[EL] more news 10/17/13

[Rick Hasen]

    Breaking News: Federal Court Refuses to Enjoin NY Ban on Unlimited
    Contributions to Independent PACs <http://electionlawblog.org/?p=56049>

Posted on October 17, 2013 10:53 am 
<http://electionlawblog.org/?p=56049>by Rick Hasen 
<http://electionlawblog.org/?author=3>

You can find the opinion here 
<http://origin-www.bloomberglaw.com/iframe/document/X1Q6MQKFVBO2/download?doc_container=content_document&documentName=40.pdf&fmt=pdf&root_url=http%3A%2F%2Forigin-www.bloomberglaw.com%2F&disposition=attachment>. 
In my earlier coverage <http://electionlawblog.org/?p=55489>, given the 
SpeechNow case and other cases, I wrote: "Unless the court believes that 
this comes too close to the election (a laches-type argument), a court 
could well grant an injunction against enforcing this limit in the 
mayoral election."

The district court's rationale for declining the preliminary injunction 
was precisely about timing: the court cited Supreme Court cases 
cautioning against changing rules close to the election. According to 
the court, "Here, NYPPP asks this Court to rush to dismantle a 
law---which has remained unchanged for more than three decades---without 
any real factual record."

Bloomberg BNA reports that there's been an emergency appeal to the 
Second Circuit.  The Supreme Court is probably not too far behind.

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


    "Second Thoughts on Voter ID" <http://electionlawblog.org/?p=56047>

Posted on October 17, 2013 7:11 am 
<http://electionlawblog.org/?p=56047>by Rick Hasen 
<http://electionlawblog.org/?author=3>

NYT Editorial 
<http://www.nytimes.com/2013/10/17/opinion/second-thoughts-on-voter-id.html> 
on Posner.

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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>


    False Equivalence in NYT Story on Voter ID and Judge Posner?
    <http://electionlawblog.org/?p=56045>

Posted on October 17, 2013 7:00 am 
<http://electionlawblog.org/?p=56045>by Rick Hasen 
<http://electionlawblog.org/?author=3>

That's the claim of the Brad Blog <http://www.bradblog.com/?p=10313> 
about John Schwartz's recent article. 
<http://www.nytimes.com/2013/10/16/us/politics/judge-in-landmark-case-disavows-support-for-voter-id.html?_r=1&adxnnl=1&adxnnlx=1381905375-ED0EgB6Z7qtaGFq7xQ3toQ>

Yes it is true it contains one of those "he said, she said" type 
sentences.  But I took the entire thrust of the article to be a ding at 
those who claim voter fraud is a big problem requiring voter i.d.  That 
seems to be the point of both Judge Posner's quotes about "trickery" as 
well as the statement quoted from Posner's book that voter id is "a type 
of law now widely regarded as a means of voter suppression rather than 
of fraud prevention." That gets followed up with a quote from me about 
how in the last election cycle both Democratic-leaning and 
Republican-leaning judges started getting more suspicious about these 
kinds of laws.

Doesn't look like false equivalence to me.

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


    Zack Roth's Deep Dive into Post-Section 5 Beaumont TX School Board
    Dispute <http://electionlawblog.org/?p=56043>

Posted on October 17, 2013 6:55 am 
<http://electionlawblog.org/?p=56043>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Well worth reading 
<http://www.msnbc.com/msnbc/blacks-texas-town-fear-return-old-days>.

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


    Bauer on Judge Posner on Voter ID <http://electionlawblog.org/?p=56041>

Posted on October 17, 2013 6:52 am 
<http://electionlawblog.org/?p=56041>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Bob <http://www.moresoftmoneyhardlaw.com/2013/10/judge-posners-regret/>: 
"Judge Posner's explanation of /Crawford/ is unsatisfying, and it does 
not really get at the problem with the approach he took in that case."

Entirely agree with this.

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


    Get the Crosstabs on BPC/USA Today Survey on the Electoral Process
    <http://electionlawblog.org/?p=56038>

Posted on October 16, 2013 8:47 pm 
<http://electionlawblog.org/?p=56038>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Here. 
<http://bipartisanpolicy.org/library/research/bpcusa-today-national-survey-electoral-process>

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

-- 
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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