[EL] more news 10/23/13

Wed Oct 23 12:46:17 PDT 2013

    "Why Judge Posner Changed His Mind On Voter ID Laws"
    <http://electionlawblog.org/?p=56216>

Posted on October 23, 2013 12:44 pm 
<http://electionlawblog.org/?p=56216>by Rick Hasen 
<http://electionlawblog.org/?author=3>

I have writtenthis new piece 
<http://www.thedailybeast.com/articles/2013/10/23/why-judge-posner-is-right-on-voter-id-laws.html> 
for /The Daily Beast/.  A snippet:

    But I for one am glad Judge Posner spoke up candidly. Supporters of
    voter ID laws point to Crawford all the time as having settled the
    issue of voter ID laws' constitutionality and desirability, and all
    the new discussion calls Crawford into rhetorical (although not
    legal) doubt. The really interesting question is: why did Judge
    Posner change his mind?

    It's not because of new evidence that voter identification laws have
    disenfranchised thousands of voters. In fact, opposing sides of the
    issue are still clinging to the same flawed arguments as they were
    when Crawford was adjudicated. Supporters of voter identification
    laws have still not come forward
    <http://electionlawblog.org/?p=42251> with any significant evidence
    of modern, conspiratorial voter impersonation fraud
    <http://www.amazon.com/Voting-Wars-Florida-Election-Meltdown/dp/0300182031/ref=sr_1_cc_2?s=aps&ie=UTF8&qid=1329286945&sr=1-2-catcorr>.
    Justice Stevens' opinion literally had to go back to the 1860s and
    Boss Tweed
    <http://www.law.cornell.edu/supct/html/07-21.ZO.html#11ref>, plus a
    possible single case of impersonation fraud
    <http://www.law.cornell.edu/supct/html/07-21.ZO.html#12ref> in a
    2004 Washington State election. On the other hand, opponents of
    voter identification laws have had a hard time finding real live
    voters who (1) lack ID; (2) would have trouble getting the ID; and
    (3) want to vote.  This was one of the problems that the judges had
    in Crawford: where were the Indiana voters who were disenfranchised?
    It seems that there were far fewer of them than Democrats alleged.
    As Ethan Bronner
    <http://publiceditor.blogs.nytimes.com/2012/09/24/ethan-bronner-discusses-the-core-issue-about-voting/?_r=0>
    of the New York Times put it to the newspaper's Public Editor,
    quoting Jorge Luis Borges on the Falklands War, "It's a fight
    between two bald men over a comb."

    However, since 2007, the voter ID issue has changed in two
    significant ways---though neither change is that better lawyers are
    handling the cases.

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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>

    "Minneapolis mayoral candidates play up 'Minnesota Nice'"
    <http://electionlawblog.org/?p=56214>

Posted on October 23, 2013 9:07 am 
<http://electionlawblog.org/?p=56214>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Is ranked choice voting making candidates too nice 
<http://www.startribune.com/politics/statelocal/228872431.html?page=all&prepage=1&c=y#continue>?

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

    "Texas Voter ID Law Discriminates Against Women, Students,
    Minorities" <http://electionlawblog.org/?p=56212>

Posted on October 23, 2013 8:13 am 
<http://electionlawblog.org/?p=56212>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Important points 
<http://www.thenation.com/blog/176792/texas-voter-id-law-discriminates-against-women-students-minorities#> 
where the details matter on voter ID from Ari Berman.

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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>

    "Democratic Donors Surge Amid GOP Slump"
    <http://electionlawblog.org/?p=56210>

Posted on October 23, 2013 8:06 am 
<http://electionlawblog.org/?p=56210>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Roll Call reports. 
<http://blogs.rollcall.com/beltway-insiders/democratic-donors-surge-amid-gop-slump/>

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

    "L.A. leaders fight ballot measure to create city health agency"
    <http://electionlawblog.org/?p=56208>

Posted on October 23, 2013 7:51 am 
<http://electionlawblog.org/?p=56208>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Pre-election challenge, reports 
<http://www.latimes.com/local/la-me-health-dept-fight-20131023,0,4523069.story?track=rss#axzz2iYVIRQSN>the 
LA Times.

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Posted in direct democracy <http://electionlawblog.org/?cat=62>

    "Why Professor Lessig's 'dependence corruption' is not a
    founding-era concept" <http://electionlawblog.org/?p=56206>

Posted on October 23, 2013 7:50 am 
<http://electionlawblog.org/?p=56206>by Rick Hasen 
<http://electionlawblog.org/?author=3>

If you care about the originalism debate in the Supreme Court's campaign 
finance case, /McCutcheon/,this pos 
<http://blog.constitutioncenter.org/2013/10/why-lessigs-dependence-corruption-is-not-a-founding-era-concept/>t 
by Seth Barrett Tillman is a must-read.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme 
Court <http://electionlawblog.org/?cat=29>

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

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

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