[EL] ELB News and Commentary 10/12/12
Norden, Lawrence
NordenL at exchange.law.nyu.edu
Fri Oct 12 15:16:34 PDT 2012
Rick, thanks to your reader for citing my report. I do think that the numbers he cites may understate the impact of the Sixth Circuit ruling, whether or not the SEIU appellees or others seek broader relief. That's because after 2008 and the success of early voting, many of the biggest counties went through dramatic polling place consolidation. For instance Hamilton County cut its precincts by 23%, Cuyahoga by 26%, Montgomery by 34% and Summit by 37%.
The result is more polling places with multiple precincts, and more opportunity for the "right church, wrong pew" problem. In fact, in 2011, about half of the wrong precinct ballots cast in Cuyahoga County were cast in the right church, significantly more than the percentage in 2008.
From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
Sent: Friday, October 12, 2012 12:56 PM
To: law-election at UCI.edu
Subject: [EL] ELB News and Commentary 10/12/12
About Those Wrong Precinct Provisional Ballots at Issue in Sixth Circuit Case...<http://electionlawblog.org/?p=41540>
Posted on October 12, 2012 9:53 am<http://electionlawblog.org/?p=41540> by Rick Hasen<http://electionlawblog.org/?author=3>
Yesterday's Sixth Circuit ruling<http://electionlawblog.org/?p=41452>, requiring the counting of provisional ballots cast by voters at the right location but at the wrong precinct, is a big deal<http://www.dispatch.com/content/stories/local/2012/10/12/ruling-a-victory-for-counting-provisional-ballots.html>. But the provisional ballot issue is not entirely resolved. We still don't know if OH AG DeWine will appeal on this issue to the Sixth Circuit en banc or to the Supreme Court (SOS Husted did not appeal this aspect of the case, and actually won<http://www.sos.state.oh.us/SOS/mediaCenter/2012/2012-10-11a.aspx> on the issue he appealed on).
But putting that aside, a knowledgeable reader points out another issue: many wrongly cast provisional ballots are not covered by this order, because this covers only those cast at the right polling location. The reader writes:
You said in your Slate piec<http://www.slate.com/articles/news_and_politics/jurisprudence/2012/10/ohio_voter_laws_the_battle_over_disenfranchisement_you_haven_t_heard_about_.html>e: "This 'right church, wrong pew' problem with precinct ballots was a big problem in 2008, when over 14,000 such ballots were cast."
The 14,000+ number is all wrong precinct ballots, not just those in the right church. It's possible that only about 35% of all wrong precinct ballots will now be counted because of this decision. In 2008, 34% of Cuyahoga County's wrong precinct ballots were cast in the right polling place while 32% were cast in the right polling place in Hamilton County. Source: Final Report<http://brennan.3cdn.net/9ccb57cb5de1711173_nkm6bqc3y.pdf#page=54> 2008 - 2009 Ohio Election Summit and Conference, Brennan Center.
The 6th Circuit's decision today only ensures that right church ballots are counted and leaves open a window for wrong church ballots to be counted (but they say in Footnote 6 that that issue wasn't before them this time).
I appreciate the clarification. It will be interesting to see if SEIU now asks for a broader order covering additional wrong precinct ballots. Here's what fn. 6 of yesterday's opinion says: "Our ruling does not preclude the SEIU appellees or others from seeking broader relief for pollworker-induced wrong-place/wrong-precinct provisional ballots upon a showing that Ohio's law unconstitutionally burdens those voters' rights. As those issues are not before us, we express no view on their merits."
It will be important to get clarification on this issue before Election Day, suggesting the case may not be over.
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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
"New Report Says 2012 Presidential Primary Turnout Down; Should Election Geeks Worry?"<http://electionlawblog.org/?p=41537>
Posted on October 12, 2012 9:33 am<http://electionlawblog.org/?p=41537> by Rick Hasen<http://electionlawblog.org/?author=3>
A ChapinBlog<http://blog.lib.umn.edu/cspg/electionacademy/2012/10/new_report_says_2012_primary_t.php?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+HHHElections+%28The+Election+Aacdemy%29>.
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Posted in election administration<http://electionlawblog.org/?cat=18>, voting<http://electionlawblog.org/?cat=31> | Comments Off
"Video: Unions Fine Members Who Don't Show Support for Elizabeth Warren"<http://electionlawblog.org/?p=41534>
Posted on October 12, 2012 9:20 am<http://electionlawblog.org/?p=41534> by Rick Hasen<http://electionlawblog.org/?author=3>
The Weekly Standard reports.<http://www.weeklystandard.com/blogs/are-unions-fining-members-who-dont-support-warren_654203.html>
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Posted in campaigns<http://electionlawblog.org/?cat=59> | Comments Off
"Brown-Warren Pact Undone as Outside Groups See Loopholes"<http://electionlawblog.org/?p=41531>
Posted on October 12, 2012 9:17 am<http://electionlawblog.org/?p=41531> by Rick Hasen<http://electionlawblog.org/?author=3>
Bloomberg reports<http://www.bloomberg.com/news/2012-10-12/brown-warren-pact-undone-as-outside-groups-see-loopholes.html?alcmpid=politics>.
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Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"Supreme Court Delays Until After Election Response Deadline in Major Disclosure Case"<http://electionlawblog.org/?p=41529>
Posted on October 12, 2012 9:17 am<http://electionlawblog.org/?p=41529> by Rick Hasen<http://electionlawblog.org/?author=3>
Bloomberg BNA<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=28370859&vname=mpebulallissues&jd=a0d4z1g7j0&split=0>: "The Supreme Court has put off until after the Nov. 6 election deciding whether to review the constitutionality of campaign finance disclosure rules for an organization that says it is focused on policy issues, not political campaigns. In an Oct. 11 order, the court extended an Oct. 12 deadline for the government to respond to a challenge of Federal Election Commission disclosure requirements. The new deadline for a response is Nov. 13. The challenge comes in a long-running case brought by an anti-abortion organization called Real Truth About Abortion (RTAA), which wanted to sponsor political ads in 2008 targeting President Obama (Real Truth About Abortion v. FEC, U.S., No. 12-311, cert. petition filed 9/10/12; 3352 Money & Politics Report, 9/20/12<http://news.bna.com/mpdm/display/link_res.adp?fedfid=28370859&fname=a0d4r8q0v6&vname=mpebulallissues>)."
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Posted in Uncategorized<http://electionlawblog.org/?cat=1> | Comments Off
"Confusion Sown in Pennsylvania by Lingering Voter-ID Ads"<http://electionlawblog.org/?p=41526>
Posted on October 12, 2012 9:14 am<http://electionlawblog.org/?p=41526> by Rick Hasen<http://electionlawblog.org/?author=3>
Bloomberg reports.<http://www.bloomberg.com/news/2012-10-12/confusion-sown-in-pennsylvania-by-lingering-voter-id-ads.html?alcmpid=politics>
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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
Once More: On Election Crimes, Voter Fraud, Registration Fraud, and the Need for Voter ID<http://electionlawblog.org/?p=41523>
Posted on October 12, 2012 9:07 am<http://electionlawblog.org/?p=41523> by Rick Hasen<http://electionlawblog.org/?author=3>
In light of the O'Keefe circus, which no doubt will produce more hapless staffers apparently going along with O'Keefe operatives' suggestions of fake crimes, I thought this quick reminder/primer would be in order (much more detail on all of this in 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>):
Here's what we know about in-person, impersonation fraud. Almost all the fraud that occurs in relation to election falls into three categories: election crimes committed by election officials (Cudahy<http://latimesblogs.latimes.com/lanow/2012/07/cudahy-corruption-election-fraud.html> is a recent colorful example), voter registration fraud (a la ACORN workers and now apparently Sproul workers-though there is still an investigation of those), and absentee ballot fraud. This usually occurs through vote buying and there are examples of such fraud in every election. See Adam Liptak's recent piece<http://www.nytimes.com/2012/10/07/us/politics/as-more-vote-by-mail-faulty-ballots-could-impact-elections.html>. The Justice Dept. under Bush spent five years going after election crimes and voter fraud, and almost all the cases it found (I believe it was reported first as 86 and then as 120) fell into these categories. There were no cases of in person, impersonation fraud-the primary type of fraud which a state voter id law can prevent.
For my book, I tried to find a single example of impersonation fraud at the polls, done without the cooperation of election officials (because a voter id law would not prevent that), in the last generation, where the results could arguably have been called into question by such fraud. I could not find one. Nor can those who tout the voter fraud claims find one. Von Spakovsky pointed to what he called "extensive impersonation fraud" in a Heritage report (and related FOX News oped) based upon a 1984 grand jury report<http://electionlawblog.org/?p=23572> from Brooklyn. He stonewalled on giving me the report and when UCI librarians tracked it down it did not support his claim: the crimes were almost all by election officials and party officials. (Note that crimes committed in the 1970s are particularly relevant to what is going on today in any case....).
News21 <http://openchannel.nbcnews.com/_news/2012/08/11/13236464-new-database-of-us-voter-fraud-finds-no-evidence-that-photo-id-laws-are-needed> did a recent comprehensive study of all reports by prosecutors of election crimes since 2000. They found only 10 prosecutions for impersonation fraud across the country (leading to what looks like 7 convictions), with none of them tied to any kind of conspiracy to steal the vote. This compares to 491 cases of absentee ballot fraud and 400 cases of registration fraud. There is no reason to believe that impersonation fraud would be harder to detect than these other kinds of fraud. Instead, because it would involve a conspiracy among a number of individuals going to the polls and claiming to be someone else listed on the polls (someone out of the area, or dead, or false registered-though we don't see case of that), it should be easier to detect. The reason this kind of fraud doesn't happen except in very rare circumstances is that it is an exceedingly dumb way to steal an election. Election official fraud and absentee ballot fraud are easier and therefore more prevalent.
There are cases of double voting across states, but state id laws are not the best way to catch that. The best way is with a national id, which is something I'd support if it were coupled with universal voter registration done by the federal government.
I've written too about how it is very hard for plaintiffs in the voter id challenges (putting aside Pa., which did not have its act together in time) to find real eligible voters who (1) lack id; (2) would have trouble getting the id; and (3) want to vote. There are some, and the question is one of cost and benefits: state voter id laws inconvenience a lot of people without much anti-fraud payoff. And compare that to cutting back on absentee ballots to prevent that kind of fraud. As I recently wrote<http://campaignstops.blogs.nytimes.com/2012/08/05/a-dtente-before-the-election/?ref=opinion>:
Recently, officials<http://latimesblogs.latimes.com/lanow/2012/07/cudahy-corruption-election-fraud.html> in Cudahy, Calif., admitted intercepting absentee ballots and throwing out ballots not cast for incumbents. Every year we see convictions for absentee ballot fraud. Not a lot, but enough to know it's a problem.
So you might think that Republicans, newly obsessed with voter fraud, would call for eliminating absentee ballots, or at least requiring that voters who use them show some need, like a medical condition. But Republicans don't talk much about reining in absentee ballots. Eliminating them would inconvenience some voters and would likely cut back on voting by loyal Republican voters, especially elderly and military voters.
If only Republicans would apply that same logic to voter-identification laws. The only kind of fraud such ID laws prevent is impersonation: a person registered under a false name or claiming to be someone else on the voter rolls.
I have not found a single election over the last few decades in which impersonation fraud had the slightest chance of changing an election outcome - unlike absentee-ballot fraud, which changes election outcomes regularly. (Let's face it: impersonation fraud is an exceedingly dumb way<http://electionlawblog.org/?p=23053> to try to steal an election.)
Pointing to a few isolated cases<http://electionlawblog.org/?p=33751> of impersonation fraud does not prove that a state identification requirement makes sense. As with restrictions on absentee ballots, we need to weigh the costs of imposing barriers on the right to vote against the benefits of fraud protection.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60> | Comments Off
""Right Church, Wrong Pew" Ballots Must Count: a Cause for Celebration"<http://electionlawblog.org/?p=41521>
Posted on October 12, 2012 9:02 am<http://electionlawblog.org/?p=41521> by Rick Hasen<http://electionlawblog.org/?author=3>
Ned Foley blogs<http://moritzlaw.osu.edu/electionlaw/freefair/index.php?ID=9859> on yesterday's Sixth Circuit decision.
[cid:image001.png at 01CDA8A5.57FBEA90]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D41521&title=%E2%80%9C%E2%80%9CRight%20Church%2C%20Wrong%20Pew%E2%80%9D%20Ballots%20Must%20Count%3A%20a%20Cause%20for%20Celebration%E2%80%9D&description=About%20Those%20Wrong%20Precinct%20Provisional%20Ballots%>
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
Sherman-Berman May Be the Ugliest Congressional Race in America<http://electionlawblog.org/?p=41518>
Posted on October 12, 2012 9:00 am<http://electionlawblog.org/?p=41518> by Rick Hasen<http://electionlawblog.org/?author=3>
Watch the video.<http://politicalwire.com/archives/2012/10/12/candidates_nearly_get_in_fight.html#050817a>
Talk about negativity as demobilizing. I'm ready to not vote for either of these clowns in my district.
[cid:image001.png at 01CDA8A5.57FBEA90]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D41518&title=Sherman-Berman%20May%20Be%20the%20Ugliest%20Congressional%20Race%20in%20America&description=About%20Those%20Wrong%20Precinct%20Provisional%20Ballots%20at%20Issue%20in%20Sixth%20Circuit%20Case%E2%80>
Posted in campaigns<http://electionlawblog.org/?cat=59> | Comments Off
"Why Can't You Vote Online?"<http://electionlawblog.org/?p=41515>
Posted on October 11, 2012 3:21 pm<http://electionlawblog.org/?p=41515> by Rick Hasen<http://electionlawblog.org/?author=3>
The Verge reports<http://www.theverge.com/2012/10/11/3479170/why-cant-you-vote-online-elections-us>.
[cid:image001.png at 01CDA8A5.57FBEA90]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D41515&title=%E2%80%9CWhy%20Can%E2%80%99t%20You%20Vote%20Online%3F%E2%80%9D&description=About%20Those%20Wrong%20Precinct%20Provisional%20Ballots%20at%20Issue%20in%20Sixth%20Circuit%20Case%E2%80%A6%0APosted%20on>
Posted in election administration<http://electionlawblog.org/?cat=18>, internet voting<http://electionlawblog.org/?cat=49>, voting technology<http://electionlawblog.org/?cat=40> | Comments Off
"Localist Statutory Interpretation"<http://electionlawblog.org/?p=41511>
Posted on October 11, 2012 2:34 pm<http://electionlawblog.org/?p=41511> by Rick Hasen<http://electionlawblog.org/?author=3>
Ethan Leib has posted this draft<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2159704> on SSRN (forthcoming, U Pa. L. Rev.). Here is the abstract:
This paper argues for more attention to citizens' point of contact with our legal system within local courts - and makes an effort to conceptualize local judges as parts of local governments. Once the paper highlights the role of local courts within the constellation of local government, it offers an argument for why certain forms of "localist judging" are appropriate postures for local judges to take when confronted with hard cases of statutory interpretation. The paper explores the virtues of a type of "intrastate judicial federalism."
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Posted in statutory interpretation<http://electionlawblog.org/?cat=21> | Comments Off
"Voter ID-Law Supporters Accuse Opponents Of Wanting Illegal Votes"<http://electionlawblog.org/?p=41508>
Posted on October 11, 2012 2:24 pm<http://electionlawblog.org/?p=41508> by Rick Hasen<http://electionlawblog.org/?author=3>
Froomkin reports<http://www.huffingtonpost.com/2012/10/11/voter-id-supporters_n_1958935.html>.
[cid:image001.png at 01CDA8A5.57FBEA90]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D41508&title=%E2%80%9CVoter%20ID-Law%20Supporters%20Accuse%20Opponents%20Of%20Wanting%20Illegal%20Votes%E2%80%9D&description=About%20Those%20Wrong%20Precinct%20Provisional%20Ballots%20at%20Issue%20in%20Sixth%20>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60> | Comments Off
"Court rejects Ohio voting law on tossing ballots filed in wrong precincts"<http://electionlawblog.org/?p=41505>
Posted on October 11, 2012 2:04 pm<http://electionlawblog.org/?p=41505> by Rick Hasen<http://electionlawblog.org/?author=3>
CBS News reports.<http://www.cbsnews.com/8301-250_162-57530829/court-rejects-ohio-voting-law-on-tossing-ballots-filed-in-wrong-precincts/>
[cid:image001.png at 01CDA8A5.57FBEA90]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D41505&title=%E2%80%9CCourt%20rejects%20Ohio%20voting%20law%20on%20tossing%20ballots%20filed%20in%20wrong%20precincts%E2%80%9D&description=About%20Those%20Wrong%20Precinct%20Provisional%20Ballots%20at%20Issue%2>
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
"LULAC Files Action Against Harris County, Texas to Stop Discriminatory Practices Aimed at Preventing Minorities From Voting"<http://electionlawblog.org/?p=41502>
Posted on October 11, 2012 2:02 pm<http://electionlawblog.org/?p=41502> by Rick Hasen<http://electionlawblog.org/?author=3>
See this press release<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=1923:october-11-2012-lulac-files-action-against-harris-county-texas-to-stop-discriminatory-practices-aimed-at-preventing-minorities-from-voting&catid=63:legal-center-press-releases&Itemid=61>.
[cid:image001.png at 01CDA8A5.57FBEA90]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D41502&title=%E2%80%9CLULAC%20Files%20Action%20Against%20Harris%20County%2C%20Texas%20to%20Stop%20Discriminatory%20Practices%20Aimed%20at%20Preventing%20Minorities%20From%20Voting%E2%80%9D&description=About%20T>
Posted in The Voting Wars<http://electionlawblog.org/?cat=60>, voting<http://electionlawblog.org/?cat=31>, Voting Rights Act<http://electionlawblog.org/?cat=15> | Comments Off
"Ohio Must Count Ballots Cast in Wrong Precinct"<http://electionlawblog.org/?p=41500>
Posted on October 11, 2012 1:54 pm<http://electionlawblog.org/?p=41500> by Rick Hasen<http://electionlawblog.org/?author=3>
Roll Call reports<http://www.rollcall.com/news/ohio_must_count_ballots_cast_in_wrong_precinct-218155-1.html>.
[cid:image001.png at 01CDA8A5.57FBEA90]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D41500&title=%E2%80%9COhio%20Must%20Count%20Ballots%20Cast%20in%20Wrong%20Precinct%E2%80%9D&description=About%20Those%20Wrong%20Precinct%20Provisional%20Ballots%20at%20Issue%20in%20Sixth%20Circuit%20Case%E2%80%>
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
Speaking About "The Voting Wars" at UCLA October 17<http://electionlawblog.org/?p=41497>
Posted on October 11, 2012 1:47 pm<http://electionlawblog.org/?p=41497> by Rick Hasen<http://electionlawblog.org/?author=3>
Details here<http://www.acslaw.org/events/2012-10-17/the-voting-wars-from-florida-2000-to-the-next-election-meltdown>.
[cid:image001.png at 01CDA8A5.57FBEA90]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D41497&title=Speaking%20About%20%E2%80%9CThe%20Voting%20Wars%E2%80%9D%20at%20UCLA%20October%2017&description=About%20Those%20Wrong%20Precinct%20Provisional%20Ballots%20at%20Issue%20in%20Sixth%20Circuit%20Case%E>
Posted in The Voting Wars<http://electionlawblog.org/?cat=60> | Comments Off
"Politics to the Extreme: American Political Institutions in the 21st Century"<http://electionlawblog.org/?p=41494>
Posted on October 11, 2012 1:44 pm<http://electionlawblog.org/?p=41494> by Rick Hasen<http://electionlawblog.org/?author=3>
I'll be commenting on a paper at this great event<http://polsci.csuci.edu/politicstotheextreme.htm> at CSU Channel Islands on Tuesday. Looking forward to seeing my friends Norm Ornstein and Tom Mann, along with many others. Here's the schedule<http://polsci.csuci.edu/documents/schedulev3.pdf>.
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Posted in political polarization<http://electionlawblog.org/?cat=68> | Comments Off
"Parties Prepare for Post-Election Legal Battles"<http://electionlawblog.org/?p=41491>
Posted on October 11, 2012 1:27 pm<http://electionlawblog.org/?p=41491> by Rick Hasen<http://electionlawblog.org/?author=3>
Yes, in case you were wondering journalists, it is time for the armies of lawyers stories<http://www.rollcall.com/issues/58_28/Parties-Prepare-for-Post-Election-Legal-Battles-218128-1.html?pos=htmbtxt>.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60> | Comments Off
Ramesh Ponnuru on Fact Checking<http://electionlawblog.org/?p=41488>
Posted on October 11, 2012 1:24 pm<http://electionlawblog.org/?p=41488> by Rick Hasen<http://electionlawblog.org/?author=3>
Interesting piece<http://www.nationalreview.com/articles/329964/he-lies-they-commanded-ramesh-ponnuru> (via Jonathan Adler<http://www.volokh.com/2012/10/11/the-fact-checkers-conceit/>).
I've been reading a lot of this stuff since I've been working on my campaign lies and the First Amendment paper<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2151618>, and the debate over fact checking is fascinating!
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Posted in campaigns<http://electionlawblog.org/?cat=59> | Comments Off
CNN Has a "Racial Voting Bloc Calculator" on Its Website<http://electionlawblog.org/?p=41485>
Posted on October 11, 2012 1:11 pm<http://electionlawblog.org/?p=41485> by Rick Hasen<http://electionlawblog.org/?author=3>
Wonder what others will think of this.<http://www.cnn.com/interactive/2012/10/politics/voting-bloc-calculator/index.html?hpt=hp_t2>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1> | Comments Off
Is True the Vote More Bark Than Bite?<http://electionlawblog.org/?p=41482>
Posted on October 11, 2012 1:10 pm<http://electionlawblog.org/?p=41482> by Rick Hasen<http://electionlawblog.org/?author=3>
This piece is very important <http://prospect.org/article/whats-truth-about-true-vote> and strikes me as exactly right. In fact, I was toying with writing a piece called "Who's Afraid of True the Vote?" but this beat me to it.
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60> | Comments Off
"Washington group asks for Clear Channel to remove voter fraud billboards"<http://electionlawblog.org/?p=41479>
Posted on October 11, 2012 1:02 pm<http://electionlawblog.org/?p=41479> by Rick Hasen<http://electionlawblog.org/?author=3>
The Plain Dealer reports.<http://www.cleveland.com/metro/index.ssf/2012/10/washington_group_asks_for_clea.html>
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60> | Comments Off
"Ohio elections chief Jon Husted restricts methods to notify voters of absentee ballot errors"<http://electionlawblog.org/?p=41477>
Posted on October 11, 2012 1:00 pm<http://electionlawblog.org/?p=41477> by Rick Hasen<http://electionlawblog.org/?author=3>
Jon Husted<http://www.cleveland.com/open/index.ssf/2012/10/ohio_elections_chief_restricts.html> is starting<http://www.plunderbund.com/2012/10/08/jon-husted-forbids-boards-of-election-from-callingemailing-voters-about-absentee-ballot-mistakes/> to look a lot more like Ken Blackwell and Jennifer Brunner than I had hoped (h/t Maddowblog<http://maddowblog.msnbc.com/_news/2012/10/11/14372246-ohios-husted-loses-another-round-still-working-to-make-voting-harder?lite>).
And he's got more decisions to make as counties start deadlocking<http://www.toledoblade.com/Politics/2012/10/10/Husted-to-decide-last-3-days-early-vote-hours-in-Lucas-County.html> on early voting for those last three days, as ordered by the Sixth Circuit.
How about some uniformity there too?
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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
"States Roll Out and Expand Online Voter Registration, Increase Efficiencies"<http://electionlawblog.org/?p=41474>
Posted on October 11, 2012 12:00 pm<http://electionlawblog.org/?p=41474> by Rick Hasen<http://electionlawblog.org/?author=3>
Pew data dispatch<http://www.pewstates.org/research/analysis/states-roll-out-and-expand-online-voter-registration-increase-efficiencies-85899422920>.
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Posted in election administration<http://electionlawblog.org/?cat=18>, voter registration<http://electionlawblog.org/?cat=37>, voting technology<http://electionlawblog.org/?cat=40> | Comments Off
"Fightback on Voting Rights"<http://electionlawblog.org/?p=41471>
Posted on October 11, 2012 11:58 am<http://electionlawblog.org/?p=41471> by Rick Hasen<http://electionlawblog.org/?author=3>
Ari Berman writes<http://www.thenation.com/article/170493/fightback-voting-rights> for The Nation.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voting<http://electionlawblog.org/?cat=31>, Voting Rights Act<http://electionlawblog.org/?cat=15> | Comments Off
"DNC Fires Employee Featured In James O'Keefe Video"<http://electionlawblog.org/?p=41468>
Posted on October 11, 2012 11:55 am<http://electionlawblog.org/?p=41468> by Rick Hasen<http://electionlawblog.org/?author=3>
TPM<http://tpmmuckraker.talkingpointsmemo.com/2012/10/dnc_fires_employee_james_okeefe_video.php?ref=fpnewsfeed>: "The Democratic National Committee on Wednesday fired a Texas staffer who appeared to offer to help someone figure out how to vote simultaneously in two states in undercover video released by conservative activist James O'Keefe."
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Posted in chicanery<http://electionlawblog.org/?cat=12>, The Voting Wars<http://electionlawblog.org/?cat=60> | Comments Off
"In a super PAC world, Democrats win using small donors"<http://electionlawblog.org/?p=41465>
Posted on October 11, 2012 11:36 am<http://electionlawblog.org/?p=41465> by Rick Hasen<http://electionlawblog.org/?author=3>
The Fix reports<http://www.washingtonpost.com/blogs/the-fix/wp/2012/10/11/in-a-super-pac-world-democrats-win-using-small-donors/>.
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Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
In the Ohio Early Voting Case, Is it Better for SCOTUS to Be Unanimous Than Right?<http://electionlawblog.org/?p=41462>
Posted on October 11, 2012 11:26 am<http://electionlawblog.org/?p=41462> by Rick Hasen<http://electionlawblog.org/?author=3>
Ned Foley makes the case<http://moritzlaw.osu.edu/electionlaw/freefair/index.php?ID=9855>.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voting<http://electionlawblog.org/?cat=31> | Comments Off
"Tribal members sue for voting access"<http://electionlawblog.org/?p=41459>
Posted on October 11, 2012 11:23 am<http://electionlawblog.org/?p=41459> by Rick Hasen<http://electionlawblog.org/?author=3>
News<http://missoulian.com/news/state-and-regional/tribal-members-sue-for-voting-access/article_5c0576e8-13b1-11e2-bdfd-001a4bcf887a.html> from Montana: "A group of American Indians from the Crow, Northern Cheyenne and Fort Belknap reservations sued state and county election officials in federal court on Wednesday, seeking equal access to voting through satellite offices."
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Posted in election administration<http://electionlawblog.org/?cat=18>, voting<http://electionlawblog.org/?cat=31>, Voting Rights Act<http://electionlawblog.org/?cat=15> | Comments Off
"Election administration issues on ballot in several states"<http://electionlawblog.org/?p=41456>
Posted on October 11, 2012 11:19 am<http://electionlawblog.org/?p=41456> by Rick Hasen<http://electionlawblog.org/?author=3>
That's the lead story in this week's Electionline Weekly.<http://www.electionline.org/index.php/electionline-weekly>
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Posted in election administration<http://electionlawblog.org/?cat=18> | Comments Off
Breaking News: Sixth Circuit Decides Provisional Ballot Cases, Finds Constitutional Violation in Not Counting Certain Wrong Precinct Ballots<http://electionlawblog.org/?p=41452>
Posted on October 11, 2012 9:32 am<http://electionlawblog.org/?p=41452> by Rick Hasen<http://electionlawblog.org/?author=3>
The Sixth Circuit has decided SEIU v. Husted<http://www.ca6.uscourts.gov/opinions.pdf/12a0359p-06.pdf> and NEOCH v. Husted in a single opinion.
This is the most important decision in this election cycle, and it represents a major victory for voters' rights, regardless of party. It is especially important because this was a very conservative Sixth Circuit panel, and it affirms the idea that Bush v. Gore and Sixth Circuit precedent requires some degree of uniformity and fairness in the counting of ballots. My worst fears about this case, expressed in this Slate piece<http://www.slate.com/articles/news_and_politics/jurisprudence/2012/10/ohio_voter_laws_the_battle_over_disenfranchisement_you_haven_t_heard_about_.html>, have fortunately not been realized.
The procedural history and issues in this case are complicated, and one aspect of the opinion is being sent back to the lower court for clarification and to make sure an earlier remedy does not create its own "Bush v. Gore problem" (in the 6th Circuit's words), but the main point is this: it violates the Constitution (equal protection and due process) for the state of Ohio to fail to count ballots cast in the right location but in the wrong precinct solely because of poll worker error. As I stated in my Slate piece: "This is crazy. Amid all the fights over voter ID laws<http://www.post-gazette.com/stories/local/state/appeals-judge-set-to-rule-on-legitimacy-of-pas-new-voter-id-law-655226/>, purging noncitizens<http://articles.chicagotribune.com/2012-09-27/news/sns-rt-us-usa-campaign-voting-floridabre88q1qo-20120927_1_integrity-of-florida-elections-voter-rolls-state-ken-detzner> from voter rolls, and early<http://www.businessweek.com/news/2012-09-24/florida-needn-t-expand-early-voting-hours-judge-rules> voting<http://www.businessweek.com/news/2012-08-31/ohio-early-voting-days-must-be-equal-for-all-u-dot-s-dot-judge-rules>, we should at least be able to agree, across partisan lines, on one thing: No one should lose the right to vote because a poll worker can't tell an odd from an even number."
Today the panel agreed. Two excerpts:
The application of Ohio Rev. Code §§ 3505.183(B)(4)(a)(ii) and (B)(4)(b)(ii) to right-place/wrong-precinct ballots caused by poll-worker error effectively requires voters to have a greater knowledge of their precinct, precinct ballot, and polling place than poll workers. Absent such omniscience, the State will permanently reject their ballots without an opportunity to cure the situation. The mere fact that these voters cast provisional ballots does not justify this additional burden; as the district court explained, Ohio law now requires thirteen different categories of voters to cast provisional ballots, ranging from individuals who do not have an acceptable form of identification to those who requested an absentee ballot or whose signature was deemed by the precinct official not to match the name on the registration forms....
Nor has the State shown abuse in the district court's fashioning of injunctive relief tailored to the identified harm. The State would disqualify thousands of rightplace/wrong-precinct provisional ballots, where the voter's only mistake was relying on the poll-worker's precinct guidance. That path unjustifiably burdens these voters' fundamental right to vote. Recognizing that a prospective remedy could not undo all of the harm occasioned by poll-worker error, the district court crafted a narrow remedy that preserves as much of a miscast ballot as possible.
The state could now try to go to the en banc Sixth Circuit or to the Supreme Court. But this ruling has got to be right, and I hope the state leaves this alone and does not go further. I also think this opinion can be very important as precedent in future cases in stopping the most egregious poor treatment of voters going forward.
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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
--
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<mailto: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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