[EL] Ohio early voting/W. Va. judicial elections decision/more news
Rick Hasen
rhasen at law.uci.edu
Fri Sep 7 12:03:54 PDT 2012
Breaking: Ohio SOS Husted Rescinds Early Voting Directive, Asks
District Court for Stay <http://electionlawblog.org/?p=39823>
Posted on September 7, 2012 12:01 pm
<http://electionlawblog.org/?p=39823> by Rick Hasen
<http://electionlawblog.org/?author=3>
Back on Sept. 4 I reported <http://electionlawblog.org/?p=39588> that
Ohio SOS Husted issued a directive
<http://www.sos.state.oh.us/SOS/Upload/elections/directives/2012/Dir2012-40.pdf>
which seemed to contradict the district court order to restore early
voting for all voters in Ohio. After the Obama campaign sought a direct
order from the Court requiring Husted to set early voting hours and
suggesting that Husted was already disobeying the court's order, the
court ordered Husted to personally appear
<http://electionlawblog.org/?p=39649> at the next hearing on this issue.
Today, Husted rescinded
<http://electionlawblog.org/wp-content/uploads/Dir2012-42.pdf> the
controversial directive. In a new filing
<http://electionlawblog.org/wp-content/uploads/State-Response.pdf> in
the district court, Husted apologized to the court, explained his
directive and his decision to rescind it, and requested a stay of the
district court's order while the matter is on appeal to the Sixth
Circuit. (TPM reports
<http://livewire.talkingpointsmemo.com/entry/military-groups-to-appeal-ohio-early-voting-ruling>
that the military groups which intervened in the district court are now
appealing as well.)
Should the district court issue the stay? This is a tough call. On the
one hand, it seems that Husted should be getting the ball in motion to
have the counties set uniform early voting hours for those last three
days in Ohio in the event this judge's decision is upheld on appeal. On
the other hand, there is something to the idea that setting hours and
then rescinding them could cause confusion---especially if voters rely
upon announced early voting that is later then taken away by the Sixth
Circuit. (The chances of an eventual reversal from the Sixth Circuit
appear fairly good to me---meaning these early voting hours will again
disappear.) It seems some kind of order which allows for contingency
plans to be put in place makes the most sense.
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<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D39823&title=Breaking%3A%20Ohio%20SOS%20Husted%20Rescinds%20Early%20Voting%20Directive%2C%20Asks%20District%20Court%20for%20Stay&description=Breaking%3A%20Ohio%20SOS%20Husted%20Rescinds%20Early%20Voting%20Directive%2C%20Asks%20District%20Court%20for%20Stay%0APosted%20on%20September%207%2C%202012%2012%3A01%20pm%20by%20Rick%20Hasen%0A%0ABack%20on%20Sept.%204%20I%20reported%20that%20Ohio%20SOS%20Husted%20issued%20a%20directive%20which%20seemed%20to%20contradict%20the%20district%20court%20order%20to%20restore%20early%20voting%20for%20all%20voters%20in%20Ohio.%20%20After%20the%20Obama%20campaign%20sought%20a%20direct%20order%20from%20the%20Court%20requiring%20Husted%20to%20set%20early%20voting%20hours%20and%20suggesting%20that%20Husted%20was%20already%20disobeying%20the%20court%E2%80%99s%20order%2C%20the%20court%20ordered%20Husted%20to%20personally%20appear%20at%20the%20next%20hearing%20on%20this%20issue.%0A%0AToday%2C%20Husted%20rescinded%20the%20controversial%20directive.%20%20In%20a%20new%20filing%20in%20the%20district%20court%2C%20Husted%20apologized%20to%20the%20court%2C%20explained%20his%20directive%20and%20his%20decision%20to%20rescind%20it%2C%20and%20requested%20a%20stay%20of%20the%20district%20court%E2%80%99s%20order%20while%20the%20matter%20is%20on%20appeal%20to%20the%20Sixth%20Circuit.%20%20%28TPM%20reports%20that%20the%20military%20groups%20which%20intervened%20in%20the%20district%20court%20are%20now%20appealing%20as%20well.%29%0A%0AShould%20the%20district%20court%20issue%20the%20stay%3F%20%20This%20is%20a%20tough%20call.%20%20On%20the%20one%20hand%2C%20it%20seems%20that%20Husted%20should%20be%20getting%20the%20ball%20in%20motion%20to%20have%20the%20counties%20set%20uniform%20early%20voting%20hours%20for%20those%20last%20three%20days%20in%20Ohio%20in%20the%20event%20this%20judge%E2%80%99s%20decision%20is%20upheld%20on%20appeal.%20%20On%20the%20other%20hand%2C%20there%20is%20something%20to%20the%20idea%20that%20setting%20hours%20and%20then%20rescinding%20them%20could%20cause%20confusion%E2%80%94especially%20if%20voters%20rely%20upon%20announced%20early%20voting%20that%20is%20later%20then%20taken%20away%20by%20the%20Sixth%20Circuit.%20%20%28The%20chances%20of%20an%20eventual%20reversal%20from%20the%20Sixth%20Circuit%20appear%20fairly%20good%20to%20me%E2%80%94meaning%20these%20early%20voting%20hours%20will%20again%20disappear.%29%20%20It%20seems%20some%20kind%20of%20order%20which%20allows%20for%20contingency%20plans%20to%20be%20put%20in%20place%20makes%20the%20most%20sense.%0AShare%0APosted%20in%20election%20administration%2C%20The%20Voting%20Wars%2C%20voting%09%7C%20Comments%20Off%0A%E2%80%9CThe%20Representative%20Government%20Principle%E2%80%9D%0APosted%20on%20September%207%2C%202012%2011%3A42%20am%20by%20Rick%20Hasen%0A%0ABertrall%20Ross%20has%20posted%20this%20draft%20on%20SSRN%20%28forthcoming%2CFordham%20Law%20Review%29.%20%20Here%20is%20the%20abstract%3A%0A%0A%20%20%20%20Challenges%20under%20the%20Equal%20Protection%20Clause%20require%20proof%20of%20intentional%20discrimination.%20That%20conventional%20account%20is%20rarely%20questioned%20by%20legal%20scholars%20or%20the%20courts.%20But%20that%20account%20cannot%20explain%20the%20success%20of%20equal%20protection%20challenges%20to%20electoral%20structures%20that%20dilute%20the%20vote%20of%20racial%20minorities.%20In%20the%20Supreme%20Court%E2%80%99s%20most%20recent%20constitutional%20vote%20dilution%20decisions%2C%20the%20Court%20has%20invalidated%20local%20electoral%20structure%20under%20the%20Equal%20Protection%20Clause%20because%20they%20deprived%20African%20Americans%20of%20the%20opportunity%20for%20effective%20representation%20in%20the%20political%20process.%20The%20Court%20reached%20its%20decisions%20despite%20the%20absence%20of%20any%20proof%20of%20intentional%20discrimination%20in%20the%20adoption%20of%20the%20electoral%20structure.%0A%0A%20%20%20%20In%20these%20vote%20dilution%20cases%2C%20the%20Supreme%20Court%20is%20best%20understood%20as%20applying%20a%20critical%20alternative%20principle%20underlying%20the%20Equal%20Protection%20Clause%2C%20the%20representative%20government%20principle.%20Using%20this%20principle%2C%20which%20originated%20in%20the%20reapportionment%20cases%20of%20the%201960s%2C%20the%20Court%20has%20invalidated%20structures%20that%20undermine%20two%20preconditions%20of%20representative%20government%3A%20majority%20rule%20and%20effective%20representation%20of%20minorities%20in%20the%20political%20process.%20It%20has%20done%20so%20even%20in%20the%20absence%20of%20evidence%20of%20intentional%20discrimination.%0A%0A%20%20%20%20Judicial%20protection%20of%20majority%20rule%20and%20minorities%E2%80%99%20effective%20representation%20in%20the%20political%20process%20is%20an%20under-recognized%20form%20of%20representation-structuring%20judicial%20review.%20Such%20review%20responds%20to%20the%20lack%20of%20institutional%20incentives%20for%20elected%20officials%20to%20change%20the%20status%20quo%20in%20furtherance%20of%20more%20democratic%20representation.%20This%20mode%20of%20review%20is%20necessary%20to%20establish%20the%20critical%20pre-conditions%20for%20the%20representation-reinforcing%20judicial%20review%20that%20the%20Court%20employs%20when%20addressing%20equal%20protection%20challenges%20outside%20the%20electoral%20structure%20context.%20Without%20establishing%20these%20pre-conditions%2C%20government%20decision-making%20cannot%20even%20be%20considered%20representative%20and%20representation-reinforcement%20fails%20as%20an%20approach%20to%20judicial%20review.%0A%0AShare%0APosted%20in%20voting%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0AHistorical%20Quote%20of%20the%20Day%0APosted%20on%20September%207%2C%202012%2011%3A39%20am%20by%20Rick%20Hasen%0A%0A%E2%80%9CThere%20is%20now%20before%20Congress%20a%20proposal%20to%20end%20literacy%20tests%20throughout%20the%20country%20so%20that%20thereafter%20all%20persons%20who%20can%20neither%20read%20nor%20write%20will%20be%20permitted%20to%20vote.%20This%20opens%20the%20way%20for%20bribery%20of%20voters%20and%20the%20commission%20of%20voting%20frauds.%E2%80%9D%0A%0A%E2%80%93David%20Lawrence%2C%20Palm%20Beach%20Post%2C%20July%201%2C%201969%0A%0A%5BThanks%20to%20a%20reader%20for%20passing%20this%20along.%5D%0AShare%0APosted%20in%20The%20Voting%20Wars%09%7C%20Comments%20Off%0ABreaking%3A%20West%20Va.%20Supreme%20Court%20Rejects%20Extra%20Matching%20Funds%20in%20State%20Judicial%20Elections%0APosted%20on%20September%207%2C%202012%2011%3A36%20am%20by%20Rick%20Hasen%0A%0AYou%20can%20find%20the%20unanimous%20opinion%20of%20the%20state%20Supreme%20Court%20%28with%20three%20Justices%20recusing%29%20at%20this%20link.%20In%20theArizona%20Free%20Enterprise%20Club%20case%2C%20the%20U.S.%20Supreme%20Court%20held%20that%20the%20First%20Amendment%20bars%20public%20financing%20plans%20which%20give%20extra%20matching%20funds%20when%20a%20participating%20candidate%20faces%20large%20spending%20from%20an%20opponent%20or%20outside%20entity.%20%20The%20West%20Virginia%20case%20considered%20whether%20such%20plans%20might%20be%20constitutional%20in%20judicial%20elections%2C%20on%20grounds%20that%20the%20state%E2%80%99s%20interest%20in%20public%20financing%20of%20judicial%20elections%20are%20different.%20%20Today%20the%20W.%20Va.%20court%20rejected%20such%20arguments.%0AShare%0APosted%20in%20campaign%20finance%2C%20judicial%20elections%09%7C%20Comments%20Off%0Avon%20Spakovsky%E2%80%99s%20Florida%20Non-Citizen%20Figures%20%E2%80%93%20A%20Correction%0APosted%20on%20September%207%2C%202012%2011%3A19%20am%20by%20Rick%20Hasen%0A%0AEarlier%20today%20I%20posted%20this%20item%20about%20how%20Florida%20has%20identified%20only%20%E2%80%9Cseveral%E2%80%9D%20noncitizens%20from%20its%20latest%20voter%20purge%20attempts%2C%20and%20I%20linked%20to%20an%20earlier%20blog%20post%20of%20mine%20in%20which%20I%20questioned%20the%20origin%20and%20veracity%20of%20von%20Spakovsky%E2%80%99s%20statement%20that%20state%20officials%20had%20claimed%20to%20have%20removed%2050%20non-citizen%20voters%20from%20the%20rolls.%0A%0AToday%20I%20received%20an%20email%20from%20von%20Spakovsky%20in%20which%20he%20pointed%20to%20this%20NPR%20report%20from%20a%20few%20days%20before%20my%20original%20post.%20%20It%20includes%20the%20following%20passage%3A%20%E2%80%9CRepublican%20Gov.%20Rick%20Scott%20says%20the%20state%20has%20an%20obligation%20to%20make%20sure%20that%20ineligible%20voters%20don%E2%80%99t%20cast%20ballots.%20State%20officials%20say%20they%E2%80%99ve%20already%20removed%20about%20100%20noncitizens%20from%20the%20rolls%20and%20that%20they%20have%20evidence%20about%20half%20of%20them%20voted%20in%20the%20past.%E2%80%9D%20%20So%20von%20Spakovksy%20reasonably%20could%20have%20cited%20the%2050-voter%20figure%20based%20upon%20this%20report.%0A%0AI%20have%20serious%20doubts%20about%20the%20state%E2%80%99s%20earlier%20numbers%2C%20given%20the%20Dan%20Smith%20analysis%20and%20the%20new%20NPR%20report%20linked%20in%20my%20last%20post.%20But%20that%E2%80%99s%20besides%20the%20point%20of%20this%20post%E2%80%94on%20this%20claim%2C%20von%20Spakovksy%20appears%20to%20have%20accurately%20relied%20upon%20a%20state%20report%20and%20I%20stand%20corrected.%0A%0AIncidentally%2C%20this%20is%20the%20first%20email%20I%E2%80%99ve%20received%20from%20von%20Spakovsky%20since%20he%20stonewalled%20me%20on%20the%201984%20grand%20jury%20report.>
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
"The Representative Government Principle"
<http://electionlawblog.org/?p=39820>
Posted on September 7, 2012 11:42 am
<http://electionlawblog.org/?p=39820> by Rick Hasen
<http://electionlawblog.org/?author=3>
Bertrall Ross has postedthis draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2121793>on SSRN
(forthcoming,Fordham Law Review). Here is the abstract:
Challenges under the Equal Protection Clause require proof of
intentional discrimination. That conventional account is rarely
questioned by legal scholars or the courts. But that account cannot
explain the success of equal protection challenges to electoral
structures that dilute the vote of racial minorities. In the Supreme
Court's most recent constitutional vote dilution decisions, the
Court has invalidated local electoral structure under the Equal
Protection Clause because they deprived African Americans of the
opportunity for effective representation in the political process.
The Court reached its decisions despite the absence of any proof of
intentional discrimination in the adoption of the electoral structure.
In these vote dilution cases, the Supreme Court is best understood
as applying a critical alternative principle underlying the Equal
Protection Clause, the representative government principle. Using
this principle, which originated in the reapportionment cases of the
1960s, the Court has invalidated structures that undermine two
preconditions of representative government: majority rule and
effective representation of minorities in the political process. It
has done so even in the absence of evidence of intentional
discrimination.
Judicial protection of majority rule and minorities' effective
representation in the political process is an under-recognized form
of representation-structuring judicial review. Such review responds
to the lack of institutional incentives for elected officials to
change the status quo in furtherance of more democratic
representation. This mode of review is necessary to establish the
critical pre-conditions for the representation-reinforcing judicial
review that the Court employs when addressing equal protection
challenges outside the electoral structure context. Without
establishing these pre-conditions, government decision-making cannot
even be considered representative and representation-reinforcement
fails as an approach to judicial review.
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Posted in voting <http://electionlawblog.org/?cat=31>, Voting Rights Act
<http://electionlawblog.org/?cat=15> | Comments Off
Historical Quote of the Day <http://electionlawblog.org/?p=39817>
Posted on September 7, 2012 11:39 am
<http://electionlawblog.org/?p=39817> by Rick Hasen
<http://electionlawblog.org/?author=3>
"There is now before Congress a proposal to end literacy tests
throughout the country so that thereafter all persons who can neither
read nor write will be permitted to vote. This opens the way for bribery
of voters and the commission of voting frauds."
--David Lawrence
<http://news.google.com/newspapers?id=a6M1AAAAIBAJ&sjid=e7UFAAAAIBAJ&dq=literacy%20test&pg=3359%2C405611>,
/Palm Beach Post/, July 1, 1969
[Thanks to a reader for passing this along.]
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Breaking: West Va. Supreme Court Rejects Extra Matching Funds in
State Judicial Elections <http://electionlawblog.org/?p=39814>
Posted on September 7, 2012 11:36 am
<http://electionlawblog.org/?p=39814> by Rick Hasen
<http://electionlawblog.org/?author=3>
You can find the unanimous opinion of the state Supreme Court (with
three Justices recusing) at this link.
<http://www.courtswv.gov/supreme-court/docs/fall2012/12-0899.pdf> In
theArizona Free Enterprise Club case, the U.S. Supreme Court held that
the First Amendment bars public financing plans which give extra
matching funds when a participating candidate faces large spending from
an opponent or outside entity. The West Virginia case considered
whether such plans might be constitutional in judicial elections, on
grounds that the state's interest in public financing of judicial
elections are different. Today the W. Va. court rejected such arguments.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
judicial elections <http://electionlawblog.org/?cat=19> | Comments Off
von Spakovsky's Florida Non-Citizen Figures -- A Correction
<http://electionlawblog.org/?p=39810>
Posted on September 7, 2012 11:19 am
<http://electionlawblog.org/?p=39810> by Rick Hasen
<http://electionlawblog.org/?author=3>
Earlier today I posted this item <http://electionlawblog.org/?p=39792>
about how Florida has identified only "several" noncitizens from its
latest voter purge attempts, and I linked to an earlier blog post of
mine in which I questioned the origin and veracity of von Spakovsky's
statement that state officials had claimed to have removed 50
non-citizen voters from the rolls.
Today I received an email from von Spakovsky in which he pointed to this
NPR report
<http://www.npr.org/blogs/itsallpolitics/2012/06/12/154872263/justice-department-sues-florida-as-voter-battle-intensifies>from
a few days before my original post. It includes the following passage:
"Republican Gov. Rick Scott says the state has an obligation to make
sure that ineligible voters don't cast ballots. State officials say
they've already removed about 100 noncitizens from the rolls and that
they have evidence about half of them voted in the past." So von
Spakovksy reasonably could have cited the 50-voter figure based upon
this report.
I have serious doubts about the state's earlier numbers, given the Dan
Smith analysis <http://wp.me/p1udrZ-av> and the new NPR report
<http://www.npr.org/blogs/itsallpolitics/2012/09/05/160624313/florida-colorado-voter-purges-net-few-noncitizens-so-far?sc=tw>
linked in my last post. But that's besides the point of this post---on
this claim, von Spakovksy appears to have accurately relied upon a state
report and I stand corrected.
Incidentally, this is the first email I've received from von Spakovsky
since he stonewalled me <http://electionlawblog.org/?p=19560> on the
1984 grand jury report.
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60>, voter
registration <http://electionlawblog.org/?cat=37>, voting
<http://electionlawblog.org/?cat=31> | Comments Off
"Revealed: The Dark Money Group Attacking Sen. Sherrod Brown"
<http://electionlawblog.org/?p=39807>
Posted on September 7, 2012 8:49 am
<http://electionlawblog.org/?p=39807> by Rick Hasen
<http://electionlawblog.org/?author=3>
Great reporting in this ProPublica report
<http://www.propublica.org/article/revealed-the-dark-money-group-attacking-sen-sherrod-brown?utm_source=twitter_socialflow>
by Justin Elliott.
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<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D39807&title=%E2%80%9CRevealed%3A%20The%20Dark%20Money%20Group%20Attacking%20Sen.%20Sherrod%20Brown%E2%80%9D&description=Breaking%3A%20Ohio%20SOS%20Husted%20Rescinds%20Early%20Voting%20Directive%2C%20Asks%20District%20Court%20for%20Stay%0APosted%20on%20September%207%2C%202012%2012%3A01%20pm%20by%20Rick%20Hasen%0A%0ABack%20on%20Sept.%204%20I%20reported%20that%20Ohio%20SOS%20Husted%20issued%20a%20directive%20which%20seemed%20to%20contradict%20the%20district%20court%20order%20to%20restore%20early%20voting%20for%20all%20voters%20in%20Ohio.%20%20After%20the%20Obama%20campaign%20sought%20a%20direct%20order%20from%20the%20Court%20requiring%20Husted%20to%20set%20early%20voting%20hours%20and%20suggesting%20that%20Husted%20was%20already%20disobeying%20the%20court%E2%80%99s%20order%2C%20the%20court%20ordered%20Husted%20to%20personally%20appear%20at%20the%20next%20hearing%20on%20this%20issue.%0A%0AToday%2C%20Husted%20rescinded%20the%20controversial%20directive.%20%20In%20a%20new%20filing%20in%20the%20district%20court%2C%20Husted%20apologized%20to%20the%20court%2C%20explained%20his%20directive%20and%20his%20decision%20to%20rescind%20it%2C%20and%20requested%20a%20stay%20of%20the%20district%20court%E2%80%99s%20order%20while%20the%20matter%20is%20on%20appeal%20to%20the%20Sixth%20Circuit.%20%20%28TPM%20reports%20that%20the%20military%20groups%20which%20intervened%20in%20the%20district%20court%20are%20now%20appealing%20as%20well.%29%0A%0AShould%20the%20district%20court%20issue%20the%20stay%3F%20%20This%20is%20a%20tough%20call.%20%20On%20the%20one%20hand%2C%20it%20seems%20that%20Husted%20should%20be%20getting%20the%20ball%20in%20motion%20to%20have%20the%20counties%20set%20uniform%20early%20voting%20hours%20for%20those%20last%20three%20days%20in%20Ohio%20in%20the%20event%20this%20judge%E2%80%99s%20decision%20is%20upheld%20on%20appeal.%20%20On%20the%20other%20hand%2C%20there%20is%20something%20to%20the%20idea%20that%20setting%20hours%20and%20then%20rescinding%20them%20could%20cause%20confusion%E2%80%94especially%20if%20voters%20rely%20upon%20announced%20early%20voting%20that%20is%20later%20then%20taken%20away%20by%20the%20Sixth%20Circuit.%20%20%28The%20chances%20of%20an%20eventual%20reversal%20from%20the%20Sixth%20Circuit%20appear%20fairly%20good%20to%20me%E2%80%94meaning%20these%20early%20voting%20hours%20will%20again%20disappear.%29%20%20It%20seems%20some%20kind%20of%20order%20which%20allows%20for%20contingency%20plans%20to%20be%20put%20in%20place%20makes%20the%20most%20sense.%0AShare%0APosted%20in%20election%20administration%2C%20The%20Voting%20Wars%2C%20voting%09%7C%20Comments%20Off%0A%E2%80%9CThe%20Representative%20Government%20Principle%E2%80%9D%0APosted%20on%20September%207%2C%202012%2011%3A42%20am%20by%20Rick%20Hasen%0A%0ABertrall%20Ross%20has%20posted%20this%20draft%20on%20SSRN%20%28forthcoming%2CFordham%20Law%20Review%29.%20%20Here%20is%20the%20abstract%3A%0A%0A%20%20%20%20Challenges%20under%20the%20Equal%20Protection%20Clause%20require%20proof%20of%20intentional%20discrimination.%20That%20conventional%20account%20is%20rarely%20questioned%20by%20legal%20scholars%20or%20the%20courts.%20But%20that%20account%20cannot%20explain%20the%20success%20of%20equal%20protection%20challenges%20to%20electoral%20structures%20that%20dilute%20the%20vote%20of%20racial%20minorities.%20In%20the%20Supreme%20Court%E2%80%99s%20most%20recent%20constitutional%20vote%20dilution%20decisions%2C%20the%20Court%20has%20invalidated%20local%20electoral%20structure%20under%20the%20Equal%20Protection%20Clause%20because%20they%20deprived%20African%20Americans%20of%20the%20opportunity%20for%20effective%20representation%20in%20the%20political%20process.%20The%20Court%20reached%20its%20decisions%20despite%20the%20absence%20of%20any%20proof%20of%20intentional%20discrimination%20in%20the%20adoption%20of%20the%20electoral%20structure.%0A%0A%20%20%20%20In%20these%20vote%20dilution%20cases%2C%20the%20Supreme%20Court%20is%20best%20understood%20as%20applying%20a%20critical%20alternative%20principle%20underlying%20the%20Equal%20Protection%20Clause%2C%20the%20representative%20government%20principle.%20Using%20this%20principle%2C%20which%20originated%20in%20the%20reapportionment%20cases%20of%20the%201960s%2C%20the%20Court%20has%20invalidated%20structures%20that%20undermine%20two%20preconditions%20of%20representative%20government%3A%20majority%20rule%20and%20effective%20representation%20of%20minorities%20in%20the%20political%20process.%20It%20has%20done%20so%20even%20in%20the%20absence%20of%20evidence%20of%20intentional%20discrimination.%0A%0A%20%20%20%20Judicial%20protection%20of%20majority%20rule%20and%20minorities%E2%80%99%20effective%20representation%20in%20the%20political%20process%20is%20an%20under-recognized%20form%20of%20representation-structuring%20judicial%20review.%20Such%20review%20responds%20to%20the%20lack%20of%20institutional%20incentives%20for%20elected%20officials%20to%20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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
--
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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