[EL] more news 10/12/12
Rick Hasen
rhasen at law.uci.edu
Fri Oct 12 17:55:18 PDT 2012
Relying in Part on Bush v. Gore, Obama Campaign Pushes for Ohio
Early Voting in Supreme Court <http://electionlawblog.org/?p=41599>
Posted on October 12, 2012 5:43 pm <http://electionlawblog.org/?p=41599>
by Rick Hasen <http://electionlawblog.org/?author=3>
Via SCOTUSBlog,
<http://www.scotusblog.com/2012/10/last-weekend-voting-urged/> comes a
link to the Obama opposition
<http://sblog.s3.amazonaws.com/wp-content/uploads/2012/10/12A338-Democrats-response.pdf>
to the State of Ohio's emergency application
<http://sblog.s3.amazonaws.com/wp-content/uploads/2012/10/Ohio-voting-applic-12A338.pdf>
to Justice Kagan (and presumably the Supreme Court) to put on hold the
Sixth Circuit's recent order requiring Ohio county election officials to
offer early voting to everyone on the last three days before the
election if it is offered to military voters. Ohio had early voting in
2008 but got rid of it this year, except for certain military and
overeas voters. A federal district court held that U.S. constitutional
equal protection principles required the extension of early voting to
all, a ruling somewhat modified by the Sixth Circuit. (More on these
rulings here <http://electionlawblog.org/?p=41350> and here
<http://electionlawblog.org/?p=41187>.)
SCOTUSBlog also reports on the amicus briefs: "The Democrats picked up
the support for their side in this dispute by a group of Democratic
state senators (their/amicus/ brief is here
<http://sblog.s3.amazonaws.com/wp-content/uploads/2012/10/12A338-Ohio-Senate-amicus-brief.pdf>),
while the state's leaders picked up the support of 15 other states
(their/amicus/ brief here
<http://sblog.s3.amazonaws.com/wp-content/uploads/2012/10/12A338-15-states-amicus-brief.pdf>).
In addition, the state also gained support from military and veterans'
organizations, who had also taken part in the lower court proceedings
(their /amicus/ brief is here
<http://sblog.s3.amazonaws.com/wp-content/uploads/2012/10/12A338-military-groups-amicus.pdf>.)"
Of all the filed briefs, only the Obama campaign brief even mentions
/Bush v. Gore/, though I think it is hard to see how the equal
protection holdings of the lower courts could be justified without that
case. In part, here is what the brief says on the relevance of this
case---one which the Supreme Court has never cited for any purpose since
it was decided in December 2000:
The Constitution safeguards not only the abstract right to vote, but
also the integrity of the electoral process: "The right to vote is
protected in more than the initial allocation of the franchise."
Bush v. Gore, 531 U.S. at 104. "Equal protection applies as well to
the /manner of its exercise./" Id. (emphasis added). Every "citizen
has a constitutionally protected right to participate in elections
on an equal basis with other citizens in the jurisdiction." Dunn v.
Blumstein, 405 U.S. 330, 336 (1972); see Harper v. Va. State Bd. of
Elections, 383 U.S. 663, 665-70 (1966)...
Where, as here, the challenged restriction is /not/ evenhanded, that
disparate treatment itself requires justification. See, e.g.,
Harper, 383 U.S. at 667-70. Put differently, the decision of the
State to turn away some voters and not others from an open polling
place itself imposes a burden on the exercise of the franchise. See
Bush v. Gore, 531 U.S. at 104 (emphasizing the "equal weight
accorded to each vote and the equal dignity owed to each voter").
"Having once granted the right to vote on equal terms, the State may
not, by later /arbitrary and disparate/ treatment, value one
person's vote over that of another." Bush v. Gore, 531 U.S. at
104-05 (emphasis added). Accordingly, the restriction presently
before the Court cannot be sustained absent a relevant, legitimate
justification. See Crawford, 553 U.S. at 189-90; Burdick, 504 U.S.
at 434....
The Court is unlikely to reverse the decision below because it is
correct. The Equal Protection Clause prohibits states from providing
differential access to the ballot box on arbitrary terms. Yet that
is precisely what is threatened by the statute under review. On
October 2, 2012, 35 days before Election Day, polling places opened
across Ohio for all voters.7 But absent the district court's
injunction, on the final three days before Election Day, those
polling places will close for some---but not all---voters. That
selective access to voting, unique to Ohio, has no justification.
Rather, it is the consequence of a muddled legislative process
marked by incoherence and confusion.
This arbitrary and irrational discrimination between voters violates
the Equal Protection Clause. In light of Ohio's troubled history of
election administration, the State made the decision to expand the
period in which voters may cast their ballots in person. Having done
so, the State may not arbitrarily exclude some voters, but not
others, from the polling place on any day during the voting period.
Bush v. Gore, 531 U.S. 98, 104-05 (2000).
Reading /Bush v. Gore/ broadly to contain this nonretrogression
principle is sure to be controversial. The question is whether it is
controversial enough to prompt the Court's intervention is hard to say.
The 15 states raising a federalism issue---and I believe each of those
states signing this brief has a Republican attorney general---signals
both the partisan and ideological stakes in this case.
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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
"Officials want late absentee ballots counted"
<http://electionlawblog.org/?p=41596>
Posted on October 12, 2012 5:16 pm <http://electionlawblog.org/?p=41596>
by Rick Hasen <http://electionlawblog.org/?author=3>
LANSING, Mich. (AP)
<http://www.wnem.com/story/19808340/officials-want-late-absentee-ballots-counted>
-- Secretary of State
<http://www.wnem.com/story/19808340/officials-want-late-absentee-ballots-counted#>
Ruth Johnson and Attorney General Bill Schuette want clerks in two dozen
Michigan communities to extend the counting deadline for absentee
ballots sent to residents overseas and in the military.
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Posted in absentee ballots <http://electionlawblog.org/?cat=53>,
election administration <http://electionlawblog.org/?cat=18>, military
voting <http://electionlawblog.org/?cat=48>, The Voting Wars
<http://electionlawblog.org/?cat=60> | Comments Off
"Ohio counties challenge Husted over early voting"
<http://electionlawblog.org/?p=41594>
Posted on October 12, 2012 3:31 pm <http://electionlawblog.org/?p=41594>
by Rick Hasen <http://electionlawblog.org/?author=3>
This item
<http://maddowblog.msnbc.com/_news/2012/10/12/14398161-ohio-counties-challenge-husted-over-early-voting?lite>
appears on the Maddowblog.
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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
More on the Number of Provisional Ballots Affected by the 6th
Circuit Ruling <http://electionlawblog.org/?p=41591>
Posted on October 12, 2012 3:24 pm <http://electionlawblog.org/?p=41591>
by Rick Hasen <http://electionlawblog.org/?author=3>
Following up on this post, <http://electionlawblog.org/?p=41540> Larry
Norden <http://www.brennancenter.org/people/norden_lawrence/> writes:
Rick, thanks to your reader for citing my report
<http://brennan.3cdn.net/9ccb57cb5de1711173_nkm6bqc3y.pdf#page=54>. 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.
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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
"As Election Day nears, voter ID laws still worry some, encourage
others" <http://electionlawblog.org/?p=41589>
Posted on October 12, 2012 3:21 pm <http://electionlawblog.org/?p=41589>
by Rick Hasen <http://electionlawblog.org/?author=3>
CNN reports
<http://www.cnn.com/2012/10/12/politics/voter-laws-update/index.html>.
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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
"Election Simulations From 1960-2008 Show That Electoral College
Rules Don't Help Either Party, but Do Harm American Democracy"
<http://electionlawblog.org/?p=41586>
Posted on October 12, 2012 3:19 pm <http://electionlawblog.org/?p=41586>
by Rick Hasen <http://electionlawblog.org/?author=3>
This item
<http://www.fairvote.org/election-simulations-from-1960-2008-show-that-electoral-college-rules-don-t-help-either-party-but-do-harm-american-democracy#.UHiXNRi1lc1>appears
at FairVote.
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Posted in electoral college <http://electionlawblog.org/?cat=44> |
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"Democracy Project Forum: Will voters turn out for the general
election and is this indicative of increasing polarization in our
politics?" <http://electionlawblog.org/?p=41583>
Posted on October 12, 2012 3:15 pm <http://electionlawblog.org/?p=41583>
by Rick Hasen <http://electionlawblog.org/?author=3>
Lots of top people with guest posts on this topic over at the Bipartisan
Policy Center
<http://bipartisanpolicy.org/blog/2012/10/democracy-project-forum-will-voters-turnout-general-election-and-indicative-increasing->.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
voting <http://electionlawblog.org/?cat=31> | Comments Off
"Mario Gallegos hospitalized in grave condition"
<http://electionlawblog.org/?p=41580>
Posted on October 12, 2012 2:21 pm <http://electionlawblog.org/?p=41580>
by Rick Hasen <http://electionlawblog.org/?author=3>
Sad news
<http://www.click2houston.com/news/Mario-Gallegos-hospitalized-in-grave-condition/-/1735978/16968842/-/wewkwv/-/index.html>.
I've been talking about Senator Gallegos during my book tour. As the
linked article explains: "The retired firefighter earned a reputation
for toughness in 2007 when he showed up for a critical vote just a few
weeks after undergoing a liver transplant. He set up a hospital bed
outside the Senate chamber to make sure he could block a bill that would
have required a photo ID to vote. The Senate passed the bill four years
later."
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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
"Observers: Politics drive election complaints, but accusations
serve purpose" <http://electionlawblog.org/?p=41577>
Posted on October 12, 2012 2:05 pm <http://electionlawblog.org/?p=41577>
by Rick Hasen <http://electionlawblog.org/?author=3>
Bangor Daily News
<http://bangordailynews.com/2012/10/12/politics/observers-politics-drive-election-complaints-but-accusations-serve-purpose/?ref=videos>:
"The allegations of election-law violations are piling up at both the
state and federal levels this campaign season, a common development in
the weeks leading up to an election. And while few deny political
motivations are behind many of them, election-law specialists say such
complaints are a necessary part of enforcing campaign finance laws and
keeping the activities of a growing slate of political actors in check."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
campaigns <http://electionlawblog.org/?cat=59> | Comments Off
Watch the CNN Documentary This Sunday, "Who Counts?", on the 2012
Battles in the Voting Wars <http://electionlawblog.org/?p=41573>
Posted on October 12, 2012 2:00 pm <http://electionlawblog.org/?p=41573>
by Rick Hasen <http://electionlawblog.org/?author=3>
Details here.
<http://cnnpressroom.blogs.cnn.com/2012/09/28/cnns-joe-johns-investigates-impact-of-tough-new-voter-laws-on-2012-election/>
I was interviewed a few times for this video and look forward to
watching it.
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60> |
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"Ohio voter fraud billboards will stay"
<http://electionlawblog.org/?p=41570>
Posted on October 12, 2012 1:56 pm <http://electionlawblog.org/?p=41570>
by Rick Hasen <http://electionlawblog.org/?author=3>
WaPo reports.
<http://www.washingtonpost.com/blogs/election-2012/wp/2012/10/12/ohio-voter-fraud-billboards-will-stay/>
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Posted in campaigns <http://electionlawblog.org/?cat=59> | Comments Off
"State election fraud defendants seek dismissal"
<http://electionlawblog.org/?p=41565>
Posted on October 12, 2012 1:20 pm <http://electionlawblog.org/?p=41565>
by Rick Hasen <http://electionlawblog.org/?author=3>
Claims of racial voter suppression
<http://www2.tbo.com/news/breaking-news/2012/oct/12/state-election-fraud-defendants-seek-dismissal-ar-531507/>
in prosecution of what looks to be typical absentee ballot fraud.
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Posted in absentee ballots <http://electionlawblog.org/?cat=53>,
chicanery <http://electionlawblog.org/?cat=12>, The Voting Wars
<http://electionlawblog.org/?cat=60> | Comments Off
"Direct Mail Still a Force in Campaigns"
<http://electionlawblog.org/?p=41562>
Posted on October 12, 2012 12:37 pm
<http://electionlawblog.org/?p=41562> by Rick Hasen
<http://electionlawblog.org/?author=3>
WaPo reports.
<http://www.washingtonpost.com/politics/decision2012/direct-mail-still-a-force-in-campaigns/2012/10/12/24f6f830-0bf9-11e2-bb5e-492c0d30bff6_story.html>
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"CFI's 2012 Independent Spending Tracking Tool: 10 Senate, 3 House
Races Top $1 Million in Spending Over the Last Seven Days Alone"
<http://electionlawblog.org/?p=41560>
Posted on October 12, 2012 12:36 pm
<http://electionlawblog.org/?p=41560> by Rick Hasen
<http://electionlawblog.org/?author=3>
Fascinating stuff
<http://cfinst.org/Press/PReleases/12-10-12/CFI%E2%80%99s_2012_INDEPENDENT_SPENDING_TRACKING_TOOL.aspx>from
the Campaign Finance Institute.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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Video of My Appearance on MSNBC's Jansing & Co. Talking About
"Election Truthers" <http://electionlawblog.org/?p=41557>
Posted on October 12, 2012 12:04 pm
<http://electionlawblog.org/?p=41557> by Rick Hasen
<http://electionlawblog.org/?author=3>
Visit NBCNews.com for breaking news <http://www.nbcnews.com>, world news
<http://www.msnbc.msn.com/id/3032507>, and news about the economy
<http://www.msnbc.msn.com/id/3032072>
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60> |
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"Judge hears senator's photo ID complaint against Ritchie"
<http://electionlawblog.org/?p=41554>
Posted on October 12, 2012 11:38 am
<http://electionlawblog.org/?p=41554> by Rick Hasen
<http://electionlawblog.org/?author=3>
Star-Tribune:
<http://www.startribune.com/politics/statelocal/173917051.html>"A state
senator who sponsored the proposed photo ID constitutional amendment
took his beef against Secretary of State Mark Ritchie to a judge on
Friday. Sen. Scott Newman, R-Hutchinson, filed a complaint accusing
Ritchie, a DFLer who opposes the amendment, of using his website, staff
and state resources to promote his political opposition to the measure.
An Administrative Law Judge heard arguments in the case Friday without
making a decision."
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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
Is a Billboard Explaining "Voter Fraud is a Felony" Going to
Suppress Eligible Voter Turnout? <http://electionlawblog.org/?p=41551>
Posted on October 12, 2012 11:03 am
<http://electionlawblog.org/?p=41551> by Rick Hasen
<http://electionlawblog.org/?author=3>
This report,
<http://www.cleveland.com/metro/index.ssf/2012/10/washington_group_asks_for_clea.html>
which Ilinked to <http://electionlawblog.org/?p=41479> yesterday,
describes a controversy over a billboard (click here
<http://media.cleveland.com/plain_dealer_metro/photo/11688017-large.jpg>to
see the picture). The Lawyer's Committee makes a good point that putting
these billboards only in minority neighborhoods suggests an attempt to
stigmatize minority voters as criminals. I find it repugnant.
But the committee also says the billboards "attach an implicit threat of
criminal prosecution to the civic act of voting." Further, a new
statement by the AFL-CIO
<http://www.enewspf.com/opinion/37387-afl-cio-calls-on-clear-channel-to-take-down-voter-suppression-billboards-in-ohio.html>says
the billboards are "intimidating" and Think Progress says
<http://thinkprogress.org/justice/2012/10/12/1002941/voter-intimidation-billboards-appear-in-minority-neighborhoods-in-cleveland/>that
the signs "are far more likely... to intimidate lawful voters who are
unsure of their rights and may be spooked from voting by the threat of a
felony conviction."
I find this hard to believe. This is an odious publicity stunt by some
conservatives who want to fan the flames and make it seem like voter
fraud is a major problem in minority communities. If anything, this
effort could backfire and /increase/ turnout among minority voters. I
describe similar such attempts in Chapter 3 of /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>/
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60> |
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"Monopoly Politics 2012: Analysis & Partisan Numbers of Every U.S.
House Race" <http://electionlawblog.org/?p=41548>
Posted on October 12, 2012 10:33 am
<http://electionlawblog.org/?p=41548> by Rick Hasen
<http://electionlawblog.org/?author=3>
New from FairVote
<http://www.fairvote.org/monopoly-politics-201#.UHhUVBi1lc0>.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
"Gessler continues to stir things up; Secretary of State accuses
opponents of playing race card " <http://electionlawblog.org/?p=41546>
Posted on October 12, 2012 10:33 am
<http://electionlawblog.org/?p=41546> by Rick Hasen
<http://electionlawblog.org/?author=3>
The latest
<http://www.coloradostatesman.com/content/993778-gessler-continues-stir-things>
from Colorado.
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Posted in fraudulent fraud squad <http://electionlawblog.org/?cat=8>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"GOP Consultant Under Investigation For Voter Registration Fraud
Quietly Restarts Registration Efforts"
<http://electionlawblog.org/?p=41543>
Posted on October 12, 2012 10:22 am
<http://electionlawblog.org/?p=41543> by Rick Hasen
<http://electionlawblog.org/?author=3>
Sproul's back.
<http://thinkprogress.org/election/2012/10/12/1003581/gop-consultant-under-investigation-for-voter-registration-fraud-quietly-restarts-registration-efforts/>
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Wars <http://electionlawblog.org/?cat=60>, voter registration
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Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
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