[EL] ELB News and Commentary 4/25/14
Rick Hasen
rhasen at law.uci.edu
Fri Apr 25 07:54:58 PDT 2014
Arkansas Will Appeal Case Striking State's Voter ID Law
<http://electionlawblog.org/?p=60880>
Posted on April 25, 2014 7:52 am <http://electionlawblog.org/?p=60880>by
Rick Hasen <http://electionlawblog.org/?author=3>
So reports AP
<http://www.huffingtonpost.com/2014/04/24/arkansas-voter-id_n_5208761.html>.
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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>
"Ohio Bans Campaign Lies, but the Supreme Court Might Soon Change
That" <http://electionlawblog.org/?p=60878>
Posted on April 25, 2014 7:42 am <http://electionlawblog.org/?p=60878>by
Rick Hasen <http://electionlawblog.org/?author=3>
Vice News reports
<https://news.vice.com/articles/ohio-bans-campaign-lies-but-the-supreme-court-might-soon-change-that?trk_source=homepage-in-the-news>.
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Posted in campaigns <http://electionlawblog.org/?cat=59>
"Only Some Southern Whites Are the New Blacks (and Many Are Not)"
<http://electionlawblog.org/?p=60876>
Posted on April 25, 2014 7:41 am <http://electionlawblog.org/?p=60876>by
Rick Hasen <http://electionlawblog.org/?author=3>
Michael McDonald crunches the numbers
<http://www.huffingtonpost.com/michael-p-mcdonald/only-some-southern-whites_b_5210408.html>.
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Posted in voting <http://electionlawblog.org/?cat=31>, Voting Rights Act
<http://electionlawblog.org/?cat=15>
"NY Conservative Party Chair: Get Rid of the Electoral College"
<http://electionlawblog.org/?p=60874>
Posted on April 25, 2014 7:40 am <http://electionlawblog.org/?p=60874>by
Rick Hasen <http://electionlawblog.org/?author=3>
Actually
<http://www.newsmax.com/Politics/new-york-conservative-electoral-college-elections/2014/04/24/id/567627/>he
supports NPV.
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Posted in electoral college <http://electionlawblog.org/?cat=44>
"Democratic Mega-Donors Dominate Super PAC Race As Republicans Hide
In 'Dark Money'" <http://electionlawblog.org/?p=60872>
Posted on April 25, 2014 7:38 am <http://electionlawblog.org/?p=60872>by
Rick Hasen <http://electionlawblog.org/?author=3>
Paul Blumenthal reports
<http://www.huffingtonpost.com/2014/04/25/super-pac-mega-donors-_n_5208199.html?1398425414>for
/HuffPo./
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Dan Walters Daily: Debra Bowen leaves legacy worth changing"
<http://electionlawblog.org/?p=60867>
Posted on April 24, 2014 8:56 pm <http://electionlawblog.org/?p=60867>by
Rick Hasen <http://electionlawblog.org/?author=3>
Video
<http://blogs.sacbee.com/capitolalertlatest/2014/04/dan-walters-daily-042414.html>
description: "Every major candidate for Secretary of State is
campaigning to overhaul the office, an indictment of Debra Bowen's two
terms of stewardship, Dan says."
More here
<http://www.sacbee.com/2014/04/23/6349099/candidates-say-they-would-represent.html>.
Election 2014 Q&A: Secretary of state candidates on partisanship,
fraud, Cal-Access
<http://www.sacbee.com/2014/04/20/6339490/election-2014-qa-secretary-of.html>
Here is what Republican candidate Pete Peterson said about voter fraud:
Is voter fraud a real issue?
I don't think it's as big an issue as folks on my side of the aisle
have made it. ... The problem with not having a statewide voter
database is we have no idea as to how accurate our statewide voter
roll is.
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Posted in election administration <http://electionlawblog.org/?cat=18>
"Before convicting four Alabama counties of voter fraud, let's see
the evidence" <http://electionlawblog.org/?p=60865>
Posted on April 24, 2014 8:42 pm <http://electionlawblog.org/?p=60865>by
Rick Hasen <http://electionlawblog.org/?author=3>
Bob Nicholson column
<http://www.al.com/opinion/index.ssf/2014/04/before_convicting_four_alabama.html>
at AL.com.
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60>, voter id
<http://electionlawblog.org/?cat=9>
"A Legislative Fix for Paroline?" <http://electionlawblog.org/?p=60863>
Posted on April 24, 2014 8:36 pm <http://electionlawblog.org/?p=60863>by
Rick Hasen <http://electionlawblog.org/?author=3>
Paul Cassell, who represented respondent Amy in the recent child
pornography case, has this post
<http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/04/24/a-legislative-fix-for-paroline/>at
Volokh.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"No, Southern whites are not the new blacks"
<http://electionlawblog.org/?p=60861>
Posted on April 24, 2014 8:32 pm <http://electionlawblog.org/?p=60861>by
Rick Hasen <http://electionlawblog.org/?author=3>
Larry Bartels
<http://www.washingtonpost.com/blogs/monkey-cage/wp/2014/04/24/no-southern-whites-are-not-the-new-blacks/>:
The claim that "Southern whites' loyalty to Republicans is nearing
that of blacks to Democrats" is the subhead on Cohn's piece in the
print edition and the headline on The Upshot
<http://www.nytimes.com/2014/04/23/upshot/navigate-news-with-the-upshot.html?rref=upshot>,
the Times' new "news, analysis, and graphics" site. However, even
allowing for the natural tendency of writers and headline-writers to
strain for newsworthiness, this is an egregious overstatement of
what Cohn actually shows.
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Posted in voting <http://electionlawblog.org/?cat=31>
"The Court and Congress: The Child Pornography Case"
<http://electionlawblog.org/?p=60859>
Posted on April 24, 2014 4:01 pm <http://electionlawblog.org/?p=60859>by
Rick Hasen <http://electionlawblog.org/?author=3>
Rick Pildes
<http://balkin.blogspot.com/2014/04/the-court-and-congress-child.html>
on /Paroline /and congressional overrides:
Initially, the question is whether the Court should try to put
Humpty Dumpty back together again: should the Court construct a
version of the law that creates a rough approximation of what
Congress might have been trying to do --- as Justice Kennedy's
majority opinion did --- or should it conclude that Congress has
made such a mess, and has provided so little guidance, that the
Court should not to try to spin rationality from such little thread
but instead throw its hands up and push the issue back to Congress
--- as CJ Roberts's dissenting opinion did.
But the even more intriguing question is which way of handling
situations like this --- the Kennedy or Roberts approach --- makes
it more likely that the final outcome will be what all eight
Justices agree would be best, which is for Congress actually to
address these issues. It's possible the Roberts approach would make
it more likely than the Kennedy approach that Congress would be
forced to get back into this area. Roberts reaches a result that he
knows Congress did not intend --- that victims get nothing, even
though the whole point of the statute was that they ought to get
something. But since that outcome flies so dramatically in the face
of the policy we have good reason to believe Congress wants (both
the enacting and current Congress), the very extremity of that
result perhaps makes it all the more likely that groups will
mobilize and be able to move Congress to respond. And it's possible
Congress might be less likely to respond under the majority's
approach: Congress might conclude after yesterday that the courts
are now in the middle of working things out and might wait to see
what the courts manage to do. And we can now also ask, should the
Court take these considerations into account --- which way of
deciding a case like this makes it more likely Congress will step up
--- when the Court chooses between the majority and dissenting
approaches.
My thoughts on a /Paroline/ override here
<http://electionlawblog.org/?p=60802>.
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27>, statutory interpretation
<http://electionlawblog.org/?cat=21>
"In Defense of Political Lying" <http://electionlawblog.org/?p=60857>
Posted on April 24, 2014 3:50 pm <http://electionlawblog.org/?p=60857>by
Rick Hasen <http://electionlawblog.org/?author=3>
Jack Shafer Reuters column
<http://blogs.reuters.com/jackshafer/2014/04/23/in-defense-of-political-lying/>
on /Susan B. Anthony./
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Posted in campaigns <http://electionlawblog.org/?cat=59>
"What's the Matter with Rand Paul?"
<http://electionlawblog.org/?p=60855>
Posted on April 24, 2014 3:46 pm <http://electionlawblog.org/?p=60855>by
Rick Hasen <http://electionlawblog.org/?author=3>
The /American Spectator/ isn't happy
<http://spectator.org/blog/58861/whats-matter-rand-paul> with Sen.
Paul's comments on voter fraud.
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60>
"Will High Court's Affirmative Action Ruling Affect Gay Marriage
Cases?" <http://electionlawblog.org/?p=60852>
Posted on April 24, 2014 3:29 pm <http://electionlawblog.org/?p=60852>by
Rick Hasen <http://electionlawblog.org/?author=3>
Bill Rankin
<http://newsok.com/will-high-courts-affirmative-action-ruling-affect-gay-marriage-cases/article/feed/679618/?page=1>(in
article originally appearing in the AJC):
The U.S. Supreme Court's decision this week in a Michigan
affirmative action case gave great deference to the voters' right to
decide controversial issues at the ballot box.
The court's plurality opinion, authored by Justice Anthony Kennedy,
also appears to give legal ammunition to supporters of bans against
same-sex marriage. In those lawsuits, including one filed in Atlanta
on Tuesday, gay and lesbian plaintiffs are asking the courts to
overturn referendums approved by voters.
"It is the right to speak and debate and learn and then, as a matter
of political will, to act through a lawful electoral process,"
Kennedy wrote in Tuesday's decision, which involved the state's ban
of preferential treatment in college admissions. "... It is
demeaning to the democratic process to presume that the voters are
not capable of deciding an issue of this sensitivity on decent and
rational grounds."
Legal experts said Kennedy may hear those words again, in a
different context.
The high court should accept a same-sex marriage case during its
next term or the one after that, predicted Rick Hasen, a University
of California, Irvine, law professor.
When that happens, "I expect proponents of traditional families to
be citing Kennedy's words in the Michigan case right back at him,"
Hasen said. "It does create some tension."
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Posted in direct democracy <http://electionlawblog.org/?cat=62>, Supreme
Court <http://electionlawblog.org/?cat=29>
--
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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