[EL] ELB News and Commentary 10/30/13

Rick Hasen rhasen at law.uci.edu
Tue Oct 29 20:06:15 PDT 2013


    Don't Have Faith in Poll Workers, Or Anyone Else for That Matter, To
    Distinguish Odd from Even Numbers <http://electionlawblog.org/?p=56348>

Posted on October 29, 2013 8:00 pm 
<http://electionlawblog.org/?p=56348>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Back in 2012, I had a piece running in Slate 
<http://www.slate.com/articles/news_and_politics/jurisprudence/2012/10/ohio_voter_laws_the_battle_over_disenfranchisement_you_haven_t_heard_about_.html> 
on the Hunter case (which I talked about further in /The Voting Wars 
<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>/) 
<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>, 
in which voters were disenfranchised because of poll worker error.  
Among the errors---a poll worker who could not tell that number 798 was 
an even number and sent the voter to the odd-numbered precinct.

The piece inspired UW Madison psychology professor Gary Lupyan to 
conduct some experiments testing people's ability to distinguish odd and 
even numbers, in the service of making a larger point about the sorts of 
things that are easy versus difficult to compute by biological 
computational systems as distinct from digital computers.

The results are pretty depressing, including the fact that a "sizable 
minority" of people believe the number 400 is larger than the number 
798!  The article is Lupyan, G. (2013). The difficulties of executing 
simple algorithms: Why brains make mistakes computers don't. 
<http://sapir.psych.wisc.edu/papers/lupyan_brainsAlgorithms_proof.pdf> 
/Cognition/, /129/(3), 615--636. doi:10.1016/j.cognition.2013.08.015.  
Here is the abstract:

    It is shown that educated adults routinely make errors in placing
    stimuli into familiar, well defined categories such as TRIANGLE and
    ODD NUMBER. Scalene triangles are often rejected as instances of
    triangles and 798 is categorized by some as an odd number. These
    patterns are observed both in timed and untimed tasks, hold for
    people who can fully express the necessary and sufficient conditions
    for category membership, and for individuals with varying levels of
    education. A sizeable minority of people believe that 400 is more
    even than 798 and that an equilateral triangle is the most
    ''trianglest'' of triangles. Such beliefs predict how people
    instantiate other categories with necessary and sufficient
    conditions, e.g., GRANDMOTHER. I argue that the distributed and
    graded nature of mental representations means that human algorithms,
    unlike conventional computer algorithms, only approximate rule-based
    classification and never fully abstract from the specifics of the
    input. This input-sensitivity is critical to obtaining the kind of
    cognitive flexibility at which humans
    excel, but comes at the cost of generally poor abilities to perform
    context-free computations. If human algorithms cannot be trusted to
    produce unfuzzy representations of odd numbers, triangles, and
    grandmothers, the idea that they can be trusted to do the heavy
    lifting of moment-to-moment cognition that is inherent in the
    metaphor of mind as digital computer still common in cognitive
    science, needs to be seriously reconsidered.

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Posted in Uncategorized <http://electionlawblog.org/?cat=1>


    "Judge Questions FEC Disclosure Rule Challenged by Rep. Van Hollen
    as Too Lax" <http://electionlawblog.org/?p=56346>

Posted on October 29, 2013 7:46 pm 
<http://electionlawblog.org/?p=56346>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Bloomberg BNA 
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=37689119&vname=mpebulallissues&jd=a0e2x7x7c9&split=0>:

    A federal judge repeatedly questioned a Federal Election Commission
    disclosure rule during a two-hour court hearing, pressing an FEC
    attorney to explain why the agency's rule provides enough
    information about who is funding political advertising (Van Hollen
    v. FEC, D.D.C., No. 11-766, hearing 10/29/13).

    Judge Amy Berman Jackson of the U.S. District Court for the District
    of Columbia suggested during the Oct. 29 hearing that she might
    remand the disclosure rule to the FEC for a better explanation of
    why it is adequate or even vacate the rule entirely.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal 
election commission <http://electionlawblog.org/?cat=24>


    "The political middle is dying. But it's not redistricting's fault."
    <http://electionlawblog.org/?p=56344>

Posted on October 29, 2013 7:39 pm 
<http://electionlawblog.org/?p=56344>by Rick Hasen 
<http://electionlawblog.org/?author=3>

The Fix 
<http://www.washingtonpost.com/blogs/the-fix/wp/2013/10/29/the-political-middle-is-dying-but-its-not-redistrictings-fault/>with 
some great illustrations from Alan Abramowitz.

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Posted in political parties <http://electionlawblog.org/?cat=25>, 
political polarization <http://electionlawblog.org/?cat=68>, 
redistricting <http://electionlawblog.org/?cat=6>


    "Arizona election referendum qualifies for 2014 ballot"
    <http://electionlawblog.org/?p=56342>

Posted on October 29, 2013 7:34 pm 
<http://electionlawblog.org/?p=56342>by Rick Hasen 
<http://electionlawblog.org/?author=3>

The /Arizona Republic/ report. 
<http://www.azcentral.com/news/politics/articles/20131029arizona-election-referendum-qualifies-ballot.html?nclick_check=1>

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


    "When Judges Mouth Off Outside the Courtroom"
    <http://electionlawblog.org/?p=56340>

Posted on October 29, 2013 7:32 pm 
<http://electionlawblog.org/?p=56340>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Michael McGough 
<http://www.latimes.com/opinion/opinion-la/la-ol-judges-voter-id-20131028,0,4116175.story#axzz2j9PW8zff> 
on Posner et al.

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Posted in Uncategorized <http://electionlawblog.org/?cat=1>


    "Texas AG Will Have To Sign Affidavit To Vote"
    <http://electionlawblog.org/?p=56338>

Posted on October 29, 2013 7:31 pm 
<http://electionlawblog.org/?p=56338>by Rick Hasen 
<http://electionlawblog.org/?author=3>

TPM reports. 
<http://talkingpointsmemo.com/livewire/texas-ag-will-have-to-sign-affidavit-to-vote>

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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>


    Sounds Like Chair of FCC Will Back off Political Disclosure to
    Satisfy Sen. Cruz and Avoid Filibuster
    <http://electionlawblog.org/?p=56336>

Posted on October 29, 2013 7:30 pm 
<http://electionlawblog.org/?p=56336>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Important point buried in this fine piece 
<http://blogs.rollcall.com/hawkings/a-filibuster-holiday-christmas-comes-early-for-obama-in-the-senat/> 
from David Hawkings:

    An hour later, Sen. Ted Cruz called off his effort to block Tom
    Wheeler from becoming chairman of the Federal Communications
    Commission, and Wheeler was confirmed late Tuesday. The Texas
    Republican wasn't opposed because of Wheeler's background as an
    influential lobbyist for telecommunications businesses the FCC
    regulates, but because the nominee wouldn't initially commit to
    restraining the FCC's authority to require disclosures about which
    independent groups are paying for political advertising on TV and radio.

    After a full and frank discussion behind closed doors, Cruz said he
    was satisfied that such an effort was "not a priority" for Wheeler.

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


    "No Small Stuff (cont.): Error Leads Ohio County to Tell Some Voters
    'Don't Vote'" <http://electionlawblog.org/?p=56334>

Posted on October 29, 2013 9:20 am 
<http://electionlawblog.org/?p=56334>by Rick Hasen 
<http://electionlawblog.org/?author=3>

A ChapinBlog 
<http://blog.lib.umn.edu/cspg/electionacademy/2013/10/no_small_stuff_cont_error_lead.php>.

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


    "The New Nullification Movement; Some states are reviving
    disenfranchisement schemes that date back to the antebellum South."
    <http://electionlawblog.org/?p=56332>

Posted on October 29, 2013 9:16 am 
<http://electionlawblog.org/?p=56332>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Ari Berman writes 
<http://www.thenation.com/article/176808/new-nullification-movement#> 
for /The Nation/.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60>, Voting Rights Act 
<http://electionlawblog.org/?cat=15>

-- 
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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