[EL] ELB News and Commentary 11/8/14

Fri Nov 7 20:13:32 PST 2014

    Joe Nocera Talks to Ira Glasser about Money and Politics, and the
    ACLU <http://electionlawblog.org/?p=68148>

Posted onNovember 7, 2014 8:11 pm 
<http://electionlawblog.org/?p=68148>byRick Hasen 
<http://electionlawblog.org/?author=3>

NYT. 
<http://www.nytimes.com/2014/11/08/opinion/joe-nocera-big-money-wins-again-in-a-romp.html?ref=politics>

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

    "Chastened Republicans Beat Democrats at Their Own Ground Game"
    <http://electionlawblog.org/?p=68146>

Posted onNovember 7, 2014 8:11 pm 
<http://electionlawblog.org/?p=68146>byRick Hasen 
<http://electionlawblog.org/?author=3>

Important NYT report. 
<http://www.nytimes.com/2014/11/08/us/politics/republicans-beat-democrats-at-their-own-ground-game.html?ref=politics>

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

    Another Story Likely Overclaiming on Effects of Voter ID Laws Etc.
    <http://electionlawblog.org/?p=68144>

Posted onNovember 7, 2014 8:07 pm 
<http://electionlawblog.org/?p=68144>byRick Hasen 
<http://electionlawblog.org/?author=3>

The Intercept: 
<https://firstlook.org/theintercept/2014/11/07/voter-suppression/> "the 
evidence is piling up that systematic voter suppression, including voter 
ID laws and dubious vote-fraud prevention software, played a significant 
part in keeping people from casting ballots, as well."

Not convincing.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>

    In Light of Today's Cert. Grant in the Health Care Case...
    <http://electionlawblog.org/?p=68142>

Posted onNovember 7, 2014 8:01 pm 
<http://electionlawblog.org/?p=68142>byRick Hasen 
<http://electionlawblog.org/?author=3>

Reupping my Slate piece, Bad Readers: The judges who ruled against 
Obamacare are following Scalia down a terrible path of interpretation. 
<http://www.slate.com/articles/news_and_politics/jurisprudence/2014/07/d_c_circuit_and_4th_circuit_obamacare_rulings_the_perils_of_following_scalia.html>

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

    "Federal Form for Voting is Ruled Valid"
    <http://electionlawblog.org/?p=68140>

Posted onNovember 7, 2014 7:50 pm 
<http://electionlawblog.org/?p=68140>byRick Hasen 
<http://electionlawblog.org/?author=3>

Eric Eckholm 
reports<http://www.nytimes.com/2014/11/08/us/politics/federal-form-for-voting-is-ruled-valid.html>for 
the NY Times.

My earlier coverage of today's 10th Circuit ruling in /Kobach v. EAC 
/ishere <http://electionlawblog.org/?p=68115>.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,Elections Clause 
<http://electionlawblog.org/?cat=70>,The Voting Wars 
<http://electionlawblog.org/?cat=60>

    Three-Judge Court Rejects One Person, One Vote Challenge to Texas
    Redistricting Plan <http://electionlawblog.org/?p=68137>

Posted onNovember 7, 2014 7:36 pm 
<http://electionlawblog.org/?p=68137>byRick Hasen 
<http://electionlawblog.org/?author=3>

Plaintiffs alleged that the legislature needed to use equal 
/voter/populations and not just equal /total/populations in each 
district.The three-judge court held 
<http://electionlawblog.org/wp-content/uploads/Evenwel-v-Perry.pdf>that 
the total population measure is not constitutionally required.

This case was brought byEd Blum's outfit, 
<http://www.projectonfairrepresentation.org/current-litigation/>which 
brought us /Shelby County /and /Fisher./ A direct appeal to the Supreme 
Court is possible.

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Posted inredistricting <http://electionlawblog.org/?cat=6>

    "December Surprise? States May Change The Electoral College System
    Before 2016? <http://electionlawblog.org/?p=68135>

Posted onNovember 7, 2014 7:20 pm 
<http://electionlawblog.org/?p=68135>byRick Hasen 
<http://electionlawblog.org/?author=3>

Rob Richie and Claire Daviss Roll Calloped 
<http://www.rollcall.com/news/december_surprise_states_may_change_the_electoral_college_system_before-237706-1.html>.

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Posted inelectoral college <http://electionlawblog.org/?cat=44>

    "Elections database crash worries registrars"
    <http://electionlawblog.org/?p=68133>

Posted onNovember 7, 2014 3:41 pm 
<http://electionlawblog.org/?p=68133>byRick Hasen 
<http://electionlawblog.org/?author=3>

WaPo 
<http://www.washingtonpost.com/local/virginia-politics/elections-database-crash-worries-registrar/2014/11/06/2b335632-65f0-11e4-9fdc-d43b053ecb4d_story.html>: 
"People trying to check results on the Virginia Board of Elections' Web 
site Tuesday night were temporarily stymied when the server became 
overloaded and crashed, officials said."

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

    "Money in the Midterms, and Beyond"
    <http://electionlawblog.org/?p=68131>

Posted onNovember 7, 2014 3:39 pm 
<http://electionlawblog.org/?p=68131>byRick Hasen 
<http://electionlawblog.org/?author=3>

Bauer blogs 
<http://www.moresoftmoneyhardlaw.com/2014/11/money-midterms-beyond/>.

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

    "Republicans Only Got 52 Percent of the Vote in House Races; How did
    they end up with 57 percent of the seats?"
    <http://electionlawblog.org/?p=68129>

Posted onNovember 7, 2014 3:38 pm 
<http://electionlawblog.org/?p=68129>byRick Hasen 
<http://electionlawblog.org/?author=3>

Rob Richie 
<http://www.thenation.com/article/188801/republicans-only-got-52-percent-vote-house-races>for 
The Nation.

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Posted inalternative voting systems 
<http://electionlawblog.org/?cat=63>,redistricting 
<http://electionlawblog.org/?cat=6>

    "Media Wrap-Up: How Voters Fared With New Restrictions"
    <http://electionlawblog.org/?p=68127>

Posted onNovember 7, 2014 3:34 pm 
<http://electionlawblog.org/?p=68127>byRick Hasen 
<http://electionlawblog.org/?author=3>

Brennan Center. 
<http://www.brennancenter.org/blog/media-wrap-how-voters-fared-new-restrictions>

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>

    Jossey on Lessig/MayDay PAC <http://electionlawblog.org/?p=68125>

Posted onNovember 7, 2014 3:32 pm 
<http://electionlawblog.org/?p=68125>byRick Hasen 
<http://electionlawblog.org/?author=3>

Here 
<http://dailycaller.com/2014/11/07/a-mayday-pac-postmortem-lawrence-lessig-and-the-right-to-lose/>, 
at the Daily Caller.

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

    Gillespie Concedes in #VASEN <http://electionlawblog.org/?p=68123>

Posted onNovember 7, 2014 3:21 pm 
<http://electionlawblog.org/?p=68123>byRick Hasen 
<http://electionlawblog.org/?author=3>

AP reports 
<http://talkingpointsmemo.com/news/ed-gillespie-concedes-virginia-senate> he's 
conceded with Warner up 16,000.

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

    Lessig Responds to Critics on MayDay PAC
    <http://electionlawblog.org/?p=68120>

Posted onNovember 7, 2014 2:52 pm 
<http://electionlawblog.org/?p=68120>byRick Hasen 
<http://electionlawblog.org/?author=3>

Here <http://blog.mayday.us/post/102039693965/reporting-back>:

    This partisan reality suggests an obvious strategic response: Rather
    than battles that force supporters of reform to betray their party
    loyalties, we need to focus on races where a partisan battle is not
    an issue. We need to engage in more primaries. The data supports the
    idea that we could move partisan voters towards our issue in safe
    seats more easily than contested seats. And that means supporting
    candidates in primaries in safe seats who would make our issue
    central, so we give voters a chance to vote for reform without
    worrying that they would weaken the chance that their party would win.

    That's just one of the lessons we've discovered so far. There's more
    in this memo <https://mayday.us/campaigns/20141107-reporting-back/>.
    By the end of the month, we will release our final data analysis,
    along with all the data we have used to make that analysis, so that
    others can crunch the numbers and draw their own conclusions.

    There is no hiding the fact that Tuesday will make it hard to
    convince the skeptics. The "moonshot" that we launched in May
    assumed the only way that we'd win over the skeptics was if we did
    what they said couldn't be done. We didn't. They remain skeptical.
    And the ultimate question for us will be whether that skepticism
    makes our plan just too ambitious.

    At this point, I am unsure. I have been overwhelmed by the emails
    from many of you, pledging continued, even greater support for our
    cause going forward. Thank you for that. But my commitment from the
    start was not to waste your time or money. And so we will study
    carefully what next steps make sense, given the lessons we have learned.

    There's no question about whether we're giving up. We can't give up.
    You know that we must win this fight, and I continue to believe that
    when voters see that victory is possible, their love of country will
    inspire them to act.

    We need to show them victory is possible. Because it is. And because
    of your commitment and support, we are one critical step closer.

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

    Breaking: 10th Circuit, in Major Voting Case, Rejects Kansas and
    Arizona Citizenship Proof Requirement
    <http://electionlawblog.org/?p=68115>

Posted onNovember 7, 2014 2:18 pm 
<http://electionlawblog.org/?p=68115>byRick Hasen 
<http://electionlawblog.org/?author=3>

You can read the unanimous 10th Circuit opinion in Kobach v. U.S. EAC, 
reversing the lower court,at this link. 
<http://electionlawblog.org/wp-content/uploads/kobach-eac-10th.pdf>  
Kansas and Arizona tried to force the federal government to require 
those who register to vote using a simple federal form for voter 
registration include proof of citizenship if the voter is a KS or AZ 
resident. (Update: To be clear, this case concerns only whether AZ or KS 
have to accept federal form without additional proof of citizenship. For 
those who register with AZ or KS forms, the states can still demand 
proof of citizenship.)

The lower court sided with the states, but the federal government won 
with a reversal on appeal. The case could well be headed to the Supreme 
Court as a major dispute over federal versus state power in voting.

 From the opinion's conclusion:

    Kobach's and Bennett's argument that the states' Qualifications
    Clause powers trump Congress' Elections Clause powers is foreclosed
    by precedent. In ITCA, the Court clearly held that Congress'
    Elections Clause powers preempt state laws governing the "Times,
    Places and Manner" of federal elections, including voter
    registration laws. 133 S. Ct. at 2253. Citing the Federalist Papers,
    the Court noted that the Framers expressly rejected giving the
    states exclusive authority to regulate federal elections because
    "an exclusive power of regulating elections for the national
    government, in the hands of the State legislatures, would leave the
    existence of the Union entirely at their mercy." Id.Only the
    dissenting opinion by Justice Thomas endorses the theory that
    Arizona and Kansas press before this court. Id. at 2266-69 (Thomas,
    J., dissenting). The dissent proves the point....

    In sum, the EAC had valid authority under HAVA to subdelegate
    decisionmaking authority to its Executive Director relating to the
    contents of the Federal Form. Under the unique circumstances of this
    case (involving a quorum-less EAC), an appeal from the Executive
    Director's decision to deny the states' requests to modify the
    contents of the Federal Form was impracticable. Consequently, the
    Executive Director's decision constitutes final agency action. And
    that action---which fell within the bounds of the subdelegation that
    the EAC issued when it had a quorum---was procedurally valid.

    Contrary to Kobach's and Bennett's claims, the NVRA does not impose
    a ministerial duty on the EAC to approve state requests to change
    the Federal Form. The Executive Director's denial of the states'
    requests survives our APA review, and the states' constitutional
    claims are unavailing. We therefore REVERSE the ruling of the
    district court and REMAND the case to the district court with
    instructions to vacate its order instructing the EAC to modify the
    Federal Form.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,Election Assistance Commission 
<http://electionlawblog.org/?cat=34>,Elections Clause 
<http://electionlawblog.org/?cat=70>,Supreme Court 
<http://electionlawblog.org/?cat=29>,The Voting Wars 
<http://electionlawblog.org/?cat=60>

-- 
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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