[EL] ELB News and Commentary 5/10/13
Rick Hasen
rhasen at law.uci.edu
Fri May 10 07:39:49 PDT 2013
"How We Register" <http://electionlawblog.org/?p=50112>
Posted on May 10, 2013 7:37 am <http://electionlawblog.org/?p=50112> by
Rick Hasen <http://electionlawblog.org/?author=3>
Hotline on Call
<http://www.nationaljournal.com/blogs/hotlineoncall/2013/05/how-we-register-09>takes
a look.
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Posted in voter registration <http://electionlawblog.org/?cat=37> |
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"A Bad Idea" <http://electionlawblog.org/?p=50109>
Posted on May 10, 2013 7:32 am <http://electionlawblog.org/?p=50109> by
Rick Hasen <http://electionlawblog.org/?author=3>
Josh Marshall
<http://talkingpointsmemo.com/archives/2013/05/a_bad_idea.php?ref=fpblg>doesn't
want non-citizen voting in NYC.
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Posted in voting <http://electionlawblog.org/?cat=31> | Comments Off
"A New Recipe for Election Reform"
<http://electionlawblog.org/?p=50106>
Posted on May 10, 2013 7:30 am <http://electionlawblog.org/?p=50106> by
Rick Hasen <http://electionlawblog.org/?author=3>
Bauer and Potter WaPo oped
<http://www.washingtonpost.com/opinions/a-new-recipe-for-campaign-finance-reform/2013/05/09/bfb2a1d0-b80b-11e2-b94c-b684dda07add_story.html>:
Four decades after the campaign finance reforms that followed
Watergate, arguments over the role of money in politics seem
increasingly tired and unproductive. We ought to build on the
experience of recent years and consider what's necessary for a new
phase of political reform.
Reforms appear destined to fail unless they rest on three key
points: They should focus not on further restricting funding for
political activity but rather on broadening avenues of citizen
participation; they should look beyond contributions to parties and
candidates to take into account other ways that money influences
politics, including through the intersection of lobbying and
political funding; and they should be informed by the experiences of
states and localities.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
lobbying <http://electionlawblog.org/?cat=28> | Comments Off
"Bill would curb the power of lower court judges to block
potentially unconstitutional legislation"
<http://electionlawblog.org/?p=50103>
Posted on May 10, 2013 7:24 am <http://electionlawblog.org/?p=50103> by
Rick Hasen <http://electionlawblog.org/?author=3>
News
<http://host.madison.com/ct/news/local/writers/jessica_vanegeren/bill-would-curb-the-power-of-lower-court-judges-to/article_8d171998-b7fe-11e2-8a30-001a4bcf887a.html>from
Wisconsin:
Three times over the past two years, signature portions of
Republican-passed legislation have been blocked from immediately
taking effect because a Dane County Circuit Court judge found the
statutes to be unconstitutional.
The rulings against statutes that limited collective bargaining for
public employees (Act 10), expanded the governor's power over
administrative rules and would require voters to show a photo ID at
the polls have drawn vociferous criticism from Republicans against
"liberal, activist" judges on the Dane County bench.
Companion bills introduced in April by Republicans in both houses of
the Legislature suggest members of the ruling party have had enough.
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Posted in voter id <http://electionlawblog.org/?cat=9> | Comments Off
"The Geography of Discrimination in Voting: MRP Meets the VRA"
<http://electionlawblog.org/?p=50100>
Posted on May 10, 2013 7:22 am <http://electionlawblog.org/?p=50100> by
Rick Hasen <http://electionlawblog.org/?author=3>
Chris Elmendorf and Doug Spencer have postedthis draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2262954> on SSRN,
and it is potentially relevant to the /Shelby County /Voting Rights Act
case pending before the Supreme Court. Here is the abstract:
The geography of voter discrimination---that is, the tendency of
voters within different geographic units to discriminate against
minority candidates on the basis of the candidate's race---is of
central importance to the adjudication of claims under Section 2 of
the Voting Rights Act, and to the constitutionality of Section 5. To
date, however, efforts to create fine-grained estimates of the
geography of voter discrimination have been hindered by the modest
sample sizes of national surveys. Using multilevel regression with
post-stratification, we create estimates of anti-black stereotyping
at the state and county level, and we show how these estimates can
be used to evaluate (or redesign) the coverage formula for Section 5
of the Voting Rights Act, and to implement Section 2. Among our
principal conclusions is that the coverage formula for Section 5 is
remarkably well tailored to the geography of anti-black prejudice.
If the Supreme Court invalidates the coverage formula in Shelby
County v. Holder, Congress could re-enact a substantially similar
formula on the basis of our findings. Note to readers: due to some
delays in obtaining data, we are not able to include county-level
results in this draft. We are posting this incomplete draft because
of the timeliness of the state-level results for Shelby County and
potential congressional responses.
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Posted in Voting Rights Act <http://electionlawblog.org/?cat=15> |
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"Exit, Voice and Disloyalty" <http://electionlawblog.org/?p=50098>
Posted on May 10, 2013 7:20 am <http://electionlawblog.org/?p=50098> by
Rick Hasen <http://electionlawblog.org/?author=3>
Heather Gerken has posted this draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2255147>on SSRN
(/Duke Law Journal/). Here is the abstract:
Much of constitutional theory is preoccupied with a single question:
What does a democracy owe its minorities? And most of the answers to
this question fit naturally into the two categories Albert Hirschman
made famous: voice and exit. On both the rights side and the
structural side of constitutional theory, scholars worry about
providing minorities with an adequate level of influence. And the
solutions they propose almost inevitably offer minorities a chance
at voice or exit, as if no other option exists. The First Amendment,
for instance, offers minorities the right to free speech (voice) and
private association (exit).
Exit and voice are not, however, the only options available to a
minority group seeking influence. That's because much of the
nation's administrative structure looks more like Tocqueville's
democracy than Weber's bureaucracy. In our highly decentralized and
partially politicized system, minorities can wield influence over
national policy because they routinely administer it. State
officials regularly run federal programs, often with governors and
state legislators serving nominally bureaucratic roles. Federal
policy is often implemented by local juries and local prosecutors,
state and local school boards, and state-created agencies. Because
national minorities often constitute local majorities in the United
States, these institutional arrangements ensure that those with
outlier views help set federal policy. Voice and exit thus aren't
the only paths of influence for minorities. Minorities can also
exercise agency in their ongoing quarrel with the center because
they are often the center's agents.
Retooling Hirschman's frame to include agency, then, doesn't just
draw our attention to an underappreciated avenue of minority
influence. It raises questions as to why voice and exit have
entirely dominated constitutional theory --- why scholars who are
interested in minority empowerment have overlooked the role that
administrative arrangements can play in furthering that goal.
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Posted in theory <http://electionlawblog.org/?cat=41> | Comments Off
"Count Inmates In Hometowns, Not In Cells"
<http://electionlawblog.org/?p=50095>
Posted on May 10, 2013 7:17 am <http://electionlawblog.org/?p=50095> by
Rick Hasen <http://electionlawblog.org/?author=3>
Tom Condon has this column
<http://www.courant.com/news/opinion/hc-op-condon-place-inmates-census-0509-20130508,0,7061586.column>
in the /Hardford Courant./
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Posted in redistricting <http://electionlawblog.org/?cat=6> | Comments Off
"Christie vetoes early voting bill, angering Democrats"
<http://electionlawblog.org/?p=50091>
Posted on May 9, 2013 3:50 pm <http://electionlawblog.org/?p=50091> by
Rick Hasen <http://electionlawblog.org/?author=3>
NJ.com reports
<http://www.nj.com/politics/index.ssf/2013/05/christie_vetoes_early_voting_b.html>.
Here's the governor's veto statement
<http://electionlawblog.org/wp-content/uploads/veto-S-2364AV.pdf>.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>, voting
<http://electionlawblog.org/?cat=31> | Comments Off
"Republican FEC Commissioners Say Keep Commission Broken"
<http://electionlawblog.org/?p=50089>
Posted on May 9, 2013 3:48 pm <http://electionlawblog.org/?p=50089> by
Rick Hasen <http://electionlawblog.org/?author=3>
Think Progress responds
<http://thinkprogress.org/justice/2013/05/09/1987411/republican-fec-commissioners-say-keep-commission-broken/>
to the McGahn-Hunter-Petersen Politico oped.
<http://www.politico.com/story/2013/05/hard-truths-of-campaign-finance-91084.html>
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Small Donors May Make Politics Even Worse"
<http://electionlawblog.org/?p=50086>
Posted on May 9, 2013 3:43 pm <http://electionlawblog.org/?p=50086> by
Rick Hasen <http://electionlawblog.org/?author=3>
New Ezra Klein column
<http://www.bloomberg.com/news/2013-05-08/small-donors-may-make-politics-even-worse.html>.
If I were not grading, I'd write a long response to this.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Rules Committee to Democrats: Keep It to Yourselves"
<http://electionlawblog.org/?p=50083>
Posted on May 9, 2013 2:12 pm <http://electionlawblog.org/?p=50083> by
Rick Hasen <http://electionlawblog.org/?author=3>
Tyranny of House majority
<http://blogs.rollcall.com/goppers/rules-committee-to-democrats-keep-it-to-yourselves/>.
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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
Feds in NYC say cyber gang stole $45M worldwide, hacked into
database of prepaid debit cards <http://electionlawblog.org/?p=50079>
Posted on May 9, 2013 1:58 pm <http://electionlawblog.org/?p=50079> by
Richard Pildes <http://electionlawblog.org/?author=7>
Next time someone asks you why we can't yet have secure enough
electronic voting if we can have ATM machines, send them to this story.
<http://www.washingtonpost.com/business/feds-in-nyc-say-cyber-gang-stole-45-million-by-hacking-into-database-of-prepaid-debit-cards/2013/05/09/8d20a2f2-b8c0-11e2-b568-6917f6ac6d9d_story.html?hpid=z1http://>
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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
"APNewsBreak: Colo. elections bill being signed"
<http://electionlawblog.org/?p=50076>
Posted on May 9, 2013 10:21 am <http://electionlawblog.org/?p=50076> by
Rick Hasen <http://electionlawblog.org/?author=3>
See here
<http://www.denverpost.com/politics/ci_23207339/apnewsbreak-colo-elections-bill-being-signed>.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"Montana opinion: Time to clean up state elections"
<http://electionlawblog.org/?p=50073>
Posted on May 9, 2013 7:21 am <http://electionlawblog.org/?p=50073> by
Rick Hasen <http://electionlawblog.org/?author=3>
Raph Graybill oped.
<http://www.greatfallstribune.com/article/20130509/OPINION/305090002/Montana-opinion-Time-clean-up-state-elections?nclick_check=1>
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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Denniston on GOP's Opening Brief in SCOTUS Campaign Finance Case,
McCutcheon <http://electionlawblog.org/?p=50070>
Posted on May 9, 2013 7:20 am <http://electionlawblog.org/?p=50070> by
Rick Hasen <http://electionlawblog.org/?author=3>
Here <http://www.scotusblog.com/2013/05/gop-seeks-more-donor-freedom/>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme
Court <http://electionlawblog.org/?cat=29> | Comments Off
"NYC Considering Allowing Non-Citizens To Vote"
<http://electionlawblog.org/?p=50067>
Posted on May 9, 2013 7:14 am <http://electionlawblog.org/?p=50067> by
Rick Hasen <http://electionlawblog.org/?author=3>
TPM
<http://tpmdc.talkingpointsmemo.com/2013/05/nyc-council-law-allowing-immigrants-to-vote.php?ref=fpb>:
"New York City could soon become the first major city in the country to
give non-citizens the right to vote. The proposal, which would allow
certain non-citizens to vote in local elections
<http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=803591&GUID=3652CB45-9436-4D4F-ADE3-E17CE8A8AF28&Options=&Search=>,
appears to have a veto-proof majority in the New York City Council ---
enough to overcome opposition by Mayor Michael Bloomberg. As hearings on
the proposal get underway Thursday, supporters are optimistic it will
become law by the end of the year and believe it will have an impact
beyond the five boroughs."
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Posted in voting <http://electionlawblog.org/?cat=31> | Comments Off
"SEC Should Make Companies Disclose Political Spending"
<http://electionlawblog.org/?p=50065>
Posted on May 9, 2013 7:13 am <http://electionlawblog.org/?p=50065> by
Rick Hasen <http://electionlawblog.org/?author=3>
Bloomberg View:
<http://www.bloomberg.com/news/2013-05-08/sec-should-make-companies-disclose-political-spending.html>
Two years ago, an idiosyncratic band of 10 law professors wrote to
<http://www.sec.gov/rules/petitions/2011/petn4-637.pdf> the U.S.
Securities and Exchange Commission asking it to require public
companies "to disclose to shareholders the use of corporate
resources for political activities." Their immodest proposal has
since become a popular cause: The proposed rule has generated half a
million public comments
<http://www.sec.gov/comments/4-637/4-637.shtml>, a record.
More transparency, in both politics and finance, is almost always
better. The question sometimes is whether the means justify the end.
In this case, they do.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Hard Truths of Campaign Finance" <http://electionlawblog.org/?p=50063>
Posted on May 9, 2013 7:11 am <http://electionlawblog.org/?p=50063> by
Rick Hasen <http://electionlawblog.org/?author=3>
The three Republican FEC Commissioners (McGahn, Hunter, and Petersen)
have penned a /Politico/ Oped:
<http://www.politico.com/story/2013/05/hard-truths-of-campaign-finance-91084.html>
The cries for changing the Federal Election Commission from some
editorial boards and campaign finance lobbyists overlook the obvious
dangers of an unchecked federal agency regulating the political
involvement of citizens. When Congress created the FEC, it did not
design an agency that could be wielded as a partisan weapon;
instead, the agency is required to be equally divided, with, at
most, three of its six members from the same party. Thus, the FEC is
designed to ensure fair and impartial regulation and administration
of campaign finance laws --- not partisan or ideological witch hunts.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
election commission <http://electionlawblog.org/?cat=24> | 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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