[EL] ELB News and Commentary 4/1/16

[Rick Hasen]

    “Congressional Candidate Caught in Bed with Head of Supportive Super
    PAC” <http://electionlawblog.org/?p=81422>

Posted onApril 1, 2016 5:46 am 
<http://electionlawblog.org/?p=81422>byRick Hasen 
<http://electionlawblog.org/?author=3>

Roll Call HOH <https://youtu.be/5JV_hzOdoSU>:

    A congressional candidate running for office in San Dimas,
    California was found naked in bed in a hotel room with the head of a
    supportive Super PAC, after hotel security responded to calls of
    loud noises emanating from the room.

    While the candidate’s spokesperson did not deny that the candidate
    was caught in bed with the head of the Super PAC, he denied that
    there was any illegal coordination violating federal election laws.
    “So long as there was no discussion of advertising or campaign
    strategy, this is completely kosher,” the spokesperson explained.
    Officials at the FEC refused to comment on the specifics of the
    case, noting that it could be the subject of an official complaint,
    but sources within the agency indicated the agency would likely
    split 3-3 should the question come before the Commission.

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


    “Kobach: Okay for Poll Workers to Question People with ‘Funny
    Accents,’ ‘Strange Names'” <http://electionlawblog.org/?p=81420>

Posted onApril 1, 2016 5:34 am 
<http://electionlawblog.org/?p=81420>byRick Hasen 
<http://electionlawblog.org/?author=3>

Wichita Eagle 
<http://adage.com/article/campaign-trail/esurance-offers-election-insurance/303345/>:

    Kansas Secretary of State Kris Kobach, who has made stopping illegal
    immigration and voter fraud a cornerstone of his policies, and to
    whom the Kansas legislature has givenprosecutorial
    powers<http://cjonline.com/news/2015-06-08/brownback-signs-bill-giving-kobach-prosecution-power>over
    election fraud, said it is perfectly appropriate for poll workers to
    give greater scrutiny to “voters who raise suspicions, such as those
    with funny accents, strange names, or other indicia they might be
    trying to defraud the people of Kansas.”

    “Look, just like police engage in racial profiling for a reason,
    there’s a reason we might want to target those who are different
    from normal Kansans for special scrutiny,” said Kobach, who has
    drawn the ire of Democrats and voting rights groups. Despite
    Kobach’s rhetoric, his office hasuncovered and prosecuted only a
    handful of voter fraud claims
    <http://cjonline.com/news/2015-06-08/brownback-signs-bill-giving-kobach-prosecution-power>in
    Kansas.

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Posted infraudulent fraud squad <http://electionlawblog.org/?cat=8>


    “Ducey signs campaign finance bill assailed by critics as pro-dark
    money” <http://electionlawblog.org/?p=81418>

Posted onApril 1, 2016 5:19 am 
<http://electionlawblog.org/?p=81418>byRick Hasen 
<http://electionlawblog.org/?author=3>

Arizona Capitol Times 
<http://azcapitoltimes.com/news/2016/03/31/ducey-signs-campaign-finance-bill-assailed-by-critics-as-pro-dark-money/>:

    Gov. Doug Ducey signed a bill that completely rewrites Arizona’s
    campaign finance laws, including a provision that critics say will
    open the state up to more dark money in elections.

    Secretary of State Michele Reagan pushed SB1516 with the stated goal
    of simplifying Arizona’s outdated campaign finance statutes. Most of
    the bill’s provisions have been noncontroversial.

    But several key parts of the law have raised the ire of legislative
    Democrats and others would make it far more difficult for state
    elections officials to crack down on nonprofit groups that break the
    rules in spending dark money.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,tax law 
and election law <http://electionlawblog.org/?cat=22>


    “No, Commissioner Weintraub, the FEC Can’t Circumvent Citizens
    United” <http://electionlawblog.org/?p=81416>

Posted onApril 1, 2016 5:15 am 
<http://electionlawblog.org/?p=81416>byRick Hasen 
<http://electionlawblog.org/?author=3>

Allen Dickerson 
<http://www.huffingtonpost.com/allen-dickerson/no-commissioner-weintraub_b_9585932.html>:

    In anopinion piece
    <http://www.nytimes.com/2016/03/30/opinion/taking-n-citizens-united.html?_r=1>published
    yesterday in/The New York Times,/Ellen Weintraub, a member of the
    Federal Election Commission, suggests a way to “blunt the impact”
    of/Citizens United v. FEC./There are reasons to question the
    propriety of a federal officer attempting to “blunt” a First
    Amendment ruling against her agency, and I am unaware of another
    federal entity whose commissioners routinely take to the pages of
    major newspapers to decry binding Supreme Court precedent. But no
    matter how attractive you find her proposed “zero-tolerance
    standard,” under which any corporation with even a single foreign
    shareholder could be barred from any political activity, her
    proposal relies on a number of fatal legal errors.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal 
election commission <http://electionlawblog.org/?cat=24>


    “McConnell: Likely No Vote for Democratic #SCOTUS Nominee Before
    2020” <http://electionlawblog.org/?p=81414>

Posted onApril 1, 2016 5:12 am 
<http://electionlawblog.org/?p=81414>byRick Hasen 
<http://electionlawblog.org/?author=3>

WaPo <http://bgr.com/2016/04/01/google-gmail-drop-mic-april-fools/>:

    Facing the increasing prospect of a Hillary Clinton presidency,
    Senate majority leader Mitch McConnell (R-Ky) sought to lay the
    groundwork for denying Democrats a crucial fifth vote on the United
    States Supreme Court well past Inauguration Day in January.

    According to a Republican insider, who asked for anonymity in order
    to speak frankly about internal political strategy, the increasing
    chances of a Donald Trump Republican nomination and a loss to
    Democrats in November has led to new strategies for
    delay. “McConnell’s pitch is going to be this:we’ve already said
    <http://www.cnn.com/2016/02/23/politics/joe-biden-supreme-court-senate-republicans/>that
    the next Supreme Court appointment is so crucial to our country that
    we should let the people vote before making such a crucial decision.
    And while it’s true we’ll be choosing a president and one-third of
    the Senators in 2016, the other two-thirds won’t be chosen until
    2018 and 2020. Only after these votes is it fair to consider whether
    to confirm a president’s nominee.”

    After the Supreme Court’s 4-4 deadlock
    <https://www.washingtonpost.com/politics/courts_law/supreme-court-deadlocks-over-public-employee-union-case-calif-teachers-must-pay-dues/2016/03/29/b99faa30-f5b7-11e5-9804-537defcc3cf6_story.html>in
    a case last week involving the power of public sector unions,
    everyone recognizes the stakes of who controls the Supreme Court
    could not be higher. According to the insider, McConnell told fellow
    Republican senators that he agreed with Donald Trump on one thing:
    “Delay, delay, delay.
    <http://dailycaller.com/2016/02/13/trump-delay-delay-delay-a-supreme-court-appointment-video/>“

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


    “How to Hack an Election” <http://electionlawblog.org/?p=81412>

Posted onApril 1, 2016 4:38 am 
<http://electionlawblog.org/?p=81412>byRick Hasen 
<http://electionlawblog.org/?author=3>

Bloomberg 
<http://www.bloomberg.com/features/2016-how-to-hack-an-election/?cmpid=BBD040116_POL&utm_medium=email&utm_source=newsletter&utm_campaign=>:

    For eight years, Sepúlveda, now 31, says he traveled the continent
    rigging major political campaigns. With a budget of $600,000, the
    Peña Nieto job was by far his most complex. He led a team of hackers
    that stole campaign strategies, manipulated social media to create
    false waves of enthusiasm and derision, and installed spyware in
    opposition offices, all to help Peña Nieto, a right-of-center
    candidate, eke out a victory. On that July night, he cracked bottle
    after bottle of Colón Negra beer in celebration. As usual on
    election night, he was alone.

    Sepúlveda’s career began in 2005, and his first jobs were
    small—mostly defacing campaign websites and breaking into opponents’
    donor databases. Within a few years he was assembling teams that
    spied, stole, and smeared on behalf of presidential campaigns across
    Latin America. He wasn’t cheap, but his services were extensive. For
    $12,000 a month, a customer hired a crew that could hack
    smartphones, spoof and clone Web pages, and send mass e-mails and
    texts. The premium package, at $20,000 a month, also included a full
    range of digital interception, attack, decryption, and defense. The
    jobs were carefully laundered through layers of middlemen and
    consultants. Sepúlveda says many of the candidates he helped might
    not even have known about his role; he says he met only a few.

    His teams worked on presidential elections in Nicaragua, Panama,
    Honduras, El Salvador, Colombia, Mexico, Costa Rica, Guatemala, and
    Venezuela. Campaigns mentioned in this story were contacted through
    former and current spokespeople; none but Mexico’s PRI and the
    campaign of Guatemala’s National Advancement Party would comment.

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Posted inchicanery <http://electionlawblog.org/?cat=12>


    “Dead cat at heart of Florida election controversy”
    <http://electionlawblog.org/?p=81410>

Posted onApril 1, 2016 4:36 am 
<http://electionlawblog.org/?p=81410>byRick Hasen 
<http://electionlawblog.org/?author=3>

Marc Caputo 
<http://www.capitalnewyork.com/article/florida/2016/04/8595443/dead-cat-heart-florida-election-controversy>:

    Gracey Duncan seemed to be the type of Floridian a nonprofit
    voter-registration group wanted to get on the rolls to start
    participating in elections.

    But two problems stood in the way: Gracey is a cat. And she’s dead.

    “Why is my (dead)cat getting #voterregistration apps? This is #2,”
    Gracey’s confused former owner, Julie Duncan, asked her local
    election supervisorvia Twitter
    <https://twitter.com/MikeErtel/status/715289305795661824>.

    The easy answer to Duncan’s question is that a database mix-up or
    mismatch led the nonprofit Voter Participation Center to think
    “Gracey Duncan” was the type of person — a minority or single woman
    — the liberal-leaning group wants to register ahead of the
    presidential election.

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


    “Trump’s uphill delegate scramble” <http://electionlawblog.org/?p=81408>

Posted onApril 1, 2016 4:32 am 
<http://electionlawblog.org/?p=81408>byRick Hasen 
<http://electionlawblog.org/?author=3>

Politico 
<http://www.politico.com/story/2016/04/trumps-uphill-delegate-scramble-221443>:

    If Donald Trump loses in Wisconsin next week, he will need to win
    roughly 60 percent of the remaining delegates to win the Republican
    presidential nomination outright — a daunting but not impossible
    challenge.
    But if he fails to achieve it, and is thus unable to win the
    nomination outright, Trump is poised to suffer an exodus of
    delegates at a contested convention.
    Story Continued Below

    Interviews with dozens of delegates, delegate candidates, operatives
    and party leaders in recent days suggest that more than a hundred
    delegates — bound by rules and laws to back Trump on a first vote at
    the July convention in Cleveland — are prepared to break with him on
    a second ballot.

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Posted inpolitical parties 
<http://electionlawblog.org/?cat=25>,primaries 
<http://electionlawblog.org/?cat=32>


    “Trump: I Will Take Office if I Win the Popular Vote, Even If I Lose
    Electoral College” <http://electionlawblog.org/?p=81406>

Posted onApril 1, 2016 4:29 am 
<http://electionlawblog.org/?p=81406>byRick Hasen 
<http://electionlawblog.org/?author=3>

AP <https://www.youtube.com/watch?v=dQw4w9WgXcQ>:

    A defiant Donald Trump, speaking ata rally Wednesday in Waukesha,
    Wisconsin
    <https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=dave%20weigel>,
    slammed the undemocratic nature of Electoral College, which awards
    presidential electors by state, and promised to take office if he
    wins the overall popular vote for president even if Congress
    declares someone else the winner..

    “I’ve said before that I’m willing to abide by the rules for
    choosing the president if they are fair. But the idea that I could
    get more votes than Hillary Clinton and still lose the presidency is
    ridiculous. I’ll only play fair if the Congress plays fair in
    choosing a president,” the candidate declared.

    Trump said he had asked his controversial campaign manager, Corey
    Lewandowski, to devise a plan for seizing power in the event that
    Congress declares Clinton the winner if she receives the most
    electoral votes. “Corey’s got some really good ideas about what we
    need to do and how we need to do it. Nothing is off the table.
    Believe me,” Trump said, “you’ve never seen anything like it.”

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Posted incampaigns <http://electionlawblog.org/?cat=59>,electoral 
college <http://electionlawblog.org/?cat=44>


    “Outraged by Kansas Justices’ Rulings, G.O.P. Seeks to Reshape
    Court” <http://electionlawblog.org/?p=81404>

Posted onApril 1, 2016 4:16 am 
<http://electionlawblog.org/?p=81404>byRick Hasen 
<http://electionlawblog.org/?author=3>

Must-read Erik Eckholm 
<http://www.nytimes.com/2016/04/02/us/outraged-by-kansas-justices-rulings-gop-seeks-to-reshape-court.html?smid=tw-share&_r=0>NYT:

    Partisan conflict over courts has erupted in many of the 38 states
    where justices are either directly elected or, as in Kansas, face
    periodic retention elections, without an opposing candidate. As
    conservatives in Washington attempt to preserve a majority on the
    federal Supreme Court, politically ascendant conservatives in
    several states are seeking to reshape courts that they consider to
    be overly liberal vestiges of eras past.

    “We’ve seen this tug of war between courts and political branches
    all around the country,” said Alicia Bannon, a senior counsel at
    theBrennan Center for Justice <https://www.brennancenter.org/>at New
    York University.

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Posted incampaigns <http://electionlawblog.org/?cat=59>,judicial 
elections <http://electionlawblog.org/?cat=19>


    “Trump’s Threat on Pledge Could Cost Him South Carolina Delegates”
    <http://electionlawblog.org/?p=81402>

Posted onApril 1, 2016 4:11 am 
<http://electionlawblog.org/?p=81402>byRick Hasen 
<http://electionlawblog.org/?author=3>

TIME 
<http://time.com/4278295/donald-trump-loyalty-pledge-south-carolina-delegates/>:

    Donald Trump’s announcement that he no longer stands by a pledge to
    support the GOP has thrown his hold on South Carolina’s 50 delegates
    in doubt.

    The Palmetto State was one of several that required candidates to
    pledge their loyalty to the party’s eventual nominee in order to
    secure a slot on the primary ballot. Though Trumpwon all of the
    state’s delegates
    <http://time.com/4231631/south-carolina-primary-results-republican-donald-trump-ted-cruz-marco-rubio-jeb-bush/>in
    the Feb. 20 primary, anti-Trump forces are plotting to contest their
    binding to Trump because of his threat on the pledge Tuesday.

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Posted incampaigns <http://electionlawblog.org/?cat=59>,political 
parties <http://electionlawblog.org/?cat=25>,primaries 
<http://electionlawblog.org/?cat=32>


    “Casting Votes, Counting Votes for Election 2016: Democracy and Law
    in Action” <http://electionlawblog.org/?p=81400>

Posted onMarch 31, 2016 7:59 pm 
<http://electionlawblog.org/?p=81400>byRick Hasen 
<http://electionlawblog.org/?author=3>

I’ll be attendingthis conference at Wisconsin Law 
<http://law.wisc.edu/ils/2016votingrights/index.html>Friday and 
Saturday, with Pam Karlan as the keynote.

I’ll be presenting Softening Voter ID Laws Through Litigation: Is it 
Enough? (draft in progress, Mar. 2016 <http://electionlawblog.org/?p=80636>)

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


    “Cruz predicts Trump won’t be able to mount a third-party run”
    <http://electionlawblog.org/?p=81398>

Posted onMarch 31, 2016 7:24 pm 
<http://electionlawblog.org/?p=81398>byRick Hasen 
<http://electionlawblog.org/?author=3>

Politico: 
<http://www.politico.com/blogs/2016-gop-primary-live-updates-and-results/2016/03/ted-cruz-trump-no-third-party-221425#ixzz44WHQH5L1>

    Donald Trump won’t be able to mount a third-party bid for president
    if he loses the Republican nomination, Ted Cruz said Thursday.

    “He doesn’t have the option of running as a third-party
    [candidate],” the Texas senator told Wisconsin radio host Charlie
    Sykes. “Quite a few states across the country have what are called
    sore-loser laws, that once you run as a Republican and lose, you
    don’t get to then turn around and file on the ballot as an
    independent, so that will not be an option available to him.”

Michael Kang has writtena key paper 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1809970>on sore 
loser laws. Some may not apply to presidential elections, and there may 
be some constitutional issues with such laws as well.

Share 
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Posted incampaigns <http://electionlawblog.org/?cat=59>


    “Constitution Check: Is Ted Cruz’s eligibility for the presidency a
    serious issue?” <http://electionlawblog.org/?p=81396>

Posted onMarch 31, 2016 7:21 pm 
<http://electionlawblog.org/?p=81396>byRick Hasen 
<http://electionlawblog.org/?author=3>

Lyle Denniston 
<http://blog.constitutioncenter.org/2016/03/constitution-check-is-ted-cruzs-eligibility-for-the-presidency-a-serious-issue/>:

    One of the reasons that the issue continues to linger uncertainly as
    a constitutional matter is that there have been serious barriers to
    a ruling that courts have not been able to get past.  One is whether
    anyone can claim a sufficient legal injury from an ineligible
    presidential candidacy, to satisfy Article III’s limits on federal
    courts’ power to decide. Another is that the question is often
    treated as a “political question,” beyond the authority of the
    courts because its resolution is lodged with the Electoral College
    and with Congress.  Another is that the issue usually does not get
    explored fully before the issue goes away as legally moot because
    the candidate either did not get a party nomination, or lost an
    election.

    So far, none of the cases involving the Ted Cruz candidacy has
    resulted in a final ruling, one way or the other, in state or
    federal courts.   If the Texas senator does not win the GOP
    nomination, then, of course, the issue will fade away again.  But
    that is not to suggest that it is not a serious constitutional
    question that could use an answer – some day.   In the meantime, the
    voters will be the ones who decide.

Share 
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Posted incampaigns <http://electionlawblog.org/?cat=59>


    Law Prof Victor Williams, a Write-In Candidate in 9 States,
    Challenges Cruz Eligibility <http://electionlawblog.org/?p=81394>

Posted onMarch 31, 2016 6:39 pm 
<http://electionlawblog.org/?p=81394>byRick Hasen 
<http://electionlawblog.org/?author=3>

Details <http://victorwilliamsforpresident.com/>.

Williams and others lost a suit todaychallenging Ted Cruz’s eligibility 
<http://abcnews.go.com/Politics/wireStory/cruz-wins-citizenship-case-pennsylvania-supreme-court-38059265>to 
be on the Pa ballot.

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


    “A $200,000 Ballot Error and Other Misprints at New York City’s
    Board of Elections” <http://electionlawblog.org/?p=81392>

Posted onMarch 31, 2016 6:33 pm 
<http://electionlawblog.org/?p=81392>byRick Hasen 
<http://electionlawblog.org/?author=3>

NYT 
<http://www.nytimes.com/2016/04/01/nyregion/a-200000-ballot-error-and-other-misprints-at-new-york-citys-board-of-elections.html?ref=politics&_r=0>:

    The New York City Board of Elections has a proofreading problem —
    and even small mistakes are turning out to be costly.

    The board was forced to spend more than $200,000 in overnight
    postage last month to send corrected absentee ballots for the coming
    presidential primary, after it discovered an error in the Spanish
    version of the ballot.

    The mistake was discovered around the same time the board realized
    it had made another error: A recent notice sent to 60,000 newly
    registered voters included the wrong date for a Sept. 13 primary
    election for state and local offices. The board then mailed out a
    correction that may have inadvertently confused voters about the
    date of the higher-profile presidential primary on April 19.

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


    “Arizona Becomes Ground Zero in Fight Over Secret Political
    Spending” <http://electionlawblog.org/?p=81390>

Posted onMarch 31, 2016 6:29 pm 
<http://electionlawblog.org/?p=81390>byRick Hasen 
<http://electionlawblog.org/?author=3>

Justin Miller reports 
<http://prospect.org/article/arizona-becomes-ground-zero-fight-over-secret-political-spending>for 
TAP.

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


    AP Gets Newby-Kobach Correspondence
    <http://electionlawblog.org/?p=81388>

Posted onMarch 31, 2016 6:23 pm 
<http://electionlawblog.org/?p=81388>byRick Hasen 
<http://electionlawblog.org/?author=3>

AP <http://www.kansas.com/latest-news/article69320172.html>:

    A Kansas county elections official used close ties to one of the
    nation’s leading advocates of voting restrictions to help secure the
    top job at a government agency entrusted with making voting more
    accessible, and then used the federal position to implement an
    obstacle to voter registration in three states.

    An email provided to The Associated Press through open records
    requests offers a glimpse into the mindset of Brian Newby, executive
    director of the U.S. Election Assistance Commission, who decided —
    without public comment or approval from bosses — that residents of
    Alabama, Kansas and Georgia can no longer register to vote using a
    national form without providing proof of U.S. citizenship.

    As a finalist for the job of executive director, Newby said in a
    June email to his benefactor, Kansas’ Republican Secretary of State
    Kris Kobach, that he was friends with two of the commissioners at
    the federal agency, and told Kobach: “I think I would enter the job
    empowered to lead the way I want to.”

    Voting rights advocates were stunned by Newby’s action once he got
    the job and have sued to overturn it. Activists say it flies in the
    face of the commission’s mission to provide a simple, easy form to
    encourage voter registration….

    Kobach had appointed Newby to be a county elections commissioner in
    Kansas, and helped him get the federal job that he took in November.

    “I wanted you in the loop, in part because of other issues in the
    past with the EAC,” Newby emailed Kobach. “I also don’t want you
    thinking that you can’t count on me in an upcoming period that will
    tax our resources.”

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,Election Assistance Commission 
<http://electionlawblog.org/?cat=34>,The Voting Wars 
<http://electionlawblog.org/?cat=60>


    “Originalism and the ‘one person, one vote’ principle”
    <http://electionlawblog.org/?p=81386>

Posted onMarch 31, 2016 6:20 pm 
<http://electionlawblog.org/?p=81386>byRick Hasen 
<http://electionlawblog.org/?author=3>

Ilya Somin 
<https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/03/31/originalism-and-the-one-person-one-vote-principle/>:

    Prominent legal scholar Earl Maltz hasan important new article
    <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2753586>arguing
    that/Reynolds v. Sims/(1965)
    <https://supreme.justia.com/cases/federal/us/377/533/case.html>and
    other Supreme Court decisions requiring state governments to follow
    the “one person, one vote” rule for apportioning legislative
    districts cannot be squared with the original meaning of the
    Constitution. Maltz also contends that this conclusion greatly
    weakens the case for originalism, perhaps to the point of
    undermining it completely. He emphasizes that an originalist judge
    faced with unequally apportioned state legislatures where some
    voters have much greater representation than others, will be
    “powerless to act against regimes that are structured in a manner
    that is completely inconsistent with the most fundamental tenets of
    democracy.” These issues are particularly significant, as the
    Supreme Court is now consideringa case about the meaning of the “one
    person, one vote” principle, and what it entails
    <http://www.scotusblog.com/case-files/cases/evenwel-v-abbott/>.

    Maltz makes a strong case that the one person, one vote cases are
    incompatible with the original meaning. But his argument that this
    is a major strike against originalism is unpersuasive. Like Maltz, I
    agree thatoriginalism should be judged at least in large part on
    consequentialist grounds
    <http://www.libertylawsite.org/liberty-forum/originalism-and-liberty-ilya-somin-replies/>:
    based on whether following its dictates will effectively promote
    such values asliberty
    <http://www.libertylawsite.org/liberty-forum/how-constitutional-originalism-promotes-liberty/>,
    justice, and happiness. By its fruits shall originalism be known;
    and the same goes for rival theories, such as living
    constitutionalism. But this particular fruit is far more palatable
    than Maltz suggests. While no constitutional theory should be
    discarded because it leads to bad results on any one issue, it would
    indeed give me pause if – as some critics claim – originalism
    requires judges to uphold laws mandating racial segregation
    orforbidding interracial marriage
    <http://conlaw.jotwell.com/originalism-and-interracial-marriage/>. I
    have no such hesitation about allowing unequal apportionment.

Wow.

Share 
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81386&title=%26%238220%3BOriginalism%20and%20the%20%26%238216%3Bone%20person%2C%20one%20vote%26%238217%3B%20principle%26%238221%3B&description=%E2%80%9CCongressional%20Candidate%20Caught%20in%20Bed%20with%20Head%20of%20Supportive%20Super%20PAC%E2%80%9D%0APosted%20on%20April%201%2C%202016%205%3A46%20am%20by%20Rick%20Hasen%0ARoll%20Call%20HOH%3A%0A%0AA%20congressional%20candidate%20running%20for%20office%20in%20San%20Dimas%2C%20California%20was%20found%20naked%20in%20bed%20in%20a%20hotel%20room%20with%20the%20head%20of%20a%20supportive%20Super%20PAC%2C%20after%20hotel%20security%20responded%20to%20calls%20of%20loud%20noises%20emanating%20from%20the%20room.%0A%0AWhile%20the%20candidate%E2%80%99s%20spokesperson%20did%20not%20deny%20that%20the%20candidate%20was%20caught%20in%20bed%20with%20the%20head%20of%20the%20Super%20PAC%2C%20he%20denied%20that%20there%20was%20any%20illegal%20coordination%20violated%20federal%20election%20laws.%20%E2%80%9CSo%20long%20as%20there%20was%20no%20discussion%20of%20advertising%20or%20campaign%20strategy%2C%20this%20is%20completely%20kosher%2C%E2%80%9D%20the%20spokesperson%20explained.%20Officials%20at%20the%20FEC%20refused%20to%20comment%20on%20the%20specifics%20of%20the%20case%2C%20noting%20that%20it%20could%20be%20the%20subject%20of%20an%20official%20complaint%2C%20but%20sources%20within%20the%20agency%20indicated%20the%20agency%20would%20likely%20split%203-3%20should%20the%20question%20come%20before%20the%20Commission.%0A%0A%0APosted%20in%20campaign%20finance%0A%E2%80%9CKobach%3A%20Okay%20for%20Poll%20Workers%20to%20Question%20People%20with%20%E2%80%98Funny%20Accents%2C%E2%80%99%20%E2%80%98Strange%20Names%27%E2%80%9D%0APosted%20on%20April%201%2C%202016%205%3A34%20am%20by%20Rick%20Hasen%0AWichita%20Eagle%3A%0A%0AKansas%20Secretary%20of%20State%20Kris%20Kobach%2C%20who%20has%20made%20stopping%20illegal%20immigration%20and%20voter%20fraud%20a%20cornerstone%20of%20his%20policies%2C%20and%20to%20whom%20the%20Kansas%20legislature%20has%20given%20prosecutorial%20powers%20over%20election%20fraud%2C%20said%20it%20is%20perfectly%20appropriate%20for%20poll%20workers%20to%20give%20greater%20scrutiny%20to%20%E2%80%9Cvoters%20who%20raise%20suspicions%2C%20such%20as%20those%20with%20funny%20accents%2C%20strange%20names%2C%20or%20other%20indicia%20they%20might%20be%20trying%20to%20defraud%20the%20people%20of%20Kansas.%E2%80%9D%0A%0A%E2%80%9CLook%2C%20just%20like%20police%20engage%20in%20racial%20profiling%20for%20a%20reason%2C%20there%E2%80%99s%20a%20reason%20we%20might%20want%20to%20target%20those%20who%20are%20different%20from%20normal%20Kansans%20for%20special%20scrutiny%2C%E2%80%9D%20said%20Kobach%2C%20who%20has%20drawn%20the%20ire%20of%20Democrats%20and%20voting%20rights%20groups.%20Despite%20Kobach%E2%80%99s%20rhetoric%2C%20his%20office%20has%20uncovered%20and%20prosecuted%20only%20a%20handful%20of%20voter%20fraud%20claims%20in%20Kansas.%0A%0A%0APosted%20in%20fraudulent%20fraud%20squad%0A%E2%80%9CDucey%20signs%20campaign%20finance%20bill%20assailed%20by%20critics%20as%20pro-dark%20money%E2%80%9D%0APosted%20on%20April%201%2C%202016%205%3A19%20am%20by%20Rick%20Hasen%0AArizona%20Capitol%20Times%3A%0A%0AGov.%20Doug%20Ducey%20signed%20a%20bill%20that%20completely%20rewrites%20Arizona%E2%80%99s%20campaign%20finance%20laws%2C%20including%20a%20provision%20that%20critics%20say%20will%20open%20the%20state%20up%20to%20more%20dark%20money%20in%20elections.%0A%0ASecretary%20of%20State%20>
Posted inredistricting <http://electionlawblog.org/?cat=6>

-- 
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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