[EL] ELB News and Commentary 5/2/14
Rick Hasen
rhasen at law.uci.edu
Fri May 2 09:38:37 PDT 2014
<http://electionlawblog.org/>
"Two federal employees disciplined for bashing Obama and Romney at
work" <http://electionlawblog.org/?p=61152>
Posted on May 2, 2014 9:29 am <http://electionlawblog.org/?p=61152>by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo
<http://www.washingtonpost.com/blogs/federal-eye/wp/2014/05/01/two-federal-employees-disciplined-for-bashing-obama-and-romney-at-work/>:
"A former Federal Elections Commission employee and an Air Force
civilian admitted to engaging in prohibited political activities on the
job, including criticizing the 2012 presidential nominees, according to
the U.S. Office of Special Counsel."
More:
The FEC worker's actions add fuel to Republican suspicions that the
agency, which enforces campaign-finance laws, has become a tool for
the left. GOP lawmakers have suggested that the commission has long
wanted to undermine the Supreme Court's 2010 /Citizens United/
decision, which allowed corporations and unions to spend unlimited
funds on elections.
"I think you can understand why reports of this nature make
Republicans somewhat wary of the FEC and [its] ability to regulate
their behavior," Sen. Pat Roberts (R-Kan.) said Wednesday during a
Senate Rules and Administration Committee hearing.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
election commission <http://electionlawblog.org/?cat=24>
"ACLU sues Ohio over early voting"
<http://electionlawblog.org/?p=61148>
Posted on May 2, 2014 9:05 am <http://electionlawblog.org/?p=61148>by
Rick Hasen <http://electionlawblog.org/?author=3>
The latest
<http://recordpub.com/news%20local/2014/05/02/aclu-sues-ohio-over-early-voting>
from Ohio.
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Posted in election administration <http://electionlawblog.org/?cat=18>
RNLA Responds to My Post Yesterday About Impersonation Fraud
<http://electionlawblog.org/?p=61145>
Posted on May 2, 2014 8:45 am <http://electionlawblog.org/?p=61145>by
Rick Hasen <http://electionlawblog.org/?author=3>
You can read it here
<http://thereplawyer.blogspot.com/2014/05/vote-fraud-deniers-tortured-logical-to.html>
(responding to this post <http://electionlawblog.org/?p=61085>).
I don't have time now to write write a full response (though I hope to
do so soon or maybe Justin will chime in). I would just point out at
that the end of the post the poster calls on me to join in the call to
clean up the voter rolls.
Anyone who knows my work knows I support that. Indeed at the end of my
book /The Voting Wars
<http://www.amazon.com/Voting-Wars-Florida-Election-Meltdown/dp/0300182031/ref=sr_1_cc_2?s=aps&ie=UTF8&qid=1329286945&sr=1-2-catcorr>
/ I call for a national voter identification card coupled with universal
voter registration conducted by the federal government with the
government paying all expenses of getting the information necessary to
verify identity. This would eliminate double voting across states, make
voting rolls secure, and ensure access for everyone.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"Pennsylvania's Undemocratic Democracy; Candidates frequently get
tossed from the ballot before voters have a say. There's got to be a
better way." <http://electionlawblog.org/?p=61142>
Posted on May 2, 2014 8:26 am <http://electionlawblog.org/?p=61142>by
Rick Hasen <http://electionlawblog.org/?author=3>
Philly Mag.
<http://www.phillymag.com/news/2014/05/02/pennsylvanias-undemocratic-democracy/>
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Posted in ballot access <http://electionlawblog.org/?cat=46>
"Voter Fraud That Isn't" <http://electionlawblog.org/?p=61139>
Posted on May 2, 2014 7:54 am <http://electionlawblog.org/?p=61139>by
Rick Hasen <http://electionlawblog.org/?author=3>
Editorial
<http://www.news-record.com/blogs/clark_off_the_record/article_f2f6baf2-d184-11e3-9af1-001a4bcf6878.html>from
NC.
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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>
Justice Ginsburg Comments on Number of Bush v. Gore Dissents
<http://electionlawblog.org/?p=61136>
Posted on May 2, 2014 7:50 am <http://electionlawblog.org/?p=61136>by
Rick Hasen <http://electionlawblog.org/?author=3>
In this must-read Jess Bravin piece
<http://online.wsj.com/news/article_email/SB10001424052702303678404579536072435307790-lMyQjAxMTA0MDAwMjEwNDIyWj?tesla=y>,
there's this:
The importance of "one dissent instead of four" was driven home by
Bush v. Gore
<http://www.law.cornell.edu/supct/html/00-949.ZPC.html>, she said,
when the court moved quickly in December 2000 to accept, hear and
decide the suit Republican presidential candidate George W. Bush
<http://topics.wsj.com/person/B/George-W.-Bush/5369> filed to stop
Florida from counting votes. While the five conservatives issued a
single, unsigned opinion siding with Mr. Bush (along with a
three-justice concurrence adding additional reasons), each of the
four liberals filed a separate dissent.
"That happened because there was no time," Justice Ginsburg said.
"They took the case one day, briefs the next day, oral argument the
next day, opinions the next day."
And then Justice Stevens left town for his Florida condo. "There was
just no time for the four of us to get together." Regardless of its
consequences, few scholars of any stripe consider Bush v. Gore, with
its six separate majority and dissenting opinions, a model of clarity.
Bonus excerpts
<http://blogs.wsj.com/washwire/2014/05/02/excerpts-from-wsj-interview-with-justice-ruth-bader-ginsburg/>
from interview: RGB calls Dahlia Lithwick "kind of spicy."
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Posted in Bush v. Gore reflections <http://electionlawblog.org/?cat=5>,
Supreme Court <http://electionlawblog.org/?cat=29>
EJ Dionne Connects the Dots from Donald Sterling to Voter
Suppression <http://electionlawblog.org/?p=61134>
Posted on May 2, 2014 7:46 am <http://electionlawblog.org/?p=61134>by
Rick Hasen <http://electionlawblog.org/?author=3>
Column.
<http://www.washingtonpost.com/opinions/ej-dionne-nba-players-who-penalized-sterling-should-push-for-broader-change/2014/04/30/b051a0a2-d096-11e3-a6b1-45c4dffb85a6_story.html?wpmk=MK0000203>
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60>
Fisher, Lithwick, Rein, Sherman to Join UCI's Chacon, Chemerinsky
for SCOTUS Term in Review Event: Save the Date
<http://electionlawblog.org/?p=61132>
Posted on May 2, 2014 7:45 am <http://electionlawblog.org/?p=61132>by
Rick Hasen <http://electionlawblog.org/?author=3>
I'm delighted to announce the line up for the 4th annual UCI Law Supreme
Court Term in Review event to be held on July 10, 2014 at noon at UCI
law (with live webcast). We've got an unbelievable lineup of speakers
this year. Outside speakers are Jeff Fisher, Dahlia Lithwick, Burt
Rein, and Mark Sherman. They'll be joined by UCI Law's Jennifer Chacon
and Erwin Chemerinsky. I'll once again be moderating.
Details to come!
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>
"Governor tried to stop ad critical of her"
<http://electionlawblog.org/?p=61129>
Posted on May 2, 2014 7:39 am <http://electionlawblog.org/?p=61129>by
Rick Hasen <http://electionlawblog.org/?author=3>
Santa Fe New Mexican
<http://www.santafenewmexican.com/news/blogs/politics_and_news/governor-tried-to-stop-ad-critical-of-her/article_9b648f32-d15f-11e3-afbd-001a4bcf6878.html>:
Gov. Susana Martinez and her lawyers wanted to stop an ad critical
of her from airing in the Albuquerque television market.
The ad features a young Hispanic woman (attorney Oriana Sandoval),
who says: "Behind closed doors, Susana Martinez played along when
her staff laughed and shamed Spanish-speaking families, like mine.
Caught on tape, she refuses to apologize."
Better New Mexico Political Action Committee paid for the ad. The
committee is supported by Pat Davis' ProgressNow New Mexico, which
has been among Martinez's harshest critics.
Public records alerted Martinez's camp to the ad buy. Then her
lawyer, Paul M. Kienzle III, wrote to TV stations
<http://www.santafenewmexican.com/news/blogs/politics_and_news/governor-tried-to-stop-ad-critical-of-her/pdf_572fdaf4-d18e-11e3-8d86-0017a43b2370.html>,
saying the ad could be libelous.
More here
<http://joemonahansnewmexico.blogspot.com/2014_04_27_archive.html#9030793828211935858%239030793828211935858>
(second and third item).
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Posted in campaigns <http://electionlawblog.org/?cat=59>
"Judicial Independence as as Organizing Principle"
<http://electionlawblog.org/?p=61126>
Posted on May 2, 2014 7:36 am <http://electionlawblog.org/?p=61126>by
Rick Hasen <http://electionlawblog.org/?author=3>
Charles Geyh has posted this draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2387012>on SSRN
(forthcoming, /Annual Review of Law and Social Science/). Here is the
abstract:
Judicial independence is a sprawling topic. For some scholars, that
is its problem: it is an amoeba, a formless thing that changes shape
to serve its needs, and sustains itself by engulfing and absorbing
related and arguably more useful creatures it encounters. "Judicial
independence" is variously employed in normative and descriptive
ways; in absolute and relative terms; as a theoretical construct and
a practical safeguard; in regard to judges individually and
collectively; as an end in itself and a means to other ends; as a
matter of hard law and soft norm; and in relation to the "political"
branches of government, the media, the electorate, litigants,
interest groups, and judges themselves. Using "judicial
independence" to mean so many things provokes the criticism that it
means nothing at all. But that assumes the utility of judicial
independence turns on distilling it down to a unitary concept that
can be consistently applied across contexts. If instead, one begins
from the premise that judicial independence is not monolithic, but
has a range of meanings and applications that together delineate a
foundational component of the judicial role, then it is possible to
recast judicial independence as a useful, if polymorphous,
organizing principle.
My goal here is to elaborate on judicial independence as an
organizing principle by creating a structure within which to situate
the judicial independence literature. In short, I hope to give the
amoeba a backbone.
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Posted in judicial elections <http://electionlawblog.org/?cat=19>
White House Correspondents Dinner a "Three-Ring Circus of
Corporate-Sponsored Parties" <http://electionlawblog.org/?p=61124>
Posted on May 2, 2014 7:34 am <http://electionlawblog.org/?p=61124>by
Rick Hasen <http://electionlawblog.org/?author=3>
Here's the Bloomberg report.
<http://click.email.bloomberg.com/?qs=d94a6e52944be3aff90d24b6941c0f7822ef74daaa71dc8d245e367e9a1fd738>
That description appears in the email promoting the article, but not in
the article itself.
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Posted in campaigns <http://electionlawblog.org/?cat=59>
"GOP Operative Pulls Election 'Shenanigans' In New York House Race"
<http://electionlawblog.org/?p=61122>
Posted on May 2, 2014 7:31 am <http://electionlawblog.org/?p=61122>by
Rick Hasen <http://electionlawblog.org/?author=3>
Mother Jones
<http://www.motherjones.com/politics/2014/05/tom-reed-green-party-ballot-petition>:
"What kind of shenanigans are going on now?" That's what Darin
Robbins, a Green Party member in Corning, New York, thought when he
learned that a stranger had circulated a petition to place his name
on the ballot for a House race.
Robbins had no plans to seek office, so he was shocked a couple of
weeks ago when a Green Party secretary called to tell him that a
petition had been filed in his name to run against GOP Rep. Tom
Reed, the vulnerable first-term Republican who represents the 23rd
congressional district in upstate New York.
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Posted in ballot access <http://electionlawblog.org/?cat=46>, campaigns
<http://electionlawblog.org/?cat=59>, chicanery
<http://electionlawblog.org/?cat=12>
"States are Now Targets of Citizens United"
<http://electionlawblog.org/?p=61120>
Posted on May 2, 2014 7:29 am <http://electionlawblog.org/?p=61120>by
Rick Hasen <http://electionlawblog.org/?author=3>
Byron Tau reports
<http://www.politico.com/story/2014/05/citizens-united-states-general-majority-pac-106216.html>
for Politico.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Lawrence Lessig Starts a Super PAC"
<http://electionlawblog.org/?p=61118>
Posted on May 2, 2014 7:28 am <http://electionlawblog.org/?p=61118>by
Rick Hasen <http://electionlawblog.org/?author=3>
Harnessing politics
<http://www.nytimes.com/2014/05/02/upshot/lawrence-lessig-starts-a-super-pac.html?_r=2>
to change politics, as Heather likes to say.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
CCP Wants DC to Get Rid of District's Aggregate Contribution Limits
<http://electionlawblog.org/?p=61116>
Posted on May 2, 2014 7:27 am <http://electionlawblog.org/?p=61116>by
Rick Hasen <http://electionlawblog.org/?author=3>
Press release
<http://www.campaignfreedom.org/2014/04/30/group-urges-district-of-columbia-to-implement-supreme-court-decision-in-contribution-limits-case/>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Judicial Progress on Voter ID" <http://electionlawblog.org/?p=61114>
Posted on May 2, 2014 7:25 am <http://electionlawblog.org/?p=61114>by
Rick Hasen <http://electionlawblog.org/?author=3>
Josh Douglas
<http://www.huffingtonpost.com/joshua-a-douglas/judicial-progress-on-vote_b_5249929.html>
at HuffPo.
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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>
"When Immigrant Voter Fraud Was Real"
<http://electionlawblog.org/?p=61112>
Posted on May 2, 2014 7:24 am <http://electionlawblog.org/?p=61112>by
Rick Hasen <http://electionlawblog.org/?author=3>
Frank Wilkinson writes
<http://www.bloombergview.com/articles/2014-05-01/when-democratic-voter-fraud-was-real>
for Bloomberg View.
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Posted in chicanery <http://electionlawblog.org/?cat=12>
"Conyers might fail to qualify for ballot"
<http://electionlawblog.org/?p=61110>
Posted on May 2, 2014 7:23 am <http://electionlawblog.org/?p=61110>by
Rick Hasen <http://electionlawblog.org/?author=3>
Aaron Blake
<http://www.washingtonpost.com/blogs/post-politics/wp/2014/05/02/conyers-might-fail-to-qualify-for-ballot/>:
Rep. John Conyers (D-Mich.), who stands to become the
longest-serving member of Congress if he wins reelection this year,
might not even qualify for the ballot.
According to a new report in The Detroit News
<http://www.detroitnews.com/article/20140502/METRO01/305020038>, two
more people who gathered signatures for Conyers are not registered
voters in Michigan. Two others who were previously identified as not
having been registered now appear in state records as having
registered on Monday --- well after the campaign's signatures were
submitted.
Michigan requires those circulating petitions to be registered
voters in the state, and Conyers's primary opponent, Rev. Horace
Sheffield, is challenging the signatures on those grounds.
It's worth pointing out that some courts have held that residency
requirements for petition circulators are unconstitutional.
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Posted in ballot access <http://electionlawblog.org/?cat=46>, direct
democracy <http://electionlawblog.org/?cat=62>, petition signature
gathering <http://electionlawblog.org/?cat=39>
"The Public Eye: Big business channels money to California's
moderate Democrats" <http://electionlawblog.org/?p=61107>
Posted on May 1, 2014 1:03 pm <http://electionlawblog.org/?p=61107>by
Rick Hasen <http://electionlawblog.org/?author=3>
Important SacBee report.
<http://www.sacbee.com/2014/04/27/6356478/big-business-channels-money-to.html>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
legislation and legislatures <http://electionlawblog.org/?cat=27>,
lobbying <http://electionlawblog.org/?cat=28>
"Catch of the Day: More Voter Fraud Delusions"
<http://electionlawblog.org/?p=61105>
Posted on May 1, 2014 12:34 pm <http://electionlawblog.org/?p=61105>by
Rick Hasen <http://electionlawblog.org/?author=3>
Thanks Jonathan
<http://www.bloombergview.com/articles/2014-05-01/catch-of-the-day-more-voter-fraud-delusions>!
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>
"No, the South isn't turning purple anytime soon"
<http://electionlawblog.org/?p=61103>
Posted on May 1, 2014 12:32 pm <http://electionlawblog.org/?p=61103>by
Rick Hasen <http://electionlawblog.org/?author=3>
Aaron Blake writes
<http://www.washingtonpost.com/blogs/the-fix/wp/2014/05/01/no-the-south-isnt-turning-purple-anytime-soon/>
for WaPo.
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Posted in political parties <http://electionlawblog.org/?cat=25>,
political polarization <http://electionlawblog.org/?cat=68>
"Shining a Spotlight on How the Laboratories of Democracy Are
Administering Elections" <http://electionlawblog.org/?p=61101>
Posted on May 1, 2014 12:05 pm <http://electionlawblog.org/?p=61101>by
Rick Hasen <http://electionlawblog.org/?author=3>
Daniel Stid blogs
<http://www.hewlett.org/blog/posts/shining-spotlight-how-laboratories-democracy-are-administering-elections>.
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Posted in election administration <http://electionlawblog.org/?cat=18>
Must-Read Lyle Dennistion on SCOTUS Justices in the Public Realm
<http://electionlawblog.org/?p=61099>
Posted on May 1, 2014 11:58 am <http://electionlawblog.org/?p=61099>by
Rick Hasen <http://electionlawblog.org/?author=3>
Over at SCOTUSBlog.
<http://www.scotusblog.com/2014/05/commentary-from-the-bench-to-the-podium/>
I've been working on a longer term empirical project about this. More
to come at a later time.
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>
"The voter fraud bogeyman: Editorial"
<http://electionlawblog.org/?p=61097>
Posted on May 1, 2014 11:47 am <http://electionlawblog.org/?p=61097>by
Rick Hasen <http://electionlawblog.org/?author=3>
Star-Ledger editorial
<http://www.nj.com/opinion/index.ssf/2014/05/the_voter_fraud_bogeyman_editorial.html>.
Musical accompaniment. <https://www.youtube.com/watch?v=RKoZMke594A>
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Posted in election administration <http://electionlawblog.org/?cat=18>,
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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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