[EL] ELB News and Commentary 1/5/17

Thu Jan 5 08:19:49 PST 2017

“The Parliamentary Tactic That Could Obliterate Obamacare”<http://electionlawblog.org/?p=90293>
Posted on January 5, 2017 8:16 am<http://electionlawblog.org/?p=90293> by Rick Hasen<http://electionlawblog.org/?author=3>
Robert Pear <http://www.nytimes.com/2017/01/04/us/politics/the-parliamentary-trick-that-could-obliterate-obamacare.html?ref=politics&_r=0> for the NYT.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90293&title=%E2%80%9CThe%20Parliamentary%20Tactic%20That%20Could%20Obliterate%20Obamacare%E2%80%9D>
Posted in legislation and legislatures<http://electionlawblog.org/?cat=27>

Justice Alito Denies Emergency SCOTUS Motion from MN Faithless Elector<http://electionlawblog.org/?p=90291>
Posted on January 5, 2017 8:12 am<http://electionlawblog.org/?p=90291> by Rick Hasen<http://electionlawblog.org/?author=3>
Chris Geidner.<https://twitter.com/chrisgeidner/status/817016811032080384>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90291&title=Justice%20Alito%20Denies%20Emergency%20SCOTUS%20Motion%20from%20MN%20Faithless%20Elector>
Posted in electoral college<http://electionlawblog.org/?cat=44>

Stern on Tillman on Whether Presidents are Bound by the Emoluments Clause<http://electionlawblog.org/?p=90289>
Posted on January 5, 2017 8:05 am<http://electionlawblog.org/?p=90289> by Rick Hasen<http://electionlawblog.org/?author=3>
Here.<http://www.slate.com/articles/news_and_politics/jurisprudence/2017/01/donald_trump_appears_determined_to_violate_the_constitution_on_day_one.html>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90289&title=Stern%20on%20Tillman%20on%20Whether%20Presidents%20are%20Bound%20by%20the%20Emoluments%20Clause>
Posted in conflict of interest laws<http://electionlawblog.org/?cat=20>

“Voter ID Laws Are So Last (Election) Season”<http://electionlawblog.org/?p=90287>
Posted on January 5, 2017 8:01 am<http://electionlawblog.org/?p=90287> by Rick Hasen<http://electionlawblog.org/?author=3>
Bloomberg BNA:<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=102908078&vname=mpebulallissues&jd=a0k6t7m8g1&split=0>
Elections have consequences, and frequently they’re changes in election law.
New state legislatures often “rethink” election laws once in office, Edward B. Foley<http://moritzlaw.osu.edu/faculty/professor/edward-b-foley/>, director of Election Law at the Ohio State University Moritz College of Law, Columbus, Ohio, told Bloomberg BNA.
There’s no reason to think that won’t happen this time around, as Republicans solidified their hold on a majority of state houses, Foley said.
But with new legislation inevitably comes new litigation. The “voting wars will continue,” he said.
There may, however, be a new front in the war: voter rolls.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90287&title=%E2%80%9CVoter%20ID%20Laws%20Are%20So%20Last%20(Election)%20Season%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Gov. John Kasich to include congressional redistricting reform in budget”<http://electionlawblog.org/?p=90285>
Posted on January 5, 2017 7:53 am<http://electionlawblog.org/?p=90285> by Rick Hasen<http://electionlawblog.org/?author=3>
Cleveland.com reports.<http://www.cleveland.com/politics/index.ssf/2017/01/ohio_congressional_redistricti.html>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90285&title=%E2%80%9CGov.%20John%20Kasich%20to%20include%20congressional%20redistricting%20reform%20in%20budget%E2%80%9D>
Posted in redistricting<http://electionlawblog.org/?cat=6>

“GOP aims to rein in liberal cities”<http://electionlawblog.org/?p=90283>
Posted on January 5, 2017 7:50 am<http://electionlawblog.org/?p=90283> by Rick Hasen<http://electionlawblog.org/?author=3>
Reid Wilson <http://thehill.com/homenews/campaign/312766-gop-aims-to-rein-in-liberal-cities> for The Hill:
After consolidating power in Washington, D.C., and state capitals under President-elect Donald Trump<http://thehill.com/people/donald-trump>, Republicans are moving to prevent large cities dominated by Democrats from enacting sweeping liberal agendas.
Republican state legislatures are planning so-called preemption laws, which prevent cities and counties from passing new measures governing everything from taxes to environmental regulations and social issues.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90283&title=%E2%80%9CGOP%20aims%20to%20rein%20in%20liberal%20cities%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Congressman spent campaign funds for rabbit air travel”<http://electionlawblog.org/?p=90281>
Posted on January 5, 2017 7:48 am<http://electionlawblog.org/?p=90281> by Rick Hasen<http://electionlawblog.org/?author=3>
Not the Onion:<http://www.sandiegouniontribune.com/news/watchdog/sd-me-hunter-rabbits-20170103-story.html>
Rep. Duncan Hunter<http://www.sandiegouniontribune.com/topic/politics-government/government/duncan-hunter-PEPLT003112-topic.html> used campaign funds to pay for $600 of airline fees to fly a pet rabbit, one of the more colorful expenses to surface in an ongoing review of his practices.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90281&title=%E2%80%9CCongressman%20spent%20campaign%20funds%20for%20rabbit%20air%20travel%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, chicanery<http://electionlawblog.org/?cat=12>

“The FBI Never Asked For Access To Hacked Computer Servers”<http://electionlawblog.org/?p=90279>
Posted on January 5, 2017 7:46 am<http://electionlawblog.org/?p=90279> by Rick Hasen<http://electionlawblog.org/?author=3>
BuzzFeed:<https://www.buzzfeed.com/alimwatkins/the-fbi-never-asked-for-access-to-hacked-computer-servers?utm_term=.sykqEmr2g#.xl0V32ypY>
The FBI did not examine the servers of the Democratic National Committee before issuing a report attributing the sweeping cyberintrusion to Russia-backed hackers, BuzzFeed News has learned.
Six months after the FBI first said it was investigating the hack of the Democratic National Committee’s computer network, the bureau has still not requested access to the hacked servers, a DNC spokesman said. No US government entity has run an independent forensic analysis on the system, one US intelligence official told BuzzFeed News…
“CrowdStrike is pretty good. There’s no reason to believe that anything that they have concluded is not accurate,” the intelligence official said, adding they were confident Russia was behind the widespread hacks.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90279&title=%E2%80%9CThe%20FBI%20Never%20Asked%20For%20Access%20To%20Hacked%20Computer%20Servers%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

“The Bad Research Behind the Bogus Claim That North Carolina Is No Longer a Democracy”<http://electionlawblog.org/?p=90277>
Posted on January 4, 2017 7:56 pm<http://electionlawblog.org/?p=90277> by Rick Hasen<http://electionlawblog.org/?author=3>
Andrew Gelman<http://www.slate.com/articles/news_and_politics/politics/2017/01/the_bogus_claim_that_north_carolina_is_no_longer_a_democracy.html> for Slate.
Pippa Norris<http://andrewgelman.com/2017/01/02/constructing-expert-indices-measuring-electoral-integrity-reply-pippa-norris/> of the EIP responds.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90277&title=%E2%80%9CThe%20Bad%20Research%20Behind%20the%20Bogus%20Claim%20That%20North%20Carolina%20Is%20No%20Longer%20a%20Democracy%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>

“U.S. obtained evidence after election that Russia leaked emails: officials”<http://electionlawblog.org/?p=90274>
Posted on January 4, 2017 7:51 pm<http://electionlawblog.org/?p=90274> by Rick Hasen<http://electionlawblog.org/?author=3>
Reuters reports.<http://www.reuters.com/article/us-usa-russia-cyber-idUSKBN14P04P>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90274&title=%E2%80%9CU.S.%20obtained%20evidence%20after%20election%20that%20Russia%20leaked%20emails%3A%20officials%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

“Sessions ‘not a racist,’ says son of black couple once prosecuted for voter fraud”<http://electionlawblog.org/?p=90272>
Posted on January 4, 2017 7:49 pm<http://electionlawblog.org/?p=90272> by Rick Hasen<http://electionlawblog.org/?author=3>
AL.com:<http://www.al.com/news/index.ssf/2017/01/jeff_sessions_not_a_racist_son.html>
Perry County Commissioner Albert Turner Jr., whose parents were unsuccessfully prosecuted for voter fraud by then-U.S. Attorney Jeff Sessions in the 1985, endorsed Alabama’s junior senator Wednesday for U.S. attorney general.
The Perry County voter fraud case against Albert Turner Sr., and his wife, Evelyn Turner, set off allegations that Sessions’ unfairly treated black defendants in such cases while turning a blind eye to voter fraud perpetrated by whites. The Turners were acquitted.
The older Turner, who was an aide to Martin Luther King Jr. and died in 2000, told NBC News at the time that he thought “the case was political.”
“I actually don’t think Jeff Sessions ever came in with an ounce of evidence,” he said.
Evelyn Turner told USA Today<http://www.usatoday.com/story/news/politics/2017/01/04/ala-family-divided-sessions-ag-nomination/96154582/> on Wednesday that her son did not speak for the family and that she did not agree with his endorsement of Sessions.
“That is not going to change as long as I’m black, I don’t think a change is in the cards,” she said, adding that Sessions “shouldn’t be named to catch dogs.”
The younger Turner’s views are at odds with his father.
“I have known Sen. Sessions for many years, beginning with the voter fraud case in Perry County in which my parents were defendants.  My differences in policy and ideology with him do not translate to personal malice. He is not a racist,” the Perry County commissioner said in a statement. “As I have said before, at no time then or now has Jeff Sessions said anything derogatory about my family. He was a prosecutor at the Federal level with a job to do.  He was presented with evidence by a local District Attorney that he relied on, and his office presented the case.  That’s what a prosecutor does.  I believe him when he says that he was simply doing his job.”
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90272&title=%E2%80%9CSessions%20%E2%80%98not%20a%20racist%2C%E2%80%99%20says%20son%20of%20black%20couple%20once%20prosecuted%20for%20voter%20fraud%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Read the Briefs in the NC Case Involving Legislature Changing Board of Elections<http://electionlawblog.org/?p=90270>
Posted on January 4, 2017 7:42 pm<http://electionlawblog.org/?p=90270> by Rick Hasen<http://electionlawblog.org/?author=3>
Here .<https://www.dropbox.com/sh/gq0vmy80hbgjkaq/AAAiv4whFlXSIZeMs5aVxZwza?dl=0>
(via Josh Lawson<https://twitter.com/josh_lawson/status/816851346066407425>)
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90270&title=Read%20the%20Briefs%20in%20the%20NC%20Case%20Involving%20Legislature%20Changing%20Board%20of%20Elections>
Posted in election administration<http://electionlawblog.org/?cat=18>

Strict Voter ID, Voting Rollbacks May Be Coming to Iowa<http://electionlawblog.org/?p=90268>
Posted on January 4, 2017 5:25 pm<http://electionlawblog.org/?p=90268> by Rick Hasen<http://electionlawblog.org/?author=3>
And that <https://twitter.com/desmoinesdem/status/816811626208829443> means a lawsuit too, no doubt.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90268&title=Strict%20Voter%20ID%2C%20Voting%20Rollbacks%20May%20Be%20Coming%20to%20Iowa>
Posted in election administration<http://electionlawblog.org/?cat=18>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>

Draft 2 of CA Political Reform Act Revisions Here<http://electionlawblog.org/?p=90266>
Posted on January 4, 2017 5:20 pm<http://electionlawblog.org/?p=90266> by Rick Hasen<http://electionlawblog.org/?author=3>
Next stage<http://www.fppc.ca.gov/the-law/21st-century-PRA.html> of neat project to make the PRA actually readable and understandable for non-lawyers.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90266&title=Draft%202%20of%20CA%20Political%20Reform%20Act%20Revisions%20Here>
Posted in campaign finance<http://electionlawblog.org/?cat=10>

7th Cir. Panel (Including Trump-Shortlister J. Sykes) Upholds Indiana Robocall Ban Against 1st Amendment Challenge<http://electionlawblog.org/?p=90264>
Posted on January 4, 2017 12:19 pm<http://electionlawblog.org/?p=90264> by Rick Hasen<http://electionlawblog.org/?author=3>
Short and sweet <http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2017/D01-03/C:16-2059:J:Easterbrook:aut:T:fnOp:N:1888754:S:0> (not “otiose”) opinion.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90264&title=7th%20Cir.%20Panel%20(Including%20Trump-Shortlister%20J.%20Sykes)%20Upholds%20Indiana%20Robocall%20Ban%20Against%201st%20Amendment%20Challenge>
Posted in campaigns<http://electionlawblog.org/?cat=59>

“Mix of Democrats and Republican judges to hear challenges to NC special session laws”<http://electionlawblog.org/?p=90262>
Posted on January 4, 2017 11:45 am<http://electionlawblog.org/?p=90262> by Rick Hasen<http://electionlawblog.org/?author=3>
News and Observer<http://www.newsobserver.com/news/politics-government/politics-columns-blogs/under-the-dome/article124502699.html>:
The case challenging the law that would do away with the state Board of Elections as it stands today and merge it with the state Ethics Commission was assigned to the following panel:
Jesse Caldwell, a Democrat and Gaston County judge who has been on the bench since 1993.
Logan Todd Burke, a Forsyth County judge and a Democrat who first was appointed to the bench in 1994 by then Gov. James B. Hunt.
Jeff Foster, a Republican from Pitt County who was appointed to the bench by McCrory last year almost nine months before being elected to a full eight-year term.
Both panels are scheduled to hold hearings this week in cases that could test the laws adopted by the legislature in one of their special sessions last month.
The three-judge panels will preside over the cases because the challenges, in part, include constitutional questions.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90262&title=%E2%80%9CMix%20of%20Democrats%20and%20Republican%20judges%20to%20hear%20challenges%20to%20NC%20special%20session%20laws%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>

“Challenges to Candidates: Residency and Timing”<http://electionlawblog.org/?p=90260>
Posted on January 4, 2017 8:44 am<http://electionlawblog.org/?p=90260> by Rick Hasen<http://electionlawblog.org/?author=3>
Goldfeder and Perez <http://colreaction.stroock.com/Reaction/RSProcess.asp?RSID=RaOdVhk17Qtxeqfq1-2m7A&RSTYPE=OPENATTACH> NYLJ column.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90260&title=%E2%80%9CChallenges%20to%20Candidates%3A%20Residency%20and%20Timing%E2%80%9D>
Posted in Uncategorized<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
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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