[EL] ELB News and Commentary 12/1/14
Rick Hasen
rhasen at law.uci.edu
Sun Nov 30 21:14:56 PST 2014
"Recount set to begin in Barber-McSally race"
<http://electionlawblog.org/?p=68721>
Posted onNovember 30, 2014 9:13 pm
<http://electionlawblog.org/?p=68721>byRick Hasen
<http://electionlawblog.org/?author=3>
The Arizona Republic reports.
<http://www.azcentral.com/story/news/arizona/politics/2014/11/30/ron-barber-martha-mcsally-recount/19694257/>
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,recounts
<http://electionlawblog.org/?cat=50>
"International Conference: Legisprudence and the Legislative
Process: From Theory to Practice" <http://electionlawblog.org/?p=68718>
Posted onNovember 30, 2014 1:24 pm
<http://electionlawblog.org/?p=68718>byRick Hasen
<http://electionlawblog.org/?author=3>
A great event
<http://electionlawblog.org/wp-content/uploads/Confrence-Plan-Final.pdf>Dec.
10-11 in Israel that I was hoping to attend but could not because of a
scheduling conflict.
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Posted inlegislation and legislatures
<http://electionlawblog.org/?cat=27>,statutory interpretation
<http://electionlawblog.org/?cat=21>
"A Facebook Change Makes It Harder for Political Campaigns to See
Your Friends" <http://electionlawblog.org/?p=68715>
Posted onNovember 28, 2014 9:04 pm
<http://electionlawblog.org/?p=68715>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT's The UpShot reports.
<http://www.nytimes.com/2014/11/29/upshot/a-facebook-change-makes-it-harder-for-political-campaigns-to-see-your-friends.html?ref=politics&abt=0002&abg=0>
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Posted incampaigns <http://electionlawblog.org/?cat=59>
"With contribution limits off, Emanuel reels in more cash"
<http://electionlawblog.org/?p=68713>
Posted onNovember 28, 2014 4:04 pm
<http://electionlawblog.org/?p=68713>byRick Hasen
<http://electionlawblog.org/?author=3>
Chicago Tribune
<http://www.chicagotribune.com/news/ct-rahm-emanuel-fundraising-caps-20141127-story.html>:
Mayor Rahm Emanuel has received $400,000 in political donations that
he was able to keep only because the state's campaign contribution
limits were eliminated through the actions of an obscure candidate
who threatened to run, but didn't.
The contribution limits were lifted for everyone in the Chicago
mayoral race last month after frequent local candidate William J.
Kelly filed paperwork in October showing he gave his own campaign
$100,000. Under state law, once a candidate in a local race
contributes $100,000 to his or her own campaign within one year of
an election, the state contribution caps no longer apply.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
More from Judge Kopf <http://electionlawblog.org/?p=68711>
Posted onNovember 28, 2014 4:01 pm
<http://electionlawblog.org/?p=68711>byRick Hasen
<http://electionlawblog.org/?author=3>
Here
<http://herculesandtheumpire.com/2014/11/28/kopf-to-aba-blog-contest-please-accept-my-resignation-i-dont-care-to-belong-to-any-club-that-will-have-me-as-a-member/>,
upon learning he was picked for the ABA Journal's Blawg 100:
That really, really pissed me off.
I have done everything I can to be excluded from such idiocy. I have
insulted female trial lawyers because I am a dirty old man. I
expressed my view that Congress should go to hell. I told the
Supreme Court to STFU. I engaged in a myriad of snarky exchanges
with oh-so-brilliant law professors. I expressed my virulent
anti-Catholic bias. Of course, I'm clearly a racist too! (In fact, I
am/so/tempted to scream "Burn this bitch down" that I can hardly
stand it.)
What the hell more can I do to get thrown off this list of bull shit?
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
"Ron Barber's request to count 133 votes denied'
<http://electionlawblog.org/?p=68708>
Posted onNovember 28, 2014 3:57 pm
<http://electionlawblog.org/?p=68708>byRick Hasen
<http://electionlawblog.org/?author=3>
AP
<http://www.azcentral.com/story/news/arizona/politics/2014/11/27/ron-barber-martha-mcsally-congress-recount/19586107/>:
The 133 ballots at the heart of a federal lawsuit in southern
Arizona over election results in the hotly contested 2nd
Congressional District will not be counted after all.
U.S. District Judge Cindy Jorgenson denied a request Thursday by
U.S. Rep. Ron Barber and three voters to halt the official election
results certification until the ballots of 133 lawful voters are
counted. The official statewide election canvass is scheduled for
Monday morning.
You can read the trial court's 15-page order denying a TROhere
<http://electionlawblog.org/wp-content/uploads/barber.pdf>.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,provisional ballots
<http://electionlawblog.org/?cat=67>,recounts
<http://electionlawblog.org/?cat=50>
"Groups funded by secret donors buffeted two dozen House races in
2014? <http://electionlawblog.org/?p=68706>
Posted onNovember 28, 2014 3:48 pm
<http://electionlawblog.org/?p=68706>byRick Hasen
<http://electionlawblog.org/?author=3>
Matea Gold
<http://www.washingtonpost.com/politics/groups-funded-by-secret-donors-buffeted-two-dozen-house-races-in-2014/2014/11/28/ad0dd774-7584-11e4-bd1b-03009bd3e984_story.html>for
WaPo:
The innocuous-sounding group was among a wave of organizations
funded by secret donors that set a new high-water mark in the 2014
midterms, spending more than $170 million on congressional races,
according to the nonpartisanCenter for Responsive Politics
<http://www.opensecrets.org/outsidespending/summ.php?cycle=2014&chrt=V&disp=O&type=U>.
And as the Renfroe case suggests, it wasn't just high-profile,
expensive Senate contests: Secret-money groups had a major presence
in more than two dozen lesser-known House races as well, according
to a Washington Post analysis of campaign finance data compiled by CRP.
In 13 House races, non-disclosing groups spent at least $1 million
on political ads and voter outreach. In another 17 House campaigns,
they made up more than half of the spending by independent groups
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,tax law
and election law <http://electionlawblog.org/?cat=22>
"North Carolina widow fulfills husband's dying wish, is charged with
voter fraud" <http://electionlawblog.org/?p=68704>
Posted onNovember 28, 2014 3:38 pm
<http://electionlawblog.org/?p=68704>byRick Hasen
<http://electionlawblog.org/?author=3>
NYDN
<http://www.nydailynews.com/news/national/widow-fulfills-husband-charged-voter-fraud-article-1.2026312>:
"When she was confronted about the [absentee] vote, she said it was her
husband's last dying wish to vote on the Republican ticket, but he died
a few months before he was able."
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
"L.A. voters won't be offered cash prizes in March city election"
<http://electionlawblog.org/?p=68702>
Posted onNovember 28, 2014 3:35 pm
<http://electionlawblog.org/?p=68702>byRick Hasen
<http://electionlawblog.org/?author=3>
The LA Times reports.
<http://www.latimes.com/local/cityhall/la-me-election-lottery-20141127-story.html>
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Posted invote buying <http://electionlawblog.org/?cat=43>,voting
<http://electionlawblog.org/?cat=31>
Happy Thanksgiving! <http://electionlawblog.org/?p=68700>
Posted onNovember 26, 2014 4:46 pm
<http://electionlawblog.org/?p=68700>byRick Hasen
<http://electionlawblog.org/?author=3>
To all #ELB readers, a happy and peaceful and reflective Thanksgiving.
Thanks to you for reading!
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
How to Confirm Your Ballot Was Counted (in Some Jurisdictions)
<http://electionlawblog.org/?p=68698>
Posted onNovember 26, 2014 4:25 pm
<http://electionlawblog.org/?p=68698>byRick Hasen
<http://electionlawblog.org/?author=3>
Steve Kornacki
<https://twitter.com/SteveKornacki/status/537728644454416384>:
How I confirmed my ballot was actually counted: Writing in a random
name for a random
office.http://vote.nyc.ny.us/downloads/pdf/results/2014/2014General/00101400001New%20York%20Justice%20of%20the%20Supreme%20Court%201st%20Judicial%20District%20Recap.pdf...
<http://t.co/9BGHy4TSAM>(h/t@*Azi* <https://twitter.com/Azi>)
Brilliant
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
"'Phantom' Ballots in Maine State Senate Recount Reverse Result From
Democratic to Republican" <http://electionlawblog.org/?p=68696>
Posted onNovember 26, 2014 3:13 pm
<http://electionlawblog.org/?p=68696>byRick Hasen
<http://electionlawblog.org/?author=3>
Fascinating story<http://www.bradblog.com/?p=10959>at the Brad Blog.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,recounts
<http://electionlawblog.org/?cat=50>
"DC Federal Judge Strikes a Blow Against Dark Money --- But Will It
Hold?" <http://electionlawblog.org/?p=68694>
Posted onNovember 26, 2014 2:24 pm
<http://electionlawblog.org/?p=68694>byRick Hasen
<http://electionlawblog.org/?author=3>
Daniel Weiner
<http://www.brennancenter.org/blog/judge-strikes-blow-against-dark-money>:
Proponents of disclosure have every right to celebrate, but the
future of this issue is far from clear. Judge Jackson's order will
almost certainly be appealed again to the D.C. Circuit, and from
there could head to the Supreme Court. Sooner or later, the Court
will have to confront the gap between the picture of full disclosure
it has painted in its rhetoric and the dark money reality its
decisions have actually fostered. Nobody, maybe not even the
justices, knows what will happen then.
In the meantime, the practical impact of yesterday's decision will
be limited. Through a quirk in the law, ECs are now subject
to/more/disclosure than communications containing an explicit call
to vote for or against a candidate (which have their own loophole).
Political spenders need only tweak the language of their ads to
continue keeping their donors secret. In fact,most have already
done so <http://www.opensecrets.org/outsidespending/>. The use of
ECs declined precipitously following Judge Jackson's 2012 ruling,
and has never really rebounded. So little will change. Real,
comprehensive reform will have to wait for another day.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Studies Back Up That Few Elections Are Swung by Voter ID Laws"
<http://electionlawblog.org/?p=68692>
Posted onNovember 26, 2014 11:19 am
<http://electionlawblog.org/?p=68692>byRick Hasen
<http://electionlawblog.org/?author=3>
Nate Cohn
<http://www.nytimes.com/2014/11/27/upshot/what-studies-show-about-the-effect-of-voter-id-laws.html?_r=0&abt=0002&abg=0>for
NYT's The UpShot:
Last week, I wrote an article arguing thatvoter ID laws don't swing
many elections
<http://www.nytimes.com/2014/11/20/upshot/why-voter-id-laws-dont-swing-many-elections.html>.
This week, the Brennan Center for Justice says I have it "wrong
<https://twitter.com/BrennanCenter/status/537270030225145857>" on
voter ID. Yet, oddly, it's hard to find a place we disagree.
More:
In my original article, I wrote a paragraph that read: "Take Texas,
a state with a particularly onerous voter ID law. If I register to
vote as 'Nate' but my ID says 'Nathan,' I might be counted among the
hundreds of thousands of registered voters without a photo ID. But
I'll be fine at the polling station on Election Day with a name
that's 'substantially similar' to the one on file." The Brennan
Center interprets this paragraph to mean that I would not be counted
in the Texas study as lacking ID.
This was unclear. My point in invoking Texas was not to discuss Mr.
Ansolabehere's matching procedures, but to note that even a state
with a stringent ID law, like Texas, would accept a name that's
"substantially similar" to the one on file. I was not disputing that
there are states using these matching procedures, just trying to
show the potential complications involving people who could be
counted as without photo identification but could nevertheless vote
in a state with a particularly strong voter ID law.
This quibble aside, the Brennan article is consistent with my own
about the small chances for swinging election outcomes. It considers
the Texas study stands above its peers because of its rigorous and
detailed matching procedures. But the Texas data is in line with my
argument, and even if it weren't, my broader argument would stand:
Voter ID laws do not swing many elections, because people without
identification do not represent a large share of registered voters;
they are particularly unlikely to vote; and a share of them will
vote Republican.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter id
<http://electionlawblog.org/?cat=9>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
"Plaintiffs Seek Expedited Appeal in Texas Voter ID Case to Restore
Right to Vote for Hundreds of Thousands in 2015 Elections"
<http://electionlawblog.org/?p=68690>
Posted onNovember 26, 2014 11:15 am
<http://electionlawblog.org/?p=68690>byRick Hasen
<http://electionlawblog.org/?author=3>
Press release
<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=2710:november-26-2014-plaintiffs-seek-expedited-appeal-in-texas-voter-id-case-to-restore-right-to-vote-for-hundreds-of-thousands-in-2015-elections&catid=63:legal-center-press-releases&Itemid=61>:
Today, attorneys at the Campaign Legal Center, who serve as co-counsel
for plaintiffs Congressman Marc Veasey and LULAC, filed amotion to
expedite
<http://www.campaignlegalcenter.org/images/Veasey_v_Perry_Motion_to_Expedite_as_Filed_11-26-14.pdf>a
pending appeal in the Fifth Circuit Court of Appeals in/Veasey v.
Perry/---the challenge to Texas' overly restrictive photo ID law (SB 14).
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter id
<http://electionlawblog.org/?cat=9>
"FEC, FCC AND 2016? <http://electionlawblog.org/?p=68688>
Posted onNovember 26, 2014 11:11 am
<http://electionlawblog.org/?p=68688>byRick Hasen
<http://electionlawblog.org/?author=3>
Meredith McGehee
<http://www.clcblog.org/index.php?option=com_content&view=article&id=583:fec-fcc-and-2016>:
Broadcast stations made money hand-over-fist this year on political
advertisements even though it was a non-presidential election year.
Spending on TV ads in federal and gubernatorial races topped $1
billion, according to the Wesleyan Media Project.
One-quarter of that spending (about $250 million) came from groups
that are supposedly independent of the candidates. And $100 million
of that spending came from "dark-money" groups that don't disclose
their donors even though they are spending millions to affect the
outcome of elections. Of course, many of the ads aired by these
non-candidate groups were negative, and many were run in barely
masked coordination with a candidate. For example, Kentucky Senator
Mitch McConnell (R) and others put "B-Roll" on the Internet so that
outside groups could copy parts of the footage and use it in their
ads. In North Carolina, the campaign manager of Senator-elect Thom
Tillis (R)publicized a 1,000-word plan that detailed what kind of ad
buys were needed to assist the Tillis' campaign. Yet, somehow we
are supposed to believe there was no coordination.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
Here's to Wishing a Speedy and Full Recovery to Justice Ginsburg
<http://electionlawblog.org/?p=68685>
Posted onNovember 26, 2014 8:00 am
<http://electionlawblog.org/?p=68685>byRick Hasen
<http://electionlawblog.org/?author=3>
The
Justice<http://www.scotusblog.com/2014/11/ginsburg-has-heart-surgery/>had a
stent implanted in a minor heart surgical procedure today.
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>
"Duke Mathematicians Investigate 2012 Election Results"
<http://electionlawblog.org/?p=68683>
Posted onNovember 26, 2014 7:59 am
<http://electionlawblog.org/?p=68683>byRick Hasen
<http://electionlawblog.org/?author=3>
WUNC reports.
<http://wunc.org/post/duke-mathematicians-investigate-2012-election-results>
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
"Ballot Bedlam" <http://electionlawblog.org/?p=68681>
Posted onNovember 26, 2014 7:43 am
<http://electionlawblog.org/?p=68681>byRick Hasen
<http://electionlawblog.org/?author=3>
Sam Issacharoff has postedthis
draft<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2524469>on
SSRN. Here is the abstract:
In both law and public scrutiny, renewed attention is being given to
the simple act of casting a ballot. At a time when the formal act of
voting has been relaxed, and more than a third of Americans cast
their ballots in another manner than voting at the polls on Election
Day, there is a decided pushback. In some sense this is hardly
novel; question of ballot integrity and ballot access have been a
recurring issue in the U.S. from Reconstruction to the Civil Rights
Era. In both of these previous eras, enfranchisement and
disenfranchisement had a partisan edge, but were understood to be
battles over the black franchise -- and properly so. Whether that
remains the case is the subject of this Article, first presented as
the Currie Lecture at Duke Law School.
The inquiry begins with the partisan implications of turnout and
focuses primarily on the partisan dimension of new efforts at ballot
restriction. The main thesis is that while issues of the franchise
correlate with race, as does the partisan divide between Democrats
and Republicans, the new battles over ballot access do not readily
lend themselves to a narrative that focuses primarily on racial
exclusion. Rather they point to a deep vulnerability of American
democracy in entrusting election administration and election
eligibility to local partisan control.
Looking forward to reading this!
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
"Election ads were about issues, says 'Carolina Rising' chief;
Conservative 'dark money' group plans to stick around aw"
<http://electionlawblog.org/?p=68678>
Posted onNovember 26, 2014 7:39 am
<http://electionlawblog.org/?p=68678>byRick Hasen
<http://electionlawblog.org/?author=3>
CPI reports.
<http://www.publicintegrity.org/2014/11/26/16328/election-ads-were-about-issues-says-carolina-rising-chief>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Federal judge tosses out FEC donor disclosure rule, calling it too
narrow" <http://electionlawblog.org/?p=68676>
Posted onNovember 26, 2014 7:38 am
<http://electionlawblog.org/?p=68676>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo reports.
<http://www.washingtonpost.com/blogs/post-politics/wp/2014/11/25/federal-judge-tosses-out-fec-donor-disclosure-rule-calling-it-too-narrow/>
MORE
<http://www.latimes.com/nation/politics/politicsnow/la-pn-election-spending-ruling-20141125-story.html>from
LAT.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
--
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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