[EL] ELB News and Commentary 6/13/13
Rick Hasen
rhasen at law.uci.edu
Wed Jun 12 22:32:59 PDT 2013
"What's Your Hurry?" <http://electionlawblog.org/?p=51565>
Posted on June 12, 2013 9:56 pm <http://electionlawblog.org/?p=51565> by
Rick Hasen <http://electionlawblog.org/?author=3>
Linda Greenhouse
<http://opinionator.blogs.nytimes.com/2013/06/12/whats-your-hurry/>on
conservatives fretting about Justices Kennedy or Scalia leaving the Court.
Back in February, I talked about the flip side of this, After
Scalia:Don't give up on campaign finance reform, however hopeless it
seems now.
<http://www.slate.com/articles/news_and_politics/jurisprudence/2013/02/campaign_finance_reform_when_scalia_leaves_the_supreme_court.html>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme
Court <http://electionlawblog.org/?cat=29> | Comments Off
"Dark Money Politics" <http://electionlawblog.org/?p=51562>
Posted on June 12, 2013 9:52 pm <http://electionlawblog.org/?p=51562> by
Rick Hasen <http://electionlawblog.org/?author=3>
Tom Edsall
<http://opinionator.blogs.nytimes.com/2013/06/12/dark-money-politics/>
dives into the data on 501c4 election activity.
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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
"If Section 5 Falls: New Voting Implications"
<http://electionlawblog.org/?p=51559>
Posted on June 12, 2013 5:02 pm <http://electionlawblog.org/?p=51559> by
Rick Hasen <http://electionlawblog.org/?author=3>
New Brennan Center report.
<http://www.brennancenter.org/publication/if-section-5-falls-new-voting-implications>
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Posted in Department of Justice <http://electionlawblog.org/?cat=26>,
Supreme Court <http://electionlawblog.org/?cat=29>, Voting Rights Act
<http://electionlawblog.org/?cat=15> | Comments Off
"Responding Briefly to Bob Bauer's Brief Reply On Bright Lines"
<http://electionlawblog.org/?p=51555>
Posted on June 12, 2013 4:33 pm <http://electionlawblog.org/?p=51555> by
Rick Hasen <http://electionlawblog.org/?author=3>
Greg Colvin sends along this response
<http://electionlawblog.org/wp-content/uploads/Responding-Briefly-to-Bob-Bauers-Brief-Reply-on-Bright-Lines-00500210.pdf>
by email.
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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
"Insight: In Washington, lawmakers' routines shaped by fundraising"
<http://electionlawblog.org/?p=51551>
Posted on June 12, 2013 2:58 pm <http://electionlawblog.org/?p=51551> by
Rick Hasen <http://electionlawblog.org/?author=3>
Reuters
<http://www.reuters.com/article/2013/06/12/us-usa-congress-fundraising-insight-idUSBRE95B05520130612>:
For lawmakers in Washington, the daily chase for money can begin
with a breakfast fundraiser in the side room of a Washington restaurant.
At noon, there might be a $500-per-plate lunch with lobbyists in a
Capitol Hill town house. The day might wrap up in an arena sky box
in downtown Washington, watching a basketball game with donors.
In between, there is "call time" -- up to four or five hours a day
for lawmakers in tough re-election campaigns -- in
telemarketing-style cubicles a few hundred yards from the Capitol.
The call centers, set up by the Democratic and Republican parties,
allow lawmakers to chase the checks that fuel campaigns without
violating rules that ban fundraising from their offices.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
legislation and legislatures <http://electionlawblog.org/?cat=27> |
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Higher Rate of Spoiled Ballots in Minnesota for Ranked Choice
Voting? <http://electionlawblog.org/?p=51548>
Posted on June 12, 2013 2:09 pm <http://electionlawblog.org/?p=51548> by
Rick Hasen <http://electionlawblog.org/?author=3>
See here
<http://leastevil.blogspot.com/2013/06/in-minneapolis-someones-not-being.html>.
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Posted in alternative voting systems
<http://electionlawblog.org/?cat=63> | Comments Off
"A Modest Early Voting Rise in 2012?
<http://electionlawblog.org/?p=51545>
Posted on June 12, 2013 2:02 pm <http://electionlawblog.org/?p=51545> by
Rick Hasen <http://electionlawblog.org/?author=3>
Michael McDonald writes
<http://www.huffingtonpost.com/michael-p-mcdonald/a-modest-early-voting-ris_b_3430379.html>.
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Posted in voting <http://electionlawblog.org/?cat=31> | Comments Off
"DOJ Ordered to Justify Secrecy of Corruption Probe"
<http://electionlawblog.org/?p=51543>
Posted on June 12, 2013 2:01 pm <http://electionlawblog.org/?p=51543> by
Rick Hasen <http://electionlawblog.org/?author=3>
BLT
<http://legaltimes.typepad.com/blt/2013/06/doj-ordered-to-justify-secrecy-of-corruption-probe.html?kw=DOJ%20Ordered%20to%20Justify%20Secrecy%20of%20Corruption%20Probe&et=editorial&bu=National%20Law%20Journal&cn=20130612&src=EMC-Email&pt=Legal%20Times%20Afternoon%20Update>:
A Washington federal judge today ordered
<http://legaltimes.typepad.com/files/6-12-13-opinion-1.pdf> federal
prosecutors to disclose more details about a past probe into alleged
misconduct by U.S. Rep. Don Young (R-Alaska) or prepare to better
justify the continued secrecy. She cited a previous decision finding
the congressman's privacy interests were "much diminished."
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Posted in Department of Justice <http://electionlawblog.org/?cat=26>,
ethics investigations <http://electionlawblog.org/?cat=42> | Comments Off
"Are States Delaying Voter ID Enactment to Duck Federal Racial
Review?" <http://electionlawblog.org/?p=51540>
Posted on June 12, 2013 12:13 pm <http://electionlawblog.org/?p=51540>
by Rick Hasen <http://electionlawblog.org/?author=3>
Brentin Mock reports.
<http://colorlines.com/archives/2013/06/are_states_delaying_voter_id_enactment_to_duck_federal_racial_review.html>
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Posted in Department of Justice <http://electionlawblog.org/?cat=26>,
election administration <http://electionlawblog.org/?cat=18>, The Voting
Wars <http://electionlawblog.org/?cat=60>, voter id
<http://electionlawblog.org/?cat=9> | Comments Off
"Center for Competitive Politics Files Cert Petition in Corsi v.
OEC" <http://electionlawblog.org/?p=51537>
Posted on June 12, 2013 10:42 am <http://electionlawblog.org/?p=51537>
by Rick Hasen <http://electionlawblog.org/?author=3>
Press release
<http://www.campaignfreedom.org/2013/06/12/center-for-competitive-politics-files-cert-petition-in-corsi-v-oec/>:
The Center for Competitive Politics (CCP) petitioned the US Supreme
Court for a writ of certiorari late Tuesday in /Corsi v. Ohio
Election Commission/
<http://www.campaignfreedom.org/wp-content/uploads/2013/06/Corsi-v.-OEC.pdf>/./ The
petition challenges a recent decision by the Ohio Court of Appeals
that upheld the Ohio Election Commission's (OEC) interpretation of
the major purpose requirement in determining whether or not a group
must register as a political action committee (PAC).
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
Comments Off
"Elizabeth Warren, nonprofit seek green together"
<http://electionlawblog.org/?p=51535>
Posted on June 12, 2013 10:40 am <http://electionlawblog.org/?p=51535>
by Rick Hasen <http://electionlawblog.org/?author=3>
CPI
<http://www.publicintegrity.org/2013/06/12/12805/elizabeth-warren-nonprofit-seek-green-together>:
During Sen. Elizabeth Warren's race last year against incumbent GOP
Sen. Scott Brown, the League of Conservation Voters spent more than
$1 million on "independent expenditures
<http://www.gpo.gov/fdsys/pkg/CFR-2011-title11-vol1/xml/CFR-2011-title11-vol1-sec100-16.xml>"
that either advocated for Warren's election or Brown's defeat,
including mass mailings and paid canvassers.
The 501(c)(4) nonprofit's treasury, as well as its related political
action committee and super PAC, accounted for the spending, which
helped push Warren to victory in a race that ranked among the
League's top electoral priorities. The League also bundled more than
$100,000 in earmarked campaign contributions for Warren, federal
records show.
Now tonight in Washington, D.C., supporters of the League --- one of
the nation's most politically active environmental nonprofits ---
will gather for a fundraising gala
<http://www.lcv.org/act/capital-dinner.html> during which Warren, a
Democrat, is scheduled to address the crowd.
The event is the latest illustration of how politicians and special
interest groups, which by law can't coordinate election spending,
nevertheless forge mutually beneficial ties.
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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
"An In-Depth Report on California's First-Ever Citizen Redistricting
Commission -- 'When the People Draw the Lines'"
<http://electionlawblog.org/?p=51532>
Posted on June 12, 2013 10:38 am <http://electionlawblog.org/?p=51532>
by Rick Hasen <http://electionlawblog.org/?author=3>
From the League of Women Voters <http://cavotes.org/redistrictingreport>:
In the past decade, California voters have worked to increase their
voice in the democratic process through passing laws that wrestled
power from California legislators. Through Propositions 11 and 20,
Californians took a stand and stated that they should be the ones
leading the process for drawing Assembly, Congressional and Senate
district lines.
In 2010, this line drawing process advanced when the California
Bureau of State Audits (BSA) tasked a new California Citizens
Redistricting Commission (CRC) with guiding an independent
redistricting process. *The 14-person commission accomplished the
complex task of redrawing 177 districts in only eight months.*
A new report "When the People Draw the Lines,"
<http://cavotes.org/sites/default/files/jobs/RedistrictingCommission%20Report6122013.pdf>
finds that California's first citizen-led redistricting
commission successfully democratized redistricting in the
state. In fact, among the estimated 1/3 of the voters who
were familiar with the work of the commission, over 66% of
the public approved of the CRC district maps. /[*Note*: This
sentence has been updated by the LWV.]/
The report, commissioned by the League of Women Voters of California
in partnership with The James Irvine Foundation
<http://www.irvine.org>, found that the commission made a concerted
effort to make the process more democratic and nonpartisan. In
particular, the commission effectively gathered input from
Californians through developing a statewide campaign with public
meetings, open databases and online engagement.
*
Read When the People Draw the Lines Redistricting Commission
Report
<http://www.cavotes.org/sites/default/files/jobs/RedistrictingCommission%20Report6122013.pdf>
*
Read the When the People Draw the Lines Redistricting Commission
Executive Summary
<http://www.cavotes.org/sites/default/files/jobs/When%20the%20People%20Draw%20the%20Lines%20Exec%20Summary%2006102013_0.pdf>
*
View the When the People Draw the Lines Redistricting Commission
infographic
<http://www.cavotes.org/sites/default/files/jobs/When%20People%20Draw%20Lines%20Info-graphic%2006102013.pdf>
*
Read the When the People Draw the Lines Fact Sheet
<http://cavotes.org/sites/default/files/jobs/When%20the%20People%20Draw%20the%20Lines%20Fact%20Sheet.pdf>
*
Listen to the 6/12 media teleconference (coming soon)
*
Read more about redistricting
<http://cavotes.org/issues/redistricting-implementation>
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Posted in citizen commissions <http://electionlawblog.org/?cat=7>,
redistricting <http://electionlawblog.org/?cat=6> | Comments Off
"'Walking-Around Money': How Machine Politics Works in America
Today" <http://electionlawblog.org/?p=51529>
Posted on June 12, 2013 10:35 am <http://electionlawblog.org/?p=51529>
by Rick Hasen <http://electionlawblog.org/?author=3>
/The Atlantic/
<http://www.theatlantic.com/politics/archive/2013/06/walking-around-money-how-machine-politics-works-in-america-today/276503/>reports
<http://www.theatlantic.com/politics/archive/2013/06/walking-around-money-how-machine-politics-works-in-america-today/276503/>,
with the subhead: "The practice of handing over cash to turn out votes
used to be an urban Democratic specialty. Are rural Republicans getting
in on the fun?"
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Posted in campaigns <http://electionlawblog.org/?cat=59>, vote buying
<http://electionlawblog.org/?cat=43> | Comments Off
Derfner and Hebert: The Voting Rights Act: Does the City of Boerne
case or the "congruence and proportionality" test have anything to
do with the Voting Rights Act? <http://electionlawblog.org/?p=51525>
Posted on June 12, 2013 8:37 am <http://electionlawblog.org/?p=51525> by
Rick Hasen <http://electionlawblog.org/?author=3>
Armand Derfner and Gerry Hebert have writtenthis guest post
<http://electionlawblog.org/wp-content/uploads/Shelby-County-blog-post-final.pdf>
(available as a pdf) for ELB, which begins:
Much of the debate in the pending Shelby County case centers on
whether the remedy in Section 5 of the Voting Rights Act is
"congruent and proportional" to the evidence of violations, as the
Supreme Court first began requiring in 1997 in City of Boerne v.
Flores. However, simply reading City of Boerne and the cases
following it suggests that this is not the right test for evaluating
the constitutionality of Section 5, and that applying it would be
wholly without precedent.
That may surprise some people who believe -- mistakenly -- that the
Supreme Court has already held that Section 5 must meet a test of
"congruence and proportionality." One such surprised person would be
Chief Justice Roberts, who thought (Tr. Oral Arg. 56) the Court
applied that test in the 2009 case of N.W. Austin MUD v. Holder. One
party in that case did say that test should be applied, but the
Court specifically said it wouldn't address the issue and decided
the case on other grounds
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting
Rights Act <http://electionlawblog.org/?cat=15> | 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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