[EL] ELB News and Commentary 6/5/13
Rick Hasen
rhasen at law.uci.edu
Wed Jun 5 07:39:09 PDT 2013
"Chris Christie's Catch-22 --- and why he made the right (political)
decision" <http://electionlawblog.org/?p=51298>
Posted on June 5, 2013 7:31 am <http://electionlawblog.org/?p=51298> by
Rick Hasen <http://electionlawblog.org/?author=3>
Aaron Blake analysis
<http://www.washingtonpost.com/blogs/the-fix/wp/2013/06/05/chris-christies-catch-22-and-why-he-made-the-right-political-decision/>.
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Posted in campaigns <http://electionlawblog.org/?cat=59> | Comments Off
"Judicial Picks Set the Stage for a Battle in the Senate"
<http://electionlawblog.org/?p=51295>
Posted on June 5, 2013 7:29 am <http://electionlawblog.org/?p=51295> by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT reports.
<http://www.nytimes.com/2013/06/05/us/politics/obama-to-name-3-to-top-appeals-court-in-challenge-to-republicans.html?ref=politics>
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27> | Comments Off
"Conservative groups targeted by IRS testify that agency demanded
they curtail activities" <http://electionlawblog.org/?p=51292>
Posted on June 5, 2013 7:26 am <http://electionlawblog.org/?p=51292> by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo reports
<http://www.washingtonpost.com/politics/conservative-groups-targeted-by-irs-testify-that-agency-demanded-they-curtail-activities/2013/06/04/804d6b0e-cd2f-11e2-8845-d970ccb04497_story.html>.
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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
"Did Reid Break His Word To McConnell About The Nuclear Option?"
<http://electionlawblog.org/?p=51290>
Posted on June 5, 2013 7:26 am <http://electionlawblog.org/?p=51290> by
Rick Hasen <http://electionlawblog.org/?author=3>
TPM reports.
<http://tpmdc.talkingpointsmemo.com/2013/06/did-reid-break-his-word-to-mcconnell-about-the-nuclear-option.php?ref=fpb>
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27> | Comments Off
"Almost Half of Americans Say Obama Untruthful About IRS"
<http://electionlawblog.org/?p=51288>
Posted on June 5, 2013 7:25 am <http://electionlawblog.org/?p=51288> by
Rick Hasen <http://electionlawblog.org/?author=3>
Bloomberg reports
<http://www.bloomberg.com/news/2013-06-05/almost-half-of-americans-say-obama-untruthful-about-irs.html?alcmpid=politics>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
Bauer Replies to Bright Lines Project
<http://electionlawblog.org/?p=51286>
Posted on June 5, 2013 7:24 am <http://electionlawblog.org/?p=51286> by
Rick Hasen <http://electionlawblog.org/?author=3>
Here
<http://www.moresoftmoneyhardlaw.com/2013/06/bright-lines-project-defense/>.
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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
"Voter ID, shorter absentee balloting proposed"
<http://electionlawblog.org/?p=51284>
Posted on June 5, 2013 7:21 am <http://electionlawblog.org/?p=51284> by
Rick Hasen <http://electionlawblog.org/?author=3>
The latest
<http://host.madison.com/news/local/govt-and-politics/voter-id-shorter-absentee-balloting-proposed/article_2c9c2a04-9e56-5cc1-81d6-b47866c8a8a3.html>
from Wisconsin.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>, voter id
<http://electionlawblog.org/?cat=9> | Comments Off
"Chris Christie's choice: duty or politics"
<http://electionlawblog.org/?p=51282>
Posted on June 5, 2013 7:20 am <http://electionlawblog.org/?p=51282> by
Rick Hasen <http://electionlawblog.org/?author=3>
Ethan Leib and Michael Serota have writtenthis /LA Times/ oped.
<http://www.latimes.com/news/opinion/commentary/la-oe-lieb-chris-christie-lautenberg-20130605,0,2279757.story>
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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
"Disfavored Candidates and the Democracy Canon"
<http://electionlawblog.org/?p=51279>
Posted on June 4, 2013 6:05 pm <http://electionlawblog.org/?p=51279> by
Rick Hasen <http://electionlawblog.org/?author=3>
Derek Muller
<http://excessofdemocracy.com/blog/2013/6/new-work-disfavored-candidates-and-the-democracy-canon>
(Excess of Democracy Blog):
The Florida Law Review Forum
<http://www.floridalawreview.com/forum/> kindly invited me to offer
a response to Chad Flanders
<http://slu.edu/colleges/law/slulaw/faculty/cflande2>'s recent
article, "Election Law Behind a Veil of Ignorance" (PDF
<http://www.floridalawreview.com/wp-content/uploads/Flanders_BOOK.pdf>).
Here's my response (PDF
<http://www.floridalawreview.com/wp-content/uploads/Muller_Forum_Final.pdf>),
"Disfavored Candidates and the Democracy Canon." And here's the opening:
"Democracy" is a chameleon-like word, used almost everywhere and
meaning almost anything. Chad Flanders's thoughtful article in part
disciplines the meaning of "democracy" when it draws an important
distinction between popular democracy and legislative democracy when
interpreting election statutes and evaluating the applicability of
the Democracy Canon. Indeed, in statutory interpretation, we often
justify canons by democratic values, particularly the accountability
of the representatives who promulgate those statutes.
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Posted in statutory interpretation <http://electionlawblog.org/?cat=21>
| Comments Off
Democrats Threaten Litigation Over Christie Scheduling of Election
<http://electionlawblog.org/?p=51276>
Posted on June 4, 2013 5:33 pm <http://electionlawblog.org/?p=51276> by
Rick Hasen <http://electionlawblog.org/?author=3>
This
<http://www.nytimes.com/2013/06/05/nyregion/christie-sets-october-special-election-for-lautenberg-seat.html?hp>could
be interesting.
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Posted in campaigns <http://electionlawblog.org/?cat=59> | Comments Off
"Political Party Donations Capped in San Diego"
<http://electionlawblog.org/?p=51273>
Posted on June 4, 2013 5:06 pm <http://electionlawblog.org/?p=51273> by
Rick Hasen <http://electionlawblog.org/?author=3>
San Diego Union Tribune
<http://www.utsandiego.com/news/2013/jun/04/political-party-contribution-limits-san-diego/>:
The unfettered ability of political parties to give campaign cash
directly to city candidates will soon be reined in as San Diego
leaders voted Tuesday to impose a cap on such contributions.
The limits on parties would be $10,000 for City Council candidates
and $20,000 for citywide candidates beginning July 20 when the
ordinance goes into effect. Until then parties can continue to give
unlimited sums to candidates as they've been able to do for three
years after a judge tossed out a citywide ban.
I testified today at the City Council hearing as an expert for the City,
and was co-counsel in earlier litigation over the city's campaign
contribution laws.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Rokita Helps Pass Bill to End Wasteful Election Assistance
Commission" <http://electionlawblog.org/?p=51270>
Posted on June 4, 2013 4:57 pm <http://electionlawblog.org/?p=51270> by
Rick Hasen <http://electionlawblog.org/?author=3>
Press release:
*Rokita Helps Pass Bill to End Wasteful Election Assistance Commission *
*/Committee Also Holds Hearing on Rokita-sponsored Bill to Ensure
Accuracy of Voter Lists/*
**
*(Washington, D.C.)* -- U.S. Rep. Todd Rokita, a member of the House
Committee on Administration
<http://electionlawblog.org/cha.house.gov>, released the following
statement today following the passage of H.R. 1994
<http://beta.congress.gov/bill/113th-congress/house-bill/1994?q=h.r.+1994>,
a bill to terminate the Election Assistance Commission (EAC).
"During my service as Indiana's Secretary of State, we reformed and
streamlined our electoral system with the goal of more fair and
accurate elections. We built Indiana's statewide voter file,
installed new voting equipment, and made voting more convenient by
harnessing technology so that voting centers could be used if
counties chose to do so. We also led an innovative effort to expand
online voter registration. This was completed on time, under budget,
and we only had to build it once. I am well aware of the great work
along similar lines in many other states, and today's vote is a
continuation of that effort.
"The EAC is an outdated program that no longer provides value to
taxpayers. And unfortunately, the attitude demonstrated by this
small agency is indicative of the problems we're seeing across all
agencies -- that somehow, overseers in Washington, D.C., ought to be
telling state and local officials how to do their jobs better. It is
one more example of an overreaching, wasteful government program
that must be cut if we're going to get serious about our debt crisis
and hold the federal government accountable to the Constitution,"
said Rokita.
The Elections Assistance Commission (EAC) was created by the Help
America Vote Act (HAVA) to help states replace old punch card and
lever voting systems, and to implement statewide registration
databases. When the Commission was created, it was only authorized
for three years, yet more than five years later, with its mission
largely complete, the EAC continues.
Election experts across the country, including the National
Association of Secretaries of State, an organization that Rokita
formerly served as president, have supported ending the EAC.
You can view Rokita's remarks at the hearing regarding the
effectiveness of the EAC, or the entire hearing, here
<http://thomas.loc.gov/video/house-committee/hsha/33812023>.
Rokita's first exchange begins at 54:23.
The committee also discussed the Voter Registration Efficiency Act,
a bill sponsored by Rokita and Chairman Candice Miller, to require
new state residents applying for a driver's license to notify the
state if they intend to use their new residency for the purpose of
voting. If so, the legislation then requires the new state to
notify the previous state of residence so its chief election
official can update voter lists accordingly. This legislation was
introduced last year as the Voter Registration Integrity Act
<http://rokita.house.gov/press-release/rokita-miller-introduce-voter-registration-integrity-act>.
Additional legislation passed by the committee today would reform or
eliminate the Presidential Election Campaign Fund.
*H.R. 94*
<http://beta.congress.gov/bill/113th-congress/house-bill/94?q=h.r.+94>,
Sponsored by Rep. Tom Cole, R-Okla., would prohibit taxpayer funds
collected through the Presidential Election Campaign Fund from being
used for national party conventions. Last year, the RNC and DNC
received $36 million for their conventions. However, a review of the
2008 convention expenditures showed that these funds were used for
floral arrangements, gift bags, live music and makeup consultants.
*H.R. 95*
<http://beta.congress.gov/bill/113th-congress/house-bill/95?q=h.r.+95>,
Sponsored by Rep. Tom Cole, R-Okla., would eliminate the
Presidential Election Campaign Fund altogether, returning the Fund's
remaining balance of $260 million back to the U.S. Treasury for
deficit reduction. The program, intended to instill greater public
confidence in presidential election campaigns, has lost the support
of taxpayers and candidates alike. According to the Federal
Election Commission, the percentage of participating taxpayers
dropped from 29% in 1980 to approximately 5% in 2012. Major
candidates started refusing the funds back in 2000, and President
Obama entirely opted out the program in 2008 and 2012, refusing
funds for both the primary and general elections.
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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> | Comments Off
"Republicans Fuming Over Chris Christie's Senate Decision; The New
Jersey governor's decision to hold the Senate race in October 2013
means it will be difficult for the GOP to contest the seat."
<http://electionlawblog.org/?p=51267>
Posted on June 4, 2013 4:43 pm <http://electionlawblog.org/?p=51267> by
Rick Hasen <http://electionlawblog.org/?author=3>
Interesting National Journal report.
<http://www.nationaljournal.com/politics/republicans-fuming-over-chris-christie-s-senate-decision-20130604>
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Posted in campaigns <http://electionlawblog.org/?cat=59> | Comments Off
"Justice Anthony Kennedy and Shelby County"
<http://electionlawblog.org/?p=51263>
Posted on June 4, 2013 4:38 pm <http://electionlawblog.org/?p=51263> by
Rick Hasen <http://electionlawblog.org/?author=3>
Gerry Hebert
<http://www.huffingtonpost.com/j-gerald-hebert/justice-kennedy-shelby-county-voting-rights-act_b_3385840.html>:
As someone who has devoted the vast majority of my professional
career enforcing the Voting Rights Act, the imminent decision in the
/Shelby County, Alabama/ case will be of great interest to me. My
perspective is a unique one: I spent over twenty years in the
Department of Justice (most of that time enforcing the Voting Rights
Act), and I have spent nearly twenty years in private solo practice
representing state and local governments who have endeavored to
comply with the Voting Rights Act. Moreover, of the approximately
209 state and political subdivisions that have bailed out since the
1982 amendments to the Voting Rights Act liberalized the bailout
requirements, I have represented around 95 percent of those
jurisdictions.
Of course, I have no idea how the case will come out, but the
Campaign Legal Center's amicus brief in the Shelby County case on
behalf of jurisdictions that have bailed out made clear that the
Court should not strike down as unconstitutional any provisions of
the Voting Rights Act. But ever since oral argument, I have been
thinking about Justice Kennedy, who everyone seems to acknowledge
will cast the deciding vote one way or the other.
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting
Rights Act <http://electionlawblog.org/?cat=15> | Comments Off
"Democracy's Masquerade Ball" <http://electionlawblog.org/?p=51260>
Posted on June 4, 2013 4:34 pm <http://electionlawblog.org/?p=51260> by
Rick Hasen <http://electionlawblog.org/?author=3>
Ciara Torres-Spelliscy writes
<http://thehill.com/blogs/congress-blog/campaign/302803-democracys-masquerade-ball>for
/The Hill./
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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
Registration Now Open for UCI Law Supreme Court Term in Review
<http://electionlawblog.org/?p=51257>
Posted on June 4, 2013 4:29 pm <http://electionlawblog.org/?p=51257> by
Rick Hasen <http://electionlawblog.org/?author=3>
Here <http://www.law.uci.edu/events/supreme_court_term_review_2013.html>:
3rd Annual
Supreme Court Term
in Review
/Friday, July 19, 2013 . 12:00 -- 1:30 P.M. /
/UCI Student Center, Crystal Cove Auditorium/ (Map)
<http://law.uci.edu/directions.html>
This exciting and entertaining program reviews the Supreme Court's key
cases decided in the October 2012 term, with an all-star panel of
Supreme Court journalists and academics.
Panelists
* Mario Barnes <http://www.law.uci.edu/faculty/page1_m_barnes.html>,
UCI Law
* Joan Biskupic <http://blogs.reuters.com/joan-biskupic/>, Reuters
* Erwin Chemerinsky
<http://www.law.uci.edu/faculty/page1_e_chemerinsky.html>, UCI Law
* Miguel Estrada <http://www.gibsondunn.com/lawyers/mestrada>, Gibson
Dunn (DC office)
* Adam Liptak <http://www.nytimes.com/ref/us/bio-liptak.html>, New
York Times
* Doug NeJaime
<http://www.lls.edu/aboutus/facultyadministration/faculty/facultylistl-r/nejaimedouglas/>,
UCI Law (beginning July 1)
* Moderated by Rick Hasen
<http://www.law.uci.edu/faculty/page1_r_hasen.html>, UCI Law
CLE credit will be available. The event will also be webcast, with
viewers able to submit questions via Twitter, using the hash tag
*#ucilawscotus* at the end of your question.
*Registration is now open. Click here to register
<https://ucisl.ejoinme.org/MyEvents/SupremeCourtTerminReview2013/tabid/470876/Default.aspx>.
*//
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Posted in Supreme Court <http://electionlawblog.org/?cat=29> | Comments Off
"Colorado: Morse and Colorado's unique resignation angle"
<http://electionlawblog.org/?p=51254>
Posted on June 4, 2013 4:22 pm <http://electionlawblog.org/?p=51254> by
Rick Hasen <http://electionlawblog.org/?author=3>
This item
<http://recallelections.blogspot.com/2013/06/colorado-morse-and-colorados-unique.html>
appears at the Recall Elections Blog.
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Posted in recall elections <http://electionlawblog.org/?cat=11> |
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"Dark Money Data Added to OpenSecrets.org"
<http://electionlawblog.org/?p=51252>
Posted on June 4, 2013 4:20 pm <http://electionlawblog.org/?p=51252> by
Rick Hasen <http://electionlawblog.org/?author=3>
Dig in
<http://www.opensecrets.org/news/2013/06/dark-money-data-added-to-opensecretsorg.html>:
"For the past year and half, the Center for Responsive Politics has been
putting together the largest publicly available set of IRS data on
politically active nonprofits. Today, we're releasing it."
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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
Gov. Christie Sets Special Election for Oct. 2013, a Few Weeks
Before General Election <http://electionlawblog.org/?p=51249>
Posted on June 4, 2013 10:57 am <http://electionlawblog.org/?p=51249> by
Rick Hasen <http://electionlawblog.org/?author=3>
The governor said in doing so he did not want to play politics, but it
is not clear that voters will see the addition of an election just a few
weeks before a general election that way.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
"House Republicans To Defund ACORN Again, Even Though It Still Does
Not Exist" <http://electionlawblog.org/?p=51246>
Posted on June 4, 2013 10:12 am <http://electionlawblog.org/?p=51246> by
Rick Hasen <http://electionlawblog.org/?author=3>
HuffPo reports
<http://www.huffingtonpost.com/2013/06/04/defund-acorn_n_3384060.html?1370363864>.
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60> |
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"Secretary of State Ritchie Announces He Will Not Seek Third Term"
<http://electionlawblog.org/?p=51243>
Posted on June 4, 2013 10:09 am <http://electionlawblog.org/?p=51243> by
Rick Hasen <http://electionlawblog.org/?author=3>
News <http://www.sos.state.mn.us/index.aspx?recordid=781&page=10> from
Minnesota.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
election law biz <http://electionlawblog.org/?cat=51> | 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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