[EL] Ohio election glitches/more news
Rick Hasen
rhasen at law.uci.edu
Tue Nov 3 16:46:31 PST 2015
Glad Ohio Election Glitches are Tonight and Not in 2016!
<http://electionlawblog.org/?p=77250>
Posted onNovember 3, 2015 4:44 pm
<http://electionlawblog.org/?p=77250>byRick Hasen
<http://electionlawblog.org/?author=3>
This
<http://www.cleveland.com/open/index.ssf/2015/11/hamilton_county_polls_to_stay.html#incart_maj-story-2>would
be an explosive story if the presidency were on the line:
Hamilton County polling places will have to stay open until 9 p.m
after supporters of Ohio’s marijuana legalization measure filed a
lawsuit late Tuesday to extend voting hours because of several
voting problems reported there.
ResponsibleOhio
<http://topics.cleveland.com/tag/responsibleohio/posts.html>, the
political action committee backing stateIssue 3
<http://topics.cleveland.com/tag/ohio-issue-3-2015/posts.html>,
filed an injunction in the Hamilton County Court of Common Pleas.
Former state Sen. Eric Kearney, as a consultant for ResponsibleOhio,
argued to keep the polls later before Judge Robert P. Ruehlman, who
granted the extension.
Polling places were scheduled to close at 7:30 p.m. statewide. State
law requires poll workers to let any voter in line at closing time
to cast a ballot.
Ohio Secretary of State Jon Husted directed all county boards of
election to embargo results until 9 p.m.
Among the issues reported at Hamilton County polling places:
* Polling places had problems using new electronic poll books,
which created long lines and may have caused voters to leave
without casting a ballot.
* Polling places did not have or did not use backup paper poll
books when problems arose with electronic pollbooks.
* Poll workers did not have provisional ballots on hand or failed
to provide provisional ballots to qualified voters.
There is now anembargo on election returns
<https://twitter.com/chrisgeidner/status/661702512811053057>throughout
Ohio until polls close at 9 pm.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Bush, Clinton benefit from lobbying gray area; Influence industry
plays key role in raising funds for the campaigns”
<http://electionlawblog.org/?p=77248>
Posted onNovember 3, 2015 3:52 pm
<http://electionlawblog.org/?p=77248>byRick Hasen
<http://electionlawblog.org/?author=3>
Politico
<http://www.politico.com/story/2015/10/jeb-bush-hillary-clinton-lobbying-fundraising-215380#ixzz3qSOudhYn>:
The influence industry is playing a larger role than meets the eye
in raising money for Hillary Clinton and Jeb Bush.
Campaigns are required to file reports detailing registered
lobbyists who round up donations, but that number is only a small
slice of the fundraisers who work in some
A quarter of the “Hillblazers” who bundled $100,000 or more for
Clinton work at lobbying firms or public affairs agencies lobby at
the state level or otherwise make their living from influencing the
government on behalf of special interests, even though they aren’t
themselves registered to lobby Congress. For Bush, 58 of the 342
people who raised at least $17,600 are advocates and operatives
linked to the influence industry, although they aren’t reported as
federal lobbyists.
The reliance on these power brokers — to an extent not fully
revealed in Federal Election Commission filings alone — shows how
much both candidates are drawing on family and party networks forged
over decades in politics to bankroll their presidential bids. It
also illustrates the weaknesses in the rules meant to subject
lobbyists to more public scrutiny.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>,lobbying
<http://electionlawblog.org/?cat=28>
Did Kansas SOS Kobach Attend a Racist Meeting Last Week?
<http://electionlawblog.org/?p=77246>
Posted onNovember 3, 2015 3:48 pm
<http://electionlawblog.org/?p=77246>byRick Hasen
<http://electionlawblog.org/?author=3>
Southern Poverty Law Center,What’s the Matter with Kansas’s Kris Kobach?
<https://www.splcenter.org/hatewatch/2015/11/02/what%E2%80%99s-matter-kansas%E2%80%99-kris-kobach>:
On Oct. 25, Kansas Secretary of State Kris Kobach was a featured
speaker at a “writers’ workshop” put on by the white nationalist The
Social Contract Press (TSCP), according to areport
<http://imagine2050.newcomm.org/2015/10/30/kobach-heads-to-dc-for-white-nationalist-social-contracts-writers-workshop/>from
the Center for New Community. For an elected official, this is a
problem.
The Social Contract Press
<https://www.splcenter.org/fighting-hate/extremist-files/group/social-contract-press>is
a Michigan-based publishing house that routinely puts out
race-baiting articles penned by well known white nationalists. The
press is a program of U.S., Inc., the foundation created byJohn
Tanton
<https://www.splcenter.org/fighting-hate/extremist-files/individual/john-tanton>,
the racist founder and principal ideologue of the modern nativist
movement and TSCP’s publisher. Tanton has assiduously cultivated
relationships with Holocaust deniers, eugenicists and various other
extremists over the years. And he’s clear about his racism: “I’ve
come to the point of view that for European-American society and
culture to persist requires a European-American majority, and a
clear one at that.”
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Posted inchicanery <http://electionlawblog.org/?cat=12>
L.A. County Voting Systems Assessment Project (VSAP)
<http://electionlawblog.org/?p=77244>
Posted onNovember 3, 2015 3:35 pm
<http://electionlawblog.org/?p=77244>byRick Hasen
<http://electionlawblog.org/?author=3>
I have now joined theAdvisory
Committee<https://www.lavote.net/vsap/advisory-committees-project-team#>of
the Los Angeles CountyVoting Systems Assessment Project
<https://www.lavote.net/vsap/about>, which is designing and implementing
a new voting system for Los Angeles County, the largest voting
jurisdiction in the United States. I’m looking forward to working with
LA County Registrar/Recorder Dean Logan and the VSAP teams.
Here’s a newBloomberg Business
video<http://www.bloomberg.com/news/videos/2015-11-03/democracy-for-everyone-designing-a-better-voting-machine>about
the work of the VSAP.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,voting technology
<http://electionlawblog.org/?cat=40>,VSAP
<http://electionlawblog.org/?cat=122>
“Small Donors Are Clicking More With Democrats Than Republicans”
<http://electionlawblog.org/?p=77242>
Posted onNovember 3, 2015 10:12 am
<http://electionlawblog.org/?p=77242>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT:
<http://www.nytimes.com/2015/11/04/us/politics/small-donors-are-clicking-more-with-democrats-than-republicans.html?smid=tw-share>
The differing approaches between Mr. Sanders and Mr. Carson reflect
a wider divide between the two parties. The Democrats, largely
through ActBlue and the digital efforts of individual campaigns,
have gained a cultural and technological edge in developing a
low-cost, quick and seamless online operation — an advantage
Republicans admit they largely have been unable to match.
The one exception, at least of late, appears to be Senator Ted Cruz,
who raised about half of his total of $12.2 million in the third
quarter from donations of $200 or less, most of it — about $4.2
million — through digital platforms. Mr. Cruz has been one of the
most successful on the Republican side in building a broad
fund-raising base, by bringing in big donations for groups
supporting him from a few wealthy individuals while also tapping
into grass-roots support networks like Tea Party conservatives and
evangelicals.
Other Republicans have struggled to keep up with the Democrats in
attracting smaller donors in bulk. Jeb Bush, for instance, managed
just $1.4 million in donations of $200 or less — a nickel for every
dollar he has raised over all.
This election cycle is something of a departure for Republicans, who
were once the party of the small-dollar donor. President George W.
Bush built his victories in 2000 and 2004 around small-dollar donors
his campaign reached through direct mail. In his first election
victory, Republican officials bragged of his support from more than
600,000 donors contributing an average of about only $100 each, far
outpacing the Democrats.
But the roles are now reversed, with the Democrats — and Mr. Sanders
in particular — capitalizing not only on digital technology, but
also on voter demographics and cultural quirks.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Congressional Democrats Launch a New Strategy to Restore the Voting
Rights Act” <http://electionlawblog.org/?p=77240>
Posted onNovember 3, 2015 9:30 am
<http://electionlawblog.org/?p=77240>byRick Hasen
<http://electionlawblog.org/?author=3>
Ari Berman writes.
<http://www.thenation.com/article/congressional-democrats-launch-a-new-strategy-to-restore-the-voting-rights-act/>
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>,VRAA
<http://electionlawblog.org/?cat=81>
“Money in Politics: A Bipartisan Discussion”
<http://electionlawblog.org/?p=77238>
Posted onNovember 3, 2015 9:30 am
<http://electionlawblog.org/?p=77238>byRick Hasen
<http://electionlawblog.org/?author=3>
This
event<http://bsos.umd.edu/academics-research/money-politics-bipartisan>will
take place on Nov. 12 at the University of Maryland.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“How Democrats Suppress The Vote: Off-year elections have much lower
turnout, and Democrats prefer it that way”
<http://electionlawblog.org/?p=77236>
Posted onNovember 3, 2015 8:10 am
<http://electionlawblog.org/?p=77236>byRick Hasen
<http://electionlawblog.org/?author=3>
Eitan Hersh
<http://fivethirtyeight.com/features/how-democrats-suppress-the-vote/>pens
a provocative piece at 538:
In the ongoing fight between Democrats and Republicans over election
procedures like voter ID and early voting, the Democrats are
supposedly thechampions
<https://www.washingtonpost.com/politics/hillary-clinton-calls-for-sweeping-expansion-of-voter-registration/2015/06/04/691f210c-0adb-11e5-9e39-0db921c47b93_story.html>of
higher turnout and reducing barriers to participation. But when it
comes to scheduling off-cycle elections^1
<http://fivethirtyeight.com/features/how-democrats-suppress-the-vote/#fn-1>like
those taking place today, the Democratic Party is the champion of
voter suppression.
Indeed, few people will vote today. Many elections are taking place,
but almost all are for local offices. School boards, for example,
areup for election
<http://ballotpedia.org/School_board_elections,_2015>in Houston;
Fairfax County, Virginia; Charlotte, North Carolina and in hundreds
of other communities that oversee the education of millions of
schoolchildren. But only a small number of highly engaged voters
will participate in the elections for these offices.
Scheduling elections at odd times appears to be a deliberate
strategy aimed at keeping turnout low, which gives more influence to
groups like teachers unions that have a direct stake in the
election’s outcome. But before getting into the details of off-cycle
elections, consider the parties’ basic positions on issues of voter
participation. As election law expert Rick Hasenhas
<https://electionlawblog.org/?p=43289>noted
<http://www.slate.com/articles/news_and_politics/politics/2014/02/the_new_conservative_assault_on_early_voting_more_republicans_fewer_voters.html>,
there is a philosophical divide between the parties. Supposedly, for
Republicans, small barriers to participation can help the
functioning of a democracy. For instance, in recent years,
Republicanshave been pushing
<http://www.ncsl.org/research/elections-and-campaigns/voter-id.aspx>a requirement
that voters present identification when they show up to cast a
ballot. They argue that voter ID laws can prevent fraud and foster
confidence in the electoral system. But they also argue that if an
ID requirement deters people who aren’t particularly well-informed
or invested in the political process, this might be a net benefit
for the electoral system.
The Democratic philosophy is different. For Democrats, universal
participation is a value: All voices ought to be represented in the
electoral sphere, so the government should not put up any
unnecessary barriers to participation.
Debates over issues like voter ID are politically explosive because
each side suspects the other of having a strategic motive, not a
philosophical one, for its position. Maybe Republicans want lower
turnout not because it yields an informed electorate, butbecause it
favors their side
<http://www.pbs.org/wgbh/pages/frontline/government-elections-politics/why-voter-id-laws-arent-really-about-fraud/>.
Maybe Democrats promote higher turnout not because of an ideological
commitment to civic engagement, but because higher turnout helps
elect Democrats (though there issubstantial disagreement
<https://www.washingtonpost.com/blogs/monkey-cage/wp/2015/03/25/even-more-on-the-potential-impact-of-mandatory-voting/>on
whether that is true).
Nowhere are the strategic motivations — and the hypocritical
rhetoric — of both parties more apparent than in the timing of
elections.
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Posted invoting <http://electionlawblog.org/?cat=31>
“Anthony Kennedy’s Citizens United Disclosure Salve ‘Not Working'”
<http://electionlawblog.org/?p=77234>
Posted onNovember 3, 2015 8:08 am
<http://electionlawblog.org/?p=77234>byRick Hasen
<http://electionlawblog.org/?author=3>
Paul Blumenthal
<http://www.huffingtonpost.com/entry/citizens-united-anthony-kennedy_5637c481e4b0631799134b92>for
HuffPo.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
“Kentucky Law Journal Symposium to Focus on Election Law”
<http://electionlawblog.org/?p=77232>
Posted onNovember 3, 2015 8:06 am
<http://electionlawblog.org/?p=77232>byRick Hasen
<http://electionlawblog.org/?author=3>
A great event at Kentucky
<http://www.uky.edu/electionlaw/analysis/kentucky-law-journal-symposium-focus-election-law>(which
I will have to miss because of the upcoming Plutocrats United book tour):
The Kentucky Law Journal is proud to announce that this year’s
*Symposium*
<http://www.kentuckylawjournal.org/index.php/symposium/> will cover
Election Law. As Kentucky and our nation are in the midst of various
elections, this symposium will be particularly interesting. The
Kentucky Law Journal has brought together academic leaders in the
field of Election Law, as well as local practitioners in order to
discuss the important issues in this field. These special guest
speakers include:
Edward Foley, Professor of Law | The Ohio State University
Dan Tokaji, Professor of Law | The Ohio State University
Michael Gilbert, Professor of Law | University of Virginia
Franita Tolson, Professor of Law | Florida State University
Michael Pitts, Professor of Law | Indiana University-Purdue
University Indianapolis
Ellen Katz, Professor of Law | University of Michigan
Jocelyn Benson, Professor of Law | Wayne State University
Michael Solimine, Professor of Law | University of Cincinnati
Luis Fuentes-Rohwer, Professor of Law | Indiana University
Atiba Ellis, Professor of Law | West Virginia University
Mark Summers, Professor of History | University of Kentucky
Tracy Campbell, Professor of History | University of Kentucky
Eric Lycan, Dinsmore & Shohl, LLP, Lexington, KY
Scott White, Morgan & Pottinger Attorneys, Lexington, KY
Jennifer Moore, Grossman & Moore, PLLC, Louisville, KY
The Honorable Trey Grayson, Former Kentucky Secretary of State
The Symposium will consist of four panels with four speakers in each
panel. The Election Law Symposium will be held January 22^nd , 2016
at the College of Law in Lexington, Kentucky. Please stay tuned for
updates on this exciting event over the coming months. We look
forward to seeing you in January!
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
--
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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