[EL] ELB News and Commentary 9/4/12

Rick Hasen rhasen at law.uci.edu
Tue Sep 4 07:39:46 PDT 2012


    Virgil Goode Makes Va. Ballot, Potentially Hurting Romney
    <http://electionlawblog.org/?p=39564>

Posted on September 4, 2012 7:38 am 
<http://electionlawblog.org/?p=39564> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Ben Pershing reports 
<https://twitter.com/benpershing/status/242984675444928512> that further 
challenges may be coming. Here's an earlier AP report 
<http://t.co/QK9yDJ11>on the decision which was facing the Va. Board of 
Elections. And here's Ben's July story 
<http://www.washingtonpost.com/local/dc-politics/virgil-goode-campaign-could-be-a-spoiler-for-romney-in-virginia/2012/07/14/gJQAqjPxkW_story.html> 
on whether Goode will be a spoiler.

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Posted in campaigns <http://electionlawblog.org/?cat=59>, third parties 
<http://electionlawblog.org/?cat=47> | Comments Off


    "Priorities USA Action Reports Record Monthly Donations"
    <http://electionlawblog.org/?p=39561>

Posted on September 4, 2012 7:32 am 
<http://electionlawblog.org/?p=39561> by Rick Hasen 
<http://electionlawblog.org/?author=3>

NYT's "The Caucus:" 
<http://thecaucus.blogs.nytimes.com/2012/09/04/priorities-usa-action-reports-record-monthly-donations/> 
"The Democratic 'super PAC' 
<http://topics.nytimes.com/top/reference/timestopics/subjects/c/campaign_finance/index.html?inline=nyt-classifier>backing 
President Obama 
<http://elections.nytimes.com/2012/candidates/barack-obama?inline=nyt-per> 
raised $10 million in August, as donors gave a record amount to the 
group amid growing concern among some elite Democratic contributors that 
Republican outside groups will swamp Mr. Obama's re-election effort."

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "Voter Suppression: The Confederacy Rises Again"
    <http://electionlawblog.org/?p=39558>

Posted on September 4, 2012 7:18 am 
<http://electionlawblog.org/?p=39558> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Ari Berman has written this piece 
<http://www.thenation.com/blog/169709/voter-suppression-confederacy-rises-again#> 
for /The Nation./

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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


    "Judge orders new Democratic primary in 87th House race in St. Louis
    County" <http://electionlawblog.org/?p=39556>

Posted on September 4, 2012 7:17 am 
<http://electionlawblog.org/?p=39556> by Rick Hasen 
<http://electionlawblog.org/?author=3>

St. Louis Post-Dispatch 
<http://www.stltoday.com/news/local/metro/judge-orders-new-democratic-primary-in-th-house-race-in/article_7494b294-4540-5b29-8763-0abc681a061e.html>: 
"A St. Louis County judge has ordered a new election on Sept. 24 to 
settle a ballot problem that marred a state House race that was decided 
by one vote last month. The county Board of Election Commissioners had 
petitioned the court for a new election after it learned that workers at 
a polling place in Brentwood accidentally passed out the wrong ballots 
to 102 voters in the Democratic primary Aug. 7 between state 
representatives Stacey Newman and Susan Carlson in the 87th District."

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Posted in campaigns <http://electionlawblog.org/?cat=59>, election 
administration <http://electionlawblog.org/?cat=18> | Comments Off


    "A Ballot Box Tactic Has Deep Historical Roots; The GOP's war on
    voting rights isn't new. It harks back to past efforts to alter the
    political process." <http://electionlawblog.org/?p=39553>

Posted on September 4, 2012 7:13 am 
<http://electionlawblog.org/?p=39553> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Sherrilyn Ifill has writtenthis piece 
<http://www.theroot.com/views/ballot-box-tactic-historical-roots?wpisrc=root_lightbox> 
for /The Root./

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Posted in The Voting Wars <http://electionlawblog.org/?cat=60>, Voting 
Rights Act <http://electionlawblog.org/?cat=15> | Comments Off


    "Data Issues in Texas Voter ID Case Highlight Coming Battle Over
    Voting Rights Act" <http://electionlawblog.org/?p=39550>

Posted on September 4, 2012 6:58 am 
<http://electionlawblog.org/?p=39550> by Rick Hasen 
<http://electionlawblog.org/?author=3>

A ChapinBlog 
<http://blog.lib.umn.edu/cspg/electionacademy/2012/09/data_issues_in_texas_voter_id.php?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+HHHElections+%28The+Election+Aacdemy%29>.

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Posted in Department of Justice <http://electionlawblog.org/?cat=26>, 
The Voting Wars <http://electionlawblog.org/?cat=60>, voter id 
<http://electionlawblog.org/?cat=9>, Voting Rights Act 
<http://electionlawblog.org/?cat=15> | Comments Off


    "'Secret money' taking over campaign funds"
    <http://electionlawblog.org/?p=39547>

Posted on September 4, 2012 6:55 am 
<http://electionlawblog.org/?p=39547> by Rick Hasen 
<http://electionlawblog.org/?author=3>

This article 
<http://www.usatoday.com/USCP/PNI/Nation/World/2012-09-02-PNI0827wirsecret-campaign-cashPNIBrd_ST_U.htm> 
originally appeared in the /Arizona Republic./

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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


    "Lobbyists and Friends in Exile (Wink, Wink)"
    <http://electionlawblog.org/?p=39544>

Posted on September 3, 2012 8:39 pm 
<http://electionlawblog.org/?p=39544> by Rick Hasen 
<http://electionlawblog.org/?author=3>

NYT reports 
<http://www.nytimes.com/2012/09/04/us/politics/ohio-unions-face-tough-battle-with-super-pacs.html?partner=rss&emc=rss>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
legislation and legislatures <http://electionlawblog.org/?cat=27>, 
lobbying <http://electionlawblog.org/?cat=28> | Comments Off


    "Ohio Unions Battle Conservative Super PACS for Votes"
    <http://electionlawblog.org/?p=39541>

Posted on September 3, 2012 8:34 pm 
<http://electionlawblog.org/?p=39541> by Rick Hasen 
<http://electionlawblog.org/?author=3>

NYT reports 
<http://www.nytimes.com/2012/09/04/us/politics/ohio-unions-face-tough-battle-with-super-pacs.html?partner=rss&emc=rss>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "Despite voter ID law, minority turnout up in Georgia"
    <http://electionlawblog.org/?p=39538>

Posted on September 3, 2012 8:32 pm 
<http://electionlawblog.org/?p=39538> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Atlanta Journal-Constitution 
<http://www.ajc.com/news/news/despite-voter-id-law-minority-turnout-up-in-georgi/nR2bx/>: 
"When Georgia became one of the first states in the nation to demand a 
photo ID at the ballot box, both sides served up dire predictions. 
Opponents labeled it a Jim Crow-era tactic that would suppress the 
minority vote. Supporters insisted it was needed to combat fraud that 
imperiled the integrity of the elections process. But both claims were 
overblown, according to a review of by The Atlanta Journal-Constitution 
of statewide voting patterns in the five years since the law took 
effect....Still, the law has had real and measurable effect for some 
voters: Since November 2008, the ballots of 1,586 Georgians didn't count 
because of the law. (They arrived at the polls without a photo ID, cast 
provisional ballots, and did not return later with the required ID.) 
Overall, 13.6 million votes were cast in the state during the same period."

Those figures of course do not include people who did not show up at the 
polls because they lacked i.d. and knew they would not have the i.d. 
available later to have their vote counted.

Still, this sounds consistent with what I've been saying 
<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> 
about these laws.

And importantly, there remains no evidence that voter id laws boost 
turnout.  As Justin explains:

    Some academics caution against drawing conclusions about the impact
    of voter ID from so little data.

    Justin Levitt, an election law expert at Loyola Law School in Los
    Angeles, called 2008 a "tidal wave" election for minority voters
    because of Obama. It will take time, he said, before the effect of
    voter ID can be parsed out from other factors that drive turnout.

    "We need a big enough data set that it will squeeze out that extra
    noise," Levitt said. "And that is going to take some time."

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Posted in Department of Justice <http://electionlawblog.org/?cat=26>, 
The Voting Wars <http://electionlawblog.org/?cat=60>, voter id 
<http://electionlawblog.org/?cat=9>, Voting Rights Act 
<http://electionlawblog.org/?cat=15> | Comments Off


    "Did Greg Abbott Just Save the Voting Rights Act?"
    <http://electionlawblog.org/?p=39536>

Posted on September 3, 2012 8:28 pm 
<http://electionlawblog.org/?p=39536> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Texas Lawbook <http://texaslawbook.net/?p=5152>: "The Texas Attorney 
General claims in court that the federal Voting Rights Act of 1965 is 
outdated, unnecessary and an unconstitutional encroachment on the 
sovereignty of the state, but his legal efforts may have just assured 
the law's survival. Election law experts say that the VRA rose from near 
death -- or at least irrelevance -- last week when a federal court ruled 
that Texas legislators committed intentional racial discrimination when 
they drew new voting districts in 2011."

The rest of the article is behind a paywall.

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Posted in Department of Justice <http://electionlawblog.org/?cat=26>, 
redistricting <http://electionlawblog.org/?cat=6>, voter id 
<http://electionlawblog.org/?cat=9>, Voting Rights Act 
<http://electionlawblog.org/?cat=15> | Comments Off


    "Hatch Act Keeps Federal Workers Out Of Politics"
    <http://electionlawblog.org/?p=39533>

Posted on September 3, 2012 8:20 pm 
<http://electionlawblog.org/?p=39533> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Carrie Johnson reports 
<http://www.npr.org/2012/09/03/160507180/hatch-act-keeps-federal-workers-out-of-politics?sc=tw> 
for NPR.

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Posted in conflict of interest laws <http://electionlawblog.org/?cat=20> 
| Comments Off


    "Source: Romney camp says it raised $100 million in August"
    <http://electionlawblog.org/?p=39530>

Posted on September 3, 2012 8:17 pm 
<http://electionlawblog.org/?p=39530> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Politico reports <http://www.politico.com/news/stories/0912/80618.html>. 
And now that Romney is the official Republican Party nominee he can 
spend all of it.

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "GOP-Backed Voter Fraud Laws Aim To Disenfranchise Students"
    <http://electionlawblog.org/?p=39527>

Posted on September 3, 2012 8:14 pm 
<http://electionlawblog.org/?p=39527> by Rick Hasen 
<http://electionlawblog.org/?author=3>

This item 
<http://www.thedailybeast.com/articles/2012/09/03/gop-backed-voter-fraud-laws-aim-to-disenfranchise-students.html> 
appears at The Daily Beast.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off


    "Section 5 of the Voting Rights Act and the 'Aggregate Powers' of
    Congress over Elections" <http://electionlawblog.org/?p=39523>

Posted on September 3, 2012 7:53 pm 
<http://electionlawblog.org/?p=39523> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Jack Chin has posted this draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2132158> on SSRN.  
Here is the abstract:

    In NAMUDNO v. Holder, the Supreme Court suggested that Section 5 of
    the Voting Rights Act of 1965 was unconstitutional. The Court
    explained that Section 5, requiring preclearance of electoral
    changes in certain jurisdictions, rests on Congress's Fifteenth
    Amendment enforcement power, yet does not appear congruent and
    proportional to recent unconstitutional discrimination as required
    by City of Boerne v. Flores. Further, it imposes substantial
    federalism costs both because it interferes with local electoral
    practices, and because it does not apply uniformly to all states.
    NAMUDNO disposed of the case on other grounds, but an appeal
    squarely presenting the issue is before the Court.

    This article proposes that NAMUNDO overlooks the fact that the
    Constitution grants Congress a portfolio of powers to regulate
    elections. In other contexts, the Court has referred to "an
    aggregate of the powers of the Congress," reading several powers
    together to understand the Constitution's intended scope. Several
    other provisions sustain Section 5: the Elections Clause (Article I,
    § 4) as to federal elections, and the Guarantee Clause (Article IV,
    § 4) as to state elections. Both provisions appear in the
    legislative history, and the court has previously discussed both in
    support of the Act. The Elections Clause and the Guarantee Clause
    grant Congress direct powers, so unlike legislation based on the
    Reconstruction Amendments, there is no necessity to measure Section
    5 against constitutional violations. In addition, although Section 5
    does not apply to all states, it is "uniform" under the Court's
    decisions requiring uniform exercise of federal powers.

    Section 5 is a heartland exercise of the powers of Congress. The
    Elections Clause authorizes Congress to prevent misconduct in one
    state that might disadvantage other states or distort the national
    government. The Guarantee Clause is designed, among other things, to
    ensure that minorities do not wrongfully usurp lawful majorities of
    voters. The history of African American suffrage involved
    disenfranchisement of absolute majorities or of minorities so large
    that they could win with only a sliver of the non-African American
    vote. Today, in a closely divided nation, it is plausible that
    African Americans could provide the margin of decision in many
    elections. Accordingly, Congress legislated well within its powers
    when it enacted Section 5.

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Posted in Voting Rights Act <http://electionlawblog.org/?cat=15> | 
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    Will Minnnesota's Voter ID Plan Cost Rural Counties Big Bucks?
    <http://electionlawblog.org/?p=39520>

Posted on September 3, 2012 7:46 pm 
<http://electionlawblog.org/?p=39520> by Rick Hasen 
<http://electionlawblog.org/?author=3>

That's the allegation in this post. 
<http://my.firedoglake.com/phoenix/2012/09/01/mn-gops-voter-id-plan-would-cost-two-rural-counties-nearly-1-million/>

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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


    "Paul Ryan and the Evolution of the Vice Presidency"
    <http://electionlawblog.org/?p=39518>

Posted on September 3, 2012 7:44 pm 
<http://electionlawblog.org/?p=39518> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Ed Zelinsky has written this post 
<http://blog.oup.com/2012/09/paul-ryan-and-the-evolution-of-the-vice-presidency/> 
for the OUP Blog.

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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off


    Whelan Critique of Posner on Scalia on Textualism
    <http://electionlawblog.org/?p=39515>

Posted on September 3, 2012 7:36 pm 
<http://electionlawblog.org/?p=39515> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Parts One 
<http://www.nationalreview.com/bench-memos/315643/richard-posner-s-badly-confused-attack-scaliagarner-ed-whelan>, 
Two 
<http://www.nationalreview.com/bench-memos/315690/richard-posner-s-badly-confused-attack-scaliagarner-part-2-ed-whelan> 
and Three 
<http://www.nationalreview.com/bench-memos/315743/richard-posner-s-badly-confused-attack-scaliagarner-part-3-ed-whelan>.

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Posted in legislation and legislatures 
<http://electionlawblog.org/?cat=27>, statutory interpretation 
<http://electionlawblog.org/?cat=21>, Supreme Court 
<http://electionlawblog.org/?cat=29> | Comments Off


    More Tillman on Teachout on the "Anti-Corruption Principle"
    <http://electionlawblog.org/?p=39512>

Posted on September 3, 2012 7:34 pm 
<http://electionlawblog.org/?p=39512> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Here <http://ssrn.com/abstract=2012803>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "Late court decisions may impact 2012 election"
    <http://electionlawblog.org/?p=39509>

Posted on September 2, 2012 11:34 am 
<http://electionlawblog.org/?p=39509> by Rick Hasen 
<http://electionlawblog.org/?author=3>

AP 
<http://www.google.com/hostednews/ap/article/ALeqM5jJHEAh5xEYljiPUKBjJ0saEX8ScQ?docId=23514a2d0fc548c7948822a9231b3877>: 
"Before voters get a say in this year's presidential race, lawyers and 
judges are having theirs. A series of court battles in several states 
may determine, over the next several weeks, everything from how people 
cast their votes, when polling locations will be open and what ballots 
will look like. Many cases have a partisan bent, with rulings 
potentially tipping the scales slightly in favor of Democrats or 
Republicans. The legal fights have entered an urgent phase, two months 
before the Nov. 6 election and just a few weeks before military and 
overseas absentee ballots must go out."

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
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
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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