[EL] ELB News and Commentary 2/11/16

Thu Feb 11 09:11:03 PST 2016

    6th Circuit Rejects Challenge to Ohio Law Keeping Partisan
    Information of Judicial Candidates Off Ballot
    <http://electionlawblog.org/?p=79841>

Posted onFebruary 11, 2016 9:06 am 
<http://electionlawblog.org/?p=79841>byRick Hasen 
<http://electionlawblog.org/?author=3>

Opinion <http://www.ca6.uscourts.gov/opinions.pdf/16a0034p-06.pdf>:

    Ohio elects its state judges through a hybrid process. Judicial
    candidates are first selected through partisan primary elections. On
    the general-election ballot, however, their names show no partisan
    affiliation, even though judicial candidates may affiliate with
    political parties throughout the entirety of their campaigns. The
    plaintiffs—the Ohio Democratic Party, three individuals who were
    candidates for state-court judgeships in the 2010 election, and a
    statewide labor organization—brought suit below challenging the
    constitutionality of the Ohio law that precludes the inclusion of
    judicial candidate party affiliations on the general-election
    ballot. While the plaintiffs argue that Ohio’s electoral system
    burdens their First and Fourteenth Amendment rights, the burden is
    minimal and is outweighed by Ohio’s interest in minimizing
    partisanship in judicial elections. Consequently, the district court
    correctly granted the Ohio Attorney General’s motion for summary
    judgment.

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Posted injudicial elections 
<http://electionlawblog.org/?cat=19>,political parties 
<http://electionlawblog.org/?cat=25>

    “Orthodox Union Calls on Nevada State Democratic Party to
    Accommodate Sabbath-Observant Citizens in Upcoming Caucus”
    <http://electionlawblog.org/?p=79839>

Posted onFebruary 11, 2016 8:48 am 
<http://electionlawblog.org/?p=79839>byRick Hasen 
<http://electionlawblog.org/?author=3>

Yet another problem 
<http://advocacy.ou.org/orthodox-union-calls-nevada-state-democratic-party-accommodate-sabbath-observant-citizens-upcoming-caucus/>with 
using the caucus.

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Posted inprimaries <http://electionlawblog.org/?cat=32>

    Supreme Court Docket for NC Congressional Redistricting Case
    <http://electionlawblog.org/?p=79837>

Posted onFebruary 11, 2016 8:21 am 
<http://electionlawblog.org/?p=79837>byRick Hasen 
<http://electionlawblog.org/?author=3>

Here 
<http://www.supremecourt.gov/search.aspx?filename=/docketfiles/15a809.htm>.

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

    “Sanders’s claim that he ‘does not have a super PAC’”
    <http://electionlawblog.org/?p=79835>

Posted onFebruary 11, 2016 8:12 am 
<http://electionlawblog.org/?p=79835>byRick Hasen 
<http://electionlawblog.org/?author=3>

WaPo Fact Checker 
<https://www.washingtonpost.com/news/fact-checker/wp/2016/02/11/sanderss-claim-that-he-does-not-have-a-super-pac/>:

    Sanders has not exploited the Supreme Court’s Citizens United
    decision, but is still reaping its benefits. There’s not much
    Sanders could do to stop outside groups, but he hasn’t actively
    denounced their help, either. He would be much more precise if he
    said: /“I do not have a super PAC allied with me.”/

    As currently framed, however, Sanders’s statement does not quite
    qualify for a Geppetto Checkmark. We would give half a Pinocchio if
    we could, but we do not use half-Pinocchios. So Sanders earns One
    Pinocchio.

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

    “‘Big Money’ Fails to Buy Iowa and New Hampshire Voters”
    <http://electionlawblog.org/?p=79833>

Posted onFebruary 11, 2016 8:05 am 
<http://electionlawblog.org/?p=79833>byRick Hasen 
<http://electionlawblog.org/?author=3>

CCP: 
<http://www.campaignfreedom.org/2016/02/11/big-money-fails-to-buy-iowa-and-new-hampshire-voters/>

      The Center for Competitive Politics (CCP), America’s largest
    nonprofit working to promote and defend First Amendment rights to
    free political speech, assembly, and petition, today releasedan
    issue
    brief<http://r20.rs6.net/tn.jsp?f=001BdZ1U66MtVy9tZ11ZwwdelMApOsNqzgTJtxafTVJeS7b11AGPPhEpEhkm34zP-MudnGJ3PElD8I-Hi81U0JftsGpYvMiGfJxq-C0WsPQm0m_u6apn_qUaZhpuW6CuNUAT_SjBFt5xt9u49Jq6hAp2v7zCEi3_UNHrqwugqYshtgsoBUtRK1g3-XGK5_b8op1aXVP7dhFk3SlAIEkQgrlXhcK1Ybzya1Xt_w7oqbLJF8E_InILatL1NgzJMKhRZISlSS41HlK2JCmRLtiSjwwzqFqFqN5EFDHbNygcNFPiB6l6loYFHPOncNhKsOLkawr_kq4o1H1Xqhaswgx94DJP4DdRWt3x4lNJ0W-FBq1pzCifE7kMyvnZA==&c=avMSxKUK3SrEnTxOgKlRyb0DUCfI9A2gZjoZJIyB3GmtWTqzDdQEcA==&ch=qvYGwMhGhsHhadHZ6Gapg5obDhKxoiayOITVKw5U1TbPvN_fUuhz7w==>showing
    that money spent by candidates and super PACs was
    /negatively/ correlated with the votes they received in Iowa and New
    Hampshire.

My view on this question is in WaPo:Money Can’t Buy You Jeb But It Still 
Skews Politics <http://wapo.st/1KfwFqh>.

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

    “WI Supreme Court Again Tries Thwarting SCOTUS Review of Its
    Conflicts of Interest” <http://electionlawblog.org/?p=79831>

Posted onFebruary 11, 2016 7:32 am 
<http://electionlawblog.org/?p=79831>byRick Hasen 
<http://electionlawblog.org/?author=3>

Brendan Fischer blogs. 
<http://www.prwatch.org/news/2016/02/13040/JohnDoe_order_Wisconsin>

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Posted inchicanery <http://electionlawblog.org/?cat=12>,judicial 
elections <http://electionlawblog.org/?cat=19>,Supreme Court 
<http://electionlawblog.org/?cat=29>

    “Amid federal gridlock, lobbying rises in the states”
    <http://electionlawblog.org/?p=79829>

Posted onFebruary 11, 2016 7:31 am 
<http://electionlawblog.org/?p=79829>byRick Hasen 
<http://electionlawblog.org/?author=3>

CPI reports 
<http://www.publicintegrity.org/2016/02/11/19279/amid-federal-gridlock-lobbying-rises-states?utm_source=email&utm_campaign=watchdog&utm_medium=publici-email&goal=0_ffd1d0160d-bf0bf8ae7d-100350621&mc_cid=bf0bf8ae7d&mc_eid=17b9d44187>.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,lobbying 
<http://electionlawblog.org/?cat=28>,political polarization 
<http://electionlawblog.org/?cat=68>

    “Going After the Big Bucks” <http://electionlawblog.org/?p=79827>

Posted onFebruary 11, 2016 7:28 am 
<http://electionlawblog.org/?p=79827>byRick Hasen 
<http://electionlawblog.org/?author=3>

Eliza Newlin Carney 
<http://prospect.org/article/going-after-big-bucks>on the argument to 
free up political parties in the campaign finance arena.

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

    Talk is Cheap Dep’t: President Obama Remarks on Election Reform
    <http://electionlawblog.org/?p=79825>

Posted onFebruary 11, 2016 7:22 am 
<http://electionlawblog.org/?p=79825>byRick Hasen 
<http://electionlawblog.org/?author=3>

 From yesterday’s Illinois speech 
<https://www.whitehouse.gov/the-press-office/2016/02/10/remarks-president-address-illinois-general-assembly>:

    But I do want to offer some steps that we can take that I believe
    would help reform our institutions and move our system in a way that
    helps reflect our better selves.  And these aren’t particularly
    original, but I just want to go ahead and mention them.

    First is to take, or at least reduce, some of the corrosive
    influence of money in our politics.  (Applause.)

    Now, this year, just over 150 families — 150 families — have spent
    as much on the presidential race as the rest of America
    combined.  Today, a couple of billionaires in one state can push
    their agenda, dump dark money into every state — nobody knows where
    it’s coming from — mostly used on these dark ads, everybody is kind
    of dark and the worst picture possible.  (Laughter.)  And there’s
    some ominous voice talking about how they’re destroying the country.

    And they spend this money based on some ideological preference that
    really is disconnected to the realities of how people live.  They’re
    not that concerned about the particulars of what’s happening in a
    union hall in Galesburg, and what folks are going through trying to
    find a job.  They’re not particularly familiar with what’s happening
    at a VFW post.  (Phone rings.)  Somebody’s phone is
    on.  (Laughter.)  In Carbondale.  They haven’t heard personally from
    farmers outside of the Quads and what they’re going through.  Those
    are the voices that should be outweighing a handful of folks with a
    lot of money.  I’m not saying the folks with a lot of money should
    have no voice; I’m saying they shouldn’t be able to drown out
    everybody else’s.

    And that’s why I disagree with the Supreme Court’s Citizens United
    decision.  (Applause.)  I don’t believe that money is speech, or
    that political spending should have no limits, or that it shouldn’t
    be disclosed.  I still support a constitutional amendment to set
    reasonable limits on financial influence in America’s elections.

    But amending the Constitution is an extremely challenging and
    time-consuming process — as it should be.  So we’re going to have to
    come up with more immediate ways to reduce the influence of money in
    politics.  There are a lot of good proposals out there, and we have
    to work to find ones that can gain some bipartisan support — because
    a handful of families and hidden interests shouldn’t be able to
    bankroll elections in the greatest democracy on Earth.

    The second step towards a better politics is rethinking the way that
    we draw our congressional districts.  (Applause.)  Now, let me point
    this out — I want to point this out, because this is another case of
    cherry-picking here.  (Laughter.)  This tends to be popular in
    states where Democrats have been drawing the lines among
    Republicans, and less popular among Republicans where they control
    drawing the lines.  (Applause.)  So let’s be very clear here —
    nobody has got clean hands on this thing.  Nobody has got clean
    hands on this thing.

    The fact is, today technology allows parties in power to
    precision-draw constituencies so that the opposition’s supporters
    are packed into as few districts as possible.  That’s why our
    districts are shaped like earmuffs or spaghetti.  (Laughter.)  It’s
    also how one party can get more seats even when it gets fewer votes.

    And while this gerrymandering may insulate some incumbents from a
    serious challenge from the other party, it also means that the main
    thing those incumbents are worried about are challengers from the
    most extreme voices in their own party.  That’s what’s happened in
    Congress.  You wonder why Congress doesn’t work?  The House of
    Representatives there, there may be a handful — less than 10 percent
    — of districts that are even competitive at this point.  So if
    you’re a Republican, all you’re worried about is what somebody to
    your right is saying about you, because you know you’re not going to
    lose a general election.  Same is true for a lot of Democrats.  So
    our debates move away from the middle, where most Americans are,
    towards the far ends of the spectrum.  And that polarizes us further.

    Now, this is something we have the power to fix.  And once the next
    census rolls around and we have the most up-to-date picture of
    America’s population, we should change the way our districts are
    drawn.  In America, politicians should not pick their voters; voters
    should pick their politicians.  (Applause.) And this needs to be
    done across the nation, not just in a select few states.  It should
    be done everywhere.  (Applause.)

    Now, the more Americans use their voice and participate, the less
    captive our politics will be to narrow constituencies.  No matter
    how much undisclosed money is spent, no matter how many negative ads
    are run, no matter how unrepresentative a district is drawn, if
    everybody voted, if a far larger number of people voted, that would
    overcome in many ways some of these other institutional
    barriers.  It would make our politics better.

    And that’s why a third step towards a better politics is making
    voting easier, not harder; and modernizing it for the way that we
    live now.  (Applause.)

    Now, this shouldn’t be controversial, guys.  You liked the
    redistricting thing, but not letting people vote.  I should get some
    applause on that, too.  (Applause.)

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

    “She’s 86. She can’t get a photo ID. Look at the voter fraud we’ve
    prevented” <http://electionlawblog.org/?p=79823>

Posted onFebruary 10, 2016 8:50 pm 
<http://electionlawblog.org/?p=79823>byRick Hasen 
<http://electionlawblog.org/?author=3>

Peter St. Onge 
<http://www.charlotteobserver.com/opinion/article59695406.html>, in 
Charlotte Observer:

    Reba Bowser seems like the kind of person North Carolina Republicans
    might want on their side this November.

    She’s 86 years old. She’s a staunch Republican. She’s been a
    faithful voter since the Eisenhower administration, missing only the
    most recent election after moving from New Hampshire to western
    North Carolina to be close to her son’s family.

    “Both my parents, they voted in every election,” that son, Ed
    Bowser, says. “My grandparents did, too. They took this seriously.”

    So this month, with the North Carolina primary approaching, Reba
    wanted to make sure she could vote again. She needed to register,
    and she needed a valid photo ID, because beginning this year, North
    Carolina is requiring one to vote.

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

    “How Bernie built a fundraising juggernaut”
    <http://electionlawblog.org/?p=79821>

Posted onFebruary 10, 2016 8:46 pm 
<http://electionlawblog.org/?p=79821>byRick Hasen 
<http://electionlawblog.org/?author=3>

Vogel 
<http://www.politifact.com/truth-o-meter/statements/2016/feb/10/donald-trump/donald-trump-self-funding-his-campaign-sort/>:

    Indeed, Sanders’ campaign has melded its fundraising into its core
    mission in a way that is without precedent in American political
    history. It’s more than a means to an end. It is the purpose of his
    campaign ― the vehicle for regular people to buy into the idea that
    they can fight back against a moneyed elite that has tilted the
    scales against them.

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

    “Is Donald Trump self-funding his campaign? Sort of”
    <http://electionlawblog.org/?p=79819>

Posted onFebruary 10, 2016 8:45 pm 
<http://electionlawblog.org/?p=79819>byRick Hasen 
<http://electionlawblog.org/?author=3>

Politifact 
<http://www.politifact.com/truth-o-meter/statements/2016/feb/10/donald-trump/donald-trump-self-funding-his-campaign-sort/>rates 
the claim “half-true.”

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

    “Obama Urges Action on Democracy Reform”
    <http://electionlawblog.org/?p=79817>

Posted onFebruary 10, 2016 4:42 pm 
<http://electionlawblog.org/?p=79817>byRick Hasen 
<http://electionlawblog.org/?author=3>

Brennan Center 
<http://www.brennancenter.org/press-release/obama-urges-action-democracy-reform>:

    During remarks
    <https://mercury.law.nyu.edu/owa/redir.aspx?C=07fa34a37ff14730b0dfdf116012bffc&URL=https%3a%2f%2fwww.brennancenter.org%2fsites%2fall%2fmodules%2fcivicrm%2fextern%2furl.php%3fu%3d91643%26qid%3d7880984> to
    the Illinois General Assembly today, President Obama called for
    broad democracy reform, including reducing barriers to voting,
    implementing automatic voter registration, changing the way our
    districts are drawn, and seeking reasonable limits on the influence
    of “dark money” and big donors on America’s elections.
    “We have to build a better politics,” the president said. “We can’t
    move forward if all we do is tear each other down.”
    In its /Democracy Agenda/
    <https://mercury.law.nyu.edu/owa/redir.aspx?C=07fa34a37ff14730b0dfdf116012bffc&URL=https%3a%2f%2fwww.brennancenter.org%2fsites%2fall%2fmodules%2fcivicrm%2fextern%2furl.php%3fu%3d91644%26qid%3d7880984>,
    released last week, the Brennan Center for Justice outlined concrete
    steps our next president, Congress, and states can take to boost
    voter participation and build the better democracy President Obama
    envisioned in his speech.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,election 
administration <http://electionlawblog.org/?cat=18>,redistricting 
<http://electionlawblog.org/?cat=6>

    “USCD researchers: Voter ID laws suppress Dems, minorities”
    <http://electionlawblog.org/?p=79815>

Posted onFebruary 10, 2016 4:40 pm 
<http://electionlawblog.org/?p=79815>byRick Hasen 
<http://electionlawblog.org/?author=3>

The San Diego Union Tribune reports. 
<http://www.sandiegouniontribune.com/news/2016/feb/10/voter-id-paper/>

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

    “‘More corporate money in our elections’: Believe it or not, big
    money is about to get even more powerful”
    <http://electionlawblog.org/?p=79813>

Posted onFebruary 10, 2016 4:36 pm 
<http://electionlawblog.org/?p=79813>byRick Hasen 
<http://electionlawblog.org/?author=3>

I talk to Elias Isquith of Salon 
<http://www.salon.com/2016/02/10/more_corporate_money_in_our_elections_believe_it_or_not_big_money_is_about_to_get_even_more_powerful/>about 
Super PACs, the Crossroads GPS determination, and Plutocrats United.

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Posted incampaign finance 
<http://electionlawblog.org/?cat=10>,Plutocrats United 
<http://electionlawblog.org/?cat=104>,Supreme Court 
<http://electionlawblog.org/?cat=29>,tax law and election law 
<http://electionlawblog.org/?cat=22>

    Breaking: CJ Roberts Asks for Response in NC Redistricting Case
    <http://electionlawblog.org/?p=79809>

Posted onFebruary 10, 2016 2:37 pm 
<http://electionlawblog.org/?p=79809>byRick Hasen 
<http://electionlawblog.org/?author=3>

The response is due Tuesday.

UPDATE:More from Lyle. 
<http://www.scotusblog.com/2016/02/new-test-on-racial-issue-in-redistricting/>

Tuesday seems like a long time to wait, given that there’s uncertainty 
as absentee ballots are out and are being voted.  In the meantime, the 
Legislature has to consider drafting an alternative redistricting plan, 
or leaving that to the three-judge court, at least for temporary maps.

More on the timing and order fromMike Gordon 
<http://www.charlotteobserver.com/news/politics-government/article59548466.html>of 
the Charlotte Observer.

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

    “California’s landmark campaign finance law needs an update”
    <http://electionlawblog.org/?p=79807>

Posted onFebruary 10, 2016 10:10 am 
<http://electionlawblog.org/?p=79807>byRick Hasen 
<http://electionlawblog.org/?author=3>

Oped 
<http://www.sacbee.com/opinion/op-ed/soapbox/article59377723.html>by 
Jodi Remke, chair of the FPPC, on efforts to update the Ca Political 
Reform Act.

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

    “Can Edward Snowden Vote in the 2016 Elections?”
    <http://electionlawblog.org/?p=79803>

Posted onFebruary 10, 2016 9:09 am 
<http://electionlawblog.org/?p=79803>byRick Hasen 
<http://electionlawblog.org/?author=3>

Daily Dot. 
<http://www.dailydot.com/politics/edward-snowden-vote-2016-presidential-election/>

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

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