[EL] more news 5/5/14/correction re CA SOS race
Rick Hasen
rhasen at law.uci.edu
Mon May 5 08:14:49 PDT 2014
<http://electionlawblog.org/>
Justice Kagan Raises Prospect of Prayer at Polling Places; Justice
Alito Responds <http://electionlawblog.org/?p=61219>
Posted on May 5, 2014 8:01 am <http://electionlawblog.org/?p=61219>by
Rick Hasen <http://electionlawblog.org/?author=3>
Justice Kagan, dissenting in today's Supreme Court case of Town of
Greece v. Gallowa
<http://www.supremecourt.gov/opinions/13pdf/12-696_4f57.pdf>y, writes:
To begin to see what has gone wrong in the Town of Greece, consider
several hypothetical scenarios in which sectarian prayer---taken
straight from this case's record---infuses governmental activities.
None involves, as this case does, a proceeding that could be
characterized as a legislative session, but they are useful to
elaborate some general principles. In each instance, assume (as was
true in Greece) that the invocation is given pursuant to government
policy and is representative of the prayers generally offered in the
designated setting:...
It's election day, and you head over to your local polling place to
vote. As you and others wait to give your names and receive your
ballots, an election official asks everyone there to join him in
prayer. He says: "We pray this [day] for the guidance of the Holy
Spirit as [we vote] . . . . Let's just say the Our Father together.
'Our Father, who art in Heaven, hallowed be thy name; thy Kingdom
come, thy will be done, on earth as it is in Heaven. . . .'" Id., at
56a. And after he concludes, he makes the sign of the cross, and
appears to wait expectantly for you and the other prospective voters
to do so too....
When a person goes to court, a polling place, or an immigration
proceeding---I could go on: to a zoning agency, a parole board
hearing, or the DMV---government officials do not engage in
sectarian worship, nor do they ask her to do likewise. They all
participate in the business of government not as Christians, Jews,
Muslims (and more), but only as Americans---none of them different
from any other for that civic purpose. Why not, then, at a town meeting?
Justice Alito, concurring with the majority, writes on this point:
This brings me to my final point. I am troubled by the message that
some readers may take from the principal dissent's rhetoric and its
highly imaginative hypotheticals. For example, the principal dissent
conjures up the image of a litigant awaiting trial who is asked by
the presiding judge to rise for a Christian prayer, of an official
at a polling place who conveys the expectation that citizens wishing
to vote make the sign of the cross before casting their ballots, and
of an immigrant seeking naturalization who is asked to bow her head
and recite a Christian prayer. Although I do not suggest that the
implication is intentional, I am concerned that at least some
readers will take these hypotheticals as a warning that this is
where today's decision leads---to a country in which religious
minorities are denied the equal benefits of citizenship.
Nothing could be further from the truth. All that the Court does
today is to allow a town to follow a practice that we have
previously held is permissible for Congress and state legislatures.
In seeming to suggest otherwise, the principal dissent goes far astray.
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>
"Former Justices Aren't Above Playing Politics; A call for
constitutional change provokes critics."
<http://electionlawblog.org/?p=61217>
Posted on May 5, 2014 7:13 am <http://electionlawblog.org/?p=61217>by
Rick Hasen <http://electionlawblog.org/?author=3>
Tony Mauro
<http://www.nationallawjournal.com/id=1202653707941/Former+Justices+Arent+Above+Playing+Politics%3Fmcode=0&curindex=0&curpage=ALL>on
the Justice Stevens testimony controversy.
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Posted in Bush v. Gore reflections <http://electionlawblog.org/?cat=5>,
campaign finance <http://electionlawblog.org/?cat=10>, Supreme Court
<http://electionlawblog.org/?cat=29>
"CFI's Launches New Project on Money and Polarization in the 2014
Congressional Primaries" <http://electionlawblog.org/?p=61215>
Posted on May 5, 2014 7:05 am <http://electionlawblog.org/?p=61215>by
Rick Hasen <http://electionlawblog.org/?author=3>
Press release
<http://cfinst.org/Press/PReleases/14-05-05/CFI%E2%80%99s_Launches_New_Project_on_Money_and_Polarization_in_the_2014_Congressional_Primaries.aspx>:
"Today, as the congressional primary season heats up, the Campaign
Finance Institute is announcing the public launch of its Project on
Money and Polarization in the 2014 Primaries. This first step includes a
new web tool <http://cfinst.org/Federal/election_2014/primaries.aspx>
through which the general public can track candidates' money and
independent spending in every Senate and House primary, in real time.
This will be followed by a major paper and conference in the fall. "
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
political parties <http://electionlawblog.org/?cat=25>, political
polarization <http://electionlawblog.org/?cat=68>, primaries
<http://electionlawblog.org/?cat=32>
"Exclusive: Ohio GOP's secret voting scheme deliberations"
<http://electionlawblog.org/?p=61213>
Posted on May 5, 2014 6:59 am <http://electionlawblog.org/?p=61213>by
Rick Hasen <http://electionlawblog.org/?author=3>
Salon reports
<http://www.salon.com/2014/05/05/exclusive_new_emails_reveal_ohio_gops_voting_scheme_deliberations/>.
Unless I'm missing it I do not see where Salon posts these emails to
examine.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>
"This Man is the Future of Super PACs"
<http://electionlawblog.org/?p=61211>
Posted on May 5, 2014 6:52 am <http://electionlawblog.org/?p=61211>by
Rick Hasen <http://electionlawblog.org/?author=3>
Shane Goldmacher profiles
<http://www.nationaljournal.com/magazine/this-man-is-the-future-of-super-pacs-20140505>
John Jordan.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Republican Civil War Peaks as Primaries Test Tea Party"
<http://electionlawblog.org/?p=61209>
Posted on May 5, 2014 6:51 am <http://electionlawblog.org/?p=61209>by
Rick Hasen <http://electionlawblog.org/?author=3>
Bloomberg reports.
<http://www.bloomberg.com/news/2014-05-05/republican-civil-war-peaks-as-primaries-test-tea-party.html?alcmpid=washington>
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Posted in political parties <http://electionlawblog.org/?cat=25>,
political polarization <http://electionlawblog.org/?cat=68>, primaries
<http://electionlawblog.org/?cat=32>
Bauer on Deference to Elected Officials in Drafting Campaign Laws
<http://electionlawblog.org/?p=61207>
Posted on May 5, 2014 6:50 am <http://electionlawblog.org/?p=61207>by
Rick Hasen <http://electionlawblog.org/?author=3>
Here <http://www.moresoftmoneyhardlaw.com/2014/05/deference/>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Mary Jo White Doesn't Scare Anybody; Obama's SEC chief has whiffed
on regulating corporations " <http://electionlawblog.org/?p=61205>
Posted on May 5, 2014 6:49 am <http://electionlawblog.org/?p=61205>by
Rick Hasen <http://electionlawblog.org/?author=3>
Alec MacGillis writes
<http://www.newrepublic.com/article/117632/secs-mary-jo-white-whiffs-transparency-wall-street-dark-money>at
TNR.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Would Justice Stevens allow 'reasonable' limits on a free press?"
<http://electionlawblog.org/?p=61203>
Posted on May 5, 2014 6:47 am <http://electionlawblog.org/?p=61203>by
Rick Hasen <http://electionlawblog.org/?author=3>
Michael McGough writes
<http://www.latimes.com/opinion/opinion-la/la-ol-stevens-campaign-citizens-united-20140501,0,186118.story#axzz30oFOzIrf>
at the Opinion LA blog of the LA Times.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
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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>
LA Times Endorses Pete Peterson, Only [Major] Republican Preference
Candidate for Secretary of State, Because He Would Focus on "the
More Mundane Tasks of the Job" <http://electionlawblog.org/?p=61196>
Posted on May 4, 2014 9:10 pm <http://electionlawblog.org/?p=61196>by
Rick Hasen <http://electionlawblog.org/?author=3>
Just as interesting
<http://www.latimes.com/opinion/endorsements/la-ed-end-secretary-of-state-20140504,0,4204662.story#axzz30oKeggZ0>
is why the Times does not like the "reform" candidates in the race:
Like Peterson, Derek Cressman, a Democrat, has excellent
qualifications for the job. As an executive with the good-government
group Common Cause, Cressman advocated for fair elections and
campaign finance reform, and he would continue that advocacy as
secretary of state. He has intelligent ideas about how to improve
voter education, including creating an online voter guide with
candidate videos, footage of debates and campaign contribution data.
Similarly, Dan Schnur would fight for anti-corruption laws,
including banning political contributions during the legislative
session. A former Republican consultant who became the director of
the Jesse M. Unruh Institute of Politics at USC, Schnur is running
as an independent and hopes to be the first independent candidate
elected to statewide office.
But both Cressman and Schnur are too focused on making the office a
bully pulpit for political reform rather than addressing the more
mundane tasks of the job.
State Sen. Alex Padilla
<http://www.latimes.com/topic/politics/government/alex-padilla-PEPLT00008179.topic>
(D-Pacoima) has immersed himself in the details of the job, meeting
with most county election officials and introducing bills to ban
campaign contributions in the final 100 days of the legislative
session and to increase the frequency of campaign finance
disclosures. Yet we are concerned that Padilla sees the job merely
as a steppingstone to higher office, at a moment when California
needs a secretary of state who is 100% committed to modernizing the
office, creating more transparent political campaigns and helping
increase the number of educated, engaged and voting citizens.
*Note: I have updated the title of this post because it turns out there
is another Republican preference candidate in the race, Roy Allmond.*
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Posted in election administration <http://electionlawblog.org/?cat=18>
--
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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