[EL] ELB News and Commentary 2/13/16
Rick Hasen
rhasen at law.uci.edu
Tue Feb 23 08:00:01 PST 2016
"Trial begins on lawsuit challenging Virginia voter ID law”
<http://electionlawblog.org/?p=80241>
Posted onFebruary 23, 2016 7:58 am
<http://electionlawblog.org/?p=80241>byRick Hasen
<http://electionlawblog.org/?author=3>
Richmond Times-Dispatch
<http://www.richmond.com/news/virginia/ap/article_14830fb5-5d1f-58f9-bda8-01bcfc2f83f3.html>:
A 69-year-old black woman who grew up in a small, segregated city
wept on the witness stand Monday as she testified about the trouble
she had voting in 2014 because she could not comply with Virginia’s
voter identification law.
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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>
“Univision Aims to Make Hispanic Voting Bloc Even More Formidable”
<http://electionlawblog.org/?p=80239>
Posted onFebruary 23, 2016 7:55 am
<http://electionlawblog.org/?p=80239>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT
<http://www.nytimes.com/2016/02/23/us/politics/univision-hispanic-voting.html?ref=politics&_r=0>:
The company, including its top-rated Spanish-language network and
many subsidiaries, is making an ambitious nationwide effort aimed at
registering about three million new Latino voters this year, roughly
the same number who have come of voting age since 2012. The
initiative will entail an aggressive schedule of advertisements on
all of Univision’s video and digital platforms, including 126 local
television and radio stations and the sports channelUnivision
Deportes <http://www.univision.com/deportes>. Station managers will
exhort their audiences in old-fashioned editorials, a comprehensive
online voter guide will be updated throughout the election season,
and the media company will use the kinds of grass-roots organizing
events usually staged by candidates — town-hall-style forums and
telephone banks — to try to turn its viewers into even more of a
powerhouse voting bloc than it already is.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
EAC Republican Chair and Newby Oppose Preliminary Injunction in
Citizenship Case <http://electionlawblog.org/?p=80237>
Posted onFebruary 23, 2016 7:47 am
<http://electionlawblog.org/?p=80237>byRick Hasen
<http://electionlawblog.org/?author=3>
There will be
<http://editions.lib.umn.edu/electionacademy/wp-content/uploads/sites/3/2016/02/LWV20v.20Newby20letter20to20court.pdf>no
kumbaya moment at the reconstituted EAC.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Trump trashes ‘dangerous’ caucus system”
<http://electionlawblog.org/?p=80235>
Posted onFebruary 23, 2016 7:45 am
<http://electionlawblog.org/?p=80235>byRick Hasen
<http://electionlawblog.org/?author=3>
Politico reports.
<http://www.politico.com/story/2016/02/donald-trump-nevada-caucuses-219654?lo=ap_b3>
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Posted inpolitical parties
<http://electionlawblog.org/?cat=25>,primaries
<http://electionlawblog.org/?cat=32>
“Donald Trump warns owners of Chicago Cubs ‘better be careful’ after
funding campaign against him” <http://electionlawblog.org/?p=80233>
Posted onFebruary 23, 2016 7:40 am
<http://electionlawblog.org/?p=80233>byRick Hasen
<http://electionlawblog.org/?author=3>
A Nixonian threa
<https://www.washingtonpost.com/news/post-politics/wp/2016/02/22/donald-trump-warns-owners-of-chicago-cubs-better-be-careful-after-funding-campaign-against-him/>t
to use the power of government against a political opponent.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery
<http://electionlawblog.org/?cat=12>
“Kansas Republicans hold to hard-right stance; ACLU and League of
Women Voters ‘communists,’ Kobach says”
<http://electionlawblog.org/?p=80231>
Posted onFebruary 23, 2016 7:37 am
<http://electionlawblog.org/?p=80231>byRick Hasen
<http://electionlawblog.org/?author=3>
Red-baiting
<http://www2.ljworld.com/news/2016/feb/20/kansas-republicans-hold-hard-right-agenda/>from
one of our least favorite members of the fraudulent fraud squad.
Despicable.
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Posted infraudulent fraud squad <http://electionlawblog.org/?cat=8>
“Election Law – Today and Beyond” <http://electionlawblog.org/?p=80229>
Posted onFebruary 23, 2016 7:34 am
<http://electionlawblog.org/?p=80229>byRick Hasen
<http://electionlawblog.org/?author=3>
Check outthe election law symposium
<http://washburnlaw.edu/practicalexperience/government/center/programs/electionlaw/>coming
to Washburn on Thursday.
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Posted inpedagogy <http://electionlawblog.org/?cat=23>
“Without Justice Scalia, ‘Corruption’ Cases May Get Hazier”
<http://electionlawblog.org/?p=80227>
Posted onFebruary 23, 2016 7:33 am
<http://electionlawblog.org/?p=80227>byRick Hasen
<http://electionlawblog.org/?author=3>
Steve Klein blogs
<https://www.pillaroflaw.org/index.php/blog/entry/without-justice-scalia-corruption-cases-may-get-hazier>,
with a focus on McDonnell.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery
<http://electionlawblog.org/?cat=12>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Justice Scalia and Campaign Finance: A Puzzle (Part II)”
<http://electionlawblog.org/?p=80225>
Posted onFebruary 23, 2016 7:31 am
<http://electionlawblog.org/?p=80225>byRick Hasen
<http://electionlawblog.org/?author=3>
Bauer
<http://www.moresoftmoneyhardlaw.com/2016/02/justice-scalia-campaign-finance-puzzle-part-ii/>:
How did Justice Scalia come towrite a dissent
<http://www.moresoftmoneyhardlaw.com/2016/02/justice-scalia-campaign-finance-one-puzzle/>as
he did in/McIntrye/, insisting on the role of disclosure and relying
for the power of his point on the need to follow the judgment of
legislators in protecting or enhancing the electoral process? The
question this raises is not whether Scalia was or was not a
conservative on this issue, but what/kind/of conservative he was. As
it happens, the explanation also sheds light on the recent history
of campaign finance reform and the Court’s response. The emphasis
here is on “response”, for the Court—and the Justice
Scalia—responded to developments in the law, and in political
practice, from/Buckley/onward, and his position may be fully
understandable only within this context.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
“How Jeb Bush Spent $130 Million Running for President With Nothing
to Show for It” <http://electionlawblog.org/?p=80223>
Posted onFebruary 22, 2016 6:54 pm
<http://electionlawblog.org/?p=80223>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT breaks it down
<http://www.nytimes.com/2016/02/23/us/politics/jeb-bush-campaign.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region®ion=top-news&WT.nav=top-news>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
#Plutocrats United Miami Law Event March 1
<http://electionlawblog.org/?p=80221>
Posted onFebruary 22, 2016 4:53 pm
<http://electionlawblog.org/?p=80221>byRick Hasen
<http://electionlawblog.org/?author=3>
Details now posted.
<http://media.law.miami.edu/communications/email-blast/2016/030116-plutocrats-united-book.html>
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Posted inPlutocrats United <http://electionlawblog.org/?cat=104>
Watch Ed Whelan and Me Hash it Out on #SCOTUS and the 2016 Elections
<http://electionlawblog.org/?p=80217>
Posted onFebruary 22, 2016 4:50 pm
<http://electionlawblog.org/?p=80217>byRick Hasen
<http://electionlawblog.org/?author=3>
Moderated by the excellent Henry Weinstein.
Video. <https://www.youtube.com/watch?v=tL-Qx7WWVQA>
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>
“The Role of Partisan Advantage in North Carolina’s Redistricting
Map” <http://electionlawblog.org/?p=80215>
Posted onFebruary 22, 2016 4:39 pm
<http://electionlawblog.org/?p=80215>byRick Hasen
<http://electionlawblog.org/?author=3>
Michael Parsons
<https://www.scribd.com/doc/300070550/The-Role-of-Partisan-Advantage-in-North-Carolina-s-Redistricting-Map>:
In North Carolina, the legislature is attempting to justify a map
with a 10-3 split, which does not reasonably reflect statewide voter
preference, based on an alleged state interest in political
advantage. For reasons I discuss at length in myarticle, I do not
believe partisan advantage is a legitimate state interest. (Can/the
State itself/be said to have an interest in electing Democrats or
Republicans? Could the State proffer an interest in “partisan
advantage,” rather than “preventing voter fraud” or “electoral
integrity,” to justify voter identification laws in court?)
In fact, if any redistricting plan were to tee up this issue, North
Carolina’s proposed map would seem to be it. Under the subtle header
“Partisan Advantage,” the State’s Joint Select Committee on
Congressional Redistrictingadopted districting criteriathat
expressly state: “The partisan makeup of the congressional
delegation under the enacted plan is 10 Republicans and 3 Democrats.
The Committee shall make reasonable efforts . . . to maintain the
current partisan makeup of North Carolina’s congressional
delegation.” Even more pointedly, the criteria state that
“[d]ivision of counties shall only be made for reasons of equalizing
population, consideration of incumbency and political impact.”
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Posted inredistricting <http://electionlawblog.org/?cat=6>
“Neutral Principles and Some Campaign Finance Problems”
<http://electionlawblog.org/?p=80213>
Posted onFebruary 22, 2016 4:36 pm
<http://electionlawblog.org/?p=80213>byRick Hasen
<http://electionlawblog.org/?author=3>
John McGinnis has postedthis draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2733768>on SSRN
(forthcoming, /William and Mary Law Review/). Here is the abstract:
This Article has both positive and normative objectives. As a
positive matter, it shows that the Roberts Court’s campaign finance
regulation jurisprudence can be best explained as a systematic
effort to integrate that case law with the rest of the First
Amendment, making the neutral principles refined in other social
contexts govern this more politically salient one as well. It
demonstrates that the typical Roberts Court majority in campaign
finance cases follows precedent, doctrine, and traditional First
Amendment theory, while the dissents tend to carve out exceptions at
all these levels.
As a normative matter it argues that following neutral principles is
particularly important in the application of the First Amendment to
campaign finance for three reasons. First, campaign finance disputes
bear directly on the political process that determines substantive
results across the entire legislative policy space, making the
danger of political decision making particularly high. Second, the
First Amendment itself reflects a distrust of government officials,
and the more a constitutional provision reflects an economy of
distrust, the more it requires judicial constraint, which adherence
to neutral principles can provide. Third, given that politicians
have much to gain from skewing campaign finance regulations in their
favor and judges are appointed by politicians, neutral principles
help avoid partisanship and the appearance of partisanship in
judicial decision making.
Finally, the Article confronts the most important arguments for
departing from standard First Amendment principles in campaign
finance and demonstrates that they have far-reaching implications
because they would allow the legislature to regulate the press or
even academics because of their disproportionate influence in
politics. But it also shows that, even taken on their own terms, the
proposals for judicial reform of First Amendment law in the campaign
finance area are deeply flawed. In particular, the idea that the
Constitution permits legislators to restrict the freedom of speech
for fear it will distort their decision making has no basis in the
Constitution. The Constitution provides no baseline for judging
distortion, and indeed, its structure permits legislators to take
into account the information generated by the First Amendment’s
spontaneous order of freedom rather than follow raw popular sentiment.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
“Department of Justice disowns EAC director’s move on proof of
citizenship for voters” <http://electionlawblog.org/?p=80211>
Posted onFebruary 22, 2016 4:20 pm
<http://electionlawblog.org/?p=80211>byRick Hasen
<http://electionlawblog.org/?author=3>
Zack Roth
<http://www.msnbc.com/msnbc/department-justice-disowns-eac-directors-move-proof-citizenship-voters>:
Also in the filing, Newby said in a sworn deposition that he decided
to change the form after receiving a list of non-citizens who had
“recently” registered to vote in Kansas. The list was sent by Kansas
Secretary of State Kris Kobach, who was requesting the change. Newby
said in the deposition that after receiving the list from Kobach, “I
began developing a point of view that previous decisions by the EAC
might have been wrong.”
In fact, the list
<http://www.eac.gov/assets/1/Documents/Newby%20Ltr%2011-19-2015.pdf>, from
Kansas’ Sedgwick County, showed that seven non-citizens registered
in the decade before the state’s proof of citizenship law went into
effect in 2013. And it showed that 11 non-citizens had been stopped
from registering since then, though it’s unclear whether the law was
responsible. Meanwhile, voting rights groups have said over 40,000
registrations have been thrown out or suspended because of the law.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,Election Assistance Commission
<http://electionlawblog.org/?cat=34>
“Brexit: Corporate Communications And UK Election Laws”
<http://electionlawblog.org/?p=80209>
Posted onFebruary 22, 2016 4:06 pm
<http://electionlawblog.org/?p=80209>byRick Hasen
<http://electionlawblog.org/?author=3>
Borden, Brown, and Butland
<https://www.aohub.com/aohub/publications/brexit-corporate-communications-and-uk-election-laws?nav=FRbANEucS95NMLRN47z%2BeeOgEFCt8EGQ71hKXzqW2Ec%3D&key=BcJlhLtdCv6%2FJTDZxvL23TQa3JHL2AIGr93BnQjo2SkGJpG9xDX7S2thDpAQsCconWHAwe6cJTkL%0D%0ACvGiRZRaa6oOPiGX4nYV>:
Later this year, British and Northern Irish voters will go to the
polls to decide whether or not to remain in the European Union. This
important decision could have significant consequences for the
British economy and firms that do business in the U.K., so it is not
surprising that U.K. firms and multinational companies are
increasingly voicing their opinion on what has been dubbed “Brexit.”
Communicating about the referendum, however, can implicate U.K.
campaign finance laws, and the campaign finance rules that apply to
the Brexit referendum differ from both equivalent U.S. regimes and
from the rules that apply during other U.K. elections.
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Posted incampaign finance
<http://electionlawblog.org/?cat=10>,comparative election law
<http://electionlawblog.org/?cat=107>
“Sheldon Adelson and the missing $100 million”
<http://electionlawblog.org/?p=80207>
Posted onFebruary 22, 2016 4:03 pm
<http://electionlawblog.org/?p=80207>byRick Hasen
<http://electionlawblog.org/?author=3>
Must-read Politico
<http://www.politico.com/story/2016/02/sheldon-adelson-donor-republicans-219598>:
It’s one of the biggest mysteries in Republican circles: why has
Sheldon Adelson ― whospent upwards of $100 million
<http://www.politico.com/story/2012/09/sheldon-adelson-inside-the-mind-of-the-mega-donor-081588>during
the last presidential campaign ― suddenly stopped pouring huge sums
of money into politics?
The conventional wisdom ― that he’s planning to spend millions of
dollars to support Marco Rubio, but is waiting to see how he fares
in a few more primaries ― does not explain the severity of Adelson’s
political spending freeze, which is further-reaching than previously
known.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Judge seems skeptical of call to block voter proof-of-citizenship
requirement” <http://electionlawblog.org/?p=80205>
Posted onFebruary 22, 2016 4:02 pm
<http://electionlawblog.org/?p=80205>byRick Hasen
<http://electionlawblog.org/?author=3>
Josh Gerstein
<http://www.politico.com/blogs/under-the-radar/2016/02/voting-rights-citizenship-proof-219642>:
A federal judge sounded skeptical Monday about a request from voting
and civil rights’ groups to block a federal official’s decision to
embrace requirements in three states that new voters submit proof
that they’re U.S. citizens.
During a 90-minute hearing, U.S. District Court Judge Richard Leon
repeatedly asked about past and upcoming registration deadlines in
Alabama, Georgia and Kansas, suggested that the parties who brought
suit earlier this month may have acted too slowly and seemed focused
on the fact that only a small percentage of voters register in any
given year….
Kobach also argued that the 2014 decision by the then-director of
the election panel was essentially ghost written by lawyers in the
Civil Rights Divison of the Justice Department. “It appears the
Department of Justice decided they were going to take the helm at
this unmanned ship and commandeer it,” he said.
The letter from Newby and a current commissioner suggested that that
DOJ was so involved in writing that 2014 decision that the
department had a conflict of interest in deciding whether to defend
Newby’s contrary action.
Justice Department lawyer Galen Thorp said that didn’t create a
concern for the department.
“We believe there is no conflict,” he said.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,Election Assistance Commission
<http://electionlawblog.org/?cat=34>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Feds back court ban on proof of citizenship for voter registration”
<http://electionlawblog.org/?p=80200>
Posted onFebruary 22, 2016 9:10 am
<http://electionlawblog.org/?p=80200>byRick Hasen
<http://electionlawblog.org/?author=3>
Josh Gerstein
<http://www.politico.com/blogs/under-the-radar/2016/02/feds-back-court-ban-on-proof-of-citizenship-for-voter-registration-219618>:
In an unusual move, the Obama Administration is backing the issuance
of a court injunction blocking a federal official’s decision to
approve new voter registration forms that allow three states to
insist that voters provide copies of documents proving their U.S.
citizenship.
Inlegal papers filed Monday morning
<http://www.politico.com/f/?id=00000153-09c8-de04-af73-cfcb7e040001>, the
Justice Department urged U.S. District Court Judge Richard Leon to
grant a preliminary injunction sought by the League of Women Voters
aimed at preventing Kansas, Alabama and Georgia from using so-called
“motor voter” forms that require proof of citizenship.
The unusual filing (in which adefendant consents
<https://twitter.com/joshgerstein/status/701815856104345601>to
preliminary injunction against it) begins:
The United States consents to plaintiffs’ request for entry of a
preliminary injunction. On January 29, 2016, the Executive Director
of the U.S. Election Assistance Commission (“Commission”) approved
the requests of three states—Alabama, Georgia, and Kansas—to modify
their state-specific instructions on the National Mail Voter
Registration Form (“Federal Form”). However, in deciding to include
the states’ documentary proof of citizenship requirements on the
Federal Form, the Executive Director did not make the determination
that this information was “necessary to enable the appropriate State
election official to assess the eligibility of the applicant and to
administer voter registration and other parts of the election
process.” 52 U.S.C. § 20508. Because the National Voter Registration
Act permits only information satisfying this “necessity” requirement
to be included on the Federal Form, the Executive Director’s
decisions are not consistent with the statute. While plaintiffs have
made a number of other arguments, the Court need not reach them in
order to issue an injunction. The United States requests that the
decisions be enjoined on this narrow ground.
Update: The end of the filing has a very interesting declaration from ED
Brian Newby.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,Election Assistance Commission
<http://electionlawblog.org/?cat=34>,The Voting Wars
<http://electionlawblog.org/?cat=60>
--
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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