[EL] ELB News and Commentary 6/6/13
Rick Hasen
rhasen at law.uci.edu
Thu Jun 6 08:15:14 PDT 2013
My Prediction in the Shelby County Case
<http://electionlawblog.org/?p=51353>
Posted on June 6, 2013 8:13 am <http://electionlawblog.org/?p=51353> by
Rick Hasen <http://electionlawblog.org/?author=3>
We are getting close to a decision in the Supreme Court on Shelby
County, Alabama's challenge to section 5 of the Voting Rights Act. This
is the part of the VRA which requires jurisdictions (mostly, but not
only in the South) with a history of discrimination in voting on the
basis of race to get permission from the federal government (either the
Department of Justice or a three-judge court in DC) before making any
changes in voting rules and procedures. The changes can be as large as a
redistricting plan for 10 years, and as small as moving a polling place
across the street. Shelby County claims that the law now exceeds
congressional power over the states, because there is not enough
evidence of intentional state discrimination on the basis of race to
justify this interference with state's rights. This federalism argument
notes how the South has changed---the question is whether it has changed
enough for the Supreme Court to hold that an Act, which was once
constitutional is no longer constitutional thanks to changed circumstances.
I predicted back in 2009 in the NAMUDNO
<http://www.scotusblog.com/case-files/cases/northwest-austin-municipal-utility-district-number-one-v-eric-holder-jr-attorney-general-et-al/>
case that the Supreme Court would strike down the Act on these
federalism grounds. But the Court did not; instead it engaged in an act
of mangled statutory interpretation to avoid deciding the constitutional
issue <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1436669>. But
the Court's opinion was a shot across the bow to Congress, telling them
to do something to fix the potential constitutional problem. In the
interim, Congress has done nothing.
I predict that this time around the Court will decide that it need not
reach the question whether a preclearance requirement is constitutional
assuming that Congress picks the right jurisdictions to target. But that
the way in which Congress chose the current states and jurisdictions
which are targeted
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=561241> (based on a
formula related to turnout going back to the 1960s and 1970s) is
unconstitutional. I expect this position to garner 5 votes and a strong
dissent from 4 Justices. I expect the majority to try to downplay its
decision as /merely/ striking the coverage formula and not section 5
itself, but I don't expect fairminded observers to buy it: because of
intense polarization in Congress and controversy over the DOJ itself,
<http://www.slate.com/articles/news_and_politics/politics/2013/03/justice_department_s_inspector_general_report_is_the_voting_rights_section.html>I
cannot imagine the current Congress passing a new set of jurisdictions
subject to Section 5 preclearance. This will mean that Section 5 will
effectively be dead. (I do believe that such a rulingmay create an
opening
<http://blogs.reuters.com/great-debate/2013/01/30/if-the-court-strikes-section-5-of-voting-rights-act/>
for a different type of voting rights legislation to emerge from
Congress. Here's a series
<http://www.reuters.com/subjects/voting-rights>I organized for Reuters
Opinion on what may come after Section 5.)
As I said above, I was wrong about what the Court was going to do last
time, and I could be wrong again. But this is what I'm expecting some
time in the next few weeks.
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting
Rights Act <http://electionlawblog.org/?cat=15> | Comments Off
"IRS Staff Cite Washington Link" <http://electionlawblog.org/?p=51350>
Posted on June 6, 2013 7:55 am <http://electionlawblog.org/?p=51350> by
Rick Hasen <http://electionlawblog.org/?author=3>
Important WSJ report
<http://online.wsj.com/article/SB10001424127887324069104578527713122409302.html?mod=e2tw>
(also available outside paywall)
<http://finance.yahoo.com/news/irs-staff-cite-washington-000000304.html>.
Despite the new revelations in the article, there's not much here yet
showing any political interference from Washington, much less from the
Obama administration. But there will surely be much more to come.
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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
"Activists' Stunt Livens Up a Routine Senate Session"
<http://electionlawblog.org/?p=51347>
Posted on June 6, 2013 7:51 am <http://electionlawblog.org/?p=51347> by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT
<http://cityroom.blogs.nytimes.com/2013/06/05/activists-stunt-livens-up-a-routine-senate-session/>:
ALBANY -- There wasn't much to see in the State Senate on Wednesday:
the reciting of the Pledge of Allegiance, the honoring of a
basketball player and a bunch of empty seats where elected
representatives are paid to sit.
But there was something to grab the eye. Shortly after the beginning
of proceedings, about 15 protesters who had posed as guests sitting
in the upstairs gallery suddenly tossed hundreds of fake $100 bills
onto the chamber's floor below, a prank meant to call attention to
the issue of campaign finance reform.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
Comments Off
"Rep. Gutierrez pays Chicago lobbyist with tax dollars"
<http://electionlawblog.org/?p=51344>
Posted on June 6, 2013 7:44 am <http://electionlawblog.org/?p=51344> by
Rick Hasen <http://electionlawblog.org/?author=3>
USA Today
<http://www.usatoday.com/story/news/politics/2013/06/05/gutierrez-chicago-lobbyist-scofield-staff-congress-democrat/2391499/>:
Over the past 10 years, Rep. Luis Gutierrez has paid a Chicago
lobbyist more than $500,000 in taxpayer funds to work side-by-side
with his congressional staff.
Lobbyist Doug Scofield, Gutierrez's former chief of staff, can train
staff, review and help draft news releases, and help "publicize
programs and activities" of the congressman, among other things. He
can do all that and still not be counted as a member of Gutierrez's
official staff. Instead, Scofield is paid as a contractor providing
"training" under a contract approved by the Committee on House
Administration.
"It looks like classic Chicago cronyism," said Kathy Kiely, managing
editor at the non-profit Sunlight Foundation. "It's really
tantamount to a political patronage job."
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27>, lobbying
<http://electionlawblog.org/?cat=28> | Comments Off
"Some mull running in special election while Democrats consider
challenging it" <http://electionlawblog.org/?p=51341>
Posted on June 5, 2013 6:10 pm <http://electionlawblog.org/?p=51341> by
Rick Hasen <http://electionlawblog.org/?author=3>
The latest
<http://www.northjersey.com/news/Some_mull_running_in_special_election_while_Democrats_consider_challenging_it.html?page=all>
from New Jersey.
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Posted in campaigns <http://electionlawblog.org/?cat=59> | Comments Off
"Joe Garcia's Ballot Scandal" <http://electionlawblog.org/?p=51339>
Posted on June 5, 2013 6:03 pm <http://electionlawblog.org/?p=51339> by
Rick Hasen <http://electionlawblog.org/?author=3>
Miami Herald Ed Board seems skeptical
<http://www.miamiherald.com/2013/06/05/3435592_joe-garcias-ballot-scandal.html>
of Rep. Garcia's claims of innocence.
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Posted in chicanery <http://electionlawblog.org/?cat=12>, election
administration <http://electionlawblog.org/?cat=18> | Comments Off
"A.G. Schneiderman Adopts New Disclosure Requirements For Nonprofits
That Engage In Electioneering" <http://electionlawblog.org/?p=51336>
Posted on June 5, 2013 6:00 pm <http://electionlawblog.org/?p=51336> by
Rick Hasen <http://electionlawblog.org/?author=3>
Press release
<http://ag.ny.gov/press-release/ag-schneiderman-adopts-new-disclosure-requirements-nonprofits-engage-electioneering>:
As part of a groundbreaking effort to bring transparency to the
political process and protect donors to nonprofits, Attorney General
Eric T. Schneiderman today announced that he has adopted new
regulations <http://www.ag.ny.gov/charity-disclosure-regulations>
that will require nonprofit groups, including 501(c)(4) "social
welfare" organizations, to make more robust disclosures of their
political campaign activities. Effective today, nonprofits that are
registered with the state will now be required to report the
percentage of their expenditures that go to federal, state and local
electioneering. Groups that spend at least $10,000 to influence
state and local elections in New York will be required to file
itemized schedules of expenses and contributions. Those disclosures
will be available to the public on the Attorney General's NY Open
Government website <http://www.nyopengovernment.com/>.
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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
"Guest Post: Mobile QBs Challenge Defenses AND Voter Rolls"
<http://electionlawblog.org/?p=51333>
Posted on June 5, 2013 5:58 pm <http://electionlawblog.org/?p=51333> by
Rick Hasen <http://electionlawblog.org/?author=3>
Steve Kolbert
<http://blog.lib.umn.edu/cspg/electionacademy/2013/06/guest_post_mobile_qbs_challeng.php>:
Just over a year ago, the Washington Redskins drafted
<http://www.nfl.com/videos/nfl-draft/09000d5d828a2b41/Redskins-pick-Robert-Griffin-III-No-2>
quarterback sensation Robert Griffin III (or "RGIII" to his fans).
In that year, the star player has become a Washington-area sports
and pop culture phenomenon for his on-the-field
<http://www.redskins.com/news-and-events/article-1/Redskins-First-Division-Title-Since-1999/4e500b06-a241-4586-a751-3500e8888e11>
ability
<http://www.usatoday.com/story/sports/nfl/redskins/2013/02/02/robert-griffin-ap-nfl-offensive-rookie-of-year-washington-redksins/1886661/>
and his off-the-field
<http://blog.redskins.com/2012/10/06/rg3-shows-up-at-high-school-game/>
character
<http://www.latimes.com/sports/sportsnow/la-sp-sn-robert-griffin-iii-thank-you-20130528,0,2323610.story>.
He has even become the subject of two
<http://www.washingtonpost.com/blogs/dc-sports-bog/wp/2013/05/08/rgiii-hope-poster-is-getting-retired/>
memes
<http://www.washingtonpost.com/blogs/dc-sports-bog/post/a-scoring-pass-an-unintentional-pose-griffining-is-born/2012/09/16/664cc92a-0020-11e2-b257-e1c2b3548a4a_blog.html>,
further fueling his ascension from football phenom to pop culture icon.
But RGIII also did something this past year that even non-superstars
do -- he moved
<http://www.bizjournals.com/washington/breaking_ground/2013/05/rgiii-pays-25-million-for-creighton.html>.
Moving is a fact of modern
<http://blog.lib.umn.edu/cspg/electionacademy/2011/12/keeping_up_with_the_parties_th.php>
life
<http://blog.lib.umn.edu/cspg/electionacademy/2012/09/relocation_relocation_relocati.php>,
and a real
<http://electiondiary-briandnewby.blogspot.com/2012/07/people-move-plain-and-simple.html>
concern
<http://electiondiary-briandnewby.blogspot.com/2012/10/people-move-sequel.html>
for election administrators. Every election cycle, election
officials face a flood of voters who, after initially registering,
move to a new address without updating their registration. With few
exceptions, voters may only vote if they are registered at their
current address, so these voters are in danger of being turned away
from the polls. Their right to vote depends on the flexibility of
their state's law.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
voter registration <http://electionlawblog.org/?cat=37> | Comments Off
"Secretary of State Ritchie won't run again"
<http://electionlawblog.org/?p=51331>
Posted on June 5, 2013 5:56 pm <http://electionlawblog.org/?p=51331> by
Rick Hasen <http://electionlawblog.org/?author=3>
Star Tribune
<http://www.startribune.com/politics/blogs/210184221.html?page=all&prepage=1&c=y#continue>:
Minnesota Secretary of State Mark Ritchie decided that eight years
of long hours, accusations of stolen elections and the occasional
death threat was enough. On Tuesday the Minneapolis
<http://www.startribune.com/topics/places/minneapolis.html> DFLer
announced he will step down at the end of next year, setting off an
immediate scramble for an office that both Democrats and Republicans
are eager to control.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
election law biz <http://electionlawblog.org/?cat=51>, The Voting Wars
<http://electionlawblog.org/?cat=60> | Comments Off
"New NRA-Backed Kansas Law Seeks to Limit Lobbying"
<http://electionlawblog.org/?p=51328>
Posted on June 5, 2013 4:34 pm <http://electionlawblog.org/?p=51328> by
Rick Hasen <http://electionlawblog.org/?author=3>
AP
<http://www.nytimes.com/aponline/2013/06/05/us/politics/ap-us-gun-laws-lobbying.html?ref=politics>:
"Fresh off a series of legislative victories across the country, the
National Rifle Association has launched a new effort starting in
gun-friendly Kansas seeking to clamp down on the use of government money
to lobby on gun-control issues."
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27>, lobbying
<http://electionlawblog.org/?cat=28> | Comments Off
Critics Say New Wisconsin Elections Bill Constitutes a "War on
Democracy" <http://electionlawblog.org/?p=51325>
Posted on June 5, 2013 2:26 pm <http://electionlawblog.org/?p=51325> by
Rick Hasen <http://electionlawblog.org/?author=3>
See here.
<http://www.prwatch.org/news/2013/06/12137/wi-legislature-fast-tracking-war-democracy-bill-business-lobby-misleads-disclosur>
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"A Cure Worse than the Disease?" <http://electionlawblog.org/?p=51322>
Posted on June 5, 2013 1:55 pm <http://electionlawblog.org/?p=51322> by
Rick Hasen <http://electionlawblog.org/?author=3>
Ellen Katz
<http://yalelawjournal.org/the-yale-law-journal-pocket-part/election-law/a-cure-worse-than-the-disease?/>
in the Yale Law Journal Online:
Following oral argument in /Shelby County v. Holder/, Abigail
Thernstrom proposed a provocative analogy. Thernstrom, the vice
chair of the U.S. Commission on Civil Rights and a longtime
commentator on voting issues, suggested that places like Shelby
County, Alabama might be likened to a patient with a heart problem,
and section 5 of the Voting Rights Act (VRA) could be seen as the
prescribed medication.^1
<http://yalelawjournal.org/the-yale-law-journal-pocket-part/election-law/a-cure-worse-than-the-disease#>
According to Thernstrom, the medication "helps" at the beginning,
but soon it "starts to wreck the patient's kidneys." So too,
Thernstrom argued, with section 5 of the VRA, a provision she says
initially did a lot of good, but, in her view, has been wrecking
things in covered jurisdictions for a long time now.**Her message is
clear: the treatment should be scrapped before it does any more
damage to the patient.
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting
Rights Act <http://electionlawblog.org/?cat=15> | Comments Off
"IRS-targeted groups cry foul after playing GOP politics"
<http://electionlawblog.org/?p=51319>
Posted on June 5, 2013 1:29 pm <http://electionlawblog.org/?p=51319> by
Rick Hasen <http://electionlawblog.org/?author=3>
Important Politico report
<http://www.politico.com/story/2013/06/irs-scrutiny-politics-92254.html>:
The conservative groups testifying about overzealous IRS scrutiny
during a House Ways and Means Committee hearing Tuesday can't get
around a simple fact: All have been involved in the kinds of
political activity that's ripe for red flags.
Simple searches on Google, Facebook, Twitter and other news engines
point to plenty of political activities that are the essence of what
the IRS looks for when deciding who gets an exemption from Uncle Sam.
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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
FEC General Counsel Tony Herman Headed to Covington
<http://electionlawblog.org/?p=51316>
Posted on June 5, 2013 12:30 pm <http://electionlawblog.org/?p=51316> by
Rick Hasen <http://electionlawblog.org/?author=3>
See here <http://www.cov.com/news/detail.aspx?news=1893>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
election law biz <http://electionlawblog.org/?cat=51>, federal election
commission <http://electionlawblog.org/?cat=24> | Comments Off
"Why New Jersey is holding a Wednesday election"
<http://electionlawblog.org/?p=51312>
Posted on June 5, 2013 12:21 pm <http://electionlawblog.org/?p=51312> by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo reports.
<http://www.washingtonpost.com/blogs/the-fix/wp/2013/06/05/why-new-jersey-is-holding-a-wednesday-election/>
Why Tuesday? asks
<https://twitter.com/WhyTuesday/status/342352825084440577>Why Wednesday?
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Posted in election administration <http://electionlawblog.org/?cat=18> |
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"Simultaneous Elections in New Jersey; This fall, New Jersey voters
will need to navigate a confusing calendar of deadlines and voting
periods" <http://electionlawblog.org/?p=51308>
Posted on June 5, 2013 11:11 am <http://electionlawblog.org/?p=51308> by
Rick Hasen <http://electionlawblog.org/?author=3>
Matt Weil
<http://bipartisanpolicy.org/blog/2013/06/simultaneous-elections-new-jersey>
of Bipartisan Policy Center:
Elections do not just happen on Election Day. While procedures vary
from state to state, every election cycle includes at least the
start of absentee voting, the voter registration deadline, the
absentee ballot request deadline, Election Day, post-election
canvassing and auditing, and the certification of the election.
When multiple elections hit near the same time---as will happen in
New Jersey this fall following Governor Chris Christie's decision to
hold an October special election to fill the U.S. Senate seat left
vacant following the passing of long time Senator Frank
Lautenberg---the result can be a lot of voter confusion and
administrative difficulties.
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Posted in election administration <http://electionlawblog.org/?cat=18> |
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"In IRS mess, how we can believe anything Team Obama is telling us?"
<http://electionlawblog.org/?p=51304>
Posted on June 5, 2013 8:31 am <http://electionlawblog.org/?p=51304> by
Rick Hasen <http://electionlawblog.org/?author=3>
Karl Rove writes
<http://www.foxnews.com/opinion/2013/06/05/in-irs-mess-how-can-believe-anything-team-obama-is-telling-us/>
for Fox News.
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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
"Texas Redistricting Fight Shows Why Voting Rights Act Still Needed"
<http://electionlawblog.org/?p=51301>
Posted on June 5, 2013 8:22 am <http://electionlawblog.org/?p=51301> by
Rick Hasen <http://electionlawblog.org/?author=3>
Ari Berman writes
<http://www.thenation.com/blog/174652/texas-redistricting-fight-shows-why-voting-rights-act-still-needed>
for The Nation.
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Posted in redistricting <http://electionlawblog.org/?cat=6>, Supreme
Court <http://electionlawblog.org/?cat=29> | Comments Off
--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org
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