[EL] ELB News and Commentary 7/9/12
Rick Hasen
rhasen at law.uci.edu
Mon Jul 9 07:31:21 PDT 2012
"Florida's System Failure; The state's effort to purge its voting
rolls of noncitizens is still in chaos."
<http://electionlawblog.org/?p=36657>
Posted on July 9, 2012 7:27 am <http://electionlawblog.org/?p=36657> by
Rick Hasen <http://electionlawblog.org/?author=3>
Important Dave Wiegel /Slate
<http://www.slate.com/articles/news_and_politics/politics/2012/07/florida_looks_ready_to_repeat_many_of_the_same_mistakes_in_how_it_conducts_its_elections.html>/column.
<http://www.slate.com/articles/news_and_politics/politics/2012/07/florida_looks_ready_to_repeat_many_of_the_same_mistakes_in_how_it_conducts_its_elections.html>
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
Jeffrey Rosen on Blogification of the Judiciary
<http://electionlawblog.org/?p=36654>
Posted on July 9, 2012 7:19 am <http://electionlawblog.org/?p=36654> by
Rick Hasen <http://electionlawblog.org/?author=3>
Rosen <http://www.politico.com/news/stories/0712/78205.html>. "It's not
just lower court judges on the right who now ridicule Supreme Court
precedents --- judges on the left are equally assertive. Consider the
recent Montana campaign finance case, which the Supreme Court reversed."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme
Court <http://electionlawblog.org/?cat=29> | Comments Off
"Rules of the Game: Debate Over Corporate Spending Spans Parallel
Universes" <http://electionlawblog.org/?p=36651>
Posted on July 9, 2012 7:14 am <http://electionlawblog.org/?p=36651> by
Rick Hasen <http://electionlawblog.org/?author=3>
Eliza
<http://www.rollcall.com/issues/58_1/Rules-of-the-Game-Debate-Over-Corporate-Spending-Spans-Parallel-Universes-215927-1.html?pos=hftxt>:
"There's plenty of room for disagreement over whether unrestricted
political money helps or hurts campaigns and whether fixes such as full
disclosure would work. But when starting points differ so wildly, it's
time to set the record straight. No matter how you slice it,
corporations are spending unprecedented sums in this campaign."
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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
"Making Sense of Chief Justice Roberts' Opinion"
<http://electionlawblog.org/?p=36648>
Posted on July 9, 2012 7:08 am <http://electionlawblog.org/?p=36648> by
Rick Hasen <http://electionlawblog.org/?author=3>
Jonathan Adler
<http://www.volokh.com/2012/07/09/making-sense-of-chief-justice-roberts-opinion/>
makes a lot of sense: "I can't speak to how the Chief Justice interacted
with his colleagues on the Court during the deliberations in /NFIB v.
Sebelius/, or to whether he truly flip-flopped on the mandate or (as
Mark Tushnet suggests) he had been the "least persuaded"
<http://balkin.blogspot.com/2012/07/my-view-on-drafting-nfib.html> of
the anti-mandate arguments at the initial conference and eventually
concluded
<http://balkin.blogspot.com/2012/07/reasons-for-thinking-that-law-mattered.html>
that it could be upheld. I do, however, think many of the Chief
Justice's critics have failed to recognize how this opinion fits with
what we've seen from the Chief in his first several years of the Court.
Specifically, I believe we can explain Roberts' vote in a way that is
quite consistent with his behavior in other cases and that does not
require ascribing political motives to him. While I am not persuaded by
Chief Justice Roberts' opinion, I believe it squares with his overall
jurisprudential approach for reasons I first noted here
<http://www.scotusblog.com/2012/06/lose-the-battle-win-the-war/> and
here
<http://www.volokh.com/2012/07/05/the-unprecedented-uniqueness-of-chief-justice-roberts-opinion/#comment-577410074>,
and will elaborate upon in this post....A second example can be found in
Jeff Toobin's behind-the-scenes account
<http://www.volokh.com/2012/05/14/jeffrey-toobin-on-citizens-united/> of
/Citizens United/. There, Toobin reports, the Chief drafted an opinion
that would have stretched the statute to exclude covering CU's video,
thereby avoiding the larger First Amendment question. While some
academics and attorneys had advocated this result, few tried to argue
that this outcome was dictated by the statutory text. In /CU/, as in
/NFIB/, it turned out Roberts was the only one willing to accept this
approach. The other conservatives were persuaded by Justice Kennedy to
swing for the fences, and the Court's liberals thought a saving
construction was unnecessary to uphold the statute. After reargument,
Roberts joined the Kennedy's opinion invalidating the restrictions, but
it appears not to have been his preferred course of action."
Jonathan also mentions the Chief's opinion in WRTL II. I'd add NAMUDNO,
and this makes me think that it was Roberts, not Kennedy, who pushed for
avoiding the constitutional issue in NAMUDNO as to whether section 5 of
the Voting Rights Act would stand.
But for reasons I've expressed here,
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1436669> I don't
expect the Chief to continue to take that position when the issue
returns to SCOTUS next term.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme
Court <http://electionlawblog.org/?cat=29>, Voting Rights Act
<http://electionlawblog.org/?cat=15> | Comments Off
"Protesters raise cloud of sand as Romney raises $3 million in N.Y."
<http://electionlawblog.org/?p=36646>
Posted on July 9, 2012 7:05 am <http://electionlawblog.org/?p=36646> by
Rick Hasen <http://electionlawblog.org/?author=3>
Well worth the read
<http://www.latimes.com/news/nationworld/nation/la-na-romney-protests-20120709,0,5308609.story>
for the choice quotes.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
"States' voter ID laws could disenfranchise thousands in 2012?
<http://electionlawblog.org/?p=36643>
Posted on July 9, 2012 6:59 am <http://electionlawblog.org/?p=36643> by
Rick Hasen <http://electionlawblog.org/?author=3>
APreports.
<http://www.latimes.com/news/nationworld/nation/la-na-voter-id-laws-20120709,0,2415732.story>
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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
"Urgency Reigns At Vote-Focused NAACP Convention"
<http://electionlawblog.org/?p=36640>
Posted on July 9, 2012 6:56 am <http://electionlawblog.org/?p=36640> by
Rick Hasen <http://electionlawblog.org/?author=3>
The Root
<http://www.theroot.com/buzz/voter-id-laws-take-centerstage-naacp-convention?wpisrc=root_more_news>comments
on this NPR repor
<http://www.npr.org/2012/07/08/156443668/urgency-reigns-at-vote-focused-naacp-convention>t.
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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
"Report on Anchorage Ballot Problems Highlights Importance of
Turnout to Election Planning" <http://electionlawblog.org/?p=36637>
Posted on July 9, 2012 6:50 am <http://electionlawblog.org/?p=36637> by
Rick Hasen <http://electionlawblog.org/?author=3>
A Chapinblog
<http://blog.lib.umn.edu/cspg/electionacademy/2012/07/report_on_anchorage_ballot_pro.php>.
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Posted in election administration <http://electionlawblog.org/?cat=18> |
Comments Off
Important Campaign Finance Story in /The Hill/ with Misleading Lede
<http://electionlawblog.org/?p=36635>
Posted on July 9, 2012 6:49 am <http://electionlawblog.org/?p=36635> by
Rick Hasen <http://electionlawblog.org/?author=3>
The article,
<http://thehill.com/homenews/campaign/236569-outside-groups-switch-election-tactics-to-keep-donors-secret>
"Outside groups switch election tactics to keep their donors secret,"
begins: "Outside groups are going to extra lengths to keep their donors
secret, worrying that public disclosure could open up their supporters
to harassment."
The Hill has bought into the unsupported harassment nonsense
<http://www.politico.com/news/stories/0512/76919.html>. Better lede
would have said "publicly claiming to worry that public disclosure could
open up their supporters to harassment."
Still, the article is worth reading to look at the lengths corporations
and others will go to to have speech, but no accountability.
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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
Redistricting Resource: Maps, Maps, Maps
<http://electionlawblog.org/?p=36633>
Posted on July 8, 2012 11:19 pm <http://electionlawblog.org/?p=36633> by
Justin Levitt <http://electionlawblog.org/?author=4>
Also, another redistricting-related announcement. PDFs, ESRI
shapefiles, and Google maps of all of the new federal and state
redistricting lines, along with links to state pages with more data
about the new districts, are now available here
<http://redistricting.lls.edu/2010districts.php>. (All, that is, except
the states that aren't yet done, and Rhode Island, which hasn't yet made
shapefiles publicly available.) For those looking to do research on the
new lines before the Census turns around new data products, this
collection of files should help.
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Posted in redistricting <http://electionlawblog.org/?cat=6> | Comments Off
175th (and 176th) Redistricting Lawsuit Filed
<http://electionlawblog.org/?p=36631>
Posted on July 8, 2012 11:14 pm <http://electionlawblog.org/?p=36631> by
Justin Levitt <http://electionlawblog.org/?author=4>
That's right --- 40 states have now seen 176 lawsuits affecting
redistricting this cycle ... so far. Numbers 173-176 were filed
challenging the newest Pennsylvania state maps
<http://redistricting.lls.edu/cases-PA.php#PA> late last week. Details
on all of the litigation so far, here
<http://redistricting.lls.edu/cases.php>.
Last cycle <http://redistricting.lls.edu/index.php#2012recap>, there
were 149 cases filed
<http://www.senate.mn/departments/scr/redist/redsum2000/redsum2000.htm>,
and 150 cases <http://www.senate.mn/departments/scr/redist/redout.htm>
the cycle before ... which makes this cycle the most litigious in at
least the last 30 years. And we're not done yet.
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Posted in redistricting <http://electionlawblog.org/?cat=6> | Comments Off
"Texas Photo-ID Law Vetted for Voter Bias in U.S. Trial"
<http://electionlawblog.org/?p=36627>
Posted on July 8, 2012 9:35 pm <http://electionlawblog.org/?p=36627> by
Rick Hasen <http://electionlawblog.org/?author=3>
Bloomberg Businessweek reports
<http://www.businessweek.com/news/2012-07-09/texas-photo-id-law-vetted-for-voter-bias-in-u-dot-s-dot-trial>.
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Posted in Department of Justice <http://electionlawblog.org/?cat=26>,
election administration <http://electionlawblog.org/?cat=18>, The Voting
Wars <http://electionlawblog.org/?cat=60>, voter id
<http://electionlawblog.org/?cat=9> | Comments Off
"Editorial: Walking a fine line on voter ID issue"
<http://electionlawblog.org/?p=36623>
Posted on July 8, 2012 8:39 pm <http://electionlawblog.org/?p=36623> by
Rick Hasen <http://electionlawblog.org/?author=3>
Star-Tribune editorial
<http://www.startribune.com/opinion/editorials/161624685.html>: "The
much-debated voter ID amendment is a potential minefield for Minnesota's
top elections official. Secretary of State Mark Ritchie's opposition to
the proposed changes in election law has been well-known for years. Yet
now that the Legislature has put the issue on the ballot for voters, his
office must be sure that the referendum is carried out fairly and
impartially."
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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
The Second Jan Crawford Inside Dirt on SCOTUS is More Shocking than
the First <http://electionlawblog.org/?p=36620>
Posted on July 8, 2012 8:28 pm <http://electionlawblog.org/?p=36620> by
Rick Hasen <http://electionlawblog.org/?author=3>
It was surprising enough to read Jan Crawford's article
<http://www.cbsnews.com/8301-3460_162-57464549/roberts-switched-views-to-uphold-health-care-law/>
last week detailing how the Chief Justice switched his vote in the
health care case, much to the dismay of his Republican colleagues. The
article set off a a firestorm of sorts among Court watchers about the
rare leak of internal Court deliberations in real time.
It was clear from the first article that the other conservative Justices
were angry with Roberts. But what explains the new story from Crawford?
Entitled Discord at Supreme Court is Deep, and Personal,
<http://www.cbsnews.com/8301-3460_162-57468202/discord-at-supreme-court-is-deep-and-personal/>the
sole point of the additional leaks to Crawford appears to be to
emphasize the nature of the anger of the other Supreme Court Justices at
Roberts. Is the point to intimidate? As I've said
<http://www.politico.com/news/stories/0512/76919.html>, I find it hard
to believe that the Chief Justice could be intimidated by anyone to do
anything but vote his conscience. If the point is to signal to the
Chief that he had better get into line if he wants future cooperation
from the other Justices, that seems like an idle threat---they need his
vote to get anything done.
Instead it looks like one or more Justices who remain emotional, and
cannot move on---at least not yet. Or else, why talk to Crawford yet again?
UPDATE: More thoughts from Orin Kerr.
<http://www.volokh.com/2012/07/08/the-supreme-court-leaks-continue/>
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Posted in Supreme Court <http://electionlawblog.org/?cat=29> | Comments Off
"Democrats to ask for curbs on donor-shielding groups"
<http://electionlawblog.org/?p=36617>
Posted on July 8, 2012 8:14 pm <http://electionlawblog.org/?p=36617> by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT
<http://www.nytimes.com/2012/07/09/us/politics/democrats-want-fec-to-restrict-donor-shielding-groups.html>:
"The Democratic Party's Senate campaign arm will file a formal complaint
Monday, July 9, with the Federal Election Commission against three of
the Republicans' biggest campaign groups, accusing them of willful
violations of federal election law and asking that their electioneering
be stopped. The complaint by the Democratic Senatorial Campaign
Committee against Crossroads Grassroots Policy Strategies, Americans for
Prosperity and the 60 Plus Association begins a new phase in the
Democrats' struggle to keep pace with Republicans since the Supreme
Court's 2010 Citizens United ruling. That decision cleared the way for
unlimited campaign donations to a new breed of super PACs from
corporations, unions and wealthy contributors."
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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
Hunter Case Finally Over in Hamilton County, Ohio
<http://electionlawblog.org/?p=36614>
Posted on July 8, 2012 8:07 pm <http://electionlawblog.org/?p=36614> by
Rick Hasen <http://electionlawblog.org/?author=3>
Good news
<http://cincinnati.com/blogs/politics/2012/07/02/appeal-dropped-in-juvenile-judge-race/>
for the parties that it is over. But there are some great uncertainties
over how wrong precinct ballots cast in Ohio because of pollworker error
should be counted. Ohio Sec. of State Husted faces conflicting edicts
from the state Supreme Court and the Sixth Circuit. An appeal might
have helped to sort this out.
This is the case Ned Foley had called
<http://electionlawblog.org/?p=17829> the "most significant application"
of /Bush v. Gore/.
I talk about this litigation in some detail in Chapter 5 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
"Foes of Voter ID Laws Find Ways to Mute Their Impact"
<http://electionlawblog.org/?p=36611>
Posted on July 8, 2012 11:32 am <http://electionlawblog.org/?p=36611> by
Rick Hasen <http://electionlawblog.org/?author=3>
National Journal reports.
<http://nationaljournal.com/politics/foes-of-voter-id-laws-find-ways-to-mute-their-impact-20120708>
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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
"Meet the hanging chad of 2012? <http://electionlawblog.org/?p=36608>
Posted on July 8, 2012 11:15 am <http://electionlawblog.org/?p=36608> by
Rick Hasen <http://electionlawblog.org/?author=3>
Nate Persily nominates
<http://www.nydailynews.com/opinion/meet-hanging-chad-2012-article-1.1109962>
absentee ballots.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
A Great Overview of the Marks-Aspen Battle over Ballot Transparency
<http://electionlawblog.org/?p=36605>
Posted on July 8, 2012 11:09 am <http://electionlawblog.org/?p=36605> by
Rick Hasen <http://electionlawblog.org/?author=3>
Here <http://www.aspendailynews.com/section/columnist/153846>, in the
Aspen Daily News.
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Posted in election administration <http://electionlawblog.org/?cat=18> |
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--
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
Pre-order The Voting Wars: http://amzn.to/y22ZTv
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