[EL] Ohio SOS removes Libertarian candidates from statewide ballot

Sat Mar 8 13:18:48 PST 2014

I have known Brad since 1993. He and I disagree rarely, and on things such
as Which is the better case: McCutcheon or James?

But I can assure you he is not in the tank. If he were, he would not have
earned the wrath of some Republicans in the regulatory battles at the FEC
circa 2003 - 2004.

Steve
 On Mar 8, 2014 3:12 PM, "Rick Hasen" <rhasen at law.uci.edu> wrote:

>  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<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
>
> 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<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
> *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> 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> 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
>
> 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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>
>
>
> _______________________________________________
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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 92697-8000949.824.3072 - office949.824.0495 - faxrhasen at law.uci.eduhttp://www.law.uci.edu/faculty/full-time/hasen/http://electionlawblog.org
>
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