[EL] WI voter id oral arguments/more news

Fri Sep 12 09:19:37 PDT 2014

    Doesn't Sound Good for WI Voter ID Opponents
    <http://electionlawblog.org/?p=65378>

Posted onSeptember 12, 2014 9:18 am 
<http://electionlawblog.org/?p=65378>byRick Hasen 
<http://electionlawblog.org/?author=3>

Journal-Sentinel: Appeals panel questions why voter ID shouldn't be in 
place Nov. 4 
<http://www.jsonline.com/news/appeals-panel-questions-why-voter-id-shouldnt-be-in-place-nov-4-b99350157z1-274904111.html>

    Attorneys representing groups that successfully sued over
    Wisconsin's voter ID law came in for tough questioning Friday before
    a panel of three federal judges, with Judge Diane Sykes saying they
    had won "a whopper of a facial remedy" and questioning why the law
    shouldn't be put in place for the Nov. 4 election.

    "We are on the eve of an election," Sykes said.

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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>

    Judge Easterbrook Searches Internet *During* WI Voter ID Oral
    Argument <http://electionlawblog.org/?p=65376>

Posted onSeptember 12, 2014 8:57 am 
<http://electionlawblog.org/?p=65376>byRick Hasen 
<http://electionlawblog.org/?author=3>

Talk about going outside the lower court record for appellate on-the-fly 
factfinding:

Jessica 
Arp<https://twitter.com/news3jessica/status/510456269006966785>(on Twitter):

    Judge Easterbrook searched for new DMV rules on IDs on his computer
    during arguments and said he "only found a press release"#news3
    <https://twitter.com/hashtag/news3?src=hash>

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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>

    Justice Scalia Praises Gridlock <http://electionlawblog.org/?p=65374>

Posted onSeptember 12, 2014 8:24 am 
<http://electionlawblog.org/?p=65374>byRick Hasen 
<http://electionlawblog.org/?author=3>

AP 
<http://www.utsandiego.com/news/2014/sep/11/supreme-court-atonin-scalia-federalist-lawyers/> on 
Justice Scalia speech to Federalist Society in San Diego:

    "I hate to hear Americans going around grousing about gridlock," he
    explained. "That's the design of this system, that only really good
    legislation that has substantial support in the country will get
    through."

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Posted inpolitical parties 
<http://electionlawblog.org/?cat=25>,political polarization 
<http://electionlawblog.org/?cat=68>,Supreme Court 
<http://electionlawblog.org/?cat=29>

    About the En Banc Split in 7th Circuit in IN Voter ID Case
    <http://electionlawblog.org/?p=65372>

Posted onSeptember 12, 2014 7:58 am 
<http://electionlawblog.org/?p=65372>byRick Hasen 
<http://electionlawblog.org/?author=3>

Here is how I described that split in /The Untimely Death of Bush v. 
Gore/<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=976701>(/Stanford 
Law Review)/:

    The two judges in the Crawford majority were appointed by Republican
    presidents while the dissenting judge was appointed by a Democratic
    president.200 What's worse, the Seventh Circuit recently voted to
    deny en banc rehearing in Crawford, with the vote splitting along
    party lines (with one exception).201 Among other things, the
    dissenting judges argued that the Crawford majority applied the
    wrong standard of review,202 an issue that is ripe for consideration
    by the Supreme Court203 and now raised by the plaintiffs in their
    petition for writ of certiorari in the Court.204

    I am not arguing that the Seventh Circuit judges were consciously
    making decisions based upon what would be best for the party they
    support; instead, I am arguing that in the face of a paucity of
    evidence, the judges may be swayed by beliefs that seem to correlate
    with those who are members of their party.

    Judge Posner's majority opinion, for example, goes out of its way
    both to minimize the extent to which this law is likely to burden
    voters and to suggest (without any real evidence) that there is a
    great deal of impersonation vote fraud going on out there that is
    not easily detected. Judge Evans, in dissent, is the mirror image.
    He is greatly bothered by what he sees as the potential for voters
    to be disenfranchised (pointing to some suggestive anecdotes),
    while dismissing concerns about vote fraud as unsupported by the
    evidence.

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

    "?? ???? ("Don't"): NYC Pollworkers Told Not to Assist Many Voters
    Needing Language Assistance" <http://electionlawblog.org/?p=65370>

Posted onSeptember 12, 2014 7:39 am 
<http://electionlawblog.org/?p=65370>byRick Hasen 
<http://electionlawblog.org/?author=3>

A ChapinBlog 
<http://blog.lib.umn.edu/cspg/electionacademy/2014/09/_dont_nyc_pollworkers_told_not.php>.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,Voting Rights Act 
<http://electionlawblog.org/?cat=15>

    "America is a democracy. So why do we make it hard for certain
    people to vote?" <http://electionlawblog.org/?p=65368>

Posted onSeptember 12, 2014 7:38 am 
<http://electionlawblog.org/?p=65368>byRick Hasen 
<http://electionlawblog.org/?author=3>

Steven Thrasher 
<http://www.theguardian.com/commentisfree/2014/sep/12/american-democracy-voting-rights-minorities?CMP=twt_gu>Guardian 
column.

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

    "George Will: Senate Democrats' extremism on display"
    <http://electionlawblog.org/?p=65366>

Posted onSeptember 12, 2014 7:34 am 
<http://electionlawblog.org/?p=65366>byRick Hasen 
<http://electionlawblog.org/?author=3>

WaPo 
column<http://www.washingtonpost.com/opinions/george-will-senate-democrats-extremism-on-display/2014/09/10/abc33910-3842-11e4-9c9f-ebb47272e40e_story.html>on 
campaign finance amendment.

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

    Lawsuit Against DOD Seeking Online Voting Info
    <http://electionlawblog.org/?p=65364>

Posted onSeptember 12, 2014 7:27 am 
<http://electionlawblog.org/?p=65364>byRick Hasen 
<http://electionlawblog.org/?author=3>

A reader passes along the following:

          EPIC Files FOIA Lawsuit For Reports on Electronic Voting
          Reliability

    EPIC has filed aFreedom of Information Act lawsuit
    <http://epic.org/foia/dod/e-voting/EPIC-v-DOD-Complaint.pdf>to
    obtain test reports about an online voting program promoted by the
    Department of Defense. The records sought relate to the
    functionality and security of electronic voting systems. The
    California Secretary of State, Members of Congress, and voting
    rights advocates have tried to obtain these documents, but DOD has
    kept them secret even after promising public disclosure in
    2012.Computer scientists
    <https://www.verifiedvoting.org/projects/internet-voting-statement/>have
    long warned about the risks of electronic voting systems. In the
    complaint, EPIC states that "it is absolutely critical for the
    documents sought in this matter be disclosed prior to further
    deployment of e-voting systems in the United States." The case is
    EPIC v. Department of Defense, No 14-1555 (D.D.C. filed 9/11/2014).
    For more information, seeEPIC: EPIC v. DOD -- E-voting Security
    Tests <http://epic.org/foia/dod/e-voting/default.html>.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,voting technology 
<http://electionlawblog.org/?cat=40>

    "31.1 (First Amendment News) Proposed amendment to 1st Amendment
    fails --- A brief history of it all"
    <http://electionlawblog.org/?p=65362>

Posted onSeptember 12, 2014 7:26 am 
<http://electionlawblog.org/?p=65362>byRick Hasen 
<http://electionlawblog.org/?author=3>

Ron Collins blogs. 
<http://www.concurringopinions.com/archives/2014/09/31-1-first-amendment-news-proposed-amendment-to-1st-amendment-fails-a-brief-history-of-it-all.html>

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

    WI Voter ID: Convenient Timing Department
    <http://electionlawblog.org/?p=65360>

Posted onSeptember 12, 2014 7:23 am 
<http://electionlawblog.org/?p=65360>byRick Hasen 
<http://electionlawblog.org/?author=3>

As the Seventh Circuit hears arguments this morning in the voter id 
case,AP reports 
<http://hosted2.ap.org/WIEAU/d2ccb6c55bb549b287e32bed845fd969/Article_2014-09-10-WI--Wisconsin%20Voter%20ID/id-f8a11a2965f04f078aae8dafeb1abf65>: 
  "Wisconsin officials said Wednesday they've set up a free process to 
verify birth information for people looking for state identification 
cards to vote but who lack birth certificates."

LWV 
<http://www.lwvwi.org/LinkClick.aspx?fileticket=YihSECW3IPY%3d&tabid=41&mid=399>:

    Finally, anyone who would suggest implementing voter ID at this late
    date before an election must have it out for election officials and
    voters alike. Implementation would affect absentee voting, and
    municipal clerks are already preparing to send out absentee ballots.
    They would have to amend the instructions and establish new
    procedures for processing the ballots. They do not have time in
    these busy final
    weeks to retrain their poll workers and educate voters.

    The announcement of new procedures for obtaining an ID --- which is
    unneeded under the injunction --shows that the true intent of this
    law is not to improve elections but rather to cause confusion and
    discourage people from voting.

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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>

    2 of 3 Judges on WI 7th Circuit Voter ID Panel Voted Against
    Plaintifs in IN Voter ID Case; 1 Was Not on Court
    <http://electionlawblog.org/?p=65358>

Posted onSeptember 12, 2014 7:13 am 
<http://electionlawblog.org/?p=65358>byRick Hasen 
<http://electionlawblog.org/?author=3>

The judges chosen<http://www.ca7.uscourts.gov/cal/calendar.pdf>are 
Judges Easterbrook, Sykes, and Tinder. The first two voted against 
rehearing theCrawford case 
<http://moritzlaw.osu.edu/electionlaw/litigation/documents/crawford-dissent.pdf> upholding 
Indiana's voter id law.  Judge Tinder joined the court after that case.

Of course, the facts of the two cases are different, and the law is 
partially different (Crawford raised on an equal protection claim, while 
this case raises both equal protection and Voting Rights Act section 2 
claims). We've seen judges can change their mind on this issue. Judge 
Posner wrote the majority opinion in /Crawford/, andnow has called such 
laws 
<http://www.thedailybeast.com/articles/2013/10/23/why-judge-posner-is-right-on-voter-id-laws.html>a 
means of voter suppression.

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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>

    "Meet the art teacher who may keep Chad Taylor's name on the Kansas
    ballot" <http://electionlawblog.org/?p=65356>

Posted onSeptember 11, 2014 8:46 pm 
<http://electionlawblog.org/?p=65356>byRick Hasen 
<http://electionlawblog.org/?author=3>

Derek the Muller blogs 
<http://excessofdemocracy.com/blog/2014/9/meet-the-art-teacher-who-may-keep-chad-taylors-name-on-the-kansas-ballot>.

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Posted inballot access <http://electionlawblog.org/?cat=46>,campaigns 
<http://electionlawblog.org/?cat=59>

-- 
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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