[EL] ELB News and Commentary 10/23/13

Tue Oct 22 21:09:53 PDT 2013

    Off to North Carolina <http://electionlawblog.org/?p=56203>

Posted on October 22, 2013 9:05 pm 
<http://electionlawblog.org/?p=56203>by Rick Hasen 
<http://electionlawblog.org/?author=3>

"Race or Party?" is the theme of  the 2013 American Values Public 
Lecture <http://electionlawblog.org/wp-content/uploads/HasenTalk.pdf> 
I'll be giving at NC State on October 24 and my keynote address at this 
conference on October 25 
<https://www.eventbrite.com/event/8662677301/?ref=enivtefor001&invite=NDQzNjY2NS9yaGFzZW5AbGF3LnVjaS5lZHUvMA%3D%3D&utm_source=eb_email&utm_medium=email&utm_campaign=inviteformalv2&utm_term=attend&ref=enivtefor001>. 
I will also post soon on SSRN a draft based on the lecture, /Race or 
Party?: How Courts Should Think About Republican Efforts to Make It 
Harder to Vote in North Carolina and Elsewhere./

For more on the issues, see this article 
<http://www.charlotteobserver.com/2013/10/21/4404454/voting-fight-is-it-race-or-is.html#.UmdKpCQd7h0> 
in the /Charlotte Observer/, and this earlier piece 
<http://www.slate.com/articles/news_and_politics/jurisprudence/2013/08/north_carolina_s_speedy_vote_suppression_tactics_show_exactly_why_the_voting.html> 
of mine in /Slate./

Blogging will be intermittent until Monday.

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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>

    "Activists target Coachella water district in voting change effort"
    <http://electionlawblog.org/?p=56201>

Posted on October 22, 2013 8:55 pm 
<http://electionlawblog.org/?p=56201>by Rick Hasen 
<http://electionlawblog.org/?author=3>

LA Times reports. 
<http://www.latimes.com/local/political/la-me-pc-coachella-voting-20131021,0,4362240.story?track=rss#axzz2iOzVlp00>

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

    "The Debate Over Judge Posner's Unforced Error"
    <http://electionlawblog.org/?p=56199>

Posted on October 22, 2013 7:49 pm 
<http://electionlawblog.org/?p=56199>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Jesse Wegman writes 
<http://takingnote.blogs.nytimes.com/2013/10/22/judge-posner-regrets-the-error/?ref=opinion> 
on NYT's "Taking Note" edit. 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>

    "Businesses backed GOP lawmakers who spurned them on default"
    <http://electionlawblog.org/?p=56197>

Posted on October 22, 2013 7:43 pm 
<http://electionlawblog.org/?p=56197>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Very interesting. 
<http://www.washingtonpost.com/business/economy/where-did-pro-default-lawmakers-get-donations-from-companies/2013/10/22/459477a6-382c-11e3-ae46-e4248e75c8ea_story.html>

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
lobbying <http://electionlawblog.org/?cat=28>

    Texas Judge Has Trouble Voting Under New Texas ID Law Because of
    Maiden Name <http://electionlawblog.org/?p=56195>

Posted on October 22, 2013 7:38 pm 
<http://electionlawblog.org/?p=56195>by Rick Hasen 
<http://electionlawblog.org/?author=3>

KIII TV 
<http://www.kiiitv.com/story/23761660/voter-id-law-may-cause-problems-for-women-using-maiden-names>:

    "What I have used for voter registration and for identification for
    the last 52 years was not sufficient yesterday when I went to vote,"
    117th District Court Judge Sandra Watts said.

    Watts has voted in every election for the last 49 years. The name on
    her driver's license has remained the same for 52 years, and the
    address on her voter registration card or driver's license hasn't
    changed in more than two decades. So imagine her surprise when she
    was told by voting officials that she would have to sign a "voters
    affidavit" affirming she was who she said she was.

    "Someone looked at that and said, 'Well, they're not the same,'"
    Watts said.

    The difference? On the driver's license, Judge Watts' maiden name is
    her middle name. On her voter registration, it's her actual middle
    name. That was enough under the new, more strict voter fraud law, to
    send up a red flag.

    "This is the first time I have ever had a problem voting," Watts said.

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

    "How candidates can sidestep Supreme Court rulings on campaign
    finance" <http://electionlawblog.org/?p=56193>

Posted on October 22, 2013 7:29 pm 
<http://electionlawblog.org/?p=56193>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Ganesh Sitaraman writes 
<http://www.csmonitor.com/Commentary/Opinion/2013/1022/How-candidates-can-sidestep-Supreme-Court-rulings-on-campaign-finance>for 
the /Christian Science Monitor./

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

    "October Op-Eds Weave RCV Spell over Minneapolis"
    <http://electionlawblog.org/?p=56191>

Posted on October 22, 2013 7:26 pm 
<http://electionlawblog.org/?p=56191>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Dale Sheldon-Hess blogs 
<http://leastevil.blogspot.com/2013/10/october-op-eds-weave-rcv-spell-over.html>.

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

    "A Judge Sees the Light on 'Voter Fraud' Laws"
    <http://electionlawblog.org/?p=56189>

Posted on October 22, 2013 7:06 pm 
<http://electionlawblog.org/?p=56189>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Jamelle Bouie 
<http://www.thedailybeast.com/articles/2013/10/22/a-judge-sees-the-light-on-voter-fraud-laws.html> 
writes for /The Daily Beast./

I've got my own more extended piece on Judge Posner in the works.

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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>

    "Why Money Is the Root of All That's Wrong With Washington"
    <http://electionlawblog.org/?p=56185>

Posted on October 22, 2013 2:16 pm 
<http://electionlawblog.org/?p=56185>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Larry Lessig 
<http://www.thedailybeast.com/articles/2013/10/21/why-money-is-the-root-of-all-that-s-wrong-with-washington.html> 
at the /Daily Beast/.

Steve Klein responds 
<http://wyliberty.org/feature/campaign-finance-laws-are-the-dirtiest-political-tool/>.

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

    "Smallest political donors appeal Florida's restrictions to Supreme
    Court" <http://electionlawblog.org/?p=56183>

Posted on October 22, 2013 8:21 am 
<http://electionlawblog.org/?p=56183>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Wash. Times 
<http://www.washingtontimes.com/news/2013/oct/21/smallest-political-donors-appeal-floridas-restrict/>: 
"A Florida group has appealed to the U.S. Supreme Court 
<http://www.washingtontimes.com/topics/us-supreme-court/> in a challenge 
to the state's campaign finance restrictions that force groups looking 
to spend even tiny amounts of money on political radio advertising to 
form a political action committee."

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

    More from Schweitzer: Party Dues for Committee Assignments
    <http://electionlawblog.org/?p=56181>

Posted on October 22, 2013 8:18 am 
<http://electionlawblog.org/?p=56181>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Breitbart. 
<http://www.breitbart.com/Big-Government/2013/10/21/Congress-Charges-Secret-Fee-to-Land-Top-Committee-Spots?utm_source=e_breitbart_com&utm_medium=email&utm_content=Breitbart+News+Roundup%2C+October+22%2C+2013&utm_campaign=20131022_m117632576_Breitbart+News+Roundup%2C+October+22%2C+2013&utm_term=More>

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

    "Lawmakers, Investors, Academics Outline Merits of Potential
    Securities and Exchange Commission Rulemaking"
    <http://electionlawblog.org/?p=56179>

Posted on October 22, 2013 8:16 am 
<http://electionlawblog.org/?p=56179>by Rick Hasen 
<http://electionlawblog.org/?author=3>

This Public Citizen event 
<http://www.citizen.org/documents/All_groups_SEC_briefing_Advisory_10_17.pdf> 
includes Senators Menendez and Warren.

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

    "Legal bill for Judge Hunter's voting challenge is $920,501?
    <http://electionlawblog.org/?p=56177>

Posted on October 22, 2013 7:50 am 
<http://electionlawblog.org/?p=56177>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Very expensive 
<http://news.cincinnati.com/apps/pbcs.dll/article?AID=/201310220522/NEWS/310210167&nclick_check=1>, 
though the case raised very important issues of election administration.

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

    "Got Corruption? Nixon's Milk Money"
    <http://electionlawblog.org/?p=56175>

Posted on October 22, 2013 7:48 am 
<http://electionlawblog.org/?p=56175>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Ciara Torres-Spelliscy blogs. 
<http://www.brennancenter.org/blog/got-corruption-nixon%E2%80%99s-milk-money>

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

    "The Cost of a Two-Tiered Election in Arizona"
    <http://electionlawblog.org/?p=56173>

Posted on October 22, 2013 7:47 am 
<http://electionlawblog.org/?p=56173>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Pew Data Dispatch 
<http://www.pewstates.org/research/analysis/the-cost-of-a-two-tiered-election-in-arizona-85899514408>.

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

    "Errors on Indiana Voter ID Case" <http://electionlawblog.org/?p=56171>

Posted on October 22, 2013 7:45 am 
<http://electionlawblog.org/?p=56171>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Professor Fran Quigley 
<http://www.nuvo.net/NewsBlog/archives/2013/10/21/errors-on-indiana-voter-id-case#.UmaPFiSE43Y> 
on Judge Posner and Justice Stevens recent comments about the lawyering 
in /Crawford./

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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>

    "'Super PACs' and the Role of 'Coordination' in Campaign Finance
    Law" <http://electionlawblog.org/?p=56168>

Posted on October 22, 2013 7:42 am 
<http://electionlawblog.org/?p=56168>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Brad Smith has posted this draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2334499>on SSRN 
(forthcoming /Willamette Law Review/). Here is the abstract:

    In Citizens United v. FEC (2010), the Supreme Court struck down a
    federal ban on independent expenditures in political campaigns by
    corporations. The Court held that independent spending could not
    create the type of "corruption" that the Court has recognized as a
    compelling government interest sufficient to overcome the intrusion
    of campaign finance laws on First Amendment activity. Two months
    later, in SpeechNow.org v. FEC, the U.S. Court of Appeals for the
    District of Columbia Circuit struck down limits on the size and
    sources of contributions to political committees that made no
    campaign contributions and operated independently of any candidate
    or political party. SpeechNow.org has generally been accepted and
    followed nationally, even in the states, leading to the creation of
    what are informally called "Super PACs."

    Both Super PACs and corporations must operate independently of
    candidates and parties to retain their exemption from the
    contribution limits and prohibitions of the Federal Election
    Campaign Act. Accordingly, renewed attention has focused on the
    concept of "coordination," with many commentators arguing that Super
    PACs are illegally coordinating their activity with candidates and
    parties. Others have argued for new laws redefining coordination so
    as to bring much activity previously considered "independent" within
    the regulatory system.

    These criticisms and proposals are largely based on an incorrect
    understanding of the concept of "corruption" adopted in the Court's
    seminal decision of Buckley v. Valeo (1976) and followed in Citizens
    United and SpeechNow.org. Buckley denies that speech can be
    corrupting. Rather, corruption -- at least corruption significant
    enough to overcome First Amendment obstacles -- occurs not in
    spending money or in gaining influence from spending money, but in
    the explicit exchange of contributions for favors. Buckley, then,
    does not tolerate restrictions on speech, but rather restrictions on
    certain forms of conduct -- the conduct of bargaining for
    legislative favors. It is this act -- and not the spending or
    contribution -- that creates the potential for corruption and so can
    be regulated.

    This understanding protects political actors against free floating
    investigations by authorities, and also clarifies and demarcates the
    Court's holding that in some circumstances, the "appearance of
    corruption" can justify limits on campaign contributions. It also
    clarifies the limits of future regulatory efforts, and in particular
    suggests that efforts to define "coordination" based on past
    affiliations or contacts cannot withstand constitutional scrutiny.

    When Citizens United stressed that "independent" expenditures were
    constitutionally protected, it did not mean that the spender must be
    "disinterested in," "ignorant of," or "unconcerned with the result
    in" an election. Neither Buckley nor Citizens United permits efforts
    to maximize the value of expenditures to become a proxy for limiting
    the speakers' right to speak. The decisions do not seek to broadly
    restrict political association or speech. To the contrary, they are
    based on the notion that in a democratic society, speech is
    inherently not corrupting, and that limits on association must be
    "narrowly tailored" to the very specific problem of quid pro quo
    bargaining of money for legislative favors.

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

    "Opinion Using 'Disclosure' to Silence Corporate America; The
    Soros-funded 'CPA-Zicklin Index' is merely a weapon against
    business." <http://electionlawblog.org/?p=56166>

Posted on October 22, 2013 7:39 am 
<http://electionlawblog.org/?p=56166>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Jonathan Macey WSJ oped 
<http://online.wsj.com/news/articles/SB10001424052702303442004579119580417319214> 
(and here 
<http://stream.wsj.com/story/latest-headlines/SS-2-63399/SS-2-359970/>).

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

    "North Carolina Governor Previews Defense Of Voter ID Law"
    <http://electionlawblog.org/?p=56164>

Posted on October 22, 2013 7:37 am 
<http://electionlawblog.org/?p=56164>by Rick Hasen 
<http://electionlawblog.org/?author=3>

TPM reports 
<http://talkingpointsmemo.com/dc/nc-gov-s-voter-id-defense-does-not-address-criticism-but-law-likely-to-survive>.

You can find North Carolina's answer in the NAACP case here [link 
fixed]. 
<http://moritzlaw.osu.edu/electionlaw/litigation/documents/LOWVNCDfdntAnsw.pdf>  
Apparently there is no separate motion to dismiss as I had understood 
and posted about yesterday.

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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>

    "Secret probe spreads to five Wisconsin counties; Possible
    violations during recall elections among issues"
    <http://electionlawblog.org/?p=56162>

Posted on October 21, 2013 9:17 pm 
<http://electionlawblog.org/?p=56162>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Dan Bice 
<http://www.jsonline.com/watchdog/noquarter/secret-probe-spreads-to-five-wisconsin-counties-b99124190z1-228569231.html>.

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Posted in chicanery <http://electionlawblog.org/?cat=12>, recall 
elections <http://electionlawblog.org/?cat=11>

-- 
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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