[EL] ELB News and Commentary 3/16/13
Rick Hasen
rhasen at law.uci.edu
Sat Mar 16 17:30:00 PDT 2013
Sleeper Case of the Year? <http://electionlawblog.org/?p=48440>
Posted on March 16, 2013 5:24 pm <http://electionlawblog.org/?p=48440>
by Rick Hasen <http://electionlawblog.org/?author=3>
I'll be anxiously awaiting the release of the transcript Monday in the
Supreme Court oral argument in Arizona v. Inter Tribal Council
<http://www.americanbar.org/publications/preview_home/12-71.html>. In
brief, the question is whether Arizona can refuse to accept a simple
federal form for voter registration (which Congress in the 1993 National
Voter Registration Act required states to accept), on grounds Congress
has exceeded its constitutional power under the Elections Clause
<http://en.wikipedia.org/wiki/Article_One_of_the_United_States_Constitution#Section_4:_Congressional_elections>
to "make or alter" state rules for congressional voting.
I'll be writing more aboutthe case
<http://www.scotusblog.com/case-files/cases/arizona-v-the-inter-tribal-council-of-arizona-inc/>after
I read the transcript, but at this point I can say the following: This
is one of those cases where if the Supreme Court affirms the result in
this case (that Arizona must accept the federal form), it will be no big
deal, but if the Court reverses it would mark a major change in U.S.
election law. Many earlier Supreme Court cases noted Congress's broad
power to set rules for federal elections. For example, here's the Court
in the 1997 case, /Foster v. Love:/
<http://www.law.cornell.edu/supct/html/96-670.ZO.html>
The Elections Clause of the Constitution, Art. I, §4, cl. 1,
provides that "[t]he Times, Places and Manner of holding Elections
for Senators and Representatives, shall be prescribed in each State
by the Legislature thereof; but the Congress may at any time by Law
make or alter such Regulations." The Clause is a default provision;
it invests the States with responsibility for the mechanics of
congressional elections, see Storer v. Brown, 415 U.S. 724
<http://www.law.cornell.edu/supct-cgi/get-us-cite?415+724>, 730
(1974), b*ut only so far as Congress declines to pre-empt state
legislative choices, see Roudebush v. Hartke, 405 U.S. 15
<http://www.law.cornell.edu/supct-cgi/get-us-cite?405+15>, 24 (1972)
("Unless Congress acts, Art. I, §4, empowers the States to
regulate"). Thus it is well settled that the Elections Clause grants
Congress "the power to override state regulations" by establishing
uniform rules for federal elections, binding on the States. U.S.
Term Limits, Inc. v. Thornton, 514 U.S. 779
<http://www.law.cornell.edu/supct-cgi/get-us-cite?514+779>,
832---833 (1995). "[T]he regulations made by Congress are paramount
to those made by the State legislature; and if they conflict
therewith, the latter, so far as the conflict extends, ceases to be
operative." Ex parte Siebold, 100 U.S. 371
<http://www.law.cornell.edu/supct-cgi/get-us-cite?100+371>, 384 (1880).*
(My emphasis.) A contrary ruling in the /Arizona /case would alter the
state-federal balance over federal elections and give states a greater
ability to manipulate election rules for partisan reason, something
especially dangerous in the era of the Voting Wars
<http://www.amazon.com/Voting-Wars-Florida-Election-Meltdown/dp/0300182031/ref=sr_1_cc_2?s=aps&ie=UTF8&qid=1329286945&sr=1-2-catcorr>---not
to mention preventing Congress from imposing uniform voting standards in
the U.S., such as the requirement that we elect all members of Congress
from single-member districts.
In case you are interested, here is the Question presented: "Did the
court of appeals err 1) in creating a new, heightened preemption test
under Article I, Section 4, Clause 1 of the U.S. Constitution ("the
Elections Clause") that is contrary to this Court's authority and
conflicts with other circuit court decisions, and 2) in holding that
under that test the National Voter Registration Act preempts an Arizona
law that requests persons who are registering to vote to show evidence
that they are eligible to vote?"
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Posted in election administration <http://electionlawblog.org/?cat=18>,
Elections Clause <http://electionlawblog.org/?cat=70>, Voting Rights Act
<http://electionlawblog.org/?cat=15> | Comments Off
"Former Riverbank mayor contests bill for recount"
<http://electionlawblog.org/?p=48437>
Posted on March 15, 2013 8:22 pm <http://electionlawblog.org/?p=48437>
by Rick Hasen <http://electionlawblog.org/?author=3>
The /Modesto Bee /reports.
<http://www.modbee.com/2013/03/14/2622408/former-riverbank-mayor-contests.html>
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Posted in election administration <http://electionlawblog.org/?cat=18>,
recounts <http://electionlawblog.org/?cat=50> | Comments Off
"DFLers contol Minnesota Capitol but election overhaul ideas need
GOP support" <http://electionlawblog.org/?p=48434>
Posted on March 15, 2013 8:08 pm <http://electionlawblog.org/?p=48434>
by Rick Hasen <http://electionlawblog.org/?author=3>
The /Star-Tribune/ reports.
<http://www.startribune.com/politics/198559731.html?src=news-stmp>
Share
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"Shame On Maryland's State Board Of Elections"
<http://electionlawblog.org/?p=48431>
Posted on March 15, 2013 5:10 pm <http://electionlawblog.org/?p=48431>
by Rick Hasen <http://electionlawblog.org/?author=3>
Jim Snider blogs
<http://www.eyeonannapolis.net/2013/03/15/shame-on-marylands-state-board-of-elections/>.
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Posted in election administration <http://electionlawblog.org/?cat=18> |
Comments Off
Keynoting at Mar. 23 U. Va. Conference on The Voting Wars: Elections
and the Law from Registration to Inauguration
<http://electionlawblog.org/?p=48420>
Posted on March 15, 2013 3:15 pm <http://electionlawblog.org/?p=48420>
by Rick Hasen <http://electionlawblog.org/?author=3>
There's a great lineup of speakers at two panels, and I'll be giving a
presentation on my book, /The Voting Wars/
<http://www.amazon.com/Voting-Wars-Florida-Election-Meltdown/dp/0300182031/ref=sr_1_cc_2?s=aps&ie=UTF8&qid=1329286945&sr=1-2-catcorr>,
updated to take 2012 development
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2182857>s into
account. Here's the flyer.
s13_voterwars_big-1
<http://electionlawblog.org/wp-content/uploads/s13_voterwars_big-14.png>
Share
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
Must-read Lyle Denniston Preview of Arizona Elections Case
<http://electionlawblog.org/?p=48416>
Posted on March 15, 2013 7:50 am <http://electionlawblog.org/?p=48416>
by Rick Hasen <http://electionlawblog.org/?author=3>
I had been hoping to do my own write-up on this very important case, but
writing, teaching and grading commitments have overwhelmed me the last
few weeks.
You won't do better than this comprehensive and insightful analysis
<http://www.scotusblog.com/2013/03/argument-preview-election-integrity-or-voter-suppression/>of
the issues in the Arizona case from Lyle Denniston at SCOTUSBlog. This
could be the sleeper case of the year.
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Posted in Elections Clause <http://electionlawblog.org/?cat=70>, 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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