[EL] The Pa. Supreme Court's Curious Voter ID Punt
Adam Bonin
adam at boninlaw.com
Wed Sep 19 06:55:01 PDT 2012
One could fairly ask this question, however: given how little room the
Supreme Court left the Commonwealth Court to do anything but enjoin the
statute, are the slim chances of the statute's survival worth the enormous
costs in attempted compliance and voter uncertainty during the month which
will follow, as well as continued voter confusion even if the law is
enjoined? (Supremes hear argument again the week of October 15-19, so this
now won't be finally resolved until within two weeks of the election.)
Adam C. Bonin
The Law Office of Adam C. Bonin
1900 Market Street, 4th Floor
Philadelphia, PA 19103
(215) 864-8002 (w)
(215) 701-2321 (f)
(267) 242-5014 (c)
adam at boninlaw.com
http://www.boninlaw.com <http://www.boninlaw.com/>
From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Jessie
Allen
Sent: Wednesday, September 19, 2012 6:33 AM
To: Rick Hasen
Cc: law-election at UCI.edu
Subject: Re: [EL] The Pa. Supreme Court's Curious Voter ID Punt
I think this decision is a classic piece of judicial craftsmanship and
political compromise. First of all, though there are dissenting
"statements," the main action -- vacating the trial judge's denial of the
preliminary injunction -- is unanimous. Three Republicans and three
Democrats all got together and said that based on what "the Commonwealth
parties have candidly conceded" at oral argument "the law is not being
implemented according to it terms." Moreover, they apparently agree that if
the law's implementation doesn't result in "liberal access" so that "there
will be no voter disenfranchisement" the trial court "is obliged to enter a
preliminary injunction."
Those are pretty direct instructions, setting a legal standard that is quite
different from the one the trial judge applied. Because the ruling turns on
a factual question, however, the PA SCT proceeded to do what appellate
courts are supposed to do when facts are dispositive -- remand to the trial
court to rule in the first instance. But they left very little room here
for the trial judge to do anything but enjoin the ID requirement. True, if
the state can convince the trial judge that they have changed procedures
significantly since oral argument last week, then he might still deny the
injunction. But that would sure leave the judge pretty far out on a limb.
To me this all looks like a victory for both electoral and judicial
integrity. Before the PA SCT hearing, there was a lot of speculation that
the court might split on partisan lines in this highly politicized case.
Instead they managed to come up with a ruling that likely prevents a poorly
administered and draconian ID law from skewing the forthcoming presidential
election but does not rule out the constitutionality of some form of voter
ID properly and liberally administered. And they crafted that ruling within
days of the hearing. I think that is pretty good for a judicial day's
work.
On Wed, Sep 19, 2012 at 2:17 AM, Rick Hasen <rhasen at law.uci.edu> wrote:
The Pa. Supreme Court <http://electionlawblog.org/?p=40364> 's Curious Voter
ID Punt
Posted on September 18, 2012 11:14 pm <http://electionlawblog.org/?p=40364>
by Rick Hasen <http://electionlawblog.org/?author=3>
Today the Supreme Court of Pennsylvania issued a 4-2 per curiam (unsined)
decision <http://www.pacourts.us/OpPosting/Supreme/out/J-114-2012pco.pdf>
and two dissenting
<http://www.pacourts.us/OpPosting/Supreme/out/J-114-2012ds1.pdf> statements
<http://www.pacourts.us/OpPosting/Supreme/out/J-114-2012ds2.pdf> , sending
the challenge to the state's new tough voter i.d. law back to the trial
court for more factfinding. The four Justices in the majority (3
Republicans and a Democrat) want the trial court to take a second look at
whether Pennsylvania can actually get new state-issued i.d.'s into the hands
of voters before the November election. The majority strongly suggested
that the evidence demonstrates the state cannot do so, and it has directed
the trial court to put the voter id law on hold for this election if voters
will be disenfranchised by the new law. (The two dissenters believe there
is already enough evidence in the record to conclude that Pa. officials
cannot get the i.d.'s into the hands of officials in time for this election
and would therefore hold the trial court abused its discretion in not
preliminarily enjoining application of the law.)
Here's the operative instruction to the trial court from the Supreme Court
majority:
Thus, we will return the matter to the Commonwealth Court to make a present
assessment of the actual availability of the alternate identification cards
on a developed record in light of the experience since the time the cards
became available. In this regard, the court is to consider whether the
procedures being used for deployment of the cards comport with the
requirement of liberal access which the General Assembly attached to the
issuance of PennDOT identification cards. If they do not, or if the
Commonwealth Court is not still convinced in its predictive judgment that
there will be no voter disenfranchisement arising out of the Commonwealth's
implementation of a voter identification requirement for purposes of the
upcoming election, that court is obliged to enter a preliminary injunction.
(my emphasis)
The decision, and division, on the Court is quite odd.
First, it seems very likely that Pa.will have an identification requirement
in place for the 2016 presidential election. As one of the two dissenters
(joined by the other dissenter) wrote, "I have no argument with the
requirement that all Pennsylvania voters, at some reasonable point in the
future, will have to present photo identification before they may cast their
ballots, it is clear to me that the reason for the urgency of implementing
Act 18 prior to the November election is purely political." It looks like
all the Justices (perhaps based upon a concession of David Gersch at the
oral argument) will vote that a fairly and fully implemented voter id law
does not violate the state constitution.
Second, it seems that all the Pa. Justices agree that there are serious
doubts about whether PennDOT can actually implement voter id in time for
November-it appears many people, including what the majority calls the most
"vulnerable" in the state (the elderly, disabled, and financially
disadvantaged), still lack the id and cannot get the i.d.'s before Election
Day. This is not a newly discovered problem. Back on July 31 I had a post
entitled: Pa Voter ID Law Just Not Ready for Prime Time
<http://electionlawblog.org/?p=37813> . And the new order looks to impose a
very tough standard for PA to meet: "no voter disenfranchisement"
So put 1 and 2 together, and it looks like the Court could have crafted a
narrow unanimous opinion that said (1) the Pa. law, when fully implemented,
is likely to be constitutional; but (2) the trial court abused its
discretion in not temporarily barring the use of the i.d. requirement until
the state could show it could get i.d.'s into the hands of all voters that
need them.
So what happened? Why give the trial court another chance to reconsider the
evidence and issue a ruling by October 2 subject to a second expedited
appeal to be heard just days before election day, something that will
present a recipe for confusion of voters and poll workers at the polls no
matter what eventually happens?
I can think of a few unsatisfying possibilities. (1) The Supreme Court
wanted to give the trial court a chance to fix its own mess. (2) The
Justices wanted to give the state one more chance to see if it could prove
it could get its act together before the election. (3) This was some sort of
compromise among the 4 Justices in the majority.
None of these convince me as to the reason for the remand, but I cannot
think of any other possibilities. Nor does it seem justified to stretch out
this uncertainty into the few weeks before election day. That does no one
any good.
(For a news roundup of the case, see Howard Bashman
<http://howappealing.law.com/091812.html#047162> 's post.)
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40364&title=The%20Pa.%20Supreme%20Court%E2%80%99s%20Curious%20Voter%20
ID%20Punt&description=> Share
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
<http://electionlawblog.org/?p=40361> "Romney Campaign Borrowed $20 Million
to Get Through Convention"
Posted on September 18, 2012 10:28 pm <http://electionlawblog.org/?p=40361>
by Rick Hasen <http://electionlawblog.org/?author=3>
NYT
<http://thecaucus.blogs.nytimes.com/2012/09/18/romney-campaign-borrowed-20-m
illion-to-get-through-convention/> : "Mitt Romney borrowed $20 million for
his presidential campaign in August, a campaign official said on Tuesday,
money that helped carry Mr. Romney through the Republican convention until
he could tap into tens of millions of dollars in general election money his
campaign raised. The loan, which was reported on Tuesday by The National
Review
<http://www.nationalreview.com/corner/327793/romney-campaign-borrowed-20-mil
lion-robert-costa> , underscored the significant cash flow problem that
afflicted Mr. Romney even as he was outraising President Obama in June and
July."
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40361&title=%E2%80%9CRomney%20Campaign%20Borrowed%20%2420%20Million%20
to%20Get%20Through%20Convention%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
<http://electionlawblog.org/?p=40358> "Voters Annoyed by Hard-to-Read
Ballots"
Posted on September 18, 2012 10:26 pm <http://electionlawblog.org/?p=40358>
by Rick Hasen <http://electionlawblog.org/?author=3>
News from NY
<http://www.nytimes.com/2012/09/18/nyregion/new-york-city-voters-annoyed-by-
hard-to-read-ballots.html?ref=politics> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40358&title=%E2%80%9CVoters%20Annoyed%20by%20Hard-to-Read%20Ballots%E2
%80%9D&description=> Share
Posted in election administration <http://electionlawblog.org/?cat=18> ,
voting technology <http://electionlawblog.org/?cat=40> | Comments Off
<http://electionlawblog.org/?p=40355> "Congress Nearing End of Session
Where Partisan Input Impeded Output"
Posted on September 18, 2012 10:24 pm <http://electionlawblog.org/?p=40355>
by Rick Hasen <http://electionlawblog.org/?author=3>
NYT reports
<http://www.nytimes.com/2012/09/19/us/politics/congress-nears-end-of-least-p
roductive-session.html?ref=politics> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40355&title=%E2%80%9CCongress%20Nearing%20End%20of%20Session%20Where%2
0Partisan%20Input%20Impeded%20Output%E2%80%9D&description=> Share
Posted in legislation and legislatures <http://electionlawblog.org/?cat=27>
, political parties <http://electionlawblog.org/?cat=25> , political
polarization <http://electionlawblog.org/?cat=68> | Comments Off
<http://electionlawblog.org/?p=40352> "Jim Crow II: Voter fraud and party
politics"
Posted on September 18, 2012 10:20 pm <http://electionlawblog.org/?p=40352>
by Rick Hasen <http://electionlawblog.org/?author=3>
Linda Stamato has written this oped
<http://blog.nj.com/njv_linda_stamato/2012/09/jim_crow_ii_voter_fraud_and_pa
.html> for NJ.com.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40352&title=%E2%80%9CJim%20Crow%20II%3A%20Voter%20fraud%20and%20party%
20politics%E2%80%9D&description=> Share
Posted in election administration <http://electionlawblog.org/?cat=18> , The
Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
<http://electionlawblog.org/?p=40349> "Outside groups make up almost half
of all presidential campaign ads"
Posted on September 18, 2012 10:05 pm <http://electionlawblog.org/?p=40349>
by Rick Hasen <http://electionlawblog.org/?author=3>
NBC News reports
<http://firstread.nbcnews.com/_news/2012/09/17/13917146-outside-groups-make-
up-almost-half-of-all-presidential-campaign-ads?lite> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40349&title=%E2%80%9COutside%20groups%20make%20up%20almost%20half%20of
%20all%20presidential%20campaign%20ads%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
<http://electionlawblog.org/?p=40347> "The Lie Factory: How Politics Became
a Business"
Posted on September 18, 2012 10:04 pm <http://electionlawblog.org/?p=40347>
by Rick Hasen <http://electionlawblog.org/?author=3>
This article
<http://www.newyorker.com/reporting/2012/09/24/120924fa_fact_lepore> on
political consultants appears in The New Yorker.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40347&title=%E2%80%9CThe%20Lie%20Factory%3A%20How%20Politics%20Became%
20a%20Business%E2%80%9D&description=> Share
Posted in campaigns <http://electionlawblog.org/?cat=59> | Comments Off
<http://electionlawblog.org/?p=40344> "Looking, Very Closely, for Voter
Fraud; Conservative Groups Focus on Registration in Swing States"
Posted on September 18, 2012 9:59 pm <http://electionlawblog.org/?p=40344>
by Rick Hasen <http://electionlawblog.org/?author=3>
Front-page, must-read extensive NYT article
<http://www.nytimes.com/2012/09/17/us/politics/groups-like-true-the-vote-are
-looking-very-closely-for-voter-fraud.html?smid=pl-share> on "True the
Vote." It begins:
It might as well be Harry Potter
<http://topics.nytimes.com/top/reference/timestopics/complete_coverage/harry
_potter/index.html?inline=nyt-classifier> 's invisible Knight Bus, because
no one can prove it exists.
The bus has been repeatedly cited by True the Vote, a national group focused
on voter fraud. Catherine Engelbrecht, the group's leader, told a gathering
in July about buses carrying dozens of voters showing up at polling places
during the recent Wisconsin recall election.
"Magically, all of them needed to register and vote at the same time," Ms.
Engelbrecht said. "Do you think maybe they registered falsely under false
pretenses? Probably so."
Weeks later, another True the Vote representative told a meeting of
conservative women about a bus seen at a San Diego polling place in 2010
offloading people "who did not appear to be from this country."
Officials in both San Diego and Wisconsin said they had no evidence that the
buses were real. "It's so stealthy that no one is ever able to get a picture
and no one is able to get a license plate," said Reid Magney, a spokesman
for the Wisconsin agency that oversees elections. In some versions the bus
is from an Indian reservation; in others it is full of voters from Chicago
or Detroit. "Pick your minority group," he said.
The buses are part of the election fraud gospel according to True the Vote,
which is mobilizing a small army of volunteers to combat what it sees as a
force out to subvert elections. Ms. Engelbrecht's July speech in Montana was
titled "Voter Fraud: The Plot to Undermine American Democracy."
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40344&title=%E2%80%9CLooking%2C%20Very%20Closely%2C%20for%20Voter%20Fr
aud%3B%20Conservative%20Groups%20Focus%20on%20Registration%20in%20Swing%20St
ates%E2%80%9D&description=> Share
Posted in 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
<http://electionlawblog.org/?p=40342> "House Dems push new campaign finance
reform"
Posted on September 18, 2012 9:56 pm <http://electionlawblog.org/?p=40342>
by Rick Hasen <http://electionlawblog.org/?author=3>
WaPo reports
<http://www.washingtonpost.com/blogs/election-2012/wp/2012/09/14/house-dems-
push-new-campaign-finance-reform/> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40342&title=%E2%80%9CHouse%20Dems%20push%20new%20campaign%20finance%20
reform%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
<http://electionlawblog.org/?p=40339> "Florida Loses Bid to Toss Suit
Challenging Voter Purge"
Posted on September 18, 2012 9:51 pm <http://electionlawblog.org/?p=40339>
by Rick Hasen <http://electionlawblog.org/?author=3>
Bloomberg reports
<http://www.bloomberg.com/news/2012-09-18/florida-loses-bid-to-toss-suit-cha
llenging-voter-purge.html> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40339&title=%E2%80%9CFlorida%20Loses%20Bid%20to%20Toss%20Suit%20Challe
nging%20Voter%20Purge%E2%80%9D&description=> Share
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
<http://electionlawblog.org/?p=40335> "Court Accepts Legal Center Brief
Defending Contribution Limits Despite Opposition from Illinois Liberty PAC"
Posted on September 18, 2012 9:45 pm <http://electionlawblog.org/?p=40335>
by Rick Hasen <http://electionlawblog.org/?author=3>
See this press release
<http://www.campaignlegalcenter.org/index.php?option=com_content&view=articl
e&id=1890:september-18-2012-court-accepts-legal-center-brief-defending-contr
ibution-limits-despite-opposition-from-illinois-liberty-pac&catid=63:legal-c
enter-press-releases&Itemid=61> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40335&title=%E2%80%9CCourt%20Accepts%20Legal%20Center%20Brief%20Defend
ing%20Contribution%20Limits%20Despite%20Opposition%20from%20Illinois%20Liber
ty%20PAC%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
DC Circuit Reverses in Van Hollen Case, Reinstates Weak Disclosure Rules for
the Remainder of the Election <http://electionlawblog.org/?p=40333>
Posted on September 18, 2012 9:44 pm <http://electionlawblog.org/?p=40333>
by Rick Hasen <http://electionlawblog.org/?author=3>
You can find the unanimous opinion of the DC Circuit here
<http://www.cadc.uscourts.gov/internet/opinions.nsf/582177A123FA411885257A7D
004DA421/$file/12-5117-1394950.pdf> .
See this story from the LA Times
<http://www.latimes.com/news/nationworld/nation/la-na-campaign-disclosure-20
120919,0,1555685.story> : "The panel chided the FEC for not clearly dealing
with the changes in the law or defending its stance in court. But with the
FEC locked in partisan gridlock, it remains unclear whether the six
commissioners will be able to come to agreement on how to proceed."
More from National Journal
<http://influencealley.nationaljournal.com/2012/09/van-hollen-disclosure-rul
ing-b.php> , Politico
<http://www.politico.com/news/stories/0912/81337.html?hp=l5> , Roll Call
<http://www.rollcall.com/news/appeals_court_rejects_bid_to_demand_full_campa
ign_finance_disclosure-217645-1.html?pos=opolh> , The Hill
<http://thehill.com/blogs/blog-briefing-room/news/250121-appeals-court-overt
urns-disclosure-ruling> , AP
<http://www.washingtonpost.com/politics/appeals-court-reverses-ruling-on-dis
closure-of-campaign-donors-for-some-ads/2012/09/18/45cafd38-01a7-11e2-bbf0-e
33b4ee2f0e8_story.html> , Huffington Post
<http://www.huffingtonpost.com/2012/09/18/dark-money-groups-court-ruling_n_1
893745.html> , Bloomberg BNA
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=28039284&vname=mpe
bulallissues&jd=a0d4r6p7g8&split=0> .
See the statements by Fred Wertheimer
<http://www.democracy21.org/index.asp?Type=B_PR&SEC=%7B91FCB139-CC82-4DDD-AE
4E-3A81E6427C7F%7D&DE=%7BF1DE73EE-13DE-4EA2-B911-BAA00714A208%7D> , Sunlight
<http://organizing.sunlightfoundation.com/page/m/64f5889e/28885e2d/33c06268/
680263b5/209583604/VEsE/> , CLC
<http://www.campaignlegalcenter.org/index.php?option=com_content&view=articl
e&id=1886:september-18-2012-appeals-court-panel-overturns-van-hollen-v-fec-d
isclosure-laws-on-hold-for-2012-cycle-statement-of-j-gerald-hebert-executive
-director&catid=63:legal-center-press-releases&Itemid=61> , Steve Hoersting
<http://www.nationalreview.com/corner/324687/sigh-relief-501c4s-and-their-co
ntributors-stephen-m-hoersting> , Center for Competitive Politics
<http://www.campaignfreedom.org/2012/09/18/van-hollen-reversal-a-victory-for
-free-speech/> .
Given the IRS's failure to show new desire to enforce limits on 501(c)(4)
rules, and the apparent workaround these groups have achieved through the
use of "express advocacy," it is not clear how much of a difference this
ruling will make at this point.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40333&title=DC%20Circuit%20Reverses%20in%20Van%20Hollen%20Case%2C%20Re
instates%20Weak%20Disclosure%20Rules%20for%20the%20Remainder%20of%20the%20El
ection&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> , tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
9th Circuit, on 2-1 Vote, Strikes Down Montana Ban on Political Party
Endorsement of Judicial Candidates <http://electionlawblog.org/?p=40330>
Posted on September 18, 2012 9:23 pm <http://electionlawblog.org/?p=40330>
by Rick Hasen <http://electionlawblog.org/?author=3>
Howard links <http://howappealing.law.com/091812.html#047168> to the
majority and dissenting opinions as well as commentary. More from Thomson
Reuters
<http://newsandinsight.thomsonreuters.com/Legal/News/ViewNews.aspx?id=57118>
.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40330&title=9th%20Circuit%2C%20on%202-1%20Vote%2C%20Strikes%20Down%20M
ontana%20Ban%20on%20Political%20Party%20Endorsement%20of%20Judicial%20Candid
ates&description=> Share
Posted in campaigns <http://electionlawblog.org/?cat=59> , judicial
elections <http://electionlawblog.org/?cat=19> | Comments Off
Obama Campaign Files Sixth Circuit Brief in Ohio Early Voting Case
<http://electionlawblog.org/?p=40326>
Posted on September 18, 2012 9:14 pm <http://electionlawblog.org/?p=40326>
by Rick Hasen <http://electionlawblog.org/?author=3>
Here
<http://moritzlaw.osu.edu/electionlaw/litigation/documents/BriefforPlaintiff
s-Appellees.pdf> . More from Bloomberg.
<http://www.bloomberg.com/news/2012-09-18/obama-campaign-tells-court-ohio-ea
rly-vote-laws-are-burdensome.html>
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40326&title=Obama%20Campaign%20Files%20Sixth%20Circuit%20Brief%20in%20
Ohio%20Early%20Voting%20Case&description=> Share
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
<http://electionlawblog.org/?p=40324> "The Politics of Voter Suppression"
Posted on September 18, 2012 9:12 pm <http://electionlawblog.org/?p=40324>
by Rick Hasen <http://electionlawblog.org/?author=3>
This event <http://moritzlaw.osu.edu/emails/el_tovawang/el_tovawang.html>
featuring Tova Wang and Kathleen Clyde (moderated by Dan Tokaji) will take
place September 24 at Moritz.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40324&title=%E2%80%9CThe%20Politics%20of%20Voter%20Suppression%E2%80%9
D&description=> Share
Posted in election administration <http://electionlawblog.org/?cat=18> , The
Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
<http://electionlawblog.org/?p=40321> "What You See Is What You Get On
501(c)(4) Politicking, IRS Officials Say"
Posted on September 18, 2012 9:06 pm <http://electionlawblog.org/?p=40321>
by Rick Hasen <http://electionlawblog.org/?author=3>
Bloomberg BNA
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=28019646&vname=mpe
bulallissues&jd=a0d4q6q9w7&split=0> : "Tax-exempt practitioners looking for
new answers to big questions about how their clients should handle political
involvement in the run-up to the November election did not get them at the
American Bar Association Section of Taxation and Section of Real Property,
Trust & Estate Law, Division of Trust and Estate Law Joint Fall CLE meeting
in Boston."
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40321&title=%E2%80%9CWhat%20You%20See%20Is%20What%20You%20Get%20On%205
01%28c%29%284%29%20Politicking%2C%20IRS%20Officials%20Say%E2%80%9D&descripti
on=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> , tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
<http://electionlawblog.org/?p=40318> "Readers Debate the Merits of
Post-election Audits"
Posted on September 18, 2012 8:53 pm <http://electionlawblog.org/?p=40318>
by Rick Hasen <http://electionlawblog.org/?author=3>
This item
<http://ncsl.typepad.com/the_thicket/2012/09/readers-debate-the-merits-of-po
st-election-audits.html> appears at NCSL's "The Thicket."
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40318&title=%E2%80%9CReaders%20Debate%20the%20Merits%20of%20Post-elect
ion%20Audits%E2%80%9D&description=> Share
Posted in election administration <http://electionlawblog.org/?cat=18> |
Comments Off
<http://electionlawblog.org/?p=40316> "How Much Voter Fraud Is There? A
state-by-state map reveals the answer: almost none."
Posted on September 18, 2012 8:52 pm <http://electionlawblog.org/?p=40316>
by Rick Hasen <http://electionlawblog.org/?author=3>
Interactive <http://t.co/mLzPsGMC> Slate map.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40316&title=%E2%80%9CHow%20Much%20Voter%20Fraud%20Is%20There%3F%20A%20
state-by-state%20map%20reveals%20the%20answer%3A%20almost%20none.%E2%80%9D&d
escription=> Share
Posted in election administration <http://electionlawblog.org/?cat=18> ,
fraudulent fraud squad <http://electionlawblog.org/?cat=8> , The Voting Wars
<http://electionlawblog.org/?cat=60> , voter id
<http://electionlawblog.org/?cat=9> | Comments Off
<http://electionlawblog.org/?p=40313> "Jolivette out of 51st District race"
Posted on September 18, 2012 8:36 pm <http://electionlawblog.org/?p=40313>
by Rick Hasen <http://electionlawblog.org/?author=3>
News from Ohio
<http://news.cincinnati.com/apps/pbcs.dll/article?AID=/201209150958/NEWS0106
/309150044> : "It looks like former Butler County Commissioner Greg
Jolivette won't be on the November ballot for Ohio's 51st House District.
The U.S. Sixth Circuit Court of Appeals in Cincinnati on Friday affirmed
<http://www.ca6.uscourts.gov/opinions.pdf/12a0336p-06.pdf> a recent
district court decision that barred Jolivette from running as an independent
candidate."
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40313&title=%E2%80%9CJolivette%20out%20of%2051st%20District%20race%E2%
80%9D&description=> Share
Posted in ballot access <http://electionlawblog.org/?cat=46> , campaigns
<http://electionlawblog.org/?cat=59> , third parties
<http://electionlawblog.org/?cat=47> | Comments Off
<http://electionlawblog.org/?p=40310> "Xavier students: Let candidates
appear"
Posted on September 18, 2012 8:18 pm <http://electionlawblog.org/?p=40310>
by Rick Hasen <http://electionlawblog.org/?author=3>
The Cincinnati Enquirer reports.
<http://news.cincinnati.com/apps/pbcs.dll/article?AID=/201209161821/NEWS0106
01/309160025>
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40310&title=%E2%80%9CXavier%20students%3A%20Let%20candidates%20appear%
E2%80%9D&description=> Share
Posted in campaigns <http://electionlawblog.org/?cat=59> | Comments Off
<http://electionlawblog.org/?p=40307> "The Epidemiology of Voter Fraud"
Posted on September 18, 2012 8:06 pm <http://electionlawblog.org/?p=40307>
by Rick Hasen <http://electionlawblog.org/?author=3>
Doug Chapin
<http://blog.lib.umn.edu/cspg/electionacademy/2012/09/the_epidemiology_of_vo
ter_frau.php?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+H
HHElections+%28The+Election+Aacdemy%29> :
Judging only by actions, it would appear that these officials consider voter
fraud to be a serious threat along the lines of smallpox - a highly
contagious, lethal disease - and thus are willing to tolerate a high number
of false positives in order to isolate and "cure" the true positives and
protect the rest of the population from an epidemic. Opponents of these
efforts can (and already have) suggested that such fears are overblown; in
essence, that voter fraud is an isolated disease with a low degree of
contagion.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40307&title=%E2%80%9CThe%20Epidemiology%20of%20Voter%20Fraud%E2%80%9D&
description=> Share
Posted in 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
<http://electionlawblog.org/?p=40305> "California: Threat to recall San
Bernardino councilman not a crime"
Posted on September 18, 2012 8:04 pm <http://electionlawblog.org/?p=40305>
by Rick Hasen <http://electionlawblog.org/?author=3>
This item
<http://recallelections.blogspot.com/2012/09/california-threat-to-recall-san
.html> appears at the Recall Elections Blog.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D40305&title=%E2%80%9CCalifornia%3A%20Threat%20to%20recall%20San%20Bern
ardino%20councilman%20not%20a%20crime%E2%80%9D&description=> Share
Posted in recall elections <http://electionlawblog.org/?cat=11> | 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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