[EL] ELB News and Commentary 8/2/14
Rick Hasen
rhasen at law.uci.edu
Sat Aug 2 12:29:11 PDT 2014
"Congress Off for the Exits, but Few Cheer"
<http://electionlawblog.org/?p=63938>
Posted on August 2, 2014 12:27 pm
<http://electionlawblog.org/?p=63938>by Rick Hasen
<http://electionlawblog.org/?author=3>
NYT:
<http://www.nytimes.com/2014/08/02/us/politics/congress-set-to-make-exit-but-few-cheer.html?hp&action=click&pgtype=Homepage&version=HpSum&module=first-column-region®ion=top-news&WT.nav=top-news&_r=0>
By traditional measurements, the 113th Congress is now in a race to
the bottom with the 112th for the "do nothing" crown, with members
of both parties frustrated about the lack of action. As of
Wednesday, it had passed just 142 laws --- 34 of them ceremonial ---
compared to the 151 passed by the same date by the last Congress,
which produced fewer laws than any in history. The original "do
nothing" Congress of 1947 and 1948 passed 906.
Sarah Binder, a Congress scholar at George Washington University,
measures congressional productivity by lawmakers' ability to address
the big issues it faces. She said that the 112th left three-fourths
of those issues undone, including immigration, energy, addressing
the health care law and saving the postal system.
"Fast forward to almost the end of the 113th, and I'm hard-pressed
to see Congress's record getting any better," she said.
The end of earmarking --- the practice of channeling money to
specific home district projects --- has left many of them helpless
to address the most pressing problems of their constituents, some
lawmakers say.
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27>, political parties
<http://electionlawblog.org/?cat=25>, political polarization
<http://electionlawblog.org/?cat=68>
"J.H. Snider and Beverly Clay: R.I.'s poor preparation for
convention" <http://electionlawblog.org/?p=63936>
Posted on August 2, 2014 12:21 pm
<http://electionlawblog.org/?p=63936>by Rick Hasen
<http://electionlawblog.org/?author=3>
Providence Journal oped.
<http://www.providencejournal.com/opinion/commentary/20140802-j.h.-snider-and-beverly-clay-r.i.s-poor-preparation-for-convention.ece>
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"Ends up Lois Lerner was e-mailing her husband with the conservative
knock" <http://electionlawblog.org/?p=63934>
Posted on August 1, 2014 4:07 pm <http://electionlawblog.org/?p=63934>by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo reports.
<http://www.washingtonpost.com/blogs/federal-eye/wp/2014/08/01/ends-up-lois-lerner-was-e-mailing-her-husband-with-the-conservative-knock/>
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Posted in tax law and election law <http://electionlawblog.org/?cat=22>
LOL Dept <http://electionlawblog.org/?p=63932>
Posted on August 1, 2014 4:03 pm <http://electionlawblog.org/?p=63932>by
Rick Hasen <http://electionlawblog.org/?author=3>
Chris McDaniel to announce 'major development' on Monday
<http://www.washingtonpost.com/blogs/post-politics/wp/2014/08/01/chris-mcdaniel-to-announce-major-development-on-monday/>
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Posted in campaigns <http://electionlawblog.org/?cat=59>, chicanery
<http://electionlawblog.org/?cat=12>
"Padilla has big financial edge in secretary of state's race"
<http://electionlawblog.org/?p=63930>
Posted on August 1, 2014 3:56 pm <http://electionlawblog.org/?p=63930>by
Rick Hasen <http://electionlawblog.org/?author=3>
SacBee
<http://www.sacbee.com/2014/08/01/6599151/padilla-has-big-financial-edge.html>:
"State Sen. Alex Padilla, D-Los Angeles, had a 17-to-1 cash-on-hand
advantage at the end of June over educator and institute director Pete
Peterson, Padilla's Republican opponent in the race to succeed
termed-out Secretary of State Debra Bowen."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
campaigns <http://electionlawblog.org/?cat=59>, election administration
<http://electionlawblog.org/?cat=18>
"The FEC Deadlocks (Again) on Dark Money"
<http://electionlawblog.org/?p=63928>
Posted on August 1, 2014 3:32 pm <http://electionlawblog.org/?p=63928>by
Rick Hasen <http://electionlawblog.org/?author=3>
Daniel Weiner blogs
<http://www.brennancenter.org/blog/fec-deadlocks-again-dark-money> for
the Brennan Center.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"PAC Fined Record Breaking $5.2 Million Sets Up Shop in Alabama"
<http://electionlawblog.org/?p=63926>
Posted on August 1, 2014 3:31 pm <http://electionlawblog.org/?p=63926>by
Rick Hasen <http://electionlawblog.org/?author=3>
The /Alabama Political Report/ has this item
<http://alreporter.com/politics/6573-pac-fined-record-breaking-5-2-million-sets-up-shop-in-alabama.html>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Campaign Finance Reformers Regroup With New Goal: To 'Win The
Debate On Solutions'" <http://electionlawblog.org/?p=63924>
Posted on August 1, 2014 3:30 pm <http://electionlawblog.org/?p=63924>by
Rick Hasen <http://electionlawblog.org/?author=3>
Paul Blumenthal
<http://www.huffingtonpost.com/2014/08/01/campaign-finance-reform_n_5642339.html?1406927332>:
Campaign finance reformers are taking their policy efforts to the
hustings, raising millions of dollars in an unprecedented push to
support candidates in the November elections. Among these groups,
the pioneer of this electoral strategy is adjusting its tactics to
advance campaign finance reform across the country.
For the past decade, the Public Campaign Action Fund, headed by
executive director David Donnelly, has pushed both to elect campaign
finance reform supporters and to pass federal and state legislation
authorizing public financing of electoral efforts. Now, with a
broader mission and new funds, the group is merging with its
affiliated super PAC, Friends of Democracy, and changing its name to
Every Voice <http://campaignmoney.org/>.
"We feel that we've completely won the debate on the problem of
money in politics," Donnelly told The Huffington Post. "Americans
have a really good sense of what that is."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
election law biz <http://electionlawblog.org/?cat=51>
Factfinding and "Fact"finding <http://electionlawblog.org/?p=63922>
Posted on August 1, 2014 2:04 pm <http://electionlawblog.org/?p=63922>by
Justin Levitt <http://electionlawblog.org/?author=4>
Yesterday, in his discussion <http://electionlawblog.org/?p=63868> of
the Wisconsin Supreme Court's voter ID cases, Rick mentioned that the
one example of voter fraud cited by the court was not only inapposite,
but also not in evidence before the lower court. He then said, "I
believe it has become increasingly common for appellate courts to cite
matters not in the record which the judges or their clerks find from a
little googling."
This citation may have been inapposite ... but at least it was real.
The Wisconsin Supreme Court also claimed that "photo identification is
now required . . . to board a commercially operated airline flight."
The only problem with that statement is that --- despite endless
repetition in the last few years --- it is still flatly not true.
I should know: in 2011, I flew to DC to testify about voter ID rules,
without any photo ID in my wallet. Exactly as regulations permit, I got
on the plane just fine. It wasn't a fluke --- it was precisely what the
law required. I wrote up the experience --- and the similar experiences
of others --- here
<http://summaryjudgments.lls.edu/2012/10/company-at-30000-feet-plane-travel-and_2161.html>.
Googling information that hasn't been adversarially tested is one thing.
But repeating known falsehoods as fact is another.
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Posted in voter id <http://electionlawblog.org/?cat=9>
The CBO score and the Made-Up Narrative of the ObamaCare Subsidies
Case <http://electionlawblog.org/?p=63916>
Posted on August 1, 2014 11:58 am
<http://electionlawblog.org/?p=63916>by Abbe Gluck
<http://electionlawblog.org/?author=15>
Two years ago, I posted <http://electionlawblog.org/?p=36795>on this
blog that the CBO scoring of Obamacare was central, in the public eye,
and intensely scrutinized by all involved with the statute. CBO never
assumed in scoring the bill that subsidies would be unavailable on
federal exchanges. Justice Scalia and the joint dissent in /NFIB v.
Sebelius also /relied on the CBO score, saying: "By 2019, 20 million of
the 24 million people who will obtain insurance through an exchange are
expected to receive an average federal subsidy of $6,460 per
person"---numbers that only make sense if the federal exchanges are
included. Today, a Talking Points Memo
<http://talkingpointsmemo.com/dc/obamacare-halbig-cbo-scores> piece
offers even more evidence supporting the argument. Here is one snippet:
"It definitely didn't come up. This possibility never crossed anybody's
mind," David Auerbach, who was a principal analyst for the CBO's scoring
of the ACA, told TPM on Thursday. "If we started to score it that way,
they would have known that, and they would have said, 'Oh, oh my gosh,
no, no no,' and they probably would have clarified the language. It just
wasn't on anybody's radar at all."
It remains my view that the text of the ACA, when read not in isolation,
but in context--the approach the Court (including the textualists)
repeatedly cites as its preferred approach--clearly permits the
Government's interpretation of the subsidies. (If anyone is doubtful,
the Court made such a statement as recently as this Term in /Utility
Air/, through Justice Scalia:
"[W]e, and EPA, must do our best, bearing in mind the "'fundamental
canon of statutory construction that the words of a statute must be read
in their context and with a view to their place in the overall statutory
scheme.'" /FDA /v. /Brown & Williamson Tobacco Corp./, 529 U. S. 120,
133 (2000). As we reiterated the same day we decided /Massachusetts/,
the presumption of consistent usage "'readily yields'" to context, and a
statutory term---even one defined in the statute---"may take on distinct
characters from association with distinct statutory objects calling for
different implementation strategies.")
But the CBO story offers another datum--along with the testimonials of
staffers
<http://www.washingtonpost.com/blogs/plum-line/wp/2014/07/29/senate-documents-and-interviews-undercut-bombshell-lawsuit-against-obamacare/> and
reporters
<http://www.vox.com/2014/7/22/5926339/no-the-halbig-case-isnt-going-to-destroy-obamacare>
that have been pouring out all week--that no one ever assumed the
statute said otherwise. Why is this so important? Remember this is a
/Chevron/ case--a case that turns on the doctrine of agency deference.
To win under the doctrine, all the Government has to do is show that its
reading of the statute is plausible. The challengers, on the other
hand, have to prove that the statute clearly says what they want it to
say and admits of no other interpretation. To do that, they have to
convince the Court their reading of the statutory text is not only
plausible but is the only possible reading. The challengers are now
trying to strengthen their case by weaving a narrative that Congress
actually /intended /the result they claim the statute requires. All of
the evidence, textual and otherwise, points the other way. A major
lawsuit, challenging a massive federal statute that already has been
upheld once by the Supreme Court and whose repeal has been rejected by
Congress more than 40 times, should not be based on a story that is made up.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"Judicial Confusion in Wisconsin" <http://electionlawblog.org/?p=63913>
Posted on August 1, 2014 11:16 am
<http://electionlawblog.org/?p=63913>by Rick Hasen
<http://electionlawblog.org/?author=3>
Estelle Rogers blogs
<http://www.acslaw.org/acsblog/judicial-confusion-in-wisconsin>.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>, voting
<http://electionlawblog.org/?cat=31>
"Baton Rouge voter discrimination case heads to trial in federal
court Monday" <http://electionlawblog.org/?p=63911>
Posted on August 1, 2014 11:15 am
<http://electionlawblog.org/?p=63911>by Rick Hasen
<http://electionlawblog.org/?author=3>
The Times-Picayune reports
<http://www.nola.com/crime/baton-rouge/index.ssf/2014/07/baton_rouge_racial_discriminat.html?utm_content=bufferb27ab&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer>.
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Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>
"Wisconsin Supreme Court's voter ID ruling creates confusion,
possibility of fraud" <http://electionlawblog.org/?p=63909>
Posted on August 1, 2014 11:11 am
<http://electionlawblog.org/?p=63909>by Rick Hasen
<http://electionlawblog.org/?author=3>
AP <http://www.startribune.com/politics/national/269561901.html>:
A court-ordered change to Wisconsin's photo identification law
that's designed to cut down on voter fraud is creating confusion and
may even open the door to the very type of behavior Republican
lawmakers were trying to prevent.
Policy makers, attorneys and voter ID experts were struggling Friday
with how to interpret a Wisconsin Supreme Court ruling from a day
earlier, which mandated a change to the law in order to make it
constitutional.
The court said the state can't require applicants for state-issued
IDs to present government documents that cost money to obtain, such
as a copy of a birth certificate. The court left it to the Division
of Motor Vehicles to come up with a solution.
"We don't know how that's going to work," Assembly Speaker Robin Vos
said Thursday shortly after the ruling. When asked whether obtaining
photo IDs without having to present government-issued documents
verifying a person's identity could result in fraud, Vos said: "It's
got a potential for it."
I wrote <http://electionlawblog.org/?p=63866> about this odd aspect of
the Wisconsin Supreme Court's ruling yesterday. Of course, this ruling
will not go into effect unless and until the 7th Circuit or Supreme
Court reaches a different decision than the federal district court in
/Frank v. Walker/ blocking WI's voter id law on federal constitutional
and Voting Rights Act grounds.
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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>
"Cantor succession poses novel challenge in Virginia"
<http://electionlawblog.org/?p=63906>
Posted on August 1, 2014 9:58 am <http://electionlawblog.org/?p=63906>by
Rick Hasen <http://electionlawblog.org/?author=3>
Times Dispatch reports.
<http://www.timesdispatch.com/news/latest-news/cantor-succession-poses-novel-challenge-in-virginia/article_ea35c33a-1997-11e4-b635-001a4bcf6878.html>
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Posted in voting <http://electionlawblog.org/?cat=31>
"Ayers' Firewall: Separating Perdue's Campaign From the Outside
Groups" <http://electionlawblog.org/?p=63904>
Posted on August 1, 2014 9:57 am <http://electionlawblog.org/?p=63904>by
Rick Hasen <http://electionlawblog.org/?author=3>
Open Secrets follow up.
<http://www.opensecrets.org/news/2014/08/ayers-firewall-separating-perdues-campaign-from-the-outside-groups/>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Special session ordered for new Florida voting map"
<http://electionlawblog.org/?p=63902>
Posted on August 1, 2014 9:41 am <http://electionlawblog.org/?p=63902>by
Rick Hasen <http://electionlawblog.org/?author=3>
AP
<http://customwire.ap.org/dynamic/stories/U/US_FLORIDA_REDISTRICTING?SITE=NDBIS&TEMPLATE=DEFAULT>:
"A Florida judge is ordering legislators to hold a special session to
draw up a new state congressional map after the original one was ruled
illegal."
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Posted in redistricting <http://electionlawblog.org/?cat=6>
"U.S. Attorney General Holder to Rick Scott: We're watching you"
<http://electionlawblog.org/?p=63900>
Posted on August 1, 2014 8:41 am <http://electionlawblog.org/?p=63900>by
Rick Hasen <http://electionlawblog.org/?author=3>
Tampa Bay Times
<http://www.tampabay.com/blogs/the-buzz-florida-politics/us-attorney-general-holder-to-rick-scott-were-watching-you/2191033>:
"U.S. Attorney General Eric Holder sent a scathing letter to Gov. Rick
Scott over voting changes in Florida and issued a warning that the
Justice Department is "carefully monitoring" the state."
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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>
"GOP chairman: Party competing for black votes"
<http://electionlawblog.org/?p=63898>
Posted on July 31, 2014 7:53 pm <http://electionlawblog.org/?p=63898>by
Rick Hasen <http://electionlawblog.org/?author=3>
AP
<http://hosted2.ap.org/COGRA/e109e277e48c4e219e07a1d4710177b3/Article_2014-07-31-US--Republicans%20Chairman/id-362acf4c86c54541b078d64b31205392>:
Priebus, in an interview with CNN's Michaela Pereira and Fox News'
Kelly Wright following his prepared remarks, defended his party's
push for state laws requiring voters produce identification before
casting a ballot.
Opponents charge the laws, which have been enacted in more than 30
states, are aimed at discouraging minority and elderly voters.
He pointed to Georgia, where he said turnout increased in 2012, even
after the state imposed its voter ID law.
Priebus added that voter fraud was "very real" in his home state of
Wisconsin, where he served as state Republican Party chairman before
becoming national party chairman.
That comment drew immediate criticism from the Democratic National
Committee, which said in a statement that Priebus was repeating an
"old and offensive" claim that was recently dismissed by a federal
judge.
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60>, voter id
<http://electionlawblog.org/?cat=9>
"Star witness: 'It was wrong' to give Rolex to Va. governor"
<http://electionlawblog.org/?p=63896>
Posted on July 31, 2014 7:44 pm <http://electionlawblog.org/?p=63896>by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo
<http://www.washingtonpost.com/local/virginia-politics/star-witness-it-was-wrong-to-give-rolex-to-va-governor/2014/07/31/b3807a72-18bd-11e4-9e3b-7f2f110c6265_story.html?hpid=z4>
on the McDonnell trial.
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Posted in bribery <http://electionlawblog.org/?cat=54>, chicanery
<http://electionlawblog.org/?cat=12>
"California State Court of Appeals Won't Remove Advisory Measure on
Campaign Finance from California November 2014 Ballot"
<http://electionlawblog.org/?p=63894>
Posted on July 31, 2014 7:37 pm <http://electionlawblog.org/?p=63894>by
Rick Hasen <http://electionlawblog.org/?author=3>
Ballot Access News reports
<http://www.ballot-access.org/2014/07/california-state-court-of-appeals-wont-remove-advisory-measure-on-campaign-finance-from-california-november-2014-ballot/>.
The Sacramento Bee
<http://www.sacbee.com/2014/07/31/6597231/anti-tax-group-appeals-citizens.html>says
the challengers are now petitioning the CA Supreme Court.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, direct
democracy <http://electionlawblog.org/?cat=62>
"Hypocrisy on Wisconsin Supreme Court: Why voter ID decision is
wrong" <http://electionlawblog.org/?p=63891>
Posted on July 31, 2014 7:34 pm <http://electionlawblog.org/?p=63891>by
Rick Hasen <http://electionlawblog.org/?author=3>
Josh Douglas oped
<http://www.jsonline.com/news/opinion/hypocrisy-on-wisconsin-supreme-court-why-voter-id-decision-is-wrong-b99322149z1-269454021.html>
in Milwaukee Journal Sentinel.
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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>
"Playing Chicken with the FEC" <http://electionlawblog.org/?p=63889>
Posted on July 31, 2014 7:32 pm <http://electionlawblog.org/?p=63889>by
Rick Hasen <http://electionlawblog.org/?author=3>
Steve Klein blogs.
<http://wyliberty.org/feature/playing-chicken-with-the-fec/#fA9Ie>
Share
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
election commission <http://electionlawblog.org/?cat=24>
"University of California, Irvine School of Law Welcomes Six New
Full-Time Faculty Members" <http://electionlawblog.org/?p=63887>
Posted on July 31, 2014 4:36 pm <http://electionlawblog.org/?p=63887>by
Rick Hasen <http://electionlawblog.org/?author=3>
Thrilled with the official announcement
<http://www.law.uci.edu/news/press-releases/07-31-14.html>of our six new
impressive (and nice!) colleagues.
Share
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"Andrew Cuomo hires criminal lawyer to represent governor's office
as scandal over Moreland anti-corruption commission grows: sources"
<http://electionlawblog.org/?p=63884>
Posted on July 31, 2014 4:23 pm <http://electionlawblog.org/?p=63884>by
Rick Hasen <http://electionlawblog.org/?author=3>
Cuomo
<http://www.nydailynews.com/preet-bharara-threatens-cuomo-new-probe-article-1.1887193>
giving Christie a run for his money in the tri-state area competition
for being the subject of investigation by the U.S. Attorneys office.
Share
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Posted in chicanery <http://electionlawblog.org/?cat=12>
Molly Moran to Be Acting Head of DOJ Civil Rights Division
<http://electionlawblog.org/?p=63882>
Posted on July 31, 2014 2:42 pm <http://electionlawblog.org/?p=63882>by
Rick Hasen <http://electionlawblog.org/?author=3>
HuffPo
<http://www.huffingtonpost.com/2014/07/31/huffpost-hill_n_5639329.html>:
The staff of the DOJ's Civil Rights Division gathered this morning
in their fifth floor conference room --- J. Edgar Hoover's former
office --- for an "all hands" meeting with Attorney General Eric
Holder, who announced that his current deputy chief of staff Molly
Moran would be taking over as acting head of the Civil Rights
Division. The Division has been without a permanent leader since Tom
Perez became Labor Secretary last July. The Senate --- including
seven Democrats --- blocked the nomination
<http://www.huffingtonpost.com/2014/03/05/obama-civil-rights-nominee_n_4907455.html>
of Debo Adegbile to head the office due to his representation of
Mumia Abu-Jamal, convicted of murdering a Philadelphia police
officer. Moran, an Indiana native who has been at DOJ since 2009, is
"uniquely well positioned to advance the Civil Rights Division's
agenda, from voting rights enforcement to reforming school
discipline policies and beyond," Holder said Thursday. Adegbile's
nomination is technically still pending.
Share
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Posted in Department of Justice <http://electionlawblog.org/?cat=26>,
Voting Rights Act <http://electionlawblog.org/?cat=15>
"California doesn't allow write-in candidates in its general
election, so a write-in candidate is suing"
<http://electionlawblog.org/?p=63876>
Posted on July 31, 2014 12:24 pm <http://electionlawblog.org/?p=63876>by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo
<http://www.washingtonpost.com/blogs/govbeat/wp/2014/07/31/california-doesnt-allow-write-in-candidates-in-its-general-election-so-a-write-in-candidate-is-suing/>:
"An independent candidate who received a single vote for a U.S. House
seat in California is suing the state over it's top-two primary system,
which allows write-in candidates in the primary but not the general
election."
UPDATE: Richard Winger
<http://www.ballot-access.org/2014/07/independent-congressional-candidate-files-lawsuit-against-californias-ban-on-write-in-voting-in-general-election/>
links to the complaint.
<http://www.ballot-access.org/wp-content/uploads/2014/07/Milonopoulos-complaint.pdf>
Share
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Posted in ballot access <http://electionlawblog.org/?cat=46>, political
parties <http://electionlawblog.org/?cat=25>, primaries
<http://electionlawblog.org/?cat=32>
"Reform Groups Urge Senators to Support Legislation to Curb Bundling
by Lobbyists for Members of Congress"
<http://electionlawblog.org/?p=63874>
Posted on July 31, 2014 12:08 pm <http://electionlawblog.org/?p=63874>by
Rick Hasen <http://electionlawblog.org/?author=3>
Press release
<http://www.democracy21.org/legislative-action/press-releases-legislative-action/reform-groups-urge-senators-to-support-legislation-introduced-today-by-senator-michael-bennet-to-curb-bundling-by-lobbyists-for-members-of-congress/>.
Share
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
lobbying <http://electionlawblog.org/?cat=28>
In #MSSEN Challenge with Republican Party, McDaniel Apparently Cites
No Evidence of Voter Fraud <http://electionlawblog.org/?p=63872>
Posted on July 31, 2014 11:20 am <http://electionlawblog.org/?p=63872>by
Rick Hasen <http://electionlawblog.org/?author=3>
This
<http://talkingpointsmemo.com/livewire/chris-mcdaniel-thad-cochran-mississippi-republican-party-recognize-votes>,
instead of "8300 questionable ballots."
Share
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Posted in campaigns <http://electionlawblog.org/?cat=59>, chicanery
<http://electionlawblog.org/?cat=12>, fraudulent fraud squad
<http://electionlawblog.org/?cat=8>, political parties
<http://electionlawblog.org/?cat=25>, primaries
<http://electionlawblog.org/?cat=32>
Irony Dept: Only Evidence of Voter Fraud Cited by WI Supreme Court
Involves Scott Walker Supporter Committing Fraud ID Law Would Not
Prevent <http://electionlawblog.org/?p=63868>
Posted on July 31, 2014 9:37 am <http://electionlawblog.org/?p=63868>by
Rick Hasen <http://electionlawblog.org/?author=3>
In both of today's Wisconsin Supreme Court voter id cases (the NAACP
case
<http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=118667>
and the LWV case
<http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=118665>),
the court majority includes an identical footnote to rebut the argument
that there's no good evidence of in person, impersonation voter fraud to
support the state's voter id requirement. (Justice Crooks' dissent in
the NAACP case describes the lack of good evidence of impersonation
voter fraud, and the testimony of Professor Kenneth Mayer in some
detail). Here is the footnote, in full:
A recent filing in Milwaukee County demonstrates that voter fraud is
a concern. See State v. Monroe, 2014CF2625 (June 20, 2014), wherein
the Milwaukee County District Attorney's office filed a criminal
complaint against Robert Monroe that alleged 13 counts of voter
fraud, including multiple voting in elections and providing false
information to election officials in order to vote.
My irony meter started blinking uncontrollably when I read this. The
Monroe allegations were recently described by TPM in Scott Walker
Supporter Charged With Major Voter Fraud Claims Amnesia:
<http://talkingpointsmemo.com/muckraker/robert-monroe-voter-fraud-wisconsin>
A supporter of Wisconsin Gov. Scott Walker (R) has been charged with
over a dozen counts of election fraud --- though he reportedly
claims a form of temporary amnesia has left him unable to recall his
actions.
In an indictment filed in Milwaukee County court on Friday, Robert
Monroe, 50, of Shorewood, Wis., was charged with 13 felony counts of
election fraud, each of which could carry up to three and a half
years in prison, or a $10,000 fine, upon conviction. Monroe is
accused of registering to vote in more than one place, voting where
he didn't live, voting more than once in the same election, and
providing false information to election officials.
The indictment said that Monroe, a health insurance executive,
"became especially focused upon political issues and causes" in 2011
and 2012, and was particularly invested in the recall elections that
followed the state's fight over public employees' collective
bargaining rights. Monroe allegedly cast at least two ballots in
three elections (an April 2011 Supreme Court election, an August
2011 state Senate recall election, and the 2012 presidential
election) and cast five ballots in the state's June 2012
gubernatorial recall.
From TPM's description of the indictment, it does not appear that ANY
of the alleged 13 counts of voter fraud that Mr. Monroe was charged with
would have been stopped by a voter id requirement. And note that all of
them were caught /without/ a voter id requirement. And note that despite
the fact that the most rabid conservatives calling for voter id claim
(as Roger Clegg did at a recent event I did with him at the University
of Chicago's Institute of Politics) that when voter fraud occurs it is
usually done to help Democrats, this /only/ case cited by the Wisconsin
Supreme Court majority involves a rabid conservative supporter of Scott
Walker.
*UPDATE:* A reader points out "The only possible prevention would ---
/maybe/ --- have been the absentee voting in his son's name. Under Act
23, you do have to enclose a photocopy of an ID with a mailed absentee
ballot in most cases (either when you request it or return it). But
he could have easily gotten around it by just making such a copy when it
was convenient for him. If you ask for regular absentee ballots, you
need to include a copy of the ID when you first apply, but do not have
to do so after that initial application (unless you reregister).
Registering in multiple locations --- not prevented, since any photo ID
you present when registering doesn't have to have an address on it; you
can satisfy that requirement with other documents. Voting [in
Wisconsin] and in Indiana --- not prevented, since he apparently had an
Indiana drivers license."
Another reader pointed out that the Monroe prosecution is happening
after the lower court ruling, and was not in evidence before the lower
court. I believe it has become increasingly common for appellate courts
to cite matters not in the record which the judges or their clerks find
from a little googling.
Share
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Posted in election administration <http://electionlawblog.org/?cat=18>,
fraudulent fraud squad <http://electionlawblog.org/?cat=8>, The Voting
Wars <http://electionlawblog.org/?cat=60>, voter id
<http://electionlawblog.org/?cat=9>
WI Supreme Court Rewrites State Voter ID Law to Prevent It from
Being an Unconstitutional Poll Tax
<http://electionlawblog.org/?p=63866>
Posted on July 31, 2014 9:29 am <http://electionlawblog.org/?p=63866>by
Rick Hasen <http://electionlawblog.org/?author=3>
In today's 4-3 Wisconsin Supreme Court voter id case (the NAACP case
<http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=118667>,
not the LWV case
<http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=118665>),
the Wisconsin Supreme Court splits along party lines in upholding the
voter id law against a challenge that it violates the state
constitution. Nonetheless the Court rewrites the law to avoid a
constitutional problem it identifies. Roughly speaking, although WI law
lets you get a free state id if you don't have one for voting, the costs
of obtaining the birth certificate or other proof needed to get the id
is not free. The majority then imposes a requirement that the DMV
consider giving the birth certificate for free for this purpose using
its discretion. From paragraph 70:
Stated otherwise, to invoke an administrator's discretion in the
issuance of a DOT photo identification card to vote, an elector:
(1) makes a written petition to a DMV administrator as directed by
Wis. Admin. Code § Trans 102.15(3)(b) set forth above; (2) asserts
he or she is "unable" to provide documents required by § Trans
102.15(3)(a) without paying a fee to a government agency to obtain
them; (3) asserts those documents are "unavailable" without the
payment of such a fee; and (4) asks for an exception to the
provision of § Trans 102.15(3)(a) documents whereby proof of name
and date of birth that have been provided are accepted. § Trans
102.15(3)(b) and (c). Upon receipt of a petition for an exception,
the administrator, or his or her designee, shall exercise his or her
discretion in a constitutionally sufficient manner.
Dissenting Justice Crooks remarks on this procedure:
If the majority opinion leaves in place the discretion of DMV
administrators to issue exceptions to those burdened by the cost of
obtaining underlying documentation, it fails to guarantee
constitutional protections against poll taxes. On the other hand, if
the majority opinion requires DMV administrators to issue photo
identification cards to individuals who are burdened by the cost of
obtaining required underlying documentation, then it is directing a
nonparty to take specific action, which it has no authority to do.
In sum, the remedy imposed by the majority, under either
approach, is flawed.
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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>
"Hundreds of big donors, including Obama bundlers, are 'Ready for
Hillary'" <http://electionlawblog.org/?p=63864>
Posted on July 31, 2014 9:21 am <http://electionlawblog.org/?p=63864>by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo reports.
<http://www.washingtonpost.com/politics/hundreds-of-big-donors-including-obama-bundlers-are-ready-for-hillary/2014/07/31/e9dfbdf2-181e-11e4-9349-84d4a85be981_story.html>
Share
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
Paul Gronke's Reflections on Being Election Observer in Ukraine
<http://electionlawblog.org/?p=63862>
Posted on July 31, 2014 8:41 am <http://electionlawblog.org/?p=63862>by
Rick Hasen <http://electionlawblog.org/?author=3>
Top this week's Electionline Weekly
<http://www.electionline.org/index.php/electionline-weekly>.
Share
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Posted in election administration <http://electionlawblog.org/?cat=18>
"Eric Holder Takes Voting Rights Battle to Ohio, Wisconsin"
<http://electionlawblog.org/?p=63860>
Posted on July 31, 2014 8:38 am <http://electionlawblog.org/?p=63860>by
Rick Hasen <http://electionlawblog.org/?author=3>
WSJ reports.
<http://online.wsj.com/articles/eric-holder-takes-voting-rights-battle-to-ohio-wisconsin-1406752699>
Share
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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>, Voting Rights Act
<http://electionlawblog.org/?cat=15>
"125,000 receive erroneous notification regarding voting status"
<http://electionlawblog.org/?p=63858>
Posted on July 31, 2014 8:37 am <http://electionlawblog.org/?p=63858>by
Rick Hasen <http://electionlawblog.org/?author=3>
Times Dispatch
<http://www.timesdispatch.com/news/state-regional/virginia-politics/receive-erroneous-notification-regarding-voting-status/article_6a908c80-1822-11e4-be1e-001a4bcf6878.html>:
"The Virginia Department of Elections has erroneously mailed
notifications to about 125,000 registered Virginia voters raising
uncertainty regarding their voting status."
Share
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Posted in election administration <http://electionlawblog.org/?cat=18>
"Minneapolis Registration Controversy Leads to Wider Scrutiny of
Private Mail Centers" <http://electionlawblog.org/?p=63856>
Posted on July 31, 2014 8:34 am <http://electionlawblog.org/?p=63856>by
Rick Hasen <http://electionlawblog.org/?author=3>
A ChapinBlog.
<http://blog.lib.umn.edu/cspg/electionacademy/2014/07/minneapolis_registration_contr.php>
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63856&title=%E2%80%9CMinneapolis%20Registration%20Controversy%20Leads%20to%20Wider%20Scrutiny%20of%20Private%20Mail%20Centers%E2%80%9D&description=>
Posted in absentee ballots <http://electionlawblog.org/?cat=53>,
election administration <http://electionlawblog.org/?cat=18>
"Corporations Have Found Yet Another (Secret) Way To Help Get
Politicians Elected" <http://electionlawblog.org/?p=63854>
Posted on July 31, 2014 8:32 am <http://electionlawblog.org/?p=63854>by
Rick Hasen <http://electionlawblog.org/?author=3>
Paul Blumenthal
<http://www.huffingtonpost.com/2014/07/31/super-pacs-corporations_n_5635382.html>:
On June 14, 2012, someone created a corporation in Ohio called
American Dream Fund LLC
<http://www2.sos.state.oh.us/reports/rwservlet?imgc&Din=201217001210>.
Six months later, this corporation made a $250,000 contribution to a
super PAC called Advancing Freedom Action Network
<http://about.me/advancingfreedom>, which supports the re-election
of Ohio Secretary of State Jon Husted (R).
The actual person behind American Dream Fund LLC remains unknown.
The limited liability corporation was created by an incorporation
firm called CT Corporation System. The LLC's listed agents are
simply hired incorporators working for CT Corporation System.
The contribution itself was even made harder to detect. Advancing
Freedom Action Network, which was registered with the Federal
Election Commission in August 2012 by Husted ally Kevin DeWine,
failed to file reports electronically, as required by law. The
American Dream Fund contribution appeared only on a paper report
<http://docquery.fec.gov/pdf/341/13031021341/13031021341.pdf>, where
it was apparently missed by the FEC staff and automated software. It
is not noted on the FEC's webpage for the super PAC or in other
campaign contribution databases across the Internet.
DeWine did not respond to a request for comment.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
election administration <http://electionlawblog.org/?cat=18>
"Politicians: The Good , The Bad, and The Corrupt--and their
Different 'Constituencies'" <http://electionlawblog.org/?p=63852>
Posted on July 31, 2014 8:30 am <http://electionlawblog.org/?p=63852>by
Rick Hasen <http://electionlawblog.org/?author=3>
Bauer blogs.
<http://www.moresoftmoneyhardlaw.com/2014/07/politicians-good-bad-corrupt-different-constituencies/>
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63852&title=%E2%80%9CPoliticians%3A%20The%20Good%20%2C%20The%20Bad%2C%20and%20The%20Corrupt%E2%80%93and%20their%20Different%20%E2%80%98Constituencies%E2%80%99%E2%80%9D&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Groups Seek Summary Judgment Against FEC for Dismissal of
Crossroads GPS Complaint" <http://electionlawblog.org/?p=63850>
Posted on July 31, 2014 8:25 am <http://electionlawblog.org/?p=63850>by
Rick Hasen <http://electionlawblog.org/?author=3>
See here
<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=2555:fec-general-counsels-findings-a-recommendations-to-investigate-ignored&catid=63:legal-center-press-releases&Itemid=61>.
Share
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
Breaking: Divided WI Supreme Court Upholds Voter ID Law; Federal Ban
Still in Effect <http://electionlawblog.org/?p=63845>
Posted on July 31, 2014 6:20 am <http://electionlawblog.org/?p=63845>by
Rick Hasen <http://electionlawblog.org/?author=3>
Following up onthis post <http://electionlawblog.org/?p=63841>, the
Wisconsin Supreme Court, on a 4-3 vote (and 5-2 vote in the second case
[corrected]), has rejected
<http://www.jsonline.com/news/statepolitics/divided-court-upholds-wisconsins-voter-id-law-b99321108z1-269363811.html>two
challenges to the state's voter id law.
The federal ban on the law under the U.S. Constitution and Section 2 of
the Voting Rights Act remains in effect.
You can read the opinions here
<http://electionlawblog.org/wp-content/uploads/2012AP000584.pdf> and
here <http://electionlawblog.org/wp-content/uploads/2012AP000584.pdf>.
Many had thought the Wisconsin court would strike down the law following
questions at oral argument, and there was talk at one point of a special
session to revise the law to deal with objections. That talk went away
with the federal ruling in Frank v. Walker. That case is now pending at
the 7th Circuit and the opinion will be important and likely
influential, being the first appellate case to deal with the Section 2
issue.
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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>
"U.S. Attorney Warns Cuomo on Ethics Case "
<http://electionlawblog.org/?p=63843>
Posted on July 30, 2014 9:32 pm <http://electionlawblog.org/?p=63843>by
Rick Hasen <http://electionlawblog.org/?author=3>
Woah
<http://www.nytimes.com/2014/07/31/nyregion/us-attorney-warns-cuomo-on-ethics-case-.html?referrer=>:
In an escalation of the confrontation between the United States
attorney in Manhattan, Preet Bharara, and Gov. Andrew M. Cuomo
<http://topics.nytimes.com/top/reference/timestopics/people/c/andrew_m_cuomo/index.html?inline=nyt-per>
over the governor's cancellation of his own anticorruption
commission, Mr. Bharara has threatened to investigate the Cuomo
administration for possible obstruction of justice or witness tampering.
The warning, in a sharply worded letter from Mr. Bharara's office,
came after several members of the panel issued public statements
defending the governor's handling of the panel, known as the
Moreland Commission, which Mr. Cuomo created last year with promises
of cleaning up corruption in state politics but shut down abruptly
in March.
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Posted in ethics investigations <http://electionlawblog.org/?cat=42>
Wisconsin Supreme Court Set to Issue Voter ID Ruling, Other Major
Rulings, Thursday Morning--Could Moot Federal Case
<http://electionlawblog.org/?p=63841>
Posted on July 30, 2014 8:36 pm <http://electionlawblog.org/?p=63841>by
Rick Hasen <http://electionlawblog.org/?author=3>
Milwaukee Journal Sentinel
<http://www.jsonline.com/news/statepolitics/act-10-voter-id-same-sex-partner-issues-converge-thursday-b99320335z1-269071231.html>:
Three bolts of legal lightning --- affecting union bargaining,
election law and same-sex couples --- will finally come down
Thursday morning in what promises to be a historic day for the
Wisconsin Supreme Court.
Set for release are long-awaited opinions on whether Gov. Scott
Walker's labor law is constitutional, whether voters can be made to
show photo IDs and whether the state can run a registry for same-sex
partners. On the question of photo ID at the polls, the court is
ruling on two consolidated lawsuits challenging the same law,
meaning essentially four significant legal cases in all being
decided Thursday.
The article says the voter id ruling won't be so significant because a
federal court has already held the law unconstitutional and a violation
of Section 2 of the Voting Rights Act. But that federal court ruling,
Frank v. Walker, is a quite significant ruling on the meaning of the
Voting Rights Act in vote denial cases. A state ruling striking down the
id on state law grounds could moot the appeal in Frank v. Walker,
meaning we will not get our first federal appellate ruling (this from
the 7th Circuit) on the vote denial Section 2 issue. and potentially
even lead to an attempt to vacate the federal court opinion. So
tomorrow's ruling, if it does strike down the law, could have some
national implications.
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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>
Yahoo News Lists Major Donors to "No Labels"
<http://electionlawblog.org/?p=63838>
Posted on July 30, 2014 4:46 pm <http://electionlawblog.org/?p=63838>by
Rick Hasen <http://electionlawblog.org/?author=3>
Much more interesting stuff in this Meredith Shiner report.
<http://news.yahoo.com/no-labels--no-results--no-problem-212252637.html>
Share
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
Daily Kos Diarist Criticizes MayDay PAC for Supporting What Diarist
Terms Tea Party Candidate <http://electionlawblog.org/?p=63836>
Posted on July 30, 2014 3:40 pm <http://electionlawblog.org/?p=63836>by
Rick Hasen <http://electionlawblog.org/?author=3>
Here
<http://www.dailykos.com/story/2014/07/29/1317493/-Mayday-PAC-s-first-two-candidate-choices-Does-the-left-hand-know-what-the-right-hand-s-doing>.
Share
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
campaigns <http://electionlawblog.org/?cat=59>
Three Democratic FEC Commisioners Release Statement on "Dark Money"
in Relation to Commission Deadlock on Americans for Job Security,
AAN <http://electionlawblog.org/?p=63833>
Posted on July 30, 2014 2:56 pm <http://electionlawblog.org/?p=63833>by
Rick Hasen <http://electionlawblog.org/?author=3>
You can read it here <http://go.usa.gov/NcGB>.
UPDATE: Here <http://t.co/9xV3L2U6eJ> is the statement from the
Republican commissioners.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
election commission <http://electionlawblog.org/?cat=24>
"How the Republican Governors Association chose sides in Colorado's
primary" <http://electionlawblog.org/?p=63831>
Posted on July 30, 2014 1:32 pm <http://electionlawblog.org/?p=63831>by
Rick Hasen <http://electionlawblog.org/?author=3>
Reid Wilson
<http://www.washingtonpost.com/blogs/govbeat/wp/2014/07/30/how-the-republican-governors-association-chose-sides-in-colorados-primary/>:
"Though it ostensibly stays neutral in primary elections, the Republican
Governors Association appears to have played favorites in at least one
contest this year, apparently financing outside spending against a
well-known fellow Republican."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
campaigns <http://electionlawblog.org/?cat=59>
"Leaked Docs: How a Secret FreedomWorks Donor Sought a Return on Its
'Investments'" <http://electionlawblog.org/?p=63829>
Posted on July 30, 2014 12:50 pm <http://electionlawblog.org/?p=63829>by
Rick Hasen <http://electionlawblog.org/?author=3>
Andy Kroll reports
<http://www.motherjones.com/politics/2014/07/freedomworks-switzerland-richard-stephenson-matt-kibbe>
for Mother Jones.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
DOJ Files Amicus Brief in Wisconsin Voter ID Case, Statement of
Interest in Ohio Early Voting Case
<http://electionlawblog.org/?p=63827>
Posted on July 30, 2014 12:34 pm <http://electionlawblog.org/?p=63827>by
Rick Hasen <http://electionlawblog.org/?author=3>
DOJ Wisconsin Filing
<http://www.scribd.com/doc/235474087/DOJ-Wisconsin-Filing>
DOJ Ohio Filing <http://www.scribd.com/doc/235474083/DOJ-Ohio-Filing>
Ryan Reilly
<http://www.huffingtonpost.com/2014/07/30/obama-voting-rights-ohio-wisconsin_n_5634804.html?utm_hp_ref=tw>
HuffPo story.
DOJ Press release:
*ATTORNEY GENERAL HOLDER ANNOUNCES JUSTICE DEPARTMENT FILINGS IN
VOTING RIGHTS CASES IN WISCONSIN AND OHIO*
WASHINGTON -- Attorney General Eric Holder announced today that the
Justice Department has submitted filings in voting rights cases in
Wisconsin and Ohio. The department's involvement in these two cases
represents its latest steps to enforce the remaining parts of the
Voting Rights Act against restrictive state laws, following up on
the department's lawsuits last year against similar measures in
Texas and North Carolina.
In the Wisconsin case, the department filed an amicus brief in
/Frank v. Walker/ and /LULAC v. Deininger/, supporting an earlier
ruling by the U.S. District Court for the Eastern District of
Wisconsin that struck down Wisconsin's strict photo voter
identification requirement due to its effects on minority voters
under Section 2 of the Voting Rights Act, and because it unduly
burdens a substantial number of voters in violation of the
Fourteenth Amendment. In the Ohio case, the department filed a
statement of interest in /NAACP v. Husted/, a challenge by a civil
rights group to a state law curtailing early voting and same day
registration. The department's brief contests the state of Ohio's
incorrect interpretation of the standards set forth by Section 2 of
the Voting Rights Act.
"These filings are necessary to confront the pernicious measures in
Wisconsin and Ohio that would impose significant barriers to the
most basic right of our democracy," said Attorney General Eric
Holder. "These two states' voting laws represent the latest,
misguided attempts to fix a system that isn't broken. These
restrictive state laws threaten access to the ballot box. The
Justice Department will never shrink from our responsibility to
protect the voting rights of every eligible American. And we will
keep using every available tool at our disposal to guard against all
forms of discrimination, to prevent voter disenfranchisement, and to
secure the rights of every citizen."
In the amicus brief filed today in the U.S. Court of Appeals for the
Seventh Circuit, the department argues that the district court
reached the correct decision by finding that Wisconsin's voter ID
law, known as Act 23, violated the Fourteenth Amendment, because it
imposes unjustified burdens on a significant number of voters, and
violated Section 2 of the Voting Rights Act, because it has a
discriminatory result on African-American and Hispanic voters. In
addition to finding that Act 23 would result in minority voters
having less opportunity to participate in the political process
relative to other members of the electorate, the court found that
the state's claimed interests in combating voter fraud and promoting
electoral confidence did not justify the significant burdens Act 23
imposes on substantial numbers of voters who lack a qualifying ID.
In the statement of interest filed today in U.S. District Court for
the Southern District of Ohio, the department makes clear that
Section 2 prohibits the state of Ohio from imposing any voting
qualification, prerequisite to voting, or any standard, practice or
procedure that would result in the denial or abridgement of the
right to vote on account of a person's race, color or membership in
a language minority group. The filing also makes clear that in its
own filings in the case the state of Ohio has incorrectly
interpreted its requirements under Section 2. The department did
not take a position on any of the other claims in the case.
"The United States Department of Justice today affirms its clear
position that, under Wisconsin's Act 23, minority voters have less
opportunity to participate in the political process," said James L.
Santelle, United States Attorney for the Eastern District of
Wisconsin. "The amicus brief that we are filing not only supports
the trial court's findings but also reflects the department's
continuing focus on ensuring that the franchise remains fully
available to all qualified voters."
"Wisconsin's proud history is one of expanding the opportunity to
vote," said John W. Vaudreuil, United States Attorney for the
Western District of Wisconsin. "I'm honored to file this brief with
the United States Department of Justice seeking to ensure that this
great Wisconsin tradition is reaffirmed, and that every Wisconsin
citizen has an equal opportunity to participate in democracy."
"This office remains committed to preserving the rights of every
Ohio voter," said Steven M. Dettelbach, United States Attorney for
the Northern District of Ohio. "Making sure that courts continue to
carefully examine voting restrictions, such as the ones recently
imposed in this state, is an important part of that effort."
In the year since the Supreme Court struck down the coverage formula
that determined which jurisdictions were subject to preclearance
under the Voting Rights Act in /Shelby v. Holder/, Section 2 of the
Voting Rights Act remains one of the department's most powerful
tools to protect voting rights. Last year the department used
Section 2 to file two lawsuits against the state of Texas to stop
the newly enacted discriminatory voter ID law and and to obtain a
ruling that the state engaged in intentional discrimination in
adopting its 2011 redistricting plans. In North Carolina, the
department used Section 2 to sue to stop a number of provisions in
an election law that imposes strict voter ID requirements, restricts
early voting, eliminates same-day registration and refuses to count
otherwise valid provisional ballots cast in the wrong precinct. The
suit alleges that the challenged law was motivated by a racially
discriminatory purpose and will result in African-American voters
having less opportunity than other citizens to participate in the
political process. All three cases are ongoing.
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60>, Voting
Rights Act <http://electionlawblog.org/?cat=15>
"Hood calls out 'political blogger' in pay-to-lie scheme"
<http://electionlawblog.org/?p=63825>
Posted on July 30, 2014 12:10 pm <http://electionlawblog.org/?p=63825>by
Rick Hasen <http://electionlawblog.org/?author=3>
Clarion Ledger
<http://www.clarionledger.com/story/dailyledes/2014/07/30/jim-hood-political-blogger/13363041/>:
Attorney General Jim Hood
<http://www.clarionledger.com/search/Jim%20Hood/> said his office is
investigating whether a "political blogger" paid a Meridian man to
lie about a vote-buying scheme.
During his speech at the Neshoba County Fair, Hood called for more
civility and integrity in political races and pointed to the
Republican primary for U.S. Senate as being out of control. He said
a "political blogger" paid a self-described pastor to lie about
being asked to pay people to vote and that things like that do
nothing to help political discourse.
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Posted in chicanery <http://electionlawblog.org/?cat=12>, vote buying
<http://electionlawblog.org/?cat=43>
Irony Dept: Group Exposing Names of Signers of Anti-Gay Petition are
Themselves Staying Anonymous Citing Fears of Harassment
<http://electionlawblog.org/?p=63823>
Posted on July 30, 2014 11:58 am <http://electionlawblog.org/?p=63823>by
Rick Hasen <http://electionlawblog.org/?author=3>
You can't make this stuff up.
Chris Geidner
<http://www.buzzfeed.com/chrisgeidner/mystery-campaign-publishes-names-addresses-of-opponents-of-l>:
In a twist, the people behind the website, HEROpetition.com, are
themselves remaining anonymous. A person responding to an inquiry
made to the email address provided on the website, HEROpetition.com,
told BuzzFeed Tuesday night that they "aren't identifying people
associated with the website to protect our personal safety."
The domain name was registered on July 3 through Domains By Proxy, a
service whose purpose is to mask the identity of a person purchasing
a web domain. The person or people making the petitions available to
all defended their anonymity.
"The personal safety risks to the people who run this site are far
greater than the risk to any one individual among tens of thousand
who signed the petition," the person responding to inquires made at
the website's email address wrote to BuzzFeed. "[S]ome people claim
they will be the victims of harassment because of this site, but
some of them have no problem coming after the folks on this side.
People who have spoken out publicly in favor of HERO are already
facing threats against their jobs."
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Posted in direct democracy <http://electionlawblog.org/?cat=62>
In Personal Email, Lois Lerner Called Conservatives "Assholes"
<http://electionlawblog.org/?p=63821>
Posted on July 30, 2014 10:26 am <http://electionlawblog.org/?p=63821>by
Rick Hasen <http://electionlawblog.org/?author=3>
WSJ
<http://online.wsj.com/articles/gop-says-lerner-email-shows-bias-against-conservatives-1406739923?mod=rss_US_News>:
A newly discovered email
<http://waysandmeans.house.gov/uploadedfiles/lerner_email_a.pdf>
shows that former Internal Revenue Service official Lois Lerner once
referred to conservatives as "---holes," according to new documents
released by House Republicans.
In the November 2012 email exchange, apparently with a friend or
family member, Ms. Lerner also suggests that conservatives could
threaten the nation's future, saying, "So we don't need to worry
about alien teRrorists [sic]. It's our own crazies that will take us
down."
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Posted in tax law and election law <http://electionlawblog.org/?cat=22>
Post navigation
? Older posts <http://electionlawblog.org/?paged=2>
--
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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