[EL] more news 10/19/12
Rick Hasen
rhasen at law.uci.edu
Fri Oct 19 14:03:35 PDT 2012
"Conservative Nonprofit Dispatches Volunteers to Canvass
Battleground States" <http://electionlawblog.org/?p=42048>
Posted on October 19, 2012 1:56 pm <http://electionlawblog.org/?p=42048>
by Rick Hasen <http://electionlawblog.org/?author=3>
Roll Call
<http://www.rollcall.com/news/conservative_nonprofit_dispatches_volunteers_to_canvass_battleground_states-218341-1.html>:
"Americans for Prosperity is busing hundreds of out-of-state
conservative activists to the country's most contested political
battlegrounds....Delivering partisans to competitive states in the final
weeks of a campaign is hardly a unique strategy, but the extent of AFP's
plan --- paired with its other election activities --- highlights the
new role social welfare nonprofits have adopted during this election
cycle...AFP, a 501(c)(4) tax-exempt organization, has been criticized
for abusing its tax status with hard-hitting advertisements, robocalls,
direct mail and door knocking operations that seem more like campaign
activities than social welfare work...""[They say] what they have to say
to protect the c4 status,' said Frances Hill, who studies income tax,
constitutional and election law at the University of Miami. 'They are
trying to avoid being characterized as a political committee, which has
to comply with FEC reporting requirements.'"
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"Reince Priebus Distances RNC From Consultant Arrested For Voter
Fraud" <http://electionlawblog.org/?p=42045>
Posted on October 19, 2012 1:48 pm <http://electionlawblog.org/?p=42045>
by Rick Hasen <http://electionlawblog.org/?author=3>
HuffPo reports
<http://www.huffingtonpost.com/2012/10/19/reince-priebus-rnc-consultant-voter-fraud_n_1988619.html?ncid=edlinkusaolp00000003>.
Let's be clear on terminology: the allegation is trashing voter
registration forms. That's notvoter fraud, but it is an election crime.
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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
"Voting Groups On Both Sides Deploy Thousands Of Election Monitors
To Battleground States" <http://electionlawblog.org/?p=42043>
Posted on October 19, 2012 1:46 pm <http://electionlawblog.org/?p=42043>
by Rick Hasen <http://electionlawblog.org/?author=3>
HuffPo reports.
<http://www.huffingtonpost.com/2012/10/19/voting-groups-election-monitors-battleground_n_1988545.html?utm_hp_ref=elections-2012>
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60> |
Comments Off
"Ohio Sees Fierce Fight Over Voter Roles [sic]"
<http://electionlawblog.org/?p=42040>
Posted on October 19, 2012 1:21 pm <http://electionlawblog.org/?p=42040>
by Rick Hasen <http://electionlawblog.org/?author=3>
/U.S. News/ offers this report
<http://www.usnews.com/news/articles/2012/10/19/ohio-sees-fierce-fight-over-voter-roles>,
which also incorrectly identifies my institutional affiliation.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
Video of Zocalo Event on the Campaign/Election with Sam Popkin, Joe
Mathews, and Me <http://electionlawblog.org/?p=42037>
Posted on October 19, 2012 1:19 pm <http://electionlawblog.org/?p=42037>
by Rick Hasen <http://electionlawblog.org/?author=3>
Here's a story
<http://zocalopublicsquare.org/thepublicsquare/2012/10/19/how-much-for-that-presidency-in-the-window/read/the-takeaway/>
about yesterday's fun event, along with alink to the video
<http://zocalopublicsquare.org/fullVideo.php?event_year=2012&event_id=550&video=&page=1>.
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60> |
Comments Off
"Early Voting Spinning" <http://electionlawblog.org/?p=42034>
Posted on October 19, 2012 1:13 pm <http://electionlawblog.org/?p=42034>
by Rick Hasen <http://electionlawblog.org/?author=3>
Michael McDonald's must-read post
<http://www.huffingtonpost.com/michael-p-mcdonald/early-voting-spinning_b_1989094.html>.
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Posted in voting <http://electionlawblog.org/?cat=31> | Comments Off
"An Electoral College tie -- and what it would mean"
<http://electionlawblog.org/?p=42031>
Posted on October 19, 2012 1:10 pm <http://electionlawblog.org/?p=42031>
by Rick Hasen <http://electionlawblog.org/?author=3>
The Fix reports
<http://www.washingtonpost.com/blogs/the-fix/wp/2012/10/19/an-electoral-college-tie-and-what-it-would-mean/>.
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Posted in campaigns <http://electionlawblog.org/?cat=59>, electoral
college <http://electionlawblog.org/?cat=44> | Comments Off
Arizona Disclosure Ruling <http://electionlawblog.org/?p=42027>
Posted on October 19, 2012 1:06 pm <http://electionlawblog.org/?p=42027>
by Rick Hasen <http://electionlawblog.org/?author=3>
Following up on this post, you may now read the court ruling at this
link.
<http://electionlawblog.org/wp-content/uploads/Trial-Court-Ruling-10-11-2012.pdf>
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Preventing the Next Hanging Chad"
<http://electionlawblog.org/?p=42024>
Posted on October 19, 2012 1:03 pm <http://electionlawblog.org/?p=42024>
by Rick Hasen <http://electionlawblog.org/?author=3>
Lee Rowland
<http://www.brennancenter.org/blog/archives/preventing_the_next_hanging_chad/>:
Yesterday, the Division of Elections issued statewide guidance to
all of Florida's 67 Supervisors of Elections (the local officials
that run the election system in each county), detailing exactly how
provisional ballots should be counted in the general election. The
guidance responds to a letter
<http://www.brennancenter.org/page/-/Democracy/VRE/Ltr_FL_DOE_Provisionals_092012.pdf>
the Brennan Center and its allies sent to the Division, coupled with
direct outreach by the League of Women Voters of Florida
<http://thefloridavoter.org/>, to all 67 county Supervisors.
The Division's response was clear: If a voter casts a provisional
ballot, that ballot /will/ be counted absent evidence of fraud or
ineligibility. That means if Florida Supervisors are inundated with
provisional ballots --- a real concern in light of Florida's rush to
change its voting rules right before a presidential election --- and
run out of time to individually investigate each one, the tie goes
to the voter. That's absolutely the right call, and offers a model
for other states grappling with heaps of provisional ballots.
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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
"California Procedure for Getting a New Party on the Ballot Held
Unconstitutional " <http://electionlawblog.org/?p=42021>
Posted on October 19, 2012 1:01 pm <http://electionlawblog.org/?p=42021>
by Rick Hasen <http://electionlawblog.org/?author=3>
Ballot Access News
<http://www.ballot-access.org/2012/10/18/california-procedure-for-getting-a-new-party-on-the-ballot-held-unconstitutional/>:
"On October 18, U.S. District Court Judge Percy Anderson struck down
California's procedure for a newly-qualifying party to get on the
ballot. The 16-page decision
<http://www.ballot-access.org/2012/California-happy.pdf> is California
Justice Committee & Constitution Party v Bowen, cv 12-3956, central
district. The basis for the decision is that the deadline is so early.
In 2012, it was January 2."
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Posted in ballot access <http://electionlawblog.org/?cat=46>, third
parties <http://electionlawblog.org/?cat=47> | Comments Off
Texas Files SCOTUS Brief Asking for It to Restore its Redistricting
Plan Blocked under Voting Rights Act
<http://electionlawblog.org/?p=42017>
Posted on October 19, 2012 12:54 pm
<http://electionlawblog.org/?p=42017> by Rick Hasen
<http://electionlawblog.org/?author=3>
You can read the brief (Paul Clement, counsel of record) here
<http://electionlawblog.org/wp-content/uploads/State-of-Texas-Jurisdictional-Statement-BRIEF-filed-10-19-12.pdf>.
It makes statutory arguments the Court is likely to consider about the
meaning of the Voting Rights Act's section 5 preclearance provision and
it raises the issue of section 5?s constitutionality:
This Court has been asked several times in recent years to
reconsider the facial constitutionality of Section 5. See Northwest
Austin Mun. Util. Dist. No. One v. Holder, 129 S.Ct. 2504, 2509
(2009); Shelby County v. Holder, No. 12-96; Nix v. Holder, No.
12-81. Those cases raise critically important issues about Section
5, but they do not directly illustrate the burdens of the
preclearance process.
This case is different. It demonstrates the acute federalism costs
when Section 5 is invoked to prevent a State from implementing
changes to its electoral maps necessitated by population growth. The
requirements of the Constitution and Section 2 ensure the absence of
unconstitutional consideration of race. In contrast, the
requirements of Section 5, especially as interpreted by the district
court, virtually mandate an obsession with race and guarantee
unprecedented intrusions into state sovereignty. The decision below
clearly merits this Court's review in its own right and would
complement other Section 5 cases by showing the difficulties with
the practical administration of the statute as reauthorized in 2006.
The Court should note probable jurisdiction and set this case for
oral argument this Term so that Texas can implement its
legislatively enacted plans for the next electoral cycle.
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Posted in redistricting <http://electionlawblog.org/?cat=6>, Supreme
Court <http://electionlawblog.org/?cat=29>, Voting Rights Act
<http://electionlawblog.org/?cat=15> | 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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