[EL] ELB News and Commentary 6/2/14

Rick Hasen rhasen at law.uci.edu
Sun Jun 1 22:40:58 PDT 2014


    "Misleading mailer: Sheila Kuehl makes too much of L.A. Times
    editorial" <http://electionlawblog.org/?p=61939>

Posted on June 1, 2014 10:39 pm <http://electionlawblog.org/?p=61939>by 
Rick Hasen <http://electionlawblog.org/?author=3>

The line between a false and misleading campaign mailer is thin indeed 
<http://www.latimes.com/opinion/opinion-la/la-ol-misleading-mailers-duran-or-kuehl-20140530-story.html>.

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Posted in campaigns <http://electionlawblog.org/?cat=59>


    "Democrats' Anti-Koch Attacks Have a Familiar Ring"
    <http://electionlawblog.org/?p=61937>

Posted on June 1, 2014 10:34 pm <http://electionlawblog.org/?p=61937>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Eliza questions 
<http://blogs.rollcall.com/beltway-insiders/anti-koch-attacks-have-a-familiar-ring/?dcz=> 
whether the Democrats' anti-Koch push will be politically effective.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>


    "The Democratic Assault on Free Speech"
    <http://electionlawblog.org/?p=61935>

Posted on June 1, 2014 10:30 pm <http://electionlawblog.org/?p=61935>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Ted Cruz has written this oped 
<http://online.wsj.com/articles/ted-cruz-the-democratic-assault-on-the-first-amendment-1401662112> 
in the WSJ about the Democrats' proposed constitutional amendment on 
campaign finance.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme 
Court <http://electionlawblog.org/?cat=29>


    "Letters Disclosure of Corporate Contributions Is Right and Good"
    <http://electionlawblog.org/?p=61931>

Posted on June 1, 2014 10:10 pm <http://electionlawblog.org/?p=61931>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Bruce Freed WSJ letter to the editor. 
<http://m.us.wsj.com/article_email/disclosure-of-corporate-contributions-is-right-and-good-letters-to-the-editor-1401650979-lMyQjAxMTA0MDAwMjEwNDIyWj>

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Posted in campaign finance <http://electionlawblog.org/?cat=10>


    South Carolina Becomes Last State to Abandon Election Day Alcohol
    Ban <http://electionlawblog.org/?p=61929>

Posted on June 1, 2014 10:00 pm <http://electionlawblog.org/?p=61929>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Politico reports. 
<http://www.politico.com/story/2014/05/south-carolina-alcohol-ban-election-day-lifted-bakari-sellers-107261.html?hp=r15>

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Posted in campaigns <http://electionlawblog.org/?cat=59>


    "Tense Negotiations Between Left and Cuomo Mark Wild Convention"
    <http://electionlawblog.org/?p=61927>

Posted on June 1, 2014 7:09 pm <http://electionlawblog.org/?p=61927>by 
Rick Hasen <http://electionlawblog.org/?author=3>

NYT 
<http://www.nytimes.com/2014/06/02/nyregion/tense-negotiations-between-left-and-cuomo-mark-wild-convention.html?_r=0> 
on the near-Cuomo v. Teachout story.

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Posted in Uncategorized <http://electionlawblog.org/?cat=1>


    "Savior Through Severance: A Litigation-Based Response to Shelby
    County v. Holder" <http://electionlawblog.org/?p=61922>

Posted on June 1, 2014 3:23 pm <http://electionlawblog.org/?p=61922>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Cody Gray has postedthis draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2444450> on SSRN 
(forthcoming, /Harvard Civil Rights-Civil Liberties Law Review/). Here 
is the abstract:

    On June 25, 2013, the Supreme Court issued its decision in Shelby
    County v. Holder, ruling that the coverage formula in Section 4(b)
    of the Voting Rights Act is unconstitutional and "can no longer be
    used as a basis for subjecting jurisdictions to preclearance" under
    Section 5. In the four months after Shelby County was decided,
    sixteen states enacted restrictions on voting that Republicans
    believe will root out election fraud but Democrats fear will
    disenfranchise minorities. Spurred to life by these developments,
    advocates for reform are now investigating responses to the Court's
    decision, and scholars have suggested a number of ways that Congress
    might legislate to restore Section 5's protections.

    This article offers a new pathway for responding to Shelby County.
    In particular, I suggest a litigation-strategy aimed at expanding
    the federal observer program and preserving the "bailout" procedure
    through severance of the coverage formula from Sections 8 and
    4(a)(1) of the Voting Rights Act. These provisions incorporate the
    coverage formula, but their invalidation does not follow from the
    reasoning of Shelby County. They impose minimal federalism costs on
    the States, are justified by "current needs," and reasonably
    distinguish between the States based on contemporaneous complaints
    of voting discrimination. Moreover, severing the coverage formula
    from Section 8 would expand the federal observer program nationwide,
    thereby eliminating any concern about denying the states "equal
    sovereignty." And there is good reason to believe that this result
    is exactly what Congress would want, which is the central
    determinant in severability analysis.

    An expanded federal observer program would be helpful in the
    post-Shelby County world in at least five ways: (1) federal observer
    reports would serve as an efficient source of credible evidence in
    litigation to enforce the Voting Rights Act and the Fourteenth and
    Fifteenth Amendments; (2) a nationwide federal observer program
    would, by definition, document the current conditions of
    discrimination throughout the country, which could then be used to
    help fashion a new coverage formula; (3) federal observers would
    help ensure that poll workers correctly administer applicable
    prerequisites to voting; (4) the presence of federal observers would
    deter discriminatory behavior by citizens and election officials;
    (5) a nationwide federal observer program would strengthen the
    legitimacy of our federal election system and increase voter
    confidence in the accuracy of results. In addition to these
    benefits, retaining the federal observer program would preserve
    standing in bailout proceedings. This result is crucial, as the
    bailout mechanism provides covered jurisdictions with an incentive
    to eliminate practices that deny or abridge minority political
    participation and affords them the opportunity to distance
    themselves from the stigma associated with having been subjected to
    the VRA's special remedial provisions.

    The litigation strategy outlined in this article would not fully
    restore the safeguards of Section 5, but it would provide important
    protections to minority voters seeking to exercise their fundamental
    rights at the polls, can plausibly be accomplished in a foreseeable
    time-window, and should serve as an interim strategy designed to
    complement the legislative campaign.

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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting 
Rights Act <http://electionlawblog.org/?cat=15>


    "SPECIAL REPORT: Suarez's legal battle begins Monday"
    <http://electionlawblog.org/?p=61920>

Posted on June 1, 2014 3:04 pm <http://electionlawblog.org/?p=61920>by 
Rick Hasen <http://electionlawblog.org/?author=3>

See this report, 
<http://www.cantonrep.com/article/20140531/NEWS/140539855> with the 
subhead: "Benjamin Suarez, and his company, Suarez Corporation 
Industries, will be in federal court Monday, facing allegations of 
breaking campaign finance laws."

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Posted in campaign finance <http://electionlawblog.org/?cat=10>


    "Reid, McConnell to Testify at Campaign Finance First Amendment
    Hearing" <http://electionlawblog.org/?p=61917>

Posted on June 1, 2014 2:19 pm <http://electionlawblog.org/?p=61917>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Roll Call reports 
<http://blogs.rollcall.com/wgdb/harry-reid-mitch-mcconnell-to-testify-at-campaign-finance-first-amendment-hearing/?dcz=>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme 
Court <http://electionlawblog.org/?cat=29>


    Teachout Fadeout <http://electionlawblog.org/?p=61915>

Posted on May 31, 2014 9:43 pm <http://electionlawblog.org/?p=61915>by 
Rick Hasen <http://electionlawblog.org/?author=3>

NYT: Cuomo Secures Support of Working Families Party. 
<http://www.nytimes.com/2014/06/01/nyregion/cuomo-secures-support-of-working-families-party.html?partner=socialflow&smid=tw-nytmetro>

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Posted in third parties <http://electionlawblog.org/?cat=47>


    "Weed for Votes" <http://electionlawblog.org/?p=61913>

Posted on May 31, 2014 9:39 pm <http://electionlawblog.org/?p=61913>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Bustle 
<http://www.bustle.com/articles/26413-san-jose-gives-out-free-weed-to-voters-with-medical-marijuana-cards-and-no-ones-quite>:

    In an effort to encourage California residents to cast ballots in
    the state primary elections next week, certain pot clubs in San Jose
    will be giving voters free weed
    <http://news.yahoo.com/san-jose-pot-clubs-offer-voters-free-weed-215503568.html>,
    as long as they have a medical marijuana card, and can prove that
    they've voted with a ballot stub or an "I Voted" sticker. The
    effort, "Weed for Votes," has been organized by the Silicon Valley
    Cannabis Coalition, in the hopes of getting some pot-friendly
    politicians elected. Sound dubiously legal? It might be.

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Posted in vote buying <http://electionlawblog.org/?cat=43>


    "Florida may be forced to redraw political districts before
    midterms" <http://electionlawblog.org/?p=61911>

Posted on May 31, 2014 9:36 pm <http://electionlawblog.org/?p=61911>by 
Rick Hasen <http://electionlawblog.org/?author=3>

WaPo reports. 
<http://www.washingtonpost.com/blogs/govbeat/wp/2014/05/30/florida-may-be-forced-to-redraw-political-districts-before-midterms/>

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Posted in redistricting <http://electionlawblog.org/?cat=6>


    "Academic highlight: Congressional overrides of Supreme Court
    decisions" <http://electionlawblog.org/?p=61908>

Posted on May 30, 2014 4:40 pm <http://electionlawblog.org/?p=61908>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Amanda Frost 
<http://www.scotusblog.com/2014/05/academic-highlight-congressional-overrides-of-supreme-court-decisions/#more-212021>writes 
at SCOTUSBlog about Christiansen and Eskridge, Congressional Overrides 
of Supreme Court Statutory Interpretation Decisions, 1967--2011 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2418417> (/Texas Law 
Review/). My earlier coverage is here 
<http://electionlawblog.org/?p=60395>; and I will be writing a response 
with Jim Buatti for the /Texas Law Review/ because the authors take on 
my End of the Dialogue? Political Polarization, the Supreme Court, and 
Congress <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2130190>, 
86 /Southern California Law Review/ 205 (2013).

Here is a snippet from Amanda's analysis;

    Contrary to Hasen, Christiansen and Eskridge found that the 1990s
    were the "golden age" of overrides, in which an "unprecedented
    explosion of statutes reset[] statutory policy in important ways." 
    Their different empirical findings are due to a difference in
    methodology.  Hasen used congressional committee reports to identify
    overrides, which was the same source Eskridge used in his original
    1991 study; Christiansen and Eskridge also relied on these reports,
    but supplemented their data with Westlaw research. Using these
    sources, Christiansen and Eskridge found that the 102nd through the
    105th Congresses (1991-1999) overrode eighty-six Supreme Court
    decisions, averaging more than twenty per Congress, and that many of
    these overrides were on major questions of public policy.  Hasen
    responds that he chose to examine legislation in which Congress
    /consciously/ chose to override the Court, not legislation in which
    Congress /inadvertently /did so, which is why he only discussed
    overrides that were specifically referenced in committee reports.

    In any case, the dispute over the number of overrides in the 1990s
    may not ultimately be that important, since Christiansen and
    Eskridge agree with Hasen that overrides have declined significantly
    since 1998.  Christiansen and Eskridge also agree with Hasen that
    the downturn is likely the result of partisan polarization in
    Congress, though they view it as a short-term phenomenon that is
    unlikely to last for much longer.  They write that "countervailing
    pressures from interest groups, agencies, and the states ought to
    press Congress to update aging superstatutes, with the result being
    a resurgence of overrides" in the future. Thus, their most
    significant disagreement with Hasen is whether the recent decline of
    congressional overrides suggests a permanent shift in the
    relationship between the Court and Congress, or merely a temporary
    disruption of an ongoing dialogue between the branches.

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Posted in legislation and legislatures 
<http://electionlawblog.org/?cat=27>, statutory interpretation 
<http://electionlawblog.org/?cat=21>, Supreme Court 
<http://electionlawblog.org/?cat=29>


    "Rand v. The State of Kentucky; The impending lawsuit at the outset
    of Paul's presidential campaign " <http://electionlawblog.org/?p=61906>

Posted on May 30, 2014 4:17 pm <http://electionlawblog.org/?p=61906>by 
Rick Hasen <http://electionlawblog.org/?author=3>

NRO reports 
<http://www.nationalreview.com/article/379060/rand-v-state-kentucky-eliana-johnson> 
(h/t BAN 
<http://www.ballot-access.org/2014/05/national-review-article-says-rand-paul-will-likely-file-ballot-access-lawsuit-in-2015-if-kentucky-legislature-wont-change-law/>).

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Posted in ballot access <http://electionlawblog.org/?cat=46>


    More Proof That Impersonation Fraud is an Exceedingly Dumb Way to
    Try to Steal an Election <http://electionlawblog.org/?p=61904>

Posted on May 30, 2014 4:09 pm <http://electionlawblog.org/?p=61904>by 
Rick Hasen <http://electionlawblog.org/?author=3>

 From a small school district race: 
<http://www.thedailymail.net/news/article_25d71890-e6f2-11e3-accf-0019bb2963f4.html>

    According to the Village of Catskill Police Department blotter for
    the week of May 27, Benjamen Hodzic, 18, of Catskill, was arrested
    and charged on May 21, the day after the election, with one count of
    second degree forgery, in which the person falsely makes, completes,
    or alters a written instrument which is calculated to become or to
    represent a public record filed, or required by law to be filed, in
    or with a public office or public servant, and which is a class D
    felony.

    Hodzic was also charged with one count of second degree criminal
    impersonation of another person with intent to obtain a benefit, a
    class A misdemeanor.

    He was arraigned in Catskill Village Court and released on his own
    recognizance. He is scheduled to make a future court appearance.

    School officials have largely declined comment, but according to
    public discussio*n, Hodzic allegedly signed in as his brother on the
    registration roll, cast the votes, and was later recognized and
    verified as not being on the registration roll.*

    Catskill Superintendent of Schools Dr. Kathleen Farrell said
    Wednesday the district reported the matter to village police
    immediately.

    Of the election results, Farrell said, "To the best of our knowledge
    there was only one inappropriate voting action."

    "There are no other reported incidents of voter fraud or other
    voting irregularities observed by the district clerk," she said.

MORE <http://electionlawblog.org/?p=61085> on the general point of 
impersonation stupidity.

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Posted in chicanery <http://electionlawblog.org/?cat=12>, The Voting 
Wars <http://electionlawblog.org/?cat=60>


    McCutcheon Meets Citizens United <http://electionlawblog.org/?p=61902>

Posted on May 30, 2014 1:58 pm <http://electionlawblog.org/?p=61902>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Literally <http://lexpolitico.com/?p=535>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>


    "Capitalism v. Democracy: Money in Politics and the Free Market
    Constitution" <http://electionlawblog.org/?p=61900>

Posted on May 30, 2014 1:56 pm <http://electionlawblog.org/?p=61900>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Timothy Kuhner <http://www.sup.org/book.cgi?id=21815> has written this 
new book for Stanford University Press.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme 
Court <http://electionlawblog.org/?cat=29>


    Union Strategically Backs Republican in Silicon Valley House Race
    <http://electionlawblog.org/?p=61898>

Posted on May 30, 2014 1:39 pm <http://electionlawblog.org/?p=61898>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Carla Marinucci 
<http://blog.sfgate.com/nov05election/2014/05/29/strange-bedfellows-in-silicon-valley-house-race-dem-honda-goper-singh-getting-help-from-same-dem-labor-pac/>on 
the interesting tactics.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
campaigns <http://electionlawblog.org/?cat=59>


    "88 Religious Organizations Write Congress in Support of Voting
    Rights Legislation" <http://electionlawblog.org/?p=61896>

Posted on May 30, 2014 10:51 am <http://electionlawblog.org/?p=61896>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Bend the Arc letter. 
<http://jewishaction.us/news/88-religious-organizations-write-congress-support-voting-rights-legislation>

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Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>, VRAA 
<http://electionlawblog.org/?cat=81>


    Michigan Won't Appeal Conyers Ruling
    <http://electionlawblog.org/?p=61894>

Posted on May 30, 2014 10:40 am <http://electionlawblog.org/?p=61894>by 
Rick Hasen <http://electionlawblog.org/?author=3>

So that 
<https://twitter.com/GongwerMichigan/status/472427512870735872>endsthat 
<http://electionlawblog.org/?p=61755>.

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Posted in ballot access <http://electionlawblog.org/?cat=46>


    Gerken on Citizens United and Shadow Parties, with Responses from
    Judge Abrahamson, Prof. Esenberg, and Sen. Feingold
    <http://electionlawblog.org/?p=61891>

Posted on May 30, 2014 8:17 am <http://electionlawblog.org/?p=61891>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Here 
<http://law.marquette.edu/assets/marquette-lawyers/pdf/marquette-lawyer/2014-summer/2014-summer-full.pdf>, 
at Marquette Lawyer (big pdf).

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Posted in campaign finance <http://electionlawblog.org/?cat=10>


    "Democrats, stop fighting voter ID laws"
    <http://electionlawblog.org/?p=61889>

Posted on May 30, 2014 8:01 am <http://electionlawblog.org/?p=61889>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Stephen Lurie 
<http://www.washingtonpost.com/posteverything/wp/2014/05/30/democrats-stop-fighting-voter-id-laws/>writes 
for PostEverything.

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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>


    "Betting on a Brand When Politics Is the Family Business"
    <http://electionlawblog.org/?p=61887>

Posted on May 30, 2014 7:24 am <http://electionlawblog.org/?p=61887>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Fascinating 
<http://www.nytimes.com/2014/05/30/upshot/betting-on-a-brand-when-politics-is-the-family-business.html?ref=us&_r=2>John 
Harwood analysis.

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<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D61887&title=%E2%80%9CBetting%20on%20a%20Brand%20When%20Politics%20Is%20the%20Family%20Business%E2%80%9D&description=>
Posted in campaigns <http://electionlawblog.org/?cat=59>


    "Red, Blue States Find Some Common Ground on Elections Reform"
    <http://electionlawblog.org/?p=61885>

Posted on May 30, 2014 7:17 am <http://electionlawblog.org/?p=61885>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Jake Grovum 
<http://www.pewstates.org/projects/stateline/headlines/red-blue-states-find-some-common-ground-on-elections-reform-85899545927>reports 
for Stateline.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60>


    "Costly Midterms Fuel Hundreds of Joint Fundraising Committees"
    <http://electionlawblog.org/?p=61882>

Posted on May 29, 2014 8:57 pm <http://electionlawblog.org/?p=61882>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Roll Call reports 
<http://blogs.rollcall.com/beltway-insiders/fundraising-campaign-committee-kay-hagan-mitch-mcconnell/?dcz=>.

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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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