[EL] ELB News and Commentary 6/28/17

[Rick Hasen]

“The Supreme Court is in no hurry to protect voters from gerrymandering”<http://electionlawblog.org/?p=93414>
Posted on June 28, 2017 8:14 am<http://electionlawblog.org/?p=93414> by Rick Hasen<http://electionlawblog.org/?author=3>
I have written this piece<https://www.washingtonpost.com/news/posteverything/wp/2017/06/28/the-supreme-court-is-in-no-hurry-to-protect-voters-from-gerrymandering/?utm_term=.c40673b1a40c> for the Washington Post’s PostEverything. It begins:
When it comes to assuring fair elections, the Supreme Court has a new message: Voters can wait.
Its recently completed term featured two key redistricting votes in which the court turned away temporary relief for voters as the court considered each case — not because these voters would eventually lose, but because the justices refused to put voters’ interests first. And these rulings build upon the court’s troubling “Purcell principle,” the idea that courts should not make changes to voting rules close to the election, even if those changes are necessary to protect voting rights.
Last December, North Carolina appealed<https://www.supremecourt.gov/search.aspx?filename=/docketfiles/16-649.htm> to the Supreme Court a three-judge court decision holding that the drawing of certain state legislative districts were unconstitutional racial gerrymanders. The lower court also ordered that the state conduct special elections this year to cure the defect. North Carolina appealed that order, too<https://www.supremecourt.gov/search.aspx?filename=/docketfiles/16-1023.htm>, and it asked the Supreme Court to put the special elections on hold pending a decision on its underlying appeal….
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Posted in redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>


Washington Times Story Reveals Details About Kobach’s Plan for “Election Integrity” Commission<http://electionlawblog.org/?p=93412>
Posted on June 28, 2017 8:06 am<http://electionlawblog.org/?p=93412> by Rick Hasen<http://electionlawblog.org/?author=3>
Among the nuggets<http://www.washingtontimes.com/news/2017/jun/27/voter-fraud-and-suppression-commission-to-meet-in-/?utm_source=RSS_Feedutm_medium=RSS> in here:

  *   commission to meet first in July in DC
  *   delay in naming commissioners supposedly because of background checks
  *   Obama won’t be called to testify because he has “no information or expertise on voter fraud”
  *   Lawyers’ Committee is a “left wing organization”
  *   Staff for commission will be drawn from the Executive Office of the President (sounds super nonpartisan)
  *   “One part of the commission’s work will be to compare the federal government’s database of noncitizens — green card holders, temporary visa holders and illegal immigrants who’ve been arrested, for example — and check them against state voter registration rolls.”
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Posted in chicanery<http://electionlawblog.org/?cat=12>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>


“Russian Intrusion and Partisan Pressures: Aspects of Election Administration Reform After 2016”<http://electionlawblog.org/?p=93410>
Posted on June 28, 2017 7:43 am<http://electionlawblog.org/?p=93410> by Rick Hasen<http://electionlawblog.org/?author=3>
Key Bauer post:<http://www.moresoftmoneyhardlaw.com/2017/06/russian-intrusion-partisan-pressures-aspects-election-administration-reform-2016/>
What can be done about this?
At a minimum, the election administration community should perform an “after action” audit of the 2016 episode and examine how the federal and state government performed in emergency conditions and how this collaboration can be improved. Senior officials have concluded that the Russians will keep up their nasty work: this is not the last of the elections they will hope to influence or disrupt. The Putin regime’s own “after action” report would have to take cheerful note of the conflict that immediately arose between the federal and state government over how to respond.
Any such “after action” deliberation should be public, perhaps in multiple venues, which is the best way to assure accountability. The Presidential Commission on Election Administration’s overall experience with the election administration community suggests that its experienced, professional leadership, in both parties, would look closely and responsibly at this problem. Peer pressure can help to discourage or limit the spread of irresponsible behavior like Secretary Kemp’s.
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Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>


“Maine Senate votes to scrap ranked-choice election system”<http://electionlawblog.org/?p=93408>
Posted on June 27, 2017 8:25 pm<http://electionlawblog.org/?p=93408> by Rick Hasen<http://electionlawblog.org/?author=3>
BDN Maine:<http://bangordailynews.com/2017/06/27/politics/maine-senate-votes-to-scrap-ranked-choice-election-system/>
The Maine Senate Tuesday took the first step in scuttling a voter-approved state election overhaul before it’s implemented.
The Senate voted 21-13 to repeal the ranked choice voting law that allows voters to rank candidates in order of preference.
The repeal movement follows a Maine Supreme Judicial Court opinion that a key part of the law is likely unconstitutional. While lawmakers are also considering a constitutional amendment, it has yet to achieve the two-thirds support necessary to go to voters for final ratification.
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Posted in alternative voting systems<http://electionlawblog.org/?cat=63>
Judge (and Stanford Prof.) McConnell: Justice Gorsuch More Conservative Than Expected<http://electionlawblog.org/?p=93406>
Posted on June 27, 2017 5:48 pm<http://electionlawblog.org/?p=93406> by Rick Hasen<http://electionlawblog.org/?author=3>
This<https://www.bloomberg.com/news/articles/2017-06-27/gorsuch-joins-thomas-as-supreme-court-s-new-conservative-anchor> from Greg Stohr was very interesting:
Michael W. McConnell, a professor at Stanford Law School and former judge who sat on the Denver-based appeals court with Gorsuch, said it’s too early to draw firm conclusions. But so far, the new justice has been “at least somewhat more conservative than I was expecting,” McConnell said.
“The pattern is a bit surprising,” McConnell said. When each individual decision is examined, “I’m not sure that they are particularly skewed to the right, but the pattern is.”
Greg will be one of the panelist at UCI Law’s SCOTUS term in review<http://www.law.uci.edu/events/supreme-court-term-review/2017.html> July 10 (which will be webcast).
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Posted in Supreme Court<http://electionlawblog.org/?cat=29>


Why Would Republican House Majority Leader Complain About Delay in Swearing in New Democratic CA Representative?<http://electionlawblog.org/?p=93404>
Posted on June 27, 2017 4:00 pm<http://electionlawblog.org/?p=93404> by Rick Hasen<http://electionlawblog.org/?author=3>
LAT:<http://www.latimes.com/politics/essential/la-pol-ca-essential-politics-updates-majority-leader-mccarthy-questions-why-1498598237-htmlstory.html>
Gomez, a current Democratic state assemblyman, told The Times after the election he would try to delay his Assembly resignation to vote <http://www.latimes.com/politics/la-pol-ca-jimmy-gomez-congress-20170608-story.html> on extending the state’s cap-and-trade program, which requires companies to buy permits to release greenhouse gas.
Negotiations on cap and trade are escalating in Sacramento<http://www.latimes.com/politics/la-pol-sac-california-climate-talks-20170623-story.html>, and there are rumblings that Brown would like to be able to count on Gomez’ vote to pass the bill with a two-thirds majority before the Legislature leaves on July 21, something McCarthy took issue with in a letter to Gomez,<http://documents.latimes.com/kevin-mccarthy-letter/> House Minority Leader Nancy Pelosi (D-San Francisco) and California Secretary of State Alex Padilla.
“If this delay persists due to his prioritization of state legislative matters, Congressman-elect Gomez should be honest with the constituents of California’s 34th congressional district who he was elected to serve and resign from his newly-elected seat so they can elect someone ready to serve on Day One,” McCarthy wrote.
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Posted in campaigns<http://electionlawblog.org/?cat=59>


“Making U.S. Elections More Secure Wouldn’t Cost Much But No One Wants To Pay”<http://electionlawblog.org/?p=93402>
Posted on June 27, 2017 2:51 pm<http://electionlawblog.org/?p=93402> by Rick Hasen<http://electionlawblog.org/?author=3>
Important Pam Fessler.<http://www.npr.org/2017/06/27/534597226/making-u-s-elections-more-secure-wouldnt-cost-much-but-no-one-wants-to-pay?utm_source=twitter.com&utm_campaign=politics&utm_medium=social&utm_term=nprnews>
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Posted in election administration<http://electionlawblog.org/?cat=18>, voting technology<http://electionlawblog.org/?cat=40>


“Let’s change how we elect the House of Representatives”<http://electionlawblog.org/?p=93400>
Posted on June 27, 2017 2:06 pm<http://electionlawblog.org/?p=93400> by Rick Hasen<http://electionlawblog.org/?author=3>
Rep. Don Beyer WaPo oped:<https://www.washingtonpost.com/opinions/lets-change-how-we-elect-the-house-of-representatives/2017/06/27/92f28570-5ab9-11e7-a9f6-7c3296387341_story.html?tid=ss_tw&utm_term=.2a36f3115efe#comment>
Democracy is in crisis. Even as the country is deeply divided along class and ideological lines, it seems to be unified in its frustration with our current brand of politics.
Polls show that less than 20 percent<https://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html> of the country approves of the way Congress is doing its job. The time has come to consider a transformative idea that reflects the American electorate’s desire for moderation and fairness and that encourages the reemergence of bridge builders and candidates with an eye for compromise. That idea involves changing the way we elect members of the House of Representatives.
This week I introduced the Fair Representation Act<https://beyer.house.gov/news/documentsingle.aspx?DocumentID=616>, which would make two fundamental changes in how voters elect their representative in the U.S. House . First, it would allow voters to rank the candidates in order of preference, rather than simply voting for their top choice. Some version of this system is already used in many municipalities, and six states have adopted some kind<http://www.pressherald.com/2017/06/27/maine-senate-votes-to-repeal-states-new-ranked-choice-voting-law/> of ranked-choice voting<http://www.ncsl.org/research/elections-and-campaigns/states-and-election-reform-the-canvass-march-2017.aspx#RCV> for congressional elections. If your first-choice candidate does not win, your second or third choice may. This spurs candidates to work to appeal to a broader swath of voters, which would calm polarization in many parts of the country.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


NC: “Judicial maps won’t be redrawn this session”<http://electionlawblog.org/?p=93398>
Posted on June 27, 2017 2:02 pm<http://electionlawblog.org/?p=93398> by Rick Hasen<http://electionlawblog.org/?author=3>
News & Observer:<http://www.newsobserver.com/news/politics-government/state-politics/article158476209.html>
The bill to redraw judicial districts in North Carolina will not advance this session, the legislation’s sponsor said Tuesday.
Rep. Justin Burr, a Republican from Albemarle, told The News & Observer that House Bill 717 <http://ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2017&BillID=h717&submitButton=Go> will be taken up when the General Assembly returns in a few months. That is when a special redistricting session could occur.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“California’s Low Voter Turnout Driven by Demographics”<http://electionlawblog.org/?p=93396>
Posted on June 27, 2017 11:10 am<http://electionlawblog.org/?p=93396> by Rick Hasen<http://electionlawblog.org/?author=3>
Release:<http://www.ppic.org/main/pressrelease.asp?p=2308>
California’s low voter turnout has two elements: a decline in the voter registration rate relative to other states and a decline in turnout in midterm elections. Each has a different origin in the state’s demographics, according to a report released today<http://www.ppic.org/content/pubs/report/r_0617emr.pdf> by the Public Policy Institute of California (PPIC).

  *   Registration rates. California’s Latino and Asian American communities have become eligible to vote at faster rates than their counterparts in other states. At the same time, Latinos and Asian Americans register at lower rates than members of other groups, leading to an overall decline in California’s registration rate compared with states where eligible voting populations are not changing as quickly. The registration problem is especially pronounced among Latinos and Asian Americans more closely connected to the immigrant experience, that is, naturalized citizens and children born in the United States to immigrant parents.
  *   Turnout. The drop in midterm turnout is largely about age. Young people have been voting at slightly higher rates in presidential elections but at much lower rates in midterms than voters of the same age did two decades ago. The state’s expanding Latino and Asian American populations do not play a role in declining turnout. Once registered, these groups have voted at consistent rates over time.
Despite increases in California’s registration rate and turnout in the 2016 presidential election, broader voting trends have been disappointing, with record low turnout in the 2014 primary and general elections. A PPIC report in 2016 showed that the state’s registration rate has been falling compared with other states. The report also found that turnout among those who are registered has been falling in midterm elections while remaining largely flat in presidential elections.
PPIC’s new report, California’s Missing Voters: Who Is Not Voting and Why, identifies possible causes of these trends in electoral participation. It is based on an analysis of the effects of a wide range of factors, including ethnicity, age, and voter registration history.
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Posted in voting<http://electionlawblog.org/?cat=31>



--
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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