[EL] ELB News and Commentary 9/13/12
Rick Hasen
rhasen at law.uci.edu
Wed Sep 12 21:36:23 PDT 2012
"Pa. Supreme Court hearings on voter ID and redistricting to be
televised" <http://electionlawblog.org/?p=40128>
Posted on September 12, 2012 9:32 pm
<http://electionlawblog.org/?p=40128> by Rick Hasen
<http://electionlawblog.org/?author=3>
Tomorrow morning is the PA voter id oral argument in the state supreme
Court. The good news
<http://www.pennlive.com/midstate/index.ssf/2012/08/pa_supreme_court_hearings_on_v.html>
is that it will be televised. The bad news is that it looks like there
won't be a webcast unless you subscribe to PCN Select.
<http://pcntv.com/blog/2012/09/10/live-on-sept-13-supreme-court-redistricting-and-voter-id-arguments/>
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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
"Test-driving California's Election Reforms"
<http://electionlawblog.org/?p=40125>
Posted on September 12, 2012 9:16 pm
<http://electionlawblog.org/?p=40125> by Rick Hasen
<http://electionlawblog.org/?author=3>
PPIC has issuedthis report
<http://www.ppic.org/main/publication_quick.asp?i=1032> by Eric McGee
and Daniel Krimm. Here is the summary:
In the June 2012 primary, California tested two important electoral
changes: new legislative and congressional districts drawn by an
independent citizens commission and a "top two" primary system. The
results suggest the reforms produced some changes---in particular,
more open seats and more competition. However, there was also a
great deal of continuity with recent elections: most candidates
endorsed by a major party and all incumbents are advancing to the
fall election and partisan outcomes were broadly in line with what
might have been expected under the old primary system. Over time,
the reforms may produce more radical change, but the first step on
the road of reform has been a small one.
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Posted in citizen commissions <http://electionlawblog.org/?cat=7>,
political parties <http://electionlawblog.org/?cat=25>, primaries
<http://electionlawblog.org/?cat=32>, redistricting
<http://electionlawblog.org/?cat=6> | Comments Off
"Challengers of voting-law changes win some battles, but outcomes
still unsettled" <http://electionlawblog.org/?p=40122>
Posted on September 12, 2012 9:08 pm
<http://electionlawblog.org/?p=40122> by Rick Hasen
<http://electionlawblog.org/?author=3>
Important WaPo report
<http://www.washingtonpost.com/politics/decision2012/challengers-of-voting-law-changes-win-some-battles-but-outcomes-still-unsettled/2012/09/12/932690c4-fce8-11e1-b153-218509a954e1_story.html>
contains this important tidbit following up on my earlier post
<http://electionlawblog.org/?p=40071> on conflicting numbers from
Florida's press release on noncitizen voting and plaintiff announcements:
Florida on Wednesday agreed to terms with groups that alleged the
state's efforts to cull potential non-citizens from voting rolls
<http://www.washingtonpost.com/politics/as-always-florida-in-the-middle-of-the-voting-wars/2012/08/19/892f6fae-e871-11e1-8487-64e4b2a79ba8_story.html>targeted
Hispanics. The state said it would have election officials contact
2,600 potential non-citizens on a list released this summer to tell
them they were eligible to vote in the fall.
The state said Wednesday that after gaining access to a federal
database of those registered as non-citizens, it found 207 names on
voting rolls. The state originally had identified 180,000 possible
noncitizens out of the state's 11.2 million voters.
*The state has not discovered whether any of the 207 had ever voted
or were registered by accident*, but Florida Secretary of State Ken
Detzner said it showed the state has a "successful process to
identify illegally registered voters."
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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
"Pennsylvania's Bad Election Law" <http://electionlawblog.org/?p=40120>
Posted on September 12, 2012 9:04 pm
<http://electionlawblog.org/?p=40120> by Rick Hasen
<http://electionlawblog.org/?author=3>
NYT editorial
<http://www.nytimes.com/2012/09/13/opinion/pennsylvanias-bad-election-law.html>.
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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
"After Mistakenly Purging Citizens, Florida Agrees to Let Them Vote"
<http://electionlawblog.org/?p=40117>
Posted on September 12, 2012 8:54 pm
<http://electionlawblog.org/?p=40117> by Rick Hasen
<http://electionlawblog.org/?author=3>
NYT
<http://www.nytimes.com/2012/09/13/us/politics/florida-agrees-to-let-citizens-mistakenly-purged-from-rolls-to-vote.html?ref=politics>:
"In a partial victory for voter rights and immigrant groups, Florida
residents who were mistakenly removed from the voter rolls this year
because the state classified them as noncitizens will be returned to the
rolls and allowed to vote in November. The Florida Department of State,
which initiated the review of noncitizens on the voter rolls, also
agreed Wednesday to inform the 2,625 people on the list who are eligible
to vote that their voting rights had been fully restored. Still
unresolved is whether Florida broke a federal law preventing voter
purges within 90 days of an election."
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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
"Obama Grows More Reliant on Big-Money Contributors"
<http://electionlawblog.org/?p=40114>
Posted on September 12, 2012 8:51 pm
<http://electionlawblog.org/?p=40114> by Rick Hasen
<http://electionlawblog.org/?author=3>
Must-read
<http://www.nytimes.com/2012/09/13/us/politics/obama-grows-more-reliant-on-big-money-contributors.html?_r=1&ref=politics>
NYT report (and relatedeye-popping list
<http://www.nytimes.com/interactive/2012/09/13/us/politics/obamas-top-fund-raisers.html?ref=politics>):
All told, Mr. Obama's top "bundlers" --- people who gather checks
from friends and business associates --- raised or gave at least
$200 million for Mr. Obama's re-election bid and the Democratic
National Committee through the end of May, close to half of the
total up to that point, according to internal campaign documents
obtained by The New York Times.
The documents provide a detailed look into the intricate world of
presidential fund-raising, which Mr. Obama and his team have
mastered, and donor-stroking, which some supporters complain they
have not. The campaign closely monitors its top bundlers, rating
them by how much each individual or couple has raised and donated
each year going back to 2007.
Officials used that amount, in turn, to offer donor packages of
access and entertainment for the convention last week, themed to the
location in North Carolina: "OBX" (bumper-sticker shorthand for the
Outer Banks) for those raising at least $1 million, down to
"Carolina on My Mind" for those who have donated merely $75,800 to
Mr. Obama and the Democratic National Committee, the maximum allowed
under federal law.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Voter fraud and its discontents; Restricting the franchise"
<http://electionlawblog.org/?p=40111>
Posted on September 12, 2012 8:49 pm
<http://electionlawblog.org/?p=40111> by Rick Hasen
<http://electionlawblog.org/?author=3>
This item
<http://www.economist.com/blogs/democracyinamerica/2012/09/voter-fraud-and-its-discontents>
appears at the "Democracy in America" blog ofThe Economist.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"HHS Secretary Kathleen Sebelius's comments violated Hatch Act, OSC
concludes" <http://electionlawblog.org/?p=40108>
Posted on September 12, 2012 8:47 pm
<http://electionlawblog.org/?p=40108> by Rick Hasen
<http://electionlawblog.org/?author=3>
Politico reports
<http://www.politico.com/news/stories/0912/81122.html?hp=l5>.
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Posted in ethics investigations <http://electionlawblog.org/?cat=42> |
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'In 2012 race, lawyers, law firms contribute twice as much to Obama
than Romney" <http://electionlawblog.org/?p=40105>
Posted on September 12, 2012 3:56 pm
<http://electionlawblog.org/?p=40105> by Rick Hasen
<http://electionlawblog.org/?author=3>
NLJ reports
<http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202571011541&et=editorial&bu=National%20Law%20Journal&cn=20120912nlj&src=EMC-Email&pt=NLJ.com-%20Daily%20Headlines&kw=In%202012%20race%2C%20lawyers%2C%20law%20firms%20contribute%20twice%20as%20much%20to%20Obama%20than%20Romney>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Leahy Scraps with Jones Day Lawyer Over Citizens United"
<http://electionlawblog.org/?p=40102>
Posted on September 12, 2012 3:53 pm
<http://electionlawblog.org/?p=40102> by Rick Hasen
<http://electionlawblog.org/?author=3>
BLT reports
<http://legaltimes.typepad.com/blt/2012/09/leahy-jones-day-lawyer-scrap-over-citizens-united-in-spirited-senate-hearing.html>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"US campaigns prepare for post-election court fights on voting laws"
<http://electionlawblog.org/?p=40099>
Posted on September 12, 2012 3:40 pm
<http://electionlawblog.org/?p=40099> by Rick Hasen
<http://electionlawblog.org/?author=3>
Reuters reports.
<http://www.reuters.com/article/2012/09/12/usa-campaign-vote-laws-idUSL1E8KBCO620120912>
A snippet in which I am quoted:
If Pennsylvania's law is upheld, the state will have to find a way
to get the required photo identification to about 750,000 registered
voters who the state says lack the kind of ID they'll need on
Election Day.
That could lead to a raft of lawsuits after the election, if voters
do not have enough time to get the right ID or if election officials
do not implement new laws uniformly across the state, Hasen said.
"If you write a play you wouldn't premier it on Broadway," Hasen
said. "If you implement a brand new law in time for the presidential
election, it could just be bad."
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"Rove's Crossroads GPS Gets Explicit In Anti-Obama Air War"
<http://electionlawblog.org/?p=40097>
Posted on September 12, 2012 3:38 pm
<http://electionlawblog.org/?p=40097> by Rick Hasen
<http://electionlawblog.org/?author=3>
Rove getting "explicit"
<http://www.npr.org/blogs/itsallpolitics/2012/09/12/161029173/roves-crossroads-gps-gets-explicit-in-anti-obama-air-war?ft=1&f=1003>
is not nearly as interesting as it sounds.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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Judge Denies Motion to Dismiss in Iowa Emergency Voter Purge Case
<http://electionlawblog.org/?p=40095>
Posted on September 12, 2012 3:34 pm
<http://electionlawblog.org/?p=40095> by Rick Hasen
<http://electionlawblog.org/?author=3>
AP says <http://www.omaha.com/article/20120912/NEWS/709129852/1707> the
judge will now rule on the merits.
As an aside, I am here in Dekalb, Illiniois, the closest I have ever
been in my life (on the ground at least) to Iowa.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"Rokita, Miller Introduce Voter Registration Integrity Act"
<http://electionlawblog.org/?p=40090>
Posted on September 12, 2012 3:29 pm
<http://electionlawblog.org/?p=40090> by Rick Hasen
<http://electionlawblog.org/?author=3>
See this press release
<http://electionlawblog.org/wp-content/uploads/Press-Release-9.12.2012-Voter-Registration-Integrity-Act1.pdf>.
This looks like sensible legislation to me, though note the digs at the
Democrat who had to drop out of a Maryland House race for potential
voting in two states, suggesting the timing here is for political gain.
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Posted in election administration <http://electionlawblog.org/?cat=18> |
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"Votes and Voices in 2012 -- Issues Surrounding the November
Election and Beyond" <http://electionlawblog.org/?p=40087>
Posted on September 12, 2012 3:23 pm
<http://electionlawblog.org/?p=40087> by Rick Hasen
<http://electionlawblog.org/?author=3>
The University of Toledo College of law will havethis interesting
symposium <http://law.utoledo.edu/students/lawreview/electionlaw.htm> on
October 19. Great line up, and sure to be interesting keynote speaker:
OH SOS Jon Husted.
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Posted in pedagogy <http://electionlawblog.org/?cat=23> | Comments Off
Colorado Votes for Obama to Be Overturned Because of Bar Codes on
Ballots? <http://electionlawblog.org/?p=40084>
Posted on September 12, 2012 3:18 pm
<http://electionlawblog.org/?p=40084> by Rick Hasen
<http://electionlawblog.org/?author=3>
Marylin Marks' new allegations
<http://www.dailycamera.com/letters/ci_21508584/marilyn-marks-privacy-concerns-barcoded-ballots>
deserve some reporting.
More generally Colorado's ballot wars have been getting scant national
attention, aside from some excellent Tom Curry reporting.
<http://nbcpolitics.nbcnews.com/_news/2012/07/27/12991424-election-official-could-be-pivotal-in-battleground-colorado?lite>
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"Change the Game: Depoliticizing Election and Campaign Finance
Administration in Colorado" <http://electionlawblog.org/?p=40081>
Posted on September 12, 2012 3:14 pm
<http://electionlawblog.org/?p=40081> by Rick Hasen
<http://electionlawblog.org/?author=3>
Colorado Ethics Watch has issuedthis report.
<http://www.coloradoforethics.org/co-pages/changethegame>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
election administration <http://electionlawblog.org/?cat=18>, The Voting
Wars <http://electionlawblog.org/?cat=60> | Comments Off
"Obama's fundraising machine leaves Romney in the dust"
<http://electionlawblog.org/?p=40079>
Posted on September 12, 2012 3:13 pm
<http://electionlawblog.org/?p=40079> by Rick Hasen
<http://electionlawblog.org/?author=3>
Sunlight
<http://reporting.sunlightfoundation.com/2012/obamas-fundraising-machine-leaves-romney-dust/>:
" So can we finally stop hearing the erroneous claim
<http://sunlightfoundation.com/blog/2012/08/22/obama-bad-at-fundraising-numbers-tell-a-different-story/>
that Republican presidential candidate Mitt Romney is winning the
fundraising battle against President Barack Obama, the all-time champion
when it comes to vacuuming up campaign cash? In August, the GOP nominee
had his best month of fundraising--and fell about $2 million short of
Obama's haul."
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"The Missouri voter ID scandal that wasn't"
<http://electionlawblog.org/?p=40076>
Posted on September 12, 2012 3:03 pm
<http://electionlawblog.org/?p=40076> by Rick Hasen
<http://electionlawblog.org/?author=3>
The Boston Globe posts the most important piece
<http://www.boston.com/bostonglobe/editorial_opinion/blogs/the_angle/2012/09/the_missouri_vo.html>
on voter impersonation fraud in a while:
It's the biggest voter ID scandal you never heard of. An election in
the United States stolen right under the noses of election officials
thanks to lax laws and voter fraud.
A primary election for the Missouri State House normally doesn't
draw much national attention. But proponents of voter ID laws have
seized on the election, which was decided by a single vote, claiming
it shows why governments need to crack down on what they view as an
epidemic of voter fraud.
This race, frequently cited by leading voter ID advocates like Kris
Korbach, Kansas's secretary of state, and the Heritage Foundation's
Hans Von Spakovsky has been described as an election "stolen ...
[with] votes illegally cast by citizens of Somalia." As a result, it
has become one of the key examples pointed to by voter ID advocates.
It's a concrete example of an election where fraudulent votes
actually decided the result.
There's just one problem with this tale of voter fraud: it never
happened. No fraud was ever found and the only irregularities cited
by the courts that heard the case were unrelated to voter ID.
Regular blog readers will remember what happened when I called out von
Spakovsky on this a while back. See here
<http://electionlawblog.org/?p=20953>and here
<http://electionlawblog.org/?p=21016>.
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Posted in chicanery <http://electionlawblog.org/?cat=12>, election
administration <http://electionlawblog.org/?cat=18>, fraudulent fraud
squad <http://electionlawblog.org/?cat=8>, The Voting Wars
<http://electionlawblog.org/?cat=60> | Comments Off
"The Republicans' Keep-Down-the-Vote Strategy"
<http://electionlawblog.org/?p=40074>
Posted on September 12, 2012 2:59 pm
<http://electionlawblog.org/?p=40074> by Rick Hasen
<http://electionlawblog.org/?author=3>
Margaret Carlson
<http://www.bloomberg.com/news/2012-09-11/the-republicans-keep-down-the-vote-strategy.html>
for Bloomberg View.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
Lack of Clarity on Florida Voter Purge
<http://electionlawblog.org/?p=40071>
Posted on September 12, 2012 12:47 pm
<http://electionlawblog.org/?p=40071> by Rick Hasen
<http://electionlawblog.org/?author=3>
I just linked to this press release
<http://electionlawblog.org/?p=40063>where Florida says it has found 207
noncitizens on its rolls. Yet FDL reports that Florida is giving up
<http://news.firedoglake.com/2012/09/12/florida-essentially-gives-up-on-voter-purge-efforts/>
on its voter purge after finding only one non-citizen voter. And I've
been warned by a reader that Florida's 207 figure may not stand up to
scrutiny.
So stand by....
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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
"GOP-backed military coalition drops veil: Obama seeks to 'undermine
the rights of military voters'" <http://electionlawblog.org/?p=40066>
Posted on September 12, 2012 12:24 pm
<http://electionlawblog.org/?p=40066> by Rick Hasen
<http://electionlawblog.org/?author=3>
Zach Roth blogs
<http://leanforward.msnbc.com/_news/2012/09/12/13831038-gop-backed-military-coalition-drops-veil-obama-seeks-to-undermine-the-rights-of-military-voters?lite>.
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"Florida's Voter Eligibility Initiative Confirms 207 Non-citizens on
Voter Rolls Using SAVE Database, Around 8 Percent of Voters Checked"
<http://electionlawblog.org/?p=40063>
Posted on September 12, 2012 12:22 pm
<http://electionlawblog.org/?p=40063> by Rick Hasen
<http://electionlawblog.org/?author=3>
Press release from Florida Secretary of State below. It would be
interesting to know how many of these voters identified as non-citizens
actually cast ballots and to see if critics agree that the 207 figure is
accurate:
*Florida**'s Voter Eligibility Initiative Confirms 207 Non-citizens
on Voter Rolls *
*Using SAVE Database, Around 8 Percent of Voters Checked*
/
/
TALLAHASSEE--The U.S. Department of Homeland Security's Systematic
Alien Verification for Entitlements Program (SAVE) database as well
as personal admissions from illegally registered voters have
confirmed 207 non-citizens have been on Florida's voter rolls. The
confirmed names will be provided to county supervisors of elections
shortly after supervisors complete their federal training on how to
use the SAVE database, which they are expected to do this week.
"The Voter Eligibility Initiative is already proving to be a
successful process to identify illegally registered voters on
Florida's voter rolls," said Secretary of State Ken Detzner. "We
want every Florida voter to be confident that their vote is
protected and not hurt in any way by the illegal activity of others.
We know that every vote counts, especially here in Florida where
only 537 votes decided the presidential election in 2000."
Department of State employees recently completed their training on
how to use the SAVE database. Since training has been completed,
these employees have been checking the legal status of 2,625
potential non-citizens whose names were provided to supervisors of
elections in April. Following the review of these potential
non-citizens, the department will conduct a new matching process
with the state's driver's license database to identify additional
potential non-citizens whose current status needs to be confirmed by
the SAVE database.
Under the department's new Voter Eligibility Initiative using the
SAVE database, no names of potential non-citizens will be sent to
supervisors of elections without having first been reviewed by DOS,
checked by the federal SAVE database and verified by SAVE as
noncitizens. When a supervisor of elections receives information
from DOS that a registered voter is a potential non-citizen, the
supervisor must begin the statutory notice and removal process.
Potential non-citizens will be provided an explanation of the basis
for their potential ineligibility and an opportunity to request a
hearing to dispute the determination of potential ineligibility.
In response to the department's new process to identify non-citizens
on the voter rolls earlier this summer, plaintiffs in the Arcia vs.
Detzner case today dismissed three counts in their complaint that
challenged the previous process. The only count remaining in the
Arcia vs. Detzner case now focuses on the 90 day timeframe. In a
separate lawsuit filed by the U.S. Department of Justice (DOJ), a
federal judge upheld Florida's right to remove non-citizens from the
voter rolls whenever they are identified. The judge said that the
state and federal government should work together because illegally
registered non-citizens voting constitutes "irreparable harm" to
Florida and its voters.
# # #
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The Voting Wars <http://electionlawblog.org/?cat=60>, voting
<http://electionlawblog.org/?cat=31> | 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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