[EL] ELB News and Commentary 6/20/12
Rick Hasen
rhasen at law.uci.edu
Wed Jun 20 07:30:45 PDT 2012
"Birther On The Bench! Gary Kreep Takes California Judgeship"
<http://electionlawblog.org/?p=35928>
Posted on June 20, 2012 7:28 am <http://electionlawblog.org/?p=35928> by
Rick Hasen <http://electionlawblog.org/?author=3>
Woah
<http://tpmmuckraker.talkingpointsmemo.com/2012/06/gary_kreep_birther_garland_peed_san_diego_court.php>.
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Posted in judicial elections <http://electionlawblog.org/?cat=19> |
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"Mitch McConnell Vs. Himself on Disclosure Issues"
<http://electionlawblog.org/?p=35925>
Posted on June 20, 2012 7:26 am <http://electionlawblog.org/?p=35925> by
Rick Hasen <http://electionlawblog.org/?author=3>
Norm Ornstein
<http://www.rollcall.com/issues/57_154/Mitch-McConnell-Vs-Himself-on-Disclosure-Issues-215491-1.html?pos=hbtxt>:
"'I think you'd have to go back to Richard Nixon to find the last time
you had group of people both through the campaign and through the power
of the federal government really trying to harass and silence critics,
and I think they need to be called on it.' That was Senate Minority
Leader Mitch McConnell (R-Ky.) talking to Fox News in his renewed public
campaign against disclosure of contributors to campaigns and to groups
trying to influence lawmakers and elections. It was startling to me: the
Nixonian McConnell accusing proponents of transparency of Nixonian
behavior. This may set a new standard for chutzpah."
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Senate Democrats Eye DISCLOSE Act Again"
<http://electionlawblog.org/?p=35923>
Posted on June 20, 2012 7:24 am <http://electionlawblog.org/?p=35923> by
Rick Hasen <http://electionlawblog.org/?author=3>
Roll Call
<http://www.rollcall.com/issues/57_154/Senate-Democrats-Eye-DISCLOSE-Act-Again-215499-1.html?pos=hbtxt>:
"'We're going to move on the DISCLOSE Act anyway,' the Nevada Democrat
said when asked whether the Supreme Court's actions in the Montana case
would affect the Senate strategy on the issue. Privately, leadership
aides have suggested the actual chances of the Senate taking up the bill
aren't clear. The Senate still has a lot of work left to do, from
appropriations bills to cybersecurity legislation and a slate of judges
--- all of which are a higher priority than the campaign finance measure."
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Explainer: How big money flows into politics"
<http://electionlawblog.org/?p=35921>
Posted on June 20, 2012 7:22 am <http://electionlawblog.org/?p=35921> by
Rick Hasen <http://electionlawblog.org/?author=3>
CBS News reports
<http://www.cbsnews.com/8301-503544_162-57456466-503544/explainer-how-big-money-flows-into-politics/>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Dems won't let go of jackabramoff.com"
<http://electionlawblog.org/?p=35918>
Posted on June 19, 2012 8:18 pm <http://electionlawblog.org/?p=35918> by
Rick Hasen <http://electionlawblog.org/?author=3>
Interesting
<http://www.politico.com/news/stories/0612/77603.html#.T-FASZdCpzM.twitter>cyber-dispute.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
Obama Campaign Fundraising Off "Real Truth About Obama" 4th Circuit
Decision <http://electionlawblog.org/?p=35916>
Posted on June 19, 2012 8:17 pm <http://electionlawblog.org/?p=35916> by
Rick Hasen <http://electionlawblog.org/?author=3>
See here
<http://www.politico.com/blogs/burns-haberman/2012/06/obama-campaign-takes-fresh-aim-at-crossroads-126706.html>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Pro-Romney Super PAC launches new ad wave"
<http://electionlawblog.org/?p=35914>
Posted on June 19, 2012 8:16 pm <http://electionlawblog.org/?p=35914> by
Rick Hasen <http://electionlawblog.org/?author=3>
Reuters reports
<http://www.reuters.com/article/2012/06/19/us-usa-campaign-spending-idUSBRE85I1FW20120619?feedType=RSS&feedName=politicsNews&utm_source=dlvr.it&utm_medium=twitter&dlvrit=574655>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"IRS Revokes 501(c)(4) Status of Entity That Benefits 'Political
Figure' Founder" <http://electionlawblog.org/?p=35911>
Posted on June 19, 2012 8:12 pm <http://electionlawblog.org/?p=35911> by
Rick Hasen <http://electionlawblog.org/?author=3>
Bloomberg BNA
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=27128442&vname=mpebulallissues&jd=a0d3f8c8t8&split=0>:
"The Internal Revenue Service has revoked the tax-exempt status of a tax
code Section 501(c)(4) organization after determining that its purpose
was to advance the private interests of its founder, 'a political
figure' who ran for office in 2004 and 2010. The determination was
revealed in Private Letter Ruling PLR 201224034 released by the IRS June
15. The name of the organization and its founder was not revealed, as is
customary when the IRS releases such rulings."
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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
"County Elections Board Votes To Pursue Voter ID Lawsuit"
<http://electionlawblog.org/?p=35908>
Posted on June 19, 2012 8:08 pm <http://electionlawblog.org/?p=35908> by
Rick Hasen <http://electionlawblog.org/?author=3>
CBS
<http://pittsburgh.cbslocal.com/2012/06/19/county-elections-board-votes-to-pursue-voter-id-lawsuit/>:
"PITTSBURGH (KDKA) --- By a 2-to-1 partisan vote, the Allegheny County
Board of Elections authorized the county solicitor to file a lawsuit to
stop the state's new voter photo identification law."
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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 Right Plays the "Intimidation and Harassment" Card Against the
IRS <http://electionlawblog.org/?p=35905>
Posted on June 19, 2012 4:49 pm <http://electionlawblog.org/?p=35905> by
Rick Hasen <http://electionlawblog.org/?author=3>
Eliza reports
<http://www.rollcall.com/issues/57_154/GOP-Rips-IRS-for-Donor-Request-215504-1.html>.
It is the IRS's job to make sure that organizations are not abusing the
501c4 organizational form. Let's stop the unsupported hysterics.
<http://www.politico.com/news/stories/0512/76919.html>
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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
Reform Groups Urge Passage of Sen. Udall Bill to Fix Presidential
Public Financing System <http://electionlawblog.org/?p=35902>
Posted on June 19, 2012 4:27 pm <http://electionlawblog.org/?p=35902> by
Rick Hasen <http://electionlawblog.org/?author=3>
Read it here
<http://www.democracy21.org/vertical/sites/%7B3D66FAFE-2697-446F-BB39-85FBBBA57812%7D/uploads/Letter_from_Reform_Groups_to_Senators_Supporting_Senator_Mark_Udalls_Bill_to_Repair_Presidential_Public_Financing_System.pdf>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Letter from the Publisher: The Democratic Process"
<http://electionlawblog.org/?p=35899>
Posted on June 19, 2012 4:24 pm <http://electionlawblog.org/?p=35899> by
Rick Hasen <http://electionlawblog.org/?author=3>
ABA
<http://www.americanbar.org/publications_cle/books/excerpts/democratic_process.html?sc_sid=30066855&sc_cid=30281&sc_lid=http%3a%2f%2fwww.americanbar.org%2fpublications_cle%2fbooks%2fexcerpts%2fdemocratic_process.html&sc_jid=314143>:
The Democratic Process
Letter from the Publisher
Dear Colleagues:
The upcoming November elections have spread the polity's attention
from Washington to the rest of the country as Republican candidates
seeking nomination to oppose President Barack Obama in November have
vied in primaries and caucuses throughout the spring. Overseas,
recent controversies over elections in Russia and Egypt highlight
the tenuous grasp of voting rights in much of the world.
The new edition of /America Votes!
<http://apps.americanbar.org/abastore/index.cfm?section=main&fm=Product.AddToCart&pid=5330220>,
/edited by Benjamin E. Griffith, is an invaluable guide for
professionals working in the arena of voting rights. It provides a
snapshot of current election law, voting rights, and hot-button
electoral practices and problems, particularly in the wake of the
2010 census. Each chapter blends theory and practice, covering a
range of topics including voting technology, voter identification
and registration, minority-language voting rights, ballot access for
candidates, electoral college reform, and the myriad issues
surrounding redistricting. The book is an essential resource for
lawyers as well as law school professors, election officials, state
and local government personnel involved in election administration,
election workers, and poll workers. ABA Publishing is proud to bring
together the thinking of an esteemed group of expert practitioners
and academics for the second edition of /America Votes!/
Closely related are the recent supplement to the fourth edition of
/The Lobbying Manual /and the second edition of /The Realist's Guide
to Redistricting: Avoiding the Legal Pitfalls/. The/Lobbying Manual
<http://apps.americanbar.org/abastore/index.cfm?section=main&fm=Product.AddToCart&pid=5010070>/
supplement, edited by William V. Luneburg, Thomas M. Susman, and
Rebecca H. Gordon, comes with dozens of real-world examples and
guides the practitioner through the tangle of federal laws and
regulations that pertain to lobbying. The 2011 supplement provides
guidance to the Lobbying Disclosure Act issued by the Secretary of
the Senate and the Clerk of the House of Representatives from June
2009 to June 2011; the various Obama administration initiatives
addressing registered lobbyists; the D.C. Circuit opinion in
/National Association of Manufacturers v. Taylor/; and a variety of
other clarifications and coverage of important recent developments.
/The Realist's Guide to Redistricting
<http://apps.americanbar.org/abastore/index.cfm?section=main&fm=Product.AddToCart&pid=5010064>
/by J. Gerald Hebert et al. is a practical handbook written by
seasoned experts in this arcane field. Practitioners, legislators,
and citizens who seek to understand the complex mechanisms that
determine the composition of the districts that elect our
representatives will find the /Guide/ an invaluable manual. Because
of deep divisions in the U.S. Supreme Court and a lack of consensus
among the lower courts about how to balance race, party, and
politics, redistricting law has been an area of particularly dynamic
action over the past 30 years. Fluidity among customs and opinions
from state to state and between state and federal jurisdictions make
replication of standards and practices across jurisdictions
difficult. Further, balancing the various laws constraining
redistricting within a single jurisdiction---i.e., "one-person,
one-vote," the Voting Rights Act, or the /Shaw/ doctrine---can prove
challenging. /The Realist's Guide/ outlines the fundamentals of
redistricting law and identifies the conflicts that make the process
so complicated.
Bryan Kay Signature
Bryan Kay
Publisher
ABA Publishing
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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
"Forty Years After Watergate; The Decades-Long Fight Against
Political Money" <http://electionlawblog.org/?p=35897>
Posted on June 19, 2012 4:22 pm <http://electionlawblog.org/?p=35897> by
Rick Hasen <http://electionlawblog.org/?author=3>
Pam Karlan
<http://www.bostonreview.net/BR37.4/pamela_s_karlan_watergate_campaign_finance_elections.php>
in the /Boston Review/: "However, money is only one symptom of a deeper
political pathology. We hear a flood of stories and arguments about
campaign finance, but relatively little serious popular attention is
paid to gerrymandering, restrictive registration requirements, and
electoral administration. Even less concern is given to the absence of
any real civics education in this era of high-stakes testing and
underfunded public schools."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
redistricting <http://electionlawblog.org/?cat=6> | Comments Off
"Obama's Lawyer Demands Information on Group's Donors"
<http://electionlawblog.org/?p=35893>
Posted on June 19, 2012 4:15 pm <http://electionlawblog.org/?p=35893> by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT's The Caucus
<http://thecaucus.blogs.nytimes.com/2012/06/19/obamas-lawyer-demands-information-on-groups-donors/?smid=tw-thecaucus&seid=auto>:
"The lawyer for President Obama
<http://topics.nytimes.com/top/reference/timestopics/people/o/barack_obama/index.html?8qa>
demanded on Tuesday that Crossroads GPS <http://www.crossroadsgps.org/>
disclose its donors, saying in a complaint to the Federal Election
Commission that the group is plainly a 'political committee' subject to
federal reporting requirements. In the complaint
<http://www.documentcloud.org/documents/370370-obama-lawyers-letter-to-crossroads.html>,
obtained by The New York Times, Robert F. Bauer, the campaign's chief
counsel, writes that the group --- founded by Karl Rove, among others
--- can no longer shield the identity of its donors by defining itself
as a 'social welfare' organization. 'Crossroads seems to believe that it
can run out the clock and spend massive sums of money in this election
without accounting for a trace of its funding,' Mr. Bauer wrote in the
complaint, filed Tuesday. 'Now, a federal appellate court has issued a
ruling that makes clear that Crossroads is out of time.' The case Mr.
Bauer cites is 'Real Truth About Obama v. FEC,' in which the United
States Court of Appeals for the Fourth Circuit ruled that the government
must determine the 'major purpose' of groups like Crossroads."
Huffington Post:
<http://www.huffingtonpost.com/2012/06/19/obama-crossroads-gps-complaint-_n_1610206.html>"'We're
generally skeptical of complaint letters sent to /The New York Times/
--- and that we're cc'd on,' Crossroads GPS spokesman Jonathan Collegio
said in an email. 'The big question is whether Bauer sent a similar
letter to Priorities USA --- a group modeled after Crossroads GPS to
support President Obama's policies.'"
From my post <http://electionlawblog.org/?p=35602>on the Real Truth
case
<http://www.campaignlegalcenter.org/attachments/Opinion_6-12-2012.pdf>
last week: "With this 4th Circuit opinion, I now expect campaign reform
groups and/or Democrats to file complaints against Crossroads GPS,
claiming its major purpose is to elect Republican candidates to federal
office and that it is violating the law by not registering as a
political committee."
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Big-name Florida felon's mailbox surprise: a new voter card"
<http://electionlawblog.org/?p=35889>
Posted on June 19, 2012 11:45 am <http://electionlawblog.org/?p=35889>
by Rick Hasen <http://electionlawblog.org/?author=3>
News from Florida
<http://www.bizpacreview.com/index.cfm?fuseaction=news.details&ArticleId=742075&returnTo=jack-furnari-2>
(via Dan Smith
<https://twitter.com/electionsmith/status/215150980063436802>).
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Posted in alternative voting systems
<http://electionlawblog.org/?cat=63>, election administration
<http://electionlawblog.org/?cat=18>, felon voting
<http://electionlawblog.org/?cat=66> | Comments Off
Guest Blogging Schedule June 22-July 3
<http://electionlawblog.org/?p=35886>
Posted on June 19, 2012 11:40 am <http://electionlawblog.org/?p=35886>
by Rick Hasen <http://electionlawblog.org/?author=3>
Over the next few weeks, I'm speaking at the University of Siena
<http://www.unisi.it/internet/home_en.html>, the UK Electoral Commission
<http://www.electoralcommission.org.uk/>and to the H.S. Chapman Society
<http://www.hschapman.org.uk/html/future_programme.html> (at the British
Parliament) (this last talk will be the first stop on my book tour
<http://thevotingwars.com/book-tour/> for /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>).
While I'm gone the blog will be in excellent hands, with Dan Tokaji
<http://moritzlaw.osu.edu/electionlaw/faculty/tokaji.php> guest blogging
from June 22 to June 27, and Justin Levitt
<http://www.lls.edu/academics/faculty/levitt.html> guest blogging from
June 28 to July 3.
Assuming I have Internet access, I hope to weigh in occasionally on
end-of-the-term Supreme Court action, especially on the Montana case if
it comes <http://electionlawblog.org/?p=35776>.
I'll be back July 4.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
"Super PAC targets incumbents of any stripe"
<http://electionlawblog.org/?p=35883>
Posted on June 19, 2012 11:20 am <http://electionlawblog.org/?p=35883>
by Rick Hasen <http://electionlawblog.org/?author=3>
Fascinating
<http://www.washingtonpost.com/politics/super-pac-targets-incumbents-of-any-stripe/2012/06/18/gJQA84tAmV_story.html>WaPo
report.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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Quote of the Day <http://electionlawblog.org/?p=35879>
Posted on June 19, 2012 11:06 am <http://electionlawblog.org/?p=35879>
by Rick Hasen <http://electionlawblog.org/?author=3>
"Many reporters have missed the real story here --- the [White House] is
actually pleased with how the FEC is performing."
--Former FEC Chair Michael Toner
<https://twitter.com/michaeletoner/status/215142522429767680>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
election commission <http://electionlawblog.org/?cat=24> | Comments Off
Former FL Secretary of State Browning Wouldn't Conduct Voter Purge
Because of "Spidey Sense" <http://electionlawblog.org/?p=35876>
Posted on June 19, 2012 10:56 am <http://electionlawblog.org/?p=35876>
by Rick Hasen <http://electionlawblog.org/?author=3>
Miami Herald
<http://www.miamiherald.com/2012/06/13/2847062_p2/floridas-noncitizen-voter-purge.html>:
Browning refused to release the list.
"I consciously decided not to get them in the loop," Browning said.
"I didn't feel comfortable rolling this initiative out. Something
was telling me this isn't going to fly. We didn't have our I's
dotted and T's crossed when I was there."
Browning called it his "Spidey sense," and said he was not just
concerned with the numbers, but how they were obtained. His agency
wasn't doing the checking. Instead, it shipped names to highway
safety, which performed the checks.
"We were not getting first-hand data," he said. "I wanted to make we
are 99.9 percent certain. I wanted to make sure the data was good if
it went out under my name."
Browning said there's a good chance the names would never have been
released. It wasn't a "front-burner issue. Rick Scott didn't order
me to do this."
All of that appeared to change by coincidence in February.
Browning was leaving office. At the same time, a local television
reporter at NBC2 in Fort Myers decided to match Lee County voter
rolls with a list of people who were excused from jury service after
they said they were noncitizens. NBC2 reported finding nearly 100
noncitizens on the rolls. The local elections supervisor has found
more than 40.
(h/t Brennan Center
<https://twitter.com/NYULawElections/status/215139439440183296>)
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
Dept. of the Unhelpful <http://electionlawblog.org/?p=35873>
Posted on June 19, 2012 10:48 am <http://electionlawblog.org/?p=35873>
by Rick Hasen <http://electionlawblog.org/?author=3>
March to indict
<http://www.ourfuture.org/files/documents/Karl-Rove-Wanted-99-poster-final.pdf>Karl
Rove. Really? Don't people on the left see that ridiculous stunts like
this play into arguments
<http://www.politico.com/news/stories/0512/76919.html>that the right is
facing intimidation and harassment?
Many people dislike Karl Rove. But to casually urge (even for purposes
of hyperbole) criminal prosecution because of his political activities
is wrongheaded and indefensible.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
New Lawsuit Against the Florida Voter Purge
<http://electionlawblog.org/?p=35870>
Posted on June 19, 2012 10:36 am <http://electionlawblog.org/?p=35870>
by Rick Hasen <http://electionlawblog.org/?author=3>
Here'sthe complaint
<http://latinojustice.org/civil_rights/voter_purge_complaint.pdf> andthe
press release
<http://latinojustice.org/briefing_room/press_releases/Voting_Rights_Organizations_Send_Notice_to_Florida_Stop_Purging_Voters/>.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
NVRA (motor voter) <http://electionlawblog.org/?cat=33>, The Voting Wars
<http://electionlawblog.org/?cat=60>, voter registration
<http://electionlawblog.org/?cat=37> | Comments Off
"Supreme Court upholds traditional candidate filing procedure"
<http://electionlawblog.org/?p=35867>
Posted on June 19, 2012 10:20 am <http://electionlawblog.org/?p=35867>
by Rick Hasen <http://electionlawblog.org/?author=3>
STLToday
<http://www.stltoday.com/news/local/govt-and-politics/supreme-court-upholds-traditional-candidate-filing-procedure/article_6851e7c6-ba2c-11e1-afcc-0019bb30f31a.html>:
"The Missouri Supreme Court today ruled
<http://www.courts.mo.gov/file.jsp?id=54885> that candidates for state
legislative seats in redistricting years don't have to live in the
newly-redrawn districts. In unanimous rulings, the high court said two
St. Louis area candidates whose qualifications were challenged can be on
the Aug. 7 primary ballot after all."
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Posted in campaigns <http://electionlawblog.org/?cat=59>, redistricting
<http://electionlawblog.org/?cat=6>, residency
<http://electionlawblog.org/?cat=38> | 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
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