[EL] more news 10/17/12
Rick Hasen
rhasen at law.uci.edu
Wed Oct 17 16:57:06 PDT 2012
How Much Less Early Voting in Ohio This Time Compared to 2008?
<http://electionlawblog.org/?p=41918>
Posted on October 17, 2012 4:52 pm <http://electionlawblog.org/?p=41918>
by Rick Hasen <http://electionlawblog.org/?author=3>
Ari Berman
<http://www.thenation.com/blog/170626/another-loss-voter-suppression-pre-election-early-voting-upheld-ohio#>:
That's the good news. The bad news? Ohio Secretary of State Jon
Husted swiftly limited early voting hours on those crucial three
days to 8 am--2 pm on Saturday, November 3; 1--5 pm on Sunday,
November 4; and 8 am--2 pm on Monday, November 5. That means Ohio
voters will have a total of only sixteen hours to cast a ballot
during those three days. And before the weekend before the election,
Ohio voters will still not be able to cast a ballot in-person on
nights or weekends.
In 2008, the most populous counties in Ohio allowed more time for
early voting---both in terms of days (thirty-five) and hours (on
nights and weekends in many places). For the three days before the
election, early voting locations were open for a total of
twenty-four hours in Columbus's Franklin County (8-5 on Saturday,
1-5 on Sunday and 8-7 on Monday) and 18 and a half hours in
Cleveland's Cuyahoga County (9-1 on Saturday, 1-5 on Sunday, 8:30-7
pm on Monday). During those final three pre-election days in 2008,
148,000 votes were cast and "wait times stretched 2 1/2 hours,"
reported the /Columbus Dispatch/.
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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
"North Dakota Election: National Group Sues To Overturn Election Day
Campaigning Ban" <http://electionlawblog.org/?p=41915>
Posted on October 17, 2012 4:39 pm <http://electionlawblog.org/?p=41915>
by Rick Hasen <http://electionlawblog.org/?author=3>
HuffPo:
<http://www.huffingtonpost.com/2012/10/17/north-dakota-campaign-ban-lawsuit_n_1975122.html?utm_hp_ref=elections-2012>"A
conservative group that helped lead the legal battle
<http://www.politico.com/news/stories/0808/12460.html> that would
eventually allow for the creation of super PACs is now working to
overturn North Dakota's ban on election day campaigning, arguing it
violates the First Amendment. The Center for Competitive Politics is
representing former North Dakota Republican Party Chairman Gary Emineth
in a lawsuit Emineth filed in federal court Tuesday to overturn the
state law."
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Posted in campaigns <http://electionlawblog.org/?cat=59> | Comments Off
"In Conference Call, Romney Urged Businesses To Tell Their Employees
How to Vote" <http://electionlawblog.org/?p=41912>
Posted on October 17, 2012 4:30 pm <http://electionlawblog.org/?p=41912>
by Rick Hasen <http://electionlawblog.org/?author=3>
/In These Times/
<http://inthesetimes.com/working/entry/14046/romney_instructed_employers_to_tell_employees_how_to_vote_in_conference_cal>reports.
<http://inthesetimes.com/working/entry/14046/romney_instructed_employers_to_tell_employees_how_to_vote_in_conference_cal>
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Posted in campaigns <http://electionlawblog.org/?cat=59> | Comments Off
"Pro-Romney 'super PAC' meets alongside donor event"
<http://electionlawblog.org/?p=41909>
Posted on October 17, 2012 3:36 pm <http://electionlawblog.org/?p=41909>
by Rick Hasen <http://electionlawblog.org/?author=3>
The LA Times reports. <http://t.co/5Zx6uZ36>
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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Note of Self-Contradiction/Tension in AP Piece on Supreme Court?
<http://electionlawblog.org/?p=41906>
Posted on October 17, 2012 3:20 pm <http://electionlawblog.org/?p=41906>
by Rick Hasen <http://electionlawblog.org/?author=3>
Anyone else notice this?
The lede:
<http://hosted.ap.org/dynamic/stories/U/US_CHIEF_JUSTICE_SPEECH?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT>
"The U.S. Supreme Court's top justice says people shouldn't think the
high court makes decisions in terms of a liberal or conservative agenda."
Later in the piece: "Roberts, considered among the court's
conservatives, voted with the liberal justices in the case."
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Posted in Supreme Court <http://electionlawblog.org/?cat=29> | Comments Off
Sherman-Berman Scuffle Now Campaign Ad
<http://electionlawblog.org/?p=41903>
Posted on October 17, 2012 3:15 pm <http://electionlawblog.org/?p=41903>
by Rick Hasen <http://electionlawblog.org/?author=3>
Embarrassing.
<http://politicalwire.com/archives/2012/10/17/new_ad_captures_lawmakers_outburst.html#050934a>
(This is the "blood bath" phase of top-two)
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Posted in campaigns <http://electionlawblog.org/?cat=59> | Comments Off
"Many strict election laws blocked or delayed"
<http://electionlawblog.org/?p=41901>
Posted on October 17, 2012 3:14 pm <http://electionlawblog.org/?p=41901>
by Rick Hasen <http://electionlawblog.org/?author=3>
AP reports.
<http://hosted.ap.org/dynamic/stories/U/US_ELECTION_LEGAL_BATTLES?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT>
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"Bloomberg Starts 'Super PAC,' Seeking National Influence"
<http://electionlawblog.org/?p=41898>
Posted on October 17, 2012 3:04 pm <http://electionlawblog.org/?p=41898>
by Rick Hasen <http://electionlawblog.org/?author=3>
NYT reports
<http://www.nytimes.com/2012/10/18/nyregion/bloomberg-forming-super-pac-to-influence-2012-races.html?hp>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"'Misleading' Mailer Sets Lugar Loose On Indiana Super PAC"
<http://electionlawblog.org/?p=41895>
Posted on October 17, 2012 3:00 pm <http://electionlawblog.org/?p=41895>
by Rick Hasen <http://electionlawblog.org/?author=3>
Lugar v. Bopp
<http://2012.talkingpointsmemo.com/2012/10/a-super-pac-supporting-indiana.php?ref=fpb>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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Toledo Election Law Program This Friday
<http://electionlawblog.org/?p=41889>
Posted on October 17, 2012 2:50 pm <http://electionlawblog.org/?p=41889>
by Rick Hasen <http://electionlawblog.org/?author=3>
Check out the brochure
<http://electionlawblog.org/wp-content/uploads/LA1121-Symposium-FINAL.pdf>.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
Guess What the Montana GOP Did in the Short Window When the State
Had No Contribution Limits? <http://electionlawblog.org/?p=41886>
Posted on October 17, 2012 2:46 pm <http://electionlawblog.org/?p=41886>
by Rick Hasen <http://electionlawblog.org/?author=3>
Missoulian
<http://missoulian.com/news/state-and-regional/montana-gop-donates-k-to-hill-campaign/article_e335d1a6-187c-11e2-9491-001a4bcf887a.html#.UH8W4IxtPkA.email>:
"The Montana Republican Party donated $500,000 to gubernatorial
candidate Rick Hill and approximately $30,000 to attorney general
candidate Tim Fox after a judge struck down the state's campaign
contribution limits." More here
<http://www.ktvu.com/news/ap/crime/montana-gop-donates-500k-to-hill-campaign/nSf25/>.
We saw a similar move in the /Thalheimer /case when San Diego's limits
were temporarily blocked.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Investigation Launched Over Trashed Voter Registration Forms"
<http://electionlawblog.org/?p=41883>
Posted on October 17, 2012 2:32 pm <http://electionlawblog.org/?p=41883>
by Rick Hasen <http://electionlawblog.org/?author=3>
News
<http://www.nbc29.com/story/19836183/investigation-launched-over-trashed-voter-registration-forms>from
Virginia: "Is it a case of election fraud, voter suppression, or
something far less sinister? That's what Rockingham County
investigators are trying to find out, after someone trashed a folder of
voter registration forms."
Not Larry Sabato
<http://notlarrysabato.typepad.com/doh/2012/10/virginia-gop-caught-destroying-voter-registration-forms.html>points
fingers at the Virginia GOP.
To be continued
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Posted in chicanery <http://electionlawblog.org/?cat=12>, The Voting
Wars <http://electionlawblog.org/?cat=60>, voter registration
<http://electionlawblog.org/?cat=37> | Comments Off
"Franklin County | 3 people indicted for felony vote fraud"
<http://electionlawblog.org/?p=41881>
Posted on October 17, 2012 2:30 pm <http://electionlawblog.org/?p=41881>
by Rick Hasen <http://electionlawblog.org/?author=3>
Double voting via absentee ballot
<http://www.dispatch.com/content/stories/local/2012/10/17/3-people-indicted-for-felony-vote-fraud.html>.
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Posted in absentee ballots <http://electionlawblog.org/?cat=53>,
election administration <http://electionlawblog.org/?cat=18> | Comments Off
"Law and Democracy: A Symposium on the Law Governing Our Democratic
Process" <http://electionlawblog.org/?p=41878>
Posted on October 17, 2012 9:35 am <http://electionlawblog.org/?p=41878>
by Rick Hasen <http://electionlawblog.org/?author=3>
This November 16 event
<http://www.law.gwu.edu/News/2012-2013Events/Pages/2012LawReviewSymposium.aspx>
at GW law school is not to be missed. My only question: How could I
possibly choose between the unbelievably strong concurrent sessions?
(RSVP info will be posted soon.)
*Law and Democracy: A Symposium on the Law Governing Our Democratic Process*
The George Washington University
Jacob Burns Moot Court Room (L101)
2000 H Street, NW
Washington, DC 20052
*Agenda*
*8:30--9 am:* Registration, Kelley Lounge
*9--9:30 am:* Ken Goldstein Presentation, Moot Court Room with Overflow
in L201
*9:30--10:45 am:* Plenary Panel, Moot Court Room with Overflow in L201
*Primary Issues in the 2012 Election*
* Robert Bauer <http://www.perkinscoie.com/rbauer/>, Partner, Perkins Coie
* Ken Goldstein <http://smpa.gwu.edu/faculty/people/60>, President,
Campaign Media Analysis Group, Kantar Media
* Rick Hasen <http://law.uci.edu/faculty/page1_r_hasen.html>,
Professor of Law, University of California Irvine School of Law
* Myrna Pérez <http://www.brennancenter.org/people/perez_myrna/>,
Senior Counsel, Democracy Program, Brennan Center for Justice
This panel will feature a post-election discussion on the major legal
issues that arose throughout the campaign and election seasons. The
slated panelists are experts in campaign finance, election
administration, and the Voting Rights Act.
*10:45--11 am:* Morning Break, Kelley Lounge
*11 am--12:15 pm:* Panels
*The Role of Campaign Finance in the 2012 Election* (L201)
* Allison Hayward <http://oce.house.gov/allison-hayward.html>, Former
Vice President of Policy, Center for Competitive Politics
* Sam Issacharoff
<https://its.law.nyu.edu/facultyprofiles/profile.cfm?personID=23845>, Professor
of Constitutional Law, New York University School of Law
* Nathaniel Persily
<http://www.law.columbia.edu/fac/Nathaniel_Persily>, Professor of
Law and Political Science, Columbia Law School
* Monica Youn <http://www.brennancenter.org/people/monica_youn/>,
Constitutional Fellow, Brennan Center for Justice
Panelists will discuss the major effects of Citizens United on campaign
spending in the 2012 election, the first election since the Supreme
Court's landmark opinion.
*Election Administration* (Moot Court Room)
* Adam Cox
<https://its.law.nyu.edu/facultyprofiles/profile.cfm?personID=30078>, Professor
of Law, New York University School of Law
* Joshua Douglas <http://www.law.uky.edu/index.php?hid=93>, Assistant
Professor of Law, University of Kentucky College of Law
* John Fortier
<http://bipartisanpolicy.org/about/staff/john-c-fortier>, Director
of the Democracy Project, Bipartisan Policy Center
* Heather Gerken <http://www.law.yale.edu/faculty/HGerken.htm>,
Professor of Law, Yale Law School
* Daniel Tokaji <http://moritzlaw.osu.edu/faculty/bios.php?ID=52>,
Professor of Law, Ohio State University, Moritz College of Law
Panelists will debate how the wave of new state laws regarding
registration and voter identification will improve integrity and/or
hinder voter access, and the legality of such laws.
*12:30 pm--1:30 pm:* *Lunch and Keynote Address
*/Faculty Conference Center, Invited Guests Only
/
*Keynote Speaker: *Tom Perez, Assistant Attorney General for the Civil
Rights Division of the United States Department of Justice
* <http://www.justice.gov/crt/aag/>**
1:45--3 pm:* Panels
*Future of Campaign Finance* (Moot Court Room)
* Richard Briffault
<http://www.law.columbia.edu/fac/Richard_Briffault>, Professor of
Legislation, Columbia Law School
* Michael Kang
<http://www.law.emory.edu/faculty/faculty-profiles/michael-s-kang.html>,
Professor of Law, Emory University School of Law
* Trevor Potter
<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=957&Itemid=64>,
Founding President and General Counsel, Campaign Legal Center
* Brad Smith <http://law.capital.edu/faculty/bios/bsmith.aspx>,
Professor of Law, Capital University Law School
Panelists will discuss several pressing post-Citizens United issues,
including regulating and requiring disclosure for new "SuperPACs" and
the future of public financing.
*Voting Rights Act and Redistricting* (L201)
* Michael Carvin <http://www.jonesday.com/macarvin/>, Partner, Jones Day
* Kareem Crayton
<http://www.law.unc.edu/faculty/directory/craytonkareemu/>,
Associate Professor of Law, University of North Carolina School of Law
* Gilda Daniels <http://law.ubalt.edu/faculty/profiles/daniels.cfm>,
Assistant Professor of Law, University of Baltimore School of Law
* Ellen Katz
<http://web.law.umich.edu/_facultybiopage/facultybiopagenew.asp?ID=70>,
Professor of Law, University of Michigan Law School
* Justin Levitt <http://www.lls.edu/academics/faculty/levitt.html>,
Associate Professor of Law, Loyola Law School
Panelists will analyze the precarious status of the preclearance
provision (Section 5) of the Voting Rights Act, the Court's evolving
jurisprudence in this area, and the next steps for voting rights if the
Court invalidates Section 5. They will also focus on partisan,
incumbent, and racial gerrymandering in the redistricting that followed
the 2012 census, the performance of the legislatures and independent
commissions that redrew district lines, and proposals for reform.
*3--3:15 pm:* Afternoon Break, Kelley Lounge.
*3:15--4:30 pm:* Panel, Moot Court Room.
*Election Law in the Roberts Court*
*Moderator:* Alan Morrison
<http://www.law.gwu.edu/Faculty/profile.aspx?id=16070>, Lerner Family
Associate Dean for Public Interest and Public Service Law and
Professional Lecturer in Law, The George Washington University Law School
* Guy-Uriel Charles <http://law.duke.edu/facstaff/directory/charles/>,
Professor of Law, Duke University School of Law
* Edward Foley
<http://moritzlaw.osu.edu/electionlaw/faculty/foley.php>, Director,
Election Law @ Moritz, Ohio State University, Moritz College of Law
* Richard Pildes
<https://its.law.nyu.edu/facultyprofiles/profile.cfm?personID=20200>, Professor
of Constitutional Law, New York University School of Law
* Pamela Karlan <http://www.law.stanford.edu/node/166368>, Professor
of Public Interest Law, Stanford University Law School
The day's final panel will discuss the landmark decisions issued by the
Roberts Court and the effect of those decisions on the law governing our
democratic process.
*4:30--6:30 pm: *Reception, Kelley Lounge***
Please join the members of The George Washington University Law Review
and the Political Law Society for a reception following the final panel.
*Location subject to change
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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
"Is True the Vote Shaking Down States With Nuisance Lawsuits?"
<http://electionlawblog.org/?p=41875>
Posted on October 17, 2012 9:09 am <http://electionlawblog.org/?p=41875>
by Rick Hasen <http://electionlawblog.org/?author=3>
Brentin Mock writes.
<http://www.thenation.com/blog/170627/true-vote-shaking-down-states-nuisance-lawsuits#>
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60> |
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"Restoring the Vote: Former Felons, International Law, and the
Eighth Amendment" <http://electionlawblog.org/?p=41872>
Posted on October 17, 2012 9:02 am <http://electionlawblog.org/?p=41872>
by Rick Hasen <http://electionlawblog.org/?author=3>
John Ghaelian has posted this draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2162730> on SSRN
(forthcoming Hastings Constitutional Law Quarterly). Here is the abstract:
The right to vote is a right that many Americans cherish. But for
over five million Americans the right to vote is something
different. It is merely a dream because they are denied the right.
Considered fundamental by the courts and the people, the United
States contrarily stands alone in its refusal to allow many former
felons the right to vote. The denial of the right to vote leaves a
large swath of the population voiceless in matters ranging from the
election of the president to who should sit on their child's school
board.
This article begins by chronicling the history of felon
disenfranchisement. It begins with its origins in ancient Greece and
Rome and traces it to the modern day. The article then explores the
negative impact felon disenfranchisement has on the American
political process. After describing the history and impact of felon
disenfranchisement the article explores the various legal challenges
that have been brought to various states felon disenfranchisement
laws. Challenges have been made under the Fourteenth Amendment's
Equal Protection Clause, the Voting Rights Act, and the Eighth
Amendment. The article will explain why these attempts have been
unsuccessful and advocate for a new approach.
This article ultimately concludes that the best hope litigants have
is to bring suit under the Eighth Amendment. Litigants must do more
than merely rehashing the arguments made in the past. Instead
litigants should rely on international case law, attitudes, and
approaches to felon disenfranchisement in crafting their Eighth
Amendment suit. Using international law presents the best hope
litigants have for convincing the judiciary to become more proactive
in challenging these laws, and thus litigants should rely upon it in
lawsuits going forward.
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Posted in felon voting <http://electionlawblog.org/?cat=66> | 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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