[EL] ELB News and Commentary 8/27/13

Tue Aug 27 09:14:08 PDT 2013

    Election Law Blog Will Be Down for Upgrades Later Today
    <http://electionlawblog.org/?p=54843>

Posted on August 27, 2013 9:11 am <http://electionlawblog.org/?p=54843> 
by Rick Hasen <http://electionlawblog.org/?author=3>

You may need to refresh your browsers when it comes back on line.

Among other things, this upgrade should make ELB more readable on 
tablets and mobile phones.

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

    "Colo. Supreme Court asked for guidance on recalls"
    <http://electionlawblog.org/?p=54840>

Posted on August 27, 2013 9:08 am <http://electionlawblog.org/?p=54840> 
by Rick Hasen <http://electionlawblog.org/?author=3>

AP reports. 
<http://www.gillettenewsrecord.com/stories/Colo-Supreme-Court-asked-for-guidance-on-recalls,95872?list_type=mostread>

On how this issue recently came to the attention of Colorado officials, 
see here 
<http://recallelections.blogspot.com/2013/08/colorado-another-possible-challenge.html>.

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Posted in campaigns <http://electionlawblog.org/?cat=59>, recall 
elections <http://electionlawblog.org/?cat=11> | Comments Off

    "State takes up Detroit's disputed election today, seeks to finalize
    mayor count" <http://electionlawblog.org/?p=54838>

Posted on August 27, 2013 9:06 am <http://electionlawblog.org/?p=54838> 
by Rick Hasen <http://electionlawblog.org/?author=3>

The /Detroit Free Press/ reports. 
<http://www.freep.com/article/20130827/NEWS01/308270016/1001/rss01>

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Posted in election administration <http://electionlawblog.org/?cat=18> | 
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    Video of Rep. Sensenbrenner Talking About VRA Fix
    <http://electionlawblog.org/?p=54835>

Posted on August 26, 2013 9:16 pm <http://electionlawblog.org/?p=54835> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Watch 
<http://www.washingtonpost.com/posttv/politics/rnc-chair-fights-to-restore-voting-rights-act/2013/08/26/7143dbf0-0e9f-11e3-bdf6-e4fc677d94a1_video.html> 
at Post TV.

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Posted in Voting Rights Act <http://electionlawblog.org/?cat=15> | 
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    "DNC targets Arizona election-law overhaul"
    <http://electionlawblog.org/?p=54832>

Posted on August 26, 2013 9:07 pm <http://electionlawblog.org/?p=54832> 
by Rick Hasen <http://electionlawblog.org/?author=3>

The /Arizona Republic /reports. 
<http://www.azcentral.com/news/politics/articles/20130823dnc-arizona-election-nowicki.html>

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

    "House GOP Hopeful Compares N.C. Voter ID Law to Excrement"
    <http://electionlawblog.org/?p=54829>

Posted on August 26, 2013 8:56 pm <http://electionlawblog.org/?p=54829> 
by Rick Hasen <http://electionlawblog.org/?author=3>

HOH 
<http://hoh.rollcall.com/house-hopeful-compares-n-c-voter-id-to-excrement/>.

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Posted in The Voting Wars <http://electionlawblog.org/?cat=60> | 
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    "Grumpy Old Justices: Scalia and Ginsburg are really disappointed in
    the Supreme Court. But only one of them is right to be."
    <http://electionlawblog.org/?p=54827>

Posted on August 26, 2013 8:55 pm <http://electionlawblog.org/?p=54827> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Dahlia Lithwick writes 
<http://www.slate.com/articles/news_and_politics/jurisprudence/2013/08/ginsburg_and_scalia_s_supreme_court_complaints_do_they_agree_about_what.html> 
for /Slate./

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Posted in Supreme Court <http://electionlawblog.org/?cat=29> | Comments Off

    "Public Interest Groups Urge FCC to Continue Improving Political Ad
    Transparency" <http://electionlawblog.org/?p=54825>

Posted on August 26, 2013 8:54 pm <http://electionlawblog.org/?p=54825> 
by Rick Hasen <http://electionlawblog.org/?author=3>

See this press release 
<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=2226:august-26-2013-public-interest-groups-urge-fcc-to-continue-improving-political-ad-transparency&catid=63:legal-center-press-releases&Itemid=61>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
campaigns <http://electionlawblog.org/?cat=59> | Comments Off

    Do Non-Partisan Primary Elections Make Immigration Legislation More
    Likely? <http://electionlawblog.org/?p=54822>

Posted on August 26, 2013 11:57 am <http://electionlawblog.org/?p=54822> 
by Richard Pildes <http://electionlawblog.org/?author=7>

So argues an important Wall Street Journal piece today based on 
California's experience with its new, "Top-Two" primary system in the 
2012 elections.  Laced with quotes from political insiders, including 
Republican members of California's congressional delegation, the 
argument is that because these Republicans do not have to fear a more 
conservative challenger in an upcoming closed primary, they are able to 
better reflect the more centrist position of the state's voters.  Like 
all WSJ pieces, this one is behind a paywall, so I'll excerpt just a 
couple of key quotes:

    "The open primary system makes you more responsive to your entire
    district," said Rep. Jeff Denham, a Republican from the Central
    Valley who supports a path to citizenship for illegal immigrants.
    "If a member leans far to one side of the political spectrum," it
    will hurt him politically, he said.

    "It boils down to this: If the entire country voted with
    California's primary system, the chances of an immigration bill
    emerging from the House would be much, much greater," said David
    Wasserman, a House analyst at the nonpartisan Cook Political Report.

The reason is that 10 of CA's Republican House members support a path to 
citizenship or are reportedly open to immigration reform.

I have argued, with only modest confidence, that the single 
institutional change most likely to make a dent in political 
polarization would be changing the structure of primary elections.  For 
a video, see here <http://bigthink.com/users/richardpildes>; for a 
fuller academic treatment, seehere 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1646989>.  I do not 
think the "Top-Two" structure is the ideal way to change primary 
elections, but it generally moves in the right direction.  As I discuss 
at the links, there are related, but in view better, ways of reforming 
primary elections with similar objectives in mind.

Here is a citation to the WSJ piece: Meckler, Laura. "U.S. News: New 
Primary Colors Debate in California." Wall Street JournalAug 24 2013. 
ProQuest. Web. 26 Aug. 2013 .

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

    "U.S. v. Texas and the Strident Language of the Voting Rights Fight"
    <http://electionlawblog.org/?p=54819>

Posted on August 26, 2013 8:52 am <http://electionlawblog.org/?p=54819> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Andrew Cohen writes 
<http://www.theatlantic.com/national/archive/2013/08/-i-us-v-texas-i-and-the-strident-language-of-the-voting-rights-fight/278564/> 
for The Atlantic.

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Posted in Department of Justice <http://electionlawblog.org/?cat=26>, 
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

    U.S. Nationals But Not Citizens---Interesting Right to Vote Case
    Coming to DC Circuit <http://electionlawblog.org/?p=54816>

Posted on August 26, 2013 8:45 am <http://electionlawblog.org/?p=54816> 
by Rick Hasen <http://electionlawblog.org/?author=3>

 From an email from plaintiffs I received:

    /Tuaua v. United States/
    <http://www.equalrightsnow.org/case_overview> considers the rights
    of people born in the U.S. territory of American Samoa, which has
    been a part of the United States since 1900.//Federal law labels the
    /Tuaua/ plaintiffs as "nationals, but not citizens, of the United
    States," making them the only Americans who are not recognized as
    citizens.  We argue the Citizenship Clause of the 14th Amendment
    guarantees them birthright citizenship.

    One of the most significant impacts of their "non-citizen national"
    status is on voting rights.  Even though they are American
    nationals, because they are not recognized as citizens our
    plaintiffs who live in Hawaii (a veteran) and Washington State are
    denied the right to vote in state and federal elections unless they
    first naturalize.  This means that before they can vote they would
    need to pay nearly $700 in fees and pass an English language and
    civics test --- talk about a poll tax and literacy test!

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Posted in voting <http://electionlawblog.org/?cat=31> | Comments Off

    When Gmail Downgrades Campaign Emails
    <http://electionlawblog.org/?p=54813>

Posted on August 26, 2013 8:40 am <http://electionlawblog.org/?p=54813> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Interesting Politico report. 
<http://www.politico.com/story/2013/08/gmail-tabs-campaign-emails-95892.html>

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Posted in campaigns <http://electionlawblog.org/?cat=59> | 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://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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