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

[Rob Richie]

Almost certainly this is designed to rile up the GOP base in the "reverse
Torricelli" way you suggested earlier. But seems high stakes, especially
given likely adverse impact on military voters overseas.

California's top two primary allows no changes to ballot choices after June
primary and blocks write ins, but forcing a party to nominate someone would
seem to be unprecedented and utterly in conflict with the first century of
American elections that up until the late 1800s didn't even involve any
government-printed ballots.

Rob
On Sep 18, 2014 7:39 PM, "Rick Hasen" <rhasen at law.uci.edu> wrote:

> 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
>
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