[EL] ELB News and Commentary 6/21/14
Rick Hasen
rhasen at law.uci.edu
Sat Jun 21 19:04:05 PDT 2014
"Proof of citizenship law will be focus of secretary of state race"
<http://electionlawblog.org/?p=62620>
Posted on June 21, 2014 7:01 pm <http://electionlawblog.org/?p=62620>by
Rick Hasen <http://electionlawblog.org/?author=3>
Wichita Eagle:
<http://www.kansas.com/2014/06/21/3519710/incomplete-voter-registration.html>
With Aug. 5 primary elections less than two months away, more than
18,000 potential voters find themselves with an incomplete
registration status because their applications have not met the
state's proof of citizenship law.
The issue is at the center of the race for secretary of state -- the
state's top election officer. Scott Morgan, a Republican challenger,
and Jean Schodorf, the Democratic candidate, both accuse incumbent
Kris Kobach of disenfranchising voters.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>
"Advocates of splitting California into six states gathering
signatures" <http://electionlawblog.org/?p=62618>
Posted on June 21, 2014 6:57 pm <http://electionlawblog.org/?p=62618>by
Rick Hasen <http://electionlawblog.org/?author=3>
LA Times.
<http://www.latimes.com/local/lanow/la-me-ln-petition-drive-underway-to-split-california-into-six-states-20140621-story.html>
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"Another Senate dispute puts spending bills in jeopardy"
<http://electionlawblog.org/?p=62616>
Posted on June 21, 2014 6:54 pm <http://electionlawblog.org/?p=62616>by
Rick Hasen <http://electionlawblog.org/?author=3>
Parliamentary maneuverings
<http://www.washingtonpost.com/politics/another-senate-dispute-puts-spending-bills-in-jeopardy/2014/06/21/f2430b5c-f898-11e3-8aa9-dad2ec039789_story.html>
and election year politics.
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27>, political parties
<http://electionlawblog.org/?cat=25>, political polarization
<http://electionlawblog.org/?cat=68>
"'Hall: McDaniel, Cochran primary law fight disingenuous"
<http://electionlawblog.org/?p=62613>
Posted on June 21, 2014 6:25 pm <http://electionlawblog.org/?p=62613>by
Rick Hasen <http://electionlawblog.org/?author=3>
Sam Hall column:
<http://www.clarionledger.com/story/opinion/columnists/2014/06/21/hall-column-primary-election-law/11212277/>"Mississippi
has a law that says a person cannot vote in a party primary unless they
intend to support that party's nominee in the general election. The law
is all but unenforceable and is contradicted by other state statutes,
but nevertheless it has gotten a lot of attention over the past week."
More: "....records show that McDaniel himself voted in the Democratic
primary in Jones County in 2003. Considering his vote in the Democratic
primary and this state law, one of three scenarios is likely true:
* McDaniel voted in the Democratic primary with every intention of
supporting Haley Barbour against Ronnie Musgrove in the general
election and in doing so broke state law;
* McDaniel voted in the Democratic primary with every intention of
supporting Musgrove but changed his mind at some point and
eventually voted for Barbour in the general election, which would
contradict his claims of being a Republican since the days of Ronald
Reagan;
* McDaniel voted for Musgrove in the general election after voting in
the Democratic primary, which would be far more politically damning
than breaking an unenforceable state law with no teeth in it."
I wrote about this unenforceable law earlier this week
<http://electionlawblog.org/?p=62528>.
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Posted in political parties <http://electionlawblog.org/?cat=25>,
primaries <http://electionlawblog.org/?cat=32>
"Anti-abortion group seeks to bypass ban on campaign lies"
<http://electionlawblog.org/?p=62611>
Posted on June 21, 2014 5:51 pm <http://electionlawblog.org/?p=62611>by
Rick Hasen <http://electionlawblog.org/?author=3>
The Susan B. Anthony case is back in trial cour
<http://www.cincinnati.com/story/news/politics/2014/06/20/anti-abortion-group-seeks-to-bar-enforcement-of-ohio-ban-on-campaign-lies/11072013/>t
quickly after this week's SCOTUS ruling:
A national anti-abortion group has asked a federal court to block
enforcement of an Ohio law that bans false statements about
candidates during elections.
The Susan B. Anthony List is seeking to post a billboard shaming an
anti-abortion Democrat. In a motion filed Friday with the U.S.
District Court in Cincinnati, the group said the law that prohibits
the billboard "chills core political speech and violates basic First
Amendment principles."
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Posted in campaigns <http://electionlawblog.org/?cat=59>
Iowa SOS Matt Schultz Beaten at at Iowa GOP Convention for
Congressional Nomination <http://electionlawblog.org/?p=62609>
Posted on June 21, 2014 4:22 pm <http://electionlawblog.org/?p=62609>by
Rick Hasen <http://electionlawblog.org/?author=3>
Ben Jacobs on the ground
<http://www.thedailybeast.com/articles/2014/06/21/surprise-victory-in-iowa-special-convention.html>.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"Special prosecutor rejects Scott Walker's 'partisan' take on John
Doe" <http://electionlawblog.org/?p=62607>
Posted on June 21, 2014 2:36 pm <http://electionlawblog.org/?p=62607>by
Rick Hasen <http://electionlawblog.org/?author=3>
The /Milwaukee Journal-Sentinel /reports.
<http://www.jsonline.com/news/statepolitics/special-prosecutor-rejects-scott-walkers-partisan-take-on-john-doe-b99296379z1-264102151.html>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
Politifact Rates "False" Scott Walker's Claim that Probe into
Campaign Finance Issues is "Resolved" and "Over"
<http://electionlawblog.org/?p=62605>
Posted on June 21, 2014 2:35 pm <http://electionlawblog.org/?p=62605>by
Rick Hasen <http://electionlawblog.org/?author=3>
Here.
<http://www.politifact.com/wisconsin/statements/2014/jun/20/scott-walker/scott-walker-says-probe-his-campaign-finances-reso/>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Ultimately, Doe case turns on how far campaign coordination can go"
<http://electionlawblog.org/?p=62603>
Posted on June 20, 2014 4:22 pm <http://electionlawblog.org/?p=62603>by
Rick Hasen <http://electionlawblog.org/?author=3>
Bruce Vielmetti analysis
<http://www.jsonline.com/news/statepolitics/ultimately-doe-case-turns-on-how-far-campaign-coordination-can-go-b99295956z1-264051881.html>
at the /Milwaukee Journal-Sentinel./
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Identifying Congressional Overrides Should Not Be this Hard"
<http://electionlawblog.org/?p=62601>
Posted on June 20, 2014 3:48 pm <http://electionlawblog.org/?p=62601>by
Rick Hasen <http://electionlawblog.org/?author=3>
Very important
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2455813>Deborah
Widiss piece (/Texas Law Review See Also/) on statutory overrides of the
Supreme Court. Here is the abstract:
This paper is an invited response to Professor William N. Eskridge,
Jr., and Mr. Matthew R. Christiansen's recently-released study
identifying and analyzing Congressional overrides of Supreme Court
statutory interpretation decisions since 1967. Christiansen and
Eskridge provide a new taxonomy for overrides that distinguishes
between "restorative" overrides, which denounce a judicial
interpretation as misrepresenting prior Congressional intent, and
overrides that simply update or clarify policy. Although political
science and legal scholarship has focused on the interbranch
struggle implicit in restorative overrides, Christiansen and
Eskridge classify only about 20% of the overrides in their total
dataset as restorative.
Using the distinction between restorative and non-restorative
overrides, I perform original data analysis comparing Christiansen
and Eskridge's results with a recent study of overrides by Professor
Richard L. Hasen. Hasen, who found overrides primarily by searching
Congressional committee reports, identified just 46 overrides since
1991. Christiansen and Eskridge supplemented legislative history
research with a review of all court decisions on Westlaw that
flagged a prior precedent as having been affected by subsequent
statutory interpretation; they identified 120 overrides since 1991.
I show that these different methodologies, one focusing on ex ante
signals from Congress and one incorporating ex post analysis by
courts, identify different "kinds" of overrides. Specifically, Hasen
identified 73% of overrides that Christiansen and Eskridge classify
as "restorative" but only 18% of non-restorative overrides. This
finding suggests that Congress frequently may not consider the
effect that large restructurings of statutory law have on judicial
precedents.
Christiansen and Eskridge also report that, on average, it takes
several years before any lower court flags an overridden precedent
as superseded by statute. Again doing original data analysis, I
determine that courts flag restorative overrides much more quickly
than non-restorative overrides. This finding, which is counter to
what one might expect based on political science scholarship,
suggests that problems with implementation of overrides may often
stem from information failures rather than willful resistance by
courts. To make it easier to identify overrides, I suggest Congress
should specifically reference precedents affected by statutory
amendments in statutory language. In response to Christiansen and
Eskridge's finding that women and minority groups are frequently
successful at obtaining overrides of narrow interpretations of civil
rights statutes --- a phenomenon they dub an "inversion of Carolene
Products" --- I note that courts then often hold more expansive
understandings of equality to be unconstitutional.
I will also be co-authoring a response to Christiansen and Eskridge,
building on Widiss's important paper.
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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>
"Democratic Governors Association Drops Challenge to Connecticut's
Post-Citizens United Campaign Finance Reforms"
<http://electionlawblog.org/?p=62599>
Posted on June 20, 2014 1:37 pm <http://electionlawblog.org/?p=62599>by
Rick Hasen <http://electionlawblog.org/?author=3>
CLC press release
<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=2505:june-20-2014-democratic-governors-association-drops-challenge-to-connecticuts-post-citizens-united-campaign-finance-reforms-&catid=63:legal-center-press-releases&Itemid=61>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
Listen to My Conversation on Voting Lawsuits with @DavidPlotz on
@Slate Political Gabfest Extra <http://electionlawblog.org/?p=62597>
Posted on June 20, 2014 1:33 pm <http://electionlawblog.org/?p=62597>by
Rick Hasen <http://electionlawblog.org/?author=3>
It's an extra
<http://www.slate.com/articles/podcasts/gabfest/2014/06/the_gabfest_on_obama_s_response_to_violence_in_iraq_the_capture_of_alleged.html>
for SlatePlus members.
The jumping off point for the piece is this NYT story
<http://www.nytimes.com/2014/06/17/us/court-rulings-on-voter-restrictions-create-limbo-as-midterms-near.html>
from Lizette Alvarez.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>
--
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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