[EL] ELB News and Commentary 7/14/16

Thu Jul 14 09:47:22 PDT 2016

TODAY! @UCILAW SCOTUS Term in Review Event Live Webcast 12 PM Pacific<http://electionlawblog.org/?p=84259>
Posted on July 14, 2016 9:27 am<http://electionlawblog.org/?p=84259> by Rick Hasen<http://electionlawblog.org/?author=3>

I'll be moderating a great program:<http://www.law.uci.edu/events/supreme-court-term-review/2016.html>

6th Annual Supreme Court Term in Review

Thursday, July 14, 2016, 12:00-1:30 p.m. Pacific Time
UCI Student Center, Pacific Ballroom (Map<http://www.studentcenter.uci.edu/wp-content/uploads/2014/06/map-directions-sc.pdf>)

*Registration and doors will open at 11:15 a.m.

Livestream ><http://livestream.com/accounts/867536/events/5521446>

This exciting and entertaining program reviews the Supreme Court's key cases decided in the October 2015 term, with an all-star panel of Supreme Court practitioners, journalists, and academics.

Panelists
*         Howard J. Bashman<http://www.hjbashman.com/>, Law Offices of Howard J. Bashman and How Appealing Blog
*         Erwin Chemerinsky<http://www.law.uci.edu/faculty/full-time/chemerinsky/index.html>, UCI Law
*         Kaaryn Gustafson<http://www.law.uci.edu/faculty/full-time/gustafson/index.html>, UCI Law
*         Dahlia Lithwick<http://www.slate.com/authors.dahlia_lithwick.html>, Slate
*         Robert Barnes<https://www.washingtonpost.com/people/robert-barnes>, The Washington Post
*         Moderated by Rick Hasen<http://www.law.uci.edu/faculty/full-time/hasen/index.html>, UCI Law

Viewers may submit questions via Twitter (@UCILaw<http://twitter.com/ucilaw> or @rickhasen<https://twitter.com/rickhasen>), using the hash tag#ucilawscotus at the end of your question.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

"Three Nonprofits, Former Koch Brothers' Associates, Fined by F.E.C."<http://electionlawblog.org/?p=84257>
Posted on July 14, 2016 9:22 am<http://electionlawblog.org/?p=84257> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT reports.<http://www.nytimes.com/2016/07/14/us/politics/koch-federal-election-commission-fines.html?ref=politics&_r=0>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>, tax law and election law<http://electionlawblog.org/?cat=22>

"Every Position Donald Trump Has Taken On How He Is Funding His Campaign"<http://electionlawblog.org/?p=84255>
Posted on July 14, 2016 9:08 am<http://electionlawblog.org/?p=84255> by Rick Hasen<http://electionlawblog.org/?author=3>

Peter Overby reports<http://www.npr.org/2016/07/14/485699964/every-position-donald-trump-has-taken-on-how-he-is-funding-his-campaign> for NPR.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

"UPDATE: Sean Noble and His Group Escape FEC Penalties While Allies Get Hit (FOLLOWING MONEY IN ARIZONA'S POLITICS)"<http://electionlawblog.org/?p=84253>
Posted on July 14, 2016 9:05 am<http://electionlawblog.org/?p=84253> by Rick Hasen<http://electionlawblog.org/?author=3>

Arizona's Politics reports.<http://arizonaspolitics.blogspot.com/2016/07/update-sean-noble-and-his-group-escape.html>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, tax law and election law<http://electionlawblog.org/?cat=22>

"Commentary: Inconvenient protests are the price of liberty"<http://electionlawblog.org/?p=84251>
Posted on July 14, 2016 9:04 am<http://electionlawblog.org/?p=84251> by Rick Hasen<http://electionlawblog.org/?author=3>

Tabatha Abu el-Haj has written this oped <http://www.philly.com/philly/opinion/20160714_Commentary__Inconvenient_protests_are_the_price_of_liberty.html> for the Philly Inquirer. It begins:

As Philadelphia prepares for the coming protests related to the Democratic National Convention - especially those that will proceed without authorization - it is worth remembering that the city has a long history with unpermitted, disruptive, and controversial marches.
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Posted in political parties<http://electionlawblog.org/?cat=25>, primaries<http://electionlawblog.org/?cat=32>, social media and social protests<http://electionlawblog.org/?cat=58>

"Voting by mail and the next election meltdown"<http://electionlawblog.org/?p=84249>
Posted on July 14, 2016 9:00 am<http://electionlawblog.org/?p=84249> by Rick Hasen<http://electionlawblog.org/?author=3>

Steve Hutkins has a very interesting post<http://votingbymail.com/voting-by-mail-and-the-next-election-meltdown/> on the Voting by Mail blog.
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Posted in absentee ballots<http://electionlawblog.org/?cat=53>, election administration<http://electionlawblog.org/?cat=18>

"Coalition and New Jersey Officials Improve Voter Registration Opportunities in the State"<http://electionlawblog.org/?p=84247>
Posted on July 14, 2016 8:57 am<http://electionlawblog.org/?p=84247> by Rick Hasen<http://electionlawblog.org/?author=3>

Release<http://www.projectvote.org/press-releases/coalition-new-jersey-officials-improve-voter-registration-opportunities-state/>:

Voting rights advocates and New Jersey officials announced today that they have reached a settlement<http://www.projectvote.org/wp-content/uploads/NJ-Fully-Excecuted-Settlement-Agmt-2016.pdf> to ensure low-income citizens are provided voter registration services through public assistance agencies, as required by the National Voter Registration Act (NVRA). New Jerseyans will be able to access these registration options in advance of the 2016 presidential elections.

Commonly known as the "Motor Voter" law, the NVRA requires motor vehicle agencies-as well as public assistance agencies<http://www.projectvote.org/issues/government-agency-registration/public-assistance-agencies/> that provide services such as Medicaid, Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), and other benefits-to proactively offer voter registration services to their clients. Since the implementation of the NVRA in 1993, over 170 million Americans have applied to get on the voter rolls through these registration services.

The settlement follows a notice letter<http://www.projectvote.org/wp-content/uploads/New-Jersey-Notice-Letter-10-1-2013.pdf> to the governor and Department of Human Services (DHS) from Project Vote, Demos, the Lawyers' Committee for Civil Rights Under Law, Rutgers Constitutional Rights Clinic, the NAACP, and the law firm of McCarter & English. The coalition's notice letter, sent on behalf of the New Jersey State Conference of the NAACP, alleged that New Jersey's public assistance agencies were not consistently offering clients on SNAP, TANF, and Medicaid an opportunity to register to vote.
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Posted in election administration<http://electionlawblog.org/?cat=18>, NVRA (motor voter)<http://electionlawblog.org/?cat=33>

"Why are Corporations in the Business of Funding Our National Conventions?"<http://electionlawblog.org/?p=84245>
Posted on July 14, 2016 8:54 am<http://electionlawblog.org/?p=84245> by Rick Hasen<http://electionlawblog.org/?author=3>

Release<http://www.campaignlegalcenter.org/news/press-releases/why-are-corporations-business-funding-our-national-conventions>:

This presidential election, corporations have threatened to pull financial support for the national conventions because they do not want to be associated with the views of presidential candidate Donald Trump. But given the longstanding federal ban on corporate support for nominating conventions, why are corporations in the business of paying for our political conventions at all?

That's the subject of the Campaign Legal Center's new report, Funding the Presidential Nominating Conventions: How a Trickle of Private Money Turned into a Flood<http://www.campaignlegalcenter.org/document/funding-presidential-nominating-conventions-how-trickle-private-money-turned-flood>, released today.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

"Ginsburg expresses 'regret' for remarks criticizing Trump"<http://electionlawblog.org/?p=84243>
Posted on July 14, 2016 8:53 am<http://electionlawblog.org/?p=84243> by Rick Hasen<http://electionlawblog.org/?author=3>

Bob Barnes<https://www.washingtonpost.com/politics/ginsburg-expresses-regret-over-remarks-criticizing-trump/2016/07/14/f53687bc-49cc-11e6-bdb9-701687974517_story.html?postshare=3501468508029976&tid=ss_tw> for WaPo:

"On reflection, my recent remarks in response to press inquiries were ill-advised and I regret making them," Ginsburg said. "Judges should avoid commenting on a candidate for public office. In the future I will be more circumspect."

Last week, Ginsburg publicly slammed Trump and what his possible presidency would mean for the court.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, Supreme Court<http://electionlawblog.org/?cat=29>

"Republican Officials Brace for Chaos at Convention"<http://electionlawblog.org/?p=84241>
Posted on July 13, 2016 10:04 pm<http://electionlawblog.org/?p=84241> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT:<http://www.nytimes.com/2016/07/14/us/politics/republican-convention-issues.html?ref=politics>

Republicans are bracing for the possibility of a drawn-out fight over Donald J. Trump<http://www.nytimes.com/interactive/2016/us/elections/donald-trump-on-the-issues.html?inline=nyt-per>'s nomination that could stretch into the convention next week, a spectacle party leaders are desperate to avoid.

As the party's governing body convened in Cleveland on Wednesday for a series of organizational meetings, the possibility that the smoldering dissent over Mr. Trump could become a full-blown eruption on the convention floor was a top concern.

Party officials were working in overdrive behind the scenes to beat back two challenges. One would force a vote that could theoretically open up the convention to any candidate who wants to seek the nomination. A second, organized by supporters of gay rights, would strike the entire Republican platform, which is staunchly conservative<http://www.nytimes.com/2016/07/13/us/politics/republican-convention-issues.html?ref=politics> in its treatment of sexuality, gender and religion.
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Posted in political parties<http://electionlawblog.org/?cat=25>, primaries<http://electionlawblog.org/?cat=32>

"No room at RNC for campaign finance watchdog? Group's director doesn't buy it."<http://electionlawblog.org/?p=84239>
Posted on July 13, 2016 9:47 pm<http://electionlawblog.org/?p=84239> by Rick Hasen<http://electionlawblog.org/?author=3>

The Fix<https://www.washingtonpost.com/news/the-fix/wp/2016/07/13/no-room-at-rnc-for-campaign-finance-watchdog-groups-director-doesnt-buy-it/> on Open Secrets shut out by RNC.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

"Commentary: Ruth Bader Ginsburg's slam of Trump does the nation no favors"<http://electionlawblog.org/?p=84237>
Posted on July 13, 2016 1:45 pm<http://electionlawblog.org/?p=84237> by Rick Hasen<http://electionlawblog.org/?author=3>

I have written this oped<http://www.reuters.com/article/us-election-trump-ginsburg-commentary-idUSKCN0ZT2IM> for Reuters Opinion. A snippet:

Some observers, such as my dean, Erwin Chemerinsky, have defended<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.nytimes.com_roomfordebate_2016_07_12_can-2Da-2Dsupreme-2Dcourt-2Djustice-2Ddenounce-2Da-2Dcandidate_justices-2Dhave-2Dfree-2Dspeech-2Drights-2Dtoo&d=CwMFAg&c=4ZIZThykDLcoWk-GVjSLm9hvvvzvGv0FLoWSRuCSs5Q&r=6_YVtp-PIP2cnboviHDqvRYY6Py_ZdIcHRj1ni_HIsxG56iheF9WHS_Vj2kQ9yEU&m=UMexq4f64z3l1A1rVGS4rI54ls-u5ZtxR2qUBtW3mf4&s=n1bxd6S_nhlO9a3dqwMSvXPiWAFRW5PvOmv-3bj-ees&e=>  Ginsburg's right to speak her mind on political issues. Others have stated that Trump is a uniquely dangerous candidate for American democracy - and desperate times call for desperate measures.

The First Amendment argument misses the point. It is not about what Ginsburg might say, but what the consequences of her speech are for the Supreme Court and for American democracy.

It is certainly possible that litigation involving the Trump campaign will make it to the Supreme Court on an emergency basis before the election. After all, the rates of election-related lawsuits have more than doubled<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.stanfordlawreview.org_print_article_election-2Dlaw-25E2-2580-2599s-2Dpath-2Droberts-2Dcourt-25E2-2580-2599s-2Dfirst-2Ddecade&d=CwMFAg&c=4ZIZThykDLcoWk-GVjSLm9hvvvzvGv0FLoWSRuCSs5Q&r=6_YVtp-PIP2cnboviHDqvRYY6Py_ZdIcHRj1ni_HIsxG56iheF9WHS_Vj2kQ9yEU&m=UMexq4f64z3l1A1rVGS4rI54ls-u5ZtxR2qUBtW3mf4&s=QEtEdXZp5sYNeJDE96U4A40N5_P0aALdL6Z4QFhB7fQ&e=> in the period since the disputed 2000 election. Every election since has seen emergency litigation<https://urldefense.proofpoint.com/v2/url?u=http-3A__papers.ssrn.com_sol3_papers.cfm-3Fabstract-5Fid-3D2545676&d=CwMFAg&c=4ZIZThykDLcoWk-GVjSLm9hvvvzvGv0FLoWSRuCSs5Q&r=6_YVtp-PIP2cnboviHDqvRYY6Py_ZdIcHRj1ni_HIsxG56iheF9WHS_Vj2kQ9yEU&m=UMexq4f64z3l1A1rVGS4rI54ls-u5ZtxR2qUBtW3mf4&s=IMCcsirrXPaNXe3DQiXlnLrnsWVMMzNTs3p97qIblXM&e=> over election rules get to the court.

Indeed, if we are extremely unlucky, we could be involved in a "Clinton v. Trump" post-election litigation, in which the court's decision could help determine the outcome of the presidential race.

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Posted in Supreme Court<http://electionlawblog.org/?cat=29>, The Voting Wars<http://electionlawblog.org/?cat=60>

"Would Ruth Bader Ginsburg have to recuse herself if Donald Trump wins?"<http://electionlawblog.org/?p=84235>
Posted on July 13, 2016 11:20 am<http://electionlawblog.org/?p=84235> by Rick Hasen<http://electionlawblog.org/?author=3>

Ariane de Vogue reports<http://www.cnn.com/2016/07/13/politics/ruth-bader-ginsburg-donald-trump-recuse/index.html> for CNN.
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Posted in Supreme Court<http://electionlawblog.org/?cat=29>

"New Report Finds State Court Judges Tend to Decide Election Cases Based on Partisan Loyalty"<http://electionlawblog.org/?p=84233>
Posted on July 13, 2016 10:33 am<http://electionlawblog.org/?p=84233> by Rick Hasen<http://electionlawblog.org/?author=3>

ACS release:<http://www.acslaw.org/news/press-releases/new-report-finds-state-court-judges-tend-to-decide-election-cases-based-on>

A new study by independent researchers at Emory Law School finds that the upward spiral of big money fundraising and aggressive politics in state judicial elections pressures judges to become partisan actors who favor their own party in deciding election disputes. Bush v. Gore is by far the most famous of this kind of election case, but state courts decide many similar cases every year, regularly determining who wields power at the state and local level. State judges are under enormous political pressure to join in party-based fundraising and campaign networks to survive what has become a fiercely competitive electoral environment. Analyzing a new dataset of cases from 2005 to 2014,Partisan Justice<https://partisanjustice.org/> finds that state court judges are systematically biased by these types of campaign finance and re-election influences to help their party's candidates win office and favor their party's interests in election disputes. It provides the first systematic evidence of the hidden influence of raw partisanship and party campaign finance on judicial decision-making in these election disputes.

Especially troubling is that here is little reason to believe that partisanship influences judges only in election cases. If judges are influenced, consciously or not, by party loyalty in election cases, they are likely tempted to do so in other types of cases as well, even if it is methodologically difficult to prove the role partisanship plays. The study, titledPartisan Justice<https://partisanjustice.org/>, likely exposes just the tip of the proverbial iceberg.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, judicial elections<http://electionlawblog.org/?cat=19>

--
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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