[EL] ELB News and Commentary 7/7/14
Rick Hasen
rhasen at law.uci.edu
Sun Jul 6 21:54:46 PDT 2014
"Students Joining Battle to Upend Laws on Voter ID; College Students
Claim Voter ID Laws Discriminate Based on Age"
<http://electionlawblog.org/?p=63046>
Posted on July 6, 2014 9:46 pm <http://electionlawblog.org/?p=63046>by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT:
<http://www.nytimes.com/2014/07/06/us/college-students-claim-voter-id-laws-discriminate-based-on-age.html?ref=politics>
Civil rights groups have spent a decade fighting requirements that
voters show photo identification, arguing that this discriminates
against African-Americans, Hispanics and the poor. This week in a
North Carolina courtroom, another group will make its case that such
laws are discriminatory: college students.
Joining a challenge
<http://electionlawblog.org/wp-content/uploads/29-1.pdf> to a state
law alongside the N.A.A.C.P., the American Civil Liberties Union and
the Justice Department, lawyers for seven college students and three
voter-registration advocates are making the novel constitutional
argument that the law violates the 26th Amendment
<http://query.nytimes.com/gst/abstract.html?res=9C01E4DF1E3FE63ABC4E53DFB166838A669EDE>,
which lowered the voting age to 18 from 21. The amendment also
declares that the right to vote "shall not be denied or abridged by
the United States or any state on account of age."
There has never been a case like it, and if the students succeed, it
will open another front in what has become a highly partisan battle
over voting rights.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>
"Hearing on N.C. voter ID law draws national attention"
<http://electionlawblog.org/?p=63044>
Posted on July 6, 2014 9:43 pm <http://electionlawblog.org/?p=63044>by
Rick Hasen <http://electionlawblog.org/?author=3>
The /Winston-Salem Journal/ reports.
<http://www.journalnow.com/news/state_region/hearing-on-n-c-voter-id-law-draws-national-attention/article_959e1675-df9a-555f-aae9-178c7b14567d.html>
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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>, Voting Rights Act
<http://electionlawblog.org/?cat=15>
"Richard Alarcon's perjury and voter fraud trial to resume this
week" <http://electionlawblog.org/?p=63042>
Posted on July 6, 2014 9:43 pm <http://electionlawblog.org/?p=63042>by
Rick Hasen <http://electionlawblog.org/?author=3>
The LA Times reports.
<http://www.latimes.com/local/la-me-alarcon-trial-20140707-story.html#page=1>
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"Koch Brothers group targets Iowa politics"
<http://electionlawblog.org/?p=63040>
Posted on July 6, 2014 9:38 pm <http://electionlawblog.org/?p=63040>by
Rick Hasen <http://electionlawblog.org/?author=3>
Des Moines Register/USA Today
<http://www.usatoday.com/story/news/politics/2014/07/06/koch-brothers-group-targets-iowa/12268661/>:
The main political branch of the conservative Koch brothers' empire
is mounting a full-scale mobilization
<http://www.desmoinesregister.com/story/news/politics/2014/07/06/conservative-group-americans-prosperity-targets-iowa/12262325/>
to become a transformative political power in Iowa, the state where
the battle for the presidency begins.
Americans for Prosperity <http://americansforprosperity.org/>, which
touts the virtues of low taxes and an unobtrusive government, isn't
focusing on just an election cycle or two. Its organizers openly say
they're digging in to circumvent traditional political outlets and
change the landscape of politics here for a generation.
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Posted in campaigns <http://electionlawblog.org/?cat=59>, political
parties <http://electionlawblog.org/?cat=25>, political polarization
<http://electionlawblog.org/?cat=68>
"Support wanes in Sacramento for tough ethics reform following
scandal" <http://electionlawblog.org/?p=63038>
Posted on July 6, 2014 9:35 pm <http://electionlawblog.org/?p=63038>by
Rick Hasen <http://electionlawblog.org/?author=3>
The /San Jose Mercury News /reports.
<http://www.mercurynews.com/california/ci_26095376/support-wanes-tough-ethics-reform-following-scandal>
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Posted in conflict of interest laws
<http://electionlawblog.org/?cat=20>, ethics investigations
<http://electionlawblog.org/?cat=42>
"House quietly approved amendment to help state GOP"
<http://electionlawblog.org/?p=63036>
Posted on July 6, 2014 9:33 pm <http://electionlawblog.org/?p=63036>by
Rick Hasen <http://electionlawblog.org/?author=3>
Boston Globe
<http://www.bostonglobe.com/metro/2014/07/02/house-quietly-approved-amendment-help-state-gop/DzXXcgHrKyr7TtcZ53dhmN/story.html>:
"The House Republican leadership, with the cooperation of Democratic
leaders, quietly attached an amendment to an election law bill last
month that would allow the cash-strapped state GOP party to raise
unlimited donations to pay for an expensive legal battle with Tea Party
gubernatorial candidate Mark Fisher."
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Posted in political parties <http://electionlawblog.org/?cat=25>
"What's left of the political center?"
<http://electionlawblog.org/?p=63034>
Posted on July 6, 2014 9:30 pm <http://electionlawblog.org/?p=63034>by
Rick Hasen <http://electionlawblog.org/?author=3>
Dan Balz writes.
<http://www.washingtonpost.com/politics/whats-left-of-the-political-center/2014/07/05/37122966-0447-11e4-8572-4b1b969b6322_story.html>
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Posted in political parties <http://electionlawblog.org/?cat=25>,
political polarization <http://electionlawblog.org/?cat=68>
"Meet Sean Haugh, the Libertarian pizza guy who may deliver a Senate
seat in N.C." <http://electionlawblog.org/?p=63032>
Posted on July 6, 2014 9:28 pm <http://electionlawblog.org/?p=63032>by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo reports.
<http://www.washingtonpost.com/politics/meet-sean-haugh-the-libertarian-pizza-guy-who-may-deliver-a-senate-seat-in-nc/2014/07/06/b321c03a-022f-11e4-8572-4b1b969b6322_story.html>
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Posted in campaigns <http://electionlawblog.org/?cat=59>, political
parties <http://electionlawblog.org/?cat=25>
"Richard Mellon Scaife, Champion Of Conservative Causes, Dies At 82?
<http://electionlawblog.org/?p=63030>
Posted on July 6, 2014 9:25 pm <http://electionlawblog.org/?p=63030>by
Rick Hasen <http://electionlawblog.org/?author=3>
Hansi Lo Wang reports
<http://www.npr.org/2014/07/04/328515569/richard-mellon-scaife-champion-of-conservative-causes-dies-at-82>
for NPR.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"The Impact of Public Officials' Corruption on the Size and
Allocation of U.S. State Spending"
<http://electionlawblog.org/?p=63028>
Posted on July 6, 2014 9:21 pm <http://electionlawblog.org/?p=63028>by
Rick Hasen <http://electionlawblog.org/?author=3>
Cheol Liu and John L. Mikesell have writtenthis article
<http://onlinelibrary.wiley.com/doi/10.1111/puar.12212/full> for the
/Public Administration Review. /Here is the abstract:
/This article demonstrates the impact of public officials'
corruption on the size and allocation of U.S. state spending.
Extending two theories of "excessive" government expansion, the
authors argue that public officials' corruption should cause state
spending to be artificially elevated. Corruption increased state
spending over the period 1997--2008. During that time, the 10 most
corrupt states could have reduced their total annual expenditure by
an average of $1,308 per capita---5.2 percent of the mean per capita
state expenditure---if corruption had been at the average level of
the states. Moreover, at the expense of social sectors, corruption
is likely to distort states' public resource allocations in favor of
higher-potential "bribe-generating" spending and items directly
beneficial to public officials, such as capital, construction,
highways, borrowing, and total salaries and wages. The authors use
an objective, concrete, and consistent measurement of corruption,
the number of convictions/.
Via Fortune, The 10 Most Corrupt States in the U.S.
<http://fortune.com/2014/06/10/most-corrupt-states-in-america/?xid=ob_rss>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
campaigns <http://electionlawblog.org/?cat=59>
"Is there a First Amendment right to lie in politics?"
<http://electionlawblog.org/?p=63026>
Posted on July 6, 2014 9:17 pm <http://electionlawblog.org/?p=63026>by
Rick Hasen <http://electionlawblog.org/?author=3>
David Schultz oped
<http://www.cleveland.com/opinion/index.ssf/2014/07/is_there_a_first_amendment_rig.html#incart_river>.
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Posted in campaigns <http://electionlawblog.org/?cat=59>
"Book review: 'On Democracy's Doorstop,' by J. Douglas Smith"
<http://electionlawblog.org/?p=63024>
Posted on July 6, 2014 9:16 pm <http://electionlawblog.org/?p=63024>by
Rick Hasen <http://electionlawblog.org/?author=3>
David Garrow
<http://www.washingtonpost.com/opinions/book-review-on-democracys-doorstop-by-j-douglas-smith/2014/07/03/a8f161da-dd16-11e3-b745-87d39690c5c0_story.html>:
The civil rights revolution of the 1960s is much remembered,
especially in this 50th-anniversary year of the 1964 Civil Rights
Act. But the other transformational political revolution of the
1960s is almost entirely forgotten. Between 1962 and 1964, the U.S.
Supreme Court, led by Chief Justice Earl Warren
<https://warren.ucsd.edu/about/biography.html>, decreed that the
Constitution's 14th Amendment required states to draw all
legislative districts and U.S. House seats on the basis of
population equality alone. That mandate, that the U.S. "conception
of political equality . . . can mean only one thing --- one person,
one vote," as the court stated in 1963, radically altered the
composition of state legislatures nationwide.
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, voting
<http://electionlawblog.org/?cat=31>
"It's time for progressives to reclaim the Constitution"
<http://electionlawblog.org/?p=63022>
Posted on July 6, 2014 9:13 pm <http://electionlawblog.org/?p=63022>by
Rick Hasen <http://electionlawblog.org/?author=3>
E.J. Dionne
<http://www.washingtonpost.com/opinions/ej-dionne-its-time-for-progressives-to-reclaim-the-constitution/2014/07/06/2b884734-02d9-11e4-8572-4b1b969b6322_story.html>
WaPo column.
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>
"Hall: McDaniel campaign in financial straits"
<http://electionlawblog.org/?p=63020>
Posted on July 6, 2014 9:12 pm <http://electionlawblog.org/?p=63020>by
Rick Hasen <http://electionlawblog.org/?author=3>
Sam R. Hall
<http://www.clarionledger.com/story/opinion/columnists/2014/07/05/hall-mcdaniel-campaign-financial-straits/12260883/>
(/Clarion Ledger/):
However, any money contributed toward the Election Challenge Fund,
can be used for any other legal campaign expenses. All McDaniel has
to do is file a challenge and go through the process. That allows
him to raise another round of $2,600 from maxed out donors and use
the money however he sees fit --- including paying political staff
or repaying his own loan.
The same is true for the second eyebrow-raising email, in which he
announced that his campaign would pay up to 15 rewards valued at
$1,000 each for information leading to the arrest and conviction of
someone on charges of election fraud in the primary runoff election.
McDaniel, in the email, said he was asking people to contribute $15
each to fund the rewards. This money, just as the other, can go
toward any legal campaign expenditure.
As McDaniel continues to rattle the sabers about how incumbent U.S.
Sen. Thad Cochran stole the election --- an incredible accusation
made by a lawyer of a sitting member of Congress --- the lack of
evidence of illegal activity is starting to get noticed. Also
getting noticed is the fact that the number of double-voters is
nowhere near enough to change the outcome of the election. Even
McDaniel's own supporters --- some of whom helped review the Hinds
County voter rolls --- have admitted that the actual number of
irregularities in that county is less than half of the publicly
stated 3,000.
So while there is little doubt McDaniel is going to challenge the
election, people are starting to wonder if the challenge is more
about creating a better avenue to raise money to pay off the
personal loan to himself or if he's really looking to raise the
millions of dollars an effective legal challenge will cost. That his
campaign has ignored questions about the personal loan only makes
the questions grow louder.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
campaigns <http://electionlawblog.org/?cat=59>, recounts
<http://electionlawblog.org/?cat=50>
--
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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