[EL] Ferguson voting
Larry Levine
larrylevine at earthlink.net
Mon Aug 18 14:09:01 PDT 2014
I want to weigh in as one of the signers of the minority report of the
Citizens Committee on L.A. Municipal Election Reform.
1. Merging the muni election with the statewide November Presidential
or gubernatorial election would dramatically raise the cost of campaigning.
TV and radio advertising time is more expensive because of the influence of
statewide candidates and ballot measures. Some stations even refuse to sell
to down ballot campaigns in these circumstances.
2. There will be greater competition in fundraising in the environment
of the November Presidential and gubernatorial election cycles and this
would disadvantage local candidates.
3. It would be more difficult for the messages of candidates for
municipal message to be heard when in competition with statewide and
legislative campaigns.
4. Turnout in this year’s primary election actually was lower than the
turnout in the 2013 municipal election.
5. The city would need to contract with the county registrar of voters
to conduct the election. There would be no likely cost saving to the city
and the city would have to change many of its regulations to comply with the
county’s.
6. Cities that consolidate their elections with statewide elections
find varying levels of “drop off” in ballots cast for municipal office.
Sometimes this “drop off” is severe. Thus, it is not safe to use statewide
turnout numbers as a measure of potential participation in municipal
elections.
Each of these things should be considered in making the decision regarding a
move of the L.A. municipal elections to coincide with statewide primary and
general elections.
Larry
From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of David A.
Holtzman
Sent: Monday, August 18, 2014 12:23 PM
Cc: law-election at uci.edu
Subject: Re: [EL] Ferguson voting
Not sure if this made Rick's digest,
but the L.A. Times printed a letter yesterday saying this re turnout:
"The best solution would be to have city elections coincide with other
elections in even-numbered years. This would boost voter awareness and
involvement in these city offices and save Los Angeles millions of dollars,
which is greatly needed in this cash-strapped city."
(http://www.latimes.com/opinion/readersreact/la-le-0817-sunday-vote-prize-20
140817-story.html, responding to
http://www.latimes.com/local/lanow/la-me-ln-panel-prizes-voters-20140814-sto
ry.html)
FYI, The City of L.A. currently has its regular elections in March and May
of odd-numbered years.
Los Angeles *County* lets itself have its elections at the same time as
federal and state elections, which it runs.
But the county won't let cities newly join the consolidation, because that
might expand the ballot beyond the recording capacity of one computer card.
The thought is, voters and poll workers would mishandle two, and results
would be unacceptably delayed because the County's old counting system can
only be programed for one card at a time. But L.A. City owns a nearly
identical system that's idle and available every November. You should have
seen how livid the county registrar got when I suggested using that for a
second card! He's looking for an expensive upgrade instead.
(http://www.lavote.net/Voter/VSAP/index.html)
Santa Monica has had elections in even-numbered Novembers going back to
1984. (http://www.smvote.org/Content.aspx?id=26354)
A bunch of other cities and districts in L.A. County also have even-numbered
November elections. See pp. 3-4 here:
http://www.lavote.net/Voter/PDFS/SCHEDULED_ELECTIONS_2014.pdf. (The L.A.
area is atomized like the St. Louis area; so this New York Times Op-Ed
suggesting merger of small cities
<http://www.nytimes.com/2014/08/18/opinion/in-ferguson-black-town-white-powe
r.html> there could resonate here.)
- dah
On 8/18/2014 8:36 AM, Rob Richie wrote:
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-import
ant-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
<http://electionlawblog.org/?p=64388> The Perry Indictment
Posted on <http://electionlawblog.org/?p=64388> August 18, 2014 7:59 am by
<http://electionlawblog.org/?author=3> Rick Hasen
You can read it <http://www.scribd.com/doc/236936143/Rick-Perry-Indictment>
here.
Eugene Volokh analyzed
<http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/08/16/does-a-g
overnor-have-custody-or-possession-of-funds-the-legislature-wants-to-appropr
iate-in-a-bill-that-he-vetoes/> count I and
<http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/08/16/is-the-i
ndictment-of-texas-gov-rick-perry-inconsistent-with-a-texas-court-of-appeals
-precedent-as-to-the-coercion-count/> count II separately.
I’ve written to put the indictment into a broader context of
<http://t.co/K5yWcNzt9E> the criminalization of politics.
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.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D64388&title=The%20Perry%20Indictment&description=> Share
Posted in <http://electionlawblog.org/?cat=1> Uncategorized
<http://electionlawblog.org/?p=64386> “How whites have retained political
power in Ferguson, and why they’ll lose it soon”
Posted on <http://electionlawblog.org/?p=64386> August 18, 2014 7:52 am by
<http://electionlawblog.org/?author=3> Rick Hasen
<http://www.vox.com/2014/8/18/6029141/why-ferguson-government-is-so-white?ut
m_medium=social&utm_source=twitter&utm_campaign=ezraklein&utm_content=monday
> Matt Yglesias writes for Vox.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D64386&title=%E2%80%9CHow%20whites%20have%20retained%20political%20powe
r%20in%20Ferguson%2C%20and%20why%20they%E2%80%99ll%20lose%20it%20soon%E2%80%
9D&description=> Share
Posted in <http://electionlawblog.org/?cat=31> voting
<http://electionlawblog.org/?p=64384> “Empirically Measuring the Impact of
Photo ID Over Time and Its Impact on Women”
Posted on <http://electionlawblog.org/?p=64384> August 18, 2014 7:50 am by
<http://electionlawblog.org/?author=3> Rick Hasen
Mike Pitts has posted
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2479500> this draft 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!
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D64384&title=%E2%80%9CEmpirically%20Measuring%20the%20Impact%20of%20Pho
to%20ID%20Over%20Time%20and%20Its%20Impact%20on%20Women%E2%80%9D&description
=> Share
Posted in <http://electionlawblog.org/?cat=18> election administration,
<http://electionlawblog.org/?cat=60> The Voting Wars,
<http://electionlawblog.org/?cat=9> voter id
<http://electionlawblog.org/?p=64382> “Election Spending 2014: Nine
Toss-Up Senate Races”
Posted on <http://electionlawblog.org/?p=64382> August 18, 2014 7:47 am by
<http://electionlawblog.org/?author=3> Rick Hasen
<http://www.brennancenter.org/analysis/election-spending-2014-nine-toss-up-s
enate-races> Brennan Center:
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
<http://www.brennancenter.org/analysis/election-spending-2014-13-toss-house-
districts> analyses, 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.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D64382&title=%E2%80%9CElection%20Spending%202014%3A%20Nine%20Toss-Up%20
Senate%20Races%E2%80%9D&description=> Share
Posted in <http://electionlawblog.org/?cat=10> campaign finance
<http://electionlawblog.org/?p=64380> “Political Activity Limits and Tax
Exemption: A Gordian’s Knot”
Posted on <http://electionlawblog.org/?p=64380> August 18, 2014 7:44 am by
<http://electionlawblog.org/?author=3> Rick Hasen
Roger Colinvaux has posted
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2476435> this draft 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.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D64380&title=%E2%80%9CPolitical%20Activity%20Limits%20and%20Tax%20Exemp
tion%3A%20A%20Gordian%E2%80%99s%20Knot%E2%80%9D&description=> Share
Posted in <http://electionlawblog.org/?cat=10> campaign finance,
<http://electionlawblog.org/?cat=22> tax law and election law
<http://electionlawblog.org/?p=64378> “Rob Richie: How Florida can hold
elections in fair districts in 2014″
Posted on <http://electionlawblog.org/?p=64378> August 18, 2014 7:42 am by
<http://electionlawblog.org/?author=3> Rick Hasen
<http://www.gainesville.com/article/20140815/OPINION/140819673?Title=Rob-Ric
hie-How-Florida-can-hold-elections-in-fair-districts-in-2014-> Gainesville
Sun oped.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D64378&title=%E2%80%9CRob%20Richie%3A%20How%20Florida%20can%20hold%20el
ections%20in%20fair%20districts%20in%202014%E2%80%B3&description=> Share
Posted in <http://electionlawblog.org/?cat=6> redistricting
<http://electionlawblog.org/?p=64376> “Trying to Ensure the Fundamental
Right to Vote”
Posted on <http://electionlawblog.org/?p=64376> August 18, 2014 7:41 am by
<http://electionlawblog.org/?author=3> Rick Hasen
<http://www.nytimes.com/2014/08/18/opinion/trying-to-ensure-the-fundamental-
right-to-vote.html?partner=rssnyt&emc=rss> NYT Letters to the editor from
Rob Ritchie and Barry Feldman.
<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=> Share
Posted in <http://electionlawblog.org/?cat=31> voting
<http://electionlawblog.org/?p=64374> “Black groups tell Supreme Court
Ala. districts biased”
Posted on <http://electionlawblog.org/?p=64374> August 17, 2014 8:44 pm by
<http://electionlawblog.org/?author=3> Rick Hasen
<http://www.montgomeryadvertiser.com/story/news/local/alabama/2014/08/17/bla
ck-groups-tell-supreme-court-ala-districts-biased/14190749/> Mary Troyan
reports 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.”
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D64374&title=%E2%80%9CBlack%20groups%20tell%20Supreme%20Court%20Ala.%20
districts%20biased%E2%80%9D&description=> Share
Posted in <http://electionlawblog.org/?cat=6> redistricting,
<http://electionlawblog.org/?cat=15> Voting Rights Act
<http://electionlawblog.org/?p=64372> “Arizona Free Enterprise Club
violated election law”
Posted on <http://electionlawblog.org/?p=64372> August 17, 2014 7:50 pm by
<http://electionlawblog.org/?author=3> Rick Hasen
<http://www.azfamily.com/news/Arizona-Free-Enterprise-Club-violated-election
-law-271540271.html> AP reports.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D64372&title=%E2%80%9CArizona%20Free%20Enterprise%20Club%20violated%20e
lection%20law%E2%80%9D&description=> Share
Posted in <http://electionlawblog.org/?cat=10> campaign finance
<http://electionlawblog.org/?p=64369> Jill LePore on Campaign Finance
Reform, Corruption, Lessig, Teachout, Mutch, and Post
Posted on <http://electionlawblog.org/?p=64369> August 17, 2014 7:46 pm by
<http://electionlawblog.org/?author=3> Rick Hasen
<http://webcache.googleusercontent.com/search?q=cache:NqFUthMvNBoJ:www.newyo
rker.com/magazine/2014/08/25/crooked-dead+%22buying+the+vote%22+mutch&cd=15&
hl=en&ct=clnk&gl=us> Here, in the New Yorker.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D64369&title=Jill%20LePore%20on%20Campaign%20Finance%20Reform%2C%20Corr
uption%2C%20Lessig%2C%20Teachout%2C%20Mutch%2C%20and%20Post&description=>
Share
Posted in <http://electionlawblog.org/?cat=10> campaign finance
--
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Chancellor's Professor of Law and Political Science
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401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
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