[EL] ELB News and Commentary 6/9/15

Rick Hasen rhasen at law.uci.edu
Tue Jun 9 08:52:38 PDT 2015


    Pushback on My Hillary Voting Wars Piece
    <http://electionlawblog.org/?p=73306>

Posted onJune 9, 2015 8:50 am 
<http://electionlawblog.org/?p=73306>byRick Hasen 
<http://electionlawblog.org/?author=3>

The good news is thatDoug Chapin 
<http://about%20a%20quarter%20of%20americans%20also%20say%20they%27d%20like%20to%20see%20their%20state%20expand%20early%20voting%2C%20while%2037%20percent%20say%20their%20state%27s%20policies%20are%20about%20right.%20only%209%20percent%20want%20to%20see%20early%20voting%20reduced.%20%20more%20broadly%2C%20a%20majority%20of%20the%20public%20--%2061%20percent%20--%20say%20that%20low%20voter%20turnout%20is%20at%20least%20a%20moderate%20problem.%20many%2C%20though%2C%20aren%27t%20sure%20it%27s%20the%20government%27s%20problem%20to%20fix.%20forty-six%20percent%20of%20people%20say%20the%20government%20is%20already%20doing%20enough%20to%20make%20sure%20that%20everyone%20who%20wants%20to%20vote%20in%20elections%20is%20able%20to%2C%20while%2032%20percent%20say%20it%20isn%27t.%20democrats%20say%20by%20a%2024-point%20margin%20that%20the%20government%20doesn%27t%20do%20enough%2C%20while%20republicans%20say%20by%20a%2055-point%20margin%20that%20it%20does./>liked 
mySlate piece 
<http://blog.lib.umn.edu/cspg/electionacademy/2015/06/putting_out_a_fire_with_gasoli.php>from 
yesterday on whether Hillary Clinton is making real election reform 
harder by framing the issue as a partisan fight. The bad news is that 
Doug seems to be alone in telling me to “Rock on.”  Most thoughtful 
people I know with whom I share my writing have had a much more negative 
reaction to the piece, even if it appears that Clinton’s framing of the 
issue may decreaseRepublican support for reform 
<http://electionlawblog.org/?p=73304>.

I would say the responses fit into three categories:

1. There are no moderate Republicans who will deal on election reform. 
Republicans won’t support fixing the Voting Rights Act or anything else 
so there’s very little to lose (and, as I agree in the Slate piece, 
Clinton is advancing good policies and it is good base politics for her 
to give this red meat to her supporters). The examples I give in the 
eighth paragraph of my piece, where Republicans and Democrats have come 
together on issues, is simply too little, or the policies they’ve come 
together on, too insignificant.

2. The few moderate Republicans out there are more likely to respond by 
being shamed into doing the right thing than through rational 
discussion. (I’m not sure how to judge what is more effective, but I 
thought the Bauer-Ginsberg commission was a good example of how things 
could get done with the rhetoric lower.)

3. The comments of Scott Walker, Rick Perry etc. about the extent of 
voter fraud and the policies they have adopted are so outrageous that 
they deserve to be called out for their bad behavior.  (On this point, I 
agree, but I don’t think the Clinton, who has about an even chance to be 
the next President, is the one to do it.  I try to do it all the time on 
the blog when the issue arises, and many, many people write about this.)

I usually don’t have doubts about the positions I put forward in my 
opeds and commentaries, but this pushback has been so strong from many 
people I respect that I will think on this some more.

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


    “Republican Support For Automatic Voter Registration Is Way Lower
    Than It Used To Be” <http://electionlawblog.org/?p=73304>

Posted onJune 9, 2015 8:39 am 
<http://electionlawblog.org/?p=73304>byRick Hasen 
<http://electionlawblog.org/?author=3>

Ariel Edwards-Levy 
<http://www.huffingtonpost.com/2015/06/08/automatic-voter-registration_n_7537608.html>for 
HuffPo:

    Back in March, 53 percent of Republicans supported their state
    introducing a law like Oregon’s. Today, just 38 percent are in favor
    of automatically registering citizens who are eligible to vote.

    The two polls aren’t exactly identical. The earlier survey asked
    about a state-level proposal rather than a national one. It also
    introduced a further qualifier on how citizens would be registered —
    that is, through the DMV, rather than universally.

    But there’s an even more direct way of measuring the degree to which
    support for the idea has eroded among Republican voters. While half
    of those polled were asked simply whether they favored or opposed
    automatic registration, the rest were first told that the idea had
    been recently proposed by Clinton. Among that group, GOP support
    dropped an additional 10 points to just 28 percent…

    About a quarter of Americans also say they’d like to see their state
    expand early voting, while 37 percent say their state’s policies are
    about right. Only 9 percent want to see early voting reduced.

    More broadly, a majority of the public — 61 percent — say that low
    voter turnout is at least a moderate problem. Many, though, aren’t
    sure it’s the government’s problem to fix. Forty-six percent of
    people say the government is already doing enough to make sure that
    everyone who wants to vote in elections is able to, while 32 percent
    say it isn’t. Democrats say by a 24-point margin that the government
    doesn’t do enough, while Republicans say by a 55-point margin that
    it does.

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


    WI Has Inadequate Funding for Voter ID Education Campaign
    <http://electionlawblog.org/?p=73302>

Posted onJune 9, 2015 8:28 am 
<http://electionlawblog.org/?p=73302>byRick Hasen 
<http://electionlawblog.org/?author=3>

In an earlier post, WI GAB Has Only Tiny Budget to Get Out Word About 
New Voter ID Requirements 
<http://wi%20gab%20has%20only%20tiny%20budget%20to%20get%20out%20word%20about%20new%20voter%20id%20requirements/>. 
The GAB spokesperson responded with apretty cheerful message 
<http://electionlawblog.org/?p=72694>about the adequacy of funding, but 
the picture seemsless bright: 
<http://thinkprogress.org/election/2015/06/08/3667026/wisconsin-voters-feel-screwed-new-voting-restrictions/>

    Governor Scott Walker’s budget, which must pass in the next few
    weeks, includesalmost no funding
    <http://electionlawblog.org/?p=72671>for the GAB to educate voters
    about the new requirements. The agency had estimated it would cost
    about $500,000 to inform the state’s millions of voters about the
    law, but they were given a only tiny fraction of that amount.

    “We actually made a great ad campaign. We havecatchy videos in
    English and Spanish <http://bringit.wisconsin.gov/downloads>. But we
    weren’t given any money to air them,” Wolfe told ThinkProgress. “Our
    request for additional funding was denied.”

    Due to the lack of funds, Wolfe said she could only give workshops
    if communities self-organize and request one, as they did in
    Milwaukee. She also implored the attendees to widely share the PSAs
    they can’t afford to get on the radio or TV.

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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>


    Fiorina Against Automatic Voter Registration
    <http://electionlawblog.org/?p=73300>

Posted onJune 9, 2015 8:24 am 
<http://electionlawblog.org/?p=73300>byRick Hasen 
<http://electionlawblog.org/?author=3>

Ben 
Jacobs<http://www.theguardian.com/us-news/2015/jun/09/carly-fiorina-foreign-policy-republican-interview>in 
The Guardian:

    She was certainly hostile to Clinton’s most recent policy proposal,
    which called for automatic voter registration of every eligible
    American. “I don’t think it’s a good idea unless there are some
    safeguards on who is registering,” said Fiorina. The former tech
    company CEO added: “We know, for example, in a state like New
    Hampshire, people drive across the border from Massachusetts,
    register the same day and vote and then drive back home to
    Massachusetts. We know that goes on.” (One Massachusetts residentwas
    prosecuted
    <http://www.rawstory.com/2014/06/voter-fraud-massachusetts-democrat-pleads-guilty-to-voting-in-new-hampshire-primary/>in
    2014 for voting in two New Hampshire Democratic presidential
    primaries. A state prosecutor at the time told Reuters he was
    unaware of any other similar case of voter fraud in the Granite State.)

    Fiorina then went on to harangue Clinton for accusing the GOP of
    “trying to disenfranchise poor people and minorities”. She argued:
    “If it’s such a commonsense proposal why was it accompanied by such
    vitriol?”

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


    “DOJ Wants 4 Years in Jail for Consultant In Super PAC Campaign
    Coordination Case” <http://electionlawblog.org/?p=73297>

Posted onJune 9, 2015 8:22 am 
<http://electionlawblog.org/?p=73297>byRick Hasen 
<http://electionlawblog.org/?author=3>

Bloomberg BNA: 
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=70096430&vname=mpebulallissues&jd=a0g7z5w1m5&split=0>

    The Justice Department is asking for a jail sentence of nearly four
    years for Tyler Harber, a Virginia political consultant who pleaded
    guilty to illegal coordination of campaign financing by a super
    political action committee and a congressional candidate’s campaign
    committee (U.S. v. Harber, E.D. Va., Criminal No. 14-373,sentencing
    memo, 6/5/15).
    Top DOJ officials said in asentencing memorandum
    <http://www.bloomberglaw.com/public/document/USA_v_Harber_Docket_No_114cr00373_ED_Va_Nov_06_2014_Court_Docket/2>that
    a tough sentence for Harber would send a message that coordination
    between candidate campaigns and supposedly independent super PACs
    will not be tolerated.
    The memorandum, filed June 5 in federal district court in
    Alexandria, Va., said Harber should be sentenced to 46 months in
    prison. DOJ said such a sentence would be at the “low end” of the
    range of appropriate punishments imposed under federal sentencing
    guidelines.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery 
<http://electionlawblog.org/?cat=12>,Department of Justice 
<http://electionlawblog.org/?cat=26>


    “‘Desperate’ at the FEC” <http://electionlawblog.org/?p=73295>

Posted onJune 9, 2015 8:17 am 
<http://electionlawblog.org/?p=73295>byRick Hasen 
<http://electionlawblog.org/?author=3>

I’ve got to agree 
withBauer<http://www.moresoftmoneyhardlaw.com/2015/06/desperate-fec/>on 
this point:

    One explanation provided to/USA Today/is that it will allow for a
    hearing at which the general public will be heard. Butsuch a hearing
    <http://www.npr.org/2015/02/10/385267286/fec-invites-comment-on-campaign-finance-laws-at-first-public-hearing>has
    been held, and the Chair could have unilaterally arranged for
    another, as she did recently in convening aforum on the role of
    women in politics
    <http://www.fec.gov/pages/forums/WomenInPoliticsForum.shtml>.

    The answer to this may be no more than: it does not matter, because
    the Petition serves only to make a point. A sympathetic observer
    would call it a/cri de coeur/; one less sympathetic might see it as
    a PR maneuver. What might unite the two sides is merely their
    agreement, for entirely different reasons, that the Commission is
    not in good working order. The risk of the petition initiative is
    that rather than move the discussion to a better place (hard as that
    is), it sends a dreary message about the state of the agency.

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


    “Editorial: Fraudulent claims of voter fraud”
    <http://electionlawblog.org/?p=73293>

Posted onJune 9, 2015 8:09 am 
<http://electionlawblog.org/?p=73293>byRick Hasen 
<http://electionlawblog.org/?author=3>

Anniston Star: 
<http://www.annistonstar.com/opinion/editorial-fraudulent-claims-of-voter-fraud/article_01a087ec-0e2c-11e5-b0bc-bfbe9e6baca8.html> “States 
should focus on getting more Americans to the polls, not chasing 
phantoms of voter fraud.”

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


    Paul Sherman NYT Letter to the Editor on Citizens United Poll
    <http://electionlawblog.org/?p=73291>

Posted onJune 9, 2015 8:07 am 
<http://electionlawblog.org/?p=73291>byRick Hasen 
<http://electionlawblog.org/?author=3>

Here. 
<http://www.nytimes.com/2015/06/09/opinion/misconceptions-about-the-citizens-united-ruling.html?_r=1>

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme 
Court <http://electionlawblog.org/?cat=29>


    David Keating Responds to SacBee Editorial on Disclosing CCP Donor
    List <http://electionlawblog.org/?p=73289>

Posted onJune 9, 2015 8:05 am 
<http://electionlawblog.org/?p=73289>byRick Hasen 
<http://electionlawblog.org/?author=3>

Keating 
<http://www.sacbee.com/opinion/california-forum/article23130438.html>:

    By claiming the right to the donor lists of all 501(c)(3)
    organizations that seek public support from Californians, Attorney
    General Kamala Harris can build a government database of donors to
    nearly every charity and nonpolitical nonprofit in the country; from
    the Salvation Army to the Heritage Foundation and the Sierra Club
    Foundation, without explaining how this will help her regulate
    charitable solicitation. Such a wide sweeping demand, unauthorized
    by California law, infringes on our First Amendment rights.

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


    “State Employees Are Having A Hard Time Explaining Scott Walker’s
    New Voting Restrictions” <http://electionlawblog.org/?p=73287>

Posted onJune 8, 2015 6:52 pm 
<http://electionlawblog.org/?p=73287>byRick Hasen 
<http://electionlawblog.org/?author=3>

Think Progress reports. 
<http://thinkprogress.org/election/2015/06/08/3667026/wisconsin-voters-feel-screwed-new-voting-restrictions/>

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


    “Is Hillary Clinton Dooming Real Election Reform? If the Democratic
    front-runner cares so much about voting rights, then she shouldn’t
    be politicizing them.” <http://electionlawblog.org/?p=73283>

Posted onJune 8, 2015 1:16 pm 
<http://electionlawblog.org/?p=73283>byRick Hasen 
<http://electionlawblog.org/?author=3>

I have writtenthis new piece 
<http://www.slate.com/articles/news_and_politics/politics/2015/06/hillary_clinton_is_politicizing_voting_rights_the_democratic_frontrunner.html?wpsrc=sh_all_dt_tw_top>for 
/Slate/.  It begins:

    Hillary Clintonspoke at Texas Southern University
    <https://www.hillaryclinton.com/feed/hillary-clinton-we-should-make-it-easier-vote/>last
    week, where she put forward somegood and provocative ideas
    <http://www.washingtonpost.com/blogs/plum-line/wp/2015/06/04/hillary-leans-hard-into-the-battle-over-voting/>for
    improving our elections. She wants Congress to fix the part of the
    Voting Rights Act that the Supreme Courtgutted
    <http://www.nytimes.com/2013/06/26/opinion/the-chief-justices-long-game.html>in2013
    <http://www2.bloomberglaw.com/public/desktop/document/Shelby_Cnty_v_Holder_No_1296_2013_BL_167707_US_June_25_2013_Court>.
    She wants to expand early voting periods nationally to at least 20
    days. And most provocatively, she advocates automatic universal
    voter registration across the country, including a program to
    automatically register high school students to vote before their
    18^th birthdays.

    But the partisan way she’s framed the issue—by blaming Republicans
    for all the voting problems—makes it less likely these changes will
    actually be implemented should she be elected president. Instead,
    she’s offering red meat to her supporters while alienating the
    allies she would need to get any reforms enacted.

Another snippet:

    */Slate/*readers may welcome Clinton calling out Republicans who are
    acting in bad faith. I understand that impulse, because I agree that
    Walker and Perry support restrictive voter ID laws not because they
    believe voter fraud is a real problem but to help get Republicans
    elected through suppressing the Democratic vote.

    However, there are moderate Republicans who are willing to work with
    Democrats on election reform when the issue is less politicized.
    Consider the work of thePresidential Commission on Election
    Administration <http://www.supportthevoter.gov/>, headed by
    President Obama’s former head lawyer Robert Bauer and former Mitt
    Romney campaign head lawyer Benjamin Ginsberg. They proposed
    common-sense election reforms to improve our election processes—work
    that is being carried forward on a bipartisan basis by groups like
    theBipartisan Policy Center
    <http://bipartisanpolicy.org/topics/governance/?key=electoral-reform>and
    thePew Charitable Trust’s election reform project
    <http://www.pewtrusts.org/en/projects/election-initiatives>. Doug
    Chapin’sElection Academy
    <http://blog.lib.umn.edu/cspg/electionacademy/>brings
    professionalism, not partisanship, to the field. And with a newly
    functioning Election Assistance Commission, moderate technocratic
    steps to improve our elections are possible.

    Or consider how Republicans and Democrats have come together in many
    places to support online voter registration, a great move to aid the
    convenience of voters who are new or who have moved since last
    voting. The Florida legislature passed this reform with great
    bipartisan majorities, and Gov. Rick Scott reluctantlysigned the law
    <http://www.tampabay.com/news/politics/stateroundup/gov-rick-scott-with-some-hesitation-signs-online-voter-registration-law/2229827>,
    even after his handpicked Secretary of State Ken Detzner fought
    against its passage. The Republican Ohio Secretary of State, Jon
    Husted,is pushing hard
    <http://www.dispatch.com/content/stories/local/2015/05/10/capitol-insider-jon-husted-rallies-support-for-online-voter-signups.html>for
    online voter registration, despite opposition from Republicans state
    legislators.

It concludes:

    On TwitterI complained
    <https://twitter.com/rickhasen/status/606579288670769153>that a
    campaign is the last place to have a rational conversation about our
    dysfunctional election system. Clinton’s lawyerElias responded
    <https://twitter.com/marceelias/status/606630230028099584>:
    “Wrong—it’s the best place to expose voter suppression for what it
    is. Worst place is in academic papers no one reads.”

    That may be a great position to take in the campaign. But it’s not
    the kind of talk that is going to get Republicans in Congress to go
    along with a Voting Rights Act fix proposed by a President Hillary
    Clinton or any other meaningful reforms that will require bipartisan
    support. Clinton would do the country a service by leaving election
    reform to sober policy discussions and not campaign rallies.

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


    Read the Ravel-Weintraub Petition for the FEC to Engage in New
    Rulemaking <http://electionlawblog.org/?p=73279>

Posted onJune 8, 2015 9:33 am 
<http://electionlawblog.org/?p=73279>byRick Hasen 
<http://electionlawblog.org/?author=3>

Here. 
<http://electionlawblog.org/wp-content/uploads/weintraub-ravel-petition.pdf>

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


    Joan Biskupic Takes Deep Dive into Ed Blum’s Latest Litigation:
    Against Harvard’s Admissions Policy
    <http://electionlawblog.org/?p=73277>

Posted onJune 8, 2015 9:29 am 
<http://electionlawblog.org/?p=73277>byRick Hasen 
<http://electionlawblog.org/?author=3>

Read this from Reuters 
<http://www.reuters.com/investigates/special-report/usa-harvard-discrimination/>:

    In recent months, Harvard University has come under attack in court
    for allegedly limiting the number of Asian-American students it
    admits. A Reuters examination reveals how the lawsuit brought in
    their name arose from a broader goal: upending a nearly 40-year-old
    Supreme Court decision that has primarily helped blacks and Hispanics.

    A civil rights group representing African American and other
    minority students has recently filed papers seeking to enter the
    case, arguing they are the “real targets.” They say that if the
    lawsuit succeeds, the consequences for blacks, Hispanics and Native
    Americans would be “catastrophic,” and they cannot rely on Harvard
    to represent their interests.

    The lawsuit was not initiated by Asian Americans. It names none in
    its 120 pages.

    Rather, it was started by a conservative advocate, Edward Blum, who
    over the years has enlisted white plaintiffs to challenge race-based
    policies. He developed the case that two years ago led to a Supreme
    Court decision narrowing the Voting Rights Act of
    1965.http://reut.rs/1EYqyT4  Last week the justices accepted another
    voting-related case he started, one that could shift voting power
    from urban, Hispanic districts to rural, whiter areas in Texas.

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Posted inSupreme Court <http://electionlawblog.org/?cat=29>


    “Exclusive: Two FEC officials implore agency to curb 2016 election
    abuse” <http://electionlawblog.org/?p=73275>

Posted onJune 8, 2015 8:18 am 
<http://electionlawblog.org/?p=73275>byRick Hasen 
<http://electionlawblog.org/?author=3>

Fredreka Schouten 
<http://www.usatoday.com/story/news/politics/elections/2016/2015/06/08/fec-commissioners-ravel-and-weintraub-petition-campaign-finance/28674981/>for 
USA Today reports that FEC Commissioners Ravel and Weintraub “are filing 
a formal petition, urging their own agency to write rules to clamp down 
on unfettered political spending and unmask the anonymous money flooding 
U.S. elections.”

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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
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http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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