[EL] ELB News and Commentary 11/4/12
Rick Hasen
rhasen at law.uci.edu
Sun Nov 4 10:04:41 PST 2012
"Behind the voting wars, a clash of philosophies"
<http://electionlawblog.org/?p=43289>
Posted on November 4, 2012 10:02 am
<http://electionlawblog.org/?p=43289> by Rick Hasen
<http://electionlawblog.org/?author=3>
I have written this cover piece
<http://www.sacbee.com/2012/11/03/4958430/republicans-have-pursued-election.html>
for the /Sacramento Bee'/s Sunday Forum section. It begins:
On Tuesday, voters will go to the polls in what is expected to be a
nail-bitingly close presidential election. Indeed, we may wake up
Wednesday morning, as voters did in 2000 and 2004, not knowing who
won. If we are extremely unlucky, the election will be so close that
it will go to a recount and possibly to the courts. The state whose
votes are pivotal to the election outcome -- Ohio, Florida, who
knows? -- will see its election process go under a microscope with
full dissection in real time over Twitter and Facebook. It would get
very ugly very quickly.
If the election comes down to the wire in this way, and if Mitt
Romney <http://topics.sacbee.com/Mitt+Romney/> ekes out a win, then
a series of election changes and administrative actions pursued by
Republican legislatures and election officials, as well as
challenges pursued by tea party activists, may prove to have given
him the winning margin. While crass political calculation is part of
the explanation for Republican pursuit of these tough new voting
rules, there is also a deeper philosophical divide between
Republicans and Democrats over the nature of voting and democracy, a
divide that the most recent skirmishes in the voting wars have laid
bare.
Another snippet:
Whether or not Republicans are genuinely concerned about voter fraud
<http://topics.sacbee.com/voter+fraud/> -- and if they were, the
first thing they should do is get rid of absentee ballots,
<http://topics.sacbee.com/absentee+ballots/> which would eliminate
the lion's share ofvoter fraud
<http://topics.sacbee.com/voter+fraud/> issues -- a voter fraud
<http://topics.sacbee.com/voter+fraud/> rationale cannot explain
recent Republican cutbacks on early voting.
In Ohio, Doug Preisse, chair of the Franklin County Republican Party
and elections board member, offered the Columbus Dispatch a
different explanation for his vote against extended weekend early
voting: "I guess I really actually feel we shouldn't contort the
voting process to accommodate the urban -- read African American --
voter-turnout machine. ... Let's be fair and reasonable."
But Republican cutbacks on voting go beyond the naked political
calculation to a philosophical divide with Democrats over the nature
of voting and elections. To many Republicans, voting is an exercise
in choosing the best candidate. Under that philosophy, it makes
sense to make voting harder to weed out those who might care less,
or be less tied to the community, or be less educated or intelligent.
And:
The Democrats' philosophy about voting and elections could not be more
different. Democrats tend to see elections as about the allocation of
power among political equals, and it is not the state's job to decide
who is smart enough or motivated enough to vote. Indeed, Democrats'
concerns about these new Republican laws is not really that they
literally will disenfranchise many voters; it is that by adding
additional effort to the requirements to cast a ballot, these new
Republican restrictions will deter casual voters from bothering to take
the steps necessary to cast a ballot that will count.
As with Republicans, the Democrats' philosophy on voting neatly ties
in with the party's self-interest. These casual voters are going to
be more likely to vote Democratic. Thus, proclaiming a high-minded
commitment to universal enfranchisement also is good for Democratic
candidates. It is no surprise that states which have adopted
Election Day registration -- as California recently did for future
elections -- tend to be states with Democratic-dominated
legislatures. Nor have Democrats shown any interest in removing
noncitizens from the rolls in the off-season, although noncitizen
voting remains a real, if small, problem.
The latest skirmishes in the voting wars have laid bare the
underlying voting philosophies of the two major parties, and the
connection of those philosophies to each party's self- interest.
This is a fight that's taken place at the margin, in technical
changes to voting rules. Perhaps these changes will have no effect
at all on the identity of the next president. Or perhaps they will
be the difference between four more years of Barack Obama and a new
presidency under Mitt Romney.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
"Democrats, Republicans lawyer-up for US election"
<http://electionlawblog.org/?p=43286>
Posted on November 4, 2012 9:53 am <http://electionlawblog.org/?p=43286>
by Rick Hasen <http://electionlawblog.org/?author=3>
AFP reports.
<http://www.citizen.co.za/citizen/content/en/citizen/world-news?oid=343723&sn=Detail&pid=40&Democrats--Republicans-lawyer-up-for-US-election>
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"Al Benn's Alabama: One person, seven votes? Chilton County voting
is different" <http://electionlawblog.org/?p=43283>
Posted on November 4, 2012 9:50 am <http://electionlawblog.org/?p=43283>
by Rick Hasen <http://electionlawblog.org/?author=3>
Cumulative voting
<http://www.montgomeryadvertiser.com/article/20121104/NEWS02/311040019/Al-Benn-s-Alabama-One-person-seven-votes-Chilton-County-voting-different>
in Alabama.
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Posted in alternative voting systems
<http://electionlawblog.org/?cat=63> | Comments Off
"Voting by Email in New Jersey" <http://electionlawblog.org/?p=43280>
Posted on November 4, 2012 9:43 am <http://electionlawblog.org/?p=43280>
by Rick Hasen <http://electionlawblog.org/?author=3>
Computer security analyst: <http://www.crypto.com/blog/njvoting/> "I
hope all goes well."
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Posted in election administration <http://electionlawblog.org/?cat=18> |
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"Mail-in ballots: the hanging chads of 2012?"
<http://electionlawblog.org/?p=43277>
Posted on November 4, 2012 9:14 am <http://electionlawblog.org/?p=43277>
by Rick Hasen <http://electionlawblog.org/?author=3>
Reuters reports
<http://www.reuters.com/article/2012/11/04/us-usa-campaign-mailin-idUSBRE8A308I20121104?feedType=RSS&feedName=politicsNews&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Reuters%2FPoliticsNews+%28Reuters+Politics+News%29>.
So processing mail-in ballots are trying to dethrone processing
provisional ballots as the worse feature of the current election system?
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Posted in absentee ballots <http://electionlawblog.org/?cat=53>,
election administration <http://electionlawblog.org/?cat=18> | Comments Off
"Ohio's Provisional Ballot Order: The Biggest Legal Story of the
Weekend" <http://electionlawblog.org/?p=43274>
Posted on November 3, 2012 10:05 pm
<http://electionlawblog.org/?p=43274> by Rick Hasen
<http://electionlawblog.org/?author=3>
Andrew Cohen writes
<http://www.theatlantic.com/politics/archive/2012/11/ohios-provisional-ballot-order-the-biggest-legal-story-of-the-weekend/264498/>
at /The Atlantic./
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Posted in election administration <http://electionlawblog.org/?cat=18>,
provisional ballots <http://electionlawblog.org/?cat=67>, The Voting
Wars <http://electionlawblog.org/?cat=60> | Comments Off
Diane Rehm Show <http://electionlawblog.org/?p=43271>
Posted on November 3, 2012 9:47 pm <http://electionlawblog.org/?p=43271>
by Rick Hasen <http://electionlawblog.org/?author=3>
Scheduled to be on Diane Rehm Monday
<http://thedianerehmshow.org/shows/2012-11-05/casting-your-vote-2012> at
10 am Eastern talking about election and voting issues before Tuesday.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
"In Ohio, a Study in Contrasts as 2 Campaigns Get Out Vote"
<http://electionlawblog.org/?p=43268>
Posted on November 3, 2012 9:42 pm <http://electionlawblog.org/?p=43268>
by Rick Hasen <http://electionlawblog.org/?author=3>
Extensive NYT report.
<http://www.nytimes.com/2012/11/04/us/politics/in-ohio-2-campaigns-offer-a-study-in-contrasts.html>
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Posted in campaigns <http://electionlawblog.org/?cat=59> | Comments Off
"Minorities Donating Little to Presidential Races"
<http://electionlawblog.org/?p=43265>
Posted on November 3, 2012 9:38 pm <http://electionlawblog.org/?p=43265>
by Rick Hasen <http://electionlawblog.org/?author=3>
AP:
<http://www.nytimes.com/aponline/2012/11/03/us/politics/ap-us-campaign-minority-contributions.html?ref=politics> " Americans
living in predominantly wealthy, white neighborhoods account for nearly
all the sizable campaign contributions in this year's presidential
election, according to an Associated Press analysis, even as the
presidential candidates have aggressively courted Hispanics. Latino
voters are widely viewed as pivotal for victories in some battleground
states Tuesday."
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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How Does OH Early Voting Stack Up to 2008 Totals?
<http://electionlawblog.org/?p=43262>
Posted on November 3, 2012 9:33 pm <http://electionlawblog.org/?p=43262>
by Rick Hasen <http://electionlawblog.org/?author=3>
WaPo
<http://www.washingtonpost.com/politics/decision2012/ohioans-line-up-for-early-voting-in-the-battleground-state/2012/11/03/166be598-25e7-11e2-9313-3c7f59038d93_story.html>:
Four years ago, early voting was a option for each of the five
weekends during the voting period. This year that was reduced to
one. Some Ohio election boards, particularly in urban counties, have
been reporting that fewer people have so far taken advantage of the
in-person early-vote option this year, when polls until now have
been open only on workdays.
But the Ohio secretary of state's office said Saturday that,
statewide, 1.6 million people had voted by mail or in person as of
Friday, a figure that puts the state on track to top 2008 early-vote
tallies.
In Cuyahoga, 36,578 had voted as of Friday; in 2008, that number was
54,340. In 2008, there were nine additional early voting days here,
and 9,933 people voted on those days.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
voting <http://electionlawblog.org/?cat=31> | Comments Off
"Ross Miller Comments on Voter Fraud and Voting Machines"
<http://electionlawblog.org/?p=43258>
Posted on November 3, 2012 8:21 pm <http://electionlawblog.org/?p=43258>
by Rick Hasen <http://electionlawblog.org/?author=3>
News from Nevada.
<http://www.8newsnow.com/story/19995558/ross-miller-comments-on-voter-fraud-and-voting-machines>
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>, voting technology
<http://electionlawblog.org/?cat=40> | Comments Off
"Upholding Democracy, Ballot by Ballot"
<http://electionlawblog.org/?p=43255>
Posted on November 3, 2012 8:19 pm <http://electionlawblog.org/?p=43255>
by Rick Hasen <http://electionlawblog.org/?author=3>
Important NYT editorial
<http://www.nytimes.com/2012/11/04/opinion/sunday/voting-rights-upholding-democracy.html?hp&_r=0>
on the 2012 voting wars.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
Press Release on Another Ohio voting battle
<http://electionlawblog.org/?p=43252>
Posted on November 3, 2012 8:17 pm <http://electionlawblog.org/?p=43252>
by Rick Hasen <http://electionlawblog.org/?author=3>
Via email:
MEDIA ALERT
8 p.m. Nov. 3, 2012
Contact: Norman Robbins, Research Director, Northeast Ohio Voter
Advocates
e-mail: nxr at case.edu <mailto:nxr at case.edu>; telephone 216-767-1525
or (2^nd choice) 216-632-9556
THOUSANDS OF OHIO VOTERS LIKELY TO BE DISENFRANCHISED BECAUSE
SECRETARY OF STATE HUSTED FAILS TO CORRECT INADEQUATE DATA BASE
SEARCHES
Beginning Tuesday October 30, Sec. of State Husted was informed by
us that Cuyahoga County had reviewed its applications for absentee
ballots that had been rejected for being "not registered" and had
found it had missed 865 voters (The County immediately corrected
this error and later found still more). Also, in a sample of
similar rejections from Franklin County, we had found that 38% were
apparently mistakenly called "not registered". Therefore, we
implored the Secretary to require a more effective search strategy
to prevent such mistakes in all counties, but there was never a
direct response. Instead, on Wednesday night, the Secretary's office
sent a bulletin to all counties proposing an inadequate search
(which we pointed out to him). As a result we believe thousands of
voters statewide have been incorrectly informed that they "are not
registered voters" (but told they "could" vote a provisional
ballot). Such voters are likely to be discouraged from voting at
all. The deadline has passed to send these voters absentee ballots.
Therefore, there needs to be an immediate and broad public
announcement that all voters who have been officially informed that
they are "not registered" and who believe they truly are registered,
should definitely vote a provisional ballot so that their votes
might be counted when better searches are done on their provisional
ballots.
Worse yet, Sec. Husted last night released a Directive with a
proposed search method for Boards of Elections to verify
registration status on provisional ballots. In 2008, 18,860 of these
were rejected as "not registered". Yet Sec. Husted's latest
recommendations for search are entirely inadequate, likely to miss
thousands of voters because of mis-spelling of names, variation in
form of ID, failure to use all available tools for a reasonable
search and other reasons (Details at www.nova-ohio.org). Once again,
our warnings and suggestions, sent this morning, have gone
unanswered. Unless this inadequacy is corrected, several thousand
provisional ballots could be wrongfully rejected as "not
registered". If the election is close, this could be a source of
endless legal battles. Once again, Cuyahoga County sets a model of
best practices, because it will have poll workers record date of
birth and address -- powerful search items -- for all provisional
ballot voters.
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Posted in absentee ballots <http://electionlawblog.org/?cat=53>,
election administration <http://electionlawblog.org/?cat=18>, The Voting
Wars <http://electionlawblog.org/?cat=60> | Comments Off
"Ohio provisional ballot voting order criticized"
<http://electionlawblog.org/?p=43249>
Posted on November 3, 2012 8:10 pm <http://electionlawblog.org/?p=43249>
by Rick Hasen <http://electionlawblog.org/?author=3>
AP:
<http://www.timesunion.com/news/article/Ohio-provisional-ballot-voting-order-criticized-4005729.php#ixzz2BBo6XSFC> "Voter
advocates on Saturday criticized an order by Ohio's elections chief
dealing with the casting of provisional ballots, saying it increases the
likelihood that votes could be wrongly rejected...They want the matter
clarified by federal judge Algenon Marbley
<http://www.timesunion.com/?controllerName=search&action=search&channel=news&search=1&inlineLink=1&query=%22Algenon+Marbley%22>,
who gave Husted until Monday to respond."
More from the /Columbus Dispatch
<http://dispatchpolitics.dispatch.com/content/blogs/the-daily-briefing/2012/11/3-november-2012---emergency-court-motion.html>./
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Posted in election administration <http://electionlawblog.org/?cat=18>,
provisional ballots <http://electionlawblog.org/?cat=67>, The Voting
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"New Jersey to Allow Voting by Email, Fax"
<http://electionlawblog.org/?p=43247>
Posted on November 3, 2012 8:07 pm <http://electionlawblog.org/?p=43247>
by Rick Hasen <http://electionlawblog.org/?author=3>
Roll Call:
<http://atr.rollcall.com/new-jersey-to-allow-voting-by-email-fax/> "New
Jersey Lt. Gov. Kim Guadagno issued a series of directives late today
that will allow voters displaced by Hurricane Sandy to cast absentee
ballots by email and fax. Guadagno, a Republican, serves as the state's
top elections official. In one of her new directives, she instructs
county clerks to accept absentee voting applications by fax or email up
until 5 p.m. on Election Day and to accept ballots themselves
electronically until 8 p.m. that day. Under the directive
<http://nj.gov/state/elections/2012-results/directive-email-voting.pdf>,
all voters displaced by the storm are deemed to be overseas voters under
New Jersey law."
Do I love the security of email or fax voting? Absolutely not. Is this
a better solution than disenfranchising these voters? Absolutely yes.
And we need a pre-set election disaster pla
<http://www.thedailybeast.com/articles/2012/10/30/how-many-more-near-election-disasters-before-congress-wakes-up.html>n
on the federal level and in the states.
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Posted in election administration <http://electionlawblog.org/?cat=18> |
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"Sandy confuses voters flooded out of usual polling places"
<http://electionlawblog.org/?p=43244>
Posted on November 3, 2012 12:07 pm
<http://electionlawblog.org/?p=43244> by Rick Hasen
<http://electionlawblog.org/?author=3>
NJ.com reports.
<http://www.nj.com/news/index.ssf/2012/11/sandy_confuses_voters_flooded.html#incart_maj-story-1> "As
the hours tick down toward Election Day, confusion across the state
reigns among people affected by Hurricane Sandy who want to vote Tuesday
but have not been given information about how or where they can."
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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
"Active-duty service members disenfranchised by Fla. voter purge"
<http://electionlawblog.org/?p=43241>
Posted on November 3, 2012 12:02 pm
<http://electionlawblog.org/?p=43241> by Rick Hasen
<http://electionlawblog.org/?author=3>
CBS News
<http://www.cbsnews.com/8301-34222_162-57544782/active-duty-service-members-disenfranchised-by-fla-voter-purge/>:
"Tampa-area resident and Navy captain Peter Kehring has spent more than
30 years in the U.S. military. But due to Florida GOP Gov. Rick Scott's
recent purge of voter rolls, Kehring will not be able to cast a vote on
Election Day, reports Tampa CBS affiliate WTSP
<http://www.wtsp.com/news/topstories/article/280780/250/ProtectYourVote-Service-members-removed-from-voting-rolls>....And
he's not alone: Kehring is among 30 active and reserve service members
in the Tampa area who have contacted the Hillsborough County Supervisor
of Elections office, according to WTSP."
This is the danger of voter purges just before the election---false
positives which disenfranchise eligible voters. Voter cleanup needs to
happen in the off-season. Better yet, we need to rationalize and
nationalize registration for federal elections.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
military voting <http://electionlawblog.org/?cat=48>, The Voting Wars
<http://electionlawblog.org/?cat=60>, voter registration
<http://electionlawblog.org/?cat=37> | Comments Off
"Democrats Leaving Mail Ballots on the Table"
<http://electionlawblog.org/?p=43238>
Posted on November 3, 2012 11:35 am
<http://electionlawblog.org/?p=43238> by Rick Hasen
<http://electionlawblog.org/?author=3>
Michael McDonald blogs. <http://goo.gl/hfG6l>
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Posted in campaigns <http://electionlawblog.org/?cat=59>, voting
<http://electionlawblog.org/?cat=31> | Comments Off
"Voters Wait for Absentee Ballots"
<http://electionlawblog.org/?p=43234>
Posted on November 3, 2012 11:28 am
<http://electionlawblog.org/?p=43234> by Rick Hasen
<http://electionlawblog.org/?author=3>
Unexplained delay
<http://www.winknews.com/Local-Florida/2012-11-02/Voters-wait-for-absentee-ballots#.UJVgk7TmYwl>
of 27,000 ballots in Lee County, FL.
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Posted in absentee ballots <http://electionlawblog.org/?cat=53>,
election administration <http://electionlawblog.org/?cat=18> | Comments Off
"Lawyers descend on Ohio--Just in Case"
<http://electionlawblog.org/?p=43232>
Posted on November 3, 2012 11:27 am
<http://electionlawblog.org/?p=43232> by Rick Hasen
<http://electionlawblog.org/?author=3>
See here.
<http://communitypress.cincinnati.com/article/AB/20121103/NEWS/311040018/Lawyers-descend-Ohio-just-case?odyssey=mod%7Clateststories>
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"Oregon Secretary of State Apparently Demands that Postal Service
Stop Delivering Ballots with Insufficient Postage"
<http://electionlawblog.org/?p=43229>
Posted on November 3, 2012 9:38 am <http://electionlawblog.org/?p=43229>
by Rick Hasen <http://electionlawblog.org/?author=3>
This
<http://hosted.comm100.com/Newsletter/Newsletter_EmailWebVersion.aspx?key=9XaAUo92EKHvMpx1q5Pxh%2bGn61DDXup84SI8DspfM%2baip1QlDN80JA%3d%3d&siteId=39553>
requires some follow-up.
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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
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http://electionlawblog.org
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