[EL] ELB News and Commentary 8/1/15

Rick Hasen rhasen at law.uci.edu
Fri Jul 31 19:50:28 PDT 2015


    “‘Super PACs’ Spent Millions Before Candidates Announced, Filings
    Show” <http://electionlawblog.org/?p=74785>

Posted onJuly 31, 2015 7:45 pm 
<http://electionlawblog.org/?p=74785>byRick Hasen 
<http://electionlawblog.org/?author=3>

Eric Lichtblau 
<http://www.nytimes.com/2015/08/01/us/politics/super-pacs-spent-millions-before-candidates-announced-filings-show.html?ref=politics>for 
the NYT:

    Acting as shadow campaigns, the political committees backing the
    major presidential candidates supported them with tens of millions
    of dollars in chartered planes, luxury hotel suites, opposition
    research, high-priced lawyers and more, spending reports showed Friday.

    Campaign disclosures filed with the Federal Election Commission
    underscored just how far the candidates — particularlyJeb Bush
    <http://www.nytimes.com/interactive/2015/06/15/us/elections/jeb-bush.html?inline=nyt-per>—
    went in outsourcing many of their traditional campaign operations to
    “super PACs
    <http://topics.nytimes.com/top/reference/timestopics/subjects/c/campaign_finance/index.html?inline=nyt-classifier>,”
    which face much looser regulation.

    The super PACs, which have dominated the fund-raising landscape so
    far in the 2016 campaign, reported that they had raised a total of
    at least $245 million so far this year, with individual donations of
    a million dollars or more to Mr. Bush,Hillary Rodham Clinton
    <http://www.nytimes.com/interactive/2015/04/13/us/elections/hillary-clinton.html?inline=nyt-per>,
    Senator Ted Cruz of Texas and others.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>


    “Historic federal trial on voting rights ends; judge to issue
    decision later this year” <http://electionlawblog.org/?p=74783>

Posted onJuly 31, 2015 7:40 pm 
<http://electionlawblog.org/?p=74783>byRick Hasen 
<http://electionlawblog.org/?author=3>

Winston-Salem Journal 
<http://www.journalnow.com/news/local/judge-asks-pointed-questions-of-plaintiff-s-attorney-in-closing/article_5256f85b-76e6-5baa-870c-b5ba1119a268.html>:

    Thomas Farr, one of the state’s attorneys, said in closing arguments
    that the plaintiffs had not presented any evidence that the law is
    racially discriminatory. He said North Carolina legislators have the
    authority to enact changes to election law.

    Schroeder asked Farr what the justification was in making the
    election law changes. State Republican legislators said publicly
    they wanted to restore public confidence in the election system and
    stamp out potential voter fraud.

    There is no evidence of widespread in-person voter fraud in North
    Carolina or nationally. An expert for the plaintiffs testified that
    North Carolina had only two verified cases of voter fraud out of 35
    million votes cast in primary and presidential elections between
    2000 and 2014.

    Farr pointed to public statements made by state legislators but also
    added that state Republican legislators had no obligation to offer
    justification for House Bill 589. Alexander Peters, another of the
    state’s attorneys, said this case was about policy changes that
    North Carolina legislators have the authority to make. He said those
    changes might cause some burdens on voters but that the law is
    constitutional and not racist.

    Farr argued that the law put North Carolina in the mainstream with
    the rest of the country. How can House Bill 589 be discriminatory if
    a significant number of states don’t have such voting practices,
    such as same-day voter registration, Farr asked.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,Voting Rights Act 
<http://electionlawblog.org/?cat=15>


    “US judge has many questions in NC voting rights case”
    <http://electionlawblog.org/?p=74781>

Posted onJuly 31, 2015 5:04 pm 
<http://electionlawblog.org/?p=74781>byRick Hasen 
<http://electionlawblog.org/?author=3>

The News & Observer reports. 
<http://www.newsobserver.com/news/politics-government/state-politics/article29703298.html>

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,Voting Rights Act 
<http://electionlawblog.org/?cat=15>


    “Key Voting Rights Test Now in Federal Judge’s Hands”
    <http://electionlawblog.org/?p=74779>

Posted onJuly 31, 2015 4:39 pm 
<http://electionlawblog.org/?p=74779>byRick Hasen 
<http://electionlawblog.org/?author=3>

Erik Eckholm 
<http://www.nytimes.com/2015/08/01/us/key-voting-rights-test-now-in-federal-judges-hands.html?smid=tw-share&_r=0>for 
the NYT:

    During closing arguments Friday, Judge Schroeder,who was appointed
    by President George W. Bush, peppered the plaintiffs’ lawyers with
    questions about why the repeal of extra voting opportunities that do
    not exist in many states would be illegal.

    But he also pressed the state’s lawyers on what motivated
    legislators to make the sudden changes to a system that seemed to be
    popular and working well. “They made voting easier and that’s a good
    thing,” he said of the measures that were trimmed or repealed.

    His ruling is not expected for many weeks and is almost certain to
    be appealed, perhaps as far as the Supreme Court.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,Voting Rights Act 
<http://electionlawblog.org/?cat=15>


    “Bush not a candidate? Super PAC’s spending reveals otherwise”
    <http://electionlawblog.org/?p=74777>

Posted onJuly 31, 2015 1:18 pm 
<http://electionlawblog.org/?p=74777>byRick Hasen 
<http://electionlawblog.org/?author=3>

Reuters 
<http://www.reuters.com/article/2015/07/31/us-usa-election-bush-idUSKCN0Q526M20150731>:

    The first report of Republican presidential candidate Jeb Bush’s
    Super PAC, made public Friday, reveals for the first time, election
    lawyers say, just how much the group, Right to Rise, functioned as a
    kind of shadow campaign for Bush.

    The group shelled out $5.4 million from January through June for all
    the workaday line items, from travel to catering to political
    consulting, that have traditionally been paid for by candidates’
    campaign committees.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>


    “Judge asks pointed questions of plaintiff’s attorney in closing
    arguments of federal voting rights trial”
    <http://electionlawblog.org/?p=74775>

Posted onJuly 31, 2015 12:28 pm 
<http://electionlawblog.org/?p=74775>byRick Hasen 
<http://electionlawblog.org/?author=3>

This is 
key<http://www.journalnow.com/news/local/judge-asks-pointed-questions-of-plaintiff-s-attorney-in-closing/article_5256f85b-76e6-5baa-870c-b5ba1119a268.html>in 
NC voting trial:

    U.S. District Judge Thomas Schroeder interrupted Daniel Donovan, one
    of the attorneys for the plaintiffs, several times during his
    two-hour closing argument, asking him pointed questions about the case.

    One of Schroeder’s main questions was centered on what evidence the
    plaintiffs had that the law placed burdens on racial minorities.
    Plaintiffs have argued that blacks use same-day voter registration,
    early voting and out-of-precinct provisional voting at higher rates
    than whites and that disproportionate use is connected to
    socio-economic and historical conditions. For example, blacks are
    more likely to move and thus more likely to end up in the wrong
    precinct on Election Day. They also are more likely to work
    lower-wage jobs and might not be able to have the flexibility to get
    off to vote and thus may use early voting at disproportionate rates.

    Schroeder asked whether these were merely conveniences and pointed
    out several times that other states, such as New York, don’t have
    many of these provisions. He said would it be a Section 2 violation
    if North Carolina never had these provisions at all. Would it be a
    Section 2 violation if they were put in place to increase access
    specifically to black voters, Schroeder asked.

    Donovan said that would be the wrong way to look at the issue. The
    provisions were passed to benefit everyone but blacks use them at a
    disproportionate rate, and Section 2 prohibits election laws that
    have a disproportionately negative impact on racial minorities, he said.

    Donovan also argued that it doesn’t matter what other states do
    because Schroeder has to base his decision on the past history and
    the present reality in North Carolina.

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Posted inUncategorized <http://electionlawblog.org/?cat=1>


    Justice Stevens Slams Justice Scalia’s “Disrespectful Rhetoric”
    <http://electionlawblog.org/?p=74769>

Posted onJuly 31, 2015 12:02 pm 
<http://electionlawblog.org/?p=74769>byRick Hasen 
<http://electionlawblog.org/?author=3>

In remarks foran ABA speech today 
<http://www.supremecourt.gov/publicinfo/speeches/JPS_Speech_ABA_Section_of_Litigation_International_Human_Rights_Award_Luncheon_07-31-15.pdf>, 
in the context of a discussion of the Arizona redistricting case:

Screen Shot 2015-07-31 at 12.01.58 PM 
<http://electionlawblog.org/wp-content/uploads/Screen-Shot-2015-07-31-at-12.01.58-PM.png>

Justice Stevens is much more full of praise for Chief Justice Roberts, 
who he says decides cases based on what he thinks the law is rather than 
his personal preferences.

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Posted inUncategorized <http://electionlawblog.org/?cat=1>


    “Closing arguments in voting rights trial set for today”
    <http://electionlawblog.org/?p=74767>

Posted onJuly 31, 2015 9:24 am 
<http://electionlawblog.org/?p=74767>byRick Hasen 
<http://electionlawblog.org/?author=3>

Michael Hewlett reports 
<http://www.journalnow.com/news/local/closing-arguments-in-voting-rights-trial-set-for-today/article_63912da6-3723-11e5-bf4b-b320be57f268.html>for 
the Winston-Salem Journal.

Kudos to them for their indispensable coverage of the North Carolina 
voting rights trial.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,Voting Rights Act 
<http://electionlawblog.org/?cat=15>

-- 
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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