[EL] Breaking NC news / more news 10/8/14
Justin Levitt
levittj at lls.edu
Wed Oct 8 16:21:11 PDT 2014
Breaking News: SCOTUS issues NC order, restrictions back in effect
<http://electionlawblog.org/?p=66538>
Posted onOctober 8, 2014 4:19 pm
<http://electionlawblog.org/?p=66538>byJustin Levitt
<http://electionlawblog.org/?author=4>
Sure, just after Rick leaves. Late Wednesday, the Supreme Courtstayed
<https://s3.amazonaws.com/s3.documentcloud.org/documents/1311436/14a358-nc.pdf>the
4th Circuit'searlier opinion
<http://electionlawblog.org/wp-content/uploads/NC-Opinion.pdf>blocking
North Carolina's rollback of same-day registration and its decision to
no longer count ballots cast out-of-precinct. Free of the double
negatives: the full slate of changes passed by North Carolina this year,
increasing restrictions on the voting process, is now back in effect for
the election.
The order isn't a permanent reversal --- it's a stay awaiting the
disposition of a petition for certiorari, if one is filed. But it's
enough to put the state's law back in effect this November. Justices
Ginsburg and Sotomayor dissented from the issuance of the stay. I'll
have more later.
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Posted inelection law and constitutional law
<http://electionlawblog.org/?cat=55>,provisional ballots
<http://electionlawblog.org/?cat=67>,Supreme Court
<http://electionlawblog.org/?cat=29>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter registration
<http://electionlawblog.org/?cat=37>Edit
<http://electionlawblog.org/wp-admin/post.php?post=66538&action=edit>
Heeeeere's Justin <http://electionlawblog.org/?p=66536>
Posted onOctober 8, 2014 2:44 pm
<http://electionlawblog.org/?p=66536>byRick Hasen
<http://electionlawblog.org/?author=3>
Back <http://electionlawblog.org/?p=66477>with you soon.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
"Wisconsin Club for Growth asks full appeals court to reconsider
John Doe ruling" <http://electionlawblog.org/?p=66534>
Posted onOctober 8, 2014 2:33 pm
<http://electionlawblog.org/?p=66534>byRick Hasen
<http://electionlawblog.org/?author=3>
AP reports. <http://www.startribune.com/politics/national/278561491.html>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
Robert Mutch: Buying the Vote <http://electionlawblog.org/?p=66532>
Posted onOctober 8, 2014 2:32 pm
<http://electionlawblog.org/?p=66532>byRick Hasen
<http://electionlawblog.org/?author=3>
[/This is the latest in a series
<http://electionlawblog.org/?p=61972> of short
<http://electionlawblog.org/?p=62631> reflections<http://electionlawblog.org/?p=64647>on
new books in campaign finance which I am working my way through as I
write my own manuscript on the subject.]/
//Robert Mutch, who wrotethe leading historical work
<http://www.amazon.com/Campaigns-Congress-Courts-Federal-Campaign/dp/0275927849/ref=sr_1_2?ie=UTF8&qid=1412803414&sr=8-2&keywords=robert+mutch>on
the treatment of corporations under U.S. campaign finance law, has now
written a broader history,Buying the Vote: A History of Campaign Finance
Reform.
<http://www.amazon.com/Buying-Vote-History-Campaign-Finance/dp/0199340005/ref=sr_1_1?ie=UTF8&qid=1412803414&sr=8-1&keywords=robert+mutch> I
read good portions of the book in manuscript form and offered this blurb
which appears on the back of the book:
The book is no doubt the leading historical account of the debate
over campaign finance regulation from the late nineteenth century to
the early twenty-first century. Mutch has mined a wealth of primary
sources to paint the most detailed picture possible (consistent with
the paucity of the early historical record) of the financing of U.S.
federal campaigns and the national debate over that financing. Mutch
usefully ties current judicial debate to the earlier historical
record, providing valuable context and serving as a corrective to
much of what passes for historical analysis in the U.S. Supreme
Court's campaign finance opinions.
I'm happy to say that having (re)read the final product, I concur
wholeheartedly with my earlier assessment!
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Trailing in polls, California candidate offers scholarships, gift
cards" <http://electionlawblog.org/?p=66530>
Posted onOctober 8, 2014 11:27 am
<http://electionlawblog.org/?p=66530>byRick Hasen
<http://electionlawblog.org/?author=3>
Reuters
<http://www.reuters.com/article/2014/10/08/us-usa-california-politics-idUSKCN0HX02R20141008?feedType=RSS&virtualBrandChannel=11563>:
"Trailing in the polls and getting little media coverage, California's
Republican candidate for governor handed out $40,000 in scholarships on
Tuesday, just two weeks after offering gift cards to attendees at a
campaign event."
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Posted incampaigns <http://electionlawblog.org/?cat=59>,vote buying
<http://electionlawblog.org/?cat=43>
ACLU Flags Judge Easterbrook's Factual Inaccuracies in Horrendous WI
Voter ID Decision <http://electionlawblog.org/?p=66528>
Posted onOctober 8, 2014 11:11 am
<http://electionlawblog.org/?p=66528>byRick Hasen
<http://electionlawblog.org/?author=3>
Press release
<http://aclu-wi.org/media/aclu-asks-us-supreme-court-stay-appeals-panel-ruling-wisconsin-voter-id-law> about
Judge Easterbrook'sterrible analysis <http://electionlawblog.org/?p=66413>:
The motion filed today also notes factual inaccuracies in the
appeals panel's ruling, including:
* "The Seventh Circuit also could not fathom that so many registered
Wisconsin voters lack a photo ID 'in a world in which photo ID is
essential to board an airplane, . . . pick up a prescription at a
pharmacy, open a bank account or cash a check at a currency
exchange, buy a gun, or enter a courthouse to serve as a juror or
watch the argument of this appeal.' Wrong, wrong, wrong, wrong, and
wrong again. Wisconsin fliers, patients, bank customers, gun owners,
and court watchers do not need photo IDs. Only Wisconsin voters."
* "The panel inexplicably stated that key voter witnesses 'did not
testify that they had tried to get [a copy of their birth
certificate], let alone that they had tried but failed.' But
numerous witnesses testified that they tried and failed to get a
birth certificate so they could get a voter ID."
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,Supreme Court
<http://electionlawblog.org/?cat=29>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter id
<http://electionlawblog.org/?cat=9>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
"Secretly Buying Access to a Governor"
<http://electionlawblog.org/?p=66524>
Posted onOctober 8, 2014 10:49 am
<http://electionlawblog.org/?p=66524>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT editorial.
<http://www.nytimes.com/2014/10/08/opinion/secretly-buying-access-to-a-governor.html?_r=0>
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
"State Voting Laws in Legal Limbo" <http://electionlawblog.org/?p=66522>
Posted onOctober 8, 2014 10:46 am
<http://electionlawblog.org/?p=66522>byRick Hasen
<http://electionlawblog.org/?author=3>
WSJ's Washington Wire reports
<http://blogs.wsj.com/washwire/2014/10/08/state-voting-laws-in-legal-limbo/>.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,Supreme Court
<http://electionlawblog.org/?cat=29>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter id
<http://electionlawblog.org/?cat=9>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
What's Up With the Texas Voter ID Case?
<http://electionlawblog.org/?p=66519>
Posted onOctober 8, 2014 10:35 am
<http://electionlawblog.org/?p=66519>byRick Hasen
<http://electionlawblog.org/?author=3>
Back on September 22, when the federal district court in Corpus Christi
heard closing arguments in the case arguing that Texas's strict voter id
law violated the Constitution's equal protection clause and the Voting
Rights Act's section 2, Iwrote <http://electionlawblog.org/?p=65734>:
Nolan Hicks reports on the closing arguments.
<http://www.expressnews.com/news/local/article/Feds-state-clash-over-Texas-voter-ID-law-5772276.php?cmpid=twitter-premium&t=dca2214c3573fef585>
Based on some of the judge's earlier rulings, her appointment as a
Democratic appointee, and reports from argument, I think there is a
fairly good chance that the judge strikes down Texas's voter id law
under the Voting Rights Act. If that happens, the case would go to
the 5th Circuit, where there could well be a reversal, given that
the 5th Circuit has many more Republican appointees and is one of
the most conservative courts in the country. The case could end up
at the Supreme Court, although the 7th Circuit Wisconsin case and
the 4th Circuit North Carolina case (not primarily about voter id,
but about the meaning of Section 2 of the Voting Rights Act) could
get there first.
Now the really interesting thing is what happens if the district
court enjoins use of the ID requirement for this election in
November. If that happens, I expect an expedited trip to the 5th
Circuit and potentially to the Supreme Court. It would raise the
same /Purcell/ issue <http://electionlawblog.org/?p=65382>of making
changes just before the election, although unlike in the Wisconsin
case, this would be to remove a requirement already in place not to
put in place a new requirement just before the election---something
more likely to cause electoral chaos
<http://electionlawblog.org/?p=65563>. [UPDATE: AP says
<http://www.washingtonpost.com/national/justice-department-wraps-up-texas-voter-id-trial/2014/09/22/92ab940a-4269-11e4-8042-aaff1640082e_story.html>the
district court judge has not indicated when she will rule.]
Then last weekI noted <http://electionlawblog.org/?p=66265>that despite
expectations of lawyers in the courtroom that the judge would rule
before the election, the SCOTUS action in the other cases (OH, WI, and
NC) may have convinced the judge not to rule before the election or else
face a Purcell problem of changing rules just before the election.
Thefirst day of early voting i <http://votetexas.gov/voting/when/>s
October 20 in Texas. Every day the chances that the judge will rule
before the election go down further.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,Supreme Court
<http://electionlawblog.org/?cat=29>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter id
<http://electionlawblog.org/?cat=9>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
"Democracy Facts:" From Law Professor Suggestion to Reality
<http://electionlawblog.org/?p=66517>
Posted onOctober 8, 2014 9:55 am
<http://electionlawblog.org/?p=66517>byRick Hasen
<http://electionlawblog.org/?author=3>
Press release from San Francisco Ethics Commission via email:
**
BEFORE YOU VOTE, READ THE LABEL
ETHICS COMMISSION "NUTRITION LABEL" REVEALS TOP FIVE "INGREDIENTS"
OF BALLOT MEASURE CAMPAIGNS
Today, the San Francisco Ethics Commission published "Democracy
Facts," an interactive on-line tool which discloses the money behind
City ballot measures in a familiar nutrition label format.
Democracy Facts is available on the Commission's web site
at:www.sfethics.org/ethics/democracyfacts.html
<http://www.sfethics.org/ethics/democracyfacts.html>
The Democracy Facts concept was originally proposed by Loyola Law
School Professor Justin Levitt in the wake of the Citizens United
decision to help ensure that voters know who is paying for campaign
advertisements in an era of unlimited independent expenditures.
Using the tool, a voter can select a ballot measure campaign and the
label will reveal its top contributors and breadth of financial support.
"This cutting-edge tool helps take the complexity out of campaign
finance disclosure," said Ethics Commission Chairperson Ben Hur.
"The Democracy Facts label reveals whether a measure has the
financial support of a significant segment of the community, or just
a few individuals or organizations."
The Ethics Commission is publishing Democracy Facts as part of a
series of interactive dashboards onsfethics.org
<http://sfethics.org/>, which visualize open data obtained from
campaign finance and other reports filed with the Commission.
Other dashboards include tools to visualize the financial activity
in candidate and ballot measure races, lobbyist contributions, and
the City's public financing program.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
--
Justin Levitt
Professor of Law
Loyola Law School | Los Angeles
919 Albany St.
Los Angeles, CA 90015
213-736-7417
justin.levitt at lls.edu
ssrn.com/author=698321
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