[EL] ELB News and Commentary 4/6/16
Rick Hasen
rhasen at law.uci.edu
Wed Apr 6 07:37:11 PDT 2016
Two Cheers for Corporate Political Activism
<http://electionlawblog.org/?p=81603>
Posted onApril 6, 2016 7:34 am
<http://electionlawblog.org/?p=81603>byRick Hasen
<http://electionlawblog.org/?author=3>
I have writtenthis oped
<http://blogs.reuters.com/great-debate/2016/04/05/corporations-may-be-progressive-but-that-still-doesnt-make-them-people/>for
Reuters (with a headline I really don’t like). It begins:
Conservatives
<https://urldefense.proofpoint.com/v2/url?u=https-3A__twitter.com_jadler1969_status_714462660046299138&d=CwMDaQ&c=4ZIZThykDLcoWk-GVjSLm9hvvvzvGv0FLoWSRuCSs5Q&r=6_YVtp-PIP2cnboviHDqvRYY6Py_ZdIcHRj1ni_HIsxG56iheF9WHS_Vj2kQ9yEU&m=t3L_prYmVkb8SFuGmBx5gtOzTXuJvzxlaE9A98W7vcU&s=H6sWJLvO57DZhmpI4XGgUgOqFQ1pGvSdK4lm_wsJFWo&e=>werequick
<https://urldefense.proofpoint.com/v2/url?u=https-3A__twitter.com_AdamKissel_status_712966950817808385&d=CwMDaQ&c=4ZIZThykDLcoWk-GVjSLm9hvvvzvGv0FLoWSRuCSs5Q&r=6_YVtp-PIP2cnboviHDqvRYY6Py_ZdIcHRj1ni_HIsxG56iheF9WHS_Vj2kQ9yEU&m=t3L_prYmVkb8SFuGmBx5gtOzTXuJvzxlaE9A98W7vcU&s=5RZ2dY9WeJvyDoVSRaJKvlWeIrWImVkuvoZxC5mv_Vk&e=>topounce
<https://urldefense.proofpoint.com/v2/url?u=https-3A__twitter.com_SShackford_status_713043011664351233&d=CwMDaQ&c=4ZIZThykDLcoWk-GVjSLm9hvvvzvGv0FLoWSRuCSs5Q&r=6_YVtp-PIP2cnboviHDqvRYY6Py_ZdIcHRj1ni_HIsxG56iheF9WHS_Vj2kQ9yEU&m=t3L_prYmVkb8SFuGmBx5gtOzTXuJvzxlaE9A98W7vcU&s=SCHUwv85bS3J0qdDqAUGDXqomKcI5fbWvbb6KLgeye4&e=>on
liberals who cheered the corporations that objected toa Georgia bill
<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.nytimes.com_aponline_2016_03_30_us_ap-2Dus-2Dreligious-2Dexemptions-2Dpolitics.html&d=CwMDaQ&c=4ZIZThykDLcoWk-GVjSLm9hvvvzvGv0FLoWSRuCSs5Q&r=6_YVtp-PIP2cnboviHDqvRYY6Py_ZdIcHRj1ni_HIsxG56iheF9WHS_Vj2kQ9yEU&m=t3L_prYmVkb8SFuGmBx5gtOzTXuJvzxlaE9A98W7vcU&s=hQ99hnrQPQu8A5Qk8mrV253QqZoPWpkA2_-tiuGHTIY&e=>that
would have allowed some forms of discrimination against the lesbian,
gay, bisexual or transgender (LGBT) community. It could well have
been corporate pressure that convinced Georgia Governor Nathan Deal
to veto the bill.
What hypocrites, conservatives charged, for liberals to applaud this
corporate political activity, which benefitted the progressive side,
and condemn the U.S. Supreme Court’s 2010 decision in/Citizens
United v. Federal Election Commission/
<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.law.cornell.edu_supct_html_08-2D205.ZS.html&d=CwMDaQ&c=4ZIZThykDLcoWk-GVjSLm9hvvvzvGv0FLoWSRuCSs5Q&r=6_YVtp-PIP2cnboviHDqvRYY6Py_ZdIcHRj1ni_HIsxG56iheF9WHS_Vj2kQ9yEU&m=t3L_prYmVkb8SFuGmBx5gtOzTXuJvzxlaE9A98W7vcU&s=dbmFRe0lTf3vHfW8Zfje2RYcXdpXixFBE0fF5MZqzXM&e=>,
which held that corporations have a First Amendment right to spend
money independent of candidates to influence their election.
In fact, corporations before/Citizens United/had an important role
to play in the U.S. political system — and they continue to play
that role. Thoughtful critics of/Citizens United/don’t contend that
corporations should have no political rights. Rather, they claim,
corporations should be able to take political stands but not to turn
their immense wealth into disproportionate political influence.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Office of Congressional Ethics Cites Possible Violations by Alan
Grayson” <http://electionlawblog.org/?p=81601>
Posted onApril 6, 2016 7:32 am
<http://electionlawblog.org/?p=81601>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT:
<http://www.nytimes.com/2016/04/06/us/politics/alan-grayson-florida.html?ref=politics&_r=0>
Representative Alan Grayson, Democrat of Florida, may have
improperly used his House office and staff to handle personal
financial matters involving a family-run hedge fund as well as
political activities related to his bid for the United States
Senate, the Office of Congressional Ethics concluded in a 986-page
investigation released Tuesday.
The report, which found as many as a half dozen violations of House
rules,
<https://ethics.house.gov/sites/ethics.house.gov/files/Rep.%20Grayson%20Report%20and%20Findings_0.pdf>provoked
an angry response from Mr. Grayson, who accused the
quasi-independent agency of conspiring with his Democratic opponent
for the Senate seat.
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Posted inconflict of interest laws
<http://electionlawblog.org/?cat=20>,ethics investigations
<http://electionlawblog.org/?cat=42>
“What if the Supreme Court Were Liberal?”
<http://electionlawblog.org/?p=81599>
Posted onApril 6, 2016 7:30 am
<http://electionlawblog.org/?p=81599>byRick Hasen
<http://electionlawblog.org/?author=3>
Erwin Chemerinsky (my boss) inThe Atlantic
<http://www.theatlantic.com/politics/archive/2016/04/what-if-the-supreme-court-were-liberal/477018/>:
*Campaign finance*. In recent years, the Roberts Court has struck
down a number of federal and state laws regulating campaign finance.
Most famously, in Citizens United v. Federal Election Commission in
2010, the Court held that corporations have the right to spend
unlimited amounts of money to get candidates for public office
elected or defeated. It is likely that a Democratic majority on the
Court would overrule this highly controversial decision. Just seven
years earlier, in McConnell v. Federal Election Commission, the
Court had upheld the very provisions that were declared
unconstitutional in Citizens United. A Court controlled by
Democratic appointees would likely overrule Citizens United and say
that it is returning to its earlier approach.
*Congressional power*. Conservatives on the Court long have wanted
to limit the scope of congressional power. For example, in 2013, in
Shelby County, Alabama v. Holder, the Court struck down key
provisions of the Voting Rights Act of 1965. This was the first time
since the 19th century that the Court invalidated a federal
civil-rights law dealing with race. In many states, it has led to
significant new obstacles on the ability of minority voters to
participate in elections. A Supreme Court with five Democrats would
likely reverse this ruling and also be much more likely to uphold
congressional power to regulate interstate commerce and to tax and
spend for the general welfare.
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>
“Republican Larry Hogan really wants redistricting reform. He wrote
to Obama about it.” <http://electionlawblog.org/?p=81597>
Posted onApril 6, 2016 7:28 am
<http://electionlawblog.org/?p=81597>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo reports.
<https://www.washingtonpost.com/local/md-politics/republican-larry-hogan-really-wants-redistricting-reform-he-wrote-to-obama-about-it/2016/04/06/23639584-fb7c-11e5-9140-e61d062438bb_story.html>
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Posted inredistricting <http://electionlawblog.org/?cat=6>
“SCOTUS Rules Districts Be Drawn by Total Population, Not Voter
Numbers” <http://electionlawblog.org/?p=81595>
Posted onApril 6, 2016 7:25 am
<http://electionlawblog.org/?p=81595>byRick Hasen
<http://electionlawblog.org/?author=3>
Brentin Mock
<http://www.citylab.com/politics/2016/04/scotus-rules-that-districts-be-drawn-by-population-not-voter-numbers/476787/>for
CityLab.
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Rebecca Bradley beats JoAnne Kloppenburg in high court race”
<http://electionlawblog.org/?p=81593>
Posted onApril 6, 2016 7:22 am
<http://electionlawblog.org/?p=81593>byRick Hasen
<http://electionlawblog.org/?author=3>
Milwaukee Journal-Sentinel:
<http://www.jsonline.com/news/statepolitics/wisconsin-supreme-court-race-joanne-kloppenburg-vs-rebecca-bradley-b99698483z1-374671861.html>
State Supreme Court Justice Rebecca Bradley was elected to a 10-year
term Tuesday, overcoming a challenge from Appeals Court Judge JoAnne
Kloppenburg and keeping the job Gov. Scott Walker appointed her to
in the fall.
Boosted by heavy turnout in the Republican presidential primary,
Bradley overcame criticism that dominated headlines for days about
her college writings calling gays “queers,” comparing abortion to
slavery and dubbing voters as stupid or evil for electing Bill
Clinton president in 1992.
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Posted injudicial elections <http://electionlawblog.org/?cat=19>
“Grothman: Voter ID law will help eventual GOP nominee win
Wisconsin” <http://electionlawblog.org/?p=81591>
Posted onApril 6, 2016 7:21 am
<http://electionlawblog.org/?p=81591>byRick Hasen
<http://electionlawblog.org/?author=3>
We’ve seen this before.
<http://www.tmj4.com/news/local-news/grothman-voter-id-law-will-help-eventual-gop-nominee-win-wisconsin>
But I’m sure Rep. Grothman would say (incorrectly) that the reasons
photo id lets Republicans win elections is because it stops Democratic
voter fraud. It is a key talking point of the fraudulent fraud squad.
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Posted infraudulent fraud squad <http://electionlawblog.org/?cat=8>,The
Voting Wars <http://electionlawblog.org/?cat=60>
“Could Citizens United Help Foreign Billionaires Buy This Election?
An FEC Commissioner Speaks Out” <http://electionlawblog.org/?p=81589>
Posted onApril 6, 2016 7:11 am
<http://electionlawblog.org/?p=81589>byRick Hasen
<http://electionlawblog.org/?author=3>
FEC Commissioner
Weintraub<http://www.democracynow.org/2016/4/5/could_citizens_united_help_foreign_billionaires>on
Democracy Now.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
“Outside super PACs help fuel GOP delegate wars”
<http://electionlawblog.org/?p=81587>
Posted onApril 6, 2016 7:03 am
<http://electionlawblog.org/?p=81587>byRick Hasen
<http://electionlawblog.org/?author=3>
Fredreka Schouten
<http://www.usatoday.com/story/news/politics/elections/2016/04/05/outside-super-pacs-republican-delegates-trump-cruz/82662696/>for
USA Today:
The GOP presidential candidates aren’t the only ones calling,
texting, emailing, schmoozing and all-out lobbying the men and women
likely to be delegates to the Republican National Convention.
The deep-pocketed outside groups known as super PACs have joined the
frantic, behind-the-scenes campaign now underway across the country
to influence the 2,472 delegates poised to play an outsize role in
what could be the Republican Party’s first contested convention in
four decades.
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“Trump campaign accuses ‘Lyin’ Ted’ of crime after Wisconsin loss”
<http://electionlawblog.org/?p=81585>
Posted onApril 6, 2016 7:00 am
<http://electionlawblog.org/?p=81585>byRick Hasen
<http://electionlawblog.org/?author=3>
Washington Times
<http://www.washingtontimes.com/news/2016/apr/5/donald-trump-campaign-accuses-ted-cruz-crime-after/>:
onald Trump’s campaign accused Sen. Ted Cruz of breaking federal law
by coordinating with an anti-Trump political action committee after
Mr. Trump lost the Wisconsin GOP presidential primary to the Texan
on Tuesday.
Mr. Trump did not speak after the primary, but in a statement his
campaign said Mr. Cruz has now become the voice of the GOP
establishment, and said party leaders were “attempting to steal the
nomination from Mr. Trump.”
…
The statement offered no evidence, nor did it name the PAC it had in
mind.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Do Political Business in the Daylight”
<http://electionlawblog.org/?p=81583>
Posted onApril 6, 2016 6:48 am
<http://electionlawblog.org/?p=81583>byRick Hasen
<http://electionlawblog.org/?author=3>
Bruce Freed and Marian CurrinderUS News oped
<http://www.usnews.com/news/the-report/articles/2016-04-06/corporate-money-is-playing-a-shadowy-role-in-2016-politics>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Bad Day In St. Louis: Severe Ballot Shortages Plague Municipal
Elections” <http://electionlawblog.org/?p=81581>
Posted onApril 6, 2016 6:46 am
<http://electionlawblog.org/?p=81581>byRick Hasen
<http://electionlawblog.org/?author=3>
Doug Chapin
<http://editions.lib.umn.edu/electionacademy/2016/04/06/bad-day-in-st-louis-severe-ballot-shortages-plague-municipal-elections/>:
For many people in the election world, the place to watch yesterday
was the state of Wisconsin, which held its hotly-contested,
high-turnout presidential primary in the wake of major changes to
the state’s election system including introduction of voter ID
requirements.
The place that no one was watching until yesterday was the one that
had a very bad day: St. Louis County, MO. There, widespread ballot
shortages turned the County’s municipal elections into a mess,
including court action and calls for state and local investigations.
The St. Louis Post-Dispatchhas more
<http://www.stltoday.com/news/local/govt-and-politics/outcry-over-election-day-ballot-shortages-in-st-louis-county/article_47b0e5d7-3d0b-5bf0-b18f-175ff20224d2.html>….
There are several factors at work here: first, the fact that the two
elections were so close together undoubtedly resulted in divided
attention, complicated by the fact that the two elections were being
run with different technology. Second, the use of paper ballots left
the County little room for error because they, arguably, require the
greatest amount of pre-planning due to the need to ensure that there
are enough ballots of the right kind in each polling place. Finally,
there was error – someone(s) made significant mistakes in printing,
allocation and/or delivery. It will be fascinating to see what turns
up in the many different calls for an investigation.
/[Side note: This is the second story in recent weeks (the first
being Cincinnati after anElection Day highway shutdown
<http://www.wlwt.com/news/court-order-to-keep-polls-in-southwest-ohio-open-sends-poll-workers-scrambling/38535056>)
where a court order to extend voting came too late to keep most
polls open. It’s not clear whether this is a matter of courts not
moving quickly enough, delay on the part of litigants seeking the
delay or both, but a court order to extend voting after the polls
have closed is just about the worst possible outcome because it
creates even more work and confusion at a time when neither is
helpful.]/
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Posted inelection administration <http://electionlawblog.org/?cat=18>
Near Final Version of My “Reining in the Purcell Principle” Paper
Now Available <http://electionlawblog.org/?p=81579>
Posted onApril 5, 2016 1:25 pm
<http://electionlawblog.org/?p=81579>byRick Hasen
<http://electionlawblog.org/?author=3>
Coming out soon in FSU L Rev, but now atSSRN
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2545676>:
About a month before the 2014 election, the United States Supreme
Court issued a series of four extraordinary orders in election law
cases. Without any explanation, the Court: stayed a district court
order which would have required Ohio to restore extra days of early
voting; stayed a Fourth Circuit order (partially reversing a
district court) which would have restored same day voter
registration and the counting of certain provisional ballots in
North Carolina; vacated a Seventh Circuit stay of a district court
order barring Wisconsin from implementing its new strict voter
identification law; and refused to vacate a Fifth Circuit stay of a
district court order which would have barred Texas from continuing
to use its new strict voter identification law. The district court,
after a trial on the merits, had declared Texas’s law
unconstitutional and in violation of the Voting Rights Act.
The orders appeared contradictory, for example by allowing strict
voter identification requirements to be used on Election Day 2014 in
Texas but not Wisconsin. But the apparent common thread was the
Supreme Court’s application of “the Purcell principle:” the idea
that courts should not issue orders which change election rules in
the period just before the election. This idea has appeared in
earlier Supreme Court cases, most prominently in Purcell v.
Gonzalez, a 2006 short per curiam case in which the Court vacated a
Ninth Circuit injunction which had temporarily blocked use of
Arizona’s strict new voter identification law. In this symposium
Article, I argue the Supreme Court should rein in the Purcell
principle. Certainly the potential for voter confusion and electoral
chaos raise a strong public interest argument against last minute
changes in election rules. But under normal Supreme Court remedial
standards for considering stays and injunctions, the effect of a
court order on the public interest is only one factor to consider.
Although the precise test the Court uses in these emergency
situations is somewhat fluid and uncertain, there is no doubt that
ordinarily the Court considers the likelihood of success on the
merits and relative hardship to the parties as two crucial factors
in deciding whether to grant or vacate a stay or impose an
injunction. By making the Purcell principle paramount, the Court
runs the risk of issuing orders which can disenfranchise voters or
impose significant burdens on election administrators for no good
reason. Had the Court applied all the ordinary appropriate factors
for emergency relief to the four 2014 election cases, in addition to
special concerns attendant in election cases, there is a strong
argument it would have reached a different decision in at least the
Texas case and potentially in the North Carolina case.
Part I of this Article explains the tests the Court applies in
considering emergency stays and related orders, arguing that the
Purcell principle should properly be understood not as a stand-alone
rule but instead as relevant to one of the factors (the public
interest) the Court usually considers. Part II applies the proper
standards to the four 2014 emergency election cases considered by
the Supreme Court, arguing that the Court got it wrong in at least
the Texas case and possibly in the North Carolina case. Part III
briefly argues that, regardless of whether the Supreme Court agrees
with this call to rein in the Purcell principle, the Court should
issue opinions, even weeks or months after the Court acts in an
emergency elections case, explaining its reasoning. Such opinions
would provide valuable guidance to lower courts considering election
cases and help legitimize the Court’s actions by making them more
transparent. It also might discipline the Justices to decide
controversial cases more consistently.
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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>
“How White Georgia Republicans Are Derailing an African-American
Candidate” <http://electionlawblog.org/?p=81577>
Posted onApril 5, 2016 11:42 am
<http://electionlawblog.org/?p=81577>byRick Hasen
<http://electionlawblog.org/?author=3>
Spencer Woodman
<https://newrepublic.com/article/132398/white-georgia-republicans-derailing-african-american-candidate>for
TNR.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Faulty state records could disqualify Democratic candidate in
Georgia” <http://electionlawblog.org/?p=81575>
Posted onApril 5, 2016 11:42 am
<http://electionlawblog.org/?p=81575>byRick Hasen
<http://electionlawblog.org/?author=3>
AJC
<http://www.ajc.com/news/news/state-regional-govt-politics/faulty-state-records-could-disqualify-democratic-c/nqy2n/>:
James Williams qualified weeks ago as the only challenger to a
Republican incumbent state lawmaker in South Georgia, one of a host
of Democrats trying to tilt the balance at the state Legislature in
this statewide election year.
But now the Georgia Secretary of State’s Office — which keeps the
official records used by political parties to qualify candidates —
says its records were wrong about which district Williams lives in,
likely disqualifying him from the race.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Meet the Brains Behind the Effort to Get the Supreme Court to
Rethink Civil Rights” <http://electionlawblog.org/?p=81573>
Posted onApril 5, 2016 11:39 am
<http://electionlawblog.org/?p=81573>byRick Hasen
<http://electionlawblog.org/?author=3>
Stephanie Mencimer
<http://www.motherjones.com/politics/2016/04/edward-blum-supreme-court-affirmative-action-civil-rights>in
MoJo on Ed Blum.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Investors Push for Fuller Picture of Corporate Political
Contributions” <http://electionlawblog.org/?p=81571>
Posted onApril 5, 2016 11:35 am
<http://electionlawblog.org/?p=81571>byRick Hasen
<http://electionlawblog.org/?author=3>
WSJ
<http://www.wsj.com/articles/investors-push-for-fuller-picture-of-corporate-political-contributions-1459820285>:
With an especially contentious campaign season in full swing,
corporate political spending is a hot topic this proxy season.
Though regulators don’t require it, more than half the S&P 500
companies make some effort to disclose their political activities or
spending policies, according to an October study by the Center for
Political Accountability and the Wharton School’s Zicklin Center for
Business Ethics Research.
Investors, however, are demanding a fuller picture of companies’
political giving and lobbying efforts.
More than 100 resolutions on the subject have been, or could be,
presented to the largest U.S. companies, according to ISS Voting
Analytics. That figure is based on proposals filed as of Monday,
plus a tally of proponents who say they plan to propose similar ones.
Share
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Counting All Persons is the ‘Theory of the Constitution’ When It
Comes to Representation” <http://electionlawblog.org/?p=81569>
Posted onApril 5, 2016 11:23 am
<http://electionlawblog.org/?p=81569>byRick Hasen
<http://electionlawblog.org/?author=3>
David Gans
<http://balkin.blogspot.com/2016/04/counting-all-persons-is-theory-of.html>on
Evenwel.
Share
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Bernie Sanders and Hillary Clinton’s Fossil Fuel Money Fight: A
Closer Look” <http://electionlawblog.org/?p=81566>
Posted onApril 5, 2016 11:09 am
<http://electionlawblog.org/?p=81566>byRick Hasen
<http://electionlawblog.org/?author=3>
Seth Meyers video. <https://www.youtube.com/watch?v=8iCLhyfC3_8>
Share
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
Who Do People Think Should Be Allowed to Vote?
<http://electionlawblog.org/?p=81564>
Posted onApril 5, 2016 11:06 am
<http://electionlawblog.org/?p=81564>byRick Hasen
<http://electionlawblog.org/?author=3>
A
roundup<http://www.themorningnews.org/article/the-law-of-the-instrument>of
letters to the editor.
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81564&title=Who%20Do%20People%20Think%20Should%20Be%20Allowed%20to%20Vote%3F&description=>
Posted invoting <http://electionlawblog.org/?cat=31>
“Analysis: In Texas Case, Supreme Court Rules Nonvoters are People,
Too” <http://electionlawblog.org/?p=81562>
Posted onApril 5, 2016 10:59 am
<http://electionlawblog.org/?p=81562>byRick Hasen
<http://electionlawblog.org/?author=3>
Ross Ramsey
<https://www.texastribune.org/2016/04/05/analysis-texas-case-supreme-court-rules-nonvoters-/>for
the Texas Tribune:
The court ruled that Texas “may” use population as the basis for the
size of its legislative districts. It didn’t say it must, however
— that’s not the question the court was asked.
Want to squint at that? The court left open the possibility that
states could legally use another method, like drawing districts that
have unequal numbers of residents but equal numbers of eligible
voters. All the state has to do is “use any neutral
nondiscriminatory population baseline, including total population,
when drawing state and local legislative districts,” Ginsburg wrote.
It boils down to a question of which differences to correct: Is it
better to give each voter an equal say in who represents them, or to
give each resident equal access to an officeholder who has been
elected? Is this about citizens, voters or residents? For
congressional districts, it’s the third group: Per the U.S.
Constitution, each of a state’s congressional districts has to have
the same number of people in it when the political maps are drawn.
Share
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>
“District Fight May Persist in Texas After Supreme Court Ruling”
<http://electionlawblog.org/?p=81560>
Posted onApril 5, 2016 10:57 am
<http://electionlawblog.org/?p=81560>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT
<http://www.nytimes.com/2016/04/05/us/district-fight-may-persist-in-texas-after-supreme-court-ruling.html>:
Thecourt said unanimously
<http://www.supremecourt.gov/opinions/15pdf/14-940_ed9g.pdf>that the
state could take into account all of its 27 million residents when
it carves its territory into voting districts for the State Senate,
regardless of whether they can vote in elections. It was a setback
for conservatives who want to limit that redistricting population to
eligible voters, and a resounding affirmation of the
one-person-one-vote principle that has governed most redistricting
nationwide for decades.
But it was probably not the final word because the court was silent
on whether any other population formula could be used to draw new
voting districts. And within hours, advocates on both sides of the
issue indicated that Texas or another conservative-dominated state
was bound to do just that, probably after the 2020 census triggers a
new round of redistricting nationwide.
“This has been an issue that has bubbled up in the courts and in the
realm of social science pretty consistently,” said Edward Blum, the
president of theProject on Fair Representation
<https://www.projectonfairrepresentation.org/>, the conservative
advocacy group that brought the lawsuit. He said the group would
urge political officials to abandon the one-person-one-vote formula
for a more limited guideline, something that almost certainly would
lead to a second court battle. And the state of Texas, the defendant
in the group’s lawsuit, indicated in court filings that it would
prefer to have that option.
“The big case isn’t this case, but the next case,” said Daniel P.
Tokaji, a professor at Ohio State’s Mortiz College of Law and an
authority on elections law.
Share
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Organization helps people with voter ID law”
<http://electionlawblog.org/?p=81558>
Posted onApril 5, 2016 10:56 am
<http://electionlawblog.org/?p=81558>byRick Hasen
<http://electionlawblog.org/?author=3>
WISC
<http://www.channel3000.com/news/organization-helps-people-with-voter-id-law/38867998>on
the indispensable VoteRiders.
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81558&title=%26%238220%3BOrganization%20helps%20people%20with%20voter%20ID%20law%26%238221%3B&description=>
Posted inelection administration <http://electionlawblog.org/?cat=18>
“Fox’s Napolitano Falsely Claims SCOTUS’ Unanimous Voting Rights
Decision Could Allow Undocumented Immigrants To Vote”
<http://electionlawblog.org/?p=81556>
Posted onApril 5, 2016 10:18 am
<http://electionlawblog.org/?p=81556>byRick Hasen
<http://electionlawblog.org/?author=3>
Media Matters reports.
<http://mediamatters.org/video/2016/04/05/foxs-napolitano-falsely-claims-scotus-unanimous/209746>
Share
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Ex-felons become voters as Maryland primary approaches”
<http://electionlawblog.org/?p=81554>
Posted onApril 5, 2016 9:11 am
<http://electionlawblog.org/?p=81554>byRick Hasen
<http://electionlawblog.org/?author=3>
Important
story<http://www.baltimoresun.com/news/maryland/politics/bs-md-voter-signup-20160331-story.html>in
the Baltimore Sun.
Share
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Posted infelon voting <http://electionlawblog.org/?cat=66>
“Inside Trump’s ‘privatized mercenary force;’ The security team that
patrols the billionaire’s rallies has a history of rough tactics,
allegations of profiling” <http://electionlawblog.org/?p=81552>
Posted onApril 5, 2016 8:07 am
<http://electionlawblog.org/?p=81552>byRick Hasen
<http://electionlawblog.org/?author=3>
Politico reports.
<http://www.politico.com/story/2016/04/inside-trumps-security-juggernaut-221543>
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81552&title=%26%238220%3BInside%20Trump%26%238217%3Bs%20%26%238216%3Bprivatized%20mercenary%20force%3B%26%238217%3B%20The%20security%20team%20that%20patrols%20the%20billionaire%26%238217%3Bs%20rallies%20has%20a%20history%20of%20rough%20tactics%2C%20allegations%20of%20profiling%26%238221%3B&description=>
Posted inUncategorized <http://electionlawblog.org/?cat=1>
Top Recent Downloads in Election Law on SSRN
<http://electionlawblog.org/?p=81550>
Posted onApril 5, 2016 8:05 am
<http://electionlawblog.org/?p=81550>byRick Hasen
<http://electionlawblog.org/?author=3>
Here
<http://papers.ssrn.com/sol3/topten/topTenResults.cfm?groupingId=991929&netorjrnl=jrnl>:
*RECENT TOP PAPERS*for all papers first announced in the last 60
days<http://papers.ssrn.com/publicRss/rssManagerInc.cfm?journalId=991929>
/5 Feb 2016 through 5 Apr 2016/
Rank Downloads Paper Title
1 896 *Why Ted Cruz Is Not a Natural Born Citizen Eligible to Be
President and Why the Issue Is Not a Political Question*
<http://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2748863>
Einer Elhauge
<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=120908>
Harvard Law School
/Date posted to database: /18 Mar 2016
/Last Revised: /24 Mar 2016
2 152 *Quadratic Election Law*
<http://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2741311>
Eric A. Posner
<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=33688>andNicholas
Stephanopoulos
<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=636048>
University of Chicago – Law School and University of Chicago Law School
/Date posted to database: /4 Mar 2016
/Last Revised: /4 Mar 2016
3 114 *Judicial Perceptions of Electoral Psychology and the Deep
Patterns of Campaign Finance Law*
<http://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2747403>
Jacob Eisler
<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1625495>
Harvard University
/Date posted to database: /15 Mar 2016
/Last Revised: /22 Mar 2016
4 98 *Speech-Facilitating Conduct*
<http://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2725493>
Jud Campbell
<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1797821>
Stanford Law School
/Date posted to database: /1 Feb 2016
/Last Revised: /1 Feb 2016
5 91 *Inconvenient Truth: Originalism, Democratic Theory and the
Reapportionment Cases*
<http://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2753586>
Earl M. Maltz
<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=462921>
Rutgers Law School
/Date posted to database: /24 Mar 2016
/Last Revised: /24 Mar 2016
6 81 *De Facto Class Actions? Injunctive Relief in Election Law,
Voting Rights, and Other Constitutional Cases*
<http://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2728724>
Michael T. Morley
<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2159971>
Barry University School of Law
/Date posted to database: /8 Feb 2016
/Last Revised: /16 Feb 2016
7 81 *The Amendment Diversion: How Clinton, the Democrats, and Even
Sanders Distract Attention from Effective Strategies for Too Much Money
in Politics by Promoting Futile Remedies — Book I: Hillary Clinton and
the Dark Money Disclosure ‘Pillar’*
<http://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2722336>
Rob Hager <http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2503056>
MOP
/Date posted to database: /1 Feb 2016
/Last Revised: /23 Mar 2016
8 80 *Neutral Principles and Some Campaign Finance Problems*
<http://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2733768>
John O. McGinnis
<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=222776>
Northwestern University – School of Law
/Date posted to database: /19 Feb 2016
/Last Revised: /19 Feb 2016
9 70 *From Selma to Ferguson: The Voting Rights Act as a Blueprint for
Police Reform* <http://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2731347>
Jason Mazzone
<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=356347>andStephen
Rushin <http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1630706>
University of Illinois College of Law and University of Alabama – School
of Law
/Date posted to database: /13 Feb 2016
/Last Revised: /26 Feb 2016
10 75 *The Appearance and the Reality of/Quid Pro Quo/Corruption: An
Empirical Investigation*
<http://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2740615>
Christopher T. Robertson
<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=769387>,D. Alex
Winkelman
<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2278041>,Kelly
Bergstrand
<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2416962>andDarren
Modzelewski
<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2416960>
University of Arizona – James E. Rogers College of Law, University of
Arizona – James E. Rogers College of Law, University of Texas at
Arlington – Department of Sociology and Anthropology and University of
Arizona
/Date posted to database: /4 Mar 2016
/Last Revised: /4 Mar 2016
Share
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Conservatives pounce over Garland meetings”
<http://electionlawblog.org/?p=81548>
Posted onApril 5, 2016 8:05 am
<http://electionlawblog.org/?p=81548>byRick Hasen
<http://electionlawblog.org/?author=3>
Politico
<http://www.politico.com/story/2016/04/kelly-ayotte-meet-merrick-garland-supreme-court-221538>:
First, the right pounced on Jerry Moran after the Kansas senator
cracked the door open to a hearing for Supreme Court nominee Merrick
Garland. Now, conservatives are starting to turn on John Boozman.
The Arkansas Republican will meet with Garland on Tuesday, even
though he says the confirmation process should go no further than
courtesy meetings. But that isn’t enough for some on the right, who
are upset with Boozman for merely sitting down with Garland.
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81548&title=%26%238220%3BConservatives%20pounce%20over%20Garland%20meetings%26%238221%3B&description=>
Posted inSupreme Court <http://electionlawblog.org/?cat=29>
“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.
Share
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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/>
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81543&title=%26%238220%3BWhy%20won%E2%80%99t%20Grassley%20hold%20Supreme%20Court%20hearings%3F%20He%20fears%20Republicans%20more%20than%20Democrats.%26%238221%3B&description=>
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/>
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81541&title=%26%238220%3BHere%E2%80%99s%20exactly%20how%20a%20brokered%20Republican%20convention%20would%20work%26%238221%3B&description=>
Posted inpolitical parties <http://electionlawblog.org/?cat=25>
--
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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