[EL] more news 5/1/14

Thu May 1 10:48:19 PDT 2014

    "Ohio Libertarian Party Loses Primary Ballot Access Lawsuit"
    <http://electionlawblog.org/?p=61095>

Posted on May 1, 2014 10:23 am <http://electionlawblog.org/?p=61095>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Richard Winger reports 
<http://www.ballot-access.org/2014/05/ohio-libertarian-party-loses-primary-ballot-access-lawsuit/>.  
Next stop is SCOTUS.

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Posted in ballot access <http://electionlawblog.org/?cat=46>, third 
parties <http://electionlawblog.org/?cat=47>

    "Going to Voters Where They Live" <http://electionlawblog.org/?p=61093>

Posted on May 1, 2014 10:20 am <http://electionlawblog.org/?p=61093>by 
Rick Hasen <http://electionlawblog.org/?author=3>

That's the lead story in this week'sElectionline Weekly 
<http://www.electionline.org/index.php/electionline-weekly>.

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Posted in election administration <http://electionlawblog.org/?cat=18>

    "House passes ballot measure on court appointments"
    <http://electionlawblog.org/?p=61091>

Posted on May 1, 2014 10:19 am <http://electionlawblog.org/?p=61091>by 
Rick Hasen <http://electionlawblog.org/?author=3>

New battle 
<http://www.cbs12.com/template/inews_wire/wires.regional.fl/27ee480d-www.cbs12.com.shtml> 
in Florida: "Voters will have a chance to decide whether an outgoing 
governor should appoint vacancies on the Florida Supreme Court that open 
at the same time a new governor is sworn in."

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Posted in direct democracy <http://electionlawblog.org/?cat=62>, 
judicial elections <http://electionlawblog.org/?cat=19>

    Ari Berman on the New Ohio Early Voting Lawsuit
    <http://electionlawblog.org/?p=61089>

Posted on May 1, 2014 10:13 am <http://electionlawblog.org/?p=61089>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Here 
<http://www.thenation.com/blog/179626/aclu-lawsuit-ohio-early-voting-cuts-violate-voting-rights-act#>.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60>, voter registration 
<http://electionlawblog.org/?cat=37>

    "Voter Turnout in Primary Elections"
    <http://electionlawblog.org/?p=61087>

Posted on May 1, 2014 10:11 am <http://electionlawblog.org/?p=61087>by 
Rick Hasen <http://electionlawblog.org/?author=3>

New report <http://www.ppic.org/main/publication.asp?i=1095> from Eric 
McGhee of PPIC:

    California's new top-two primary system did not produce the increase
    in voter turnout that many had hoped for in 2012. But it did appear
    to engage independent voters. Examining primary voting trends over
    time, this report analyzes voter behavior and the potential impact
    of electoral reforms in this stage of the election cycle.

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Posted in political parties <http://electionlawblog.org/?cat=25>, 
primaries <http://electionlawblog.org/?cat=32>

    RNLA Goes After News21, "Vote Fraud Deniers;" A Brief Response
    <http://electionlawblog.org/?p=61085>

Posted on May 1, 2014 8:45 am <http://electionlawblog.org/?p=61085>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Blog post here 
<http://thereplawyer.blogspot.com/2014/05/the-left-use-of-old-biased-reports-to.html>.

Where to begin?

1. I've explained why attacks on the News21 methodology have missed the 
forest for the trees 
<http://blogs.reuters.com/great-debate/2014/04/30/exorcising-the-voter-fraud-ghost/>. 
No doubt the News21 methodology undercounts some prosecutions for voter 
fraud, but what matters is what it shows comparatively. There's no 
reason to believe that impersonation fraud prosecutions would be 
undercounted.

2. Justin Levitt has been collecting /all/ reported cases he can find of 
credible voter impersonation fraud claims since 2000. He's up to 20 
possible cases.  And no conspiracies (since at least 1980) that I can 
idenfity of /any /kind where voter fraud impersonation was used to dupe 
election officials and steal an election. That compares to absentee 
ballot fraud cases /every year/ which sometimes affect the outcome of 
elections.

3. Now unless one believes that it is only geniuses who perpetuate voter 
impersonation fraud schemes, the idea that this being used to steal 
elections on any kind of large scale but /always/ avoids detection is 
ludicrous. As I explained int the Reuters piece, impersonation fraud 
requires a large conspiracy of individuals being sent into the polls 
claiming to be someone else (and not being noticed by poll workers, 
/ever/, of not being the neighbor or the dead person attempting to 
vote).  So, please, give up the ghost 
<http://electionlawblog.org/?p=61083> on voter impersonation fraud 
claims.  No modern examples of it happening in U.S. elections to steal 
elections.

4. Stop the bait and switch <http://electionlawblog.org/?p=48568> of 
calling people on the left "vote fraud deniers." One can deny 
impersonation fraud is a problem while still acknowledge that other 
kinds of election crimes (including absentee voter fraud) is a problem.  
Here's my open letter <http://electionlawblog.org/?p=54875> to Jonathan 
Tobin to which he never responded:

    Mr Tobin,

    Is it possible for you to stop the bait and switch
    <http://electionlawblog.org/?p=48568>? No one I know who has studied
    this issue says there's no voter fraud (hence, the misleading title
    of your piece: Are You Sure There's No Voter Fraud
    <http://www.commentarymagazine.com/2013/08/27/are-you-sure-theres-no-voter-fraud-voter-id-detroi/>?).
    It happens, especially with absentee ballots.

    Instead, the claim is that there's almost no voter impersonation
    fraud---the main type of fraud a voter id law would be designed to
    prevent.  For my book /The Voting Wars /I tried to find a single
    instance where an election was thrown into question since 1980
    <http://electionlawblog.org/?p=42150> by such fraud. I could not
    find <http://electionlawblog.org/?p=19560> a single example. I found
    lots of examples of absentee ballot fraud, and election officials
    committing fraud. But because impersonation fraud is such a dumb and
    inefficient way to steal an election, it is unsurprising that it
    doesn't happen.  You offer no such examples in your writing; just
    innuendo.

    And please don't tell me that this fraud is both widespread and
    impossible to detect (to paraphrase Colin Powell's recent remarks).
    There's not a single credible academic
    <http://electionlawblog.org/?p=42251> who would agree. We have some
    comparative numbers from News21
    <http://electionlawblog.org/?p=48568> on prosecutions for these
    kinds of crimes. Absentee ballot fraud is a real problem.
    Impersonation fraud is negligible. There's no reason to believe that
    impersonation fraud would be harder to catch. In fact, because it
    would involve a lot of people going to polling places claiming to be
    someone else, it would be easier to catch.

    So spare me the unsubstantiated allegations. And if you are really
    serious that voter fraud is a major problem, let's see you get
    behind and advocate for the elimination of no excuse absentee
    balloting before you attack phantom targets.

5. Finally, as for "the Left" "never having rebutted" the Milwaukee 
police report on fraud, I would point you to pages 102-112 of Lori 
Minnite's excellent book, /The Myth of Voter Fraud. / 
<http://www.amazon.com/Myth-Voter-Fraud-Lorraine-Minnite/dp/0801448484>You 
can disagree with the analysis if you like (though you'd be hard pressed 
to given how diligent and careful Lori is in the book), but don't say 
it's never been rebutted. And, by the way, the report has nothing to do 
with impersonation fraud, the whole point of voter id laws.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60>, voter id 
<http://electionlawblog.org/?cat=9>

    "Voter impersonation fraud: The GOP's phantom menace"
    <http://electionlawblog.org/?p=61083>

Posted on May 1, 2014 8:22 am <http://electionlawblog.org/?p=61083>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Dick Polman blogs 
<http://www.newsworks.org/index.php/national-interest/item/67479?linktype=hp_blogs>, 
continuing the ghost metaphor in my Reuters piece 
<http://blogs.reuters.com/great-debate/2014/04/30/exorcising-the-voter-fraud-ghost/> 
on voter impersonation fraud yesterday.

Since I wrote my piece I learned that ACLU lawyer Karyn Rotker closed 
her argument in the Wisconsin voter id case I wrote about with: 
"In-person voter impersonation fraud, the only kind of fraud photo ID 
might prevent, is no more than a ghost story, never seen but designed to 
terrify those who listen."

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
fraudulent fraud squad <http://electionlawblog.org/?cat=8>, The Voting 
Wars <http://electionlawblog.org/?cat=60>, voter id 
<http://electionlawblog.org/?cat=9>, Voting Rights Act 
<http://electionlawblog.org/?cat=15>

    Lessig's Super PAC to End All Super PACs
    <http://electionlawblog.org/?p=61078>

Posted on May 1, 2014 7:55 am <http://electionlawblog.org/?p=61078>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Lessig's self-described "moonshot" is now live at MayOne.Us 
<http://mayone.us/>.

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Posted in Uncategorized <http://electionlawblog.org/?cat=1>

    "Federal panel upholds Arizona legislative map"
    <http://electionlawblog.org/?p=61076>

Posted on May 1, 2014 7:52 am <http://electionlawblog.org/?p=61076>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Gannett 
<http://www.azcentral.com/story/news/arizona/politics/2014/04/29/federal-panel-upholds-arizona-legislative-map/8481247/>:

    A divided federal court has upheld the legislative map drawn by the
    Arizona Independent Redistricting Commission, removing any question
    about which districts candidates would run in this year.

    The 2-1 decision by a federal panel came 13 months after the trial,
    which was sought by a group of Republican voters, including the wife
    of Senate President Andy Biggs.

That decision was on the state's legislative districting. Meanwhile,AZ 
is going to the Supreme Court 
<http://azcapitoltimes.com/news/2014/04/28/az-redistricting-legislature-asks-supreme-court-congressional-map/>on 
the congressional districting decision.

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Posted in citizen commissions <http://electionlawblog.org/?cat=7>, 
redistricting <http://electionlawblog.org/?cat=6>, Supreme Court 
<http://electionlawblog.org/?cat=29>

    "Capital Confusion: DC Officials Reveal Computer Failure Hampered
    April 1 Election" <http://electionlawblog.org/?p=61074>

Posted on May 1, 2014 7:49 am <http://electionlawblog.org/?p=61074>by 
Rick Hasen <http://electionlawblog.org/?author=3>

A ChapinBlog 
<http://blog.lib.umn.edu/cspg/electionacademy/2014/05/capital_confusion_dc_officials.php>.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
voting technology <http://electionlawblog.org/?cat=40>

    Joe Birkenstock Becoming Named Partner at Sandler Reiff
    <http://electionlawblog.org/?p=61072>

Posted on May 1, 2014 7:47 am <http://electionlawblog.org/?p=61072>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Woah! 
<http://thehill.com/business-a-lobbying/lobbying-hires/204863-political-law-firm-rebrands-with-new-partners?utm_source=twitterfeed&utm_medium=twitter> 
Big get for Sandler Reiff. Congrats to all!

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Posted in election law biz <http://electionlawblog.org/?cat=51>

    "Campaign Legal Center and Sunlight Foundation file FCC complaints
    against broadcasters for failure to disclose information on
    political ads" <http://electionlawblog.org/?p=61070>

Posted on May 1, 2014 7:45 am <http://electionlawblog.org/?p=61070>by 
Rick Hasen <http://electionlawblog.org/?author=3>

See the press release. 
<http://sunlightfoundation.com/press/releases/2014/05/01/campaign-legal-center-and-sunlight-foundation-file/>

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
campaigns <http://electionlawblog.org/?cat=59>

    "Justice Stevens Before the Senate, on Behalf of a Constitutional
    Amendment" <http://electionlawblog.org/?p=61068>

Posted on May 1, 2014 7:44 am <http://electionlawblog.org/?p=61068>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Bauer blogs. 
<http://www.moresoftmoneyhardlaw.com/2014/05/justice-stevens-senate-behalf-constitutional-amendment/>

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Posted in campaign finance <http://electionlawblog.org/?cat=10>

    "ACLU to file suit against Ohio's early voting cuts"
    <http://electionlawblog.org/?p=61066>

Posted on May 1, 2014 7:44 am <http://electionlawblog.org/?p=61066>by 
Rick Hasen <http://electionlawblog.org/?author=3>

MSNBC <http://www.msnbc.com/msnbc/ohio-early-voting-cuts-could-be-stopped>:

    Ohio's cuts to early voting discriminate against blacks and
    Hispanics in violation of the Voting Rights Act
    <http://www.msnbc.com/topics/voting-rights-act>, a forthcoming
    lawsuit alleges.

    The suit, to be filed Thursday in federal court by the American
    Civil Liberties Union, offers a chance that the controversial cuts,
    enacted in the nation's most pivotal swing state, could be blocked
    before the November election. And it will provide the latest test of
    the recently weakened Voting Rights Act's ability to stop the wave
    of Republican-backed voting restrictions enacted in recent years.

I have to acknowledge that Dale Ho and the ACLU voting rights team has 
been quite active and aggressive recently in these suits, a strategy 
which (at least for the time being) has borne fruit. 
<http://electionlawblog.org/?p=60972>

UPDATE: Read the complaint. 
<http://electionlawblog.org/wp-content/uploads/Ohio-Complaint.pdf>

This new suit will be even tougher to win.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60>, voter registration 
<http://electionlawblog.org/?cat=37>

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

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