[EL] ELB News and Commentary 1/13/16
Rick Hasen
rhasen at law.uci.edu
Wed Jan 13 08:28:39 PST 2016
“Group of G.O.P. Senators Quietly Explore Rule Changes”
<http://electionlawblog.org/?p=78972>
Posted onJanuary 13, 2016 8:27 am
<http://electionlawblog.org/?p=78972>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT
<http://www.nytimes.com/politics/first-draft/2016/01/13/group-of-g-o-p-senators-quietly-explore-rule-changes/?ref=politics>:
Senate Republicans will meet on Wednesday to delve into a subject
that usually sets off political fireworks on Capitol Hill: changing
Senate rules.
But a small group of senators led by Senator Lamar Alexander,
Republican of Tennessee, has been quietly exploring some potentially
nonexplosive changes, including limiting the use of a filibuster to
prevent opening debate on spending bills and reducing some of the
required time between procedural votes.
And Mr. Alexander says he is interested in changing rules only under
the Senate requirement that 67 lawmakers agree to do so, meaning
that significant numbers of senators from both parties would have to
approve. Republicans are still upset that Democrats led by Senator
Harry Reid of Nevada used a simple majority vote in 2013 to limit
the use of the filibuster against executive branch nominees,
allowing President Obama to push multiple judges through to federal
appeals courts.
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Posted inlegislation and legislatures
<http://electionlawblog.org/?cat=27>,political parties
<http://electionlawblog.org/?cat=25>,political polarization
<http://electionlawblog.org/?cat=68>
NYC, DC Plutocrats United Events Next Week; Watch Video of Last
Night’s LA Event <http://electionlawblog.org/?p=78970>
Posted onJanuary 13, 2016 8:23 am
<http://electionlawblog.org/?p=78970>byRick Hasen
<http://electionlawblog.org/?author=3>
We had a great kickoff forPlutocrats United
<http://www.amazon.com/Plutocrats-United-Campaign-Distortion-Elections/dp/0300212453/ref=sr_1_1?s=books&ie=UTF8&qid=1448649580&sr=1-1&keywords=9780300212457>at
the Zocalo/KCRW event last night (video of event
<https://vimeo.com/151616617>/write-up
<http://www.zocalopublicsquare.org/2016/01/13/money-isnt-corrupting-american-politics/events/the-takeaway/>/podcast
<https://soundcloud.com/zocalopublicsquare/what-will-the-presidential-elections-cost-us>).
I hope to see many of you at next week’s stops on thebook
tour<http://electionlawblog.org/?p=77845>(Please be sure to RSVP so we
can get an accurate count):
*January 21*, New York City, Brennan Center for Justice/NYU (6 pm event)
(details and RSVP <http://electionlawblog.org/?p=78230>) (there is also
alunch-time invitation only
<http://electionlawblog.org/?p=78254>workshop at the Brennan Center with
Yasmin Dawood, Janai Nelson, and Nick Stephanopoulos)
*January 22*, Washington, DC, Campaign Legal Center/UCDC Law/ACS (with
Trevor Potter) (lunchtime event) (details and RSVP
<http://electionlawblog.org/?p=78396>)
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Posted inPlutocrats United <http://electionlawblog.org/?cat=104>
“Convicted of voter fraud, Shorewood man pursues insanity case”
<http://electionlawblog.org/?p=78968>
Posted onJanuary 13, 2016 8:13 am
<http://electionlawblog.org/?p=78968>byRick Hasen
<http://electionlawblog.org/?author=3>
Milwaukee Journal Sentinel:
<http://www.jsonline.com/news/crime/convicted-of-voter-fraud-shorewood-man-pursues-insanity-case-b99650422z1-365061251.html>
Asked why he voted five times in the Walker recall election, Monroe
replied, “We’re still working on that one.”
Assistant District Attorney Bruce Landgraf suggested much of the
worst things Monroe cites came up only after he was charged. Monroe
said he was so ashamed of not having done more about the priest
misconduct he said he saw at college and earlier at Marquette
University High School that he never told his doctors earlier, even
while they were treating him for other psychological conditions.
To Monroe’s claim that he didn’t follow politics and wasn’t even a
regular voter, Landgraf asked Monroe about several emails and texts
he shared with family and friends urging them to vote, inquiring
about donating to candidates, requesting an absentee ballot in his
son’s name, critiquing unions and getting subscription messages from
Americans for Prosperity, a group that supported GOP candidates and
issues.
After putting up the notes as exhibits, Landgraf would ask, “Were
you in a fugue state when you wrote that?”
Monroe repeatedly said he couldn’t remember any of the emails, and
that he didn’t know in most instances if he was in a fugue state,
though he called one incident — registering to vote in both
Milwaukee and Shorewood on the same day — “classic fugue.”
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Posted inchicanery <http://electionlawblog.org/?cat=12>
“The U.S. Supreme Court Can Still Take Big Money Out of Politics”
<http://electionlawblog.org/?p=78966>
Posted onJanuary 13, 2016 8:06 am
<http://electionlawblog.org/?p=78966>byRick Hasen
<http://electionlawblog.org/?author=3>
Read Larry Norden i
<http://www.theatlantic.com/politics/archive/2016/01/campaign-finance-supreme-court/423567/>n
The Atlantic.
I’m so glad to see he’s taking the same position I take in Plutocrats
United
<http://www.amazon.com/Plutocrats-United-Campaign-Distortion-Elections/dp/0300212453/>:
to fix money in politics, start by changing the Supreme Court.
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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>
“Board for Ferguson Schools Is Accused of Racial Bias”
<http://electionlawblog.org/?p=78964>
Posted onJanuary 13, 2016 8:00 am
<http://electionlawblog.org/?p=78964>byRick Hasen
<http://electionlawblog.org/?author=3>
John Eligon
<http://www.nytimes.com/2016/01/13/us/board-for-ferguson-schools-is-accused-of-racial-bias.html>for
the NYT:
The legality of at-large voting systems is being challenged in other
cities, including Pasadena, Tex., and Yakima, Wash. The suits
contend that at-large systems violate Section 2 of theVoting Rights
Act
<http://topics.nytimes.com/topics/reference/timestopics/subjects/v/voting_rights_act_1965/index.html?inline=nyt-classifier>,
which prohibits voting practices or procedures that discriminate on
various factors, including race.
Many challenges of at-large voting have come in places where whites
are the clear majority. But in the Ferguson-Florissant district, the
population is almost evenly divided, according to the most recent
census data. Courts have not definitively ruled whether a violation
of Section 2 is possible in places where blacks might not be in the
minority, said Richard L. Hasen, a professor of law and political
science at the University of California, Irvine.
The case “raises legal questions over whether, if it’s true that
African-Americans make up a majority of the relevant population,
whether a Section 2 remedy is possible,” he said.
Whether blacks outnumber whites in the district is in dispute. The
A.C.L.U., using 2010 census data, contends blacks make up 48.19
percent of the voting-age population in the district, which is less
than whites. The district, using 2013 American Community Survey
data, asserts that blacks, at 48.94 percent, represent a slightly
higher share of the voting-age population than whites.
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
“Debating whether Ted Cruz is a ‘natural born citizen’”
<http://electionlawblog.org/?p=78962>
Posted onJanuary 13, 2016 7:52 am
<http://electionlawblog.org/?p=78962>byRick Hasen
<http://electionlawblog.org/?author=3>
Jonathan Adler
<https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/01/12/debating-whether-ted-cruz-is-a-natural-born-citizen/>:
Natelson is correct that I (and others) may have been too quick to
suggest that this issue is completely settled. The historical
materials are not as clear as one might like. Nonetheless, I think
that Ramsey’s account provides the best understanding of the meaning
of “natural born citizen,” and that this account is also the most
consistent with historical practice. Plausible arguments can be made
to the contrary, but they are anything but conclusive.
While the Supreme Court has not weighed in on the issue, Cruz is not
the first person to run for president who was born outside of the
United States. Several prior candidates were born in U.S.
territories, rather than states (including McCain and Sen. Barry
Goldwater), and George Romney ran for president in 1968 despite
having been born in Mexico. For these reasons, I would be quite
surprised were a court to conclude that Cruz is ineligible. Whether
Cruz is qualified to be president is a question for voters to decide.
I’d also point readers toDerek Muller’s
analysis<http://electionlawblog.org/?p=78791>of the difficult question
of if/how such a question could end up in court.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Nearing The Finish Line? Ohio Legislature Could Soon Enact OVR”
<http://electionlawblog.org/?p=78960>
Posted onJanuary 13, 2016 7:46 am
<http://electionlawblog.org/?p=78960>byRick Hasen
<http://electionlawblog.org/?author=3>
A Chapinblog
<http://editions.lib.umn.edu/electionacademy/2016/01/13/nearing-the-finish-line-ohio-legislature-could-soon-enact-ovr/?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+HHHElections+%28The+Election+Academy%29>.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,voting technology
<http://electionlawblog.org/?cat=40>
“Faulty Data Fuel Challenges to Voter ID Laws”
<http://electionlawblog.org/?p=78958>
Posted onJanuary 13, 2016 7:45 am
<http://electionlawblog.org/?p=78958>byRick Hasen
<http://electionlawblog.org/?author=3>
Don Palmer has postedthis Backgrounder
<http://www.heritage.org/research/reports/2016/01/faulty-data-fuel-challenges-to-voter-id-laws>at
Heritage.
I hope he will do a similar backgrounder on the incidence of voter
impersonation fraud.
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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>
“Fearing anger from Trump voters, Va. officials want to close
schools for primary” <http://electionlawblog.org/?p=78956>
Posted onJanuary 13, 2016 7:37 am
<http://electionlawblog.org/?p=78956>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo
<https://www.washingtonpost.com/local/virginia-politics/fairfax-considers-closing-schools-on-contentious-super-tuesday-elections/2016/01/12/bbfcc564-b94a-11e5-829c-26ffb874a18d_story.html?hpid=hp_local-news_supertuesday-1230pm%3Ahomepage%2Fstory>:
Officials in Virginia’s largest jurisdiction want to close public
schools during the Super Tuesday presidential primaries, saying they
fear that supporters of Republican front-runner Donald Trump could
cause mayhem at the polls.
The concerns stem mainly from a state Republican Party decision —
which Trump opposes — to require voters to affirm that they are
Republicans before casting a ballot in the March 1 Republican
presidential primary.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,political parties
<http://electionlawblog.org/?cat=25>,primaries
<http://electionlawblog.org/?cat=32>
David Nasaw Reviews Jane Mayer Koch Bros. Book for NYT
<http://electionlawblog.org/?p=78954>
Posted onJanuary 13, 2016 7:35 am
<http://electionlawblog.org/?p=78954>byRick Hasen
<http://electionlawblog.org/?author=3>
Here.
<http://www.nytimes.com/2016/01/13/books/review-jane-mayers-dark-money-about-the-koch-brothers-fortune-and-influence.html?_r=0>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Jefferson staters keeping up their fight”
<http://electionlawblog.org/?p=78952>
Posted onJanuary 13, 2016 7:32 am
<http://electionlawblog.org/?p=78952>byRick Hasen
<http://electionlawblog.org/?author=3>
San Diego Union Tribune
<http://www.sandiegouniontribune.com/news/2016/jan/06/state-jefferson-sacramento-representation-rally/>:
Baird is a leader of the ongoing effort to carve out rural northern
California counties (and in past proposals, some southern Oregon
counties, also) into the51st state of Jefferson
<https://en.wikipedia.org/wiki/Jefferson_%28proposed_Pacific_state%29>.
The idea got a burst of attention in 2014 when Silicon Valley
entrepreneur Tim Draper tried (and failed) to place on the ballot a
measure that would break California into six states, one of which
would have been called Jefferson.
But while the attention faded away, the Jefferson movement – the
continuation of an effort that got its start in the World War II era
– has plugged along.Baird was here to present “declarations” from 15
of California’s 58 counties calling for withdrawal from California
<http://ktvl.com/news/local/state-of-jefferson-is-one-step-closer-to-statehood>.
The group held a rally on the west steps of the Capitol.
Those petitions
<http://www.redbluffdailynews.com/article/ND/20160102/NEWS/160109968>–
some approved by majorities of boards of supervisors, others
comprised of signatures from local voters – were dropped off at the
Legislative Counsel’s Office, where they will no doubt be duly
ignored from legislative leaders.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
Koch Brothers Respond to Allegations in Jane Mayer Book Involving
Nazi Refineries <http://electionlawblog.org/?p=78950>
Posted onJanuary 13, 2016 7:29 am
<http://electionlawblog.org/?p=78950>byRick Hasen
<http://electionlawblog.org/?author=3>
Via Power Line.
<http://www.powerlineblog.com/archives/2016/01/jane-mayer-and-the-new-york-times-dive-into-the-gutter.php>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“State high court opens door for appeal for John Doe prosecutors”
<http://electionlawblog.org/?p=78948>
Posted onJanuary 13, 2016 7:24 am
<http://electionlawblog.org/?p=78948>byRick Hasen
<http://electionlawblog.org/?author=3>
Milwaukee Journal-Sentinel
<http://www.jsonline.com/news/statepolitics/state-high-court-opens-door-for-appeal-for-john-doe-prosecutors-b99650704z1-365058001.html>:
Milwaukee County District Attorney John Chisholm and two other
prosecutors are now free to ask the U.S. Supreme Court to review
decisions last year that ended an investigation into Gov. Scott
Walker’s campaign.
The state Supreme Court on Tuesday allowed the three district
attorneys to intervene in cases the court decided last year,
clearing the way for them to go to the nation’s high court. The
district attorneys also could ask the U.S. Supreme Court to weigh in
on whether any of the state justices were required to step aside
from the cases for ethical reasons.
Also Tuesday, the state Supreme Court denied a separate request from
prosecutors that would have allowed them to retain evidence they had
gathered in the probe.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery
<http://electionlawblog.org/?cat=12>
Election Law Issues in President Obama’s Final State of the Union
Speech <http://electionlawblog.org/?p=78946>
Posted onJanuary 13, 2016 7:18 am
<http://electionlawblog.org/?p=78946>byRick Hasen
<http://electionlawblog.org/?author=3>
From theprepared remarks
<http://www.usatoday.com/story/news/politics/2016/01/12/full-text-president-obama-2016-state-union-address/78702196/>:
We have to end the practice of drawing our congressional districts
so that politicians can pick their voters, and not the other way
around. We have to reduce the influence of money in our politics,
so that a handful of families and hidden interests can’t bankroll
our elections – and if our existing approach to campaign finance
can’t pass muster in the courts, we need to work together to find a
real solution. We’ve got to make voting easier, not harder, and
modernize it for the way we live now. And over the course of this
year, I intend to travel the country to push for reforms that do.
But I can’t do these things on my own. Changes in our political
process – in not just who gets elected but how they get elected –
that will only happen when the American people demand it. It will
depend on you. That’s what’s meant by a government of, by, and for
the people.
What I’m asking for is hard. It’s easier to be cynical; to accept
that change isn’t possible, and politics is hopeless, and to believe
that our voices and actions don’t matter. But if we give up now,
then we forsake a better future. Those with money and power will
gain greater control over the decisions that could send a young
soldier to war, or allow another economic disaster, or roll back the
equal rights and voting rights that generations of Americans have
fought, even died, to secure. As frustration grows, there will be
voices urging us to fall back into tribes, to scapegoat fellow
citizens who don’t look like us, or pray like us, or vote like we
do, or share the same background.
A voting wars tour for the president?
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
Sen. Menedez Files 3d Circuit Brief in Speech or Debate Clause
Appeal <http://electionlawblog.org/?p=78944>
Posted onJanuary 13, 2016 7:13 am
<http://electionlawblog.org/?p=78944>byRick Hasen
<http://electionlawblog.org/?author=3>
Howard <http://howappealing.abovethelaw.com/011316.html#065137>with the
stories and the brief.
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Posted inbribery <http://electionlawblog.org/?cat=54>,chicanery
<http://electionlawblog.org/?cat=12>,legislation and legislatures
<http://electionlawblog.org/?cat=27>,Speech or Debate Clause
<http://electionlawblog.org/?cat=36>
“Nearly 70% Of Ad Dollars in 2016 Race Come From Outside Groups”
<http://electionlawblog.org/?p=78942>
Posted onJanuary 12, 2016 11:04 am
<http://electionlawblog.org/?p=78942>byRick Hasen
<http://electionlawblog.org/?author=3>
NBC News reports.
<http://www.nbcnews.com/politics/first-read/nearly-70-ad-dollars-2016-race-come-outside-groups-n494876>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Judge adds state GOP as defendant in suit against primary oath”
<http://electionlawblog.org/?p=78940>
Posted onJanuary 12, 2016 11:02 am
<http://electionlawblog.org/?p=78940>byRick Hasen
<http://electionlawblog.org/?author=3>
The latest
<http://www.richmond.com/news/virginia/government-politics/article_fd2b1ca8-caba-5f5a-ab77-2a841c3872a2.html#.VpVKHZkur5Y.twitter>from
Va.
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Posted incampaigns <http://electionlawblog.org/?cat=59>,political
parties <http://electionlawblog.org/?cat=25>,primaries
<http://electionlawblog.org/?cat=32>
“How to end American plutocracy: Risk of corruption cannot be the
only legal rationale for limiting expenditures”
<http://electionlawblog.org/?p=78936>
Posted onJanuary 12, 2016 8:10 am
<http://electionlawblog.org/?p=78936>byRick Hasen
<http://electionlawblog.org/?author=3>
I have writtenthis oped
<http://www.nydailynews.com/opinion/rick-hasen-american-plutocracy-article-1.2492787>for
the NY Daily News (tied to today’s release of my book). It begins:
Forty years ago this month, the Supreme Court decided Buckley vs.
Valeo, a case that has distorted our thinking and talking about
money in politics for nearly two generations and that has taken this
country down a perilous path on campaign finance.
We should no longer mince words about the consequences for our
representative government. Buckley and its offspring Citizens
United, which turns six this month, are leading us to plutocracy, a
country in which those with greatest wealth have a much better
chance to influence elections and public policy than the rest of us.
Yet despite that bleak assessment, there’s some cause for hope.
Although SuperPACs and mega-donors shelling out donations topping a
whopping $100 million have emerged from the Supreme Court’s
troubling decisions, a narrow opportunity for change is coming —
provided we can change the way we think about the danger of big
money in politics.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>,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
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org
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