[EL] Wisconsin's Government Accountability Board and elections
Hess, Doug
HESSDOUG at Grinnell.EDU
Fri Sep 12 14:02:28 PDT 2014
Does the Government Accountability Board in WI oversee elections in the sense of managing the election process or oversight in the sense of observing, inspection, review, auditing, evaluating, etc.?
More generally, do any states have a board that is charged with overseeing elections in that sense?
Doug
Douglas R. Hess
Assistant Professor of Political Science
Grinnell College
Carnegie Hall #302
1210 Park Street
Grinnell, Iowa 50112
Office: 641-269-4383
http://www.grinnell.edu/users/hessdoug
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Today's Topics:
1. Re: more on WI voter id/7th Circuit (Rick Hasen)
----------------------------------------------------------------------
Message: 1
Date: Fri, 12 Sep 2014 10:30:39 -0700
From: Rick Hasen <rhasen at law.uci.edu>
To: "law-election at UCI.edu" <law-election at uci.edu>
Subject: Re: [EL] more on WI voter id/7th Circuit
Message-ID: <54132DBF.9020106 at law.uci.edu>
Content-Type: text/plain; charset="iso-8859-1"; Format="flowed"
[Update <https://twitter.com/news3jessica/status/510475524268126208>:
"@Wisconsin_GAB <https://twitter.com/Wisconsin_GAB>spokesman says 11,815 absentee ballots have already been mailed to WI voters without photo ID
instructions.#news3 <https://twitter.com/hashtag/news3?src=hash>."]
On 9/12/14, 10:06 AM, Rick Hasen wrote:
>
>
> Very Bad Idea to Implement WI Voter ID Just Before the Election
> <http://electionlawblog.org/?p=65382>
>
> Posted onSeptember 12, 2014 10:05 am
> <http://electionlawblog.org/?p=65382>byRick Hasen
> <http://electionlawblog.org/?author=3>
>
> I've explained why weshouldn't be surprised
> <http://electionlawblog.org/?p=65380> if the 7th Circuit reverse the
> district court in the Wisconsin voter id case and rejects both the
> constitutional and Voting Rights Act section 2 claims brought against it.
>
> But it sounds like the judgesmay be ready to orde
> <http://www.jsonline.com/news/appeals-panel-questions-why-voter-id-sho
> uldnt-be-in-place-nov-4-b99350157z1-274904111.html>r
> (within days, I'd expect) use of the voter id in this election---which
> has been on hold thanks to the district court order and subject to a
> stay. WI had asked to lift the stay, and the 7th Circuit put
> thatruling on hold<http://electionlawblog.org/?p=64650>pending today's
> hearing.
>
> Making changes in election rules as voting gets underway (think of
> overseas and military voters, for whom the process starts 45 days
> before election) is likely to create a great deal of confusion and
> uncertainty. It is hard enough to administer an election with set
> rules---much less to change the rules midstream.
>
> Here's what the Supreme Court said inPurcell v. Gonzalez
> <imap://rhasen@exchange.uci.edu:993/fetch%3EUID%3E/Trash%3E153075?head
> er=quotebody&part=1.1.2.2&filename=06a375.pdf>,
> when the 9th Circuit put Arizona's voter id law on hold after a
> district court let it go into effect pending a trial on the merits:
>
> Faced with an application to enjoin operation of
> voter identification procedures just weeks before an election,
> the Court of Appeals was required to weigh, in addition to
> the harms attendant upon issuance or nonissuance of an injunction,
> considerations specific to election cases and its own
> institutional procedures. Court orders affecting elections,
> especially conflicting orders, can themselves result in voter
> confusion and consequent incentive to remain away from the polls.
> As an election draws closer, that risk will increase.
>
> That of course was the mirror image of today (district court said the
> id law was ok, appellate cour said no at the last minute). But the
> argument is more compelling going in this direction, where there will
> be a flood of people needing id for this election AND training of
> personnel and others for how to implement the new id laws. This is
> untested and Iagree with the ACLU
> <https://twitter.com/news3jessica/status/510472039514537984>that
> implementing it now would be a disaster.
>
> Share
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.
> org%2F%3Fp%3D65382&title=Very%20Bad%20Idea%20to%20Implement%20WI%20Vot
> er%20ID%20Just%20Before%20the%20Election&description=>
> Posted inelection administration
> <http://electionlawblog.org/?cat=18>,The Voting Wars
> <http://electionlawblog.org/?cat=60>,voter id
> <http://electionlawblog.org/?cat=9>
>
>
> Don't Be Surprised 7th Circuit Skeptical of Voting Rights Claim in
> Wisconsin Voter ID Case <http://electionlawblog.org/?p=65380>
>
> Posted onSeptember 12, 2014 9:26 am
> <http://electionlawblog.org/?p=65380>byRick Hasen
> <http://electionlawblog.org/?author=3>
>
> Here <http://electionlawblog.org/?p=60972>is my analysis of the
> district court order.
>
> 3. Both the constitutional law and VRA section 2 claims are
> controversial. On the con law point, the judge purports to apply
> the "Anderson-Burdick" balancing test that the Supreme Court
> applied in upholding Indiana's voter id law in the
> /Crawford/ case. The judge purports to apply /Crawford/, but
> reaches a different result. It is not clear that this is a fair
> application of that test--which seems to suggest at most that the
> law be upheld as to most voters but create an "as applied"
> exemption for a specific class of voters. The judge said that this
> was not practical in this case given the large number of Wisconsin
> voters who lack id. It is not clear that the appellate courts
> will agree.
>
> 4. On the VRA issue, this is the first full ruling on how to
> adjudicate voter id vote denial cases under section 2. The key
> test appears on page 52 of the pdf: "Based on the text, then, I
> conclude that Section 2 protects against a voting practice that
> creates a barrier to voting that is more likely to appear in the
> path of a voter if that voter is a member of a minority group than
> if he or she is not. The presence of a barrier that has this kind
> of disproportionate impact prevents the political process from
> being 'equally open' to all and results in members of the minority
> group having 'less opportunity' to participate in the political
> process and to elect representatives of their choice." The judge
> also approaches the causation/results question in a
> straightforward way. It is not clear whether the appellate courts
> will agree or not agree with this approach, which would seem to
> put a number of electoral processes which burden poor and minority
> voters up for possible VRA liability.
>
> In sum, this is a huge victory for voter id opponents. But time
> will tell if this ruling survives.
>
> Share
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.
> org%2F%3Fp%3D65380&title=Don%E2%80%99t%20Be%20Surprised%207th%20Circui
> t%20Skeptical%20of%20Voting%20Rights%20Claim%20in%20Wisconsin%20Voter%
> 20ID%20Case&description=>
> 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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--
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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