[EL] Ferguson voting

[Rob Richie]

It is becoming more common, if still relatively uncommon. Among California
cities holding elections this November are San Francisco, Oakland, Berkeley
and San Leandro (all with ranked choice voting) and San Jose, Richmond, and
Anaheim. San Diego elects its Mayor at same time as presidential elections.

Rob

On Monday, August 18, 2014, Rick Hasen <rhasen at law.uci.edu> wrote:

>  If anyone responds to Sean's post, please use this (or another) subject
> heading rather than the generic one.
> Thanks.
>
> On 8/18/14, 8:14 AM, Sean Parnell wrote:
>
>  The issue of white dominance of the political system of Ferguson, MO is
> an interesting one. ThinkProgress had an interesting (and I think
> reasonable) assessment (
> http://thinkprogress.org/justice/2014/08/18/3472278/this-is-the-most-important-reform-ferguson-can-enact-to-prevent-another-standoff/)
> that provides a bit more information than Matt Yglesias. It all boils down,
> apparently, to the fact that Ferguson elects its local government in April
> of odd-numbered years. Here’s what ThinkProgress concludes:
>
>
>
> *So the solution to the fact that Ferguson’s black majority is nearly
> unrepresented in its government could be as simple as rescheduling its
> municipal elections so that they are held in November of even-numbered
> years ― the same time that federal elections are held.*
>
>
>
> I don’t have any strong feelings one way or the other on this, but I am
> curious if any other municipal government in the country currently holds
> elections on the same day as federal elections? I know many (most? all?)
> counties do, but to the best of my recollection I’ve never lived in an area
> where municipal elections (or school board) were held on the same day as
> federal elections. Anybody have any insights on this?
>
>
>
> Sean Parnell
>
> President
>
> Impact Policy Management, LLC
>
> 6411 Caleb Court
>
> Alexandria, VA  22315
>
> 571-289-1374 (c)
>
> sean at impactpolicymanagement.com
> <javascript:_e(%7B%7D,'cvml','sean at impactpolicymanagement.com');>
>
>
>
> *From:* law-election-bounces at department-lists.uci.edu
> <javascript:_e(%7B%7D,'cvml','law-election-bounces at department-lists.uci.edu');>
> [mailto:law-election-bounces at department-lists.uci.edu
> <javascript:_e(%7B%7D,'cvml','law-election-bounces at department-lists.uci.edu');>]
> *On Behalf Of *Rick Hasen
> *Sent:* Monday, August 18, 2014 11:03 AM
> *To:* law-election at UCI.edu
> <javascript:_e(%7B%7D,'cvml','law-election at UCI.edu');>
> *Subject:* [EL] ELB News and Commentary 8/18/14
>
>
> The Perry Indictment <http://electionlawblog.org/?p=64388>
>
> Posted on August 18, 2014 7:59 am <http://electionlawblog.org/?p=64388> by
>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>
> You can read it here.
> <http://www.scribd.com/doc/236936143/Rick-Perry-Indictment>
>
> Eugene Volokh analyzed count I
> <http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/08/16/does-a-governor-have-custody-or-possession-of-funds-the-legislature-wants-to-appropriate-in-a-bill-that-he-vetoes/>
>  and count II
> <http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/08/16/is-the-indictment-of-texas-gov-rick-perry-inconsistent-with-a-texas-court-of-appeals-precedent-as-to-the-coercion-count/>
>  separately.
>
> I’ve written to put the indictment into a broader context of the
> criminalization of politics <http://t.co/K5yWcNzt9E>.
>
> I am scheduled to be on MSNBC’s The Cycle today at 3:20 pm pacific/12:20
> pm eastern to talk about this. As always TV appearances on these news shows
> are always tentative.
>
> [image: Share]
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D64388&title=The%20Perry%20Indictment&description=>
>
> Posted in Uncategorized <http://electionlawblog.org/?cat=1>
>  “How whites have retained political power in Ferguson, and why they’ll
> lose it soon” <http://electionlawblog.org/?p=64386>
>
> Posted on August 18, 2014 7:52 am <http://electionlawblog.org/?p=64386> by
>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>
> Matt Yglesias writes
> <http://www.vox.com/2014/8/18/6029141/why-ferguson-government-is-so-white?utm_medium=social&utm_source=twitter&utm_campaign=ezraklein&utm_content=monday>
>  for Vox.
>
> [image: Share]
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D64386&title=%E2%80%9CHow%20whites%20have%20retained%20political%20power%20in%20Ferguson%2C%20and%20why%20they%E2%80%99ll%20lose%20it%20soon%E2%80%9D&description=>
>
> Posted in voting <http://electionlawblog.org/?cat=31>
>  “Empirically Measuring the Impact of Photo ID Over Time and Its Impact
> on Women” <http://electionlawblog.org/?p=64384>
>
> Posted on August 18, 2014 7:50 am <http://electionlawblog.org/?p=64384> by
>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>
> Mike Pitts has posted this draft
> <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2479500> on SSRN
> (forthcoming, *Indiana Law Review*).  Here is the abstract:
>
> *This article is part of a series of studies related to the impact of
> Indiana’s photo identification law during the two presidential election
> cycles at which it has been implemented ― 2008 and 2012. This article
> tracks the number of provisional ballots cast and not counted because of a
> lack of voter identification at Indiana’s 2012 general election.
> Importantly, this article also addresses an argument against photo
> identification laws that has became more prominent in recent years ― the
> idea that photo identification laws disparately disfranchise female voters.
> This article addresses that argument by tracking the gender of those
> persons who cast provisional ballots due to a lack of valid photo
> identification ― something that does not seem to have been previously done
> anywhere in the literature. While the research presented here allows for
> several conclusions, the most important of those conclusions are as
> follows. First, Indiana’s photo identification law has a relatively small
> (in relation to the total number of ballots cast) overall actual
> disfranchising impact on the electorate. Second, Indiana’s photo
> identification law’s actual disfranchising impact seems to be headed in a
> downward direction when one compares data from the 2012 general election to
> the 2008 general election. Third, Indiana’s photo identification law
> appears to have a disparate impact on women.*
>
> Mike’s work is careful and important.  I look forward to reading this!
>
>
>
> [image: Share]
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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>
>  “Election Spending 2014: Nine Toss-Up Senate Races”
> <http://electionlawblog.org/?p=64382>
>
> Posted on August 18, 2014 7:47 am <http://electionlawblog.org/?p=64382> by
>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>
> Brennan Center
> <http://www.brennancenter.org/analysis/election-spending-2014-nine-toss-up-senate-races>
> :
>
> *With control of the Senate at play in the 2014 election, tight races have
> seen astronomical spending from outside groups. Even with almost three
> months left until Election Day, an analysis of outside spending in the nine
> most competitive Senate races found several trends. Like previous Brennan
> Center analyses
> <http://www.brennancenter.org/analysis/election-spending-2014-13-toss-house-districts>,
> we observed inadequate transparency and single-candidate spenders providing
> opportunities to avoid contribution limits. We also discovered two key
> findings:*
>
>  *1.      **These nine Senate races have seen $72 million worth of
> independent expenditures thus far. As a point of comparison, in the 2010
> midterms, nonparty outside spending reached only $97 million ― and that was
> for the whole election in all 37 Senate races. The highest levels of
> independent expenditures in our sample were seen in North Carolina, with
> $14 million, and Kentucky, with $12 million.*
>
>  *2.      **The competitive Senate races also reveal a potential new
> trend ― organizations that benefit a single candidate and hide their
> donors. These single-candidate, dark-money groups make it impossible to
> know whether candidate contributors are attempting to curry favor by also
> making large donations to candidate-specific spenders.*
>
>  [image: Share]
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>
> Posted in campaign finance <http://electionlawblog.org/?cat=10>
>  “Political Activity Limits and Tax Exemption: A Gordian’s Knot”
> <http://electionlawblog.org/?p=64380>
>
> Posted on August 18, 2014 7:44 am <http://electionlawblog.org/?p=64380> by
>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>
> Roger Colinvaux has posted this draft
> <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2476435> on SSRN
> (forthcoming, *Virginia Tax Review*).  Here is the abstract:
>
> *The article considers the correct tax treatment of political activity by
> the tax system and discusses the problems that have arisen from political
> activity depending on whether the organization is a charity, a
> noncharitable exempt, or a political organization. The article then
> examines administrative and legislative options to the problems raised by
> political activity. Quantum-based solutions to the problem of political
> activity by noncharitable exempts do not provide a clear advantage over
> present law. Formally quantifying the “primarily” test would result in more
> certainty, but would also require that the Service be more, not less,
> involved in the regulation of political activity. If the policy goal is to
> curb political activity by noncharitable exempts, changing the test from
> “primarily” to something more restrictive like “substantially” or
> “exclusively” would be effective, but would create new categories of
> taxable nonprofits that are treated worse than political organizations for
> engaging in less political activity, which is irrational. Further, it is
> not clear, especially after the Citizens United decision, why as a matter
> of tax exemption the regulations decree that political activity may not
> further noncharitable exempt purposes. Before Citizens United, the
> political activity limits were not especially relevant, but at least helped
> to differentiate organization types. However, Citizens United largely
> rendered existing tax law limitations obsolete by making a new kind of
> multi-purpose organization possible. As a result, definitional political
> activity limits are no longer justified and should be eliminated, but only
> if the 527(f) tax on investment income remains vital and the differences in
> the disclosure regimes between political organizations and noncharitable
> exempts are erased. In addition, Congress should affirm that the gift tax
> does not apply with respect to political contributions, but also extend the
> income tax to transfers of appreciated property to noncharitable exempts.
> Further, Congress should acknowledge that the increase in political speech
> by noncharitable exempts will lead to abuse of charitable organizations,
> and take steps to prevent the laundering of independent expenditures
> through the charitable form. Congress also should recognize that Citizens
> United has led to a need to develop a new tax baseline for political
> activity conducted “for profit” or outside of section 527.*
>
>  [image: Share]
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>
> Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
> and election law <http://electionlawblog.org/?cat=22>
>  “Rob Richie: How Florida can hold elections in fair districts in 2014″
> <http://electionlawblog.org/?p=64378>
>
> Posted on August 18, 2014 7:42 am <http://electionlawblog.org/?p=64378> by
>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>
> Gainesville Sun oped.
> <http://www.gainesville.com/article/20140815/OPINION/140819673?Title=Rob-Richie-How-Florida-can-hold-elections-in-fair-districts-in-2014->
>
> [image: Share]
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>
> Posted in redistricting <http://electionlawblog.org/?cat=6>
>  “Trying to Ensure the Fundamental Right to Vote”
> <http://electionlawblog.org/?p=64376>
>
> Posted on August 18, 2014 7:41 am <http://electionlawblog.org/?p=64376> by
>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>
> NYT Letters to the editor
> <http://www.nytimes.com/2014/08/18/opinion/trying-to-ensure-the-fundamental-right-to-vote.html?partner=rssnyt&emc=rss>from
> Rob Ritchie and Barry Feldman.
>
> [image: Share]
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D64376&title=%E2%80%9CTrying%20to%20Ensure%20the%20Fundamental%20Right%20to%20Vote%E2%80%9D&description=>
>
> Posted in voting <http://electionlawblog.org/?cat=31>
>  “Black groups tell Supreme Court Ala. districts biased”
> <http://electionlawblog.org/?p=64374>
>
> Posted on August 17, 2014 8:44 pm <http://electionlawblog.org/?p=64374> by
>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>
> Mary Troyan reports
> <http://www.montgomeryadvertiser.com/story/news/local/alabama/2014/08/17/black-groups-tell-supreme-court-ala-districts-biased/14190749/>
>  for Gannett: “The Alabama Legislature will be further racially polarized
> by new district boundaries that pack more black voters into certain
> districts than the law requires, state black political groups told the
> Supreme Court last week.”
>
>
>
> [image: Share]
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D64374&title=%E2%80%9CBlack%20groups%20tell%20Supreme%20Court%20Ala.%20districts%20biased%E2%80%9D&description=>
>
> Posted in redistricting <http://electionlawblog.org/?cat=6>, Voting
> Rights Act <http://electionlawblog.org/?cat=15>
>  “Arizona Free Enterprise Club violated election law”
> <http://electionlawblog.org/?p=64372>
>
> Posted on August 17, 2014 7:50 pm <http://electionlawblog.org/?p=64372> by
>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>
> AP reports.
> <http://www.azfamily.com/news/Arizona-Free-Enterprise-Club-violated-election-law-271540271.html>
>
> [image: Share]
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D64372&title=%E2%80%9CArizona%20Free%20Enterprise%20Club%20violated%20election%20law%E2%80%9D&description=>
>
> Posted in campaign finance <http://electionlawblog.org/?cat=10>
>  Jill LePore on Campaign Finance Reform, Corruption, Lessig, Teachout,
> Mutch, and Post <http://electionlawblog.org/?p=64369>
>
> Posted on August 17, 2014 7:46 pm <http://electionlawblog.org/?p=64369> by
>  *Rick Hasen* <http://electionlawblog.org/?author=3>
>
> Here
> <http://webcache.googleusercontent.com/search?q=cache:NqFUthMvNBoJ:www.newyorker.com/magazine/2014/08/25/crooked-dead+%22buying+the+vote%22+mutch&cd=15&hl=en&ct=clnk&gl=us>,
> in the New Yorker.
>
> [image: Share]
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D64369&title=Jill%20LePore%20on%20Campaign%20Finance%20Reform%2C%20Corruption%2C%20Lessig%2C%20Teachout%2C%20Mutch%2C%20and%20Post&description=>
>
> Posted in campaign finance <http://electionlawblog.org/?cat=10>
>
> --
>
> 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 <javascript:_e(%7B%7D,'cvml','rhasen at law.uci.edu');>
>
> http://www.law.uci.edu/faculty/full-time/hasen/
>
> http://electionlawblog.org
>
>
> --
> 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 - faxrhasen at law.uci.edu <javascript:_e(%7B%7D,'cvml','rhasen at law.uci.edu');>http://www.law.uci.edu/faculty/full-time/hasen/http://electionlawblog.org
>
>

-- 
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Rob Richie
Executive Director, FairVote
6930 Carroll Avenue, Suite 610
Takoma Park, MD 20912
rr at fairvote.org  (301) 270-4616  http://www.fairvote.org
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