[EL] ELB News and Commentary 10/21/14

Rick Hasen rhasen at law.uci.edu
Mon Oct 20 20:06:21 PDT 2014


    WI AG Gives Up on Voter ID for This Election
    <http://electionlawblog.org/?p=67185>

Posted onOctober 20, 2014 7:58 pm 
<http://electionlawblog.org/?p=67185>byRick Hasen 
<http://electionlawblog.org/?author=3>

/Milwaukee Journal-Sentinel/ 
<http://www.jsonline.com/news/statepolitics/in-person-absentee-voting-kicks-in-today-in-wisconsin-b99374488z1-279798652.html>:

    As early voting started, Wisconsin Attorney General J.B. Van Hollen
    indicated he would no longer attempt to put a voter ID requirement
    in place for the election.

    Van Hollen spent the last week and a half looking at ways to
    reinstate the ID requirement for this election after the U.S.
    Supreme Court blocked the measure. He has now dropped that idea.

    "We do not expect to have voter ID in place for the November
    election, which is unfortunate as it is a constitutional piece of
    common-sense legislation that is overwhelmingly supported by the
    people of Wisconsin," Van Hollen spokeswoman Dana Brueck said Monday
    via email.

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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>


    "How I ended up starring in a Citizens United film"
    <http://electionlawblog.org/?p=67183>

Posted onOctober 20, 2014 7:53 pm 
<http://electionlawblog.org/?p=67183>byRick Hasen 
<http://electionlawblog.org/?author=3>

Seth Masket: 
<http://www.washingtonpost.com/blogs/monkey-cage/wp/2014/10/20/how-i-ended-up-starring-in-a-citizens-united-film/>

      I was initially approached back in July by a filmmaker named Jason
    Meath, who explained that he was doing a documentary on Colorado
    politics and wanted to ask me some questions on campaign spending
    and demographic shifts in the state. As these are issues I've
    researched and taught, I happily granted the interview. My
    university's communications office signed off on it, and I even
    checked out the filmmaker's Web site
    <http://www.jasonkillianmeath.com/> to look at some of his past
    work. Everything seemed fine. The questions seemed perfectly neutral
    in tone, and I thought my answers came off well. I heard nothing
    more about this for months.

    A few weeks ago, I was informed that Citizens United was putting
    together a film concerning the gubernatorial race in Colorado. I was
    also informed that I was in it. This was rather stunning to me. I
    suspected that this might have stemmed from the earlier Meath
    interview, but I couldn't be sure, and my e-mails to the filmmaker
    went unanswered. Only last week did I learn that that interview was
    one of many used in the making of "Rocky Mountain Heist."

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>


    "Editorial: In voter ID ruling, justices side with more obstacles at
    the polls" <http://electionlawblog.org/?p=67181>

Posted onOctober 20, 2014 7:50 pm 
<http://electionlawblog.org/?p=67181>byRick Hasen 
<http://electionlawblog.org/?author=3>

/Dallas Morning News /editorial. 
<http://www.dallasnews.com/opinion/editorials/20141020-editorial-in-voter-id-ruling-justices-side-with-more-obstacles-at-the-polls.ece>

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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>


    "Records at odds with voter fraud probe claim"
    <http://electionlawblog.org/?p=67179>

Posted onOctober 20, 2014 7:47 pm 
<http://electionlawblog.org/?p=67179>byRick Hasen 
<http://electionlawblog.org/?author=3>

News 
<http://www.11alive.com/story/news/politics/2014/10/20/politics-georgia-voter-fraud-kemp/17631187/>from 
Georgia:

    Documents obtained from Secretary of State Brian Kemp's office
    appear to contradict Kemp's claim that a voter fraud probe was based
    on numerous complaints from counties across Georgia.

    For weeks, Democrats have hinted that Secretary of State Brian Kemp
    is trying to keep newly registered Democrats off the voters rolls.
    Kemp, a Republican, makes no apologies for investigating the New
    Georgia Project --- which has focused on registering
    Democratic-leaning minority voters. Last week, Kemp said again that
    reports of potential voter fraud led to the probe.

    "I know it's up over a hundred now. May have been more like 125?
    complaints, Kemp said.

    But records obtained by 11Alive News tell a different story.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,fraudulent fraud squad 
<http://electionlawblog.org/?cat=8>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,voter registration 
<http://electionlawblog.org/?cat=37>,Voting Rights Act 
<http://electionlawblog.org/?cat=15>


    Listen to My Interview with Madeline Brand on Texas Voter ID and
    Justice Ginsburg's Dissent <http://electionlawblog.org/?p=67177>

Posted onOctober 20, 2014 5:19 pm 
<http://electionlawblog.org/?p=67177>byRick Hasen 
<http://electionlawblog.org/?author=3>

Here at KCRW's Press Play, 
<http://www.kcrw.com/news-culture/shows/press-play-with-madeleine-brand/voter-id-laws-the-truth-about-andy-kaufman-and-rating-the-ratings#seg-the-truth-about-andy-kaufman>discussing 
my recent Slate column, Dawn Patrol: Justice Ruth Bader Ginsburg's 
critically important 5 a.m. wake-up call on voting rights 
<http://www.slate.com/articles/news_and_politics/jurisprudence/2014/10/ginsburg_s_dissent_in_texas_voter_id_law_supreme_court_order.html>.

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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>


    "How the Supreme Court Made a Mess of Our Voting System"
    <http://electionlawblog.org/?p=67175>

Posted onOctober 20, 2014 5:14 pm 
<http://electionlawblog.org/?p=67175>byRick Hasen 
<http://electionlawblog.org/?author=3>

Michael Waldman Politico oped. 
<http://www.politico.com/magazine/story/2014/10/supreme-court-voting-rights-112026.html>

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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>


    President Obama Talks Voting Rights and Fraud With Jeffrey Toobin
    <http://electionlawblog.org/?p=67173>

Posted onOctober 20, 2014 5:05 pm 
<http://electionlawblog.org/?p=67173>byRick Hasen 
<http://electionlawblog.org/?author=3>

A part ofthis fascinating New Yorker piece 
<http://www.newyorker.com/magazine/2014/10/27/obama-brief>:

    The subject of voting rights has largely been thrust upon Obama by a
    conservative judiciary. "You look at something like the Voting
    Rights Act, which was uncontroversial from a legal point of view
    among both Republicans and Democrats ten, fifteen, twenty years
    ago," Obama told me. "The ruling that struck down key provisions of
    the Voting Rights Act would have been considered a fairly radical
    step, but it's a step that the Supreme Court took." He was referring
    to the Shelby County decision, of 2013, which invalidated the
    portion of the law that required Justice Department review of
    electoral changes, mostly in Southern states.

    In response, Obama offered a modulated criticism. As he put it, "The
    fact that the Supreme Court didn't seem to internalize evidence
    where state election officials or politicians are pretty unabashed
    in saying we want to keep certain folks from voting, where you have
    voter-I.D. laws that clearly make it harder for certain folks to
    vote, despite the fact that there is no actual evidence of
    fraud---not just a little evidence of fraud but no evidence---as
    every mathematical assessment, statistical assessment that's been
    done shows, it's a pretext for wanting to shape the franchise for
    partisan advantage. The fact that that doesn't seem to have gone
    into the Court's reasoning I think makes it an ultimately flawed
    decision."

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Posted inDepartment of Justice 
<http://electionlawblog.org/?cat=26>,election 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>


    "Colorado Dems: We Caught James O'Keefe and His Friends Trying to
    Bait Us Into Approving Voter Fraud"
    <http://electionlawblog.org/?p=67171>

Posted onOctober 20, 2014 4:43 pm 
<http://electionlawblog.org/?p=67171>byRick Hasen 
<http://electionlawblog.org/?author=3>

Andy Kroll reports 
<http://www.motherjones.com/politics/2014/10/colorado-dems-james-okeefe>for 
Mother Jones.

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Posted infraudulent fraud squad <http://electionlawblog.org/?cat=8>,The 
Voting Wars <http://electionlawblog.org/?cat=60>


    Pa. Supreme Court Justice Temporarily Removed by His Collleagues in
    Ongoing Scandal <http://electionlawblog.org/?p=67168>

Posted onOctober 20, 2014 4:35 pm 
<http://electionlawblog.org/?p=67168>byRick Hasen 
<http://electionlawblog.org/?author=3>

This story 
<https://s3.amazonaws.com/s3.documentcloud.org/documents/1340940/pa-supreme-court-removal-order.pdf>will 
only get bigger.

MORE <https://twitter.com/chrisgeidner/status/524343495528427521>from 
Chris Geidner.

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


    "ARIZONA AG RACE: National Republican AG Group Goes Dark, Outraises
    Democratic Counterpart More Than 4:1 In 3rd Quarter; Explains 6:1
    Difference In Arizona Spending (#50ShadesOfDarkMoney)"
    <http://electionlawblog.org/?p=67166>

Posted onOctober 20, 2014 4:25 pm 
<http://electionlawblog.org/?p=67166>byRick Hasen 
<http://electionlawblog.org/?author=3>

Arizona's Politics 
<http://arizonaspolitics.blogspot.com/2014/10/arizona-ag-race-national-republican-ag.html>:

    In the Arizona Attorney General's race, the national Republican 527
    organization is outspending the Democrats' by more than 6:1.  Dark
    money contributed mightily to that discrepancy, as RAGA raised 4
    times as much money as DAGA in the 3rd quarter.

    (/See accompanying article "BREAKING: APS Semi-Openly Places $425k
    Bet On Arizona Attorney General Race...Red <http://bit.ly/AZp997>"/)

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


    "Statement of Vice Chair Ann M. Ravel Encouraging Public Comments to
    Increase Disclosure and Address Corruption in the Political Process"
    <http://electionlawblog.org/?p=67164>

Posted onOctober 20, 2014 4:03 pm 
<http://electionlawblog.org/?p=67164>byRick Hasen 
<http://electionlawblog.org/?author=3>

Via email:

    Statement of Vice Chair Ann M. Ravel Encouraging Public Comments to
    Increase Disclosure and Address Corruption in the Political Process

    For the first time in more than a decade, the Commission is now
    accepting wide-ranging public comment on issues fundamental to
    campaign finance --- including disclosure and corruption in the
    political process.  Between now and January 15, 2015, citizens from
    across the political spectrum are invited to express their views,
    submit proposed policy solutions, and otherwise formally participate
    in the Commission's policymaking process.  Then, on February 11,
    2015, the Commission will convene a public hearing where commenters
    will have an opportunity to speak directly to the Commission.

    The Commission is asking what rules it should implement to address
    corruption and increase disclosure in the political process.  For
    example, how should the Commission improve its rules on public
    disclosure, earmarking, joint fundraising committees, and committee
    affiliation?  Are there any other regulatory changes the Commission
    should make to prevent the circumvention of contribution limits or
    the concealment of the sources of those contributions?  There may be
    solutions to these problems that have not yet been considered, or
    the Commission might look to states like California and Maryland,
    which have been working on new approaches.  We need to hear from the
    public on these and other issues of consequence to campaign finance
    and our democracy.

    As a public agency, the Commission has an obligation to directly
    engage the public in a constructive dialogue concerning the impact
    of its policymaking on our democracy.  But for far too long, the
    Commission has been closed off, mired in gridlock, and uninterested
    in meaningful public input.  So this new comment period and the
    public hearing to follow are major steps toward openness and direct
    public engagement.  And they are the direct result of the compromise
    rulemaking package the Commission approved on October 9.
    To me, allowing an opportunity for the public to participate in the
    Commission's policymaking was especially important --- and long
    overdue --- given the growing public concern about undisclosed
    spending flooding the American political process.  An estimated $4
    billion will be spent during this year's mid-term election, with
    $700 million or more in anonymous spending.  Outside spending by
    groups that hide their donors increased from just $5 million in 2006
    to more than $300 million in 2012.  Despite this dramatic increase,
    declining levels of public trust, and growing cynicism about the
    political process, the Commission has ignored --- until now ---
    public views about, for example, how to strengthen its disclosure
    rules so that voters know who is behind the messages intended to
    influence their votes.

    That is why every citizen who cares about the future of our
    democracy should make his or her voice heard during the current
    comment period.  Submit comments and join us for the public hearing
    in February.  We need to hear from you.

    Here's how to submit written comments and testify at the public hearing:

    Online: http://sers.fec.gov/forces/addcomments.htm?pid=93617

    Paper:  Federal Election Commission
    Attn.: Amy L. Rothstein, Assistant General Counsel
    999 E Street, NW
    Washington, DC 20463

    Be Sure to
    Include:                Each commenter's full name and postal address

    Deadline for
    Comments:        January 15, 2015

    To Testify at
    the Hearing:        File a written comment by January 15, 2015, that
    includes a request to testify at the public hearing.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal 
election commission <http://electionlawblog.org/?cat=24>


    Colorado SOS Gives Advisory Opinion to Citizens United on Disclosure
    Issue <http://electionlawblog.org/?p=67161>

Posted onOctober 20, 2014 3:59 pm 
<http://electionlawblog.org/?p=67161>byRick Hasen 
<http://electionlawblog.org/?author=3>

Here 
<http://electionlawblog.org/wp-content/uploads/Citizens-United-Advisory-Opinion-10162014.pdf>.

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


    Get Your "True the Vote 2014 Poll Watcher Training Guide"
    <http://electionlawblog.org/?p=67159>

Posted onOctober 20, 2014 3:57 pm 
<http://electionlawblog.org/?p=67159>byRick Hasen 
<http://electionlawblog.org/?author=3>

Here <http://www.truethevote.org/poll-watcher-training>.

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Posted infraudulent fraud squad <http://electionlawblog.org/?cat=8>,The 
Voting Wars <http://electionlawblog.org/?cat=60>


    "Ginsburg Explains Saturday Surprise on Texas Voting Law"
    <http://electionlawblog.org/?p=67157>

Posted onOctober 20, 2014 3:52 pm 
<http://electionlawblog.org/?p=67157>byRick Hasen 
<http://electionlawblog.org/?author=3>

Tony Mauro writes 
<http://www.nationallawjournal.com/supremecourtbrief/home/id=1202673994408/Ginsburg-Explains-Saturday-Surprise-on-Texas-Voting-Law?mcode=1202615432992&curindex=1&back=NLJ>for 
NLJ.

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Posted inSupreme 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>


    "Silicon Valley CEOs Get A Warm Washington Welcome To Politics"
    <http://electionlawblog.org/?p=67154>

Posted onOctober 20, 2014 1:10 pm 
<http://electionlawblog.org/?p=67154>byRick Hasen 
<http://electionlawblog.org/?author=3>

HuffPo 
<http://www.huffingtonpost.com/2014/10/20/mayday-pac-upton_n_6016028.html?utm_hp_ref=tw>: 
"According to people familiar with the situation, committee staff 
director and former super lobbyist 
<http://www.opensecrets.org/revolving/rev_summary.php?id=10981> Gary 
Andres personally has been calling the CEOs of major Silicon Valley tech 
companies, hammering them for coming after Upton and spooking Mayday's 
donors, who worry their companies will get rougher treatment when and if 
Upton survives."

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


    Set to Be on KCRW's Press Play With Madeline Brand Talking SCOTUS
    and Texas Voter ID <http://electionlawblog.org/?p=67152>

Posted onOctober 20, 2014 11:31 am 
<http://electionlawblog.org/?p=67152>byRick Hasen 
<http://electionlawblog.org/?author=3>

You should be able tolisten here 
<http://www.kcrw.com/news-culture/shows/press-play-with-madeleine-brand>right 
at noon Pacific.

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Posted inSupreme Court <http://electionlawblog.org/?cat=29>,The Voting 
Wars <http://electionlawblog.org/?cat=60>


    Two from Ari Berman on Voting Rights
    <http://electionlawblog.org/?p=67150>

Posted onOctober 20, 2014 11:03 am 
<http://electionlawblog.org/?p=67150>byRick Hasen 
<http://electionlawblog.org/?author=3>

The GOP is Winning the War on Voting 
<http://www.thenation.com/article/182233/gop-winning-war-voting#>

The Supreme Court Eviscerates the Voting Rights Act in Texas Voter ID 
Decision 
<http://www.thenation.com/blog/183561/supreme-court-eviscerates-voting-rights-act-texas-voter-id-decision>

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Posted inSupreme 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>


    "Laws in the 21st Century Thursday, Oct. 23, 2 p.m. EDT CSG eCademy"
    <http://electionlawblog.org/?p=67147>

Posted onOctober 20, 2014 9:36 am 
<http://electionlawblog.org/?p=67147>byRick Hasen 
<http://electionlawblog.org/?author=3>

Webinar: <http://www.csg.org/events/webinar/default.aspx#VotingLaws>


              Voting Laws in the 21st Century


              Thursday, Oct. 23, 2 p.m. EDT


              CSG eCademy


              Register now!
              <https://www2.gotomeeting.com/register/886890634>


                With less than a month before the Nov. 4 midterm
                elections, voting laws in eight states are being
                challenged in state and federal courts, often going all
                the way to the U.S. Supreme Court. These recent court
                challenges are due, for the most part, to varying state
                interpretations of two Supreme Court decisions in recent
                years. In 2008, the high court ruling in Crawford v.
                Marion County Election Board upheld an Indiana law
                requiring voters to provide photo IDs at the polls on
                Election Day. The high court's 2013 ruling in Shelby
                County v. Holder blocked two provisions of the Voting
                Rights Act: Section 5, which required select states and
                local governments to obtain federal preclearance before
                implementing any changes to their voting laws or
                practices; and Section 4(b), which contained the
                coverage formula that determined which select
                jurisdictions were subjected to preclearance based on
                its voting discrimination history. This eCademy session
                will shed light on several recent voting law challenges
                across the country and how these cases may impact the
                states in November and beyond.


              Presenters:


                Rick Hasen
                Professor of Law and Political Science
                University of California at Irvine


                Full bio >>
                <http://www.csg.org/events/webinar/documents/Hasenbio.pdf>


                Dan Tokaji


                Constitutional Law Professor


                Moritz College of Law, The Ohio State University


                Full bio >>
                <http://www.csg.org/events/webinar/documents/Tokajibio.pdf>

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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
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http://electionlawblog.org

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