[EL] Ohio SOS removes Libertarian candidates from statewide ballot
Rick Hasen
rhasen at law.uci.edu
Sat Mar 8 12:12:04 PST 2014
I was about to write in to mention Justin's excellent piece, The
Partisanship Spectrum. I think the piece will change how we talk about
these issues. Justin shows there is a lot of conflation of different
ideas in the term "partisanship," and his work forces us to clarify what
we mean by "partisan" and when someone's personal motives deserve
condemnation.
On 3/8/14, 12:08 PM, Even, Jeff (ATG) wrote:
>
> 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
>
> --
> 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 incampaigns
> <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 invoting 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 inUncategorized
> <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 anew 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 indirect 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 inlobbying
> <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 inballot 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>
>
> http://www.law.uci.edu/faculty/full-time/hasen/
>
> 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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--
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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