[EL] ELB News and Commentary 7/31/14
Rick Hasen
rhasen at law.uci.edu
Wed Jul 30 20:45:28 PDT 2014
Wisconsin Supreme Court Set to Issue Voter ID Ruling, Other Major
Rulings, Thursday Morning--Could Moot Federal Case
<http://electionlawblog.org/?p=63841>
Posted on July 30, 2014 8:36 pm <http://electionlawblog.org/?p=63841>by
Rick Hasen <http://electionlawblog.org/?author=3>
Milwaukee Journal Sentinel
<http://www.jsonline.com/news/statepolitics/act-10-voter-id-same-sex-partner-issues-converge-thursday-b99320335z1-269071231.html>:
Three bolts of legal lightning --- affecting union bargaining,
election law and same-sex couples --- will finally come down
Thursday morning in what promises to be a historic day for the
Wisconsin Supreme Court.
Set for release are long-awaited opinions on whether Gov. Scott
Walker's labor law is constitutional, whether voters can be made to
show photo IDs and whether the state can run a registry for same-sex
partners. On the question of photo ID at the polls, the court is
ruling on two consolidated lawsuits challenging the same law,
meaning essentially four significant legal cases in all being
decided Thursday.
The article says the voter id ruling won't be so significant because a
federal court has already held the law unconstitutional and a violation
of Section 2 of the Voting Rights Act. But that federal court ruling,
Frank v. Walker, is a quite significant ruling on the meaning of the
Voting Rights Act in vote denial cases. A state ruling striking down the
id on state law grounds could moot the appeal in Frank v. Walker,
meaning we will not get our first federal appellate ruling (this from
the 7th Circuit) on the vote denial Section 2 issue. and potentially
even lead to an attempt to vacate the federal court opinion. So
tomorrow's ruling, if it does strike down the law, could have some
national implications.
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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>
Yahoo News Lists Major Donors to "No Labels"
<http://electionlawblog.org/?p=63838>
Posted on July 30, 2014 4:46 pm <http://electionlawblog.org/?p=63838>by
Rick Hasen <http://electionlawblog.org/?author=3>
Much more interesting stuff in this Meredith Shiner report.
<http://news.yahoo.com/no-labels--no-results--no-problem-212252637.html>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
Daily Kos Diarist Criticizes MayDay PAC for Supporting What Diarist
Terms Tea Party Candidate <http://electionlawblog.org/?p=63836>
Posted on July 30, 2014 3:40 pm <http://electionlawblog.org/?p=63836>by
Rick Hasen <http://electionlawblog.org/?author=3>
Here
<http://www.dailykos.com/story/2014/07/29/1317493/-Mayday-PAC-s-first-two-candidate-choices-Does-the-left-hand-know-what-the-right-hand-s-doing>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
campaigns <http://electionlawblog.org/?cat=59>
Three Democratic FEC Commisioners Release Statement on "Dark Money"
in Relation to Commission Deadlock on Americans for Job Security,
AAN <http://electionlawblog.org/?p=63833>
Posted on July 30, 2014 2:56 pm <http://electionlawblog.org/?p=63833>by
Rick Hasen <http://electionlawblog.org/?author=3>
You can read it here <http://go.usa.gov/NcGB>.
UPDATE: Here <http://t.co/9xV3L2U6eJ> is the statement from the
Republican commissioners.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
election commission <http://electionlawblog.org/?cat=24>
"How the Republican Governors Association chose sides in Colorado's
primary" <http://electionlawblog.org/?p=63831>
Posted on July 30, 2014 1:32 pm <http://electionlawblog.org/?p=63831>by
Rick Hasen <http://electionlawblog.org/?author=3>
Reid Wilson
<http://www.washingtonpost.com/blogs/govbeat/wp/2014/07/30/how-the-republican-governors-association-chose-sides-in-colorados-primary/>:
"Though it ostensibly stays neutral in primary elections, the Republican
Governors Association appears to have played favorites in at least one
contest this year, apparently financing outside spending against a
well-known fellow Republican."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
campaigns <http://electionlawblog.org/?cat=59>
"Leaked Docs: How a Secret FreedomWorks Donor Sought a Return on Its
'Investments'" <http://electionlawblog.org/?p=63829>
Posted on July 30, 2014 12:50 pm <http://electionlawblog.org/?p=63829>by
Rick Hasen <http://electionlawblog.org/?author=3>
Andy Kroll reports
<http://www.motherjones.com/politics/2014/07/freedomworks-switzerland-richard-stephenson-matt-kibbe>
for Mother Jones.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
DOJ Files Amicus Brief in Wisconsin Voter ID Case, Statement of
Interest in Ohio Early Voting Case
<http://electionlawblog.org/?p=63827>
Posted on July 30, 2014 12:34 pm <http://electionlawblog.org/?p=63827>by
Rick Hasen <http://electionlawblog.org/?author=3>
DOJ Wisconsin Filing
<http://www.scribd.com/doc/235474087/DOJ-Wisconsin-Filing>
DOJ Ohio Filing <http://www.scribd.com/doc/235474083/DOJ-Ohio-Filing>
Ryan Reilly
<http://www.huffingtonpost.com/2014/07/30/obama-voting-rights-ohio-wisconsin_n_5634804.html?utm_hp_ref=tw>
HuffPo story.
DOJ Press release:
*ATTORNEY GENERAL HOLDER ANNOUNCES JUSTICE DEPARTMENT FILINGS IN
VOTING RIGHTS CASES IN WISCONSIN AND OHIO*
WASHINGTON -- Attorney General Eric Holder announced today that the
Justice Department has submitted filings in voting rights cases in
Wisconsin and Ohio. The department's involvement in these two cases
represents its latest steps to enforce the remaining parts of the
Voting Rights Act against restrictive state laws, following up on
the department's lawsuits last year against similar measures in
Texas and North Carolina.
In the Wisconsin case, the department filed an amicus brief in
/Frank v. Walker/ and /LULAC v. Deininger/, supporting an earlier
ruling by the U.S. District Court for the Eastern District of
Wisconsin that struck down Wisconsin's strict photo voter
identification requirement due to its effects on minority voters
under Section 2 of the Voting Rights Act, and because it unduly
burdens a substantial number of voters in violation of the
Fourteenth Amendment. In the Ohio case, the department filed a
statement of interest in /NAACP v. Husted/, a challenge by a civil
rights group to a state law curtailing early voting and same day
registration. The department's brief contests the state of Ohio's
incorrect interpretation of the standards set forth by Section 2 of
the Voting Rights Act.
"These filings are necessary to confront the pernicious measures in
Wisconsin and Ohio that would impose significant barriers to the
most basic right of our democracy," said Attorney General Eric
Holder. "These two states' voting laws represent the latest,
misguided attempts to fix a system that isn't broken. These
restrictive state laws threaten access to the ballot box. The
Justice Department will never shrink from our responsibility to
protect the voting rights of every eligible American. And we will
keep using every available tool at our disposal to guard against all
forms of discrimination, to prevent voter disenfranchisement, and to
secure the rights of every citizen."
In the amicus brief filed today in the U.S. Court of Appeals for the
Seventh Circuit, the department argues that the district court
reached the correct decision by finding that Wisconsin's voter ID
law, known as Act 23, violated the Fourteenth Amendment, because it
imposes unjustified burdens on a significant number of voters, and
violated Section 2 of the Voting Rights Act, because it has a
discriminatory result on African-American and Hispanic voters. In
addition to finding that Act 23 would result in minority voters
having less opportunity to participate in the political process
relative to other members of the electorate, the court found that
the state's claimed interests in combating voter fraud and promoting
electoral confidence did not justify the significant burdens Act 23
imposes on substantial numbers of voters who lack a qualifying ID.
In the statement of interest filed today in U.S. District Court for
the Southern District of Ohio, the department makes clear that
Section 2 prohibits the state of Ohio from imposing any voting
qualification, prerequisite to voting, or any standard, practice or
procedure that would result in the denial or abridgement of the
right to vote on account of a person's race, color or membership in
a language minority group. The filing also makes clear that in its
own filings in the case the state of Ohio has incorrectly
interpreted its requirements under Section 2. The department did
not take a position on any of the other claims in the case.
"The United States Department of Justice today affirms its clear
position that, under Wisconsin's Act 23, minority voters have less
opportunity to participate in the political process," said James L.
Santelle, United States Attorney for the Eastern District of
Wisconsin. "The amicus brief that we are filing not only supports
the trial court's findings but also reflects the department's
continuing focus on ensuring that the franchise remains fully
available to all qualified voters."
"Wisconsin's proud history is one of expanding the opportunity to
vote," said John W. Vaudreuil, United States Attorney for the
Western District of Wisconsin. "I'm honored to file this brief with
the United States Department of Justice seeking to ensure that this
great Wisconsin tradition is reaffirmed, and that every Wisconsin
citizen has an equal opportunity to participate in democracy."
"This office remains committed to preserving the rights of every
Ohio voter," said Steven M. Dettelbach, United States Attorney for
the Northern District of Ohio. "Making sure that courts continue to
carefully examine voting restrictions, such as the ones recently
imposed in this state, is an important part of that effort."
In the year since the Supreme Court struck down the coverage formula
that determined which jurisdictions were subject to preclearance
under the Voting Rights Act in /Shelby v. Holder/, Section 2 of the
Voting Rights Act remains one of the department's most powerful
tools to protect voting rights. Last year the department used
Section 2 to file two lawsuits against the state of Texas to stop
the newly enacted discriminatory voter ID law and and to obtain a
ruling that the state engaged in intentional discrimination in
adopting its 2011 redistricting plans. In North Carolina, the
department used Section 2 to sue to stop a number of provisions in
an election law that imposes strict voter ID requirements, restricts
early voting, eliminates same-day registration and refuses to count
otherwise valid provisional ballots cast in the wrong precinct. The
suit alleges that the challenged law was motivated by a racially
discriminatory purpose and will result in African-American voters
having less opportunity than other citizens to participate in the
political process. All three cases are ongoing.
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60>, Voting
Rights Act <http://electionlawblog.org/?cat=15>
"Hood calls out 'political blogger' in pay-to-lie scheme"
<http://electionlawblog.org/?p=63825>
Posted on July 30, 2014 12:10 pm <http://electionlawblog.org/?p=63825>by
Rick Hasen <http://electionlawblog.org/?author=3>
Clarion Ledger
<http://www.clarionledger.com/story/dailyledes/2014/07/30/jim-hood-political-blogger/13363041/>:
Attorney General Jim Hood
<http://www.clarionledger.com/search/Jim%20Hood/> said his office is
investigating whether a "political blogger" paid a Meridian man to
lie about a vote-buying scheme.
During his speech at the Neshoba County Fair, Hood called for more
civility and integrity in political races and pointed to the
Republican primary for U.S. Senate as being out of control. He said
a "political blogger" paid a self-described pastor to lie about
being asked to pay people to vote and that things like that do
nothing to help political discourse.
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Posted in chicanery <http://electionlawblog.org/?cat=12>, vote buying
<http://electionlawblog.org/?cat=43>
Irony Dept: Group Exposing Names of Signers of Anti-Gay Petition are
Themselves Staying Anonymous Citing Fears of Harassment
<http://electionlawblog.org/?p=63823>
Posted on July 30, 2014 11:58 am <http://electionlawblog.org/?p=63823>by
Rick Hasen <http://electionlawblog.org/?author=3>
You can't make this stuff up.
Chris Geidner
<http://www.buzzfeed.com/chrisgeidner/mystery-campaign-publishes-names-addresses-of-opponents-of-l>:
In a twist, the people behind the website, HEROpetition.com, are
themselves remaining anonymous. A person responding to an inquiry
made to the email address provided on the website, HEROpetition.com,
told BuzzFeed Tuesday night that they "aren't identifying people
associated with the website to protect our personal safety."
The domain name was registered on July 3 through Domains By Proxy, a
service whose purpose is to mask the identity of a person purchasing
a web domain. The person or people making the petitions available to
all defended their anonymity.
"The personal safety risks to the people who run this site are far
greater than the risk to any one individual among tens of thousand
who signed the petition," the person responding to inquires made at
the website's email address wrote to BuzzFeed. "[S]ome people claim
they will be the victims of harassment because of this site, but
some of them have no problem coming after the folks on this side.
People who have spoken out publicly in favor of HERO are already
facing threats against their jobs."
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Posted in direct democracy <http://electionlawblog.org/?cat=62>
In Personal Email, Lois Lerner Called Conservatives "Assholes"
<http://electionlawblog.org/?p=63821>
Posted on July 30, 2014 10:26 am <http://electionlawblog.org/?p=63821>by
Rick Hasen <http://electionlawblog.org/?author=3>
WSJ
<http://online.wsj.com/articles/gop-says-lerner-email-shows-bias-against-conservatives-1406739923?mod=rss_US_News>:
A newly discovered email
<http://waysandmeans.house.gov/uploadedfiles/lerner_email_a.pdf>
shows that former Internal Revenue Service official Lois Lerner once
referred to conservatives as "---holes," according to new documents
released by House Republicans.
In the November 2012 email exchange, apparently with a friend or
family member, Ms. Lerner also suggests that conservatives could
threaten the nation's future, saying, "So we don't need to worry
about alien teRrorists [sic]. It's our own crazies that will take us
down."
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Posted in tax law and election law <http://electionlawblog.org/?cat=22>
"Motor voter problems mean delays at polls"
<http://electionlawblog.org/?p=63819>
Posted on July 30, 2014 9:41 am <http://electionlawblog.org/?p=63819>by
Rick Hasen <http://electionlawblog.org/?author=3>
USA Today reports
<http://www.usatoday.com/story/news/politics/2014/07/29/motor-voter-states-dmv/12752595/>
(via Doug Chapin
<http://blog.lib.umn.edu/cspg/electionacademy/2014/07/usa_today_motor_voter_problems.php>).
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Posted in election administration <http://electionlawblog.org/?cat=18>,
NVRA (motor voter) <http://electionlawblog.org/?cat=33>
"Dark Money Groups Dominate Independent Spending in House Toss-Up
Races" <http://electionlawblog.org/?p=63817>
Posted on July 30, 2014 9:22 am <http://electionlawblog.org/?p=63817>by
Rick Hasen <http://electionlawblog.org/?author=3>
Brennan Center report
<http://www.brennancenter.org/analysis/election-spending-2014-13-toss-house-districts>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"K Street's elite mini-mega donors have blown beyond" Beyond
Aggregate Limits Struck in McCutcheon
<http://electionlawblog.org/?p=63815>
Posted on July 30, 2014 7:43 am <http://electionlawblog.org/?p=63815>by
Rick Hasen <http://electionlawblog.org/?author=3>
Roll Call reports.
<http://blogs.rollcall.com/beltway-insiders/k-street-files-mini-mega-donors-dominate-downtown-giving/?dcz=>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"High Court again asked to intervene in state judicial elections"
<http://electionlawblog.org/?p=63812>
Posted on July 30, 2014 7:33 am <http://electionlawblog.org/?p=63812>by
Rick Hasen <http://electionlawblog.org/?author=3>
Ron Collins blogs
<http://www.concurringopinions.com/archives/2014/07/fan-25-first-amendment-news-high-court-again-asked-to-intervene-in-state-judicial-elections.html#more-89342>.
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Posted in judicial elections <http://electionlawblog.org/?cat=19>
"Koch-backed seniors group low-balling election spending?"
<http://electionlawblog.org/?p=63810>
Posted on July 30, 2014 7:32 am <http://electionlawblog.org/?p=63810>by
Rick Hasen <http://electionlawblog.org/?author=3>
CPI reports.
<http://www.publicintegrity.org/2014/07/30/15163/koch-backed-seniors-group-low-balling-election-spending>
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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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