[EL] ELB News and Commentary 1/23/13

[Rick Hasen]

    "K Street Sings the Blues" <http://electionlawblog.org/?p=46488>

Posted on January 23, 2013 8:27 am <http://electionlawblog.org/?p=46488> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Politico 
<http://www.politico.com/story/2013/01/k-street-sings-the-blues-86607.html?hp=f2>: 
"K Street is living through lean times. The majority of big D.C. lobby 
shops have seen their revenues flat-line or decline during the last year 
of President Barack Obama's first term --- buffeted by a lingering 
global financial crisis, a Congress so divided that it's unable to 
conduct routine business and the rise of a permanent campaign mentality 
between the parties."

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Posted in legislation and legislatures 
<http://electionlawblog.org/?cat=27>, lobbying 
<http://electionlawblog.org/?cat=28>, political parties 
<http://electionlawblog.org/?cat=25>, political polarization 
<http://electionlawblog.org/?cat=68> | Comments Off


    "Republicans and the Filibuster Endgame"
    <http://electionlawblog.org/?p=46486>

Posted on January 23, 2013 8:25 am <http://electionlawblog.org/?p=46486> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Smart Jonathan Bernstein Post-Partisan blog post: 
<http://www.washingtonpost.com/blogs/post-partisan/wp/2013/01/23/republicans-and-the-filibuster/>"But 
overall, it's really easy for me to imagine a large group of Republican 
senators loudly opposing Senate reform while privately wishing that 
Democrats will go nuclear. Which means that Democrats who really want a 
deal might find it harder than they might expect."

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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


    "Va. Republicans' redistricting maneuver draws criticism"
    <http://electionlawblog.org/?p=46483>

Posted on January 23, 2013 8:21 am <http://electionlawblog.org/?p=46483> 
by Rick Hasen <http://electionlawblog.org/?author=3>

WaPo reports. 
<http://www.washingtonpost.com/local/va-politics/va-republicans-move-on-redistricting-draws-criticism/2013/01/22/f7645ee8-64b9-11e2-9e1b-07db1d2ccd5b_story.html>

<http://www.washingtonpost.com/local/va-politics/va-republicans-move-on-redistricting-draws-criticism/2013/01/22/f7645ee8-64b9-11e2-9e1b-07db1d2ccd5b_story.html> 

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


    Stephen Colbert Takes on Partisan Gerrymandering, Electoral College
    Reform <http://electionlawblog.org/?p=46481>

Posted on January 23, 2013 8:20 am <http://electionlawblog.org/?p=46481> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Via 
<http://www.washingtonpost.com/blogs/the-fix/wp/2013/01/23/stephen-colbert-assesses-the-gops-electoral-vote-gambit-video/>the 
/Washington Post./

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Appeal%20declined%20to%20issue%20an%20expedited%20decision%20in%20the%20case%2C%20it%20ordered%20full%20briefing%20and%20argument%2C%20and%20last%20Friday%20afternoon%20issued%20a%20ruling%20that%20the%20Legislature%20had%20acted%20unconstitutionally%20in%20passing%20AB1499.%20The%20Court%20ruled%20that%20for%20a%20bill%20to%20be%20%E2%80%9Crelated%20to%20the%20budget%20bill%E2%80%9D%20within%20the%20meaning%20of%20Proposition%2025%2C%20it%20must%20%E2%80%9Cbe%20identified%20at%20the%20time%20the%20budget%20bill%20is%20passed%20by%20the%20Legislature.%E2%80%9D%20%20The%20ruling%20goes%20on%20to%20say%20that%2C%20to%20be%20so%20identified%20within%20the%20meaning%20of%20California%E2%80%99s%20Constitution%2C%20the%20trailer%20bill%20must%20%E2%80%9Cpinpoint%20the%20idea%20or%20concept%20%5Bof%20the%20bill%5D%20at%20the%20time%20the%20budget%20is%20passed.%E2%80%9D%20%20In%20other%20words%2C%20the%20bill%20must%20contain%20a%20%E2%80%9C%E2%80%98draft%20of%20a%20proposed%20law%20presented%20for%20approval%20to%20the%20legislative%20body%E2%80%99%E2%80%9D%20and%20must%20include%20an%20appropriation.%20%20An%20empty%20spot%20bill%20does%20not%20satisfy%20this%20constitutional%20requirement.%0A%0A%20%20%20%20The%20Court%20of%20Appeal%20opinion%20signals%20that%20the%20courts%20will%20carefully%20review%20legislative%20action%20to%20determine%20whether%20or%20not%20it%20complies%20with%20Proposition%2025.%0A%0A%20%20%20%20The%20case%20is%20Howard%20Jarvis%20Taxpayers%20Assn.%20v.%20Bowen%2C%20Case%20No.%20C071506%20%28Cal.%20Ct.%20App.%203d%20Dist.%20Jan.%2018%2C%202013%29.%0A%0A%20%20%20%20The%20opinion%20can%20be%20found%20online%20here.%0A%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CPresident%20Obama%20Opts%20for%20%E2%80%98The%20Ends%20Justify%20the%20Means%2C%E2%80%99%20Where%20%E2%80%98Means%E2%80%99%20Creates>
Posted in election law "humor" <http://electionlawblog.org/?cat=52>, 
electoral college <http://electionlawblog.org/?cat=44>, redistricting 
<http://electionlawblog.org/?cat=6> | Comments Off


    "Dan Walters: Lawmakers ask Californians to do as they say, not do"
    <http://electionlawblog.org/?p=46478>

Posted on January 23, 2013 8:18 am <http://electionlawblog.org/?p=46478> 
by Rick Hasen <http://electionlawblog.org/?author=3>

New column 
<http://www.sanluisobispo.com/2013/01/23/2366215/dan-walters-lawmakers-ask-californians.html>: 
"When members of the California Legislature pass legislation, they are, 
in effect, writing rules they expect everyone to obey. It's particularly 
strange, therefore, that legislators skirt, or even ignore, the rules 
they are supposed to follow."

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Posted in chicanery <http://electionlawblog.org/?cat=12>, legislation 
and legislatures <http://electionlawblog.org/?cat=27> | Comments Off


    "Florida Election Law: Voting Done Right"
    <http://electionlawblog.org/?p=46475>

Posted on January 23, 2013 8:14 am <http://electionlawblog.org/?p=46475> 
by Rick Hasen <http://electionlawblog.org/?author=3>

/The Ledger/ editorial 
<http://www.newschief.com/article/20130123/EDIT01/130129726/1345/sports04?Title=Florida-Election-Law-Voting-Done-Right>: 
"Whatever his motivations, Gov. Rick Scott deserves praise for his 
about-face on state election law."

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


    "Meet Daniel J. Freeman, the Justice Dept. lawyer who booed Paul
    Ryan at the Inauguration" <http://electionlawblog.org/?p=46472>

Posted on January 23, 2013 8:11 am <http://electionlawblog.org/?p=46472> 
by Rick Hasen <http://electionlawblog.org/?author=3>

The /Daily Caller/'s Jim Treacher writes 
<http://dailycaller.com/2013/01/23/meet-daniel-j-freeman-the-justice-dept-lawyer-who-booed-paul-ryan-at-the-inauguration/>.

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Posted in Department of Justice <http://electionlawblog.org/?cat=26> | 
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    On This Day in 1845, Congress Set the Tuesday After the First Monday
    in November as Election Day <http://electionlawblog.org/?p=46469>

Posted on January 23, 2013 8:04 am <http://electionlawblog.org/?p=46469> 
by Rick Hasen <http://electionlawblog.org/?author=3>

The good folks at Why Tuesday? 
<http://whytuesday.tumblr.com/post/41280352136/on-this-day-in-1845-congress-set-the-tuesday> 
remind us of this practice, and suggest why it should change.

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Posted in election administration <http://electionlawblog.org/?cat=18> | 
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    "In Defense of Ranked Choice Voting"
    <http://electionlawblog.org/?p=46467>

Posted on January 23, 2013 8:02 am <http://electionlawblog.org/?p=46467> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Richard DeLeon and Arend Lijphart have written this oped 
<http://www.sfgate.com/opinion/openforum/article/In-defense-of-ranked-choice-voting-4215299.php> 
for the /SF Chronicle./

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%20an%20expedited%20decision%20in%20the%20case%2C%20it%20ordered%20full%20briefing%20and%20argument%2C%20and%20last%20Friday%20afternoon%20issued%20a%20ruling%20that%20the%20Legislature%20had%20acted%20unconstitutionally%20in%20passing%20AB1499.%20The%20Court%20ruled%20that%20for%20a%20bill%20to%20be%20%E2%80%9Crelated%20to%20the%20budget%20bill%E2%80%9D%20within%20the%20meaning%20of%20Proposition%2025%2C%20it%20must%20%E2%80%9Cbe%20identified%20at%20the%20time%20the%20budget%20bill%20is%20passed%20by%20the%20Legislature.%E2%80%9D%20%20The%20ruling%20goes%20on%20to%20say%20that%2C%20to%20be%20so%20identified%20within%20the%20meaning%20of%20California%E2%80%99s%20Constitution%2C%20the%20trailer%20bill%20must%20%E2%80%9Cpinpoint%20the%20idea%20or%20concept%20%5Bof%20the%20bill%5D%20at%20the%20time%20the%20budget%20is%20passed.%E2%80%9D%20%20In%20other%20words%2C%20the%20bill%20must%20contain%20a%20%E2%80%9C%E2%80%98draft%20of%20a%20proposed%20law%20presented%20for%20approval%20to%20the%20legislative%20body%E2%80%99%E2%80%9D%20and%20must%20include%20an%20appropriation.%20%20An%20empty%20spot%20bill%20does%20not%20satisfy%20this%20constitutional%20requirement.%0A%0A%20%20%20%20The%20Court%20of%20Appeal%20opinion%20signals%20that%20the%20courts%20will%20carefully%20review%20legislative%20action%20to%20determine%20whether%20or%20not%20it%20complies%20with%20Proposition%2025.%0A%0A%20%20%20%20The%20case%20is%20Howard%20Jarvis%20Taxpayers%20Assn.%20v.%20Bowen%2C%20Case%20No.%20C071506%20%28Cal.%20Ct.%20App.%203d%20Dist.%20Jan.%2018%2C%202013%29.%0A%0A%20%20%20%20The%20opinion%20can%20be%20found%20online%20here.%0A%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CPresident%20Obama%20Opts%20for%20%E2%80%98The%20Ends%20Justify%20the%20Means%2C%E2%80%99%20Where%20%E2%80%98Means%E2%80%99%20Creates>
Posted in alternative voting systems 
<http://electionlawblog.org/?cat=63>, election administration 
<http://electionlawblog.org/?cat=18> | Comments Off


    "Secretive conservative group looks ready to vanish"
    <http://electionlawblog.org/?p=46464>

Posted on January 23, 2013 7:59 am <http://electionlawblog.org/?p=46464> 
by Rick Hasen <http://electionlawblog.org/?author=3>

ATP to disappear 
<http://billingsgazette.com/news/state-and-regional/montana/secretive-conservative-group-looks-ready-to-vanish/article_e9fe6698-7059-5cf6-9d92-84fcf9fcbb9d.html>.

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the%20purpose%20of%20streamlining%20the%20registration%20process%20and%20prohibits%20unnecessary%20obstacles%20to%20voter%20registration.%E2%80%9D%0AShare%0APosted%20in%20election%20administration%2C%20voter%20registration%09%7C%20Comments%20Off%0APoliticians%20as%20Fiduciaries%0APosted%20on%20January%2022%2C%202013%201%3A13%20pm%20by%20Rick%20Hasen%0A%0AThe%20final%20version%20of%20Teddy%20Rave%E2%80%99s%20article%20%28about%20which%20I%20blogged%20here%29%20has%20now%20posted%20at%20the%20Harvard%20Law%20Review%20website.%0AShare%0APosted%20in%20redistricting%2C%20theory%09%7C%20Comments%20Off%0A%E2%80%9CCourt%20of%20Appeal%20Rules%20Legislature%20Violated%20The%20Constitution%20Last%20Fall%20When%20It%20Passed%20a%20Spot%20Bill%20To%20Put%20The%20Governor%E2%80%99s%20Tax%20Measure%20At%20The%20Top%20Of%20The%20Ballot%20%E2%80%9C%0APosted%20on%20January%2022%2C%202013%201%3A07%20pm%20by%20Rick%20Hasen%0A%0AThe%20following%20press%20release%20from%20Nielsen%20Merksamer%20arrived%20via%20email%3A%0A%0A%20%20%20%20Court%20of%20Appeal%20Rules%20Legislature%20Violated%20The%20Constitution%20Last%20Fall%20When%20It%20Passed%20a%20Spot%20Bill%20To%20Put%20The%20Governor%E2%80%99s%20Tax%20Measure%20At%20The%20Top%20Of%20The%20Ballot%0A%0A%20%20%20%20CONCLUDES%20THE%20ELECTORATE%20DID%20NOT%20MEAN%20TO%20%E2%80%9CCREATE%20SUCH%20A%20TRANSPARENT%20LOOPHOLE%20IN%20THE%20BUDGETING%20PROCESS%E2%80%9D%20IN%20ADOPTING%20PROP.%2025%0A%0A%20%20%20%20%20Last%20Friday%20afternoon%20the%20California%20Court%20of%20Appeal%20in%20Sacramento%20unanimously%20concluded%20the%20Legislature%20acted%20illegally%20when%20it%20passed%20the%20state%20budget%2C%20and%20then%20used%20what%20is%20known%20as%20a%20spot%20bill%20to%20pass%20a%20statute%20by%20majority%20vote%20placing%20the%20Governor%E2%80%99s%20tax%20measure%2C%20Proposition%2030%2C%20in%20a%20preferred%20position%20at%20the%20top%20of%20the%20statewide%20ballot.%20In%20doing%20so%2C%20the%20Court%20rejected%20the%20Legislature%E2%80%99s%20use%20of%20%E2%80%9Cspot%20bills%E2%80%9D-blank%20bills%20with%20an%20assigned%20number%20but%20no%20substance-to%20take%20advantage%20of%20exceptions%20to%20the%202%2F3%20vote%20requirement%20needed%20to%20approve%20appropriations%20and%20have%20them%20take%20effect%20immediately%2C%20contained%20in%202010%E2%80%B2s%20Proposition%2025.%20%20Nielsen%20Merksamer%20filed%20a%20friend%20of%20the%20court%20brief%20on%20behalf%20of%20the%20California%20Chamber%20of%20Commerce%2C%20supporting%20the%20successful%20legal%20challenge.%0A%0A%20%20%20%20Prior%20to%20the%20adoption%20of%20Proposition%2025%20in%202010%2C%20all%20appropriations%20were%20required%20to%20be%20passed%20by%20a%202%2F3%20vote%20of%20both%20houses%20of%20the%20Legislature.%20And%20a%202%2F3%20vote%20was%20required%20to%20adopt%20legislation%20that%20would%20take%20effect%20immediately%3B%20otherwise%2C%20such%20legislation%20takes%20effect%20on%20January%201%20of%20the%20year%20following%20that%20in%20which%20the%20bill%20is%20adopted.%20Proposition%2025%20provided%20exceptions%20to%20these%20rules%20for%20the%20annual%20Budget%20Bill%20and%20for%20%E2%80%9Cother%20bills%20providing%20for%20appropriations%20related%20to%20the%20Budget%20Bill.%E2%80%9D%0A%0A%20%20%20%20In%202012%2C%20the%20Budget%20Bill%20enacted%20on%20June%2015%20listed%20a%20number%20of%20bills%20by%20number%2C%20and%20designated%20them%20as%20%E2%80%9Cbills%20providing%20for%20appropriations%20related%20to%20the%20budget%20bill%2C%E2%80%9D%20but%20those%20bills%20were%20spot%20bills%20and%20contained%20no%20substance.%20Ten%20days%20after%20the%20Budget%20Bill%20took%20effect%2C%20one%20of%20those%20blank%20bills%20%28AB%201499%29%20was%20used%20to%20amend%20the%20Elections%20Code%20to%20change%20the%20order%20in%20which%20statewide%20ballot%20measures%20would%20be%20listed%20on%20the%20ballot%2C%20so%20that%20Governor%20Brown%E2%80%99s%20tax%20measure%20would%20be%20listed%20first.%20Being%20listed%20before%20other%2C%20competing%20tax%20measures%20was%20viewed%20as%20critical%20to%20the%20measure%E2%80%99s%20success.%20AB%201499%20was%20enacted%20by%20less%20than%20a%202%2F3%20vote%20of%20the%20Legislature.%0A%0A%20%20%20%20The%20Howard%20Jarvis%20Taxpayer%20Association%2C%20an%20opponent%20of%20Proposition%2030%2C%20filed%20a%20lawsuit%20in%20the%20Sacramento%20Superior%20Court%2C%20challenging%20the%20validity%20of%20AB%201499%2C%20as%20a%20violation%20of%20the%202%2F3%20vote%20requirements%2C%20and%20seeking%20an%20order%20precluding%20the%20Secretary%20of%20State%20from%20placing%20Proposition%2030%20in%20a%20preferred%20position%20at%20the%20top%20of%20the%20ballot.%20The%20Superior%20Court%20rejected%20the%20challenge%2C%20and%20the%20Court%20of%20Appeal%20declined%20to%20hear%20the%20case%20on%20an%20emergency%20basis%2C%20so%20the%20November%202012%20election%20was%20conducted%20using%20the%20ballot%20order%20prescribed%20by%20AB%201499.%0A%0A%20%20%20%20While%20the%20Court%20of%20Appeal%20dec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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
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    "Colorado: Embattled Teller County Clerk & Recorder facing
    bi-partisan recall effort" <http://electionlawblog.org/?p=46462>

Posted on January 23, 2013 7:58 am <http://electionlawblog.org/?p=46462> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Unusual 
<http://recallelections.blogspot.com/2013/01/colorado-embattled-teller-county-clerk.html>.

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oter%20Registration%20Act%2C%20which%20has%20the%20purpose%20of%20streamlining%20the%20registration%20process%20and%20prohibits%20unnecessary%20obstacles%20to%20voter%20registration.%E2%80%9D%0AShare%0APosted%20in%20election%20administration%2C%20voter%20registration%09%7C%20Comments%20Off%0APoliticians%20as%20Fiduciaries%0APosted%20on%20January%2022%2C%202013%201%3A13%20pm%20by%20Rick%20Hasen%0A%0AThe%20final%20version%20of%20Teddy%20Rave%E2%80%99s%20article%20%28about%20which%20I%20blogged%20here%29%20has%20now%20posted%20at%20the%20Harvard%20Law%20Review%20website.%0AShare%0APosted%20in%20redistricting%2C%20theory%09%7C%20Comments%20Off%0A%E2%80%9CCourt%20of%20Appeal%20Rules%20Legislature%20Violated%20The%20Constitution%20Last%20Fall%20When%20It%20Passed%20a%20Spot%20Bill%20To%20Put%20The%20Governor%E2%80%99s%20Tax%20Measure%20At%20The%20Top%20Of%20The%20Ballot%20%E2%80%9C%0APosted%20on%20January%2022%2C%202013%201%3A07%20pm%20by%20Rick%20Hasen%0A%0AThe%20following%20press%20release%20from%20Nielsen%20Merksamer%20arrived%20via%20email%3A%0A%0A%20%20%20%20Court%20of%20Appeal%20Rules%20Legislature%20Violated%20The%20Constitution%20Last%20Fall%20When%20It%20Passed%20a%20Spot%20Bill%20To%20Put%20The%20Governor%E2%80%99s%20Tax%20Measure%20At%20The%20Top%20Of%20The%20Ballot%0A%0A%20%20%20%20CONCLUDES%20THE%20ELECTORATE%20DID%20NOT%20MEAN%20TO%20%E2%80%9CCREATE%20SUCH%20A%20TRANSPARENT%20LOOPHOLE%20IN%20THE%20BUDGETING%20PROCESS%E2%80%9D%20IN%20ADOPTING%20PROP.%2025%0A%0A%20%20%20%20%20Last%20Friday%20afternoon%20the%20California%20Court%20of%20Appeal%20in%20Sacramento%20unanimously%20concluded%20the%20Legislature%20acted%20illegally%20when%20it%20passed%20the%20state%20budget%2C%20and%20then%20used%20what%20is%20known%20as%20a%20spot%20bill%20to%20pass%20a%20statute%20by%20majority%20vote%20placing%20the%20Governor%E2%80%99s%20tax%20measure%2C%20Proposition%2030%2C%20in%20a%20preferred%20position%20at%20the%20top%20of%20the%20statewide%20ballot.%20In%20doing%20so%2C%20the%20Court%20rejected%20the%20Legislature%E2%80%99s%20use%20of%20%E2%80%9Cspot%20bills%E2%80%9D-blank%20bills%20with%20an%20assigned%20number%20but%20no%20substance-to%20take%20advantage%20of%20exceptions%20to%20the%202%2F3%20vote%20requirement%20needed%20to%20approve%20appropriations%20and%20have%20them%20take%20effect%20immediately%2C%20contained%20in%202010%E2%80%B2s%20Proposition%2025.%20%20Nielsen%20Merksamer%20filed%20a%20friend%20of%20the%20court%20brief%20on%20behalf%20of%20the%20California%20Chamber%20of%20Commerce%2C%20supporting%20the%20successful%20legal%20challenge.%0A%0A%20%20%20%20Prior%20to%20the%20adoption%20of%20Proposition%2025%20in%202010%2C%20all%20appropriations%20were%20required%20to%20be%20passed%20by%20a%202%2F3%20vote%20of%20both%20houses%20of%20the%20Legislature.%20And%20a%202%2F3%20vote%20was%20required%20to%20adopt%20legislation%20that%20would%20take%20effect%20immediately%3B%20otherwise%2C%20such%20legislation%20takes%20effect%20on%20January%201%20of%20the%20year%20following%20that%20in%20which%20the%20bill%20is%20adopted.%20Proposition%2025%20provided%20exceptions%20to%20these%20rules%20for%20the%20annual%20Budget%20Bill%20and%20for%20%E2%80%9Cother%20bills%20providing%20for%20appropriations%20related%20to%20the%20Budget%20Bill.%E2%80%9D%0A%0A%20%20%20%20In%202012%2C%20the%20Budget%20Bill%20enacted%20on%20June%2015%20listed%20a%20number%20of%20bills%20by%20number%2C%20and%20designated%20them%20as%20%E2%80%9Cbills%20providing%20for%20appropriations%20related%20to%20the%20budget%20bill%2C%E2%80%9D%20but%20those%20bills%20were%20spot%20bills%20and%20contained%20no%20substance.%20Ten%20days%20after%20the%20Budget%20Bill%20took%20effect%2C%20one%20of%20those%20blank%20bills%20%28AB%201499%29%20was%20used%20to%20amend%20the%20Elections%20Code%20to%20change%20the%20order%20in%20which%20statewide%20ballot%20measures%20would%20be%20listed%20on%20the%20ballot%2C%20so%20that%20Governor%20Brown%E2%80%99s%20tax%20measure%20would%20be%20listed%20first.%20Being%20listed%20before%20other%2C%20competing%20tax%20measures%20was%20viewed%20as%20critical%20to%20the%20measure%E2%80%99s%20success.%20AB%201499%20was%20enacted%20by%20less%20than%20a%202%2F3%20vote%20of%20the%20Legislature.%0A%0A%20%20%20%20The%20Howard%20Jarvis%20Taxpayer%20Association%2C%20an%20opponent%20of%20Proposition%2030%2C%20filed%20a%20lawsuit%20in%20the%20Sacramento%20Superior%20Court%2C%20challenging%20the%20validity%20of%20AB%201499%2C%20as%20a%20violation%20of%20the%202%2F3%20vote%20requirements%2C%20and%20seeking%20an%20order%20precluding%20the%20Secretary%20of%20State%20from%20placing%20Proposition%2030%20in%20a%20preferred%20position%20at%20the%20top%20of%20the%20ballot.%20The%20Superior%20Court%20rejected%20the%20challenge%2C%20and%20the%20Court%20of%20Appeal%20declined%20to%20hear%20the%20case%20on%20an%20emergency%20basis%2C%20so%20the%20November%202012%20election%20was%20conducted%20using%20the%20ballot%20order%20prescribed%20by%20AB%201499.%0A%0A%20%20%20%20While%20the%20Court%20of%20Appeal%20declined%20to%20issue%20an%20expedited%20decision%20in%20the%20case%2C%20it%20ordered%20full%20briefing%20and%20argument%2C%20and%20last%20Friday%20afternoon%20issued%20a%20ruling%20that%20the%20Legislature%20had%20acted%20unconstitutionally%20in%20passing%20AB1499.%20The%20Court%20ruled%20that%20for%20a%20bill%20to%20be%20%E2%80%9Crelated%20to%20the%20budget%20bill%E2%80%9D%20within%20the%20meaning%20of%20Proposition%2025%2C%20it%20must%20%E2%80%9Cbe%20identified%20at%20the%20time%20the%20budget%20bill%20is%20passed%20by%20the%20Legislature.%E2%80%9D%20%20The%20ruling%20goes%20on%20to%20say%20that%2C%20to%20be%20so%20identified%20within%20the%20meaning%20of%20California%E2%80%99s%20Constitution%2C%20the%20trailer%20bill%20must%20%E2%80%9Cpinpoint%20the%20idea%20or%20concept%20%5Bof%20the%20bill%5D%20at%20the%20time%20the%20budget%20is%20passed.%E2%80%9D%20%20In%20other%20words%2C%20the%20bill%20must%20contain%20a%20%E2%80%9C%E2%80%98draft%20of%20a%20proposed%20law%20presented%20for%20approval%20to%20the%20legislative%20body%E2%80%99%E2%80%9D%20and%20must%20include%20an%20appropriation.%20%20An%20empty%20spot%20bill%20does%20not%20satisfy%20this%20constitutional%20requirement.%0A%0A%20%20%20%20The%20Court%20of%20Appeal%20opinion%20signals%20that%20the%20courts%20will%20carefully%20review%20legislative%20action%20to%20determine%20whether%20or%20not%20it%20complies%20with%20Proposition%2025.%0A%0A%20%20%20%20The%20case%20is%20Howard%20Jarvis%20Taxpayers%20Assn.%20v.%20Bowen%2C%20Case%20No.%20C071506%20%28Cal.%20Ct.%20App.%203d%20Dist.%20Jan.%2018%2C%202013%29.%0A%0A%20%20%20%20The%20opinion%20can%20be%20found%20online%20here.%0A%0AShare%0APosted%20in%20legislation%20and%20legislatures%09%7C%20Comments%20Off%0A%E2%80%9CPresident%20Obama%20Opts%20for%20%E2%80%98The%20Ends%20Justify%20the%20Means%2C%E2%80%99%20Where%20%E2%80%98Means%E2%80%99%20Creates>
Posted in election administration <http://electionlawblog.org/?cat=18>, 
recall elections <http://electionlawblog.org/?cat=11> | Comments Off


    "Reid: Election Bill Among Top Priorities; Details of Measure Still
    Being Discussed" <http://electionlawblog.org/?p=46460>

Posted on January 23, 2013 7:56 am <http://electionlawblog.org/?p=46460> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Bloomberg BNA 
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=29223465&vname=mpebulallissues&jd=a0d6c8p0a4&split=0>: 
"Senate Majority Leader Harry Reid (D-Nev.) indicated Jan. 22 that new 
legislation dealing with campaign finance and election reform issues 
would be among his top priorities in the 113th Congress. Reid provided 
no details, however, about specific provisions of a new measure called 
the Clean and Fair Elections Act, which was No. 9 on a list of top 10 
bills for the new Congress released by his office...Veteran campaign 
reformer Fred Wertheimer told BNA Jan. 22 that he had been in touch with 
Reid's office and believed the measure being put forward by the majority 
leader would include provisions to increase disclosure of campaign 
spending, as well as something addressing improvements in election 
administration. Wertheimer said details of the proposal are still being 
discussed, but it does not include more controversial proposals to 
provide for more public financing of election campaigns."

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
election administration <http://electionlawblog.org/?cat=18>, The Voting 
Wars <http://electionlawblog.org/?cat=60> | Comments Off


    "Gov. Cuomo's Megabucks" <http://electionlawblog.org/?p=46457>

Posted on January 23, 2013 7:50 am <http://electionlawblog.org/?p=46457> 
by Rick Hasen <http://electionlawblog.org/?author=3>

NYT editorial 
<http://www.nytimes.com/2013/01/22/opinion/gov-cuomos-megabucks.html?_r=2&>.

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    "On Voting, Listen to John Lewis" <http://electionlawblog.org/?p=46454>

Posted on January 23, 2013 7:41 am <http://electionlawblog.org/?p=46454> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Michael Waldman has written this oped 
<http://blogs.reuters.com/great-debate/2013/01/22/on-voting-listen-to-john-lewis/> 
for Reuters.

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


    "Study Suggests 201,000 Florida Voters Abandoned Long 2012 Lines"
    <http://electionlawblog.org/?p=46451>

Posted on January 23, 2013 7:29 am <http://electionlawblog.org/?p=46451> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Doug Chapin 
<http://blog.lib.umn.edu/cspg/electionacademy/2013/01/study_suggests_201000_florida.php> 
on Professor Ted Allen's study. Dan Smith has some issues 
<https://twitter.com/electionsmith/status/294026665548451840> with the 
study.

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


    "Virginia Redistricting Plan 'Shameful,' Says State Sen. Henry
    Marsh" <http://electionlawblog.org/?p=46448>

Posted on January 22, 2013 3:13 pm <http://electionlawblog.org/?p=46448> 
by Rick Hasen <http://electionlawblog.org/?author=3>

HuffPo 
<http://www.huffingtonpost.com/2013/01/22/virginia-redistricting_n_2528519.html?utm_hp_ref=dc>: 
"If Gov. Bob McDonnell (R) signs off on the changes, the feds could look 
at whether the Republicans' decision to schedule the vote in Marsh's 
absence demonstrates the redistricting plan was racially motivated. 
McDonnell told reporters on Tuesday the state Senate's Monday vote 
wasn't "a good way to do business 
<http://news.fredericksburg.com/on-politics/2013/01/22/mcdonnell-displeased-with-gop-redistricting-push/>," 
but did not say whether he would sign the legislation."

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


    "Amicus Brief, Arizona v. Inter Tribal Council of Arizona"
    <http://electionlawblog.org/?p=46445>

Posted on January 22, 2013 1:15 pm <http://electionlawblog.org/?p=46445> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Demos 
<http://www.demos.org/publication/amicus-brief-arizona-v-inter-tribal-council-arizona>: 
"Today, Demos and O'Melveny and Myers LLP filed an amicus curiae brief 
<http://www.demos.org/sites/default/files/publications/Arizona_Amicus_Brief.pdf>in 
the U.S. Supreme Court in support of respondents in Arizona v. Inter 
Tribal Council of Arizona (No. 12-71) on behalf of community-based voter 
registration organizations Rock the Vote, the National Association for 
the Advancement of Colored People ("NAACP"), Border Action Network, Fair 
Share Alliance and Fair Share Alliance Education Fund, Mi Familia Vota, 
the National Coalition on Black Civic Participation, Nonprofit VOTE, 
People for the American Way Foundation, Promise Arizona and Promise 
Arizona in Action, Protecting Arizona's Family Coalition, Virginia New 
Majority, and Voto Latino.  The brief urges the Court to strike down the 
portion of Arizona Proposition 200 that requires documentary proof of 
citizenship to accompany any voter registration application, even when 
applicants have attested to citizenship under oath. Arizona's law 
directly conflicts with the federal National Voter Registration Act, 
which has the purpose of streamlining the registration process and 
prohibits unnecessary obstacles to voter registration."

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
voter registration <http://electionlawblog.org/?cat=37> | Comments Off


    Politicians as Fiduciaries <http://electionlawblog.org/?p=46443>

Posted on January 22, 2013 1:13 pm <http://electionlawblog.org/?p=46443> 
by Rick Hasen <http://electionlawblog.org/?author=3>

The final version of Teddy Rave's article (about which I blogged here 
<http://electionlawblog.org/?p=31595>) has now posted at the Harvard Law 
Review website 
<http://www.harvardlawreview.org/issues/126/january13/Article_9419.php>.

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Posted in redistricting <http://electionlawblog.org/?cat=6>, theory 
<http://electionlawblog.org/?cat=41> | Comments Off


    "Court of Appeal Rules Legislature Violated The Constitution Last
    Fall When It Passed a Spot Bill To Put The Governor's Tax Measure At
    The Top Of The Ballot " <http://electionlawblog.org/?p=46440>

Posted on January 22, 2013 1:07 pm <http://electionlawblog.org/?p=46440> 
by Rick Hasen <http://electionlawblog.org/?author=3>

The following press release from Nielsen Merksamer arrived via email:

    /*Court of Appeal Rules Legislature Violated The Constitution Last
    Fall When It Passed a Spot Bill To Put The Governor's Tax Measure At
    The Top Of The Ballot */

    *CONCLUDES THE ELECTORATE DID NOT MEAN TO "CREATE SUCH A TRANSPARENT
    LOOPHOLE IN THE BUDGETING PROCESS" IN ADOPTING PROP. 25*

    **Last Friday afternoon the California Court of Appeal in Sacramento
    unanimously concluded the Legislature acted illegally when it passed
    the state budget, and then used what is known as a spot bill to pass
    a statute by majority vote placing the Governor's tax measure,
    Proposition 30, in a preferred position at the top of the statewide
    ballot. In doing so, the Court rejected the Legislature's use of
    "spot bills"-blank bills with an assigned number but no substance-to
    take advantage of exceptions to the 2/3 vote requirement needed to
    approve appropriations and have them take effect immediately,
    contained in 2010?s Proposition 25.  Nielsen Merksamer filed a
    friend of the court brief on behalf of the California Chamber of
    Commerce, supporting the successful legal challenge.

    Prior to the adoption of Proposition 25 in 2010, all appropriations
    were required to be passed by a 2/3 vote of both houses of the
    Legislature. And a 2/3 vote was required to adopt legislation that
    would take effect immediately; otherwise, such legislation takes
    effect on January 1 of the year following that in which the bill is
    adopted. Proposition 25 provided exceptions to these rules for the
    annual Budget Bill and for "other bills providing for appropriations
    related to the Budget Bill."

    In 2012, the Budget Bill enacted on June 15 listed a number of bills
    by number, and designated them as "bills providing for
    appropriations related to the budget bill," but those bills were
    spot bills and contained no substance. Ten days after the Budget
    Bill took effect, one of those blank bills (AB 1499) was used to
    amend the Elections Code to change the order in which statewide
    ballot measures would be listed on the ballot, so that Governor
    Brown's tax measure would be listed first. Being listed before
    other, competing tax measures was viewed as critical to the
    measure's success. AB 1499 was enacted by less than a 2/3 vote of
    the Legislature.

    The Howard Jarvis Taxpayer Association, an opponent of Proposition
    30, filed a lawsuit in the Sacramento Superior Court, challenging
    the validity of AB 1499, as a violation of the 2/3 vote
    requirements, and seeking an order precluding the Secretary of State
    from placing Proposition 30 in a preferred position at the top of
    the ballot. The Superior Court rejected the challenge, and the Court
    of Appeal declined to hear the case on an emergency basis, so the
    November 2012 election was conducted using the ballot order
    prescribed by AB 1499.

    While the Court of Appeal declined to issue an expedited decision in
    the case, it ordered full briefing and argument, and last Friday
    afternoon issued a ruling that the Legislature had acted
    unconstitutionally in passing AB1499. The Court ruled that for a
    bill to be "related to the budget bill" within the meaning of
    Proposition 25, it must "be identified at the time the budget bill
    is passed by the Legislature."  The ruling goes on to say that, to
    be so identified within the meaning of California's Constitution,
    the trailer bill must "pinpoint the idea or concept [of the bill] at
    the time the budget is passed."  In other words, the bill must
    contain a "'draft of a proposed law presented for approval to the
    legislative body'" and must include an appropriation.  An empty spot
    bill does not satisfy this constitutional requirement.

    The Court of Appeal opinion signals that the courts will carefully
    review legislative action to determine whether or not it complies
    with Proposition 25.

    The case is /Howard Jarvis Taxpayers Assn. v. Bowen/, Case No.
    C071506 (Cal. Ct. App. 3d Dist. Jan. 18, 2013).

    The opinion can be found online here
    <http://r20.rs6.net/tn.jsp?e=001jiqLRBo4Ft5PUqZhPyrJC8JMUyNmkDgHGB4nxRvK2Wh8mKjeFw7Me6-zTxRWlZjiK2gKTz54h2LGHeF3xIp9m3gAbpty09D169BpJPBuU6kJMUs2NNhPixCU83p0cTO0wpJtgC6G9Hg7H3HCSy9K92hv_bxvAFX20ozCQnUGCVbpOKH2BYiTlKemHeqDu47bZ9NN5_JyMEadOv3jj0mvLosnFZexIIKYzXWjXiONyDEopPu1dmFV6opfGaLBAQk-UI1QmKH9nUX1icicT32vgViTOoCxKzmu>.

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


    "President Obama Opts for 'The Ends Justify the Means,' Where
    'Means' Creates Potential for Government Corruption"
    <http://electionlawblog.org/?p=46436>

Posted on January 22, 2013 1:01 pm <http://electionlawblog.org/?p=46436> 
by Rick Hasen <http://electionlawblog.org/?author=3>

The following statement arrived via email:

    *Statement by Democracy 21 President Fred Wertheimer*

    President Obama has set out on a dangerous and unprecedented path as
    he begins his second term in office.

    The President and his political allies are creating a section
    501(c)(4) tax-exempt organization, Organizing for Action. It will be
    governed and run by some of the President's closest political
    operatives.

    The new organization has the stated purpose of advocating the
    President's agenda and will accept unlimited contributions from
    corporations and individuals to pursue this goal. As far as I know,
    this is the first time a President has outsourced an important
    responsibility of his presidency to a private sector organization
    that is financed by unlimited private funds and that is, in effect,
    operating as an arm of the presidency.

    In taking this step, the President has opted for "the ends justify
    the means" approach that is fraught with danger. It opens the door
    to opportunities for government corruption, by allowing corporations
    and individuals to provide unlimited amounts of money to directly
    benefit the President's interests and potentially to receive
    government benefits and favors in return.

    This action by the President also represents the last stage in an
    apparent remarkable transformation in President Obama's views
    regarding the role of corporate money in the American political process.

    Following the Supreme Court's disastrous decision in the /Citizen
    United/ case that overturned the longstanding federal prohibition on
    corporate spending to influence federal campaigns, President Obama
    aptly stated:

    With its ruling today, the Supreme Court has given a green light to
    a new stampede of special interest money in our politics. It is a
    major victory for big oil, Wall Street banks, health insurance
    companies and the other powerful interests that marshal their power
    every day in Washington to drown out the voices of everyday Americans.

    In making this statement, President Obama clearly recognized the
    dangers of allowing corporations to use their funds to buy influence
    over government decisions and federal officeholders.

    But now with his decision to allow corporations to fund the new
    organization that will operate as an arm of his presidency,
    President Obama "has given a green light to a new stampede of
    special interest money" to directly benefit his presidency. And the
    President has provided a "major" opportunity for "big oil, Wall
    Street banks, health insurance companies and other powerful
    interests" to provide direct financial resources to support the
    President's interests.

    Indeed, according to an article in /Politico/, the President "may
    personally fundraise on behalf of the group."  Thus, the President
    may personally solicit huge contributions from corporations and
    wealthy donors for Organizing for Action, a step that would threaten
    to inject the President personally and directly into the potential
    exchange of large donations for governmental favors or the
    appearance of such potential exchanges.

    This would take President Obama about as far away as he could
    possibly get from the goal he set in 2008 to "change the way
    business is done in Washington."

    In late 2008 and 2009, the President had previously recognized the
    danger of taking corporate money when his Inauguration Committee
    refused to accept funds from corporations to pay for his first
    Inaugural.

    And the President also initially recognized the same dangers when a
    policy was established by the DNC to prohibit corporations from
    paying for the costs of the 2012 Democratic nominating convention.
    That policy was later abandoned, however, and the Democratic Party
    ended up accepting $20 million from corporations to pay for the 2012
    nominating convention including gifts from Bank of America and Wells
    Fargo and Co, according to Bloomberg News.

    Then, following his 2012 election, President Obama reversed the
    position he had taken for his first Inaugural and allowed
    corporations to contribute to finance his second Inaugural events.
    What the President thought was wrong in 2008, all of the sudden
    became acceptable in 2012, at a point where he would never have to
    face voters again.

    As a result, among other corporations, ExxonMobil, which certainly
    qualifies as "big oil," contributed $250,000 to the Obama
    Inauguration Committee, according to /The Hill/, a contribution that
    directly benefited the President's interests.

    Corporations have a responsibility to their shareholders to invest
    their resources to advance their corporate economic interests. They
    are not in the business of making eleemosynary contributions, but
    rather seek economic returns on their investments.

    History is quite clear that unlimited funds provided to benefit an
    officeholder or candidate create the opportunity for corruption or
    the appearance of corruption. And that is the opportunity being
    created with the establishment of Organizing for Action by the
    President and his political allies.

    President Obama would no doubt say that his policies are not going
    to be influenced by any contribution made by a corporation to
    Organizing for Action. But that is the unacceptable defense that
    almost every officeholder gives and it is not sufficient to protect
    citizens against large amounts of corporate money buying influence
    over government decisions.

    And while Organizing for Action says it will voluntarily disclose
    its donors, we are left to trust the organization that it will do so
    fully, accurately and on a timely basis. In any event, disclosure,
    while very important, does not prevent influence buying. There is no
    reason to believe that the $100 million that Sheldon Adelson
    reportedly gave to influence the 2012 national elections, much of
    which was disclosed, has not created the potential for buying
    influence over government policies with the political party and
    winners he supported, or at least created the potential appearance
    of such influence buying.

    Organizing for Action also says it won't take money from PACs and
    lobbyists. This is an irrelevant obfuscation. It doesn't matter if
    you are not taking money from PACs or lobbyists when you are taking
    money from the corporations they represent.

    President Obama should shut down Organizing for Action now before it
    creates the appearance of influence buying and/or scandals for the
    second term of his Administration.

    As long as Organizing for Action exists, however, Democracy 21 will
    closely monitor its activities to determine whether the "issue ads"
    it says it plans to run, as well as its other activities, comply
    with its proposed tax-exempt status as a section 501(c)(4) "social
    welfare" organization.

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    Lots of Law Students Writing Notes on Election Law
    <http://electionlawblog.org/?p=46433>

Posted on January 22, 2013 10:59 am 
<http://electionlawblog.org/?p=46433> by Rick Hasen 
<http://electionlawblog.org/?author=3>

TaxProf reports 
<http://taxprof.typepad.com/taxprof_blog/2013/01/where-have-all.html> 
(h/t Derek Muller 
<https://twitter.com/derektmuller/status/293792449418113026>).

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Posted in pedagogy <http://electionlawblog.org/?cat=23> | Comments Off


    "In the Fight for Secrecy, Are the Koch Brothers Like Rosa Parks?"
    <http://electionlawblog.org/?p=46430>

Posted on January 22, 2013 10:54 am 
<http://electionlawblog.org/?p=46430> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Brendan Fischer blogs 
<http://www.prwatch.org/news/2013/01/11946/fight-secrecy-are-koch-brothers-rosa-parks>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "Reid to lay out plans for filibuster reform"
    <http://electionlawblog.org/?p=46427>

Posted on January 22, 2013 8:17 am <http://electionlawblog.org/?p=46427> 
by Rick Hasen <http://electionlawblog.org/?author=3>

The Hill 
<http://thehill.com/homenews/senate/278419-reid-to-lay-out-plans-for-filibuster-reform>: 
"Senate Majority Leader Harry Reid (D-Nev.) will present colleagues with 
options for reforming the Senate's filibuster rules in a Democratic 
caucus meeting Tuesday. Reid and Senate Republican Leader Mitch 
McConnell (Ky.) are close to reaching a deal to speed the pace of work 
in the Senate, but some of the details remain unresolved."

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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


    "Assertion is Not Proof: Ohio to Put Voter Fraud Hearings on the
    Record" <http://electionlawblog.org/?p=46424>

Posted on January 22, 2013 8:08 am <http://electionlawblog.org/?p=46424> 
by Rick Hasen <http://electionlawblog.org/?author=3>

A ChapinBlog 
<http://blog.lib.umn.edu/cspg/electionacademy/2013/01/assertion_is_not_proof_ohio_to.php>.

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


    "For top donors, inauguration means access, influence and angling
    for next big job" <http://electionlawblog.org/?p=46422>

Posted on January 22, 2013 8:07 am <http://electionlawblog.org/?p=46422> 
by Rick Hasen <http://electionlawblog.org/?author=3>

WaPo reports. 
<http://www.washingtonpost.com/national/inauguration/for-top-donors-inauguration-means-access-influence-and-angling-for-next-big-job/2013/01/19/4082a184-60d7-11e2-a389-ee565c81c565_story.html?tid=pm_pop>

<http://www.washingtonpost.com/national/inauguration/for-top-donors-inauguration-means-access-influence-and-angling-for-next-big-job/2013/01/19/4082a184-60d7-11e2-a389-ee565c81c565_story.html?tid=pm_pop> 

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
campaigns <http://electionlawblog.org/?cat=59>, conflict of interest 
laws <http://electionlawblog.org/?cat=20> | Comments Off


    "Creating a Modern Voting System for All Americans"
    <http://electionlawblog.org/?p=46420>

Posted on January 22, 2013 8:06 am <http://electionlawblog.org/?p=46420> 
by Rick Hasen <http://electionlawblog.org/?author=3>

The Brennan Center will hold this event 
<http://www.brennancenter.org/content/event/creating_a_modern_voting_system_for_all_americans/> 
in DC on Thursday.

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    Ezra Klein on Filibuster Reform <http://electionlawblog.org/?p=46417>

Posted on January 21, 2013 8:24 pm <http://electionlawblog.org/?p=46417> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Important piece 
<http://www.newyorker.com/reporting/2013/01/28/130128fa_fact_klein> in 
/The New Yorker./ Klein quotes Tom Mann on why a half-measured reform 
would be worse than no reform: "You won't have fixed the Senate. But you 
will have further poisoned the environment."

A timely article, as filibuster reform happens tomorrow, or not 
<http://www.dailykos.com/story/2013/01/21/1180890/-Filibuster-reform-happens-tomorrow-or-not>.

Meanwhile, /The Onion/ reports: List of Politically Achievable Reforms 
Down to Just Three Changes in the Traffic Code 
<http://www.theonion.com/articles/list-of-politically-achievable-reforms-down-to-jus,30977/>. 
"At press time, legal scholars at the American Bar Association released 
a white paper contending that two of the three politically achievable 
reforms would be struck down as unconstitutional by the Supreme Court."

Good timing for the Is America Governable? 
<https://www.utexas.edu/law/conferences/governable/> conference.

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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


    "Va. Republicans push re-drawn district map through Senate"
    <http://electionlawblog.org/?p=46414>

Posted on January 21, 2013 8:14 pm <http://electionlawblog.org/?p=46414> 
by Rick Hasen <http://electionlawblog.org/?author=3>

WaPo 
<http://www.washingtonpost.com/local/va-politics/va-republicans-push-re-drawn-district-map-through-senate/2013/01/21/0277795c-6436-11e2-b84d-21c7b65985ee_story.html>: 
"Senate Republicans pushed a re-drawn state political map past 
flabbergasted Democrats on Monday, pulling off what would amount to a 
mid-decade redistricting of Senate lines if the plan gets approval from 
the House and governor and stands up to anticipated legal challenges. 
The bill, approved 20 to 19, would revamp the Senate map to concentrate 
minority voters in a new Southside district and would change most, if 
not all, existing district lines. Democrats, still scrambling Monday 
night to figure out the impact, said they thought that the new map would 
make at least five districts held by Democrats heavily Republican. The 
map puts two sitting senators, R. Creigh Deeds (D-Bath) and Emmett W. 
Hanger Jr. (R-Augusta), into a single district."TPM 
<http://talkingpointsmemo.com/archives/2013/01/a_footnote_to_the_virginia_senate_story.php?ref=fpblg>:

    As mentioned earlier, seizing on the absence of a Democratic senator
    who happens to be a veteran of the civil rights movement and was in
    Washington, on Martin Luther King, Jr. Day, for the second
    inauguration of the country's first black president, Republicans in
    the evenly split Virginia state Senate pushed through a surprise
    mid-decade redistricting plan
    <http://tpmdc.talkingpointsmemo.com/2013/01/republicans-dirty-trick-inauguration.php?ref=fpblg>
    to try to gain decisive control of the body in the next election.

    We're not done yet.

    At the end of this wild day, the "Senate adjourned in memory or
    (sic) General Thomas J. 'Stonewall' Jackson," according to the
    minutes
    <http://tpmdc.talkingpointsmemo.com/2013/01/republicans-dirty-trick-inauguration.php?ref=fpblg>
    of the session. Jan. 21 is the Confederate general's birthday.

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


    Quote of the Day <http://electionlawblog.org/?p=46411>

Posted on January 21, 2013 8:07 pm <http://electionlawblog.org/?p=46411> 
by Rick Hasen <http://electionlawblog.org/?author=3>

"Our journey is not complete until no citizen is forced to wait for 
hours to exercise the right to vote."

--President Obama 
<http://politicalwire.com/archives/2013/01/21/president_obamas_second_inaugural_address.html#052582a>, 
in his second inaugural address, doubling down on his "We have to fix 
that" comment on long lines at the polling place.

The /NY Times/ also reports that the President aims to work for "less 
restrictive voter identification laws" among other priorities for the 
second term.

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


    "Plea agreement reached in vote fraud case; Marshall to plead guilty
    to 3 charges related to absentee voting irregularities in 2010?
    <http://electionlawblog.org/?p=46408>

Posted on January 21, 2013 7:32 pm <http://electionlawblog.org/?p=46408> 
by Rick Hasen <http://electionlawblog.org/?author=3>

News 
<http://plaindealer-sun.com/main.asp?SectionID=3&SubSectionID=40&ArticleID=24245>from 
Indiana.

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Posted in absentee ballots <http://electionlawblog.org/?cat=53>, 
chicanery <http://electionlawblog.org/?cat=12>, election administration 
<http://electionlawblog.org/?cat=18> | Comments Off


    "Colorado Victory: Judge Rules for Voting Rights"
    <http://electionlawblog.org/?p=46405>

Posted on January 21, 2013 7:29 pm <http://electionlawblog.org/?p=46405> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Brennan Center 
<http://www.brennancenter.org/content/resource/colorado_victory_judge_rules_for_voting_rights>: 
"The voting rights of thousands of Colorado citizens were protected 
today as a state district court judge blocked Secretary of State Scott 
Gessler's controversial interpretation of Colorado's mail ballot 
election law. Under Sec. Gessler's reading of the law, county clerks 
could not mail ballots in elections conducted only by mail to voters who 
did not vote in the most recent general election. In effect, thousands 
of eligible voters --- including many longtime voters --- would not be 
able to vote unless they jumped through new and burdensome hurdles."

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Posted in absentee ballots <http://electionlawblog.org/?cat=53>, 
election administration <http://electionlawblog.org/?cat=18>, The Voting 
Wars <http://electionlawblog.org/?cat=60> | Comments Off


    "Benign Partisanship" <http://electionlawblog.org/?p=46402>

Posted on January 21, 2013 7:25 pm <http://electionlawblog.org/?p=46402> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Franita Tolson has posted this draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2199003> on SSRN 
(/Notre Dame Law Review/).  Here is the abstract:

    The Framers of the United States Constitution created our system of
    federalism based on the principle that political safeguards would
    protect the regulatory interests of the states from overreaching by
    the federal government. While many of these safeguards have since
    failed, others have emerged to insulate the states from an
    ever-expanding federal presence. One such safeguard is partisan
    gerrymandering, which allows states to draw legislative districts
    that reflect the partisan affiliation of a majority of the
    electorate, and in turn, send a delegation to Congress that is as
    ideologically cohesive as practicable. In making this argument, this
    Article corrects a basic misunderstanding in the political
    safeguards literature: that the Senate is the only chamber that the
    Framers constructed to protect state interests. In reality, a
    politically cohesive House delegation can ensure that the state's
    preferred policy preferences shape federal lawmaking.

    This Article also illustrates that, in the context of congressional
    redistricting, the legal scholarship's sole focus on ascertaining
    manageable judicial standards ignores the concerns about
    institutional legitimacy and judicially dictated political outcomes
    that are exacerbated by the federalism issues in this area. Despite
    the absence of standards, the broader structural implications of
    promoting "federalism-reinforcing" gerrymandering require the
    Supreme Court to craft rules that encourage the use of mid-decade
    redistricting and at-large voting schemes; that limit the authority
    of independent commissions to draw redistricting plans; and that
    promote strong state political parties, all of which will help
    preserve the states' ability to utilize the federalism benefits that
    flow from partisan redistricting.

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


    "THE CONGRESSIONAL BLACK CAUCUS, MINORITY VOTING RIGHTS, AND THE
    U.S. SUPREME COURT" <http://electionlawblog.org/?p=46400>

Posted on January 21, 2013 7:23 pm <http://electionlawblog.org/?p=46400> 
by Rick Hasen <http://electionlawblog.org/?author=3>

The Law and Politics Book Review offers this review 
<http://www.lpbr.net/2013/01/the-congressional-black-caucus-minority.html>.

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


    "Report Highlights Unexpected Results and Unequal Access to Early
    Voting in the 2012 Presidential Election Compared to 2008?
    <http://electionlawblog.org/?p=46398>

Posted on January 21, 2013 7:22 pm <http://electionlawblog.org/?p=46398> 
by Rick Hasen <http://electionlawblog.org/?author=3>

The following press release arrived via email:

    *Report Highlights Unexpected Results and Unequal Access to Early
    Voting in the 2012 Presidential Election Compared to 2008*

    /Advocates call on Ohio Legislature to change election rules to
    provide for diversity/

        A team led by Norman Robbins, Research Director, Northeast Ohio
    Voter Advocates, today reported
    <http://www.nova-ohio.org/analysis%20early-absentee%20voting%202012%20vers10%201-19-13.pdf>
    unexpected results on early in-person voting in the 2012
    Presidential election, highlighting both important similarities and
    important differences between Ohio's counties, which should be
    considered in new legislation.

       The study found that early in-person voting was almost equally
    popular in smaller rural and larger urban counties (counties with
    less than or greater than 100,000 total votes cast, respectively).
    This happened because smaller counties increased early voting by 33%
    from 2008 to 2012. Clearly, early in-person voting in Ohio is
    popular and here to stay.

        Not all news was good. During the last and only weekend of early
    voting in 2012, in-person voters had to wait 1 to 4 hours in most
    larger counties but less than a half hour in smaller counties. "This
    issue of unequal access for voters in different sized counties
    because of inflexible rules demands legislative correction", Robbins
    said.

        Another unexpected finding was that despite the mailing of
    applications for vote-by-mail ballots to all active voters in the
    state,  mail-in ballots as a percent of the total vote increased by
    only about 1% over that in 2008 (when only a few counties sent
    voters such applications).  Some counties, however, saw a
    modestincrease in voting by mail, and may have benefited from
    sending the applications.

        There was considerable fall-off in vote-by-mail and especially
    in early in-person voting in non-Presidential elections (2009-2011)
    compared to the Presidential elections of 2008 and 2012.

        In order to provide equal access to early voting, to respect
    differences in voting patterns and resources in different counties,
    and to acknowledge different turnout in Presidential and
    non-Presidential elections,  future legislation will need "uniform"
    formulas rather than inflexible "uniform" rules to provide for
    Ohio's diversity (as discussed in the report).

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


    "Democrat Ekes Out Senate Win" <http://electionlawblog.org/?p=46394>

Posted on January 20, 2013 8:48 pm <http://electionlawblog.org/?p=46394> 
by Rick Hasen <http://electionlawblog.org/?author=3>

18 vote victory 
<http://www.nytimes.com/2013/01/19/nyregion/cecilia-tkaczyk-democrat-ekes-out-win-in-republican-senate-district.html> 
out of 126,000 votes cast in NY Senate race.

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Posted in campaigns <http://electionlawblog.org/?cat=59>, election 
administration <http://electionlawblog.org/?cat=18> | Comments Off


    "Fiscal Footnote: Big Senate Gift to Drug Maker"
    <http://electionlawblog.org/?p=46392>

Posted on January 20, 2013 8:46 pm <http://electionlawblog.org/?p=46392> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Must read NYT 
<http://www.nytimes.com/2013/01/20/us/medicare-pricing-delay-is-political-win-for-amgen-drug-maker.html?ref=politics> 
on a big favor to AmGen buried in Congress's "fiscal cliff" bill.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
legislation and legislatures <http://electionlawblog.org/?cat=27>, 
lobbying <http://electionlawblog.org/?cat=28> | Comments Off


    "Obama campaign final fundraising total: $1.1 billion"
    <http://electionlawblog.org/?p=46389>

Posted on January 19, 2013 3:38 pm <http://electionlawblog.org/?p=46389> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Politico reports. 
<http://www.politico.com/story/2013/01/obama-campaign-final-fundraising-total-1-billion-86445.html?hp=l4>

<http://www.politico.com/story/2013/01/obama-campaign-final-fundraising-total-1-billion-86445.html?hp=l4> 


This is no surprise.  I believe I predicted Obama would reach a billion 
dollars for 2012 right after the 2008 election---even though the Obama 
campaign protested that it would not be able to raise a billion dollars 
during the 2012 election.

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "The Election Disaster That Wasn't; America's poorly designed
    ballots could have bungled the 2012 election. How we can fix them
    before 2016." <http://electionlawblog.org/?p=46384>

Posted on January 19, 2013 2:08 pm <http://electionlawblog.org/?p=46384> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Mark Vanhoenacker writes 
<http://www.slate.com/articles/arts/design/2013/01/ballot_design_america_s_elections_depend_on_confusing_badly_designed_ballots.html> 
for /Slate.
/There's also a great slide show 
<http://www.slate.com/slideshows/life/the-most-amazing-voting-ballots-from-around-the-world.html> 
of ballots from around the world.

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


    "Well-Trod Path: Political Donor to Ambassador"
    <http://electionlawblog.org/?p=46381>

Posted on January 19, 2013 2:05 pm <http://electionlawblog.org/?p=46381> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Interesting NYT report. 
<http://www.nytimes.com/2013/01/19/us/politics/well-trod-path-political-donor-to-ambassador.html?ref=politics&_r=0>

<http://www.nytimes.com/2013/01/19/us/politics/well-trod-path-political-donor-to-ambassador.html?ref=politics&_r=0> 

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


    7th Circuit Holds Oral Argument in Wisconsin Campaign Finance
    Disclosure Case <http://electionlawblog.org/?p=46378>

Posted on January 18, 2013 6:00 pm <http://electionlawblog.org/?p=46378> 
by Rick Hasen <http://electionlawblog.org/?author=3>
12-2915 
<http://www.ca7.uscourts.gov/fdocs/docs.fwx?caseno=12-2915&submit=showdkt> 
	Wisconsin Right to L v. David Deininger 	civil 	01/18/2013 	Oral 
Argument 
<http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=12-2915_001.mp3> 


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%20which%20has%20the%20purpose%20of%20streamlining%20the%20registration%20process%20and%20prohibits%20unnecessary%20obstacles%20to%20voter%20registration.%E2%80%9D%0AShare%0APosted%20in%20election%20administration%2C%20voter%20registration%09%7C%20Comments%20Off%0APoliticians%20as%20Fiduciaries%0APosted%20on%20January%2022%2C%202013%201%3A13%20pm%20by%20Rick%20Hasen%0A%0AThe%20final%20version%20of%20Teddy%20Rave%E2%80%99s%20article%20%28about%20which%20I%20blogged%20here%29%20has%20now%20posted%20at%20the%20Harvard%20Law%20Review%20website.%0AShare%0APosted%20in%20redistricting%2C%20theory%09%7C%20Comments%20Off%0A%E2%80%9CCourt%20of%20Appeal%20Rules%20Legislature%20Violated%20The%20Constitution%20Last%20Fall%20When%20It%20Passed%20a%20Spot%20Bill%20To%20Put%20The%20Governor%E2%80%99s%20Tax%20Measure%20At%20The%20Top%20Of%20The%20Ballot%20%E2%80%9C%0APosted%20on%20January%2022%2C%202013%201%3A07%20pm%20by%20Rick%20Hasen%0A%0AThe%20following%20press%20release%20from%20Nielsen%20Merksamer%20arrived%20via%20email%3A%0A%0A%20%20%20%20Court%20of%20Appeal%20Rules%20Legislature%20Violated%20The%20Constitution%20Last%20Fall%20When%20It%20Passed%20a%20Spot%20Bill%20To%20Put%20The%20Governor%E2%80%99s%20Tax%20Measure%20At%20The%20Top%20Of%20The%20Ballot%0A%0A%20%20%20%20CONCLUDES%20THE%20ELECTORATE%20DID%20NOT%20MEAN%20TO%20%E2%80%9CCREATE%20SUCH%20A%20TRANSPARENT%20LOOPHOLE%20IN%20THE%20BUDGETING%20PROCESS%E2%80%9D%20IN%20ADOPTING%20PROP.%2025%0A%0A%20%20%20%20%20Last%20Friday%20afternoon%20the%20California%20Court%20of%20Appeal%20in%20Sacramento%20unanimously%20concluded%20the%20Legislature%20acted%20illegally%20when%20it%20passed%20the%20state%20budget%2C%20and%20then%20used%20what%20is%20known%20as%20a%20spot%20bill%20to%20pass%20a%20statute%20by%20majority%20vote%20placing%20the%20Governor%E2%80%99s%20tax%20measure%2C%20Proposition%2030%2C%20in%20a%20preferred%20position%20at%20the%20top%20of%20the%20statewide%20ballot.%20In%20doing%20so%2C%20the%20Court%20rejected%20the%20Legislature%E2%80%99s%20use%20of%20%E2%80%9Cspot%20bills%E2%80%9D-blank%20bills%20with%20an%20assigned%20number%20but%20no%20substance-to%20take%20advantage%20of%20exceptions%20to%20the%202%2F3%20vote%20requirement%20needed%20to%20approve%20appropriations%20and%20have%20them%20take%20effect%20immediately%2C%20contained%20in%202010%E2%80%B2s%20Proposition%2025.%20%20Nielsen%20Merksamer%20filed%20a%20friend%20of%20the%20court%20brief%20on%20behalf%20of%20the%20California%20Chamber%20of%20Commerce%2C%20supporting%20the%20successful%20legal%20challenge.%0A%0A%20%20%20%20Prior%20to%20the%20adoption%20of%20Proposition%2025%20in%202010%2C%20all%20appropriations%20were%20required%20to%20be%20passed%20by%20a%202%2F3%20vote%20of%20both%20houses%20of%20the%20Legislature.%20And%20a%202%2F3%20vote%20was%20required%20to%20adopt%20legislation%20that%20would%20take%20effect%20immediately%3B%20otherwise%2C%20such%20legislation%20takes%20effect%20on%20January%201%20of%20the%20year%20following%20that%20in%20which%20the%20bill%20is%20adopted.%20Proposition%2025%20provided%20exceptions%20to%20these%20rules%20for%20the%20annual%20Budget%20Bill%20and%20for%20%E2%80%9Cother%20bills%20providing%20for%20appropriations%20related%20to%20the%20Budget%20Bill.%E2%80%9D%0A%0A%20%20%20%20In%202012%2C%20the%20Budget%20Bill%20enacted%20on%20June%2015%20listed%20a%20number%20of%20bills%20by%20number%2C%20and%20designated%20them%20as%20%E2%80%9Cbills%20providing%20for%20appropriations%20related%20to%20the%20budget%20bill%2C%E2%80%9D%20but%20those%20bills%20were%20spot%20bills%20and%20contained%20no%20substance.%20Ten%20days%20after%20the%20Budget%20Bill%20took%20effect%2C%20one%20of%20those%20blank%20bills%20%28AB%201499%29%20was%20used%20to%20amend%20the%20Elections%20Code%20to%20change%20the%20order%20in%20which%20statewide%20ballot%20measures%20would%20be%20listed%20on%20the%20ballot%2C%20so%20that%20Governor%20Brown%E2%80%99s%20tax%20measure%20would%20be%20listed%20first.%20Being%20listed%20before%20other%2C%20competing%20tax%20measures%20was%20viewed%20as%20critical%20to%20the%20measure%E2%80%99s%20success.%20AB%201499%20was%20enacted%20by%20less%20than%20a%202%2F3%20vote%20of%20the%20Legislature.%0A%0A%20%20%20%20The%20Howard%20Jarvis%20Taxpayer%20Association%2C%20an%20opponent%20of%20Proposition%2030%2C%20filed%20a%20lawsuit%20in%20the%20Sacramento%20Superior%20Court%2C%20challenging%20the%20validity%20of%20AB%201499%2C%20as%20a%20violation%20of%20the%202%2F3%20vote%20requirements%2C%20and%20seeking%20an%20order%20precluding%20the%20Secretary%20of%20State%20from%20placing%20Proposition%2030%20in%20a%20preferred%20position%20at%20the%20top%20of%20the%20ballot.%20The%20Superior%20Court%20rejected%20the%20challenge%2C%20and%20the%20Court%20of%20Appeal%20declined%20to%20hear%20the%20case%20on%20an%20emergency%20basis%2C%20so%20the%20November%202012%20election%20was%20conducted%20using%20the%20ballot%20order%20prescribed%20by%20AB%201499.%0A%0A%20%20%20%20While%20the%20Court%20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    "Full hearing on Texas redistricting appeal now not likely this
    term" <http://electionlawblog.org/?p=46376>

Posted on January 18, 2013 5:19 pm <http://electionlawblog.org/?p=46376> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Texas Redistricting 
<http://txredistricting.org/post/40866010029/full-hearing-on-texas-redistricting-appeal-now-not>: 
"...many observers have speculated that the high court has deferred 
deciding what to do with the Texas case until it decides in /Shelby Co. 
v. Holder/ whether section 5 of the Voting Rights Act remains 
constitutional....While waiting arguably makes sense, the challenge 
could become having to quickly draw remedial maps if section 5 is upheld 
-- since a decision in the/Shelby Co./ case very likely might not come 
until late June.  Any changes to the maps would require redrawing 
precinct lines and a number of other technical steps, and the countdown 
to the filing date for the Texas primary starts in September."

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Posted in redistricting <http://electionlawblog.org/?cat=6>, Supreme 
Court <http://electionlawblog.org/?cat=29>, Voting Rights Act 
<http://electionlawblog.org/?cat=15> | Comments Off


    Crossroads GPS WAS 4th Largest Campaign TV Advertiser in 2012
    <http://electionlawblog.org/?p=46373>

Posted on January 18, 2013 4:10 pm <http://electionlawblog.org/?p=46373> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Peter Overby 
<http://www.npr.org/2013/01/18/169739322/obamas-campaign-turned-advocacy-group-raises-questions-about-money> 
offers this nugget in his  NPR report on OFA's new 501c4.

Share 
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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


    OFA 501c4 to Accept Corporate, But Not PAC, Donations; Extent of
    Donation Disclosure Unclear <http://electionlawblog.org/?p=46370>

Posted on January 18, 2013 4:03 pm <http://electionlawblog.org/?p=46370> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Politico reports 
<http://www.politico.com/story/2013/01/obama-embraces-secret-money-playbook-86410_Page2.html>.

Still unresolved is whether the new 501c4 will disclose the amount of 
donations and how often it will disclose.

President Obama needs to get out in front of this now and announce full 
and frequent voluntary disclosure.

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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


    "NRCC Targets Foreshadow Power of Partisanship in 2014 Elections"
    <http://electionlawblog.org/?p=46367>

Posted on January 18, 2013 3:08 pm <http://electionlawblog.org/?p=46367> 
by Rick Hasen <http://electionlawblog.org/?author=3>

FairVote 
<http://www.fairvote.org/nrcc-targets-foreshadow-power-of-partisanship-in-2014-elections#.UPnVRejOalg>: 
"A memo from the National Republican Congressional Committee obtained by 
the /National Journal/ 
<http://www.nationaljournal.com/daily/exclusive-gop-targets-seven-house-democrats-it-calls-vulnerable-20130116> Wednesday 
identifies seven Democratic Members of Congress as the primary targets 
for an expanded Republican majority in 2014: Mike McIntyre, Jim 
Matheson, Nick Rahall, John Barrow, Collin Peterson, Ann Kirkpatrick, 
and Ron Barber. It is no coincidence that those seven representatives 
also happen to be representing the seven most Republican districts 
currently controlled by Democrats, according to FairVote's partisanship 
index."

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Posted in campaigns <http://electionlawblog.org/?cat=59>, political 
parties <http://electionlawblog.org/?cat=25>, political polarization 
<http://electionlawblog.org/?cat=68> | Comments Off


    Linda Greenhouse Talks About the Shelby County Voting Rights Case
    <http://electionlawblog.org/?p=46363>

Posted on January 18, 2013 2:12 pm <http://electionlawblog.org/?p=46363> 
by Rick Hasen <http://electionlawblog.org/?author=3>

At this Zocalo event yesterday 
<http://www.zocalopublicsquare.org/category/events/video-archive/?postId=44086>, 
moderated by my colleague Henry Weinstein, around the 14:30 minute mark. 
She predicts that the Court will say the coverage formula is outdated 
and unconstitutional.  Striking down the coverage formula would let the 
Court strike down the Act "without its fingerprints on it."

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%20the%20purpose%20of%20streamlining%20the%20registration%20process%20and%20prohibits%20unnecessary%20obstacles%20to%20voter%20registration.%E2%80%9D%0AShare%0APosted%20in%20election%20administration%2C%20voter%20registration%09%7C%20Comments%20Off%0APoliticians%20as%20Fiduciaries%0APosted%20on%20January%2022%2C%202013%201%3A13%20pm%20by%20Rick%20Hasen%0A%0AThe%20final%20version%20of%20Teddy%20Rave%E2%80%99s%20article%20%28about%20which%20I%20blogged%20here%29%20has%20now%20posted%20at%20the%20Harvard%20Law%20Review%20website.%0AShare%0APosted%20in%20redistricting%2C%20theory%09%7C%20Comments%20Off%0A%E2%80%9CCourt%20of%20Appeal%20Rules%20Legislature%20Violated%20The%20Constitution%20Last%20Fall%20When%20It%20Passed%20a%20Spot%20Bill%20To%20Put%20The%20Governor%E2%80%99s%20Tax%20Measure%20At%20The%20Top%20Of%20The%20Ballot%20%E2%80%9C%0APosted%20on%20January%2022%2C%202013%201%3A07%20pm%20by%20Rick%20Hasen%0A%0AThe%20following%20press%20release%20from%20Nielsen%20Merksamer%20arrived%20via%20email%3A%0A%0A%20%20%20%20Court%20of%20Appeal%20Rules%20Legislature%20Violated%20The%20Constitution%20Last%20Fall%20When%20It%20Passed%20a%20Spot%20Bill%20To%20Put%20The%20Governor%E2%80%99s%20Tax%20Measure%20At%20The%20Top%20Of%20The%20Ballot%0A%0A%20%20%20%20CONCLUDES%20THE%20ELECTORATE%20DID%20NOT%20MEAN%20TO%20%E2%80%9CCREATE%20SUCH%20A%20TRANSPARENT%20LOOPHOLE%20IN%20THE%20BUDGETING%20PROCESS%E2%80%9D%20IN%20ADOPTING%20PROP.%2025%0A%0A%20%20%20%20%20Last%20Friday%20afternoon%20the%20California%20Court%20of%20Appeal%20in%20Sacramento%20unanimously%20concluded%20the%20Legislature%20acted%20illegally%20when%20it%20passed%20the%20state%20budget%2C%20and%20then%20used%20what%20is%20known%20as%20a%20spot%20bill%20to%20pass%20a%20statute%20by%20majority%20vote%20placing%20the%20Governor%E2%80%99s%20tax%20measure%2C%20Proposition%2030%2C%20in%20a%20preferred%20position%20at%20the%20top%20of%20the%20statewide%20ballot.%20In%20doing%20so%2C%20the%20Court%20rejected%20the%20Legislature%E2%80%99s%20use%20of%20%E2%80%9Cspot%20bills%E2%80%9D-blank%20bills%20with%20an%20assigned%20number%20but%20no%20substance-to%20take%20advantage%20of%20exceptions%20to%20the%202%2F3%20vote%20requirement%20needed%20to%20approve%20appropriations%20and%20have%20them%20take%20effect%20immediately%2C%20contained%20in%202010%E2%80%B2s%20Proposition%2025.%20%20Nielsen%20Merksamer%20filed%20a%20friend%20of%20the%20court%20brief%20on%20behalf%20of%20the%20California%20Chamber%20of%20Commerce%2C%20supporting%20the%20successful%20legal%20challenge.%0A%0A%20%20%20%20Prior%20to%20the%20adoption%20of%20Proposition%2025%20in%202010%2C%20all%20appropriations%20were%20required%20to%20be%20passed%20by%20a%202%2F3%20vote%20of%20both%20houses%20of%20the%20Legislature.%20And%20a%202%2F3%20vote%20was%20required%20to%20adopt%20legislation%20that%20would%20take%20effect%20immediately%3B%20otherwise%2C%20such%20legislation%20takes%20effect%20on%20January%201%20of%20the%20year%20following%20that%20in%20which%20the%20bill%20is%20adopted.%20Proposition%2025%20provided%20exceptions%20to%20these%20rules%20for%20the%20annual%20Budget%20Bill%20and%20for%20%E2%80%9Cother%20bills%20providing%20for%20appropriations%20related%20to%20the%20Budget%20Bill.%E2%80%9D%0A%0A%20%20%20%20In%202012%2C%20the%20Budget%20Bill%20enacted%20on%20June%2015%20listed%20a%20number%20of%20bills%20by%20number%2C%20and%20designated%20them%20as%20%E2%80%9Cbills%20providing%20for%20appropriations%20related%20to%20the%20budget%20bill%2C%E2%80%9D%20but%20those%20bills%20were%20spot%20bills%20and%20contained%20no%20substance.%20Ten%20days%20after%20the%20Budget%20Bill%20took%20effect%2C%20one%20of%20those%20blank%20bills%20%28AB%201499%29%20was%20used%20to%20amend%20the%20Elections%20Code%20to%20change%20the%20order%20in%20which%20statewide%20ballot%20measures%20would%20be%20listed%20on%20the%20ballot%2C%20so%20that%20Governor%20Brown%E2%80%99s%20tax%20measure%20would%20be%20listed%20first.%20Being%20listed%20before%20other%2C%20competing%20tax%20measures%20was%20viewed%20as%20critical%20to%20the%20measure%E2%80%99s%20success.%20AB%201499%20was%20enacted%20by%20less%20than%20a%202%2F3%20vote%20of%20the%20Legislature.%0A%0A%20%20%20%20The%20Howard%20Jarvis%20Taxpayer%20Association%2C%20an%20opponent%20of%20Proposition%2030%2C%20filed%20a%20lawsuit%20in%20the%20Sacramento%20Superior%20Court%2C%20challenging%20the%20validity%20of%20AB%201499%2C%20as%20a%20violation%20of%20the%202%2F3%20vote%20requirements%2C%20and%20seeking%20an%20order%20precluding%20the%20Secretary%20of%20State%20from%20placing%20Proposition%2030%20in%20a%20preferred%20position%20at%20the%20top%20of%20the%20ballot.%20The%20Superior%20Court%20rejected%20the%20challenge%2C%20and%20the%20Court%20of%20Appeal%20declined%20to%20hear%20the%20case%20on%20an%20emergency%20basis%2C%20so%20the%20November%202012%20election%20was%20conducted%20using%20the%20ballot%20order%20prescribed%20by%20AB%201499.%0A%0A%20%20%20%20While%20the%20Court%20of%20Appeal%20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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, The Voting 
Wars <http://electionlawblog.org/?cat=60> | Comments Off


    "Inaugural Funds Faise Questions" <http://electionlawblog.org/?p=46360>

Posted on January 18, 2013 11:35 am 
<http://electionlawblog.org/?p=46360> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Roll Call 
<http://www.rollcall.com/news/inaugural_funds_raise_questions-220867-1.html?pos=htmbtxt>: 
"President Barack Obama's decision to collect unlimited corporate cash 
for his inauguration, and to disclose less about donors than he did four 
years ago, has triggered broad speculation about what he really plans to 
do with the money. Theories range from the claim that Obama is getting a 
jump-start on funding his presidential library to conjecture that 
leftover campaign cash will prop up his grass-roots organizing 
operation, reportedly to be renamed Organizing for Action. Some say that 
it may even line the pockets of loyal campaign consultants."

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
conflict of interest laws <http://electionlawblog.org/?cat=20> | 
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    "The Supreme Court and Racial Equality: Guest Post by Eric Segall"
    <http://electionlawblog.org/?p=46357>

Posted on January 18, 2013 11:32 am 
<http://electionlawblog.org/?p=46357> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Here 
<http://www.dorfonlaw.org/2013/01/the-supreme-court-and-racial-equality.html>, 
at Dorf on Law.

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


    7th Circuit Divides 2-1 Over Constitutionality of Wisconsin Law
    Limiting Some Public Union Payroll Deductions for Political Purposes
    <http://electionlawblog.org/?p=46354>

Posted on January 18, 2013 11:09 am 
<http://electionlawblog.org/?p=46354> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Via How Appealing <http://howappealing.law.com/011813.html#048766> come 
a link tothis decision 
<http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=12-1854_002.pdf>. 
Judge Hamilton's lengthy partial dissent argues that the selective 
payroll deduction ban which was part of Wisconsin's law against public 
unions violates the First Amendment prohibition on viewpoint 
discrimination in nonpublic forums.

I expect the unions to try to take this case en banc or to the Supreme 
Court.  Judge Hamilton's opinion ends:

"As I said at the outset, elections have consequences.The United States 
Constitution does not forbid all legislationthat rewards friends and 
punishes opponents. The principal provisions of Wisconsin's Act 10 may 
fit that description, but they are still constitutional under the 
generous standard of rational-basis review. The new, selective limits on 
payroll deductions for union dues, however, are subject to the more 
demanding First Amendment standards for a nonpublic forum and flunk that 
test. I would affirm that portion of the district court's judgment."

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "Why Standing Up to the War Lobby is an Ethics Issue"
    <http://electionlawblog.org/?p=46351>

Posted on January 18, 2013 10:35 am 
<http://electionlawblog.org/?p=46351> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Controversial post 
<http://www.legalethicsforum.com/blog/2013/01/why-standing-up-to-the-war-lobby-is-an-ethics-issue.html> 
by Richard Painter.

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Posted in legislation and legislatures 
<http://electionlawblog.org/?cat=27>, lobbying 
<http://electionlawblog.org/?cat=28> | Comments Off


    Charles Fried and Fred Schwartz on Filibuster Reform
    <http://electionlawblog.org/?p=46348>

Posted on January 18, 2013 7:45 am <http://electionlawblog.org/?p=46348> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Here 
<http://www.bostonreview.net/BR38.1/charles_fried_frederick_schwarz_filibuster_constitution.php>, 
in /Boston Review./

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Posted in legislation and legislatures 
<http://electionlawblog.org/?cat=27> | 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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URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130123/e70f622a/attachment.png>