[EL] ELB News and Commentary 3/18/14
Rick Hasen
rhasen at law.uci.edu
Mon Mar 17 21:24:14 PDT 2014
On the Road to Arguing for the Unconstitutionality of Section 2 of
the Voting Rights Act <http://electionlawblog.org/?p=59492>
Posted on March 17, 2014 9:20 pm <http://electionlawblog.org/?p=59492>by
Rick Hasen <http://electionlawblog.org/?author=3>
I've been sounding this alarm for a while, beginning with leading up to
the /Shelby County/ oral argument. Opponents of the constitutionality of
Voting Rights Act Section 5 made the claim, among others, that Section 5
was no longer necessary to protect minority voting rights because other
provisions of the Act, including Section 2, would do that work. Yet
some of the very constitutional arguments against Section 5 (such as the
argument that /City of Boerne/ and other new federalism cases require
Congress to show intentional state racial discrimination and that the
law is a "congruent and proportional remedy" for such intentional
discrimination) could be pushed equally against Section 2.
Now that Section 5 is essentially gone, it is time for the attack on
Section 2.
Here is the final stage before the unconstitutionality argument: an
extensive argument by Roger Clegg and Hans von Spakvosky
<http://www.heritage.org/research/reports/2014/03/disparate-impact-and-section-2-of-the-voting-rights-act>that
courts must interpret Section 2 very, very narrowly or else the law
would be an unconstitutional exercise of congressional power under /City
of Boerne/ and /Shelby County/.
It's a win-win for them as far as the argument goes: either section 2 is
sapped of any of its remaining vitality through an anemic reading under
the doctrine of constitutional avoidance; or Section 2 is now
unconstitutional.
Sad but predictable.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59492&title=On%20the%20Road%20to%20Arguing%20for%20the%20Unconstittuionality%20of%20Section%202%20of%20the%20Voting%20Rights%20Act&description=>
Posted in The Voting Wars <http://electionlawblog.org/?cat=60>, Voting
Rights Act <http://electionlawblog.org/?cat=15>
"Schultz's Crusade is Out of Sync"
<http://electionlawblog.org/?p=59490>
Posted on March 17, 2014 9:13 pm <http://electionlawblog.org/?p=59490>by
Rick Hasen <http://electionlawblog.org/?author=3>
/Des Moines Register /editorial:
<http://www.desmoinesregister.com/article/20140317/OPINION03/303170055/1024/documentcloud/>
"Since he took office three years ago, Iowa Secretary of State Matt
Schultz has focused more energy on revoking peoples' right to vote than
on getting eligible voters to turn out for elections. It seems to us
Schultz has had it backward, and now it's apparent a healthy majority of
Iowans agree."
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59490&title=%E2%80%9CSchultz%E2%80%99s%20Crusade%20is%20Out%20of%20Sync%E2%80%9D&description=>
Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>
"Colorado Recall Proposal Sparks Partisan Dustup"
<http://electionlawblog.org/?p=59488>
Posted on March 17, 2014 9:11 pm <http://electionlawblog.org/?p=59488>by
Rick Hasen <http://electionlawblog.org/?author=3>
AP reports.
<http://denver.cbslocal.com/2014/03/17/colorado-recall-proposal-sparks-partisan-dustup/>
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59488&title=%E2%80%9CColorado%20Recall%20Proposal%20Sparks%20Partisan%20Dustup%E2%80%9D&description=>
Posted in recall elections <http://electionlawblog.org/?cat=11>
"Highlighting Democratic losses, Republicans block California
campaign finance bill" <http://electionlawblog.org/?p=59486>
Posted on March 17, 2014 9:06 pm <http://electionlawblog.org/?p=59486>by
Rick Hasen <http://electionlawblog.org/?author=3>
SacBee
<http://www.sacbee.com/2014/03/17/6245536/highlighting-democratic-losses.html>:
"Republicans on Monday blocked a California campaign finance reform bill
that fell one vote short, demonstrating the limits of a diminished
Democratic caucus."
A nice lesson for those who think that California became less
dysfunctional because of top two or redistricting reform. The real
reason for the end to gridlock (temporarily) was the Democrats'
supermajority in the legislature plus the governorship.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59486&title=%E2%80%9CHighlighting%20Democratic%20losses%2C%20Republicans%20block%20California%20campaign%20finance%20bill%E2%80%9D&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10>,
political parties <http://electionlawblog.org/?cat=25>, political
polarization <http://electionlawblog.org/?cat=68>
"Who Controls the Kochs' Political Network? ASMI, SLAH and TOHE"
<http://electionlawblog.org/?p=59484>
Posted on March 17, 2014 1:47 pm <http://electionlawblog.org/?p=59484>by
Rick Hasen <http://electionlawblog.org/?author=3>
ProPublica reports
<http://www.propublica.org/article/who-controls-koch-political-network-asmi-slah-tohe>.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59484&title=%E2%80%9CWho%20Controls%20the%20Kochs%E2%80%99%20Political%20Network%3F%20ASMI%2C%20SLAH%20and%20TOHE%E2%80%9D&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22>
"Legal Center Warns Jasper, Texas that Proposed Annexations Could
Lead to Violations of Voting Rights Act"
<http://electionlawblog.org/?p=59482>
Posted on March 17, 2014 1:45 pm <http://electionlawblog.org/?p=59482>by
Rick Hasen <http://electionlawblog.org/?author=3>
See here
<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=2406:march-17-2014-legal-center-warns-jasper-texas-that-proposed-annexations-could-lead-to-violations-of-voting-rights-act-&catid=63:legal-center-press-releases&Itemid=61>.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59482&title=%E2%80%9CLegal%20Center%20Warns%20Jasper%2C%20Texas%20that%20Proposed%20Annexations%20Could%20Lead%20to%20Violations%20of%20Voting%20Rights%20Act%E2%80%9D&description=>
Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>
Harry Enten Blames Public Financing for Arizona's Extreme Politics
<http://electionlawblog.org/?p=59480>
Posted on March 17, 2014 1:33 pm <http://electionlawblog.org/?p=59480>by
Rick Hasen <http://electionlawblog.org/?author=3>
Her <http://fivethirtyeight.com/features/the-wild-conservative-west/>e,
at 538.
Last time someone made such a claim, there were a number of rebuttal.s
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59480&title=Harry%20Enten%20Blames%20Public%20Financing%20for%20Arizona%E2%80%99s%20Extreme%20Politics&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10>
"GOP Bill Designed to Disrupt John Doe Dark Money Probe, Court
Filings Confirm" <http://electionlawblog.org/?p=59478>
Posted on March 17, 2014 9:47 am <http://electionlawblog.org/?p=59478>by
Rick Hasen <http://electionlawblog.org/?author=3>
Brendan Fischer blogs
<http://www.prwatch.org/news/2014/03/12421/wi-gop-bill-designed-to-disrupt>.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59478&title=%E2%80%9CGOP%20Bill%20Designed%20to%20Disrupt%20John%20Doe%20Dark%20Money%20Probe%2C%20Court%20Filings%20Confirm%E2%80%9D&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Commentary: The return of the Robert Bork 'dueling briefs'
strategy: Buckley v. Valeo, Susan B. Anthony List, and Ohio Attorney
General DeWine" <http://electionlawblog.org/?p=59476>
Posted on March 17, 2014 9:43 am <http://electionlawblog.org/?p=59476>by
Rick Hasen <http://electionlawblog.org/?author=3>
Worthwhile Marty Lederman post.
<http://www.scotusblog.com/2014/03/commentary-the-return-of-the-robert-bork-dueling-briefs-strategy-buckley-v-valeo-susan-b-anthony-list-and-ohio-attorney-general-dewine/>
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59476&title=%E2%80%9CCommentary%3A%20The%20return%20of%20the%20Robert%20Bork%20%E2%80%98dueling%20briefs%E2%80%99%20strategy%3A%20Buckley%20v.%20Valeo%2C%20Susan%20B.%20Anthony%20List%2C%20and%20Ohio%20Attorney%20General%20DeWine%E2%80%9D&description=>
Posted in Supreme Court <http://electionlawblog.org/?cat=29>
"Scott Brown Ditches 'The People's Pledge' for Dark Money"
<http://electionlawblog.org/?p=59474>
Posted on March 17, 2014 8:22 am <http://electionlawblog.org/?p=59474>by
Rick Hasen <http://electionlawblog.org/?author=3>
/Mother Jones/
<http://www.motherjones.com/mojo/2014/03/scott-brown-new-hampshire-senate-jeanne-shaheen>reports
<http://www.motherjones.com/mojo/2014/03/scott-brown-new-hampshire-senate-jeanne-shaheen>.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59474&title=%E2%80%9CScott%20Brown%20Ditches%20%E2%80%98The%20People%E2%80%99s%20Pledge%E2%80%99%20for%20Dark%20Money%E2%80%9D&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Voting Rights Groups Applaud District Court's Decision In
Massachusetts Public Assistance Voter Registration Case"
<http://electionlawblog.org/?p=59472>
Posted on March 17, 2014 8:17 am <http://electionlawblog.org/?p=59472>by
Rick Hasen <http://electionlawblog.org/?author=3>
Demos press release <http://demos.io/1g2OXjG>: "On Friday, the United
States District Court for the District of Massachusetts issued a series
of rulings in Delgado v. Galvin, rejecting defendants' efforts to
dismiss parts of the case, adding MassHealth as a defendant, and
broadening the inquiry into the statewide failure of Massachusetts
public assistance offices to provide federally required voter
registration services to the Commonwealth's low-income citizens."
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59472&title=%E2%80%9CVoting%20Rights%20Groups%20Applaud%20District%20Court%E2%80%99s%20Decision%20In%20Massachusetts%20Public%20Assistance%20Voter%20Registration%20Case%E2%80%9D&description=>
Posted in NVRA (motor voter) <http://electionlawblog.org/?cat=33>
"Editorial: Harry Reid and Mitch McConnell agree: Voters don't need
to know" <http://electionlawblog.org/?p=59470>
Posted on March 17, 2014 8:16 am <http://electionlawblog.org/?p=59470>by
Rick Hasen <http://electionlawblog.org/?author=3>
Sac Bee editorial
<http://www.sacbee.com/2014/03/16/6235548/editorial-harry-reid-and-mitch.html>:
Senators fail to file their reports online because they understand
the power of disclosure. They know that any voter with a computer
could pick through their reports and see that they take money from,
say, tobacco- or oil company-funded political action committees, or
that the bulk of their money comes from various interest groups in
Washington, D.C.
The nonprofit Center for Responsive Politics, which tracks federal
campaign money, is petitioning Reid to bring to a vote legislation
by Sen. Jon Tester, D-Mont, which would force senators to file their
reports online
<http://www.opensecrets.org/news/2013/07/senate-e-filing-make-it-happen.html>.
The bill has 37 co-sponsors, including 29 Democrats, six Republicans
and two independents, although, ironically, a majority of the 37
fail to file their reports online.
"When will you bring the Campaign Disclosure Parity Act (S.375) to a
vote?" the petition directed at Reid asks
<http://www.askthem.io/nv/questions/52f912dcf92ea1d4a2000008>.
It's an excellent question.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59470&title=%E2%80%9CEditorial%3A%20Harry%20Reid%20and%20Mitch%20McConnell%20agree%3A%20Voters%20don%E2%80%99t%20need%20to%20know%E2%80%9D&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Friends, Associates and Associations: Theoretically and Empirically
Grounding the Freedom of Association"
<http://electionlawblog.org/?p=59468>
Posted on March 17, 2014 7:37 am <http://electionlawblog.org/?p=59468>by
Rick Hasen <http://electionlawblog.org/?author=3>
Tabatha Abu El-Haj has posted this draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2407049> on SSRN
(forthcoming, /Arizona Law Review/). Here is the abstract:
This Article argues that while the freedom of association is back at
the center of the First Amendment, it suffers from the fact that it
has been both theoretically and doctrinally subsumed by the freedom
of speech. The First Amendment's self-governance interest is
necessarily broader than an interest in political debate and a
vibrant marketplace of political ideas.
Association and associations enable the political participation that
can turn ideas and debate into the action required to create
democratic accountability. Free association doctrine is, therefore,
uniquely positioned to promote representative government by
protecting conditions necessary for an active citizenry.
A reoriented freedom of association doctrine would focus on how its
protections affect civic and political engagement, taking into
account findings from the empirical sciences. The result would be a
unique right that furthers the self-governance interest of the First
Amendment by protecting groups (formal and informal) and their
capacity to act. This would ensure, first, that the First Amendment
protects the participation necessary for meaningful self-governance
and, second, that free association doctrine is not redundant. Free
speech doctrine could continue to attend to its traditional ends.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59468&title=%E2%80%9CFriends%2C%20Associates%20and%20Associations%3A%20Theoretically%20and%20Empirically%20Grounding%20the%20Freedom%20of%20Association%E2%80%9D&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10>
"How RCV could help take some of the money out of political
campaigns" <http://electionlawblog.org/?p=59466>
Posted on March 17, 2014 7:29 am <http://electionlawblog.org/?p=59466>by
Rick Hasen <http://electionlawblog.org/?author=3>
Retired Senator David Durenbergerblogs
<http://www.minnpost.com/community-voices/2014/03/how-rcv-could-help-take-some-money-out-political-campaigns?utm_source=MinnPost-RSS&utm_medium=feed&utm_campaign=Feed%3A+minnpost-region+%28MinnPost+-+MinnPost.com%3A+Region%29>.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59466&title=%E2%80%9CHow%20RCV%20could%20help%20take%20some%20of%20the%20money%20out%20of%20political%20campaigns%E2%80%9D&description=>
Posted in alternative voting systems <http://electionlawblog.org/?cat=63>
"Free Ride: Mississippi to Make Sure Voters Can Get New Required ID"
<http://electionlawblog.org/?p=59464>
Posted on March 17, 2014 7:27 am <http://electionlawblog.org/?p=59464>by
Rick Hasen <http://electionlawblog.org/?author=3>
A ChapinBlog
<http://blog.lib.umn.edu/cspg/electionacademy/2014/03/free_ride_mississippi_to_make.php>.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59464&title=%E2%80%9CFree%20Ride%3A%20Mississippi%20to%20Make%20Sure%20Voters%20Can%20Get%20New%20Required%20ID%E2%80%9D&description=>
Posted in election administration <http://electionlawblog.org/?cat=18>
"Bill on Anonymous Political Donations Faces Test in State Senate"
<http://electionlawblog.org/?p=59461>
Posted on March 17, 2014 7:23 am <http://electionlawblog.org/?p=59461>by
Rick Hasen <http://electionlawblog.org/?author=3>
The /LA Times/ reports.
"An attempt by California lawmakers to curb anonymous political
donations, sometimes hidden behind secretive out-of-state groups, will
test Democrats' ability to have their way without a supermajority.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D59461&title=%E2%80%9CBill%20on%20Anonymous%20Political%20Donations%20Faces%20Test%20in%20State%20Senate%E2%80%9D&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10>
--
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
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20140317/ae3b65bc/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20140317/ae3b65bc/attachment.png>
View list directory