[EL] ELB News and Commentary 9/15/15
Rick Hasen
rhasen at law.uci.edu
Sun Sep 14 21:00:23 PDT 2014
"Bill Maher announced he's targeting Rep. John Kline. He picked the
wrong guy." <http://electionlawblog.org/?p=65433>
Posted onSeptember 14, 2014 4:38 pm
<http://electionlawblog.org/?p=65433>byRick Hasen
<http://electionlawblog.org/?author=3>
Aaron Blake
<http://www.washingtonpost.com/blogs/the-fix/wp/2014/09/12/bill-maher-announces-hes-targeting-rep-john-kline-he-picked-the-wrong-guy/>:
Comedian Bill Maher announced Friday night that he will
personally target Republican Rep. John Kline (Minn.) for defeat in
the November election --- the culmination of his longstanding "Flip
a District" contest in which the HBO host allowed his viewers to
pick which Republican he would attempt to unseat
<http://www.washingtonpost.com/lifestyle/style/bill-maher-is-smug-outspoken-and-just-might-get-a-congressman-voted-out-of-office/2014/09/11/e0786f8c-3765-11e4-9c9f-ebb47272e40e_story.html>.
The final four were Kline and Reps. Blake Farenthold (R-Tex.), Mike
Coffman (R-Colo.) and Renee Ellmers (R-N.C.). Maher made the
announcement Friday from his show in Washington, D.C.
Maher in 2012 donated $1 million to the super PAC devoted to
reelecting President Obama
<http://www.washingtonpost.com/blogs/post-politics/post/bill-maher-gives-1-million-to-obama-backing-super-pac-priorities-usa/2012/02/24/gIQAX6dqXR_blog.html>,
so it's clear he puts his money where his mouth is. But in targeting
Kline, that money is probably going to be poorly spent.
That's because Kline, quite simply, isn't a Democratic target.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
"With a win on the line in Colorado, Democrats hope to mail it in"
<http://electionlawblog.org/?p=65431>
Posted onSeptember 14, 2014 4:23 pm
<http://electionlawblog.org/?p=65431>byRick Hasen
<http://electionlawblog.org/?author=3>
Reid Wilson
<http://www.washingtonpost.com/blogs/govbeat/wp/2014/09/12/with-a-win-on-the-line-in-colorado-democrats-hope-to-mail-it-in/>for
WaPo:
Here in the Senate battleground of Colorado, the latest front in the
voting wars is the mailbox.
In other states, that fight has generally centered on laws that
opponents say restrict voter access -- measures, largely passed by
Republican legislatures, that require voter identification or reduce
the number of days for early voting.
But Colorado is operating under a new system designed to do the
opposite: For the first time this year, every registered voter will
get a ballot delivered to them through the mail, weeks before Nov. 4.
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Posted inabsentee ballots <http://electionlawblog.org/?cat=53>,election
administration <http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
"Voter ID reinstatement could mean trouble in November"
<http://electionlawblog.org/?p=65429>
Posted onSeptember 14, 2014 4:18 pm
<http://electionlawblog.org/?p=65429>byRick Hasen
<http://electionlawblog.org/?author=3>
Journal Sentinel editorial.
<http://www.jsonline.com/blogs/news/274955401.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>
"Court OKs Voter ID in Wisconsin" <http://electionlawblog.org/?p=65427>
Posted onSeptember 14, 2014 4:13 pm
<http://electionlawblog.org/?p=65427>byRick Hasen
<http://electionlawblog.org/?author=3>
Josh Gerstein reports
<http://www.politico.com/blogs/under-the-radar/2014/09/court-oks-voter-id-in-wisconsin-195398.html>for
Politico.
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Posted inethics investigations <http://electionlawblog.org/?cat=42>,The
Voting Wars <http://electionlawblog.org/?cat=60>,voter id
<http://electionlawblog.org/?cat=9>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
Inside Peek into #MayDayPAC <http://electionlawblog.org/?p=65425>
Posted onSeptember 13, 2014 3:05 pm
<http://electionlawblog.org/?p=65425>byRick Hasen
<http://electionlawblog.org/?author=3>
Fascinating
<http://www.dailykos.com/story/2014/09/13/1329533/-Mayday-PAC-staffers-comment-on-missing-5-million-critics-holding-their-noses-and-more#>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Appeals panel won't halt judge's early-voting order"
<http://electionlawblog.org/?p=65423>
Posted onSeptember 13, 2014 3:01 pm
<http://electionlawblog.org/?p=65423>byRick Hasen
<http://electionlawblog.org/?author=3>
AP reports
<http://www.dispatch.com/content/stories/local/2014/09/13/appeals-panel-wont-halt-judges-early-voting-order.html> from
Ohio. My earlier coverage of the 6th Circuit order ishere
<http://electionlawblog.org/?p=65407>.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
"Judge sentences Sen. Rod Wright to 3 months in jail"
<http://electionlawblog.org/?p=65421>
Posted onSeptember 13, 2014 2:58 pm
<http://electionlawblog.org/?p=65421>byRick Hasen
<http://electionlawblog.org/?author=3>
The /Sacramento Bee/reports.
<http://www.sacbee.com/2014/09/12/6701920/judge-sentences-rod-wright-to.html>One
interesting question (about which I opine in the article) is whether
Wright is automatically ousted by virtue of his felony conviction. The
relevant case I found is Helena Rubenstein Internat. v. Younger
<http://law.justia.com/cases/california/calapp3d/71/406.html>, 71 Cal.
App. 3d 406 (1977).
//
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Posted inchicanery <http://electionlawblog.org/?cat=12>
Coverage of WI Voter ID 7th Circuit Developments
<http://electionlawblog.org/?p=65419>
Posted onSeptember 13, 2014 2:55 pm
<http://electionlawblog.org/?p=65419>byRick Hasen
<http://electionlawblog.org/?author=3>
Journal Sentinel
<http://www.jsonline.com/news/appeals-panel-questions-why-voter-id-shouldnt-be-in-place-nov-4-b99350157z1-274904111.html>
NYT
<http://www.nytimes.com/2014/09/13/us/voter-id-law-in-wisconsin-is-permitted-by-us-court.html>
AP
<http://hosted.ap.org/dynamic/stories/U/US_VOTER_ID_WISCONSIN?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT>
Bloomberg
<http://www.bloomberg.com/news/2014-09-12/wisconsin-wins-bid-to-enforce-voter-id-rule-in-november.html>
Reuters
<http://www.reuters.com/article/2014/09/12/us-usa-wisconsin-voter-idUSKBN0H726S20140912>
PR Watch
<http://www.prwatch.org/news/2014/09/12601/scott-walker%E2%80%99s-favorite-judge-could-rescue-voter-id>
Awaiting word whether plaintiffs will seek to reimpose the stay either
with the entire 7th Circuit en banc or SCOTUS.
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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>
"The G.O.P.'s Edge in House Elections"
<http://electionlawblog.org/?p=65417>
Posted onSeptember 13, 2014 2:51 pm
<http://electionlawblog.org/?p=65417>byRick Hasen
<http://electionlawblog.org/?author=3>
Letters to the Editor
<http://www.nytimes.com/2014/09/13/opinion/the-gops-edge-in-house-elections.html?_r=0> Re
"Why Democrats Can't Win
<http://www.nytimes.com/2014/09/07/upshot/why-democrats-cant-win.html>"
(The Upshot, Sunday Review, Sept. 7).
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Posted inredistricting <http://electionlawblog.org/?cat=6>
Danziger Cartoon Channels Anatole France in Describing CJ Roberts'
McCutcheon Opinion <http://electionlawblog.org/?p=65415>
Posted onSeptember 13, 2014 2:49 pm
<http://electionlawblog.org/?p=65415>byRick Hasen
<http://electionlawblog.org/?author=3>
Read <http://www.gocomics.com/jeffdanziger/2014/04/06>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
"U.S. judge questions Republican challenge to pay-to-play rule"
<http://electionlawblog.org/?p=65413>
Posted onSeptember 13, 2014 2:47 pm
<http://electionlawblog.org/?p=65413>byRick Hasen
<http://electionlawblog.org/?author=3>
Reuters
<http://wkzo.com/news/articles/2014/sep/12/us-judge-questions-republican-challenge-to-pay-to-play-rule/>:
" A U.S. district judge questioned on Friday whether two state
Republican parties have legal standing to challenge a U.S. Securities
and Exchange Commission rule that puts some restrictions on asset
managers when they make campaign contributions."
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
Breaking: 6th Circuit Refuses to Stay Ohio Early Voting Order
<http://electionlawblog.org/?p=65407>
Posted onSeptember 12, 2014 4:20 pm
<http://electionlawblog.org/?p=65407>byRick Hasen
<http://electionlawblog.org/?author=3>
What is it with judges issuing opinions late on Fridays?
A three judge panel of the Sixth Circuit has just issuedthis order
<http://electionlawblog.org/wp-content/uploads/oh-6th.pdf>denying Ohio's
request to put on hold a district court order requiring Ohio to restore
early voting days (including "Golden Week") which the Republican
legislature tried to cut.
For those who have noted that all the judges who just allowed
Wisconsin's voter id law to go into effect were Republican-appointed, it
is worth noting that all the judges in the Sixth Circuit today were
Democrat-appointed.
Part of the Sixth Circuit's reason for rejecting Ohio's argument that
the restoration of early voting is not required by either the
Constitution or the Voting Rights Act section 2 is that it says Ohio did
not cite any legal authority supporting its argument, while the
plaintiffs cited Sixth Circuit authority which helped them.
Here is a bit ofmy analysis <http://electionlawblog.org/?p=64964>of the
earlier district courtorder
<http://electionlawblog.org/wp-content/uploads/072_order_granting_pi.pdf>:
6. The main problem with the equal protection theory and the VRA
section 2 theory is the same: Ohio's law is not all that burdensome,
and in fact it provides many opportunities for voting (such as a
still very long early voting period of 28 days and no excuse
absentee balloting for a long period) which are not available in
other states. If 28 days is unconstitutional and a voting rights
violation, what does this say about places like New York, which
offer no early voting? Although the judge says he is not applying a
"non-retrogression" standard such as that which used to exist under
section 5 of the VRA, that appears to be what he is doing to at
least some extent. The judge says the cutbacks are relevant in a
totality of the circumstances approach to section 2 VRA applicability.
7. Perhaps most surprisingly, the judge does not really give us a
full test for determining when a vote denial case constitutes a
violation of section 2 of the Voting Rights Act. This is an issue
which is dividing the lower courts, from the capacious reading of
section 2 in Frank v. Walker <http://electionlawblog.org/?p=64270>,
the federal case striking down Wisconsin's voter id law, to the much
narrower reading of section 2 in North Carolina Conference of
the NAACP v. McCrory <http://electionlawblog.org/?p=64152>, the
federal case rejecting a preliminary injunction for cutbacks in
early voting and other changes in North Carolina. The judge simply
throws up the section 2 "Zimmer factors" and has at it. The standard
does not explain whether any and every voting rule which has a
disparate impact on minority voters counts as a section 2 violation.
And if section 2 is that broad, is it a constitutional exercise of
Congress's power?
8. In the end, it might be that the trial court's ruling will stand,
because the Sixth Circuit has been reading equal protection
principles from /Bush v. Gore/ quite broadly, and requiring Ohio to
not retrogress in protections and benefits offered to voters. (I
analyzed these cases in The 2012 Voting Wars, Judicial Backstops,
and the Resurrection of Bush v. Gore
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2182857>, 81
/George Washington Law Review/ 1865 (2013).) But the opinion issued
today is quite undertheorized as a matter of law, and I am not sure
that it will stand up to further scrutiny, at least if applied in
other cases.
[This post has been updated.]
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
Breaking: 7th Circuit Allows WI Voter ID Law to Go Into Effect
Immediately <http://electionlawblog.org/?p=65399>
Posted onSeptember 12, 2014 2:00 pm
<http://electionlawblog.org/?p=65399>byRick Hasen
<http://electionlawblog.org/?author=3>
You can read the orderhere
<http://electionlawblog.org/wp-content/uploads/7th-wi-order.pdf>. From
the order:
After the district court's decision, the Supreme Court of Wisconsin
revised the procedures to make it easier for persons who have
difficulty affording any fees to obtain the birth certificates or
other documentation needed under the law, or to have the need for
documentation waived. Milwaukee Branch of NAACP v. Walker, 2014 WI
98 (July 31, 2014). This reduces the likelihood of irreparable
injury, and it also changes the balance of equities and thus the
propriety of federal injunctive relief. The panel has concluded that
the state's probability of success on the merits of this appeal is
sufficiently great that the state should be allowed to implement its
law, pending further order of this court.
This is abig, big mistake<http://electionlawblog.org/?p=65382>for
election administration reasons (regardless of how the court ultimately
comes out) and I expect now an emergency motion to the Supreme Court,
based uponPurcell v. Gonzalez,
<http://caselaw.lp.findlaw.com/data2/circs/us/06a375.pdf>to stop this
change. I think there's a decent chance the Supreme Court could
intervene on this, even if the Court ultimately islikely
<http://electionlawblog.org/?p=65380>to
<http://electionlawblog.org/?p=64964>reject
<http://electionlawblog.org/?p=64152>the constitutional and Voting
Rights Act challenges to this ruling.
I think this also is fairly indicative that the 7th Circuit panel will
be overturning the district court ruling finding WI's voter id law
violating both the Constitution and Section 2 of the Voting Rights
Amendment.
[This post has been updated.]
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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>
"Mary Landrieu internal investigation finds $33,700 in improperly
charged flights" <http://electionlawblog.org/?p=65397>
Posted onSeptember 12, 2014 1:50 pm
<http://electionlawblog.org/?p=65397>byRick Hasen
<http://electionlawblog.org/?author=3>
NOLA.com:
<http://www.nola.com/politics/index.ssf/2014/09/mary_landrieu_internal_investi.html> "Democratic
Sen. Mary Landrieu
<http://topics.nola.com/tag/mary-landrieu/index.html> on Friday released
the findings of an internal investigation into her travel that found
more than $33,700 in campaign flights were charged to her Senate
account. The report found 136 campaign functions were conducted during
43 trips paid for by the Senate office."
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
"A constitutional amendment to take Big Money out of politics dies
quietly" <http://electionlawblog.org/?p=65395>
Posted onSeptember 12, 2014 1:49 pm
<http://electionlawblog.org/?p=65395>byRick Hasen
<http://electionlawblog.org/?author=3>
Jim Gaines writes
<http://blogs.reuters.com/jamesrgaines/2014/09/12/nearly-80-percent-of-americans-want-it-but-their-chance-of-getting-it-just-took-another-hit/>for
Reuters Opinion.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Wisconsin's Scott Walker OKs new voter ID process"
<http://electionlawblog.org/?p=65393>
Posted onSeptember 12, 2014 1:47 pm
<http://electionlawblog.org/?p=65393>byRick Hasen
<http://electionlawblog.org/?author=3>
AP reports.
<http://www.twincities.com/localnews/ci_26521979/wisconsins-scott-walker-oks-new-voter-id-process>
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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>
When Was the Last Time a Rich Person Failed to Qualify a Measure for
CA Ballot? <http://electionlawblog.org/?p=65391>
Posted onSeptember 12, 2014 1:32 pm
<http://electionlawblog.org/?p=65391>byRick Hasen
<http://electionlawblog.org/?author=3>
Six Californias fails to qualify for ballot, perChris Megarian
<https://twitter.com/ChrisMegerian/status/510524882161917952>.
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Posted indirect democracy <http://electionlawblog.org/?cat=62>
"RNLA Statement on FEC agreement to revise campaign finance
regulations" <http://electionlawblog.org/?p=65389>
Posted onSeptember 12, 2014 12:04 pm
<http://electionlawblog.org/?p=65389>byRick Hasen
<http://electionlawblog.org/?author=3>
Here.
<http://thereplawyer.blogspot.com/2014/09/rnla-statement-on-fec-agreement-to.html>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
"California Sen. Wright gets 90 days in jail for perjury, voter
fraud" <http://electionlawblog.org/?p=65387>
Posted onSeptember 12, 2014 10:19 am
<http://electionlawblog.org/?p=65387>byRick Hasen
<http://electionlawblog.org/?author=3>
LAT reports.
<http://www.latimes.com/local/political/la-me-pc-rod-wright-sentenced-jail-20140912-story.html>
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Posted inchicanery <http://electionlawblog.org/?cat=12>
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-shouldnt-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. [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>."]
Here's what the Supreme Court said inPurcell v. Gonzalez
<http://www.supremecourt.gov/opinions/06pdf/05-547.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
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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>
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
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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>
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.
Share
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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>
Share
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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."
Share
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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.
Share
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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>.
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65370&title=%E2%80%9C%D0%BD%D0%B5%20%D0%BD%D0%B0%D0%B4%D0%BE%20%28%E2%80%9CDon%E2%80%99t%E2%80%9D%29%3A%20NYC%20Pollworkers%20Told%20Not%20to%20Assist%20Many%20Voters%20Needing%20Language%20Assistance%E2%80%9D&description=>
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.
Share
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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.
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65366&title=%E2%80%9CGeorge%20Will%3A%20Senate%20Democrats%E2%80%99%20extremism%20on%20display%E2%80%9D&description=>
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>.
Share
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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>
Share
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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.
Share
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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.
Share
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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>.
Share
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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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