[EL] more news 9/25/12
Rick Hasen
rhasen at law.uci.edu
Tue Sep 25 11:59:50 PDT 2012
"Pennsylvania voter ID requirements change"
<http://electionlawblog.org/?p=40703>
Posted on September 25, 2012 11:56 am
<http://electionlawblog.org/?p=40703> by Rick Hasen
<http://electionlawblog.org/?author=3>
Post-Gazette:
<http://www.post-gazette.com/stories/local/state/pennsylvania-voter-id-requirements-change-654830/>"State
officials have again altered their procedures for issuing photo
identification cards to Pennsylvanians who require it to vote in
November. Responding to the Pennsylvania Supreme Court opinion that
raised questions about the ID card process, a procedure finalized last
night eliminates the requirement that a voter first attempt to get a
traditional Department of Transportation ID card before seeking a new
card that was created last month as a 'last resort.'"
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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
"Maine Superior Court Rules that Nader Case Against Democratic Party
Must Proceed to Trial" <http://electionlawblog.org/?p=40700>
Posted on September 25, 2012 11:52 am
<http://electionlawblog.org/?p=40700> by Rick Hasen
<http://electionlawblog.org/?author=3>
The following press release arrived via email:
Decision Paves Way for Jury to Hear Claims That Democratic Party and
Its Allies Unlawfully Targeted Nader-Camejo 2004 Independent
Presidential Campaign in Concerted Nationwide Effort to Suppress
Voter Choice
MACHIAS, ME -- Maine Superior Court Justice Kevin M. Cuddy ruled on
September 20, 2012 that a lawsuit filed by consumer advocate and
2004 independent presidential candidate Ralph Nader and his Maine
electors Christopher Droznick, Nancy Oden and Rosemary Whittaker
against the Democratic Party and several of its allies must proceed
to trial.
Justice Cuddy's decision
<http://electionlawblog.org/wp-content/uploads/Superior-Ct._9-20-12.pdf>follows
a unanimous ruling by the Maine Supreme Judicial Court
(the "Law Court") in April, which reversed Justice Cuddy's prior
dismissal of the case pursuant to Maine's anti-SLAPP statute, 14
M.R.S. §556. The anti-SLAPP statute allows defendants to dismiss a
lawsuit if they can show the claims against them are based on
constitutionally protected petitioning conduct. The Law Court's
April decision established a new standard for determining whether
the anti-SLAPP statute applies.
Under the new standard, Justice Cuddy ruled that the anti-SLAPP
statute does not protect the defendants' conduct in this case. "The
Court is satisfied...that Plaintiffs have made a prima facie showing
of both a civil conspiracy, including an ulterior motive, and the
improper use of discovery and subpoenas to establish an abuse of
process claim," Justice Cuddy concluded.
"Now that the initial procedural obstructions have finally been
cleared, we are looking forward to having our day in court," Nader
said. "One goal of our campaign was to expose and challenge the
stifling anti-democratic and anti-competitive barriers the two major
parties erect against legitimate challengers in order to deny voters
a free and broader choice of candidates," Nader continued. "The
evidence supporting our case is prodigious, and we look forward to
proving our claims to a jury."
Originally filed in 2009, the lawsuit alleges tort claims under
Maine law for civil conspiracy, abuse of process and malicious
prosecution. The plaintiffs allege that Democrats orchestrated a
concerted, nationwide effort to interfere with the campaign of Nader
and his running mate, the late Peter Miguel Camejo, by filing 29
complaints in 19 states, including Maine, and that many of the
complaints included groundless and demonstrably false allegations of
fraud.
According to defendant Toby Moffett, a Washington, D.C.-based
lobbyist who helped recruit an estimated 95 lawyers from 53 law
firms to join the effort, the purpose of the Democrats' complaints
was to "drain," "distract" and "neutralize" the Nader-Camejo
campaign, by "forcing [them] to spend money and resources defending
these things."
In addition to Moffett, the lawsuit names as defendants the Maine
Democratic Party, its former Chair Dorothy Melanson, the Democratic
National Committee, its former Chair Terry McAuliffe, the
Kerry-Edwards 2004 campaign and a Section 527 political organization
Moffett headed called The Ballot Project.
Justice Cuddy also rejected the defendants' efforts to dismiss the
case on jurisdictional grounds. "This Court will allow discovery to
take place and make a determination as to jurisdiction over the
defendants, corporate and individual, when the issue is raised again
at trial," Justice Cuddy ruled, but granted dismissal for The Ballot
Project because its corporate charter had been revoked and it no
longer exists.
"Justice Cuddy's decision and the Law Court's decision before that
are important steps on the road to more free and equal elections and
robust democracy in the United States," Nader said. "This case is
about the right of the people -- not private political parties and
partisan, exclusionary elections officials -- to decide who serves
in public office."
"Former Governor Gary Johnson of the Libertarian Party and former
Congressman Virgil Goode of the Constitution Party are now facing
what the Nader-Camejo campaign confronted in 2004," Nader added.
"Both the Democratic and the Republican parties treat the electoral
process and the voters as if they own them, and they will continue
to do so until Americans of all political persuasions put a stop to
it by demanding a broader choice of candidates on the ballot in each
election cycle."
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Posted in ballot access <http://electionlawblog.org/?cat=46>, petition
clause <http://electionlawblog.org/?cat=30>, third parties
<http://electionlawblog.org/?cat=47> | Comments Off
Interesting Opinion Rejecting VRA Section 2 Liability Involving
Arkansas Senate District <http://electionlawblog.org/?p=40696>
Posted on September 25, 2012 7:34 am
<http://electionlawblog.org/?p=40696> by Rick Hasen
<http://electionlawblog.org/?author=3>
I have posted the opinion in /Jeffers v. Beebe/ here.
<http://electionlawblog.org/wp-content/uploads/crumbly-v-state-bd-app.pdf>
The case concerns how large the BVAP has to be to avoid section 2 liability.
Thanks to a reader for passing this along.
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Posted in redistricting <http://electionlawblog.org/?cat=6>, Voting
Rights Act <http://electionlawblog.org/?cat=15> | Comments Off
"Pennsylvania Court Reconsiders Voter ID Availability"
<http://electionlawblog.org/?p=40693>
Posted on September 25, 2012 7:29 am
<http://electionlawblog.org/?p=40693> by Rick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg reports
<http://www.bloomberg.com/news/2012-09-25/pennsylvania-court-reconsiders-voter-id-availability.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
"Corporate Disclosure Expands as Political Spending Surges, New
CPA-Zicklin Index Reveals " <http://electionlawblog.org/?p=40689>
Posted on September 25, 2012 7:27 am
<http://electionlawblog.org/?p=40689> by Rick Hasen
<http://electionlawblog.org/?author=3>
See this press release
<http://campaign.r20.constantcontact.com/render?llr=8pfya8n6&v=001KY-bJ3gW3XctXX_WeHa_p-ZEEd6UW1SI7yTUNpbTVeyvClkVkzciLLqo9IfCe_FTiLLscudRtw2xbPP1kT3I337akY2x3OjApdQeusQny3Q8JxI6h5MJ8K8bPC6ZB5N3uFoJpK37c0vEq7wqd6HyyQT5jDdWWzvh2FcKH1navMtcglOFYfrnur2TZG_WPU_rKoePr6c51QbotGf1RtFMzEBe8b1C4RfW8x2egw2vc8t0HU8iYnBa6Vam4yNm5I6yvfXv5mgEsWg%3D>.
See also this Bloomberg report
<http://www.bloomberg.com/news/2012-09-25/aflac-and-chubb-join-ranks-of-companies-expanding-disclosure.html>,
"Aflac and Chubb Join Ranks of Companies Expanding Disclosure."
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
Comments Off
"DOJ asks court to rule against South Carolina voter ID law"
<http://electionlawblog.org/?p=40686>
Posted on September 25, 2012 7:25 am
<http://electionlawblog.org/?p=40686> by Rick Hasen
<http://electionlawblog.org/?author=3>
/National Law Journal/
<http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202572518787&et=editorial&bu=National%20Law%20Journal&cn=20120925nlj&src=EMC-Email&pt=NLJ.com-%20Daily%20Headlines&kw=DOJ%20asks%20court%20to%20rule%20against%20South%20Carolina%20voter%20ID%20law&slreturn=20120825102437>reports
<http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202572518787&et=editorial&bu=National%20Law%20Journal&cn=20120925nlj&src=EMC-Email&pt=NLJ.com-%20Daily%20Headlines&kw=DOJ%20asks%20court%20to%20rule%20against%20South%20Carolina%20voter%20ID%20law&slreturn=20120825102437>.
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Posted in Department of Justice <http://electionlawblog.org/?cat=26>,
voter id <http://electionlawblog.org/?cat=9>, Voting Rights Act
<http://electionlawblog.org/?cat=15> | Comments Off
"Todd Akin showing no signs of ending Senate run"
<http://electionlawblog.org/?p=40684>
Posted on September 25, 2012 7:24 am
<http://electionlawblog.org/?p=40684> by Rick Hasen
<http://electionlawblog.org/?author=3>
CBS News reports
<http://www.cbsnews.com/8301-505267_162-57519563/todd-akin-showing-no-signs-of-ending-senate-run/>.
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Posted in campaigns <http://electionlawblog.org/?cat=59> | Comments Off
Supreme Court Unanimously Loosens Congressional Redistricting
Standards a Bit in West Virginia Case
<http://electionlawblog.org/?p=40682>
Posted on September 25, 2012 7:23 am
<http://electionlawblog.org/?p=40682> by Rick Hasen
<http://electionlawblog.org/?author=3>
You can find the unanimous per curiam decision appended to this order
list. <http://www.supremecourt.gov/orders/courtorders/092512zr5bc9.pdf>
The upshot is that very small deviations in the population of
congressional districts may be justified by legitimate state interests,
such as keeping political subdivisions together and not pitting
incumbents against one another.
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Posted in redistricting <http://electionlawblog.org/?cat=6>, Supreme
Court <http://electionlawblog.org/?cat=29> | 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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