[EL] ELB News and Commentary 10/30/14

Rick Hasen rhasen at law.uci.edu
Wed Oct 29 20:40:41 PDT 2014


    "Southern Democrats, Courting Black Voters, Focus Senate Campaigns
    on Racial Scars" <http://electionlawblog.org/?p=67630>

Posted onOctober 29, 2014 8:35 pm 
<http://electionlawblog.org/?p=67630>byRick Hasen 
<http://electionlawblog.org/?author=3>

NYT reports. 
<http://www.nytimes.com/2014/10/30/us/politics/from-democrats-election-focus-on-racial-scars.html?ref=politics&_r=0>

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Posted incampaigns <http://electionlawblog.org/?cat=59>


    "Secretary of State candidate violates election law"
    <http://electionlawblog.org/?p=67628>

Posted onOctober 29, 2014 8:29 pm 
<http://electionlawblog.org/?p=67628>byRick Hasen 
<http://electionlawblog.org/?author=3>

Indiana Daily Student 
<http://www.idsnews.com/article/2014/10/secretary-of-state-candidate-violates-election-law>:

    Secretary of State candidate Beth White and current Marion County
    clerk will be facing penalties after the midterm election on Nov. 4.

    The Democratic challenger to incumbent Connie Lawson was outed by
    the Indiana Republican Party last week for not having a financial
    disclaimer on postcard-sized ?campaign literature.

    According to Indiana campaign finance regulations, all campaign
    literature must disclose who paid for it.

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


    "Two Billionaires Contribute Yet Another $1,280,000 to 'Yes'
    Campaign for Top-Two in Oregon" <http://electionlawblog.org/?p=67626>

Posted onOctober 29, 2014 5:44 pm 
<http://electionlawblog.org/?p=67626>byRick Hasen 
<http://electionlawblog.org/?author=3>

Wow 
<http://www.ballot-access.org/2014/10/two-billionaires-contribute-yet-another-1280000-to-yes-campaign-for-top-two-in-oregon/>.

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


    "Document: Statewide network of Republican lawyers ready to
    intervene on Election Day" <http://electionlawblog.org/?p=67624>

Posted onOctober 29, 2014 5:22 pm 
<http://electionlawblog.org/?p=67624>byRick Hasen 
<http://electionlawblog.org/?author=3>

Topeka Capital-Journal 
<http://cjonline.com/news/2014-10-28/document-statewide-network-republican-lawyers-ready-intervene-election-day>:

    The Kansas Republican Party plans to have a statewide network of GOP
    lawyers ready to intervene on Election Day, and it will analyze
    close races for potential legal action --- as its director warns of
    "dubious tactics" from Democrats.

    The network of attorneys is part of the Republicans' plan for a
    poll-watching program as well as an Election Day war room with a
    complement of lawyers on standby. The party will target some polling
    locations for all-day observation and is urging candidates, county
    officers and precinct leaders to become poll agents (often called
    poll watchers) and visit polling locations.

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Posted incampaigns <http://electionlawblog.org/?cat=59>,The Voting Wars 
<http://electionlawblog.org/?cat=60>


    "Missouri A.G. Chris Koster rebuts report that campaign money
    steered office away from investigations"
    <http://electionlawblog.org/?p=67621>

Posted onOctober 29, 2014 4:50 pm 
<http://electionlawblog.org/?p=67621>byRick Hasen 
<http://electionlawblog.org/?author=3>

KC Star: 
<http://www.kansascity.com/news/government-politics/article3446678.html>

    Missouri Attorney General Chris Koster vehemently denied allegations
    published Wednesday in The New York Times
    <http://www.nytimes.com/2014/10/29/us/lobbyists-bearing-gifts-pursue-attorneys-general.html?_r=1>that
    his office gave preferential treatment to companies it was
    investigating in exchange for campaign contributions.

    Koster, a Democrat who is his party's presumptive nominee for
    governor in 2016, was featured prominently in the story that
    explored lobbyists' influence on state attorneys general around the
    nation.

    He denied any wrongdoing and slammed the Times' reporting.

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


    "With New Campaign Finance Rules, You Can't Really Follow The Money"
    <http://electionlawblog.org/?p=67619>

Posted onOctober 29, 2014 3:02 pm 
<http://electionlawblog.org/?p=67619>byRick Hasen 
<http://electionlawblog.org/?author=3>

Nick Confessore 
<http://www.npr.org/2014/10/29/359839652/for-midterm-campaigns-theres-a-small-number-of-incredibly-rich-donors>on 
NPR's Fresh Air.

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


    "Campaign Spending On State Judicial Elections"
    <http://electionlawblog.org/?p=67617>

Posted onOctober 29, 2014 3:01 pm 
<http://electionlawblog.org/?p=67617>byRick Hasen 
<http://electionlawblog.org/?author=3>

Today's Diane Rehm show. 
<http://thedianerehmshow.org/shows/2014-10-29/campaign_spending_on_state_judicial_elections>

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Posted incampaigns <http://electionlawblog.org/?cat=59>,judicial 
elections <http://electionlawblog.org/?cat=19>


    "Fact Checker: Could noncitizen voters swing Senate?"
    <http://electionlawblog.org/?p=67615>

Posted onOctober 29, 2014 2:40 pm 
<http://electionlawblog.org/?p=67615>byRick Hasen 
<http://electionlawblog.org/?author=3>

The Reno Journal Gazette reports 
<http://www.rgj.com/story/news/politics/2014/10/29/fact-checker-noncitizen-voters-swing-senate/18131029/>.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>


    "Does Election Law Serve the Electorate?"
    <http://electionlawblog.org/?p=67612>

Posted onOctober 29, 2014 1:35 pm 
<http://electionlawblog.org/?p=67612>byRick Hasen 
<http://electionlawblog.org/?author=3>

I am very excited to participate inthis event 
<http://electionlawblog.org/9261293150243720572859>for the University of 
Chicago Legal Forum. (I'll bepresenting a paper 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2497192>on 
uniformity in election administration.)  Here are the details:


      Legal Forum Symposium: Does Election Law Serve the Electorate?

    Date:

    Friday, November 7, 2014 - 9:00am - 3:30pm

    Contact info (email or phone):

    ericajaffe at uchicago.edu <mailto:ericajaffe at uchicago.edu>

    The Symposium will take place in Room V, from 9:00 a.m.- 11:45 a.m.
    and continue after lunch and the keynote from 1:45 p.m. -- 3:30 p.m..

    The keynote speaker at this year's event will be Cass Sunstein,
    Felix Frankfurter Professor of Law.

    The keynote will take place at 12 p.m. in Room II

    *PANELS*

    Governance, Polarization, and the Role of Election Law: 9 a.m. --
    10:30 a.m.
    Voters and Redistricting: 10:45 a.m. -- 12 p.m.
    Campaign Finance: 1:45 p.m. -- 2:15 p.m.
    Rules and Regulations: 2:30 p.m. -- 3:30 p.m.

    Participants

    Richard Briffault, Columbia Law School
    Josh Chafetz, Cornell University Law School
    Guy-Uriel Charles, Duke University School of Law
    Edward Foley, The Ohio State University Michael E. Moritz College of Law
    Luis Fuentes-Rohwer, Indiana University Maurer School of Law
    Richard Hasen, University of California, Irvine School of Law
    Ellen Katz, University of Michigan Law School
    Nolan McCarty, Woodrow Wilson School of Public and International Affairs
    Michael Morley, Barry University School of Law
    Nathaniel Persily, Stanford Law School
    Michael Pitts, Indiana University Robert H. McKinney School of Law
    James Sample, Hofstra University School of Law
    David Schleicher, George Mason University School of Law
    Nicholas Stephanopoulos, University of Chicago Law School
    David Strauss, University of Chicago Law School
    Zephyr Teachout, Fordham University School of Law

    All events are open to the public.
    For more information, please contact Erica Jaffe at
    ericajaffe at uchicago.edu <mailto:ericajaffe at uchicago.edu>
    For special assistance or needs, please contact Lucienne Goodman at
    773-702-0877.

    Faculty:

    Cass R. Sunstein <http://www.law.uchicago.edu/faculty/sunstein>

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,pedagogy 
<http://electionlawblog.org/?cat=23>


    "Uncounted Votes The Racially Discriminatory Effects of Provisional
    Ballots" <http://electionlawblog.org/?p=67610>

Posted onOctober 29, 2014 1:05 pm 
<http://electionlawblog.org/?p=67610>byRick Hasen 
<http://electionlawblog.org/?author=3>

New report 
<http://www.americanprogress.org/issues/race/report/2014/10/29/99886/uncounted-votes/>from 
the Center for American Progress. From the emailed press release:

    *RELEASE: The Racially Discriminatory Effects of Provisional Ballots*

    Washington, D.C. --- One week ahead of the 2014 midterm elections,
    much has been made of the new, more suppressive voting laws in
    states across the country. These laws often disproportionately
    impact communities of color and could disenfranchise hundreds of
    thousands of voters, but new data show that the votes of those who
    make it to the voting booth may not be counted either. A
    first-of-its-kind look
    <http://www.americanprogress.org/issues/race/report/2014/10/28/99886> at
    2012 data from the Center for American Progress has identified 16
    states where the casting of provisional ballots significantly
    correlated with high shares of minority and non-English-speaking
    voting populations. Meanwhile, an increase in restrictive laws could
    mean that provisional ballots will play a key role in competitive
    2014 elections.

    There were 2.7 million provisional ballots filed in the United
    States in 2012, and nearly one-third of those were not counted.
    Rejections happen for many reasons, including cumbersome voter
    registration procedures, restrictive voting laws, poorly maintained
    voter lists, election office mismanagement, and voter error. But the
    analysis found a statistically significant correlation between
    minority voting-age population and the number of provisional ballots
    cast at the county level in 16 states: Arizona, California,
    Colorado, Kansas, Maryland, Montana, North Carolina, Nebraska, New
    Jersey, New Mexico, New York, Ohio, Oklahoma, Pennsylvania, South
    Dakota, and Utah. The list of states and the number of provisional
    ballots cast---nearly 2 percent of all in-person ballots---suggest
    the option is being used beyond what was originally intended.

    "Provisional ballots were designed to be a fail safe to ensure
    voters can have their voice heard under unusual circumstances," said
    Michele Jawando
    <http://www.americanprogress.org/about/staff/jawando-michele/bio/>,
    Vice President for Legal Progress at the Center for American
    Progress. "The sheer number of provisional ballots being cast
    suggests that some states are using them in place of effective
    election administration. That nearly 25 percent of these ballots are
    rejected entirely suggests that more than 500,000 Americans are
    being silenced on Election Day, and they are often minority voters."

    Many states use provisional ballots for different reasons. New York
    and New Jersey saw high numbers of provisional ballots in 2012
    because both states allowed voters displaced by Hurricane Sandy to
    cast provisional ballots at any polling location in the state. But a
    state such as California---where all five of the demographic groups
    tested were disproportionately affected by provisional
    balloting---shows that while laws lowering barriers to access
    certainly help with access, there is still work ahead to ensure
    eligible voters are enfranchised at polling places.

    However, instead of addressing issues such as poll worker education
    and more-progressive voting laws, many states have gone in reverse
    since 2012. Several states have implemented more-restrictive voting
    laws, including adding voter ID requirements, cutting same-day
    registration and early-voting days, and even limiting provisional
    balloting in North Carolina. Georgia is currently struggling with
    questions about unaccounted for voter registration forms that could
    lead to the casting of provisional ballots, making the state's
    failure to report their use of provisional ballots in 2012
    troubling. Five other states were not required to report this data
    because they have same-day registration or only one jurisdiction, in
    Alaska's case. No reason was given for Georgia's failure to
    report. Colorado is one of a few states that have improved voting
    laws since 2012, including moving to mail-in balloting.

    "It is important to recognize that this analysis only looks at one
    way a voter can be left out on Election Day," Jawando said. "In many
    states, strict laws prevent people from ever even entering a polling
    place to cast a ballot. Our voting laws should ensure that all
    eligible voters have open access to voting, and we need more
    research to understand the impact of more-restrictive voting laws.
    Today, there are too many obstacles for too many voters, preventing
    hundreds of thousands of voices from being heard in our elections."

    *Background*

    The analysis
    <http://www.americanprogress.org/issues/race/report/2014/10/28/99886> found
    a statistically significant correlation between minority voting-age
    population and the number of provisional ballots cast at the county
    level in 16 states: Arizona, California, Colorado, Kansas, Maryland,
    Montana, North Carolina, Nebraska, New Jersey, New Mexico, New York,
    Ohio, Oklahoma, Pennsylvania, South Dakota, and Utah. It tested for
    relationships between the allocation of provisional ballots and five
    county-based demographic variables:

     1. Percentage of citizen voting-age population that is African American
     2. Percentage of citizen voting-age population that is Hispanic
     3. Percentage of citizen voting-age population that is Asian
     4. Percentage of citizen voting-age population that is overall minority
     5. Voting Rights Act Section 203 counties---those with significant
        voting-age populations who speak a language other than English

In 2012, 2.7 million provisional ballots were submitted, up from 2.1 
million in 2008. Of those, 24.1 percent were rejected entirely, and 6.7 
percent were only partially counted---meaning not all of the races on 
the ballot were counted.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,provisional ballots 
<http://electionlawblog.org/?cat=67>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,Voting Rights Act 
<http://electionlawblog.org/?cat=15>


    "This is what it's like to try to get a Voter ID when you're
    disabled, poor or don't drive" <http://electionlawblog.org/?p=67608>

Posted onOctober 29, 2014 12:59 pm 
<http://electionlawblog.org/?p=67608>byRick Hasen 
<http://electionlawblog.org/?author=3>

WonkBlog. 
<http://www.washingtonpost.com/blogs/wonkblog/wp/2014/10/29/this-is-what-its-like-to-try-to-get-a-voter-id-when-youre-disabled-poor-or-dont-drive/>

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


    "Ann Ravel's Shakespearian Tragedy"
    <http://electionlawblog.org/?p=67606>

Posted onOctober 29, 2014 12:57 pm 
<http://electionlawblog.org/?p=67606>byRick Hasen 
<http://electionlawblog.org/?author=3>

Paul Jossey blogs 
<http://thereplawyer.blogspot.com/2014/10/ann-ravels-shakespearian-tragedy.html>.

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


    "'Wall Street Journal' Editorial Misses the Point on Coordination"
    <http://electionlawblog.org/?p=67604>

Posted onOctober 29, 2014 11:34 am 
<http://electionlawblog.org/?p=67604>byRick Hasen 
<http://electionlawblog.org/?author=3>

Brent Ferguson blogs. 
<http://www.brennancenter.org/blog/wall-street-journal-editorial-misses-point-coordination>

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


    "As Texas votes early, voter ID sparks frustration and motivation"
    <http://electionlawblog.org/?p=67602>

Posted onOctober 29, 2014 11:05 am 
<http://electionlawblog.org/?p=67602>byRick Hasen 
<http://electionlawblog.org/?author=3>

Ari Melber writes. 
<http://www.msnbc.com/msnbc/texas-votes-early-voter-id-sparks-frustration-and-motivation>

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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>


    "Could Tom Steyer's Environmental Ad Campaign Swing the Senate?"
    <http://electionlawblog.org/?p=67599>

Posted onOctober 29, 2014 10:48 am 
<http://electionlawblog.org/?p=67599>byRick Hasen 
<http://electionlawblog.org/?author=3>

Elizabeth 
Kolbert<http://www.newyorker.com/news/daily-comment/importance-tom-steyers-environmental-advertising-campaign?utm_source=tny&utm_medium=email&utm_campaign=dailyemail&mbid=nl_102914_Daily&CUST_ID=&spMailingID=7241974&spUserID=MjczNzc0ODk3NDAS1&spJobID=543177829&spReportId=NTQzMTc3ODI5S0>New 
Yorker comment.

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


    Republicans Claim Voter Suppression, Descry Dark Money in WA Top-Two
    Race <http://electionlawblog.org/?p=67597>

Posted onOctober 29, 2014 10:42 am 
<http://electionlawblog.org/?p=67597>byRick Hasen 
<http://electionlawblog.org/?author=3>

Gotta 
love<http://www.spokesman.com/stories/2014/oct/29/sen-sheldon-says-group-violates-caign-finance/>the 
role reversal.

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Posted incampaigns <http://electionlawblog.org/?cat=59>


    "Political mailer includes opponent's SSN and driver's license
    number" <http://electionlawblog.org/?p=67592>

Posted onOctober 29, 2014 10:32 am 
<http://electionlawblog.org/?p=67592>byRick Hasen 
<http://electionlawblog.org/?author=3>

Boing Boing 
<http://boingboing.net/2014/10/28/political-mailer-includes-oppo.html>.

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Posted incampaigns <http://electionlawblog.org/?cat=59>


    "US court denies motion to sequester Article XII ballots"
    <http://electionlawblog.org/?p=67590>

Posted onOctober 29, 2014 10:29 am 
<http://electionlawblog.org/?p=67590>byRick Hasen 
<http://electionlawblog.org/?author=3>

The latest 
<http://www.mvariety.com/cnmi/cnmi-news/local/70548-us-court-denies-motion-to-sequester-article-xii-ballots>from 
the CNMI voting dispute.

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Posted invoting <http://electionlawblog.org/?cat=31>


    "Beyond Ferguson -- Unrepresentative Democracy in City Elections"
    <http://electionlawblog.org/?p=67588>

Posted onOctober 29, 2014 10:27 am 
<http://electionlawblog.org/?p=67588>byRick Hasen 
<http://electionlawblog.org/?author=3>

FairVote blogs. 
<http://www.fairvote.org/research-and-analysis/blog/beyond-ferguson-unrepresentative-democracy-in-city-elections/>

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Posted invoting <http://electionlawblog.org/?cat=31>


    "Big out-of-state money pours into Missouri judicial race"
    <http://electionlawblog.org/?p=67585>

Posted onOctober 29, 2014 7:56 am 
<http://electionlawblog.org/?p=67585>byRick Hasen 
<http://electionlawblog.org/?author=3>

LAT reports. 
<http://www.latimes.com/nation/politics/politicsnow/la-pn-missouri-judges-20141029-story.html#page=1>

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

-- 
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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