[EL] ELB News and Commentary 9/28/15

Rick Hasen rhasen at law.uci.edu
Mon Sep 28 07:40:51 PDT 2015


    “Why The Most Urgent Civil Rights Cause Of Our Time Is The Supreme
    Court Itself” <http://electionlawblog.org/?p=76246>

Posted onSeptember 28, 2015 7:39 am 
<http://electionlawblog.org/?p=76246>byRick Hasen 
<http://electionlawblog.org/?author=3>

I have writtenthis longread for TPM, 
<http://talkingpointsmemo.com/cafe/supreme-court-greatest-civil-rights-cause>and 
I’ve been working on it for quite some time.  It begins:

    The future composition of the Supreme Court is the most important
    civil rights cause of our time. It is more important than racial
    justice, marriage equality, voting rights, money in politics,
    abortion rights, gun rights, or managing climate change. It matters
    more because the ability to move forward in these other civil rights
    struggles depends first and foremost upon control of the Court. And
    control for the next generation is about to be up for grabs, likely
    in the next presidential election, a point many on the right but few
    on the left seem to have recognized.

    When the next President of the United States assumes office on
    January 20, 2017, Justice Ruth Bader Ginsburg will be nearly 84,
    Justices Antonin Scalia and Anthony Kennedy will be over 80, and
    Justice Stephen Breyer will be 78. Although many Justices have
    served on the Court into their 80s and beyond, the chances for all
    of these Justices remaining through the next 4 or 8 years of the
    45th President are slim. Indeed, the next president will likely make
    multiple appointments to the Court.

    The stakes are high. On non-controversial cases, or cases where the
    ideological stakes are low, the Justices often agree and are
    sometimes unanimous. In such cases, the Justices act much like lower
    court judges do, applying precedents, text, history, and a range of
    interpretative tools to decide cases. In the most controversial
    cases, however—those involving issues such as gun rights,
    affirmative action, abortion, money in politics, privacy, and
    federal power—the value judgments and ideology of the Supreme Court
    Justices, and increasingly the party affiliation of the president
    appointing them, are good predictors of each Justice’s vote.

    A conservative like Justice Scalia tends to vote to uphold abortion
    restrictions, strike down gun restrictions, and view the First
    Amendment as protecting the right to spend unlimited sums in
    elections. A liberal like Justice Ginsburg tends to vote the
    opposite way: to strike down abortion restrictions, uphold gun laws,
    and view the government’s interest in stopping undue influence of
    money in elections as justifying some limits on money in politics.
    This to not to say it is just politics in these cases, or that these
    Justices are making crassly partisan decisions. They’re not. It is
    that increasingly a Justice’s ideology and jurisprudence line up
    with one political party’s positions or another because Justices are
    chosen for that very reason.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme 
Court <http://electionlawblog.org/?cat=29>,Voting Rights Act 
<http://electionlawblog.org/?cat=15>


    “Chief Justice John Roberts Amasses Conservative Record, and the
    Right’s Ire” <http://electionlawblog.org/?p=76244>

Posted onSeptember 28, 2015 7:37 am 
<http://electionlawblog.org/?p=76244>byRick Hasen 
<http://electionlawblog.org/?author=3>

Adam 
Liptak<http://www.nytimes.com/2015/09/29/us/politics/chief-justice-john-roberts-amasses-conservative-record-and-the-rights-ire.html?ref=politics&_r=0>NYT 
Sidebar column:

    Political scientists say the conservative critique has a little
    merit, but not much. An analysis of voting patterns over the last
    decade shows Chief Justice Roberts to be well to the right of
    Justices Kennedy and Souter.

    But a comparison of his votes with those of Justice Samuel A. Alito
    Jr., who was appointed by Mr. Bush in 2006, tells a slightly
    different story. The two started out ideologically
    indistinguishable. But Justice Alito has trended right, and Chief
    Justice Roberts left.

    A recent study
    <http://www.jstor.org/stable/10.1086/682696?seq=1#page_scan_tab_contents>in
    The Journal of Legal Studies and related data presented an even more
    nuanced picture. It ranked the justices in ideological order and was
    prepared by Lee Epstein, a law professor and political scientist at
    Washington University in St. Louis; William M. Landes, a law
    professor and economist at the University of Chicago; and Judge
    Richard A. Posner of the United States Court of Appeals for the
    Seventh Circuit in Chicago.

    They found that Chief Justice Roberts voted in a conservative
    direction 58 percent of the time over the last decade, while
    Justices Alito, Antonin Scalia and Clarence Thomas ranged from 61 to
    65 percent.

    But the chief justice leaned right when it mattered most. “He is a
    reliable conservative in the most closely contested cases but
    moderate when his vote cannot change the outcome,” the study said.

    In 5-to-4 cases, the study found, Chief Justice Roberts voted in a
    conservative direction 85 percent of the time, a higher rate than
    that of any other member of the court.

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Posted inSupreme Court <http://electionlawblog.org/?cat=29>


    Public Supports SEC Rule on Corporate Political Disclosure
    <http://electionlawblog.org/?p=76242>

Posted onSeptember 28, 2015 7:36 am 
<http://electionlawblog.org/?p=76242>byRick Hasen 
<http://electionlawblog.org/?author=3>

 From Lisa Gilbert:

    I wanted to flag important polling released Friday by Public Policy
    Polling which shows that 88% of Republicans and 88% of Democrats
    want the SEC to issue a rule requiring publicly traded corporations
    to disclose their political spending.

    This polling (*Republican sample*
    <http://demandprogress.us10.list-manage.com/track/click?u=473283de10f9c69c998b8e3cd&id=1256f59cb5&e=f8c3a10d46>,*Democratic
    sample*
    <http://demandprogress.us10.list-manage.com/track/click?u=473283de10f9c69c998b8e3cd&id=759af3eaab&e=f8c3a10d46>),
    bolsters the already broad support behind the political spending
    disclosure rule that I know you are familiar with. Investors are
    calling for the rule, a record-breaking 1.2 million public comments
    have been submitted in support from retail investors and the public,
    and a recent letter supporting the rulemaking by a bipartisan set of
    former SEC chairmen solidifies the strong grounds the commission has
    to move forward.

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


    Evenwel Amicus Brief of LA and 19 Cities and Counties
    <http://electionlawblog.org/?p=76239>

Posted onSeptember 28, 2015 7:25 am 
<http://electionlawblog.org/?p=76239>byRick Hasen 
<http://electionlawblog.org/?author=3>

Here 
<http://electionlawblog.org/wp-content/uploads/Evenwel-Los-Angeles-Amicus-Brief.pdf>.

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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court 
<http://electionlawblog.org/?cat=29>


    “Bloomberg Poll: Americans Want Supreme Court to Turn Off Political
    Spending Spigot” <http://electionlawblog.org/?p=76237>

Posted onSeptember 28, 2015 7:22 am 
<http://electionlawblog.org/?p=76237>byRick Hasen 
<http://electionlawblog.org/?author=3>

Greg Stohr 
<http://www.bloomberg.com/politics/articles/2015-09-28/bloomberg-poll-americans-want-supreme-court-to-turn-off-political-spending-spigot?cmpid=BBD092815_POL>for 
Bloomberg:

    mericans may be sharply divided on other issues, but they are united
    in their view of the 2010 Supreme Court ruling that unleashed a
    torrent of political spending: They hate it.

    In a new Bloomberg Politics national poll, 78 percent of those
    responding said the Citizens United ruling should be overturned,
    compared with 17 percent who called it a good decision.

    “Wow. Wow. I’m stunned,” said David Strauss, a constitutional law
    professor who teaches at the University of Chicago. “What it
    suggests is that Citizens United has become a symbol for what people
    perceive to be a much larger problem, which is the undue influence
    of wealth in politics.”

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme 
Court <http://electionlawblog.org/?cat=29>


    “Judges’ Elections Get New Scrutiny; Bronx district attorney’s
    nomination for state Supreme Court brings issue to the fore”
    <http://electionlawblog.org/?p=76234>

Posted onSeptember 27, 2015 7:15 pm 
<http://electionlawblog.org/?p=76234>byRick Hasen 
<http://electionlawblog.org/?author=3>

WSJ 
<http://www.wsj.com/articles/judges-elections-get-new-scrutiny-1443402506>:

    Bronx District Attorney Robert Johnson’s quick transformation from a
    candidate for re-election to anominee for state court justice
    <http://www.wsj.com/articles/bronx-district-attorney-robert-johnson-wins-democratic-nod-for-state-supreme-court-1443146019>—without
    a vote being cast—is raising questions about the clout that state
    election law gives to party leaders and shedding light on New York’s
    largely obscure judicial electoral system.

    Judicial delegates for the Democratic Party in the Bronx gathered in
    a low-ceilinged ballroom Thursday night to nominate Mr. Johnson to
    one of six spots on this year’s ballot for state Supreme Court in
    the borough. Mr. Johnson is all but assured the seat in the Nov. 3
    election because the Bronx is overwhelmingly Democratic.

    For years, the state’s judicial-selection process has been
    criticized as opaque and undemocratic, a system in which
    delegates—often party loyalists, including elected officials and
    their family members—rubber-stamp candidates handpicked by county
    party leaders.

    In the Bronx Thursday, there wasn’t a dissenting vote cast, or an
    alternate candidate put forward to run in November.

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Posted injudicial elections <http://electionlawblog.org/?cat=19>


    Sen. Elizabeth Warren on the Voting Wars, Voting Rights, and Voting
    Reform <http://electionlawblog.org/?p=76232>

Posted onSeptember 27, 2015 7:12 pm 
<http://electionlawblog.org/?p=76232>byRick Hasen 
<http://electionlawblog.org/?author=3>

 From aspeech today 
<http://www.warren.senate.gov/?p=press_release&id=967>at theEdward 
Kennedy Institute 
<http://www.washingtonpost.com/news/post-politics/wp/2015/09/27/elizabeth-warren-just-gave-the-speech-that-black-lives-matter-activists-have-been-waiting-for/>:

    And what about voting rights? Two years ago, five conservative
    justices on the Supreme Court gutted the Voting Rights Act, opening
    the floodgates ever wider for measures designed to suppress minority
    voting. Today, the specific tools of oppression have changed-voter
    ID laws, racial gerrymandering, and mass disfranchisement through a
    criminal justice system that disproportionately incarcerates black
    citizens. The tools have changed, but black voters are still
    deliberately cut out of the political process.

    …Next, voting.

    It’s time to call out the recent flurry of new state law
    restrictions for what they are: an all-out campaign by Republicans
    to take away the right to vote from poor and black and Latino
    American citizens who probably won’t vote for them. The push to
    restrict voting is nothing more than a naked grab to win elections
    that they can’t win if every citizen votes.

    Two years ago the Supreme Court eviscerated critical parts of the
    Voting Rights Act. Congress could easily fix this, and Democrats in
    the Senate have called for restoration of voting rights. Now it is
    time for Republicans to step up to support a restoration of the
    Voting Rights Act-or to stand before the American people and explain
    why they have abandoned America’s most cherished liberty, the right
    to vote.

    And while we’re at it, we need to update the rules around voting.
    Voting should be simple. Voter registration should be automatic. Get
    a driver’s license, get registered automatically. Nonviolent,
    law-abiding citizens should not lose the right to vote because of a
    prior conviction. Election Day should be a holiday, so no one has to
    choose between a paycheck and a vote. Early voting and vote by mail
    would give fast food and retail workers who don’t get holidays day
    off a chance to proudly cast their votes. The hidden discrimination
    that comes with purging voter rolls and short-staffing polling
    places must stop. The right to vote remains essential to protect all
    other rights, and no candidate for president or for any other
    elected office – Republican or Democrat – should be elected if they
    will not pledge to support full, meaningful voting rights.

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Posted inThe Voting Wars <http://electionlawblog.org/?cat=60>,Voting 
Rights Act <http://electionlawblog.org/?cat=15>


    “Capitol Gains: S.C. politicians use office to pad pockets”
    <http://electionlawblog.org/?p=76230>

Posted onSeptember 27, 2015 5:25 pm 
<http://electionlawblog.org/?p=76230>byRick Hasen 
<http://electionlawblog.org/?author=3>

Extensive CPI report: 
<http://www.publicintegrity.org/2015/09/25/18048/capitol-gains-sc-politicians-use-office-pad-pockets>

    South Carolina elected officials and candidates have what amounts to
    a personal ATM that dispensed nearly $100 million since 2009 for
    such things as car repairs, football tickets, male-enhancement
    pills, GoPro cameras, overseas junkets and gasoline.

    A joint investigation by The Center for Public Integrity and /The
    Post and Courier/
    <http://www.postandcourier.com/article/20150925/PC1603/150929554>also found
    state lawmakers and candidates used this cash machine to hire their
    own companies, pay parking tickets, purchase an AARP membership
    — and even buy a used BMW convertible for “parades.”

    The money funding this political cash machine comes from candidates’
    campaign accounts, reimbursements from state government and outright
    gifts from special interests.

    The inner workings of this cash network typically remain hidden
    unless prosecutors subpoena questionable receipts and other evidence
    locked away from public view, as happened in the case of ex-House
    Speaker Bobby Harrell.

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


    “Chris Rickert: Photo ID no-brainer would bring a little sense to
    two brainless GOP initiatives” <http://electionlawblog.org/?p=76228>

Posted onSeptember 27, 2015 4:46 pm 
<http://electionlawblog.org/?p=76228>byRick Hasen 
<http://electionlawblog.org/?author=3>

Column 
<http://host.madison.com/wsj/news/local/columnists/chris-rickert/chris-rickert-photo-id-no-brainer-would-bring-a-little/article_c1f54d63-c478-55d3-aec4-4cb67cc12bac.html>in 
Wisconsin State Journal:

    A couple of astute readers contacted me this week with an idea for
    making at least a little sense out of the senseless:

    If the Republican-controlled Legislature passesa bill
    <https://docs.legis.wisconsin.gov/2015/proposals/ab222>to add photos
    of food stamp recipients to their food stamp debit cards, why not
    make the cards valid IDs for voting under the state’s recently
    upheld voter ID law?

    Adding photos to the debit cards used in the state food stamps
    program — known asQuest cards
    <https://www.dhs.wisconsin.gov/foodshare/ebt.htm>andFoodShare
    <https://www.dhs.wisconsin.gov/foodshare/index.htm>, respectively —
    could be a cost-efficient way to help guard against a small portion
    of the indeterminate amount of fraud in the FoodShare program and
    protect democracy from a voter fraud problem thatstudies have shown
    doesn’t exist
    <https://www.brennancenter.org/publication/truth-about-voter-fraud>.

    Talk about killing two (mostly imaginary) birds with one stone.

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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>


    “It’s make or break time for Jeb Bush”
    <http://electionlawblog.org/?p=76226>

Posted onSeptember 27, 2015 3:24 pm 
<http://electionlawblog.org/?p=76226>byRick Hasen 
<http://electionlawblog.org/?author=3>

WaPo 
<http://www.washingtonpost.com/politics/its-make-or-break-time-for-jeb-bush/2015/09/27/73d5f6fa-63c0-11e5-b38e-06883aacba64_story.html?postshare=7821443381559407>:

    Jeb Bush is entering a critical phase of his Republican presidential
    campaign, with top donors warning that the former Florida governor
    needs to demonstrate growth in the polls over the next month or face
    serious defections among supporters.

    The warnings, expressed by numerous senior GOP fundraisers in recent
    days, come as Bush and an allied super PAC are in the early stages
    of an aggressive television ad campaign that they believe will help
    erase doubts about his viability.

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


    SOS Kobach Doesn’t Like Being Called a Racist
    <http://electionlawblog.org/?p=76224>

Posted onSeptember 27, 2015 10:16 am 
<http://electionlawblog.org/?p=76224>byRick Hasen 
<http://electionlawblog.org/?author=3>

Watch the video 
<http://www.kansas.com/news/politics-government/article36623058.html>.

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Posted inUncategorized <http://electionlawblog.org/?cat=1>


    Very Sad News: Doug Kendall Has Died
    <http://electionlawblog.org/?p=76222>

Posted onSeptember 27, 2015 10:13 am 
<http://electionlawblog.org/?p=76222>byRick Hasen 
<http://electionlawblog.org/?author=3>

Sad news 
<http://theusconstitution.org/media/releases/constitutional-accountability-center-mourns-passing-doug-kendall-its-visionary>of 
an untimely death: “Doug Kendall 
<http://theusconstitution.org/about/people/director-staff/doug-kendall>, 
progressive litigator, author, activist, non-profit entrepreneur – named 
a “Visionary 
<http://theusconstitution.org/sites/default/files/briefs/NLJ-Visionaries-Award-Doug-Kendall.pdf>” 
by the National Law Journal in 2011 – and founding president of 
Constitutional Accountability Center since June 2008, passed away today 
from complications of colon cancer. He was 51.”

Jack Balkin 
<http://balkin.blogspot.com/2015/09/doug-kendall-patriot-and-visionary.html>:

    Doug organized the Constitutional Accountability Center to promote
    his deeply held belief that the Constitution is at its core a
    document of progress.  He maintained that our Constitution’s text,
    history and structure pointed toward ever greater protection for
    freedom and equality.  In an era when conservative originalists
    claimed a monopoly on constitutional fidelity, Doug Kendall spoke
    confidently and eloquently for a progressive constitutional faith.
    He defended the great achievements of American constitutionalism and
    argued that they were fully consistent with the Constitution’s text
    and history.  He yielded to no one in his devotion and commitment to
    fidelity to the United States Constitution.

    Doug gave these ideas life through his tireless efforts in
    scholarship, litigation, and institution-building. And he succeeded
    beyond what anyone could have imagined when he began. He was a great
    man doing great things. We are all in his debt.

Randy Barnett 
<https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/09/27/doug-kendall-rip/>:

    By and large I disagreed with the constitutional stances of his CAC.
    For example, during the constitutional challenge to the Affordable
    Care Act, I frequently appeared with his close colleague Elizabeth
    Wydra, who passionately defended the constitutionality of the
    individual insurance mandate. But, even where I disagree with their
    conclusions, the briefs and arguments submitted by the Constitution
    Accountability Center make a vital contribution to the adversary
    process by which claims of original meaning should be vetted.

    Doug Kendall was a true gentleman who loved the Constitution. My
    deepest sympathy goes out to his family and his colleagues. He was a
    force to be reckoned with during his life and, with the
    Constitutional Accountability Center he founded, his force will
    continue long after his passing.

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Posted inelection law biz <http://electionlawblog.org/?cat=51>


    “Longtime Indiana lawmaker Bill Crawford remembered as a ‘giant
    among men'” <http://electionlawblog.org/?p=76220>

Posted onSeptember 27, 2015 10:08 am 
<http://electionlawblog.org/?p=76220>byRick Hasen 
<http://electionlawblog.org/?author=3>

See thisIndy Star obituary. 
<http://www.indystar.com/story/news/politics/2015/09/25/bill-crawford-long-time-indiana-lawmaker-dies/72806814/>

Crawford was also the lead main plaintiff in the case challenging the 
constitutionality of Indiana’s voter id law, a case which made it to 
theSupreme Court <https://www.law.cornell.edu/supct/html/07-21.ZO.html>.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,Supreme Court 
<http://electionlawblog.org/?cat=29>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,voter id 
<http://electionlawblog.org/?cat=9>


    More Evenwel Amicus Briefs <http://electionlawblog.org/?p=76212>

Posted onSeptember 27, 2015 10:04 am 
<http://electionlawblog.org/?p=76212>byRick Hasen 
<http://electionlawblog.org/?author=3>

Following up onthis listing <http://electionlawblog.org/?p=76195>, I 
have received the following additional amicus briefs (all supporting Texas):

Brief of 21 state attorneys general 
<http://electionlawblog.org/wp-content/uploads/14-940-bsac-The-States.pdf>

Lawyers’ Committee 
<http://electionlawblog.org/wp-content/uploads/14-940-bsac-Lawyers-Committee.pdf>

New York City 
<http://electionlawblog.org/wp-content/uploads/14-940_bsac_New-York-City.pdf>

Texas Senators 
<http://electionlawblog.org/wp-content/uploads/14-940-bsac-Texas-Senators.pdf>

Direct Action for Rights and Equality et al. 
<http://electionlawblog.org/wp-content/uploads/14-940-bsac-Direct-Action-for-Rights-et-al..pdf>

NAACP LDF <http://electionlawblog.org/wp-content/uploads/Evenwel_Amicus.pdf>

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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court 
<http://electionlawblog.org/?cat=29>


    “The Soaring Price of Political Access”
    <http://electionlawblog.org/?p=76210>

Posted onSeptember 27, 2015 9:54 am 
<http://electionlawblog.org/?p=76210>byRick Hasen 
<http://electionlawblog.org/?author=3>

NYT editorial 
<http://www.nytimes.com/2015/09/27/opinion/sunday/the-soaring-price-of-political-access.html?action=click&pgtype=Homepage&module=opinion-c-col-left-region&region=opinion-c-col-left-region&WT.nav=opinion-c-col-left-region&_r=0>:

    This year, the political money is flowing more like overpriced wine,
    with the two national parties reported to be planning tenfold
    increases in the rates V.I.P. donors will be charged to secure the
    right to attend exclusive dinners and presidential convention forums
    with candidates and party leaders.

    This means that top-tier Republican donors will pay $1.34 million
    per couple for the privilege of being treated as party insiders,
    while the Democratic Party will charge about $1.6 million,according
    to The Washington Post
    <http://www.washingtonpost.com/politics/political-parties-go-after-million-dollar-donors-in-wake-of-looser-rules/2015/09/19/728b43fe-5ede-11e5-8e9e-dce8a2a2a679_story.html>.
    Four years ago the most an individual could give to a national party
    was $30,800. This time, that top $1.34 million ticket for a couple
    in the Republican National Committee’s Presidential Trust tier,
    reserved for the “most elite R.N.C. investors,” promises “influence
    messaging and strategy” opportunities at exclusive party dinners and
    retreats, according to a description obtained by The Post….

    While Democrats led by Hillary Rodham Clinton have called for broad
    reforms of campaign fund-raising, Mrs. Clinton and party leaders say
    they will emulate Republican tactics in going after big money if
    that’s what it takes to compete. At what cost to democracy is the
    looming question for voters.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>,political parties 
<http://electionlawblog.org/?cat=25>


    “Sacramento County seeks review of elections office”
    <http://electionlawblog.org/?p=76203>

Posted onSeptember 25, 2015 7:16 pm 
<http://electionlawblog.org/?p=76203>byRick Hasen 
<http://electionlawblog.org/?author=3>

SacBee: 
<http://www.sacbee.com/news/local/local-election/article35055948.html>

    Sacramento County plans to hire a consultant to review its elections
    office following complaints from city clerks about the handling of
    last year’s elections.

    As reported by The Sacramento Bee last month
    <http://www.sacbee.com/news/investigations/the-public-eye/article29754133.html>,
    current and former clerks in Sacramento, Galt and Rancho Cordova
    said the elections office had become less reliable in the past 18
    months. The office published inaccurate information about contests
    in Sacramento and Rancho Cordova in sample ballot guides and
    provided Galt’s clerk with wrong information about the ballot order
    of council races, among other things.

    The complaints are one reason Sacramento County Chief Deputy
    Executive Paul Lake is asking for a review of the office. As head of
    the Countywide Services agency, Lake oversees the office and its
    chief, Registrar of Voters Jill LaVine.

    “We want to see what we can do to improve,” he said. “We want to
    have good customer service.”

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


    Amicus Briefs in Evenwel Case <http://electionlawblog.org/?p=76195>

Posted onSeptember 25, 2015 7:14 pm 
<http://electionlawblog.org/?p=76195>byRick Hasen 
<http://electionlawblog.org/?author=3>

I’ve already linked to thePersily et al. brief. 
<http://electionlawblog.org/wp-content/uploads/evenwel-persily-Brief.pdf>

I have also received briefs from:

the DNC 
<http://electionlawblog.org/wp-content/uploads/14-940bsacDemocraticNationalCommittee.pdf>

Common Cause 
<http://electionlawblog.org/wp-content/uploads/14-940-bsac-Common-Cause.pdf>

Harris County 
<http://electionlawblog.org/wp-content/uploads/14-940-bsac-Harris-Cty-Tx.pdf>

Brennan Center 
<http://electionlawblog.org/wp-content/uploads/Brennan-Center-Amicus-Curiae-Brief.pdf>

Former census bureau directors 
<http://electionlawblog.org/wp-content/uploads/14-940-bsac-Former-Directors-of-the-U.S.-Census-Bureau.pdf>

Constitutional Accountability Center 
<http://theusconstitution.org/sites/default/files/briefs/Evenwel_v_Abbott_Amicus_Final.pdf>

ACLU 
<http://electionlawblog.org/wp-content/uploads/14-940-bsac-The-American-Civil-Liberties-Union.pdf>

Here is a list of additional briefs on the merits via Moritz 
<http://moritzlaw.osu.edu/electionlaw/litigation/Evenwel.v.Abbott.php>:

  * Brief for Appellants
    <http://moritzlaw.osu.edu/electionlaw/litigation/documents/EvenwelBrief07312015.pdf>pdf
    file(filed 7/31/15)
  * Brief Amicus Curiae of ACRU
    <http://moritzlaw.osu.edu/electionlaw/litigation/documents/EvenwelACLUBrief08052015.pdf>[corrected]pdf
    file(filed 8/05/15)
  * Brief Amicus Curiae of Eagle Forum Education and Legal Defense Fund,
    Inc.
    <http://moritzlaw.osu.edu/electionlaw/litigation/documents/EvenwelEagleFound08072015.pdf>pdf
    file(filed 8/07/15)
  * Brief Amicus Curiae of Project
    21<http://moritzlaw.osu.edu/electionlaw/litigation/documents/EvenwelProject21Brief08072015.pdf>pdf
    file(filed 8/07/15)
  * Brief Amicus Curiae of Tennessee State Legislators and The Judicial
    Education Project
    <http://moritzlaw.osu.edu/electionlaw/litigation/documents/EvenwelEagleFound08072015.pdf>pdf
    file(filed 8/07/15)
  * Brief Amici Curiae of Cato Institute and Reason Foundation
    <http://moritzlaw.osu.edu/electionlaw/litigation/documents/EvenwelCatoBrief08072015.pdf>pdf
    file(filed 8/07/15)
  * Brief Amicus Curiae of Mountain States Legal Foundation
    <http://moritzlaw.osu.edu/electionlaw/litigation/documents/EvenwelMountStatesBrief08072015.pdf>pdf
    file(filed 8/07/15)
  * Brief Amici Curiae of Demographers Peter A. Morrison, et al
    <http://moritzlaw.osu.edu/electionlaw/litigation/documents/EvenwelDemographersBrief08072015.pdf>.pdf
    file(filed 8/07/15)
  * Brief Amicus Curiae of Center for Constitutional Jurisprudence
    <http://moritzlaw.osu.edu/electionlaw/litigation/documents/EvenwelCenterConBrief08072015.pdf>pdf
    file(filed 8/07/15)
  * Brief Amicus Curiae of Immigration Reform Law Institute
    <http://moritzlaw.osu.edu/electionlaw/litigation/documents/EvenwelImmiReformBrief08072015.pdf>pdf
    file(filed 8/07/15)
  * Brief Amici Curiae of Judicial Watch, Inc., et al.
    <http://moritzlaw.osu.edu/electionlaw/litigation/documents/EvenwelJudicialWatchBrief08072015.pdf>pdf
    file(filed 8/07/15)
  * Brief Amicus Curiae of Yakima, Washington
    <http://moritzlaw.osu.edu/electionlaw/litigation/documents/EvenwelYakimaBrief08072015.pdf>pdf
    file(filed 8/07/15)
  * Brief of Appellees
    <http://moritzlaw.osu.edu/electionlaw/litigation/documents/Evenwel-TexasBrief091815.pdf>pdf
    file(filed 9/18/15)

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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court 
<http://electionlawblog.org/?cat=29>

-- 
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
hhttp://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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