[EL] ELB News and Commentary 12/5/13

Wed Dec 4 21:04:35 PST 2013

    "Why I was wrong about the nuclear option"
    <http://electionlawblog.org/?p=57193>

Posted on December 4, 2013 9:02 pm 
<http://electionlawblog.org/?p=57193>by Rick Hasen 
<http://electionlawblog.org/?author=3>

The Fix self-analyzes 
<http://www.washingtonpost.com/blogs/the-fix/wp/2013/12/04/why-i-was-wrong-about-the-nuclear-option/>.

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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>

    "The Court's Contempt for Congress"
    <http://electionlawblog.org/?p=57191>

Posted on December 4, 2013 9:00 pm 
<http://electionlawblog.org/?p=57191>by Rick Hasen 
<http://electionlawblog.org/?author=3>

This Jeff Shesol piece 
<http://www.newyorker.com/online/blogs/newsdesk/2013/12/the-courts-contempt-for-congress.html> 
in the New Yorker discusses Shelby County, Citizens United, and the 
question of Court-Congress relations.

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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting 
Rights Act <http://electionlawblog.org/?cat=15>

    "The downside of clear election laws"
    <http://electionlawblog.org/?p=57189>

Posted on December 4, 2013 8:48 pm 
<http://electionlawblog.org/?p=57189>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Not much 
<http://www.washingtonpost.com/blogs/govbeat/wp/2013/12/04/when-a-clear-election-law-is-a-bad-thing/> 
of a downside if you ask me.

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

    "Further Unmasking Corporate Political Spending"
    <http://electionlawblog.org/?p=57187>

Posted on December 4, 2013 7:48 pm 
<http://electionlawblog.org/?p=57187>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Leo Hindrey blog post 
<http://www.huffingtonpost.com/leo-hindery-jr/further-unmasking-corpora_b_4386215.html?utm_hp_ref=politics>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>

    Welcome to D.C., Ms. Ravel <http://electionlawblog.org/?p=57184>

Posted on December 4, 2013 4:47 pm 
<http://electionlawblog.org/?p=57184>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Bloomberg BNA 
<http://news.bna.com/mpdm/display/link_res.adp?lt=email&fname=A0E3W2A9E2&lf=eml&emc=mpdm:mpdm:109>:

    Ann Ravel, the new Democratic commissioner on the Federal Election
    Commission, has said she would not have taken the job if she had not
    been an optimist. A few weeks spent at the often-divided FEC,
    however, may have dimmed her outlook somewhat, Ravel told Bloomberg
    BNA in a Dec. 4 interview.

    Ravel said she found the level of partisan division at the FEC "very
    surprising" after arriving in late October from her previous post as
    head of California's campaign finance and ethics agency, the Fair
    Political Practices Commission (FPPC).

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

    #VAAG: "Judge sets Dec. 17-18 for recount in AG's race"
    <http://electionlawblog.org/?p=57182>

Posted on December 4, 2013 4:45 pm 
<http://electionlawblog.org/?p=57182>by Rick Hasen 
<http://electionlawblog.org/?author=3>

The latest 
<http://www.timesdispatch.com/news/latest-news/judge-sets-dec---for-recount-in-ag-s/article_6480b664-5d1d-11e3-8dd4-001a4bcf6878.html>from 
Va.

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Posted in recounts <http://electionlawblog.org/?cat=50>

    "Not Because It's Easy, SEC" <http://electionlawblog.org/?p=57180>

Posted on December 4, 2013 4:43 pm 
<http://electionlawblog.org/?p=57180>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Ciara Torres-Spelliscy blogs 
<http://www.brennancenter.org/blog/not-because-it-easy-sec>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>

    NYU Program on Polarization <http://electionlawblog.org/?p=57178>

Posted on December 4, 2013 4:34 pm 
<http://electionlawblog.org/?p=57178>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Via email:

    On behalf of New York University School of Law, you are cordially
    invited to a special program,*"Exploring 'Polarization': A
    Conversation"*, co-chaired by Bob Bauer and Sally Katzen,
    on*Thursday, December 12, 2013 from 9:00 a.m.-1:00 p.m. *at the NYU
    Academic Center at 1307 L Street, NW in Washington DC. The program
    is being sponsored by NYU School of Law's new Legislative and
    Regulatory Process Clinic.

    Through presentations and panel discussion, the program brings
    together experts from politics, the media and public policy to
    discuss how the question of "polarization" has become so prominent
    in our national policy debate and politics.  The key questions
    explored will be whether and in what form polarization exists;  the
    sources, scale and impact of any such problem; and whether the
    solution to "polarization" lies in ordinary politics, or in legal or
    institutional reform.

    The program will begin at *9:00 a.m.* with a dialogue between two
    scholars from the fields of law and political science: *Richard
    Pildes*, Sudler Family Professor of Constitutional Law at NYU School
    of Law and *John Sides*, associate professor of political science at
    George Washington University, who will provide the context for the
    panels to follow.  The program will conclude with remarks from
    *Senator Tom Daschle*.

    *Panel I: Polarization: the Role and Response of the Media and Think
    Tank Communities (10:00-11:00 a.m.)*
    *
    *Moderator, John Fortier,  Director, Democracy Project, Bipartisan
    Policy Center**

    Karlyn Bowman, Senior Fellow, American Enterprise Institute
    Major Garret, Chief White House Correspondent, CBS
    John Samples, Director, Center for Representative Government, Cato
    Institute
    Neera Tanden, President of the Center for American Progress
    Trevi Troy, Visiting Fellow, Hudson Institute
    *
    *Panel II: "Polarization" in the "Political World" (11:15 a.m -12:15
    p.m.)**

    *Moderator, John Fortier,  Director, Democracy Project, Bipartisan
    Policy Center*

    Eliot Cutler, Independent Candidate for Governor of Maine
    Rick Davis, Partner and Chief Operating Officer, Pegasus Sustainable
    Century Merchant Bank and National Campaign Manager, 2000 and 2008
    McCain Presidential Campaigns
    Anita Dunn, Managing Director, SKDKnickerbocker
    David Keating, President, Center for Competitive Politics
    *
    *Remarks of Senator Tom Daschle (12:15 p.m.)**

    To register, please click here[nyulaw.imodules.com]
    <https://urldefense.proofpoint.com/v1/url?u=http://nyulaw.imodules.com/politicalpolarization&k=06%2F1%2FwqqQY9VYFo4IVhphQ%3D%3D%0A&r=EYdlR0qXOmLAJgIxYN1Nh1D%2Fw4ZbuYExUNOde%2Fsjuxg%3D%0A&m=hOufYb4xjSjtyiweEiL7lK701Peo2LuOgV2dFWdCSyU%3D%0A&s=e4f4136a94987ea227b1e102c9babd434b1b94c50ae6940e64b1361d196c4167>
    or copy and paste the link below.

    Registration link::
    http://nyulaw.imodules.com/politicalpolarization[nyulaw.imodules.com] <https://urldefense.proofpoint.com/v1/url?u=http://nyulaw.imodules.com/politicalpolarization&k=06%2F1%2FwqqQY9VYFo4IVhphQ%3D%3D%0A&r=EYdlR0qXOmLAJgIxYN1Nh1D%2Fw4ZbuYExUNOde%2Fsjuxg%3D%0A&m=hOufYb4xjSjtyiweEiL7lK701Peo2LuOgV2dFWdCSyU%3D%0A&s=e4f4136a94987ea227b1e102c9babd434b1b94c50ae6940e64b1361d196c4167>

    *A note about NYU Law's Washington DC Clinic*
    The NYU Law Legislative and Regulatory Policy Clinic was established
    this fall at NYU's campus in Washington DC. Under the leadership of
    Distinguished Scholar in Residence and Senior Lecturer Bob Bauer,
    former White House Counsel, and Visiting Professor of Law Sally
    Katzen, former administrator of the White House Office of
    Information and Regulatory Affairs and former Deputy Director for
    Management at the Office of Management and Budget, students have
    spent a semester examining the multifaceted role of government
    lawyers while gaining experience at federal agencies and
    congressional offices.

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Posted in political polarization <http://electionlawblog.org/?cat=68>

    "Liberal heavyweight Patriot Majority USA fueled by secret,
    big-dollar donor" <http://electionlawblog.org/?p=57176>

Posted on December 4, 2013 4:33 pm 
<http://electionlawblog.org/?p=57176>by Rick Hasen 
<http://electionlawblog.org/?author=3>

CPI reports 
<http://www.publicintegrity.org/2013/12/04/13945/liberal-heavyweight-patriot-majority-usa-fueled-secret-big-dollar-donors>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law 
and election law <http://electionlawblog.org/?cat=22>

    And in ALEC-Related News and Commentary....
    <http://electionlawblog.org/?p=57174>

Posted on December 4, 2013 4:31 pm 
<http://electionlawblog.org/?p=57174>by Rick Hasen 
<http://electionlawblog.org/?author=3>

David Firestone (NYT Ed): If You Liked 'Stand Your Ground,' You'll Love 
the Jeffersonian Project 
<http://takingnote.blogs.nytimes.com/2013/12/04/if-you-liked-stand-your-ground-youll-love-the-jeffersonian-project/>

Common Cause: ALEC Taking Cover from Federal, State Tax Laws 
<http://www.commonblog.com/2013/12/04/alec-taking-cover-from-federal-state-tax-laws/>

PR Watch: New Guardian Docs Show ALEC Misled Press, Public 
<http://www.prwatch.org/news/2013/12/12328/leaked-docs-show-alecs>

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Posted in The Voting Wars <http://electionlawblog.org/?cat=60>

    "Solution to Rampant Gerrymandering Resides Within the States"
    <http://electionlawblog.org/?p=57172>

Posted on December 4, 2013 4:24 pm 
<http://electionlawblog.org/?p=57172>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Eric Freedman has written this oped 
<http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202629807756&kw=Solution%20to%20Rampant%20Gerrymandering%20Resides%20Within%20the%20States&et=editorial&bu=National%20Law%20Journal&cn=20131204&src=EMC-Email&pt=Supreme%20Court%20Brief%20Headlines&slreturn=20131104191415> 
for the /National Law Journal/.

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Posted in redistricting <http://electionlawblog.org/?cat=6>

    Revised Draft of My "Race or Party?" Paper Now Posted
    <http://electionlawblog.org/?p=57170>

Posted on December 4, 2013 11:34 am 
<http://electionlawblog.org/?p=57170>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Via SSRN, you can now download a revised draft of my paper, Race or 
Party? How Courts Should Think About Republican Efforts to Make it 
Harder to Vote in North Carolina and Elsewhere. 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2353068>

The final version should post on the /Harvard Law Review/ website in 
January.

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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>

    Panel Discussion on Political Nonprofits in 2014
    <http://electionlawblog.org/?p=57168>

Posted on December 4, 2013 10:58 am 
<http://electionlawblog.org/?p=57168>by Rick Hasen 
<http://electionlawblog.org/?author=3>

This event has an all-star cast:

    The Center for Responsive Politics will host a panel discussion this
    Friday, Dec. 6 to look at the role of politically active nonprofits
    in 2012 --- and what we might expect in 2014 and beyond.

    *Politically Active Nonprofits: What We've Learned about Dark Money*

    *DATE & TIME:* Friday, December 6, 8:30 -- 10:00 AM

    *LOCATION: *Faculty Conference Center, Burns Law Library, George
    Washington University (716 20th St. NW, 5th floor, Washington, DC 20052)

    Political activity by nondisclosing nonprofits, often referred to as
    "dark money groups," has become a major point of contention -- as
    well as confusion -- in the current campaign finance debate and a
    force in contemporary elections. Please join the Center for
    Responsive Politics for a panel discussion where we'll take stock of
    what's going on with these important players in the post-Citizens
    United, post-IRS scandal world, and recap what happened in 2012
    based on new information from recently obtained 990s. We'll also set
    the stage for the run-up to the 2014 and 2016 elections --- and
    discuss the potential impact of the new proposed regulations from
    the IRS.

    Panelists for this event include:

      * Donald Tobin, Ohio State University Moritz College of Law
      * Peter Overby, NPR
      * Jan Baran, Wiley Rein
      * Viveca Novak, Center for Responsive Politics
      * Robert Maguire, Center for Responsive Politics

Sign up by 12/6 at 8am 
<https://docs.google.com/forms/d/1zROLOQc6nemB3gunm1Evn40oh9DPOg3NyWWQ7FbRaCw/viewform>.

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

    "Ohio GOP Resurrects Voter Suppression Efforts"
    <http://electionlawblog.org/?p=57165>

Posted on December 4, 2013 9:14 am 
<http://electionlawblog.org/?p=57165>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Ari Berman writes 
<http://www.thenation.com/blog/177454/ohio-gop-resurrects-voter-suppression-efforts#> 
for /The Nation./

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

    "Ohio Files Brief in U.S. Supreme Court, Defending State Law that
    Makes it Illegal to Make a False Statement in a Campaign"
    <http://electionlawblog.org/?p=57163>

Posted on December 4, 2013 8:25 am 
<http://electionlawblog.org/?p=57163>by Rick Hasen 
<http://electionlawblog.org/?author=3>

BAN reports. 
<http://www.ballot-access.org/2013/12/ohio-files-brief-in-u-s-supreme-court-defending-state-law-that-makes-it-illegal-to-make-a-false-statement-in-a-campaign/>

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Posted in campaigns <http://electionlawblog.org/?cat=59>

    More on Palmdale <http://electionlawblog.org/?p=57161>

Posted on December 4, 2013 8:15 am 
<http://electionlawblog.org/?p=57161>by Rick Hasen 
<http://electionlawblog.org/?author=3>

The City of Palmdale's expert, Doug Johnson, posted some comments to the 
EL Listserv in response to the earlier David Ely comments 
<http://electionlawblog.org/?p=57139>posted on this blog. He has agreed 
to let me repost them here:

    As one might imagine from reading the ruling and remedy order in
    Palmdale, there are many, many complex issues going on here. As one
    of the City's experts, I'll save the details for court, but here are
    just a couple examples of the complexity of this situation: (these
    are already in the record):

      * My friend Mr. Ely mischaracterizes the Defense view of the
        racially polarized voting evidence. But he is correct that it is
        possible to draw a district that is over 50% Latino CVAP -- but
        that's obvious, as the City as a whole is now over 50% Latino
        CVAP (this is in the record from the remedy hearing, though the
        2012 one-year ACS data, which indicated the City was over 49%
        and that the Latino % of CVAP was continuing to increase 2-3
        percent per year, was not until after the original trial testimony).
      * The November election, whose certification the court blocked,
        elected the City's first African-American Councilmember. At the
        time the injunction was requested it was known that election was
        guaranteed to elect either an African-American or a Latino, as
        two seats were up for election and only one Anglo was running
        (against a Latino former Councilmember and two African Americans).
      * All of the incumbent Councilmembers (except one who did not run
        for re-election but who stays in office while the injunction
        against certification is in place), along with the
        newly-elected-but-not-yet-certified African American
        Councilmember, and along with the Latino former Councilmember
        who lost his effort to rejoin the Council in this recent
        election, are drawn into a single district (District 2) in the
        court plan.
      * The Court directs the City to consolidate its elections with
        statewide November even-year elections, but LA County has
        recently barred jurisdictions from consolidating
        <http://articles.latimes.com/2013/apr/30/local/la-me-school-elections-20130501>
        for the technical reason that the LA County ballot has no more
        space on its ballot card for any more local elections.

    An interactive ArcGIS Online version, in color, of the district plan
    ordered by the court is available at the link below for anyone
    interested in a version easier to read than the black & white map in
    the ruling. The large unshaded areas in the middle are
    unincorporated county islands.

    http://bit.ly/1izbGFG

    (If you use this map for professional or academic purposes, please
    attribute it to National Demographics Corporation).

    This case is likely to remain interesting as it winds through the
    judicial process.

UPDATE:

On the third bullet  point, Ely responds via email: "This is true. It is 
also true that District 2 represents a clear distinctive community of 
interest with 1/4th of the City's population. That community has a much 
lower minority population than the rest of the city. The fact that 3 of 
the 4 current incumbents, and all 4 if the recent election was 
certified, live in this one community, clearly illustrates the problem 
with the at large election scheme. The fact that the 3 incumbents 
mentioned would each have their own district in the City proposed plan 
further illustrates how that plan would be a poor remedy for the violation."

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Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>

    Bruce Freed and Karl Sandstrom on Corporate Political Disclosure in
    the U.S. <http://electionlawblog.org/?p=57159>

Posted on December 4, 2013 8:11 am 
<http://electionlawblog.org/?p=57159>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Read. 
<http://www.politicalaccountability.net/index.php?ht=a/GetDocumentAction/i/8182>

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Posted in campaign finance <http://electionlawblog.org/?cat=10>

    Don't Tax Political Speech; The IRS's proposed new 501(c)(4) rules
    are fundamentally unfair." <http://electionlawblog.org/?p=57157>

Posted on December 4, 2013 8:10 am 
<http://electionlawblog.org/?p=57157>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Douglas Levene has written this column 
<http://nationalreview.com/article/365304/dont-tax-political-speech-douglas-b-levene> 
for NRO.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law 
and election law <http://electionlawblog.org/?cat=22>

    "State supreme court judges reveal scant financial information"
    <http://electionlawblog.org/?p=57155>

Posted on December 4, 2013 8:08 am 
<http://electionlawblog.org/?p=57155>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Extensive CPI investigation 
<http://www.publicintegrity.org/2013/12/04/13808/state-supreme-court-judges-reveal-scant-financial-information>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
conflict of interest laws <http://electionlawblog.org/?cat=20>, ethics 
investigations <http://electionlawblog.org/?cat=42>, judicial elections 
<http://electionlawblog.org/?cat=19>

    "Unteachable: Shelby County, Canonical Apostasies, and Ways Forward
    for the Voting Rights Act" <http://electionlawblog.org/?p=57153>

Posted on December 4, 2013 8:07 am 
<http://electionlawblog.org/?p=57153>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Kareem Crayton and Terry Smith have postedthis draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2361495>on SSRN.  
Here is the abstract:

    In this paper, we analyze the Supreme Court's decision in Shelby
    County, Alabama v. Holder, which declared unconstitutional the
    coverage formula for Section 5 preclearance. We conclude that Shelby
    County is a radical departure not only from the Supreme Court's
    Voting Rights Act jurisprudence but also from canons of statutory
    construction more generally. While the Court's decision has adverse
    implications for both separation of powers doctrine and minority
    voting rights, the authors propose an expeditious fix to the
    coverage formula that would likely pass constitutional muster.

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<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D57153&title=%E2%80%9CUnteachable%3A%20Shelby%20County%2C%20Canonical%20Apostasies%2C%20and%20Ways%20Forward%20for%20the%20Voting%20Rights%20Act%E2%80%9D&description=>
Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting 
Rights Act <http://electionlawblog.org/?cat=15>

    "Elections officials say some voting equipment is outdated"
    <http://electionlawblog.org/?p=57151>

Posted on December 4, 2013 7:43 am 
<http://electionlawblog.org/?p=57151>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Important #VAAG implications. 
<http://www.timesdispatch.com/news/state-regional/government-politics/elections-officials-say-some-voting-equipment-is-outdated/article_4b0d20ca-2e5e-5948-b2e1-f763ddb46de8.html>

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
recounts <http://electionlawblog.org/?cat=50>

    "Don't count on IRS for campaign disclosure any time soon"
    <http://electionlawblog.org/?p=57149>

Posted on December 4, 2013 7:40 am 
<http://electionlawblog.org/?p=57149>by Rick Hasen 
<http://electionlawblog.org/?author=3>

SacBee editorial. 
<http://www.sacbee.com/2013/12/04/5967828/dont-count-on-irs-for-campaign.html>

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law 
and election law <http://electionlawblog.org/?cat=22>

    "IT'S ... ALIVE?! EAC to Get New Commissioners Soon?"
    <http://electionlawblog.org/?p=57147>

Posted on December 4, 2013 7:39 am 
<http://electionlawblog.org/?p=57147>by Rick Hasen 
<http://electionlawblog.org/?author=3>

A Chapinblog 
<http://blog.lib.umn.edu/cspg/electionacademy/2013/12/its_alive_eac_to_get_new_commi.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>, 
Election Assistance Commission <http://electionlawblog.org/?cat=34>, The 
Voting Wars <http://electionlawblog.org/?cat=60>

-- 
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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