[EL] ELB News and Commentary 5/16/17

Fri Jun 16 08:57:48 PDT 2017

Here is the link to Eliza Newlin Carney’s article, missing below:

http://prospect.org/article/collecting-campaign-cash-homeless

From: <law-election-bounces at department-lists.uci.edu> on behalf of Rick Hasen <rhasen at law.uci.edu>
Date: Friday, June 16, 2017 at 8:47 AM
To: Election Law Listserv <law-election at uci.edu>
Subject: [EL] ELB News and Commentary 5/16/17

NC Gov. Cooper Seeks Immediate Stay from NC Appeals Court of Legislation Changing NC Elections Board<http://electionlawblog.org/?p=93181>
Posted on June 16, 2017 8:45 am<http://electionlawblog.org/?p=93181> by Rick Hasen<http://electionlawblog.org/?author=3>
Motion.<https://www.ncappellatecourts.org/show-file.php?document_id=207967>
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D93181&title=NC%20Gov.%20Cooper%20Seeks%20Immediate%20Stay%20from%20NC%20Appeals%20Court%20of%20Legislation%20Changing%20NC%20Elections%20Board>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“More states are registering voters automatically. Here’s how that affects voting.”<http://electionlawblog.org/?p=93178>
Posted on June 16, 2017 8:30 am<http://electionlawblog.org/?p=93178> by Rick Hasen<http://electionlawblog.org/?author=3>
Robert Griffin and Paul Gronke<https://www.washingtonpost.com/news/monkey-cage/wp/2017/06/16/more-states-are-registering-voters-automatically-heres-how-that-affects-voting/?utm_term=.313dc25aef48> for The Monkey Cage.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D93178&title=%E2%80%9CMore%20states%20are%20registering%20voters%20automatically.%20Here%E2%80%99s%20how%20that%20affects%20voting.%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>

TX: “Confusion over voter ID laws hindered voters, new report says”<http://electionlawblog.org/?p=93176>
Posted on June 16, 2017 8:24 am<http://electionlawblog.org/?p=93176> by Rick Hasen<http://electionlawblog.org/?author=3>
Houston Chronicle:<http://www.chron.com/news/politics/texas/article/Confusion-over-voter-ID-laws-hindered-voters-new-11223116.php?platform=hootsuite>
Hundreds were delayed from voting and others nearly turned away entirely during the presidential election because of confusion over the status Texas voter ID laws, a new report from a voting rights advocacy group shows.
It’s just one of numerous problems Texas voters — particularly minority groups — faced during the 2016 election cycle, the report from the Texas Civil Rights Project detailed on Thursday.
“Unfortunately, throughout the state, voters faced numerous obstacles that complicated the process,” said Beth Stevens<http://www.chron.com/search/?action=search&channel=news%2Fpolitics%2Ftexas&inlineLink=1&searchindex=solr&query=%22Beth+Stevens%22>, voting rights director at the Texas Civil Rights Project which put out the report on Thursday. “Through our Election Protection Coalition<http://www.chron.com/search/?action=search&channel=news%2Fpolitics%2Ftexas&inlineLink=1&searchindex=solr&query=%22Election+Protection+Coalition%22>, we heard directly from thousands of voters about the barriers they faced in our electoral system.”
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D93176&title=TX%3A%20%E2%80%9CConfusion%20over%20voter%20ID%20laws%20hindered%20voters%2C%20new%20report%20says%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>

“Collecting Campaign Cash from the Homeless”<http://electionlawblog.org/?p=93174>
Posted on June 16, 2017 8:18 am<http://electionlawblog.org/?p=93174> by Rick Hasen<http://electionlawblog.org/?author=3>
Eliza Newlin Carney on Seattle’s experiment with campaign finance vouchers.
Longtime ELB readers know I’ve been touting vouchers for a LOOOOOOOOOOOOOOOOOOOOONG time.<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1961263>
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D93174&title=%E2%80%9CCollecting%20Campaign%20Cash%20from%20the%20Homeless%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>

“Center for Public Integrity sues Federal Election Commission”<http://electionlawblog.org/?p=93172>
Posted on June 16, 2017 8:13 am<http://electionlawblog.org/?p=93172> by Rick Hasen<http://electionlawblog.org/?author=3>
CPI:<https://www.publicintegrity.org/2017/06/16/20925/center-public-integrity-sues-federal-election-commission>
On Feb. 6, Center for Public Integrity senior political reporter Dave Levinthal<https://www.publicintegrity.org/authors/dave-levinthal> filed a FOIA request seeking any email exchanges between a White House and FEC official.
On May 8, the FEC informed Levinthal that it had located responsive documents — all originating from the White House’s Office of Management and Budget — but that it would not release them. Instead, the agency said it was referring the matter to OMB.
Several messages left by Levinthal with OMB about the FOIA request went unreturned until June 2, when OMB wrote in an unsigned email: “We have no record of receiving the Agency consultation from FEC.” OMB did not respond to follow-up questions.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D93172&title=%E2%80%9CCenter%20for%20Public%20Integrity%20sues%20Federal%20Election%20Commission%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, federal election commission<http://electionlawblog.org/?cat=24>

“Secrecy Surrounding Senate Health Bill Raises Alarms in Both Parties”<http://electionlawblog.org/?p=93170>
Posted on June 15, 2017 6:36 pm<http://electionlawblog.org/?p=93170> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT:<https://www.nytimes.com/2017/06/15/us/politics/secrecy-surrounding-senate-health-bill-raises-alarms-in-both-parties.html?_r=0>
As they draft legislation to repeal the Affordable Care Act, Senate Republican leaders are aiming to transform large sections of the American health care system without a single hearing on their bill and without a formal, open drafting session.
That has created an air of distrust and concern — on and off Capitol Hill, with Democrats but also with Republicans.
“I’ve said from Day 1, and I’ll say it again,” said Senator Bob Corker, Republican of Tennessee. “The process is better if you do it in public, and that people get buy-in along the way and understand what’s going on. Obviously, that’s not the route that is being taken.”
The secrecy surrounding the Senate measure to repeal and replace the Affordable Care Act appears to be remarkable — at least for a health care measure this consequential. In 1993, President Bill Clinton empowered the first lady, Hillary Clinton, to assemble health care legislation in private, with input from a group of more than 500 experts.
That approach won scathing reviews from Republican lawmakers and others shut out of the deliberations. But it took place at the White House, not in Congress. Once the Clintons’ health plan reached Capitol Hill, it died in the public spotlight.
Republican leaders this week defended their actions.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D93170&title=%E2%80%9CSecrecy%20Surrounding%20Senate%20Health%20Bill%20Raises%20Alarms%20in%20Both%20Parties%E2%80%9D>
Posted in legislation and legislatures<http://electionlawblog.org/?cat=27>

NY: “City Bar’s Support of Constitutional Convention Is Flawed”<http://electionlawblog.org/?p=93168>
Posted on June 15, 2017 6:10 pm<http://electionlawblog.org/?p=93168> by Rick Hasen<http://electionlawblog.org/?author=3>
Jerry Goldfeder<http://www.stroock.com/siteFiles/Publications/CityBarConstitutionConventionFlawed.pdf> for the NYLJ.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D93168&title=NY%3A%20%E2%80%9CCity%20Bar%E2%80%99s%20Support%20of%20Constitutional%20Convention%20Is%20Flawed%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“CLC Lawsuit Demands DOJ Provide Documents Relating to Private Prison Company GEO and Trump Super PAC”<http://electionlawblog.org/?p=93166>
Posted on June 15, 2017 6:08 pm<http://electionlawblog.org/?p=93166> by Rick Hasen<http://electionlawblog.org/?author=3>
Release:<http://www.campaignlegalcenter.org/news/press-releases/clc-lawsuit-demands-doj-provide-documents-relating-private-prison-company-geo>
Today, Campaign Legal Center (CLC) filed a lawsuit<http://www.campaignlegalcenter.org/document/clc-v-department-justice-us-district-court-district-columbia-complaint-injunctive-relief> demanding that the Department of Justice (DOJ) turn over documents relating to the private prison company GEO Group and a super PAC that spent hundreds of thousands of dollars to influence the 2016 presidential election.
In 2016, GEO illegally contributed $225,000 to the pro-Trump super PAC Rebuilding America Now. After President Trump was elected, his DOJ reversed the prior administration’s plans to phase out private prisons.
CLC has a pending complaint<http://www.campaignlegalcenter.org/document/complaint-trump-super-pac-accepted-100k-private-prison-company-violation-federal-contractor> before the Federal Election Commission (FEC) alleging that GEO’s $225,000 contribution to Rebuilding America Now violated the prohibition on government contractors making political contributions, a 75-year-old law designed to prevent pay-to-play in the contracting process.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D93166&title=%E2%80%9CCLC%20Lawsuit%20Demands%20DOJ%20Provide%20Documents%20Relating%20to%20Private%20Prison%20Company%20GEO%20and%20Trump%20Super%20PAC%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>

NC: “Judges hand Cooper a setback in struggle with legislature over elections”<http://electionlawblog.org/?p=93164>
Posted on June 15, 2017 6:01 pm<http://electionlawblog.org/?p=93164> by Rick Hasen<http://electionlawblog.org/?author=3>
News and Observer:<http://www.newsobserver.com/news/politics-government/politics-columns-blogs/under-the-dome/article156357269.html>
Judges have rejected Gov. Roy Cooper’s attempts to block a change in the partisan control of elections boards while his appeal on an earlier decision awaits consideration in court.
The decision, released Thursday, is the latest in an ongoing power struggle between the Democrat in the executive branch and the Republicans at the helm of the General Assembly.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D93164&title=NC%3A%20%E2%80%9CJudges%20hand%20Cooper%20a%20setback%20in%20struggle%20with%20legislature%20over%20elections%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>

SCOTUS Denial of Motion in Covington Case Reduces Chance of 2017 Special Elections for NC General Assembly<http://electionlawblog.org/?p=93161>
Posted on June 15, 2017 5:56 pm<http://electionlawblog.org/?p=93161> by Rick Hasen<http://electionlawblog.org/?author=3>
This afternoon without comment the Supreme Court denied a motion<https://www.supremecourt.gov/orders/courtorders/061517zr1_o7jp.pdf> to have the mandate of the Covington case issued immediately. What this means in non-technical terms is that the challengers wanted the case immediately returned to the three-judge court to consider, under the Supreme Court’s new standards<http://electionlawblog.org/?p=92936> for judging the propriety of ordering special elections, whether to hold a special election this year for challenged NCGA districts. Had the Supreme Court granted the motion, it would have deprived the state of a chance to seek Supreme Court rehearing.
Now Supreme Court rehearing is almost never granted, and there is no reason to believe it would be granted in this case. But I take this as a signal that enough Justices on the Court see no urgent need for a special election in 2017, and this timing makes it exceedingly unlikely there could be a special election in November 2017.
The lower court could still consider something for December 2017 or early 2018, But that would be inconvenient, and it would be within a year of the 2018 elections. Under the Supreme Court’s new special standards, that seems unlikely too.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D93161&title=SCOTUS%20Denial%20of%20Motion%20in%20Covington%20Case%20Reduces%20Chance%20of%202017%20Special%20Elections%20for%20NC%20General%20Assembly>
Posted in redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>

New Lawsuit in PA State Court Challenges PA Congressional Districts as Partisan Gerrymanders under PA Constitution<http://electionlawblog.org/?p=93159>
Posted on June 15, 2017 8:49 am<http://electionlawblog.org/?p=93159> by Rick Hasen<http://electionlawblog.org/?author=3>
Read the compliant,<http://www.pubintlaw.org/wp-content/uploads/2017/06/Petition-for-Review.pdf> backed by Arnold & Porter.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D93159&title=New%20Lawsuit%20in%20PA%20State%20Court%20Challenges%20PA%20Congressional%20Districts%20as%20Partisan%20Gerrymanders%20under%20PA%20Constitution>
Posted in redistricting<http://electionlawblog.org/?cat=6>

--
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
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rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
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http://electionlawblog.org<http://electionlawblog.org/>
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