[EL] ELB News and Commentary 11/13/12
Rick Hasen
rhasen at law.uci.edu
Tue Nov 13 08:20:40 PST 2012
"Super PACs Make Move to Lobbying"
<http://electionlawblog.org/?p=44194>
Posted on November 13, 2012 8:19 am
<http://electionlawblog.org/?p=44194> by Rick Hasen
<http://electionlawblog.org/?author=3>
Roll Call reports.
<http://www.rollcall.com/news/super_pacs_make_move_to_lobbying-219080-1.html>
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Outspent Democratic super PAC made dollars count"
<http://electionlawblog.org/?p=44191>
Posted on November 13, 2012 8:04 am
<http://electionlawblog.org/?p=44191> by Rick Hasen
<http://electionlawblog.org/?author=3>
/Politico/ reports <http://www.politico.com/news/stories/1112/83699.html>
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"2012 Debunked Campaign Finance Fallacies"
<http://electionlawblog.org/?p=44188>
Posted on November 13, 2012 7:56 am
<http://electionlawblog.org/?p=44188> by Rick Hasen
<http://electionlawblog.org/?author=3>
Jonathan Tobin writes
<http://www.commentarymagazine.com/2012/11/11/2012-debunked-campaign-finance-fallacies/>
for /Commentary/.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
"The Trouble with City of Boerne, and Why It Matters for the
Fifteenth Amendment As Well" <http://electionlawblog.org/?p=44185>
Posted on November 13, 2012 7:50 am
<http://electionlawblog.org/?p=44185> by Rick Hasen
<http://electionlawblog.org/?author=3>
Evan Tsen Lee has postedthis draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2170578>on SSRN.
Here is the abstract:
The Supreme Court's test for the constitutionality of state action
and its test for the constitutionality of congressional legislation
enforcing the Fourteenth Amendment are out of synch with one
another. When a plaintiff challenges state action under the
Fourteenth Amendment, the degree of scrutiny varies with the type of
claim. Racial classifications, for example, are examined under
"strict" scrutiny. Most classifications, such as disability, age, or
socioeconomic status, are examined on a "rational basis." When
Congress acts pursuant to its Section 5 powers under the Fourteenth
Amendment to protect rights, however, the Court has no corresponding
spectrum of degrees of scrutiny. In this paper I argue that the
Court should adopt the "mirror image" spectrum of scrutiny for
congressional enactments pursuant to its Section 5 powers. For
example, if Congress seeks to protect people from age discrimination
or discrimination based on disability by permitting individuals to
sue states without their consent in federal court, the plaintiff
should have to show that he or she actually suffered a
constitutional violation in the case at bar. If Congress seeks to
protect people from race discrimination, the plaintiff should have
to show only that there is a rational, "means-end" relationship
between the congressional remedy and the targeted discrimination.
Applying this test to the Fifteenth Amendment, which prohibits race
discrimination in voting, the courts should apply rational,
"means-end" scrutiny to statutes such as the Voting Rights Act,
including the preclearance condition that is likely to come before
the Supreme Court in the near future.
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Posted in Voting Rights Act <http://electionlawblog.org/?cat=15> |
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"A Decision Theory of Statutory Interpretation: Legislative History
by the Rules" <http://electionlawblog.org/?p=44183>
Posted on November 13, 2012 7:49 am
<http://electionlawblog.org/?p=44183> by Rick Hasen
<http://electionlawblog.org/?author=3>
Victoria Nourse has posted this article
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2161858>on SSRN
(/Yale Law Journal/). Here is the abstract:
We have a law of civil procedure, criminal procedure, and
administrative procedure, but we have no law of legislative
procedure. This failure has serious consequences in the field of
statutory interpretation. Using simple rules garnered from Congress
itself, this Article argues that those rules are capable of
transforming the field of statutory interpretation. Addressing
canonical cases in the field, from Holy Trinity to Bock Laundry,
from Weber to Public Citizen, this article shows how cases studied
by vast numbers of law students are made substantially more
manageable, and in some cases quite simple, through knowledge of
congressional procedure. No longer need legislative history always
be a search for one's friends.
Call this a decision theory of statutory interpretation. This
approach is based on how Congress does in fact make decisions and
thus is a positive theory. Normatively, it has the advantage of
privileging text without blinding judges either to relevant
information or to their duty to implement Congress's decisions,
including Congress's own decisionmaking methods. It may also have
the side benefit of reducing legislative incentives to manipulate
the rules or to engage in strategic behavior to induce particular
statutory interpretations.
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27>, statutory interpretation
<http://electionlawblog.org/?cat=21> | Comments Off
"Campaign Finance Disclosure and the Information Tradeoff"
<http://electionlawblog.org/?p=44181>
Posted on November 13, 2012 7:47 am
<http://electionlawblog.org/?p=44181> by Rick Hasen
<http://electionlawblog.org/?author=3>
Michael Gilbert has posted this draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2168343>on SSRN
(forthcoming, /Iowa Law Review). /Here is the abstract:
Campaign finance law is in shambles, and American politics, by many
accounts, is dominated by wealthy, shadowy interests. Reformers have
rested their hopes on disclosure -- mandated, public disclosure of
what individuals, corporations, super PACs, and others spend on
politics. Reformers argue, and the Supreme Court agrees, that
disclosure provides valuable information to voters. Opponents, on
the other hand, vilify disclosure for chilling speech and infringing
speakers' First Amendment rights. Both positions -- disclosure
informs voters, disclosure chills speech -- have become conventional
wisdom.
This paper challenges that wisdom. First, it shows that disclosure
does not necessarily inform voters. Rather, it raises an information
tradeoff. Revealing sources of speech provides voters with
information, but disclosure can also chill speech, and that takes
information away -- the information contained in the chilled speech.
When the second effect outweighs the first, disclosure actually
reduces voter information. Second, the paper argues that disclosure
does not necessarily chill speech. It can thaw it. By providing
potential speakers with information about the positions and
credibility of candidates, disclosure can prompt actors to speak
when they otherwise would not. When disclosure thaws speech, there
is no information tradeoff. Voters gain information in two ways --
source revelation, more speech acts -- and lose it in none. When
disclosure thaws speech, it promotes exactly those First Amendment
values it is thought to undermine.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Election Academy Receives NSF Grant to Study Pollworkers' Effect on
Election Security" <http://electionlawblog.org/?p=44178>
Posted on November 13, 2012 7:44 am
<http://electionlawblog.org/?p=44178> by Rick Hasen
<http://electionlawblog.org/?author=3>
Good news
<http://blog.lib.umn.edu/cspg/electionacademy/2012/11/in_case_you_missed_it_election.php>for
Doug Chapin, and for the country.
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Posted in election administration <http://electionlawblog.org/?cat=18> |
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With Ham Rove's Passing Colbert Shuts Down Super PAC
<http://electionlawblog.org/?p=44175>
Posted on November 13, 2012 7:42 am
<http://electionlawblog.org/?p=44175> by Rick Hasen
<http://electionlawblog.org/?author=3>
The question not answered by this piece
<http://www.washingtonpost.com/blogs/the-fix/wp/2012/11/13/stephen-colbert-shuts-down-super-pac-2/>is
what he's doing with the money he raised. Colbert writes on the Super
PAC'swebsite: <http://www.colbertsuperpac.com/> "Due to Ham Rove's
timely passing, I am announcing that Colbert Super PAC is shutting down
effective immediately. During this time of mourning, we ask that you
respect our privacy, and more importantly, the privacy of our money. It
wishes to stay out of the public eye, so please don't go trying to find
it. Rest assured, you won't. We have a really good lawyer. "
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
election law "humor" <http://electionlawblog.org/?cat=52> | Comments Off
"Inside absentee, provisional ballot counting"
<http://electionlawblog.org/?p=44172>
Posted on November 13, 2012 7:39 am
<http://electionlawblog.org/?p=44172> by Rick Hasen
<http://electionlawblog.org/?author=3>
This article
<http://www.berkeleyside.com/2012/11/12/the-inner-workings-of-absentee-provisional-ballot-counting/>
appears in /Berkeleyside./
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Posted in election administration <http://electionlawblog.org/?cat=18> |
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Election Truthers.....Part II <http://electionlawblog.org/?p=44169>
Posted on November 13, 2012 7:34 am
<http://electionlawblog.org/?p=44169> by Rick Hasen
<http://electionlawblog.org/?author=3>
The following statement arrived via email:
*Voter Fraud in Ohio!*
*November 12th, 2:15 p.m., Medina, Ohio. The following is a
statement from the Ohio Christian Alliance:*
*In the six days following the November 6th Presidential Election,
*reports are surfacing from eye witness testimony of our volunteers,
poll workers, poll observers, and election officials, detailing a
story of widespread voter fraud and in some instances election
fraud. The Ohio Christian Alliance, working in cooperation with
other nonprofit organizations and a pool of volunteer researchers,
will be conducting a detailed investigation of these reports in the
coming weeks. We will report to the media, the Ohio Legislature, and
the Ohio Secretary of State's office and the Attorney General of the
State of Ohio for possible prosecution of violators of election laws
in response to our findings.
OCA President Chris Long made the following statement, "The integrity of
the election process is one which the people of the State of Ohio hold
in high regard. When that process is violated with voter and election
fraud, it diminishes the vote of every properly registered voter in
Ohio. It is imperative that these reports be given the full attention
they deserve in answering the question -- Is our election process fair
and is it secure from widespread voter fraud? The evidence that is
mounting is undeniable that voter fraud took place this election in
Ohio, and that not enough is being done to address the concerns of
Ohioans in response to it. These initial reports demand a response of a
full investigation from elected officials, the media, and the Attorney
General's office so that the public's trust can be restored in the
election process in Ohio that it is both fair and accurate."
###
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60> |
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SCOTUS Nixes Nix <http://electionlawblog.org/?p=44167>
Posted on November 13, 2012 7:32 am
<http://electionlawblog.org/?p=44167> by Rick Hasen
<http://electionlawblog.org/?author=3>
Not a big surprise: the Supreme Court, after agreeing to hear the
/Shelby County /case last week raising the question of the Voting Rights
Act section 5?s continuing constitutionality, denied cert. today
<http://www.scotusblog.com/2012/11/one-voting-rights-case-denied/> in
/Nix v. Holder/, raising similar issues. There was a big mootness
question hanging over the case (the DOJ belatedly granted preclearance
in this case), so it was not as good a vehicle as /Shelby County/ to
decide the constitutional question. The facts of the /Nix/ case,
however, were somewhat more compelling for plaintiffs than the /Shelby
County/ case, and for this reason I think many opponents of section 5
wanted Nix consolidated with /Shelby County./
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting
Rights Act <http://electionlawblog.org/?cat=15> | Comments Off
"Calif. election law creates competition, less predictability"
<http://electionlawblog.org/?p=44164>
Posted on November 12, 2012 8:44 pm
<http://electionlawblog.org/?p=44164> by Rick Hasen
<http://electionlawblog.org/?author=3>
John Myers' video report
<http://www.news10.net/video/default.aspx?bctid=1964472488001&odyssey=mod%7Cnewswell%7Ctext%7CFRONTPAGE%7Cfeatured>.
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Posted in political parties <http://electionlawblog.org/?cat=25>,
primaries <http://electionlawblog.org/?cat=32>, redistricting
<http://electionlawblog.org/?cat=6> | Comments Off
"Arizona's Broken-on-Purpose Election Leaves Race Unresolved"
<http://electionlawblog.org/?p=44160>
Posted on November 12, 2012 8:19 pm
<http://electionlawblog.org/?p=44160> by Rick Hasen
<http://electionlawblog.org/?author=3>
Rachel Maddow segment.
<http://www.msnbc.msn.com/id/26315908/ns/msnbc_tv-rachel_maddow_show#49798635>
Watch this.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"Florida's election season chaos no joking matter"
<http://electionlawblog.org/?p=44157>
Posted on November 12, 2012 8:08 pm
<http://electionlawblog.org/?p=44157> by Rick Hasen
<http://electionlawblog.org/?author=3>
Orlando Sentinel editorial.
<http://www.orlandosentinel.com/news/opinion/os-ed-early-voting-chaos-111312-20121112,0,7162806.story>
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"Romney earned zero votes in some urban precincts"
<http://electionlawblog.org/?p=44154>
Posted on November 12, 2012 2:42 pm
<http://electionlawblog.org/?p=44154> by Rick Hasen
<http://electionlawblog.org/?author=3>
CBS News reports
<http://www.cbsnews.com/8301-250_162-57548626/romney-earned-zero-votes-in-some-urban-precincts/>.
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Posted in campaigns <http://electionlawblog.org/?cat=59>, The Voting
Wars <http://electionlawblog.org/?cat=60> | 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
Now available: The Voting Wars: http://amzn.to/y22ZTv
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