[EL] ELB News and Commentary 9/11/15
Rick Hasen
rhasen at law.uci.edu
Fri Sep 11 05:10:52 PDT 2015
“Is Hillary’s New Campaign Finance Reform Plan the Real Deal?”
<http://electionlawblog.org/?p=75938>
Posted onSeptember 11, 2015 5:08 am
<http://electionlawblog.org/?p=75938>byRick Hasen
<http://electionlawblog.org/?author=3>
Justin Miller reports
<http://prospect.org/article/hillary%E2%80%99s-new-campaign-finance-reform-plan-real-deal>for
TAP.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
‘Kobach debates voter ID laws with KU law professor’
<http://electionlawblog.org/?p=75936>
Posted onSeptember 11, 2015 4:52 am
<http://electionlawblog.org/?p=75936>byRick Hasen
<http://electionlawblog.org/?author=3>
The /Lawrence Journal-World /reports.
<http://www2.ljworld.com/news/2015/sep/10/kobach-debates-voter-id-laws-ku-law-professor/>
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Posted infraudulent fraud squad <http://electionlawblog.org/?cat=8>
Big News: Justin Levitt to DOJ <http://electionlawblog.org/?p=75934>
Posted onSeptember 10, 2015 7:18 pm
<http://electionlawblog.org/?p=75934>byRick Hasen
<http://electionlawblog.org/?author=3>
My friend, co-blogger,and colleagueJustin Levitt
<http://www.lls.edu/aboutus/facultyadministration/faculty/facultylistl-r/levittjustin/>will
be taking a leave from Loyola (and this blog) to take a position as
Deputy Assistant Attorney General in the Civil Rights Division of the
Department of Justice, with a focus on voting rights cases etc. This is
the position recently held by Pam Karlan, who has returned to full time
teaching at Stanford (Torts! Who knew?). Justin comes in at a crucial
time, with the North Carolina voting case awaiting a decision from the
trial court and a likely appeal no matter what happens, and the Texas
voting rights case potentially going en banc in the 5th Circuit and/or
to the Supreme Court.
He’s a very smart fellow, a quite capable lawyer, and a mensch.
We will miss him at the blog for the duration of his stay at DOJ.
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Posted inDepartment of Justice
<http://electionlawblog.org/?cat=26>,election law biz
<http://electionlawblog.org/?cat=51>
Rep. John Lewis Gives Ari Berman VRA Book Glowing WaPo Review
<http://electionlawblog.org/?p=75932>
Posted onSeptember 10, 2015 3:16 pm
<http://electionlawblog.org/?p=75932>byRick Hasen
<http://electionlawblog.org/?author=3>
Read it here.
<https://www.washingtonpost.com/opinions/john-lewis-how-we-won-and-are-losing-the-right-to-vote/2015/09/10/5f77e644-50bc-11e5-933e-7d06c647a395_story.html>
And here’smy interview <https://electionlawblog.org/?p=75203>with Ari
for the ELB Podcast.
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
Sen. Murkowski Explains Her Support for Dems’ VRA Fix
<http://electionlawblog.org/?p=75929>
Posted onSeptember 10, 2015 2:14 pm
<http://electionlawblog.org/?p=75929>byRick Hasen
<http://electionlawblog.org/?author=3>
Samantha Lachman reports
<http://www.huffingtonpost.com/entry/lisa-murkowski-voting-rights_55f1b9b1e4b002d5c0787513?z9hbmx6r>for
HuffPo.
Murkowski explained why she decided to back the bill in a
statementThursdayafternoon.
“The Voting Rights Act of 1965 brought an end to the ugly Jim Crow
period in American history. It is fundamentally important in our
system of government that every American be given the opportunity to
vote, regardless of who they are, where they live, and what their
race or national origin may be,” she said….
The powerful nature of the VRA legislation was on display in 2008,
when questions from the Justice Department compelled Alaska’s
elections officeto withdraw a plan
<http://www.adn.com/article/20130627/our-view-or-without-voting-rights-act-states-mission-clear> to
close polling places in remote villages. A reauthorization of the
VRA in 1975 added new protections for minorities, requiring
bilingual election materials to be printed in areas where people of
Spanish heritage, Native Americans, Alaska Natives or
Asian-Americans constituted more than 5 percent of the local
voting-age population. Some Republicans were opposed to the new
language requirements at the time, and Alaskahas since challenged
<http://www.adn.com/article/20140611/protecting-alaska-natives-right-vote-no-matter-what-language-they-speak-critical> the
provision.
Murkowski has attributed her unprecedented general election
victoryvia a daring write-in campaign
<http://www.adn.com/article/alaskas-lisa-murkowski-declares-victory-makes-history> to
Alaska Natives, whoendorsed her
<http://www.adn.com/article/20101021/afn-backs-murkowski-senate> in
2010. She is up for re-election next year.
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>,VRAA
<http://electionlawblog.org/?cat=81>
“Did this shady pro-Bernie Sanders super PAC just dupe James Bond?”
<http://electionlawblog.org/?p=75927>
Posted onSeptember 10, 2015 11:40 am
<http://electionlawblog.org/?p=75927>byRick Hasen
<http://electionlawblog.org/?author=3>
It’s the wild west
<http://www.publicintegrity.org/2015/09/10/17947/did-shady-pro-bernie-sanders-super-pac-just-dupe-james-bond>out
there.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Restoring the Voting Rights Act Now Has Bipartisan Support”
<http://electionlawblog.org/?p=75925>
Posted onSeptember 10, 2015 11:38 am
<http://electionlawblog.org/?p=75925>byRick Hasen
<http://electionlawblog.org/?author=3>
Ari Berman
<http://www.thenation.com/article/restoring-the-voting-rights-act-now-has-bipartisan-support/>on
Senator Murkowski.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>,Voting Rights
Act <http://electionlawblog.org/?cat=15>,VRAA
<http://electionlawblog.org/?cat=81>
‘New Hampshire Primary Source: Kasich backers say he filmed super
PAC ads before becoming a candidate”
<http://electionlawblog.org/?p=75923>
Posted onSeptember 10, 2015 11:13 am
<http://electionlawblog.org/?p=75923>byRick Hasen
<http://electionlawblog.org/?author=3>
WMUR
<http://www.wmur.com/politics/new-hampshire-primary-source-prokasich-super-pac-ads-scrutinized/35181132>:
But proving that there is illegal coordination is tough. A plethora
ofFEC rules
<http://www.fec.gov/pages/brochures/indexp.shtml#CC>focus on three
“prongs,” regarding payment, content and conduct.
Pro-candidate super PAC ads look very much like ads by the
candidates’ campaign committees themselves. In most cases, the
candidates appear in the super PAC ads in “B” roll, talking to
voters on the streets and at town halls, shaking hands – generally
speaking, campaigning.
But the pro-Kasich A New Day for America super PAC is a bit
different. In its ads (clickhere
<https://www.youtube.com/watch?v=Dg9Liwfs_tI>,here
<https://www.youtube.com/watch?v=S5MHotEOO-4#action=share>, and, for
a five-minute video,here
<https://www.youtube.com/watch?v=1PqA6S7rMnk#action=share>), the
Ohio governor speaks directly into the camera about his experience
as governor and a member of the U.S. House. He talks about his
father, who was a mailman.
They’re strong ads, and they’re part of the formula that’s getting
results for Kasich.
But are the ads legal?
How can the super PAC not be coordinating with the campaign when the
candidate is brought into a room to speak directly into the camera?
“The envelope is being pushed more all the time,” regarding FEC
rules on illegal coordination, said Viveca Novak, communications
director for the nonpartisan Center for Responsive Politics. “It’s
everything from Jeb Bush basically setting up his super PAC and
raising big money for it before he declared his candidacy to super
PACs organizing town halls, as is the case with Bobby Jindal.”
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Seventh Circuit Strikes Down Limited Voting for Indianapolis
Judicial Races” <http://electionlawblog.org/?p=75921>
Posted onSeptember 10, 2015 10:31 am
<http://electionlawblog.org/?p=75921>byRick Hasen
<http://electionlawblog.org/?author=3>
Ballot Access News:
<http://ballot-access.org/2015/09/10/seventh-circuit-strikes-down-limited-voting-for-indianapolis-judicial-races/>
On September 9, the Seventh Circuit agreed with the U.S. District
Court that Indiana cannot provide for limited voting in partisan
judicial races. The case is Common Cause Indiana v Individual
Members of the Indiana Election Commission, 14-3300.Here is the
32-page opinion
<http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2015/D09-09/C:14-3300:J:Springmann:aut:T:fnOp:N:1618296:S:0>.
Indiana’s limited voting law only applies to Marion County, which is
identical to the city of Indianapolis. The law says no party may run
candidates for more than half the seats for Superior Court Judge.
Some years 16 seats are up; in those years no party may run more
than 8 nominees. Other years, 20 seats are up; in those years no
party may run more than 10 nominees. The purpose of the law is to
prevent one party from winning all the races.
The decision is on shaky grounds, because elsewhere around the
nation, limited voting has been upheld.
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Posted inalternative voting systems
<http://electionlawblog.org/?cat=63>,judicial elections
<http://electionlawblog.org/?cat=19>
Sen. Murkowski Co-Sponsors Dem Bill to Fix Voting Rights Act
<http://electionlawblog.org/?p=75919>
Posted onSeptember 10, 2015 9:40 am
<http://electionlawblog.org/?p=75919>byRick Hasen
<http://electionlawblog.org/?author=3>
This
<https://www.congress.gov/bill/114th-congress/senate-bill/1659/cosponsors>is
surprising (viaAri Berman
<https://twitter.com/AriBerman/status/642013147583393793>).
For those keeping track, Rep. Sensenbrenner, a Republican, worked mostly
with Democrats on the Voting Rights Amendment Act, which was seen by
Democrats as a fairly watered down measure to restore a preclearance
regime for voting changes which were lost when the Supreme Court decided
/Shelby County v. Holder/. The measure has gone nowhere, in part because
it was thought that Rep. Eric Cantor would have pushed it (but he lost
in the 2014 Republican primary).
In response to lack of movement on this legislation, Democrats pushed
the Voting Rights /Advancement/Act, which is stronger in terms of which
states get covered and how. Sensenbrenner would not sign on to this
one. But now Senator Murkowski becomes the first prominent Republican to
do so.
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>,VRAA
<http://electionlawblog.org/?cat=81>
--
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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