[EL] ELB News and Commentary 3/28/16

Rick Hasen rhasen at law.uci.edu
Mon Mar 28 07:44:15 PDT 2016


    “Supreme Court lets Blagojevich conviction stand”
    <http://electionlawblog.org/?p=81276>

Posted onMarch 28, 2016 7:42 am 
<http://electionlawblog.org/?p=81276>byRick Hasen 
<http://electionlawblog.org/?author=3>

Bob Barnes 
<https://www.washingtonpost.com/politics/courts_law/supreme-court-lets-blagojevich-conviction-stand/2016/03/28/e432c69c-f4ea-11e5-a3ce-f06b5ba21f33_story.html>for 
WaPo:

    The Supreme Court on Monday said it would not review the conviction
    of former Illinois governor Rod Blagojevich on corruption charges.

    The justices without comment let stand an appeals court ruling that
    said Blagojevich (D) illegally sought money in exchange for filling
    the Senate seat left vacant when President Obama was elected.

If I were Gov. McDonnell, I would not view this cert. denial favorably.

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Posted inchicanery <http://electionlawblog.org/?cat=12>,Supreme Court 
<http://electionlawblog.org/?cat=29>


    “Trump threatens lawsuit over delegate allocation”
    <http://electionlawblog.org/?p=81274>

Posted onMarch 28, 2016 7:38 am 
<http://electionlawblog.org/?p=81274>byRick Hasen 
<http://electionlawblog.org/?author=3>

NBC 
<http://www.nbcnews.com/meet-the-press/first-read-what-saturday-s-wins-sanders-mean-don-t-n546531>First 
Read:

    Speaking of delegate fights, Donald Trump upped the ante over the
    weekend by tweeting the threat of a lawsuitover last week’s
    maneuvering
    <http://www.wsj.com/articles/ted-cruz-gains-in-louisiana-after-loss-there-to-donald-trump-1458861959>in
    Louisiana’s GOP delegate selection. “Just to show you how unfair the
    Republican primary politics can be, I won the State of Louisiana and
    get less delegates than Cruz – Lawsuit coming,” he wrote. Now,
    Louisiana is simply an example of Trump being outgunned when it
    comes to the nitty-gritty of delegate selection at the local level,
    and Team Cruz worked within the rules – not outside of them – to
    build a possible advantage. But for Trump’s supporters, the
    complaint furthers the fundamental underpinning of their candidate’s
    appeal – that he’s fighting an unfair and rigged establishment
    system to better represent the folks who have been most left out of
    the process.

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Posted incampaigns <http://electionlawblog.org/?cat=59>,political 
parties <http://electionlawblog.org/?cat=25>


    Judge Garland’s Opinion in Federal Contractor Contribution Case
    Makes NYT Profile <http://electionlawblog.org/?p=81272>

Posted onMarch 28, 2016 7:36 am 
<http://electionlawblog.org/?p=81272>byRick Hasen 
<http://electionlawblog.org/?author=3>

NYT: 
<http://www.nytimes.com/2016/03/27/us/politics/merrick-garland-obama-supreme-court-nominee.html>

    His colleagues say that as chief judge, a position he assumed in
    2013, he can find a sliver of common ground and build a decision
    around that. One pointed to a politically charged case that
    challenged the constitutionality of a ban on federal contractors
    making political donations.

    Judge Garland pulled liberal and conservative judges toward the
    middle, issuing an opinion that upheld the law, but on the narrowest
    grounds. The final vote was 11 to 0; the Supreme Court refused to
    hear an appeal.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme 
Court <http://electionlawblog.org/?cat=29>


    “How the G.O.P. Elite Lost Its Voters to Donald Trump”
    <http://electionlawblog.org/?p=81270>

Posted onMarch 28, 2016 7:31 am 
<http://electionlawblog.org/?p=81270>byRick Hasen 
<http://electionlawblog.org/?author=3>

Nick Confessore 
<http://www.nytimes.com/2016/03/28/us/politics/donald-trump-republican-voters.html?_r=1>in 
the NYT:

    The distance was magnified by the Supreme Court’s 2010 decision in
    theCitizens United
    <http://www.nytimes.com/2010/01/22/us/politics/22scotus.html>case,
    which gave wealthy donors rising weight in Republican circles, even
    amid signs that the party’s downscale voters were demanding more of
    a voice.

    Most of these voters had long since given up on an increasingly
    liberal and cosmopolitan Democratic Party. In Mr. Trump, they found
    a tribune: a blue-collar billionaire who stood in the lobby of a
    Manhattan skyscraper bearing his name and pledged to expandSocial
    Security
    <http://topics.nytimes.com/top/reference/timestopics/subjects/s/social_security_us/index.html?inline=nyt-classifier>,
    refuse the money of big donors, sock it to Chinese central bankers
    and relieve Americans of unfair competition from foreign workers.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>


    “Presidential race surges past $1 billion mark”
    <http://electionlawblog.org/?p=81268>

Posted onMarch 28, 2016 7:29 am 
<http://electionlawblog.org/?p=81268>byRick Hasen 
<http://electionlawblog.org/?author=3>

Fredreka 
Schouten<http://www.usatoday.com/story/news/politics/elections/2016/03/24/presidential-race-surges-past-1-billion-mark/82212000/>for 
USA Today.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>


    “Inside the GOP’s Effort to Consolidate the Super PAC Universe”
    <http://electionlawblog.org/?p=81266>

Posted onMarch 28, 2016 7:28 am 
<http://electionlawblog.org/?p=81266>byRick Hasen 
<http://electionlawblog.org/?author=3>

Reid Wilson 
<https://morningconsult.com/2016/03/inside-the-gops-effort-to-consolidate-the-super-pac-universe/>for 
Morning Consult:

    The man who heads the two groups, Steven Law — like Holmes, a former
    McConnell chief of staff — would use their monetary power to keep
    vendor costs down and prevent the kind of rampant profit-taking that
    has plagued some candidate-specific super PACs. They could also
    ensure that Republican efforts to keep the Senate would not be
    hampered by multiple outside groups stepping over each other and
    muddling messages.

    McConnell “looked at what happened with the Democrats, and they have
    much greater consolidation in the super PAC world,” said a
    Republican strategist, one of half a dozen with knowledge of the
    meeting who spoke on condition of anonymity to avoid antagonizing
    colleagues. “He thought we should do that on our side, and there
    would be more efficiency in helping our candidates.”

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>


    “Marco Rubio’s secret (money) legacy”
    <http://electionlawblog.org/?p=81263>

Posted onMarch 28, 2016 7:26 am 
<http://electionlawblog.org/?p=81263>byRick Hasen 
<http://electionlawblog.org/?author=3>

Shane Goldmacher 
<http://www.politico.com/story/2016/03/marco-rubio-secret-money-legacy-221218>for 
Politico:

    No presidential candidate fighting for their party’s nomination has
    ever benefited from as much undisclosed cash, and watchdogs worry
    the pro-Rubio group’s unchecked activity serves as a dangerous
    precedent that will soon become common practice.

    “It is now the model for a how a candidate can inject unlimited,
    secret, corrupting money into their campaigns to benefit their
    election,” said Fred Wertheimer, president of Democracy 21, a
    campaign watchdog group. “That is precisely the kind of model that
    we do not need in America.”

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,tax law 
and election law <http://electionlawblog.org/?cat=22>


    “Arizona’s Voting Problems Are More Complicated Than They Look”
    <http://electionlawblog.org/?p=81261>

Posted onMarch 28, 2016 7:25 am 
<http://electionlawblog.org/?p=81261>byRick Hasen 
<http://electionlawblog.org/?author=3>

Smart Tierney Sneed report 
<http://talkingpointsmemo.com/muckraker/arizona-voting-problems>for TPM.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>


    ELB Podcast Episode 11. Lee Goodman: FEC Commissioner with
    Libertarian Outlook <http://electionlawblog.org/?p=81239>

Posted onMarch 27, 2016 4:41 pm 
<http://electionlawblog.org/?p=81239>byRick Hasen 
<http://electionlawblog.org/?author=3>

How does a Commissioner on the Federal Election Commission skeptical of 
regulation enforce the law? Is there a sound basis for limiting foreign 
money in elections? Why does the FEC deadlock along party lines, and 
what can be done about staff unhappiness at the FEC?

On Episode 11 of the ELB Podcast, we talk to Republican FEC 
CommissionerLee Goodman <http://www.fec.gov/members/goodman/goodman.shtml>.

You can listen to the ELB Podcast Episode 10 onSoundcloud 
<https://soundcloud.com/rick-hasen/elb-podcast-episode-11-lee-goodman-fec-commissioner-with-libertarian-outlook>orsubscribe 
at iTunes 
<https://geo.itunes.apple.com/us/podcast/elb-podcast/id1029317166?mt=2>.

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Posted incampaigns <http://electionlawblog.org/?cat=59>,federal election 
commission <http://electionlawblog.org/?cat=24>


    “Arizona’s voting rights fire bell”
    <http://electionlawblog.org/?p=81258>

Posted onMarch 27, 2016 4:37 pm 
<http://electionlawblog.org/?p=81258>byRick Hasen 
<http://electionlawblog.org/?author=3>

E.J. Dionne WaPo column 
<https://www.washingtonpost.com/opinions/arizonas-voting-rights-fire-bell/2016/03/27/f184e856-f2c0-11e5-85a6-2132cf446d0a_story.html>.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,voter id 
<http://electionlawblog.org/?cat=9>


    “Valley councilwoman’s aides sought $5 and $10 donations that are
    focus of U.S. inquiry” <http://electionlawblog.org/?p=81256>

Posted onMarch 27, 2016 3:18 pm 
<http://electionlawblog.org/?p=81256>byRick Hasen 
<http://electionlawblog.org/?author=3>

LAT 
<http://www.latimes.com/local/california/la-me-martinez-donors-20160327-story.html>:

    Huerta, 30, is one of at least five lower-level Martinez staffers
    who solicited and collected $5 and $10 contributions to the
    councilwoman’s re-election effort, according to interviews with
    several of her constituents in the San Fernando Valley. Those small
    contributions, part of afederal grand jury investigation
    <http://www.latimes.com/local/california/la-me-martinez-donors-grand-jury-20160122-story.html>,
    were a major factor in Martinez’s success in collecting $65,360 in
    taxpayer “matching funds” for her campaign.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery 
<http://electionlawblog.org/?cat=12>


    “Why Nearly a Fifth of Arizona GOP Voters Were Disenfranchised By
    Early Voting – And How To Fix It” <http://electionlawblog.org/?p=81254>

Posted onMarch 27, 2016 3:08 pm 
<http://electionlawblog.org/?p=81254>byRick Hasen 
<http://electionlawblog.org/?author=3>

FairVote blog 
<http://www.fairvote.org/why_nearly_a_fifth_of_arizona_gop_voters_were_disenfranchised_by_early_voting_and_how_to_fix_it>:

    What happened was that Arizona has early voting — and many voters
    took advantage of it. That’s good for making sure you cast your
    vote, especially given Arizona’s indefensibly long lines on Election
    Day that resulted in disenfranchisement. But the number of people
    who failed to vote due to long lines was nothing compared to
    the*95,429 votes — that’s 18% of all Republican primary votes*cast —
    that were tallied for Rubio, Ben Carson, Jeb Bush and seven other
    candidates who had withdrawn from the race. Making it even worse a
    higher percentage of such votes were cast by military voters overseas.

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Posted inalternative voting systems <http://electionlawblog.org/?cat=63>


    “Justice Department Voting Rights Unit Adapts After Supreme Court
    Ruling” <http://electionlawblog.org/?p=81252>

Posted onMarch 26, 2016 11:13 am 
<http://electionlawblog.org/?p=81252>byRick Hasen 
<http://electionlawblog.org/?author=3>

Carrie Johnson of NPR 
<http://www.npr.org/2016/03/25/471891532/justice-department-voting-rights-unit-adapts-after-supreme-court-ruling>talks 
to Justin Levitt and others about voting issues at DOJ.

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Posted inDepartment of Justice <http://electionlawblog.org/?cat=26>,The 
Voting Wars <http://electionlawblog.org/?cat=60>,Voting Rights Act 
<http://electionlawblog.org/?cat=15>


    “Maryland can’t act alone to end gerrymandering”
    <http://electionlawblog.org/?p=81250>

Posted onMarch 25, 2016 3:03 pm 
<http://electionlawblog.org/?p=81250>byRick Hasen 
<http://electionlawblog.org/?author=3>

Rob Richie and Austin Plier inWaPo 
<https://www.washingtonpost.com/opinions/maryland-cant-act-alone-to-end-gerrymandering/2016/03/25/ccc27542-e61d-11e5-bc08-3e03a5b41910_story.html>:

    Change certainly is needed. Maryland’s obviously manipulated
    congressional districts have produced results that skew in favor of
    Democrats. Only one of eight seats is held by a Republican, and
    white male Democrats hold five seats in a state where they make up
    about a sixth of the voting population. No district is likely to be
    competitive in November.

    But if Maryland acts alone, it will exacerbate the national skew
    toward Republicans. FairVote projects that Democrats would need some
    55 percent of the vote to win a House majority this year. In 2012,
    Democrats won the popular vote in House races, but Republicans still
    had a 33-seat advantage.

    Many have called for a national solution to gerrymandering, but
    Maryland does not have to wait. Legislators have a moral obligation
    to voters to find a state-based solution when one is available.
    Their best option isSB 762
    <https://trackbill.com/bill/md-sb762-potomac-compact-for-fair-representation/1258325/?utm_expid=81892712-9.nw2hkUbvSTujoX9vrv6AMQ.0&utm_referrer=https%3A%2F%2Fwww.google.com%2F>,
    the Potomac Compact for Fair Representation. Unlike other
    redistricting reform bills, the Potomac Compact would end a national
    standoff on redistricting reform by proposing an interstate compact
    that gives state negotiators the ability to use electoral systems to
    make such compacts work — for voters and for partisans.

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Posted inredistricting <http://electionlawblog.org/?cat=6>


    “Will Jones Day Drop Donald Trump As A Client?”
    <http://electionlawblog.org/?p=81247>

Posted onMarch 25, 2016 1:35 pm 
<http://electionlawblog.org/?p=81247>byRick Hasen 
<http://electionlawblog.org/?author=3>

David Lat: 
<http://abovethelaw.com/2016/03/will-jones-day-drop-donald-trump-as-a-client/>

    Although I don’t see Jones Day telling Trump “you’re fired,” I
    wouldn’t rule out the possibility of Don McGahn and his associates
    voluntarily departing at some point to set up their own election-law
    practice. When you have controversial clients, it’s easier to be in
    a boutique, with fewer clients, lawyers, and constituencies who
    might be offended by a given representation. That’s why it made
    perfect sense for Paul Clement, afterleaving King & Spalding
    <http://abovethelaw.com/2011/04/paul-clement-quits-king-spalding-after-ks-moves-to-drop-doma-defense/>,
    to take his practice toBancroft <http://www.bancroftpllc.com/>, the
    high-powered boutique known for representing prominent conservative
    clients.

    It’s worth noting that McGahn is far from a fixture at Jones Day. He
    has been at the firm for less than two years; hejoined in spring
    2014
    <https://www.washingtonpost.com/politics/three-top-republican-lawyers-leaving-patton-boggs-to-establish-practice-with-jones-day/2014/05/29/bf8eab88-e77e-11e3-afc6-a1dd9407abcf_story.html>,
    fleeing the wreckage of Patton Boggs (around the time it gotabsorbed
    by Squire Sanders
    <http://abovethelaw.com/2014/05/say-hello-to-squire-patton-boggs/>).
    So it wouldn’t be insane for him to go out on his own — and it might
    reduce the potential for tension or conflict between his practice
    and the practices of fellow election-law partners likeBenjamin
    Ginsberg <http://www.jonesday.com/bginsberg/>andWilliam McGinley
    <http://www.jonesday.com/wmcginley/>.

    (Although there are so-called “Chinese walls” to protect against
    conflicts, having several prominent members of a very small practice
    area under the same roof can create awkwardness, even in the absence
    of direct conflict. Ben Ginsberg, viewed by many as the dean of the
    election-law bar,previously represented the Scott Walker campaign
    <http://www.p2016.org/walker/walkerorg.html>. The Walker campaign
    died months ago, but Ginsberg continues towrite
    <http://www.politico.com/magazine/story/2016/03/republican-contention-chaos-213725>and
    speak on television about a brokered GOP convention — which Trump
    views as synonymous with robbing him of the Republican presidential
    nomination. This might have gone unnoticed by the Trump campaign,
    which doesn’t strike me as a very detail-oriented operation — but if
    Trump/were/to notice it, I could certainly see him placing an irate
    call to his law firm, Jones Day.)

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Posted inelection law biz <http://electionlawblog.org/?cat=51>


    “After Citizens United Got Halfway There, This Lawsuit Aims To
    Finish The Job” <http://electionlawblog.org/?p=81245>

Posted onMarch 25, 2016 1:34 pm 
<http://electionlawblog.org/?p=81245>byRick Hasen 
<http://electionlawblog.org/?author=3>

Ned Resnikoff writes 
<http://www.ibtimes.com/political-capital/after-citizens-united-got-halfway-there-lawsuit-aims-finish-job-2343424>for 
IBT.

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Posted inUncategorized <http://electionlawblog.org/?cat=1>


    “Ralph Nader: Why Bernie Sanders was right to run as a Democrat”
    <http://electionlawblog.org/?p=81243>

Posted onMarch 25, 2016 1:19 pm 
<http://electionlawblog.org/?p=81243>byRick Hasen 
<http://electionlawblog.org/?author=3>

Nader in WaPo 
<https://www.washingtonpost.com/posteverything/wp/2016/03/25/ralph-nader-why-bernie-sanders-was-right-to-run-as-a-democrat/>:

    As one of the more successful third-party presidential candidates in
    recent U.S. history, I know firsthand the obstacles Sanders might
    have faced if he had run as an independent. The reality is that
    Sanders is right, and the backlash against him reflects all too well
    what two-party tyranny can do to a more-than-nominal third-party
    challenger. This is especially true of candidates like Sanders, who
    — despite advancing political views similar to the classic
    Democratic New Deal platform — now sits well to the left of the
    party’s corporatist, hawkish establishment.

Amazing that Nader can write this without mentioning his spoiler role in 
Florida in Bush v. Gore. (Send the hate mail my way….thanks!).

Update: A reader writes:

    It is indeed breathtaking – but not at all surprising – to read
    Nader’s comments today.
    As the New York Times editorial board noted in 2000, Nader is a
    “political narcissist” whose ego has “run amuck.”
    Nader’s 2000 assertion that the two candidates were
    “twiddle-dum-twiddle-dee” has of course been refuted by Al Gore’s
    (a) opposition to the Iraq war, (b) his opposition to the Bush tax
    cuts, and (c) his choices for the Supreme Court.
    Had Nader worked as hard to defeat Bush as he did to defeat Gore,
    there would have been no Citizens United, no war in Iraq, and no
    massive tax cuts for the richest.
    Unfortunately, Nader was primarily interested in defeating Gore by
    campaigning in Florida and Pennsylvania in the final days of the
    campaign – rather than securing the most votes for the Green Party
    in Texas, or California or New York.
    Nader certainly will go down in history as one of the most
    destructive forces of progressivism in US politics in the last 100
    years.

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Posted inballot access <http://electionlawblog.org/?cat=46>


    “Judges hear arguments in gerrymandering lawsuit, decision to come
    later” <http://electionlawblog.org/?p=81241>

Posted onMarch 25, 2016 11:20 am 
<http://electionlawblog.org/?p=81241>byRick Hasen 
<http://electionlawblog.org/?author=3>

Wisconsin State Journal 
<http://host.madison.com/wsj/news/local/crime-and-courts/judges-hear-arguments-today-in-gerrymandering-lawsuit/article_9afc649d-6cc0-5d43-a31f-f16823e5fc6f.html>:

    A panel of three federal judges heard arguments Wednesday on a
    motion to dismiss a lawsuit brought by a group of Democrats who say
    that the 2011 redistricting of state legislative boundaries was an
    extreme and illegal partisan gerrymander.

    Lawyers for the state Department of Justice, which is defending the
    2011 redistricting plan, argued that a plan put forth by the group
    fails to show that the redistricting plan was unconstitutional.

    No decisions were issued Wednesday, and federal Circuit Judge
    Kenneth Ripple, the senior judge on the panel, said the arguments
    and other material would be considered by the panel before it issues
    a written decision.

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Posted inredistricting <http://electionlawblog.org/?cat=6>


    Talking Plutocrats United Thursday 3/31 at Rollins College in FL
    <http://electionlawblog.org/?p=81236>

Posted onMarch 25, 2016 9:58 am 
<http://electionlawblog.org/?p=81236>byRick Hasen 
<http://electionlawblog.org/?author=3>

Details. 
<http://calendar.activedatax.com/rollins/EventList.aspx?fromdate=3/25/2016&todate=3/31/2016&display=Week&type=public&eventidn=10687&view=EventDetails&information_id=32178>

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Posted inPlutocrats United <http://electionlawblog.org/?cat=104>


    “Clinton Supporter, Swift Boater, Billionaires Raise $700k For
    Pro-MCCAIN Super PAC; Far From Grassroots”
    <http://electionlawblog.org/?p=81234>

Posted onMarch 25, 2016 9:52 am 
<http://electionlawblog.org/?p=81234>byRick Hasen 
<http://electionlawblog.org/?author=3>

Arizona’s Politics reports 
<http://arizonaspolitics.blogspot.com/2016/03/breaking-clinton-supporter-swift-boater.html>.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>


    “Why Bernie Sanders isn’t dropping out”
    <http://electionlawblog.org/?p=81232>

Posted onMarch 25, 2016 9:17 am 
<http://electionlawblog.org/?p=81232>byRick Hasen 
<http://electionlawblog.org/?author=3>

Alex 
Seitz-Wald<http://www.msnbc.com/msnbc/why-bernie-sanders-isnt-dropping-out>for 
MSNBC:

    Bernie Sanders isn’t going anywhere, despite Hillary Clinton’s
    prohibitive delegate lead, and Tuesday night offers a hint why. But
    the underdog’s path forward carries risks as well as challenges.

    Even though Sanderscame up short in Arizona
    <http://www.msnbc.com/msnbc/sanders-wins-overshadowed-arizona-loss>,
    where his campaign invested most heavily, the Vermont senator ended
    up netting 17 delegates over clinton Tuesday, thanks to lopsided
    wins in the Idaho and Utah caucuses.

    He ended up taking away a tidy 57 percent of the pledged delegates
    up for grabs that day. And as it happens, 58% is the percentage of
    outstanding pledged delegates Sanders needs to win from now on in
    order to finish the primary calendar with more pledged delegates
    than Hillary Clinton, according to an NBC News analysis.

    On Saturday, Sanders is hoping to win an even larger portion of the
    delegates in Washington state, which holds the largest caucus of the
    entire year, with 101 delegates at stake. Alaska and Hawaii will
    also hold caucuses, which Sanders also hopes to win Saturday.

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Posted incampaigns <http://electionlawblog.org/?cat=59>


    Group of Plaintiffs in Texas Voter ID Case Seeks Emergency Relief at
    #SCOTUS <http://electionlawblog.org/?p=81230>

Posted onMarch 25, 2016 9:08 am 
<http://electionlawblog.org/?p=81230>byRick Hasen 
<http://electionlawblog.org/?author=3>

Campaign Legal Center: 
<http://www.campaignlegalcenter.org/news/press-releases/us-supreme-court-must-take-action-so-texans-are-not-harmed-voter-id-law>

    The Campaign Legal Center (CLC)today called
    <http://www.campaignlegalcenter.org/sites/default/files/Veasey%20v.%20Abbot%20Application%20to%20Vacate%20Stay%203.25.16.pdf>on
    the U.S. Supreme Court to take immediate action in the Texas voter
    ID case so that voters will not be harmed by the law in the 2016
    presidential election.

    The application filed with the U.S. Supreme Court follows the 5th
    U.S. Circuit Court of Appeals refusal to offer relief in time for
    the upcoming election. Last week, the appellate courteffectively
    denied the Campaign Legal Center’s emergency motion to vacate its
    stay
    <http://www.campaignlegalcenter.org/news/press-releases/texas-voters-should-not-be-harmed-while-5th-circuit-decides-voter-id-case>of
    a lower court’s ruling that struck down the law. Under the 5th
    Circuit’s order, the voter ID law will remain in effect as the case
    proceeds once again in the 5th Circuit, where it has languished
    since October 2014.

    “Seven federal judges have ruled that Texas’ voter ID law
    discriminates against minority voters, but the law is still in
    effect,”*said Gerry Hebert, executive director of the Campaign Legal
    Center* <http://www.campaignlegalcenter.org/team/j-gerald-hebert>.
    “The 5th Circuit has set up a schedule that likely forecloses our
    ability to obtain relief in time for the presidential election. We
    are asking the U.S. Supreme Court to ensure that that no one is
    prevented from casting a ballot because this discriminatory law is
    in place.”

    The D.C. District Court, a Texas district court, and a three-judge
    panel of the 5th Circuit have all found that the law discriminates
    against minority voters. The 5th Circuit’s stay of the district
    court’s decision in 2014 is the only reason the law is in effect.

The application is filed with Justice Thomas and likely will be referred 
to the entire Court. If the Court (as seems quite possible) splits 4-4 
on this application, the likely result would be a denial of this 
emergency motion without comment.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,voter id 
<http://electionlawblog.org/?cat=9>


    “This Is What Political Revolution Really Looks Like”
    <http://electionlawblog.org/?p=81227>

Posted onMarch 25, 2016 9:00 am 
<http://electionlawblog.org/?p=81227>byRick Hasen 
<http://electionlawblog.org/?author=3>

Contributions by Wendy Weiser, Rob Richie and Sandy Levinson inThe 
Nation 
<http://www.thenation.com/article/this-is-what-political-revolution-really-looks-like/>.

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Posted inUncategorized <http://electionlawblog.org/?cat=1>

-- 
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
hhttp://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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