[EL] ELB News and Commentary 6/12/15

Rick Hasen rhasen at law.uci.edu
Fri Jun 12 07:38:56 PDT 2015


    “Under Threat of Lawsuit, Garden Grove Inches Toward District
    Elections” <http://electionlawblog.org/?p=73452>

Posted onJune 12, 2015 7:30 am 
<http://electionlawblog.org/?p=73452>byRick Hasen 
<http://electionlawblog.org/?author=3>

The Voice of OC reports. 
<http://voiceofoc.org/2015/06/under-threat-of-lawsuit-garden-grove-inches-toward-district-elections/>

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73452&title=%E2%80%9CUnder%20Threat%20of%20Lawsuit%2C%20Garden%20Grove%20Inches%20Toward%20District%20Elections%E2%80%9D&description=>
Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>


    “FEC has the power, but doesn’t make the tough calls”
    <http://electionlawblog.org/?p=73450>

Posted onJune 12, 2015 7:27 am 
<http://electionlawblog.org/?p=73450>byRick Hasen 
<http://electionlawblog.org/?author=3>

Karl SandstromCNN oped. 
<http://www.cnn.com/2015/06/12/opinions/sandstrom-fec/index.html>

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73450&title=%E2%80%9CFEC%20has%20the%20power%2C%20but%20doesn%E2%80%99t%20make%20the%20tough%20calls%E2%80%9D&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal 
election commission <http://electionlawblog.org/?cat=24>


    “Political Consultant To Be Sentenced For Violating Campaign Finance
    Law” <http://electionlawblog.org/?p=73448>

Posted onJune 12, 2015 7:03 am 
<http://electionlawblog.org/?p=73448>byRick Hasen 
<http://electionlawblog.org/?author=3>

Peter Overby reports 
<http://northernpublicradio.org/post/political-consultant-be-sentenced-violating-campaign-finance-law>for 
NPR.

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73448&title=%E2%80%9CPolitical%20Consultant%20To%20Be%20Sentenced%20For%20Violating%20Campaign%20Finance%20Law%E2%80%9D&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery 
<http://electionlawblog.org/?cat=12>


    “Holder Rips ‘Disconnected’ Supreme Court Ruling on Voting Rights”
    <http://electionlawblog.org/?p=73446>

Posted onJune 11, 2015 6:48 pm 
<http://electionlawblog.org/?p=73446>byRick Hasen 
<http://electionlawblog.org/?author=3>

Mike Sacks f 
<http://www.nationallawjournal.com/legaltimes/id=1202729124513/Holder-Rips-Disconnected-Supreme-Court-Ruling-on-Voting-Rights?cmp=share_twitter&slreturn=20150511214641>or 
BLT:

    “Abetted by a wrongly decided, factually inaccurate, and
    disconnected Supreme Court decision, too many in this country are
    trying too hard to make it too difficult for the people to express
    their views,” Holder said, referring to/Shelby County v. Holder/,
    the*2013 decision
    <http://www.supremecourt.gov/opinions/12pdf/12-96_6k47.pdf>*that
    invalidated a key provision of the Voting Rights Act.

    Holder’s comments were part of his keynote address at the opening
    night gala of the American Constitution Society’s annual convention
    in Washington. Justice Ruth Bader Ginsburg is expected to speak on
    Saturday night.

    Without naming names or political parties, Holder said, “certain
    states, with certain legislators, and certain governors,” have
    pushed voter identification laws to protect voter fraud for which,
    the former AG said, there is “no statistical proof.”

    “One party has decided to lash itself to short-term political
    expediency and put itself on the wrong side of history,” he continued.

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73446&title=%E2%80%9CHolder%20Rips%20%E2%80%98Disconnected%E2%80%99%20Supreme%20Court%20Ruling%20on%20Voting%20Rights%E2%80%9D&description=>
Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>


    “Lawmakers, ACLU protest 30-day residency voting requirement in New
    Hampshire” <http://electionlawblog.org/?p=73444>

Posted onJune 11, 2015 6:43 pm 
<http://electionlawblog.org/?p=73444>byRick Hasen 
<http://electionlawblog.org/?author=3>

AP 
<http://www.reformer.com/news/ci_28298017/lawmakers-aclu-protest-30-day-residency-voting-requirement>:

    Gov. Maggie Hassan is likely to veto legislation that would require
    people to live in New Hampshire for 30 days before they can vote in
    the state.

    Hassan’s office said Thursday she worries the bill will restrict
    people’s constitutional right to vote. The comments from her office
    came after a coalition of Democratic lawmakers, election workers and
    the American Civil Liberties Union called the bill unconstitutional….

    Supporters of the bill say the measure would eliminate voter fraud,
    including so-called drive-by voting by people who register to vote
    on Election Day when they don’t live in the state. People domiciled
    in New Hampshire can register on the day they vote. Secretary of
    State Bill Gardner backs the bill and has said he believes drive-by
    voting is a problem.

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73444&title=%E2%80%9CLawmakers%2C%20ACLU%20protest%2030-day%20residency%20voting%20requirement%20in%20New%20Hampshire%E2%80%9D&description=>
Posted inelection administration 
<http://electionlawblog.org/?cat=18>,residency 
<http://electionlawblog.org/?cat=38>


    Voting Rights Advocate Concerned About Elias Lawsuits
    <http://electionlawblog.org/?p=73441>

Posted onJune 11, 2015 4:37 pm 
<http://electionlawblog.org/?p=73441>byRick Hasen 
<http://electionlawblog.org/?author=3>

I had heard grumblings about theset of lawsuits 
<http://electionlawblog.org/?p=72945>Marc Elias has beenfiling 
<http://electionlawblog.org/?p=73418>before today, but now I have an 
email I have permission to republish (without attribution):

    I’d like to keep this email anonymous but wanted to send over a few
    thoughts on the cases Marc Elias is filing.

    In addition to these cases being long shots and the points you made
    in your Slate article there a real risk that they will actually do a
    huge amount of harm and sever the last remaining thread holding up
    Section 2. All of these cases deal with laws that are much less
    restrictive than in other states and don’t have tangible real harm
    to voters. In Virginia, the ID law is nothing compared to the Texas
    ID law and IDs actually are readily available without supporting
    documentation. Ohio has early voting while the two most populous
    states in the country do not and the settlement Elias is challenging
    was negotiated by the leading voting rights group in the country.
    The voting rights community is concerned that that SCOTUS will use
    these cases to essentially wipe out Section 2 and removing the few
    teeth it has left. An adverse decision in these cases would give
    states a blank check to pass truly harmful laws without any vehicle
    for opponents to challenge them. These cases could even give the
    Court a good fact pattern to hold that these voting disputes are all
    political in nature and not attempts to harm voters of color. There
    is also a concern here about a sweetheart deal. If the State refuses
    to litigate the case or agrees to settle it sets a terrible
    precedent. Voting rights groups closely watch lawsuits filed by
    Judicial Watch and other groups to see if Republican election
    officials enter into backroom deals to purge the voter rolls. To
    allow this to happen here could really set these Judicial Watch
    efforts into motion.

    Marc Elias may be an expert on partisan election law but he isn’t an
    expert on voting rights. Many of the laws he is challenging do not
    have an actual harmful impact on voters. If they did, the voting
    rights groups would absolutely support the risk. To many in the
    community these lawsuits are reckless and completely shortsighted.
    He is risking destroying the last remaining voting rights
    protections for future elections just to drum up support for one.

    These concerns are expressed throughout the voting rights community
    in whispers.

As I said, I heard rumblings about this before today, but I don’t know 
how widespread this sentiment is. I do know that Elias’s Ohio suit was 
brought after a big settlement between Ohio and the ACLU, and the 
Wisconsin suit was brought after the ACLU’s controversial decision to 
seek cert. in the 7th Circuit voter id case (cert. was denied).  So far 
I have not seen other organizations joining the Ohio or Wisconsin suits 
brought by Elias.

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73441&title=Voting%20Rights%20Advocate%20Concerned%20About%20Elias%20Lawsuits&description=>
Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>


    “Bloomberg Law: Supreme Court Justice Celebrity (Audio)”
    <http://electionlawblog.org/?p=73439>

Posted onJune 11, 2015 4:24 pm 
<http://electionlawblog.org/?p=73439>byRick Hasen 
<http://electionlawblog.org/?author=3>

My interview with June Grasso 
<http://media.bloomberg.com/bb/avfile/Politics/Law/v56IgZC_pj8E.mp3> (mp3):

  *


          Bloomberg Law: Supreme Court Justice Celebrity (Audio)

    Jun 11, 2015

    Richard Hasen, a professor at University of California Irvine School
    of Law, discusses the celebrity status of Supreme Court justices,
    who are scheduling interviews and appearances more than ever. He
    speaks with June Grasso on Bloomberg Radio’s “Bloomberg Law.”

    Download
    <http://media.bloomberg.com/bb/avfile/Politics/Law/v56IgZC_pj8E.mp3>

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73439&title=%E2%80%9CBloomberg%20Law%3A%20Supreme%20Court%20Justice%20Celebrity%20%28Audio%29%E2%80%9D&description=>
Posted inCelebrity Justice <http://electionlawblog.org/?cat=109>,Supreme 
Court <http://electionlawblog.org/?cat=29>


    “All’s Well That Evenwel” <http://electionlawblog.org/?p=73437>

Posted onJune 11, 2015 4:14 pm 
<http://electionlawblog.org/?p=73437>byRick Hasen 
<http://electionlawblog.org/?author=3>

I just love this headline so much, I hope to revive it in the event that 
the Supreme Court rejects the one person, one vote challenge next term.

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73437&title=%E2%80%9CAll%E2%80%99s%20Well%20That%20Evenwel%E2%80%9D&description=>
Posted inSupreme Court <http://electionlawblog.org/?cat=29>


    Marc Elias Comments on New VA Voter ID Suit
    <http://electionlawblog.org/?p=73435>

Posted onJune 11, 2015 4:13 pm 
<http://electionlawblog.org/?p=73435>byRick Hasen 
<http://electionlawblog.org/?author=3>

WaPo 
<http://www.washingtonpost.com/local/virginia-politics/va-democrats-file-court-challenge-to-restrictive-voting-laws/2015/06/11/9cb23a3e-106e-11e5-adec-e82f8395c032_story.html>:

    In addition, Elias is behind challenges to Virginia’s elections maps
    at the state and congressional levels, which could force the state
    to redraw district boundaries this fall.

    “I have a lot of clients. I have brought other lawsuits in Virginia
    …” Elias said. “So it doesn’t surprise me that the speaker and I are
    on opposite sides of the law here as well.”

    Elias declined to comment onSoros’s role
    <http://www.nytimes.com/politics/first-draft/2015/06/05/bankroller-of-democratic-voting-rights-cases-george-soros/>,
    which was first reported by the New York Times.

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73435&title=Marc%20Elias%20Comments%20on%20New%20VA%20Voter%20ID%20Suit&description=>
Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,voter id 
<http://electionlawblog.org/?cat=9>


    “Virginia Is Latest Front in Democrats’ Voting Rights Battle”
    <http://electionlawblog.org/?p=73433>

Posted onJune 11, 2015 2:10 pm 
<http://electionlawblog.org/?p=73433>byRick Hasen 
<http://electionlawblog.org/?author=3>

Maggie Haberman report 
<http://www.nytimes.com/politics/first-draft/2015/06/11/newest-front-in-democratic-voting-rights-battle-virginia/>s 
for the NYT.

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73433&title=%E2%80%9CVirginia%20Is%20Latest%20Front%20in%20Democrats%E2%80%99%20Voting%20Rights%20Battle%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>


    Ohio SOS Husted and Rep. Clyde Twitter War Over Voting Covered by
    MSNBC <http://electionlawblog.org/?p=73431>

Posted onJune 11, 2015 2:04 pm 
<http://electionlawblog.org/?p=73431>byRick Hasen 
<http://electionlawblog.org/?author=3>

Zack Roth 
<http://www.msnbc.com/msnbc/boost-clinton-efforts-expand-voting-access-advance>:

    On Wednesday afternoon, State Rep. Kathleen Clyde, a Democrat, was
    notified on Twitter that she’d been blocked by an account in the
    name of Secretary of State Jon Husted. The move came after Husted, a
    Republican, responded defiantly to Clinton’s criticism of Ohio’s
    voting policies, among other states, in her speech. Husted,
    rebutting Clinton, called the state “the gold standard” for election
    administration.

    That led to aseries of tweets <https://twitter.com/KathleenClyde>by
    Clyde Wednesday mocking the “gold standard” claim. Clyde accused
    Husted of improperly purging the vote rolls, and failing to mail
    absentee ballots to around 1 million eligible voters just because
    they hadn’t voted recently. And she noted, accurately, that Husted
    has waged a years-long campaign to reduce early voting.

    Husted and Clyde also have been sparring over how and whether to
    advance some of the expansive voting policies Clinton proposed.
    Though he’s gained a national reputation as an advocate of
    restrictive voting policies, Husted has long been an advocate of
    online registration, andhe testified
    <https://www.sos.state.oh.us/SOS/mediaCenter/2015/2015-06-10.aspx>Wednesday
    in support of a Republican-sponsored online registration bill,
    calling it “a common sense reform that is long overdue.” The bill is
    expected to pass the Senate, but its prospects in the House are far
    less clear.

    But in
    aletter<http://www.ohiohouse.gov/kathleen-clyde/press/rep-clyde-urges-secretary-husted-to-switch-on-full-online-voter-registration>sent
    the same day, Clyde wrote that Husted doesn’t need new legislation
    to implement online registration. She said it’s already in place,
    but it currently only accepts registration updates, not new
    registrations. All that’s needed to change that is for Husted to
    “switch on” full online registration.

    “He’s been talking about this for years. How about some action?”
    said Clyde in an interview. “This is the type of thing that we
    should get up and running well before the presidential election in
    Ohio.”

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73431&title=Ohio%20SOS%20Husted%20and%20Rep.%20Clyde%20Twitter%20War%20Over%20Voting%20Covered%20by%20MSNBC&description=>
Posted inThe Voting Wars <http://electionlawblog.org/?cat=60>


    “The Party as Database” <http://electionlawblog.org/?p=73429>

Posted onJune 11, 2015 1:39 pm 
<http://electionlawblog.org/?p=73429>byRick Hasen 
<http://electionlawblog.org/?author=3>

Jack Balkin <http://balkin.blogspot.com/2015/06/the-party-as-database.html>:

    Last year, in my essayThe Last Days of Disco: Why the American
    Political System is Dysfunctional
    <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2403508>, I
    explained that modern American political parties were turning into
    databases connected to fundraising operations. The two major
    political parties, and in particular, the Republican Party have been
    growing weaker because party organizations can be supplanted by
    wealthy contributors who either have access to party databases or
    have developed databases of their own….
    This prediction appears to be coming true
    <https://www.yahoo.com/politics/the-koch-brothers-and-the-republican-party-go-to-121193159491.html>,
    as evidenced by the struggle between the Koch brothers and the
    Republican National Committee over access to data.

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73429&title=%E2%80%9CThe%20Party%20as%20Database%E2%80%9D&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>,political parties 
<http://electionlawblog.org/?cat=25>


    “Anti-Hillary Clinton Group Refuses to Change Name, Defying FEC
    Order” <http://electionlawblog.org/?p=73427>

Posted onJune 11, 2015 1:35 pm 
<http://electionlawblog.org/?p=73427>byRick Hasen 
<http://electionlawblog.org/?author=3>

Byron Tau 
<http://blogs.wsj.com/washwire/2015/06/11/anti-hillary-clinton-group-refuses-to-change-name-defying-fec-order/>for 
the WSJ Wash. Wire.

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73427&title=%E2%80%9CAnti-Hillary%20Clinton%20Group%20Refuses%20to%20Change%20Name%2C%20Defying%20FEC%20Order%E2%80%9D&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal 
election commission <http://electionlawblog.org/?cat=24>


    “Why Is John Roberts Siding With the Supreme Court’s Liberals?”
    <http://electionlawblog.org/?p=73425>

Posted onJune 11, 2015 1:17 pm 
<http://electionlawblog.org/?p=73425>byRick Hasen 
<http://electionlawblog.org/?author=3>

Adam Winkler writes 
<http://www.slate.com/articles/news_and_politics/politics/2015/06/john_roberts_isn_t_a_reliable_conservative_vote_the_chief_justice_is_siding.html>at 
Slate.

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73425&title=%E2%80%9CWhy%20Is%20John%20Roberts%20Siding%20With%20the%20Supreme%20Court%E2%80%99s%20Liberals%3F%E2%80%9D&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme 
Court <http://electionlawblog.org/?cat=29>


    Breaking: Clinton Lawyer Elias Files New Voting Suit in Virginia
    <http://electionlawblog.org/?p=73418>

Posted onJune 11, 2015 12:14 pm 
<http://electionlawblog.org/?p=73418>byRick Hasen 
<http://electionlawblog.org/?author=3>

ViaMaggie Haberman 
<https://twitter.com/maggieNYT/status/609068293962481664>comes news of a 
new case filed by Marc Elias (the latest in aseries of cases 
<http://electionlawblog.org/?p=72945>).

The suit is Lee v. Virginia Board of Elections, and this time the 
Democratic Party is a party.  You can find the complaintat this link 
<https://www.scribd.com/doc/268403997/Lee-v-Virginia-Board-of-Elections>.

The suit raises both constitutional claims and claims under Section 2 of 
the Voting Rights Act focused mostly on Virginia’s voter identification 
law (although there is mention of long lines at polling places, 
presumably to be exacerbated by the i.d. requirement).

The Virginia lawwas 
precleared<http://www.washingtonpost.com/blogs/virginia-politics/post/justice-department-upholds-virginia-voter-id-law/2012/08/20/76d609f6-eb2a-11e1-a80b-9f898562d010_blog.html>by 
the Obama Justice Department, when Section 5 was still in effect, but it 
has since been mademore stringent. 
<http://www.washingtonpost.com/local/virginia-politics/virginia-elections-board-makes-voter-id-requirements-more-stringent/2014/08/07/331d625e-1dbe-11e4-82f9-2cd6fa8da5c4_story.html>

As with the claims brought by Elias in the WI and OH cases, I deem this 
a longshot case, which is probably as much about politics and 
highlighting attempts at voter suppression as it is about the legal claim.

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73418&title=Breaking%3A%20Clinton%20Lawyer%20Elias%20Files%20New%20Voting%20Suit%20in%20Virginia&description=>
Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,voter id 
<http://electionlawblog.org/?cat=9>


    “How black voters could determine the 2016 election”
    <http://electionlawblog.org/?p=73416>

Posted onJune 11, 2015 11:50 am 
<http://electionlawblog.org/?p=73416>byRick Hasen 
<http://electionlawblog.org/?author=3>

The Fix reports. 
<http://www.washingtonpost.com/blogs/the-fix/wp/2015/06/11/how-black-voters-could-determine-the-2016-election/>

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73416&title=%E2%80%9CHow%20black%20voters%20could%20determine%20the%202016%20election%E2%80%9D&description=>
Posted incampaigns <http://electionlawblog.org/?cat=59>


    The President Should Talk MORE About Pending Cases Before #SCOTUS
    <http://electionlawblog.org/?p=73414>

Posted onJune 11, 2015 11:23 am 
<http://electionlawblog.org/?p=73414>byRick Hasen 
<http://electionlawblog.org/?author=3>

I’ve alreadygotten into trouble 
<http://electionlawblog.org/?p=73306>once this week for an unpopular 
opinion (insome quarters <http://electionlawblog.org/?p=73316>) so I 
should quit while I’m behind.  But here goes.

Over on Twitter, Jonathan Adler and I have been debating whether there 
is anything improper to give public comments about cases pending before 
the Court. (Jonathan provides backgroundin this post, 
<http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/06/11/presidential-comments-on-pending-supreme-court-decisions/>and 
notes it appears that President Obama talking about the Obamacare case 
after argument while it is pending is unusual).

Jonathan thinks there is something unseemly or improper about it, citing 
Larry Tribe’s comments that such comments, even if they don’t influence 
the Court, can create public cynicism about the process.

I’m skeptical that the President’s comments would do anything to 
contribute to the already high public cynicism about the political 
process.  The public is already plenty cynical. I don’t think such 
comments would undermine the legitimacy of the Court. It is not like 
Justices choosing to speak about pending cases, which raises different 
issues.

Nor do I believe that such comments would “bully” the Supreme Court into 
deciding a case in a certain way (an argument I don’t think Jonathan is 
making, but which plenty of people made before the last Obamacare 
argument, where there was a full Court press to buck up Chief Justice 
Roberts’ in conservative opinion columns—an effort which did not work). 
  The Court is a co-equal branch of government, and can take it.

So that’s the reason not to /oppose/the President speaking on cases 
pending before SCOTUS.  What’s the /affirmative case/to speak?

The public knows woefully little about the workings on the Supreme Court 
(a problem in part of the Court’s own making and desire). On the most 
controversial cases, it is fair to say the Court is making policy, not 
deciding abstract issues of law. By speaking about the issues, the 
President who has the bully pulpit educates the public on the importance 
of the Supreme Court, the power that they hold and, in appropriate 
cases, disagreement with what the Court has done or is likely to do.

So the impulse was right to call out SCOTUS in the state of the union on 
/Citizens United/. The problem was not that the President addressed the 
issue but thathe made incorrect statements 
<http://electionlawblog.org/?p=69833>about the effect of the decision.

We need more attention to the controversial opinions of the Court. And 
the President is an important person to bring such attention.

UPDATE: In an update to Jonathan’s post, he says his issue is timing. He 
writes: “My concern, like that expressed by Professor Tribe above, is 
about the nature and timing of Presidential comments.” I don’t think 
timing matters, if one takes the position, as I do, that timing neither 
undermines public confidence nor the legitimacy of the Court, and 
believes that the President cannot bully the Justices.  Why shouldn’t 
people know that the Supreme Court might do something outrageous (as 
intaking away millions of people’s healthcare 
<http://www.slate.com/articles/news_and_politics/jurisprudence/2014/07/d_c_circuit_and_4th_circuit_obamacare_rulings_the_perils_of_following_scalia.html>in 
the King v. Burwell case–that last little bit was especially for 
Jonathan, with a smiling emoji).

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73414&title=The%20President%20Should%20Talk%20MORE%20About%20Pending%20Cases%20Before%20%23SCOTUS&description=>
Posted inSupreme Court <http://electionlawblog.org/?cat=29>


    “Why Americans should vote less often”
    <http://electionlawblog.org/?p=73412>

Posted onJune 11, 2015 10:12 am 
<http://electionlawblog.org/?p=73412>byRick Hasen 
<http://electionlawblog.org/?author=3>

Chuck Lane column 
<http://www.washingtonpost.com/opinions/vote-less-to-vote-more/2015/06/10/12e0d014-0f82-11e5-adec-e82f8395c032_story.html?hpid=z3>. 
I’d add to Chuck’s point the point that Rick Pildes made a while back: 
we vote for /more offices/than other democracies too, which contributes 
to ballot fatigue.

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73412&title=%E2%80%9CWhy%20Americans%20should%20vote%20less%20often%E2%80%9D&description=>
Posted invoting <http://electionlawblog.org/?cat=31>


    “A Voter Fraud Witch Hunt in Kansas”
    <http://electionlawblog.org/?p=73410>

Posted onJune 11, 2015 10:06 am 
<http://electionlawblog.org/?p=73410>byRick Hasen 
<http://electionlawblog.org/?author=3>

Berman on Kobach 
<http://www.thenation.com/blog/209705/voter-fraud-witch-hunt-kansas>.

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73410&title=%E2%80%9CA%20Voter%20Fraud%20Witch%20Hunt%20in%20Kansas%E2%80%9D&description=>
Posted inelection administration 
<http://electionlawblog.org/?cat=18>,fraudulent fraud squad 
<http://electionlawblog.org/?cat=8>,The Voting Wars 
<http://electionlawblog.org/?cat=60>


    “The rise of the machines; Many states, localities get new voting
    equipment for 2016″ <http://electionlawblog.org/?p=73408>

Posted onJune 11, 2015 9:39 am 
<http://electionlawblog.org/?p=73408>byRick Hasen 
<http://electionlawblog.org/?author=3>

That’s the lead story in this week’sElectionline Weekly 
<http://www.electionline.org/index.php/electionline-weekly>.

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73408&title=%E2%80%9CThe%20rise%20of%20the%20machines%3B%20Many%20states%2C%20localities%20get%20new%20voting%20equipment%20for%202016%E2%80%B3&description=>
Posted inelection administration 
<http://electionlawblog.org/?cat=18>,voting technology 
<http://electionlawblog.org/?cat=40>


    Adam Smith Sympathizes with RNC Complaints About Koch Big Money
    <http://electionlawblog.org/?p=73406>

Posted onJune 11, 2015 9:38 am 
<http://electionlawblog.org/?p=73406>byRick Hasen 
<http://electionlawblog.org/?author=3>

Every Voice <http://everyvoice.org/posts/hey-rnc-call>:

    The massive political network of the billionaire Koch brothers has
    made a surprising new enemy: The Republican National Committee
    (RNC). “The RNC is now openly arguing, however, that the Kochs’
    political operation is trying to control the Republican Party’s
    master voter file, and to gain influence over — some even say
    control of — the GOP,”according to a report in Yahoo News today
    <https://www.yahoo.com/politics/the-koch-brothers-and-the-republican-party-go-to-121193159491.html?soc_src=unv-sh&soc_trk=tw>.

    RNC Chief of Staff, sounding a lot like me, said, “I think it’s very
    dangerous and wrong to allow a group of very strong, well-financed
    individuals who have no accountability to anyone to have control
    over who gets access to the data when, why and how.”

    It’s a pretty delicious sentiment—that a few unaccountable
    billionaires shouldn’t get to control things in elections–coming
    from a group
    <http://www.huffingtonpost.com/2014/04/09/rnc-campaign-finance_n_5115266.html>that
    has fought contribution limits, opposed efforts to address Citizens
    United v. FEC, and whose chair has even questioned the need for
    political spending disclosure.

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73406&title=Adam%20Smith%20Sympathizes%20with%20RNC%20Complaints%20About%20Koch%20Big%20Money&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>


    Pete Peterson at Zocalo Talks About Running for CA Secretary of
    State <http://electionlawblog.org/?p=73404>

Posted onJune 11, 2015 9:35 am 
<http://electionlawblog.org/?p=73404>byRick Hasen 
<http://electionlawblog.org/?author=3>

Peterson 
<http://www.zocalopublicsquare.org/2015/06/11/an-outsiders-guide-to-running-and-losing-a-california-election/ideas/nexus/>:

    Also favoring the insider—particularly in California—is the
    substantial presence of the “third house”—a vast network of
    associations, corporations, and unions with lobbying interests in
    Sacramento. Most Californians have never heard of the California
    Infill Builders Federation PAC, the Technet California Political
    Action Committee, or the California Refuse Recycling Council North
    PAC, but these groups (and dozens more) contributed hundreds of
    thousands of dollars to my opponent.

    Why are these organizations interested in the secretary of state’s
    race? Viewed in the best light, these contributions come through
    standing relationships. In many ways, this is the primary skill of a
    successful career politician—an ability to make particular kinds of
    political relationships, aligning personal positions on issues with
    the financial benefits of voting on them.

    My opponent had built these relationships over eight years in
    Sacramento as a state senator and the preceding seven years as a Los
    Angeles city councilman—on issues ranging from plastic bag bans to
    telecom legislation. A quick check of donations to his secretary of
    state campaign reveals financial support from groups ranging from
    the California Grocers Association to AT&T. (With all the talk these
    days about “outside money” in politics, the only independent
    expenditure in my race was a $170,000 project in support of my
    opponent, initiated by the California Labor Federation—yet another
    third house organization.)

    This fundraising avenue is almost completely shut off for outsiders.
    It’s not that I didn’t try. Several times I was told by third house
    leaders I met with that I presented an “interesting campaign,” but
    because the organization “had a piece of legislation before my
    opponent’s committee the next day,” they could not be seen
    supporting my run with a donation.

    I hoped some groups might open their wallets when my opponent termed
    out of office after the close of the legislative term in August. But
    then my staff and I were informed, “Your opponent has a lot of
    friends who are not terming out. If we support you, we lose the
    support of those friends.”

    Ah, relationships.

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73404&title=Pete%20Peterson%20at%20Zocalo%20Talks%20About%20Running%20for%20CA%20Secretary%20of%20State&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>,election administration 
<http://electionlawblog.org/?cat=18>,election law biz 
<http://electionlawblog.org/?cat=51>


    “Ballot Talks: Delayed presidential bids and campaign finance
    reform” <http://electionlawblog.org/?p=73402>

Posted onJune 11, 2015 9:31 am 
<http://electionlawblog.org/?p=73402>byRick Hasen 
<http://electionlawblog.org/?author=3>

WHYY Radio Times 
<http://whyy.org/cms/radiotimes/2015/06/11/ballot-talks-delayed-presidential-bids-and-campaign-finance-reform/>:


          Ballot Talks: Delayed presidential bids and campaign finance
          reform

    *June 11, 2015*

    *Hour 1*

    *Guests: Paul Seamus Ryan, Nate Persily, Eric Lichtblau*

    Jeb Bush said he’ll be announcing his bid for the 2016 election on
    Monday. Scott Walker has yet to make his candidacy official. But is
    there any doubt that Bush or Walker will be making a run for the
    White House? Election watchdog groups say these tactics bend
    campaign finance laws by allowing likely candidates more time to
    raise unregulated money and coordinate through their super PACs. In
    this week’s edition of Ballot Talks, what does election laws say
    about “non-candidate” strategy? We’ll also discuss a recent poll
    that shows most Americans are worried about money in politics and
    want reform. And we’ll look at how the internet is changing
    political campaigning.  Guest host Mary Cummings-Jordan talks
    with*PAUL SEAMUS RYAN*
    <http://www.campaignlegalcenter.org/team/paul-s-ryan>, senior
    counsel at the Campaign Legal Center,*NATE PERSILY*
    <https://www.law.stanford.edu/profile/nathaniel-persily>, Professor
    of Law, Politics and Communication at Stanford University Law
    School, and*ERIC LICHTBLAU*
    <http://topics.nytimes.com/top/reference/timestopics/people/l/eric_lichtblau/index.html>,
    investigative reporter for the/New York Times./

Share 
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D73402&title=%E2%80%9CBallot%20Talks%3A%20Delayed%20presidential%20bids%20and%20campaign%20finance%20reform%E2%80%9D&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>


-- 
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

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20150612/2c671430/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20150612/2c671430/attachment.png>


View list directory