District mandate FWABs be used as a backup ballot for all elections, including state and local.

All of these changes are summarized state-by-state in a typically handy-dandy Pew chart on page 5 of the report.

It really is remarkable how far this issue has come in about three years; Pew's election team and its huge coalition of partners including OVF<http://overseasvotefoundation.org/>, the Pentagon's Federal Voting Assistance Program<http://fvap.gov/> and the Uniform Law Commission (whose Uniform Military and Overseas Voting Act<http://www.uniformlaws.org/Act.aspx?title=Military+and+Overseas+Voters+Act> is one ongoing vehicle for state and local reform) should be deeply gratified at everything they have accomplished.

Kudos to Director David Becker and the rest of the team at Pew's Election Initiatives<http://pewcenteronthestates.org/elections>, especially my former colleagues Matthew Morse and Stacie Temple, who skillfully and doggedly rode the rollercoaster of the Congressional and state legislative process to see so many of these changes through.

On behalf of Americans around the world who now have an opportunity to cast a timely and valid ballot - I salute you.

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Posted in election administration<http://electionlawblog.org/?cat=18> | Comments Off
"Why redistricting commissions aren't immune from politics"<http://electionlawblog.org/?p=28772>
Posted on January 27, 2012 8:19 am<http://electionlawblog.org/?p=28772> by Rick Hasen<http://electionlawblog.org/?author=3>

Stateline reports<http://www.stateline.org/live/details/story?contentId=627668>.
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Posted in citizen commissions<http://electionlawblog.org/?cat=7>, redistricting<http://electionlawblog.org/?cat=6> | Comments Off
Council of Europe Calls for More Transparency in U.S. Election Financing<http://electionlawblog.org/?p=28769>
Posted on January 27, 2012 8:15 am<http://electionlawblog.org/?p=28769> by Rick Hasen<http://electionlawblog.org/?author=3>

See here<http://www.coe.int/t/dghl/monitoring/greco/news/News%2820120126%29Eval3_USA_en.asp>.
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Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
NYT Editorializes on the Shelby County Voting Rights Case<http://electionlawblog.org/?p=28766>
Posted on January 27, 2012 8:13 am<http://electionlawblog.org/?p=28766> by Rick Hasen<http://electionlawblog.org/?author=3>

The Times<http://www.nytimes.com/2012/01/27/opinion/voting-and-racial-history.html?_r=1&ref=opinion>:

When Congress nearly unanimously reauthorized the Voting Rights Act in 2006, it relied on abundant evidence that there is still pervasive, persistent, even Jim Crow-style voting discrimination<http://www.protectcivilrights.org/pdf/voting/LouisianaVRA.pdf> in the South and elsewhere - including in Shelby County and other parts of Alabama. Without Section 5's preclearance requirement, Congress found, "racial and language minority citizens will be deprived of the opportunity to exercise their right to vote, or will have their votes diluted, undermining the significant gains made by minorities in the last 40 years."

The provision remains an effective and essential check against widespread voting violations. Many jurisdictions still actively sabotage the interests of minority voters, as shown in new efforts to keep these voters from the polls. Discrimination would be even more widespread without the continuing and critical deterrence of the preclearance requirement.
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Posted in Voting Rights Act<http://electionlawblog.org/?cat=15> | Comments Off
"4 lawmakers fight effort to depose them over election-law changes"<http://electionlawblog.org/?p=28763>
Posted on January 27, 2012 8:07 am<http://electionlawblog.org/?p=28763> by Rick Hasen<http://electionlawblog.org/?author=3>

The Orlando Sentinel reports<http://www.orlandosentinel.com/news/politics/os-election-court-fight-20120126,0,3123997.story>.
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Posted in election administration<http://electionlawblog.org/?cat=18> | Comments Off
"State ignores voters on constitutional convention; Majority voted in favor of con-con in 2010, yet it hasn't been convened"<http://electionlawblog.org/?p=28760>
Posted on January 27, 2012 8:04 am<http://electionlawblog.org/?p=28760> by Rick Hasen<http://electionlawblog.org/?author=3>

J.H. Snider has written this oped<http://www.baltimoresun.com/news/opinion/oped/bs-ed-con-con-20120118,0,1064670.story> for the Baltimore Sun.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1> | Comments Off
"Republicans May Block Nominees After Obama Recess Appointments"<http://electionlawblog.org/?p=28758>
Posted on January 27, 2012 8:03 am<http://electionlawblog.org/?p=28758> by Rick Hasen<http://electionlawblog.org/?author=3>

Bloomberg reports<http://www.bloomberg.com/news/2012-01-26/republicans-may-impede-some-judges-after-recess-appointments.html>.
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Posted in legislation and legislatures<http://electionlawblog.org/?cat=27> | Comments Off
Criticism of PA Justice Baer<http://electionlawblog.org/?p=28756>
Posted on January 27, 2012 8:02 am<http://electionlawblog.org/?p=28756> by Rick Hasen<http://electionlawblog.org/?author=3>

Following up on this post<http://electionlawblog.org/?p=28725>, the Pa. GOP has blasted<http://articles.philly.com/2012-01-26/news/30666924_1_comments-democrat-max-baer-justices> Justice Baer for talking to the press about an ongoing case and for taking at trip<http://howappealing.law.com/012612.html#044482> to Puerto Rico while the redistricting opinion is pending.
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Posted in redistricting<http://electionlawblog.org/?cat=6> | Comments Off
Thought of the Night<http://electionlawblog.org/?p=28752>
Posted on January 26, 2012 8:29 pm<http://electionlawblog.org/?p=28752> by Rick Hasen<http://electionlawblog.org/?author=3>

Despite all the talk of the influence of money in a post-Citizens United world (and I do believe it is a problem<http://www.cnn.com/2012/01/09/opinion/hasen-super-pacs/index.html> for the legislative process), it is heartening that public opinion on the presidential election seems driven to a great extent by the debates rather than by ads.  If, as some predict, Gingrich tanks again after tonight, it won't be because of disparities in super-PAC spending.
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Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"So Who's a Lobbyist"<http://electionlawblog.org/?p=28749>
Posted on January 26, 2012 7:24 pm<http://electionlawblog.org/?p=28749> by Rick Hasen<http://electionlawblog.org/?author=3>

This NY Times editorial<http://www.nytimes.com/2012/01/27/opinion/so-whos-a-lobbyist.html> endorses reforms from the  the lobbying task force<http://www.americanbar.org/content/dam/aba/migrated/2011_build/administrative_law/lobbying_task_force_report_010311.authcheckdam.pdf> of the American Bar Association [Disclosure: I am a member of the task force].
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Posted in legislation and legislatures<http://electionlawblog.org/?cat=27>, lobbying<http://electionlawblog.org/?cat=28> | Comments Off
"Testimony in Texas Redistricting Trial Ends"<http://electionlawblog.org/?p=28746>
Posted on January 26, 2012 7:20 pm<http://electionlawblog.org/?p=28746> by Rick Hasen<http://electionlawblog.org/?author=3>

The lates<http://www.mysanantonio.com/news/local_news/article/Testimony-in-Texas-redistricting-trial-wraps-up-2733232.php>t from D.C.
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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
Does the "Stand by Your Ad" Provision Have Any Meaning?<http://electionlawblog.org/?p=28743>
Posted on January 26, 2012 5:31 pm<http://electionlawblog.org/?p=28743> by Rick Hasen<http://electionlawblog.org/?author=3>

Andrew Kaczynski<https://twitter.com/#%21/AKaczynski1/status/162708218718593024> tweets about Mitt Romney statements during debate: "Romney just said I doubt an ad is mine. Well it is. Earlier he said he doesn't watch ads he approves."

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Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"Pro-Mitt Romney super PAC seems to parallel his campaign"<http://electionlawblog.org/?p=28741>
Posted on January 26, 2012 5:28 pm<http://electionlawblog.org/?p=28741> by Rick Hasen<http://electionlawblog.org/?author=3>

USA Today reports<http://www.usatoday.com/news/politics/story/2012-01-27/mitt-romney-super-PAC-comparisons/52809052/1?dlvrit=384245>.
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Posted in campaign finance<http://electionlawblog.org/?cat=10> | 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>
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org
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