[EL] Pensions as compelled speech
Sean Parnell
sean at impactpolicymanagement.com
Fri Jul 13 09:58:06 PDT 2012
Professor Sachs also misses the obvious solution: shifting public employees
into defined-contribution (i.e. 401k-style) retirement funding systems,
where they have the option of picking where their money goes.
Sean Parnell
President
Impact Policy Management, LLC
6411 Caleb Court
Alexandria, VA 22315
571-289-1374 (c)
sean at impactpolicymanagement.com
From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Bill
Maurer
Sent: Friday, July 13, 2012 12:51 PM
To: Rick Hasen; law-election at UCI.edu
Subject: Re: [EL] Pensions as compelled speech
Professor Sachs' piece for the New York Times is interesting-for decades,
campaign finance reformers have tried to pass public financing systems that
would compel taxpayers to support political speech with which they do not
agree or to which they are indifferent. Then, compelled speech was good,
because it yielded more speech (see Justice Kagan's dissent in Arizona
Freedom Club PAC v. Bennett). Yet, all of a sudden, compelled speech is bad
because of . Citizens United <http://www.youtube.com/watch?v=a1Y73sPHKxw>
(even though what Professor Sachs describes is not compelled speech because
no public pension plan is compelled to invest in any private company).
This proposal thus appears to be yet another attempt to limit First
Amendment freedoms under the guise of protecting the First Amendment.
Bill
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, July 13, 2012 8:51 AM
To: law-election at UCI.edu
Subject: [EL] ELB News and Commentary 7/13/12
<http://electionlawblog.org/?p=36906> "New Voter Registration Laws:
Fighting Voter Fraud or Suppressing the Vote?"
Posted on <http://electionlawblog.org/?p=36906> July 13, 2012 8:47 am by
Rick Hasen <http://electionlawblog.org/?author=3>
The "Presidential Showcase Program
<http://www.americanbar.org/content/dam/aba/events/criminal_justice/annual12
_voter.doc> " at the ABA Criminal Justice Section meeting in Chicago is on
this topic, featuring these panelists:
Panelists:
thomas e. perez, Assistant Attorney General, Civil Rights Division, U.S.
Department of Justice - INVITED
alan wilson, Attorney General, State of South Carolina
clarissa martinez DE CASTRO, Director of Immigration and Civic Engagement,
National Council of La Raza
GERALD A. REYNOLDS, Former Chair, United States Civil Rights Commission
Moderator: Ashley l. taylor, jr., Troutman Sanders, Washington, D.C.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36906&title=%E2%80%9CNew%20Voter%20Registration%20Laws%3A%20%20Fightin
g%20Voter%20Fraud%20or%20Suppressing%20the%20Vote%3F%E2%80%9D&description=>
Share
Posted in election administration <http://electionlawblog.org/?cat=18> , The
Voting Wars <http://electionlawblog.org/?cat=60> , voter registration
<http://electionlawblog.org/?cat=37> , Voting Rights Act
<http://electionlawblog.org/?cat=15> | Comments Off
<http://electionlawblog.org/?p=36903> "'Got Voter ID?' State Efforts At
Public Education Vary Widely"
Posted on <http://electionlawblog.org/?p=36903> July 13, 2012 8:44 am by
Rick Hasen <http://electionlawblog.org/?author=3>
TPM reports
<http://tpmmuckraker.talkingpointsmemo.com/2012/07/state_voter_id_education_
efforts.php> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36903&title=%E2%80%9C%E2%80%98Got%20Voter%20ID%3F%E2%80%99%20State%20E
fforts%20At%20Public%20Education%20Vary%20Widely%E2%80%9D&description=>
Share
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
<http://electionlawblog.org/?p=36900> "Florida leads nation with 10 % of
adults not allowed to vote"
Posted on <http://electionlawblog.org/?p=36900> July 13, 2012 8:35 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Tampa Tribune
<http://www2.tbo.com/news/breaking-news/2012/jul/13/1/state-no-1-in-blocking
-votes-study-says-ar-430476/> : "Nearly one-fourth of black Florida adults,
and one-tenth of the state's total voting-age population, aren't allowed to
vote because of the state's prohibition on voting by former felons, the
nation's highest rate of disenfranchisement, according to a study by an
advocacy group."
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36900&title=%E2%80%9CFlorida%20leads%20nation%20with%2010%20%25%20of%2
0adults%20not%20allowed%20to%20vote%E2%80%9D&description=> Share
Posted in felon voting <http://electionlawblog.org/?cat=66> | Comments Off
California Citizen Commission a Success, on At Least One Measure
<http://electionlawblog.org/?p=36896>
Posted on <http://electionlawblog.org/?p=36896> July 13, 2012 8:13 am by
Rick Hasen <http://electionlawblog.org/?author=3>
When Californians considered Proposition 11, establishing the redistricting
commission, I was skeptical that the Rube Goldberg-esque machine could
actually pass a plan, which could be implemented in time for the 2012
elections, which would not be subject to a major court challenge or
referendum.
Well the measure passed, and it survived some court fights. Now comes news
that Republicans who qualified a referendum to reconsider the state Senate
lines are urging a no vote
<http://latimesblogs.latimes.com/california-politics/2012/07/gop-activists-b
ehind-redistricting-referendum-drop-campaign-plans.html> , admitting (quite
candidly) that the main purpose of the referendum was to try to block the
lines from being used in the 2012 elections.
Now I look forward to the debate over whether the lines created by the
Commission were better or worse than the lines drawn by the California
legislature (which has been accused of engaging in both partisan
gerrymandering and bipartisan (sweetheart) gerrymandering in the past. But
I do think it is significant that the commission was able to produce lines
which actually are being used, without change, in this year's elections.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36896&title=California%20Citizen%20Commission%20a%20Success%2C%20on%20
At%20Least%20One%20Measure&description=> Share
Posted in citizen commissions <http://electionlawblog.org/?cat=7> ,
redistricting <http://electionlawblog.org/?cat=6> | Comments Off
<http://electionlawblog.org/?p=36894> "Single-member districts offer mixed
bag for minorities; Montgomery wants what Prince George's has - a
majority-Hispanic district"
Posted on <http://electionlawblog.org/?p=36894> July 13, 2012 8:07 am by
Rick Hasen <http://electionlawblog.org/?author=3>
News
<http://www.gazette.net/article/20120713/NEWS/707139680/1022/single-member-d
istricts-offer-mixed-bag-for-minorities&template=gazette> from Maryland. In
more Maryland redistricting news see this report
<http://www.gazette.net/article/20120713/NEWS/707139662/1016/redistricting-p
etition-drive-meets-signature-goal&template=gazette> , "Redistricting
petition drive meets signature goal; Supporters expect legal challenge to
congressional map."
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36894&title=%E2%80%9CSingle-member%20districts%20offer%20mixed%20bag%2
0for%20minorities%3B%20Montgomery%20wants%20what%20Prince%20George%E2%80%99s
%20has%20%E2%80%94%20a%20majority-Hispanic%20district%E2%80%9D&> Share
Posted in alternative voting systems <http://electionlawblog.org/?cat=63> ,
redistricting <http://electionlawblog.org/?cat=6> , referendum
<http://electionlawblog.org/?cat=56> | Comments Off
<http://electionlawblog.org/?p=36891> "Democrats Renew Push For DISCLOSE
Act"
Posted on <http://electionlawblog.org/?p=36891> July 13, 2012 8:04 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Roll Call reports
<http://www.rollcall.com/news/Democrats-Renew-Push-For-DISCLOSE-Act-216106-1
.html?pos=hftxt> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36891&title=%E2%80%9CDemocrats%20Renew%20Push%20For%20DISCLOSE%20Act%E
2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
<http://electionlawblog.org/?p=36889> "13 reasons why this is the worst
Congress ever"
Posted on <http://electionlawblog.org/?p=36889> July 13, 2012 8:03 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Ezra Klein column
<http://www.washingtonpost.com/blogs/ezra-klein/wp/2012/07/13/13-reasons-why
-this-is-the-worst-congress-ever/> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36889&title=%E2%80%9C13%20reasons%20why%20this%20is%20the%20worst%20Co
ngress%20ever%E2%80%9D&description=> Share
Posted in legislation and legislatures <http://electionlawblog.org/?cat=27>
, political polarization <http://electionlawblog.org/?cat=68> | Comments
Off
<http://electionlawblog.org/?p=36886> "Rove hits big: The birth of a
mega-donor"
Posted on <http://electionlawblog.org/?p=36886> July 13, 2012 7:58 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Politico reports
<http://dyn.politico.com/printstory.cfm?uuid=C89FFCF6-12DB-48B2-A97F-372611C
8A420> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36886&title=%E2%80%9CRove%20hits%20big%3A%20The%20birth%20of%20a%20meg
a-donor%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
<http://electionlawblog.org/?p=36883> "How Pensions Violate Free Speech"
Posted on <http://electionlawblog.org/?p=36883> July 13, 2012 7:55 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Benjamin Sach as written this NYT oped
<http://www.nytimes.com/2012/07/13/opinion/under-citizens-united-public-empl
oyees-are-compelled-to-pay-for-corporate-political-speech.html?_r=1&ref=opin
ion> , which begins: "A CENTRAL principle of American political life is that
everyone gets to choose which candidates to support. The idea that the
government could force us to support those we oppose is anathema. But this
unacceptable state of affairs is one of the unintended consequences of the
Supreme Court's decision in the 2010 Citizens United
<http://www.law.cornell.edu/supct/html/08-205.ZS.html> case."
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36883&title=%E2%80%9CHow%20Pensions%20Violate%20Free%20Speech%E2%80%9D
&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
<http://electionlawblog.org/?p=36880> "Texas Voter ID Clown Show Ends
Today"
Posted on <http://electionlawblog.org/?p=36880> July 13, 2012 7:52 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Christian Adams
<http://pjmedia.com/jchristianadams/2012/07/12/texas-voter-id-clown-show-end
s-today/> on the DC trial for Texas voter id.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36880&title=%E2%80%9CTexas%20Voter%20ID%20Clown%20Show%20Ends%20Today%
E2%80%9D&description=> Share
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> , Voting Rights Act
<http://electionlawblog.org/?cat=15> | Comments Off
<http://electionlawblog.org/?p=36878> "Pennsylvania Is Key to Republican
Vote-Blocking"
Posted on <http://electionlawblog.org/?p=36878> July 13, 2012 7:51 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Jonathan Alter has written this column
<http://www.bloomberg.com/news/2012-07-12/pennsylvania-is-key-to-republican-
vote-blocking.html> for Bloomberg View.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36878&title=%E2%80%9CPennsylvania%20Is%20Key%20to%20Republican%20Vote-
Blocking%E2%80%9D&description=> Share
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
<http://electionlawblog.org/?p=36875> "Election confusion looms in Florida"
Posted on <http://electionlawblog.org/?p=36875> July 12, 2012 8:14 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
Howard Simon has written this oped
<http://www.tampabay.com/opinion/columns/election-confusion-looms-in-florida
/1240010> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36875&title=%E2%80%9CElection%20confusion%20looms%20in%20Florida%E2%80
%9D&description=> Share
Posted in election administration <http://electionlawblog.org/?cat=18> , The
Voting Wars <http://electionlawblog.org/?cat=60> , Voting Rights Act
<http://electionlawblog.org/?cat=15> | Comments Off
<http://electionlawblog.org/?p=36872> "Feds: Cudahy officials threw away
ballots, manipulated two elections"
Posted on <http://electionlawblog.org/?p=36872> July 12, 2012 7:50 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
LA Times
<http://latimesblogs.latimes.com/lanow/2012/07/cudahy-corruption-election-fr
aud.html> reports on local election officials opening absentee ballots in
advance to decide which ones to count, among other things.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36872&title=%E2%80%9CFeds%3A%20Cudahy%20officials%20threw%20away%20bal
lots%2C%20manipulated%20two%20elections%E2%80%9D&description=> Share
Posted in chicanery <http://electionlawblog.org/?cat=12> | Comments Off
Texas Voter ID Trial Ending <http://electionlawblog.org/?p=36869>
Posted on <http://electionlawblog.org/?p=36869> July 12, 2012 7:46 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
My SA
<http://www.mysanantonio.com/news/local_news/article/Chief-witness-in-voter-
ID-trial-backs-3703522.php> : "Four days of testimony ended Thursday in a
federal trial on the legality of a new Texas voter ID law that was rejected
by the Justice Department
<http://www.mysanantonio.com/?controllerName=search&action=search&channel=ne
ws%2Flocal_news&search=1&inlineLink=1&query=%22Justice+Department%22> under
the Voting Rights Act. The case is being watched closely by other states
that have recently passed restrictive voter laws. 'It's over. The trial has
ended. It's a tough set of issues, it's a tough case,' said U.S. District
Judge Rosemary Collyer
<http://www.mysanantonio.com/?controllerName=search&action=search&channel=ne
ws%2Flocal_news&search=1&inlineLink=1&query=%22Rosemary+Collyer%22> , one of
three federal judges hearing the case."
More:
Dr. Stephen Ansolabehere
<http://www.mysanantonio.com/?controllerName=search&action=search&channel=ne
ws%2Flocal_news&search=1&inlineLink=1&query=%22Stephen+Ansolabehere%22> , a
Justice Department witness, testified Thursday that the new ID law would
disproportionately impact black and Hispanic voters casting ballots at
precinct polling places - the basis of the justice department's
pre-clearance denial of the law - but admitted that his conclusion could be
flawed.
Ansolabehere, a Harvard University
<http://www.mysanantonio.com/?controllerName=search&action=search&channel=ne
ws%2Flocal_news&search=1&inlineLink=1&query=%22Harvard+University%22>
professor, said that his analysis of voter registration rolls, driver's
license and concealed weapons permit records used to draw his conclusions
were not foolproof.
The courtroom erupted in laughter several times as lawyers for Texas said
his list of those potentially affected by the law was a gross overestimation
and showed that former President George W. Bush
<http://www.mysanantonio.com/?controllerName=search&action=search&channel=ne
ws%2Flocal_news&search=1&inlineLink=1&query=%22George+W.+Bush%22> , Sen. Kay
Bailey Hutchison
<http://www.mysanantonio.com/?controllerName=search&action=search&channel=ne
ws%2Flocal_news&search=1&inlineLink=1&query=%22Kay+Bailey+Hutchison%22> and
former Sen. Phil Gramm
<http://www.mysanantonio.com/?controllerName=search&action=search&channel=ne
ws%2Flocal_news&search=1&inlineLink=1&query=%22Phil+Gramm%22> were on a
list of people that did not have Texas IDs that exactly matched the voting
rolls.
"I think it's likely Sen. Hutchison has a photo ID," Ansolabehere admitted
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36869&title=Texas%20Voter%20ID%20Trial%20Ending&description=> Share
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
<http://electionlawblog.org/?p=36866> "California Redistricting Commission
Receives Funding, will Continue Limited Operations"
Posted on <http://electionlawblog.org/?p=36866> July 12, 2012 7:36 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
RedistrictingOnline.org reports
<http://www.redistrictingonline.org/cacrcfundingfound071212.html> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36866&title=%E2%80%9CCalifornia%20Redistricting%20Commission%20Receive
s%20Funding%2C%20will%20Continue%20Limited%20Operations%E2%80%9D&description
=> Share
Posted in citizen commissions <http://electionlawblog.org/?cat=7> ,
redistricting <http://electionlawblog.org/?cat=6> | Comments Off
<http://electionlawblog.org/?p=36864> "Wisconsin: Election Fairness looks
to count all paper ballots in recall"
Posted on <http://electionlawblog.org/?p=36864> July 12, 2012 7:35 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
This item
<http://recallelections.blogspot.com/2012/07/wisconsin-election-fairness-loo
ks-to.html> appears at the Recall Elections Blog.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36864&title=%E2%80%9CWisconsin%3A%20Election%20Fairness%20looks%20to%2
0count%20all%20paper%20ballots%20in%20recall%E2%80%9D&description=> Share
Posted in election administration <http://electionlawblog.org/?cat=18> ,
recall elections <http://electionlawblog.org/?cat=11> , voting technology
<http://electionlawblog.org/?cat=40> | Comments Off
Adler on Constitutional Avoidance, the Chief Justice, and Justice Ginsburg
<http://electionlawblog.org/?p=36861>
Posted on <http://electionlawblog.org/?p=36861> July 12, 2012 7:25 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
Jonathan Adler:
<http://www.volokh.com/2012/07/12/chief-justice-roberts-and-constitutional-a
voidance/>
As I noted in this post
<http://www.volokh.com/2012/07/09/making-sense-of-chief-justice-roberts-opin
ion/> , I think the pattern of the Chief Justice's behavior is a product of
multiple elements within his jurisprudence. First, I think he genuinely
believes in constitutional avoidance as an important principle. He also
believes that the Court should strive to bring clarity and concreteness. As
a consequence he dislikes splintered holdings. Thus, in NAMUDNO he was
willing to adopt a strained reading of the statute on avoidance grounds
because other justices were willing to go along. Similarly in FIB, while
other justices did not join the portion of his opinion on avoidance, a
majority did embrace his conclusion that the mandate could be viewed as a
valid exercise of the taxing power. In Citizens United, on the other hand,
embracing constitutional avoidance would have required the Chief to adopt a
statutory interpretation that was rejected by all eight other justices.
Thus, he would have written a controlling opinion based on a premise that
every other justice rejected. Yet, according to Jeffrey Toobin
<http://www.volokh.com/2012/05/14/jeffrey-toobin-on-citizens-united/> 's
reporting, he was prepared to go the narrow, avoidance-based route when it
appeared other justices would agree.
While Prof. Hasen puzzles over the behavior of the Chief, I think it is the
approach to avoidance taken by other justices that is harder to explain.
Chief Justice Roberts appears ready to rely on avoidance quite aggressively
to avoid invalidating statutes, but not at the expense of fracturing the
Court. But what about, say, Justice Ginsburg? She wouldn't join the Chief to
adopt a narrow holding in Citizens United that would have saved the statute,
at the expense of a holding with which she would have disagreed, but was in
NAMUDNO. Is there a theory to explain this?
I agree that if the Chief Justice offered to use the avoidance canon in
Citizens United and the liberals refused to go along, that would indeed be
puzzling. But for this reason I am unconvinced that on this point Toobin's
description is accurate.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36861&title=Adler%20on%20Constitutional%20Avoidance%2C%20the%20Chief%2
0Justice%2C%20and%20Justice%20Ginsburg&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> , Supreme
Court <http://electionlawblog.org/?cat=29> | Comments Off
The Anti-Super PAC Super PAC <http://electionlawblog.org/?p=36857>
Posted on <http://electionlawblog.org/?p=36857> July 12, 2012 12:52 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
Bonus
<http://www.washingtonpost.com/politics/son-of-liberal-financier-george-soro
s-launches-anti-super-pac-super-pac/2012/07/12/gJQABQlufW_story.html> : from
a Soros.
I think my irony meter just broke.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36857&title=The%20Anti-Super%20PAC%20Super%20PAC&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
<http://electionlawblog.org/?p=36854> "Party Strains to Be Heard Now That
Its Voice Isn't Nader's"
Posted on <http://electionlawblog.org/?p=36854> July 12, 2012 12:06 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT
<http://www.nytimes.com/2012/07/13/us/politics/jill-stein-green-party-candid
ate-and-the-chances-of-making-a-difference.html?_r=1&hp> on the Green Party.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36854&title=%E2%80%9CParty%20Strains%20to%20Be%20Heard%20Now%20That%20
Its%20Voice%20Isn%E2%80%99t%20Nader%E2%80%99s%E2%80%9D&description=> Share
Posted in ballot access <http://electionlawblog.org/?cat=46> , third parties
<http://electionlawblog.org/?cat=47> | Comments Off
<http://electionlawblog.org/?p=36851> "Judges Will Rule on Texas Voter ID"
Posted on <http://electionlawblog.org/?p=36851> July 12, 2012 10:11 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Roll Call reports
<http://www.rollcall.com/issues/58_4/Judges-Will-Rule-on-Texas-Voter-ID-2160
71-1.html?pos=hln> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36851&title=%E2%80%9CJudges%20Will%20Rule%20on%20Texas%20Voter%20ID%E2
%80%9D&description=> Share
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> , Voting Rights Act
<http://electionlawblog.org/?cat=15> | Comments Off
<http://electionlawblog.org/?p=36849> "Tennessee program to provide photo
IDs missing most voters who need it"
Posted on <http://electionlawblog.org/?p=36849> July 12, 2012 10:11 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Facing South
<http://www.southernstudies.org/2012/07/tennessee-program-to-provide-photo-i
ds-missing-most-voters-who-need-it.html> :
Critics argued the bill posed an especially big problem for the elderly: A
unique Tennessee law allows residents over 60 to get driver's licenses
without a picture. According to state records, more than 230,000 Tennessee
seniors have such licenses
<http://www.wbir.com/news/article/185824/2/Tennessee-voter-ID-law-awaits-eff
ect-on-seniors> - 126,000 of whom are registered to vote - meaning they
wouldn't be able to vote with those IDs.
The total number of eligible Tennesse citizens without photo IDs is likely
much higher. Voting rights groups like the Brennan Center estimate that up
to 10 percent of eligible voters nationally lack photo ID cards
<http://www.brennancenter.org/content/resource/policy_brief_on_voter_identif
ication/> . With nearly 3.9 million registered voters, that would translate
to more than 380,000 citizens without the needed photo ID in Tennessee.
But a Facing South public information request to the Tennessee Department of
Safety and Homeland Security revealed that only a fraction of the voters who
likely need photo ID cards to vote are getting them.
In an email to Facing South, Jennifer Donnals of the department stated, "As
of Monday, July 9 our department had issued 20,923 state IDs for voting
purposes to citizens in Tennessee."
That figure would only cover 17 percent of Tennessee seniors who are
registered to vote but lack photos on their driver's licenses, potentially
leaving as many as 100,000 state citizens aged 60 and up without needed
identification to vote.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36849&title=%E2%80%9CTennessee%20program%20to%20provide%20photo%20IDs%
20missing%20most%20voters%20who%20need%20it%E2%80%9D&description=> Share
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
<http://electionlawblog.org/?p=36847> "Texas' Road To Victory in Its
Decades Long Fight Against Voting Rights"
Posted on <http://electionlawblog.org/?p=36847> July 12, 2012 9:51 am by
Rick Hasen <http://electionlawblog.org/?author=3>
ColorLines reports.
<http://colorlines.com/archives/2012/07/texas_vs_the_voting_rights_act_still
.html>
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36847&title=%E2%80%9CTexas%E2%80%99%20Road%20To%20Victory%20in%20Its%2
0Decades%20Long%20Fight%20Against%20Voting%20Rights%E2%80%9D&description=>
Share
Posted in election administration <http://electionlawblog.org/?cat=18> , The
Voting Wars <http://electionlawblog.org/?cat=60> , voter id
<http://electionlawblog.org/?cat=9> , Voting Rights Act
<http://electionlawblog.org/?cat=15> | Comments Off
<http://electionlawblog.org/?p=36845> "25% of Romney bundlers hail from
finance sector"
Posted on <http://electionlawblog.org/?p=36845> July 12, 2012 9:50 am by
Rick Hasen <http://electionlawblog.org/?author=3>
USA Today reports
<http://www.usatoday.com/news/politics/story/2012-07-10/romney-bundlers-fina
nce-sector/56156630/1> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36845&title=%E2%80%9C25%25%20of%20Romney%20bundlers%20hail%20from%20fi
nance%20sector%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
<http://electionlawblog.org/?p=36843> "Senate Dems offer new version of
DISCLOSE Act to fight Citizens United ruling"
Posted on <http://electionlawblog.org/?p=36843> July 12, 2012 9:49 am by
Rick Hasen <http://electionlawblog.org/?author=3>
The Hill:
<http://thehill.com/blogs/floor-action/senate/237377-senate-dems-offer-new-v
ersion-of-disclose-act-to-fight-citizens-united-ruling> "Sen. Sheldon
Whitehouse (D-R.I.) and eight other Senate Democrats proposed new
legislation on Tuesday that seeks to counteract the 2010 Citizens United
case in which the Supreme Court ruled that the government cannot limit
political spending by corporations, unions or other groups.The new DISCLOSE
Act of 2012,
<http://thehill.com/images/stories/blogs/flooraction/jan2012/s3369.pdf> S.
3369, would not require disclosure until these groups spend $10,000 or more
in aggregate, and would also remove other pieces from the 2010 bill in a bid
to streamline it and make it easier for companies and other groups to
comply."
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36843&title=%E2%80%9CSenate%20Dems%20offer%20new%20version%20of%20DISC
LOSE%20Act%20to%20fight%20Citizens%20United%20ruling%E2%80%9D&description=>
Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
What <http://electionlawblog.org/?p=36840> 's the Point?
Posted on <http://electionlawblog.org/?p=36840> July 12, 2012 7:49 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Michigan State Supreme Court
<http://sbmblog.typepad.com/sbm-blog/2012/07/what-the-supreme-court-wants-to
-know-in-the-emergency-manager-referendum-case.html> wants to delve into the
meaning of "point" and "typeface" in deciding whether to kick referendum
<http://sbmblog.typepad.com/files/stand-up.pdf> off ballot for using
slightly smaller typeface in heading than prescribed 14 point type.
Looks like a good case to resolve with The Democracy Canon
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1344476> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36840&title=What%E2%80%99s%20the%20Point%3F&description=> Share
Posted in direct democracy <http://electionlawblog.org/?cat=62> , petition
signature gathering <http://electionlawblog.org/?cat=39> , statutory
interpretation <http://electionlawblog.org/?cat=21> | Comments Off
<http://electionlawblog.org/?p=36837> "Justice Run Amok: Big Money,
Partisanship, and State Judiciaries"
Posted on <http://electionlawblog.org/?p=36837> July 12, 2012 7:44 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Elizabeth K. Lamphier has written this student note
<http://msulawreview.org/wp-content/uploads/2012/07/2011-4_Lamphier.pdf> for
the Michigan State Law Review.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36837&title=%E2%80%9CJustice%20Run%20Amok%3A%20Big%20Money%2C%20Partis
anship%2C%20and%20State%20Judiciaries%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> , judicial
elections <http://electionlawblog.org/?cat=19> | Comments Off
<http://electionlawblog.org/?p=36835> "Tandem press briefings"
Posted on <http://electionlawblog.org/?p=36835> July 12, 2012 7:42 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Politico
<http://www.politico.com/politico44/2012/07/the-tricky-legal-line-between-go
verning-and-campaigning-128701.html> : "President Barack Obama's White House
is taking a new approach to straddling the tricky legal line between
governing and campaigning: the tandem press briefing. Starting last week,
Obama for America traveling press secretary Jen Psaki joined
<http://www.politico.com/politico44/2012/07/obamas-new-spokesteam-128089.htm
l> White House Press Secretary Jay Carney when he was briefing reporters
aboard Air Force One during Obama political trips. So far, there have been
three such off-camera gaggles, as the press and White House call them.
(Transcripts here,
<http://www.whitehouse.gov/the-press-office/2012/07/05/press-gaggle-press-se
cretary-jay-carney-en-route-ohio-7512> here
<http://www.whitehouse.gov/the-press-office/2012/07/06/press-gaggle-press-se
cretary-jay-carney-aboard-air-force-one-7612> and here
<http://www.whitehouse.gov/the-press-office/2012/07/10/press-gaggle-press-se
cretary-jay-carney-en-route-cedar-rapids-ia-71012> .) The White House says
the arrangement helps comply with a federal law known as the Hatch Act,
which prohibits use of taxpayer resources for political purposes and bans
staffers from using their official posts to advance the president's
reelection prospects. Obama aides say the tandem briefings help keep the hot
side hot and the cold side cold, as it were, but not everyone is a fan of
the practice."
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36835&title=%E2%80%9CTandem%20press%20briefings%E2%80%9D&description=>
Share
Posted in conflict of interest laws <http://electionlawblog.org/?cat=20> |
Comments Off
<http://electionlawblog.org/?p=36833> "No ID? Initiative sees Limited
Response"
Posted on <http://electionlawblog.org/?p=36833> July 12, 2012 7:40 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Press release <http://www.sos.ms.gov/news_press_release.aspx?id=416> :
"Jackson, MS-The Secretary of State's Office's outreach initiative offering
assistance to individuals with no acceptable forms of photo voter
identification has received limited response in its first two weeks. 'We
have inundated the State with outreach initiatives requesting these
individuals contact our Office," says Secretary of State Delbert Hosemann.
"So far, only seventy-five (75) individuals have contacted our Office, and
of those seventy-five (75), only thirty-five (35) had no form of
identification.'"
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36833&title=%E2%80%9CNo%20ID%3F%20Initiative%20sees%20Limited%20Respon
se%E2%80%9D&description=> Share
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
Average Vote Time of One Hour in Polling Place of 1,588 Voters?
<http://electionlawblog.org/?p=36831>
Posted on <http://electionlawblog.org/?p=36831> July 12, 2012 7:37 am by
Rick Hasen <http://electionlawblog.org/?author=3>
We can do better
<http://www.pewstates.org/research/analysis/waiting-to-vote-in-combined-lock
s-wisconsin-85899404700> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D36831&title=Average%20Vote%20Time%20of%20One%20Hour%20in%20Polling%20P
lace%20of%201%2C588%20Voters%3F&description=> Share
Posted in election administration <http://electionlawblog.org/?cat=18> |
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
Pre-order The Voting Wars: http://amzn.to/y22ZTv
www.thevotingwars.com
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