[EL] ELB News and Commentary 10/28/13
Rick Hasen
rhasen at law.uci.edu
Sun Oct 27 21:18:19 PDT 2013
<http://electionlawblog.org/>
Incredible: Judge Posner Said He Did Not Recant on Voter ID
<http://electionlawblog.org/?p=56300>
Posted on October 27, 2013 6:57 pm
<http://electionlawblog.org/?p=56300>by Rick Hasen
<http://electionlawblog.org/?author=3>
Here is his New Republic piece:
<http://www.newrepublic.com/article/115363/richard-posner-i-did-not-recant-my-opinion-voter-id>
I did not say that my decision, and the Supreme Court's decision
affirming it (written, be it noted, by the notably liberal Justice
Stevens), were wrong, only that, in common with many other judges, I
could not be confident that it was right, since I am one of the
judges who doesn't understand the electoral process sufficiently
well to be able to gauge the consequences of decisions dealing with
that process. I may well have been wrong in /Crawford/, because laws
similar (I do not say identical) to Indiana's represent a "type of
law /now/ widely regarded as a means of voter suppression rather
than of fraud prevention" (emphasis added)---"now" referring to the
fact there has been a flurry of such laws since 2007, when my
opinion in the /Crawford/ case was issued, and they have been
sharply criticized.
But here's Judge Posner in his interview
<http://live.huffingtonpost.com/r/segment/judge-richard-posner-live-interview/524ced9502a76017d900006a>
with Mike Sacks on Huff Post Live:
In response to Mike Sacks's questions about whether Judge Posner and
the 7th circuit got it wrong in Crawford case, the one upholding
Indiana's tough voter id law against constitutional challenge:
"Yes. Absolutely. And the problem is that there hadn't been that
much activity with voter identification. And ... maybe we should
have been more imaginative... we.... weren't really given strong
indications that requiring additional voter identification would
actually disfranchise people entitled to vote. There was a
dissenting judge, Judge Evans, since deceased, and I think he is
right. But at the time I thought what we were doing was right. It is
interesting that the majority opinion was written by Justice
Stevens, who is very liberal, more liberal than I was or am.... But
I think we did not have enough information. And of course it
illustrates the basic problem that I emphasize in book. We judges
and lawyers, we don't know enough about the subject matters that we
regulate, right? And that if the lawyers had provided us with a lot
of information about the abuse of voter identification laws, this
case would have been decided differently."
Here's the quote from Posner's book, which Mike Sacks flashed on the
screen: "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 law now
widely regarded as a means of voter suppression rather than fraud
prevention."
Now Sacks <https://twitter.com/MikeSacksHP/status/394590440722530304>
isjustifiably
<https://twitter.com/MikeSacksHP/status/394621818801106944> incredulous.
<https://twitter.com/MikeSacksHP/status/394624542800228352>
Readers and listeners should judge for themselves.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>
"Rebutting the Claim that an 'Anti-Corruption' Principle Should
Re-Write the First Amendment" <http://electionlawblog.org/?p=56298>
Posted on October 27, 2013 2:32 pm
<http://electionlawblog.org/?p=56298>by Rick Hasen
<http://electionlawblog.org/?author=3>
Rob Natelson <http://tinyurl.com/kk9syh5> on Lessig and Tillman.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Section Two Minus Section Five" <http://electionlawblog.org/?p=56296>
Posted on October 26, 2013 7:46 pm
<http://electionlawblog.org/?p=56296>by Rick Hasen
<http://electionlawblog.org/?author=3>
Nick Stephanopoulos has posted this draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2336749> on SSRN
(forthcoming, /Supreme Court Review/). Here is the abstract:
In Shelby County v. Holder, the Supreme Court dismantled one of the
two pillars of the Voting Rights Act: Section 5, which had barred
southern jurisdictions from changing their election laws without
receiving prior federal approval. But the Court left standing the
VRA's other pillar: Section 2, which prohibits racial discrimination
in voting throughout the country. The burning question in the wake
of Shelby County is what will happen to minority representation in
the South now that Section 5 has been struck down but Section 2
lives on. This Article is the first to address this vital issue.
The Article explores the Section 2 -- Section 5 gap with respect to
both the procedure and the substance of voting rights litigation.
Procedurally, the provisions differ in their allocation of the
burden of proof, their default before a decision on the merits is
reached, and their proceedings' cost. These differences mean that
numerous policies that previously would have been blocked now will
go into effect. In the first substantive area to which the VRA
applies, vote dilution, the provisions diverge as well. Section 2
does not extend to bizarrely shaped districts or districts whose
minority populations are overly heterogeneous or below 50% in size.
In contrast, Section 5 applies to all of these district types.
According to my empirical analysis, more than one-third of all
formerly protected districts in the South now may be eliminated with
legal impunity. In the other substantive area covered by the VRA,
vote denial, the provisions again vary in their scope. A mere
statistical disparity between minorities and whites does not violate
Section 2, but it typically does suffice for preclearance to be
denied. The rash of franchise restrictions enacted by southern
states in the months since Shelby County shows how much this
distinction matters.
The Article also considers some of the ways in which the Section 2
-- Section 5 gap could be closed. A new coverage formula could be
adopted, thus restoring the prior regime. The VRA's "bail in"
provision could be amended to make it easier to subject
jurisdictions to preclearance through litigation. Or Section 2 could
be revised so that it resembles the stricken Section 5 more closely.
Unfortunately, all of these steps face serious legal and political
obstacles. A divided Congress is unlikely to pass legislation
touching on sensitive issues of race and political power. Likewise,
the Court may be reluctant to allow Shelby County to be
circumvented. The Section 2 -- Section 5 gap thus will probably
persist for the foreseeable future.
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting
Rights Act <http://electionlawblog.org/?cat=15>
"Business groups assail political transparency"
<http://electionlawblog.org/?p=56294>
Posted on October 26, 2013 7:44 pm
<http://electionlawblog.org/?p=56294>by Rick Hasen
<http://electionlawblog.org/?author=3>
CPI reports.
<http://www.publicintegrity.org/2013/10/25/13597/business-groups-assail-political-transparency>
Some of the companies express pride in their CPA-Zicklin Index ranking.
Pfizer, for one, highlights <http://ow.ly/i/3wpDK/original> the
CPA-Zicklin Index under the heading "awards and recognition" within
the corporate governance section
<http://www.pfizer.com/about/corporate_governance/corporate_governance>
of its website.
The company notes in a document
<http://www.pfizer.com/sites/default/files/public_policy_political_participation_0313.pdf>
that "at times we may not completely share the views of these
various industry and trade groups and/or members, but we are able to
voice our concerns, as appropriate, through our colleagues who serve
on the boards and committees of these groups."
Altria also states
<http://www.altria.com/About-Altria/Government-Affairs/disclosures-transparency/Pages/default.aspx>
that it "may not necessarily agree with every position taken by each
organization to which we contribute." It, too, touts its CPA-Zicklin
Index ranking, saying
<http://www.altria.com/About-Altria/Government-Affairs/compliance-oversight/Pages/default.aspx>,
"Our comprehensive approach to disclosure and accountability and our
commitment to operating with integrity have resulted in Altria being
recognized as a leader in political activities disclosure by many
entities, including the Center for Political Accountability-Zicklin
Index of Corporate Political Accountability and Disclosure."
Says Freed: "There's a real disconnect between these member
organizations and their member companies. What the trade groups want
and what their members do aren't always the same thing."
But plenty of companies provide little if any information about
their political activities in corporate filings.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
More Robbin Stewart on Judge Posner "Mistakes" in Crawford
<http://electionlawblog.org/?p=56292>
Posted on October 26, 2013 7:40 pm
<http://electionlawblog.org/?p=56292>by Rick Hasen
<http://electionlawblog.org/?author=3>
Here
<http://ballots.blogspot.com/2013/10/a-placeholder-for-post-on-which.html>.
Share
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Posted in election administration <http://electionlawblog.org/?cat=18>
"State watchdog who probed secret political money takes U.S. post"
<http://electionlawblog.org/?p=56290>
Posted on October 26, 2013 7:39 pm
<http://electionlawblog.org/?p=56290>by Rick Hasen
<http://electionlawblog.org/?author=3>
LA Times
<http://www.latimes.com/local/la-me-secret-money-ravel-20131027,0,908303.story#axzz2it0QMw3a>profiles
Ann Ravel.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
election commission <http://electionlawblog.org/?cat=24>
"Public Participation GIS: The Case of Redistricting"
<http://electionlawblog.org/?p=56288>
Posted on October 25, 2013 6:00 pm
<http://electionlawblog.org/?p=56288>by Rick Hasen
<http://electionlawblog.org/?author=3>
Micah Altman and Michael McDonald have posted this draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2321870> on SSRN
(Proceedings of the 47th Annual Hawaii International Conference on
System Sciences ). Here is the abstract:
Recent technological advances have enabled greater public
participation and transparency in the United States redistricting
process. We review these advances, with particular attention to
activities involving open-source redistricting software.
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Posted in redistricting <http://electionlawblog.org/?cat=6>
"State of Texas moves to dismiss voter ID litigation"
<http://electionlawblog.org/?p=56286>
Posted on October 25, 2013 5:05 pm
<http://electionlawblog.org/?p=56286>by Rick Hasen
<http://electionlawblog.org/?author=3>
Texas Redistricting sums it up
<http://txredistricting.org/post/65086716509/state-of-texas-moves-to-dismiss-voter-id-litigation>.
(motion
<https://www.dropbox.com/s/jmxvxrjpns6pz32/motion%20to%20dismiss%20voter%20ID%20-%20new.pdf>)
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Posted in Department of Justice <http://electionlawblog.org/?cat=26>,
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>
"Let the public help draw voting districts"
<http://electionlawblog.org/?p=56284>
Posted on October 25, 2013 5:01 pm
<http://electionlawblog.org/?p=56284>by Rick Hasen
<http://electionlawblog.org/?author=3>
Doug Johnson CSM oped.
<http://www.csmonitor.com/Commentary/Common-Ground/2013/1025/Let-the-public-help-draw-voting-districts>
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Posted in redistricting <http://electionlawblog.org/?cat=6>
AG Holder Speaks Out About Voting Rights
<http://electionlawblog.org/?p=56282>
Posted on October 25, 2013 4:30 pm
<http://electionlawblog.org/?p=56282>by Rick Hasen
<http://electionlawblog.org/?author=3>
BLT
<http://legaltimes.typepad.com/blt/2013/10/holder-talks-career-voting-rights-and-legacy.html?kw=Holder%20Talks%20Career%2C%20Voting%20Rights%20and%20Legacy&et=editorial&bu=National%20Law%20Journal&cn=20131025&src=EMC-Email&pt=Legal%20Times%20Afternoon%20Update>:
"This whole notion of voter fraud and the need to come up with photo
ID to combat voter fraud is really a solution that's in search of a
problem," Holder said today.
Holder said there's "no empirical evidence that there is vote fraud
out there. We're not against identification people need to identify
themselves as who they are before they vote. The notion you need a
photo ID or some form of identification that is not easily available
to people is something that is inconsistent with who we are as a nation.
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Posted in Department of Justice <http://electionlawblog.org/?cat=26>,
Voting Rights Act <http://electionlawblog.org/?cat=15>
"No violation: JeffCo 'duplicate ballot' was a Delta County special
election ballot" <http://electionlawblog.org/?p=56280>
Posted on October 25, 2013 3:05 pm
<http://electionlawblog.org/?p=56280>by Rick Hasen
<http://electionlawblog.org/?author=3>
Sometimes
<http://www.coloradoindependent.com/144626/no-violation-jeffco-duplicate-ballot-was-a-delta-county-special-election-ballot>
it is neither fraud NOR incompetence.
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Posted in election administration <http://electionlawblog.org/?cat=18>
"Guest Post: The State Open Campaign System: Technology for Cleaner,
Fairer Campaigns" <http://electionlawblog.org/?p=56278>
Posted on October 25, 2013 2:52 pm
<http://electionlawblog.org/?p=56278>by Rick Hasen
<http://electionlawblog.org/?author=3>
John Kaehny
<http://www.democracyfund.org/blog/entry/the-state-open-campaign-system-technology-for-cleaner-fairer-campaigns>:
New York has struggled to emerge from a long history of political
scandals. In recent years, a number of the state's most powerful
elected officials have left office after indictments or convictions,
as have numerous state legislators. The public's unhappiness over
the pervasive influence of money in state politics has led to a loud
call for new legislation that would reform campaign finance and
ethics laws. But the state legislature has resisted.
Despite this inaction in Albany, we are optimistic that there are
ways forward that do not require difficult legislation or political
upheaval. For instance, New York --- and other states --- can use
inexpensive technology to help make our campaign finance system
cleaner, fairer and more transparent.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Should Congress pass a new Voting Rights Act?"
<http://electionlawblog.org/?p=56275>
Posted on October 25, 2013 11:18 am
<http://electionlawblog.org/?p=56275>by Rick Hasen
<http://electionlawblog.org/?author=3>
Ari Berman <http://video.msnbc.msn.com/now/53374469/#53374469> on NOW
with Alex Wagner.
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Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>
"NC GOPer Who Resigned Over Racist Remark Says Party Is 'Gutless'
(AUDIO)" <http://electionlawblog.org/?p=56273>
Posted on October 25, 2013 11:17 am
<http://electionlawblog.org/?p=56273>by Rick Hasen
<http://electionlawblog.org/?author=3>
TPM
<http://talkingpointsmemo.com/livewire/nc-goper-who-resigned-over-racist-remark-says-party-is-gutless-audio>.
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60>
"California Watchdog: 'Koch Brothers Network' Behind $15 Million
Dark-Money Donations" <http://electionlawblog.org/?p=56271>
Posted on October 25, 2013 9:01 am
<http://electionlawblog.org/?p=56271>by Rick Hasen
<http://electionlawblog.org/?author=3>
Andy Kroll
<http://www.motherjones.com/mojo/2013/10/california-koch-brothers-network-settlement-15-million-dark-money>
reports.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Why Women in Texas May Be Blocked from Voting"
<http://electionlawblog.org/?p=56269>
Posted on October 25, 2013 8:51 am
<http://electionlawblog.org/?p=56269>by Rick Hasen
<http://electionlawblog.org/?author=3>
MSNBC reports <http://www.msnbc.com/the-last-word/texas-voter-id-law>.
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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>
"GOPer ousted for trashing 'lazy blacks'"
<http://electionlawblog.org/?p=56267>
Posted on October 25, 2013 8:44 am
<http://electionlawblog.org/?p=56267>by Rick Hasen
<http://electionlawblog.org/?author=3>
Adam Serwer reports
<http://www.msnbc.com/msnbc/North-carolina-republican-ousted-for-racial-slur>
for MSNBC.
If you have to preface your remarks with a mention of your "black
best friend," you'll probably regret saying what comes next.
Don Yelton, a former North Carolina Republican official, was
compelled to resign
<http://www.hollywoodreporter.com/live-feed/republican-resigns-racially-charged-daily-650821> Thursday
after tossing around racial slurs during an interview with Comedy
Central's /The Daily Show. /Yelton said he didn't care if North
Carolina's strict voter ID law "hurts a bunch of lazy blacks who
wants the government to give them everything."
"The law is going to kick the Democrats in the butt," Yelton told
/The Daily Show'/s Aasif Mandvi. North Carolina's recent voting law,
one of the strictest in the country, is currently being challenged
<http://www.msnbc.com/msnbc/high-stakes-battle-over-north-carolinas> in
court on the basis that it makes it deliberately makes it harder for
minorities to vote. At least one state, Texas, has argued in court
<http://tv.msnbc.com/2013/08/10/texas-on-voting-rights-its-not-about-race-just-politics/> that
election laws are constitutional if they disenfranchise voters on
the basis of party affiliation rather than race, an argument voting
rights advocates find absurd.
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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>
Corruption Conference at New School
<http://electionlawblog.org/?p=56265>
Posted on October 25, 2013 7:47 am
<http://electionlawblog.org/?p=56265>by Rick Hasen
<http://electionlawblog.org/?author=3>
Announcement <http://www.newschool.edu/cps/corruption/>:
The Center for Public Scholarship is pleased to present the 30th
/Social Research/ conference, "Corruption," on Thursday and Friday,
November 21 and 22, 2013, at The New School in New York City.
Signs of corruption and the damage it causes are painfully evident
in political and corporate life everywhere. Policy makers,
historians, lawyers, and scholars will discuss the many systems
undermined by corruption and the transparency and accountability
protocols that could serve to reduce corruption, if not eliminate it.
Specifically, the conference will examine both U.S. and global
aspects of the problem of corruption, including social and
historical dimensions of corruption, the systems most at risk of
corruption (governments, business, labor, and markets), and
possibilities for reform.
Additional issues will be addressed in the publication of the Winter
2014 issue of /Social Research/, with case studies of corruption in
Kenya, India, Russia, Latin America, and the United States.
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Posted in bribery <http://electionlawblog.org/?cat=54>, campaigns
<http://electionlawblog.org/?cat=59>, chicanery
<http://electionlawblog.org/?cat=12>
"Gap Clothing Chain Founders Were Behind California 'Dark Money'
Campaign" <http://electionlawblog.org/?p=56263>
Posted on October 25, 2013 7:42 am
<http://electionlawblog.org/?p=56263>by Rick Hasen
<http://electionlawblog.org/?author=3>
Paul Blumenthal:
<http://www.huffingtonpost.com/2013/10/24/gap-california-dark-money_n_4159516.html?utm_source=Alert-blogger&utm_medium=email&utm_campaign=Email+Notifications>
Well-known corporate chiefs funded illegal "dark money"
contributions to groups in the Koch brothers' political network
involved in Thursday's record campaign finance settlement in
California, according to settlement documents.
Members of the Fisher family, founders of the Gap clothing chain,
plowed more than $8 million into the dark money campaign to defeat
Gov. Jerry Brown's tax increase, Proposition 30, and to support the
anti-union Proposition 32, in the 2012 elections, according to
partially redacted documents
<http://big.assets.huffingtonpost.com/IncomeExpenseSummaryAJS.pdf>
supplied by Americans for Job Security, a group that handled
contributions that figured in Thursday's settlement.
Those documents also show that Charles Schwab, founder of Charles
Schwab Corp., donated $6.4 million through Americans for Job
Security. Philanthropist Eli Broad, who publicly backed Brown's tax
increase proposition, made a $500,000 contribution, according to the
documents. Las Vegas Sands Corp. CEO Sheldon Adelson and his wife
gave a combined $500,000. Crossroads GPS, the dark money nonprofit
founded by Karl Rove, chipped in $2 million.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Lecturer talks about flaws in N.C. voter law"
<http://electionlawblog.org/?p=56261>
Posted on October 25, 2013 5:35 am
<http://electionlawblog.org/?p=56261>by Rick Hasen
<http://electionlawblog.org/?author=3>
Hey,
<http://www.technicianonline.com/news/article_726fcbb4-3d2b-11e3-bea3-0019bb30f31a.html>
that's me.
Share
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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>
"Group Linked to Kochs Admits to Campaign Finance Violations"
<http://electionlawblog.org/?p=56259>
Posted on October 24, 2013 8:53 pm
<http://electionlawblog.org/?p=56259>by Rick Hasen
<http://electionlawblog.org/?author=3>
Nick Confessore
<http://www.nytimes.com/2013/10/25/us/politics/group-linked-to-kochs-admits-to-campaign-finance-violations.html>
NYT: "A secretive nonprofit group with ties to the billionaire
conservative businessmen Charles and David Koch admitted to improperly
failing to disclose more than $15 million in contributions it funneled
into state referendum battles in California, state officials there
announced Thursday."
Don't missthe graphic.
<http://www.nytimes.com/interactive/2013/10/25/us/political-nonprofit-groups-skirt-disclosure-rules.html?ref=politics>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
--
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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