[EL] ELB News and Commentary 3/27/15

[Rick Hasen]

    “Judge: Democratic chairwoman took advantage of frail nursing home
    voters” <http://electionlawblog.org/?p=71342>

Posted onMarch 27, 2015 8:13 am 
<http://electionlawblog.org/?p=71342>byRick Hasen 
<http://electionlawblog.org/?author=3>

Gannett 
<http://www.mycentraljersey.com/story/news/local/middlesex-county/2015/03/26/perth-amboy-democratic-chairwoman-took-advantage-nursing-home-voters-judge-says/70515170/>reports 
from NJ:

    In a rare move, a Superior Court judge this week threw out the
    November election results for a City Council seat, ordering a new
    election after finding that the city’s Democratic chairwoman took
    advantage of elderly nursing home residents.

    Among the residents whose mail-in ballots were thrown out Wednesday
    by Judge Heidi Currier was a blind man, a resident who couldn’t
    recall either her address or having voted, and others who testified
    that Leslie Dominguez-Rodriguez coerced them into voting for her
    husband, a candidate for Board of Education.

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A>
Posted inchicanery <http://electionlawblog.org/?cat=12>,election 
administration <http://electionlawblog.org/?cat=18>


    “ACLU Asks Federal Court to Expand Wisconsin Voter Access
    Opportunities” <http://electionlawblog.org/?p=71340>

Posted onMarch 27, 2015 8:10 am 
<http://electionlawblog.org/?p=71340>byRick Hasen 
<http://electionlawblog.org/?author=3>

Interesting move 
<https://www.aclu.org/voting-rights/aclu-asks-federal-court-expand-wisconsin-voter-access-opportunities>by 
ACLU following this week’s cert denial.

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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>


    “McAuliffe vetoes six redistricting bills”
    <http://electionlawblog.org/?p=71338>

Posted onMarch 27, 2015 8:09 am 
<http://electionlawblog.org/?p=71338>byRick Hasen 
<http://electionlawblog.org/?author=3>

WaPo reports. 
<http://www.washingtonpost.com/local/virginia-politics/mcauliffe-vetoes-six-redistricting-bills/2015/03/26/f38886fc-d3b9-11e4-ab77-9646eea6a4c7_story.html?postshare=4011427458567644>

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Posted inredistricting <http://electionlawblog.org/?cat=6>


    “Jeb Bush Aides Consider Data-Selling Plan”
    <http://electionlawblog.org/?p=71336>

Posted onMarch 27, 2015 8:05 am 
<http://electionlawblog.org/?p=71336>byRick Hasen 
<http://electionlawblog.org/?author=3>

NYT 
<http://www.nytimes.com/politics/first-draft/2015/03/27/jeb-bush-aides-consider-data-selling-plan/?module=BlogPost-Title&version=Blog%20Main&contentCollection=Politics&action=Click&pgtype=Blogs&region=Body>: 
“Aides to Jeb Bush are considering an ambitious data-selling system that 
would exist for his eventual presidential campaign and outside groups 
supporting it, three people briefed on the plan confirmed.”

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


    “Reform Initiatives Moved by ‘Reward and Punishment'”
    <http://electionlawblog.org/?p=71334>

Posted onMarch 27, 2015 8:03 am 
<http://electionlawblog.org/?p=71334>byRick Hasen 
<http://electionlawblog.org/?author=3>

Bauer blogs. 
<http://www.moresoftmoneyhardlaw.com/2015/03/reform-initiatives-moved-reward-punishment/>

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


    “Montana House backs bill to require ‘dark money’ groups disclose
    donors” <http://electionlawblog.org/?p=71332>

Posted onMarch 27, 2015 8:02 am 
<http://electionlawblog.org/?p=71332>byRick Hasen 
<http://electionlawblog.org/?author=3>

See here 
<http://missoulian.com/news/state-and-regional/article_72bd75d5-6371-5b6b-b1d7-026d09be7d9f.html>.

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AA%20%2866%29%0A>
Posted incampaign finance <http://electionlawblog.org/?cat=10>


    “GOP Fields More Million-Dollar Arms”
    <http://electionlawblog.org/?p=71330>

Posted onMarch 27, 2015 8:00 am 
<http://electionlawblog.org/?p=71330>byRick Hasen 
<http://electionlawblog.org/?author=3>

Jeanne Cummings 
<http://www.bloombergview.com/articles/2015-03-26/gop-fields-more-million-dollar-arms>for 
Bloomberg View.

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


    Vermont AG Seeks $72,000 Fine for What Looks Like Minor Campaign
    Finance Violation <http://electionlawblog.org/?p=71328>

Posted onMarch 27, 2015 7:58 am 
<http://electionlawblog.org/?p=71328>byRick Hasen 
<http://electionlawblog.org/?author=3>

See here 
<http://digital.vpr.net/post/dean-corren-violated-campaign-finance-law-ag-sorrell-says>.

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


    “Kris Kobach asks U.S. Supreme Court to restore his
    proof-of-citizenship law” <http://electionlawblog.org/?p=71326>

Posted onMarch 27, 2015 7:55 am 
<http://electionlawblog.org/?p=71326>byRick Hasen 
<http://electionlawblog.org/?author=3>

Wichita Eagle <http://www.kansas.com/news/local/article16426382.html>:

    Kansas Secretary of State Kris Kobach is asking the U.S. Supreme
    Court to overturn an appeals court decision and restore a state law
    he wrote requiring proof-of-citizenship documents to register to vote.

    Kobach wants the Supreme Court to undo the November decision by the
    Denver-based 10th Circuit Court of Appeal, in a case pitting Kansas
    and Arizona against the federal Election Assistance Commission and a
    bevy of voting rights groups.

Here <http://electionlawblog.org/?p=69422>is some of my earlier coverage.
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9%0A>
Posted inElection Assistance Commission 
<http://electionlawblog.org/?cat=34>,Elections Clause 
<http://electionlawblog.org/?cat=70>,NVRA (motor voter) 
<http://electionlawblog.org/?cat=33>,Supreme Court 
<http://electionlawblog.org/?cat=29>,The Voting Wars 
<http://electionlawblog.org/?cat=60>


    “State and Local Officials Look to Improve Election Administration
    Ahead of 2016″ <http://electionlawblog.org/?p=71324>

Posted onMarch 27, 2015 7:51 am 
<http://electionlawblog.org/?p=71324>byRick Hasen 
<http://electionlawblog.org/?author=3>

Bauer and Ginsberg 
<http://bipartisanpolicy.org/blog/state-and-local-officials-look-to-improve-election-administration-ahead-of-2016/>blog 
at the Bipartisan Policy Center blog: “The 2016 presidential election 
campaign is officially underway. Millions of votes will be cast in the 
primaries and general election. Both parties will contest these 
elections vigorously, but both parties can also agree that voters should 
have a sound and fair process for casting their ballots.”

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2866%29%0A>
Posted inelection administration 
<http://electionlawblog.org/?cat=18>,PCEA (Bauer-Ginsberg Commission) 
<http://electionlawblog.org/?cat=79>,The Voting Wars 
<http://electionlawblog.org/?cat=60>


    The Never-Ending Texas Redistricting Case Continues with New
    Briefing Order <http://electionlawblog.org/?p=71321>

Posted onMarch 26, 2015 11:32 am 
<http://electionlawblog.org/?p=71321>byRick Hasen 
<http://electionlawblog.org/?author=3>

The court wants to know 
<http://electionlawblog.org/wp-content/uploads/texas-alabama.pdf>the 
effect of the Supreme Court’s Alabama case on the Texas case.

What’s the over-under on getting a final ruling before the 2016 election 
season starts?

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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>


    “Google searches show that millions of people wanted to vote but
    couldn’t” <http://electionlawblog.org/?p=71319>

Posted onMarch 26, 2015 10:35 am 
<http://electionlawblog.org/?p=71319>byRick Hasen 
<http://electionlawblog.org/?author=3>

Alex 
Street<http://www.washingtonpost.com/blogs/monkey-cage/wp/2015/03/26/google-searches-show-that-millions-of-people-wanted-to-vote-but-couldnt/>at 
The Monkey Cage:

    Some scholarsargue
    <http://onlinelibrary.wiley.com/doi/10.1111/ajps.12063/abstract> that requiring
    early registration hurts voter mobilization in the final days of the
    campaign, when interest in the election is most intense. But
    skeptics counter
    <http://www.cambridge.org/us/academic/subjects/politics-international-relations/american-government-politics-and-policy/discount-voting-voter-registration-reforms-and-their-effects?format=HB> that
    most of the people who fail to register in time have little real
    interest in voting.

    Our new research
    <http://pan.oxfordjournals.org/content/early/2015/03/11/pan.mpv002.full> shows
    that there is a lot of last-minute interest. We estimate that
    keeping registration open through Election Day in 2012 would have
    allowed an additional 3 million to 4 million Americans to register
    and vote.

    We used the number of Google searches for “register to vote” in the
    weeks leading up to the 2012 election to measure late interest in
    registering. These search terms were entered millions of times, and
    much of the activity fell at the very end of the campaign period.

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%2866%29%0A>
Posted invoter registration <http://electionlawblog.org/?cat=37>


    “Access Denied: New ACLU/Center for Accessible Technology Report
    Rates State OVR Sites” <http://electionlawblog.org/?p=71317>

Posted onMarch 26, 2015 9:39 am 
<http://electionlawblog.org/?p=71317>byRick Hasen 
<http://electionlawblog.org/?author=3>

A ChapinBlog. 
<http://blog.lib.umn.edu/cspg/electionacademy/2015/03/access_denied_new_aclucenter_f.php>

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0AVRAA%20%2866%29%0A>
Posted inelection administration 
<http://electionlawblog.org/?cat=18>,voter registration 
<http://electionlawblog.org/?cat=37>,voters with disabilities 
<http://electionlawblog.org/?cat=71>


    “How Super PACs are Taking Over” <http://electionlawblog.org/?p=71315>

Posted onMarch 26, 2015 9:23 am 
<http://electionlawblog.org/?p=71315>byRick Hasen 
<http://electionlawblog.org/?author=3>

TIME reports. <http://time.com/3758900/super-pacs-2016/>

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


    “Why the 2016 Presidential Candidates Are Waiting to Jump In”
    <http://electionlawblog.org/?p=71313>

Posted onMarch 26, 2015 9:18 am 
<http://electionlawblog.org/?p=71313>byRick Hasen 
<http://electionlawblog.org/?author=3>

ABC News reports. 
<http://abcnews.go.com/Politics/2016-presidential-candidates-waiting-jump/story?id=29900507>

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


    “WyLiberty Brief Helps Turn Tide in Texas Free Speech Case”
    <http://electionlawblog.org/?p=71311>

Posted onMarch 26, 2015 9:10 am 
<http://electionlawblog.org/?p=71311>byRick Hasen 
<http://electionlawblog.org/?author=3>

Release 
<http://wyliberty.org/feature/wyliberty-brief-helps-turn-tide-in-texas-free-speech-case/>:

    The Texas Fifth Court of Appeals ruledyesterday in/Cary v. Texas/
    <http://wyliberty.org/wp-content/uploads/2015/03/CaryVTexasOpinion.pdf>that
    evidence presented by state prosecutors to convict David Cary of
    bribery, money laundering and engaging in organized criminal
    activity was legally insufficient. The state brought the case
    against David Cary and others, arguing that a campaign funding
    system for a judicial candidate was instead a bribery scheme. Late
    last year,Wyoming Liberty Group attorneys filed an/amicus curiae/
    <http://wyliberty.org/wp-content/uploads/2015/03/CaryVTexasOpinion.pdf>(friend-of-the-court)
    brief in the case detailing numerous constitutional problems with
    the state’s theory.

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Posted inbribery <http://electionlawblog.org/?cat=54>,campaign finance 
<http://electionlawblog.org/?cat=10>


    “Constitution Check: Is the Supreme Court promoting race bias in
    election districting?” <http://electionlawblog.org/?p=71309>

Posted onMarch 26, 2015 9:03 am 
<http://electionlawblog.org/?p=71309>byRick Hasen 
<http://electionlawblog.org/?author=3>

Lyle Denniston 
<http://blog.constitutioncenter.org/2015/03/constitution-check-is-the-supreme-court-promoting-race-bias-in-election-districting/>on 
Justice Thomas’s dissent in yesterday’s Supreme Court Alabama 
redistricting decision.

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0AVRAA%20%2866%29%0A>
Posted inPlutocrats United 
<http://electionlawblog.org/?cat=104>,redistricting 
<http://electionlawblog.org/?cat=6>,Supreme Court 
<http://electionlawblog.org/?cat=29>,Voting Rights Act 
<http://electionlawblog.org/?cat=15>


    “Oregon Prepares to Register Every Possible Voter”
    <http://electionlawblog.org/?p=71307>

Posted onMarch 26, 2015 9:00 am 
<http://electionlawblog.org/?p=71307>byRick Hasen 
<http://electionlawblog.org/?author=3>

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

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


    Fred Woocher Says A Court Could Well Kill the Shoots the Gays
    Initiative <http://electionlawblog.org/?p=71305>

Posted onMarch 26, 2015 8:55 am 
<http://electionlawblog.org/?p=71305>byRick Hasen 
<http://electionlawblog.org/?author=3>

In this post, <http://electionlawblog.org/?p=71287>I said I’d bet a 
court would order CA AG Kamala Harris to prepare a title and summary for 
the odious “shoot the gays” initiative. I base this on CA court cases 
refusing to engage in pre-election review of substantive constitutional 
standards. Not so fast says CA super-election lawyer Fred Woocher (in a 
post on the election law listserv, reprinted with permission here):

    I’ll take that bet, Rick.  There is precedent in California at the
    local initiative level relieving city attorneys of the obligation to
    prepare a title and summary for a blatantly unconstitutional or
    invalid initiative proposal.  The same theory should apply to the
    AG’s office for a statewide initiative.  See, e.g.,/Widders v.
    Furchtenicht/(2008) 167 Cal.App.4th 769;/Jahr v. Casebeer/(1999) 70
    Cal.App.4th 1250.  And even in/Schmitz v. Younger/(1978) 21 Cal.3d
    90, in which the California Supreme Court held that the AG could not
    unilaterally refuse to issue a title and summary for a statewide
    initiative based on his belief that it violated the single subject
    rule, the Court stated:  “This does not mean that the Attorney
    General may not challenge the validity of the proposed measure by
    timely and appropriate legal action. We hold only that without prior
    judicial authorization he may not delay or impede the initiative
    process while claims of the measure’s invalidity are determined.” 
    (/Id./at p. 93.)

    I don’t think any court is going to want to be responsible for
    ordering the AG to clear this initiative for circulation.

Fred could well be right, and I’ve learned long ago not to bet against 
Fred’s anallysis.  It will be interesting to watch.

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Posted indirect democracy <http://electionlawblog.org/?cat=62>

-- 
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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