[EL] ELB News and Commentary 10/24/14
Rick Hasen
rhasen at law.uci.edu
Thu Oct 23 21:50:35 PDT 2014
Attacks and Defense of the Wisconsin GAB
<http://electionlawblog.org/?p=67369>
Posted onOctober 23, 2014 6:28 pm
<http://electionlawblog.org/?p=67369>byRick Hasen
<http://electionlawblog.org/?author=3>
Attack
<http://www.gazettextra.com/20141021/matt_pommer_vos_promises_change_in_government_accountability_board>:
An angry Assembly Speaker Robin Vos, R-Rochester, is vowing to
change how Wisconsin elections and ethics are regulated.
Vos says the Government Accountability Board (GAB) is
"dysfunctional, unresponsive, and totally undemocratic." The board
which oversees elections is composed of six former judges who are
appointed by the governor and confirmed by the State Senate.
Vos complains about the board's handling of legislative-recall
petitioning and voting, and its support for the John Doe
investigation into possible illegal coordination between Gov. Scott
Walker and conservative groups. He also disliked the model ballot
offered to county clerks for this year's general election.
Defense
<http://www.jsonline.com/news/opinion/your-views-b99375359z1-280120692.html>:
fI feel compelled to respond to Rep. Robin Vos' comments about
Kevin Kennedy, director of the Government Accountability Board ("Doe
effort called 'death warrant,'"
<http://www.jsonline.com/news/statepolitics/wisconsin-club-for-growth-leader-calls-john-doe-subpoena-death-warrant-b99366624z1-278401971.html> Oct.
8).
I served on both the State of Wisconsin Elections Board and the GAB
while Kennedy was the director, and I can tell you that his service
was exceptional in each case. Kennedy has a national reputation as
an expert in election affairs and has taught and counseled election
agencies throughout this nation.
Vos' criticism is ill-informed. Perhaps his comments reflect
partisan priorities over outstanding and faithful public service to
the people of his state. Or perhaps he is uncomfortable with an
agency that follows the dictates of the Wisconsin Statutes.
In any event, his criticism of the GAB and its director are without
any basis.
*Judge Gordon Myse (Ret.)*
/Appleton/
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
"Nearly 50 DAs decline to investigate Chisholm in John Doe"
<http://electionlawblog.org/?p=67367>
Posted onOctober 23, 2014 6:06 pm
<http://electionlawblog.org/?p=67367>byRick Hasen
<http://electionlawblog.org/?author=3>
It just doesn't stop
<http://www.jsonline.com/news/statepolitics/nearly-50-das-decline-to-investigate-chisholm-in-john-doe-b99376883z1-280219202.html>in
Wisconsin: "Nearly 50 elected district attorneys from around Wisconsin
have declined a request by a conservative group to investigate the
Milwaukee County prosecutor behind a secret probe into Gov. Scott
Walker's campaign and his allies."
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery
<http://electionlawblog.org/?cat=12>
"The Disgust Election" <http://electionlawblog.org/?p=67365>
Posted onOctober 23, 2014 5:42 pm
<http://electionlawblog.org/?p=67365>byRick Hasen
<http://electionlawblog.org/?author=3>
Tim Egan on CU:
<http://www.nytimes.com/2014/10/24/opinion/the-disgust-election.html>
Justice Anthony Kennedy doesn't strike me as the kind of guy I'd
want to share a beer and a brat with, or be stuck next to on a long
flight. But I would like for the most influential swing voter on the
Supreme Court
<http://topics.nytimes.com/top/reference/timestopics/organizations/s/supreme_court/index.html?inline=nyt-org> to
step away from his legal aerie, and wade through some of the muck
that he and four fellow justices have given us with the 2014 campaign.
How did we lose our democracy? Slowly at first, and then all at
once. This fall, voters are more disgusted, more bored and more
cynical about the midterm elections than at any time in at least two
decades.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Florida Redistricting Case Heads to State Supreme Court"
<http://electionlawblog.org/?p=67363>
Posted onOctober 23, 2014 3:15 pm
<http://electionlawblog.org/?p=67363>byRick Hasen
<http://electionlawblog.org/?author=3>
Roll Call reports
<http://atr.rollcall.com/2014-florida-redistricting-case-heads-to-state-supreme-court/>.
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Posted inredistricting <http://electionlawblog.org/?cat=6>
"Appeals court rejects Wisconsin Club for Growth request to
reconsider John Doe ruling" <http://electionlawblog.org/?p=67361>
Posted onOctober 23, 2014 3:08 pm
<http://electionlawblog.org/?p=67361>byRick Hasen
<http://electionlawblog.org/?author=3>
AP reports.
<http://host.madison.com/wsj/news/local/govt-and-politics/article_81640556-6ef4-5272-82e5-c2a0aa6595a0.html#.VEl7fnGDnLM.twitter>
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
"Ginsburg Wasn't So Wrong About Texas and Veteran's I.D.s"
<http://electionlawblog.org/?p=67359>
Posted onOctober 23, 2014 3:05 pm
<http://electionlawblog.org/?p=67359>byRick Hasen
<http://electionlawblog.org/?author=3>
Texas Election Law
<http://texaselectionlaw.wordpress.com/2014/10/23/ginsburg-wasnt-so-wrong-about-texas-and-veterans-i-d-s/> Blog:
Media sources and veterans groups castigated the law for what what
veterans groups saw as a betrayal of their constituency. The outrage
caught Governor Perry and the bill drafters by surprise, and came at
an awkward time for Governor Perry (who was at that time campaigning
for the Republican nomination in the 2012 Presidential election, and
who was touting his support for a strong military).
The proponents and drafters of the Texas picture I.D. law had been
so eager to disenfranchise minorities, the poor, the disabled, the
elderly, and students, etc., that they had rushed headlong into
accidentally disenfranchising a large, politically active, and vocal
voting bloc with symbolic importance for conservatives.
Oops.
The political reaction was swift. After delicate consultations (the
rumblings of which are lightly hinted at within an October 17, 2013
memo issued by Keith Ingram, which among other things, urges county
election officials to "discard" earlier materials regarding voter
I.D.
<http://www.sos.state.tx.us/elections/laws/advisory2013-13.shtml>),
the Secretary of State determined that the proper interpretation of
the law was that veteran's I.D.s were acceptable because they didn't
expire (glossing over the fact that/ technically/, veteran's I.D.s
are not military I.D.s, and veterans are not members of the
military). But things were briefly touch and go between groups
touting veteran's rights and the State of Texas.
Of course, what the episode illustrated in a more general way was
the fundamental hypocrisy of the 2011 law -- that the law was
subject to ad hoc changes in its application and textual
interpretation to benefit one group of voters over another, if those
voters happened to be "the right kind of voters."
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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>
Gov. Christie's Clarification of His "Voting Mechanism" Remarks Not
Clarifying, Still Objectionable <http://electionlawblog.org/?p=67356>
Posted onOctober 23, 2014 2:55 pm
<http://electionlawblog.org/?p=67356>byRick Hasen
<http://electionlawblog.org/?author=3>
YesterdayI noted with incredulit <http://electionlawblog.org/?p=67271>y
these comments from Gov. Chris Christie:
Would you rather have Rick Scott in Florida overseeing the voting
mechanism, or Charlie Crist? Would you rather have Scott Walker in
Wisconsin overseeing the voting mechanism, or would you rather have
Mary Burke? Who would you rather have in Ohio, John Kasich or Ed
FitzGerald?" he asked.
In the face of criticism for these comments, theGovernor today clarified
<http://www.northjersey.com/news/christie-seeks-to-clarify-comments-on-minimum-wage-1.1116825>:
Christie, who is chairman of the Republican Governors Association
this year, was making a push for electing GOP gubernatorial
candidates a the chamber's Institute for Legal Reform, which
advocates for rules and laws to protect companies from lawsuits,
when he made the "voting mechanisms" remark. Asked Thursday if that
comment meant he supports the strict voter identification laws that
some states have adopted, Christie said that is not what he meant.
"Everybody read much too much into that," he said. "You know who
gets to appoint people, who gets to decide in part what the rules
are, I'd much rather have Republican governors counting those votes
when we run in 2016 as Republicans that I would have Democrats.
There was no specific reference to any laws."
Christie noted that he was specifically talking about electing
Republican governors and that it is state legislatures that are
passing voter identification requirements.
He still wants to make sure that we have "Republican governors counting
those votes."
Still objectionable. We need nonpartisan election administration.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
True the Vote Declares that "Elections Will Be Stolen" on November 4
<http://electionlawblog.org/?p=67353>
Posted onOctober 23, 2014 2:22 pm
<http://electionlawblog.org/?p=67353>byRick Hasen
<http://electionlawblog.org/?author=3>
From a fundraising email:
Screen Shot 2014-10-23 at 2.21.16 PM
<http://electionlawblog.org/wp-content/uploads/Screen-Shot-2014-10-23-at-2.21.16-PM.png>
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Posted infraudulent fraud squad <http://electionlawblog.org/?cat=8>,The
Voting Wars <http://electionlawblog.org/?cat=60>
Are Stanford Political Science Professors Messing with a Montana
Election? <http://electionlawblog.org/?p=67350>
Posted onOctober 23, 2014 1:54 pm
<http://electionlawblog.org/?p=67350>byRick Hasen
<http://electionlawblog.org/?author=3>
What to make ofthis
<http://hosted2.ap.org/NHCON/c26bcf5af6bd4fda84f3e73888f72aef/Article_2014-10-23-MT--Supreme%20Court-Elections/id-d583ae565a404581b023aa2cd9901a75>?
Morehere
<http://www.flatheadmemo.com/archives_2014/october_2014/2014-10-23_unknown_group_misuses_montana_seal.html>.
UPDATE:Confirmation <http://data.stanford.edu/dime>this is a Stanford
experiment.
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Posted incampaigns <http://electionlawblog.org/?cat=59>
Federal Court Rejects True the Vote Claims Against IRS
<http://electionlawblog.org/?p=67347>
Posted onOctober 23, 2014 1:22 pm
<http://electionlawblog.org/?p=67347>byRick Hasen
<http://electionlawblog.org/?author=3>
Read Judge Reggie Walton's23-page decision
<http://electionlawblog.org/wp-content/uploads/ttv-irs.pdf>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,tax law
and election law <http://electionlawblog.org/?cat=22>
"Emergency voting measures during Hurricane Sandy violated N.J. law,
inviting fraud, study finds" <http://electionlawblog.org/?p=67345>
Posted onOctober 23, 2014 11:42 am
<http://electionlawblog.org/?p=67345>byRick Hasen
<http://electionlawblog.org/?author=3>
NJ.com
<http://www.nj.com/politics/index.ssf/2014/10/emergency_voting_measures_during_hurricane_sandy_violated_nj_law_inviting_fraud_study_finds.html>:
Emergency measures intended to allow people to vote in the days
immediately following Hurricane Sandy violated state law, concludes
a highly-critical report released today
<https://law.newark.rutgers.edu/files/RutgerLawHurricaneSandyReport.pdf> by
the Rutgers School of Law in Newark.
The study said those measures---which included allowing people to
request mail-in ballots by fax and email---led to mass confusion,
overwhelming many county clerks on election day.
We need better disaster contingency planning for elections. This cannot
be created in the midst of an emergency.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
"Republicans Relying on Non-Party Allies By a 5:1 Margin in Battle
for Control of Senate" <http://electionlawblog.org/?p=67343>
Posted onOctober 23, 2014 11:36 am
<http://electionlawblog.org/?p=67343>byRick Hasen
<http://electionlawblog.org/?author=3>
CFI release
<http://cfinst.org/Press/PReleases/14-10-23/Republicans_Relying_on_Non-Party_Allies_By_a_5_1_Margin_in_Battle_for_Control_of_Senate.aspx>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"The Poll Tax That Wasn't" <http://electionlawblog.org/?p=67341>
Posted onOctober 23, 2014 11:34 am
<http://electionlawblog.org/?p=67341>byRick Hasen
<http://electionlawblog.org/?author=3>
Rich
Lowry<http://www.politico.com/magazine/story/2014/10/the-poll-tax-that-wasnt-112123.html#.VElJ-5PF_Z4>in
Politico magazine defends voter id laws.
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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>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
"Voters vote on the future of voting"
<http://electionlawblog.org/?p=67339>
Posted onOctober 23, 2014 11:18 am
<http://electionlawblog.org/?p=67339>byRick Hasen
<http://electionlawblog.org/?author=3>
That's the lead story in this week'sElectionline Weekly
<http://www.electionline.org/index.php/electionline-weekly>.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,voting
<http://electionlawblog.org/?cat=31>
"Journal Times editorial: Judge-shopping must be stopped"
<http://electionlawblog.org/?p=67337>
Posted onOctober 23, 2014 10:58 am
<http://electionlawblog.org/?p=67337>byRick Hasen
<http://electionlawblog.org/?author=3>
Editorial
<http://journaltimes.com/news/opinion/editorial/journal-times-editorial-judge-shopping-must-be-stopped/article_1706562e-de29-57d7-b179-9b9f7f33d9b5.html>:
A Milwaukee Journal Sentinel report last week disclosed what
appeared to be a blatant case of "judge-shopping."
When the conservative group Citizens for Responsible Government
Advocates filed a lawsuit earlier this month, they filled out
paperwork in a way as to ensure they could get a particular judge to
oversee the case, the Oct. 17 article stated.
The case had to do with campaign finance and how groups and
candidates could work together.
Not surprisingly, after the "judge-shopping," U.S. District Judge
Rudolph Randa, who was the presiding judge over the case, "issued an
order limiting how campaign finance laws could be enforced, opening
the door for groups and candidates to team up in the weeks before
the Nov. 4 election," the Journal Sentinel reported.
Cases are supposed to be randomly assigned, but in this case the
group said it was related to other similar cases the judge had
presided over and therefore should go to him.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"O'Keefe uncovers hypothetical support for hypothetical voter fraud"
<http://electionlawblog.org/?p=67335>
Posted onOctober 23, 2014 10:54 am
<http://electionlawblog.org/?p=67335>byRick Hasen
<http://electionlawblog.org/?author=3>
The /Colorado Independent /reports
<http://www.coloradoindependent.com/149965/okeefe-uncovers-hypothetical-support-for-hypothetical-voter-fraud>.
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Posted infraudulent fraud squad <http://electionlawblog.org/?cat=8>,The
Voting Wars <http://electionlawblog.org/?cat=60>
"Justice Ginsburg Issues Timely Correction in Texas Voter ID
Dissent" <http://electionlawblog.org/?p=67333>
Posted onOctober 23, 2014 10:51 am
<http://electionlawblog.org/?p=67333>byRick Hasen
<http://electionlawblog.org/?author=3>
WSJ reports.
<http://blogs.wsj.com/washwire/2014/10/23/justice-ginsburg-issues-timely-correction-in-texas-voter-id-dissent/>
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>
"There are 850 164-year-old voters in New York City --- and other
quirks of the voter registration process"
<http://electionlawblog.org/?p=67331>
Posted onOctober 23, 2014 9:23 am
<http://electionlawblog.org/?p=67331>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo reports.
<http://www.washingtonpost.com/blogs/the-fix/wp/2014/10/23/there-are-850-164-year-old-voters-in-new-york-city-and-other-quirks-of-the-voter-registration-process/>
Hanlon's razor <http://en.wikipedia.org/wiki/Hanlon%27s_razor>, my friends.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
"How Mitch McConnell Is Bending Every Last Campaign Finance Rule"
<http://electionlawblog.org/?p=67329>
Posted onOctober 23, 2014 8:25 am
<http://electionlawblog.org/?p=67329>byRick Hasen
<http://electionlawblog.org/?author=3>
Lee Fang
writes<http://www.thenation.com/article/184313/how-mitch-mcconnell-bending-every-last-campaign-finance-rule>for
The Nation.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Thinking About the Paths for Campaign Finance Regulation"
<http://electionlawblog.org/?p=67326>
Posted onOctober 23, 2014 7:27 am
<http://electionlawblog.org/?p=67326>byRick Hasen
<http://electionlawblog.org/?author=3>
Bob Bauer blogs.
<http://www.moresoftmoneyhardlaw.com/2014/10/thinking-paths-campaign-finance-regulation/>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Republicans' Deeply Cynical Move: Dismiss Voting While Making It
Harder" <http://electionlawblog.org/?p=67324>
Posted onOctober 23, 2014 7:26 am
<http://electionlawblog.org/?p=67324>byRick Hasen
<http://electionlawblog.org/?author=3>
Seth Michaels at TPM Cafe.
<http://talkingpointsmemo.com/cafe/republicans-deeply-cynical-move>
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voting
<http://electionlawblog.org/?cat=31>
"Ernst campaign requests recount procedures of several counties"
<http://electionlawblog.org/?p=67322>
Posted onOctober 23, 2014 7:20 am
<http://electionlawblog.org/?p=67322>byRick Hasen
<http://electionlawblog.org/?author=3>
Iowa Senate
race<http://thegazette.com/subject/news/politics/election/campaigns/ernst-campaign-requests-recount-procedures-of-several-counties-20141022>could
see overtime.
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Posted inrecounts <http://electionlawblog.org/?cat=50>
Tables Turned Dep't: NC Warns That NAACP's Actions May
Disenfranchise Voters <http://electionlawblog.org/?p=67320>
Posted onOctober 23, 2014 7:18 am
<http://electionlawblog.org/?p=67320>byRick Hasen
<http://electionlawblog.org/?author=3>
Seriously
<http://www.carolinajournal.com/exclusives/display_exclusive.html?id=11488>?
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Posted inThe Voting Wars <http://electionlawblog.org/?cat=60>
"Shame on Texas and the U.S. Supreme Court"
<http://electionlawblog.org/?p=67318>
Posted onOctober 22, 2014 8:16 pm
<http://electionlawblog.org/?p=67318>byRick Hasen
<http://electionlawblog.org/?author=3>
Andrew Cohen LAT oped
<http://www.latimes.com/opinion/op-ed/la-oe-1023-cohen-texas-voting-rights-20141023-story.html>.
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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>
Meanwhile, Under Wisconsin's Voter ID Law, Veterans Cards are Not
Okay <http://electionlawblog.org/?p=67316>
Posted onOctober 22, 2014 5:38 pm
<http://electionlawblog.org/?p=67316>byRick Hasen
<http://electionlawblog.org/?author=3>
Withthe Justice Ginsburg correction
<http://electionlawblog.org/?p=67275>in the Texas voter id case today, a
number of readers have pointed me to Wisconsin's voter id law, which
apparently /rejects/a veterans card as proof of valid identification.
(The Supreme Court has put the Wisconsin voter id lawon hold
<http://electionlawblog.org/?p=66601>for this election, though it could
wellbe back <http://electionlawblog.org/?p=66646>.)
UnderWis. Stat. 5.02(6m
<http://docs.legis.wisconsin.gov/statutes/statutes/5/I/02/6m/>)(a)3, "An
identification card issued by a U.S. uniformed service" is valid for
voting. But this does not include an ID card issued by the Veterans
Administration, which is not a uniform service. I understand that at
the trial in /Frank v. Walker/, some witnesses who had VA cards
testified that they could not use that card and could not easily get
another form of acceptable identification.
The language of the Texas statute is not much different from
Wisconsin'a.It allows <http://electionlawblog.org/?p=67193>a "a United
States military identification card that contains the person's
photograph that has not expired or that expired no earlier than 60 days
before the date of presentation."
Texas has said it accepts
<https://twitter.com/VoteTexas/status/524572683959164928>the VA card,
which perhaps is a "military identification card" but not one "issued by
a U.S. uniform service."
So in that sense, Wisconsin's law is stricter than Texas's. At least in
Texas, I think people who lack the VA card should follow Sarah
Silverman's advice toGet Nana a Gun.
<http://www.youtube.com/watch?v=ypRW5qoraTw> Concealed weapons permits
are A-OK in Texas (though apparently not in Wisconsin).
Got that?
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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>
--
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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