[EL] ELB News and Commentary 6/1/16
Rick Hasen
rhasen at law.uci.edu
Wed Jun 1 07:32:02 PDT 2016
“Illinois could become the fifth state with automatic voter
registration” <http://electionlawblog.org/?p=83299>
Posted onJune 1, 2016 7:29 am
<http://electionlawblog.org/?p=83299>byRick Hasen
<http://electionlawblog.org/?author=3>
Daily Herald: <http://www.dailyherald.com/article/20160531/news/160539814/>
The measure, which was approved by both the Illinois House and
Senate Tuesday in the final hours of the spring session, will go to
Republican Gov. Bruce Rauner for approval.
Rauner has indicated in the past that he’d support simplifying the
voting process but hasn’t specifically said whether he’d sign the
plan into law….
Still, Republican lawmakers raised concerns, including questions
over the cost of implementing the plan, particularly for local
election boards.
“We’ve made so many other opportunities with early voting,” said
state Rep. David Harris, an Arlington Heights Republican. “I think
it’s important for the voter to have a little bit of initiative to
do what they need to do and not just automatically be signed up.”
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Thousands of U.S. voters in limbo after Kansas toughens election
law” <http://electionlawblog.org/?p=83297>
Posted onJune 1, 2016 7:22 am
<http://electionlawblog.org/?p=83297>byRick Hasen
<http://electionlawblog.org/?author=3>
Reuters
<http://www.reuters.com/article/us-usa-votingrights-kansas-insight-idUSKCN0YN4AQ>:
While you must be a U.S. citizen to vote in American elections, most
states allow those wishing to register to simply sign a statement
affirming they are citizens and provide a driver’s license number,
Social Security number, or other proof of residency.
A Reuters analysis of the Kansas suspense list shows the law
disproportionately hits young voters, who often do not have ready
access to the needed documents, as well as unaffiliated and
Democratic voters in the Republican-controlled state.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Inside Democrats’ Trump-fueled scramble to take back the House”
<http://electionlawblog.org/?p=83295>
Posted onJune 1, 2016 7:14 am
<http://electionlawblog.org/?p=83295>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo
<https://www.washingtonpost.com/politics/inside-democrats-trump-fueled-scramble-to-take-back-the-house/2016/05/31/deddd502-1e97-11e6-b6e0-c53b7ef63b45_story.html>:
Facing a 30-seat deficit, Democrats have dramatically improved their
odds of retaking the House since Biden’s remarks. Republicans are on
the verge of formally nominating Donald Trump, a presidential
candidate who remains deeply unpopular among minorities, women and
younger voters — just the kind of voters Democrats need to win House
seats in swing districts.
Democrats have scrambled to convince enough credible, well-funded
candidates to enter key races that could flip control of the chamber
— and time is fast running out to recruit more.
Party leaders in Washington had so written off the idea of retaking
the majority that a “Majority Project” launched last fall was aimed
at elections in 2022 — after the next round of congressional
redistricting. Trump’s rise to presumptive GOP nominee sparked a
scramble in recent months to recruit Democratic candidates, even in
some Republican-leaning districts.
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“Supreme Court Won’t Touch This Legal Challenge to Ted Cruz’s
‘Natural Born’ Status” <http://electionlawblog.org/?p=83293>
Posted onJune 1, 2016 7:12 am
<http://electionlawblog.org/?p=83293>byRick Hasen
<http://electionlawblog.org/?author=3>
Cristian
Farias<http://www.huffingtonpost.com/entry/supreme-court-ted-cruz_us_574de545e4b0757eaeb0def0>for
HuffPo.
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Posted incampaigns <http://electionlawblog.org/?cat=59>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Hearing TODAY on Sanders backers’ bid for injunction in Calif.
Primary” <http://electionlawblog.org/?p=83291>
Posted onJune 1, 2016 7:03 am
<http://electionlawblog.org/?p=83291>byRick Hasen
<http://electionlawblog.org/?author=3>
Release
<http://www.sfcityattorney.org/2016/06/01/hearing-today-sanders-backers-injunction-calif-primary/>:
federal judge will hear arguments today—Wednesday, June 1, at 11:00
a.m.—on a motion by supporters of Sen. Bernie Sanders’ presidential
campaign for an emergency injunction in California’s June 7
Presidential Primary. Plaintiffs, who include an unincorporated
association of Sanders backers called the “Voting Rights Defense
Project,” seek far-reaching injunctive relief in the election.
Voting in the nation’s most populous state has been underway since
May 9….Judge Alsup issued his one-paragraph scheduling order shortly
after plaintiffs filed their after-hours motion for a preliminary
injunction last Friday, at approximately 7:00 p.m. Specifics of the
injunction order sought by Sanders’ supporters include: requiring
poll workers in California’s 58 counties to individually inform “no
party preference” voters of their right to request a partisan
presidential primary ballot; compelling statewide television, radio,
internet and email announcements to inform voters about state
election laws; and, “if possible,” to extend California’s voter
registration deadline—which passed on May 23 for eligibility to vote
in the June 7 primary—until election day itself. The civil complaint
filed by Sanders’ supporters on May 20 additionally sought
injunctive relief that included a requirement for California
elections officials segregate ballots already cast by unaffiliated
voters, and to allow “re-votes” by those voters for presidential
primary candidates.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Some Durham County voters will receive new primary ballot”
<http://electionlawblog.org/?p=83289>
Posted onJune 1, 2016 6:57 am
<http://electionlawblog.org/?p=83289>byRick Hasen
<http://electionlawblog.org/?author=3>
Mess
<http://www.newsobserver.com/news/state/north-carolina/article81015052.html>in
NC:
In light of finding Durham County elections workers had counted
dozens more votes than had actually been cast, the State Board of
Elections has decided to scratch 892 provisional ballots and mail
out new ballots to those voters more than two months later.
In a meeting to finalize the results of the March 15 primary, the
board voted unanimously to approve only 147 provisional ballots that
could be checked for eligibility and moved to send out new ballots
to voters whose ballots could not be verified.
The decision came out of a state investigation into discrepancies in
the Durham County election primaries that found the state only had
physical copies for 980 provisional ballots, despite having approved
or partially approved 1,039 provisional ballots to count toward
final election totals.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“HP Inc. Joins Companies Declining to Contribute to G.O.P.
Convention” <http://electionlawblog.org/?p=83287>
Posted onMay 31, 2016 8:04 pm
<http://electionlawblog.org/?p=83287>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT reports.
<http://www.nytimes.com/2016/06/01/us/politics/hewlett-packard-republican-convention-trump.html?ref=politics>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“10 Montana Republicans call for special session on campaign
finance” <http://electionlawblog.org/?p=83285>
Posted onMay 31, 2016 8:03 pm
<http://electionlawblog.org/?p=83285>byRick Hasen
<http://electionlawblog.org/?author=3>
The latest
<http://billingsgazette.com/news/government-and-politics/montana-republicans-call-for-special-session-on-campaign-finance/article_1bb5a88c-d139-5348-923e-1703a279ace4.html>from
Montana.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“State rep resigns, charged in voter fraud”
<http://electionlawblog.org/?p=83283>
Posted onMay 31, 2016 7:58 pm
<http://electionlawblog.org/?p=83283>byRick Hasen
<http://electionlawblog.org/?author=3>
New Hampshire Union Leader:
<http://www.unionleader.com/State-rep-resigns-charged-in-voter-fraud-20160531>
A state representative who resigned Friday has been charged with
felony witness tampering and bribery related to an investigation
into possible voter fraud.
Rep. Don Leeman, R-Rochester, is charged with trying to convince a
person to attest to a false statement about his residency and
offering to make a significant donation to expedite his move to
another location within his legislative district.
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Posted inchicanery <http://electionlawblog.org/?cat=12>,election
administration <http://electionlawblog.org/?cat=18>
“1,400 ballots incorrectly mailed to San Francisco voters right
before election” <http://electionlawblog.org/?p=83281>
Posted onMay 31, 2016 7:53 pm
<http://electionlawblog.org/?p=83281>byRick Hasen
<http://electionlawblog.org/?author=3>
The SF Examiner reports.
<http://www.sfexaminer.com/1400-ballots-incorrectly-mailed-san-francisco-voters-right-election/>
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Sheldon Adelson in Talks to Create Pro-Trump Super PAC”
<http://electionlawblog.org/?p=83279>
Posted onMay 31, 2016 5:09 pm
<http://electionlawblog.org/?p=83279>byRick Hasen
<http://electionlawblog.org/?author=3>
WSJ
<http://www.wsj.com/articles/sheldon-adelson-in-talks-to-create-pro-trump-super-pac-1464721696?tesla=y>:
Billionaire casino owner Sheldon Adelson is looking to set up a
super PAC to support Donald Trump’s presidential campaign, a move
that would add financial firepower from one of the most prolific
donors of the 2012 cycle.
Creation of the super PAC, which also would support Republicans in
key congressional races, hasn’t been finalized, according to two
people familiar with the talks. But it marks the latest sign that
more of the party establishment is coalescing around the New York
businessman after a bitter primary fight. Mr. Adelsonendorsed Mr.
Trump in early May
<http://blogs.wsj.com/washwire/2016/05/13/sheldon-adelson-endorses-donald-trump/>,
saying the election of another Democrat in 2016 would be “frightening.”
Mr. Adelson, chairman and chief executive ofLas Vegas Sands
<http://quotes.wsj.com/LVS>Corp., is aiming to ensure that his funds
be used effectively after his experience in 2012, one of the people
said. In that cycle, he spent close to $100 million on Republican
causes, supporting one winning and eight losing candidates—including
former House Speaker Newt Gingrich and eventual GOP nominee Mitt Romney.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“D.C. lobbyist drops first Trump general election fundraiser after
‘bullying’ from Trump attorney” <http://electionlawblog.org/?p=83277>
Posted onMay 31, 2016 3:21 pm
<http://electionlawblog.org/?p=83277>byRick Hasen
<http://electionlawblog.org/?author=3>
Interesting press release
<http://www.prnewschannel.com/2016/05/31/d-c-lobbyist-drops-first-trump-general-election-fundraiser-after-bullying-from-trump-attorney/>:
Burkman says he invited Trump to the fundraiser that was set for
June 1 at his Arlington, Virginia home. He invited fellow lobbyists
and government contractors.
The shindig, which received widespread national coverage and
interest from news organizations, was designed to then spawn groups
of 50 or more lobbyists that would then do events on their own.
Burkman says instead of a thank you note from Trump or his campaign,
he received what amounts toa “bully” letter from one of Donald
Trump’s attorneys
<http://prnewschannel.wpengine.netdna-cdn.com/wp-content/uploads/2016/05/DJTFP-Burkman-Event-Letter-5.19.16.pdf>.
In the letter, copied to Timothy Jost, the Treasurer for Donald J.
Trump for President, Trump’s attorney wanted Burkman to call off the
event.
Attorney Donald F. McGahn II, Counsel for Donald J. Trump for
President, Inc. writes that “potential supporters could be confused
that when they make a contribution to you, they are supporting
Donald J. Trump for President’s campaign, or that your efforts have
been sanctioned or otherwise authorized by him.”
Burkman says he replied to reassure the campaign that the invitation
clearly stated that this event was not paid for or organized by the
Trump campaign and, in fact, asks that checks be made out to the
Donald J. Trump campaign. Further, Burkman says, he advised that he
and the others involved planned to hold the event because too much
was on the line in this election. Burkman again invited Trump or one
of his surrogates to attend.
– See more at:
http://www.prnewschannel.com/2016/05/31/d-c-lobbyist-drops-first-trump-general-election-fundraiser-after-bullying-from-trump-attorney/#sthash.lcHq1vjP.dpuf
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
Supposed Third Party Candidate David French Defended North
Carolina’s Law Making It Harder to Vote
<http://electionlawblog.org/?p=83275>
Posted onMay 31, 2016 2:30 pm
<http://electionlawblog.org/?p=83275>byRick Hasen
<http://electionlawblog.org/?author=3>
Watch. <https://twitter.com/jonward11/status/737755683559333888>
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Posted infraudulent fraud squad <http://electionlawblog.org/?cat=8>,The
Voting Wars <http://electionlawblog.org/?cat=60>,third parties
<http://electionlawblog.org/?cat=47>
“Inventing Equal Sovereignty” <http://electionlawblog.org/?p=83273>
Posted onMay 31, 2016 12:49 pm
<http://electionlawblog.org/?p=83273>byRick Hasen
<http://electionlawblog.org/?author=3>
The lead article
<http://michiganlawreview.org/inventing-equal-sovereignty/>in the new
issue of the /Michigan Law Review/comes from my new colleague Leah
Litman. You will want to read this:
/The Supreme Court’s 2013 decision in/Shelby County v. Holder/relied
on the “fundamental principle” and “historic tradition” of equal
sovereignty to hold one of the Voting Rights Act’s key provisions
unconstitutional. Yet almost three years after/Shelby County/, and
despite a recent wave of equal sovereignty challenges to major
federal programs, the equal sovereignty principle remains largely
unexamined. This Article seeks to provide some clarity—both to
establish the contours of the equal sovereignty doctrine and to
evaluate whether it is a sound rule of constitutional federalism.
The principle of equal sovereignty, as initially articulated by
courts and subsequently explained by/Shelby County/, is an invented
tradition that courts have used to justify independent
determinations about federalism. Equal sovereignty was initially
invented to address the constitutional challenges posed by the
admission of new states. Conditions on the admission of new states
sometimes diverged from then-common understandings about the proper
balance between federal and state authority. And courts relied on
appeals to equal sovereignty to ward off these challenges and adhere
to contemporary rules about the scope of Congress’s delegated powers
and the spheres in which the states were sovereign./Shelby
County/similarly used equal sovereignty to justify an independent
claim about the states’ proper role in the federal system— that the
states’ dignity entitles them to be viewed and treated as morally
wellbehaving institutions. Critically analyzing how courts have used
the equal sovereignty principle reveals equal sovereignty for what
it is—a set of arguments about the states’ proper role in the
federal system—and allows us to engage with these arguments as such.
While some early state admissions cases represent sensible
contemporary efforts to balance competing principles of
structure,/Shelby County/’s claim about federalism rests on highly
questionable ideas related to state dignity./
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>,Voting
Rights Act <http://electionlawblog.org/?cat=15>
Ohio Seeks Stay of Golden Week Election Ruling Pending Appeal
<http://electionlawblog.org/?p=83271>
Posted onMay 31, 2016 12:31 pm
<http://electionlawblog.org/?p=83271>byRick Hasen
<http://electionlawblog.org/?author=3>
Motion
<http://www.sos.state.oh.us/sos/upload/news/2016/2016-0531a.pdf>(viaChris
Geidner <https://twitter.com/chrisgeidner/status/737727120173113344>).
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“EXCLUSIVE: De Blasio doled out city appointments from shady
spreadsheet of big campaign donors”
<http://electionlawblog.org/?p=83269>
Posted onMay 31, 2016 11:41 am
<http://electionlawblog.org/?p=83269>byRick Hasen
<http://electionlawblog.org/?author=3>
NYDN
<http://www.nydailynews.com/new-york/de-blasio-doled-appointments-spreadsheet-big-donors-article-1.2655041>:
When Mayor de Blasio began handing out prestigious appointments to
obscure boards and committees in his first months in City Hall, he
turned to a system of cash for cachet.
His team assembled an elite spreadsheet of major campaign donors,
powerful lobbyists and celebrities as candidates for the coveted
slots doled out by de Blasio.
This internal spreadsheet — obtained by the Daily News — reveals a
blatant and highly choreographed effort to reward donors and New
York power players with high-profile VIP appointments.
The 2014 list even goes so far as to suggest that de Blasio appoint
lobbyists who were and are actively lobbying his administration on
behalf of their wealthy clients.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,lobbying
<http://electionlawblog.org/?cat=28>
“Native Americans move to frontlines in battle over voting rights”
<http://electionlawblog.org/?p=83267>
Posted onMay 31, 2016 10:41 am
<http://electionlawblog.org/?p=83267>byRick Hasen
<http://electionlawblog.org/?author=3>
Reuters
<http://www.reuters.com/article/us-usa-votingrights-nativeamericans-insi-idUSKCN0YM19O>:
Norquay is among a growing number of Native Americans embroiled in
court battles over changes to voting laws that could influence the
outcome of some tight races in the November 2016 presidential and
congressional elections.
While the Native American population is small nationally, lawsuits
involving tribes over voting problems have proliferated since the
Supreme Court struck down parts of the Voting Rights Act in 2013, a
signature legislative achievement of the 1960s civil rights movement.
North Dakota is one of 17 states that have new voting restrictions
in place since the last presidential contest, according to the
Brennan Center for Justice at the New York University School of Law.
Many of these changes have sparked lawsuits and accusations that
black, Hispanic and other minority voters could be disenfranchised.
Five federal lawsuits involving Native Americans have been filed
since the Supreme Court decision, including three this year alone.
Suits in North Dakota, Utah, South Dakota and Arizona claim new
voting rules passed in majority Republican states are discriminatory
and could reduce voting by tribal members, who tend to back
Democrats. A suit in Alaska, for example, claimed the state violated
federal rules by failing to translate voting materials for tribal
voters.
The tribes say changes to voting rules in those states
disproportionately affect Native Americans, an allegation the states
and counties deny.
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Posted inThe Voting Wars <http://electionlawblog.org/?cat=60>,Voting
Rights Act <http://electionlawblog.org/?cat=15>
--
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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