[EL] ELB News and Commentary 11/6/13

Wed Nov 6 21:22:35 PST 2013

<http://electionlawblog.org/>

    "Keeping Black Voters in Their Place"
    <http://electionlawblog.org/?p=56535>

Posted on November 6, 2013 9:15 pm 
<http://electionlawblog.org/?p=56535>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Provocative 
<http://www.nytimes.com/2013/11/05/opinion/keeping-black-voters-in-their-place.html?pagewanted=1&partner=rssnyt&emc=rss> 
Tom Edsall column: "The Republicans who now control the legislatures and 
governorships in the Deep South are using the landmark Voting Rights Act 
of 1965 to create a system of political apartheid.....Have Republican 
legislators in the South become civil and voting rights champions? No. 
They are promoting the interests of African-American voters in order to 
enhance the ability of Republican officials whose real targets, white 
Democrats, are struggling to cope with the steady decline of loyal 
'Yellow Dog' supporters."

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

    "Iowa Town's Vote Delivers Rebuke to Kochs' Group"
    <http://electionlawblog.org/?p=56533>

Posted on November 6, 2013 8:59 pm 
<http://electionlawblog.org/?p=56533>by Rick Hasen 
<http://electionlawblog.org/?author=3>

NYT reports 
<http://www.nytimes.com/2013/11/07/us/politics/iowa-towns-vote-delivers-rebuke-to-kochs-group.html?ref=politics>.

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

    "Challenge to Kansas voter ID law likely headed to federal court"
    <http://electionlawblog.org/?p=56531>

Posted on November 6, 2013 8:55 pm 
<http://electionlawblog.org/?p=56531>by Rick Hasen 
<http://electionlawblog.org/?author=3>

AP reports 
<http://cjonline.com/news/2013-11-05/challenge-kansas-voter-id-law-likely-headed-federal-court>.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60>, voter id 
<http://electionlawblog.org/?cat=9>, Voting Rights Act 
<http://electionlawblog.org/?cat=15>

    "Bill to soften voter ID requirement for the poor gets mixed reviews
    in hearing" <http://electionlawblog.org/?p=56529>

Posted on November 6, 2013 8:52 pm 
<http://electionlawblog.org/?p=56529>by Rick Hasen 
<http://electionlawblog.org/?author=3>

The latest 
<http://www.jsonline.com/news/statepolitics/bill-to-soften-voter-id-requirement-for-the-poor-gets-mixed-reviews-in-hearing-b99136505z1-230845141.html>from 
Wisconsin.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60>, voter id 
<http://electionlawblog.org/?cat=9>, Voting Rights Act 
<http://electionlawblog.org/?cat=15>

    "Texas' Stringent Voter ID Law Makes a Dent at Polls"
    <http://electionlawblog.org/?p=56527>

Posted on November 6, 2013 8:51 pm 
<http://electionlawblog.org/?p=56527>by Rick Hasen 
<http://electionlawblog.org/?author=3>

NYT 
<http://www.nytimes.com/2013/11/07/us/politics/texas-stringent-voter-id-law-makes-a-dent-at-polls.html?_r=0>:

    On Tuesday, Texas unveiled its tough new voter ID law, the only
    state to do so this year, and the rollout was sometimes rocky. But
    interviews with opponents and supporters of the new law, which
    required voters for the first time to produce a state-approved form
    of photo identification to vote, suggest that in many parts of the
    state, the law's first day went better than critics had expected.

    There was a relatively limited number of cases during early voting
    in which voters with improper IDs were required to submit
    provisional ballots, which will be counted only if the people come
    back with a valid ID within six days. Officials said that statewide,
    2,354 provisional ballots were cast this election, which is about
    0.2 percent of voters. In the last off-year election, in 2011, there
    were 738, or 0.1 percent of the ballots cast that year.

    Officials also said that there was little traffic at the offices set
    up by the state to provide free voter ID documents for those without
    another approved form of identification. By Election Day, only 121
    voter identification documents had been issued statewide.

    But the law's opponents and some county elections officials warned
    against judging its effectiveness on the basis of this year's
    relatively minor statewide election. The real tests, they say, will
    come next year, when Texas will elect a new governor, and in 2016's
    presidential race.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60>, voter id 
<http://electionlawblog.org/?cat=9>, Voting Rights Act 
<http://electionlawblog.org/?cat=15>

    "Texas voting suggests trouble on the horizon"
    <http://electionlawblog.org/?p=56524>

Posted on November 6, 2013 8:38 pm 
<http://electionlawblog.org/?p=56524>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Zack Roth 
<http://www.msnbc.com/msnbc/texas-voting-suggests-trouble-the-horizon>:

    Tuesday's off-year election was a dry run for Texas' controversial
    voter ID law. On the surface things went pretty smoothly, with few
    voters forced to cast provisional ballots. That was enough for the
    law's Republican supporters to claim vindication. But there were
    signs of potential trouble to come. There are no hard statistics
    yet, but apparently a significant number of voters had to sign
    affidavits---a relatively simple procedure, but one that could cause
    problems in higher turnout elections. And of course, with one in ten
    Texans lacking ID by one estimate
    <http://www.advancementproject.org/issues/voter-protection>, it's
    all but impossible to measure the number of people who were deterred
    by the law from voting.Next year's highly anticipated governor's
    race and the 2016 presidential election will offer a far tougher
    test for the law, which was passed in 2011, blocked last year by the
    Justice Department under the Voting Rights Act, then reinstated
    after the Supreme Court weakened the VRA in June. For now, it looks
    to be acting simply as one more factor, among several, to complicate
    the process and discourage potential voters---especially those
    likely to have trouble meeting the law's requirements.

    In all, 2,354 provisional ballots were cast this year,
    representing 0.2% of total turnout, according to Alicia Pierce, a
    spokeswoman with the Texas Secretary of State's office. That's
    compared to 738 provisional ballots, or 0.1% of turnout, in 2011,
    and 1,459 provisionals, or 0.14% of turnout, in 2009.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60>, voter id 
<http://electionlawblog.org/?cat=9>, Voting Rights Act 
<http://electionlawblog.org/?cat=15>

    "The Wrong Ways to Elect America's Mayors"
    <http://electionlawblog.org/?p=56522>

Posted on November 6, 2013 8:36 pm 
<http://electionlawblog.org/?p=56522>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Phil Kiesling writes 
<http://www.governing.com/columns/smart-mgmt/col-wrong-ways-elect-mayors-partisan-odd-numbered-years-instant-runoff-voting.html> 
for Governing, with the subhead: "Holding partisan mayoral elections 
ensures low voter turnout and disenfranchises vast numbers of voters. So 
does voting in odd-numbered years. We need to re-think how we approach 
these important elections."

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Posted in alternative voting systems <http://electionlawblog.org/?cat=63>

    Razor-Thin Margin in VA AG Race: Follow @Redistrict for the Twists
    and Turns <http://electionlawblog.org/?p=56520>

Posted on November 6, 2013 8:29 pm 
<http://electionlawblog.org/?p=56520>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Anyone who wants to be disabused of the notion that election returns are 
neat and tidy should follow the Twitter account of Dave Wasserman of the 
Cook Political Report <https://twitter.com/Redistrict>, who in real time 
is updating a spreadsheet <https://t.co/IPLfC5GL6r> of numerous errors 
and corrections in the tally in this very close race.

Whether or not this goes to a recount will become clearer once all the 
errors are (apparently) corrected and we see if the very close margin 
stays the same.

After that, the rules for a recount or contest in VA could get very 
interesting.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
recounts <http://electionlawblog.org/?cat=50>

    'IN MEMORIAM: Richard G. "Dick" Smolka, Pioneering Election Expert"
    <http://electionlawblog.org/?p=56518>

Posted on November 6, 2013 8:26 pm 
<http://electionlawblog.org/?p=56518>by Rick Hasen 
<http://electionlawblog.org/?author=3>

 From Doug Chapin:

  IN MEMORIAM: Richard G. "Dick" Smolka, Pioneering Election Expert
  <http://blog.lib.umn.edu/cspg/electionacademy/2013/11/richard_dick_smolka_pioneering.php>

By Doug Chapin 
<http://blog.lib.umn.edu/cspg/electionacademy/about-the-author.php> on 
November 6, 2013

Bookmark and Share 
<http://www.addthis.com/bookmark.php?v=250&pubid=xa-4dd9bf450cd5dc18>

DickSmolka.jpg 
<http://blog.lib.umn.edu/cspg/electionacademy/images/DickSmolka.jpg>

[Image courtesy of dfmassociates 
<http://www.dfmassociates.com/images/2006/WAElecConf2006/DFM%20with%20DickSmolka.jpg>]

I got some sad news via email this evening ... Dick Smolka passed away 
on Tuesday at his home in Mesa, Arizona. His son Bo, who shared the news 
on behalf of the family, noted that "[c]onsidering he was one of the 
world's foremost experts on elections and the electoral process, it was 
somewhat fitting that he died on the first Tuesday after the first 
Monday in November -- i.e. Election Day."

Dick was an early mentor of mine and I only hope that someday I can 
achieve even a fraction of what Dick did for the election community in 
his amazing career.

Here's an obituary that the family asked us to share:

    Richard G. Smolka, a professor emeritus at American University and
    one of the world's leading experts on elections, voting and the
    electoral process, died at his home in Mesa, Arizona, on Nov. 5. He
    was 81.A native of Cleveland, Ohio, Smolka taught in the School of
    Public Affairs at American for 31 years before his retirement. He
    created Election Administration Reports, a bi-weekly newsletter on
    election law and administration for election officials, in 1971 and
    served as its editor for more than 40 years. It became an industry
    standard and developed a worldwide readership among those in the
    business of running elections.

    For more than 20 years, Smolka served as the expert and in-studio
    consultant for WRC-TV, the NBC affiliate in Washington, D.C., each
    Election Night, offering projections and analysis on local and
    national races.

    He was also widely sought after as an expert source throughout the
    Bush-Gore "hanging chad" controversy, appearing on CNN, NBC Nightly
    News, 60 Minutes and other national media outlets to discuss the
    2000 presidential election.

    Smolka served as an elections observer and consultant for voting
    procedures in developing democracies around the world, including
    Bulgaria, the Federated States of Micronesia, Russia, Poland, Taiwan
    and more than 20 other countries. He once served as a poll worker in
    the Australian outback.

    In 2001, Smolka received the Freedom Award from the National
    Association of Secretaries of State for his lifetime contributions
    to election administration in the United States and around the world.

    At American University, Smolka taught courses related to campaigns
    and elections. He co-authored, with Harold Gosnell, a textbook on
    political parties and has written several other books and articles
    on the election process.

    Smolka grew up in Cleveland, Ohio, and attended St. Ignatius High
    School.

    Smolka served in the Marine reserves from 1953-54 and was active
    duty in the U.S. Army from 1954-56.

    After his military service, he went on to earn bachelor's, master's
    and doctoral degrees from American University.

    Smolka is survived by his wife of 55 years, Margaret (Farrell),
    better known as Peggy, their six children -- Daniel M. Smolka, a
    Foreign Service office stationed in Barbados; Michael T. Smolka of
    Mesa, Ariz.; Gregory L. Smolka of Groton, Mass.; Stephen. P. "Bo"
    Smolka of Baltimore, Md; Mary M. Csernica of Lewisburg, Pa.; and
    David A. "Dewey" Smolka of Chicago --- and 15 grandchildren. He is
    also survived by two sisters.

    Smolka was a sports fan throughout his life, with particular
    interest in baseball and horse racing. As a teen-ager, he served as
    a vendor at the 1948 World Series in Cleveland. He also created a
    dice-based horse race game that later received a U.S. patent.

    A memorial service to celebrate his life will be held on Monday,
    Dec. 30, at Holy Cross Catholic Church in Mesa, Arizona. In lieu of
    flowers, contributions can be made in Richard Smolka's name to the
    Annual Fund at St. Ignatius High School, 1911 W. 30th St.,
    Cleveland, OH 44113.

My thoughts and prayers are with Dick's family ... he will be missed!

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Posted in election law biz <http://electionlawblog.org/?cat=51>

    Justice Stevens Laments Lack of Partisan Gerrymandering Standards
    <http://electionlawblog.org/?p=56516>

Posted on November 6, 2013 12:20 pm 
<http://electionlawblog.org/?p=56516>by Rick Hasen 
<http://electionlawblog.org/?author=3>

See the end of this speech <http://t.co/AgLLFnrNWp>.

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Posted in redistricting <http://electionlawblog.org/?cat=6>, Supreme 
Court <http://electionlawblog.org/?cat=29>

    "Secret Persuasion: How Big Campaign Donors Stay Anonymous"
    <http://electionlawblog.org/?p=56514>

Posted on November 6, 2013 8:18 am 
<http://electionlawblog.org/?p=56514>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Part Two 
<http://www.npr.org/2013/11/06/243022966/secret-persuasion-how-big-campaign-donors-stay-anonymous> 
of the NPR report on 501(4)(4)s. Read the first part here 
<http://www.npr.org/2013/11/05/242354030/from-social-welfare-groups-a-river-of-political-influence>/./

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law 
and election law <http://electionlawblog.org/?cat=22>

    "Official: Kochs Not Involved in California Campaign Finance
    Violation" <http://electionlawblog.org/?p=56512>

Posted on November 6, 2013 8:04 am 
<http://electionlawblog.org/?p=56512>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Washington Free Beacon reports 
<http://freebeacon.com/official-kochs-not-involved-in-california-campaign-finance-violation/>.

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

    Bauer on Nocera and Nagourney on Political Reform
    <http://electionlawblog.org/?p=56510>

Posted on November 6, 2013 8:02 am 
<http://electionlawblog.org/?p=56510>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Here 
<http://www.moresoftmoneyhardlaw.com/2013/11/setting-goals-for-political-reform/>.

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Posted in political parties <http://electionlawblog.org/?cat=25>, 
political polarization <http://electionlawblog.org/?cat=68>, primaries 
<http://electionlawblog.org/?cat=32>

-- 
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://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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