[EL] ELB News and Commentary 9/2/16
Rick Hasen
rhasen at law.uci.edu
Thu Sep 1 19:45:22 PDT 2016
“Hillary Clinton Raised $143 Million in August for Democrats and Her Campaign”<http://electionlawblog.org/?p=86140>
Posted on September 1, 2016 7:41 pm<http://electionlawblog.org/?p=86140> by Rick Hasen<http://electionlawblog.org/?author=3>
Nick Confessore<http://www.nytimes.com/2016/09/02/us/politics/hillary-clinton-fundraising.html?ref=politics> on the McCutcheon effect:
August was Mrs. Clinton’s most successful fund-raising month so far, as she crisscrossed the country on a money hunt that took her to dozens of events in the summer locales of the wealthy and the well-to-do. Her efforts brought in $143 million for her campaign and for Democratic organizations, according to her campaign. That is far more than the $90 million haul Mrs. Clinton and the Democrats reported in July.
But most of the increase is coming in the form of contributions earmarked for Democratic Party organizations.
Mrs. Clinton has been making particularly avid use of new fund-raising limits ushered in by court rulings and new campaign finance rules. Her largest donors are writing checks for $350,000 or more, effectively a combined contribution to her campaign, the D.N.C. and dozens of state parties participating in her joint fund-raising effort.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86140&title=%E2%80%9CHillary%20Clinton%20Raised%20%24143%20Million%20in%20August%20for%20Democrats%20and%20Her%20Campaign%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>
“Outside groups spent nearly $100 million to sway Senate races”<http://electionlawblog.org/?p=86138>
Posted on September 1, 2016 7:32 pm<http://electionlawblog.org/?p=86138> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo:<https://www.washingtonpost.com/news/powerpost/wp/2016/09/01/outside-groups-spent-nearly-100-million-to-sway-senate-races/>
Outside groups have poured roughly $95.5 million through Aug. 30 into five Senate races aimed at the general election, proving that donors are deeply invested in the fight over which party controls Congress in 2017.
The groups are spending big in Pennsylvania, Ohio, Nevada, New Hampshire, and Wisconsin. All of the races except Nevada are places where where Republican incumbents are battling well-known, popular Democrats in states that have historically tipped blue in presidential elections. Republicans hold a slim 54-48 seat majority in the Senate and the races represent some of the toughest battlegrounds in this election.
The nearly $100 million price tag is according to groups who report any ad buys or other activities such as direct mail explicitly supporting or opposing the election of a candidate. Non-profits like the ones associated with the Koch network which run issue based ads are not required to disclose with the FEC. Such non-profits do not need to disclose their donors and are rising in influence in the 2016 elections.
A new analysis<https://www.brennancenter.org/analysis/election-spending-2016-eight-toss-senate-races> released Wednesday by the Brennan Center estimated that “shadow party” groups with close ties to Senate leaders have spent $47 million so far this cycle on Senate elections. These groups also are not required to reveal their donors.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86138&title=%E2%80%9COutside%20groups%20spent%20nearly%20%24100%20million%20to%20sway%20Senate%20races%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>
“As Trump struggles, Greens argue that it’s safe to cast votes for Stein”<http://electionlawblog.org/?p=86136>
Posted on September 1, 2016 7:30 pm<http://electionlawblog.org/?p=86136> by Rick Hasen<http://electionlawblog.org/?author=3>
Weigel.<https://www.washingtonpost.com/politics/as-trump-struggles-greens-argue-that-its-safe-to-cast-votes-for-stein/2016/08/31/2b720adc-6ee3-11e6-8365-b19e428a975e_story.html>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86136&title=%E2%80%9CAs%20Trump%20struggles%2C%20Greens%20argue%20that%20it%E2%80%99s%20safe%20to%20cast%20votes%20for%20Stein%E2%80%9D&description=>
Posted in campaigns<http://electionlawblog.org/?cat=59>, third parties<http://electionlawblog.org/?cat=47>
“Trump pays IRS a penalty for his foundation violating rules with gift to aid Florida attorney general”<http://electionlawblog.org/?p=86134>
Posted on September 1, 2016 7:29 pm<http://electionlawblog.org/?p=86134> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo reports.<https://www.washingtonpost.com/news/post-politics/wp/2016/09/01/trump-pays-irs-a-penalty-for-his-foundation-violating-rules-with-gift-to-florida-attorney-general/>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86134&title=%E2%80%9CTrump%20pays%20IRS%20a%20penalty%20for%20his%20foundation%20violating%20rules%20with%20gift%20to%20aid%20Florida%20attorney%20general%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, tax law and election law<http://electionlawblog.org/?cat=22>
“Republican leader of Va. Senate advances felon voting plan of his own”<http://electionlawblog.org/?p=86132>
Posted on September 1, 2016 7:25 pm<http://electionlawblog.org/?p=86132> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo<https://www.washingtonpost.com/local/virginia-politics/gop-leader-of-va-senate-proposes-felon-voting-plan-of-his-own/2016/09/01/78365fcc-7081-11e6-8533-6b0b0ded0253_story.html>:
A Republican state senator who sued Gov. Terry McAuliffe over the governor’s efforts to restore voting rights to felons filed legislation Thursday to automatically grant political rights to certain nonviolent criminals.
Senate Majority Leader Thomas K. Norment Jr. (R-James City) filed the proposed constitutional amendment one day after he and other Republicans announced that they were taking McAuliffe (D) back to court over his latest attempt at rights restoration.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86132&title=%E2%80%9CRepublican%20leader%20of%20Va.%20Senate%20advances%20felon%20voting%20plan%20of%20his%20own%E2%80%9D&description=>
Posted in felon voting<http://electionlawblog.org/?cat=66>
“Protecting Voting Rights and Indian Country: A Precedent Setting Victory”<http://electionlawblog.org/?p=86130>
Posted on September 1, 2016 7:10 pm<http://electionlawblog.org/?p=86130> by Rick Hasen<http://electionlawblog.org/?author=3>
Byran Sells and Tim Pordon oped<http://indiancountrytodaymedianetwork.com/2016/09/01/protecting-voting-rights-and-indian-country-precedent-setting-victory> at Indian Country Today.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86130&title=%E2%80%9CProtecting%20Voting%20Rights%20and%20Indian%20Country%3A%20A%20Precedent%20Setting%20Victory%E2%80%9D&description=>
Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>
Tweet of the Day<http://electionlawblog.org/?p=86127>
Posted on September 1, 2016 7:04 pm<http://electionlawblog.org/?p=86127> by Rick Hasen<http://electionlawblog.org/?author=3>
<https://twitter.com/EllenLWeintraub>
Follow<https://twitter.com/EllenLWeintraub>
[https://pbs.twimg.com/profile_images/454794913994248192/2f5WU2B5_normal.jpeg]Ellen L Weintraub @EllenLWeintraub<https://twitter.com/EllenLWeintraub>
The @FEC<https://twitter.com/FEC> has no opinion on the existence of God. But if she wants to run for U.S. President, she has to fill out her forms like anyone else.
3:30 PM - 1 Sep 2016<https://twitter.com/EllenLWeintraub/status/771430020648693760>
· <https://twitter.com/intent/tweet?in_reply_to=771430020648693760>
· <https://twitter.com/intent/retweet?tweet_id=771430020648693760>
134134 Retweets<https://twitter.com/intent/retweet?tweet_id=771430020648693760>
· <https://twitter.com/intent/like?tweet_id=771430020648693760>
152152 likes<https://twitter.com/intent/like?tweet_id=771430020648693760>
FEC Commissioner Ellen Weintraub<https://twitter.com/EllenLWeintraub/status/771430020648693760>, amid reports that the FEC going after God<https://www.publicintegrity.org/2016/09/01/20150/federal-election-commission-questions-existence-god> for not filing the right paperwork.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86127&title=Tweet%20of%20the%20Day&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, federal election commission<http://electionlawblog.org/?cat=24>
“Before reforming the FEC look at Montana’s mess”<http://electionlawblog.org/?p=86125>
Posted on September 1, 2016 7:02 pm<http://electionlawblog.org/?p=86125> by Rick Hasen<http://electionlawblog.org/?author=3>
Paul Jossey<http://thehill.com/blogs/pundits-blog/campaign/294034-before-reforming-the-fec-look-at-montanas-mess> for the Hill.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86125&title=%E2%80%9CBefore%20reforming%20the%20FEC%20look%20at%20Montana%E2%80%99s%20mess%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, federal election commission<http://electionlawblog.org/?cat=24>
“Broward prosecutors reviewing elections office posting results early”<http://electionlawblog.org/?p=86123>
Posted on September 1, 2016 3:14 pm<http://electionlawblog.org/?p=86123> by Rick Hasen<http://electionlawblog.org/?author=3>
As a follow up to an earlier story in which the FL SOS suggested criminal charges against an election administrator, this looks like<http://www.miamiherald.com/news/local/community/broward/article99026372.html> an error by an employee of a vendor.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86123&title=%E2%80%9CBroward%20prosecutors%20reviewing%20elections%20office%20posting%20results%20early%E2%80%9D&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>
Democrats Seek Emergency #SCOTUS Relief in Ohio “Golden Week” Case<http://electionlawblog.org/?p=86121>
Posted on September 1, 2016 2:43 pm<http://electionlawblog.org/?p=86121> by Rick Hasen<http://electionlawblog.org/?author=3>
As expected<http://electionlawblog.org/?p=86042>, Ohio Democrats have filed an emergency request for relief <https://t.co/lKaZDaplcT> in the Golden Week case.
I’ve predicted <http://electionlawblog.org/?p=85930> the stay will be denied. I’m guessing there will be at most 2 noted dissents (Sotomayor and Ginsburg).
But I thought the NC order <http://electionlawblog.org/?p=86071> would be 8-0 or 6-2 <http://electionlawblog.org/?p=85866> and it was 4-4, so we’ll see.
If I’m wrong and the Court grants the stay Marc Elias will never let me hear the end of it (and rightfully so).
I’ve discussed my skepticism of the merits of the litigation here.<http://electionlawblog.org/?p=85729>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86121&title=Democrats%20Seek%20Emergency%20%23SCOTUS%20Relief%20in%20Ohio%20%E2%80%9CGolden%20Week%E2%80%9D%20Case&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, Supreme Court<http://electionlawblog.org/?cat=29>, The Voting Wars<http://electionlawblog.org/?cat=60>
Why Did Paul Clement Craft His NC Voting Brief as If Scalia Was Still Alive? A Theory<http://electionlawblog.org/?p=86119>
Posted on September 1, 2016 12:46 pm<http://electionlawblog.org/?p=86119> by Rick Hasen<http://electionlawblog.org/?author=3>
I had been puzzling over Paul Clement’s brief <https://t.co/M4Mhvnrd64> in the North Carolina voting case. (And I wasn’t<https://thinkprogress.org/nc-is-bad-at-this-2d4760054684#.u8u0u2hsk> the<https://twitter.com/cristianafarias/status/765310585672175616>only one<http://electionlawblog.org/?p=85368>.) Former Solicitor General Clement is one of the ablest Supreme Court lawyers around, and yet the brief was written as if there were still a five Justice conservative majority on the Court. One of his main pitches in the brief was that the 4th Circuit’s decision striking down key parts of North Carolina’s strict voting law was in tension with the Supreme Court’s 2008 decision in the Crawford case upholding Indiana’s voter id law, and that if allowed to stand, the 4th Circuit opinion would eviscerate the Court’s 2013 decision in Shelby County, striking a key part of the Voting Rights Act.
How could this be calculated to gain a fifth vote on a 4-4 SCOTUS with four liberal Justices? Indeed, my UCI Law colleague Leah Litman playfully edited Clement’s brief<https://twitter.com/LeahLitman/status/765322666781790209> to make the point that liberals on the Court would be delighted if the 4th Circuit found a way to undermine Crawford and reverse the effects of Shelby County.
Surely Clement knows this, and a better pitch in the brief would have been to argue solely that 4th Circuit ruling came too close to the election, violating the Purcell principle. So what gives?
Here’s my new working theory: Clement knew NC were going to lose because (1) there was no way to get one of the liberal Justices to defect and (2) because they state waited so long to file and its best argument was one not on the merits but on delay. So he pitched their brief to the conservatives (saying that the 4th Circuit opinion was eviscerating Shelby County) so that they could paint the loss as caused by the “liberal Justices” on the Supreme Court. That’s exactly how McCrory pitched it<https://www.buzzfeed.com/chrisgeidner/supreme-court-denies-north-carolina-request-to-enforce-votin?utm_term=.iyBEgbKJB2#.hnZJPbnL5R> in his statement when the stay was denied: “Even without any support from our state’s attorney general, we were pleased that four justices, including Chief Justice John Roberts, agreed with this right while four liberal justices blocked North Carolina protections afforded by our sensible voter laws.”
The broader question of how one writes a brief (emergency or otherwise) to capture 5 Justices on an ideological, evenly divided brief remains a great one to consider.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86119&title=Why%20Did%20Paul%20Clement%20Craft%20His%20NC%20Voting%20Brief%20as%20If%20Scalia%20Was%20Still%20Alive%3F%20A%20Theory&description=>
Posted in Supreme Court<http://electionlawblog.org/?cat=29>
“Only 73 Kansans affected by court rulings cast ballots in August”<http://electionlawblog.org/?p=86117>
Posted on September 1, 2016 11:49 am<http://electionlawblog.org/?p=86117> by Rick Hasen<http://electionlawblog.org/?author=3>
Bryan Lowry<http://www.kansas.com/news/politics-government/election/article99271492.html> for the Wichita Eagle.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86117&title=%E2%80%9COnly%2073%20Kansans%20affected%20by%20court%20rulings%20cast%20ballots%20in%20August%E2%80%9D&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>
“Schimel Switches Strategy on John Doe”<http://electionlawblog.org/?p=86115>
Posted on September 1, 2016 11:41 am<http://electionlawblog.org/?p=86115> by Rick Hasen<http://electionlawblog.org/?author=3>
Bruce Thompson<http://urbanmilwaukee.com/2016/08/31/court-watch-schimel-switches-strategy-on-john-doe/> writes.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86115&title=%E2%80%9CSchimel%20Switches%20Strategy%20on%20John%20Doe%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, Supreme Court<http://electionlawblog.org/?cat=29>
“Analysis: Voting Rights Hang in the Balance This November”<http://electionlawblog.org/?p=86113>
Posted on September 1, 2016 11:30 am<http://electionlawblog.org/?p=86113> by Rick Hasen<http://electionlawblog.org/?author=3>
Zack Roth<http://www.nbcnews.com/politics/supreme-court/analysis-voting-rights-hang-balance-november-n641496> for NBC News.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86113&title=%E2%80%9CAnalysis%3A%20Voting%20Rights%20Hang%20in%20the%20Balance%20This%20November%E2%80%9D&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, Supreme Court<http://electionlawblog.org/?cat=29>, The Voting Wars<http://electionlawblog.org/?cat=60>, Voting Rights Act<http://electionlawblog.org/?cat=15>
“The State Of America’s Voting Rights, In One Map”<http://electionlawblog.org/?p=86111>
Posted on September 1, 2016 11:23 am<http://electionlawblog.org/?p=86111> by Rick Hasen<http://electionlawblog.org/?author=3>
Ian Milhiser<https://thinkprogress.org/the-state-of-americas-voting-rights-in-one-map-663bc79741cd#.ilt6npaj5> for Think Progress.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86111&title=%E2%80%9CThe%20State%20Of%20America%E2%80%99s%20Voting%20Rights%2C%20In%20One%20Map%E2%80%9D&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>
“LDF and Civil Rights Groups Urge Court to Find Cranston, Rhode Island Prison-based Gerrymandering Scheme Unconstitutional”<http://electionlawblog.org/?p=86109>
Posted on September 1, 2016 11:21 am<http://electionlawblog.org/?p=86109> by Rick Hasen<http://electionlawblog.org/?author=3>
Release:<http://www.naacpldf.org/press-release/ldf-and-civil-rights-groups-urge-court-find-cranston-rhode-island-prison-based-gerryma>
In a friend of the court brief<http://www.naacpldf.org/document/ldf-and-civil-rights-groups-amicus-brief-davidson-v-cranston>, the NAACP Legal Defense and Educational Fund, Inc. (LDF) urged the United States Court of Appeals for the First Circuit to uphold a key lower court decision that ruled that Cranston, Rhode Island’s prison-based gerrymandering redistricting scheme is unconstitutional. LDF is joined on the brief by LatinoJustice PRLDEF (LJP), Direct Action for Rights (DARE), and Equality and Voice of the Ex-Offender (VOTE). The law firm of O’Melveny Myers served as counsel to these groups.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86109&title=%E2%80%9CLDF%20and%20Civil%20Rights%20Groups%20Urge%20Court%20to%20Find%20Cranston%2C%20Rhode%20Island%20Prison-based%20Gerrymandering%20Scheme%20Unconstitutional%E2%80%9D&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>
Divided 6th Circuit En Banc Refuses to Take Up Michigan Straight-Ticket Voting Case<http://electionlawblog.org/?p=86107>
Posted on September 1, 2016 11:17 am<http://electionlawblog.org/?p=86107> by Rick Hasen<http://electionlawblog.org/?author=3>
Earlier,<http://electionlawblog.org/?p=85466> I reported that a Sixth Circuit panel refused to stay a trial court order stopping Michigan from getting rid of straight-ticket (party lever) voting, on grounds that doing so would be a Voting Rights Act violation.
Today,<https://www.scribd.com/document/322753160/6th-Mich-en-Banc-Stay-denial> the Sixth Circuit, on a divided vote, refused to take the issue up now, which has the effect of leaving the stay in place and making it very hard (as Judge Boggs explains in his dissent) to get the issue before the Supreme Court.
The upshot: there will almost certainly be a straight ticket voting option in Michigan in November.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86107&title=Divided%206th%20Circuit%20En%20Banc%20Refuses%20to%20Take%20Up%20Michigan%20Straight-Ticket%20Voting%20Case&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>
Trump Volunteers Must Agree Not to Disparage Trump, His Products, or His Family–Forever<http://electionlawblog.org/?p=86105>
Posted on September 1, 2016 9:04 am<http://electionlawblog.org/?p=86105> by Rick Hasen<http://electionlawblog.org/?author=3>
Wow:<http://www.cincinnati.com/story/news/politics/elections/2016/08/31/volunteer-dial-trump-first-sign--non-disclosure-form/89673064/>
Online volunteers seeking to help Donald Trump by making phone calls might be signing up<https://talk.donaldjtrump.com/User/Registration> for more than they bargained for.
To sign up on Trump’s website, potential volunteers must agree to a 2,271-word non-disclosure agreement<https://talk.donaldjtrump.com/User/NonDisclosureAgreement> in which they also promise they won’t compete against or say anything bad about Trump, his company, his family members or products – now and forever.
The agreement is a required part of the sign-up process for Trump Red Dialer, an online call system that connects volunteers for the Republican presidential candidate with potential voters.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86105&title=Trump%20Volunteers%20Must%20Agree%20Not%20to%20Disparage%20Trump%2C%20His%20Products%2C%20or%20His%20Family%E2%80%93Forever&description=>
Posted in campaigns<http://electionlawblog.org/?cat=59>
“A Democratic Senate Might Need to Curtail Filibuster, Harry Reid Says”<http://electionlawblog.org/?p=86103>
Posted on September 1, 2016 9:03 am<http://electionlawblog.org/?p=86103> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT:<http://www.nytimes.com/2016/09/01/us/politics/a-democratic-senate-might-need-to-curtail-filibuster-harry-reid-says.html?_r=1>
Senator Harry Reid<http://topics.nytimes.com/top/reference/timestopics/people/r/harry_reid/index.html?inline=nyt-per> says Democrats should move to curtail the filibuster<http://topics.nytimes.com/top/reference/timestopics/subjects/f/filibusters_and_debate_curbs/index.html?inline=nyt-classifier> if they win the White House and Senate in November only to run up against persistent use of the tactic by Republicans.
“Unless after this election there is a dramatic change to go back to the way it used to be, the Senate will have to evolve as it has in the past,” Mr. Reid told me, referring to a former tradition of rarely mounting filibusters. “But it will evolve with a majority vote determining stuff. It is going to happen.”
He has condemned Republican reliance on the filibuster to impede President Obama. Mr. Reid’s frustration ultimately led Senate Democrats in 2013 to weaken the minority party’s ability to block most executive branch nominations<http://www.nytimes.com/2013/11/22/us/politics/reid-sets-in-motion-steps-to-limit-use-of-filibuster.html>. But he won’t be in office to challenge the filibuster. He isretiring<http://www.nytimes.com/video/us/politics/100000003597319/harry-reids-retirement-message-.html>.
However, he is the first to publicly express what other lawmakers and aides have talked about more quietly: the possibility that Democrats will take drastic action if they are triumphant at the polls only to be blocked by the gridlock that has plagued Washington in a new Clinton administration….
Supreme Court nominations present their own challenges. Some Democrats in the Senate, particularly women, have been very reluctant to lose the ability to use the filibuster to block a nominee seen as a major threat to abortion rights. That was one reason nominations to the court were not included in the 2013 changes. But should Republicans decide to block a Supreme Court nominee early in a Clinton administration after refusing this year to take up the nomination of Merrick B. Garland, Democrats could be spurred to take extraordinary action.
Mr. Reid said he hoped things didn’t reach that point and encouraged Republicans, should Democrats prevail, to be more open to a working partnership.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86103&title=%E2%80%9CA%20Democratic%20Senate%20Might%20Need%20to%20Curtail%20Filibuster%2C%20Harry%20Reid%20Says%E2%80%9D&description=>
Posted in legislation and legislatures<http://electionlawblog.org/?cat=27>
Hmmm, Vote Purge Suit in Texas Focuses on Hispanic Counties, Not Entire State<http://electionlawblog.org/?p=86100>
Posted on September 1, 2016 8:48 am<http://electionlawblog.org/?p=86100> by Rick Hasen<http://electionlawblog.org/?author=3>
This is interesting<http://www.themonitor.com/news/local/texas-ag-s-office-questions-state-s-authority-in-maintaining/article_5aff8e92-6e60-11e6-840b-175431c89cea.html>:
However, U.S. District Judge Ricardo Hinojosa appeared confused as to why the attorney general’s office had gotten involved and said it was the Texas Secretary of State that should be held responsible….
The National Voter Registration Act, as a federal statute, Hinojosa said, was meant to ensure states adhere to a certain standard.
He also pointed out that the NVRA states that when there is a violation, the statewide representative should be notified.
ACRU attorney Christopher Coates said that the secretary of state’s office was given a copy of the notification letter that was sent to Starr County, but Hinojosa didn’t believe that enough….
However, Coates repeatedly argued the responsibility lies with individual counties and holding one state responsible would make the other states fall in line.
Starr County is the third county that the ACRU has sued in Texas and Coates said there may be 20 more that may be in violation.
The suit, filed in March against Starr County Elections Administrator Rafael Montalvo, accuses the county of violating Section 8 of the National Voting Rights Act for allegedly having more registered voters than eligible voters in the county.
Hinojosa questioned whether census data could be relied upon and also why they appeared to focus on counties with high Hispanic populations.
Coates insisted their focus was not on Hispanic populations but rather on those they believe to have over 100 percent voter registration.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86100&title=Hmmm%2C%20Vote%20Purge%20Suit%20in%20Texas%20Focuses%20on%20Hispanic%20Counties%2C%20Not%20Entire%20State&description=>
Posted in NVRA (motor voter)<http://electionlawblog.org/?cat=33>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter registration<http://electionlawblog.org/?cat=37>
“Vigilant companies can avert Watergate scandal replay”<http://electionlawblog.org/?p=86098>
Posted on September 1, 2016 8:21 am<http://electionlawblog.org/?p=86098> by Rick Hasen<http://electionlawblog.org/?author=3>
Karl Sandstrom and Bruce Freed<http://thehill.com/blogs/congress-blog/campaign/293901-vigilant-companies-can-avert-watergate-scandal-replay> in The Hill.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86098&title=%E2%80%9CVigilant%20companies%20can%20avert%20Watergate%20scandal%20replay%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, Uncategorized<http://electionlawblog.org/?cat=1>
Guy Charles on the NC Voting Decision<http://electionlawblog.org/?p=86096>
Posted on September 1, 2016 8:18 am<http://electionlawblog.org/?p=86096> by Rick Hasen<http://electionlawblog.org/?author=3>
Guy<http://coloreddemos.blogspot.com/2016/08/the-supreme-court-has-denied-stay.html> at Colored Demos:
Second, the fact that the conservative justices would have granted the stay (Justice Thomas in toto, the others everything but the preregistration), tells us a lot about the strength of the application for stay by petitioners (and the strength of the ideological divide on these issues). The application for stay was very strong and obviously attractive to the conservative Justices, presumably the applicant’s primary target. The application was addressed to the soft spot in the lower court opinion, including the Fourth Circuit’s understanding of intentional discrimination and the manner in which the Fourth Circuit’s analysis limited the Supreme Court’s decision in Shelby County.
Query whether this is the right way to craft a petition when you need to count to 5.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86096&title=Guy%20Charles%20on%20the%20NC%20Voting%20Decision&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, Supreme Court<http://electionlawblog.org/?cat=29>, The Voting Wars<http://electionlawblog.org/?cat=60>
“How Trump charms wealthy donors in private — by seeking their advice”<http://electionlawblog.org/?p=86092>
Posted on September 1, 2016 8:15 am<http://electionlawblog.org/?p=86092> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo<https://www.washingtonpost.com/politics/how-trump-charms-wealthy-donors-in-private--by-seeking-their-advicebehind-the-scenes-a-soft-spoken-trump-turns-to-contributors-as-his-kitchen-cabinet/2016/08/31/a0be76ce-6ef0-11e6-8365-b19e428a975e_story.html?postshare=1361472732448723&tid=ss_tw>:
The episodes illustrate how Trump, who has a tiny circle of intimates, is turning to the wealthy business leaders he encounters on the fundraising circuit to serve as an ad hoc kitchen cabinet. He appointed many of his biggest financial backers to his economic advisory council, including Wisconsin billionaire Diane Hendricks, investor Tom Barrack and oil executive Harold Hamm. And there are already signs of how Trump is incorporating ideas from donors into his campaign.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D86092&title=%E2%80%9CHow%20Trump%20charms%20wealthy%20donors%20in%20private%20%E2%80%94%20by%20seeking%20their%20advice%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>
--
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/>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20160902/8a757200/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 2021 bytes
Desc: image001.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20160902/8a757200/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 1883 bytes
Desc: image002.jpg
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20160902/8a757200/attachment.jpg>
View list directory