[EL] Ohio SOS removes Libertarian candidates from statewide ballot

[Even, Jeff (ATG)]

Ditto.

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Justin Levitt
Sent: Saturday, March 08, 2014 11:50 AM
To: law-election at department-lists.uci.edu
Subject: Re: [EL] Ohio SOS removes Libertarian candidates from statewide ballot

Actually, I think there are two additional cautionary tales here.  One, about conflating different forms of partisanship.  Brad has, I think, some clear views on some issues that happen to align with (some) Republicans' views on those issues.  I think that's entirely different from assuming that Brad will act to favor Republicans because they're Republicans, or act to hurt members of other parties because they're members of other parties.  Like Rick, I don't believe for an instant that that's Brad's MO.

Two, I'll suggest a cautionary tale here about impugning someone's ability to act in different ways in different roles.  People can, and do, and should, think that they have different responsibilities in the voting booth, or with their personal checkbook, or as a campaign volunteer, or as the attorney for a political client, or as a government official, or as the arbiter of a particular dispute.  It's precisely as wrong to assume that Brad will act in his newest capacity to favor Republicans as it is to assume, say, that Barbara Bosserman will act in her newest capacity to favor Democrats.

We've become far too fond of asserting that people with connections to particular parties drop any devotion to the rule of law when an issue arises with partisan valence.  The unfounded accusations are dangerous, not least because they degrade the norms that do keep professionals from indulging crass politics whenever possible.

Much more on the general concept (and less on Brad in particular) in a new piece of mine<http://ssrn.com/abstract=2239491>.

Justin Levitt


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Justin Levitt

Associate Professor of Law

Loyola Law School | Los Angeles

919 Albany St.

Los Angeles, CA  90015

213-736-7417

justin.levitt at lls.edu<mailto:justin.levitt at lls.edu>

ssrn.com/author=698321
On 3/8/2014 10:26 AM, Even, Jeff (ATG) wrote:
It strikes me that there is a cautionary tale here about the vital importance of the perception of fairness of election officials.  I personally have no reason to doubt Brad's good faith or fairness, and the law would presume it if challenged.  But if the appointing authority has given reason to suggest such doubt, that's an object lesson in not conducting yourself in such a way as to create the impression.

From: law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu> [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Sal Peralta
Sent: Saturday, March 08, 2014 10:22 AM
To: Rick Hasen
Cc: law-election at UCI.edu<mailto:law-election at UCI.edu>
Subject: Re: [EL] Ohio SOS removes Libertarian candidates from statewide ballot

I think that the decision to hire him was based on crass partisan considerations and that the Ohio Secretary of State has, through the actions of Husted and other office holders, invited such criticism.  Brad is smart, his arguments rational, but there is little question that he is also overtly partisan and, to my thinking, one of the last people in this country who should be called upon to act as an arbiter over the actions of Republican office holders and their allies, especially when the question pertains to systemic patterns of abuse by the party itself.

In any case, I would be very interested in better understanding the mental gymnastics of how a champion for the notion that anonymity of "speech" is constitutionally protected reached the conclusion that the anonymity of those that paid for these petitions to be circulated is not similarly protected, given past determinations to the contrary by the Ohio Secretary of State.

Sent from my iPad

On Mar 8, 2014, at 9:17 AM, Rick Hasen <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>> wrote:
I think this borderlines on an ad hominem attack.
In any case, if you think that Brad Smith would decide a legal question before him through crass partisan considerations, you don't know him very well. I have tangled with Brad for a long time, and I have never known him to be anything but intellectually honest and forthright, even when his decisions and opinions went against the interests of his party.
Rick
On 3/8/14, 9:02 AM, Sal Peralta wrote:
Nice to see that the Ohio elections division hired a neutral party like Brad Smith to rule on the question of whether Ohio Republicans were trying to keep third parties off of the ballot.  Was Jim Bopp not available?


Sent from my iPad

On Mar 7, 2014, at 8:32 PM, Rick Hasen <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>> wrote:
"Republicans question Iowa's key role in presidential balloting"<http://electionlawblog.org/?p=59326>
Posted on March 7, 2014 8:30 pm<http://electionlawblog.org/?p=59326> by Rick Hasen<http://electionlawblog.org/?author=3>

LAT<http://www.latimes.com/nation/la-na-iowa-caucuses-peril-20140308,0,5975331.story#axzz2vLHaG1tX>.
<share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59326&title=%E2%80%9CRepublicans%20question%20Iowa%E2%80%99s%20key%20role%20in%20presidential%20balloting%E2%80%9D&description=>
Posted in campaigns<http://electionlawblog.org/?cat=59>, primaries<http://electionlawblog.org/?cat=32>
"The Technology of Voting"<http://electionlawblog.org/?p=59324>
Posted on March 7, 2014 8:26 pm<http://electionlawblog.org/?p=59324> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT Bits Blog<http://bits.blogs.nytimes.com/2014/03/07/the-technology-of-voting/?ref=politics>.
<share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59324&title=%E2%80%9CThe%20Technology%20of%20Voting%E2%80%9D&description=>
Posted in voting technology<http://electionlawblog.org/?cat=40>
"Author of elections report cited by Poilievre contradicts minister on voter fraud"<http://electionlawblog.org/?p=59322>
Posted on March 7, 2014 5:07 pm<http://electionlawblog.org/?p=59322> by Rick Hasen<http://electionlawblog.org/?author=3>

CBC News<http://www.cbc.ca/news/politics/author-of-elections-report-cited-by-poilievre-contradicts-minister-on-voter-fraud-1.2563659>:
 The author of a report cited repeatedly to justify cracking down on potential voter fraud says the Harper government is misrepresenting his report and ignoring his recommendations.

Indeed, Harry Neufeld says there's not a shred of evidence that there have been more than "a handful" of cases of deliberate voter fraud in either federal or provincial elections.

"I never said there was voter fraud," Neufeld said in an interview with The Canadian Press.

"Nor did the Supreme Court, who looked at this extremely carefully."

Looks like the voting wars are contagious, even crossing borders.
<share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59322&title=%E2%80%9CAuthor%20of%20elections%20report%20cited%20by%20Poilievre%20contradicts%20minister%20on%20voter%20fraud%E2%80%9D&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>
New Casebook: The Law of Direct Democracy<http://electionlawblog.org/?p=59320>
Posted on March 7, 2014 2:42 pm<http://electionlawblog.org/?p=59320> by Rick Hasen<http://electionlawblog.org/?author=3>

Henry Noyes has written a new casebook<http://www.cap-press.com/books/isbn/9781611632767/The-Law-of-Direct-Democracy> for Carolina Academic Press.

I've seen the table of contents and it looks like great coverage.
<share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59320&title=New%20Casebook%3A%20The%20Law%20of%20Direct%20Democracy&description=>
Posted in direct democracy<http://electionlawblog.org/?cat=62>
Great Lineup at March 17 American University Conference on Lobbying and Ethics Reform in US and eU<http://electionlawblog.org/?p=59318>
Posted on March 7, 2014 2:39 pm<http://electionlawblog.org/?p=59318> by Rick Hasen<http://electionlawblog.org/?author=3>

Details<http://www.american.edu/spa/ccps/upload/press-release-for-March-17-conference-2.pdf>.
<share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59318&title=Great%20Lineup%20at%20March%2017%20American%20University%20Conference%20on%20Lobbying%20and%20Ethics%20Reform%20in%20US%20and%20eU&description=>
Posted in lobbying<http://electionlawblog.org/?cat=28>
"Ohio Secretary of State Removes Libertarian Party Statewide Candidates from the Libertarian Primary Ballot"<http://electionlawblog.org/?p=59316>
Posted on March 7, 2014 2:34 pm<http://electionlawblog.org/?p=59316> by Rick Hasen<http://electionlawblog.org/?author=3>

BAN reports<http://www.ballot-access.org/2014/03/ohio-secretary-of-state-removes-libertarian-party-statewide-candidates-from-the-libertarian-primary-ballot/>.
<share_save_171_16.png><http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59316&title=%E2%80%9COhio%20Secretary%20of%20State%20Removes%20Libertarian%20Party%20Statewide%20Candidates%20from%20the%20Libertarian%20Primary%20Ballot%E2%80%9D&description=>
Posted in ballot access<http://electionlawblog.org/?cat=46>

--

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<mailto:rhasen at law.uci.edu>

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http://electionlawblog.org
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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<mailto:rhasen at law.uci.edu>

http://www.law.uci.edu/faculty/full-time/hasen/

http://electionlawblog.org




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