[EL] ELB News and Commentary 8/26/14
Rick Hasen
rhasen at law.uci.edu
Mon Aug 25 20:24:49 PDT 2014
"Election Panel Enacts Policies by Not Acting"
<http://electionlawblog.org/?p=64665>
Posted onAugust 25, 2014 8:12 pm
<http://electionlawblog.org/?p=64665>byRick Hasen
<http://electionlawblog.org/?author=3>
Nick Confessore in the
NYT<http://www.nytimes.com/2014/08/26/us/politics/election-panel-enacts-policies-by-not-acting.html?ref=politics&_r=0>on
FEC 3-3 splits:
Campaign lawyers of both parties say the deadlocks have profoundly,
if informally, affected the rules governing campaigns, particularly
on questions involving whether political nonprofit groups must
disclose their finances and the threshold for starting an investigation.
The splits are consistent enough in spelling out the likely
direction of enforcement, they say, that they now advise clients
that a 3-to-3 split comes close to official commission policy.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
"Federal appeals court questions Kansas' proof-of-citizenship rules"
<http://electionlawblog.org/?p=64663>
Posted onAugust 25, 2014 4:39 pm
<http://electionlawblog.org/?p=64663>byRick Hasen
<http://electionlawblog.org/?author=3>
The /Wichita Eagle /offersa detailed report
<http://www.kansas.com/news/politics-government/election/article1293569.html>on
today's /Kobach v. EAC /10th circuit oral argument.
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Posted inElection Assistance Commission
<http://electionlawblog.org/?cat=34>,Elections Clause
<http://electionlawblog.org/?cat=70>
"Fairfax County Electoral Board Refers Potential Voter Fraud Cases
for Investigation" <http://electionlawblog.org/?p=64661>
Posted onAugust 25, 2014 1:27 pm
<http://electionlawblog.org/?p=64661>byRick Hasen
<http://electionlawblog.org/?author=3>
Press release
<http://www.fairfaxcounty.gov/news/2014/voter-fraud-investigation.htm>:
The Fairfax County Electoral Board
<http://www.fairfaxcounty.gov/elections/electoral-board.htm> has
referred 17 individuals to the Fairfax County Commonwealth's
Attorney, the Office of the Attorney General of Virginia and the
federal Department of Justice for investigation of possible voter
fraud. The individuals appear to have voted in both Fairfax County
and various localities in Maryland during the 2012 General Election,
and in some cases, multiple federal elections over the last decade.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
"California Assemblyman Richard Pan answers questions about his
residency" <http://electionlawblog.org/?p=64656>
Posted onAugust 25, 2014 12:53 pm
<http://electionlawblog.org/?p=64656>byRick Hasen
<http://electionlawblog.org/?author=3>
SacBee reports
<http://www.sacbee.com/2014/08/25/6653159/california-assemblyman-richard.html?utm_source=dlvr.it&utm_medium=twitter#mi_rss=Capitol%20Alert>.
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Posted inresidency <http://electionlawblog.org/?cat=38>
10th Circuit May (or May Not) Side with States Over Federal
Government in Voting Dispute Because the EAC Has No Commissioners
[Updated] <http://electionlawblog.org/?p=64654>
Posted onAugust 25, 2014 12:42 pm
<http://electionlawblog.org/?p=64654>byRick Hasen
<http://electionlawblog.org/?author=3>
According to anearly AP report
<http://www.seattlepi.com/news/crime/article/Denver-court-considers-Kansas-Arizona-voter-rules-5710514.php>.
This would not be a surprising result and would save the 10th Circuit
from having to deal with the difficult constitutional question of where
Congress's power to set the "manner" of Congressional elections ends and
the states' power to set voter "qualifications" begins.
UPDATE: The updated AP report suggests the opposite reading to what I
mentioned above: that the failure of the EAC to have a commission means
the federal government should win. Here is the new lede: "A federal
appeals panel in Denver on Monday suggested a partisan stalemate in
Congress may mean Republicans in Kansas and Arizona will be unable to
force federal election officials to impose proof-of-citizenship
requirements on voter registration forms."
I would have a hard time seeing the Supreme Court upholding a ruling
that would prevent the states from enforcing voter qualifications (if
this is indeed enforcing voter qualifications) because the EAC has no
commissioners. A court could order the EAC's staff to require the
information on the form.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,NVRA (motor voter)
<http://electionlawblog.org/?cat=33>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter registration
<http://electionlawblog.org/?cat=37>
7th Circuit Won't Consider Lifting Stay of Wisconsin Voter ID Law
Until After Sept. 12 Oral Argument <http://electionlawblog.org/?p=64650>
Posted onAugust 25, 2014 11:15 am
<http://electionlawblog.org/?p=64650>byRick Hasen
<http://electionlawblog.org/?author=3>
The Seventh Circuit's order
<http://moritzlaw.osu.edu/electionlaw/litigation/documents/Frank53.pdf>issued
last Thursday:
The court will reserve decision on appellant?s motion to stay the
permanent injunction
until after oral argument on September 12, 2014. The court notes
that Wisconsin is free to implement immediately the portions of the
decisions by the Supreme Court of
Wisconsin concerning the provision of photo ID to persons who cannot
afford a birth
certificate or other documents required by statute. See Milwaukee
Branch of the NAACP v. Walker, 2014 WI 98, 2014 WL 3744073, at *14
(Wis. 2014).
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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>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
Now Available: Hasen, Legislation, Statutory Interpretation, and
Election Law: Examples and Explanations
<http://electionlawblog.org/?p=62060>
Posted onAugust 25, 2014 10:45 am
<http://electionlawblog.org/?p=62060>byRick Hasen
<http://electionlawblog.org/?author=3>
[Bumping to the top for the start of classes.]
[UPDATE: You can now order the book atAmazon
<http://www.amazon.com/Examples-Explanations-Legislation-Statutory-Interpretation/dp/1454845414/ref=sr_1_1?ie=UTF8&qid=1405348948&sr=8-1&keywords=hasen+legislation>,
or electronically as aKindle Book
<http://www.amazon.com/Examples-Explanations-Legislation-Statutory-Interpretation-ebook/dp/B00LPRF6X8/ref=tmm_kin_swatch_0?_encoding=UTF8&sr=8-1&qid=1405348948>,
or directlyfrom the publisher
<http://www.aspenlaw.com/examples-explanations/id-9781454845416/Examples__Explanations_Legislation_Statutory_Interpretation_and_Election_Law>.]
I am happy to annouHasen LSIE
<http://www.aspenlaw.com/examples-explanations/id-9781454845416/Examples__Explanations_Legislation_Statutory_Interpretation_and_Election_Law>nce
thatyou can now
buy<http://www.aspenlaw.com/examples-explanations/id-9781454845416/Examples__Explanations_Legislation_Statutory_Interpretation_and_Election_Law>my
new book,Legislation, Statutory Interpretation and Election Law:
Examples and Explanations
<http://www.aspenlaw.com/examples-explanations/id-9781454845416/Examples__Explanations_Legislation_Statutory_Interpretation_and_Election_Law>.
The book is appropriate as a supplement or study aid (with mini-essay
questions and answers) for courses in in Legislation, Leg/Reg, Statutory
Interpretation, Election Law, Voting Rights, and Campaign Finance. It is
also intended as a treatise for practitioners in the field and a
resource for lawyers, professors and judges, summing up my basic
approach to these subjects that I have been studying for many years. I
have prepared aCorrelation Table
<http://electionlawblog.org/wp-content/uploads/EE-LSIE-Correlation-Table.pdf>which
shows how the book works with 11 different Legislation and Election Law
casebooks. You can also review theTable of Contents
<http://electionlawblog.org/wp-content/uploads/EE-LSIE-TOC.pdf>and
theIndex <http://electionlawblog.org/wp-content/uploads/EE-LSIE-Index.pdf>.
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Posted incampaign finance
<http://electionlawblog.org/?cat=10>,legislation and legislatures
<http://electionlawblog.org/?cat=27>,pedagogy
<http://electionlawblog.org/?cat=23>,statutory interpretation
<http://electionlawblog.org/?cat=21>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
Collins & Skover, When Money Speaks: The McCutcheon Decision,
Campaign Finance Laws, and the First Amendment
<http://electionlawblog.org/?p=64647>
Posted onAugust 25, 2014 10:14 am
<http://electionlawblog.org/?p=64647>byRick Hasen
<http://electionlawblog.org/?author=3>
[/This is the latest in a series
<http://electionlawblog.org/?p=61972> ofshort
<http://electionlawblog.org/?p=62631>reflections on new books in
campaign finance which I am working my way through as I write my own
manuscript on the subject.]/
Professors Ron Collins and David Skover, two law professors with
expertise on the First Amendment, have written When Money Speaks: The
McCutcheon Decision, Campaign Finance Laws, and the First Amendment.
<http://www.amazon.com/When-Money-Speaks-McCutcheon-Amendment/dp/1938938151/ref=tmm_pap_title_0> They
wrote the book while the /McCutcheon /Supreme Court case was pending,
and finished the final chapters within a few days after the decision in
the case. The book describes the course of the McCutcheon litigation,
and along the way weaves in a discussion of the First Amendment issues
and Supreme Court cases concerning campaign finance law from before
/Buckley v. Valeo/to the present.
The book is primarily useful as an introduction for undergraduates to
the world of Supreme Court litigation and campaign finance. It includes
interviews with Shaun McCutcheon and others, descriptions of the briefs
and oral argument, as well as an analysis of the decision. The book does
not take a strong side in how the litigation should come out, and
presents both sides of the case. There is also a lot of description of
litigation strategy and the players behind the scenes.
For those already familiar with the world of campaign financing, there
is not much new ground. The primary benefit of this book comes through
the interviews with the players, giving flavor to some of the behind the
scenes maneuvering regarding legal representation in the case. It is
worth reading to have a sense of how campaign finance cases get
constructed and litigated through the court system.
One frustrating aspect of the book is its lack of footnotes. The authors
often quote or describe someone's argument, and there is a bibliography
at the end of the book. But if you want to track down a particular quote
or idea and match it to a specific source, you cannot do so just from
the book itself.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
"Colorado Talk Show Hosts Sue Town of Castle Rock to Stop Ballot
Counting and Void Gun Rights Election"
<http://electionlawblog.org/?p=64645>
Posted onAugust 25, 2014 9:21 am
<http://electionlawblog.org/?p=64645>byRick Hasen
<http://electionlawblog.org/?author=3>
Another secret ballot lawsuit
<http://www.scribd.com/doc/237661387/Secret-Ballot-Violations-Gun-Rights-Election-Lawsuit-Against-Castle-Rock-CO>in
Colorado.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
--
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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