[EL] Professor Pasquale's piece
Bill Maurer
wmaurer at ij.org
Fri May 27 09:02:00 PDT 2016
Having read Professor Pasquale’s essay in the Penn Law Review, and having been the lead counsel in Arizona Free Enterprise Club v. Bennett, I must say that I have been accused of many things over the course of my life, but this is the first time I’ve been accused of causing the Trump campaign.
From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
Sent: Friday, May 27, 2016 8:32 AM
To: law-election at UCI.edu
Subject: [EL] ELB News and Commentary 5/27/16
“Federal judge throws out suit against Doe prosecutors”<http://electionlawblog.org/?p=83214>
Posted on May 27, 2016 8:29 am<http://electionlawblog.org/?p=83214> by Rick Hasen<http://electionlawblog.org/?author=3>
Patrick Marley<http://www.jsonline.com/news/statepolitics/Federal-judge-throws-out-suit-against-Doe-prosecutors-381052271.html> for the Milwaukee Journal-Sentinel:
A federal judge on Thursday threw out a lawsuit<http://media.jrn.com/documents/Archer+-+Order.pdf> a former aide to Gov. Scott Walker brought against prosecutors, and said that a wealth of evidence seized by investigators about Walker’s campaign and conservative groups could be kept by the court.
That means two courts — the federal judiciary and the Wisconsin Supreme Court — could possess copies of the records about the inner workings of Walker’s campaign and conservative groups active in 2011 and 2012 recall elections. The material would remain under seal and out of the hands of the public, at least for now.
Milwaukee County District Attorney John Chisholm launched two probes related to Walker under the John Doe law that at the time allowed prosecutors to operate in secret and compel targets and witnesses to turn over their records.
I read the opinion<http://media.jrn.com/documents/Archer+-+Order.pdf>. While respectful, the federal district court judge pretty strongly indicates skepticism with the decisions and behavior of the Wisconsin Supreme Court.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, chicanery<http://electionlawblog.org/?cat=12>
ACLU Calls OH SOS Husted’s Statement About Golden Week Litigation “Appalling”<http://electionlawblog.org/?p=83212>
Posted on May 27, 2016 8:25 am<http://electionlawblog.org/?p=83212> by Rick Hasen<http://electionlawblog.org/?author=3>
Release<http://www.acluohio.org/archives/press-releases/aclu-statement-on-secretary-husteds-remarks-regarding-ohio-golden-week-challenge>:
“Ohio Secretary of State Jon Husted’s statement that the ACLU supported the elimination of Golden Week could not be further from the truth,” said ACLU of Ohio Senior Policy Director Mike Brickner. “The ACLU has always strongly opposed the elimination of Golden Week, particularly because its elimination would discriminate against African Americans. Our organization testified against cuts to Golden Week in the legislature and filed a lawsuit to restore it.”
“After protracted litigation, we entered into a settlement resulting in evening and weekend early voting hours for all Ohio counties, and the parties agreed that the settlement reflected no parties’ views about the merits of the case. Secretary Husted’s insinuation that we have actually supported the racially discriminatory elimination of Golden Week all along is appalling. We oppose all forms of voting discrimination, no matter what forms they may take.”
You can find Husted’s appalling statement here<https://twitter.com/chrisgeidner/status/735930957816041474>. (The ACLU definitely is right on this one.)
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>
“Voting rights group: March primary signals problems for NC voters”<http://electionlawblog.org/?p=83210>
Posted on May 27, 2016 8:23 am<http://electionlawblog.org/?p=83210> by Rick Hasen<http://electionlawblog.org/?author=3>
News and Observer<http://www.newsobserver.com/news/politics-government/state-politics/article80188707.html>:
Democracy North Carolina, a voting-rights advocacy organization, recorded the experiences of more than 1,400 North Carolina residents whose votes in the March primary election did not count and shared them with a federal appeals court on Thursday.
Bob Hall, the organization’s director, told reporters he thought the anecdotes and data from thousands of voters bolster the arguments of the NAACP and others challenging the state’s new voter ID law.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>
“Trump is borrowing the GOP brand. He’ll resist bending to party leaders”<http://electionlawblog.org/?p=83208>
Posted on May 27, 2016 8:19 am<http://electionlawblog.org/?p=83208> by Rick Hasen<http://electionlawblog.org/?author=3>
Dan Balz<https://www.washingtonpost.com/politics/trump-is-borrowing-the-gop-brand-hell-resist-bending-to-party-leaders/2016/05/26/b503390c-2347-11e6-aa84-42391ba52c91_story.html> in WaPo:
It’s been called a hostile takeover of the Republican Party, but there’s little that has happened since Donald Trump became the GOP’s presumptive nominee to suggest he wants anything to do with the party. He’s borrowing the brand for his own purposes.
In all ways, Trump continues to show that he is the anti-conventions candidate. That’s especially the case with any notions of him becoming the leader of a political party. Trump is a singular politician unlike any who has risen as fast and as far as he has in modern times. In the same way that he has demonstrated no consistency in his views on issues over time, there is nothing to suggest that he has much regard for the responsibilities and opportunities that come with being the leader of a party.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, political parties<http://electionlawblog.org/?cat=25>
“They Tilt Right, but Top Chief Executives Don’t Give to Trump”<http://electionlawblog.org/?p=83206>
Posted on May 27, 2016 8:18 am<http://electionlawblog.org/?p=83206> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT:<http://www.nytimes.com/2016/05/29/business/they-tilt-right-but-top-chief-executives-dont-give-to-trump.html?ref=politics&_r=0>
The C-suite leans right.
Republican candidates have drawn overwhelming support from the highest-paid chief executives in the country this election cycle, according to an analysis by the Center for Responsive Politics<http://www.opensecrets.org/?version=meter+at+5&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>conducted for The New York Times.
That may not be so surprising, given the Republicans’ reputation as the party of business. But none of the people on this year’s highest-paid list contributed to the campaign of Donald J. Trump<http://www.nytimes.com/interactive/2016/us/elections/donald-trump-on-the-issues.html?inline=nyt-per&version=meter+at+5&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>, a fellow businessman and the presumptive Republican presidential nominee.
Their unwillingness to support Mr. Trump, at least so far, is a further indication that the party’s new standard-bearer is struggling to connect with some of its most influential constituents.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>
“Virginia Democrats to appeal voter ID case”<http://electionlawblog.org/?p=83204>
Posted on May 27, 2016 8:15 am<http://electionlawblog.org/?p=83204> by Rick Hasen<http://electionlawblog.org/?author=3>
Daily Press<http://www.dailypress.com/news/politics/dp-nws-voter-id-appeal-20160526-story.html>:
The Democrats<http://www.dailypress.com/topic/politics-government/democratic-party-ORGOV0000005-topic.html> behind a lawsuit challenging Virginia’s voter ID law will appeal last week’s loss in district court<http://www.dailypress.com/news/politics/dp-nws-voter-id-upheld-20160519-story.html> to the U.S. Court of Appeals, the lead attorney said Thursday.
The group filed its notice of appeal Wednesday, and will ask for an expedited review by the 4th Circuit Court of Appeals, based in Richmond
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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>
“The Dream is Dead: Can Taxpayer Money Save Presidential Campaigns?”<http://electionlawblog.org/?p=83202>
Posted on May 27, 2016 8:07 am<http://electionlawblog.org/?p=83202> by Rick Hasen<http://electionlawblog.org/?author=3>
Shorenstein Center report.<http://shorensteincenter.org/can-taxpayer-money-save-presidential-campaigns/>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>
“Democracy 21 and the Campaign Legal Center Challenge Failure of FEC to Adopt Regulations to Implement Restricted Political Party Accounts”<http://electionlawblog.org/?p=83200>
Posted on May 27, 2016 8:06 am<http://electionlawblog.org/?p=83200> by Rick Hasen<http://electionlawblog.org/?author=3>
See here<http://www.democracy21.org/money-in-politics/letters-to-the-fec/democracy-21-and-the-campaign-legal-center-challenge-failure-of-fec-to-adopt-regulations/>.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, federal election commission<http://electionlawblog.org/?cat=24>
“The Week in Politics: Dems’ Voting Guy Gets Busy, Mayors Ousted and More”<http://electionlawblog.org/?p=83198>
Posted on May 27, 2016 8:05 am<http://electionlawblog.org/?p=83198> by Rick Hasen<http://electionlawblog.org/?author=3>
Alan Greenblatt<http://www.governing.com/topics/politics/gov-politics-roundup-mayors.html> for Governing:
Just how much demand there can be for a good campaign lawyer was on dramatic display this week. Marc Elias has been the go-to attorney for high-profile Democrats for years. But he’s had a particularly eventful few days.
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Posted in election law biz<http://electionlawblog.org/?cat=51>
Penn Law Review Special Issue on Campaign Finance<http://electionlawblog.org/?p=83196>
Posted on May 26, 2016 2:10 pm<http://electionlawblog.org/?p=83196> by Rick Hasen<http://electionlawblog.org/?author=3>
Introduction<https://www.pennlawreview.com/Special_Issue/index.php>:
On the forty-year anniversary of Buckley v. Valeo, and in the midst of a presidential election campaign, the University of Pennsylvania Law Review Online is pleased to present this Special Issue on Campaign Finance, in collaboration with Demos.
ESSAYS IN THIS EDITION
________________________________
Introduction: Problems in the Existing Jurisprudence<https://www.pennlawreview.com/Special_Issue/index.php?id=1>
DEBORAH HELLMAN & DAVID SCHULTZ
First Amendment Freeze Play: Bennett’s Strategy for Entrenching Inequality<https://www.pennlawreview.com/Special_Issue/index.php?id=2>
FRANK PASQUALE
How Sausage Is Made: A Research Agenda for Campaign Finance and Lobbying<https://www.pennlawreview.com/Special_Issue/index.php?id=3>
DANIEL P. TOKAJI & RENATA E. B. STRAUSE
Resurrecting the Neglected Liberty of Self‐Government<https://www.pennlawreview.com/Special_Issue/index.php?id=4>
DEBORAH HELLMAN
Wholly Native to the First Amendment: The Positive Liberty of Self‐Government<https://www.pennlawreview.com/Special_Issue/index.php?id=5>
TABATHA ABU EL‐HAJ
The Federalism Implications of Campaign Finance Regulation<https://www.pennlawreview.com/Special_Issue/index.php?id=6>
FRANITA TOLSON
The Media Exemption Puzzle of Campaign Finance Laws<https://www.pennlawreview.com/Special_Issue/index.php?id=7>
SONJA R. WEST
The Case for a Democratic Theory of American Election Law<https://www.pennlawreview.com/Special_Issue/index.php?id=8>
DAVID SCHULTZ
Sources of Conservative Thinking on Democracy<https://www.pennlawreview.com/Special_Issue/index.php?id=9>
STEPHEN E. GOTTLIEB
Justice Kennedy’s Democratic Dystopia<https://www.pennlawreview.com/Special_Issue/index.php?id=10>
TERRY SMITH
A Locked iPhone; Unlocked Corporate Constitutional Rights<https://www.pennlawreview.com/Special_Issue/index.php?id=11>
CIARA TORRES‐SPELLISCY
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, Supreme Court<http://electionlawblog.org/?cat=29>
OH SOS Husted Issues Statement on Why State is Appealing Ruling Restoring “Golden Week” Voting<http://electionlawblog.org/?p=83192>
Posted on May 26, 2016 1:31 pm<http://electionlawblog.org/?p=83192> by Rick Hasen<http://electionlawblog.org/?author=3>
Statement<https://twitter.com/chrisgeidner/status/735930957816041474> and Notice of Appeal<http://www.sos.state.oh.us/sos/upload/news/20160526.pdf> (via Chris Geidner).
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Posted in election administration<http://electionlawblog.org/?cat=18>
Few Voters See Supreme Court Nominations as One of Two Most Important Issues Coming Into Presidential Election<http://electionlawblog.org/?p=83189>
Posted on May 26, 2016 1:27 pm<http://electionlawblog.org/?p=83189> by Rick Hasen<http://electionlawblog.org/?author=3>
New YouGov poll.<https://d25d2506sfb94s.cloudfront.net/cumulus_uploads/document/aumh8lgpb7/tabs_HP_Voting_Rights_20160523.pdf> Republicans slightly more likely to see this as major issue:
[Screen Shot 2016-05-26 at 1.26.06 PM]<http://electionlawblog.org/wp-content/uploads/Screen-Shot-2016-05-26-at-1.26.06-PM.png>
See also this earlier poll I linked to <http://electionlawblog.org/?p=83138> of California voter attitudes.
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Posted in Supreme Court<http://electionlawblog.org/?cat=29>
Fascinating New Poll on Voting Rights Finds Support for Proof of Citizenship, Preventing Fraud, But Partisan Divide<http://electionlawblog.org/?p=83186>
Posted on May 26, 2016 1:24 pm<http://electionlawblog.org/?p=83186> by Rick Hasen<http://electionlawblog.org/?author=3>
[Update: See the HuffPo story on the poll<http://www.huffingtonpost.com/entry/democrats-voting-rights_us_57473464e4b03ede44142508?ezj625ywlfln2ke29>.]
Among the YouGov results<https://today.yougov.com/news/2016/05/26/poll-results-voting-rights/>:
Do you think people should or should not have to show proof of citizenship in order to register to vote?
They should have to show proof of citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . .68%
They should not have to show proof of citizenship . . . . . . . . . . . . . . . . . . . . . . . 22%
Not sure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10%
Which of the following do you think is more important?
Making sure that no one is able to commit voter fraud . . . . . . . . . . . . . . . . . . . 53%
Making sure that no one who is eligible to vote is prevented from doing so 39%
Not sure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8%
On the “more important” question, here are the crosstabs<https://d25d2506sfb94s.cloudfront.net/cumulus_uploads/document/aumh8lgpb7/tabs_HP_Voting_Rights_20160523.pdf> by party:
[Screen Shot 2016-05-26 at 1.23.37 PM]<http://electionlawblog.org/wp-content/uploads/Screen-Shot-2016-05-26-at-1.23.37-PM.png>
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>
“Carl P. Leubsdorf: Texas’ draconian voter ID law retreads LBJ’s civil rights victory”<http://electionlawblog.org/?p=83184>
Posted on May 26, 2016 12:51 pm<http://electionlawblog.org/?p=83184> by Rick Hasen<http://electionlawblog.org/?author=3>
Leubsdorf Dallas Morning News column<http://www.dallasnews.com/opinion/latest-columns/20160524-carl-p.-leubsdorf-texas-draconian-voter-id-law-retreads-lbjs-civil-rights-victory.ece>.
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Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>
“Eight Lessons We’ve Learned About Money in Politics This Election”<http://electionlawblog.org/?p=83182>
Posted on May 26, 2016 12:50 pm<http://electionlawblog.org/?p=83182> by Rick Hasen<http://electionlawblog.org/?author=3>
Fred Wertheimer.<http://www.huffingtonpost.com/fred-wertheimer/eight-lessons-weve-learne_b_10146016.html>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>
“Verifying Democracy: Developments in Voter ID and Citizenship Verification Practices”<http://electionlawblog.org/?p=83180>
Posted on May 26, 2016 12:49 pm<http://electionlawblog.org/?p=83180> by Rick Hasen<http://electionlawblog.org/?author=3>
Great CLE program<http://shop.americanbar.org/eBus/ABAEventsCalendar/EventDetails.aspx?productId=248922939&sc_channel=email&sc_rec=&sc_sid=&CUSTOMER_NUMBER%3B=&sc_jid=160506F&sc_cid=CE1606VID-A%7D%7D160506F&sc_cid=CE1606VID-A> coming up from the ABA.
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Posted in election administration<http://electionlawblog.org/?cat=18>, voter id<http://electionlawblog.org/?cat=9>
“Judge issues stay reinstating campaign contribution limits from political parties”<http://electionlawblog.org/?p=83177>
Posted on May 26, 2016 11:59 am<http://electionlawblog.org/?p=83177> by Rick Hasen<http://electionlawblog.org/?author=3>
Surprise in Montana<http://helenair.com/news/politics/state/judge-issues-stay-reinstating-campaign-contribution-limits-from-political-parties/article_1ea4aa68-28d7-5b7e-813b-ea42f287ee77.html>.
Wonder whether there was a flood of very big contributions in the interim. I bet that was the point for this election.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>
“Lobbyists Are Behind the Rise in Corporate Profits”<http://electionlawblog.org/?p=83175>
Posted on May 26, 2016 10:12 am<http://electionlawblog.org/?p=83175> by Rick Hasen<http://electionlawblog.org/?author=3>
James Bessen<https://hbr.org/2016/05/lobbyists-are-behind-the-rise-in-corporate-profits> in the Harvard Business Review.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“How California Is Solving Its Voting Rights Problem”<http://electionlawblog.org/?p=83173>
Posted on May 26, 2016 10:06 am<http://electionlawblog.org/?p=83173> by Rick Hasen<http://electionlawblog.org/?author=3>
Spencer Woodman<http://www.vice.com/read/how-california-is-solving-its-voting-rights-problem> for VICE:
Similar battles over voting rights and election fairness have been taking place around California, where rapidly shifting demographics have threatened to upend traditional centers of power in recent decades. As growing minority populations fight for a place in local government, the drawing of voter districts has become a major battleground, determining who gets to have a say in important aspects of civic life. In the past few weeks alone, California’s voting rights disputes resulted in a federal voting rights suitagainst alleged districting<http://www.courthousenews.com/2016/04/26/latinos-challenge-kern-county-redistricting.htm> discrimination in Kern County<http://www.maldef.org/news/releases/2016_04-22_MALDEF_Sues_Kern_County_For_Violating_VRA/>; a redrawing<http://www.thecapistranodispatch.com/election-2016-dividing-into-districts/> of districts in the coastal town of San Juan Capistrano<http://www.thecapistranodispatch.com/city-to-host-first-public-forum-on-district-mapping/>, following a state voting rights suit; and legal action<http://www.latimes.com/tn-gnp-me-complaint-alleges-glendale-unified-viol> by Shenkman against an allegedly suppressive school district in the Los Angeles area.
“These things are happening all over the state,” said Richard Hasen, a professor of law and political science at the University of California, Irvine. “Inertia is a powerful force, and people who benefit from the status quo don’t want to change the status quo. Sometimes it takes a lawsuit to force more equitable forms of representation.”
Yet despite these districting tiffs, Hasen said, California actually represents a rare bright spot for many advocates in national elections policy. In recent years, as other states remained intent on erecting new barriers to the ballot box, California did pretty much the opposite, enacting a series of new laws that have put the state at the cutting edge of progressive voting policy.
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Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>
“The fire next time; Today’s voting-rights disputes are less clear-cut than those of the civil-rights era, but they are inflammatory all the same”<http://electionlawblog.org/?p=83171>
Posted on May 26, 2016 10:03 am<http://electionlawblog.org/?p=83171> by Rick Hasen<http://electionlawblog.org/?author=3>
The Economist reports.<http://www.economist.com/news/united-states/21699451-todays-voting-rights-disputes-are-less-clear-cut-those-civil-rights-era>
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>, Voting Rights Act<http://electionlawblog.org/?cat=15>
Electionline’s Summer Reading List<http://electionlawblog.org/?p=83169>
Posted on May 26, 2016 9:20 am<http://electionlawblog.org/?p=83169> by Rick Hasen<http://electionlawblog.org/?author=3>
Some great choices.<http://www.electionline.org/index.php/electionline-weekly>
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Posted in election administration<http://electionlawblog.org/?cat=18>
“Hearing for California primary lawsuit set for after voting”<http://electionlawblog.org/?p=83167>
Posted on May 26, 2016 9:19 am<http://electionlawblog.org/?p=83167> by Rick Hasen<http://electionlawblog.org/?author=3>
AP<http://www.ocregister.com/articles/primary-717076-hearing-voters.html>:
A federal judge has set an Aug. 18 hearing date in a lawsuit filed by a Bernie Sanders supporter seeking to extend California’s voter registration deadline ahead of the primary election, meaning the plaintiffs likely won’t get a hearing before the state’s June 7 primary.
Attorney William Simpich argued in the filing that the process for unaffiliated voters to get a presidential primary ballot – particularly those seeking to cast ballots in the Democratic primary contest between Vermont Sen. Bernie Sanders and former Secretary of State Hillary Clinton – was too confusing and would leave many voters disenfranchised. He said at least two counties failed to notify some voters of their right to request a ballot to vote in the Democratic, Libertarian or American Independent Party contests.
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Posted in election administration<http://electionlawblog.org/?cat=18>, political parties<http://electionlawblog.org/?cat=25>, primaries<http://electionlawblog.org/?cat=32>
“Judge says voting rules won’t change for August election”<http://electionlawblog.org/?p=83165>
Posted on May 26, 2016 9:18 am<http://electionlawblog.org/?p=83165> by Rick Hasen<http://electionlawblog.org/?author=3>
AP<http://m.apnews.com/ap/db_268748/contentdetail.htm?contentguid=AusT5ezp>:
There will be no change to Wisconsin’s voting laws before the Aug. 9 primary, including the requirement that photo identification be shown at the polls, a federal judge hearing a challenge to more than a dozen election laws said Thursday.
U.S. District Judge James Peterson told attorneys at the beginning of the final day of testimony in the two-week trial that he will make a ruling by the end of July, which won’t leave enough time to enact any changes he may order before the primary where the field of candidates running for a host of state and federal races will be winnowed.
“Obviously I feel urgency in getting the decision out,” Peterson said, adding that he didn’t think it would be realistic to have it done before the end of July. He scheduled final arguments for June 30.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>
--
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
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