[EL] ELB News and Commentary 10/7/16

[Rick Hasen]

Chapin: Lennon’s Law, Hurricane Matthew and the 2016 Election<http://electionlawblog.org/?p=87278>
Posted on October 7, 2016 7:31 am<http://electionlawblog.org/?p=87278> by Rick Hasen<http://electionlawblog.org/?author=3>

The following is a guest post from Doug Chapin<https://www.hhh.umn.edu/directory/doug-chapin> (and huge thanks to Doug for putting this together so quickly):

Over at the Election Academy blog<http://editions.lib.umn.edu/electionacademy/> – where I usually get my electiongeek on – I often refer to something I call “Lennon’s Law.”<http://editions.lib.umn.edu/electionacademy/2012/07/13/lennons-law-and-the-michigan-s/> It’s named for former Beatle John Lennon, and it comes from the lyrics of his song “Beautiful Boy (Darling Boy)”<https://www.youtube.com/watch?v=L_j-tpmdPlI>:

Life is what happens to you/While you’re busy making other plans

Needless to say, Lennon’s Law has very much been on my mind recently as events along the South Atlantic coast unfold in the path of Hurricane Matthew. Specifically, as someone interested in election administration I’ve been fascinated by how the likely affected states have reacted differently as the storm bears down – right at the voter registration deadline.

In two of the three states – South Carolina and Georgia – voters have been told that they can have extra time to register. In the Palmetto State<http://scvotes.org/2016/10/06/voter_registration_deadlines_extended>, voters who are unable to register in person or online can send in a mail application and it will be accepted if it is postmarked by next Tuesday, October 11. Similar extensions are in place in the Peach State<http://sos.ga.gov/index.php/elections/steps_voters_can_take_to_prepare_for_hurricane_matthew_>, with the additional option to use the state’s text- or app-based registration systems to get on the rolls before the deadline.

In Florida, however, Governor Rick Scott has rejected a similar extension, telling the media last night that “[e]verybody has had a lot of time to register.”<https://www.bustle.com/articles/188276-hurricane-matthew-wont-affect-floridas-voter-registration-deadline-but-it-could-seriously-impact-turnout> And unlike their neighbors to the north, the Sunshine State does not yet have online voter registration, which could be an alternative for displaced voters; it won’t go into effect until 2017 despite being enacted in 2015 because of resistance from the state to OVR despite overwhelming support by local election officials<http://editions.lib.umn.edu/electionacademy/2015/06/12/after-unsuccessfully-opposing/>.

The decision not to extend registration will almost certainly result in litigation, given the importance of Florida to the 2016 election. Rick has already covered both the legal and political angles of such a dispute in his most recent Slate piece<http://www.slate.com/blogs/the_slatest/2016/10/06/hurricane_matthew_could_have_devastating_consequences_for_the_election.html>, so I won’t repeat them here. But the gist of the dispute – whether and how a state can adjust election deadlines in the face of a “contingency” – the legal euphemism for a natural or man-made disaster – remains.

As Rick points out in his piece, Florida does have a statute<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0101/Sections/0101.733.html> that allows the Governor to suspend or delay an election – and such a statute would be in play if Matthew were threatening to strike the state on or around Election Day. But in this case, the contingency is occurring at another key point in the process; namely, the voter registration deadline – and for unregistered voters, missing that deadline will make it impossible for them to cast a ballot in November.

In the absence of some kind of mechanism to adjust election deadlines in the face of a contingency, states are acting essentially of their own accord – which in turn not only raises the prospect of litigation (which is never a good thing<http://editions.lib.umn.edu/electionacademy/2014/10/06/enough-is-enough-time-to-put-a/> this close to an election) but also introduces political and partisan considerations (which is never a good thingever for election administration).

Obviously, it’s too late in this election cycle to address this question, but here’s hoping Florida – and every other state – takes a hard look soon at their own election code to see what can and should be done if a contingency strikes not just on or around Election Day but at different points in the voting process. The decision to extend or not needs to have clearer standards so that everyone – election officials, voters and the courts – knows how to assess any contingency-driven decision.

I know for a fact that local election officials think about contingencies all the time<https://www.eac.gov/election_management_resources/contingency_plans.aspx> – and many would want to give their voters extra time when disaster strikes – but they are generally powerless to do so because of the strictures of state law. Establishing a process for evaluating and responding to contingencies would help them do what they always want to do: help their voters.

Hurricane Matthew and its impact on the 2016 election is the latest example of the importance of Lennon’s Law; the challenge going forward will be to have a plan when “life happens.”
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter registration<http://electionlawblog.org/?cat=37>


“Gary Johnson Is No Bernie Sanders: He Wants More Corporate Money in Politics, Not Less”<http://electionlawblog.org/?p=87276>
Posted on October 7, 2016 7:28 am<http://electionlawblog.org/?p=87276> by Rick Hasen<http://electionlawblog.org/?author=3>

Adam Smith:<http://everyvoice.org/posts/gary-johnson-bernie-sanders-wants-corporate-money-politics-less>

For the Bernie voters still deciding who to vote for in November, an outside candidate like Libertarian presidential candidate Gary Johnson may seem appealing. But crucially, Johnson doesn’t agree on this key tenet of Bernie political revolution. In fact, Johnson supportsCitizens United and the current big money system. He thinks corporations, billionaires, and Wall Street should be able to spend more money on politics, not less.

In 2012, Johnson said<http://www.thenewamerican.com/usnews/politics/item/12532-the-%E2%80%9Cother%E2%80%9D-candidates-for-president> he supported Citizens United. Corporations and wealthy donors “should be able to contribute as much money as they want,” he said.

When asked this year whether corporations and unions should be allowed to donate unlimited amounts to political candidates, he responded<https://www.isidewith.com/candidate-guide/bernie-sanders-vs-gary-johnson/domestic-policy/campaign-finance>, “yes.”

And it’s not just about Citizens United. When asked in an interview earlier this year<http://2016election.procon.org/view.source.election.php?sourceID=13898#question2082>whether he supported public financing, Johnson said, “Absolutely not.” As governor of New Mexico in 2000, Johnsonopposed a proposed ballot initiative<http://everyvoice.org/wp-content/uploads/2016/10/APJohnson2000.pdf> that would’ve created such a system for state races.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>


“A Crisis of Representation”<http://electionlawblog.org/?p=87274>
Posted on October 7, 2016 7:17 am<http://electionlawblog.org/?p=87274> by Rick Hasen<http://electionlawblog.org/?author=3>

McGann, Smith, Latner, and Keena at Balkinization<http://balkin.blogspot.com/2016/10/a-crisis-of-representation.html>:

In our new book Gerrymandering in America: The House of Representatives, The Supreme Court and the Future of Popular Sovereignty<https://www.amazon.com/Gerrymandering-America-Representatives-Supreme-Sovereignty/dp/131650767X>, we look at an ongoing crisis in the way the House of Representatives is elected.

We are concerned that the power that state legislatures have over the composition of the House of Representatives represents a smoldering constitutional crisis, which may itself be linked to the Trump phenomenon.  The distortion in representation that results from partisan gerrymandering, not only in terms of Congressional polarization, whichincreased<http://fivethirtyeight.blogs.nytimes.com/2012/12/27/as-swing-districts-dwindle-can-a-divided-house-stand/?_r=0> further with the 2012 districting plans, but also in the increased likelihood that a majority of voters are denied a majority of seats, contributes to gridlock and ever-higher levels of legislative dysfunction.  This violation of majority rule occurred in 2012, and may occur again in 2016.  Even if Clinton is victorious by a sizable margin (5%+), and a majority of voters support Democratic Congressional candidates, the GOP is likely to retain control of the House.  If this occurs, legislative-executive relations are likely to erode further, weakening our constitutional system’s capacity to respond to challenges at home and abroad.   Unless we are willing to rethink the Supreme Court’s reasoning about how to address partisan gerrymandering, we may be approaching that cliff.

In our book, we demonstrate that the Supreme Court’s decision in Vieth v. Jubelirer(2004), and the partisan districting that followed the 2010 Census, raise fundamental questions about American democracy.  The Court’s decision in Viethremoved the possibility that the Court would invalidate a districting plan on grounds of partisan gerrymandering. This was because a majority of the Court found that there are no suitable standards for adjudicating such claims. In effect, this means that partisan gerrymandering is nonjusticiable, in practice if not in principle.  This has created a loophole that has allowed state legislatures to create very biased districting plans that undermined the egalitarian intent of the reapportionment revolution of the 1960s.
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Posted in redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>


“Tracie Hunter will be allowed to vote”<http://electionlawblog.org/?p=87272>
Posted on October 7, 2016 7:07 am<http://electionlawblog.org/?p=87272> by Rick Hasen<http://electionlawblog.org/?author=3>

The latest <http://www.cincinnati.com/story/news/2016/10/06/tracie-hunter-allowed-vote/91703918/> from Ohio.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“Reclusive mega-donor fueling Donald Trump’s White House hopes”<http://electionlawblog.org/?p=87270>
Posted on October 7, 2016 7:05 am<http://electionlawblog.org/?p=87270> by Rick Hasen<http://electionlawblog.org/?author=3>

CPI:<https://www.publicintegrity.org/2016/10/07/20307/reclusive-mega-donor-fueling-donald-trumps-white-house-hopes>

In March, Republican presidential candidate Donald Trump<https://www.publicintegrity.org/news/Donald-Trump> was vehement<http://www.cnn.com/2016/03/10/politics/republican-debate-transcript-full-text/>: Super PACs are a “disaster” and “very corrupt.”

With his opponent, U.S. Sen. Ted Cruz of Texas, gazing expressionlessly<https://vimeo.com/158643421> at him from the next podium during a Republican primary debate, Trump added, “Ted has super PACs, and you have to look at the people that are giving to those super PACs, number one. It’s very important to do that.”

“There is total control of the candidates,” Trump continued. “I know it better than anybody that probably ever lived.”

If he’s right, New York investor Robert Mercer and his daughter Rebekah, the very same mega-donors who propped up Cruz’s bid, are due for some scrutiny.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>


“Furman students wait for judge to decide whether they can vote”<http://electionlawblog.org/?p=87268>
Posted on October 6, 2016 9:45 pm<http://electionlawblog.org/?p=87268> by Rick Hasen<http://electionlawblog.org/?author=3>

Greenville News:<http://www.greenvilleonline.com/story/news/politics/elections/2016/10/06/furman-students-wait-judge-decide-whether-they-can-vote/91690288/>

When West mailed her voter registration in to the office of Greenville County Voter Registration and Elections, she received a questionnaire in return. It had 11 questions that the county office said would help the local voter registration board decide whether she was truly qualified to vote in Greenville County. West refused to answer the questionnaire because she considers it invasive and unlawful. It had questions about where she banked, how involved she was in the community, where her vehicle was registered and where her parents live.

“It didn’t seem like something that I should have to fill out,” West said. “Something that my off-campus peers don’t have to fill out. I didn’t want to be treated differently and I was.”

Greenville County’s voter registration board sends the questionnaires only to college students who live on campus at colleges in the county. This includes students at Bob Jones University, North Greenville University and Greenville Technical College in addition to Furman. It also may affect some students at The Governor’s School for the Arts and Humanities in Greenville.

Yeah, this sounds very suspect going only to students.
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Posted in voting<http://electionlawblog.org/?cat=31>


“Scott won’t extend voter registration deadline as Hurricane Matthew threatens state”<http://electionlawblog.org/?p=87266>
Posted on October 6, 2016 8:08 pm<http://electionlawblog.org/?p=87266> by Rick Hasen<http://electionlawblog.org/?author=3>

Politico:<http://www.politico.com/states/florida/story/2016/10/scott-wont-extend-voter-registration-deadline-as-hurricane-matthew-approaches-106172>

The final days of voter registration in Florida often brings out more people who register as Democrats or who, though they register as no-party-affiliation voters, fit the profile of a Democratic voter.

In 2012, for instance, more than 86,000 people registered to vote in the last eight days before the deadline — only 21 percent were Republican and 40 percent were Democrats; 38 percent were independents but many were young and/or minority, according to Daniel A. Smith, a University of Florida political science professor, who studies the state’s voter-registration rolls and trends.

President Barack Obama in 2012 won the state by just 74,309 votes, or less than a single percentage point.

“I think there’s a connection between what Rick Scott is doing and the numbers we see,” Smith said. “I don’t expect him to extend the voter-registration period because the tailed end of voter-registration drive tends to pick up those who are less politically engaged, who are younger and minority voters and that doesn’t bode well for the Republican Party.”


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


“Hurricane Matthew Could Have Devastating Consequences for the Election”<http://electionlawblog.org/?p=87264>
Posted on October 6, 2016 5:34 pm<http://electionlawblog.org/?p=87264> by Rick Hasen<http://electionlawblog.org/?author=3>

I have written this piece <http://www.slate.com/blogs/the_slatest/2016/10/06/hurricane_matthew_could_have_devastating_consequences_for_the_election.html> for Slate. It begins:

If Hurricane Matthew is as devastating to Florida as forecasters have predicted, it could be a human tragedy costing people their lives, health, homes, and personal property. Beyond that initial tragedy, though, the storm also may have dire electoral implications, potentially affecting the outcome of the 2016 presidential election and landing emergency election litigation from Florida once again before the (now-deadlocked) United States Supreme Court.

Florida is seen as a state key to Donald Trump’s chances<https://twitter.com/johnjharwood/status/784122190555848704> of victory over Hillary Clinton for the presidency, and this storm could have major impacts on voter registration and voting.

Voter registration in Florida closes in just five days. According to Professor Dan Smith<https://twitter.com/electionsmith/status/784142589540917252>of the University of Florida, in the last five days of registration in 2012, 50,000 Florida voters signed up to vote. Many who might normally sign up to vote at the last minute are now following Florida Gov. Rick Scott’s order to flee the affected areas of the state, and they are not likely to register to vote on their way out or drop ballots in closed post offices or soon-to-be-flooded post office boxes. Hillary Clinton’s campaign has already called for voter registration deadlines<http://www.politico.com/story/2016/10/clinton-campaign-florida-voter-registration-hurricane-229249> to be extended, but the Republican governor has already turned down that request<https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&cad=rja&uact=8&ved=0ahUKEwjQ8cy6scfPAhUByGMKHai3C4cQFgglMAM&url=http%3A%2F%2Fmiamiherald.typepad.com%2Fnakedpolitics%2F2016%2F10%2Fgov-scott-says-no-to-extending-florida-voter-registration-deadline.html&usg=AFQjCNEWBz6qXEKTfBq_RAl4DwlRnKFh3Q&sig2=kx-v3ECO_vm5P68VzFbEzA&bvm=bv.134495766,d.cGc>.

Another snippet:

Litigation may begin even before the storm ends, with Democrats pushing to extend registration deadlines in Florida since Gov. Scott has said he will not extend them on his own. Even if Scott gives in and does extend those deadlines, he could be sued on the basis that such an extension is illegal because it usurps the power of the Florida legislature to set the rules for presidential elections. Florida law gives the governor<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0101/Sections/0101.733.html>the power to delay an election, but apparently not to extend registration dates or make other election changes. Any changes in election rules by election administrators, the governor, or courts could be found to be illegal if not passed by the Florida legislature.

If that argument sounds familiar, it is one that surfaced during the disputed 2000 presidential election between Republican George W. Bush and Democrat Al Gore. In that election, a very close margin separated the candidates in Florida, and Florida’s electoral votes determined the outcome of the race.
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Posted in election administration<http://electionlawblog.org/?cat=18>


Quote of the Day<http://electionlawblog.org/?p=87253>
Posted on October 6, 2016 1:26 pm<http://electionlawblog.org/?p=87253> by Rick Hasen<http://electionlawblog.org/?author=3>

“Voter fraud exists, but it’s rare and it’s a fifth-degree felony.”

Ohio SOS Jon Husted.<http://www.cincinnati.com/story/opinion/contributors/2016/10/06/husted-s-easy-vote-hard-cheat/91670900/>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“Clinton campaign chief to Florida: Extend voter registration because of storm”<http://electionlawblog.org/?p=87251>
Posted on October 6, 2016 1:25 pm<http://electionlawblog.org/?p=87251> by Rick Hasen<http://electionlawblog.org/?author=3>

Politico reports.<http://www.politico.com/story/2016/10/clinton-campaign-florida-voter-registration-hurricane-229249>


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Posted in election administration<http://electionlawblog.org/?cat=18>


Sam Bee Takes on Trump’s Rigged Comments<http://electionlawblog.org/?p=87249>
Posted on October 6, 2016 1:23 pm<http://electionlawblog.org/?p=87249> by Rick Hasen<http://electionlawblog.org/?author=3>

Watch.<https://www.youtube.com/watch?v=6Op9Bkpeu4s>
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Posted in chicanery<http://electionlawblog.org/?cat=12>, election law "humor"<http://electionlawblog.org/?cat=52>
“Donald Trump’s Dangerous Vote Rigging Comments Follow Years of Republican Voter Fraud Hysteria”<http://electionlawblog.org/?p=87245>
Posted on October 6, 2016 12:18 pm<http://electionlawblog.org/?p=87245> by Rick Hasen<http://electionlawblog.org/?author=3>

I have written this piece <http://talkingpointsmemo.com/cafe/trump-rigged-election-republican-voter-fraud-hysteria> for Talking Points Memo. It begins:

Donald Trump may be out of step with the Republican Party’s traditional stance on some issues, like support for international trade, but he’s right in line with Republican hysteria over voter fraud. Indeed, the threat of voter intimidation and violence that Trump is raising by his irresponsible talk of vote rigging and encouragement of his supporters to go to other polling places is only possible because of years of earlier irresponsible talk.


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Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>


“With Senate Control at Stake, Koch Groups Start Endorsing by Name”<http://electionlawblog.org/?p=87243>
Posted on October 6, 2016 12:08 pm<http://electionlawblog.org/?p=87243> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT:<http://www.nytimes.com/2016/10/07/us/politics/senate-koch-marco-rubio-pat-toomey.html?smid=tw-share>

The vast and cash-rich Koch political network is intensifying efforts behind preferred Republican candidates in the few crucial races that could decide Senate control.

For the first time, some political groups under the umbrella of the billionaire conservative donors Charles G. and David H. Koch<http://www.nytimes.com/2015/07/31/us/koch-brothers-brave-spotlight-to-try-to-alter-their-image.html> are embracing direct endorsement of Senate candidates — a marked shift from the more generic, issue-oriented ads and outreach such nonprofit organizations typically employ to steer voters to chosen candidates.

The push will be a major test of strength for the Koch network, an effort that has been building over the past decade, born of the brothers’ disenchantment with the performance of the Republican Party. The groups already have spent tens of millions of dollars on Senate campaigns.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>


Electionline Looks at Secretary of State Races Around the Country<http://electionlawblog.org/?p=87241>
Posted on October 6, 2016 11:37 am<http://electionlawblog.org/?p=87241> by Rick Hasen<http://electionlawblog.org/?author=3>

Here.<http://www.electionline.org/index.php/electionline-weekly>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


Wake NC GOP Party Organizing Poll Observers, Raising Specter of “Alinsky-esque” Voter Fraud; “They Will Stop at Nothing”<http://electionlawblog.org/?p=87238>
Posted on October 6, 2016 9:48 am<http://electionlawblog.org/?p=87238> by Rick Hasen<http://electionlawblog.org/?author=3>

Via Gerry Cohen:<https://twitter.com/gercohen/status/784071274326818816>

[ake]<http://electionlawblog.org/wp-content/uploads/wake.jpg>
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Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>


“FEC Must Investigate Unprecedented Violations of Campaign Finance Laws by Clinton, Trump”<http://electionlawblog.org/?p=87236>
Posted on October 6, 2016 8:59 am<http://electionlawblog.org/?p=87236> by Rick Hasen<http://electionlawblog.org/?author=3>

Release:<http://www.campaignlegalcenter.org/news/press-releases/fec-must-investigate-unprecedented-violations-campaign-finance-laws-clinton>

The Campaign Legal Center today filed complaints with the Federal Election Commission alleging that three super PACs – one supporting Hillary Clinton (Correct the Record<http://www.campaignlegalcenter.org/document/fec-complaint-correct-record>) and two supporting Donald Trump (Rebuilding America Now and Make America Number 1<http://www.campaignlegalcenter.org/document/fec-complaint-make-america-number-1-and-rebuilding-america-now>) – have violated federal election law by coordinating with the two major party candidates.

“We have been forced to file these complaints because a dysfunctional FEC has been sitting idly by as the campaigns of the presidential candidate of both major parties are involved in unprecedented coordination with super PACs in violation of the law,” said Larry Noble, general counsel for the Campaign Legal Center. “These are not minor or technical violations. According to the Supreme Court, unlimited campaign spending by wealthy interests can corrupt candidates unless totally independent of a campaign. Giving a large contribution to a super PAC that is coordinating with the Trump or Clinton campaign is the same as giving it directly to the campaign and buys the same direct access and influence over that candidate.”
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87236&title=%E2%80%9CFEC%20Must%20Investigate%20Unprecedented%20Violations%20of%20Campaign%20Finance%20Laws%20by%20Clinton%2C%20Trump%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>


Brennan Center Files Brief on Montana’s AntiCorruption Interest in Lair Case<http://electionlawblog.org/?p=87234>
Posted on October 6, 2016 8:57 am<http://electionlawblog.org/?p=87234> by Rick Hasen<http://electionlawblog.org/?author=3>

Here.<https://www.brennancenter.org/sites/default/files/legal-work/2016-10-05%201122%20Lair%20v.%20Motl%20-%20Brennan%20Center%20Amicus%20Brief%20with%20bookmarks.pdf>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87234&title=Brennan%20Center%20Files%20Brief%20on%20Montana%E2%80%99s%20AntiCorruption%20Interest%20in%20Lair%20Case&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>


“Putting Political Equality Before The Courts In Campaign Finance Cases”<http://electionlawblog.org/?p=87232>
Posted on October 6, 2016 8:54 am<http://electionlawblog.org/?p=87232> by Rick Hasen<http://electionlawblog.org/?author=3>

Ron Fein<https://www.acslaw.org/acsblog/putting-political-equality-before-the-courts-in-campaign-finance-cases>:

Why do we want to limit the influence of money in politics and what do we tell the courts? For 40 years, since the Supreme Court’s 1976 Buckley v. Valeo<http://www.fec.gov/law/litigation/Buckley.pdf>decision, the legal arguments for limiting big money in politics have been compelled to focus on “corruption” as the only reason.

Not anymore.<http://freespeechforpeople.org/lair/> On Wednesday, Free Speech For People<http://www.freespeechforpeople.org/>(along with partners Indian Law Resource Center, American Independent Business Alliance, American Sustainable Business Council and retired Montana Supreme Court Justice James Nelson) filed an amicus brief<http://freespeechforpeople.org/lair/> in the U.S. Court of Appeals for the Ninth Circuit in support of the state of Montana’s campaign contribution limits against a challenge led by noted campaign finance reform opponent James Bopp. The amicus brief advances a political equality argument. The district court had chastised Montana’s voters, who passed the contribution limits by a 1994 ballot initiative, for trying to achieve political equality.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87232&title=%E2%80%9CPutting%20Political%20Equality%20Before%20The%20Courts%20In%20Campaign%20Finance%20Cases%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, political equality<http://electionlawblog.org/?cat=69>


VA AG Says Ballot Selfies OK in VA<http://electionlawblog.org/?p=87230>
Posted on October 6, 2016 8:52 am<http://electionlawblog.org/?p=87230> by Rick Hasen<http://electionlawblog.org/?author=3>

Advisory opinion.<http://ag.virginia.gov/files/Opinions/2016/16-038_Bell_Lind_issued.pdf>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87230&title=VA%20AG%20Says%20Ballot%20Selfies%20OK%20in%20VA&description=>
Posted in campaigns<http://electionlawblog.org/?cat=59>


“The Voting System That Could Rescue U.S. Politics”<http://electionlawblog.org/?p=87228>
Posted on October 6, 2016 8:49 am<http://electionlawblog.org/?p=87228> by Rick Hasen<http://electionlawblog.org/?author=3>

Leonid Bershidsky<https://www.bloomberg.com/view/articles/2016-10-06/the-voting-system-that-could-rescue-u-s-politics> for Bloomberg View.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87228&title=%E2%80%9CThe%20Voting%20System%20That%20Could%20Rescue%20U.S.%20Politics%E2%80%9D&description=>
Posted in alternative voting systems<http://electionlawblog.org/?cat=63>


“Texas’s Voter-Registration Laws Are Straight Out of the Jim Crow Playbook”<http://electionlawblog.org/?p=87226>
Posted on October 6, 2016 8:32 am<http://electionlawblog.org/?p=87226> by Rick Hasen<http://electionlawblog.org/?author=3>

Ari Berman writes<https://www.thenation.com/article/texass-voter-registration-laws-are-straight-out-of-the-jim-crow-playbook/> for The Nation.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D87226&title=%E2%80%9CTexas%E2%80%99s%20Voter-Registration%20Laws%20Are%20Straight%20Out%20of%20the%20Jim%20Crow%20Playbook%E2%80%9D&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter registration<http://electionlawblog.org/?cat=37>


--
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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