[EL] ELB News and Commentary 4/22/16

Rick Hasen rhasen at law.uci.edu
Thu Apr 21 21:34:15 PDT 2016 

    “Republicans Reject Effort to Alter Rules on Allowing New Candidate
    at Convention” <http://electionlawblog.org/?p=82127>

Posted onApril 21, 2016 9:31 pm 
<http://electionlawblog.org/?p=82127>byRick Hasen 
<http://electionlawblog.org/?author=3>

NYT: 
<http://www.nytimes.com/politics/first-draft/2016/04/21/republicans-reject-effort-to-alter-rules-on-allowing-new-candidate-at-convention/?ref=politics>

    A Republican National Committee panel on Thursday overwhelmingly
    rejected an effort to make preliminary changes to the rules
    governing the party’s convention this summer, batting away a move to
    make it more difficult for party leaders to draft a “white knight”
    candidate into the race.

    On a voice vote, the R.N.C.’s rules committee turned back a bid to
    switch the rules of the convention from those used by the House of
    Representatives to Robert’s Rules of Order. The committee member who
    proposed the change, Solomon Yue of Oregon, said in the days leading
    up to the party’s spring meeting here that he wanted to alter the
    rules to prevent the establishment-aligned Republicans running the
    convention from being able to place in nomination the name of a
    candidate not already in the race.

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


    “Gyrocopter pilot who landed at U.S. Capitol sentenced to four
    months in prison” <http://electionlawblog.org/?p=82125>

Posted onApril 21, 2016 9:22 pm 
<http://electionlawblog.org/?p=82125>byRick Hasen 
<http://electionlawblog.org/?author=3>

WaPo 
<https://www.washingtonpost.com/local/public-safety/gyrocopter-pilot-who-landed-at-us-capitol-to-be-sentenced/2016/04/20/3fe834ac-0703-11e6-bdcb-0133da18418d_story.html>:

    A federal judge sentenced a former Florida postal worker to four
    months in prison Thursday for his gyrocopter flight last year to the
    U.S. Capitol, a campaign finance protest cited in recent
    demonstrations that led to 1,200 arrests in Washington.

    “You had tunnel vision for publicity and media attention to yourself
    and not to the public-safety consequences,” U.S. District Judge
    Colleen Kollar-Kotelly told Douglas Hughes, 62, of Ruskin, Fla.,
    ordering him to stay away from the White House and U.S. Capitol
    grounds after his release.

    Hughes’s “publicity stunt” recklessly endangered others in what
    Kollar-Kotelly called an act of “self-aggrandizement.” She said she
    hoped a prison sentence would deter others “who might not be so
    lucky” to avoid accidental or intentional downing for violating
    no-fly zones around the nation’s capital.

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Posted insocial media and social protests 
<http://electionlawblog.org/?cat=58>


    “Groups may take aim at Denver campaign finance, ethics rules”
    <http://electionlawblog.org/?p=82123>

Posted onApril 21, 2016 9:19 pm 
<http://electionlawblog.org/?p=82123>byRick Hasen 
<http://electionlawblog.org/?author=3>

The Denver Post reports. 
<http://blogs.denverpost.com/thespot/2016/04/21/groups-may-take-aim-at-denver-campaign-finance-ethics-rules/125680/>

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


    “Hillary PAC Spends $1 Million to ‘Correct’ Commenters on Reddit and
    Facebook” <http://electionlawblog.org/?p=82121>

Posted onApril 21, 2016 8:23 pm 
<http://electionlawblog.org/?p=82121>byRick Hasen 
<http://electionlawblog.org/?author=3>

Daily Beast: 
<http://www.thedailybeast.com/articles/2016/04/21/hillary-pac-spends-1-million-to-correct-commenters-on-reddit-and-facebook.html>

    Citing “lessons learned from online engagement with ‘Bernie Bros,’”
    a pro-Hillary Clinton Super PAC is pledging to spend $1 million to
    “push back against” users on Twitter, Facebook, Reddit and Instagram.
    Correct the Record’s “Barrier Breakers” project boasts in a press
    release that it has already “addressed more than 5,000 people that
    have personally attacked Hillary Clinton on Twitter.” The PAC
    released this on Thursday.
    The PAC was created in May of last year when it was spun off from
    the American Bridge SuperPAC, which is run by longtime Hillary and
    Bill Clinton supporter David Brock. Brock also founded the left-wing
    media watchdog website Media Matters for America.

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


    “Koch-linked group scores legal victory over California AG”
    <http://electionlawblog.org/?p=82119>

Posted onApril 21, 2016 4:25 pm 
<http://electionlawblog.org/?p=82119>byRick Hasen 
<http://electionlawblog.org/?author=3>

Josh Gerstein: 
<http://www.politico.com/blogs/under-the-radar/2016/04/koch-group-scores-legal-victory-over-california-ag-222288>

    A federal judge in Los Angeles has again shut down California
    Attorney General Kamala Harris’ drive to obtain the donor list for
    Americans for Prosperity, an influential political group funded by
    Charles and David Koch.

    U.S. District Court Judge Manuel Real issued a permanent injunction
    Thursday barring Harris’ office from requiring AFP to submit the
    donor list. And AFP may not be considered deficient or delinquent in
    its filings because it won’t turn over the form, the judge said.

    Inhis ruling
    <http://www.politico.com/f/?id=00000154-3a76-d2c9-a9fd-3bfee3510000>, Real
    said the California attorney general’s claims that she needed the
    information for investigative purposes were dubious since officials
    “virtually never” looked at donor information when investigating
    nonprofit groups. The judge also said the Kochs and other donors
    faced a real threat of harm because of nearly 1,800 instances where
    the state inadvertently disclosed donor lists, also known as
    “Schedule B” filings, on a public website designed to host other
    registration forms filed by charities and other nonprofit organizations.

Not only will the state appeal, I think the state will have a good shot 
especially given the reputation of the trial judge generally and in this 
case.

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


    “John Kasich says DC residents can’t vote because they vote for
    Democrats” <http://electionlawblog.org/?p=82117>

Posted onApril 21, 2016 1:56 pm 
<http://electionlawblog.org/?p=82117>byRick Hasen 
<http://electionlawblog.org/?author=3>

    Vox <http://www.vox.com/2016/4/21/11481928/john-kasich-dc-statehood>:

    So when the Post editorial board sat down
    <https://www.washingtonpost.com/news/local/wp/2016/04/21/kasich-on-d-c-voting-rights-thats-just-more-votes-in-the-democratic-party/>with
    Ohio Gov. John Kasich, they asked him about it and he offered a
    strikingly honest case against voting rights for the District — too
    many Democrats:

    *ARMAO:*But you realize though that people in D.C. pay taxes, go to
    war and they have no vote in Congress.

    *KASICH:*Yeah.

    *ARMAO:*How is that–

    *KASICH:*Well look, I am not – I don’t – I am not, because you know
    what, what it really gets down to if you want to be honest is
    because they know that’s just more votes in the Democratic Party.
    That’s what–

    *ARMAO:*So if there were Republicans in the District, you would have
    a different position?

    *KASICH:*Yeah, okay, well look, they send me a bill, I’m president
    of the United States, I’ll read your editorials.

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Posted invoting <http://electionlawblog.org/?cat=31>


    “Essay — Softening Voter ID Laws Through Litigation: Is it Enough?”
    <http://electionlawblog.org/?p=82115>

Posted onApril 21, 2016 12:27 pm 
<http://electionlawblog.org/?p=82115>byRick Hasen 
<http://electionlawblog.org/?author=3>

I have posted on SSRN a revised version ofthis piece 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2743946>, now 
forthcoming in the /Wisconsin Law Review Forward/.  Here is the abstract:

    Headlines about voter identification laws often place court rulings
    in a simple win or loss frame. For example, the New York Times
    headline describing the result in Crawford v. Marion County Election
    Board, a 2008 case involving the constitutionality of Indiana’s
    strict voter identification law, read: In a 6-3 Vote, Justices
    Uphold a Voter ID Law. Similarly, in reporting on the 2015 decision
    of the United States Court of Appeals for the Fifth Circuit
    involving Texas’ voter identification law, the Associated Press
    article was headlined Federal Court Strikes Down Tough Texas Voter
    ID Law.

    In fact, the results in both cases were more nuanced. As reporter
    Linda Greenhouse explained in that New York Times article, the
    Supreme Court decision in Crawford was fractured. Although a
    majority of the Court rejected a full facial challenge to Indiana’s
    law on equal protection grounds, a plurality of the Court, as well
    as the dissenters, left open the possibility that Indiana’s law
    could be unconstitutional “as applied” to certain voters who faced
    special burdens in getting a voter identification law. Further,
    although the Fifth Circuit did hold in Veasey v. Abbott that Texas’s
    voter identification law violated Section 2 of the Voting Rights
    Act, the Court held that the appropriate remedy would not be a
    wholesale abandonment of the law; instead the appeals court directed
    the lower federal district court to allow Texas to use its law in
    most instances, but to craft a remedy which would allow those facing
    special burdens additional ways to prove identity and cast a ballot.

    In theory, softening of voter identification laws through litigation
    is a positive development aimed at avoiding disenfranchisement of
    both voters who face special burdens obtaining an acceptable
    government-issued identification necessary to vote and of those
    voters who face confusion or administrative error. In practice,
    however, softening may do less to alleviate the actual burdens of
    voter identification laws than to make judges feel better about
    their Solomonic rulings. In fact, softening devices still leave an
    uncertain number voters disenfranchised. These burdens might be
    justified if there were evidence that state voter identification
    laws solve a serious problem, but there is no such evidence.

    This brief Essay first describes the theoretical softening which
    emerged in some voter identification litigation. It then explains
    that such softening offers less than meets the eye in helping voters
    facing difficulties voting in states with strict voter
    identification requirements. It concludes that courts should strike
    down fully strict voter identification laws, because the laws
    deprive at least some voters of the ability to cast a valid vote for
    no good reason, and the softening devices do not do enough.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,voter id 
<http://electionlawblog.org/?cat=9>,Voting Rights Act 
<http://electionlawblog.org/?cat=15>


    “Alabama works to make sure everyone counts; State becomes first to
    use online voting system for UOCAVA voters in presidential race”
    <http://electionlawblog.org/?p=82113>

Posted onApril 21, 2016 12:21 pm 
<http://electionlawblog.org/?p=82113>byRick Hasen 
<http://electionlawblog.org/?author=3>

That’s the lead story 
<http://www.electionline.org/index.php/electionline-weekly>in this 
week’s Electionline Weekly.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,internet voting 
<http://electionlawblog.org/?cat=49>,military voting 
<http://electionlawblog.org/?cat=48>


    “This Group Raised $11 Million To Defeat Citizens United. So Why Do
    People Hate Them?” <http://electionlawblog.org/?p=82111>

Posted onApril 21, 2016 9:10 am 
<http://electionlawblog.org/?p=82111>byRick Hasen 
<http://electionlawblog.org/?author=3>

Paul Blumenthal nails 
it.<http://www.huffingtonpost.com/entry/end-citizens-united-pac-campaign-finance-reform_us_570e5308e4b0ffa5937da409?6btz8ecsieqqcl3di>The 
End Citizens United PAC is about electing Democratic candidates not 
ending Citizens United.

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


    “Electing the President: Rules and Laws”
    <http://electionlawblog.org/?p=82109>

Posted onApril 21, 2016 8:53 am 
<http://electionlawblog.org/?p=82109>byRick Hasen 
<http://electionlawblog.org/?author=3>

Goldfeder and Perez 
<http://colreaction.stroock.com/Reaction/RSProcess.asp?RSID=izMOQ5dVVROwHBoZ18rTHA&RSTYPE=OPENATTACH>in 
the NYLJ.

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


    Bill Moyers Talks to Richard Painter About Campaign Finance Reform
    <http://electionlawblog.org/?p=82107>

Posted onApril 21, 2016 8:10 am 
<http://electionlawblog.org/?p=82107>byRick Hasen 
<http://electionlawblog.org/?author=3>

Listen. 
<http://billmoyers.com/story/bill-moyers-campaign-finance-reform-its-not-just-liberals-anymore/>

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


    Maryland Moves to Dismiss Redistricting Challenge
    <http://electionlawblog.org/?p=82104>

Posted onApril 21, 2016 8:03 am 
<http://electionlawblog.org/?p=82104>byRick Hasen 
<http://electionlawblog.org/?author=3>

Here is the motion to dismiss 
<http://electionlawblog.org/wp-content/uploads/shapiro-mtd.pdf>in the 
remanded /Shapiro v. McManus/case.

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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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