[EL] ELB News and Commentary 6/2/15

Mon Jun 1 21:23:27 PDT 2015

    “A Bad Voting Ban for Maryland” <http://electionlawblog.org/?p=73039>

Posted onJune 1, 2015 9:12 pm 
<http://electionlawblog.org/?p=73039>byRick Hasen 
<http://electionlawblog.org/?author=3>

NYT editorial 
<http://www.nytimes.com/2015/06/01/opinion/a-bad-voting-ban-in-maryland.html?ref=politics>:

    What is the logic behind state laws that deny the vote to people who
    have been convicted of a felony, even after they are released from
    prison? The short and easy answer is: there isn’t any.

    For a longer, nonsensical answer, ask Gov. Larry Hogan of Maryland,
    who on May 22 thwarted strong majorities in both houses of the state
    legislature toveto a bill
    <http://www.baltimoresun.com/news/maryland/politics/blog/bs-md-hogan-bill-decisions-20150522-story.html#page=2>that
    would have restored voting rights to about 40,000 Maryland residents
    currently on probation or parole.

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Posted infelon voting <http://electionlawblog.org/?cat=66>

    “Petersen, Hunter Distance Themselves From Goodman on Partisanship
    at FEC” <http://electionlawblog.org/?p=73037>

Posted onJune 1, 2015 6:12 pm 
<http://electionlawblog.org/?p=73037>byRick Hasen 
<http://electionlawblog.org/?author=3>

Bloomberg BNA 
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=69716206&vname=mpebulallissues&jd=a0g7k4z6p2&split=0>:

    Two Republicans on the Federal Election Commission, Matthew Petersen
    and Caroline Hunter, are distancing themselves from recent,
    controversial comments by fellow Republican Lee Goodman about the
    partisan impact of FEC enforcement decisions.
    “After the recent dustup regarding alleged partisan considerations
    in the FEC’s enforcement process, we would like to clarify that, in
    our nearly seven years as commissioners, party affiliation has never
    governed how we determine the timing or disposition of enforcement
    matters,” said a statement e-mailed June 1 to Bloomberg BNA by
    Petersen, the FEC vice chairman, and Hunter.
    “Carrying out our responsibilities is already complex and difficult
    enough without dragging politics into the mix,” they said.
    The statement did not specifically cite Goodman’s remarks in a
    recent FEC open meeting, but clearly alluded to his statement in the
    May 21 meeting. Goodman said that the FEC Republican commissioners
    were reluctant to approve new procedures to speed up resolution of
    campaign finance enforcement matters because the backlog of
    complaints at the FEC involves many more Republicans and
    conservative groups than Democrats and liberal groups (4015 Money &
    Politics Report, 5/22/15
    <http://news.bna.com/mpdm/display/link_res.adp?fedfid=69716206&fname=a0g7b0p2r1&vname=mpebulallissues>).
    …
    Responding to Petersen and Hunter in a separate e-mail to Bloomberg
    BNA, Goodman said he agreed that “partisanship should play no role
    in any policy guiding the Commission’s consideration of cases.” But
    he also reiterated a previous statement published on the Election
    Law Blog that proposals to expedite FEC enforcement “cannot be
    considered blind to the fact that the FEC’s complainant class has
    filed three complaints against a Republican or conservative
    respondent for every one involving a Democratic or liberal respondent.”

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal 
election commission <http://electionlawblog.org/?cat=24>

    “Anti-Hillary groups to FEC: Take a hike”
    <http://electionlawblog.org/?p=73035>

Posted onJune 1, 2015 4:23 pm 
<http://electionlawblog.org/?p=73035>byRick Hasen 
<http://electionlawblog.org/?author=3>

CPI 
<http://www.publicintegrity.org/2015/06/01/17430/anti-hillary-groups-fec-take-hike>:

    A pair of anti-Hillary Clinton political committees are effectively
    telling the Federal Election Commission to take a long walk off a
    tall mountain.

    The groups — Dick Morris’s Just Say No to Hillary PAC and the Stop
    Hillary PAC — today inseparate
    <http://docquery.fec.gov/dcdev/fectxt/1009416.txt>messages
    <http://docquery.fec.gov/pdf/074/15951448074/15951448074.pdf>told
    the nation’s federal campaign regulator that they won’t comply with
    requests to change their names.

    The tell-offs follow recent FEC letters that asked
    <http://docquery.fec.gov/pdf/471/15330081471/15330081471.pdf>cthegroups
    <http://docquery.fec.gov/pdf/454/15330081454/15330081454.pdf>to
    remove the “Hillary” from their monikers,citing federal law
    <http://www.gpo.gov/fdsys/pkg/CFR-2013-title11-vol1/pdf/CFR-2013-title11-vol1-sec102-14.pdf>that
    states “no unauthorized committee shall include the name of any
    candidate in its name.”

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal 
election commission <http://electionlawblog.org/?cat=24>

    “Clinton Lawyer Accuses Wisconsin of Trying to Suppress the Vote”
    <http://electionlawblog.org/?p=73033>

Posted onJune 1, 2015 2:03 pm 
<http://electionlawblog.org/?p=73033>byRick Hasen 
<http://electionlawblog.org/?author=3>

Maggie Haberman 
<http://www.nytimes.com/politics/first-draft/2015/06/01/clinton-lawyer-accuses-wisconsin-of-trying-to-suppress-the-vote/>for 
the NYT:

    Mrs. Clinton’s aides said the suit was not filed on behalf of the
    campaign, but they offered their support for it.

    “We are aware of it and strongly support its goal of ensuring the
    right to vote is not unduly burdened,” Brian Fallon, a spokesman for
    Mrs. Clinton, said in a statement.

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

    Celebrity SCOTUS on Press Play <http://electionlawblog.org/?p=73030>

Posted onJune 1, 2015 1:49 pm 
<http://electionlawblog.org/?p=73030>byRick Hasen 
<http://electionlawblog.org/?author=3>

I spoke withKCRW’s Madeline Brand 
<http://www.kcrw.com/news-culture/shows/press-play-with-madeleine-brand/scotus-rules-on-abercrombie-lane-splitting-and-the-colorado-river#seg-celebrity-scotus>about 
mynew study 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2611729> on reported 
public appearances of Supreme Court Justices, 1960-2014.

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Posted inCelebrity Justice <http://electionlawblog.org/?cat=109>,Supreme 
Court <http://electionlawblog.org/?cat=29>

    “Unfounded accusations should not distract from OCE’s successful
    record (The Hill)” <http://electionlawblog.org/?p=73028>

Posted onJune 1, 2015 1:44 pm 
<http://electionlawblog.org/?p=73028>byRick Hasen 
<http://electionlawblog.org/?author=3>

Meredith McGehee writes 
<http://www.campaignlegalcenter.org/news/blog/unfounded-accusations-should-not-distract-oce-s-successful-record-hill>.

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Posted inethics investigations 
<http://electionlawblog.org/?cat=42>,legislation and legislatures 
<http://electionlawblog.org/?cat=27>

    FEC Commissioners Peterson and Hunter on Partisanship and
    Enforcement at the FEC <http://electionlawblog.org/?p=73026>

Posted onJune 1, 2015 1:42 pm 
<http://electionlawblog.org/?p=73026>byRick Hasen 
<http://electionlawblog.org/?author=3>

Following up on thelatest comments 
<http://electionlawblog.org/?p=72794>from Commissioner Goodman, FEC Vice 
Chair Peterson and Commissioner Hunter (the two other 
Republican-appointees to the Commission) send along the following statement:

    “After the recent dustup regarding alleged partisan considerations
    in the FEC’s enforcement process, we would like to clarify that, in
    our nearly seven years as commissioners, party affiliation has never
    governed how we determine the timing or disposition of enforcement
    matters. Carrying out our responsibilities is already complex and
    difficult enough without dragging politics into the mix.”

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal 
election commission <http://electionlawblog.org/?cat=24>

    “Political Realism: How Hacks, Machines, Big Money, and Back-Room
    Deals Can Strengthen American Democracy – Podcast”
    <http://electionlawblog.org/?p=73024>

Posted onJune 1, 2015 12:24 pm 
<http://electionlawblog.org/?p=73024>byRick Hasen 
<http://electionlawblog.org/?author=3>

Steve Klein and Jonathan 
Rauch<http://www.fed-soc.org/multimedia/detail/political-realism-how-hacks-machines-big-money-and-back-room-deals-can-strengthen-american-democracy-podcast>on 
FedSoc podcast.

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

    Ed Blum Hints He’ll Be Done After Trying to Knock Out Affirmative
    Action, Voting Rights Act, and One Person, One Vote
    <http://electionlawblog.org/?p=73021>

Posted onJune 1, 2015 11:39 am 
<http://electionlawblog.org/?p=73021>byRick Hasen 
<http://electionlawblog.org/?author=3>

TPM 
<http://talkingpointsmemo.com/dc/blum-profile-evenwel-redistricting-supreme-court>:

    Evenwel v. Abbott is the culmination of Blum’s decades long effort
    to take on racially-influenced redistricting, havingfailed
    <http://www.justice.gov/crt/about/app/briefs/lepakopinion.pdf>twice
    <http://www.leagle.com/decision/19987549FSupp2d745_1663.xml/CHEN%20v.%20CITY%20OF%20HOUSTON>before
    with “one person, one vote” cases that stopped at the Supreme
    Court’s doorstep. It is expected to be heard next fall, and Blum
    also has two other suits — both challenging affirmative action
    policies in higher ed — crawling up the the judicial pipeline.

    After that, Blum said he’s probably done, and perhaps civil rights
    advocates can breath a little more easily.

    “I’m 63 years old and the two lawsuit that were filed last year will
    like take anywhere between two and five years to litigate, perhaps
    longer,” Blum said. “That will put me close to age 70 and that’s
    when there’ll be younger, more energetic people who will come in and
    embrace this topic.”

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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court 
<http://electionlawblog.org/?cat=29>,Voting Rights Act 
<http://electionlawblog.org/?cat=15>

    “Hastert judge also donated to his campaigns”
    <http://electionlawblog.org/?p=73019>

Posted onJune 1, 2015 11:29 am 
<http://electionlawblog.org/?p=73019>byRick Hasen 
<http://electionlawblog.org/?author=3>

Josh Gerstein 
<http://www.politico.com/story/2015/06/denny-hastert-indictment-thomas-durkin-118501.html>:

    The federal judge assigned to preside over the criminal case against
    former House Speaker Dennis Hastert (R-Ill.) donated at least twice
    to Hastert’s congressional campaigns, federal campaign finance
    records show.

    U.S. District Court Judge Thomas Durkin gave Hastert for Congress
    $500 in 2002 and $1000 in 2004, according to the Federal Election
    Commission.

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

    “Top Clinton lawyer challenges Walker’s voting restrictions”
    <http://electionlawblog.org/?p=73017>

Posted onJune 1, 2015 11:27 am 
<http://electionlawblog.org/?p=73017>byRick Hasen 
<http://electionlawblog.org/?author=3>

Zack Roth reports 
<http://www.msnbc.com/msnbc/top-clinton-lawyer-challenges-walkers-voting-restrictions>for 
MSNBC.

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

    “In Supreme Court redistricting case, it’s the ‘whole number of
    persons'” <http://electionlawblog.org/?p=73015>

Posted onJune 1, 2015 11:26 am 
<http://electionlawblog.org/?p=73015>byRick Hasen 
<http://electionlawblog.org/?author=3>

Ackerman and AyresLAT oped. 
<http://www.latimes.com/opinion/op-ed/la-oe-0529-ackerman-ayres-voting-districts-20150529-story.html>

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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court 
<http://electionlawblog.org/?cat=29>

    “The Tyrannosaurus Rex of State Politics: Billionaire Rex
    Sinquefield’s crusade to control Missouri politics sheds light on
    the power and limits of money in contemporary American politics.”
    <http://electionlawblog.org/?p=73013>

Posted onJune 1, 2015 11:24 am 
<http://electionlawblog.org/?p=73013>byRick Hasen 
<http://electionlawblog.org/?author=3>

Alan Greenblatt 
<http://www.governing.com/topics/politics/gov-rex-sinquefield-missouri.html>for 
Governing.

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

    “Vermont Enacts Same-Day Registration”
    <http://electionlawblog.org/?p=73011>

Posted onJune 1, 2015 11:22 am 
<http://electionlawblog.org/?p=73011>byRick Hasen 
<http://electionlawblog.org/?author=3>

News 
<http://www.demos.org/blog/6/1/15/vermont-enacts-same-day-registration>from 
Demos.

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Posted inelection administration <http://electionlawblog.org/?cat=18>

    Voters as Fiduciaries <http://electionlawblog.org/?p=73009>

Posted onJune 1, 2015 11:17 am 
<http://electionlawblog.org/?p=73009>byRick Hasen 
<http://electionlawblog.org/?author=3>

Ned Foley 
<http://moritzlaw.osu.edu/faculty/professor/edward-b-foley/>posted the 
following to the election law listserv, reposted with permission:

    I’ve posted on SSRN a paper, “Voters as Fiduciaries,” which I wrote
    for the University of Chicago Legal Forum’s symposium: “Does
    Election Law Serve the Electorate?”:
    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2612001

    Although the paper was written with general principles in mind, and
    not specifically for the issue in/Evenwel/, I believe the argument
    made in the paper is relevant to the case.  The argument, which
    relies on a version of Rawls’s idea of the veil of ignorance, is
    that voters should be understood, like jurors, as holding an office
    in the government of society—and should be seen as representing not
    their own self-interest but the interests of the community as a
    whole.  When I was invited to participate in the symposium, I asked
    whether it would be okay to present this argument, as it can been
    seen as taking issue with the premise of the symposium “Does
    Election Law Serve the Electorate?”
    https://legal-forum.uchicago.edu/page/symposium (They kindly agreed
    that I could.)  We don’t ask whether jury laws serve the interest of
    the jurors; we ask whether these laws serve the public interest as a
    whole. My point was that election law likewise should serve the
    public interest as a whole, not just the interest of voters.  In the
    paper, I argue that the concept of “voting rights” has developed to
    focus too narrowly on just the interests of the voters themselves,
    and not the public as a whole, which voters are supposed to serve in
    their capacity as the electorate.  I think the claim made
    in/Evenwel/ can be taken a symptomatic of this trend, and it is time
    for something of a corrective.  i hope my paper can contribute to
    that effort.
    For the next draft of the paper I plan to include some specific
    discussion of its application to the issue in/Evenwel/, but that
    hasn’t happened yet.  The current draft just presents the general
    argument.  Since it is a work-in-progress, comments are very much
    welcome.

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

    “North Carolina in Violation of “Motor Voter” Law; Voting Rights
    Groups Call on State to Fix Voter Registration at DMVs, or Face
    Litigation” <http://electionlawblog.org/?p=73006>

Posted onJune 1, 2015 11:13 am 
<http://electionlawblog.org/?p=73006>byRick Hasen 
<http://electionlawblog.org/?author=3>

Project Vote press release 
<http://www.projectvote.org/newsreleases/1133-north-carolina-in-violation-of-qmotor-voterq-law.html>.

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Posted inNVRA (motor voter) <http://electionlawblog.org/?cat=33>

-- 
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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