[EL] ELB News and Commentary 4/18/15
Rick Hasen
rhasen at law.uci.edu
Sat Apr 18 08:39:08 PDT 2015
“America’s lobbying addiction” <http://electionlawblog.org/?p=71830>
Posted onApril 18, 2015 8:34 am
<http://electionlawblog.org/?p=71830>byRick Hasen
<http://electionlawblog.org/?author=3>
Philip Wallach review
<http://www.brookings.edu/blogs/fixgov/posts/2015/04/13-america-lobbying-addiction-drutman-wallach>:
Lee Drutman’s new book,/The Business of America is Lobbying/
<http://www.amazon.com/The-Business-America-Lobbying-Corporations/dp/0190215518>,
is mandatory reading for two groups of people: masochists and those
of us who care about the future of self-government in America. After
reading Drutman’s depressing book, it is tempting to think that the
second group is a subset of the first, but he manages to muster some
notes of optimism, and so must the rest of us.
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Posted inlobbying <http://electionlawblog.org/?cat=28>
California Court Upholds Conviction of Person for Twitter Harassment
Against Ex-Wife #NCIS Actresss <http://electionlawblog.org/?p=71828>
Posted onApril 18, 2015 8:26 am
<http://electionlawblog.org/?p=71828>byRick Hasen
<http://electionlawblog.org/?author=3>
People v. Shivers
<http://www.metnews.com/sos.cgi?0415//JAD15-02>(Appellate Division of LA
Superior Court):
The circumstantial evidence was sufficient to permit a reasonable
trier of fact to conclude defendant acted with intent to incite or
produce unlawful action by a third party who read his messages.
Defendant electronically distributed messages about Perrette using
Twitter, which, as shown by the evidence at trial, is a public
social networking website on the Internet where users can write and
respond to short messages. Twitter constituted an “electronic
communication device” within the meaning of the prohibited
communications statute. (See Pen. Code, § 653.2, subd. (b)
[including Internet web pages and websites within the definition of
“electronic communication device”].) The evidence showed a person‟s
tweets posted on Twitter can be read by the public and spread to the
websites of other Twitter users by being retweeted, so that a single
tweet may be repeated and disseminated throughout numerous web pages
accessible to the public.
Defendant posted messages on Twitter such that persons searching for
Perrette‟s name could find his tweets. Also, by using a hashtag for
the show (“#NCIS”) and the location (“#Cahuenga”), third parties
searching on Twitter would also come across defendant‟s tweets.
Several of the tweets were made in response to persons who had read
defendant‟s tweets, and other tweets had been retweeted by third
parties, indicating to defendant that third parties were accessing
the information he posted and his tweets were being disseminated.
The tweets leading up to the ones posted on July 4 and July 8, 2012,
falsely indicated that defendant had a restraining order against
Perrette and that she was stalking him and making death threats
against him. The July 4 and July 8, 2012 tweets referenced the area
of Cahuenga where Perrette lived. These tweets also referred to
Perrette as defendant‟s “stalker,” and requested that readers “call
LAPD!!!” and “report her to LAPD immediately!” if they saw her
following him in the area. It can be inferred defendant knew that
persons who encountered Perrette after reading his tweets could have
been motivated to report her to the police for what they believed
was her stalking him, or to otherwise harass her. (See Pen. Code, §
653.2, subd. (c)(1) [defining “harassment” as “conduct directed at a
specific person that a reasonable person would consider as seriously
alarming, seriously annoying, seriously tormenting, or seriously
terrorizing the person”].) Given the nature of Twitter and the
provocative contents of defendant‟s tweets, a reasonable trier of
fact could conclude defendant posted his tweets with the specific
intent to incite or produce unwanted physical contact, injury, or
harassment at the hands of a third party.
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Posted insocial media and social protests
<http://electionlawblog.org/?cat=58>,Torts
<http://electionlawblog.org/?cat=35>
Virginia Voting Machine Problems are Hardly New
<http://electionlawblog.org/?p=71826>
Posted onApril 18, 2015 8:19 am
<http://electionlawblog.org/?p=71826>byRick Hasen
<http://electionlawblog.org/?author=3>
Brad Blog <http://bradblog.com/?p=11136>‘s been on this machine for years.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,voting technology
<http://electionlawblog.org/?cat=40>
“The South Carolina Way of Incumbency Protection”
<http://electionlawblog.org/?p=71824>
Posted onApril 17, 2015 4:46 pm
<http://electionlawblog.org/?p=71824>byRick Hasen
<http://electionlawblog.org/?author=3>
Ashley Landess WSJ oped
<http://www.wsj.com/articles/ashley-landess-the-south-carolina-way-of-incumbency-protection-1429310962>:
Yet now lawmakers are proposing a new definition of “electioneering
communication” that would include virtually any statement
referencing a candidate for office made within 60 days of a general
election or within 30 days of a primary. The language is broad
enough to cover, conceivably, the monthly newsletters of think tanks
or other watchdogs.
The bill appears to make exceptions, but they are vague and thus
open to interpretation. For example, a flyer stating two county
council candidates’ positions on the issues would be deemed
electioneering if it “may be received” by 2,500 households. But
who’s to say in how many something like this “may be received”?
Under this language regulators would have the power to force
watchdog groups to open their records to prove they’re not
electioneering.
A group found to be electioneering would have to publicly disclose
its financial supporters. No organization wants its donors subject
to such invasions of privacy, which could expose them to public
harassment or retaliation by powerful officials. In a state where a
few politicians exercise enormous powers over all three branches of
state government, that could mean real trouble for real people. If
this bill is passed, many will find themselves suddenly worried
about crossing some arbitrary line. They may decide it’s easier to
simply keep quiet.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Clinton Team to Hit the Road in Search of Small Donors”
<http://electionlawblog.org/?p=71822>
Posted onApril 17, 2015 4:30 pm
<http://electionlawblog.org/?p=71822>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT First Draft.
<http://www.nytimes.com/politics/first-draft/2015/04/17/clinton-team-to-hit-the-road-in-search-of-small-donors/>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Hillary Clinton Supports Amendment To Get Hidden Money Out Of
Politics” <http://electionlawblog.org/?p=71820>
Posted onApril 17, 2015 3:04 pm
<http://electionlawblog.org/?p=71820>byRick Hasen
<http://electionlawblog.org/?author=3>
Peter Overby reports
<http://www.npr.org/2015/04/17/400362239/hillary-clinton-supports-amendment-to-get-hidden-money-out-of-politics?utm_source=twitter.com&utm_campaign=politics&utm_medium=social&utm_term=nprnews>for
NPR. My earlier Slate piece criticizing Clinton on this ishere
<http://www.slate.com/articles/news_and_politics/politics/2015/04/hillary_clinton_and_campaign_finance_the_democratic_front_runner_s_suggestion.html>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
RNC Official Says There’s “About One Percent” Voter Fraud
<http://electionlawblog.org/?p=71818>
Posted onApril 17, 2015 3:01 pm
<http://electionlawblog.org/?p=71818>byRick Hasen
<http://electionlawblog.org/?author=3>
TPM
<http://talkingpointsmemo.com/dc/rnc-data-chief-voter-fraud-1-percent>.
I’d bequite surprised
<http://www.amazon.com/Voting-Wars-Florida-Election-Meltdown/dp/0300182031/ref=tmm_hrd_swatch_0?_encoding=UTF8&sr=&qid=>if
it is that high. And I’d also love to see the data to make such a claim.
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Posted infraudulent fraud squad <http://electionlawblog.org/?cat=8>,The
Voting Wars <http://electionlawblog.org/?cat=60>
“How ‘Negative Partisanship’ Has Transformed American Politics”
<http://electionlawblog.org/?p=71816>
Posted onApril 17, 2015 2:39 pm
<http://electionlawblog.org/?p=71816>byRick Hasen
<http://electionlawblog.org/?author=3>
Jonathan Chiat
<http://nymag.com/daily/intelligencer/2015/04/negative-partisanship-has-transformed-politics.html>:
Emory political scientists Alan Abramowitz and Steven Webster have a
new paper, not yet available online, exploring the nature of the new
polarization. The paper is filled with interesting findings, but the
major one is an attempt to resolve a paradox. Measured by
self-identification, partisanship is actually declining — growing
numbers of Americans describe themselves as “independent” rather
than loyal to one of the parties. But measured by actual voting
behavior, the opposite is happening: Straight ticket voting
continues to grow. This matches what operatives likeDan Pfeiffer
<http://nymag.com/daily/intelligencer/2015/03/dan-pfeiffer-exit-interview.html>have
seen, and whatKarl Rove saw
<http://www.pbs.org/wgbh/pages/frontline/shows/architect/rove/2004.html>a
decade before — the swing voter had nearly vanished.
One common explanation is that it has become increasingly vogue,
especially among college-educated voters, to describe yourself as
independent, which implies that you form educated judgments about
politics rather than blindly following the dictates of a party.
Abramowitz and Webster add to this by introducing a phenomenon they
call/negative partisanship/. That is to say, voters form strong
loyalties based more on loathing for the opposing party than on the
old kind of tribal loyalty (“My daddy was a Democrat, his daddy was
a Democrat …”) that used to prevail. The party system has split
along racial, cultural, and religious lines, creating a kind of
tribal system where each party’s supports regard the other side with
incomprehension and loathing.
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Posted inpolitical parties
<http://electionlawblog.org/?cat=25>,political polarization
<http://electionlawblog.org/?cat=68>
“’Fugees from the war on political speech”
<http://electionlawblog.org/?p=71814>
Posted onApril 17, 2015 12:38 pm
<http://electionlawblog.org/?p=71814>byRick Hasen
<http://electionlawblog.org/?author=3>
Eric Wang writes.
<http://thehill.com/blogs/congress-blog/judicial/239151-fugees-from-the-war-on-political-speech>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Settlement reverses some cuts to Ohio early voting”
<http://electionlawblog.org/?p=71812>
Posted onApril 17, 2015 10:19 am
<http://electionlawblog.org/?p=71812>byRick Hasen
<http://electionlawblog.org/?author=3>
Zack Roth reports
<http://www.msnbc.com/msnbc/settlement-reverses-some-cuts-ohio-early-voting>for
MSNBC.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Killing Speech Softly: Campaign Legal Calls for Another
Investigation” <http://electionlawblog.org/?p=71809>
Posted onApril 17, 2015 9:21 am
<http://electionlawblog.org/?p=71809>byRick Hasen
<http://electionlawblog.org/?author=3>
Steve Klein blogs
<https://www.pillaroflaw.org/index.php/free-political-speech/entry/killing-speech-softly-campaign-legal-calls-for-another-investigation>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
Ohio Early Voting Suit Settled, With Elimination of Significant
“Golden Week” <http://electionlawblog.org/?p=71807>
Posted onApril 17, 2015 9:12 am
<http://electionlawblog.org/?p=71807>byRick Hasen
<http://electionlawblog.org/?author=3>
This is a big deal, especially given that Democrats long took advantage
of the “golden week” to both register and vote early at the same time.
Here are the two sides’ press releases:
Ohio SOS:
*Husted Announces Agreement in Early Voting Lawsuit*
/COLUMBUS/– Ohio Secretary of State Jon Husted today released the
following statement announcing a settlement agreement with the Ohio
Chapter of the National Association for the Advancement of Colored
People (NAACP) and other plaintiffs on their challenge to the
state’s scheduled voting hours:
“One of my primary goals is to ensure uniformity in Ohio elections
so that every voter in this state is treated equally and fairly.
Today we are preserving that uniformity for all Ohio voters while
maintaining ample opportunity to cast a ballot and participate in
the democratic process.”
“This agreement is a victory for Ohio voters. With the issues that
accompany the 2016 presidential election drawing nearer it is
important that we resolve these lingering questions now. Ohio has
been and will remain a state where it is easy to vote and hard to
cheat.”
The elimination of the overlap week where individuals could register
to vote and cast their ballot on the same day was maintained by the
agreement as it was originally enacted by the 130^th General
Assembly through Senate Bill 238. The plaintiffs also agreed to drop
any claim to attorneys’ fees or damages.
The settlement, which will dismiss the suit with prejudice, was
filed in the United States District Court for the Southern District
of Ohio’s Eastern Division today, marking the end of litigation in
the Ohio NAACP v. Husted (/Case No. 2:14-CV-404/).
The primary election next month will not be impacted as the hours
set by the settlement agreement will not go into effect until after
the May 2015 election.
ACLU
<https://www.aclu.org/news/ohio-voters-gain-greater-access-ballot-aclu-settlement>:
Ohio voters will gain greater access to the ballot in a settlement
announced today by the American Civil Liberties Union. The agreement
with Ohio Secretary of State Jon Husted stems from a federal lawsuit
filed last year by the ACLU challenging Ohio’s attempt to slash
early voting opportunities.
Under the agreement, Ohioans will be allowed to vote on multiple
Sundays leading up to a presidential election, and their access to
additional evening voting hours will be restored for all elections.
The agreement takes effect after the May 2015 primary and continues
through 2018.
Dale Ho, director of the ACLU’s Voting Rights Project, said:
“Thousands of Ohioans rely on early voting opportunities as their
only chance to cast a ballot in an election. This is a victory for
all those who know that a healthy democracy depends on the
participation of its people.”
Specifically, new early voting opportunities include:
* For the upcoming presidential general election, an additional
Sunday of voting will be included.
* For the presidential primary election and general elections,
there will be a week of expanded weekday evening hours from 8
a.m. to 7 p.m.
* For regular municipal elections, primary elections and special
elections, hours have been similarly expanded from 8 a.m. to 7
p.m., and Saturday hours have been expanded from 8 a.m. to 4 p.m.
The ACLU filed the legal challenge on behalf of the Ohio Conference
of the National Association for the Advancement of Colored People,
the League of Women Voters of Ohio, the A. Philip Randolph
Institute, Bethel African Methodist Episcopal Church, and other
African-American churches.
The complaint, /NAACP v. Husted/, was filed in the U.S. District
Court for the Southern District of Ohio, Eastern Division.
The settlement is at:
https://www.aclu.org/legal-document/naacp-v-husted-settlement-agreement-…
<https://www.aclu.org/legal-document/naacp-v-husted-settlement-agreement-among-plaintiffs-and-defendant-secretary-state>
More information is at:
https://www.aclu.org/cases/voting-rights/naacp-v-husted
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
--
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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