[EL] ELB News and Commentary 9/5/12

[George Korbel]

I enjoyed the article on the study cost study of the Minnesota effort in identity voting done by Professor Schultz of Hamline.   But I would add the cost of defending the outrageous.    I think it is likely that Texas will drop 20 million on the defense of all of the stuff that they passed last term.  I realize that it was their strategy to get something to the Supreme Court to parlay the dicta in the Northwest Austin MUD case.  But General Abbott may have overplayed its hand.  The findings of the three Judge Court in DC stanza of Texas v Holdem looks like something out of the 1950s through 1960s.
 
But then Texas has overplayed its hand in every redistricting since the late 1960s.  It did not matter whether Democrats or Republicans were in charge.  It is the equivakent of a 50 year loosing streak tn Texas hold em--  50 years of consistent findings of election discrimination against Hispanics and African Americans.   And a credit to dogged litigation primarily by Dave Richards, Justice Oscar Mauzy,  Ed Idar and Don Gladden.   Sadly only David is still with us.  
 
A  side note is that the plaintiff in the first redistricting was President Bush the elder.  That was when Repoblicans in Texas were just another disadvantaged minority group.  lo how the worm has turned.    
 
 



Date: Wed, 5 Sep 2012 09:45:13 -0700
From: rhasen at law.uci.edu
To: law-election at UCI.edu
Subject: [EL] ELB News and Commentary 9/5/12




¡°Fact Attack: A New App Watches Political Ads Like a Hawk¡± 
Posted on September 5, 2012 9:34 am by Rick Hasen 

The Philadelphia Weekly reports.


Posted in campaign finance, campaigns | Comments Off 

¡°Bill Clinton: GOP Voter Suppression Laws a Sign of Desperation¡± 
Posted on September 5, 2012 9:32 am by Rick Hasen 

Ari Berman reports.


Posted in election administration, The Voting Wars | Comments Off 

¡°Lesser of Two Evils: Dem¡¯s Vague Platform Improvement Over GOP Absurdity¡± 
Posted on September 5, 2012 9:29 am by Rick Hasen 

This item appears at the CLC Blog.


Posted in campaign finance | Comments Off 

¡°Virgil Goode Makes the Virginia Ballot¡± 
Posted on September 5, 2012 9:27 am by Rick Hasen 

Jon Walker blogs.


Posted in alternative voting systems, third parties | Comments Off 

¡°Parties Raise Record Cash After ¡¯Soft Money¡¯ Ban: BGOV Barometer¡± 
Posted on September 5, 2012 9:26 am by Rick Hasen 

Bloomberg reports.


Posted in campaign finance | Comments Off 

¡°Citizens for Election Integrity Minnesota outlines some costs of voter suppression amendment¡± 
Posted on September 5, 2012 9:24 am by Rick Hasen 

This post appears at Bluestem Prarie.


Posted in election administration, The Voting Wars, voter id | Comments Off 

8th Circuit Unanimously Rejects Challenge to MN Corporate Contribution Ban; Divides on Disclosure Requirements 
Posted on September 5, 2012 9:23 am by Rick Hasen 

The Eighth Circuit has issued its en banc opinion in the Swanson case.  The Eighth Circuit now joins the Second, Fourth (after the rejection of the district court decision in Danielczyk) and Ninth Circuits (in the Thalheimer case in which I was involved) in holding that any challenge to corporate contribution bans in the lower courts is barred by the Supreme Court¡¯s decision in FEC v. Beaumont.  The 8th Circuit does drop a footnote however suggesting that if and when this issue reaches the Supreme Court again, the Court could well overrule Beaumont.  (Without a circuit split, however, the Court is less likely to take such a case.)
The 8th Circuit split, however, on a particular aspect of Minnesota¡¯s disclosure law which it said would put an onerous burden on small associations which want to engage in certain election-related speech.  The Court stressed however that political committees would still be required to disclose under Minnesota law, and that the part of the law imposing continuing reporting requirements might be severable from the rest of the law.


Posted in campaign finance | Comments Off 

Chapin on Husted¡¯s Decision to Ignore Court Order on Early Voting Pending Appeal 
Posted on September 5, 2012 8:56 am by Rick Hasen 

Here: ¡°Secretary Husted has clearly chosen Door #2 ¨C a wait and see approach that likely reflects some belief that his views will prevail on appeal. I also wouldn¡¯t be surprised if his decision also reflects an understanding of the Obama campaign¡¯s deep interest in re-opening early voting, which will ensure that most affected voters will be kept up-to-date on the ¡®rules of game¡¯ right up until Election Day.¡±


Posted in election administration, The Voting Wars, voting | Comments Off 

¡°Justice Department Clears New Hampshire Voter ID Law¡± 
Posted on September 5, 2012 8:52 am by Rick Hasen 

TPM links to the preclearance letter.


Posted in Department of Justice, The Voting Wars, voter id | Comments Off 

¡°Pentagon Report Finds Military Voting Efforts Underfunded, Ineffective¡± 
Posted on September 5, 2012 8:49 am by Rick Hasen 

TPM: ¡°The Pentagon¡¯s inspector general said in a report issued Tuesday that the federal government¡¯s efforts to assist military voters under the Military and Overseas Voter Empowerment Act aren¡¯t working thanks to underfunding and ineffective outreach to younger military personnel. Under the MOVE Act, every military installation that isn¡¯t in a war zone is required to establish a voting assistance office. But the Department of Defense inspector general tried contacting every one of those offices and wasn¡¯t able to contact half. The Air Force was the worst offender. The inspector was only able to contact 29 out of 74 offices.¡±
As I argue in The Voting Wars, the single biggest change we need to make for military voters is getting these voters registered.


Posted in military voting | Comments Off 

¡°Reform Advocates Take to Subways to Force SEC Disclosure Rule¡± 
Posted on September 5, 2012 8:46 am by Rick Hasen 

Roll Call reports.


Posted in campaign finance | Comments Off 

Rahm Goes Rogue 
Posted on September 5, 2012 8:45 am by Rick Hasen 

WaPo: ¡®Chicago Mayor Rahm Emanuel, a legendary fundraiser and political strategist before he won elected office, has dropped his honorary chairmanship of the Obama campaign to help raise big-dollar contributions so that Democrats can compete with what is emerging as a clear GOP fundraising advantage this election cycle, according to campaign and fundraising individuals. Emanuel made the switch to work with the pro-Obama SuperPac Priorities USA in the last two weeks, and news of it began circulating through Charlotte on Tuesday as the Democratic National Convention was getting underway.¡±


Posted in campaign finance | Comments Off 

Breaking News: Ninth Circuit Order Will Allow ¡°None of the Above¡± Option to Appear on Nevada Ballot 
Posted on September 4, 2012 10:45 pm by Rick Hasen 

A unanimous Ninth Circuit panel has issued an order which will have the effect (barring any Supreme Court action) of allowing Nevada voters to vote, as they have in the past, for ¡°None of the Above¡± on races on the ballot, including the presidential race.  Here are a few thoughts on that order:
1. This was a unanimous ruling by Judges Wardlaw, Reinhardt and Bea. This is significant because while Reinhardt is one of the most liberal judges on the Ninth Circuit, Judge Bea is one of the most conservatives, and Judge Bea has not hesitated to issue strong dissents on motions panels when convinced that emergency relief is wrong. Judge Bea¡¯s agreement will go a long way toward convincing the Supreme Court, should there be further emergency action, that this is not a liberal 9th Circuit panel running amok.
2. The order itself is short and simply points to the Winter factors for the granting of emergency relief.  But Judge Reinhardt issued a nine-page concurring opinion, which begins with the point that the state of Nevada is likely to succeed on the merits: ¡°I wish to make clear that the panel is in agreement that the basis for our grant of the stay of the district court¡¯s order pursuant to Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7 (2008), is that the likelihood of success on the merits overwhelmingly favors the state. Plaintiffs¡¯ arguments offer no colorable basis for this court to conclude that Nevada¡¯s 37- year-old statute providing for ¡®None of these candidates; ballots is contrary to the
Constitution or to any federal statute. A failure to stay forthwith issued by the district court would accordingly result in irreparable injury to the State of Nevada and its citizens, and would be directly contrary to the public interest.¡±  This strikes me as clearly right¨CI was very surprised by the district court ruling and was anxious to see any written opinion from the district court (there is none) explaining this curious ruling.
3. The remainder of Reinhardt¡¯s concurrence just rips into the district court judge for delaying this case repeatedly when it was clear that ballots needed to be printed in just a few days to get ballots out to military and overseas voters.  Really inexcusable conduct by the district court.  But it is also clear that Reinhardt wanted to be clear about some tricky jurisdictional questions in the case, given that the trial judge never issued a written opinion and has tried to assert continued jurisdiction over this matter.
4. Finally, politically, this ruling hurts Romney¡ªwho does not want protest voters in Nevada who dislike Obama to have another avenue to express dissatisfaction on the ballot.


Posted in campaigns, voting | Comments Off 

¡°South Carolina Says Voter ID Law¡¯s ¡®Reasonable Impediment¡¯ Is Whatever A Voter Says It Is¡± 
Posted on September 4, 2012 5:35 pm by Rick Hasen 

TPM reports.


Posted in election administration, The Voting Wars, voter id, Voting Rights Act | Comments Off 

¡°Expert FAQ: Do We Need Campaign Finance Reform?¡± 
Posted on September 4, 2012 5:20 pm by Rick Hasen 

This item appears at Nerd Wallet.


Posted in campaign finance | Comments Off 

¡°Too Many Secrets¡± 
Posted on September 4, 2012 5:18 pm by Rick Hasen 

Jewish Daily Forward editorial on 501c4s.


Posted in campaign finance, tax law and election law | Comments Off 

Power Line on the Minnesota Voter ID Litigation 
Posted on September 4, 2012 5:17 pm by Rick Hasen 

Here.


Posted in election administration, The Voting Wars, voter id | Comments Off 

Ohio SOS Jon Husted Refusing to Set Early Voting Hours Per Court Order until Appeals Process Over 
Posted on September 4, 2012 9:43 am by Rick Hasen 

Very interesting directive, and if the appeals process drags out then this could create some confusion close to the election.


Posted in election administration, The Voting Wars, voting | Comments Off 

Democratic Platform Language on Campaign Finance Reform 
Posted on September 4, 2012 9:39 am by Rick Hasen 

Via Ken Vogel:

Lobbying Reform and Campaign Finance Reform
Our political system is under assault by those who believe that special interests should be able to buy whatever they want in our society, including our government. Our opponents have applauded the Supreme Court¡¯s decision in Citizens United and welcomed the new flow of special interest money with open arms. In stark contrast, we believe we must take immediate action to curb the influence of lobbyists and special interests on our political institutions.
President Obama signed an executive order to establish unprecedented ethics rules so that those who leave the executive branch may not lobby this administration and officials may not accept gifts from lobbyists. We support campaign finance reform, by constitutional amendment if necessary. We support legislation to close loopholes and require greater disclosure of campaign spending. President Obama and the national Democratic Party do not accept contributions from federal lobbyists this cycle. We support requiring groups trying to influence elections to reveal their donors so the public will know who¡¯s funding the political ads it sees. President Obama and the Democrats are fighting to reduce the influence of money in politics, and holding Congress to higher conflict-of-interest standards.
 


Posted in campaign finance | Comments Off 

¡°Redistricting in Today¡¯s Changing Racial Landscape¡± 
Posted on September 4, 2012 9:36 am by Rick Hasen 

Abigail Thernstrom has written this article, published at 23 Stanford Law and Policy Review 373 (2012).  From the conclusion:

At its inception, the Voting Rights Act stood on very firm constitu-tional ground; it was pure antidiscrimination legislation designed to en-force basic Fifteenth Amendment rights. A clear principle justified its original enactment: citizens should not be judged by the color of their skin when states determine eligibility to vote. That clarity could not be sustained over time. As a result, more than four decades later, the law has be-come what Judge Bruce Selya has described as a ¡°Serbonian bog.¡± The legal land looks solid but is, in fact, a quagmire, into which ¡°plaintiffs and defendants, pundits and policymakers, judges and justices¡± have sunk.
In part the problem is the difficulty that ¡°plaintiffs and defendants, pundits and policymakers, judges and justices¡± are having in finding their footing in a racial context so very different than that in which the statute had been enforced for most of its life. In following its own recently issued guidelines, the Justice Department may not soon start down untraveled roads, recognizing the waning of American racism. But administrations come and go, new people take charge of civil rights enforcement at the DOJ, new judges are appointed, and the racial zeitgeist continues to change. Today¡¯s interpretation of the language of the guidelines is not likely to remain the definitive understanding of the demands of preclearance. Section 5 is set to expire in 2031; long before that date, the ¡°Procedures for the Attorney General¡¯s Administration of section five,¡± most recently issued in April 2011, will surely be altered in ways we cannot yet foresee. We know only this: the Ameri!
 can racial landscape is fluid, and the law does respond to change.


Posted in Department of Justice, Voting Rights Act | Comments Off 

¡°Swing states beware: It¡¯s the latest attack of the nonstop attack ads¡± 
Posted on September 4, 2012 9:19 am by Rick Hasen 

WaPo reports.


Posted in campaign finance, campaigns | Comments Off 

Jane Mayer Blog Post about ¡°Citizen Koch¡± 
Posted on September 4, 2012 8:49 am by Rick Hasen 

Here, at the New Yorker.


Posted in campaign finance | Comments Off 

¡°Beyond the Red, Purple, and Blue: Election Law Issues in 2012¡å 
Posted on September 4, 2012 8:28 am by Rick Hasen 

Here¡¯s information about an interesting conference at the University of Richmond:




*****





The University of Richmond Law Review presents the Allen Chair Symposium
Beyond the Red, Purple, and Blue: Election Law Issues in 2012
Date: Friday, October 5, 2012
Time: 8:30 a.m.-3:30 p.m.
Location: University of Richmond ¨C Ukrop Auditorium at the Robins School of Business and Merhige Moot Courtroom at the School of Law
Cost: No charge to attend
MCLE pending for 5.0 credits (0.0 ethics credits)
Register Now  
Panelists include:

Jocelyn F. Benson, Associate Professor of Law, Wayne State University Law School
Joshua A. Douglas, Assistant Professor of Law, University of Kentucky College of Law
Rebecca Green, Professor of the Practice of Law, Coordinator of the Election Law Program, and Assistant Director of the Center for Legal and Court Technology, William & Mary Law School
Dale Ho, Assistant Counsel of the Political Participation Group, NAACP Legal Defense and Educational Fund, Inc.
Steven F. Huefner, Professor of Law, Director of Clinical Programs, Legislation Clinic Director, and Senior Fellow of Election Law, The Ohio State University Michael E. Moritz College of Law
Jessica A. Levinson, Associate Clinical Professor, Loyola Law School
Dr. Michael P. McDonald, Associate Professor of Government and Politics, George Mason University
Michael J. Pitts, Professor of Law and Dean¡¯s Fellow, Indiana University Robert H. McKinney School of Law
Rob Richie, Executive Director, FairVote
 
Register Now  
 
University of Richmond School of Law
28 Westhampton Way
University of Richmond, Va. 23173


Posted in pedagogy | Comments Off 

¡°Five Ways Courts Say Texas Discriminated Against Black and Latino Voters¡± 
Posted on September 4, 2012 8:15 am by Rick Hasen 

ProPublica reports.


Posted in redistricting, voter id, Voting Rights Act | Comments Off 

Virgil Goode Makes Va. Ballot, Potentially Hurting Romney 
Posted on September 4, 2012 7:38 am by Rick Hasen 

Ben Pershing reports that further challenges may be coming.  [Here is Ben's updated report. "But the Virginia GOP filed a challenge last week arguing that too many of Goode¡¯s signatures are invalid. Republicans in Pennsylvania knocked Goode off the ballot in that state last month."]
Here¡¯s an earlier AP report on the decision which was facing the Va. Board of Elections. And here¡¯s Ben¡¯s July story on whether Goode will be a spoiler.


Posted in campaigns, third parties | Comments Off 

¡°Priorities USA Action Reports Record Monthly Donations¡± 
Posted on September 4, 2012 7:32 am by Rick Hasen 

NYT¡¯s ¡°The Caucus:¡± ¡°The Democratic ¡®super PAC¡¯ backing President Obama 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.¡±


Posted in campaign finance | Comments Off 

¡°Voter Suppression: The Confederacy Rises Again¡± 
Posted on September 4, 2012 7:18 am by Rick Hasen 

Ari Berman has written this piece for The Nation.


Posted in The Voting Wars, voting, Voting Rights Act | Comments Off 

¡°Judge orders new Democratic primary in 87th House race in St. Louis County¡± 
Posted on September 4, 2012 7:17 am by Rick Hasen 

St. Louis Post-Dispatch: ¡°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.¡±


Posted in campaigns, election administration | 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.¡± 
Posted on September 4, 2012 7:13 am by Rick Hasen 

Sherrilyn Ifill has written this piece for The Root.


Posted in The Voting Wars, Voting Rights Act | Comments Off 

¡°Data Issues in Texas Voter ID Case Highlight Coming Battle Over Voting Rights Act¡± 
Posted on September 4, 2012 6:58 am by Rick Hasen 

A ChapinBlog.


Posted in Department of Justice, The Voting Wars, voter id, Voting Rights Act | Comments Off 

¡°¡®Secret money¡¯ taking over campaign funds¡± 
Posted on September 4, 2012 6:55 am by Rick Hasen 

This article originally appeared in the Arizona Republic.


Posted in campaign finance, tax law and election law | 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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