[EL] The Pa. Supreme Court's Curious Voter ID Punt
Rick Hasen
rhasen at law.uci.edu
Wed Sep 19 07:39:57 PDT 2012
I have to agree with Adam. If this was an effort at statesmanship, it
was a bungled one, especially if it was intended to make the trial court
enter the preliminary injunction on its own account.
According to an article I read last night, PennDOT plans to mount a
vigorous case to show it can get ids in everyone's hands in time for the
election. There will likely be an appeal, dragging this very close to
election day.
On 9/19/2012 6:55 AM, Adam Bonin wrote:
>
> 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 <mailto: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
> <mailto:rhasen at law.uci.edu>> wrote:
>
>
> The Pa. Supreme Court's Curious Voter ID Punt
> <http://electionlawblog.org/?p=40364>
>
> 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 t*here 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's post.)
> <http://howappealing.law.com/091812.html#047162>
>
> Share
> <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%20ID%20Punt&description=>
>
> 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
>
>
> "Romney Campaign Borrowed $20 Million to Get Through Convention"
> <http://electionlawblog.org/?p=40361>
>
> 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-million-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-million-robert-costa>,
> underscored the significant cash flow problem that afflicted Mr.
> Romney even as he was outraising President Obama in June and July."
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40361&title=%E2%80%9CRomney%20Campaign%20Borrowed%20%2420%20Million%20to%20Get%20Through%20Convention%E2%80%9D&description=>
>
> Posted in campaign finance <http://electionlawblog.org/?cat=10> |
> Comments Off
>
>
> "Voters Annoyed by Hard-to-Read Ballots"
> <http://electionlawblog.org/?p=40358>
>
> 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>.
>
> Share
> <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=>
>
> Posted in election administration
> <http://electionlawblog.org/?cat=18>, voting technology
> <http://electionlawblog.org/?cat=40> | Comments Off
>
>
> "Congress Nearing End of Session Where Partisan Input Impeded
> Output" <http://electionlawblog.org/?p=40355>
>
> 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-productive-session.html?ref=politics>.
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40355&title=%E2%80%9CCongress%20Nearing%20End%20of%20Session%20Where%20Partisan%20Input%20Impeded%20Output%E2%80%9D&description=>
>
> 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
>
>
> "Jim Crow II: Voter fraud and party politics"
> <http://electionlawblog.org/?p=40352>
>
> 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.
>
> Share
> <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=>
>
> Posted in election administration
> <http://electionlawblog.org/?cat=18>, The Voting Wars
> <http://electionlawblog.org/?cat=60> | Comments Off
>
>
> "Outside groups make up almost half of all presidential campaign
> ads" <http://electionlawblog.org/?p=40349>
>
> 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>.
>
> Share
> <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=>
>
> Posted in campaign finance <http://electionlawblog.org/?cat=10> |
> Comments Off
>
>
> "The Lie Factory: How Politics Became a Business"
> <http://electionlawblog.org/?p=40347>
>
> 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./
>
> Share
> <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=>
>
> Posted in campaigns <http://electionlawblog.org/?cat=59> | Comments Off
>
>
> "Looking, Very Closely, for Voter Fraud; Conservative Groups Focus
> on Registration in Swing States"
> <http://electionlawblog.org/?p=40344>
>
> 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."
>
> Share
> <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%20Fraud%3B%20Conservative%20Groups%20Focus%20on%20Registration%20in%20Swing%20States%E2%80%9D&description=>
>
> 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
>
>
> "House Dems push new campaign finance reform"
> <http://electionlawblog.org/?p=40342>
>
> 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/>.
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40342&title=%E2%80%9CHouse%20Dems%20push%20new%20campaign%20finance%20reform%E2%80%9D&description=>
>
> Posted in campaign finance <http://electionlawblog.org/?cat=10> |
> Comments Off
>
>
> "Florida Loses Bid to Toss Suit Challenging Voter Purge"
> <http://electionlawblog.org/?p=40339>
>
> 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-challenging-voter-purge.html>.
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40339&title=%E2%80%9CFlorida%20Loses%20Bid%20to%20Toss%20Suit%20Challenging%20Voter%20Purge%E2%80%9D&description=>
>
> 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
>
>
> "Court Accepts Legal Center Brief Defending Contribution Limits
> Despite Opposition from Illinois Liberty PAC"
> <http://electionlawblog.org/?p=40335>
>
> 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=article&id=1890:september-18-2012-court-accepts-legal-center-brief-defending-contribution-limits-despite-opposition-from-illinois-liberty-pac&catid=63:legal-center-press-releases&Itemid=61>.
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40335&title=%E2%80%9CCourt%20Accepts%20Legal%20Center%20Brief%20Defending%20Contribution%20Limits%20Despite%20Opposition%20from%20Illinois%20Liberty%20PAC%E2%80%9D&description=>
>
> 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/582177A123FA411885257A7D004DA421/$file/12-5117-1394950.pdf>.
>
> See this story from the LA Times
> <http://www.latimes.com/news/nationworld/nation/la-na-campaign-disclosure-20120919,0,1555685.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-ruling-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_campaign_finance_disclosure-217645-1.html?pos=opolh>,
> The Hill
> <http://thehill.com/blogs/blog-briefing-room/news/250121-appeals-court-overturns-disclosure-ruling>,
> AP
> <http://www.washingtonpost.com/politics/appeals-court-reverses-ruling-on-disclosure-of-campaign-donors-for-some-ads/2012/09/18/45cafd38-01a7-11e2-bbf0-e33b4ee2f0e8_story.html>,
> Huffington Post
> <http://www.huffingtonpost.com/2012/09/18/dark-money-groups-court-ruling_n_1893745.html>,
> Bloomberg BNA
> <http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=28039284&vname=mpebulallissues&jd=a0d4r6p7g8&split=0>.
>
> See the statements by Fred Wertheimer
> <http://www.democracy21.org/index.asp?Type=B_PR&SEC=%7B91FCB139-CC82-4DDD-AE4E-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=article&id=1886:september-18-2012-appeals-court-panel-overturns-van-hollen-v-fec-disclosure-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-contributors-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.
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40333&title=DC%20Circuit%20Reverses%20in%20Van%20Hollen%20Case%2C%20Reinstates%20Weak%20Disclosure%20Rules%20for%20the%20Remainder%20of%20the%20Election&description=>
>
> 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>.
>
> Share
> <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%20Montana%20Ban%20on%20Political%20Party%20Endorsement%20of%20Judicial%20Candidates&description=>
>
> 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/BriefforPlaintiffs-Appellees.pdf>.
> More from Bloomberg.
> <http://www.bloomberg.com/news/2012-09-18/obama-campaign-tells-court-ohio-early-vote-laws-are-burdensome.html>
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40326&title=Obama%20Campaign%20Files%20Sixth%20Circuit%20Brief%20in%20Ohio%20Early%20Voting%20Case&description=>
>
> 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 Politics of Voter Suppression"
> <http://electionlawblog.org/?p=40324>
>
> 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.
>
> Share
> <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%9D&description=>
>
> Posted in election administration
> <http://electionlawblog.org/?cat=18>, The Voting Wars
> <http://electionlawblog.org/?cat=60> | Comments Off
>
>
> "What You See Is What You Get On 501(c)(4) Politicking, IRS
> Officials Say" <http://electionlawblog.org/?p=40321>
>
> 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=mpebulallissues&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."
>
> Share
> <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%20501%28c%29%284%29%20Politicking%2C%20IRS%20Officials%20Say%E2%80%9D&description=>
>
> Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax
> law and election law <http://electionlawblog.org/?cat=22> | Comments Off
>
>
> "Readers Debate the Merits of Post-election Audits"
> <http://electionlawblog.org/?p=40318>
>
> 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-post-election-audits.html>
> appears at NCSL's "The Thicket."
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40318&title=%E2%80%9CReaders%20Debate%20the%20Merits%20of%20Post-election%20Audits%E2%80%9D&description=>
>
> Posted in election administration <http://electionlawblog.org/?cat=18>
> | Comments Off
>
>
> "How Much Voter Fraud Is There? A state-by-state map reveals the
> answer: almost none." <http://electionlawblog.org/?p=40316>
>
> Posted on September 18, 2012 8:52 pm
> <http://electionlawblog.org/?p=40316> by Rick Hasen
> <http://electionlawblog.org/?author=3>
>
> Interactive /Slate/ map <http://t.co/mLzPsGMC>.
>
> Share
> <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%20state-by-state%20map%20reveals%20the%20answer%3A%20almost%20none.%E2%80%9D&description=>
>
> 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
>
>
> "Jolivette out of 51st District race"
> <http://electionlawblog.org/?p=40313>
>
> 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."
>
> Share
> <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=>
>
> Posted in ballot access <http://electionlawblog.org/?cat=46>,
> campaigns <http://electionlawblog.org/?cat=59>, third parties
> <http://electionlawblog.org/?cat=47> | Comments Off
>
>
> "Xavier students: Let candidates appear"
> <http://electionlawblog.org/?p=40310>
>
> 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/NEWS010601/309160025>
>
> Share
> <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=>
>
> Posted in campaigns <http://electionlawblog.org/?cat=59> | Comments Off
>
>
> "The Epidemiology of Voter Fraud"
> <http://electionlawblog.org/?p=40307>
>
> 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_voter_frau.php?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+HHHElections+%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.
>
> Share
> <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=>
>
> 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
>
>
> "California: Threat to recall San Bernardino councilman not a
> crime" <http://electionlawblog.org/?p=40305>
>
> 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.
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40305&title=%E2%80%9CCalifornia%3A%20Threat%20to%20recall%20San%20Bernardino%20councilman%20not%20a%20crime%E2%80%9D&description=>
>
> 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 <tel:949.824.3072> - office
> 949.824.0495 <tel:949.824.0495> - fax
> rhasen at law.uci.edu <mailto: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
>
>
>
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
> <mailto:Law-election at department-lists.uci.edu>
> http://department-lists.uci.edu/mailman/listinfo/law-election
>
>
>
>
> --
> Jessie Allen
> Assistant Professor
> University of Pittsburgh School of Law
> 3900 Forbes Avenue
> Pittsburgh, PA 15260
> 412-624-2175
> http://blackstoneweekly.wordpress.com/
>
--
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
Pre-order The Voting Wars: http://amzn.to/y22ZTv
www.thevotingwars.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20120919/ac03dd9d/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20120919/ac03dd9d/attachment.png>
View list directory