[EL] ELB News and Commentary 9/22/14
Rick Hasen
rhasen at law.uci.edu
Sun Sep 21 22:20:26 PDT 2014
"Access to polls is in the hands of the courts"
<http://electionlawblog.org/?p=65715>
Posted onSeptember 21, 2014 10:14 pm
<http://electionlawblog.org/?p=65715>byRick Hasen
<http://electionlawblog.org/?author=3>
MSNBC reports
<http://www.msnbc.com/msnbc/access-polls-the-hands-the-courts>.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
"Chris McDaniel has a friend, who thinks Bush v. Gore will help
McDaniel win." <http://electionlawblog.org/?p=65713>
Posted onSeptember 21, 2014 10:12 pm
<http://electionlawblog.org/?p=65713>byRick Hasen
<http://electionlawblog.org/?author=3>
NMissCommentor explains.
<http://nmisscommentor.com/politics/chris-mcdaniel-has-a-friend-who-thinks-bush-v-gore-will-help-mcdaniel-win/>
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Posted inBush v. Gore reflections <http://electionlawblog.org/?cat=5>
WaPo Review of Teachout's "Corruption in America"
<http://electionlawblog.org/?p=65711>
Posted onSeptember 21, 2014 10:11 pm
<http://electionlawblog.org/?p=65711>byRick Hasen
<http://electionlawblog.org/?author=3>
Here
<http://www.washingtonpost.com/opinions/book-review-corruption-in-americaby-zephyr-teachout/2014/09/18/10c22734-32b9-11e4-8f02-03c644b2d7d0_story.html>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"How Wisconsin Prosecutors Became Campaign Partisans"
<http://electionlawblog.org/?p=65709>
Posted onSeptember 21, 2014 10:04 pm
<http://electionlawblog.org/?p=65709>byRick Hasen
<http://electionlawblog.org/?author=3>
Richard Esenberg WSJ oped
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
George Will is Worried About "Low[] Quality' Voters
<http://electionlawblog.org/?p=65707>
Posted onSeptember 21, 2014 10:03 pm
<http://electionlawblog.org/?p=65707>byRick Hasen
<http://electionlawblog.org/?author=3>
Will<http://www.nationalreview.com/article/388456/cashing-voting-george-will>on
Los Angeles considering a voting lottery to boost turnout:
Regarding voting, more often means worse. If money is necessary to
lure certain voters to the polls, those voters will lower the
quality of the turnout: They will be those people who are especially
uninterested in, and hence especially uninformed about, public
affairs. Why is it intelligent public policy to encourage their
participation?
As I
wrote<http://www.slate.com/articles/news_and_politics/politics/2014/02/the_new_conservative_assault_on_early_voting_more_republicans_fewer_voters.html>recently
in /Slate/:
But conservative critics of early voting runs don't just mistrust
early voters; they mistrust voters//in general.//As I explained
here,
<http://www.sacbee.com/2012/11/03/4958430/republicans-have-pursued-election.html> there
is a fundamental divide between liberals and conservatives about
what voting is /for/: Conservatives see voting as about choosing the
"best" candidate or "best" policies (meaning limits on who can vote,
when, and how might make the most sense), and liberals see it as
about the allocation of power among political equals. Cutting back
on early voting fits with the conservative idea of choosing the
"best" candidate by restraining voters from making supposed rash
decisions, rather than relying on them to make choices consistent
with their interests.
In a sense, the more barriers to voting, the better. Consider how
Jonah Goldberg put it in a 2005 /Los Angeles Times/ column: "Voting
should be harder, not easier---for everybody. ... If you are having
an intelligent conversation with somebody, is it enriched if a mob
of uninformed louts, never mind ex-cons and rapists, barges in?
People who want to make voting easier are in effect saying that
those who previously didn't care or know enough about the country to
vote are exactly the kind of voters this country needs now."
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Posted invoting <http://electionlawblog.org/?cat=31>
"Wisconsin Supreme Court asked to delay voter ID"
<http://electionlawblog.org/?p=65704>
Posted onSeptember 21, 2014 10:00 pm
<http://electionlawblog.org/?p=65704>byRick Hasen
<http://electionlawblog.org/?author=3>
The /Wisconsin State Journal/reports
<http://host.madison.com/wsj/news/local/govt-and-politics/wisconsin-supreme-court-asked-to-delay-voter-id/article_a9b150db-d246-55ca-9b03-1ef02bb7117a.html>.
(h/tRobbin Stewart)
<http://ballots.blogspot.com/2014/09/wi-supreme-court-asked-to-delay-voter.html>
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
"District Court Urged to Reject Challenge to Disclosure Provisions
Upheld by Supreme Court in Citizens United"
<http://electionlawblog.org/?p=65702>
Posted onSeptember 21, 2014 9:55 pm
<http://electionlawblog.org/?p=65702>byRick Hasen
<http://electionlawblog.org/?author=3>
CLC
<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=2603:september-19-2014-district-court-urged-to-reject-challenge-to-disclosure-provisions-upheld-by-supreme-court-in-citizens-united&catid=63:legal-center-press-releases&Itemid=61>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"California's FPPC Provides Example for Dysfunctional Fedral
Agencies to Follow: Trevor Potter's 40th Anniversary Keynote
Address" <http://electionlawblog.org/?p=65699>
Posted onSeptember 21, 2014 9:52 pm
<http://electionlawblog.org/?p=65699>byRick Hasen
<http://electionlawblog.org/?author=3>
Here.
<http://www.clcblog.org/index.php?option=com_content&view=article&id=575:californias-fppc-provides-example-for-dysfunctional-federal-agencies-to-follow-trevor-potters-40th-anniversary-keynote-address>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"First Battle in the Battle for the First Amendment"
<http://electionlawblog.org/?p=65697>
Posted onSeptember 21, 2014 9:50 pm
<http://electionlawblog.org/?p=65697>byRick Hasen
<http://electionlawblog.org/?author=3>
Bill Maurer writes.
<http://thehill.com/blogs/congress-blog/civil-rights/217577-shall-congress-make-a-law-abridging-speech>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"What's Next for Campaign Finance Reform?"
<http://electionlawblog.org/?p=65695>
Posted onSeptember 21, 2014 9:48 pm
<http://electionlawblog.org/?p=65695>byRick Hasen
<http://electionlawblog.org/?author=3>
Meredith McGehee blogs.
<http://www.clcblog.org/index.php?option=com_content&view=article&id=573:whats-next-for-campaign-finance-reform>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Tens of Thousands of WI Students Face New Voting Hurdles"
<http://electionlawblog.org/?p=65693>
Posted onSeptember 21, 2014 9:47 pm
<http://electionlawblog.org/?p=65693>byRick Hasen
<http://electionlawblog.org/?author=3>
Brendan Fischer blogs.
<http://www.prwatch.org/news/2014/09/12604/thousands-wi-students-could-be-disenfranchised>
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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>
"Lying in Campaigns and the Judicial Response"
<http://electionlawblog.org/?p=65691>
Posted onSeptember 21, 2014 9:44 pm
<http://electionlawblog.org/?p=65691>byRick Hasen
<http://electionlawblog.org/?author=3>
Bauer blogs.
<http://www.moresoftmoneyhardlaw.com/2014/09/lying-political-campaigns-judicial-response/>
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Posted incampaigns <http://electionlawblog.org/?cat=59>
We Get Letters <http://electionlawblog.org/?p=65689>
Posted onSeptember 21, 2014 9:42 pm
<http://electionlawblog.org/?p=65689>byRick Hasen
<http://electionlawblog.org/?author=3>
Via email (all spelling and grammar per the original):
Hi electionlawblog.org's Editor,
I'm Linda, a passionate writer. I love to write on
technology,family, shopping and relating tips.
I found your site electionlawblog.org on the Internet and I really
want to be one of your guest post writers. I see some awesome posts
about home decoration and I wonder "do they accept Guest Post?".
I have amazing ideas about Tecnology . My article will show
applicable and amazing tips.
Please let me know if you're interested. I'm willing to send you an
unique and attractive article. I already know your blogging style,
plus I understand what your readers love... as I am one.
Look forward to hearing from you soon!
All the best,
Linda
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
The Latest on 2d #KSSEN Lawsuit <http://electionlawblog.org/?p=65684>
Posted onSeptember 21, 2014 9:41 pm
<http://electionlawblog.org/?p=65684>byRick Hasen
<http://electionlawblog.org/?author=3>
In the latest lawsuit, a nominally Democratic voter is suing to force
Democrats to choose an opponent for the U.S. Senate race in Kansas after
the Kansas Supreme Court removed Democrat Chad Taylor from the ballot. I
explained on Friday <http://electionlawblog.org/?p=65672>the four
reasons I do not expect the lawsuit to be successful. (You can read
thewrit of mandamus
<http://electionlawblog.org/wp-content/uploads/112487PetitionWritMandamus.pdf>andmemorandum
supporting the writ
<http://electionlawblog.org/wp-content/uploads/112487PetitionWritMandamus.pdf>.)
Meanwhile, although Kansas Secretary of State Kris Kobach agreed to
send out overseas ballots without any Democrats name included, he has
left open the possibility of sending out supplemental ballots if the
court orders a Democrats to come up with a new name for the ballot.
Other ballots are also on hold, and one county in Kansas actuallysent
ballots with Taylor's name
<http://www.kansas.com/news/politics-government/election/article2174304.html>included
before the Kansas Supreme Court ruled, a mistake that has since been
corrected. (Brian Newby's earlier blog post on this issueis here.
<http://electiondiary-briandnewby.blogspot.com/2014/09/the-ballot-complete-ballot-and-nothing.html>)
Here is the latest news and commentary on the race:
Kansas City Star:Kansas Ballots Go Overseas without a Democrat in Race
<http://www.kansascity.com/news/government-politics/article2172600.html>
Wichita Eagle: Brief opposing Taylor's ballot withdrawal filed by father
of Brownback campaign staffer
<http://www.kansas.com/news/politics-government/article2120909.html>
Jonathan Bernstein:How Kansas Became the Strangest Race in Politics
<http://www.bloombergview.com/articles/2014-09-19/how-kansas-became-strangest-story-in-politics>
The Guardian: Kansas Democrats may stymie GOP with obscure name on
Senate ballot
<http://www.theguardian.com/world/2014/sep/19/kansas-democrats-senate-confusing-candidate-republicans-court>
NY Times:Democrats Pin Senate Hopes on a Kansan
<http://www.nytimes.com/2014/09/20/us/democrats-pin-senate-hopes-on-a-kansan.html?ref=politics&_r=0>
TPM:Kansas Senate Ballots Will Be Sent Out Without Dem Nominee Listed
<http://talkingpointsmemo.com/livewire/kansas-senate-race-ballots>
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Posted inballot access <http://electionlawblog.org/?cat=46>,campaigns
<http://electionlawblog.org/?cat=59>
Kobach (Apparently) Caves <http://electionlawblog.org/?p=65680>
Posted onSeptember 19, 2014 2:04 pm
<http://electionlawblog.org/?p=65680>byRick Hasen
<http://electionlawblog.org/?author=3>
TPM reports.
http://talkingpointsmemo.com/livewire/kansas-senate-race-ballots
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
Circumventing Public Financing: The Canadian Experience
<http://electionlawblog.org/?p=65679>
Posted onSeptember 19, 2014 2:03 pm
<http://electionlawblog.org/?p=65679>byRichard Pildes
<http://electionlawblog.org/?author=7>
In reading Michael Ignatieff's recent political autobiography,/Fire and
Ashes: Success and Failure in Politics,/about his six-year foray into
electoral politics, I came across an important account of the breakdown
of Canada's system of publicly-financed elections, in ways that could
easily be anticipated and that all pubic financing systems have to confront.
Canada, like most countries with public financing, imposed caps on
election spending by the political parties during what is called "the
election period," a defined period of time triggered by the Governor
General's announcement of the election. That period varies from around
1-2 months. But if political party spending is limited during the
election period, an obvious alternative is for the parties to spend
unlimited amounts of money before the formal election period begins.
On Ignatieff's account, that strategy is what successfully destroyed his
effort, as the leader of the Liberal Party, to challenge the incumbent
Conservative Party government, led by Stephen Harper, in the 2011
elections. For/two years/leading up to the 2011 election, before the
formal election period commenced, the Conservative Party ran two
perfectly legal ads "over and over in what turned out to be the largest
single campaign in Canadian history outside of an election period." The
ads featured two phrases that became widely known: "Michael Ignatieff.
Just Visiting." And "Michael Ignatieff. He Didn't Come Back For You."
Ignatieff says the effect of these ads was immediate and devastating
(though he accepts having other problems of his own); his poll numbers
slid and his political colleagues viewed these ads as a "mortal blow."
The Liberal Party didn't have the money to respond and, as well,
Ignatieff says, it wasn't clear what kind of response would make the
situation better rather than worse.
Why didn't parties spend like this in the pre-election period before
this most recent election? Why did it take until 2009 before the
permanent campaign came to Canada, in other words. No reason, except
that it just wasn't done. Yet once political actors, including parties,
believe this approach will work and have the funds to implement it, they
naturally escape campaign spending limits by shifting spending to the
pre-election period. And this kind of pressure is one public-financed
systems similar in structure to the Canadian system --- which is how
most public-financing systems in Europe work --- are going to be
confronting more and more now. These systems depend upon stringent
regulation during "the election period," a bounded and relatively short
period of time, and then no regulation on spending outside that period.
If pre-election spending can dramatically shape election outcomes,
though, will public financing with election-period spending limits
remain viable?
Ignatieff, not surprisingly, concludes more regulation is necessary: "I
would advocate a ban on party advertising outside of election times" (he
also advocates libel laws to punish "the worst lies" in election ads).
But once regulation moves outside of something clearly defined as a
discrete "election period," the issues become much murkier: does
Ignatieff advocate banning all party spending in support or against
candidates at all times? Or does he envision such a ban starting only a
certain number of years after the most recent election, say 2-3 years,
in anticipation of the next general election? Keep in mind that these
Conservative Party opposition ads starting running two years before the
2011 election.
I raise all this not to criticize public financing, which I believe
remains the most plausible option for those seeking to limit the role of
large disparities of wealth in elections. But proposals for public
financing have to recognize realities about how money will inevitably be
spent outside the regulatory system, or what the costs of extending that
system further and further in time and scope would be. And I wonder
whether this recent experience in Canada will be a precursor to the
unraveling of public-financing systems in other countries.
By the way: Michael Ignatieff is back teaching full-time at Harvard
University.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
In #KSSEN, Supreme Court Unlikely to Force Democrats to Pick a
Candidate to Replace Taylor <http://electionlawblog.org/?p=65672>
Posted onSeptember 19, 2014 10:32 am
<http://electionlawblog.org/?p=65672>byRick Hasen
<http://electionlawblog.org/?author=3>
A new lawsuit<http://www.kansas.com/news/local/article2158513.html>has
been filed directly in the Kansas Supreme Court seeking to force the
Kansas Democratic Party to name a replacement for Chad Taylor to run in
the the U.S. Senate race for Kansas. Democrats don't want to name a
replacement, believing their best chance is to have voters voter for
independent Greg Orman over incumbent Republican Pat Roberts. The suit
was filed by the son of a campaign official for Brownback.
I have reviewed the memorandum filed in support of the writ of mandamus,
and it is very barebones and straightforward. It points simply to a
state statute which says that when a candidate withdraws the party
"shall" name a replacement. It asks the Kansas Supreme Court or order a
replacement. There are a few reasons to believe the Court won't do so.
1. There's a textual argument that "shall" means may and not must. The
Kansas Supreme Court put everything into a narrow textualist argument in
the Kobach v. Taylor case and they could easily do so here, especially
if the Justices are otherwise inclined to rule against this. There are
other textual arguments too which I may get into later.
2. There seems to me to be a very strong First Amendment claim of the
party not to choose a replacement. There are a number of races in KS
where Democrats or Republicans are not choosing a candidate. To require
a political party to pick a candidate when it doesn't want to do so
seems to interfere with the right of a political party. The memorandum
does not address this point, but I expect any Democratic Party response
will do so.
3. Further, this seems really self defeating. Why can't the party just
nominate Pat Roberts or Kris Kobach? Or is the claim that the Court
must order the Democrats to choose a "serious" or "legitimate"
candidate. Who is going to enforce that?
4. Finally, we are moving against the printing deadline and the federal
MOVE Act which protects the ability of military and overseas voters to
get their ballot on time. Kobach is now trying to stretch those
deadlines, but if this drags on, there is a serious risk of
disenfranchising military voters. It doesn't seem the Court would want
to do so. Nor does it seem politically good for Republicans to do so.
In short, I expect this case to be a loser, sooner or later.
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Posted incampaigns <http://electionlawblog.org/?cat=59>
New Lawsuit Filed in #KSSEN to Force Democrats to Choose a Candidate
Against Roberts <http://electionlawblog.org/?p=65670>
Posted onSeptember 19, 2014 10:17 am
<http://electionlawblog.org/?p=65670>byRick Hasen
<http://electionlawblog.org/?author=3>
This post will be updated with details when I have them.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
"Kansas Secretary of State Kris Kobach disappointed over ballot
ruling" <http://electionlawblog.org/?p=65667>
Posted onSeptember 18, 2014 8:26 pm
<http://electionlawblog.org/?p=65667>byRick Hasen
<http://electionlawblog.org/?author=3>
KSHB reports
<http://www.kshb.com/news/political/kansas-secretary-of-state-kris-kobach-disappointed-over-ballot-ruling>.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
"Opponents of Wisconsin voter ID law seek reversal of court's
decision" <http://electionlawblog.org/?p=65665>
Posted onSeptember 18, 2014 7:42 pm
<http://electionlawblog.org/?p=65665>byRick Hasen
<http://electionlawblog.org/?author=3>
Patrick Marley writes for the Journal-Sentinel.
<http://www.jsonline.com/news/statepolitics/opponents-of-wisconsin-voter-id-law-seek-reversal-of-courts-decision-b99353493z1-275433291.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>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
Is SOS Kobach Backing Down from a Second #KSSEN Court Fight?
<http://electionlawblog.org/?p=65661>
Posted onSeptember 18, 2014 5:36 pm
<http://electionlawblog.org/?p=65661>byRick Hasen
<http://electionlawblog.org/?author=3>
From this importantBrian Lowry repor
<http://www.kansas.com/news/politics-government/election/article2155489.html>t,
the threat I see from Kobach if Dems don't appoint is to go to the
press, not the courts:
"This says 'shall.' I don't know how anyone can read 'shall' to mean
'may'," Kobach said at a news conference after the court's decision.
"Eight days is more than enough time. If the Democratic Party wishes
to play games with our election laws and not nominate a replacement,
then I encourage the members of the press corps to ask them why,"
Kobach said.
And as expected Democrats look like they are going to do nothing:
"My position is until the court tells me to do something, I'm not
going to anything," Joan Wagnon, the chair of the Kansas Democratic
Party, said earlier in the week, on Tuesday.
Thursday, Wagnon said in a statement that she applauded the court's
"decision to follow the law and stop Kris Kobach from undermining
Kansas democracy."
UPDATE: The updated version of the story makes it clear that Kobach said
he will go to court if necessary. He's also offering what appears to be
a novel interpretation of the MOVE Act:
Kobach said federal law would allow him to postpone the mailing date
of overseas absentee ballots as long as the ballots had a 45-day
window to be counted.
Share
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
Breaking: In #KSSEN, Court Rules Taylor Off the Ballot: Analysis
<http://electionlawblog.org/?p=65645>
Posted onSeptember 18, 2014 2:43 pm
<http://electionlawblog.org/?p=65645>byRick Hasen
<http://electionlawblog.org/?author=3>
You can read the opinionhere
<http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2014/20140918/112431.pdf>.
Here are my thoughts:
1. This is a unanimous, per curiam (unsigned) opinion from the Court
holding that Democrat Chad Taylor's name will not be on the ballot in
the Kansas Senate race. This has political implications, as it will
likely cause more Democrats to vote for independent Greg Orman instead
of incumbent Republican Pat Roberts. It puts the seat, and perhaps the
Senate, up for grabs. But there's a wrinkle. There is still possible
Court action now to force Democrats to name a new candidate to replace
Taylor on the ballot.
2. The Court took the narrowest path to reach this decision.
Despitemany arguments <http://electionlawblog.org/?p=65498>offeredby
the partie <http://electionlawblog.org/?p=65459>s, the court took a
very narrow textual approach. It found that Taylor's letter complied
with the literal requirement of the statute, because he said he was
withdrawing "pursuant to" the relevant section. The court concluded he
"incorporated by reference" the standard that he was incapable of serving.
3. In ruling this way, the court avoided amessy factual
dispute<http://electionlawblog.org/?p=65309>over whether Taylor was
promised by election officials that his letter was sufficient. The
court also sidestepped some uncertain legislative history as well as
uncertain application of the doctrine of substantial compliance. It was
about as simple and straightforward a way to decide the case as one
could imagine. But...
4. If the court was going to issue such a simple, straightforward
unanimous ruling, why did it take so long? No doubt more was going on
behind the scenes than this simple ruling. We probably will never know
what was going on in judicial chambers. A cynic suggested to me the
court delayed so much so there would be no time to litigate over whether
Democrats have to name a replacement on the ballot.
5. The big unanswered question is what happens to the other statute
which appears to require Democrats to replace a withdrawn candidate on
the ballot. The court totally sidesteps the issue, noting that "Nor do
we need to act on Kobach's allegation that a ruling for Taylor would
require the Kansas Democratic Party State Committee to name his
replacement nominee per K.S.A. 25-3905. The Kansas Democratic Party is
not a party to this original action, and this court does not issue
advisory opinions."
6. This leaves the ball in Kobach's court. He can sue the Democrats to
try to force them to name someone. But how could he sue and have
Democrats hold a convention within the day before ballots are to be
printed. It will be hard for Kobach to say the printing can wait. In
this way we have the ideal situation for the Democrats, what I've termed
the "Reverse Torricelli: <http://electionlawblog.org/?p=65319>"
Democrats get to have the candidate they want removed from the ballot
without having to name a replacement. It is sure to infuriate Republicans.
7. This whole mess could have been avoided if Taylor would have done a
better job with his letter, or if Kobach did not push the issue---and
the evidence that his office had accepted non-complying letters before
was damning to his case. The Court noted that Kobach submitted those
letters after the deadline for filings, but seemed to praise him for
doing it out of an "ethical obligation" to the court. In other words, if
he just sat on letters his office just found which showed the
inconsistent treatment of withdrawal letters in the past, it would have
been deceptive to the court.
8. So what happens next depends upon Kobach's next move. He has said he
would sue Democrats to get them to name a replacement, but given the
time frame now, and the fact that it may not be in Republicans'
political interests to let this fester any more, this may be the end.
[*Update*: Byran Lowryreports
<https://twitter.com/BryanLowry3/status/512723360870981632>: "Kobach
says Dem chair has been informed that she has 8 days to select a
replacement candidate.#ksleg
<https://twitter.com/hashtag/ksleg?src=hash>#KSSen
<https://twitter.com/hashtag/KSSen?src=hash>#kseln
<https://twitter.com/hashtag/kseln?src=hash>." It is not clear how the
8 days fits into the existing ballot printing timeframe.] [Second
update: Kobach ismoving the mailing to 9/27
<https://twitter.com/BryanLowry3/status/512722314765406209>. What does
this say about what he represented to court about deadlines? Wow wow wow.]
9, Addendum: If Democrats refuse to name or no candidate agrees to
serve, then what? It seems like it would be a tough First Amendment
claim to FORCE a party to name a replacement. Perhaps if Democrats do
nothing Kobach will realize there's not much he can do and drop the
issue. We will see.
Share
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
On 7th Cir WI Voter ID: "Down to the Haywire in the Badger State"
<http://electionlawblog.org/?p=65643>
Posted onSeptember 18, 2014 2:35 pm
<http://electionlawblog.org/?p=65643>byRick Hasen
<http://electionlawblog.org/?author=3>
Jon Sherman
<http://www.huffingtonpost.com/jon-sherman/down-to-the-haywire-in-th_b_5845630.html>:
The court, however, was completely mistaken when it wrote that
Wisconsin's voter ID law is "materially identical" to the Indiana
law upheld by the Supreme Court in Crawford v. Marion County
Election Board. This is wrong in four ways.
First, Indiana's ID law only applies to in-person voting, while
Wisconsin's applies to in-person and absentee ballots. In November
2012, 664,597 Wisconsin voters (21.57%) cast absentee ballots.
Alabama is the only other state that requires photo ID from absentee
voters; even Texas's draconian voter ID law does not.
Second, Indiana accepts any photo ID that contains a name, bears an
expiration date, and was issued by the U.S. or Indiana, while
Wisconsin only accepts a Wisconsin driver's license or ID card,
military ID, U.S. Passport, certificate of naturalization which is
no more than 2 years old, tribal ID, and certain student ID cards.
Third, Indiana permits indigent voters to sign an affidavit instead
of presenting an ID.
Finally, Wisconsin only accepts student IDs if they contain a
signature, an issuance date, and an expiration date no later than
two years after the election. While the University of Wisconsin
System has taken steps to have their schools issue separate voting
IDs to students, it is unclear whether other private and technical
colleges have taken similar steps. In Indiana, a student ID only
needs to have an expiration date.
Not only is Indiana's ID law more lenient than Wisconsin's, but the
Supreme Court's decision in Crawford did not address the same legal
issues. There was no Voting Rights Act claim in Crawford. Moreover,
the Crawford plaintiffs' counsel had assembled almost zero evidence
of actual harm to voters, whereas the plaintiffs here have assembled
an extensive record documenting ID-less voters who cannot vote or
will experience great difficulty in obtaining this license to vote.
What the record does not contain is any evidence that the DMV's
untested birth verification procedure will work. The plaintiffs
needed to show copious evidence to win their injunction, but the
state secured this win on the court's blind faith.
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>
#KSSEN Decision to Be Released Around 5 PM Kansas Time
<http://electionlawblog.org/?p=65641>
Posted onSeptember 18, 2014 2:04 pm
<http://electionlawblog.org/?p=65641>byRick Hasen
<http://electionlawblog.org/?author=3>
Stay tuned....
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65641&title=%23KSSEN%20Decision%20to%20Be%20Released%20Around%205%20PM%20Kansas%20Time&description=>
Posted inUncategorized <http://electionlawblog.org/?cat=1>
"Voter Registration Modernization Bill Would Improve Outdated
Election System" <http://electionlawblog.org/?p=65638>
Posted onSeptember 18, 2014 11:08 am
<http://electionlawblog.org/?p=65638>byRick Hasen
<http://electionlawblog.org/?author=3>
Press release
<http://www.brennancenter.org/press-release/voter-registration-modernization-bill-would-improve-outdated-election-system>:
"U.S. Sen. Kirsten Gillibrand (D-N.Y.) today introduced the Voter
Registration Modernization Act, which would provide national standards
for secure and accessible online registration and help bring America's
election system into the 21st century."
Did I ever mention I went to law school with the Senator? I don't think
I've seen her since law school graduation (1991).
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65638&title=%E2%80%9CVoter%20Registration%20Modernization%20Bill%20Would%20Improve%20Outdated%20Election%20System%E2%80%9D&description=>
Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter registration
<http://electionlawblog.org/?cat=37>
Brennan Center Files 4th Cir. Amicus Brief in NC Voting Case
<http://electionlawblog.org/?p=65636>
Posted onSeptember 18, 2014 11:06 am
<http://electionlawblog.org/?p=65636>byRick Hasen
<http://electionlawblog.org/?author=3>
Here
<http://www.brennancenter.org/sites/default/files/legal-work/North_Carolina_Amicus_Brief_091714.pdf>.
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65636&title=Brennan%20Center%20Files%204th%20Cir.%20Amicus%20Brief%20in%20NC%20Voting%20Case&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Insider Traders in Congress May Soon Be Revealed by the Bipartisan
'Political Intelligence Transparency Act'"
<http://electionlawblog.org/?p=65634>
Posted onSeptember 18, 2014 10:37 am
<http://electionlawblog.org/?p=65634>byRick Hasen
<http://electionlawblog.org/?author=3>
Craig Holman statement
<http://www.citizen.org/pressroom/pressroomredirect.cfm?ID=4287>at
Public Citizen.
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65634&title=%E2%80%9CInsider%20Traders%20in%20Congress%20May%20Soon%20Be%20Revealed%20by%20the%20Bipartisan%20%E2%80%98Political%20Intelligence%20Transparency%20Act%E2%80%99%E2%80%9D&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Why Does Georgia Keep Going After Black Voters?"
<http://electionlawblog.org/?p=65632>
Posted onSeptember 18, 2014 10:24 am
<http://electionlawblog.org/?p=65632>byRick Hasen
<http://electionlawblog.org/?author=3>
Spencer Woodman
writes<http://www.vice.com/read/why-does-the-state-of-georgia-keep-going-after-black-voters-918>for
VICE.
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65632&title=%E2%80%9CWhy%20Does%20Georgia%20Keep%20Going%20After%20Black%20Voters%3F%E2%80%9D&description=>
Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
Controversial CO SOS Gessler Complains of Partisanship, Gridlock in
Election Administration <http://electionlawblog.org/?p=65630>
Posted onSeptember 18, 2014 10:16 am
<http://electionlawblog.org/?p=65630>byRick Hasen
<http://electionlawblog.org/?author=3>
This Electionline Weekly
<http://www.electionline.org/index.php/electionline-weekly>interview is
sure to get some attention:
*/What was the most difficult time/issue you have faced (elections
wise of course) as secretary?/*
As our states' chief election officials, secretaries of state
enforce election laws. We're tasked with ensuring only eligible
voters cast ballots, and the eligibility requirements are few:
citizens, 18 or older, and Colorado residents. Instead of relying on
a loose honor system, we decided to verify citizenship, just like we
check against the other two requirements. But the gridlock,
partisanship, and hysteria surrounding this issue is disappointing.
Just getting the federal government to comply with federal law and
provide us with the information we needed was a big challenge. We
got the runaround from various levels of the federal bureaucracy for
over a year before we finally worked out an agreement to verify
citizenship data. This helped pave the way for other states to also
verify data. But it amazes me that certain partisans continue to
oppose enforcement of basic, uncontroversial laws that protect
election integrity.
It also disappointing that people frequently throw common sense out
the door when it comes to election integrity. During the 2012
election cycle, a reporter from Mexico City interviewed me. When he
disapprovingly focused on election integrity issues like photo
identification and citizenship, I told him that I merely wanted to
implement something like the Mexican system in Colorado. Mexico has
strong integrity protections, which have helped improve the fairness
and integrity of its elections. But he thought that Hispanic voters
were fundamentally different than Mexican voters, and that while
photo identification was fine for Mexico, it was somehow terrible in
the United States. I strongly disagreed --- fair and honest voting
systems are a universal aspiration, regardless of race, ethnicity,
or country of origin.
Protecting the sanctity of our voter rolls shouldn't be a wedge
issue. In fact, what we've seen is that when voters trust the system
and trust the results, turnout and participation improves. That
should be our goal. If voters don't trust the system, it makes
little difference how easy it is to get a ballot.
Share
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
"Less than 1 percent of voter registration forms turned in by a
Georgia group accused of fraud are actually fraudulent"
<http://electionlawblog.org/?p=65627>
Posted onSeptember 18, 2014 8:53 am
<http://electionlawblog.org/?p=65627>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo
<http://www.washingtonpost.com/blogs/govbeat/wp/2014/09/18/less-than-1-percent-of-voter-registration-forms-turned-in-by-a-georgia-group-accused-of-fraud-are-actually-fraudulent/>:
Less than 1 percent of voter registration forms turned in by a
Georgia group accused of voter fraud are actually fraudulent, the
Georgia's secretary of state's office announced Wednesday.
There were 25 confirmed forgeries found in voter registration
documents, Jared Thomas, spokesman for Secretary of State Brian Kemp
(R), told The Washington Post. That's out of more than 85,000 voter
registration forms turned in by the New Georgia Project and Third
Sector Development.
"We believe we've identified 25 felonies, and we take that very
seriously," Thomas said.
State Rep. Stacey Abrams (D) who heads New Georgia Project said the
group flagged potential forms that were not completed, but was
required by law to turn in every form someone worked on. "We don't
get to decide if something is good or bad," she told The Post last
week
<http://www.washingtonpost.com/blogs/govbeat/wp/2014/09/10/georgias-gop-secretary-of-state-investigates-allegations-of-voter-fraud-by-democrat-led-group/>.
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65627&title=%E2%80%9CLess%20than%201%20percent%20of%20voter%20registration%20forms%20turned%20in%20by%20a%20Georgia%20group%20accused%20of%20fraud%20are%20actually%20fraudulent%E2%80%9D&description=>
Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter registration
<http://electionlawblog.org/?cat=37>
"Overtime: Five Reasons Senate Control Might Not Be Decided on
Election Day" <http://electionlawblog.org/?p=65625>
Posted onSeptember 18, 2014 8:50 am
<http://electionlawblog.org/?p=65625>byRick Hasen
<http://electionlawblog.org/?author=3>
Oh boy
<http://www.centerforpolitics.org/crystalball/articles/overtime-five-reasons-senate-control-might-not-be-decided-on-election-day/>.
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65625&title=%E2%80%9COvertime%3A%20Five%20Reasons%20Senate%20Control%20Might%20Not%20Be%20Decided%20on%20Election%20Day%E2%80%9D&description=>
Posted incampaigns <http://electionlawblog.org/?cat=59>,recounts
<http://electionlawblog.org/?cat=50>
"McDonnell Appeal Begs Question: What Is Corruption?"
<http://electionlawblog.org/?p=65623>
Posted onSeptember 18, 2014 8:48 am
<http://electionlawblog.org/?p=65623>byRick Hasen
<http://electionlawblog.org/?author=3>
Important piece
<http://blogs.rollcall.com/beltway-insiders/gov-mcdonnell-appeal-begs-question-what-is-corruption/>from
Eliza Newlin Carney.
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65623&title=%E2%80%9CMcDonnell%20Appeal%20Begs%20Question%3A%20What%20Is%20Corruption%3F%E2%80%9D&description=>
Posted inbribery <http://electionlawblog.org/?cat=54>,campaign finance
<http://electionlawblog.org/?cat=10>,chicanery
<http://electionlawblog.org/?cat=12>
"35 Groups Write to House Leadership for Debate/Vote on Democracy
for All Amendment" <http://electionlawblog.org/?p=65621>
Posted onSeptember 18, 2014 8:13 am
<http://electionlawblog.org/?p=65621>byRick Hasen
<http://electionlawblog.org/?author=3>
Read
<http://www.commoncause.org/policy-and-litigation/letters-to-government-officials/National-091714-letter-to-house-leaders.pdf>.
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65621&title=%E2%80%9C35%20Groups%20Write%20to%20House%20Leadership%20for%20Debate%2FVote%20on%20Democracy%20for%20All%20Amendment%E2%80%9D&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>
"With mayor's race looming, Philly ethics board takes on big
spenders" <http://electionlawblog.org/?p=65619>
Posted onSeptember 18, 2014 7:34 am
<http://electionlawblog.org/?p=65619>byRick Hasen
<http://electionlawblog.org/?author=3>
News
<http://www.newsworks.org/index.php/local/item/72883-mayors-race-looms-ethics-board-takes-on-big-spenders?linktype=hp_topstory>
Draft regulations
<http://www.phila.gov/ethicsboard/PDF/BOERegNo1_CampaignFinance_ProposedAmendmentPostedRecordsDept_7.17.14.pdf>
Adam Bonin comment
<http://www.scribd.com/doc/240169517/Comments-to-Proposed-Regulation-No-1-9-17-2014>s.
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65619&title=%E2%80%9CWith%20mayor%E2%80%99s%20race%20looming%2C%20Philly%20ethics%20board%20takes%20on%20big%20spenders%E2%80%9D&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Five Signs the Dark-Money Apocalypse Is Upon Us"
<http://electionlawblog.org/?p=65617>
Posted onSeptember 18, 2014 7:18 am
<http://electionlawblog.org/?p=65617>byRick Hasen
<http://electionlawblog.org/?author=3>
Andy
Kroll<http://www.motherjones.com/politics/2014/09/dark-money-2014-elections-house-senate>for/Mother
Jones/:
A milestone passed in late August: According to the Center for
Responsive Politics
<http://www.opensecrets.org/news/2014/08/dark-money-hits-50-million-most-still-to-come/>,
dark-money groups---nonprofits created under the 501(c)(4)
<http://www.irs.gov/Charities-&-Non-Profits/Other-Non-Profits/Social-Welfare-Organizations> and
(c)(6)
<http://www.irs.gov/Charities-&-Non-Profits/Other-Non-Profits/Business-Leagues> sections
of the US tax code---had by then surpassed $50 million on elections.
These groups, unlike political action committees and candidates'
campaigns, do not have to disclose their donors. So some of the key
players looking to sway election results remain in the shadows. This
was a new record and seven times the amount of dark money spent by
the same point on House and Senate elections in 2010. And this
week, dark-money spending for the 2014 cycle reached $63
million---just shy of the $69 million in dark money spent during the
/entire/ 2008 presidential election.
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65617&title=%E2%80%9CFive%20Signs%20the%20Dark-Money%20Apocalypse%20Is%20Upon%20Us%E2%80%9D&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>
"5 States Put Voting Reform to the Voters"
<http://electionlawblog.org/?p=65615>
Posted onSeptember 18, 2014 7:14 am
<http://electionlawblog.org/?p=65615>byRick Hasen
<http://electionlawblog.org/?author=3>
Governing reports
<http://www.governing.com/topics/elections/gov-election-reform-ballot-measures.html>.
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65615&title=%E2%80%9C5%20States%20Put%20Voting%20Reform%20to%20the%20Voters%E2%80%9D&description=>
Posted inelection administration <http://electionlawblog.org/?cat=18>
"Native Voting Rights" <http://electionlawblog.org/?p=65613>
Posted onSeptember 18, 2014 7:07 am
<http://electionlawblog.org/?p=65613>byRick Hasen
<http://electionlawblog.org/?author=3>
Matthew Fletcher has postedthis draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2486824>on SSRN.
American Indians' status as citizens of federal, state, and tribal
nations has been riddled with ambiguity since the Founding of the
American Republic. This short paper surveys the history and law of
Native political rights in the American constitutional structure
before concluding with a discussion about special problems in tribal
elections.
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65613&title=%E2%80%9CNative%20Voting%20Rights%E2%80%9D&description=>
Posted invoting <http://electionlawblog.org/?cat=31>
"Amicus Brief: Public Citizen v. FEC In Support of the Defendant"
<http://electionlawblog.org/?p=65611>
Posted onSeptember 18, 2014 7:04 am
<http://electionlawblog.org/?p=65611>byRick Hasen
<http://electionlawblog.org/?author=3>
Read
<http://www.campaignfreedom.org/2014/09/18/amicus-brief-public-citizen-v-fec-in-support-of-the-defendant/> from
CCP.
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65611&title=%E2%80%9CAmicus%20Brief%3A%20Public%20Citizen%20v.%20FEC%20In%20Support%20of%20the%20Defendant%E2%80%9D&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>
"McCutcheon v. FEC and the Supreme Court's Return to Buckley"
<http://electionlawblog.org/?p=65609>
Posted onSeptember 18, 2014 7:01 am
<http://electionlawblog.org/?p=65609>byRick Hasen
<http://electionlawblog.org/?author=3>
Allen Dickerson has writtenthis article
<http://object.cato.org/sites/cato.org/files/serials/files/supreme-court-review/2014/9/dickerson.pdf>for
the/Cato Supreme Court Review/.
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65609&title=%E2%80%9CMcCutcheon%20v.%20FEC%20and%20the%20Supreme%20%20Court%E2%80%99s%20Return%20to%20Buckley%E2%80%9D&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
"Political Reform Act turns 40 amid burst of campaign finance
changes" <http://electionlawblog.org/?p=65607>
Posted onSeptember 18, 2014 6:57 am
<http://electionlawblog.org/?p=65607>byRick Hasen
<http://electionlawblog.org/?author=3>
SacBee reports
<http://www.sacbee.com/2014/09/17/6712680/am-alert-political-reform-act.html>.
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65607&title=%E2%80%9CPolitical%20Reform%20Act%20turns%2040%20amid%20burst%20of%20campaign%20finance%20changes%E2%80%9D&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Sheldon Adelson cracks open checkbook for GOP"
<http://electionlawblog.org/?p=65605>
Posted onSeptember 18, 2014 6:56 am
<http://electionlawblog.org/?p=65605>byRick Hasen
<http://electionlawblog.org/?author=3>
Politico
<http://www.politico.com/story/2014/09/sheldon-adelson-republican-fundraising-111088.html?hp=f3>:
"Las Vegas casino mogul Sheldon Adelson has donated $10 million to a
Karl Rove-backed outfit boosting Republican Senate candidates and
promised a similar amount to an allied group focused on House races,
POLITICO has learned."
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65605&title=%E2%80%9CSheldon%20Adelson%20cracks%20open%20checkbook%20for%20GOP%E2%80%9D&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>
Chapin on Hasen on Uniformity in Election Administration
<http://electionlawblog.org/?p=65602>
Posted onSeptember 18, 2014 6:53 am
<http://electionlawblog.org/?p=65602>byRick Hasen
<http://electionlawblog.org/?author=3>
Doug Chapincomments
<http://blog.lib.umn.edu/cspg/electionacademy/2014/09/rick_hasen_on_uniformity_in_el.php>on
my new draft paper, When is Uniformity of People, Not Counties,
Appropriate in Election Administration? The Cases of Early and Sunday
Voting <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2497192>.
Doug writes:
This is both a timely and very important contribution to a question
that is increasingly of interest to election officials, policymakers
and litigators alike. Thanks to Rick for drafting it as well as
sharing it with the field. I would be willing to bet that this piece
will end up being cited (approvingly and disapprovingly) by
combatants in Ohio and elsewhere and may end up as one basis for
court ruling on this subject in 2014 and beyond.
As Rick likes to remind me he said first, "stay tuned" ...
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65602&title=Chapin%20on%20Hasen%20on%20Uniformity%20in%20Election%20Administration&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>
"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.
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65600&title=%E2%80%9CJudge%20Edits%20%E2%80%98Independent%E2%80%99%20From%20Ballot%20Proposition%E2%80%9D&description=>
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>.
Share
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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.
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65596&title=%E2%80%9CReviving%20Wisconsin%20voter%20ID%20a%20%E2%80%98recipe%20for%20chaos%2C%E2%80%99%20advocates%20warn%E2%80%9D&description=>
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.
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65593&title=7th%20Cir.%20Orders%20Response%20in%20WI%20Voter%20ID%20En%20Banc%20Motion%2C%20But%20Not%20Until%20Sept.%2023&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>
"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/>.
Share
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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>.
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65589&title=%E2%80%9C50%20Shades%20of%20Dark%20Money%3A%20GOP%20AG%E2%80%99s%20Assoc.%20Money%20Is%20A%20Few%20Shades%20Darker%20Than%20Democratic%20Counterparts%3B%20Here%E2%80%99s%20Why%E2%80%9D&description=>
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>.
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D65587&title=%E2%80%9CCato%20hosts%20panel%20on%20First%20Amendment%3A%20Strossen%20discusses%20McCutcheon%20%26%20history%20of%20ACLU%20stance%E2%80%9D&description=>
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.
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>
Post navigation
?Older posts <http://electionlawblog.org/?paged=2>
--
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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