[EL] ELB News and Commentary 10/30/15
Rick Hasen
hasenr at gmail.com
Fri Oct 30 07:29:06 PDT 2015
(Note: My UCI Law email is down. I can be reached at this address in the
meantime.)
“Ted Cruz ‘Super PAC’ Deploys Email Subject Line in Effort to Reach
New Donors” <http://electionlawblog.org/?p=77153>
Posted onOctober 30, 2015 7:21 am
<http://electionlawblog.org/?p=77153>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT on Super PAC email marketing
<http://www.nytimes.com/politics/first-draft/2015/10/30/ted-cruz-super-pac-deploys-email-subject-line-in-effort-to-reach-new-donors/?ref=politics&_r=0>given
FEC restrictions on a Super PAC using a candidate’s name.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Ohio BCI is investigating what appears to be 25 to 30 fraudulent
voter registration applications” <http://electionlawblog.org/?p=77151>
Posted onOctober 30, 2015 7:19 am
<http://electionlawblog.org/?p=77151>byRick Hasen
<http://electionlawblog.org/?author=3>
Vindy.com:
<http://www.vindy.com/news/2015/oct/27/voter-registration-applications-ohio-bci/>
A state criminal agency is investigating what appears to be 25 to 30
fraudulent voter-registration applications, including from five dead
people, filed with the Columbiana County Board of Elections by the
Ohio Organizing Collaborative….
It was clearly fraudulent and forged when you have five people who
died 10 years ago,” Booth said. “The forms were riddled with errors
and all tied to this group. You can tell the same person filled out
some of the same forms and forged signatures. There are wrong dates
of births and wrong addresses on others. It became a pattern.”
There also were two registration forms from the same person, but the
signatures were completely different, he said….
In a prepared statement, Laurie Couch, spokeswoman for the
Youngstown-based OOC, wrote: “Unfortunately, it has come to our
attention that a number of voter registration cards filed in
Columbiana County appear to have been fabricated. The individuals
responsible are no longer employed by the OOC and their supervisor
has been placed on administrative leave pending an investigation. We
are conducting a thorough internal investigation into the incident
and working closely with the Columbiana County Sheriff’s Office and
the board of elections to fully support their investigation. In
fewer than 24 hours, we have provided every piece of documentation
requested by the sheriff’s office.”
Free Beacon weaklytries to blame
<http://freebeacon.com/politics/group-represented-by-top-clinton-lawyer-investigated-for-voter-fraud/>Marc
Elias.
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Posted inchicanery <http://electionlawblog.org/?cat=12>,election
administration <http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter registration
<http://electionlawblog.org/?cat=37>
“Ventura man sentenced for fraud after voting twice in election”
<http://electionlawblog.org/?p=77149>
Posted onOctober 30, 2015 7:11 am
<http://electionlawblog.org/?p=77149>byRick Hasen
<http://electionlawblog.org/?author=3>
Ventura County Star
<http://www.vcstar.com/news/local-news/ventura/ventura-man-convicted-of-fraud-after-voting-twice-in-election_07556435>:
The man voted by absentee ballot in the Nov. 4 general election,
then voted a second time by turning in an absentee ballot under the
name of his recently deceased father-in-law, according to the
Ventura County District Attorney’s Office.
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Posted inabsentee ballots <http://electionlawblog.org/?cat=53>,chicanery
<http://electionlawblog.org/?cat=12>
“Encouraging Local Compliance with Federal Civil Rights Laws: Field
Experiments with the National Voter Registration Act”
<http://electionlawblog.org/?p=77147>
Posted onOctober 29, 2015 7:51 pm
<http://electionlawblog.org/?p=77147>byRick Hasen
<http://electionlawblog.org/?author=3>
Doug Hess, Michael Hanmer, and David Nickerson have writtenthis article
<http://onlinelibrary.wiley.com/doi/10.1111/puar.12473/abstract>for/Public
Administration Review/. Here is the abstract:
C/an state officials increase local officials’ compliance with an
important federal civil rights law with subtle interventions? The
National Voter Registration Act of 1993 (NVRA) requires voter
registration services at certain government agencies, but many
counties fail to comply with the act. Working with officials in two
states, the authors conducted field experiments to determine whether
two methods commonly used by state officials increase compliance
with the NVRA. Findings show that although the effects of the
methods on output were sizable relative to recent performance,
agency performance remained poor overall, with many offices
continuing their history of registering no voters. The authors also
discovered that gains in performance were largest for the offices
that had performed best in the past. These findings suggest that
while subtle interventions by state officials can produce increased
compliance, stronger tactics may be needed to secure implementation
of this federal law by local government agents/.
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Posted inNVRA (motor voter) <http://electionlawblog.org/?cat=33>
“Outside Spending by Special Interests Floods Judicial Elections at
Record Percentage, Report Finds” <http://electionlawblog.org/?p=77145>
Posted onOctober 29, 2015 7:48 pm
<http://electionlawblog.org/?p=77145>byRick Hasen
<http://electionlawblog.org/?author=3>
Release
<https://www.brennancenter.org/press-release/outside-spending-special-interests-floods-judicial-elections-record-percentage-report>:
Special-interest groups accounted for a record-high 29 percent of
total spending in state judicial races in the 2013-14 election
cycle, according to a new report by the Brennan Center for Justice
at NYU School of Law, Justice at Stake, and the National Institute
on Money in State Politics.
Offering a detailed analysis of the latest state Supreme Court
campaign trends, /Bankrolling the Bench: The New Politics of
Judicial Elections 2013-14/
<http://www.newpoliticsreport.org/> shows how special-interest
spending has impacted the composition of state courts nationwide —
and calls into question how campaign spending may affect courts’
decisions. The study finds that multi-million dollar judicial races,
once unheard of, are now common across the country. Social welfare
organizations and other outside groups are also increasingly
spending on court races, the report notes, spurred in part by the
U.S. Supreme Court’s /Citizens United/ ruling in 2010. The cycle
also saw a notable development in a highly public initiative by a
national group, the Republican State Leadership Committee, which
spent nearly $3.4 million across judicial races in five states.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,judicial
elections <http://electionlawblog.org/?cat=19>
“Groups Want Federal Health Exchange to Register Voters, Too”
<http://electionlawblog.org/?p=77141>
Posted onOctober 29, 2015 6:10 pm
<http://electionlawblog.org/?p=77141>byRick Hasen
<http://electionlawblog.org/?author=3>
Abby Goodnough for the NYT
<http://www.nytimes.com/2015/10/30/us/groups-want-federal-health-exchange-to-register-voters-too.html>:
When theAffordable Care Act
<http://www.nytimes.com/2009/12/25/health/policy/25health.html>’s
new enrollment season begins next month, people seeking health
insurance through the online federal exchange will also be offered
something they may not expect: a chance to register to vote.
ut voting rights groups say the offer — a link to a voter
registration form that they can print and mail, deep inside the
application for health coverage — does not go far enough. This week,
the groups accused the Obama administration of violating federal law
by not doing more to ensure opportunities for voter registration
through the exchange, HealthCare.gov, which serves 38 states.
In a letter to President Obama, the groups said that in contrast,
most of the 13 state-based insurance exchanges have worked to comply
with the National Voter Registration Act. The act, also known as the
“motor voter” law, requires states to offer voter registration to
people applying for a driver’s license or public assistance.
“This is an important voting rights issue that can no longer be
ignored,” wrote the groups, which include the League of Women
Voters, Project Vote and Demos, a liberal think tank.
Some voting rights experts are not certain their claim would hold up
in court. At issue is whether the federal exchange is subject to the
voter registration law because it is providing a service on behalf
of the states it operates in.
“It’s an interesting, creative argument,” said Richard L. Hasen, a
law professor at the University of California, Irvine. “I just don’t
know if the courts will buy it or not.”…
Mr. Hasen said that given the many battles the Obama administration
has fought with Republicans over the Affordable Care Act, it might
prefer letting a court decide whether the federal exchange has to
comply with the voter registration law.
“The federal exchange tends to serve more Republican states,” he
said. “This would be a way of potentially registering more
Democratic voters there. So it’s politically easier for an
administration that’s always accused of trying to expand federal
power to have a court make this decision.”
Update:Nicholas
Bagley<http://theincidentaleconomist.com/wordpress/registering-voters-through-healthcare-gov/>is
more skeptical.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,NVRA (motor voter)
<http://electionlawblog.org/?cat=33>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter registration
<http://electionlawblog.org/?cat=37>
“F.E.C. Panel Delays a Decision on Spending in ’16 Races”
<http://electionlawblog.org/?p=77139>
Posted onOctober 29, 2015 5:18 pm
<http://electionlawblog.org/?p=77139>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT
<http://www.nytimes.com/2015/10/30/us/politics/fec-panel-delays-a-decision-on-spending-in-16-races.html?ref=politics>:
TheFederal Election Commission
<http://topics.nytimes.com/top/reference/timestopics/organizations/f/federal_election_commission/index.html?inline=nyt-org>put
off a decision Thursday on just how far so-calledsuper PACs
<http://topics.nytimes.com/top/reference/timestopics/subjects/c/campaign_finance/index.html>—
a dominant force so far in the 2016 campaign — can go in raising
millions of dollars for politicians.
The inaction was not surprising for a commission often gridlocked by
partisan divisions. Still, it frustrated Democratic lawyers, who had
asked the commission last monthfor an “emergency” ruling
<http://www.nytimes.com/2015/09/15/us/politics/democrats-seek-to-expand-use-of-super-pacs.html>on
whether a dozen fund-raising tactics used bysuper PACs
<http://topics.nytimes.com/top/reference/timestopics/subjects/c/campaign_finance/index.html?inline=nyt-classifier>and
politicians should be considered legal.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
“The Price of Union; The Undefeatable South”
<http://electionlawblog.org/?p=77137>
Posted onOctober 29, 2015 5:06 pm
<http://electionlawblog.org/?p=77137>byRick Hasen
<http://electionlawblog.org/?author=3>
Nicholas Lemann writes
<http://www.newyorker.com/magazine/2015/11/02/the-price-of-union>for the
/New Yorker./
The civil-rights revolution, too, can be thought of as a bargain,
not simply a victory: the nation has become Southernized just as
much as the South has become nationalized. Political conservatism,
the traditional creed of the white South, went from being presumed
dead in 1964 to being a powerful force in national politics. During
the past half century, the country has had more Presidents from the
former Confederacy than from the former Union. Racial prejudice and
conflict have been understood as American, not Southern, problems….
Ari Berman’s “Give Us the Ballot” (Farrar, Straus & Giroux), a
history of the 1965 Voting Rights Act, makes for an excellent
extended example of the mechanisms by which race in the South
becomes race in the nation. The Voting Rights Act followed the
better-known Civil Rights Act by a year. It is properly understood
as part of a wave of legislation that represents the political
triumph of the civil-rights movement, but Berman, like most people,
finds a precipitating event in the murder, in June, 1964, in Neshoba
County, Mississippi, of three young civil-rights workers, James
Chaney, Andrew Goodman, and Michael Schwerner.
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
“The Outsized Influence of Big Money in Seattle’s Elections”
<http://electionlawblog.org/?p=77135>
Posted onOctober 29, 2015 5:01 pm
<http://electionlawblog.org/?p=77135>byRick Hasen
<http://electionlawblog.org/?author=3>
WashPIRG report.
<http://washpirg.org/reports/wap/outsized-influence-big-money-seattles-elections>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“The Facts on 10 Common Election Misperception”
<http://electionlawblog.org/?p=77133>
Posted onOctober 29, 2015 4:58 pm
<http://electionlawblog.org/?p=77133>byRick Hasen
<http://electionlawblog.org/?author=3>
That’s the lead story in this month’s issue of NSCL’sThe Canvass.
<http://www.ncsl.org/research/elections-and-campaigns/states-and-election-reform-the-canvass-october-2015.aspx>
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Plenty to watch during ‘off-year’ election U.S. Postal Service may
play biggest role in 2015” <http://electionlawblog.org/?p=77130>
Posted onOctober 29, 2015 12:46 pm
<http://electionlawblog.org/?p=77130>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>
Texas Lt. Governor Sees No Need to Make Voting Easier
<http://electionlawblog.org/?p=77128>
Posted onOctober 29, 2015 12:45 pm
<http://electionlawblog.org/?p=77128>byRick Hasen
<http://electionlawblog.org/?author=3>
Texas Tribune
<https://www.texastribune.org/2015/10/16/patrick-makes-spirited-pitch-conservative-governme/>:
•*Voter turnout — *Patrick said the state doesn’t need to make it
easier to vote. He said voters should be informed and study the
issues. “If people don’t show up and vote, they’re either happy or
they don’t care,” he said.
(ViaBurnt Orange Report
<http://www.burntorangereport.com/diary/31230/lt-gov-dan-patrick-admits-gop-makes-it-intentionally-hard-to-vote-in-texas>)
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Posted inThe Voting Wars <http://electionlawblog.org/?cat=60>
Justice Kennedy Defends Citizens United
<http://electionlawblog.org/?p=77126>
Posted onOctober 29, 2015 9:15 am
<http://electionlawblog.org/?p=77126>byRick Hasen
<http://electionlawblog.org/?author=3>
The NLJ
<http://www.nationallawjournal.com/id=1202740827841/Justice-Anthony-Kennedy-Loathes-the-Term-Swing-Vote?back=DC&kw=Justice%20Anthony%20Kennedy%20Loathes%20the%20Term%20%27Swing%20Vote%27&cn=20151027&pt=Legal%20Times%20Afternoon%20Update&src=EMC-Email&et=editorial&bu=National%20Law%20Journal&slreturn=20150929114434>on
Justice Kennedy’s appearance at Harvard:
Kennedy, also in response to a student’s question, said he stands by
his 2010 decision in the still controversial/Citizens
United/_*campaign finance case
<http://www.supremecourt.gov/opinions/09pdf/08-205.pdf>*_.
“In my own view, what happens with money in politics is not good,”
he said. “Remember: the government of the United States stood in
front our court and said it was lawful and necessary under the
[McCain-Feingold] Act to ban a book written about Hillary Clinton in
the prohibited period of six, three months before the election. That
can’t be right.
“I wasn’t surprised The New York Times was incensed their little
monopoly to affect our thinking was taken away. I was surprised how
virulent their attitude was. Last time I looked, The New York Times
was a corporation. This meant the Sierra Club, the chamber of
commerce in a small town couldn’t take out an ad.”
Disclosure of who is financing elections is an answer, he said. “You
live in this cyber age. A report can be done in 24 hours,” he said.
But, he added, “that’s not working the way it should.”
Two things of note:
First, Justice Kennedy is among the Justices to rarely give these kind
of public interviews, according to myCelebrity Justice study
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2611729>. Maybe
that is now changing.
Second, Regarding Justice Kennedy’s point about the New York Times as a
(press) corporation): I deal with this question in great detail in my
upcomingPlutocrats United
<http://www.amazon.com/Plutocrats-United-Campaign-Distortion-Elections/dp/0300212453/>book.
It is a serious objection to campaign finance limits that needs a
serious answer.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Celebrity
Justice <http://electionlawblog.org/?cat=109>,Supreme Court
<http://electionlawblog.org/?cat=29>
Justice Scalia Speaks Again on Bush v. Gore
<http://electionlawblog.org/?p=77124>
Posted onOctober 29, 2015 8:05 am
<http://electionlawblog.org/?p=77124>byRick Hasen
<http://electionlawblog.org/?author=3>
Bob
Egelko<http://www.sfchronicle.com/news/article/At-Santa-Clara-Scalia-says-he-s-a-dissident-on-6597321.php?t=c77fb1330d00af33be&cmpid=twitter-premium>on
a Q&A at Santa Clara:
Bush vs. Gore, the ruling that decided the 2000 presidential
election and put George W. Bush in the White House, was not a close
case or an example of judicial overreaching. “We didn’t inject
ourselves into that election,” Scalia said. “It was Al Gore who
wanted judges to decide” that the official tally by Florida’s
Republican election officials was invalid.
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Posted inBush v. Gore reflections
<http://electionlawblog.org/?cat=5>,Supreme Court
<http://electionlawblog.org/?cat=29>
WI: “Senate Republicans take cautious tack on GAB, campaign finance
bills” <http://electionlawblog.org/?p=77122>
Posted onOctober 29, 2015 8:01 am
<http://electionlawblog.org/?p=77122>byRick Hasen
<http://electionlawblog.org/?author=3>
Madison.com:
<http://host.madison.com/news/local/govt-and-politics/senate-republicans-take-cautious-tack-on-gab-campaign-finance-bills/article_3c7c3abb-809c-5c5d-9fb9-471983a09aa9.html>
Undecided Senate Republicans are grappling with pressure from groups
on opposing sides of bills to replace the state’s Government
Accountability Board and rewrite state campaign finance law.
The GOP-controlled Assembly voted largely on party lines to pass the
<http://host.madison.com/wsj/news/local/govt-and-politics/assembly-votes-to-dismantle-gab-campaign-finance-overhaul-as-democrats/article_c887eeb2-5b62-59de-8217-a57fad8bf70a.html>bills
last week, less than two weeks after they were introduced.
But the Senate, also under Republican control, isn’t rushing to get
the bills to the desk of Gov. Scott Walker.
“I don’t think there’s any sense of urgency, at least on my part,”
Sen. Howard Marklein, R-Spring Green, said Tuesday. “I’m still
studying the options.”
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Former lawmakers join campaign-finance fight”
<http://electionlawblog.org/?p=77120>
Posted onOctober 29, 2015 7:58 am
<http://electionlawblog.org/?p=77120>byRick Hasen
<http://electionlawblog.org/?author=3>
USA Today
<http://onpolitics.usatoday.com/2015/10/28/former-lawmakers-join-campaign-finance-fight/>:
A bipartisan group of former members of Congress and ex-governors is
banding together to put a new spin on a long-standing cause:
reducing the influence of big money in American elections.
The ReFormers Caucus <https://www.issueone.org/reformers-caucus/>,
as the group of more than 100 former officeholders is known, plans
to kick off its effort Nov. 5 with an event on Capitol Hill. It’s
all part of a push by a group called Issue One to put the spotlight
on overhauling the system.
Goals include boosting small donations to campaigns, finding ways to
restrict political contributions from lobbyists and unmasking secret
contributions made to tax-exempt groups that are active in politics.
The boldfaced political names in the group range from former Senate
Majority Leader Tom Daschle and former Utah governor Jon Huntsman to
Leon Panetta, a former California congressman who also ran the CIA
and the Defense Department. Some, such as Daschle, have ties to the
lobbying business themselves.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
--
Rick Hasen
hasenr at gmail.com
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