[EL] ELB News and Commentary 7/18/14
Rick Hasen
rhasen at law.uci.edu
Thu Jul 17 20:47:52 PDT 2014
Tokaji, Gerken, and Brad Smith to Testify About DISCLOSE Act III
Before Senate Rules Committee <http://electionlawblog.org/?p=63497>
Posted on July 17, 2014 8:42 pm <http://electionlawblog.org/?p=63497>by
Rick Hasen <http://electionlawblog.org/?author=3>
So reports
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=50017294&vname=mpebulallissues&jd=a0f3k3y6u8&split=0>
Bloomberg BNA. Here is the hearing notice
<http://www.rules.senate.gov/public/index.cfm?p=CommitteeHearings&ContentRecord_id=cf182ddc-c2e3-48ee-9619-a995954d74d6&ContentType_id=14f995b9-dfa5-407a-9d35-56cc7152a7ed&Group_id=1983a2a8-4fc3-4062-a50e-7997351c154b>.
I had problems with the first version of the DISCLOSE Act, but I
testified
<http://rules.senate.gov/public/index.cfm?p=CommitteeHearings&ContentRecord_id=977aba5d-2591-4386-af09-541cfbeaaafc&Statement_id=5935a9b7-a497-4247-b1cd-2eb8dcc50214&ContentType_id=14f995b9-dfa5-407a-9d35-56cc7152a7ed&Group_id=1983a2a8-4fc3-4062-a50e-7997351c154b&MonthDisplay=3&YearDisplay=2012>
in favor of the second version <http://electionlawblog.org/?p=32374>. I
haven't looked at this new one yet.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Ohio House Speaker says he's open to law setting early voting
hours" <http://electionlawblog.org/?p=63495>
Posted on July 17, 2014 7:53 pm <http://electionlawblog.org/?p=63495>by
Rick Hasen <http://electionlawblog.org/?author=3>
Marc Kovac reports.
<http://www.the-news-leader.com/latest%20headlines/2014/07/17/ohio-house-speaker-says-he-s-open-to-law-setting-early-voting-hours>
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
LA Times Misuses "Voter Fraud" Term
<http://electionlawblog.org/?p=63493>
Posted on July 17, 2014 7:33 pm <http://electionlawblog.org/?p=63493>by
Rick Hasen <http://electionlawblog.org/?author=3>
Voter fraud alleged in 'Six Californias' petition drive
<http://www.latimes.com/local/political/la-me-pc-six-calif-complaint-20140717-story.html>
is actually about allegations that petition circulators defrauded voters.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"Should judge follow his own advice to 'STFU' Column?"
<http://electionlawblog.org/?p=63487>
Posted on July 17, 2014 7:12 pm <http://electionlawblog.org/?p=63487>by
Rick Hasen <http://electionlawblog.org/?author=3>
Curiously absent from Tony Mauro's column
<http://www.usatoday.com/story/opinion/2014/07/17/federal-judge-supreme-court-blog-stfu-kopf-transparency-column/12801773/>
on Judge Kopf: any mention of Judge Kopf's indefensible sexist comments
<http://appellatedaily.blogspot.com/2014/03/judge-kopfs-attire-post-was-just-awful.html>about
women lawyers and their "ample chest[s]" appearing in his courtroom.
I hope Tony doesn't find that "refreshing" like he finds some of Judge
Kopf's other comments.
UPDATE: Tony replies via Twitte
<https://twitter.com/Tonymauro/status/489958534550155264>r: "Those
comments were definitely not refreshing. I hope he sticks to the topic
of judging."
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"What exactly is Chris McDaniel doing? Beats me."
<http://electionlawblog.org/?p=63485>
Posted on July 17, 2014 4:03 pm <http://electionlawblog.org/?p=63485>by
Rick Hasen <http://electionlawblog.org/?author=3>
The Fix
<http://m.washingtonpost.com/blogs/the-fix/wp/2014/07/17/what-exactly-is-chris-mcdaniel-doing/>:
Is there a chance that McDaniel has found a series of smoking guns
regarding the runoff vote that he will reveal at some point in the
future and, in so doing, invalidate the results? I mean, I suppose
so since I can't rule anything in or out given that McDaniel has
presented a total of zero evidence of these allegedly broad-scale
irregularities. But, there's a /much/ larger chance that this whole
challenge-but-it-isn't-a-challenge-just-yet fizzles into nothing,
leaving McDaniel looking like the sorest of losers. And no one likes
(or votes for) a sore loser.
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Posted in campaigns <http://electionlawblog.org/?cat=59>, The Voting
Wars <http://electionlawblog.org/?cat=60>
"Perjury, voter fraud case against Alarcon and wife goes to the
jury" <http://electionlawblog.org/?p=63483>
Posted on July 17, 2014 2:58 pm <http://electionlawblog.org/?p=63483>by
Rick Hasen <http://electionlawblog.org/?author=3>
LAT.
<http://www.latimes.com/local/lanow/la-me-ln-alarcon-closing-argument-20140716-story.html>
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Posted in residency <http://electionlawblog.org/?cat=38>
"Differing Views on Corruption and Campaign Finance"
<http://electionlawblog.org/?p=63480>
Posted on July 17, 2014 2:44 pm <http://electionlawblog.org/?p=63480>by
Rick Hasen <http://electionlawblog.org/?author=3>
This item
<http://www.cityethics.org/content/differing-views-corruption-and-campaign-finance>
appears at City Ethics.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"All-Mail Elections Quietly Flourish"
<http://electionlawblog.org/?p=63478>
Posted on July 17, 2014 2:43 pm <http://electionlawblog.org/?p=63478>by
Rick Hasen <http://electionlawblog.org/?author=3>
That's the lead story in the latest issue of NCSL's "The Canvass
<http://www.ncsl.org/research/elections-and-campaigns/states-and-election-reform-the-canvass-july-2014.aspx?utm_source=Canvass&utm_campaign=cee880bbef-Canvass_April_20134_25_2013&utm_medium=email&utm_term=0_c27fe8f428-cee880bbef-111828865>."
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Posted in absentee ballots <http://electionlawblog.org/?cat=53>,
election administration <http://electionlawblog.org/?cat=18>
"Who Advised Cuomo on Mortgage Industry Investigation? A Mortgage
Lobbyist" <http://electionlawblog.org/?p=63476>
Posted on July 17, 2014 2:42 pm <http://electionlawblog.org/?p=63476>by
Rick Hasen <http://electionlawblog.org/?author=3>
Justin Elliott reports
<http://www.propublica.org/article/who-advised-cuomo-on-mortgage-industry-investigation-a-mortgage-lobbyist>
for ProPublica.
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Posted in conflict of interest laws
<http://electionlawblog.org/?cat=20>, lobbying
<http://electionlawblog.org/?cat=28>
"County elections official in 'uncharted territory' with Calif.
recount" <http://electionlawblog.org/?p=63474>
Posted on July 17, 2014 2:39 pm <http://electionlawblog.org/?p=63474>by
Rick Hasen <http://electionlawblog.org/?author=3>
That's the lead story in this week'sElectionline Weekly.
<http://www.electionline.org/index.php/electionline-weekly>
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Posted in election administration <http://electionlawblog.org/?cat=18>,
recounts <http://electionlawblog.org/?cat=50>
"Watchdogs File FCC Complaints Against TV Stations that Failed to
Properly ID Political Ad Sponsors"
<http://electionlawblog.org/?p=63472>
Posted on July 17, 2014 2:35 pm <http://electionlawblog.org/?p=63472>by
Rick Hasen <http://electionlawblog.org/?author=3>
See this press release.
<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=2530:july-17-2014-watchdogs-file-fcc-complaints-against-tv-stations-that-failed-to-properly-id-political-ad-sponsors&catid=63:legal-center-press-releases&Itemid=61>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Danger--Daniels Room" <http://electionlawblog.org/?p=63470>
Posted on July 17, 2014 2:26 pm <http://electionlawblog.org/?p=63470>by
Rick Hasen <http://electionlawblog.org/?author=3>
An only-in-Florida
<http://tbo.com/news/politics/candidates-proof-of-residency-sign-on-his-bedroom-door-20140717/>
candidate residency dispute.
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Posted in residency <http://electionlawblog.org/?cat=38>
"Mississippi Supreme Court Won't Order Immediate Release of Poll
Books" <http://electionlawblog.org/?p=63468>
Posted on July 17, 2014 2:23 pm <http://electionlawblog.org/?p=63468>by
Rick Hasen <http://electionlawblog.org/?author=3>
BAN reports
<http://www.ballot-access.org/2014/07/mississippi-supreme-court-wont-order-immediate-release-of-poll-books/>.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
recounts <http://electionlawblog.org/?cat=50>
Breaking: U.S. Election Assistance Commission May Be Back with
Commissioners Soon <http://electionlawblog.org/?p=63460>
Posted on July 17, 2014 2:09 pm <http://electionlawblog.org/?p=63460>by
Rick Hasen <http://electionlawblog.org/?author=3>
President Obama just announced two nominations
<http://www.whitehouse.gov/the-press-office/2014/07/17/president-obama-announces-more-key-administration-posts-0>for
the U.S. Assistance Commission. Matthew Masterson and Christy McCormick
are Republican-chosen nominees to join the two nominees from the
Democrats, Thomas Hicks and Myrna Perez.
The EAC was created as part of the 2002 Help America Vote Act as a way
of providing best practices and doling out voting machine money in the
wake of the Florida 2000 debacle. The commission functions with two
Democratic nominees and two Republican nominees.
As I explain 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>,
the EAC started out with some independent commissioners who looked like
they were going to transcend partisan politics and get some stuff done.
But then there was controversy over a voter id report, and pressure on
Republican commissioners. The Commission then started deadlocking on
party lines. Eventually, Republican commissioners then Democratic
commissioners left the commission, and none have been confirmed since.
Many Republicans have told me they considered the agency unnecessary and
too biased toward Democrats, and House Republicans voted to defund the
agency.
Until today the Democratic nominations were in abeyance. Perhaps the
logjam was broken because Republicans realized that with the nuclear
option Democrats were ready to nominate their two commissioners. Even
though two commissioners could not vote on anything binding, it would
give them a platform from which to speak.
What will be exceptionally interesting now, assuming we get all four
commissioners on board, is what happens to the Kobach v. EAC litigation
over whether Kansas and Arizona must accept voters who register with the
EAC-approved federal form but do not provide documentary proof of
citizenship as the states require. The EAC is pushing forward with its
appeal (the states won in the lower court), but what happens if the four
new commissioners deadlock on moving forward?
As Doug Chapin likes to say, "Stay Tuned."
UPDATE: A reader reminds me that in the Kobach case there are
alsointervenors
<http://moritzlaw.osu.edu/electionlaw/litigation/documents/ArizLOWVMot2InterveneDfdnt.pdf>
if a new EAC deadlocks.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
Election Assistance Commission <http://electionlawblog.org/?cat=34>, The
Voting Wars <http://electionlawblog.org/?cat=60>
Judge Kopf Responds to My Blog Post, Moving from Attacking Prof.
Bainbridge to Attacking Me <http://electionlawblog.org/?p=63457>
Posted on July 17, 2014 8:40 am <http://electionlawblog.org/?p=63457>by
Rick Hasen <http://electionlawblog.org/?author=3>
He writes in the comments
<http://herculesandtheumpire.com/2014/07/16/an-ode-to-certain-serious-law-professors/#comment-16062>to
his earlier blog post:
Go read the Pingback:"STFU" Judge Tells Professor Bainbridge: "FUCK"
<http://electionlawblog.org/?p=63431> |
Of course, I said no such thing. I recommended that the professors
read a law review article with the title of "Fuck." It is a serious
article published in a serious law review and written by a serious
law professor. I do not understand why Professor Hasen wrote the
intellectually dishonest post title. But then again his election
blog is all about propaganda.
RGK
Really Judge Kopf? Any reasonable reader of your earlier blog post would
see that your severe criticism of Prof. Bainbridge coupled with your
suggestion that he read a law review article entitled "FUCK" is your way
of saying that to Prof. Bainbridge---though perhaps a smidgen less
direct than your earlier post telling the Supreme Court to "STFU."
I think this is sad actually. I have never seen a federal judge so
desperate for attention, and perhaps losing his competence. As I wrote
in the last post, "it is time for the good judge to retire or stop
blogging. I am worried about his judgment at this point, and I think he
has demeaned his office."
As for your claim that my blog is "all about propaganda," I leave that
to my readers to judge.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"Larry Lessig: Hypocrisy Squared" <http://electionlawblog.org/?p=63455>
Posted on July 17, 2014 8:29 am <http://electionlawblog.org/?p=63455>by
Rick Hasen <http://electionlawblog.org/?author=3>
Paul Jossey blogs.
<http://thereplawyer.blogspot.com/2014/07/larry-lessig-hypocrisy-squared.html>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org
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