[EL] more news 7/31/14
Rick Hasen
rhasen at law.uci.edu
Thu Jul 31 11:25:01 PDT 2014
If anyone responds to Brad, please use this (or another substantive)
heading.
Thanks.
On 7/31/14, 11:15 AM, Smith, Brad wrote:
> As many on this list know, I'm not a big drum beater for claims of
> voter fraud, whether of today's GOP claims or the "black box"
> conspiracy theories rampant in some liberal circles a decade and more
> ago, and I agree with at least some, if not many, of the criticisms of
> voter ID laws, although I do think most of those passed are
> constitutional (if not necessarily wise policy).
>
> With that caveat, I do think that
> 1) it's not at all clear that a voter ID law would not have prevented
> the fraud cited by the Court. What is almost certainly the most common
> form of ID voters would present in Wisconsin, a driver's license,
> includes address information. Some of the other documents that satisfy
> the law do as well. This would not absolutely "stop" the type of fraud
> (multiple voting in more than one location, voting where did not live,
> providing false information) that Monroe engaged in, but it could
> certainly make it more likely to be caught - raising suspicions of
> poll officials, for example, when the address didn't match the claimed
> residence, or requiring a casual fraudster such as Monroe to use more
> effort to obtain other documents he might not have, that may
> discourage him from pursuing the fraud).
>
> 2) "...all of them were caught /without /a voter id requirement"
> (emphasis in original). If I am correct that a voter ID requirement
> would make it easier to catch some fraud, however, that's not terribly
> relevant.
>
> 3) presumably the Court, in evaluating the constitutionality of the
> law, shouldn't be overly concerned with which side benefits most from
> fraud.
>
> Whether the amount of fraud that might be prevented is worth it, and
> what standard of review judges should use in making that evaluation,
> are other questions.
>
> /Bradley A. Smith/
>
> /Josiah H. Blackmore II/Shirley M. Nault/
>
> / Professor of Law/
>
> /Capital University Law School/
>
> /303 E. Broad St./
>
> /Columbus, OH 43215/
>
> /614.236.6317/
>
> /http://law.capital.edu/faculty/bios/bsmith.aspx/
>
> ------------------------------------------------------------------------
> *From:* law-election-bounces at department-lists.uci.edu
> [law-election-bounces at department-lists.uci.edu] on behalf of Rick
> Hasen [rhasen at law.uci.edu]
> *Sent:* Thursday, July 31, 2014 12:41 PM
> *To:* law-election at UCI.edu
> *Subject:* [EL] more news 7/31/14
>
>
> Irony Dept: Only Evidence of Voter Fraud Cited by WI Supreme Court
> Involves Scott Walker Supporter Committing Fraud ID Law Would Not
> Prevent <http://electionlawblog.org/?p=63868>
>
> Posted on July 31, 2014 9:37 am
> <http://electionlawblog.org/?p=63868>by Rick Hasen
> <http://electionlawblog.org/?author=3>
>
> In both of today’s Wisconsin Supreme Court voter id cases (the NAACP
> case
> <http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=118667>
> and the LWV case
> <http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=118665>),
> the court majority includes an identical footnote to rebut the
> argument that there’s no good evidence of in person, impersonation
> voter fraud to support the state’s voter id requirement. (Justice
> Crooks’ dissent in the NAACP case describes the lack of good evidence
> of impersonation voter fraud, and the testimony of Professor Kenneth
> Mayer in some detail). Here is the footnote, in full:
>
> A recent filing in Milwaukee County demonstrates that voter fraud
> is a concern. See State v. Monroe, 2014CF2625 (June 20, 2014),
> wherein the Milwaukee County District Attorney’s office filed a
> criminal complaint against Robert Monroe that alleged 13 counts of
> voter fraud, including multiple voting in elections and providing
> false information to election officials in order to vote.
>
> My irony meter started blinking uncontrollably when I read this. The
> Monroe allegations were recently described by TPM in Scott Walker
> Supporter Charged With Major Voter Fraud Claims Amnesia:
>
> A supporter of Wisconsin Gov. Scott Walker (R) has been charged
> with over a dozen counts of election fraud — though he reportedly
> claims a form of temporary amnesia has left him unable to recall
> his actions.
>
> In an indictment filed in Milwaukee County court on Friday, Robert
> Monroe, 50, of Shorewood, Wis., was charged with 13 felony counts
> of election fraud, each of which could carry up to three and a
> half years in prison, or a $10,000 fine, upon conviction. Monroe
> is accused of registering to vote in more than one place, voting
> where he didn’t live, voting more than once in the same election,
> and providing false information to election officials.
>
> The indictment said that Monroe, a health insurance executive,
> “became especially focused upon political issues and causes” in
> 2011 and 2012, and was particularly invested in the recall
> elections that followed the state’s fight over public employees’
> collective bargaining rights. Monroe allegedly cast at least two
> ballots in three elections (an April 2011 Supreme Court election,
> an August 2011 state Senate recall election, and the 2012
> presidential election) and cast five ballots in the state’s June
> 2012 gubernatorial recall.
>
> From TPM’s description of the indictment, it does not appear that ANY
> of the alleged 13 counts of voter fraud that Mr. Monroe was charged
> with would have been stopped by a voter id requirement. And note that
> all of them were caught /without/ a voter id requirement. And note
> that despite the fact that the most rabid conservatives calling for
> voter id claim (as Roger Clegg did at a recent event I did with him at
> the University of Chicago’s Institute of Politics) that when voter
> fraud occurs it is usually done to help Democrats, this /only/ case
> cited by the Wisconsin Supreme Court majority involves a rabid
> conservative supporter of Scott Walker.
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63868&title=Irony%20Dept%3A%20Only%20Evidence%20of%20Voter%20Fraud%20Cited%20by%20WI%20Supreme%20Court%20Involves%20Scott%20Walker%20Supporter%20Committing%20Fraud%20ID%20Law%20Would%20Not%20Prevent&description=>
> Posted in election administration
> <http://electionlawblog.org/?cat=18>, fraudulent fraud squad
> <http://electionlawblog.org/?cat=8>, The Voting Wars
> <http://electionlawblog.org/?cat=60>, voter id
> <http://electionlawblog.org/?cat=9>
>
>
> WI Supreme Court Rewrites State Voter ID Law to Prevent It from
> Being an Unconstitutional Poll Tax
> <http://electionlawblog.org/?p=63866>
>
> Posted on July 31, 2014 9:29 am
> <http://electionlawblog.org/?p=63866>by Rick Hasen
> <http://electionlawblog.org/?author=3>
>
> In today’s 4-3 Wisconsin Supreme Court voter id case (the NAACP case
> <http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=118667>,
> not the LWV case
> <http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=118665>),
> the Wisconsin Supreme Court splits along party lines in upholding the
> voter id law against a challenge that it violates the state
> constitution. Nonetheless the Court rewrites the law to avoid a
> constitutional problem it identifies. Roughly speaking, although WI
> law lets you get a free state id if you don’t have one for voting, the
> costs of obtaining the birth certificate or other proof needed to get
> the id is not free. The majority then imposes a requirement that the
> DMV consider giving the birth certificate for free for this purpose
> using its discretion. From paragraph 70:
>
> Stated otherwise, to invoke an administrator’s discretion in the
> issuance of a DOT photo identification card to vote, an elector:
> (1) makes a written petition to a DMV administrator as directed by
> Wis. Admin. Code § Trans 102.15(3)(b) set forth above; (2) asserts
> he or she is “unable” to provide documents required by § Trans
> 102.15(3)(a) without paying a fee to a government agency to obtain
> them; (3) asserts those documents are “unavailable” without the
> payment of such a fee; and (4) asks for an exception to the
> provision of § Trans 102.15(3)(a) documents whereby proof of name
> and date of birth that have been provided are accepted. § Trans
> 102.15(3)(b) and (c). Upon receipt of a petition for an
> exception, the administrator, or his or her designee, shall
> exercise his or her discretion in a constitutionally sufficient
> manner.
>
> Dissenting Justice Crooks remarks on this procedure:
>
> If the majority opinion leaves in place the discretion of DMV
> administrators to issue exceptions to those burdened by the cost
> of obtaining underlying documentation, it fails to guarantee
> constitutional protections against poll taxes. On the other hand,
> if the majority opinion requires DMV administrators to issue photo
> identification cards to individuals who are burdened by the cost
> of obtaining required underlying documentation, then it is
> directing a nonparty to take specific action, which it has no
> authority to do. In sum, the remedy imposed by the majority, under
> either
> approach, is flawed.
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63866&title=WI%20Supreme%20Court%20Rewrites%20State%20Voter%20ID%20Law%20to%20Prevent%20It%20from%20Being%20an%20Unconstitutional%20Poll%20Tax&description=>
> Posted in election administration
> <http://electionlawblog.org/?cat=18>, The Voting Wars
> <http://electionlawblog.org/?cat=60>, voter id
> <http://electionlawblog.org/?cat=9>
>
>
> “Hundreds of big donors, including Obama bundlers, are ‘Ready for
> Hillary’” <http://electionlawblog.org/?p=63864>
>
> Posted on July 31, 2014 9:21 am
> <http://electionlawblog.org/?p=63864>by Rick Hasen
> <http://electionlawblog.org/?author=3>
>
> WaPo reports.
> <http://www.washingtonpost.com/politics/hundreds-of-big-donors-including-obama-bundlers-are-ready-for-hillary/2014/07/31/e9dfbdf2-181e-11e4-9349-84d4a85be981_story.html>
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63864&title=%E2%80%9CHundreds%20of%20big%20donors%2C%20including%20Obama%20bundlers%2C%20are%20%E2%80%98Ready%20for%20Hillary%E2%80%99%E2%80%9D&description=>
> Posted in campaign finance <http://electionlawblog.org/?cat=10>
>
>
> Paul Gronke’s Reflections on Being Election Observer in Ukraine
> <http://electionlawblog.org/?p=63862>
>
> Posted on July 31, 2014 8:41 am
> <http://electionlawblog.org/?p=63862>by Rick Hasen
> <http://electionlawblog.org/?author=3>
>
> Top this week’s Electionline Weekly
> <http://www.electionline.org/index.php/electionline-weekly>.
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63862&title=Paul%20Gronke%E2%80%99s%20Reflections%20on%20Being%20Election%20Observer%20in%20Ukraine&description=>
> Posted in election administration <http://electionlawblog.org/?cat=18>
>
>
> “Eric Holder Takes Voting Rights Battle to Ohio, Wisconsin”
> <http://electionlawblog.org/?p=63860>
>
> Posted on July 31, 2014 8:38 am
> <http://electionlawblog.org/?p=63860>by Rick Hasen
> <http://electionlawblog.org/?author=3>
>
> WSJ reports.
> <http://online.wsj.com/articles/eric-holder-takes-voting-rights-battle-to-ohio-wisconsin-1406752699>
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63860&title=%E2%80%9CEric%20Holder%20Takes%20Voting%20Rights%20Battle%20to%20Ohio%2C%20Wisconsin%E2%80%9D&description=>
> Posted in Department of Justice <http://electionlawblog.org/?cat=26>,
> election administration <http://electionlawblog.org/?cat=18>, The
> Voting Wars <http://electionlawblog.org/?cat=60>, Voting Rights Act
> <http://electionlawblog.org/?cat=15>
>
>
> “125,000 receive erroneous notification regarding voting status”
> <http://electionlawblog.org/?p=63858>
>
> Posted on July 31, 2014 8:37 am
> <http://electionlawblog.org/?p=63858>by Rick Hasen
> <http://electionlawblog.org/?author=3>
>
> Times Dispatch
> <http://www.timesdispatch.com/news/state-regional/virginia-politics/receive-erroneous-notification-regarding-voting-status/article_6a908c80-1822-11e4-be1e-001a4bcf6878.html>:
> “The Virginia Department of Elections has erroneously mailed
> notifications to about 125,000 registered Virginia voters raising
> uncertainty regarding their voting status.”
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63858&title=%E2%80%9C125%2C000%20receive%20erroneous%20notification%20regarding%20voting%20status%E2%80%9D&description=>
> Posted in election administration <http://electionlawblog.org/?cat=18>
>
>
> “Minneapolis Registration Controversy Leads to Wider Scrutiny of
> Private Mail Centers” <http://electionlawblog.org/?p=63856>
>
> Posted on July 31, 2014 8:34 am
> <http://electionlawblog.org/?p=63856>by Rick Hasen
> <http://electionlawblog.org/?author=3>
>
> A ChapinBlog.
> <http://blog.lib.umn.edu/cspg/electionacademy/2014/07/minneapolis_registration_contr.php>
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63856&title=%E2%80%9CMinneapolis%20Registration%20Controversy%20Leads%20to%20Wider%20Scrutiny%20of%20Private%20Mail%20Centers%E2%80%9D&description=>
> Posted in absentee ballots <http://electionlawblog.org/?cat=53>,
> election administration <http://electionlawblog.org/?cat=18>
>
>
> “Corporations Have Found Yet Another (Secret) Way To Help Get
> Politicians Elected” <http://electionlawblog.org/?p=63854>
>
> Posted on July 31, 2014 8:32 am
> <http://electionlawblog.org/?p=63854>by Rick Hasen
> <http://electionlawblog.org/?author=3>
>
> Paul Blumenthal
> <http://www.huffingtonpost.com/2014/07/31/super-pacs-corporations_n_5635382.html>:
>
> On June 14, 2012, someone created a corporation in Ohio called
> American Dream Fund LLC
> <http://www2.sos.state.oh.us/reports/rwservlet?imgc&Din=201217001210>.
> Six months later, this corporation made a $250,000 contribution to
> a super PAC called Advancing Freedom Action Network
> <http://about.me/advancingfreedom>, which supports the re-election
> of Ohio Secretary of State Jon Husted (R).
>
> The actual person behind American Dream Fund LLC remains unknown.
> The limited liability corporation was created by an incorporation
> firm called CT Corporation System. The LLC’s listed agents are
> simply hired incorporators working for CT Corporation System.
>
> The contribution itself was even made harder to detect. Advancing
> Freedom Action Network, which was registered with the Federal
> Election Commission in August 2012 by Husted ally Kevin DeWine,
> failed to file reports electronically, as required by law. The
> American Dream Fund contribution appeared only on a paper report
> <http://docquery.fec.gov/pdf/341/13031021341/13031021341.pdf>,
> where it was apparently missed by the FEC staff and automated
> software. It is not noted on the FEC’s webpage for the super PAC
> or in other campaign contribution databases across the Internet.
>
> DeWine did not respond to a request for comment.
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63854&title=%E2%80%9CCorporations%20Have%20Found%20Yet%20Another%20%28Secret%29%20Way%20To%20Help%20Get%20Politicians%20Elected%E2%80%9D&description=>
> Posted in campaign finance <http://electionlawblog.org/?cat=10>,
> election administration <http://electionlawblog.org/?cat=18>
>
>
> “Politicians: The Good , The Bad, and The Corrupt–and their
> Different ‘Constituencies’” <http://electionlawblog.org/?p=63852>
>
> Posted on July 31, 2014 8:30 am
> <http://electionlawblog.org/?p=63852>by Rick Hasen
> <http://electionlawblog.org/?author=3>
>
> Bauer blogs.
> <http://www.moresoftmoneyhardlaw.com/2014/07/politicians-good-bad-corrupt-different-constituencies/>
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63852&title=%E2%80%9CPoliticians%3A%20The%20Good%20%2C%20The%20Bad%2C%20and%20The%20Corrupt%E2%80%93and%20their%20Different%20%E2%80%98Constituencies%E2%80%99%E2%80%9D&description=>
> Posted in campaign finance <http://electionlawblog.org/?cat=10>
>
>
> “Groups Seek Summary Judgment Against FEC for Dismissal of
> Crossroads GPS Complaint” <http://electionlawblog.org/?p=63850>
>
> Posted on July 31, 2014 8:25 am
> <http://electionlawblog.org/?p=63850>by Rick Hasen
> <http://electionlawblog.org/?author=3>
>
> See here
> <http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=2555:fec-general-counsels-findings-a-recommendations-to-investigate-ignored&catid=63:legal-center-press-releases&Itemid=61>.
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63850&title=%E2%80%9CGroups%20Seek%20Summary%20Judgment%20Against%20FEC%20for%20Dismissal%20of%20Crossroads%20GPS%20Complaint%E2%80%9D&description=>
> 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
--
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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