[EL] ELB News and Commentary: 6/27/13
Justin Levitt
levittj at lls.edu
Thu Jun 27 17:04:03 PDT 2013
Advancement Project testimony on Florida lines
<http://electionlawblog.org/?p=52338>
Posted onJune 27, 2013 5:01 pm
<http://electionlawblog.org/?p=52338>byJustin Levitt
<http://electionlawblog.org/?author=4>
Here's asummary of Advancement Project testimony
<http://www.advancementproject.org/news/entry/voters-of-color-faced-longest-wait-times-in-florida>showing
the disparate impact of lines in the 2012 election, based on research by
Dan Smith and Michael Herron. The testimony has been submitted to the
Presidential Commission on Election Administration for itsmeeting
tomorrow (Friday) in Coral Gables, FL <http://electionlawblog.org/?p=52218>.
Andhere's the testimony itself
<http://b.3cdn.net/advancement/c6b7b9897418a7c930_o2m6iv5vl.pdf>.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
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NH voter ID modification passes <http://electionlawblog.org/?p=52336>
Posted onJune 27, 2013 5:00 pm
<http://electionlawblog.org/?p=52336>byJustin Levitt
<http://electionlawblog.org/?author=4>
New Hampshire's legislature approves (and the Governor is expected to
sign) a modification to last year's voter ID law. Perthis article
<http://www.vnews.com/news/state/region/7189646-95/voter-id-compromise-medical-marijuana-approved-in-nh>:
The voter ID law enacted in 2012 included several changes that were
to effect this September, including a shorter list of acceptable
forms of ID and a requirement that voters without an ID, who already
must fill out an affidavit, be photographed by election workers as well.
But under a compromise worked out last week by negotiators from the
House and Senate, student IDs will remain valid forms of
identification at the polls, voters 65 and over will be able to use
expired driver's licenses to vote and the photo-taking requirement
will be delayed until 2015.
As I keep saying every time a question arises, ID laws are not all the
same. The details matter.
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Posted invoter id <http://electionlawblog.org/?cat=9> |Comments Off
Shelby County and turnout stats <http://electionlawblog.org/?p=52334>
Posted onJune 27, 2013 4:55 pm
<http://electionlawblog.org/?p=52334>byJustin Levitt
<http://electionlawblog.org/?author=4>
Soon-to-be Indiana U. political scientist Bernard Fraga
discussescomparative racial and ethnic turnout
<http://themonkeycage.org/2013/06/27/the-scotus-majority-is-missing-exactly-what-the-vra-sought-to-remedy/>,
finding that midterm elections and county-level data tell a different
story than statewide numbers in presidential years.
To give the overall conclusions context, it helps to understandhis
findings
<http://scholar.harvard.edu/bfraga/publications/candidates-or-influence>that
"minority turnout is/not/higher in districts with minority candidates,
after accounting for the relative size of the ethnic group within a
district. Instead, Black and Latino citizens are more likely to vote in
both primary and general elections as their share of the electorate
increases,/regardless of candidate race/."
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Posted invoting <http://electionlawblog.org/?cat=31>,Voting Rights Act
<http://electionlawblog.org/?cat=15> |Comments Off
Fred Woocher on the unusual Prop 8 coalition
<http://electionlawblog.org/?p=52330>
Posted onJune 27, 2013 4:46 pm
<http://electionlawblog.org/?p=52330>byJustin Levitt
<http://electionlawblog.org/?author=4>
On the election law listserv, Fred shared his thoughts on the unusual
composition of the majority in the Prop 8 case. Reprinted by Rick's
request, with Fred's permission:
With apologies if this is a little late or off-topic, but after
having had a chance last night to read the Prop 8 opinions and
reflect upon the rather unusual alignment of the Justices, I was
wondering if anyone had any thoughts or had seen any
analysis/speculation as to what the alignment of the majority and
dissenting Justices might have indicated with respect to the likely
outcome of the case on the merits, had the Court reached that issue.
For example, Justice Scalia, who joined in the majority opinion, is
not normally one who favors an expansive interpretation of federal
standing, so it might not necessarily have been surprising to see
him sign onto Roberts' opinion. But Ginsburg, Kagan, and Breyer?
They would generally be expected to adopt a more liberal position on
access to the federal courts; their votes appear to be more
supportive of the outcome that results from denying standard in this
case, effectively overturning Prop 8. Conversely, one would not
normally associate Justices Thomas and Alito with an expansive view
of standing, and one is left to wonder whether their votes joining
Kennedy's dissent were likewise more outcome-oriented, objecting to
the fact that the result of the majority's opinion would be to leave
the District Court's opinion in place invalidating Prop 8.
Continue reading? <http://electionlawblog.org/?p=52330#more-52330>
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Posted inSupreme Court <http://electionlawblog.org/?cat=29> |Comments Off
Supreme Court vacates pending Texas preclearance appeals
<http://electionlawblog.org/?p=52328>
Posted onJune 27, 2013 4:43 pm
<http://electionlawblog.org/?p=52328>byJustin Levitt
<http://electionlawblog.org/?author=4>
The appeals on bothphoto ID and redistricting
<http://www.supremecourt.gov/orders/courtorders/062713zr_c0nd.pdf> were
vacated in the wake of/Shelby County/. The photo ID law is now legally
operative (though challenged innew litigation filed yesterday
<http://electionlawblog.org/?p=52253>). The redistricting maps were
superseded yesterday when Governor Perrysigned a new plan into law
<http://electionlawblog.org/?p=52280>.
Though the findings of the DC preclearance court will have no binding
legal effect on future litigation, I'd expect the underlying facts
behind the court's discussion of discriminatory intent in the
redistricting case to make a reappearance, even when applied to a new
plan in a new legislative session.
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Posted inredistricting <http://electionlawblog.org/?cat=6>,voter id
<http://electionlawblog.org/?cat=9>,Voting Rights Act
<http://electionlawblog.org/?cat=15> |Comments Off
"The 2013 Running Of The Interns" <http://electionlawblog.org/?p=52326>
Posted onJune 27, 2013 4:42 pm
<http://electionlawblog.org/?p=52326>byJustin Levitt
<http://electionlawblog.org/?author=4>
Andstill another intriguing angle
<http://www.buzzfeed.com/bennyjohnson/the-2013-running-of-the-interns/>on the
consequences of/Shelby County/. Perhaps it's just me (certainly, it's
just me), but after repeatedly seeing major news sites depict the
release of each opinion this week with a different picture of an intern
sprinting out of the Court, I'm delighted that theinterns finally get
their own story
<http://www.buzzfeed.com/bennyjohnson/the-2013-running-of-the-interns/>.
Playing the "suggested soundtrack" will immeasurably enhance your
experience perusing the remainder of the page.
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Posted inelection law "humor"
<http://electionlawblog.org/?cat=52>,Supreme Court
<http://electionlawblog.org/?cat=29>,Voting Rights Act
<http://electionlawblog.org/?cat=15> |Comments Off
"N.M. was affected by Voting Rights Act"
<http://electionlawblog.org/?p=52324>
Posted onJune 27, 2013 4:41 pm
<http://electionlawblog.org/?p=52324>byJustin Levitt
<http://electionlawblog.org/?author=4>
One of the few articles
<http://www.abqjournal.com/main/214658/news/nm-was-affected-by-voting-rights-act.html>I've
seen recently discussing the section 3 "bail-in" mechanism. This piece
discusses New Mexico's experience with preclearance.
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
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"Don't forget the Census Bureau's prison miscount when fixing
Section 4 of the Voting Rights Act"
<http://electionlawblog.org/?p=52322>
Posted onJune 27, 2013 4:41 pm
<http://electionlawblog.org/?p=52322>byJustin Levitt
<http://electionlawblog.org/?author=4>
Some intriguing maps atPrisoners of the Census
<http://www.prisonersofthecensus.org/news/20130626/vra/>, comparing
jurisdictions with less than 50% turnout in 2012 to jurisdictions with
incarcerated populations.
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Voting Rights
Act <http://electionlawblog.org/?cat=15> |Comments Off
"Reading Congressional Tea Leaves from the 2006 Renewal of the
Voting Rights Act" <http://electionlawblog.org/?p=52320>
Posted onJune 27, 2013 4:40 pm
<http://electionlawblog.org/?p=52320>byJustin Levitt
<http://electionlawblog.org/?author=4>
Sarah Binderdigs into the voting patterns
<http://wallstreetpit.com/100495-reading-congressional-tea-leaves-from-the-2006-renewal-of-the-voting-rights-act/>on
the 2006 VRA renewal process to forecast Congressional action going forward.
And The Post's The Fix discusses thedifficult political road for Obama
<http://www.washingtonpost.com/blogs/the-fix/wp/2013/06/26/why-the-supreme-courts-voting-rights-act-decision-puts-obama-in-a-tough-spot/>.
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Posted inlegislation and legislatures
<http://electionlawblog.org/?cat=27>,Voting Rights Act
<http://electionlawblog.org/?cat=15> |Comments Off
Rep. Sensenbrenner On VRA: "Threat Of Discrimination Still Exists"
<http://electionlawblog.org/?p=52318>
Posted onJune 27, 2013 4:40 pm
<http://electionlawblog.org/?p=52318>byJustin Levitt
<http://electionlawblog.org/?author=4>
TPM has the quote
<http://livewire.talkingpointsmemo.com/entry/sensenbrenner-on-vra-threat-of-discrimination-still-exists>:
". . . Section 5 of the Act was a bipartisan effort to rectify past
injustices and ensure minorities' ability to participate in elections,
but the threat of discrimination still exists. I am disappointed by the
Court's ruling, but my colleagues and I will work in a bipartisan
fashion to update Section 4 to ensure Section 5 can be properly
implemented to protect voting rights, especially for minorities. This is
going to take time and will require members from both sides of the aisle
to put partisan politics aside and ensure Americans' most sacred right
is protected."
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
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Shelby County v. DOMA, Part II <http://electionlawblog.org/?p=52316>
Posted onJune 27, 2013 4:40 pm
<http://electionlawblog.org/?p=52316>byJustin Levitt
<http://electionlawblog.org/?author=4>
The money quote ofthis piece
<http://www.vice.com/read/states-rights-cut-both-ways-at-the-supreme-court>:
" Framing an issue---any issue---in terms of states' rights obscures the
fact that a bedrock purpose of any decent political system is to protect
the rights of individuals, and to soften the sharp edges of popular
democracy by curbing laws and policies that seek to punish marginal
groups just because they're perceived as weird and different. States'
rights are a double-edged sword, but civil rights cut only one way."
Morehere
<http://www.vice.com/read/states-rights-cut-both-ways-at-the-supreme-court>.
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>,Voting
Rights Act <http://electionlawblog.org/?cat=15> |Comments Off
"Conservative Constitutional Hypocrisy"
<http://electionlawblog.org/?p=52314>
Posted onJune 27, 2013 4:39 pm
<http://electionlawblog.org/?p=52314>byJustin Levitt
<http://electionlawblog.org/?author=4>
Eric Schnurer'spiece on originalism and/Shelby County/begins
<http://www.usnews.com/opinion/articles/2013/06/27/conservative-supreme-court-justices-hypocritical-on-voting-rights>:
Most reaction to this week's Supreme Court ruling on the Voting
Rights Act will center on whether the court was right that the law
(or at least its Section 5) is outdated. But under the approach long
advocated by the court's majority that very argument is itself outdated.
The conservative vision of an unchanging Constitution -- that means
for all time what the Framers meant when they wrote it -- has
triumphed on the court, in which case, it doesn't matter whether
times have changed and the VRA is "outdated." If it was
constitutional when adopted, it should still be constitutional
today. In short, the VRA's invalidation by those who trumpet
conservative values is really about just one thing: hypocrisy.
Morehere
<http://www.usnews.com/opinion/articles/2013/06/27/conservative-supreme-court-justices-hypocritical-on-voting-rights>.
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>,Voting
Rights Act <http://electionlawblog.org/?cat=15> |Comments Off
Even more reactions to Shelby County
<http://electionlawblog.org/?p=52312>
Posted onJune 27, 2013 4:39 pm
<http://electionlawblog.org/?p=52312>byJustin Levitt
<http://electionlawblog.org/?author=4>
Sherrilyn Ifill
<http://www.theroot.com/views/voting-rights-ruling-shameful-decision>George
Will
<http://triblive.com/opinion/georgewill/4263409-74/section-act-court#axzz2XSSTMhrj>
SEIU
<http://www.seiu.org/2013/06/a-terrible-day-for-democracy-supreme-court-eviscer.php>Arizona
Republic
<http://www.azcentral.com/opinions/articles/20130625law-shackled-past.html>Jewish
Daily Forward
<http://forward.com/articles/179301/jewish-groups-blast-top-court-over-decision-on-vot/>
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
|Comments Off
Speaking of data <http://electionlawblog.org/?p=52309>
Posted onJune 27, 2013 10:36 am
<http://electionlawblog.org/?p=52309>byJustin Levitt
<http://electionlawblog.org/?author=4>
Adam Ambrogi at the Democracy Fundposts here
<http://www.democracyfund.org/blog/entry/of-post-election-audits-and-plaudits1>about
apost-election audit
<http://www.philadelphiacontroller.org/publications/audits/ProvisionalBallotsAudit_2012PresidentialElection.pdf>by
the Philadelphia City Controller's office.
I haven't had the chance to read the report yet, but I gather that it's
not the sort ofaudit to check that election tallies accurately reflect
the votes cast
<http://www.brennancenter.org/publication/post-election-audits-restoring-trust-elections>(which
is itself a great idea). Instead, it's more like a forensic examination
of an election process, to try to figure out (in this case)why so many
provisional ballots
<http://www.democracyfund.org/blog/entry/of-post-election-audits-and-plaudits1>were
cast, and whether recurring factors lead to recurring problems, which
can then be targeted for a fix.
I don't know enough about the Philadelphia report to comment on the
methodology one way or another, but I can't recommend the instinct
behind this sort of deep dive on the facts strongly enough. There's so
much that we (still) don't know about snarls in the election process,
and it's only through this sort of commitment to take a hard look at the
process that will let local administrators best target their resources
at making things smoother for everyone.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
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EAC Going Out of Business Sale? <http://electionlawblog.org/?p=52306>
Posted onJune 27, 2013 10:26 am
<http://electionlawblog.org/?p=52306>byJustin Levitt
<http://electionlawblog.org/?author=4>
In my mind, Exhibits A and B for keeping (and strengthening) the federal
Election Assistance Commission arrived this morning.
Draft data from the2012 Election Administration and Voting Survey
<http://www.eac.gov/research/election_administration_and_voting_survey.aspx>---
our best national source of data to date about the state of elections in
the country --- is up at the EAC site.
And the EAC also released its biennial (2011-2012)report under the NVRA
<http://www.eac.gov/registration-data/>, with substantial amounts of
data on voter registration.
(h/t, as always, toDoug Chapin
<http://blog.lib.umn.edu/cspg/electionacademy/2013/06/new_2012_eac_data_available.php>)
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,Election Assistance Commission
<http://electionlawblog.org/?cat=34>,voter registration
<http://electionlawblog.org/?cat=37> |Comments Off
TIGTA response to Rep. Levin about scope of IRS exempt organization
audit <http://electionlawblog.org/?p=52304>
Posted onJune 27, 2013 10:25 am
<http://electionlawblog.org/?p=52304>byJustin Levitt
<http://electionlawblog.org/?author=4>
The webs are on fire this morning with news of theTIGTA response
<http://www.docstoc.com/docs/159603767/tigta-letter>tothis Levin letter
<http://electionlawblog.org/?p=52284>. And (from an entirely
unscientific sample) the vast majority of them have headlines along the
lines of the one in The Hill: "Treasury IG: Liberal groups weren't
targeted by IRS like Tea Party
<http://thehill.com/blogs/on-the-money/domestic-taxes/308131-ig-liberal-groups-not-targeted-like-tea-party>."
While technically correct, I think this is an odd way to present the
information in the letter: inflammatory (and so I understand it), but
potentially misleading. The letter itself is here
<http://www.docstoc.com/docs/159603767/tigta-letter>. It says that the
words "Tea Party" (and "9/12? and "Patriots") were used as criteria to
flag organizations as potential political cases, and trigged increased
scrutiny. Words like "Progressives" were not, although groups with
"progress" or "progressive" in their names were included (presumably for
other reasons).
To be clear, like many others, I think that screening based on the name
(or espoused beliefs) of an organization is wrong, no matter what the
ideological valence of the organization and no matter whether the screen
effectively leads to non-c4 activity or not. (To the point on
effectiveness: the TIGTA letter also says that of the 296 reviews
flagged as potential political cases, about 200 showed indications of
significant political campaign intervention (which apparently should
have triggered further screening under IRS regs); of (an unknown number
of) samplesnotflagged as potential political cases, more than 175 showed
indications of significant political campaign intervention, which
apparentlyshouldhave gotten them flagged.)
But the TIGTA letter doesn't say anything about whether liberal or
progressive groups were or weren't targeted to the same extent that
groups aligned with the Tea Party were targeted. It says that the
phrase "Tea Party" was used (improperly) as a criterion for targeting,
and that the word "Progressives" was not. The focus on political
valence rather than particular words may be gold for the media, but it
does not necessarily glitter.
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Posted intax law and election law <http://electionlawblog.org/?cat=22>
|Comments Off
Center for Competitive Politics on Werfel's IRS report and the "Path
2? forward <http://electionlawblog.org/?p=52301>
Posted onJune 27, 2013 10:23 am
<http://electionlawblog.org/?p=52301>byJustin Levitt
<http://electionlawblog.org/?author=4>
Joe Trotterblogs here
<http://www.campaignfreedom.org/2013/06/26/irs-on-wrong-track-on-reforms-to-prevent-repeat-of-targeting-scandal/>,
with a letter to Werfelhere
<http://www.campaignfreedom.org/wp-content/uploads/2013/06/2013-06-27_Keating-Letter-To-Werfel_IRS_Issues-In-Werfel-Report.pdf>,
focusing largely on the "Path 2? suggestion for resolving the
applications for tax-exemptions of organizations held up in screening as
"potential political cases."
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Posted intax law and election law <http://electionlawblog.org/?cat=22>
|Comments Off
An underrecognized bureaucratic hurdle to get photo ID
<http://electionlawblog.org/?p=52299>
Posted onJune 27, 2013 10:22 am
<http://electionlawblog.org/?p=52299>byJustin Levitt
<http://electionlawblog.org/?author=4>
It's an anecdote involving a renegade DMV clerk, yes. But it happened.
Andnow you can add "Pap smear"
<http://gawker.com/georgia-makes-mother-prove-shes-a-woman-to-get-new-bir-585089550>to
the list of prerequisites.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,voter id
<http://electionlawblog.org/?cat=9> |Comments Off
Al Jazeera's take on the last three days of the term
<http://electionlawblog.org/?p=52297>
Posted onJune 27, 2013 10:22 am
<http://electionlawblog.org/?p=52297>byJustin Levitt
<http://electionlawblog.org/?author=4>
The programincludes/Shelby County/
<http://www.aljazeera.com/programmes/insidestoryamericas/2013/06/201362793348429649.html>.
Guests include Spencer Overton and Doug Spencer.
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>,Voting
Rights Act <http://electionlawblog.org/?cat=15> |Comments Off
"How to protect minority votes after the Voting Rights decision"
<http://electionlawblog.org/?p=52295>
Posted onJune 27, 2013 10:22 am
<http://electionlawblog.org/?p=52295>byJustin Levitt
<http://electionlawblog.org/?author=4>
Krist Novoselicconnects the world beyond Shelby County
<http://www.salon.com/2013/06/27/krist_novoselic_how_to_protect_minority_votes_after_the_voting_rights_decision/>to
the world beyond single-member plurality districts.
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Posted inalternative voting systems
<http://electionlawblog.org/?cat=63>,redistricting
<http://electionlawblog.org/?cat=6>,Voting Rights Act
<http://electionlawblog.org/?cat=15> |Comments Off
Reactions to Shelby County: Abby Thernstrom
<http://electionlawblog.org/?p=52292>
Posted onJune 27, 2013 9:13 am
<http://electionlawblog.org/?p=52292>byJustin Levitt
<http://electionlawblog.org/?author=4>
Abby's op-ed
<http://online.wsj.com/article/SB10001424127887323873904578569453308090298.html?mod=ITP_opinion_0>appears
to be behind the WSJ paywall, but it begins...
The Supreme Court did itself proud on Tuesday when it struck down
Section 4 of the Voting Rights Act. That is the provision of the law
containing the formula that determined which jurisdictions should be
kept in the penalty box for suspected discrimination---even after
nearly half a century of dramatic and heartening racial progress.
While passage of the 1965 act marked the death knell of the Jim Crow
South, the elimination of one of the act's obsolete provisions this
week reflects the progress since.
Morehere
<http://online.wsj.com/article/SB10001424127887323873904578569453308090298.html?mod=ITP_opinion_0>.
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
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--
Justin Levitt
Associate Professor of Law
Loyola Law School | Los Angeles
919 Albany St.
Los Angeles, CA 90015
213-736-7417
justin.levitt at lls.edu
ssrn.com/author=698321
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