[EL] ELB News and Commentary 6/7/14

[Rick Hasen]

    Chris Hayes Talks to Larry Lessig About Super PAC to End Super PACs
    <http://electionlawblog.org/?p=62165>

Posted on June 6, 2014 2:52 pm <http://electionlawblog.org/?p=62165>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Watch 
<http://www.msnbc.com/all-in/watch/the-super-pac-to-end-all-super-pacs-274585155931>.

Share 
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62165&title=Chris%20Hayes%20Talks%20to%20Larry%20Lessig%20About%20Super%20PAC%20to%20End%20Super%20PACs&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10>


    "Vigilante or vindicator? One man's bid to root out voter fraud"
    <http://electionlawblog.org/?p=62163>

Posted on June 6, 2014 2:18 pm <http://electionlawblog.org/?p=62163>by 
Rick Hasen <http://electionlawblog.org/?author=3>

CNN 
<http://www.cnn.com/2014/06/06/politics/north-carolina-voting-fraud/index.html>:

    To Jay DeLancy, North Carolina is fraught with voter fraud and the
    state is doing nothing about it.

    So the former Air Force veteran has taken matters into his own hands
    and vows, as he sees it, to save the system from eroding honest
    elections.

    DeLancy launched the Voter Integrity Project more than three years
    ago, leading a band of volunteers in scouring public records and
    knocking on doors to root out irregularities in voter rolls.

    It's tedious work, and DeLancy has generated mixed results as well
    as a measure of controversy.

Key takeaway: "After three years of work and countless volunteer hours, 
DeLancy has no cases of fraud to show."

Share 
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62163&title=%E2%80%9CVigilante%20or%20vindicator%3F%20One%20man%E2%80%99s%20bid%20to%20root%20out%20voter%20fraud%E2%80%9D&description=>
Posted in fraudulent fraud squad <http://electionlawblog.org/?cat=8>, 
The Voting Wars <http://electionlawblog.org/?cat=60>


    "Reps Say Obamacare Isn't Doing Enough To Encourage Voter
    Registration" <http://electionlawblog.org/?p=62159>

Posted on June 6, 2014 1:23 pm <http://electionlawblog.org/?p=62159>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Ryan Reilly reports 
<http://www.huffingtonpost.com/2014/06/05/obamacare-voter-registration_n_5454755.html?utm_hp_ref=politics> 
for HuffPo.

Share 
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62159&title=%E2%80%9CReps%20Say%20Obamacare%20Isn%E2%80%99t%20Doing%20Enough%20To%20Encourage%20Voter%20Registration%E2%80%9D&description=>
Posted in NVRA (motor voter) <http://electionlawblog.org/?cat=33>, voter 
registration <http://electionlawblog.org/?cat=37>


    "Senate Democrats Begin Efforts to Amend Constitution"
    <http://electionlawblog.org/?p=62156>

Posted on June 6, 2014 1:04 pm <http://electionlawblog.org/?p=62156>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Roll Call reports 
<http://www.rollcall.com/news/senate_democrats_begin_efforts_to_amend_constitution-233618-1.html?pg=1&dczone=politics>.

Share 
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62156&title=%E2%80%9CSenate%20Democrats%20Begin%20Efforts%20to%20Amend%20Constitution%E2%80%9D&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme 
Court <http://electionlawblog.org/?cat=29>


    Current Principal Deputy SG Called J. Breyer a "Rather Cold Fish" in
    Clinton Admin. Memo <http://electionlawblog.org/?p=62154>

Posted on June 6, 2014 12:59 pm <http://electionlawblog.org/?p=62154>by 
Rick Hasen <http://electionlawblog.org/?author=3>

WaPo 
<http://www.washingtonpost.com/blogs/post-politics/wp/2014/06/06/the-most-interesting-tidbits-from-the-clinton-document-dump-part-5/> 
on latest Clinton paper release:

    Klein thought Breyer was "brilliant," but others were not as
    impressed.  "Nothing in Judge Breyer's opinions suggests that he
    would be a great Supreme Court justice," wrote Tom Perrilli and Ian
    Gershengorn, who called him a "rather cold fish."

    Perrilli later served as deputy attorney general in the Obama
    administration and Gershengorn is currently  Principal Deputy
    Solicitor General, arguing regularly before the Supreme Court.

UPDATE: The memo itself on Justice Breyer's civil rights opinions while 
on the First Circuit begins on page 139 of this pdf 
<http://www.clintonlibrary.gov/assets/storage/Research%20-%20Digital%20Library/formerlywithheld/batch5/2006-1067-F.pdf>. 
The memo is quite harsh. It concludes:

      Conclusion

    There is very little heart and soul in Judge Breyer's opinions.
    Quite clearly, he is a rather cold fish. There is nothing in his
    legal writing that suggests innovation, except perhaps in a few
    areas of particular interest. Indeed, he shows a distinct lack of
    interest for most areas of substantive law, including those areas of
    greatest interest to liberals. He would never be a conciliator or a
    consensus builder on the Court; not only does he lack interest in
    many subject matters, but his opinions do not reflect the sort-of
    verve necessary to build coalitions.
    Conservatives will be thrilled if Judge Breyer is appointed. He
    cannot be described as liberal and more likely falls on the
    conservative side of moderate. I would think liberals would be very
    upset at this selection. Besides the specific problems discussed
    above, Judge Breyer signals no particular change in the Court's
    current direction. At most he is another unremarkable voice in the
    middle which will still be led by Justice O'Connor or perhaps
    Justice Souter. His personality will also not generate supporters;
    nothing in his opinions suggests warmth in any way. On the whole, he
    is probably easily confirmable, despite opposition from the left·.
    Selection of Judge Breyer may be seen as a sign that partisanship
    has no place on the Supreme Court, although it may.also appear to be
    kow-towing to conservatives in the Senate. Nothing in Judge Breyer's
    opinions suggests that he would be a great Supreme Court justice. It
    seems unlikely that he would change the Court's direction or add any
    new dimension to it. He is a solid, intelligent choice, albeit one
    with little feeling or passion.

SECOND UPDATE via WSJ 
<http://blogs.wsj.com/washwire/2014/06/06/cold-fish-memo-on-justice-breyer-surfaces-in-clinton-papers/?utm_content=buffer04764&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer>:

    "Everyone has regrets from his 20s," Mr. Gershengorn said Friday.
    "Suffice to say, I have the highest respect for Justice Breyer and
    believe he has proven to be a terrific justice. As Earl Weaver once
    said, 'It is what you learn after you know it all that counts.'"

    His co-author, Mr. Perrelli, said the 1993 memo shows "why you don't
    have second-year associates writing evaluations of potential Supreme
    Court nominees." Mr. Perrelli spent three years as associate
    attorney general in the Obama administration, and now is back in at
    his old law firm, Jenner & Block

Share 
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62154&title=Current%20Principal%20Deputy%20SG%20Called%20J.%20Breyer%20a%20%E2%80%9CRather%20Cold%20Fish%E2%80%9D%20in%20Clinton%20Admin.%20Memo&description=>
Posted in Supreme Court <http://electionlawblog.org/?cat=29>


    "Leland Yee's startling finish in California election race
    explained" <http://electionlawblog.org/?p=62152>

Posted on June 6, 2014 12:58 pm <http://electionlawblog.org/?p=62152>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Mark Barabak presentsthis LA Times piece 
<http://www.latimes.com/nation/politics/politicsnow/la-pn-leland-yee-california-election-shocker-explained-20140606-story.html> 
as a kind of justification for the voters voting this way, but the 
explanation comes down to rational ignorance of the race, just as we all 
thought. The conventional wisdom is right here.

Share 
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62152&title=%E2%80%9CLeland%20Yee%E2%80%99s%20startling%20finish%20in%20California%20election%20race%20explained%E2%80%9D&description=>
Posted in campaigns <http://electionlawblog.org/?cat=59>


    "Bitcoin Could Change Voting the Way It's Changed Money"
    <http://electionlawblog.org/?p=62150>

Posted on June 6, 2014 12:39 pm <http://electionlawblog.org/?p=62150>by 
Rick Hasen <http://electionlawblog.org/?author=3>

MotherBoard 
<http://motherboard.vice.com/read/bitcoin-could-change-voting-the-way-its-changed-money>: 
"What does voting have to do with bitcoin? For all its appeal, online 
voting in its current form--- which is already being used or researched 
in several US states and countries overseas---is very vulnerable to 
fraud, cyberattack, and government corruption. The theory is that the 
bitcoin security protocol matched with anonymizing software and a 
totally open source voting infrastructure would solve for a lot of these 
problems."

Share 
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62150&title=%E2%80%9CBitcoin%20Could%20Change%20Voting%20the%20Way%20It%E2%80%99s%20Changed%20Money%E2%80%9D&description=>
Posted in election administration <http://electionlawblog.org/?cat=18>, 
internet voting <http://electionlawblog.org/?cat=49>, voting technology 
<http://electionlawblog.org/?cat=40>


    "The real problem with the relationship between Tea Party Express
    and Chris McDaniel" <http://electionlawblog.org/?p=62148>

Posted on June 6, 2014 12:22 pm <http://electionlawblog.org/?p=62148>by 
Rick Hasen <http://electionlawblog.org/?author=3>

The Fix 
<http://www.washingtonpost.com/blogs/the-fix/wp/2014/06/06/the-real-problem-with-the-relationship-between-tea-party-express-and-chris-mcdaniel/>: 
It's what the Tea Party Express is /not/ doing.

Share 
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62148&title=%E2%80%9CThe%20real%20problem%20with%20the%20relationship%20between%20Tea%20Party%20Express%20and%20Chris%20McDaniel%E2%80%9D&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10>


    UCI Law Gets Full Accreditation from the ABA
    <http://electionlawblog.org/?p=62146>

Posted on June 6, 2014 12:13 pm <http://electionlawblog.org/?p=62146>by 
Rick Hasen <http://electionlawblog.org/?author=3>

This accreditation would not have gone so smoothly without the hard 
work, dedication and vision of many people, beginning with Dean 
Chemerinsky and the founding faculty and staff. Thank you! [Update: The 
official press release ishere. 
<http://www.law.uci.edu/news/press-releases/06-06-14.html>]

Brian Leiter has just posted this on his blog: 
<http://leiterlawschool.typepad.com/leiter/2014/06/uc-irvine-law-school-now-fully-accredited-by-the-aba.html>

    I was just forwarded the e-mail confirming that milestone.  Not a
    surprise, of course, given all that's been accomplished in a
    remarkably short time, but this also means that UC Irvine will be
    subjected to /U.S. News.com /ranking next year.  The lawyer/judge
    reputation survey results are very hard to predict; it will be
    interesting to see how the academic reputation survey comes out (UCI
    ought to get a top 20 score there, but we'll see if that happens).

Share 
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62146&title=UCI%20Law%20Gets%20Full%20Accreditation%20from%20the%20ABA&description=>
Posted in Uncategorized <http://electionlawblog.org/?cat=1>


    PPIC Analysis of CA Election Reforms on Display in June Primary
    <http://electionlawblog.org/?p=62144>

Posted on June 6, 2014 11:54 am <http://electionlawblog.org/?p=62144>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Here <http://www.ppic.org/main/publication_show.asp?i=1104>.

Share 
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62144&title=PPIC%20Analysis%20of%20CA%20Election%20Reforms%20on%20Display%20in%20June%20Primary&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10>


    "Is California's top two primary system working?"
    <http://electionlawblog.org/?p=62142>

Posted on June 6, 2014 11:20 am <http://electionlawblog.org/?p=62142>by 
Rick Hasen <http://electionlawblog.org/?author=3>

The Fix reports 
<http://www.washingtonpost.com/blogs/the-fix/wp/2014/06/06/is-californias-top-two-primary-working/>.

Share 
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62142&title=%E2%80%9CIs%20California%E2%80%99s%20top%20two%20primary%20system%20working%3F%E2%80%9D&description=>
Posted in political parties <http://electionlawblog.org/?cat=25>, 
primaries <http://electionlawblog.org/?cat=32>


    "Sheriff Concludes No Laws Broken During Mississippi Courthouse
    Caper" <http://electionlawblog.org/?p=62140>

Posted on June 5, 2014 8:50 pm <http://electionlawblog.org/?p=62140>by 
Rick Hasen <http://electionlawblog.org/?author=3>

TPM story 
<http://talkingpointsmemo.com/livewire/mississippi-courthouse-sheriff-investigation-concluded>quotes 
the sheriff's statement:

    Voters in Hinds County can rest assured that there wasn't a breach
    of security as it relates to the integrity of the voting process.
    All voting ballots were placed in a secured vault inside of the
    Hinds County Circuit Clerk's Office, which was also locked during
    the time these individuals were in the building.

    These individuals only had access to the common areas of the
    courthouse, which includes the hallways, and restroom area.

Share 
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62140&title=%E2%80%9CSheriff%20Concludes%20No%20Laws%20Broken%20During%20Mississippi%20Courthouse%20Caper%E2%80%9D&description=>
Posted in chicanery <http://electionlawblog.org/?cat=12>, election 
administration <http://electionlawblog.org/?cat=18>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20140606/d5978991/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20140606/d5978991/attachment.png>