[EL] ELB News and Commentary 8/15/13
Rick Hasen
rhasen at law.uci.edu
Fri Aug 16 08:44:53 PDT 2013
"Eve of Destruction" <http://electionlawblog.org/?p=54470>
Posted on August 16, 2013 8:32 am <http://electionlawblog.org/?p=54470>
by Rick Hasen <http://electionlawblog.org/?author=3>
Allen and Vanderhei channel
<http://www.politico.com/story/2013/08/behind-the-curtain-eve-of-destruction-95594.html>moderate
Republican complaints about the party: "Republicans are all flirting
with a fall that could see influential party voices threatening to
default on the debt or shut down the government --- and therefore ending
all hopes of proving they are not insane when it comes to governance."
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Posted in political parties <http://electionlawblog.org/?cat=25>,
political polarization <http://electionlawblog.org/?cat=68> | Comments Off
"Symposium: Aggregate limits and the fight over frame"
<http://electionlawblog.org/?p=54467>
Posted on August 16, 2013 8:28 am <http://electionlawblog.org/?p=54467>
by Rick Hasen <http://electionlawblog.org/?author=3>
Justin Levitt at SCOTUSBlog:
<http://www.scotusblog.com/2013/08/symposium-aggregate-limits-and-the-fight-over-frame/>
Perhaps one aspect of the case will end up framing the whole.
Aggregate contribution limits do not affect independent spending,
and they do not stop any individual from expressing a modicum of
support for all 535 members of Congress, or indeed, every single one
of those representatives' challengers. There is little reason to
believe that aggregate limits systematically favor the electoral
fortunes of incumbents, or make it difficult for any individual
candidate to run a campaign. Their most notable impact seems to fall
on political parties with multiple competitive campaigns to feed
(and party-wide SuperPAC ads to refute).
But these parties rarely need the Court to save them from the
legislature. They are already amply represented in Congress, and
could lawfully repeal the limits at any time. Instead, they have --
at least for now --- tied themselves to the mast. It is possible
that that image will be the one the Justices end up finding most
compelling.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Obamacare and Voting Rights Clash Over Health Exchanges"
<http://electionlawblog.org/?p=54464>
Posted on August 16, 2013 8:23 am <http://electionlawblog.org/?p=54464>
by Rick Hasen <http://electionlawblog.org/?author=3>
Very important Stateline report
<http://www.pewstates.org/projects/stateline/headlines/obamacare-and-voting-rights-clash-over-health-exchanges-85899498028>:
Two of the fiercest political disputes between Washington and the
states could soon come together in legal fights that involve tying
the new federal health care overhaul to voter registration.
Every state is preparing to open a health insurance exchange by Oct.
1. Whether these new agencies will offer voter registration as well
as health care information is emerging as a potential fault line
that could further divide states from one another and from Washington.
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Posted in NVRA (motor voter) <http://electionlawblog.org/?cat=33>, The
Voting Wars <http://electionlawblog.org/?cat=60>, voting
<http://electionlawblog.org/?cat=31> | Comments Off
The Rachel Maddow Show on North Carolina Student Voting Cutbacks
<http://electionlawblog.org/?p=54461>
Posted on August 16, 2013 8:18 am <http://electionlawblog.org/?p=54461>
by Rick Hasen <http://electionlawblog.org/?author=3>
Must-watch <http://www.nbcnews.com/id/26315908/vp/52769481#52769481>.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"Smart ALEC: How left-wing protesters helped a conservative club
that ghost-writes state laws" <http://electionlawblog.org/?p=54458>
Posted on August 15, 2013 9:51 pm <http://electionlawblog.org/?p=54458>
by Rick Hasen <http://electionlawblog.org/?author=3>
/The Economist/ says getting ALEC
<http://www.economist.com/news/united-states/21583658-how-left-wing-protesters-helped-conservative-club-ghost-writes-state-laws-smart-alec>
out of the voter id and stand your ground business will hurt the left's
economic priorities.
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60> |
Comments Off
Weigel on Backlash over Republican Voting Laws
<http://electionlawblog.org/?p=54455>
Posted on August 15, 2013 8:42 pm <http://electionlawblog.org/?p=54455>
by Rick Hasen <http://electionlawblog.org/?author=3>
Here:
<http://www.slate.com/articles/news_and_politics/politics/2013/08/republican_voter_id_initiatives_are_making_it_hard_to_rebrand_the_gop_as.html>
In the short term, the risks of a backlash look intense. In the long
term, Republicans can probably live with that. In 2008 and 2012,
sure, they pulled low-single-digit numbers with black voters, and
they lowballed black turnout. Those elections happened to feature
the first black nominee of a major party. In 2004, when the
Democrats nominated a white ticket, their campaigners waved the
bloody shirt of /Bush v. Gore/ and reminded everyone of how black
voters had been purged unfairly from the rolls.
The blood didn't splatter on the GOP. In Florida the Bush vote among
blacks
<http://www.cnn.com/ELECTION/2004/pages/results/states/FL/P/00/epolls.0.html>
jumped from 7 percent in 2000 to 13 percent in 2004. In Ohio, where
Secretary of State Ken Blackwell became infamous for botched voter
registration forms and long lines, Bush's share of the black vote
nearly doubled
<http://www.cnn.com/ELECTION/2004/pages/results/states/OH/P/00/epolls.0.html>
from 9 percent to 16 percent. That was the ways of things,
pre-Obama: A Republican candidate who'd expanded Medicare and showed
up to talk to black pastors could make at least a small play for
black voters.
Bush's party, obviously, is a little different from the GOP of 2013.
Today's black Republicans want the party to show their peers that
they don't want to suppress votes.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"Kansas voters' limbo shows hitch in citizenship law"
<http://electionlawblog.org/?p=54452>
Posted on August 15, 2013 8:29 pm <http://electionlawblog.org/?p=54452>
by Rick Hasen <http://electionlawblog.org/?author=3>
AP
<http://www.news-sentinel.com/apps/pbcs.dll/article?AID=/20130815/NEWS/130819828/1006/FORTREPORT>:
A few weeks after moving to suburban Kansas City from the Seattle
area, Aaron Belenky went online to register to vote. But he ended up
joining thousands of other Kansas residents whose voting rights are
in legal limbo because of the state's new proof-of-citizenship rule.
Starting this year, new voters aren't legally registered in Kansas
until they've presented a birth certificate, passport or other
document demonstrating U.S. citizenship. Kansas is among a handful
of GOP-dominated states enacting rules to keep noncitizens from
voting, but the most visible result is a growing pool of nearly
15,000 residents who've filled out registration forms but can't cast
ballots.
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Posted in NVRA (motor voter) <http://electionlawblog.org/?cat=33> |
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"Colorado Supreme Court refuses to hear recall election appeal"
<http://electionlawblog.org/?p=54449>
Posted on August 15, 2013 8:26 pm <http://electionlawblog.org/?p=54449>
by Rick Hasen <http://electionlawblog.org/?author=3>
AP
<http://www.thedenverchannel.com/web/kmgh/news/politics/colorado-supreme-court-refuses-to-hear-recall-election-appeal>:"
Colorado's Supreme Court has refused to enter a dispute over ballot
timing in the state's first-ever legislative recall elections, meaning
that most voters must cast ballots in person, even if they have
previously requested ballots by mail."
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Posted in recall elections <http://electionlawblog.org/?cat=11> |
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"Possible Conflicts of Interest Regarding Virginia's Gubernatorial
Election" <http://electionlawblog.org/?p=54446>
Posted on August 15, 2013 8:15 pm <http://electionlawblog.org/?p=54446>
by Rick Hasen <http://electionlawblog.org/?author=3>
WVTF reports
<http://wvtf.org/post/possible-conflicts-interest-regarding-virginias-gubernatorial-election>.
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Posted in conflict of interest laws <http://electionlawblog.org/?cat=20>
| Comments Off
2013 Database of Election Law Teachers
<http://electionlawblog.org/?p=54444>
Posted on August 15, 2013 3:40 pm <http://electionlawblog.org/?p=54444>
by Rick Hasen <http://electionlawblog.org/?author=3>
You can find it here
<http://electionlawblog.org/wp-content/uploads/database.2013.xls>.
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Posted in election law biz <http://electionlawblog.org/?cat=51>,
pedagogy <http://electionlawblog.org/?cat=23> | Comments Off
"Donor Disclosure: Will FEC's Dismissal of Complaint Usher in More
Secrecy in 2014?" <http://electionlawblog.org/?p=54439>
Posted on August 15, 2013 3:18 pm <http://electionlawblog.org/?p=54439>
by Rick Hasen <http://electionlawblog.org/?author=3>
Larry Norton and Meg Rohlfing
<http://www.politicallawbriefing.com/my-blog/2013/08/donor-disclosure-will-fecs-dismissal-of-complaint-usher-in-more-secrecy-in-2014.html>:
With donors now allowed to give unlimited sums to Super PACs and
other political advocacy groups, the biggest issue in campaign
finance regulation is what such groups must disclose about their
fundraising and spending, and when. Some states have moved
aggressively to bolster their disclosure rules, with a couple of
states filing suit to force groups engaged in election spending to
unmask their donors.
The federal response has been a different story, with no consensus
on a path forward, let alone agreement that new disclosure rules are
necessary in a post-/Citizens United/ world. A little-noticed
statement released by the three Republican Commissioners of the
Federal Election Commission ("FEC") suggests that groups active in
2014 may actually find it /easier/ to avoid registering as Super
PACs and disclosing their donors.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Time to March on Washington--Again"
<http://electionlawblog.org/?p=54437>
Posted on August 15, 2013 3:16 pm <http://electionlawblog.org/?p=54437>
by Rick Hasen <http://electionlawblog.org/?author=3>
Ari Berman writes
<http://www.thenation.com/article/175757/time-march-washington-again#axzz2c4wIQ3gB>
for /The Nation./
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>, Voting Rights Act
<http://electionlawblog.org/?cat=15> | Comments Off
"Let the Voter Clampdown Begin" <http://electionlawblog.org/?p=54434>
Posted on August 15, 2013 3:10 pm <http://electionlawblog.org/?p=54434>
by Rick Hasen <http://electionlawblog.org/?author=3>
Tyler Batten of the /Charlotte Observer/ editorial board posts this
item.
<http://obsdailyviews.blogspot.com/2013/08/let-voter-clampdown-begin.html>
Musical selection via The Clash
<http://www.youtube.com/watch?v=gTQCU2ndzzw>.
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Posted in Elections Clause <http://electionlawblog.org/?cat=70>, The
Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
VoteRiders <http://electionlawblog.org/?p=54432>
Posted on August 15, 2013 3:07 pm <http://electionlawblog.org/?p=54432>
by Rick Hasen <http://electionlawblog.org/?author=3>
I've been hearing from a lot of people asking me for suggestions on what
to do to counter some of the new strict voting rules that are being
enacted into law in North Carolina, Texas, and elsewhere. I've been
sending folks to check out VoteRiders and their Voter ID clinics.
<http://voteriders.com/VoterIDClinics>
Litigation against some of these harsh voting laws is likely to be only
partially successful; efforts like VoteRiders' are going to be necessary
in a lot of places.
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60> |
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Joel Gora on McCutcheon <http://electionlawblog.org/?p=54428>
Posted on August 15, 2013 8:19 am <http://electionlawblog.org/?p=54428>
by Rick Hasen <http://electionlawblog.org/?author=3>
Here
<http://www.scotusblog.com/2013/08/symposium-mccutcheon-v-fec-and-the-fork-in-the-road/>,
at SCOTUSBlog:
Many are already raising the specter of the /McCutcheon /case being
another /Citizens United/, this time dramatically changing the basic
law on contribution limits. But McCutcheon and the RNC are not
making that argument and are not challenging the validity of the
base limits on contributions to candidates or parties. They think
they can win within the traditional /Buckley/ framework that permits
contribution regulation, but only if properly justified. And Justice
Kennedy in /Citizens United/ went out of the way to say that the
case involved independent expenditures only, with no direct impact
on the validity of contribution limits. But one of the linchpins of
his decision was that the only compelling interest that justifies
campaign finance limitations is preventing direct /quid pro quo/
corruption. To the extent the supporters of the law seem to be
claiming that contributors like McCutcheon might have greater access
to and influence on Republican elected officials, these days that
does not seem to be much of a winning argument in the Supreme Court.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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Bauer on 501(c)(3) Politics <http://electionlawblog.org/?p=54425>
Posted on August 15, 2013 8:14 am <http://electionlawblog.org/?p=54425>
by Rick Hasen <http://electionlawblog.org/?author=3>
Here <http://www.moresoftmoneyhardlaw.com/2013/08/501c3-politics/>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"This September May Be New York City's Voting Apocalypse"
<http://electionlawblog.org/?p=54422>
Posted on August 15, 2013 8:12 am <http://electionlawblog.org/?p=54422>
by Rick Hasen <http://electionlawblog.org/?author=3>
Important TPM report
<http://tpmdc.talkingpointsmemo.com/2013/08/nyc-voting-apocalypse.php?ref=fpa>.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
voting technology <http://electionlawblog.org/?cat=40> | 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
hhttp://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org
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