[EL] ELB News and Commentary 11/13/15
Rick Hasen
rhasen at law.uci.edu
Fri Nov 13 08:26:57 PST 2015
“State of Alabama Signs MOU with DOJ on Motor Voter Compliance”
<http://electionlawblog.org/?p=77532>
Posted onNovember 13, 2015 8:25 am
<http://electionlawblog.org/?p=77532>byRick Hasen
<http://electionlawblog.org/?author=3>
Release:
<http://governor.alabama.gov/newsroom/2015/11/state-alabama-signs-mou-doj-motor-voter-compliance/>
Governor Robert Bentley on Friday announced that the state of
Alabama has signed a Memorandum of Understanding (MOU) with the
United States Department of Justice (DOJ) concerning compliance with
the Motor Voter provision of the National Voter Registration Act of
1993.
In the spring, the state initiated efforts to integrate voter
registration into the electronic driver’s license system. The
Alabama Law Enforcement Agency (ALEA) will modify its electronic
driver’s license system, which is used for in-person license
transactions at ALEA offices as well as at the license offices of
Judges of Probate, License Commissioners, and Revenue
Commissioners. ALEA will also modify its new online system that
allows citizens to renew their licenses or get duplicate licenses.
The Secretary of State will adjust Alabama’s statewide electronic
voter registration system to be able to electronically receive the
voter registration data from ALEA.
On September 8, 2015, the DOJ notified the state of Alabama that it
had authorized a lawsuit for noncompliance with the Motor Voter
provision. The MOU signed Friday commits the state to undertake a
series of actions to resolve DOJ’s concerns, avoid a lawsuit and
bring the state into compliance.
Governor Bentley praised ALEA Secretary Spencer Collier and
Secretary of State John Merrill for their efforts in reaching this
agreement to bring the state into compliance. He also thanked the
DOJ for working with the state on an out-of-court solution.
“Voting rights are important to every citizen, and it is imperative
that every Alabamian have the ability to vote,” Governor Robert
Bentley said. “In signing the comprehensive and realistic agreement
announced today, we have avoided spending time and money on
litigation, allowing state resources to instead be directed to
making it easier for Alabama citizens to register to vote. I commend
Secretary Collier, Secretary Merrill and representatives from the
Department of Justice who worked through this issue and created a
sensible solution.”
“The Secretary of State’s Office is excited about the opportunity to
enter into a Memorandum of Understanding with all parties involved,”
Secretary of State John Merrill said. “This agreement will lead
towards full compliance of the National Voter Registration Act to
help ensure each eligible Alabamian has an opportunity to register
to vote as well as exercise that right to vote in the electoral
process for the candidate of their choice. All parties have worked
together in a cooperative manner to see that the state of Alabama
complies with the NVRA, and our office will do all it can to allow
citizens every access possible to voter registration.”
“Voting is a fundamental right and we want all eligible Alabamians
to have the ability to vote,” Alabama Law Enforcement Agency
Secretary Spencer Collier said. “Upon the full implementation of
ALEA on Jan. 1, 2015, ALEA began the process of reviewing all former
policies and procedures of legacy agencies consolidated into ALEA.
As a result of this review, it was discovered that the former
Department of Public Safety, had issues similar to other states as
it relates to the NVRA. Immediately ALEA initiated discussions with
the Secretary of State’s (SOS) Office and in April formulated a plan
to better integrate the ability for citizens to register to vote
when performing certain driver license functions. We appreciate
Governor Bentley’s leadership and the cooperation of the DOJ and the
Attorney General’s Office in implementing our plan with the SOS.”
The state is also implementing a paper-based solution to be in place
in the short term, until the electronic solution is complete next
summer. Additionally, the state has agreed to adopt a change of
address form for driver’s license purposes, and has agreed to
certain requirements concerning training, reporting, public
education, and consulting with the DOJ.
A full copy of Friday’s MOU can be foundhere
<http://governor.alabama.gov/assets/2015/11/NVRA-MOU.pdf>.
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Posted inNVRA (motor voter) <http://electionlawblog.org/?cat=33>,voting
<http://electionlawblog.org/?cat=31>
Senate Rules Entangle Bid to Repeal Health Care Law”
<http://electionlawblog.org/?p=77530>
Posted onNovember 13, 2015 8:23 am
<http://electionlawblog.org/?p=77530>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT:
<http://www.nytimes.com/2015/11/13/us/senate-rules-entangle-bid-to-repeal-health-care-law.html>
In the Senate, Republicans are determined to dismantle or defund the
law using a fast-track procedure that requires a simple majority
vote, rather than the 60 votes needed for most hotly contested measures.
But the Senate parliamentarian, Elizabeth MacDonough, ruled this
week that some provisions of the House-passed bill were not eligible
for expedited procedures, aides to Senate leaders of both parties
said Thursday. Democrats said the ruling meant that Republicans
would need a supermajority of 60 votes, which they do not have, to
repeal the individual and employer mandates.
The office of the Democratic leader, Senator Harry Reid of Nevada,
issued a statement on Thursday saying, “The parliamentarian has
ruled that Obamacare cannot be repealed through reconciliation.”
“Any fix that repeals the individual or employer mandates will
require 60 votes and therefore will not pass,” the statement added.
However, Republicans said that Mr. Reid had misrepresented the
parliamentarian’s ruling, the text of which has not been made
public. They said that if some provisions of the bill were changed,
the Senate could still take up the bill by a simple majority vote
and consider it using fast-track procedures.
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Posted inlegislation and legislatures
<http://electionlawblog.org/?cat=27>,political parties
<http://electionlawblog.org/?cat=25>,political polarization
<http://electionlawblog.org/?cat=68>
“In Obama Era, G.O.P. Bolsters Grip in the States”
<http://electionlawblog.org/?p=77528>
Posted onNovember 13, 2015 8:16 am
<http://electionlawblog.org/?p=77528>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT:
<http://www.nytimes.com/2015/11/13/us/politics/obama-legacy-in-state-offices-a-shrinking-democratic-share.html?ref=politics&_r=0>
While Mr. Obama’s 2008 election helped usher in a political
resurgence for Democrats, the president today presides over a
shrinking party whose control of elected offices at the state and
local levels has declined precipitously. In January, Republicans
will occupy 32 of the nation’s governorships, 10 more than they did
in 2009. Democratic losses in state legislatures under Mr. Obama
rank among the worst in the last 115 years, with 816 Democratic
lawmakers losing their jobs and Republican control of legislatures
doubling since the president took office — more seats lost than
under any president since Dwight D. Eisenhower.
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“No tweeting what you actually think about Clinton or Carson if
you’re on the clock: new limits on feds”
<http://electionlawblog.org/?p=77526>
Posted onNovember 13, 2015 8:12 am
<http://electionlawblog.org/?p=77526>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo
<https://www.washingtonpost.com/news/federal-eye/wp/2015/11/13/no-tweeting-what-you-actually-think-about-clinton-or-carson-if-youre-on-the-clock-new-limits-on-feds/>:
If you work for the federal government, your Twitter or Facebook
profile can show a photo of you hugging Ben Carson or Hillary
Clinton. But you can’t share, tweet, ”like,” friend, follow, comment
on or retweet anything your candidate says or does when you’re on
the clock.
If your job is in intelligence or law enforcement, you can ”like” or
comment on a tweet from a candidate when you’re not working — but
you can’t share or retweet it even when you’re off duty.
And if you’re on a coffee or lunch break at the office, you must
walk out of your building to post anything on social media that
would be considered partisan, even from your personal smart phone or
laptop. Even from the bathroom or cafeteria.
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Posted incampaigns <http://electionlawblog.org/?cat=59>,social media and
social protests <http://electionlawblog.org/?cat=58>
NM State Legislator Admits to Voting Before Becoming a Citizen
<http://electionlawblog.org/?p=77524>
Posted onNovember 13, 2015 8:10 am
<http://electionlawblog.org/?p=77524>byRick Hasen
<http://electionlawblog.org/?author=3>
Woah
<http://www.santafenewmexican.com/news/local_news/da-reviews-newly-minted-legislator-s-admission-of-voter-fraud/article_220d67ab-60c9-5fb7-b14c-54c598ee0900.html>.
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Posted inchicanery <http://electionlawblog.org/?cat=12>,voting
<http://electionlawblog.org/?cat=31>
“Big Obama Donors Stay on Sidelines in 2016 Race”
<http://electionlawblog.org/?p=77522>
Posted onNovember 13, 2015 8:07 am
<http://electionlawblog.org/?p=77522>byRick Hasen
<http://electionlawblog.org/?author=3>
WSJ reports.
<http://www.wsj.com/articles/big-obama-donors-stay-on-sidelines-in-2016-race-1447375429>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Lobbying at the Water’s Edge: The Corporate Foreign Policy Lobby”
<http://electionlawblog.org/?p=77520>
Posted onNovember 13, 2015 8:01 am
<http://electionlawblog.org/?p=77520>byRick Hasen
<http://electionlawblog.org/?author=3>
Emilie Hafner-Burton, Thad Kousser, and David Victor have postedthis
draft <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2685387>on
SSRN. Here is the abstract:
Each year, groups ranging from multinationals to non-profits spend
hundreds of millions of dollars lobbying America’s federal
government on foreign policy. This massive flow of private dollars
raises concerns about the health of political pluralism in the realm
of America’s international relations. Using an original dataset that
combines tens of thousands of Lobbying Disclosure Act filings from
2007 to 2011, information on the content of proposed legislation,
and financial data on all publically listed firms in the U.S., we
argue that corporate interests dominate the foreign policy lobby;
that there are inequalities among firms in lobbying investment that
parallel market advantages; and that the firms that lobby are not
representative of the median voter. Rather than providing
counteractive lobbying that represents the broad range of American
opinion, the multitude of voices that lobby major foreign policy
bills affecting America’s stance in the world are likely compounding
the bias towards large corporations that on average advocate
center-right positions.
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Posted inlobbying <http://electionlawblog.org/?cat=28>
FEC Chair Ann Ravel Compares Commission’s Effectiveness to Men’s
Nipples <http://electionlawblog.org/?p=77518>
Posted onNovember 13, 2015 7:54 am
<http://electionlawblog.org/?p=77518>byRick Hasen
<http://electionlawblog.org/?author=3>
The Daily Show.
<http://talkingpointsmemo.com/livewire/daily-show-federal-election-commission-chair-enormously-dysfunctional-male-nipples>
I believe I saw the back of Marc Elias’s head make a cameo in the segment.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
“Should 16- and 17-Year-Olds Be Allowed to Vote?”
<http://electionlawblog.org/?p=77516>
Posted onNovember 13, 2015 7:52 am
<http://electionlawblog.org/?p=77516>byRick Hasen
<http://electionlawblog.org/?author=3>
Josh Douglas blogs.
<http://prawfsblawg.blogs.com/prawfsblawg/2015/11/should-16-and-17-year-olds-be-allowed-to-vote.html>
See also D.C.’s 16- and 17-year-olds are eager to vote for president.
But should they?
<https://www.washingtonpost.com/local/dcs-16--and-17-year-olds-are-eager-to-vote-for-president-but-should-they/2015/11/13/83471cf8-831f-11e5-a7ca-6ab6ec20f839_story.html>
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Posted invoting <http://electionlawblog.org/?cat=31>
Read the Complaint in the New Alaska Campaign Finance Challenge
<http://electionlawblog.org/?p=77514>
Posted onNovember 12, 2015 6:05 pm
<http://electionlawblog.org/?p=77514>byRick Hasen
<http://electionlawblog.org/?author=3>
Read it here. <https://www.scribd.com/doc/289523334/Thompson-v-Dauphinais>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Podcast: The meaning of ‘one person, one vote’”
<http://electionlawblog.org/?p=77512>
Posted onNovember 12, 2015 5:59 pm
<http://electionlawblog.org/?p=77512>byRick Hasen
<http://electionlawblog.org/?author=3>
Constitution Daily
<http://blog.constitutioncenter.org/2015/11/podcast-the-meaning-of-one-person-one-vote/>:
On December 8, the Supreme Court will hear oral arguments in/Evenwel
v. Abbott/, one of the most important cases of the term that could
have huge implications for U.S. politics.
In 2013, the Texas state legislature drew up district maps in order
to fill 31 seats in the state senate, as required by the Texas
constitution. To do so, the legislature started with the total
population and divided by 31, seeking to equalize the number of
people across the districts.
But two registered and active voters, Sue Evenwel and Edward
Pfenninger, challenged the redistricting plan. They argued that they
were underrepresented because the state looked only at total
population. Had legislators used the total number of registered
voters, they said, the state would be much closer to meeting the
Supreme Court’s “one person, one vote” requirement.
Rick Hasen <http://www.law.uci.edu/faculty/full-time/hasen/>is the
Chancellor’s Professor of Law and Political Science at the
University of California, Irvine School of Law. He is an expert in
election and campaign finance law, and the author of the
authoritative Election Law Blog <http://electionlawblog.org/>.
Ilya Shapiro <http://www.cato.org/people/ilya-shapiro> is a senior
fellow in constitutional studies at the Cato Institute in Washington
and editor-in-chief of the /Cato Supreme Court Review/. He is also a
member of the Center’sCoalition of Freedom Advisory Board
<http://constitutioncenter.org/experience/freedom-day-celebration/coalition-of-freedom/>.
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Group files federal lawsuit challenging Alaska campaign
contribution limits” <http://electionlawblog.org/?p=77510>
Posted onNovember 12, 2015 9:09 am
<http://electionlawblog.org/?p=77510>byRick Hasen
<http://electionlawblog.org/?author=3>
KTUU
<http://www.ktuu.com/news/news/group-files-federal-lawsuit-challenging-alaska-campaign-contribution-limits/36393732>:
The constitutionality of limits on Alaska campaign contributions is
challenged in a new federal lawsuit filed on Wednesday.
Three individuals and the local chapter of the Alaska Republican
Party filed the lawsuit against the executive director and board of
the Alaska Public Offices Commission, which enforces state political
financing laws.
The suit alleges that four aspects of campaign laws violate the U.S
Constitution: a $500 limit on individual contributions to a
candidate, a $500 limit on individual contributions to a group, the
$3,000 limit on out-of-state contributions, and limits on political
party contributions.
Kevin Clarkson, an attorney representing the group, said he plans to
file an injunction that would halt some contribution limits until
the issue is settled.
Anyone have the complaint?
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“The Dog Ate My Vote: How Congress Explains Its Absences”
<http://electionlawblog.org/?p=77508>
Posted onNovember 12, 2015 9:05 am
<http://electionlawblog.org/?p=77508>byRick Hasen
<http://electionlawblog.org/?author=3>
ProPublica
<http://www.propublica.org/article/the-dog-ate-my-vote-how-congress-explains-its-absences?utm_campaign=comms&utm_source=comms-pitch&utm_medium=email&utm_term=congress>:
ProPublica has collected all of the Personal Explanations filed
since 2007 — some 5,058 in all, covering 21,176 votes — andcreated a
database <https://projects.propublica.org/explanations/>that lets
readers look up their representatives’ missed votes, as well as
their explanations. These statements are by no means required — only
one in six absences are explained — but they document a
little-discussed aspect of the lives and work of lawmakers, and
provide hints at the competing priorities and difficulties of a
system that, to many, seems chronically dysfunctional.
The reasons lawmakers cite most for missing votes range from the
mundane (travel delays, often due to weather, or remaining in their
districts for job fairs) to more personal (the birth of a child or a
graduation ceremony or illness). Lawmakers have missed more than
2,000 votes for medical reasons, and thousands more for personal and
family reasons.
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Posted inlegislation and legislatures <http://electionlawblog.org/?cat=27>
--
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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