[EL] ELB News and Commentary 7/22/16

[Rick Hasen]

“Democratic PAC Files FEC Complaint Over Melania Trump’s RNC Speech”<http://electionlawblog.org/?p=84510>
Posted on July 22, 2016 8:30 am<http://electionlawblog.org/?p=84510> by Rick Hasen<http://electionlawblog.org/?author=3>
NBC News reports.<http://www.nbcnews.com/storyline/2016-conventions/democratic-pac-files-fec-complaint-over-melania-trump-s-rnc-n614131>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Florida Town Proposes a Ban on Super PACs—What Could Happen?”<http://electionlawblog.org/?p=84508>
Posted on July 22, 2016 8:28 am<http://electionlawblog.org/?p=84508> by Rick Hasen<http://electionlawblog.org/?author=3>
Yes! Magazine reports.<http://www.yesmagazine.org/new-economy/florida-town-proposes-a-ban-on-super-pacs-what-could-happen-20160721>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>

“Appeals court asked to delay acting on former Gov. Bob McDonnell case”<http://electionlawblog.org/?p=84506>
Posted on July 22, 2016 8:08 am<http://electionlawblog.org/?p=84506> by Rick Hasen<http://electionlawblog.org/?author=3>
Richmond Times-Dispatch<http://www.richmond.com/news/virginia/government-politics/article_1d5a7d82-b1ea-53b2-b112-d565f8c6984b.html>:
The U.S. Attorney’s Office is asking the 4th U.S. Circuit Court of Appeals to hold off acting on last month’s U.S. Supreme Court ruling in the case of former Gov. Bob McDonnell for 30 days so both sides can analyze it and discuss their next steps.
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Posted in bribery<http://electionlawblog.org/?cat=54>, chicanery<http://electionlawblog.org/?cat=12>

“Restoring the Right to Vote in Texas”<http://electionlawblog.org/?p=84504>
Posted on July 22, 2016 8:06 am<http://electionlawblog.org/?p=84504> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT editorial.<http://www.nytimes.com/2016/07/22/opinion/restoring-the-right-to-vote-in-texas.html?ref=opinion&_r=0>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

More Controversy Over Trump Foreign Campaign Contribution Solicitations<http://electionlawblog.org/?p=84502>
Posted on July 22, 2016 8:00 am<http://electionlawblog.org/?p=84502> by Rick Hasen<http://electionlawblog.org/?author=3>
Watchdogs<http://www.democracy21.org/money-in-politics/letters-to-the-doj/watchdog-groups-call-on-doj-to-investigate-trump-campaign/>
Anti-watchdogs<https://www.pillaroflaw.org/index.php/blog/entry/campaign-legal-center-files-possibly-the-dumbest-campaign-finance-complaint-ever>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

“DNC Host Committee Asks Court to Keep Donor List Under Wraps”<http://electionlawblog.org/?p=84500>
Posted on July 22, 2016 7:52 am<http://electionlawblog.org/?p=84500> by Rick Hasen<http://electionlawblog.org/?author=3>
AP reports.<http://hosted.ap.org/dynamic/stories/U/US_DEM_2016_DONORS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2016-07-21-13-25-39>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>, political parties<http://electionlawblog.org/?cat=25>

“In Texas, Fixing Voter ID Law Ruled to Be Discriminatory Will Be Tricky Task”<http://electionlawblog.org/?p=84494>
Posted on July 21, 2016 5:57 pm<http://electionlawblog.org/?p=84494> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT<http://www.nytimes.com/2016/07/22/us/in-texas-fixing-voter-id-law-ruled-to-be-discriminatory-will-be-tricky-task.html>:
Ever since Texas’ strict voter identification law was passed in 2011, Democratic lawmakers and minority groups had focused on how to get it struck down. This week, after a federal appeals court ruled that the law discriminated against minorities, there is a new, equally vexing question: how to fix it.
The appellate court’s decision<http://www.nytimes.com/2016/07/21/us/federal-court-rules-texas-id-law-violates-voting-rights-act.html> kept the law in place but instructed a lower court judge to come up with procedures to minimize the law’s effect on those who do not have an approved form of government-issued photo ID or who face hurdles in easily obtaining one, many of whom are black or Hispanic. North Carolina, South Carolina and other states that have passed voter ID requirements have had similar court battles over how, and whether, to loosen their rules to accommodate poor and minority voters.
One option is allowing voter-registration cards to be used as ID. Those cards are mailed to voters and do not have a photograph, and might be more readily available to an impoverished voter than a government-issued photo ID. Another option is expanding the list of acceptable IDs to include student IDs or government-employee IDs. And yet another possible solution involves having the state exempt the poor from having to show a photo ID to vote, an exception modeled on Indiana’s voter ID law.
Election law experts and opponents of voter ID restrictions cautioned, however, that softening the effect of voter restrictions is more easily ordered by a court than accomplished in reality.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>, Voting Rights Act<http://electionlawblog.org/?cat=15>


Why a Loss on NC Voter ID Would Look Like a Win in Texas<http://electionlawblog.org/?p=84492>
Posted on July 21, 2016 4:46 pm<http://electionlawblog.org/?p=84492> by Rick Hasen<http://electionlawblog.org/?author=3>
Just a short note to point out how the goalposts have moved.
Plaintiffs in the Texas voter id case yesterday were claiming victory after the Fifth Circuit en banc held that Texas’s strict voter id law violated Section 2 of the Voting Rights Act. But the remedy the court approved was not striking the law as a whole; instead the trial court is to come up with some means of softening the law, such as allowing those who face a reasonable impediment to voting to be able to cast a ballot by signing an affidavit so attesting.
Now flip to NC, where the state in the face of litigation against its omnibus make-voting-harder law followed South Carolina’s model in creating a “reasonable impediment” softening to the strictness of its voter id law. SC adopted that to get Section 5 preclearance from a court when that still existed. NC is trying to avoid section 2 liability, and the trial court believed that the voter id law with the reasonable impediment workaround eliminated any discriminatory effects of the law. That’s now up on appeal before the 4th Circuit.
So if plaintiffs lose on the voter ID issue in NC it will look just like the win in Texas: a strict law in place, with a workaround that may or may not work well on the ground.
Now I’ve been very skeptical <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2743946> of these workarounds, believing they work better in theory than in practice, and provide a means to make judges feel better about the potential disenfranchisement caused by these laws. I’d like to see the NC and TX laws thrown out entirely.
But it looks more like the courts are converging on the harsh law with softening as the compromise.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>, Voting Rights Act<http://electionlawblog.org/?cat=15>


“Ciara Torres-Spelliscy: The strange legal marriage of the anti-choice movement and campaign finance”<http://electionlawblog.org/?p=84490>
Posted on July 21, 2016 4:16 pm<http://electionlawblog.org/?p=84490> by Rick Hasen<http://electionlawblog.org/?author=3>
In Guernica.<https://www.guernicamag.com/daily/ciara-torres-spelliscy-the-strange-legal-marriage-of-the-anti-choice-movement-and-campaign-finance/>
She also has this piece <http://www.brennancenter.org/blog/donald-trump-costly-pick-mike-pence> on Pence pay to play and the Trump campaign.
Update: Robbin Stewart replies.<http://ballots.blogspot.com/2016/07/some-thoughts-inspired-by-httpswww.html>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>


Storify from @UCILaw on #UCILawSCOTUS 2016<http://electionlawblog.org/?p=84488>
Posted on July 21, 2016 4:13 pm<http://electionlawblog.org/?p=84488> by Rick Hasen<http://electionlawblog.org/?author=3>
Here.<https://storify.com/UCILaw/ucilawscotus-2016?utm_campaign=website&utm_source=email&utm_medium=email>
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Posted in Supreme Court<http://electionlawblog.org/?cat=29>


FELN Files Amicus Brief on Purcell Timing Issue in Kansas EAC Appeal<http://electionlawblog.org/?p=84483>
Posted on July 21, 2016 4:11 pm<http://electionlawblog.org/?p=84483> by Rick Hasen<http://electionlawblog.org/?author=3>
You can read the brief at this link.<http://electionlawblog.org/wp-content/uploads/FELN-amicus.pdf>
The article sounds some of the themes I put forth in Reining in the Purcell Principle, Florida State University Law Review(forthcoming 2015) (draft available<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2545676>) (this article has been forthcoming for about as long as we’ve been waiting for a decision in the TX redistricting case).
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“Trump reverses his opposition to super PACs and is now willing to headline events for a big-money group”<http://electionlawblog.org/?p=84481>
Posted on July 21, 2016 2:23 pm<http://electionlawblog.org/?p=84481> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo.<https://www.washingtonpost.com/news/post-politics/wp/2016/07/21/trump-reverses-his-opposition-to-super-pacs-and-is-now-willing-to-headline-events-for-a-big-money-group/?postshare=4511469136005813&tid=ss_tw> I’d do my usual pity the billionaire but I doubt Trump’s actually a billionaire.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“Plotting the End of Super PACs”<http://electionlawblog.org/?p=84479>
Posted on July 21, 2016 2:03 pm<http://electionlawblog.org/?p=84479> by Rick Hasen<http://electionlawblog.org/?author=3>
Justin Miller<http://prospect.org/article/plotting-end-super-pacs> for TAP:
More than six years after the Supreme Court’s Citizens United decision, the free-spending super PACs that many progressives consider a blight on American democracy are the target of a multi-pronged campaign to put them out of business.
Step one was a Federal Election Commission complaint earlier this month by pro-reform advocacy groups, lawmakers, and congressional candidates. The complaint takes legal aim at SpeechNow.org v. FEC, a lower court ruling that ushered in super PACs in the wake of Citizens United. Spearheaded by the campaign-finance reform group Free Speech For People, that complaint holds out the promise of a legal challenge that could wend its way to the Supreme Court. But it has met with skepticism from campaign-finance experts who contend that the strategy is destined to fail.
That explains step two, a local ordinance<http://freespeechforpeople.org/cms/assets/uploads/2016/07/FSFP-St.-Petersburg-Release_072016.pdf> scheduled to be introduced July 21 by a council member in the beachfront city of St. Petersburg, Florida.
The ordinance would establish contribution limits for independent-expenditure committees, essentially abolishing super PACs in the city. The law would also require that corporations that contribute money to local elections certify that they are not wholly or significantly influenced by foreign entities. Supporters of this ordinance see it as model legislation that could be emulated across the country and as a potential vehicle for a legal challenge that could invite the Supreme Court to reconsider the constitutionality of super PACs. These PACs may collect unlimited sums from billionaire corporate donors, so long as they operate independently from candidates. In 2014, super PACs raised nearly $700 million<https://www.opensecrets.org/outsidespending/summ.php?cycle=2014&disp=O&type=S&chrt=V>, according to the Center for Responsive Politics, and oftentimes outspent the campaigns of the candidates they supported.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>


Breaking: Trial Court in Texas Voter ID Case Sets Forth Softening Parameters, Timing<http://electionlawblog.org/?p=84476>
Posted on July 21, 2016 1:55 pm<http://electionlawblog.org/?p=84476> by Rick Hasen<http://electionlawblog.org/?author=3>
Wasting no time, this scheduling order<http://electionlawblog.org/wp-content/uploads/veasey-scheduling.pdf> from the trial court also includes the contours of what a softening rule must look like:
It is further ORDERED that any plan for interim relief must include terms regarding the following:
· All persons who have SB 14 ID or who have the means to get it in time for the November 8, 2016 election must display that ID in order to vote;
· No ID that is easily counterfeited may be used in any ameliorative provision;
· There must be an impediment or indigency exception, which may include reinstatement of the ability to use the voter registration card for such voters;
· The State must educate the public in a meaningful way about the SB 14 ID requirements and all exceptions to those requirements that are set out in the original law and in the interim plan adopted by this Court;
· The State must educate and train workers at polling places to fully implement the resulting plan; and
· The plan shall address only the discriminatory effect holding of the Fifth Circuit’s opinion and shall not include relief that would be available only in the event that this Court finds, upon reweighing the evidence, that SB 14 was enacted with a discriminatory purpose.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>, Voting Rights Act<http://electionlawblog.org/?cat=15>


How Will Texas Voter ID “Softening” Work?<http://electionlawblog.org/?p=84474>
Posted on July 21, 2016 1:29 pm<http://electionlawblog.org/?p=84474> by Rick Hasen<http://electionlawblog.org/?author=3>
Zack Roth explores.<http://www.nbcnews.com/politics/politics-news/texas-voter-id-ruling-offers-stinging-rebuke-law-s-backers-n614281>
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>, Voting Rights Act<http://electionlawblog.org/?cat=15>


“Judge blocks Michigan ban on straight-party voting”<http://electionlawblog.org/?p=84472>
Posted on July 21, 2016 11:08 am<http://electionlawblog.org/?p=84472> by Rick Hasen<http://electionlawblog.org/?author=3>
Detroit News:<http://www.detroitnews.com/story/news/local/michigan/2016/07/21/straight-ticket/87391606/>
A federal judge in Detroit has issued four preliminary injunctions against state election officials, prohibiting Michigan from enforcing a new law that bans straight-ticket voting.
U.S. District Court Judge Gershwin A. Drain issued a 37-page opinion Thursday that said the new law puts a disproportionate burden on African Americans’ right to vote.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>


“What Texans Can Expect After Wednesdays’ Voter ID Ruling”<http://electionlawblog.org/?p=84470>
Posted on July 21, 2016 11:03 am<http://electionlawblog.org/?p=84470> by Rick Hasen<http://electionlawblog.org/?author=3>
I talked with Texas Standard<http://www.texasstandard.org/stories/what-texans-can-expect-after-wednesdays-voter-id-ruling/>, part of Texas Public Radio.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


New WI Elections Board Moves Quickly to Implement Affidavit Softening of Voter ID Ordered by Court<http://electionlawblog.org/?p=84467>
Posted on July 21, 2016 10:39 am<http://electionlawblog.org/?p=84467> by Rick Hasen<http://electionlawblog.org/?author=3>
Memorandum.<http://electionlawblog.org/wp-content/uploads/clerk_communication_affidavit_option_7_20_16_final_14200.pdf>
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>


“Donald Trump forgives loans he made to his campaign and ends June with $20 million in the bank”<http://electionlawblog.org/?p=84465>
Posted on July 21, 2016 10:36 am<http://electionlawblog.org/?p=84465> by Rick Hasen<http://electionlawblog.org/?author=3>
LAT<http://www.latimes.com/politics/la-na-pol-trump-campaign-finance-20160721-snap-story.html>:
Republican presidential candidate Donald Trump ended June with more than $20 million in the bank, according to federal campaign finance filings, as he rebounded from earlier dismal fundraising efforts.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>


More Texas Voter ID Stories and Releases<http://electionlawblog.org/?p=84463>
Posted on July 21, 2016 10:34 am<http://electionlawblog.org/?p=84463> by Rick Hasen<http://electionlawblog.org/?author=3>
Austin-American Statesman<http://www.mystatesman.com/news/news/state-regional-govt-politics/texas-voter-id-law-is-discriminatory-federal-appea/nr2yG/>
Texas Tribune<https://www.texastribune.org/2016/07/20/appeals-court-rules-texas-voter-id/>
NAACP LDF<http://www.naacpldf.org/press-release/ldf-applauds-fifth-circuit-court-appeals-en-banc-decision-finding-texas-voter-id-law-d>
Center for American Progress<https://www.americanprogress.org/press/statement/2016/07/21/141670/statement-caps-liz-kennedy-on-voting-rights-victories-in-texas-and-wisconsin/>



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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>, Voting Rights Act<http://electionlawblog.org/?cat=15>
“First-in-the-nation course on election design; Learn and practice plain language, design and usability skills”<http://electionlawblog.org/?p=84461>
Posted on July 21, 2016 10:26 am<http://electionlawblog.org/?p=84461> by Rick Hasen<http://electionlawblog.org/?author=3>
That’s the lead story in this week’s Electionline Weekly<http://www.electionline.org/index.php/electionline-weekly>.
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Posted in election administration<http://electionlawblog.org/?cat=18>

--

--
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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