[EL] ELB News and Commentary 7/12/16

Rick Hasen rhasen at law.uci.edu
Tue Jul 12 08:40:40 PDT 2016 

SCOTUS Redistricting Webinar About to Start<http://electionlawblog.org/?p=84211>
Posted on July 12, 2016 8:39 am<http://electionlawblog.org/?p=84211> by Rick Hasen<http://electionlawblog.org/?author=3>

From my earlier announcement:

“NCSL/SLLC Supreme Court Redistricting Cases Webinar”
Posted on June 9, 2016 1:09 pm<http://electionlawblog.org/?p=83495> by Rick Hasen<http://electionlawblog.org/?author=3>

Announcement:

It is a banner year in the Supreme Court for redistricting cases! Aside from Evenwel v. Abbott, holding that states may redraw legislative districts based on total population, the Court decided three other redistricting cases that will be important for the 2020 redistricting cycle. Rick Hasen, University of California Irvine School of Law, will provide a brief overview of redistricting law as it relates to the cases. Bruce Adelson, Federal Compliance Consulting, and Mark Packman, Gilbert LLP, will discuss the cases and how they will affect redistricting.

Date:  July 12
Time:  12:00 PM EDT

The webinar is FREE. Continuing legal education (CLE) credit is not offered.

Register here<http://comm.ncsl.org/NCSLMeetings.aspx?prid=83810259>.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“Can a Supreme Court Justice Denounce a Candidate?”<http://electionlawblog.org/?p=84209>
Posted on July 12, 2016 8:31 am<http://electionlawblog.org/?p=84209> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT’s Room for Debate.<http://www.nytimes.com/roomfordebate/2016/07/12/can-a-supreme-court-justice-denounce-a-candidate?action=click&pgtype=Homepage&version=Moth-Visible&moduleDetail=inside-nyt-region-4&module=inside-nyt-region&region=inside-nyt-region&WT.nav=inside-nyt-region>

I’m going to have to disagree with my boss, Erwin Chemerinsky<http://www.nytimes.com/roomfordebate/2016/07/12/can-a-supreme-court-justice-denounce-a-candidate/justices-have-free-speech-rights-too> on this one.  I’m still not sure if the comments merit recusal in a Trump election related case, but I certainly don’t applaud these comments. I find them very concerning.
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Posted in Supreme Court<http://electionlawblog.org/?cat=29>

“US judge in hot water over joke about moving to New Zealand”<http://electionlawblog.org/?p=84207>
Posted on July 12, 2016 8:26 am<http://electionlawblog.org/?p=84207> by Rick Hasen<http://electionlawblog.org/?author=3>

The New Zealand Herald reports<http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=11673090>, and in the process calls the Washington Post “America’s traditional paper of record.”
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Posted in Supreme Court<http://electionlawblog.org/?cat=29>

Rep. Corrine Brown Says Orlando Victims Would Still Be Alive if Federal Agents Were Not Investigating Corruption Charges Against Her<http://electionlawblog.org/?p=84205>
Posted on July 12, 2016 8:22 am<http://electionlawblog.org/?p=84205> by Rick Hasen<http://electionlawblog.org/?author=3>

Outrageous.<https://www.washingtonpost.com/news/the-fix/wp/2016/07/12/corrine-brown-the-orlando-massacre-and-what-not-to-say-when-youre-indicted-by-the-feds/>
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Posted in chicanery<http://electionlawblog.org/?cat=12>


Toobin: Justice Ginsburg Would Have to Recuse in Bush v. Gore Type Scenario<http://electionlawblog.org/?p=84203>
Posted on July 12, 2016 8:20 am<http://electionlawblog.org/?p=84203> by Rick Hasen<http://electionlawblog.org/?author=3>

Via CNN:<http://www.cnn.com/2016/07/12/opinions/ruth-bader-ginsburg-trump-toobin/index.html>
But electoral politics have long been off-limits for sitting judges, including justices. They are expected to refrain from telling us their opinions — in part because they are expected to be above such considerations but also because they rule on cases that have a strong political content. And all presidents have lots of business before the Supreme Court.
The line between judicial politics and partisan politics can seem artificial, and Ginsburg, in her ninth decade, has decided to pretend that the line doesn’t exist. There’s a bracing honesty to this kind of candor, but it’s clear she’s chosen to express herself in a way that justices traditionally have not.
At the practical level, Ginsburg will certainly have to recuse herself if any Bush v. Gore-style lawsuit comes before the court during this election season. She’s made her views too clear about Clinton v. Trump to sit as an impartial judge. (In 2003, Justice Antonin Scalia recused himself <http://www.nytimes.com/2003/10/15/us/supreme-court-to-consider-case-on-under-god-in-pledge-to-flag.html> in a case challenging the words “under God” in the Pledge of Allegiance because he had expressed support for those words in public speeches.)
I raised this question<http://electionlawblog.org/?p=84177> yesterday.
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Posted in Bush v. Gore reflections<http://electionlawblog.org/?cat=5>, Supreme Court<http://electionlawblog.org/?cat=29>


“Mr. de Blasio and the Spirit of the Campaign Finance Law”<http://electionlawblog.org/?p=84201>
Posted on July 12, 2016 8:17 am<http://electionlawblog.org/?p=84201> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT editorial<http://www.nytimes.com/2016/07/11/opinion/mr-de-blasio-and-the-spirit-of-the-campaign-finance-law.html?_r=0>:

Mayor Bill de Blasio<http://topics.nytimes.com/top/reference/timestopics/people/d/bill_de_blasio/index.html?inline=nyt-per> is clearly relieved that the New York City Campaign Finance Board did not find that he and his aides violated the law<http://www.nytimes.com/2016/07/07/nyregion/agency-clears-mayor-de-blasio-and-nonprofit-of-campaign-finance-violations.html> by raising and spending large amounts of money through a nonprofit organization to promote his agenda.

But he should not feel absolved. The board all but accused City Hall of making a mockery of the city’s strict campaign-finance laws by soliciting big contributions from special interests for the organization, called the Campaign for One New York.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>


Justice Ginsburg Doubles Down on Trump Comments<http://electionlawblog.org/?p=84199>
Posted on July 12, 2016 8:11 am<http://electionlawblog.org/?p=84199> by Rick Hasen<http://electionlawblog.org/?author=3>

in comments to CNN’s (and UCI Law’s) Joan Biskupic<http://www.cnn.com/2016/07/12/politics/justice-ruth-bader-ginsburg-donald-trump-faker/index.html>.
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Posted in Supreme Court<http://electionlawblog.org/?cat=29>


Don McGahn (Trump’s Lawyer) Statement on VA Delegate Case<http://electionlawblog.org/?p=84195>
Posted on July 11, 2016 6:00 pm<http://electionlawblog.org/?p=84195> by Rick Hasen<http://electionlawblog.org/?author=3>

Via Facebook:<https://www.facebook.com/DonaldTrump/posts/10157294436575725>

Trump Campaign Attorney and former FEC Chairman Don McGahn issued the following statement:

“The court has confirmed what we have said all along: Rule 16 is in effect and thus delegates, including Correll, are bound to vote in accordance with the election results. The court did not buy what Curly Haugland was selling, and noted that his testimony has no support in the rule’s text and was contradicted by his own book, Unbound. This case puts his unbound theory to rest, and is a fatal blow to the Anti-Trump agitators.”

The Facebook post as a whole seeks to paint the loss as a win. (Though as a loss it is unlikely to hurt the campaign.)
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Posted in campaigns<http://electionlawblog.org/?cat=59>, political parties<http://electionlawblog.org/?cat=25>


Paul Horwitz on the RBG Interviews, Journalism, and the Justice’s Judgment<http://electionlawblog.org/?p=84193>
Posted on July 11, 2016 4:07 pm<http://electionlawblog.org/?p=84193> by Rick Hasen<http://electionlawblog.org/?author=3>

Important read.<http://prawfsblawg.blogs.com/prawfsblawg/2016/07/judges-and-perhaps-journalists-behaving-badly.html>
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Posted in Supreme Court<http://electionlawblog.org/?cat=29>


“Judge strikes down Va. primary law after challenge by anti-Trump convention delegate”<http://electionlawblog.org/?p=84191>
Posted on July 11, 2016 2:40 pm<http://electionlawblog.org/?p=84191> by Rick Hasen<http://electionlawblog.org/?author=3>

Richmond Times Dispatch<http://www.richmond.com/news/virginia/article_d98ac087-7c75-5d60-9eb0-3b2b17dcbc16.html>:

A federal judge struck down an obscure element of Virginia’s presidential primary laws Monday, handing a symbolic victory to Republican National Convention delegate who has refused to support Donald Trump.

You can find the judge’s 65-page opinion here<http://online.wsj.com/public/resources/documents/Trump_Delegate.pdf>.
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Posted in political parties<http://electionlawblog.org/?cat=25>


“Twitter rants against NRA, Kochs, Trump retweeted by top FEC Dem”<http://electionlawblog.org/?p=84189>
Posted on July 11, 2016 2:36 pm<http://electionlawblog.org/?p=84189> by Rick Hasen<http://electionlawblog.org/?author=3>

Retweets by Ann Ravel<http://www.foxnews.com/politics/2016/07/07/twitter-rants-against-nra-kochs-trump-retweeted-by-top-fec-dem.html> cause controversy.
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Posted in federal election commission<http://electionlawblog.org/?cat=24>
Uh, a Little Late<http://electionlawblog.org/?p=84187>
Posted on July 11, 2016 2:34 pm<http://electionlawblog.org/?p=84187> by Rick Hasen<http://electionlawblog.org/?author=3>

News from NC: State voter ID trial to start Sept. 26<http://www.wral.com/state-voter-id-trial-to-start-sept-26/15844315/#L9sJuIoBTrK2RwCr.99>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“This new California law could dramatically change the demographics of its electorate”<http://electionlawblog.org/?p=84185>
Posted on July 11, 2016 9:42 am<http://electionlawblog.org/?p=84185> by Rick Hasen<http://electionlawblog.org/?author=3>

Eric McGhee and Mindy Romero<https://www.washingtonpost.com/news/monkey-cage/wp/2016/07/11/this-new-california-law-could-dramatically-change-the-demographics-of-its-electorate/> in The Monkey Cage:

California recently passed the New Motor Voter Act, a law designed to register eligible residents to vote by default when they use the Department of Motor Vehicles (DMV), unless they decline. Other states have or are considering similar laws. But because of California’s diversity and size — the 2016 population was 39.2 million and climbing — the Golden State’s law garnered<https://www.washingtonpost.com/news/the-fix/wp/2015/09/15/heres-why-california-republicans-oppose-a-measure-to-link-voter-registration-to-drivers-licenses/> special<http://www.vox.com/2015/9/14/9319889/california-automatic-voter-registration> interest<http://www.nytimes.com/2015/10/11/us/california-law-will-automatically-register-drivers-to-vote.html?_r=0> when it passed last fall.

In a new report<http://www.ppic.org/main/publication_quick.asp?i=1201>, we look at the law’s likely effect on the demographics of California’s electorate, and at the number of new potential voters it might register in its first year. We find that supporters are right to see great promise in the law, but how the law is implemented will be far more important than many have suggested.

The new law could dramatically change California’s electorate. Emphasis on “could.”
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Posted in election administration<http://electionlawblog.org/?cat=18>, voter registration<http://electionlawblog.org/?cat=37>


“Donald Trump hopes to cure cash woes with $449,400-per-ticket fundraiser”<http://electionlawblog.org/?p=84183>
Posted on July 11, 2016 9:25 am<http://electionlawblog.org/?p=84183> by Rick Hasen<http://electionlawblog.org/?author=3>

The Guardian reports.<https://www.theguardian.com/us-news/2016/jul/11/donald-trump-campaign-donations-california-fundraiser-clinton>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>


2016 Election Law Supplement Shipping Aug. 2; Instructors Can Get Electronic Copy Now<http://electionlawblog.org/?p=84181>
Posted on July 11, 2016 9:01 am<http://electionlawblog.org/?p=84181> by Rick Hasen<http://electionlawblog.org/?author=3>

The 2016 Supplemen<http://www.cap-press.com/books/isbn/9781531000899/Election-Law-Fifth-Edition-2016-Supplement>t for Lowenstein, Hasen, and Tokaji, Election Law: Cases and Materials<http://www.cap-press.com/books/isbn/9781611631784/Election-Law-Fifth-Edition> (5th ed) will ship from the warehouse on August 2. If you are an instructor who has adopted the book and want an advanced electronic copy, use this link<http://www.cap-press.com/compform.php?booknum=8038> to contact the publisher. Here is the description of the Supplement:

Election Law, Fifth Edition: 2016 Supplement

by Daniel Hays Lowenstein<http://www.cap-press.com/authors/118/Daniel-Hays-Lowenstein>, Richard L. Hasen<http://www.cap-press.com/authors/396/Richard-L.-Hasen>, Daniel P. Tokaji<http://www.cap-press.com/authors/899/Daniel-P.-Tokaji>

Forthcoming July 2016 • $22.00 • 184 pp • looseleaf • ISBN: 978-1-5310-0089-9

Tags: Election Law<http://www.cap-press.com/ms/30/Election-Law>

________________________________

The 2016 Supplement to the fifth edition of Election Law: Cases and Materials is up to date through the end of the Supreme Court’s October 2015 term. It includes excerpts of the Supreme Court’s decisions in McCutcheon v. FEC and other post-Citizens United campaign finance cases, as well as Shelby County v. Holder, which struck down a key provision of the Voting Rights Act.

This year’s supplement covers recent redistricting cases from Alabama, Arizona, Texas, and Virginia, including Evenwel v. Abbott, the latest word on the meaning of one person, one vote. The supplement also considers new developments in voting rights, including ongoing lawsuits over voter identification, early voting, and voter registration, as well as litigation over citizenship requirements under the Elections Clause following the Supreme Court’s opinion in Arizona v. Inter Tribal Council. Finally the supplement covers the Court’s decision in Susan B. Anthony List v. Driehausregarding false campaign speech.
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Posted in pedagogy<http://electionlawblog.org/?cat=23>


“The Cycle of Reform ‘Fixes'”<http://electionlawblog.org/?p=84179>
Posted on July 11, 2016 8:29 am<http://electionlawblog.org/?p=84179> by Rick Hasen<http://electionlawblog.org/?author=3>

Bauer blogs<http://www.moresoftmoneyhardlaw.com/2016/07/cycle-reform-fixes/>.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>



--
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<mailto:rhasen at law.uci.edu>
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org<http://electionlawblog.org/>
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