[EL] legislation news 1/31/14

Rick Hasen rhasen at law.uci.edu
Fri Jan 31 07:54:18 PST 2014


    "Maher Wants His Show to Decide a House Race"
    <http://electionlawblog.org/?p=58463>

Posted on January 31, 2014 7:48 am 
<http://electionlawblog.org/?p=58463>by Rick Hasen 
<http://electionlawblog.org/?author=3>

NYT: 
<http://www.nytimes.com/2014/01/31/arts/television/maher-wants-his-show-to-decide-a-house-race.html?_r=1>

    Bill Maher makes little effort to hide his own contempt for many
    politicians, most of them Republicans. Now, he wants to take it to
    the next level: finding one he might be able to help oust from office.

    On his weekly HBO talk show, "Real Time With Bill Maher,"
    <http://www.hbo.com/real-time-with-bill-maher> on Friday night, Mr.
    Maher and his staff plan to ask viewers to make a case for their
    individual representatives in the House to be selected as the worst
    in the country.

    After some culling and analysis, one member of Congress will be
    selected, and the show will follow up through November with examples
    of what it considers terrible work by that representative. Mr. Maher
    will make occasional visits to that member's district to perform
    stand-up and generally stir up hostile feelings toward the show's
    target.

I plan to watch this very closely and comment on it.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
campaigns <http://electionlawblog.org/?cat=59>


    "Going on Offensive to Expand the Vote"
    <http://electionlawblog.org/?p=58459>

Posted on January 31, 2014 7:45 am 
<http://electionlawblog.org/?p=58459>by Rick Hasen 
<http://electionlawblog.org/?author=3>

WaPo <http://t.co/OIUQGyICub>: "Here's a very interesting development 
that suggests Dems are beginning to take the war over voting far more 
seriously than in the past --- and are gearing up for a protracted 
struggle over voting access that could make a real difference in 2016. A 
group of leading Democratic strategists is launching a new political 
action committee that will raise money for a very specific purpose: 
Getting Democratic secretaries of state who favor expanded voting 
elected in four states --- Ohio, Colorado, Iowa, and Nevada."

In /The Voting Wars / 
<http://www.amazon.com/Voting-Wars-Florida-Election-Meltdown/dp/0300182031/ref=sr_1_cc_2?s=aps&ie=UTF8&qid=1329286945&sr=1-2-catcorr>I 
discuss an earlier Democratic effort, the Secretaries of State project.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60>


    "Missouri likely to pass voter ID bill this year"
    <http://electionlawblog.org/?p=58457>

Posted on January 31, 2014 7:41 am 
<http://electionlawblog.org/?p=58457>by Rick Hasen 
<http://electionlawblog.org/?author=3>

WaPo reports. 
<http://www.washingtonpost.com/blogs/govbeat/wp/2014/01/31/missouri-likely-to-pass-voter-id-bill-this-year/>

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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>


    "Nevada will be key battleground on voter ID"
    <http://electionlawblog.org/?p=58455>

Posted on January 30, 2014 4:03 pm 
<http://electionlawblog.org/?p=58455>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Ralston reports. 
<http://www.ralstonreports.com/blog/nevada-will-be-key-battleground-voter-id#.Uurn6_vIZEN>

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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>


    "Has California cured its political dysfunction? Not so fast."
    <http://electionlawblog.org/?p=58453>

Posted on January 30, 2014 3:27 pm 
<http://electionlawblog.org/?p=58453>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Eric McGhee and Paul Mitchell 
<http://www.washingtonpost.com/blogs/monkey-cage/wp/2014/01/30/has-california-cured-its-political-dysfunction-not-so-fast/> 
with an important corrective for stuff 
<http://electionlawblog.org/?p=56791>like this 
<http://electionlawblog.org/?p=56093>.

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Posted in political parties <http://electionlawblog.org/?cat=25>, 
political polarization <http://electionlawblog.org/?cat=68>, primaries 
<http://electionlawblog.org/?cat=32>, redistricting 
<http://electionlawblog.org/?cat=6>


    "The 2020 Reapportionment and the Voting Rights Act"
    <http://electionlawblog.org/?p=58451>

Posted on January 30, 2014 2:07 pm 
<http://electionlawblog.org/?p=58451>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Must-read Sean Trende post. 
<http://www.centerforpolitics.org/crystalball/articles/the-2020-reapportionment-and-the-voting-rights-act/>

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Posted in redistricting <http://electionlawblog.org/?cat=6>, Voting 
Rights Act <http://electionlawblog.org/?cat=15>


    "New Obama politics shop faces old questions"
    <http://electionlawblog.org/?p=58449>

Posted on January 30, 2014 1:56 pm 
<http://electionlawblog.org/?p=58449>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Josh Gerstein reports 
<http://www.politico.com/story/2014/01/barack-obama-administration-white-house-office-of-political-affairs-102881.html> 
for /Politico./

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Posted in conflict of interest laws <http://electionlawblog.org/?cat=20>


    Revised Schedule for Duke's Campaign Finance Symposium Next Week
    <http://electionlawblog.org/?p=58446>

Posted on January 30, 2014 8:17 am 
<http://electionlawblog.org/?p=58446>by Rick Hasen 
<http://electionlawblog.org/?author=3>

*The Future of Campaign Finance Reform*

**

/Hosted by the Duke Journal of Constitutional Law and Public Policy and 
the Center on Law, Race, and Politics/

*Friday, February 7, 2013*

9:00 a.m. *Introductory Remarks//--/Sanford 223/*

**

9:15 a.m. *Classifying Corruption* *--/Sanford 223/*

Authors:          Yasmin Dawood, /Faculty of Law, University of Toronto/

Richard L. Hasen, /University of California, Irvine School of Law/

Moderator:      Zephyr Teachout, /Fordham University School of Law/

Commentator: James A. Gardner, /SUNY Buffalo Law School/

10:25 a.m.  Break

10:40 a.m. *Regulating Corruption --/Sanford 223/*

Authors:          Eugene Mazo, /Wake Forest University School of Law/

Ciara Torres-Spelliscy, /Stetson University College of Law/

Moderator:      Guy-Uriel Charles, /Duke University School of Law/

Commentator: Jason A. Abel, /Steptoe & Johnson LLP/

11:50 a.m. Break/Change of Venue

12:20 p.m. *Lunch and Keynote Address by Lawrence Lessig* *--/Law 3043/*

1:20 p.m.    Break

1:30 p.m. *Big Money/Soft Money* *--/Law 4047/*

Authors:          Ellen D. Katz, /University of Michigan Law School/

Raymond La Raja, /University of Massachusetts, Amherst/

Lynda W. Powell, /University of Rochester/

Moderator:      Richard L. Hasen, /University of California, Irvine 
School of Law/

Commentator: Michael D. Gilbert, /University of Virginia School of Law/

2:50 p.m.    Break

3:00 p.m. *Next Steps --/Law 4047/*

Authors:          Renata E. Strause, /The Ohio State University, Moritz 
College of Law/

Zephyr Teachout, /Fordham University School of Law/

Moderator:      James A. Gardner, /SUNY Buffalo Law School/

Commentator: Guy-Uriel Charles, /Duke University School of Law/

4:00 p.m. *Closing Remarks --/Law 4047/*

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Posted in campaign finance <http://electionlawblog.org/?cat=10>


    Sharron Angle Files Voter ID Initiative in Nevada
    <http://electionlawblog.org/?p=58442>

Posted on January 30, 2014 8:01 am 
<http://electionlawblog.org/?p=58442>by Rick Hasen 
<http://electionlawblog.org/?author=3>

The essential Jon Ralston has the details. 
<http://www.ralstonreports.com/blog/sharron-angle-files-voter-id-initiative#.Uup28PvIZEN>

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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>


    Chapin (Rightly) Slams Kontorovich and McGinnis on Early Voting
    <http://electionlawblog.org/?p=58439>

Posted on January 30, 2014 7:30 am 
<http://electionlawblog.org/?p=58439>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Doug 
<http://blog.lib.umn.edu/cspg/electionacademy/2014/01/so_yesterday_the_rather_outdat.php>: 
"The release of the PCEA report is an opportunity for new voices to join 
the discussion about how to improve American elections. But this piece 
<http://www.politico.com/magazine/story/2014/01/early-voting-the-case-against-102748.html> 
is so out of step with current research and realities on early voting 
that it adds little, if anything, to the field."

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Posted in election administration <http://electionlawblog.org/?cat=18>


    "Nebraska Debates Electoral College Changes"
    <http://electionlawblog.org/?p=58437>

Posted on January 30, 2014 7:28 am 
<http://electionlawblog.org/?p=58437>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Bloomberg reports. 
<http://go.bloomberg.com/political-capital/2014-01-29/nebraska-legislators-debate-electoral-college-changes/>

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Posted in electoral college <http://electionlawblog.org/?cat=44>


    "Dershowitz, Law Enforcement Experts Slam D'Souza Targeting"
    <http://electionlawblog.org/?p=58435>

Posted on January 30, 2014 7:27 am 
<http://electionlawblog.org/?p=58435>by Rick Hasen 
<http://electionlawblog.org/?author=3>

NewsMax reports 
<http://www.newsmax.com/Newsfront/DSouza-Dershowitz-targeting-selective/2014/01/29/id/549845>. 
The article misquotes me slightly.  I did not say that the Ted Stevens 
and Tom DeLay cases were examples of political targeting by overzealous 
prosecutors. I said that one could not discount that possibility.

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Posted in bribery <http://electionlawblog.org/?cat=54>, campaign finance 
<http://electionlawblog.org/?cat=10>, campaigns 
<http://electionlawblog.org/?cat=59>


    "How Democrats Learned to Stop Worrying and Love Citizens United"
    <http://electionlawblog.org/?p=58433>

Posted on January 30, 2014 7:25 am 
<http://electionlawblog.org/?p=58433>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Andy Kroll reports 
<http://www.motherjones.com/politics/2014/01/how-dems-learned-love-super-pacs-citizens-united> 
for /Mother Jones/.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>


    "Court Questions Plans to Create Minority Voting District"
    <http://electionlawblog.org/?p=58431>

Posted on January 29, 2014 9:52 pm 
<http://electionlawblog.org/?p=58431>by Rick Hasen 
<http://electionlawblog.org/?author=3>

NY Law Journal: 
<http://www.newyorklawjournal.com/id=1202640575082/Court-Questions-Plans-to-Create-Minority-Voting-District?slreturn=20140030004947>"A 
federal judge in Albany has ordered a trial on an issue that continues 
to perplex the federal appellate courts: Are black and Hispanic voters 
politically cohesive?"

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Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>


    "Democrats may take action against Sen. Wright"
    <http://electionlawblog.org/?p=58429>

Posted on January 29, 2014 9:34 pm 
<http://electionlawblog.org/?p=58429>by Rick Hasen 
<http://electionlawblog.org/?author=3>

The /LA Times/ reports. 
<http://www.latimes.com/local/la-me-rod-wright-20140130,0,4649343.story#axzz2rrC1KCCH>

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Posted in residency <http://electionlawblog.org/?cat=38>


    "Kings arena subsidy foes sue city to get measure back on ballot"
    <http://electionlawblog.org/?p=58427>

Posted on January 29, 2014 9:30 pm 
<http://electionlawblog.org/?p=58427>by Rick Hasen 
<http://electionlawblog.org/?author=3>

The /Sacramento Bee/ reports. 
<http://www.sacbee.com/2014/01/29/6111814/arena-opponents-file-against-city.html>

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Posted in petition signature gathering <http://electionlawblog.org/?cat=39>


    "Interesting City Lobbyist/County Election Board Member Conflict"
    <http://electionlawblog.org/?p=58425>

Posted on January 29, 2014 2:48 pm 
<http://electionlawblog.org/?p=58425>by Rick Hasen 
<http://electionlawblog.org/?author=3>

City Ethics: 
<http://www.cityethics.org/content/interesting-city-lobbyistcounty-election-board-member-conflict>

    When a lawyer decides to represent a private client, she does not
    give up her right to vote or petition governments on her own behalf.
    But what about when a lawyer decides to represent a public client,
    especially as a lobbyist? Does such a lawyer give up her right to
    vote on issues relating to the city government (assuming she sits on
    another government's board) or petition a government on behalf of
    her own beliefs?

    These questions arise from a case in Cincinnati, where a city
    lobbyist also sat on the county elections board. According to an
    article this week on cincinnati.com
    <http://cincinnati.com/blogs/politics/2014/01/26/cranley-to-lobbyist-dont-vote-on-boe-move/>,
    the city government strongly opposes moving an early-voting site out
    of the city's downtown, but the lobbyist supports the move. The
    mayor asked the lobbyist to withdraw by abstaining from the
    elections board vote. Instead, the lobbyist withdrew from his
    lobbying contract, which had paid him nearly $9,000 a month.

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Posted in conflict of interest laws <http://electionlawblog.org/?cat=20>


    "STOP files suit to challenge Sacramento city clerk's rejection of
    arena-vote petitions" <http://electionlawblog.org/?p=58423>

Posted on January 29, 2014 12:08 pm 
<http://electionlawblog.org/?p=58423>by Rick Hasen 
<http://electionlawblog.org/?author=3>

/Sacramento News and Review/: 
<http://www.newsreview.com/sacramento/pageburner/blogs/post?oid=12633532>

    Earlier this month, City Attorney James Sanchez sent a confidential
    memo to select staff. The city won't release it, but multiple
    sources told SN&R that its contents explored ways to successfully
    quash the arena ballot initiative, which asks for voter approval of
    the Sacramento Kings deal. Sanchez looked at 10 possible scenarios.
    But his conclusion was, essentially, that even though the petitions
    contained multiple errors and deficiencies, a judge would ultimately
    find them compliant with election law.

    This past Friday, however, City Clerk Shirley Concolino rejected the
    arena-vote petitions anyway.

    Now, Sacramento Taxpayers Opposed to Pork and Voters for a Fair
    Arena Deal---the two groups vying to put the initiative on the June
    ballot---submitted an application in Sacramento Superior Court this
    week challenging the city's ruling. They argue that their
    signature-gathering efforts amount to "substantial compliance" with
    election requirements.

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Posted in direct democracy <http://electionlawblog.org/?cat=62>, 
petition signature gathering <http://electionlawblog.org/?cat=39>


    "The Anxiety of Influence: The Evolving Regulation of Lobbying"
    <http://electionlawblog.org/?p=58420>

Posted on January 29, 2014 11:40 am 
<http://electionlawblog.org/?p=58420>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Richard Briffault has postedthis draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2384645> on SSRN.  
Here is the abstract:

    Lobbying has long been a source of anxiety. As early as the
    mid-nineteenth century courts expressed concern about the "designing
    and corrupt men" who sought to wield "secret influence." Lobbying is
    a multi-billion dollar business today, but the association of
    "lobbying" with improper influence is so strong that the American
    League of Lobbyists -- the lobbyists' trade association -- recently
    renamed itself to drop the word "lobbyist." Yet, courts have also
    long recognized that people have a legitimate interest in being able
    to influence government action, and that they may need to be able to
    hire agents to help them, and since the 1950s the Supreme Court has
    recognized that lobbying consists of rights protected by the First
    Amendment. The law of lobbying has been structured by these two
    competing visions of lobbying, as it strives to hold together the
    differing and conflicting goals of protecting constitutional rights
    of speech and petition; controlling unfair and improper means of
    influencing government action; and promoting transparency of
    lobbying's role in the political process.

    This article examines the legal framework for the regulation of
    lobbying. It explores the values shaping lobbying regulation, the
    regulatory techniques, and the evolving judicial treatment of
    lobbying. It then addresses the principal issues on today's
    regulatory agenda, particularly the interplay of lobbying with
    campaign finance and the application of lobbying laws to grassroots
    activities intended to influence government action.

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Posted in lobbying <http://electionlawblog.org/?cat=28>


    "K Street Wants Less Bashing of Lobbyists"
    <http://electionlawblog.org/?p=58418>

Posted on January 29, 2014 11:38 am 
<http://electionlawblog.org/?p=58418>by Rick Hasen 
<http://electionlawblog.org/?author=3>

/The Hill /reports. 
<http://thehill.com/business-a-lobbying/business-a-lobbying/196652-k-street-wants-less-bashing-of-k-street#ixzz2ro8zU3s1>

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Posted in lobbying <http://electionlawblog.org/?cat=28>


    "Since When Did Lobbying and PR Become Extortion?"
    <http://electionlawblog.org/?p=58416>

Posted on January 29, 2014 11:37 am 
<http://electionlawblog.org/?p=58416>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Karen Hinton writes 
<http://www.politico.com/magazine/story/2014/01/karen-hinton-ecuador-chevron-102747.html?ml=m_pm#.UulYEfZRF7m> 
for /Politico/ magazine.

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Posted in lobbying <http://electionlawblog.org/?cat=28>


    When Not to Ask a Member of Congress about a Campaign Finance
    Controversy <http://electionlawblog.org/?p=58413>

Posted on January 29, 2014 8:07 am 
<http://electionlawblog.org/?p=58413>by Rick Hasen 
<http://electionlawblog.org/?author=3>

When 
<http://www.ny1.com/content/politics/political_news/202674/rep--grimm-threatens-ny1-reporter-following-state-of-the-union> 
you don't want to be broken "in half, like a boy."

More:

    "And just finally before we let you go, we haven't had a chance to
    talk about some of the..." Scotto began before Grimm cut him off.

    "I'm not speaking to you off-topic, this is only about the
    president," said Grimm, before walking off camera.

    "So Congressman Michael Grimm does not want to talk about some of
    the allegations concerning his campaign finances," Scotto said
    before tossing back to the station. But as the camera continued to
    roll, Grimm walked back up to Scotto and began speaking to him in a
    low voice.

    "What?" Scotto responded. "I just wanted to ask you..."

    Grimm: "Let me be clear to you, you ever do that to me again I'll
    throw you off this f-----g balcony."

    Scotto: "Why? I just wanted to ask you..."

    [[cross talk]]

    Grimm: "If you ever do that to me again..."

    Scotto: "Why? Why? It's a valid question."

    [[cross talk]]

    Grimm: "No, no, you're not man enough, you're not man enough. I'll
    break you in half. Like a boy."

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Posted in Uncategorized <http://electionlawblog.org/?cat=1>


    Dahlia on the Little Sisters Case <http://electionlawblog.org/?p=58411>

Posted on January 29, 2014 8:05 am 
<http://electionlawblog.org/?p=58411>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Slate: 
<http://www.slate.com/articles/news_and_politics/jurisprudence/2014/01/little_sisters_contraception_mandate_case_it_s_about_more_than_just_a_form.html> 
"This isn't just a fight over what signing the form means, it's a fight 
about who gets to decide what fighting over the form means: Barack Obama 
or God? And who wants to be the judge of that?"

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Posted in Supreme Court <http://electionlawblog.org/?cat=29>


    "Prominent Defenders for Nominee to Head Civil Right Division"
    <http://electionlawblog.org/?p=58409>

Posted on January 29, 2014 7:57 am 
<http://electionlawblog.org/?p=58409>by Rick Hasen 
<http://electionlawblog.org/?author=3>

NLJ 
<http://www.nationallawjournal.com/legaltimes/id=1202640408245?kw=Prominent%20Defenders%20for%20Nominee%20to%20Head%20Civil%20Right%20Division&et=editorial&bu=National%20Law%20Journal&cn=20140128&src=EMC-Email&pt=Legal%20Times%20Afternoon%20Update#> 
on Debo Adegbile.

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Posted in Department of Justice <http://electionlawblog.org/?cat=26>


    "Obama Touts Voting Rights Bill, Patent Reform"
    <http://electionlawblog.org/?p=58407>

Posted on January 29, 2014 7:56 am 
<http://electionlawblog.org/?p=58407>by Rick Hasen 
<http://electionlawblog.org/?author=3>

NLJ 
<http://www.nationallawjournal.com/id=1202640487525?kw=Obama%20Touts%20Voting%20Rights%20Bill%2C%20Patent%20Reform&et=editorial&bu=National%20Law%20Journal&cn=20140129&src=EMC-Email&pt=Daily%20Headlines>:

    "Last year, part of the Voting Rights Act was weakened," Obama said
    tonight. "But conservative Republicans and liberal Democrats are
    working together to strengthen it."

    Obama also touted the report of the Presidential Commission on
    Election Administration to address a range of electoral issues,
    including voting accessibility and voting machine technology.

    The president announced the commission during last year's State of
    the Union, and chose his 2008 and 2012 campaign counsel, Robert
    Bauer of Perkins Coie, and Mitt Romney's 2008 and 2012 campaign
    counsel, Benjamin Ginsberg of Patton Boggs, to lead the 10-member group.

    "The bipartisan commission I appointed last year has offered reforms
    so that no one has to wait more than a half hour to vote. Let's
    support these efforts," Obama said. "It should be the power of our
    vote, not the size of our bank account, that drives our democracy."

Jess Bravin 
<http://blogs.wsj.com/washwire/2014/01/28/obama-delivers-subtle-messages-to-justices/>

    :

    Chastened after his 2010 State of the Union address, when his
    explicit criticism of a Supreme Court decision sparked a rebuke from
    several justices, President Barack Obama
    <http://topics.wsj.com/person/O/barack,-obama/4328> took a more
    subtle approach Tuesday regarding a ruling he considers misguided.
    The reference in Tuesday's address to Congress was so subtle, in
    fact, that television camera operators apparently didn't realize
    what he was referring to, and failed to cut to attending justices
    for a reaction shot.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60>, Voting Rights Act 
<http://electionlawblog.org/?cat=15>


    "The Case Against Early Voting" <http://electionlawblog.org/?p=58404>

Posted on January 29, 2014 7:48 am 
<http://electionlawblog.org/?p=58404>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Eugene Kontorovich and John McGinnis: 
<http://www.politico.com/magazine/story/2014/01/early-voting-the-case-against-102748.html#ixzz2rnqOkgHS>

    The commission rightly notes that early voting has its advantages
    for individual voters --- not just avoiding long lines, but in many
    cases also getting to vote on weekends without having to miss work
    or school. But early voting run amok is bad for democracy. The costs
    to collective self-governance --- which the report refers to only in
    passing, in a single sentence --- substantially outweigh the
    benefits. Instead of expanding the practice, we should use this
    moment as an opportunity to establish clear limits on it before it
    becomes the norm.

    Why? For all its conveniences, early voting threatens the basic
    nature of citizen choice in democratic, republican government. In
    elections, candidates make competing appeals to the people and
    provide them with the information necessary to be able to make a
    choice. Citizens also engage with one another, debating and
    deliberating about the best options for the country. Especially in
    an age of so many nonpolitical distractions, it is important to
    preserve the space of a general election campaign --- from the early
    kickoff rallies to the last debates in October --- to allow voters
    to think through, together, the serious issues that face the nation.

Oddly enough, they still endorse "old fashioned absentee ballots," which 
seem to raise /exactly /the same issue.
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Posted in absentee ballots <http://electionlawblog.org/?cat=53>, 
election administration <http://electionlawblog.org/?cat=18>


    Bauer on Teachout on the Anti-Corruption Principle
    <http://electionlawblog.org/?p=58402>

Posted on January 29, 2014 7:42 am 
<http://electionlawblog.org/?p=58402>by Rick Hasen 
<http://electionlawblog.org/?author=3>

He's not impressed 
<http://www.moresoftmoneyhardlaw.com/2014/01/theory-practice-principles-purposes-uses-anti-corruption-principle/>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>


    "McCutcheon and the Meaning of Corruption: Not All Quid Pro Quos are
    Made of the Same Stuff" <http://electionlawblog.org/?p=58400>

Posted on January 28, 2014 4:26 pm 
<http://electionlawblog.org/?p=58400>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Zephyr Teachout has postedthis draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2387041>on SSRN.  
Here is the abstract:

    This Article critiques the use of quid pro quo as a method of
    defining corruption in campaign finance law cases.

    I argue first that quid pro quo has no definite meaning. Therefore,
    one doesn't avoid the problem of defining corruption by attaching
    "quid pro quo" to it. In the case law, sometimes it means explicit
    agreements, sometimes it means agreements about specific things,
    sometimes it is redundant, and sometimes it encompasses gifts in
    exchange for a promise to help out "as opportunities arise," a
    definition that sounds very close to the "influence seeking" that a
    majority of the Court has previously categorized as "not corruption."

    Second, I show that quid pro quo language has shallow roots. It is
    not a major part of traditional white collar criminal law doctrine:
    it appears through Buckley, and gets ported over to bribery laws.
    Relatedly, I show that quid pro quo is not a requirement in many
    states for proving bribery.

    Third, I argue that the use of quid pro quo as a limit in criminal
    bribery law comes from Due Process and prosecutorial discretion, not
    from the meaning of corruption itself. This kind of limit makes
    sense when interpreting criminal laws: the same limits don't make
    sense when interpreting the constitutional meaning of corruption.
    Due Process-derived constraints should be understood for what they
    are, not definitional constraints.

    Fourth, I show how the importation of bribery law terms to
    constitutional law deliberations reflects a positivism that is
    uniquely poorly suited to corruption definitions.

    What the Court has already done in Citizens United, and seems poised
    to do in McCutcheon, is port over the definition of corruption from
    a smattering of "intent" based white collar criminal statutes in
    order to define the scope of corruption as a (quasi-)Constitutional
    principle. The portage is done through the language of quid pro quo.
    As I argue in this piece, this transference is not justified, is bad
    history, and makes bad law.

    It is an early draft, and comments are welcome!

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme 
Court <http://electionlawblog.org/?cat=29>


    "Will McCutcheon Replay Citizens United? | Rules of the Game"
    <http://electionlawblog.org/?p=58398>

Posted on January 28, 2014 11:58 am 
<http://electionlawblog.org/?p=58398>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Eliza. 
<http://blogs.rollcall.com/beltway-insiders/will-mccutcheon-replay-citizens-united-rules-of-the-game/>

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme 
Court <http://electionlawblog.org/?cat=29>


    "California Sen. Rod Wright convicted of perjury, voter fraud"
    <http://electionlawblog.org/?p=58396>

Posted on January 28, 2014 11:49 am 
<http://electionlawblog.org/?p=58396>by Rick Hasen 
<http://electionlawblog.org/?author=3>

LA Times 
<http://www.latimes.com/local/political/la-me-pc-rod-wright-verdict-20140127,0,2754903.story#axzz2rixrjeic>:

    A Los Angeles jury on Tuesday convicted state Sen. Roderick D.
    Wright on all eight counts in his perjury and voter fraud trial.

    The Inglewood Democrat was indicted by a Los Angeles County grand
    jury in September 2010. He had pleaded not guilty and said he
    thought he had been following the law in 2007 when he took steps to
    run for the seat he has held since late 2008.

    In a trial that began Jan. 8, prosecutors accused Wright of faking a
    move to a rental property he owned in Inglewood so he could run in
    what was then the 25th Senate District.

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Posted in residency <http://electionlawblog.org/?cat=38>


    January Issue of NCSL's The Canvass Now Available
    <http://electionlawblog.org/?p=58394>

Posted on January 28, 2014 11:40 am 
<http://electionlawblog.org/?p=58394>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Here. 
<http://www.ncsl.org/research/elections-and-campaigns/the-canvass-january-2014.aspx?utm_source=Canvass&utm_campaign=71d3debd8e-Canvass_April_20134_25_2013&utm_medium=email&utm_term=0_c27fe8f428-71d3debd8e-111828865>

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Posted in election administration <http://electionlawblog.org/?cat=18>


    "GOP wants to change Missouri constitution for voter ID"
    <http://electionlawblog.org/?p=58392>

Posted on January 28, 2014 11:40 am 
<http://electionlawblog.org/?p=58392>by Rick Hasen 
<http://electionlawblog.org/?author=3>

MSNBC reports <http://www.msnbc.com/msnbc/gop-takes-another-swing-voter-id>.

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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>


    "Is Online Registration Reaching a Tipping Point?"
    <http://electionlawblog.org/?p=58388>

Posted on January 28, 2014 7:53 am 
<http://electionlawblog.org/?p=58388>by Rick Hasen 
<http://electionlawblog.org/?author=3>

A ChapinBlog. 
<http://blog.lib.umn.edu/cspg/electionacademy/2014/01/is_online_registration_reachin.php?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+HHHElections+%28The+Election+Aacdemy%29>

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
voter registration <http://electionlawblog.org/?cat=37>, voting 
technology <http://electionlawblog.org/?cat=40>


    "Secret Court Ruling Could Undermine Wisconsin Campaign Finance Law"
    <http://electionlawblog.org/?p=58386>

Posted on January 28, 2014 7:51 am 
<http://electionlawblog.org/?p=58386>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Brendan Fischer blogs 
<http://www.prwatch.org/news/2014/01/12371/undermine-wisconsin-elections>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>


    "Husted: Come up with compromise on election location"
    <http://electionlawblog.org/?p=58384>

Posted on January 28, 2014 7:50 am 
<http://electionlawblog.org/?p=58384>by Rick Hasen 
<http://electionlawblog.org/?author=3>

The latest 
<http://news.cincinnati.com/apps/pbcs.dll/article?AID=/201401220522/NEWS010602/301220167> 
from Cincy.

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Posted in election administration <http://electionlawblog.org/?cat=18>


    "Democrat wins Virginia Senate recount, giving Gov. Terry
    McAuliffe's agenda a crucial boost"
    <http://electionlawblog.org/?p=58382>

Posted on January 27, 2014 7:43 pm 
<http://electionlawblog.org/?p=58382>by Rick Hasen 
<http://electionlawblog.org/?author=3>

WaPo 
<http://www.washingtonpost.com/local/virginia-politics/monday-recount-will-decide-control-of-the-va-senate--and-fate-of-mcauliffe-agenda/2014/01/27/e93a2846-8756-11e3-833c-33098f9e5267_story.html>: 
"Democrats prepared to seize control of the Virginia Senate on Monday 
after winning a recount by just 11 votes in a razor-thin special 
election, giving Democratic Gov. Terry McAuliffe's first-year agenda a 
crucial boost."

That's a pretty thin razor.

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Posted in recounts <http://electionlawblog.org/?cat=50>


    PA Still Not Decided on Appeal of Voter ID Ruling
    <http://electionlawblog.org/?p=58380>

Posted on January 27, 2014 7:30 pm 
<http://electionlawblog.org/?p=58380>by Rick Hasen 
<http://electionlawblog.org/?author=3>

But the state 
<http://www.philly.com/philly/news/politics/20140128_Corbett_wants_judge_to_reconsider_voter_ID_ruling.html> 
files motion for reconsideration in the trial court.

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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>


    Report on Justice Sotomayor's Talk @UCILaw with Dean Erwin
    Chemerinsky <http://electionlawblog.org/?p=58376>

Posted on January 27, 2014 2:00 pm 
<http://electionlawblog.org/?p=58376>by Rick Hasen 
<http://electionlawblog.org/?author=3>

I live-tweeted the talk today, and I've reposted the relevant tweets 
below the fold.

Continue reading ? <http://electionlawblog.org/?p=58376#more-58376>

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Posted in Supreme Court <http://electionlawblog.org/?cat=29>


    Onward! <http://electionlawblog.org/?p=58374>

Posted on January 27, 2014 1:53 pm 
<http://electionlawblog.org/?p=58374>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Bert Brandenberg <http://www.gavelgrab.org/?p=68227> on the passing of 
the inimitable Roy Schotland.

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<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D58374&title=Onward%21&description=>
Posted in election law biz <http://electionlawblog.org/?cat=51>


    "Why New Jersey won't recall Chris Christie"
    <http://electionlawblog.org/?p=58372>

Posted on January 27, 2014 1:50 pm 
<http://electionlawblog.org/?p=58372>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Josh Spivak writes 
<http://theweek.com/article/index/255579/why-new-jersey-wont-recall-chris-christie?utm_source=links&utm_medium=website&utm_campaign=twitter> 
for /The Week. /More here 
<http://recallelections.blogspot.com/2014/01/op-ed-in-jersey-anythings-legal-as-long.html>.

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Posted in recall elections <http://electionlawblog.org/?cat=11>


    "The Voting Rights Act in Winter: The Death of a Superstatute"
    <http://electionlawblog.org/?p=58370>

Posted on January 27, 2014 1:49 pm 
<http://electionlawblog.org/?p=58370>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Guy Charles and Luis Fuentes-Rohwer have posted this draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2377470>on SSRN.  
Here is the abstract:

    The Voting Rights Act, the most successful civil rights statute in
    American history, is dying. In the recent Shelby County decision,
    the U.S. Supreme Court signaled that the anti-discrimination model,
    long understood as the basis for the VRA as originally enacted, is
    no longer the best way to understand the voting rights questions of
    today. Voting rights law and policy are at a critical moment of
    transition. It is likely the case that the superstatute we once knew
    as the VRA is no more and never to return. If so, we need to figure
    out what, if anything, can, will, or should replace it. But before
    figuring out where to go from here, we need to first understand how
    we arrived at the moment of the VRA's disintegration so as not to
    repeat the mistakes of the not too distant past. In this article we
    argue that the VRA is dying because the consensus over the existence
    and persistence of racial discrimination in voting has dissolved. We
    outline three paths for the future of voting rights policy:
    rebuilding a new consensus over the racial discrimination model;
    forging a new consensus over what we call an autonomy model; or
    reconceiving voting rights in universal terms.

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Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>


    Very Sad News: Election Law Giant Roy Schotland Has Died
    <http://electionlawblog.org/?p=58367>

Posted on January 27, 2014 8:00 am 
<http://electionlawblog.org/?p=58367>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Here 
<http://www.legacy.com/obituaries/washingtonpost/obituary.aspx?n=roy-a-schotland&pid=169352214&fhid=10909> 
is the funeral notice, and here is Doug Chapin's remembrance. 
<http://blog.lib.umn.edu/cspg/electionacademy/2014/01/farewell_friend_roy_schotland.php>

I will deeply miss Roy's friendship and leadership.He was truly a giant 
in the field of election law. He taught me more than anyone else about 
the law related to judicial elections and he  worked tirelessly to 
improve judicial selection mechanisms.

Our country and our courts are much stronger because of Roy's work.  And 
I am a much better teacher and scholar thanks to him: Roy always 
questioned assumptions, demanded evidence, and looked for logic and 
common sense.  He was a great, passionate and compassionate human 
being.  I  so enjoyed our exchanges---in person and over email---over 
these many years.

I will miss him very much.

Our condolences to his family and friends.

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Posted in election law biz <http://electionlawblog.org/?cat=51>


    "Coordinating with a Super PAC, Raising Money for It, and the
    Difference Between the Two" <http://electionlawblog.org/?p=58365>

Posted on January 27, 2014 7:53 am 
<http://electionlawblog.org/?p=58365>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Bauer 
<http://www.moresoftmoneyhardlaw.com/2014/01/coordinating-super-pac-raising-money-difference-two/>:

    How much can a candidate do for a Super PAC without illegally
    "coordinating" with it? Recent proposals would answer that she has
    to keep her distance---no publicly (or privately) stated support and
    no fundraising for the independent committee. A bit of a surprise
    has developed in the debate. While questioning how far these
    restrictions can go, Rick Hasen concludes that as a matter of
    constitutional law, Congress may prohibit the fundraising, and on
    this point, he sides in theory with Brad Smith of the Center for
    Competitive Politics. Richard L. Hasen, /Super PAC Contributions,
    Corruption, and the Proxy War Over Coordination/, Duke Journal of
    Constitutional Law & Public Policy (forthcoming), 16-17, /available
    at /http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2383452 ;
    Bradley A. Smith, /Super PACs and the Role of "Coordination" in
    Campaign Finance Law/, 49 Willamette L. Rev. 603, 635 (2013).

    Rick Hasen and Brad Smith are not often found in the same
    jurisprudential company.  So it is interesting to consider how they
    may have arrived there and why, in their judgments about the
    regulation /Buckley/ would allow, they appear to have erred.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>


    "Early vote issue throws political damper on crime lab upgrade"
    <http://electionlawblog.org/?p=58363>

Posted on January 27, 2014 7:50 am 
<http://electionlawblog.org/?p=58363>by Rick Hasen 
<http://electionlawblog.org/?author=3>

The latest 
<http://news.cincinnati.com/apps/pbcs.dll/article?AID=/201401270522/NEWS/301270017> 
from Cincy.

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<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D58363&title=%E2%80%9CEarly%20vote%20issue%20throws%20political%20damper%20on%20crime%20lab%20upgrade%E2%80%9D&description=>
Posted in election administration <http://electionlawblog.org/?cat=18>


    "IRS Wants To Tighten Its Rule On Social Welfare Groups"
    <http://electionlawblog.org/?p=58361>

Posted on January 27, 2014 7:48 am 
<http://electionlawblog.org/?p=58361>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Peter Overby reports 
<http://www.npr.org/2014/01/27/266941639/irs-wants-to-tighten-its-rule-on-social-welfare-groups> 
for NPR.

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<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D58361&title=%E2%80%9CIRS%20Wants%20To%20Tighten%20Its%20Rule%20On%20Social%20Welfare%20Groups%E2%80%9D&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law 
and election law <http://electionlawblog.org/?cat=22>


    "Labor Unions Financing Republican Rift With Tea Party"
    <http://electionlawblog.org/?p=58359>

Posted on January 27, 2014 7:46 am 
<http://electionlawblog.org/?p=58359>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Bloomberg reports. 
<http://www.bloomberg.com/news/2014-01-27/labor-unions-financing-republican-rift-with-tea-party.html?alcmpid=politics>

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
campaigns <http://electionlawblog.org/?cat=59>


    "Political Corruption in the United States: A Design Draft"
    <http://electionlawblog.org/?p=58357>

Posted on January 27, 2014 7:45 am 
<http://electionlawblog.org/?p=58357>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Amitai Etzioni has postedthis draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2378486> on SSRN 
(PS: Political Science and Politics).  Here is the abstract:

    To establish the scope and level of corruption in the contemporary
    United States, a collaborative project of political scientists is
    called for. Such a study best start with explicating the definition
    of corruption various scholars employ. Three are here employed:
    using public goods for personal gains, deflecting public goods to
    private groups, and making such moves when they are legal but
    illicit. To assess corruption on all these levels, we must take into
    account that various forms --- outlined below --- that 'capture'
    takes beyond the corruption of the laws themselves. A study of the
    major differences in the level of corruption among the three
    branches of government may help deepen our understanding of the
    prevalence and causes of corruption. A study of 'rent' may help
    predict that future course of corruption. Other facets to be studied
    are merely listed as topics whose study warrants collaborative
    investigation.

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Posted in bribery <http://electionlawblog.org/?cat=54>, chicanery 
<http://electionlawblog.org/?cat=12>


    "Campaign Legal Center misunderstands Citizens United, First
    Amendment" <http://electionlawblog.org/?p=58355>

Posted on January 27, 2014 7:43 am 
<http://electionlawblog.org/?p=58355>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Paul Jossey blogs. 
<http://thereplawyer.blogspot.com/2014/01/campaign-legal-center-misunderstands.html>

Share 
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Posted in campaign finance <http://electionlawblog.org/?cat=10>


    "Clerk rejects petitions for arena vote"
    <http://electionlawblog.org/?p=58353>

Posted on January 26, 2014 9:36 pm 
<http://electionlawblog.org/?p=58353>by Rick Hasen 
<http://electionlawblog.org/?author=3>

SacBee 
<http://www.sacbee.com/2014/01/24/6098755/sacramento-city-clerk-rejects.html>: 
"The campaign to force a public vote on Sacramento's downtown arena plan 
was dealt a considerable blow Friday, when the city's top elections 
official rejected the measure for "major" legal flaws and ruled it 
should not appear on the June ballot."

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Posted in direct democracy <http://electionlawblog.org/?cat=62>, 
petition signature gathering <http://electionlawblog.org/?cat=39>


    "Improving our Voting Systems: A presidential report suggests good
    reforms, but its support for no-excuse absentee ballots is wrong."
    <http://electionlawblog.org/?p=58351>

Posted on January 26, 2014 9:20 pm 
<http://electionlawblog.org/?p=58351>by Rick Hasen 
<http://electionlawblog.org/?author=3>

John Fund 
<http://www.nationalreview.com/article/369337/improving-our-voting-systems-john-fund>on 
Bauer-Ginsberg.

I've long said that those genuinely concerned with fraud need to start 
with controls on absentee ballots. As the PCEA report itself noted, 
"Fraud is rare, but when it does occur, absentee ballots are often the 
method of choice." (Page 56.)

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Posted in absentee ballots <http://electionlawblog.org/?cat=53>, 
chicanery <http://electionlawblog.org/?cat=12>, election 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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