[EL] ELB News and Commentary 10/22/14
Rick Hasen
rhasen at law.uci.edu
Tue Oct 21 19:37:40 PDT 2014
"Judge Rejects Challenge to FEC Limits On Campaign Contributions Per
Election" <http://electionlawblog.org/?p=67244>
Posted onOctober 21, 2014 7:32 pm
<http://electionlawblog.org/?p=67244>byRick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg BNA
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=58162747&vname=mpebulallissues&jd=a0f7q4n2a2&split=0>:
A federal judge in Washington has rejected a challenge to federal
campaign finance laws that limit an individual's campaign
contributions to candidates to $2,600 for the primary election and
$2,600 for the general election (Holmes v. FEC
<http://www.bloomberglaw.com/public/document/LAURA_HOLMES_et_al_Plaintiffs_v_FEDERAL_ELECTION_COMMISSION_Defen>,
D. D.C., Civil No. 14-1243,preliminary injunction denied, 10/20/14).
A lawsuit filed by attorneys at the nonprofit Center for Competitive
Politics on behalf of contributors Laura Holmes and her husband Paul
Jost said the couple wanted to donate to challengers who prevailed
in primaries. The couple did not donate to those challengers before
the primaries, and Holmes and Jost each wanted to give more than
$2,600 per candidate for the general election.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
Congratulations to Election Law Prof Mike Pitts
<http://electionlawblog.org/?p=67242>
Posted onOctober 21, 2014 5:34 pm
<http://electionlawblog.org/?p=67242>byRick Hasen
<http://electionlawblog.org/?author=3>
Elected
<http://www.ali.org/index.cfm?fuseaction=membership.electedMembers&memDate=10/16/2014>to
the American Law Institute.
Well deserved.
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Posted inelection law biz <http://electionlawblog.org/?cat=51>
"Big donors dominated California congressional primaries, report
says" <http://electionlawblog.org/?p=67240>
Posted onOctober 21, 2014 4:09 pm
<http://electionlawblog.org/?p=67240>byRick Hasen
<http://electionlawblog.org/?author=3>
LAT reports.
<http://www.latimes.com/local/political/la-me-pc-big-donors-congress-20141021-story.html>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Records cast more doubt on Georgia fraud probe claims"
<http://electionlawblog.org/?p=67238>
Posted onOctober 21, 2014 3:22 pm
<http://electionlawblog.org/?p=67238>byRick Hasen
<http://electionlawblog.org/?author=3>
MSNBC reports
<http://www.msnbc.com/msnbc/records-cast-more-doubt-georgia-fraud-probe-claims>.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
"Partisan Divide Over Voting Rights Has Intensified In Obama Era"
<http://electionlawblog.org/?p=67236>
Posted onOctober 21, 2014 3:11 pm
<http://electionlawblog.org/?p=67236>byRick Hasen
<http://electionlawblog.org/?author=3>
Looking forward tohearing this
<http://www.npr.org/2014/10/21/357859510/partisan-divide-over-voting-rights-has-intensified-in-obama-era>on
NPR when it releases the audio.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
"Phyllis Schlafly: End Early Voting Because It Helps Democrats"
<http://electionlawblog.org/?p=67234>
Posted onOctober 21, 2014 2:48 pm
<http://electionlawblog.org/?p=67234>byRick Hasen
<http://electionlawblog.org/?author=3>
See here.
<http://www.rightwingwatch.org/content/phyllis-schlafly-end-early-voting-because-it-helps-democrats>
See also my piece from last February, The New Conservative Assault on
Early Voting
<http://www.slate.com/articles/news_and_politics/politics/2014/02/the_new_conservative_assault_on_early_voting_more_republicans_fewer_voters.html>,
/Slate/, February 10, 2014.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
"Former aide pleads guilty to embezzling $1.8 million from Dewhurst
campaign funds" <http://electionlawblog.org/?p=67232>
Posted onOctober 21, 2014 2:25 pm
<http://electionlawblog.org/?p=67232>byRick Hasen
<http://electionlawblog.org/?author=3>
Wow
<http://www.chron.com/news/houston-texas/houston/article/Former-aide-pleads-guilty-to-embezzling-1-8-5837282.php?cmpid=twitter-mobile>.
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Posted incampaigns <http://electionlawblog.org/?cat=59>,chicanery
<http://electionlawblog.org/?cat=12>
"Georgia elections chief: No missing voter applications"
<http://electionlawblog.org/?p=67230>
Posted onOctober 21, 2014 2:04 pm
<http://electionlawblog.org/?p=67230>byRick Hasen
<http://electionlawblog.org/?author=3>
WXIA
<http://www.11alive.com/story/news/politics/elections/2014/10/20/missing-voter-applications/17596625/>:
"Georgia Secretary of State Brian Kemp said there's no evidence to
support claims by the New Georgia Project that more than 40,000 voter
registration applications are missing or unprocessed."
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter registration
<http://electionlawblog.org/?cat=37>
"Steyer Passes Adelson as No. 1 'Super PAC' Donor"
<http://electionlawblog.org/?p=67228>
Posted onOctober 21, 2014 1:57 pm
<http://electionlawblog.org/?p=67228>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT reports.
<http://www.nytimes.com/politics/first-draft/2014/10/20/?entry=2969&_php=true&_type=blogs&ref=politics>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
North Carolina Court of Appeals Upholds Student Voting Site
<http://electionlawblog.org/?p=67225>
Posted onOctober 21, 2014 1:44 pm
<http://electionlawblog.org/?p=67225>byRick Hasen
<http://electionlawblog.org/?author=3>
Back on October 14,Justin reported
<http://electionlawblog.org/?p=66845> that a " NC trial court has found
<http://www.wral.com/judge-orders-county-to-provide-early-voting-site-on-app-state-campus/14074008/> that
the State Board of Elections, ratifying the majority preference of the
Wautauga County Board of Elections (which split along party lines),
intended to discriminate against students in moving an early voting site
half a mile, from the campus of Appalachian State University to a site
in downtown Boone. The short opinion is here
<http://electionlawblog.org/wp-content/uploads/20141013-NC-early-vote.pdf>."
Well now comesthis Court of Appeals order affirming that trial judge
order. <http://electionlawblog.org/wp-content/uploads/P14-801.pdf>
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
"MS Senate race remains its own parallel universe"
<http://electionlawblog.org/?p=67223>
Posted onOctober 21, 2014 12:57 pm
<http://electionlawblog.org/?p=67223>byRick Hasen
<http://electionlawblog.org/?author=3>
A reminder
<http://www.clarionledger.com/story/politicalledger/2014/10/21/mssen-crossover-voting/17662181/>that
McDaniel's challenge is still not resolved.
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Posted incampaigns <http://electionlawblog.org/?cat=59>
"Paying $292,000 to a Group That May Not Exist"
<http://electionlawblog.org/?p=67221>
Posted onOctober 21, 2014 12:23 pm
<http://electionlawblog.org/?p=67221>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT
<http://www.nytimes.com/politics/first-draft/2014/10/21/?entry=2965&_php=true&_type=blogs&smid=nytpolitics&_r=0>First
Draft:
Representative Tom Cotton, the Arkansas Republican running for the
Senate, disbursed over $131,000 to Right Solutions Partners in March
for "fund-raising consulting" and an additional $161,000 to it in
August for the same purpose.
But here's the catch: It's not clear that such an entity actually
exists. It has no presence on the Internet, it appears that no other
campaign is paying it this year, and it has no office at the
Washington address listed on the articles of organization filed with
the city last year.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
Tenth Circuit Rejects Most, But Not All, Claims in CO Right to
Secret Ballot Suit <http://electionlawblog.org/?p=67219>
Posted onOctober 21, 2014 11:47 am
<http://electionlawblog.org/?p=67219>byRick Hasen
<http://electionlawblog.org/?author=3>
The case <http://www.ca10.uscourts.gov/opinions/12/12-1414.pdf>will go
back to the trial court on equal protection and due process claims
against the CO SOS.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
"Casino mogul Sheldon Adelson loses libel suit"
<http://electionlawblog.org/?p=67216>
Posted onOctober 21, 2014 10:48 am
<http://electionlawblog.org/?p=67216>byRick Hasen
<http://electionlawblog.org/?author=3>
[I've removed this post because it actually links to an old item.]
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
"Skewed Justice: Citizens United, Television Advertising and State
Supreme Court Justices' Decisions in Criminal Cases"
<http://electionlawblog.org/?p=67214>
Posted onOctober 21, 2014 10:22 am
<http://electionlawblog.org/?p=67214>byRick Hasen
<http://electionlawblog.org/?author=3>
New report<http://skewedjustice.org/>from Joanna Shepherd and Michael Kang:
The explosion in spending on television attack advertisements in
state supreme court elections accelerated by the /Citizens
United/ decision has made courts less likely to rule in favor of
defendants in criminal appeals. State supreme court justices,
already the targets of sensationalist ads labeling them "soft on
crime," are under increasing pressure to allow electoral politics to
influence their decisions, even when fundamental rights are at stake.
/Citizens United/ (which removed regulatory barriers to corporate
electioneering) has fundamentally changed the politics of state
judicial elections. Outside interest groups, often with high-stakes
economic interests or political causes before the courts, now
routinely pour millions of dollars into state supreme court
elections. These powerful interests understand the important role
that state supreme courts play in American government, and seek to
elect justices who will rule as they prefer on priority issues such
as environmental and consumer protections, marriage equality,
reproductive choice and voting rights. Although their economic and
political priorities are not necessarily criminal justice policy,
these sophisticated groups understand that "soft on crime" attack
ads are often the best means of removing from office justices they
oppose.
This study's two principal findings:
*The more TV ads aired during state supreme court judicial elections
in a state, the less likely justices are to vote in favor of
criminal defendants. As the number of airings increases, the
marginal effect of an increase in TV ads grows. In a state with
10,000 ads, a doubling of airings is associated on average with an 8
percent increase in justices' voting against a criminal defendant's
appeal.*
*Justices in states whose bans on corporate and union spending on
elections were struck down by /Citizens United/ were less likely to
vote in favor of criminal defendants than they were before the
decision. /Citizens United/ changed campaign finance most
significantly in 23 of the states where there were prohibitions on
corporate and union electioneering prior to the decision. In these
states, the removal of those prohibitions after /Citizens United/ is
associated with, on average, a 7 percent decrease in justices'
voting in favor of criminal defendants.*
The study is based on the work of a team of independent researchers
from the Emory University School of Law. With support from the
American Constitution Society, the researchers collected and coded
data from over 3,000 criminal appeals decided in state supreme
courts in 32 states and examined published opinions from 2008 to
2013. State supreme courts are multi-judge bodies that decide
appeals collectively by majority vote; the researchers coded
individual votes from over 470 justices in these cases. These coded
cases were merged with data from the Brennan Center for Justice
reporting the number of TV ads aired during each judicial election
from 2008 to 2013. A complete explanation of this study's
methodology is below.
The findings from this study have several important implications.
Not only do they confirm the influence of campaign spending on
judicial decision making, they also show that this influence extends
to a wide range of cases beyond the primary policy interests of the
contributors themselves. Even more troubling, the findings reveal
that the influence of money has spread from civil cases to criminal
cases, in which the fundamental rights of all Americans can be at stake.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,judicial
elections <http://electionlawblog.org/?cat=19>
"New Election Ruling Allows Candidates To Remain Completely
Anonymous Throughout Campaign" <http://electionlawblog.org/?p=67212>
Posted onOctober 21, 2014 10:06 am
<http://electionlawblog.org/?p=67212>byRick Hasen
<http://electionlawblog.org/?author=3>
The Onion
<http://www.theonion.com/articles/new-election-ruling-allows-candidates-to-remain-co,37238/>:
"Explaining that the measure is intended to protect politicians' right
to free expression against undue scrutiny from the general population, a
new ruling implemented this week by the Federal Election Commission
allows candidates running for public office to remain completely
anonymous throughout the campaign process."
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,election
law "humor" <http://electionlawblog.org/?cat=52>,federal election
commission <http://electionlawblog.org/?cat=24>
New Yorker Cartoon on the Voting Wars
<http://electionlawblog.org/?p=67210>
Posted onOctober 21, 2014 9:06 am
<http://electionlawblog.org/?p=67210>byRick Hasen
<http://electionlawblog.org/?author=3>
Here.
<http://www.newyorker.com/cartoons/daily-cartoon/daily-cartoon-tuesday-october-21st?intcid=mod-yml>
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Posted inelection law "humor" <http://electionlawblog.org/?cat=52>,The
Voting Wars <http://electionlawblog.org/?cat=60>
"Rocky Mountain Gun Owners: We're suing secretary of state, Ethics
Watch" <http://electionlawblog.org/?p=67207>
Posted onOctober 21, 2014 8:31 am
<http://electionlawblog.org/?p=67207>byRick Hasen
<http://electionlawblog.org/?author=3>
Colorado Independent
<http://www.coloradoindependent.com/149916/rocky-mountain-gun-owners-were-suing-secretary-of-state-ethics-watch>:
"Colorado's rough-and-tumble politics firearm-liberty group Rocky
Mountain Gun Owners is headed back to court
<http://kdvr.com/2014/04/01/dudley-brown-cleared-in-lawsuit-over-anti-civil-unions-mailer/>.
It is suing the secretary of state's office and nonprofit Colorado
Ethics Watch to keep the identities of its donors secret, even after
stipulating in court documents that it has violated state
campaign-finance-disclosure laws."
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Republicans Trying to Woo, or at Least Suppress, Minority Vote"
<http://electionlawblog.org/?p=67205>
Posted onOctober 21, 2014 8:09 am
<http://electionlawblog.org/?p=67205>byRick Hasen
<http://electionlawblog.org/?author=3>
Jonathan Chiat writes
<http://nymag.com/daily/intelligencer/2014/10/gop-trying-to-woo-suppress-minority-vote.html>,
and rightly fisks John Fund.
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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 id
<http://electionlawblog.org/?cat=9>
"Parties' Most Important Donors: The Fantastically Rich"
<http://electionlawblog.org/?p=67203>
Posted onOctober 21, 2014 7:57 am
<http://electionlawblog.org/?p=67203>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT
<http://www.nytimes.com/politics/first-draft/2014/10/21/?entry=2925&_php=true&_type=blogs>First
Draft:
New fund-raising tallies filed by two leading "super PACs" show just
how dependent each party's Senate candidates have become not just on
rich donors, but on an incredibly small number of incredibly rich
donors.
Take the Senate Majority PAC, the Democratic group founded by former
aides of the Senate majority leader, Harry Reid. The PAC has led all
outside groups
<http://www.nytimes.com/2014/10/05/us/politics/democrats-lean-heavily-on-pacs.html>on
behalf of Senate Democrats in their battle to hold on to the Senate.
Through the end of September, the group had raised about $47
million. About half of it, $23.1 million, came from just 16 people
or corporate entities they control. About $11 million came from
labor unions, whose contributions are drawn from members' dues and
contributions.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
We Get Letters <http://electionlawblog.org/?p=67200>
Posted onOctober 21, 2014 7:56 am
<http://electionlawblog.org/?p=67200>byRick Hasen
<http://electionlawblog.org/?author=3>
This one made me chuckle (apparentlymy Slate
piece<http://www.slate.com/articles/news_and_politics/jurisprudence/2014/10/ginsburg_s_dissent_in_texas_voter_id_law_supreme_court_order.html>on
Justice Ginsburg's dissent in TX voter id case was reprinted in the
Oregonian
<http://www.oregonlive.com/opinion/index.ssf/2014/10/ruth_bader_ginsburgs_dissent_i.html>):
Richard,
Before me there lays a 2010 photo of R. B. Ginsburg at Slate with
the top of her head cropped off. There is also a photo of you.
Noting the eerie resemblance between you and Ginsburg, it occurred
to me that you could be the offspring of Ms. Ginsburg and Bill
Gates. I suppose it would take discovery (interrogatories,
depositions, request for document production) in order to
discover the truth.
Assuming arguendo that a voter ID bill/act contained the provision
that Repblicans could not vote within one or more states in a state
controlled by Democrats (the party of slavery, Jim Crow, and
fighting 19th century abolition of slavery). I'll safely assume your
biased take on the position of voter ID would be subsantially
altered and that it would be legal to preclude Republicans from
casting votes as permitted by the US Constitution.
A majority of non-Democrats believe Democrats vote many more times
than the lawful one time -- particularly in Democrat strongholds and
precincts. Florida, Ohio, Pennsylvania, and other states were
captured by Democrat candidates in 2008 and 2012 by voter
irregularities. Of course, with a DOJ headed by Eric Holder, those
irregularities were swept aside.
Well, look, toying with someone who declines to leave his email
address with the liberalista Oregonian is no fun. It's obvious to me
that you prefer to avoid strong debate and contrary opinions from
among your UC Irvine Anteater students, the visual media, and your
departure from trial law to be an advocate for liberals, communists,
kakistocrats, statists, etc.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
"Big Money Playing an Outsized Role in Primary Elections"
<http://electionlawblog.org/?p=67196>
Posted onOctober 21, 2014 7:28 am
<http://electionlawblog.org/?p=67196>byRick Hasen
<http://electionlawblog.org/?author=3>
Press release via email: "In congressional primaries, bigger wallets
give a small set of mega-donors an outsized voice, according tonew
information released today by U.S. PIRG Education Fund and Demos
<http://www.uspirgedfund.org/reports/usf/big-money-dominates-congressional-primaries>.
Just 5,485 donors who gave $1,000 or more to candidates in the primaries
outspent the at least 440,362 small donors who gave less than $200, and
65 percent of all candidate contributions came from donors giving chunks
of $1,000 or more."
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
A Small Error in Justice Ginsburg Texas Voter ID Dissent?
<http://electionlawblog.org/?p=67193>
Posted onOctober 21, 2014 6:42 am
<http://electionlawblog.org/?p=67193>byRick Hasen
<http://electionlawblog.org/?author=3>
InJustice Ginsburg's 6-page dissent
<http://sblog.s3.amazonaws.com/wp-content/uploads/2014/10/Texas-order-voter-ID-10-18-14.pdf>in
the Texas voter id case, she writes: "Nor will Texas accept photo ID
cards issued by the U. S. Department of Veterans' Affairs."
A few people have pointed me
tomaterial<http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.63.htm#63.0101>from
Texas which seems to suggest that these cards would be acceptable as a
form of military identification. Veterans ID cards do not expire, and
therefore they seem to meet the Texas requirement: "a United States
military identification card that contains the person's photograph that
has not expiredor that expired no earlier than 60 days before the date
of presentation." (my emphasis)
It seemspretty clear t <http://co.hidalgo.tx.us/index.aspx?NID=1494>hat
veterans cards with photo IDs that do not expire are ok. But I've seen
some references to veterans cards which lack pictures, which are not
acceptable. Even if that's correct, and I'm not sure it is, Justice
Ginsburg's statement still seems incorrect.
Can anyone from Texas clarify?
*Update*: The Texas Secretary of State's officehas responded
<https://twitter.com/VoteTexas/status/524572683959164928>via Twitter:
"Veterans Affairs ID cards are an acceptable form of photo ID in TX. See
slides 20 & 21
here:http://www.sos.state.tx.us/elections/forms/id/acceptable-forms-of-ID.pdf ...
<http://t.co/KZU29pBl1q>"
This seems to confirm Justice Ginsburg made a small error in her
decision. I expect to see that sentence deleted or altered.
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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>
"The Cost of Controversy: Arizona Federal-Only Ballots Cost Nearly
$15K Apiece in Tucson" <http://electionlawblog.org/?p=67191>
Posted onOctober 21, 2014 6:23 am
<http://electionlawblog.org/?p=67191>byRick Hasen
<http://electionlawblog.org/?author=3>
A ChapinBlog
<http://blog.lib.umn.edu/cspg/electionacademy/2014/10/the_cost_of_controversy_arizon.php>.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
"States That Make Voting Super Simple--or Stupidly Hard"
<http://electionlawblog.org/?p=67189>
Posted onOctober 21, 2014 6:22 am
<http://electionlawblog.org/?p=67189>byRick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg Politics graphic
<http://www.bloomberg.com/politics/graphics/2014-states-where-voting-is-easiest/>.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,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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