[EL] ELB News and Commentary 6/9/14

Mon Jun 9 08:17:14 PDT 2014

    Repealing the "Voter Rights Act?" <http://electionlawblog.org/?p=62187>

Posted on June 9, 2014 8:15 am <http://electionlawblog.org/?p=62187>by 
Rick Hasen <http://electionlawblog.org/?author=3>

An early draft 
<https://www.documentcloud.org/documents/1182339-temporary-platform-committee-report.html> 
of the Texas GOP platform called for repealing the entire Voting Rights 
Act (misnamed the Voter Rights Act).  Anyone know if this got passed?

The platform got attention for other reasons 
<http://www.thewire.com/politics/2014/06/the-texas-gop-advances-its-cure-the-gays-platform/372333/>.

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

    "Four Years Later, FEC May Finally Update Its Books With Citizens
    United Ruling" <http://electionlawblog.org/?p=62185>

Posted on June 9, 2014 8:10 am <http://electionlawblog.org/?p=62185>by 
Rick Hasen <http://electionlawblog.org/?author=3>

National Journal reports. 
<http://www.nationaljournal.com/politics/four-years-later-fec-may-finally-update-its-books-with-citizens-united-ruling-20140608>

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

    AALS Recognizes New Election Law Section
    <http://electionlawblog.org/?p=62183>

Posted on June 9, 2014 8:05 am <http://electionlawblog.org/?p=62183>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Josh Douglas <http://www.law.uky.edu/index.php?hid=93> writes:

    Dear Election Law Community,

    I'm thrilled to announce that the AALS has granted our petition to
    create a new Section on Election Law!  This is a significant
    accomplishment for our field.  Thanks to all of you who helped with
    this effort.
    We will have a program at the AALS Annual Meeting in January in
    Washington, DC about the 50th anniversary of the passage of the
    Voting Rights Act.  The session is scheduled for *Sunday, January 4,
    2015, from 2:00-3:45*.  Please mark your calendars.  Confirmed
    panelists include Pam Karlan, Chris Elmendorf, and Kareem Crayton,
    and we will select two more panelists from a Call for Papers.  More
    on that is forthcoming.
    In addition, plans are underway for a "shadow" conference on
    Teaching Election Law to be held at the GW Law School through the GW
    Political Law Studies Initiative on the afternoon of *Friday,
    January 2*.  I hope those of you who teach a course in election law
    will be able to make it, and will stay for the AALS session on
    Sunday as well.
    Please let me know if you have any questions.  Again, my thanks to
    all who helped to reach this milestone.

Kudos to Josh for taking the lead in making this happen!
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Posted in pedagogy <http://electionlawblog.org/?cat=23>

    "Political parties fight to manipulate voting times"
    <http://electionlawblog.org/?p=62181>

Posted on June 9, 2014 8:03 am <http://electionlawblog.org/?p=62181>by 
Rick Hasen <http://electionlawblog.org/?author=3>

AP reports 
<http://www.marshallindependent.com/page/content.detail/id/526910/Political-parties-fight-to-manipulate-voting-times.html?isap=1&nav=5028>.

Doug Chapin comments. 
<http://blog.lib.umn.edu/cspg/electionacademy/2014/06/not_just_id_anymore_early_voti.php?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+HHHElections+%28The+Election+Aacdemy%29>

See also my earlier piece, The New Conservative Assault on Early Voting 
<http://www.slate.com/articles/news_and_politics/politics/2014/02/the_new_conservative_assault_on_early_voting_more_republicans_fewer_voters.html>, 
/Slate/, February 10, 2014.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60>, voter registration 
<http://electionlawblog.org/?cat=37>

    "Early Voting Supporter Dismisses Lawmakers' Voter Fraud Concerns"
    <http://electionlawblog.org/?p=62179>

Posted on June 8, 2014 8:34 pm <http://electionlawblog.org/?p=62179>by 
Rick Hasen <http://electionlawblog.org/?author=3>

The Missourian reports. 
<http://www.emissourian.com/local_news/county/article_d752c1e2-edae-11e3-97d8-001a4bcf887a.html>

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
voter registration <http://electionlawblog.org/?cat=37>

    "Outside Money Floods Alaska in Senate Race"
    <http://electionlawblog.org/?p=62177>

Posted on June 8, 2014 12:44 pm <http://electionlawblog.org/?p=62177>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Fascinating NYT report. 
<http://www.nytimes.com/2014/06/08/us/politics/outside-money-floods-alaska-in-senate-race.html?ref=politics&_r=0>

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

    "Rove's top campaign funding groups keep low profile in 2014
    election" <http://electionlawblog.org/?p=62175>

Posted on June 8, 2014 12:43 pm <http://electionlawblog.org/?p=62175>by 
Rick Hasen <http://electionlawblog.org/?author=3>

The LA Times reports 
<http://www.latimes.com/nation/la-na-rove-campaign-20140608-story.html#page=1>.

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

    "Will conspiracy trial figure in Mandel's election?"
    <http://electionlawblog.org/?p=62173>

Posted on June 8, 2014 12:29 pm <http://electionlawblog.org/?p=62173>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Cincinnati Enquirer <http://cin.ci/1hsBrra>:

    Scandal is again threatening the Ohio state treasurer's office.

    The case -- unfolding this month in a Cleveland courtroom --
    involves a GOP donor, Northeast Ohio businessman Ben Suarez. He's
    accused of conspiring to violate federal campaign laws by allegedly
    filtering $100,000 in donations to Ohio Treasurer Josh Mandel --
    some of it just days after Mandel sent official state treasurer's
    letters on Suarez's behalf.

    Although the Republican treasurer has not been charged, an assistant
    U.S. attorney stopped just short Wednesday of saying the donations
    represented a quid pro quo exchange -- I'll help you if you help me.
    That suggestion of political favors likely will feature prominently
    in Hamilton County Democrat Connie Pillich's bid
    <http://www.cincinnati.com/story/news/2013/12/25/pillich-takes-door-to-door-campaign-on-the-road-in-treasurers-race/4198481/>
    to unseat Mandel this November, although criminal quid pro quo
    charges are difficult to bring against a politician.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
campaigns <http://electionlawblog.org/?cat=59>, chicanery 
<http://electionlawblog.org/?cat=12>

    "Judge Orders Palmdale To Pay $3.5M For Voting Rights Act Violation"
    <http://electionlawblog.org/?p=62171>

Posted on June 8, 2014 12:27 pm <http://electionlawblog.org/?p=62171>by 
Rick Hasen <http://electionlawblog.org/?author=3>

According to the article 
<http://hometownstation.com/santa-clarita-news/crime/court/judge-orders-palmdale-pay-35m-voting-rights-act-violation-42207>, 
Palmdale is considering a Petition for Review to the California Supreme 
Court.

Apparently the original attorneys fees request was for $5.2 million.

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

    "OPINION: State's top-two primary a failure"
    <http://electionlawblog.org/?p=62169>

Posted on June 8, 2014 12:21 pm <http://electionlawblog.org/?p=62169>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Timm Herdt 
<http://legalpronews.findlaw.com/article/ea805a75f7ba36e7c05c8592de2f015e#.U5S3WC8Wc3Y>column.

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Posted in political parties <http://electionlawblog.org/?cat=25>, 
political polarization <http://electionlawblog.org/?cat=68>, primaries 
<http://electionlawblog.org/?cat=32>

    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>.

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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."

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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.

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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>.

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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

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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.

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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."

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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.

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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).

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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>.

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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/>.

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-- 
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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