[EL] ELB News and Commentary 4/26/13

Thu Apr 25 20:47:00 PDT 2013

    "Bob Edgar, Lawmaker and Liberal Leader, Dies at 69?
    <http://electionlawblog.org/?p=49615>

Posted on April 25, 2013 8:37 pm <http://electionlawblog.org/?p=49615> 
by Rick Hasen <http://electionlawblog.org/?author=3>

NYT obituary 
<http://www.nytimes.com/2013/04/25/us/politics/bob-edgar-pennsylvania-congressman-dies-at-69.html?ref=politics&_r=0>.

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Posted in election law biz <http://electionlawblog.org/?cat=51> | 
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    Is the Senate Getting Better? <http://electionlawblog.org/?p=49612>

Posted on April 25, 2013 8:23 pm <http://electionlawblog.org/?p=49612> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Jonathan Bernstein 
<http://plainblogaboutpolitics.blogspot.com/2013/04/tentative-report-card-on-senate-reform.html> 
and Sarah Binde <http://themonkeycage.org/2013/04/24/grading-the-senate/>r.

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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

    "House erupts in showdown on voter's rights"
    <http://electionlawblog.org/?p=49610>

Posted on April 25, 2013 8:21 pm <http://electionlawblog.org/?p=49610> 
by Rick Hasen <http://electionlawblog.org/?author=3>

MySA.com 
<http://www.mysanantonio.com/news/politics/article/House-erupts-in-showdown-on-voter-s-rights-4465093.php>: 
"The Texas House 
<http://www.mysanantonio.com/?controllerName=search&action=search&channel=news%2Fpolitics&search=1&inlineLink=1&query=%22Texas+House%22> 
erupted Thursday into a partisan showdown over voting rights when the 
chamber's Republicans muscled through a measure they argue will help 
crack down on mail-in voter fraud. Tensions flared on House floor for 
more than three hours as Democrats 
<http://www.mysanantonio.com/?controllerName=search&action=search&channel=news%2Fpolitics&search=1&inlineLink=1&query=%22Democrats%22> 
fought Republicans over a measure to criminalize 'ballot harvesting' of 
mail-in votes, a process in which a group or an individual collects and 
mails completed ballots for other people."

One cannot say that fears of voter fraud through absentee ballot vote 
buying are unfounded the way fears of impersonation voter fraud (the 
supposed reason for voter i.d. laws) are.

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Posted in absentee ballots <http://electionlawblog.org/?cat=53>, The 
Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off

    Guilty Verdict in Indiana Petition Case involving 2008 Pres.
    Election <http://electionlawblog.org/?p=49607>

Posted on April 25, 2013 8:04 pm <http://electionlawblog.org/?p=49607> 
by Rick Hasen <http://electionlawblog.org/?author=3>

South Bend Tribune 
<http://electionlawblog.org/southbendtribune.com/news/sbt-morgan-denies-role-in-scheme-case-goes-to-jury-20130425,0,5836760.story>: 
"*Former St. Joseph County Democratic Party Chairman Owen "Butch" Morgan 
and party member Dustin Blythe were found guilty on all charges Thursday 
night, news reports indicated.*....Dressed in an ill-fitting black suit 
and with his hair parted neatly down the middle, the accused former 
party leader said he never instructed anyone to forge signatures on 
petitions to place Democratic candidates on the state primary ballot in 
2008."

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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off

    "The Shadow Lobbyist" <http://electionlawblog.org/?p=49604>

Posted on April 25, 2013 6:24 pm <http://electionlawblog.org/?p=49604> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Tom Edsall: 
<http://opinionator.blogs.nytimes.com/2013/04/25/the-shadow-lobbyist/?ref=politics>

    There has been a quiet upheaval in the lobbying industry.

    On the surface, the firms that represent thousands of businesses,
    trade associations and special interests are taking a beating.

    In practice, however, the lobbying industry is moving below the
    radar. More than $3 billion
    <http://www.opensecrets.org/lobby/index.php> is still spent
    annually, more of which is not being publicly disclosed. Corporate
    America is relying on new tactics to shape the legislative outcomes
    it wants.

    The adoption of innovative practices by the influence industry,
    combined with legal reporting requirements that are full of
    loopholes, have created misleading indicators
    <http://lobbyingdisclosure.house.gov/amended_lda_guide.html#section1> which
    suggest that there has been a decline in the clout of the lobbying
    sector.

    In fact, lobbying techniques have evolved so as to elude the
    regulations that implement the 1995 Lobbying Disclosure Act
    <http://lobbyingdisclosure.house.gov/lda.html>. These regulations
    are revised every 6 months in "written guidance
    <http://lobbyingdisclosure.house.gov/amended_lda_guide.html#section4> on
    LDA registration and reporting requirements" issued by the Clerk of
    the House and The Secretary of the Senate.

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Posted in legislation and legislatures 
<http://electionlawblog.org/?cat=27> | Comments Off

    "Shareholder Protection Act Would Restore Responsible Governance to
    Corporate Political Spending Decisions"
    <http://electionlawblog.org/?p=49601>

Posted on April 25, 2013 5:57 pm <http://electionlawblog.org/?p=49601> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Public Citizen has issued this press release 
<http://www.citizen.org/pressroom/pressroomredirect.cfm?ID=3876>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "Improving Colorado's Elections" <http://electionlawblog.org/?p=49599>

Posted on April 25, 2013 5:55 pm <http://electionlawblog.org/?p=49599> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Donetta Davidson and Joan Fitz-Gerald have writen this oped 
<http://www.denverpost.com/opinion/ci_23090653/improving-our-elections>in the 
/Denver Post/.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off

    "SOCIAL NETWORKS AND THE JUDICIARY: The Risks and Benefits of Social
    Media Use by Judges" <http://electionlawblog.org/?p=49596>

Posted on April 25, 2013 11:13 am <http://electionlawblog.org/?p=49596> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Press release <http://www.ajs.org/ajs/pdfs/Editorial_NR_965.pdf>: "The 
editorial in the March-April 2013 issue of /Judicature/, the journal of 
the American Judicature Society 
<http://r20.rs6.net/tn.jsp?e=0011NG46byt-589lT4V9aqzbOTqRZdvr5tet81nd2BdYbr6GpuFx9oULXoR7tBvHVqIk4OSCS8OsO8ggSMpSIE_lO9K8IP16qCxkBF3Qwu82hE=>, 
addresses the perils and promise of judges' use of social media. As 
social media becomes the norm for communication and networking, 
government officials -- particularly judges -- must evaluate if 
involvement in the major social media networks is appropriate and if the 
benefits outweigh the risks.

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Posted in social media and social protests 
<http://electionlawblog.org/?cat=58> | Comments Off

    Quote of the Day <http://electionlawblog.org/?p=49593>

Posted on April 25, 2013 10:22 am <http://electionlawblog.org/?p=49593> 
by Rick Hasen <http://electionlawblog.org/?author=3>

"Mr. Engle, sometimes the law's an ass."

---FEC Chair Ellen Weintraub, quoted in Gay couples can't make joint 
political donations from individual account, FEC rules. 
<http://www.washingtonpost.com/blogs/post-politics/wp/2013/04/25/gay-couples-cant-make-joint-political-donations-from-individual-account-fec-rules/?wprss=rss_election-2012>

That piece begins: "A gay couple married under state law cannot give a 
joint contribution to a federal candidate if they make it from an 
individual banking account, the Federal Election Commission 
<http://www.washingtonpost.com/politics/obamas-proposed-voting-commission-under-partisan-fire-from-both-sides/2013/02/14/9320078e-7616-11e2-95e4-6148e45d7adb_story.html> 
voted unanimously Thursday. In a somewhat emotional session, FEC 
commissioners lamented the fact they had no choice but to deny gay 
couples the same rights as straight ones, given the Defense of Marriage 
Act 
<http://www.washingtonpost.com/politics/gay-marriage-arguments-conclude-looking-back/2013/03/28/02594654-9711-11e2-b68f-dc5c4b47e519_story.html>'s 
legal requirements."

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal 
election commission <http://electionlawblog.org/?cat=24> | Comments Off

    "More than a decade after HAVA, it's time to go shopping; Counties
    and states begin purchasing new voting equipment"
    <http://electionlawblog.org/?p=49590>

Posted on April 25, 2013 9:17 am <http://electionlawblog.org/?p=49590> 
by Rick Hasen <http://electionlawblog.org/?author=3>

That's the lead story in this week's Electionline Weekly. 
<http://www.electionline.org/index.php/electionline-weekly>

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
voting technology <http://electionlawblog.org/?cat=40> | Comments Off

    In the Election Law Mailbag <http://electionlawblog.org/?p=49588>

Posted on April 25, 2013 9:16 am <http://electionlawblog.org/?p=49588> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Marcia Coyle, The Roberts Court: The Struggle for the Constitution 
<http://www.amazon.com/The-Roberts-Court-Struggle-Constitution/dp/1451627513/ref=sr_1_1?ie=UTF8&qid=1366906127&sr=8-1&keywords=marcia+coyle>(Part 
III of the book, which I very much look forward to reading, is "Money," 
discussing the Supreme Court's campaign finance cases)

Laurence Leamer, the Price of Justice: A True Story of Greed and 
Corruption 
<http://www.amazon.com/Price-Justice-Story-Greed-Corruption/dp/0805094717/ref=sr_1_1?s=books&ie=UTF8&qid=1366906407&sr=1-1&keywords=the+price+of+justice>(about 
the Caperton judicial elections litigation)

Janai S. Nelson, /The First amendment, Equal Protection and Felon 
Disenfranchisement: A New Viewpoint/, 
<http://www.floridalawreview.com/2013/janai-s-nelson-the-first-amendment-equal-protection-and-felon-disenfranchisement-a-new-viewpoint/> 
65 Florida Law Review 111 (2013)

Democracy & Justice: Collected Writings, Vol. VI 
<http://www.brennancenter.org/publication/democracy-justice-collected-writings-vol-vi>(Brennan 
Center)

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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off

    "Who's The Boss? Arkansas, Florida Debate State Power to Discipline
    Local Election Officials" <http://electionlawblog.org/?p=49585>

Posted on April 25, 2013 8:59 am <http://electionlawblog.org/?p=49585> 
by Rick Hasen <http://electionlawblog.org/?author=3>

A ChapinBlog 
<http://blog.lib.umn.edu/cspg/electionacademy/2013/04/whos_the_boss_arkansas_florida.php?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+HHHElections+%28The+Election+Aacdemy%29>.

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Posted in election administration <http://electionlawblog.org/?cat=18> | 
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    "Does Stephen Colbert's Endorsement of His Sister Violate Election
    Laws?" <http://electionlawblog.org/?p=49582>

Posted on April 25, 2013 8:57 am <http://electionlawblog.org/?p=49582> 
by Rick Hasen <http://electionlawblog.org/?author=3>

A /Slate/ Explaine 
<http://www.slate.com/articles/arts/explainer/2013/04/stephen_colbert_endorses_sister_elizabeth_colbert_busch_do_campaign_finance.html>r.

I hope to write more about this soon.

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "Shareholders Force Firms to Reveal Secret Political Funds"
    <http://electionlawblog.org/?p=49580>

Posted on April 25, 2013 8:56 am <http://electionlawblog.org/?p=49580> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Bloomberg reports 
<http://www.bloomberg.com/news/2013-04-25/shareholders-force-firms-to-reveal-secret-political-funds.html>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "Redistricting Board asks Supreme Court to clarify ruling"
    <http://electionlawblog.org/?p=49576>

Posted on April 25, 2013 8:50 am <http://electionlawblog.org/?p=49576> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Anchorage Daily News 
<http://www.adn.com/2013/04/23/2876692/redistricting-board-asks-supreme.html>: 
"The Alaska Redistricting Board has gone once again to the Alaska 
Supreme Court, this time asking the justices to clarify whether an 
earlier ruling requires it to redraw all of Alaska's legislative 
districts from scratch."

MORE: "Torgerson, a former state senator from Kasilof, said the board 
was waiting out a decision by the U.S. Supreme Court in a case brought 
by Shelby County, Ala., challenging a section of the U.S. Voting Rights 
Act. The case could affect Alaska because like Shelby County, the entire 
state of Alaska must get authorization from the U.S. Justice Department 
before making any changes to its voting system, including redistricting."

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Posted in citizen commissions <http://electionlawblog.org/?cat=7>, 
redistricting <http://electionlawblog.org/?cat=6>, Voting Rights Act 
<http://electionlawblog.org/?cat=15> | Comments Off

    "Constitutional Interpretation and Congressional Overrides: Changing
    Trends in Court-Congress Relations"
    <http://electionlawblog.org/?p=49573>

Posted on April 25, 2013 8:48 am <http://electionlawblog.org/?p=49573> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Ryan Emenaker has posted this draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2243912> on SSRN. 
Here is the abstract:

    National policy is shaped through frequent interaction between the
    Court and Congress. The Court devotes the largest portion of its
    work to applying and interpreting congressional statutes. Congress
    considers these interpretations in future legislation. The Court's
    use of judicial review to nullify acts of Congress is one of the
    most contentious aspects of this relationship. However, the
    interaction that occurs after judicial review is often ignored. When
    trying to understand Court-Congress relations, it is important to
    note Congress often overrides Court decisions. Historically the
    Court rarely rules against Congress. From 1791-2010 the Court
    nullified just 167 acts of Congress --- an average of less than
    one-a-year. However, this type of interaction has rapidly increased.
    Nearly 60 percent of all federal laws struck down have occurred
    since 1960. The Rehnquist Court alone is responsible for nearly 25
    percent of all nullified federal laws. Understandably, the rapid
    acceleration in judicial activity has renewed fears of an imperial
    judiciary. These fears are partly based in the incorrect assumption
    that policy development ends with judicial review. The results of
    this study indicate that as the Court has become more active in
    striking down congressional acts, Congress has increasingly resorted
    to overriding these decisions. This study also indicates that
    increased instances of judicial review suggest changing trends in
    Court- ongress relations rather than signifying judicial finality.

As I told Professor Emenaker, he's using the term "override" differently 
than both Bill Eskridge and I do in our work on overrides.  When 
Congress responds to a constitutional holding of the Supreme Court by 
passing a statute which does not amend the Constitution, I would not 
count that as an override.

I just received reprints of my piece on statutory overrrides,End of the 
Dialogue? Political Polarization, the Supreme Court, and Congress 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2130190>, 86 
Southern California Law Review 205 (2013).

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Posted in legislation and legislatures 
<http://electionlawblog.org/?cat=27>, statutory interpretation 
<http://electionlawblog.org/?cat=21>, 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

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