[EL] Judge Simpson's Injunction and HAVA
Lillie Coney
coney at lillieconey.net
Fri Oct 5 02:09:47 PDT 2012
FYI
HAVA http://www.fec.gov/hava/law_ext.txt
SEC. 303. 42 USC 15483.>> COMPUTERIZED STATEWIDE VOTER
REGISTRATION LIST REQUIREMENTS AND REQUIREMENTS FOR VOTERS
WHO REGISTER BY MAIL.
(b) Requirements for Voters Who Register by Mail.--
(1) In general.--Notwithstanding section 6(c) of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4(c))
and subject to paragraph (3), a State shall, in a uniform and
nondiscriminatory manner, require an individual to meet the
requirements of paragraph (2) if--
(A) the individual registered to vote in a
jurisdiction by mail; and
(B)(i) the individual has not previously voted in an
election for Federal office in the State; or
(ii) the individual has not previously voted in such
an election in the jurisdiction and the jurisdiction is
located in a State that does not have a computerized
list that complies with the requirements of subsection
(a).
(2) Requirements.--
(A) In general.--An individual meets the
requirements of this paragraph if the individual--
(i) in the case of an individual who votes in
person--
(I) presents to the appropriate
State or local election official a
current and valid photo identification;
or
(II) presents to the appropriate
State or local election official a copy
of a current utility bill, bank
statement, government check, paycheck,
or other government document that shows
the name and address of the voter; or
(ii) in the case of an individual who votes by
mail, submits with the ballot--
(I) a copy of a current and valid
photo identification; or
(II) a copy of a current utility
bill, bank statement, government check,
paycheck, or other government document
that shows the name and address of the
voter.
If voters register in person the requirements do not apply
On Oct 3, 2012, at 1:21 PM, Greenberg, Kevin wrote:
> The enjoined act (Act 18) did not repeal the identification procedures that had been in place since HAVA. County boards and those of us who practice in state were preparing for the difficult process of handling two requirements that were not synchronized.
>
> We will have to do this in 2013, barring a repeal or modification of the other state requirement, a further injunction, or a show of intelligence from the Legislature that repeals Act 18.
>
>
> From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Mark Posner
> Sent: Wednesday, October 03, 2012 1:05 PM
> To: Estelle Rogers; Rick Hasen
> Cc: law-election at UCI.edu
> Subject: Re: [EL] Judge Simpson's Injunction and HAVA
>
> It also should be noted that, at least based on the statutory language that is quoted in the website that Rick linked to, the Pennsylvania law appears to go far beyond what is required by HAVA.
>
> First, HAVA’s identification requirement only applies to first-time voters who register by mail, and “first-time voters” generally refers to voters who are voting for the first time in their state of residence. 42 USC 15483(b). The quoted Pa. law, on the other hand, seems to apply to all first-time voters, regardless of how they registered to vote, and defines “first-time” in terms of voters voting in a particular election district for the first time.
>
> Second, HAVA also provides that the affected voters can, alternatively, present the requisite identification at the time they register to vote, and excepts from the identification requirement those first-time, by-mail registrants who satisfy certain computer matching provisions. The referenced Pa. statute makes no mention of these provisions.
>
> And thirdly, HAVA allows for both photo and non-photo identification, whereas the quoted Pa. law only allows for photo identification.
>
> Mark Posner
> Senior Counsel
> Lawyers' Committee for Civil Rights Under Law
> 1401 New York Avenue, NW
> Suite 400
> Washington, DC 20005
> (202) 662-8389 (telephone)
> (202) 628-2858 (fax)
>
> The information contained in this message from the Lawyers' Committee for Civil Rights Under Law and any attachments are confidential and intended only for the named recipient(s). If you have received this message in error, you are prohibited from copying, distributing, or using the information. Please contact the sender immediately by return e-mail and delete the original message.
>
> From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Estelle Rogers
> Sent: Wednesday, October 03, 2012 11:47 AM
> To: Rick Hasen
> Cc: law-election at UCI.edu
> Subject: [EL] Judge Simpson's Injunction and HAVA
>
> As to whether the injunction inadvertently vioates HAVA by vitiating ALL ID requirements, I don't think it does. Nowhere in the injunction does he say that otherwise applicable requirements are enjoined, only that the "transition procedures" described in Act 18 are extended through November 6--i.e., that there will be no adverse consequences of failure to produce a photo ID. And on p. 14-15 of the opinion, he cites "the General Assembly's express intent that during the transition, an OTHERWISE QUALIFIED elector need not cast a provisional ballot." (caps mine) The corollary is an otherwise unqualified elector may be forced to vote provisionally.
>
> Estelle H. Rogers, Esq.
> Legislative Director
> Project Vote
> 202-546-4173, ext. 310
>
> The information contained in this email is confidential and may contain proprietary information. It is meant solely for the intended recipient(s). Access to this email by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted in reliance on this, is prohibited and may be unlawful.
>
>
>
>
>
> On Oct 3, 2012, at 12:20 AM, Rick Hasen wrote:
>
> “Strengthening the political party system”
>
> Posted on October 2, 2012 9:16 pm by Rick Hasen
> Jeff Brindle: “Nasty campaign attack ads like a recent super PAC commercial that cynically implied Republican presidential candidate Mitt Romney bears responsibility for a woman’s cancer death make three things clear. First, most remaining parts of the Bipartisan Campaign Reform Act (BCRA), or McCain-Feingold, should be repealed. Second, the political party system nationally should be strengthened. Third, independent groups that are running many of the most noxious ads should fully disclose their donors and expenditures.”
>
> <share_save_171_16.png>
> Posted in campaign finance | Comments Off
> Scheduled to Be on KQED “Forum” at 9 AM Wed. Talking About “The Voting Wars”
>
> Posted on October 2, 2012 9:11 pm by Rick Hasen
> Listen here.
>
> <share_save_171_16.png>
> Posted in The Voting Wars | Comments Off
> “Obama Outspending Romney on TV Ads”
>
> Posted on October 2, 2012 9:07 pm by Rick Hasen
> NYT reports.
>
> <share_save_171_16.png>
> Posted in campaign finance, campaigns | Comments Off
> “Pennsylvania Judge Bars Voter-ID Law for 2012 Election”
>
> Posted on October 2, 2012 9:02 pm by Rick Hasen
> Bloomberg reports.
>
> <share_save_171_16.png>
> Posted in election administration, The Voting Wars, voter id | Comments Off
> “Does Judge Simpson’s Injunction Inadvertently Violate Federal Law?”
>
> Posted on October 2, 2012 8:46 pm by Rick Hasen
> Interesting question: “Does the injunction that Judge Simpson issued today inadvertently violate the first-time voter identification requirement in the Help America Vote Act of 2002 (“HAVA”)?”
>
> <share_save_171_16.png>
> Posted in Uncategorized | Comments Off
> “New Swing State Website Tool (Among Today’s Voting Law News)”
>
> Posted on October 2, 2012 8:45 pm by Rick Hasen
> Ned Foley: “Today, too, Election Law @ Moritz unveils its new “Swing State Focus” website tool. You can access it through this link, or simply by clicking the icons of the states on the front page of our website. This tool reflects the teamwork approach we have endeavored to develop here at EL at M. Under the leadership of Professor Terri Enns, who deserves tremendous credit for this initiative, a team of faculty, staff, and students have worked painstakingly to populate the tool with the relevant information about the current voting rules in states that potentially may tip the presidential election one way or the other. Six states are currently up-and-running in this new interactive database, with more to follow.”
>
> <share_save_171_16.png>
> Posted in Uncategorized | Comments Off
> “Romney seeks extended deadline for overseas voters, including in Michigan”
>
> Posted on October 2, 2012 8:41 pm by Rick Hasen
> AP: “Republican Mitt Romney’s campaign has sent letters to election officials in Wisconsin, Mississippi and Vermont demanding that the deadline for receiving ballots from military and overseas voters be extended.”
>
> <share_save_171_16.png>
> Posted in military voting | Comments Off
> “G.O.P. Aims to Remake Florida Supreme Court”
>
> Posted on October 2, 2012 8:32 pm by Rick Hasen
> NYT reports.
>
> <share_save_171_16.png>
> Posted in judicial elections | Comments Off
> “Justice Department clears S.C.’s online voter registration law”
>
> Posted on October 2, 2012 8:30 pm by Rick Hasen
> AP reports.
>
> <share_save_171_16.png>
> Posted in Department of Justice, voter registration, Voting Rights Act, voting technology | Comments Off
> “Law professor says state Supreme Court gave judge little wiggle room with voter ID law”
>
> Posted on October 2, 2012 8:10 pm by Rick Hasen
> Penn Live reports.
>
> <share_save_171_16.png>
> Posted in election administration, The Voting Wars, voter id | Comments Off
> “Pa. judge blocks photo ID rule for Election Day”
>
> Posted on October 2, 2012 8:09 pm by Rick Hasen
> AP reports.
>
> <share_save_171_16.png>
> Posted in election administration, The Voting Wars, voter id | Comments Off
> “NAACP Pushes for Ex-Felons Voting Rights”
>
> Posted on October 2, 2012 8:07 pm by Rick Hasen
> CNN reports.
>
> <share_save_171_16.png>
> Posted in felon voting | Comments Off
> “Republican Firm Tied To Voter Fraud Allegations”
>
> Posted on October 2, 2012 8:03 pm by Rick Hasen
> Peter Overby reports for NPR.
>
> <share_save_171_16.png>
> Posted in election administration, The Voting Wars, voter registration | Comments Off
> “Pennsylvania Judge Blocks Controversial Voter ID Law”
>
> Posted on October 2, 2012 8:02 pm by Rick Hasen
> Pam Fessler reports for NPR.
>
> <share_save_171_16.png>
> Posted in election administration, The Voting Wars, voter id | Comments Off
> “Setbacks For Voter ID Laws in Pa., Other States Could Be Short-Lived”
>
> Posted on October 2, 2012 8:01 pm by Rick Hasen
> NPR reports.
>
> <share_save_171_16.png>
> Posted in election administration, The Voting Wars, voter id | Comments Off
> “SCOTUS Declines Indiana Robo-Call Case”
>
> Posted on October 2, 2012 4:16 pm by Rick Hasen
> The Indiana Lawyer reports.
>
> <share_save_171_16.png>
> Posted in campaigns | Comments Off
> “Crossroads Groups Swamp Airwaves”
>
> Posted on October 2, 2012 4:15 pm by Rick Hasen
> Politico reports.
>
> <share_save_171_16.png>
> Posted in campaign finance | Comments Off
> More Dems Making Political Hay Out of Sproul Incident
>
> Posted on October 2, 2012 4:14 pm by Rick Hasen
> See here.
>
> <share_save_171_16.png>
> Posted in The Voting Wars | Comments Off
> “New Voter Registrations Decline in Florida”
>
> Posted on October 2, 2012 4:08 pm by Rick Hasen
> A Pew data dispatch.
>
> <share_save_171_16.png>
> Posted in election administration, voter registration | Comments Off
> Pa. Voter ID Roundup/Comments
>
> Posted on October 2, 2012 4:05 pm by Rick Hasen
> NYT
>
> WaPo
>
> Ari Berman
>
> Brennan Center
>
> Liz Kennedy
>
> Philly.com
>
> Post-Gazette
>
> more to come
>
>
>
>
> <share_save_171_16.png>
> Posted in election administration, The Voting Wars, voter id | Comments Off
> “Opponents of voting restrictions are winning — for now”
>
> Posted on October 2, 2012 10:53 am by Rick Hasen
> Greg Sargent writes.
>
> <share_save_171_16.png>
> Posted in election administration, The Voting Wars | Comments Off
> “Lawyers Ask Pa. To Withdraw Or Fix Voter ID Ads”
>
> Posted on October 2, 2012 10:27 am by Rick Hasen
> Issue to watch.
>
> <share_save_171_16.png>
> Posted in election administration, The Voting Wars, voter id | Comments Off
> “Supreme Court tests for civil rights; As the Supreme Court begins its 2012 term Monday, two cases loom ominously large for civil rights advocates.”
>
> Posted on October 2, 2012 10:23 am by Rick Hasen
> LA Times on the Shelby County and Fisher cases.
>
> <share_save_171_16.png>
> Posted in Supreme Court, Voting Rights Act | Comments Off
> “Pennsylvania Judge Blocks Voter ID Requirement”
>
> Posted on October 2, 2012 9:41 am by Rick Hasen
> ABC News reports.
>
> <share_save_171_16.png>
> Posted in election administration, The Voting Wars, voter id | Comments Off
> “Rules of the Game: Shining a Light on Political ‘Dark Money”
>
> Posted on October 2, 2012 9:40 am by Rick Hasen
> Eliza’s latest.
>
> <share_save_171_16.png>
> Posted in campaign finance | Comments Off
> “Super PAC Barrage Coming To House Races Across The Country
>
> Posted on October 2, 2012 9:33 am by Rick Hasen
> HuffPo reports.
>
> <share_save_171_16.png>
> Posted in Uncategorized | Comments Off
> No Small Stuff (cont.): Vendor Gives Tennessee County Closed-Primary Pollbooks in Open Primary
>
> Posted on October 2, 2012 9:20 am by Rick Hasen
> A ChapinBlog.
>
> <share_save_171_16.png>
> Posted in election administration | Comments Off
> “3 views on whether US states should require voter ID”
>
> Posted on October 2, 2012 9:11 am by Rick Hasen
> The CS Monitor’s “One Minute debate,” with views from Jonathan Tobin, Wendy Weiser, and me.
>
> <share_save_171_16.png>
> Posted in election administration, The Voting Wars, voter id | Comments Off
> “Can I Use iPad or Smartphone in Voting Booth?”
>
> Posted on October 2, 2012 9:02 am by Rick Hasen
> Enquiring minds want to know.
>
> <share_save_171_16.png>
> Posted in election administration | Comments Off
> “Voter Purge Over Citizen Status Sours Floridians on Republicans”
>
> Posted on October 2, 2012 8:59 am by Rick Hasen
> Bloomberg reports.
>
> <share_save_171_16.png>
> Posted in election administration, The Voting Wars, voter registration | Comments Off
> “Selling votes is common type of election fraud”
>
> Posted on October 2, 2012 8:58 am by Rick Hasen
> Absolute must-read from WaPo’s David Fahrenthold. It confirms what I found in The Voting Wars. Election official fraud and absentee ballot fraud relatively rare but it happens. Impersonation fraud extremely rare and has not changed an election result we can find in at least a generation.
>
> <share_save_171_16.png>
> Posted in absentee ballots, chicanery, The Voting Wars | Comments Off
> “Americans for Prosperity puts big money on legislative races in Arkansas”
>
> Posted on October 2, 2012 8:55 am by Rick Hasen
> WaPo reports.
>
> <share_save_171_16.png>
> Posted in campaign finance | Comments Off
> “Deutch demands GOP voter registration fraud probe”
>
> Posted on October 2, 2012 8:52 am by Rick Hasen
> Hyperbole from the left on the Sproul matter.
>
> <share_save_171_16.png>
> Posted in The Voting Wars, voter registration | Comments Off
> “Military ballot requests down in key battleground states”
>
> Posted on October 2, 2012 8:47 am by Rick Hasen
> FOX News reports.
>
> <share_save_171_16.png>
> Posted in absentee ballots, election administration, military voting, The Voting Wars | Comments Off
> “Why Doesn’t the Law Give Full Free Speech Protection to Voters?”
>
> Posted on October 2, 2012 8:39 am by Rick Hasen
> Armand Derfner and Gerry Hebert blog at HuffPo.
>
> <share_save_171_16.png>
> Posted in Uncategorized | Comments Off
> “Supreme Court Denies Appeal From Anti-Gay Marriage Group”
>
> Posted on October 2, 2012 8:37 am by Rick Hasen
> BuzzFeed: “The Supreme Court announced Monday that it will not hear an appeal brought by the National Organization for Marriage, keeping in place a lower court ruling that applies Maine’s campaign finance laws to the group in its fight against allowing same-sex couples to marry in Maine.”
>
> <share_save_171_16.png>
> Posted in campaign finance | Comments Off
> “How can voting fraud be better detected and prevented without putting an undue burden on certain voting blocs?’
>
> Posted on October 2, 2012 8:35 am by Rick Hasen
> Would love to see how respondents break down on party lines.
>
> <share_save_171_16.png>
> Posted in election administration, The Voting Wars | Comments Off
> “Low-income voters boost Ohio’s rolls; 500,000-plus registered since 2010′
>
> Posted on October 2, 2012 8:32 am by Rick Hasen
> Important report in the Toledo Blade.
>
> <share_save_171_16.png>
> Posted in campaigns, NVRA (motor voter), voter registration | Comments Off
> “Ranked Choice Voting Comes to Berkeley: How It Works, How to Do It”
>
> Posted on October 2, 2012 8:29 am by Rick Hasen
> See here.
>
> <share_save_171_16.png>
> Posted in alternative voting systems | Comments Off
> “How Much is an Ambassadorship? And the Tale of How Watergate Led to a Strong Foreign Corrupt Practices Act and a Weak Federal Election Campaign Act”
>
> Posted on October 2, 2012 8:25 am by Rick Hasen
> Ciara Torres-Spelliscy has posted this draft on SSRN (Chapman Law Review symposium on Watergate). Here is the abstract:
>
> When White House Counsel John Dean infamously told President Richard Milhous Nixon that there was a “cancer on the presidency,” and that more hush money would be needed to keep the cover-up of the Watergate break-in secret, Nixon responded without much hesitation that he knew where he could get a million dollars in cash. The President was used to having vast resources at his fingertips because of the millions flowing through his campaign committees. Historians now know that much of the money flowing through those committees was from illegal sources.
> This essay is a synopsis that illegal money and two of the reforms it inspired: the Federal Election Campaign Act and the Foreign Corrupt Practices Act. This piece will argue that the scale of post-Watergate reforms were justified by the magnitude of quid pro quo corruption in the Nixon White House. This essay will also argue that in 2012, in this post-Citizens United environment, Congress should take a similar approach and embrace both campaign finance reforms as well securities law reforms to ensure the integrity of our democratic processes.
> <share_save_171_16.png>
> Posted in campaign finance, chicanery | 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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