[EL] ELB News and Commentary 9/18/14
Rick Hasen
rhasen at law.uci.edu
Wed Sep 17 20:16:10 PDT 2014
"Judge Edits 'Independent' From Ballot Proposition"
<http://electionlawblog.org/?p=65600>
Posted onSeptember 17, 2014 8:13 pm
<http://electionlawblog.org/?p=65600>byRick Hasen
<http://electionlawblog.org/?author=3>
NY Law Journal
<http://www.newyorklawjournal.com/this-weeks-news/id=1202670398200/Judge-Edits-Independent-From-Ballot-Proposition?mcode=1202615038803&curindex=1&slreturn=20140817231120>:
A judge Wednesday ordered state elections officials to delete the
word "independent" from the description and text of a proposition
<http://www.elections.ny.gov/NYSBOE/Elections/2014/Proposals/ProposalOneFinal.pdf> on
November's general election ballot that would create a new
commission to oversee the redrawing of congressional and state
legislative lines every 10 years.
Albany Supreme Court Justice Patrick McGrath (See Profile
<http://judges.newyorklawjournal.com/profile/Rensselaer_County_Court/Patrick_McGrath/Patrick_McGrath-754.xml>)
said the commission would be a creature of the state Legislature,
with its makeup dependent on which parties are in the majority in
each chamber.
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Posted incitizen commissions <http://electionlawblog.org/?cat=7>,direct
democracy <http://electionlawblog.org/?cat=62>,redistricting
<http://electionlawblog.org/?cat=6>
"Under the Radar: State Associations and Election Administration"
<http://electionlawblog.org/?p=65598>
Posted onSeptember 17, 2014 8:06 pm
<http://electionlawblog.org/?p=65598>byRick Hasen
<http://electionlawblog.org/?author=3>
David Kimball, Brady Baybeck, and Ray Deppen have postedthis
draft<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2497657>on
SSRN. Here is the abstract:
This paper is part of a larger project on the urban and rural
dimensions of election administration. There is a dramatic skew in
the distribution of voters across local jurisdictions. We enumerate
the state associations of local election officials and examine how
they aggregate their members' preferences on election laws and
procedures, with a focus on early voting policies. We hope that our
findings will bring a much needed local focus to the nationalized
discussion over election reform and highlight the nexus between
politics and administration in a very important policy arena.
I relied on this excellent piece in mynew uniformity draft
<http://electionlawblog.org/?p=65551>.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
"Reviving Wisconsin voter ID a 'recipe for chaos,' advocates warn"
<http://electionlawblog.org/?p=65596>
Posted onSeptember 17, 2014 7:55 pm
<http://electionlawblog.org/?p=65596>byRick Hasen
<http://electionlawblog.org/?author=3>
Zack Roth reports
<http://www.msnbc.com/msnbc/reviving-wisconsin-voter-id-recipe-chaos-advocates-warn>for
MSNBC.
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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>
7th Cir. Orders Response in WI Voter ID En Banc Motion, But Not
Until Sept. 23 <http://electionlawblog.org/?p=65593>
Posted onSeptember 17, 2014 6:58 pm
<http://electionlawblog.org/?p=65593>byRick Hasen
<http://electionlawblog.org/?author=3>
I am surprised thatthis court order
<http://electionlawblog.org/wp-content/uploads/7th-order.pdf>gives
Wisconsin so much time to respond. In the meantime, there will be amad
scramble <http://electionlawblog.org/?p=65563>to totry to comply
<http://electionlawblog.org/?p=65549>with the law and getting id's to
everyone that needs them, which looks to be a very tall order indeed.
And it may be all for naught.
I just wonder if things would have gone faster by going directly to the
Supreme Court.
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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>
"Rethinking the Right to Vote Under State Constitutions"
<http://electionlawblog.org/?p=65591>
Posted onSeptember 17, 2014 1:48 pm
<http://electionlawblog.org/?p=65591>byRick Hasen
<http://electionlawblog.org/?author=3>
Michael Morley writes
<http://www.vanderbiltlawreview.org/2014/09/rethinking-the-right-to-vote-under-state-constitutions/>at
/Vanderbilt Law Review En Banc/in response toJosh Douglas's piece
<http://www.vanderbiltlawreview.org/2014/01/the-right-to-vote-under-state-constitutions/>.
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Posted invoting <http://electionlawblog.org/?cat=31>
"50 Shades of Dark Money: GOP AG's Assoc. Money Is A Few Shades
Darker Than Democratic Counterparts; Here's Why"
<http://electionlawblog.org/?p=65589>
Posted onSeptember 17, 2014 1:46 pm
<http://electionlawblog.org/?p=65589>byRick Hasen
<http://electionlawblog.org/?author=3>
Arizona Politics reports
<http://arizonaspolitics.blogspot.com/2014/09/shades-of-dark-money-gop-ags-assoc.html>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Cato hosts panel on First Amendment: Strossen discusses McCutcheon
& history of ACLU stance" <http://electionlawblog.org/?p=65587>
Posted onSeptember 17, 2014 11:55 am
<http://electionlawblog.org/?p=65587>byRick Hasen
<http://electionlawblog.org/?author=3>
Concurring Opinions
<http://www.concurringopinions.com/archives/2014/09/fan-32-1-first-amendment-news-cato-hosts-panel-on-first-amendment-strossen-discusses-mccutcheon-history-of-aclu-stance.html>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Voter ID Is Bad for Republicans, Too"
<http://electionlawblog.org/?p=65585>
Posted onSeptember 17, 2014 11:53 am
<http://electionlawblog.org/?p=65585>byRick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg View
<http://www.bloombergview.com/articles/2014-09-17/voter-id-is-bad-for-republicans-too>editorial.
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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>
David Lublin on Public Financing in Montgomery County, MD
<http://electionlawblog.org/?p=65583>
Posted onSeptember 17, 2014 8:53 am
<http://electionlawblog.org/?p=65583>byRick Hasen
<http://electionlawblog.org/?author=3>
Here. <http://www.theseventhstate.com/?p=3941>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"The CEO and the Hydraulics of Campaign Finance Deregulation"
<http://electionlawblog.org/?p=65581>
Posted onSeptember 17, 2014 8:49 am
<http://electionlawblog.org/?p=65581>byRick Hasen
<http://electionlawblog.org/?author=3>
Sarah Haan has postedthis
draft<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2485561>on SSRN
(forthcoming,/Northwestern University Law Review/). Here is the abstract./
/
This Essay assesses what the Supreme Court's evolving campaign
finance jurisprudence could mean for business executives, who
continue to be among the most active campaign contributors, and for
politically-motivated consumers. It argues that voters increasingly
view their consumer activities, not their campaign contributions, as
the most meaningful way to participate in politics. It points to the
downfall of Mozilla's Brendan Eich in April, and to a recent wave of
politically-motivated boycotts of companies, as evidence that this
practice will have a meaningful impact on campaign finance
disclosure and, more broadly, on democratic participation. With some
on the Court eager to expand campaign finance disclosure exemptions
for "economic reprisal," this Essay concludes that the Court should
treat money as speech not only when wealthy individuals donate to
political candidates, but also when consumers spend money at the
cash register. The politicization of retail markets means that
business leaders are unlikely to respond to McCutcheon v. FEC by
embracing transparency with their campaign donations, and also
suggests that campaign finance deregulation is causing hydraulic
effects that the Court has failed to anticipate.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"To Improve Decision-Making, Lighten Up on Lobbyists | Commentary"
<http://electionlawblog.org/?p=65579>
Posted onSeptember 17, 2014 8:47 am
<http://electionlawblog.org/?p=65579>byRick Hasen
<http://electionlawblog.org/?author=3>
Jason Grumet Roll Call oped.
<http://www.rollcall.com/news/to_improve_decision_making_lighten_up_on_lobbyists_commentary-236355-1.html?pg=1>
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
"Judge: RR residents lost right to vote"
<http://electionlawblog.org/?p=65577>
Posted onSeptember 17, 2014 8:45 am
<http://electionlawblog.org/?p=65577>byRick Hasen
<http://electionlawblog.org/?author=3>
News
<http://www.abqjournal.com/462764/news/judge-rr-residents-lost-right-to-vote.html>from
New Mexico:
Calling the 2012 general election in Sandoval County "a debacle," a
federal judge has ruled in favor of three Republicans who claimed
actions by the Democratic county clerk and elections director
deprived voters of the chance to cast ballots.
There were problems administering the election in Rio Rancho, which
resulted in voters standing in long lines and waiting in some
instances for more than five hours to exercise their right to vote,
according to the order by District Judge William P. Johnson.
My earlier coverage. <chttp://electionlawblog.org/?p=64616>
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
"E&E Legal Files Referral with IRS Regarding Sierra Club and Sierra
Club Foundation Tax Law Violations"
<http://electionlawblog.org/?p=65575>
Posted onSeptember 17, 2014 8:43 am
<http://electionlawblog.org/?p=65575>byRick Hasen
<http://electionlawblog.org/?author=3>
Press release <http://eelegal.org/?p=3264>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,tax law
and election law <http://electionlawblog.org/?cat=22>
"WI Election Officials and Advocates Scrambling After Voter ID
Reinstated" <http://electionlawblog.org/?p=65573>
Posted onSeptember 17, 2014 8:38 am
<http://electionlawblog.org/?p=65573>byRick Hasen
<http://electionlawblog.org/?author=3>
PR Watch
<http://www.prwatch.org/news/2014/09/12603/wisconsin-scrambling-after-voter-id-reinstated>.
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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>
"Inside the bizarro super PAC that hates super PACs"
<http://electionlawblog.org/?p=65571>
Posted onSeptember 17, 2014 8:33 am
<http://electionlawblog.org/?p=65571>byRick Hasen
<http://electionlawblog.org/?author=3>
The Fix
<http://www.washingtonpost.com/blogs/the-fix/wp/2014/09/17/inside-the-bizarro-super-pac-that-hates-super-pacs/>:
The Daily Kos report mentioned above points to conversations in the
group's public chat room <https://botbot.me/freenode/maydaypac/>,
which appeared to suggest that Mayday had come up short in a
promised $5 million in funds that were meant to match the group's
frenetic July fundraising drive
<http://www.washingtonpost.com/blogs/the-switch/wp/2014/07/07/larry-lessigs-super-pac-to-end-super-pacs-raised-2-5-million-in-2-days/>.
"The Daily Kos piece was incredibly misleading because it suggested
we'd represented something that had turned out not to be true,"
Lessig said. The implication was that the group had fallen short.
Which, Lessig says, they never said they wouldn't. The plan was:
Raise a million dollars and match it from big donors. Then, raise
another five --- that July push --- and Lessig would try to match
that, too.
"I have from the very beginning said this was my objective," Lessig
said, "and I never once said we'd achieved the objective." The
original match was meant to inspire confidence in the system. The
second Lessig is still working on, but wouldn't provide details on
how much had been raised or from whom, saying only, "I think I'm
confident that we're about halfway to getting the five together." An
important addition to that: "Right now we're building a plan based
on the assumption that we're not going to get it." If they don't get
it, they simply have different sticks with which to poke.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
New Wisconsin Lawsuit Over Ballot Design
<http://electionlawblog.org/?p=65569>
Posted onSeptember 17, 2014 8:26 am
<http://electionlawblog.org/?p=65569>byRick Hasen
<http://electionlawblog.org/?author=3>
WisPolitics:
<http://elections.wispolitics.com/2014/09/republicans-file-suit-challenging.html?utm_medium=twitter&utm_source=twitterfeed>
Republicans filed suit this morning in Waukesha County court
challenging a redesigned ballot to be used for the November
election, arguing it unfairly favors Dems.
The lawsuit <http://wispolitics.com/1006/_140813Vote.pdf>, filed by
the campaigns of Assembly Speaker Robin Vos and Senate Majority
Leader Scott Fitzgerald, argues the *new design
<http://www.wispolitics.com/1006/large/140916general2014ballot.pdf>* will
also cause confusion among voters and lead to undervotes.
[Insert obvious point here about how rolling out voter id in the middle
of the election "will also cause confusion among voters and lead to
undervotes."]
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Posted incampaigns <http://electionlawblog.org/?cat=59>,election
administration <http://electionlawblog.org/?cat=18>
--
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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