[EL] ELB News and Commentary 6/3/16
Rick Hasen
rhasen at law.uci.edu
Thu Jun 2 22:14:06 PDT 2016
“Arizona attorney general hires outside counsel for Reagan inquiry”
<http://electionlawblog.org/?p=83369>
Posted onJune 2, 2016 10:11 pm
<http://electionlawblog.org/?p=83369>byRick Hasen
<http://electionlawblog.org/?author=3>
Arizona Republic
<http://www.azcentral.com/story/news/politics/arizona/2016/06/02/arizona-attorney-general-hires-outside-counsel-reagan-inquiry/85301246/>:
Attorney General Mark Brnovich has appointed a former federal
prosecutor to lead the investigation into the Arizona secretary of
state’s failure to mail publicity pamphlets in advance of last
month’s special election.
Michael Morrissey, who worked in the public-integrity unit of the
U.S. Attorney’s Office in Arizona and is now in private practice,
will act as independent counsel, Brnovich announced Thursday.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“De Blasio Defends Fund-Raising and Stokes Feud With Cuomo”
<http://electionlawblog.org/?p=83366>
Posted onJune 2, 2016 9:48 pm
<http://electionlawblog.org/?p=83366>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT
<http://www.nytimes.com/2016/06/03/nyregion/de-blasio-defends-fund-raising-and-stokes-feud-with-cuomo.html?ref=politics>:
For a combative but contained 17 minutes, MayorBill de Blasio
<http://topics.nytimes.com/top/reference/timestopics/people/d/bill_de_blasio/index.html?inline=nyt-per&version=meter+at+0&module=meter-Links&pgtype=article&contentId=&mediaId=&referrer=http%3A%2F%2Fwww.nytimes.com%2Fpages%2Fpolitics%2Findex.html%3Faction%3Dclick%26region%3DMasthead%26pgtype%3DHomepage%26module%3DSectionsNav%26version%3DBrowseTree%26contentCollection%3DPolitics%26contentPlacement%3D2%26t%3Dqry325&priority=true&action=click&contentCollection=meter-links-click>on
Thursday offered terse answers to an abundance of questions from
reporters, mostly dealing with the fallout from overlapping federal
and state investigations into his administration, in a performance
that in recent weeks has become a kind of house style for his
embattled mayoralty.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“As altered Supreme Court term comes to end, signs point to a muted
finale” <http://electionlawblog.org/?p=83364>
Posted onJune 2, 2016 9:37 pm
<http://electionlawblog.org/?p=83364>byRick Hasen
<http://electionlawblog.org/?author=3>
Bob Barnes
<https://www.washingtonpost.com/politics/courts_law/as-altered-supreme-court-term-comes-to-end-signs-point-to-a-muted-finale/2016/06/02/c976f496-28d3-11e6-b989-4e5479715b54_story.html>:
With important decisions on abortion, affirmative action and
immigration looming, the Supreme Court’s two most consistent
liberals spoke out this week — about food.
At a Smithsonian event Wednesday night, Justice Ruth Bader Ginsburg
issued a sharp dissent to a former colleague’s habit of bringing
yogurt — “just plain yogurt” — to the justices’ luncheons. Justice
Sonia Sotomayor crossed ideological lines to declare that the
leftovers Justice Samuel A. Alito Jr. brings from home always look
delicious.
As a strange Supreme Court term profoundly altered by the unexpected
death of Justice Antonin Scalia grinds to a close this month, it
would be tempting to say that such observations pass for news these
days at the Marble Palace.
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>
Against Political Violence <http://electionlawblog.org/?p=83362>
Posted onJune 2, 2016 9:05 pm
<http://electionlawblog.org/?p=83362>byRick Hasen
<http://electionlawblog.org/?author=3>
Some thoughts <https://storify.com/rickhasen/getting-started>I wrote
while Donald Trump supporters were being violently attacked in San Jose.
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Posted insocial media and social protests
<http://electionlawblog.org/?cat=58>
“Gun Advocate Says Only Voter ID Can Prevent Right-Wing Armed
Insurgencies” <http://electionlawblog.org/?p=83360>
Posted onJune 2, 2016 6:02 pm
<http://electionlawblog.org/?p=83360>byRick Hasen
<http://electionlawblog.org/?author=3>
Think Progress
<http://thinkprogress.org/politics/2016/06/02/3784180/larry-pratt-voter-id/>:
If states do not implement voter ID laws to prevent widespread
“voter fraud” at the ballot box this November, right-wing gun
advocates will have to “resort to the bullet box,” according to
Larry Pratt, the executive director of Gun Owners of America.
Pratt, leader of an organization that’s more extreme on guns than
the National Rifle Association,said during his radio program
<http://www.rightwingwatch.org/content/larry-pratt-if-conservatives-lose-supreme-court-they-may-have-resort-bullet-box>on
Saturday that if Democrats win the presidential election and
nominate an anti-gun rights Supreme Court justice, firearms owners
will have to “resort to the bullet box.”
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Voter Welfare: An Emerging Rule of Reason in Voting Rights Law”
<http://electionlawblog.org/?p=83358>
Posted onJune 2, 2016 5:53 pm
<http://electionlawblog.org/?p=83358>byRick Hasen
<http://electionlawblog.org/?author=3>
Sam Issacharoff has postedthis
draft<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2788808>on SSRN
(forthcoming, Indiana Law Journal). Here is the abstract:
For the first time in at least a generation, the central focus of
voting rights law has returned to the issue of eligibility to cast a
ballot and the act of voting itself. Unlike in prior generations,
the fights over voting are centrally part of a partisan battle for
electoral supremacy, and are not organized around perpetuating the
historic subordination of minority populations – whatever the
localized impact on minorities that the new voting rules may
trigger. In the partisan environment, courts face claims of
exclusion that only imperfectly map onto constitutional prohibitions
of discriminatory intent or statutory protections of minority voting
opportunity. Although only some of these challenges arise in
jurisdictions that were formerly covered by Section 5 of the Voting
Rights Act, the Supreme Court’s ruling in Shelby County further
compels a new legal approach to these cases.
This article begins with the observation that, at least thus far,
courts have been remarkably sympathetic to these new claims of voter
exclusion, even without precise doctrinal categories for assessing
them. Courts have fashioned parallel lines of case authority under
the Constitution and the Voting Rights Act to shift evidentiary
burdens to defendants to justify the need for election law overhaul
shown to have an impact on the availability of the franchise. Voting
rights law is moving form a rigid per se rule against certain
established practices, to a contextual assessment of the reason for
the challenged practices. The Article presents this evolution as
analogous to the emergence of a rule of reason to provide nuance to
the overly rigid antitrust laws under the Sherman Act. Any such
contextual approach needs an animating principle to guide a flexible
judicial standard. In the antitrust context, that was the idea of
consumer welfare. The question in the voting rights context is
whether a corresponding notion of voter welfare can emerge.
I read an earlier draft of this piece. Highly recommended!
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,Supreme Court
<http://electionlawblog.org/?cat=29>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter id
<http://electionlawblog.org/?cat=9>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
“Koch Group Cross-Appeals in California Donor Data Case”
<http://electionlawblog.org/?p=83356>
Posted onJune 2, 2016 5:50 pm
<http://electionlawblog.org/?p=83356>byRick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg BNA
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=90892315&vname=mpebulallissues&jd=a0j5h7j2t1&split=0>:
A conservative nonprofit backed by billionaire brothers Charles and
David Koch filed a Ninth Circuit appeal in its case against
California Attorney General Kamala D. Harris (D) over the
nondisclosure of identifying information for the group’s major
donors (Ams. for Prosperity Found. v. Harris, C.D. Cal., No.
2:14-cv-09448,cross-appeal filed5/31/16).
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,tax law
and election law <http://electionlawblog.org/?cat=22>
“The Case for a One-Person, One-Vote National Primary To Nominate
Our Presidential Candidates in 2020”
<http://electionlawblog.org/?p=83354>
Posted onJune 2, 2016 5:47 pm
<http://electionlawblog.org/?p=83354>byRick Hasen
<http://electionlawblog.org/?author=3>
Rob Richie
<http://inthesetimes.com/article/19163/the-case-for-a-one-person-one-vote-national-primary-to-elect-our-presidenti>for
In These Times.
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Posted inalternative voting systems
<http://electionlawblog.org/?cat=63>,political parties
<http://electionlawblog.org/?cat=25>,primaries
<http://electionlawblog.org/?cat=32>
“Bringing Common Sense to the Sunshine State”
<http://electionlawblog.org/?p=83352>
Posted onJune 2, 2016 5:43 pm
<http://electionlawblog.org/?p=83352>byRick Hasen
<http://electionlawblog.org/?author=3>
Ciara Torres-Spelliscy blogs.
<http://www.brennancenter.org/blog/bringing-common-sense-sunshine-state>
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Lawsuit Filed to Protect Voting Rights in Maricopa, Arizona
Following Recent Presidential Preference Primary Election Fiasco”
<http://electionlawblog.org/?p=83350>
Posted onJune 2, 2016 5:41 pm
<http://electionlawblog.org/?p=83350>byRick Hasen
<http://electionlawblog.org/?author=3>
Release
<https://lawyerscommittee.org/press-release/lawsuit-filed-protect-voting-rights-maricopa-arizona-following-recent-presidential-preference-primary-election-fiasco/>:
Today, the Lawyers’ Committee for Civil Rights Under Law (Lawyers’
Committee), Manatt, Phelps & Phillips, LLP, and Osborn Maledon filed
a lawsuit challenging the decision to reduce the number of polling
places for the March presidential preference election (PPE) in
Maricopa County from 403 in 2008, to 211 in 2012, to just 60 this
year. The suit, brought in Arizona Superior Court names Arizona
Secretary of State Michele Reagan, Maricopa County Recorder Helen
Purcell and the Maricopa County Board of Supervisors as defendants.
The county’s decision to reduce the number of polling places created
significant wait times at polling places and effectively
disenfranchised countless Arizonans who were unable to wait in line
to cast a ballot. Maricopa County operated one polling place for
approximately every 21,000 eligible voters, compared to an average
of one polling place for approximately every 1,500 eligible voters
in the rest of the state. Though the polls were scheduled to close
at 7 p.m. local time, 20 of the 60 locations were open until after
10 p.m. and five polling places in Maricopa were open past midnight.
Maricopa County is the largest county in Arizona, containing more
than 60 percent of Arizona’s total population, and approximately 60
percent of Arizona’s minority population.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Donald Trump’s Nomination Showed a Problem With How America Votes.
Maine Thinks It Has the Solution.” <http://electionlawblog.org/?p=83348>
Posted onJune 2, 2016 5:40 pm
<http://electionlawblog.org/?p=83348>byRick Hasen
<http://electionlawblog.org/?author=3>
TIME
<http://time.com/4352797/ranked-choice-voting-maine-donald-trump/>on
ranked choice voting.
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Posted inalternative voting systems <http://electionlawblog.org/?cat=63>
Trump Says Judge Has “Inherent Conflict of Interest” Because of
Mexican Heritage <http://electionlawblog.org/?p=83328>
Posted onJune 2, 2016 5:31 pm
<http://electionlawblog.org/?p=83328>byRick Hasen
<http://electionlawblog.org/?author=3>
WSJ
<http://www.wsj.com/articles/donald-trump-keeps-up-attacks-on-judge-gonzalo-curiel-1464911442> gets
these reprehensible comments from Donald Trump:
In an interview, Mr. Trump said U.S. District Judge Gonzalo Curiel
had “an absolute conflict” in presiding over the litigation given
that he was “of Mexican heritage” and a member of a Latino lawyers’
association. Mr. Trump said the background of the judge, who was
born in Indiana to Mexican immigrants, was relevant because of his
campaign stance against illegal immigration and his pledge to seal
the southern U.S. border. “I’m building a wall. It’s an inherent
conflict of interest,” Mr. Trump said.
The New York businessman also alleged the judge was a former
colleague and friend of one of the Trump University plaintiffs’
lawyers. The judge and the lawyer once worked together as federal
prosecutors, but the lawyer, Jason Forge, in an interview said he
had never seen the judge socially.
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“Recanvassing elections has got to go”
<http://electionlawblog.org/?p=83344>
Posted onJune 2, 2016 9:59 am
<http://electionlawblog.org/?p=83344>byRick Hasen
<http://electionlawblog.org/?author=3>
Josh Douglas
<http://www.courier-journal.com/story/opinion/contributors/2016/06/01/comment-recanvasing-elections-has-got-go/85198596/>for
the Courier-Journal.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Gary Johnson could give us President Paul Ryan: Column”
<http://electionlawblog.org/?p=83342>
Posted onJune 2, 2016 9:58 am
<http://electionlawblog.org/?p=83342>byRick Hasen
<http://electionlawblog.org/?author=3>
Ilya Shapiro opedfor USA Today.
<http://www.usatoday.com/story/opinion/2016/06/01/gary-johnson-12-amendment-electoral-college-elections-2016-column/85170378/>
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“Secret Laws Passed In The U.S. Spike Under Obama”
<http://electionlawblog.org/?p=83340>
Posted onJune 2, 2016 9:57 am
<http://electionlawblog.org/?p=83340>byRick Hasen
<http://electionlawblog.org/?author=3>
Vocativ reports <http://www.vocativ.com/318400/us-secret-laws/>:
A new survey shows that for the past 30 years, Congress has steadily
passed an increasing number of “secret laws”—provisions that are
kept from the public eye.
That’s according to an exhaustivestudy
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2687223>by
Dakota Rudesill, an Ohio State professor of law. A former senior
national security analyst for the Senate Budget Committee who also
worked for the Office of the Director of National Intelligence,
Rudesill notes that more and more bills passed by Congress include
provisions that allow for secret elements—which become law without
the American people knowing what they contain.
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Posted inlegislation and legislatures <http://electionlawblog.org/?cat=27>
“Activists file federal lawsuit to challenge Baltimore primary”
<http://electionlawblog.org/?p=83337>
Posted onJune 2, 2016 9:54 am
<http://electionlawblog.org/?p=83337>byRick Hasen
<http://electionlawblog.org/?author=3>
Baltimore Sun
<http://www.baltimoresun.com/news/maryland/baltimore-city/politics/bs-md-ci-election-lawsuit-20160602-story.html>:
A group of activists have petitioned a U.S. District Court judge to
order a new primary for Baltimore voters, alleging a series of a
irregularities and a “vote-buying scheme” marred the election outcome.
Members of the group Voters Organized for the Integrity of City
Elections, or VOICE, joined two candidates and an ex-offender in a
lawsuit filed moments before midnight Wednesday against the city and
state election boards.
They are asking the court to declare the results of the primary
“null and void,” order a new contest at the earliest date possible
and appoint federal observers to oversee the process, including
“systemic changes in practices, procedures and personnel.”
You can read the complainthere
<http://electionlawblog.org/wp-content/uploads/baltimore-complaint.pdf>.
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Posted inchicanery <http://electionlawblog.org/?cat=12>,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
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org
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