[EL] ELB News and Commentary 1/8/13

Mon Jan 7 21:44:54 PST 2013

    "If Judges Aren't Politicians, What Are They?"
    <http://electionlawblog.org/?p=45985>

Posted on January 7, 2013 9:38 pm <http://electionlawblog.org/?p=45985> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Cass Sunstein writes 
<http://www.bloomberg.com/news/2013-01-08/if-judges-aren-t-politicians-what-are-they-.html> 
for Bloomberg View.

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

    "2011 elex law sponsor files bill to change early voting"
    <http://electionlawblog.org/?p=45980>

Posted on January 7, 2013 5:38 pm <http://electionlawblog.org/?p=45980> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Sun Sentinel: 
<http://weblogs.sun-sentinel.com/news/politics/dcblog/2013/01/2011_elex_law_sponsor_files_bi.html>  
"What a difference an election with long lines can make. Sen. *Miguel 
Diaz de la Portilla*, R-Miami, who sponsored the 2011 election law 
rewrite that scaled back the number of days for early voting, has 
authored a bill that would provide more early voting opportunities."

Update 
<http://www.palmbeachpost.com/news/news/state-regional/sponsor-of-law-that-pared-early-voting-days-propos/nTpsY/>:

    The Senate sponsor of the bill that cut the number of early voting
    days in Florida from 14 to eight has filed a new proposal that would
    add back one day --- the Sunday before Election Day -- after
    criticism that eliminating that "Souls to the Polls" day was meant
    to reduce black turnout in the presidential election.

    But some critics say nine days are not enough for large counties,
    including Palm Beach, where some voters waited in line for eight
    hours to cast ballots in 2012. And the latest proposal filed by Sen.
    Miguel Diaz de la Portilla, a Republican lawyer from Miami who was
    instrumental in shortening the number of early voting days in a 2011
    election bill (HB 1355), is a departure from what the state's
    supervisors of elections are seeking.

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

    "U.S. House Republicans Who Supported the 'Cliff Deal' Were Most
    Likely to Come from States with Closed Primaries"
    <http://electionlawblog.org/?p=45977>

Posted on January 7, 2013 5:06 pm <http://electionlawblog.org/?p=45977> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Ballot Access News reports 
<http://www.ballot-access.org/2013/01/02/u-s-house-republicans-who-supported-the-cliff-deal-were-most-likely-to-come-from-states-with-closed-primaries/>.

Mark Pau 
<http://www.thecaliforniafix.com/thecaliforniafix/2013/1/3/the-wages-of-primary-reform>l: 
"That doesn't count as definitive evidence, but it's a reminder that we 
are still waiting for the [top two primary] reformers to show us any 
evidence that the changes they pimped have had any benefit at all."

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Posted in political parties <http://electionlawblog.org/?cat=25>, 
political polarization <http://electionlawblog.org/?cat=68>, primaries 
<http://electionlawblog.org/?cat=32> | Comments Off

    Pam Karlan Responds to George Will on Karlan on CJ Roberts
    <http://electionlawblog.org/?p=45974>

Posted on January 7, 2013 5:00 pm <http://electionlawblog.org/?p=45974> 
by Rick Hasen <http://electionlawblog.org/?author=3>

See this letter to the editor 
<http://www.washingtonpost.com/opinions/george-will-distorted-my-law-review-article/2013/01/05/41e50804-550c-11e2-89de-76c1c54b1418_story.html>.

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

    "National Popular Vote foes coalesce; Some Republicans say they've
    squashed the movement to sidestep the Electoral College".
    <http://electionlawblog.org/?p=45971>

Posted on January 7, 2013 4:58 pm <http://electionlawblog.org/?p=45971> 
by Rick Hasen <http://electionlawblog.org/?author=3>

The /OC Register/ reports 
<http://www.ocregister.com/articles/states-382500-electoral-vote.html>.

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Posted in electoral college <http://electionlawblog.org/?cat=44> | 
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    If a Corporation is a Person, Can It Get You in the Carpool Lane?
    <http://electionlawblog.org/?p=45968>

Posted on January 7, 2013 4:52 pm <http://electionlawblog.org/?p=45968> 
by Rick Hasen <http://electionlawblog.org/?author=3>

NBC Bay Area 
<http://www.nbcbayarea.com/news/local/A-Man-and-His-Papers-Claims-Two-in-Carpool-Dispute-185752132.html>: 
"[The driver ticketed for driving alone in the carpool lane] got the 
ticket back in October, but he claims he wasn't really driving alone 
because he had his corporation papers with him and a corporation is a 
person under the law."

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    Derek Muller on Efforts to Change Electoral College Allocations
    <http://electionlawblog.org/?p=45966>

Posted on January 7, 2013 4:50 pm <http://electionlawblog.org/?p=45966> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Here 
<http://prawfsblawg.blogs.com/prawfsblawg/2013/01/its-never-too-early-to-think-about-2016.html>, 
at Prawfsblawg.

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Posted in election administration <http://electionlawblog.org/?cat=18> | 
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    "Supreme Court Again Comes Down On Side of Donor Disclosure, Denies
    Cert in Real Truth About Abortion"
    <http://electionlawblog.org/?p=45963>

Posted on January 7, 2013 4:49 pm <http://electionlawblog.org/?p=45963> 
by Rick Hasen <http://electionlawblog.org/?author=3>

The Campaign Legal Center has issued this press release. 
<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=2009:january-7-2013-supreme-court-again-comes-down-on-side-of-donor-disclosure-denies-cert-in-real-truth-about-abortion&catid=63:legal-center-press-releases&Itemid=61>

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "Constitutional Adjudication, Free Expression and the Fashionable
    Art of Corporation-Bashing" <http://electionlawblog.org/?p=45960>

Posted on January 7, 2013 4:38 pm <http://electionlawblog.org/?p=45960> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Marty Redish and Peter Siegal have posted this draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2190707> on SSRN 
(forthcoming, /Texas Law Review/). Here is the abstract:

    Professor Redish and Mr. Siegal explain why the Supreme Court in
    Citizens United was correct to recognize free speech rights of
    profit-making corporations. They argue first that there is no
    rational basis on which to distinguish the First Amendment rights of
    media corporations from those of other corporations, noting that the
    Supreme Court has never drawn a distinction between the free speech
    rights of the media and private speakers. They further argue that
    vesting free speech rights in corporations furthers important First
    Amendment values, in particular informing the electorate and
    checking government.

I am looking forward to reading this!

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    Supreme Court Sets March 18 Oral Argument Date in Arizona Voting
    Case <http://electionlawblog.org/?p=45957>

Posted on January 7, 2013 9:30 am <http://electionlawblog.org/?p=45957> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Lyle reports 
<http://www.scotusblog.com/2013/01/marriage-arguments-march-26-27/>. The 
question is the scope of the Elections Clause, an issue I'll be 
exploring soon.

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Posted in 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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