[EL] ELB News and Commentary 11/11/13
Rick Hasen
rhasen at law.uci.edu
Sun Nov 10 22:15:17 PST 2013
"Virginia attorney general race narrows further"
<http://electionlawblog.org/?p=56639>
Posted on November 10, 2013 10:09 pm
<http://electionlawblog.org/?p=56639>by Rick Hasen
<http://electionlawblog.org/?author=3>
17-vote difference
<http://www.washingtonpost.com/local/virginia-politics/virginia-attorney-general-vote-headed-for-a-recount/2013/11/10/e51516b2-4a17-11e3-be6b-d3d28122e6d4_story.html>
in VA-AG race at the moment, and there'sstill controversy
<http://electionlawblog.org/?p=56609> over a possible change of rules
mid-counting.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
provisional ballots <http://electionlawblog.org/?cat=67>, The Voting
Wars <http://electionlawblog.org/?cat=60>
"Of Bouncing Balls and 'A Big Blue Shift'"
<http://electionlawblog.org/?p=56637>
Posted on November 10, 2013 9:58 pm
<http://electionlawblog.org/?p=56637>by Rick Hasen
<http://electionlawblog.org/?author=3>
Ned Foley post
<http://moritzlaw.osu.edu/electionlaw/comments/index.php?ID=12105> about
his very important empirical research on post-election controversies,
and the connection to the VAAG controversy:
It is a fortuitous coincidence that the University of Virginia's
Journal of Law & Politics <http://www.lawandpolitics.org/>has just
published a piece
<http://files.www.lawandpolitics.org/content/vol-xxvii-no-4/Foley_Color_116.pdf>
of mine that shows the relevance of the current vote-counting
process in Virginia's Attorney General election to what might happen
if the 2016 presidential election turns on a similar vote-counting
process in Virginia. (The piece was presented at a symposium
<http://www.law.virginia.edu/html/news/2013_spr/voting_wars.htm> on
"The Voting Wars"
<http://yalepress.yale.edu/yupbooks/book.asp?isbn=9780300182033>
that took place last spring at UVa.)
The piece is an analysis of shifts that have occurred in
presidential elections between initial returns and final certified
margins of victory. The piece analyzes these shifts for all
presidential elections going back to 1960, for potential swing
states---including Virginia---as well as all states. The major
takeaway from the piece is that something has changed in the
canvassing process since 2000 that makes it significantly more
likely that a Democratic candidate for president will be able to
gain large number of votes during the canvassing process.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
provisional ballots <http://electionlawblog.org/?cat=67>, The Voting
Wars <http://electionlawblog.org/?cat=60>
"Former Chief Justice George is not a fan of SCOTUS election law
jurisprudence" <http://electionlawblog.org/?p=56635>
Posted on November 10, 2013 9:55 pm
<http://electionlawblog.org/?p=56635>by Rick Hasen
<http://electionlawblog.org/?author=3>
David Ettinger blogs
<http://www.atthelectern.com/former-chief-justice-george-is-not-a-fan-of-scotus-election-law-jurisprudence/>at
the At the Lectern blog of Horvitz & Levy.
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>
"White guy wins after leading voters to believe he's black"
<http://electionlawblog.org/?p=56633>
Posted on November 10, 2013 1:50 pm
<http://electionlawblog.org/?p=56633>by Rick Hasen
<http://electionlawblog.org/?author=3>
Wow
<http://www.khou.com/news/local/White-guy-wins-after-leading-voters-to-believe-hes-black-231222981.html>:
Dave Wilson chuckles as he talks about his unorthodox political
campaign.
"I'd always said it was a long shot," Wilson says. "No, I didn't
expect to win."
Still, he figured he'd have fun running, because he was fed up with
what he called "all the shenanigans" at the Houston Community
College System. As a conservative white Republican running in a
district whose voters are overwhelmingly black Democrats, the odds
seemed overwhelmingly against him.
Then he came up with an idea, an advertising strategy that his
opponent found "disgusting." If a white guy didn't have a chance in
a mostly African-American district, Wilson would lead voters to
think he's black.
And it apparently worked. In one of the biggest political upsets in
Houston politics this election season, Wilson --- an anti-gay
activist and former fringe candidate for mayor --- emerged as the
surprise winner over 24-year incumbent Bruce Austin. His razor thin
margin of victory, only 26 votes, was almost certainly influenced by
his racially tinged campaign.
(viaPolitical Wire
<http://politicalwire.com/archives/2013/11/10/white_candidate_wins_by_suggesting_hes_black.html>)
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Posted in campaigns <http://electionlawblog.org/?cat=59>
Yoshino on Judge Posner on Voter ID
<http://electionlawblog.org/?p=56631>
Posted on November 10, 2013 1:45 pm
<http://electionlawblog.org/?p=56631>by Rick Hasen
<http://electionlawblog.org/?author=3>
From NYT Sunday Book Review
<http://www.nytimes.com/2013/11/10/books/review/richard-a-posners-reflections-on-judging.html?pagewanted=all>:
Of course, such a pragmatic approach can engender controversy, as
one line of this book has already done. Posner writes, "I plead
guilty to having written the majority opinion (affirmed by the
Supreme Court) upholding Indiana's requirement that prospective
voters prove their identity with a photo ID --- a type of law now
widely regarded as a means of voter suppression rather than of fraud
prevention." This line has been interpreted as a recantation, yet
it's less an admission of error than an admission of uncertainty.
This is consistent with his general approach: to acknowledge
complexity, vacuum up as many facts as possible and then do his best.
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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>
"Voter ID laws challenged in state, federal court as discriminatory"
<http://electionlawblog.org/?p=56629>
Posted on November 10, 2013 1:43 pm
<http://electionlawblog.org/?p=56629>by Rick Hasen
<http://electionlawblog.org/?author=3>
UPI reports
<http://www.upi.com/Top_News/US/2013/11/10/Voter-ID-laws-challenged-in-state-federal-court-as-discriminatory/UPI-37941384077540/>.
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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>
Laufer on McCutcheon <http://electionlawblog.org/?p=56627>
Posted on November 10, 2013 1:33 pm
<http://electionlawblog.org/?p=56627>by Rick Hasen
<http://electionlawblog.org/?author=3>
Watch <http://www.cityandstateny.com/last-look-laurence-laufer/>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
New Lawsut Filed by Mexican-Americans Against Texas Voter ID
<http://electionlawblog.org/?p=56625>
Posted on November 10, 2013 1:21 pm
<http://electionlawblog.org/?p=56625>by Rick Hasen
<http://electionlawblog.org/?author=3>
Law360
<http://www.law360.com/articles/487681/texas-voter-id-law-confronted-with-another-lawsuit>.
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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>
"Could Virginia's Voter ID Law Swing an Election?"
<http://electionlawblog.org/?p=56623>
Posted on November 10, 2013 1:20 pm
<http://electionlawblog.org/?p=56623>by Rick Hasen
<http://electionlawblog.org/?author=3>
This item
<http://blog.aarp.org/2013/11/08/could-virginias-voter-id-law-swing-an-election/>
appears at the AARP blog.
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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>
"New Voter ID Law Requires Voters Be Born Inside Polling Station"
<http://electionlawblog.org/?p=56621>
Posted on November 10, 2013 1:18 pm
<http://electionlawblog.org/?p=56621>by Rick Hasen
<http://electionlawblog.org/?author=3>
Recoil <http://recoilmag.com/?p=7294>:
As part of a continued effort to exclude as many voters as possible
from participation in federal elections, South Carolina's state
legislators voted Monday to restrict the right to vote to include
only those U.S. citizens whose birth has been witnessed by election
overseers inside a registered polling station.
"Since the Supreme Court struck down parts of the 1965 Civil Rights
Act [in June], we feel the time is now to begin pushing our voter
filtration system even further toward ensuring we have exactly the
right people voting," said South Carolina Governor Nikki Haley.
"Requiring voters to simply show ID is not enough to protect our
state's election system from the millions of citizens who work
year-round crafting fake ID [cards] so they can cast thousands of
fraudulent votes once every couple of years."
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Posted in election law "humor" <http://electionlawblog.org/?cat=52>, The
Voting Wars <http://electionlawblog.org/?cat=60>, voter id
<http://electionlawblog.org/?cat=9>
"Judge hears arguments in redistricting lawsuit"
<http://electionlawblog.org/?p=56619>
Posted on November 10, 2013 1:16 pm
<http://electionlawblog.org/?p=56619>by Rick Hasen
<http://electionlawblog.org/?author=3>
Billings Gazette
<http://billingsgazette.com/news/state-and-regional/montana/judge-hears-arguments-in-redistricting-lawsuit/article_62c24eb4-96a1-50c4-b3c5-6050f20960a8.html>:
A commission's last-minute reassignment of two state senators to new
central Montana districts was a political move to allow another
state senator from Conrad to run for re-election in 2014, and should
be thrown out, a lawyer for citizens in one of the districts argued
Friday.
Matthew Monforton, a Bozeman attorney, said the state Districting
and Apportionment Commission members made the decision in
closed-door meetings this February, without giving citizens in the
affected districts any advance notice to comment.
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Posted in redistricting <http://electionlawblog.org/?cat=6>
"U.S. Electoral System and Congressional Gridlock"
<http://electionlawblog.org/?p=56617>
Posted on November 10, 2013 1:10 pm
<http://electionlawblog.org/?p=56617>by Rick Hasen
<http://electionlawblog.org/?author=3>
Watch Rob Richie <http://www.c-spanvideo.org/program/316150-4> on C-SPAN.
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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>
Thought of the Day <http://electionlawblog.org/?p=56614>
Posted on November 10, 2013 12:52 pm
<http://electionlawblog.org/?p=56614>by Rick Hasen
<http://electionlawblog.org/?author=3>
If Hans von Spakovsky were still
<http://www.nationalreview.com/corner/342633/von-spakovsky-denied-reappointment-va-election-board-john-fund>
on the Fairfax Elections Board, would Democrats' heads literally have
exploded by now?
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Posted in election administration <http://electionlawblog.org/?cat=18>,
fraudulent fraud squad <http://electionlawblog.org/?cat=8>
--
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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