[EL] ELB News and Commentary 7/19/14
Rick Hasen
rhasen at law.uci.edu
Fri Jul 18 19:23:46 PDT 2014
<http://electionlawblog.org/>
CA Controller Recount Over: Lessons Learned?
<http://electionlawblog.org/?p=63538>
Posted on July 18, 2014 4:47 pm <http://electionlawblog.org/?p=63538>by
Rick Hasen <http://electionlawblog.org/?author=3>
KPCC's Sharon McNary reports
<https://twitter.com/KPCCsharon/status/490278034188955649>: "Recount in
@*CAController* <https://twitter.com/CAController> race ends today.
@*SpeakerPerez* <https://twitter.com/SpeakerPerez> spokesman
@*douglasjherman* <https://twitter.com/douglasjherman> says it's over.
Cost: about $30K for 10 votes."
I told the audience at #CACEO yesterday that this what what I expected
unless Perez started finding a lot more votes fast to make up his 481
vote margin.
But making the candidate pay for a recount in such a razor-thin race is
a dumb idea, and it led to the kind of cherry picking that Perez engaged
in. The election officials I spoke to yesterday were quite concerned
any recount under the existing rules would run into the deadlines for
printing ballots. They did not know if and when the courts would get
involved.
The CA legislature needs to rewrite the rules,
<http://www.capradio.org/28184> creating stated-funded, fast and
automatic recounts with margins this close.
Do I think the legislature will do so? No way. They still have not
fixed obvious and easily fixable problems revealed in the 2003 CA
gubernatorial recall.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
recounts <http://electionlawblog.org/?cat=50>
Straight Out of a Legislation Exam: Is a Bicycle a "Vehicle" in
Intoxicated Bicyclist Collision? <http://electionlawblog.org/?p=63536>
Posted on July 18, 2014 4:29 pm <http://electionlawblog.org/?p=63536>by
Rick Hasen <http://electionlawblog.org/?author=3>
Velasquez v. Superior Court: <http://www.metnews.com/sos.cgi?0714//B253327>
While riding his bicycle, Jorge Velasquez, Jr. collided with a
pedestrian, seriously injuring her. He was charged with recklessly
driving a "vehicle" under Vehicle Code section 23103.1 One section
of the code, however, defines "vehicle" in a way that excludes
bicycles. (§ 670.) Another section of the code subjects a bicyclist
to "all the provisions applicable to the driver of a vehicle." (§
21200, subd. (a).) Given the seeming tension between the two
sections, can a bicyclist be charged with recklessly driving a
"vehicle"? We conclude, yes, a bicyclist can be charged with
recklessly driving a vehicle under section 21200.
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Posted in statutory interpretation <http://electionlawblog.org/?cat=21>
"Race and Voting Rights" <http://electionlawblog.org/?p=63534>
Posted on July 18, 2014 4:06 pm <http://electionlawblog.org/?p=63534>by
Rick Hasen <http://electionlawblog.org/?author=3>
Ryan Haygood NYT Letter to the Editor.
<http://www.nytimes.com/2014/07/18/opinion/Race-and-Voting-Rights.html?_r=0>
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Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>, VRAA
<http://electionlawblog.org/?cat=81>
"Will donors punish GOP outliers on election law?"
<http://electionlawblog.org/?p=63532>
Posted on July 18, 2014 4:01 pm <http://electionlawblog.org/?p=63532>by
Rick Hasen <http://electionlawblog.org/?author=3>
Targeting
<http://watchdog.org/159875/elections-holder-sensenbrenner/>the few
Republican congressional supporters of the Voting Rights Amendments Act.
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Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>, VRAA
<http://electionlawblog.org/?cat=81>
"Chris McDaniel Estimates More Than 10,000 Voting 'Irregularities'"
<http://electionlawblog.org/?p=63530>
Posted on July 18, 2014 3:09 pm <http://electionlawblog.org/?p=63530>by
Rick Hasen <http://electionlawblog.org/?author=3>
More allegations
<http://atr.rollcall.com/chris-mcdaniel-news-mississippi-senate-race-irregularities-2014/>.
Perhaps evidence will appear next week. Perhaps not.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"Must-have accessory for House candidates in 2014: The personalized
super PAC" <http://electionlawblog.org/?p=63528>
Posted on July 18, 2014 1:27 pm <http://electionlawblog.org/?p=63528>by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo reports.
<http://www.washingtonpost.com/politics/one-candidate-super-pac-now-a-must-have-to-count-especially-in-lesser-house-races/2014/07/17/aaa2fcd6-0dcd-11e4-8c9a-923ecc0c7d23_story.html>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
Powerful Larry Noble Response to Bob Bauer on Progressives and
Coordination <http://electionlawblog.org/?p=63526>
Posted on July 18, 2014 1:14 pm <http://electionlawblog.org/?p=63526>by
Rick Hasen <http://electionlawblog.org/?author=3>
Here.
<http://www.clcblog.org/index.php?option=com_content&view=article&id=569:coordination-and-issue-politics-its-still-about-the-money>
(I'll expect Bob's reply in my inbox Monday.)
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Could southern black voters save the Senate for Democrats?"
<http://electionlawblog.org/?p=63524>
Posted on July 18, 2014 12:50 pm <http://electionlawblog.org/?p=63524>by
Rick Hasen <http://electionlawblog.org/?author=3>
Greg Sargent ponders
<http://www.washingtonpost.com/blogs/plum-line/wp/2014/07/18/could-southern-black-voters-save-the-senate-for-democrats/>.
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Posted in campaigns <http://electionlawblog.org/?cat=59>, Voting Rights
Act <http://electionlawblog.org/?cat=15>
Judge Lewis Did Not Focus on 2014 Maps in FL Redistricting Case
Because He Expected Appeal <http://electionlawblog.org/?p=63522>
Posted on July 18, 2014 12:33 pm <http://electionlawblog.org/?p=63522>by
Rick Hasen <http://electionlawblog.org/?author=3>
See here.
<http://www.tallahassee.com/story/news/politics/2014/07/17/legislature-asks-judge-delay-new-map/12821341/>
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Posted in redistricting <http://electionlawblog.org/?cat=6>
"Pondering DOJ's Absence in Utah's Big Corruption Case"
<http://electionlawblog.org/?p=63520>
Posted on July 18, 2014 12:31 pm <http://electionlawblog.org/?p=63520>by
Rick Hasen <http://electionlawblog.org/?author=3>
NLJ reports.
<http://www.nationallawjournal.com/home/id=1202663658973?kw=Pondering%20DOJ%27s%20Absence%20in%20Utah%27s%20Big%20Corruption%20Case&et=editorial&bu=National%20Law%20Journal&cn=20140718&src=EMC-Email&pt=Daily%20Headlines&slreturn=20140618153026>
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
Now Available: 2014 Supplement to Lowenstein, Hasen, & Tokaji:
Election Law Cases and Materials <http://electionlawblog.org/?p=61460>
Posted on July 18, 2014 12:10 pm <http://electionlawblog.org/?p=61460>by
Rick Hasen <http://electionlawblog.org/?author=3>
[UPDATE: The 2014 Supplement is now available for purchase at Amazon
<http://www.amazon.com/Election-Law-Daniel-Hays-Lowenstein-ebook/dp/B00LXCRYUI>.
Professors who adopt the Lowenstein/Hasen/Tokaji casebook for their
course *can receive a complimentary copy of the supplement for
themselves and their students* by emailing their request to crutan (at)
cap-press (dot) com.]
The 2014 Supplement to the 5th edition of /Election Law--Cases and
Materials
<http://www.cap-press.com/books/isbn/9781611631784/Election-Law-Fifth-Edition>/
is up-to-date through the end of the Supreme Court's October 2013 term.
It includes an edited version of of the Supreme Court's new campaign
finance case, /McCutcheon v. FEC/, an edited version of /Shelby County
v. Holder/, and an edited version of the lower court decision in the
Alabama redistricting cases which the Supreme Court will hear in the
October 2014 term.
The supplement also considers developments in Voting Rights Act
litigation after the Supreme Court's /Shelby County/ case as well as
cover litigation over citizenship and other state registration and
voting requirements under the Elections Clause following the Supreme
Court's opinion last term in /Arizona v. Inter Tribal Council. /It also
covers the new /Susan B. Anthony/ false campaign speech case.
You will find information about the Supplement and casebook on the
Election Law casebook page
<http://www.cap-press.com/books/isbn/9781611631784/Election-Law-Fifth-Edition>
at Carolina Academic Press. Here is a description of the Fifth Edition,
which was published in 2012:
The first edition of /Election Law/ was the first modern casebook
on the subject of election law. Now in its fifth edition, the
leading election law casebook covers the right to vote and voter
turnout, legislative districting, the Voting Rights Act, racial
gerrymandering cause of action, ballot propositions, constitutional
rights and obligations of political parties, bribery, regulation of
campaign speech, campaign finance, and election administration.
The streamlined and student-friendly fifth edition of /Election
Law/ fully covers developments in election law in the 2012 election
season including: extensive coverage of /Citizens United/, super
PACs, and other campaign finance developments; emerging issues in
voting rights and redistricting, including coverage of the Texas
redistricting and voter identification cases; and new coverage of
issues in judicial elections. It will continue to include
perspectives from law and political science, and is appropriate in
both law and political science courses. The extensive campaign
finance coverage makes the book appropriate for a campaign finance
seminar as well.
[This post has been updated]
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Posted in pedagogy <http://electionlawblog.org/?cat=23>
Ron Klain Writes to David Gergen on Justice Ginsburg "Performance
Pitfalls" When She Was Up for SCOTUS Nomination
<http://electionlawblog.org/?p=63514>
Posted on July 18, 2014 10:29 am <http://electionlawblog.org/?p=63514>by
Rick Hasen <http://electionlawblog.org/?author=3>
Page 62 of this pdf
<http://www.clintonlibrary.gov/assets/storage/Research%20-%20Digital%20Library/formerlywithheld/batch6/2006-1067-F.pdf>
from the new Clinton library papers. A snippet:
And finally, Judge Ginsburg's technique --- her failure to make eye
contact, her halting speech, her "laconic" nature (to use Jim
Hamilton's phrase) -~ is not helpful....
You should be cautious in dealing with her on these and other
points. Judge Ginsburg views the White House's interest and her
interests as being at odds with each other: she sees us as having a
stake in presenting.her as a moderate and in getting along well with
the Senate; she sees her interests as "being herself, " preserving
her "dignity'," and promoting her "independence."
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>
Read Bill Galston Recommend to Pres. Clinton Withdrawal of Lani
Guinier Nomination Based on Guinier's VRA Views
<http://electionlawblog.org/?p=63512>
Posted on July 18, 2014 10:22 am <http://electionlawblog.org/?p=63512>by
Rick Hasen <http://electionlawblog.org/?author=3>
From a newly released set of documents
<http://www.clintonlibrary.gov/assets/storage/Research%20-%20Digital%20Library/formerlywithheld/batch6/2010-0448-F.pdf>today
from the Clinton library
I have spent much of the past week carefully reading Lani Guinier's
recent law review articles and other pertinent materials. On this
basis, I have reached a difficult conclusion: it is my duty
to.recommend to you that her nomination to serve as Assistant
Attorney General for Civil Rights be withdrawn. Irecognize Prof.
Guinier's academic accomplishments and considerable experience as a
civil rights litigator. But the perspective she would bring to the
Justice Department would ill
serve the interests of our country and your administration.
In particular, Prof. Guinier's understanding of the Voting Rights
Act--which she would have principal responsibility for interpreting
and enforcing--is inconsistent with the intent of Congress and far
outside the mainstream of judicial opinion. An effort to implement
the Act as she understands it would lead to a morass of litigation
and would undermine you longstanding effort to promote
reconciliation across racial and ethnic lines.
You can also read Pres. Clinton's handwritten changes to his
announcement withdrawing her nomination.
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Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>
"Pérez recount prompts frustration, November fears from some
Democrats" <http://electionlawblog.org/?p=63510>
Posted on July 18, 2014 8:44 am <http://electionlawblog.org/?p=63510>by
Rick Hasen <http://electionlawblog.org/?author=3>
SacBee reports.
<http://www.sacbee.com/2014/07/17/6564856/perez-recount-prompts-frustration.html#mi_rss=Latest%20News>
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Posted in election administration <http://electionlawblog.org/?cat=18>,
recounts <http://electionlawblog.org/?cat=50>
"Black Southern Voters, Poised to Play a Historic Role"
<http://electionlawblog.org/?p=63508>
Posted on July 18, 2014 8:43 am <http://electionlawblog.org/?p=63508>by
Rick Hasen <http://electionlawblog.org/?author=3>
This item
<http://www.nytimes.com/2014/07/19/upshot/black-southern-voters-poised-to-play-a-historic-role.html?rref=upshot&smid=tw-upshotnyt&_r=0>
appears at NYT's The UpShot.
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Posted in campaigns <http://electionlawblog.org/?cat=59>
"More on the Mann-Corrado Brookings Paper: the Resistance to
Campaign Finance Change as a Response to Polarization"
<http://electionlawblog.org/?p=63506>
Posted on July 18, 2014 8:42 am <http://electionlawblog.org/?p=63506>by
Rick Hasen <http://electionlawblog.org/?author=3>
More Bauer.
<http://www.moresoftmoneyhardlaw.com/2014/07/mann-corrado-brookings-paper-resistance-campaign-finance-change-response-polarization/>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
political parties <http://electionlawblog.org/?cat=25>, political
polarization <http://electionlawblog.org/?cat=68>
"Getting Back Together: New Nominees Raise Hope for a Revived EAC"
<http://electionlawblog.org/?p=63504>
Posted on July 18, 2014 8:39 am <http://electionlawblog.org/?p=63504>by
Rick Hasen <http://electionlawblog.org/?author=3>
A ChapinBlog
<http://blog.lib.umn.edu/cspg/electionacademy/2014/07/getting_back_together_new_nomi.php>.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
Election Assistance Commission <http://electionlawblog.org/?cat=34>
"Some candidates' super PACs are a family affair"
<http://electionlawblog.org/?p=63502>
Posted on July 18, 2014 8:38 am <http://electionlawblog.org/?p=63502>by
Rick Hasen <http://electionlawblog.org/?author=3>
USA Today
<http://www.usatoday.com/story/news/nation/2014/07/18/relatives-fund-candidate-super-pacs-rothblatt/12824361/>:
"Every dollar the super PAC has collected --- $225,000 --- has come from
his parent, Martine Rothblatt, the CEO of a Maryland-based biotech company."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Tea party can pursue claims against IRS"
<http://electionlawblog.org/?p=63500>
Posted on July 18, 2014 8:37 am <http://electionlawblog.org/?p=63500>by
Rick Hasen <http://electionlawblog.org/?author=3>
Cincinnati Enquirer
<http://www.cincinnati.com/story/news/politics/2014/07/17/tea-party-can-pursue-claims-irs/12792429/>:
"Tea party groups won the right Thursday to pursue their claims against
IRS employees in Cincinnati for improperly holding up their applications
for tax-exempt status. U.S. District Judge Susan Dlott threw out some of
the claims but allowed several others to go forward. Justice Department
lawyers had asked her to reject all of the claims and dismiss the case."
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Posted in tax law and election law <http://electionlawblog.org/?cat=22>
--
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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