[EL] ELB News and Commentary 4/5/16
Rick Hasen
rhasen at law.uci.edu
Tue Apr 5 07:37:20 PDT 2016
Election Law Blog <http://electionlawblog.org/>
“U.S. Seeks Answers to Delays at Phoenix-Area Polls on Primary Day”
<http://electionlawblog.org/?p=81546>
Posted onApril 5, 2016 7:35 am
<http://electionlawblog.org/?p=81546>byRick Hasen
<http://electionlawblog.org/?author=3>
Fernanda Santos
<http://www.nytimes.com/2016/04/05/us/politics/us-seeks-answers-to-delays-at-phoenix-area-polls-on-primary-day.html?ref=politics>for
the NYT:
The Justice Department has opened an investigation over the
decisions that led to the chaotic presidential primaries in
Arizona’s most populous county, wherethousands of voters waited
<http://www.nytimes.com/2016/03/25/us/angry-arizona-voters-demand-why-such-long-lines-at-polling-sites.html>up
to five hours to cast ballots and thousands more were barred from
participating because of mistakes and confusion over party registration.
In a letter dated Friday, Chris Herron, chief of the voting section
of the department’s Civil Rights Division, cited “allegations of
disproportionate burden in waiting times to vote on election days in
some areas with substantial racial or language minority populations”
as he outlined a list of requests to the Maricopa County recorder,
Helen Purcell. They include the reasons for reducing the number of
polling places by 70 percent in Maricopa County, which includes
Phoenix, and the procedures used to log party registration in the
rolls. Ms. Purcell has said the cuts were primarily a cost-cutting
measure.
The goal, Mr. Herron wrote, is to “properly evaluate Maricopa
County’s compliance with the federal voting rights statutes during
the administration of the March 22, 2016, election,” the first in
the state since the Supreme Court in 2013 annulled a provision of
theVoting Rights Act
<http://topics.nytimes.com/topics/reference/timestopics/subjects/v/voting_rights_act_1965/index.html?inline=nyt-classifier>requiring
federal approval for any changes to the electoral process. Arizona
was one of 15 states that had to abide by the provision, known as
Section 5.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
“Why won’t Grassley hold Supreme Court hearings? He fears
Republicans more than Democrats.” <http://electionlawblog.org/?p=81543>
Posted onApril 5, 2016 7:31 am
<http://electionlawblog.org/?p=81543>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo reports.
<https://www.washingtonpost.com/news/powerpost/wp/2016/04/04/grassley-sticks-to-republican-script-on-supreme-court-nomination/>
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Posted inpolitical parties
<http://electionlawblog.org/?cat=25>,political polarization
<http://electionlawblog.org/?cat=68>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Here’s exactly how a brokered Republican convention would work”
<http://electionlawblog.org/?p=81541>
Posted onApril 5, 2016 7:30 am
<http://electionlawblog.org/?p=81541>byRick Hasen
<http://electionlawblog.org/?author=3>
The Fix reports.
<https://www.washingtonpost.com/news/the-fix/wp/2016/04/05/heres-exactly-how-an-open-republican-convention-would-work/>
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Posted inpolitical parties <http://electionlawblog.org/?cat=25>
“Utah Supreme Court hears arguments over disputed state election
law” <http://electionlawblog.org/?p=81539>
Posted onApril 5, 2016 7:30 am
<http://electionlawblog.org/?p=81539>byRick Hasen
<http://electionlawblog.org/?author=3>
Desert News
<http://www.deseretnews.com/article/865651528/Utah-Supreme-Court-hears-arguments-over-disputed-state-election-law.html?pg=all>:
Utah Supreme Court justices poked at the Utah Republican Party’s
interpretation of a controversial new state election law in a
hearing Monday as hundreds of candidates work to get on the primary
ballot.
Though lawyers for the GOP, Utah Democratic Party or the state
didn’t want to read the tea leaves afterward, questions from
Justices Deno Himonas and Christine Durham might signal where the
court is headed.
Republican Party attorney Marcus Mumford argued that the state can’t
tell political parties how to select their nominees for public office.
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Posted inpolitical parties <http://electionlawblog.org/?cat=25>
“What do parties do? Donald Trump’s candidacy is a good test case.”
<http://electionlawblog.org/?p=81537>
Posted onApril 5, 2016 7:26 am
<http://electionlawblog.org/?p=81537>byRick Hasen
<http://electionlawblog.org/?author=3>
Julia Azari
<http://www.vox.com/mischiefs-of-faction/2016/4/4/11363972/political-parties-trump>for
Vox:
The party’s halting and controversial embrace of his candidacy tells
us something about the ubiquity of parties and about the limits of
their capacity to shape events. But if we treat Trump as primarily a
candidate unfettered by party, his candidacy presents the closest
thing to a “natural experiment” that we are likely to see — and it’s
a good test of our theories about what parties are and what they do.
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Posted inpolitical parties <http://electionlawblog.org/?cat=25>
John Oliver Takes on Congressional Fundraising
<http://electionlawblog.org/?p=81535>
Posted onApril 5, 2016 7:25 am
<http://electionlawblog.org/?p=81535>byRick Hasen
<http://electionlawblog.org/?author=3>
and Long Island wine <https://www.youtube.com/watch?v=Ylomy1Aw9Hk>(and
Rep. Steve Israel).
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,election
law "humor" <http://electionlawblog.org/?cat=52>
“SCOTUS Unanimously Rejects Challenge to ‘One Person, One Vote'”
<http://electionlawblog.org/?p=81533>
Posted onApril 5, 2016 7:23 am
<http://electionlawblog.org/?p=81533>byRick Hasen
<http://electionlawblog.org/?author=3>
Pete Williams and Zack Roth report
<http://www.nbcnews.com/news/us-news/supreme-court-rejects-attempt-dilute-minority-voting-power-n550276>for
NBC News.
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Charles Koch Is Privately Committed To Getting Paul Ryan Nominated
In Cleveland: Source” <http://electionlawblog.org/?p=81531>
Posted onApril 5, 2016 7:15 am
<http://electionlawblog.org/?p=81531>byRick Hasen
<http://electionlawblog.org/?author=3>
HuffPo reports.
<http://www.huffingtonpost.com/entry/charles-koch-paul-ryan-nomination_us_57029099e4b083f5c6082b95>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Once Ruled By Washington Insiders, Campaign Finance Reform Goes
Grassroots” <http://electionlawblog.org/?p=81529>
Posted onApril 5, 2016 7:15 am
<http://electionlawblog.org/?p=81529>byRick Hasen
<http://electionlawblog.org/?author=3>
Peter Overby for NPR:
<http://www.npr.org/2016/04/04/473005036/once-ruled-by-washington-insiders-campaign-finance-reform-goes-grassroots>
The visionary of the new, expanded reform movement is another
professor, Larry Lessig of Harvard Law. He’s written a book about
political money, organized other grassroots groups, even tried
running for president on the issue last year.
At the march, Lessig said the goal is not to undo Citizens United.
“Citizens United was the best thing for the reform movement since
Richard Nixon. What it did was rally people,” he said. But big
donors already had too much sway, he said: “The democracy was
already dead. The Supreme Court might have shot the body, but the
body was already cold.”
The solution, according to Lessig and other progressive advocates:
Government-funded vouchers for small donors, to give them more
clout. Both Clinton and Sanders have endorsed the system.
“That is the single most important change that could happen,” Lessig
said. “And in 10 years it’s gone from being impossible to imagine to
being conventional for both of them.”
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“‘Fully Open’ After Evenwel” <http://electionlawblog.org/?p=81527>
Posted onApril 5, 2016 7:08 am
<http://electionlawblog.org/?p=81527>byRick Hasen
<http://electionlawblog.org/?author=3>
Bauer blogs.
<http://www.moresoftmoneyhardlaw.com/2016/04/fully-open-evenwel/>
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>
All’s Well That Evenwel <http://electionlawblog.org/?p=81525>
Posted onApril 4, 2016 7:23 pm
<http://electionlawblog.org/?p=81525>byRick Hasen
<http://electionlawblog.org/?author=3>
ELB 6/11/15 post: <https://electionlawblog.org/?p=73437>
“All’s Well That Evenwel”
Posted onJune 11, 2015 4:14 pm
<https://electionlawblog.org/?p=73437>byRick Hasen
<https://electionlawblog.org/?author=3>
I just love this headline so much, I hope to revive it in the event
that the Supreme Court rejects the one person, one vote challenge
next term.
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This entry was posted inSupreme Court
<https://electionlawblog.org/?cat=29>byRick Hasen
<https://electionlawblog.org/?author=3>. Bookmark thepermalink
<https://electionlawblog.org/?p=73437>.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“How a Challenge to Legislative Redistricting Backfired”
<http://electionlawblog.org/?p=81523>
Posted onApril 4, 2016 7:20 pm
<http://electionlawblog.org/?p=81523>byRick Hasen
<http://electionlawblog.org/?author=3>
Garrett Epps
<http://www.theatlantic.com/politics/archive/2016/04/supreme-court-evenwel/476769/> on
Evenwel for The Atlantic.
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Americans for Prosperity launches $1 million campaign touting U.S.
Sen. Ron Johnson” <http://electionlawblog.org/?p=81521>
Posted onApril 4, 2016 4:32 pm
<http://electionlawblog.org/?p=81521>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo:
The conservative advocacy group Americans for Prosperity is rolling
out a three-week, $1.1-million campaign in support of U.S. Sen. Ron
Johnson (R-Wis.), part of an early effort by the Koch-backed group
to build a firewall around Senate Republicans….
The pro-Johnson effort comes as the Koch brothers’ political network
and other big-money players are scrambling to insulate congressional
Republicans
<https://www.washingtonpost.com/politics/the-gop--and-its-big-funders--scramble-to-insulate-congress-from-trump/2016/03/23/44b7734c-f10c-11e5-85a6-2132cf446d0a_story.html>from potential
fallout if Donald Trump is at the top of the GOP ticket. In Ohio,
the Freedom Partners Action Fund, a super PAC financed by Charles
Koch and other conservative donors, is runninga TV
spot<https://www.youtube.com/watch?v=31R7f8aDJGw>attacking
Democratic candidate and former governor Ted Strickland for tax
increases during his administration. Another allied group, Concerned
Veterans for America, has taken the lead in running ads praisingSen.
Patrick J. Toomey<https://www.youtube.com/watch?v=9Vbus3yG5MQ>of
Pennsylvania andRep. Joseph J. Heck
<https://www.youtube.com/watch?v=7TpEVs6fiuM>, a Republican seeking
to replace Sen. Harry M. Reid, the chamber’s Democratic leader, in
Nevada.
But the activities of the Koch-backed groups could also provide
fodder for Democrats, who have sought to cast the candidates they
support as beholden to the interests of the billionaire industrialists.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“The DOJ Is Investigating Arizona’s Election Mess”
<http://electionlawblog.org/?p=81519>
Posted onApril 4, 2016 4:30 pm
<http://electionlawblog.org/?p=81519>byRick Hasen
<http://electionlawblog.org/?author=3>
HuffPo
<http://www.huffingtonpost.com/entry/justice-department-arizona_us_5702b720e4b083f5c6085933?y0usn9qiw670ysyvi=>:
The federal government is investigating Arizona’s most populous
county after its dramatic decrease in voting sites led to long lines
during the state’s primary last month.
Elizabeth Bartholomew, communications manager for the the Recorder’s
Office in Maricopa County, said the office received a letter from
the Justice Department’s Civil Rights Division on Friday.
Bartholomew said the feds want specific data about the office’s
reason for cutting the number of polling places. She said the office
“absolutely” plans to cooperate with the investigation and to
provide federal officials with the requested information in the
coming weeks.
“We have no problem cooperating with them, so we should have that
over to them over the next couple of weeks,” she told The Huffington
Post on Monday.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
Evenwel Roundups <http://electionlawblog.org/?p=81517>
Posted onApril 4, 2016 4:25 pm
<http://electionlawblog.org/?p=81517>byRick Hasen
<http://electionlawblog.org/?author=3>
At
SCOTUSBlog<http://www.scotusblog.com/2016/04/afternoon-round-up-todays-opinion-in-evenwel-v-abbott/>andHow
Appealing <http://howappealing.abovethelaw.com/040416.html#066600>.
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Fewer Voting Civil Rights Lawsuits Being Filed”
<http://electionlawblog.org/?p=81515>
Posted onApril 4, 2016 4:11 pm
<http://electionlawblog.org/?p=81515>byRick Hasen
<http://electionlawblog.org/?author=3>
TRAC Reports <http://trac.syr.edu/tracreports/civil/420/>:
The latest available data from the federal courts show that during
February 2016 the government reported 15 new voting civil rights
filings. According to the case-by-case information analyzed by the
Transactional Records Access Clearinghouse (TRAC), this number
compares with 7 civil filings during the previous month. So far
during the first five months of FY 2016 there have been 42 such
filings, including suits that were reopened this year.
The comparisons of the number of civil filings for voting-related
suits are based on case-by-case court records which were compiled
and analyzed by TRAC (see Table 1).
When monthly FY 2016 civil rights filings of this type are compared
with those of the same period in the previous year, their number was
up. However, compared with the same period five years ago, the data
show that voting civil rights lawsuits are down 40.4 percent from
levels reported in FY 2011.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Federalism and the Electoral College: The Development of the
General Ticket Method for Selecting Presidential Electors”
<http://electionlawblog.org/?p=81513>
Posted onApril 4, 2016 4:07 pm
<http://electionlawblog.org/?p=81513>byRick Hasen
<http://electionlawblog.org/?author=3>
Robert Ross
<http://publius.oxfordjournals.org/content/46/2/147.abstract>for Publius:
This article contributes to our understanding of the development of
the federal aspect of the Electoral College by analyzing how and why
states adopted the general ticket method currently used by all but
two states. I examine early state experimentation with methods of
choosing presidential electors, at a time when several prominent
founders viewed the district system as the most principled method. I
also focus on developments after the 1824 election, when Congress
rejected a constitutional amendment requiring states to adopt the
district system and the general ticket system grew in popularity. I
show that it was in the course of these debates in the 1820s that
the general ticket system acquired a new principled defense: that it
best represented state majorities in the presidential selection
process. This analysis enhances our understanding of one of the
political safeguards of federalism, by explaining the entrenchment
of state authority over the mode of choosing electors as well as
adoption and justification of the general ticket system.
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Posted inelectoral college <http://electionlawblog.org/?cat=44>
“West Virginia becomes a pioneer in voter registration”
<http://electionlawblog.org/?p=81511>
Posted onApril 4, 2016 4:05 pm
<http://electionlawblog.org/?p=81511>byRick Hasen
<http://electionlawblog.org/?author=3>
Observer-Reporter
<http://www.observer-reporter.com/20160402/west_virginia_becomes_a_pioneer_in_voter_registration>:
And yet, last week, West Virginia found some common ground with
Oregon and California – it followed in the footsteps of those two
states by approving a measure that would automatically register its
citizens to vote once they interact with the state’s Department of
Motor Vehicles.
Considering West Virginia doesn’t have a reputation for being a
progressive bastion, it’s surprising it has become only the third
state in the country to take this step, ahead of more likely
suspects like Vermont, Massachusetts or Rhode Island. But automatic
registration was tacked onto a voter ID bill by Democrats in the
legislature and, in stark opposition to their counterparts
elsewhere, Republicans went along with it. In fact, Bill Cole, a
Republican and the president of West Virginia’s Senate, remarked “If
managed properly, automatic registration is a great benefit to our
citizens and will encourage more people to go to the polls.”
This is actually the kind of compromise I argued for at the end ofThe
Voting Wars
<http://www.amazon.com/The-Voting-Wars-Election-Meltdown/dp/0300198248>(but
on a national scale).
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Republicans and Voter Suppression”
<http://electionlawblog.org/?p=81509>
Posted onApril 4, 2016 3:43 pm
<http://electionlawblog.org/?p=81509>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT editorial.
<http://www.nytimes.com/2016/04/05/opinion/republicans-and-voter-suppression.html?smprod=nytcore-iphone&smid=nytcore-iphone-share>
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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>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
“Supreme Court Rejects Challenge on ‘One Person One Vote’”
<http://electionlawblog.org/?p=81507>
Posted onApril 4, 2016 3:39 pm
<http://electionlawblog.org/?p=81507>byRick Hasen
<http://electionlawblog.org/?author=3>
Adam Liptak
<http://www.nytimes.com/2016/04/05/us/politics/supreme-court-one-person-one-vote.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region®ion=top-news&WT.nav=top-news>for
the NYT:
TheSupreme Court
<http://topics.nytimes.com/top/reference/timestopics/organizations/s/supreme_court/index.html?inline=nyt-org>unanimously
ruled <http://www.supremecourt.gov/opinions/15pdf/14-940_ed9g.pdf>on
Monday that states may count all residents, whether or not they are
eligible to vote, in drawing election districts. The decision was a
major statement on the meaning of a fundamental principle of the
American political system, that of “one person one vote.”
“We hold, based on constitutional history, this court’s decisions
and longstanding practice, that a state may draw its legislative
districts based on total population,” JusticeRuth Bader Ginsburg
<http://topics.nytimes.com/top/reference/timestopics/people/g/ruth_bader_ginsburg/index.html?inline=nyt-per>wrote
for the court.
As a practical matter, the ruling mostly helped Democrats and upheld
the status quo.
But until this decision, the court had never resolved whether voting
districts should contain roughly the same number of people or the
same number of eligible voters. Counting all people amplifies the
voting power of places that have large numbers of residents who
cannot vote legally — including immigrants who are here legally but
are not citizens, illegal immigrants and children. Those places tend
to be urban and to vote Democratic.
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Supreme Court Upholds ‘One Person, One’ Vote Principle”
<http://electionlawblog.org/?p=81505>
Posted onApril 4, 2016 3:35 pm
<http://electionlawblog.org/?p=81505>byRick Hasen
<http://electionlawblog.org/?author=3>
Nina Totenberg reports
<http://www.npr.org/2016/04/04/473004964/supreme-court-upholds-one-person-one-vote-principle>for
NPR’s All Things Considered.
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Supreme Court rejects voting-district challenge that would have
weakened Los Angeles’s clout” <http://electionlawblog.org/?p=81501>
Posted onApril 4, 2016 10:17 am
<http://electionlawblog.org/?p=81501>byRick Hasen
<http://electionlawblog.org/?author=3>
David Savage reports
<http://www.latimes.com/nation/la-na-court-voting-districts-20160404-story.html>for
the LAT.
Share
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Control of state courts becomes a top political battleground”
<http://electionlawblog.org/?p=81499>
Posted onApril 4, 2016 10:12 am
<http://electionlawblog.org/?p=81499>byRick Hasen
<http://electionlawblog.org/?author=3>
AP reports.
<http://bigstory.ap.org/article/0b62b60670b148ab9611a5a8b58cb48f/control-state-courts-becomes-top-political-battleground>
Share
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Supreme Court Says States May Continue To Use Total Population In
Deciding Districts” <http://electionlawblog.org/?p=81497>
Posted onApril 4, 2016 10:12 am
<http://electionlawblog.org/?p=81497>byRick Hasen
<http://electionlawblog.org/?author=3>
<http://www.buzzfeed.com/chrisgeidner/supreme-court-says-states-may-continue-to-use-total-populati#.gw0yk0D6W>Chris
Geidner writes
<http://www.buzzfeed.com/chrisgeidner/supreme-court-says-states-may-continue-to-use-total-populati#.gw0yk0D6W>for
BuzzFeed.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
--
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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