[EL] ELB News and Commentary 3/9/13

Rick Hasen rhasen at law.uci.edu
Fri Mar 8 16:45:28 PST 2013


    Election Law Blog


    "Obama Voting Rights Act: Administration Planned For Law Being
    Struck Down" <http://electionlawblog.org/?p=48222>

Posted on March 8, 2013 4:17 pm <http://electionlawblog.org/?p=48222> by 
Rick Hasen <http://electionlawblog.org/?author=3>

HuffPo 
<http://www.huffingtonpost.com/2013/03/08/obama-voting-rights-act_n_2839957.html>: 
"If the Obama administration needs a plan to deal 
<http://www.huffingtonpost.com/2013/02/26/supreme-court-voting-rights-act-doj-tom-perez_n_2663863.html> 
with the likely death 
<http://www.huffingtonpost.com/2013/02/27/voting-rights-act-supreme-court_n_2768942.html> 
of a key provision of the Voting Rights Act, it may be able to dust off 
its blueprint from 2009....Unbeknownst to the public, President Barack 
Obama's administration had prepared a statement from Attorney General 
Eric Holder for the possibility that the court would strike down Section 
5. Officials were so surpised the court didn't toss out the section, in 
fact, that an alternative Holder statement 
<http://www.justice.gov/opa/pr/2009/June/09-ag-614.html> --- praising 
the ruling as a 'victory for voting rights in America' --- had to be 
written the day of the decision. A written statement wasn't the only 
thing the administration did to prepare for a possible adverse court 
ruling in 2009. Greg Craig, the White House counsel at the time, 
recalled that his team "worked close with, kept track of, commented on, 
and met with an internal DOJ task force" on the Voting Rights Act issue. 
Other officials confirmed that there was a Voting Rights Working Group 
made up of both Justice Department and White House officials, and 
records show Holder was briefed by the group roughly a month before the 
Supreme Court decision."

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


    "Legislative panel doesn't stop voter purge rule"
    <http://electionlawblog.org/?p=48220>

Posted on March 8, 2013 4:14 pm <http://electionlawblog.org/?p=48220> by 
Rick Hasen <http://electionlawblog.org/?author=3>

AP 
<http://www.palmbeachpost.com/ap/ap/legislative/legislative-committee-mulls-voter-purge-rule/nWkxM/>: 
"DES MOINES, Iowa --- A controversial voting rule targeting immigrants 
without U.S. citizenship will take effect this month after a state 
oversight committee failed to stop it Friday, but activists are 
threating an immediate court fight. The rule, proposed by Secretary of 
State Matt Schultz, establishes a way to remove from voter registration 
lists an individual whose citizenship is questioned. The Republican says 
the change is needed to reduce voter fraud, which he's made his key 
issue, but opponents say the rule intimidates immigrants who are citizens."

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


    Voter Fraud as an Act of "Civil Disobedience?"
    <http://electionlawblog.org/?p=48217>

Posted on March 8, 2013 4:09 pm <http://electionlawblog.org/?p=48217> by 
Rick Hasen <http://electionlawblog.org/?author=3>

The /Baltimore Sun/ reports 
<http://www.baltimoresun.com/news/maryland/bs-md-wendy-rosen-plea-20130308,0,5308462.story> 
that former Maryland Democratic congressional candidate Wendy Rosen pled 
guilty to voter fraud charges for voting in two states. She will serve 
five years probation and pay a $5,000 fine.

"Rosen apologized to campaign supporters Friday but also said she hoped 
the incident would shine a light on what she described as more serious 
examples of voter fraud. She argued that some states take great efforts 
to keep the poor and minorities from voting, for instance. 'What I did 
wasn't right, it wasn't smart, but it was [an act] of civil 
disobedience, not arrogance, and if it somehow ... helps to bring this 
problem to light, it will be worth the pain I've endured over these last 
six months and into the future,' Rosen said in a statement."

Civil disobedience? Perhaps the full statement will make that sound less 
ridiculous than it sounds from this brief quote. If anyone has the full 
statement please send it along.

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<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D48217&title=Voter%20Fraud%20as%20an%20Act%20of%20%E2%80%9CCivil%20Disobedience%3F%E2%80%9D&description=%E2%80%9CObama%20Voting%20Rights%20Act%3A%20Administration%20Planned%20For%20Law%20Being%20Struck%20Down%E2%80%9D%0APosted%20on%20March%208%2C%202013%204%3A17%20pm%20by%20Rick%20Hasen%0A%0AHuffPo%3A%20%E2%80%9CIf%20the%20Obama%20administration%20needs%20a%20plan%20to%20deal%20with%20the%20likely%20death%20of%20a%20key%20provision%20of%20the%20Voting%20Rights%20Act%2C%20it%20may%20be%20able%20to%20dust%20off%20its%20blueprint%20from%202009%E2%80%A6.Unbeknownst%20to%20the%20public%2C%20President%20Barack%20Obama%E2%80%99s%20administration%20had%20prepared%20a%20statement%20from%20Attorney%20General%20Eric%20Holder%20for%20the%20possibility%20that%20the%20court%20would%20strike%20down%20Section%205.%20Officials%20were%20so%20surpised%20the%20court%20didn%E2%80%99t%20toss%20out%20the%20section%2C%20in%20fact%2C%20that%20an%20alternative%20Holder%20statement%20%E2%80%94%20praising%20the%20ruling%20as%20a%20%E2%80%98victory%20for%20voting%20rights%20in%20America%E2%80%99%20%E2%80%94%20had%20to%20be%20written%20the%20day%20of%20the%20decision.%20A%20written%20statement%20wasn%E2%80%99t%20the%20only%20thing%20the%20administration%20did%20to%20prepare%20for%20a%20possible%20adverse%20court%20ruling%20in%202009.%20Greg%20Craig%2C%20the%20White%20House%20counsel%20at%20the%20time%2C%20recalled%20that%20his%20team%20%E2%80%9Cworked%20close%20with%2C%20kept%20track%20of%2C%20commented%20on%2C%20and%20met%20with%20an%20internal%20DOJ%20task%20force%E2%80%9D%20on%20the%20Voting%20Rights%20Act%20issue.%20Other%20officials%20confirmed%20that%20there%20was%20a%20Voting%20Rights%20Working%20Group%20made%20up%20of%20both%20Justice%20Department%20and%20White%20House%20officials%2C%20and%20records%20show%20Holder%20was%20briefed%20by%20the%20group%20roughly%20a%20month%20before%20the%20Supreme%20Court%20decision.%E2%80%9D%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CLegislative%20panel%20doesn%E2%80%99t%20stop%20voter%20purge%20rule%E2%80%9D%0APosted%20on%20March%208%2C%202013%204%3A14%20pm%20by%20Rick%20Hasen%0A%0AAP%3A%20>
Posted in chicanery <http://electionlawblog.org/?cat=12>, The Voting 
Wars <http://electionlawblog.org/?cat=60> | Comments Off


    "Democrats Cry Foul Over Wednesday's Other Filibuster"
    <http://electionlawblog.org/?p=48214>

Posted on March 8, 2013 1:06 pm <http://electionlawblog.org/?p=48214> by 
Rick Hasen <http://electionlawblog.org/?author=3>

NYT's "The Caucus" reports 
<http://thecaucus.blogs.nytimes.com/2013/03/08/democrats-cry-foul-over-wednesdays-other-filibuster/?ref=politics>.

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


    "Obama Choice for Labor Secretary Said to Be Justice's Perez"
    <http://electionlawblog.org/?p=48212>

Posted on March 8, 2013 12:35 pm <http://electionlawblog.org/?p=48212> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Bloomberg 
<http://www.businessweek.com/news/2013-03-08/obama-s-choice-for-labor-secretary-said-to-be-justice-s-perez>: 
"President Barack Obama is close to choosing Thomas Perez, currently the 
assistant U.S. attorney general for civil rights, to be labor secretary, 
according to two people familiar with the matter."

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Posted in Department of Justice <http://electionlawblog.org/?cat=26> | 
Comments Off


    "Proposed N.Y. Regulations On Nonprofits and Elections 'Risk
    Chilling Legitimate Advocacy'" <http://electionlawblog.org/?p=48209>

Posted on March 8, 2013 11:01 am <http://electionlawblog.org/?p=48209> 
by Rick Hasen <http://electionlawblog.org/?author=3>

AFJ press release <http://www.afj.org/press/03082013.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


    "Corporate Political Spending: A Resource"
    <http://electionlawblog.org/?p=48206>

Posted on March 8, 2013 10:44 am <http://electionlawblog.org/?p=48206> 
by Rick Hasen <http://electionlawblog.org/?author=3>

New <http://www.conference-board.org/politicalspending/> from The 
Conference Board.

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


    Brief of Initiative Scholars and Others in Prop 8 Case
    <http://electionlawblog.org/?p=48203>

Posted on March 8, 2013 9:00 am <http://electionlawblog.org/?p=48203> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Here 
<http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/briefs-v2/12-144_resp_amcu_casjap-lp.authcheckdam.pdf>.

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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off


    "Bloody Sunday, the Voting Rights Act, and the Movement of History"
    <http://electionlawblog.org/?p=48200>

Posted on March 8, 2013 8:17 am <http://electionlawblog.org/?p=48200> by 
Rick Hasen <http://electionlawblog.org/?author=3>

The /New Yorker/ reports. 
<http://www.newyorker.com/online/blogs/newsdesk/2013/03/bloody-sunday-the-voting-rights-act-and-the-movement-of-history.html>

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


    "Washington Voting Rights Act advances to state Senate"
    <http://electionlawblog.org/?p=48197>

Posted on March 8, 2013 8:12 am <http://electionlawblog.org/?p=48197> by 
Rick Hasen <http://electionlawblog.org/?author=3>

AP reports 
<http://www.oregonlive.com/politics/index.ssf/2013/03/washington_voting_rights_act_a.html#incart_river>.

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


    "Fairfax GOP fighting to get von Spakovsky back on election board"
    <http://electionlawblog.org/?p=48194>

Posted on March 8, 2013 7:57 am <http://electionlawblog.org/?p=48194> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Watchdog.org reports 
<http://watchdog.org/73258/fairfax-gop-fighting-to-get-von-spakovsky-back-on-election-board/>.

    [Brian] Schoeneman [chosen instead of von Spakovsky] said "Democrats
    may feel they won (in removing von Spakovsky), but there isn't going
    to be a whole lot of daylight between Hans and myself on the issue
    of voter fraud."

    Saying he "doesn't buy the disenfranchisement argument" put up by
    Democrats, Shoeneman asserted, "We ought to make voting at least as
    hard as it is to pick up dry-cleaning."

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
Voting Rights Act <http://electionlawblog.org/?cat=15> | Comments Off


    "Political partisanship mirrors public"
    <http://electionlawblog.org/?p=48191>

Posted on March 8, 2013 7:53 am <http://electionlawblog.org/?p=48191> by 
Rick Hasen <http://electionlawblog.org/?author=3>

USA Today: 
<http://www.usatoday.com/story/news/politics/2013/03/06/partisan-politics-poll-democrats-republicans/1965431/>"Americans 
who blame Washington politicians for the polarization and gridlock of 
the nation's politics might want to look in the mirror: Like the elected 
officials they decry, voters tend to automatically retreat into partisan 
camps even when they disagree with the party line on policy. A USA 
TODAY/Bipartisan Policy Center Poll shows that the officials who have 
been unable to avert the automatic spending cuts known as sequestration 
-- the current debate centers more on who's to blame for them -- in some 
ways reflect constituents who view the opposition party as deeply 
untrustworthy and its positions extreme. Though most Republican and 
Democratic voters say American politics are more polarized than the 
American people are, the findings indicate that on that they're wrong."

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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


    "The Today Show: Obama criticized for ties to lucrative non-profit"
    <http://electionlawblog.org/?p=48188>

Posted on March 8, 2013 7:24 am <http://electionlawblog.org/?p=48188> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Watch 
<http://www.democracy21.org/money-in-politics/press-releases-money-in-politics/the-today-show-obama-criticized-for-ties-to-lucratic-non-profit/>.

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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


    "Obama bundlers closely tied to influence industry"
    <http://electionlawblog.org/?p=48186>

Posted on March 8, 2013 7:23 am <http://electionlawblog.org/?p=48186> by 
Rick Hasen <http://electionlawblog.org/?author=3>

CPI reports 
<http://www.publicintegrity.org/2013/03/08/12279/obama-bundlers-closely-tied-influence-industry>.

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


    "Grassroots, Big Money" <http://electionlawblog.org/?p=48183>

Posted on March 8, 2013 7:21 am <http://electionlawblog.org/?p=48183> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Read David Firestone 
<http://takingnote.blogs.nytimes.com/2013/03/07/grassroots-big-money/> 
on OFA and improper influence over the executive branch.

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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


    "Bad Facts, Sad Story: 86-Year-Old Woman Charged with Voter Fraud"
    <http://electionlawblog.org/?p=48180>

Posted on March 8, 2013 7:18 am <http://electionlawblog.org/?p=48180> by 
Rick Hasen <http://electionlawblog.org/?author=3>

A ChapinBlog 
<http://blog.lib.umn.edu/cspg/electionacademy/2013/03/bad_facts_sad_story_86-year-ol.php>.

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


    "Looking for love online costs election worker Web access"
    <http://electionlawblog.org/?p=48178>

Posted on March 8, 2013 7:17 am <http://electionlawblog.org/?p=48178> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Cincinnati Enquirer 
<http://news.cincinnati.com/apps/pbcs.dll/article?AID=/201303040522/NEWS/303040176>: 
"Ken Spruce was looking for love and it cost him his right to use the 
Internet at work -- plus one day's pay. That's the outcome of 
disciplinary action against the Hamilton County Board of Elections 
employee who repeatedly looked at Match.com during work hours, despite 
being warned not to."

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


    "Bronx Offers Case Study Over Future of Voting Act"
    <http://electionlawblog.org/?p=48176>

Posted on March 8, 2013 7:15 am <http://electionlawblog.org/?p=48176> by 
Rick Hasen <http://electionlawblog.org/?author=3>

NYT 
<http://www.nytimes.com/2013/03/08/nyregion/calls-to-end-voting-rights-act-stir-debate-in-the-bronx.html?pagewanted=all&_r=1&>: 
"Emerging from the bloody protests in Selma, Ala., the Voting Rights Act 
<http://topics.nytimes.com/topics/reference/timestopics/subjects/v/voting_rights_act_1965/index.html?inline=nyt-classifier> 
was initially heralded as a declaration that the federal government 
would no longer tolerate the open racism of the segregated South. But 
this narrow mandate to monitor elections in six Southern states grew 
quietly over the years, extending to unexpected corners of the country, 
including the Bronx."

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<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D48176&title=%E2%80%9CBronx%20Offers%20Case%20Study%20Over%20Future%20of%20Voting%20Act%E2%80%9D&description=%E2%80%9CObama%20Voting%20Rights%20Act%3A%20Administration%20Planned%20For%20Law%20Being%20Struck%20Down%E2%80%9D%0APosted%20on%20March%208%2C%202013%204%3A17%20pm%20by%20Rick%20Hasen%0A%0AHuffPo%3A%20%E2%80%9CIf%20the%20Obama%20administration%20needs%20a%20plan%20to%20deal%20with%20the%20likely%20death%20of%20a%20key%20provision%20of%20the%20Voting%20Rights%20Act%2C%20it%20may%20be%20able%20to%20dust%20off%20its%20blueprint%20from%202009%E2%80%A6.Unbeknownst%20to%20the%20public%2C%20President%20Barack%20Obama%E2%80%99s%20administration%20had%20prepared%20a%20statement%20from%20Attorney%20General%20Eric%20Holder%20for%20the%20possibility%20that%20the%20court%20would%20strike%20down%20Section%205.%20Officials%20were%20so%20surpised%20the%20court%20didn%E2%80%99t%20toss%20out%20the%20section%2C%20in%20fact%2C%20that%20an%20alternative%20Holder%20statement%20%E2%80%94%20praising%20the%20ruling%20as%20a%20%E2%80%98victory%20for%20voting%20rights%20in%20America%E2%80%99%20%E2%80%94%20had%20to%20be%20written%20the%20day%20of%20the%20decision.%20A%20written%20statement%20wasn%E2%80%99t%20the%20only%20thing%20the%20administration%20did%20to%20prepare%20for%20a%20possible%20adverse%20court%20ruling%20in%202009.%20Greg%20Craig%2C%20the%20White%20House%20counsel%20at%20the%20time%2C%20recalled%20that%20his%20team%20%E2%80%9Cworked%20close%20with%2C%20kept%20track%20of%2C%20commented%20on%2C%20and%20met%20with%20an%20internal%20DOJ%20task%20force%E2%80%9D%20on%20the%20Voting%20Rights%20Act%20issue.%20Other%20officials%20confirmed%20that%20there%20was%20a%20Voting%20Rights%20Working%20Group%20made%20up%20of%20both%20Justice%20Department%20and%20White%20House%20officials%2C%20and%20records%20show%20Holder%20was%20briefed%20by%20the%20group%20roughly%20a%20month%20before%20the%20Supreme%20Court%20decision.%E2%80%9D%0AShare%0APosted%20in%20Supreme%20Court%2C%20Voting%20Rights%20Act%09%7C%20Comments%20Off%0A%E2%80%9CLegislative%20panel%20doesn%E2%80%99t%20stop%20voter%20purge%20rule%E2%80%9D%0APosted%20on%20March%208%2C%202013%204%3A14%20pm%20by%20Rick%20Hasen%0A%0AAP%3A%20>
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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