[EL] ELB News and Commentary 8/15/14
Rick Hasen
rhasen at law.uci.edu
Thu Aug 14 20:38:09 PDT 2014
"Citizens United suing Colorado over 'Rocky Mountain Heist' funders"
<http://electionlawblog.org/?p=64323>
Posted onAugust 14, 2014 8:02 pm
<http://electionlawblog.org/?p=64323>byRick Hasen
<http://electionlawblog.org/?author=3>
Denver Post
<http://www.denverpost.com/election2014/ci_26338357/citizens-united-suing-colorado-over-rocky-mountain-heist>:
"Citizens United filed a lawsuit against Colorado Secretary of State
Scott Gessler in federal court in Denver Thursday, the first step in a
legal fight that could rewrite the ways states handle election disclosures."
Here is thecomplaint
<http://www.scribd.com/doc/236848788/Citizens-United-v-Gessler-federal-complaint>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
Lessig, Gilens at MIT "Anti-Corruption" Symposium
<http://electionlawblog.org/?p=64321>
Posted onAugust 14, 2014 8:00 pm
<http://electionlawblog.org/?p=64321>byRick Hasen
<http://electionlawblog.org/?author=3>
Details. <http://t.co/l8xPUPQPTO>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Panel wants L.A. to look at using prizes to boost voter turnout"
<http://electionlawblog.org/?p=64319>
Posted onAugust 14, 2014 8:00 pm
<http://electionlawblog.org/?p=64319>byRick Hasen
<http://electionlawblog.org/?author=3>
The LA Times reports
<http://www.latimes.com/local/lanow/la-me-ln-panel-prizes-voters-20140814-story.html>.
I look at the legality and policy arguments surrounding payments for
turnout (which are illegal throughout the U.S. in any election in which
a federal candidate is on the ballot) in my articleVote Buying.
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=257564>
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Posted invote buying <http://electionlawblog.org/?cat=43>
"Puna election will go forward Friday"
<http://electionlawblog.org/?p=64315>
Posted onAugust 14, 2014 3:19 pm
<http://electionlawblog.org/?p=64315>byRick Hasen
<http://electionlawblog.org/?author=3>
Breaking News
<http://www.staradvertiser.com/news/breaking/20140814_Hilo_judge_to_decide_fate_of_Friday_election_in_Puna.html?id=271291481> from
Hawaii: " A state Circuit Court judge on Thursday ruled that the state
Office of Elections can proceed with a vote Friday for two precincts in
Puna that could not open for Saturday's primary in the wake of Tropical
Storm Iselle."
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Posted inelection administration <http://electionlawblog.org/?cat=18>
In Longshot Bid, McDaniel Files Judicial Complaint Asking to Be
Declared Winner of #MSSEN Race <http://electionlawblog.org/?p=64310>
Posted onAugust 14, 2014 2:12 pm
<http://electionlawblog.org/?p=64310>byRick Hasen
<http://electionlawblog.org/?author=3>
You can read the 8 page complaintat this link
<http://ftpcontent4.worldnow.com/wlbt/PDF/McDanielPetition.pdf>. The
complaint essentially incorporates McDaniel's243-page complaint
<http://electionlawblog.org/?p=63981>filed with the MS Republican Party
into the complaint. He asks for votes from Hinds County and elsewhere
to be thrown out, and for him to be declared the winner of the election.
In the alternative, he asks for a new election [corrected]. The
complaint puts great emphasis on his argument that any voters (i.e.,
(Black) Democrats) who voted in the Republican runoff should have their
votes thrown out, because they violated MS law by voting without having
the intent to support the ultimate Republican nominee in the election.
McDaniel's chances of succeeding in this lawsuit are very, very small.
Inan earlier post,<http://electionlawblog.org/?p=63977>I explained why
McDaniel is likely to lose. Since I wrote that, it turns out his case is
even weaker, given that many of the votes he characterizes as illegal
crossover votes (by Democrats who actually voted in the Democratic
primary and were not eligible to vote in the Republican primary) were
actually votes by Republicans. McDaniel even challenges the votes ofhis
own lawyer! <http://electionlawblog.org/?p=63977> On the specifics of
why the challenge to the MS provision on voter intent is likely
unenforceable, see alsothis post. <http://electionlawblog.org/?p=62528>
And by the way, McDaniel's web page still irresponsibly accuses
Democrats of "stealing" the election. It is a serious allegation, but
one not backed by the evidence. Such charges are pernicious when they
are not backed by proof. For weeks McDaniel promised that proof and has
not delivered.
In sum,this has been a huge wind up for a whole lot of nothing.
UPDATE: A few people have asked about the political party 1st and 14th
amendment associational right claim in McDaniel's complaint. Here's the
quick answer about this, and why I don't think his argument will work:
A number of United States Supreme Court cases (Tashjian, California
Democratic Party v. Jones, Clingman v. Beaver) hold that political
parties have certain rights as to the form of primary that they use. In
Tashjian, the CT Republican Party wanted to open their primaries to
independents, but state law (with the state legislature controlled by
Democrats) had the primaries closed. The Supreme Court held that the
party could not be forced to use a closed primary if it wanted an open
one. Similarly, in Jones, the Court held that the parties could not be
forced by the state (through a voter initiative) to have a wide open
"blanket" primary if the parties want more closed primaries. That is,
the state gets to pick the form of the primary, and if a party objects
to the form, they have a constitutional right to have the party form
changed for them. (Clingman says the party does not have a right to
demand that members of other parties get to vote in their primary if the
other parties object.)
McDaniel seems to be saying that the MS Republican Party's right to a
closed primary was violated because Democrats got to vote in the
Republican primary. If McDaniel was able to bring suit on behalf of the
Republican Party, he would likely be able to convince a court to close
the Republican primary. Or, if McDaniel as a member of the state's
legislature got a bill passed to close the primaries (and the Republican
party did not object), he could get a closed primary that way too.
But McDaniel is not asking for either of these. He's saying the MS
Republican Party's rights were violated when Democrats voted in the
primary. But the rules, as they had been interpreted for decades by the
attorney general of the state allowed people from either party to vote
in the party primary--unless a voter walked in to the polling and
declared that she did not have an intent to vote for the party's nominee
in the general election. The SOS and AG /just before the
election/confirmed this understanding of MS law.
It is too late now for McDaniel to come in and say that the rules should
have been different. This issue was known before the election. He did
not challenge those rules. it would be quite unfair to go in and claim
after the election that the rules were unfair when there was ample
opportunity to challenge them before.
So while state Republicans may get a chance to close their primary if
they like under the Tashjian/Jones precedents, those precedents don't
give McDaniel anything now.
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Posted incampaigns <http://electionlawblog.org/?cat=59>,chicanery
<http://electionlawblog.org/?cat=12>,election administration
<http://electionlawblog.org/?cat=18>,fraudulent fraud squad
<http://electionlawblog.org/?cat=8>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voting
<http://electionlawblog.org/?cat=31>
"See What They Said: True the Vote vs. Everyone"
<http://electionlawblog.org/?p=64308>
Posted onAugust 14, 2014 1:49 pm
<http://electionlawblog.org/?p=64308>byRick Hasen
<http://electionlawblog.org/?author=3>
Jackson Jumbalaya
<http://kingfish1935.blogspot.com/2014/08/see-what-they-said-true-vote-v-everyone.html>:
Here is some political porn for the junkies out there. This is the
transcript for the True the Vote hearing held in federal court on
July 24. Catherine Engelbrecht's testimony begins on page 24. It's
worth reading. It gets more interesting when MSGOP lawyer Mike
Wallace begins his cross-examination at page 76 (see pages 85 and 86
as well.). Hinds County attorney Pieter Teiwussen's cross beings at
page 94 (read as well) and Rankin County attorney Craig Slay begins
his cross on page 97. Enjoy.
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Posted infraudulent fraud squad <http://electionlawblog.org/?cat=8>,The
Voting Wars <http://electionlawblog.org/?cat=60>
"Watchdog Groups Call on IRS to Take Timely Action on Adopting New
Regulations for Section 501(c)(4) Groups"
<http://electionlawblog.org/?p=64306>
Posted onAugust 14, 2014 1:47 pm
<http://electionlawblog.org/?p=64306>byRick Hasen
<http://electionlawblog.org/?author=3>
See here
<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=2575:august-14-2014-watchdog-groups-call-on-irs-to-adopt-new-rules-on-timely-basis-to-prevent-tax-laws-from-being-misused-to-hide-donors-financing-campaign-activities-in-2016-elections&catid=63:legal-center-press-releases&Itemid=61>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Joe Mathews: Give parents and politicians a break on residency
rules" <http://electionlawblog.org/?p=64304>
Posted onAugust 14, 2014 11:22 am
<http://electionlawblog.org/?p=64304>byRick Hasen
<http://electionlawblog.org/?author=3>
Zocalo.
<http://www.sacbee.com/2014/08/14/6626570/joe-mathews-give-parents-and-politicians.html>
Related: The Mixed Alarcon Verdict: Time To Abolish Candidate Residency
Requirements <http://electionlawblog.org/?p=63654>
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Posted inresidency <http://electionlawblog.org/?cat=38>
Electionline Exit Interview with MN SOS Mark Ritchie
<http://electionlawblog.org/?p=64302>
Posted onAugust 14, 2014 11:11 am
<http://electionlawblog.org/?p=64302>byRick Hasen
<http://electionlawblog.org/?author=3>
Here <http://www.electionline.org/index.php/electionline-weekly>.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
"Senate votes to allow new challenges to L.A. County board
districts" <http://electionlawblog.org/?p=64300>
Posted onAugust 14, 2014 10:19 am
<http://electionlawblog.org/?p=64300>byRick Hasen
<http://electionlawblog.org/?author=3>
Bill to expand California Voting Rights Act
<http://www.latimes.com/local/political/la-me-pc-senate-passes-bill-to-allow-challenges-to-la-county-board-districts-20140813-story.html?track=rss>awaits
Gov. Brown's signature.
Meanwhile, Fullerton
sued<http://www.ocregister.com/articles/city-631636-fullerton-council.html>under
the CA VRA.
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
"Cantor Voting Rights Act Legacy is Failure to Deliver, Democrats
Say" <http://electionlawblog.org/?p=64298>
Posted onAugust 14, 2014 10:00 am
<http://electionlawblog.org/?p=64298>byRick Hasen
<http://electionlawblog.org/?author=3>
Via Roll Call,
<http://blogs.rollcall.com/218/did-eric-cantor-help-thwart-action-on-voting-rights-act/?dcz=>Democrats
express disappointment about Eric Cantor's failure to follow through on
a VRA fix after dancing around it for a year.
But the writing was on the wallthe day the bill dropped
<http://electionlawblog.org/?p=58021>that it was going nowhere.
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>,VRAA
<http://electionlawblog.org/?cat=81>
"Judging Statutes" <http://electionlawblog.org/?p=64296>
Posted onAugust 14, 2014 9:22 am
<http://electionlawblog.org/?p=64296>byRick Hasen
<http://electionlawblog.org/?author=3>
Judge Robert Katzman has writtena new book
<http://global.oup.com/academic/product/judging-statutes-9780199362134?q=judging%20statutes&lang=en&cc=us>on
statutory interpretation for Oxford University Press. Here is the
description:
In an ideal world, the laws of Congress-known as federal
statutes-would always be clearly worded and easily understood by the
judges tasked with interpreting them. But many laws feature
ambiguous or even contradictory wording. How, then, should judges
divine their meaning? Should they stick only to the text? To what
degree, if any, should they consult aids beyond the statutes
themselves? Are the purposes of lawmakers in writing law relevant?
Some judges, such as Supreme Court Justice Antonin Scalia, believe
courts should look to the language of the statute and virtually
nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of
Appeals for the Second Circuit respectfully disagrees. In Judging
Statutes, Katzmann, who is a trained political scientist as well as
a judge, argues that our constitutional system charges Congress with
enacting laws; therefore, how Congress makes its purposes known
through both the laws themselves and reliable accompanying materials
should be respected. He looks at how the American government works,
including how laws come to be and how various agencies construe
legislation. He then explains the judicial process of interpreting
and applying these laws through the demonstration of two
interpretative approaches, purposivism (focusing on the purpose of a
law) and textualism (focusing solely on the text of the written
law). Katzmann draws from his experience to show how this process
plays out in the real world, and concludes with some suggestions to
promote understanding between the courts and Congress.
When courts interpret the laws of Congress, they should be mindful
of how Congress actually functions, how lawmakers signal the meaning
of statutes, and what those legislators expect of courts construing
their laws. The legislative record behind a law is in truth part of
its foundation, and therefore merits consideration.
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Posted instatutory interpretation <http://electionlawblog.org/?cat=21>
"Hearing set for Hanabusa's request to delay election"
<http://electionlawblog.org/?p=64293>
Posted onAugust 14, 2014 8:33 am
<http://electionlawblog.org/?p=64293>byRick Hasen
<http://electionlawblog.org/?author=3>
The latest
<http://www.staradvertiser.com/news/breaking/20140813_Hanabusa_asks_court_to_delay_Friday_election.html?id=271143681&wpisrc=nl_rdin&wpmm=1>from
Hawaii.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
"You Can't Make This S[tuff] Up: CO Town Sues ALL Its Voters"
<http://electionlawblog.org/?p=64291>
Posted onAugust 14, 2014 8:28 am
<http://electionlawblog.org/?p=64291>byRick Hasen
<http://electionlawblog.org/?author=3>
Doug Chapin flags abizarre story
<http://blog.lib.umn.edu/cspg/electionacademy/2014/08/you_cant_make_stuff_up_co_town.php?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+HHHElections+%28The+Election+Aacdemy%29>.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
"Media Matters' David Brock expands empire"
<http://electionlawblog.org/?p=64289>
Posted onAugust 14, 2014 7:49 am
<http://electionlawblog.org/?p=64289>byRick Hasen
<http://electionlawblog.org/?author=3>
Politico
<http://www.politico.com/story/2014/08/david-brock-citizens-for-responsibility-and-ethics-in-washington-110003.html>:
Its unwillingness to toe the party line miffed some Democrats,
including, sources say, House Minority Leader Nancy Pelosi, whose
members occasionally found themselves in CREW's cross hairs.
That bipartisan focus gave CREW credibility in the watchdog
community and made Sloan a go-to quote for reporters, leading Ms.
Magazine to ask
<http://www.msmagazine.com/winter2007/2007-02-01-mostfearedwoman.asp> in
2007 whether she was "The Most Feared Woman on Capitol Hill." But
the take-no-prisoners approach may have complicated efforts to raise
money from wealthy Democratic donors. And, in February 2012, the
group was demoted from the top tier
<http://www.politico.com/news/stories/0312/73534.html> of recipient
organizations recommended by the Democracy Alliance rich liberal
donor club during a reshuffling seen as boosting super PACs and
other groups closely aligned with Democrats. On the other hand,
Brock seems to have a golden touch with rich Democrats
<http://www.politico.com/story/2014/06/david-brock-liberal-millionaire-existential-crisis-108215.html>,
including billionaire financier George Soros
<http://www.politico.com/blogs/onmedia/1010/Soros_gives_1_million_to_Media_Matters.html>.
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Posted inelection law biz <http://electionlawblog.org/?cat=51>
"The Contribution Limits As We Have Them, and the Varieties of
Reform" <http://electionlawblog.org/?p=64287>
Posted onAugust 14, 2014 7:46 am
<http://electionlawblog.org/?p=64287>byRick Hasen
<http://electionlawblog.org/?author=3>
Bauer blogs
<http://www.moresoftmoneyhardlaw.com/2014/08/contribution-limits-varieties-reform/>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"The Obscure Kentucky Contests That Could Alter Rand Paul's 2016
Plans" <http://electionlawblog.org/?p=64285>
Posted onAugust 14, 2014 7:45 am
<http://electionlawblog.org/?p=64285>byRick Hasen
<http://electionlawblog.org/?author=3>
National Journal
<http://www.nationaljournal.com/politics/the-obscure-kentucky-contests-that-could-alter-rand-paul-s-2016-plans-20140814>:
"It's small-town American politics with big-time national consequences
for a top 2016 prospect: Rand Paul. This race, along with a handful of
others across Kentucky, could determine whether or not Paul is allowed
to run for president and for Senate at the same time, something he's
indicated he's determined to do. Under current Kentucky law, Paul must
choose to run for one or the other. His Republican allies in the
Kentucky state Senate have already pushed through a measure to let him
run for both, but it has languished in the state's Democratic-controlled
House."
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Posted incampaigns <http://electionlawblog.org/?cat=59>
"There's No Good Argument For Voting Restrictions"
<http://electionlawblog.org/?p=64283>
Posted onAugust 14, 2014 7:43 am
<http://electionlawblog.org/?p=64283>byRick Hasen
<http://electionlawblog.org/?author=3>
Seth D. Michaels oped.
<http://talkingpointsmemo.com/cafe/there-s-no-good-argument-for-voting-restrictions> [corrected]
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
"Race, Party, and the Consequences of Restricting Early Voting in
Florida in the 2012 General Election"
<http://electionlawblog.org/?p=64281>
Posted onAugust 13, 2014 9:45 pm
<http://electionlawblog.org/?p=64281>byRick Hasen
<http://electionlawblog.org/?author=3>
Michael Herron and Dan Smith have writtenthis article
<http://prq.sagepub.com/content/67/3/646.full.pdf?ijkey=RhLFyb88NYBXTU0&keytype=ref>for
PSQ. Here is the abstract:
In mid-2011, the Florida legislature reduced the state's early
voting period from fourteen days to eight and eliminated the final
Sunday of early voting. We compare observed voting patterns in 2012
with those in the 2008 General Election and find that racial/ethnic
minorities, registered Democrats, and those without party
affiliation had significant early voting participation drops and
that voters who cast ballots on the final Sunday in 2008 were
disproportionately unlikely to cast a valid ballot in 2012.
Florida's decision to truncate early voting may have diminished
participation rates of those already least likely to vote.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
--
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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