[EL] more news 11/12/12

Mon Nov 12 14:17:06 PST 2012

    Lessig, Potter, Epps Plot 28th Amendment at UCLA
    <http://electionlawblog.org/?p=44149>

Posted on November 12, 2012 1:43 pm 
<http://electionlawblog.org/?p=44149> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Not exactly, but they will be talking about responses to Citizens 
United. Seethis Common Cause conference 
<http://www.rootstrikers.org/28th_amendment_conference_at_ucla>at UCLA 
this Saturday.

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    Sen. McConnell to Move on Campaign Finance?
    <http://electionlawblog.org/?p=44146>

Posted on November 12, 2012 1:33 pm 
<http://electionlawblog.org/?p=44146> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Roll Call 
<http://www.rollcall.com/news/does_mitch_mcconnell_have_a_conflict_of_interests-218944-1.html>: 
"Senate Minority Leader Mitch McConnell 
<http://www.rollcall.com/members/202.html> never has been shy about his 
majority leader aspirations, but as the GOP digs for answers on why it 
couldn't reclaim the Senate, the Kentucky Republican may want to take 
another look at his longtime opposition to campaign finance reform."

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    Bart Simpson Promises Not to Concede Election Until Karl Rove Gives
    Permission <http://electionlawblog.org/?p=44144>

Posted on November 12, 2012 1:32 pm 
<http://electionlawblog.org/?p=44144> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Watch. <http://electionlawblog.org/?p=44133>

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Posted in election law "humor" <http://electionlawblog.org/?cat=52> | 
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    Yet another item to add to Florida's list
    <http://electionlawblog.org/?p=44133>

Posted on November 12, 2012 12:58 pm 
<http://electionlawblog.org/?p=44133> by Justin Levitt 
<http://electionlawblog.org/?author=4>

Turns out, there's plenty of "that" to fix in Florida's elections.  One 
more item to add to the list: how results are reported.  There's been 
growing concern 
<http://www.therightscoop.com/townhall-reports-massive-voter-fraud-in-st-lucie-county/> 
about results reported in St. Lucie County (one of the counties in the 
Patrick Murphy-Allen West race), with allegations of massive fraud due 
to a purported 141% turnout rate.

It actually turns out that the turnout rate in St. Lucie was about 70% 
of registered voters 
<http://enight.elections.myflorida.com/CountyReportingStatus/>, well in 
line with the rest of Florida's results.  But St. Lucie first posted its 
official results 
<http://www.slcelections.com/Pdf%20Docs/2012%20General/GEMS%20SOVC%20REPORT.pdf> 
tabulating the number of voters and the number of "cards" cast --- 
175,554 voters and 247,713 "cards," fueling the conspiracy theories.

There's an explanation far simpler than massive fraud: St. Lucie had a 
two-page ballot 
<http://electionlawblog.org/www.slcelections.com/Pdf%20Docs/sample%20ballot/combined%20sample%20ballot%20with%20watermark.pdf> 
this cycle (with races on both front and back of each of the two pages); 
each page of the ballot was listed as a separate "card."  Some voters 
didn't complete both cards (the second page was entirely lengthy ballot 
initiatives), so the number of cards isn't exactly twice the number of 
voters. But some voters did complete both cards, leaving the number of 
"cards" well over the number of total voters --- and to some, looking 
like solid evidence of fraud.

For President, St. Lucie initially reported 124,031 ballots cast, which 
looks a whole lot more normal than the total number of "cards."  The 
kerfuffle seems to be a product of observers misunderstanding data and 
leaping to conclusions, something I've noted in other contexts before 
<http://campaignstops.blogs.nytimes.com/2012/10/29/the-danger-of-voter-fraud-vigilantes/>.  
But St. Lucie's reporting structure certainly didn't help.  Might well 
be time to put some more prominent disclaimers on the front page of the 
election-night reporting spreadsheet, to prevent similar confusion in 
the next election.

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Posted in fraudulent fraud squad <http://electionlawblog.org/?cat=8> | 
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    "Arizona Still Counting Ballots Nearly a Week After Election"
    <http://electionlawblog.org/?p=44139>

Posted on November 12, 2012 12:41 pm 
<http://electionlawblog.org/?p=44139> by Rick Hasen 
<http://electionlawblog.org/?author=3>

TPM reports 
<http://tpmmuckraker.talkingpointsmemo.com/2012/11/arizona_uncounted_ballots.php?ref=fpnewsfeed>, 
and mentions problems with minority voters, the voter id requirement, 
and provisional ballots.

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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

    Judge Richard Posner Defends the Electoral College
    <http://electionlawblog.org/?p=44137>

Posted on November 12, 2012 12:39 pm 
<http://electionlawblog.org/?p=44137> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Here 
<http://www.slate.com/articles/news_and_politics/view_from_chicago/2012/11/defending_the_electoral_college.single.html>, 
in /Slate./

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Posted in electoral college <http://electionlawblog.org/?cat=44> | 
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    "Only Four U.S. House Elections in the Last Hundred Years Gave One
    Party a House Majority, Even Though the Other Major Party Polled
    More Votes for U.S. House " <http://electionlawblog.org/?p=44134>

Posted on November 12, 2012 11:37 am 
<http://electionlawblog.org/?p=44134> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Ballot Access News 
<http://www.ballot-access.org/2012/11/12/only-four-u-s-house-elections-in-the-last-hundred-years-gave-one-party-a-house-majority-even-though-the-other-major-party-polled-more-votes-for-u-s-house/>: 
"Some analysts have already looked at the U.S. House elections from last 
week's election, and determined that Democratic candidates received more 
popular votes than Republican candidates. Yet, it appears most likely 
that Republicans won 235 seats and Democrats only won 200 seats. There 
are still six seats in which the results aren't final, but Democrats are 
leading in five of them, so it has been assumed that those candidates 
who are currently leading will win.  Prior to 2012, there have been only 
three other congressional elections in the last hundred years in which 
one major party won more popular votes for U.S. House, yet the other 
major party won more seats. They were 1914, 1942, and 1952."

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Posted in redistricting <http://electionlawblog.org/?cat=6> | Comments Off

    "Beating Back the War on Judges; Voters rejected the crusade to
    politicize the courts." <http://electionlawblog.org/?p=44130>

Posted on November 12, 2012 11:24 am 
<http://electionlawblog.org/?p=44130> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Bert Brandenburg has writtenthis piece 
<http://www.slate.com/articles/news_and_politics/jurisprudence/2012/11/judicial_elections_in_2012_voters_rejected_the_politicization_of_the_courts.html> 
for /Slate./

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Posted in campaigns <http://electionlawblog.org/?cat=59>, judicial 
elections <http://electionlawblog.org/?cat=19> | Comments Off

    "Why We Still Need Section 5 of the Voting Rights Act"
    <http://electionlawblog.org/?p=44127>

Posted on November 12, 2012 9:29 am 
<http://electionlawblog.org/?p=44127> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Ari Berman writes 
<http://www.thenation.com/blog/171199/why-we-still-need-section-5-voting-rights-act#> 
for /The Nation/.

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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, The Voting 
Wars <http://electionlawblog.org/?cat=60>, Voting Rights Act 
<http://electionlawblog.org/?cat=15> | Comments Off

    "Was Unlimited Cash Over-Hyped In Election 2012?"
    <http://electionlawblog.org/?p=44124>

Posted on November 12, 2012 9:21 am 
<http://electionlawblog.org/?p=44124> by Rick Hasen 
<http://electionlawblog.org/?author=3>

NPR's Tell Me More. 
<http://www.npr.org/2012/11/12/164962535/was-unlimited-cash-over-hyped-in-election-2012?ft=1&f=1014&sc=tw>

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "just 61 large donors to Super PACs giving an average of $4.7
    million each matched the $285.2 million in grassroots contributions
    from more than 1,425,500 small donors"
    <http://electionlawblog.org/?p=44121>

Posted on November 12, 2012 9:06 am 
<http://electionlawblog.org/?p=44121> by Rick Hasen 
<http://electionlawblog.org/?author=3>

See this Demos/US PIRG release. 
<http://www.demos.org/publication/election-spending-2012-post-election-analysis-federal-election-commission-data>

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "After Romney loss, some on right bash Electoral College"
    <http://electionlawblog.org/?p=44118>

Posted on November 12, 2012 8:37 am 
<http://electionlawblog.org/?p=44118> by Rick Hasen 
<http://electionlawblog.org/?author=3>

CBS News reports 
<http://www.cbsnews.com/8301-250_162-57548376/after-romney-loss-some-on-right-bash-electoral-college/>.

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Posted in electoral college <http://electionlawblog.org/?cat=44> | 
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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
Now available: The Voting Wars: http://amzn.to/y22ZTv

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