[EL] ELB News and Commentary 8/11/14
Rick Hasen
rhasen at law.uci.edu
Sun Aug 10 21:02:13 PDT 2014
"The New Racism: This is how the civil rights movement ends"
<http://electionlawblog.org/?p=64191>
Posted onAugust 10, 2014 8:39 pm
<http://electionlawblog.org/?p=64191>byRick Hasen
<http://electionlawblog.org/?author=3>
Must read TNR cover story
<http://www.newrepublic.com/article/119019/civil-rights-movement-going-reverse-alabama>by
Jason Zengerle on African American political power in Alabama and in the
South.
Similarly, after a lawsuit was brought by the Alabama Democratic
Conference and the Alabama Legislative Black Caucus, a three-judge
federal court upheld the maps in a two-to-one ruling. Noting that
several of the plaintiffs had been content with the
majority-minority districts drawn by Democrats in 2001, the court's
majority opinion asked: "What has changed in the last few years to
support the conclusion, from the perspective of the Black Caucus
plaintiffs, that the new majority-black districts are
unconstitutional when the old majority-black districts were
constitutional? The answer is simple: The Republicans now control
the Legislature instead of the Democrats."
But the implications of this go far beyond partisanship. Because of
increasingly racially polarized voting patterns in the South, party
has become a stand-in for race. As University of California at
Irvine law professor Rick Hasen recently wrote in the Harvard Law
Review, "The realignment of the parties in the South following the
Civil Rights movement of the 1960s has created a reality in which
today most African American voters are Democrats and most white
conservative voters are Republicans." That means that, as Democrats
have lost ground in statehouses in Alabama and elsewhere across the
South, so have African Americans. According to research by David
Bositis, in 1994, 99.5 percent of black state legislators in the
South served in the majority. By 2010, the percentage had fallen to
50.5. Today, it's a mere 4.8 percent.
Political scientists distinguish between descriptive representation
and substantive representation. The former focuses on the number of,
say, African Americans who are elected to a legislative body, while
the latter focuses on the effect of those African American
representatives on the legislation passed by that body. It was easy
to see, by the early '80s, that the Voting Rights Act had
successfully achieved descriptive representation for African
Americans in the Southern state legislatures. But, as time went on,
it began to achieve substantive representation, as well. "There was
a thirty-year period in the South, from about 1980 to 2010, where
there really was biracial collaboration and cooperation in
politics," says Bositis. "And it was a genuine biracial
politics---more genuine than in some northern states." The political
scientist David Lublin, who did pioneering research on the impact of
the VRA, recalls making his first visit to Mississippi in the early
2000s and attending a legislative session in Jackson. "You walk down
this long hallway lined with all the old legislature photos, and
everyone in the pictures is white," he says. "But then you enter the
actual chamber and you watch people discussing things, and it's a
racial mixture, black and white politicians having a good and
substantive debate. It felt like, 'Wow, democracy!' "
But as any visitor to the Alabama statehouse in the past four years
could tell you, those days of wonder are long gone---and they're not
likely to return any time soon. While the U.S. Supreme Court
recently agreed to hear a pair of appeals of the Alabama
redistricting decision, it's doubtful that the conservative Roberts
court---the same court, after all, that last year struck down a key
provision of the VRA---will overturn the lower court's decision.
This, in turn, will affect far more than the politics of just
Alabama and the region.
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Posted inpolitical parties
<http://electionlawblog.org/?cat=25>,political polarization
<http://electionlawblog.org/?cat=68>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
"Midterms Give Parties Chance for Sweeping Control of States"
<http://electionlawblog.org/?p=64189>
Posted onAugust 10, 2014 8:30 pm
<http://electionlawblog.org/?p=64189>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT reports
<http://www.nytimes.com/2014/08/11/us/politics/midterms-give-parties-chance-for-sweeping-control-of-states.html?ref=politics>.
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Posted incampaigns <http://electionlawblog.org/?cat=59>,legislation and
legislatures <http://electionlawblog.org/?cat=27>,political parties
<http://electionlawblog.org/?cat=25>,political polarization
<http://electionlawblog.org/?cat=68>
"Despite Failure, Campaign to Oust Tennessee Justices Keeps
Conservatives Hopeful" <http://electionlawblog.org/?p=64187>
Posted onAugust 10, 2014 8:28 pm
<http://electionlawblog.org/?p=64187>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT reports
<http://www.nytimes.com/2014/08/10/us/despite-failure-campaign-to-oust-tennessee-justices-keeps-conservatives-hopeful.html?ref=politics>.
See also Kenneth Jost,In Tennessee, Justices Win by Playing Game
<http://jostonjustice.blogspot.com/2014/08/in-tennessee-justices-win-by-playing.html>.
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Posted incampaigns <http://electionlawblog.org/?cat=59>,judicial
elections <http://electionlawblog.org/?cat=19>
"Hawaii Primary Results: Hurricane Iselle Delays Force Brian Schatz,
Colleen Hanabusa to Wait" <http://electionlawblog.org/?p=64185>
Posted onAugust 10, 2014 8:18 pm
<http://electionlawblog.org/?p=64185>byRick Hasen
<http://electionlawblog.org/?author=3>
Roll Call
<http://atr.rollcall.com/hawaii-primary-results-schatz-hanabusa/?dcz=>:
The Democratic primary between Hawaii Sen. Brian Schatz and Rep.
Colleen Hanabusa was too close to call early Sunday morning, and the
race may not be decided for days.
Voting in two precincts on the Big Island, which was hit hardest by
Hurricane Iselle, was postponed because of storm damage, KITV
reported
<http://www.kitv.com/news/election-postponed-for-two-big-island-precincts/27389336>.
Those Democrats will vote absentee and essentially decide the
contest, though Hanabusa has some ground to make up.
Both campaigns told Civil Beat
<http://www.civilbeat.com/2014/08/hawaii-us-senate-hanabusa-holds-slight-lead-over-schatz/> they
will be heading to the Big Island before the crucial final ballots
are cast.
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Posted incampaigns <http://electionlawblog.org/?cat=59>
Ohio Election Law 2014.2 Program <http://electionlawblog.org/?p=64182>
Posted onAugust 10, 2014 8:11 pm
<http://electionlawblog.org/?p=64182>byRick Hasen
<http://electionlawblog.org/?author=3>
The following announcement arrived via email:
To: Board of Elections officials, Prosecuting Attorneys, County
Political Parties, Candidates, and legal counsel :
The Academy of Continuing Legal Education program, "Ohio Election
Law 2014.2? will be presented August 27, 2014. This program has been
approved by the Supreme Court of Ohio, Office of CLE, for 6.5 hours
of attorney Continuing Legal Education, including 2.5 approved for
the new-for-2014 mandatory "Professional Conduct".
Application has been made for approval by the Secretary of State of
Ohio for 4.0 hours of credit toward the mandatory Additional
Instruction for Board of Elections members, directors, and deputy
directors, for the portions of this program that are updates of the
program that was prseented in March 2014, and approved by the
Secretary of State. On July 23, the Secretary of State approved ONE
hour of the requested four hours for Board of Elections credit. The
Academy is sending this announcement so that folks who plan to
attend for the purpose of learning about significant developments in
Ohio Election Law, regardless of credit hours, may know that, with
at least one credit hour approved, you may justify your attendance.
This program is of interest to county prosecuting attorneys involved
in the election process, attorneys who are legal counsel to
political campaign organizations, and attorneys who are themselves
candidates, election officials, and political party officers.
Non-attorney election officials, political party officers, active
citizens, and candidates are welcome to attend.
This program is presented at the Richfield Conference Center in the
Days Inn, formerly the Quality Inn, 4742 Brecksville Road,
Richfield, Ohio 44286, on S. R. 21 at I-77 and I-80, between
Cleveland and Akron.
Topics are:
"Court Decisions Affecting Ohio Election Law". 1.5 hour discussing
Federal and Supreme Court of Ohio decisions, including the June,
2014, Supreme Court of the United States decision in Susan B.
Anthony List v. Dreihaus.. This section is presented by Timothy M.
Burke, Esq., president of Manley Burke, a legal professional
association; a member of the Hamilton County Board of Elections
since 1993; and a United Nations International Supervisor of
Elections in Bosnia in 1997. This section is approved for 1.5 hour
general CLE.
"Legislation, Directives, and Advisories: Administering Ohio
Election Law at the County Board of Elections". 1.5 hour discussing
2013 and 2014 legislative amendments of Ohio Election Law, and
Secretary of State Directives and Advisories, that will affect the
2014 election cycle, including voter registration, residency, and
early voting, as interpreted by Ohio and Federal Courts, affecting
the operation of Boards of Elections. This section is presented by
Bradley L. Cromes, Deputy Director of the Portage County Board of
Elections and an officer of the Ohio Association of Election
Officials. This section is approved for 1.5 hour general CLE.
"Campaign Practices, Campaign Finance, and the Ohio Elections
Commission". 1.0 hour discussing Candidate, Political Action
Committee, and Issue Committee, permitted and prohibited campaign
practices, required disclosures on campaign written, printed, and
electronic materials, Campaign Finance reporting, allowable
contributions, and allowable expenses; what matters come before the
Commission, how the Commission proceeds, what remedial acts the
Commission can require, and what penalties the Commission may
impose. This section is presented by Philip Richter, Esq.,
Executive Director of the Ohio Elections Commission. This section is
approved for 1.0 hour general CLE and approved for 1.0 hour of Board
of Elections Additional Instruction.
These three sections will all be presented before the lunch break,
so that attendees who do not have an interest in the attorney
"Professional Conduct" presentation may leave at 1:30 PM.
In the afternoon, the 2014 mandatory "Professional Conduct" topic
will be presented in two 75-minute sections presented by Linette M.
Stratford, Esq., Chief Assistant Prosecuting Attorney of the
Mahoning County Prosecutor. Ms. Stratford is also a member of the
adjunct faculty of Youngstown State University, where she has taught
Ethics for business students. Two topics will be discussed,
"Disciplinary Issues for Attorneys Who Hold Public Office" and
"Access to Justice", each of which have been approved for
"Professional Conduct" CLE and are not approved for Secretary of
State Board of Elections credit.
A Registration form with the complete program outline is attached.
Cost of enrollment in the 6.5-hour program is $215.00 for payments
received by August 15, 2014.. Cost of enrollment in the program is
$240.00 if payment is received after August 15, 2014, to offset the
expense of printing additional materials at the price of expedited
service. For Elections Officials, Prosecuting Attorneys, and other
employees of Ohio's smaller counties, a small-county discount for
EARLY registration is available, with details online at
AcademyofCLE.com/Discount.pdf. The small-county discount does not
apply to registrations received after August 15, so register early.
For attorneys attending from larger offices, the Academy will
register five attendees from the same office for the cost of four.
As a special promotion to encourage bipartisanship, if all four
members of a county Board of Elections register for this program,
the four registrations will be accepted for the price of three.
A group discount rate is available for guest rooms at the program
venue, the Days Inn Richfield, 4742 Brecksville Road, Richfield,
Ohio 44286, (330) 659-6151. The group rate is available under the
name "Academy of CLE Seminar".
You are encouraged to forward this announcement to any attorneys and
elections officials to whom this may be of interest, including legal
counsel to Boards of Elections, attorneys who are candidates for
election themselves or are legal counsel to campaign committees, and
attorneys who are county election officials or political party
officers. You are particularly encouraged to share this with
colleagues in other counties who may not have participated in the
Academy's earlier programs. Information on this program will be
updated online as information becomes available, along with
information on other programs presented by the Academy of Continuing
Legal Education, at http://AcademyofCLE.com. ;; Please contact me if
you have questions, AcademyofCLE@ aol.com.
Truly yours,
Christopher J. Mallin
The Academy of Continuing Legal Education
Christopher J. Mallin, Esq., Academic Co-ordinator
367 North Cleveland Avenue, Mogadore, OH 44260-2101
tel. (330) 592-4513; fax (330) 628-5326
AcademyofCLE@ aol.com, http: //AcademyofCLE.com
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,pedagogy
<http://electionlawblog.org/?cat=23>
"Topeka seniors shut out of primary by ID law, poll worker"
<http://electionlawblog.org/?p=64180>
Posted onAugust 10, 2014 7:49 pm
<http://electionlawblog.org/?p=64180>byRick Hasen
<http://electionlawblog.org/?author=3>
Topeka Capital-Journal:
<http://m.cjonline.com/news/2014-08-08/topeka-seniors-shut-out-primary-id-law-poll-worker?v=%3Cem%3E22%20min%2028%20sec%3C%2Fem%3E%20ago#gsc.tab=0>
The state's voter identification law and a poll worker who didn't
fully understand it prevented elderly residents of a Topeka care
facility from voting in Tuesday's primary election.
Secretary of State Kris Kobach confirmed Thursday that some
residents of Brewster Place in southwest Topeka who showed up to a
polling place there without I.D.s were turned away without being
issued provisional ballots, as required by law.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter id
<http://electionlawblog.org/?cat=9>
"'Dark Money' Pours in Arizona GOP Primary"
<http://electionlawblog.org/?p=64178>
Posted onAugust 10, 2014 7:46 pm
<http://electionlawblog.org/?p=64178>byRick Hasen
<http://electionlawblog.org/?author=3>
/The Republic/reports
<http://www.azcentral.com/story/news/arizona/politics/2014/08/10/arizona-republican-primary-dark-money/13856607/>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"North Carolina Becomes Latest Casualty of Supreme Court Voting
Rights Act Decision" <http://electionlawblog.org/?p=64175>
Posted onAugust 9, 2014 9:21 am
<http://electionlawblog.org/?p=64175>byRick Hasen
<http://electionlawblog.org/?author=3>
Ari Berman
writes<http://www.thenation.com/blog/180935/north-carolina-becomes-latest-casualty-supreme-courts-voting-rights-act-decision>for
/The Nation./
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Posted inDepartment 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>
"Lawmakers Consider Automatic Recounts in California Elections"
<http://electionlawblog.org/?p=64172>
Posted onAugust 8, 2014 8:32 pm
<http://electionlawblog.org/?p=64172>byRick Hasen
<http://electionlawblog.org/?author=3>
John Myers reports for KQED.
<http://blogs.kqed.org/newsfix/2014/08/08/lawmakers-consider-automatic-recounts-in-california-elections/>
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,recounts
<http://electionlawblog.org/?cat=50>
"U.S. judge declines to stop North Carolina's election law changes"
<http://electionlawblog.org/?p=64170>
Posted onAugust 8, 2014 8:09 pm
<http://electionlawblog.org/?p=64170>byRick Hasen
<http://electionlawblog.org/?author=3>
Reuters reports
<http://www.reuters.com/article/2014/08/09/us-usa-north-carolina-election-idUSKBN0G829T20140809>.
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Posted inDepartment 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>,voter registration
<http://electionlawblog.org/?cat=37>
"Judge Backs New Limits On North Carolina Voting"
<http://electionlawblog.org/?p=64168>
Posted onAugust 8, 2014 8:06 pm
<http://electionlawblog.org/?p=64168>byRick Hasen
<http://electionlawblog.org/?author=3>
Richard Fausset reports
<http://www.nytimes.com/2014/08/09/us/judge-in-north-carolina-upholds-2013-voting-law.html?ref=politics>for
the NYT.
Myearlier analysis is here <http://electionlawblog.org/?p=64152>.
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Posted inDepartment 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>
"Tiny Lead for Incumbent in Tennessee Primary Vote"
<http://electionlawblog.org/?p=64166>
Posted onAugust 8, 2014 8:04 pm
<http://electionlawblog.org/?p=64166>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT reports
<http://www.nytimes.com/2014/08/09/us/politics/tiny-lead-for-incumbent-in-tennessee-primary-vote.html?ref=politics>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Florida Redraws an Election Map That Was Ruled to Be
Unconstitutional" <http://electionlawblog.org/?p=64164>
Posted onAugust 8, 2014 8:02 pm
<http://electionlawblog.org/?p=64164>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT reports
<http://www.nytimes.com/2014/08/09/us/florida-redraws-an-election-map-that-was-ruled-to-be-unconstitutional.html?ref=politics>.
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Posted inredistricting <http://electionlawblog.org/?cat=6>
--
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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