[EL] ELB News and Commentary 7/21/14
Rick Hasen
rhasen at law.uci.edu
Mon Jul 21 05:58:25 PDT 2014
"Six questions about the IRS's missing emails, from IT experts"
<http://electionlawblog.org/?p=63567>
Posted on July 21, 2014 5:52 am <http://electionlawblog.org/?p=63567>by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo reports
<http://www.washingtonpost.com/blogs/federal-eye/wp/2014/07/21/six-questions-from-it-experts-about-the-missing-irs-emails/>.
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Posted in tax law and election law <http://electionlawblog.org/?cat=22>
"Want to reduce polarization? Give parties more money."
<http://electionlawblog.org/?p=63565>
Posted on July 21, 2014 5:50 am <http://electionlawblog.org/?p=63565>by
Rick Hasen <http://electionlawblog.org/?author=3>
John Sides responds
<http://www.washingtonpost.com/blogs/monkey-cage/wp/2014/07/21/want-to-reduce-polarization-give-parties-more-money/>
to Mann and Corrado.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Snap(shot) Decision: Wisconsin Considers Lifting Camera Ban at
Polls" <http://electionlawblog.org/?p=63563>
Posted on July 21, 2014 5:44 am <http://electionlawblog.org/?p=63563>by
Rick Hasen <http://electionlawblog.org/?author=3>
A ChapinBlog
<http://blog.lib.umn.edu/cspg/electionacademy/2014/07/snapshot_decision_wisconsin_co.php>.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>
"Leadership war stymies Senate mission"
<http://electionlawblog.org/?p=63561>
Posted on July 20, 2014 8:07 pm <http://electionlawblog.org/?p=63561>by
Rick Hasen <http://electionlawblog.org/?author=3>
Paul Kane
<http://www.washingtonpost.com/politics/leadership-war-stymies-senate-mission/2014/07/20/432d763c-07b8-11e4-a0dd-f2b22a257353_story.html>
for WaPo:
The Senate went three months this spring without voting on a single
legislative amendment, the nitty-gritty kind of work usually at the
heart of congressional lawmaking. So few bills have been approved
this year, and so little else has gotten done, that many senators
say they are spending most of their time on insignificant and
unrewarding work.
The big issues have been sidelined by political and procedural
battles and an intensely personal war between the leadership offices.
Senators say that they increasingly feel like pawns caught between
Majority Leader Harry M. Reid (D-Nev.) and Minority Leader Mitch
McConnell (R-Ky.), whose deep personal and political antagonisms
have almost immobilized the Senate.
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27>, political parties
<http://electionlawblog.org/?cat=25>, political polarization
<http://electionlawblog.org/?cat=68>
"Black voter turnout exceed white voter turnout, even in states with
strict ID laws, pundit claims" <http://electionlawblog.org/?p=63559>
Posted on July 20, 2014 8:03 pm <http://electionlawblog.org/?p=63559>by
Rick Hasen <http://electionlawblog.org/?author=3>
PunditFact
<http://www.politifact.com/punditfact/statements/2014/jul/17/jason-riley/black-voter-turnout-exceed-white-voter-turnout-eve/>says
"true:"
Riley said "black voter turnout in 2012 exceeded the rate of white
voter turnout, even in the states with the strictest voter ID laws,"
despite the Democrats claiming the voter ID laws suppress the black
vote.
While there is debate about the reasons why --- and if the
phenomenon will last --- Riley's statistic checks out. Census data
shows that indeed, for the first time ever, black voter turnout was
higher nationally than white voter turnout, and at least just as
high in the states with strict voter ID laws.
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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>
"Senate primary needs to end so healing can begin"
<http://electionlawblog.org/?p=63556>
Posted on July 20, 2014 4:52 pm <http://electionlawblog.org/?p=63556>by
Rick Hasen <http://electionlawblog.org/?author=3>
Sam Hall on #MSSEN:
<http://www.clarionledger.com/story/opinion/columnists/2014/07/19/hall-column-senate-primary-healing/12892357/>
If the campaign has enough evidence to file a challenge, then they
should file a challenge. A more likely observation: if the campaign
had enough evidence to file a challenge, they would have filed a
challenge already. McDaniel's most ardent supporters --- those who
have passion plenty but are lacking in intimate knowledge of the
campaign's inner-workings --- assail myself and others with the
conviction that McDaniel is strategically holding back until all
facts are gathered and the best possible case can be made. However,
such conviction is naive and not politically strategic at all.
If the campaign had evidence of voter fraud that could overturn the
election, they would immediately file a challenge for a number of
reasons. For one, a court would be more likely to grant them
unfettered access and issue injunctions halting the general election
process if credible evidence of voter fraud was presented. For
another, if McDaniel's efforts are truly about challenging the
legitimacy of Cochran's nomination, then time becomes an invaluable
commodity because McDaniel would face a general election if he was
successful.
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Posted in campaigns <http://electionlawblog.org/?cat=59>, fraudulent
fraud squad <http://electionlawblog.org/?cat=8>
Will Sheldon Adelson Spend $100 Million to Turn Senate Republican?
<http://electionlawblog.org/?p=63554>
Posted on July 20, 2014 4:51 pm <http://electionlawblog.org/?p=63554>by
Rick Hasen <http://electionlawblog.org/?author=3>
CNN discusses the rumor.
<http://politicalticker.blogs.cnn.com/2014/07/20/the-inside-politics-forecast-adelsons-100-million-dollar-bet/>That's
about as much as Adelson and his wife spent in 2012.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
campaigns <http://electionlawblog.org/?cat=59>
"The Conversation: Dissecting a 'no party preference' campaign in
California" <http://electionlawblog.org/?p=63552>
Posted on July 20, 2014 4:46 pm <http://electionlawblog.org/?p=63552>by
Rick Hasen <http://electionlawblog.org/?author=3>
SacBee
<http://www.sacbee.com/2014/07/20/6561847/dissecting-a-no-party-preference.html>:
"Two seasoned California campaign strategists, one a Republican and one
a Democrat, who advised a "no party prefence" candidate running for
secretary of state, discuss the campaign."
*Sragow:* Dan didn't make it into the general election for three
fundamental reasons, two of them structural and one of them systemic.
First, as political insiders are now realizing, our new top-two
primary has at least one unintended consequence: The outcome depends
heavily on how many viable candidates are competing for Democratic
votes and Republican votes. To Dan's disadvantage, ultimately there
was only one viable Democrat and one viable Republican, so the major
party votes weren't divided into small pieces.
Second, the voters who are more likely to vote for an independent
are less likely to vote in a June primary, and turnout this spring
was brutally low.
Third, and this is something familiar to California political
consultants, at the beginning of a campaign most voters know
nothing, or close to it, about the candidates. So, a campaign needs
money to buy sufficient advertising, and, failing that, a campaign
needs to use shorthand to provide voters with clues. That's where
party affiliation and ballot title become important.
*Stutzman:* I, of course, agree with all of that assessment. My
summation is that a good "no party preference" candidate like Dan is
greatly aided by a June turnout that is about twice what occurred
this year. Our poll didn't take into account turnout as low as it
was. Until voters participate in primaries in greater numbers, I'm
skeptical of the path for an independent.
One other observation is that while Dan has been quoted regularly in
the media for about 25 years, that really didn't create a name ID
for him. I also don't think that the excellent news coverage Dan
received when he entered the race had any residual aid for his
candidacy. This is bad news, most of all, for newspapers.
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Posted in alternative voting systems
<http://electionlawblog.org/?cat=63>, ballot access
<http://electionlawblog.org/?cat=46>, political parties
<http://electionlawblog.org/?cat=25>, primaries
<http://electionlawblog.org/?cat=32>
"California recounts are rare, and should be fair"
<http://electionlawblog.org/?p=63550>
Posted on July 20, 2014 4:41 pm <http://electionlawblog.org/?p=63550>by
Rick Hasen <http://electionlawblog.org/?author=3>
Jessica Levinson SacBee oped
<http://www.sacbee.com/2014/07/20/6564890/jessica-a-levinson-time-to-reform.html>.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
recounts <http://electionlawblog.org/?cat=50>
"The clear sin of contracting voter participation"
<http://electionlawblog.org/?p=63548>
Posted on July 20, 2014 4:39 pm <http://electionlawblog.org/?p=63548>by
Rick Hasen <http://electionlawblog.org/?author=3>
Gene Nichol has written this oped
<http://www.newsobserver.com/2014/07/19/4014774/nichol-the-clear-sin-of-contracting.html>.
And if you are wondering why his bio says that he doesn't speak for UNC,
read this by Matea Gold.
<http://www.washingtonpost.com/politics/in-nc-conservative-donor-art-pope-sits-at-heart-of-government-he-helped-transform/2014/07/19/eece18ec-0d22-11e4-b8e5-d0de80767fc2_story.html>
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>
"If they're dead, then who voted? Identities of opera singer, World
War II veteran, used for balloting"
<http://electionlawblog.org/?p=63546>
Posted on July 20, 2014 4:35 pm <http://electionlawblog.org/?p=63546>by
Rick Hasen <http://electionlawblog.org/?author=3>
UT San Diego
<http://www.utsandiego.com/news/2014/Jul/19/dead-voters-san-diego-county/?#article-copy>:
"The review found that 26 ballots have been cast in the names of 10 dead
San Diego County citizens since 1998. Mail-in ballots were the most
common way to vote in the name of a deceased person, accounting for 21
of the votes in question --- and all the votes cast for DeGregory and
Welty....Twenty-six votes cast on behalf of dead people is a minuscule
tally in light of millions of votes cast, but long-running patterns such
as the Welty and DeGregory records indicate problems identifying chronic
posthumous votes. Vu said the registrar is reviewing the U-T's findings
and will hand information about Welty and DeGregory over to the
authorities for further review."
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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>
"Rumors of Bipartisanship's Death are Greatly Exaggerated"
<http://electionlawblog.org/?p=63544>
Posted on July 20, 2014 4:30 pm <http://electionlawblog.org/?p=63544>by
Rick Hasen <http://electionlawblog.org/?author=3>
Ciara Torres-Spelliscy blogs
<http://www.brennancenter.org/blog/rumors-bipartisanships-death-greatly-exaggerated>.
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Posted in political parties <http://electionlawblog.org/?cat=25>,
political polarization <http://electionlawblog.org/?cat=68>
"In N.C., conservative donor Art Pope sits at heart of government he
helped transform" <http://electionlawblog.org/?p=63542>
Posted on July 19, 2014 9:54 pm <http://electionlawblog.org/?p=63542>by
Rick Hasen <http://electionlawblog.org/?author=3>
Must-read
<http://www.washingtonpost.com/politics/in-nc-conservative-donor-art-pope-sits-at-heart-of-government-he-helped-transform/2014/07/19/eece18ec-0d22-11e4-b8e5-d0de80767fc2_story.html>
Matea Gold deep dive.
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Posted in campaigns <http://electionlawblog.org/?cat=59>
Sad News: Tragic Untimely Death of Professor Dan Markel
<http://electionlawblog.org/?p=63540>
Posted on July 19, 2014 9:38 pm <http://electionlawblog.org/?p=63540>by
Rick Hasen <http://electionlawblog.org/?author=3>
He was a scholar, a mensch, a law blogging pioneer, and an inspiration
to many young professors who guest blogged over at Prawfsblawg and whom
he mentored.
Any death of any person in the prime of life is tragic, but these
circumstances
<http://www.tallahassee.com/story/news/local/2014/07/19/fsu-law-professor-dies-shooting/12891513/>
especially so.
Condolences to his family and his many friends.
Memorial notice and remembrances at Prawfsblawg
<http://prawfsblawg.blogs.com/prawfsblawg/2014/07/we-have-lost-our-beloved-friend-dan-markel.html>.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
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>
--
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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