[EL] MOVE Act question in #KSSEN/1st Amendment issues

[Rick Hasen]

SOS Kobach says he's pushing the deadline for 8 days (to 9/27). Will he 
need to get a federal waiver from the MOVE Act?  Is he likely to get 
it?  What penalty if he does this without a waiver?

It seems to me that if Democrats say nothing for the 8 days and then 
appoint no one, then Kobach would be hard pressed to have any time to 
sue to name a candidate.

(It also seems that there would be deep First Amendment issues in a 
judicial order forcing a party to nominate a candidate.)

Thoughts?

-- 
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