[EL] Question about whether absolute majority is required in Alabama Dec 12 special election

[David A. Holtzman]

Let's stay clear about absolute majority (majority of those eligible to 
vote) vs. simple majority (majority of those voting).
-- 



On November 16, 2017 08:43:11 Rob Richie <rr at fairvote.org> wrote:

> Several southern states have majority requirements in primaries, but only
> Georgia and Louisiana (the latter having no primaries at all) has a
> majority requirement in general elections for U.S. Senate.
>
> Rob Richie
>
> On Thu, Nov 16, 2017 at 1:22 PM, John Koza <john at johnkoza.com> wrote:
>
>> As we all know, an absolute majority was required to win the nomination in
>> the special primary for the vacant Alabama Senate seat.  Moore won the
>> special primary run-off.  Is an absolute majority or plurality required to
>> win the Alabama Dec 12 special election?
>>
>>
>>
>> Dr. John R. Koza
>>
>> Box 1441
>>
>> Los Altos Hills, California 94023 USA
>>
>> Phone: 650-941-0336 <(650)%20941-0336>
>>
>> Fax: 650-941-9430 <(650)%20941-9430>
>>
>> Email: john at johnkoza.com
>>
>> URL: www.johnkoza.com
>>
>> URL: www.NationalPopularVote.com <http://www.nationalpopularvote.com/>
>>
>>
>>
>> *From:* Law-election [mailto:law-election-bounces at department-lists.uci.edu]
>> *On Behalf Of *Rick Hasen
>> *Sent:* Wednesday, November 15, 2017 8:13 PM
>> *To:* Election Law Listserv <law-election at uci.edu>
>> *Subject:* [EL] ELB News and Commentary 11/16/17
>>
>>
>>
>> *The Latest Ploy GOP Considers to Avoid a Roy Moore Senate Problem Likely
>> Violates the 17th Amendment <http://electionlawblog.org/?p=96022>*
>>
>> Posted on November 15, 2017 7:15 pm <http://electionlawblog.org/?p=96022>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> I spent a good part of my Saturday afternoon tweeting and blogging in
>> conversations with Hugh Hewitt about ways Republicans could deal with the
>> Roy Moore mess.
>>
>> At first Hewitt suggested cancelling the election altogether, and letting
>> Strange just complete the term. I protested that cancelling an election
>> already underway (military and other absentee  voter have already voted) is 
>> profoundly
>> undemocratic and dangerous <http://electionlawblog.org/?p=95953>. It also 
>> appears
>> to violate the 17th Amendmen <http://electionlawblog.org/?p=95961>t,
>> which requires that an appointment of a temporary Senator be temporary, and
>> that the state schedule a replacement vote.
>>
>> Eventually Hewitt relented on this point (not because he thought it was
>> undemocratic—indeed he seemed to believe Republicans are somehow entitled
>> to Alabama’s two Senate seats without an election), but because he thought
>> it would violate the 17th Amendment.
>>
>> So he hit on another idea, and according to Politico it is an idea
>> Republican leaders nationally are now weighing
>> <https://www.politico.com/story/2017/11/15/roy-moore-republicans-alabama-senate-244961>:
>> get Luther Strange, the temporary Senator appointed to replace Jeff
>> Sessions, to resign, and then with the new vacancy, declare this election
>> void and start over.
>>
>> I’ll talk about the political implications in a bit, but first the
>> constitutional issue.  Here’s what the 17th Amendment says
>> <https://www.law.cornell.edu/constitution/amendmentxvii>, in pertinent
>> part:
>>
>> *When vacancies happen in the representation of any State in the Senate,
>> the executive authority of such State shall issue writs of election to fill
>> such vacancies: Provided, That the legislature of any State may empower the
>> executive thereof to make temporary appointments until the people fill the
>> vacancies by election as the legislature may direct.*
>>
>> When Jeff Sessions resigned, that created a vacancy. Alabama law allowed
>> the governor to fill that vacancy and to set the date for a special
>> election. The governor (actually the predecessor) appointed Luther Strange
>> and purported to set the date of the replacement election. (There’s some
>> controvers
>> <http://excessofdemocracy.com/blog/2017/11/sorting-out-the-alabama-senate-election-could-the-governor-reschedule-the-special-election>y
>> about whether he had the authority to do this). The new governor reset (or
>> properly set) the replacement election. We’ve had the primary, and now we
>> are in the general election.
>>
>> The governor was mandated to issue a writ of election. Because the writ of
>> election has been already issued to fill a vacancy, the election goes
>> forward under the language of the 17th Amendment. Temporary vacancies
>> filled by the governor don’t change that. That’s a separate part of the
>> 17th amendment and separate from the duty to issue the writ of election
>> when there is the vacancy of an elected Senator.
>>
>> Imagine if a temporary Senator appointed until an election died in office,
>> after an election had been called. Under the 17th Amendment, we would not
>> cancel the election already being held under the 17th Amendment requirement
>> for a new election. We would just keep going. It’s the same thing for a
>> voluntary resignation by the temporary Senator.
>>
>> I’ve seen no authority to the contrary that a temporary Senator’s leaving
>> office (for whatever reason) moots an election already in progress.
>>
>> Now onto the political issues:
>>
>>    1. If this gambit actually worked, and survived court challenge, Moore
>>    could run again and still win.
>>    2. Why would Luther Strange put himself through this again?
>>    3. Jeff Sessions wants no part of this.
>>
>> Given the legal and political difficulties, the national Republicans have
>> only a few choices. They can run a write-in election, maybe with Strange,
>> against the wishes of the state party.  Moore could still win that, but
>> more likely Republicans split the vote and the Democrat Jones wins.
>>
>> Or Moore could win the election, and Republicans could try to expel him.
>> There’s a Senate norm, apparently, of not expelling for conduct before
>> taking office that voters knew about. Do Senators violate this norm?  It
>> takes 2/3 to expel.  What if Democrats, either following this norm or
>> sticking it to Republicans, don’t vote to expel?  Then Moore is a constant
>> national story, and a reminder of What the Republicans are trying to avoid.
>>
>> Or Moore could go on to lose, giving Jones the seat and moving the Senate
>> majority to one seat.
>>
>> No wonder Republicans are contemplating a constitutional Hail Mary.
>>
>> [This post has been updated.]
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D96022&title=The%20Latest%20Ploy%20GOP%20Considers%20to%20Avoid%20a%20Roy%20Moore%20Senate%20Problem%20Likely%20Violates%20the%2017th%20Amendment>
>>
>> Posted in Uncategorized <http://electionlawblog.org/?cat=1>
>>
>>
>>
>>
>>
>> *““Why Should I Go Vote Without Understanding What I Am Going to Vote
>> For?” The Impact of First Generation Voting Barriers on Alaska Natives”
>> <http://electionlawblog.org/?p=96020>*
>>
>> Posted on November 15, 2017 3:34 pm <http://electionlawblog.org/?p=96020>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> James Tucker, Natalie Landreth, and Erin Lynch have written this article
>> <http://repository.law.umich.edu/mjrl/vol22/iss2/5/> for the *Michigan
>> Journal of Race and Law*. Here is the abstract:
>>
>> *This article explores the many forms of discrimination that have
>> persisted in Alaska, the resulting first generation voting barriers faced
>> by Alaska Native voters, and the two contested lawsuits it took to attain a
>> measure of equality for those voters in four regions of Alaska: Nick v.
>> Bethel and Toyukak v. Treadwell. In the end, the court’s decision
>> in Toyukak came down to a comparison of just two pieces of evidence: (1)
>> the Official Election Pamphlet that English-speaking voters received that
>> was often more than 100 pages long; and (2) the single sheet of paper that
>> Alaska Native language speakers received, containing only the date, time,
>> and location of the election, along with a notice that they could request
>> language assistance. Those two pieces of evidence, when set side by side,
>> showed the fundamental unequal access to the ballot. The lessons learned
>> from Nick and Toyukak detailed below are similarly simple: (1) first
>> generation voting barriers still exist in the United States; and (2)
>> Section 203 of the VRA does not permit American Indian and Alaska Native
>> language speaking voters to receive less information than their
>> English-speaking counterparts. The voters in these cases had been entitled
>> to equality for 40 years, but they had to fight for nearly a decade in two
>> federal court cases to get it.*
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D96020&title=%E2%80%9C%E2%80%9CWhy%20Should%20I%20Go%20Vote%20Without%20Understanding%20What%20I%20Am%20Going%20to%20Vote%20For%3F%E2%80%9D%20The%20Impact%20of%20First%20Generation%20Voting%20Barriers%20on%20Al>
>>
>> Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>
>>
>>
>>
>>
>>
>> *Control of Virginia House of Delegates May Depend Upon Administrative
>> Error in Having Voters Vote in Wrong Race
>> <http://electionlawblog.org/?p=96018>*
>>
>> Posted on November 15, 2017 3:28 pm <http://electionlawblog.org/?p=96018>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Oh boy
>> <https://wtop.com/virginia/2017/11/as-va-heads-recounts-dems-ask-hundreds-wrong-ballots-fredericksburg/> 
>> if
>> this pans out:
>>
>> *In Fredericksburg, Elias said those results appear to show about 668
>> votes at precincts that Virginia’s redistricting statutes say are in
>> outgoing House Speaker Bill Howell’s 28th District that instead were cast
>> in Republican Del. Mark Cole’s re-election victory in the 88th District.*
>>
>> *Elias, as the lawyer for the House Democratic Caucus, asked the state
>> board of elections in a letter to “take all steps necessary to resolve
>> these discrepancies.”*
>>
>> *Asked what those steps would be, Elias said Democrats are first waiting
>> to confirm that some voters were given the wrong ballots at Fredericksburg
>> precincts 201 and 402.*
>>
>> *However, the letter to the board asks that the results in House District
>> 28 not be certified as scheduled Monday among other changes. Following a
>> strictly party-line basis, if the number of votes for Democrat Steve Aycock
>> had instead been cast for Joshua Cole and the Republican votes for 88th
>> District incumbent Mark Cole had instead been cast for Bob Thomas, Joshua
>> Cole would be leading in the 28th District.*
>>
>> *While Elias said Democrats learned of the potentially incorrect precinct
>> splits only since Election Day, state board of elections records show the
>> same precincts were also split between the 28th and 88th districts in each
>> election since new maps were drawn in 2011.*
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D96018&title=Control%20of%20Virginia%20House%20of%20Delegates%20May%20Depend%20Upon%20Administrative%20Error%20in%20Having%20Voters%20Vote%20in%20Wrong%20Race>
>>
>> Posted in election administration <http://electionlawblog.org/?cat=18>
>>
>>
>>
>>
>>
>> *“After Months Of Silence, A Blip Of Activity From Trump’s Voter Fraud
>> Panel” <http://electionlawblog.org/?p=96016>*
>>
>> Posted on November 15, 2017 3:20 pm <http://electionlawblog.org/?p=96016>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Sam Levine for HuffPost:
>> <https://www.huffingtonpost.com/entry/trump-voter-fraud-probe-panel_us_5a0c6472e4b0bc648a0f5286>
>>
>> *After over two months of silence
>> <https://www.huffingtonpost.com/entry/trump-voter-fraud-probe-alan-king_us_59ef8424e4b0b7e632655fb5>,
>> there was a blip of activity from President Donald Trump’s
>> <http://www.huffingtonpost.com/topic/donald-trump>voter fraud
>> <https://www.huffingtonpost.com/topic/voter-fraud> commission this week
>> when a commissioner sent an email requesting information on voter fraud
>> prosecutions by the Department of Justice
>> <https://www.huffingtonpost.com/topic/us-department-of-justice> and
>> suggested the agency was not pursuing those types of cases vigorously
>> enough.*
>>
>> *J. Christian Adams, a commissioner and former DOJ official, sent an email
>> to Andrew Kossack, a federal official charged with the panel’s
>> administration, and copied all of the other commissioners Monday. He asked
>> that Kossack request an annual public report from DOJ on election crimes as
>> well as voter fraud cases the department has pursued over the last decade.*
>>
>> *“As far as I can tell, there has not been a single prosecution whatsoever
>> for any double voting or any non-citizen voting. I know with certainty that
>> multiple instances of double voting and alien voting have been brought to
>> the attention of the appropriate federal officials, and no action has been
>> taken. Of course when you don’t prosecute crimes, you tend to have more
>> crimes,” Adams wrote.*
>>
>> *The email is significant because it is the only recent sign of action
>> from the commission, according to Maine Secretary of State Matthew Dunlap
>> (D), who forwarded the message to HuffPost; it also reveals one avenue of
>> inquiry the panel may pursue. Even the panel’s own commissioners have
>> said they have no idea
>> <https://www.huffingtonpost.com/entry/trump-voter-fraud-probe-alan-king_us_59ef8424e4b0b7e632655fb5> 
>> what
>> it is working on or what it will eventually recommend to Trump. Several
>> studies and investigations have shown voter fraud is not a widespread issue
>> <https://www.brennancenter.org/analysis/debunking-voter-fraud-myth>.*
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D96016&title=%E2%80%9CAfter%20Months%20Of%20Silence%2C%20A%20Blip%20Of%20Activity%20From%20Trump%E2%80%99s%20Voter%20Fraud%20Panel%E2%80%9D>
>>
>> Posted in election administration <http://electionlawblog.org/?cat=18>, 
>> fraudulent
>> fraud squad <http://electionlawblog.org/?cat=8>
>>
>>
>>
>>
>>
>> *“Disabled voters’ ballots tossed because they didn’t write their names”
>> <http://electionlawblog.org/?p=96014>*
>>
>> Posted on November 15, 2017 11:06 am <http://electionlawblog.org/?p=96014>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Wichita Eagle
>> <http://www.kansas.com/news/politics-government/election/article184447018.html>
>> :
>>
>> *The ballots of 23 Sedgwick County voters were tossed out Monday under a
>> state law that requires disabled voters to sign their own mail-in ballot
>> envelopes.*
>>
>> *County commissioners, acting as the canvassing board for last week’s
>> election, reluctantly signed off on the decision to toss out the ballots.
>> They said they think the law is wrong, but they had no choice.*
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D96014&title=%E2%80%9CDisabled%20voters%E2%80%99%20ballots%20tossed%20because%20they%20didn%E2%80%99t%20write%20their%20names%E2%80%9D>
>>
>> Posted in voters with disabilities <http://electionlawblog.org/?cat=71>
>>
>>
>>
>>
>>
>> *“Not Delivered Or Just Not Picked Up? Late Stafford, VA Ballots Roil
>> Tight Race” <http://electionlawblog.org/?p=96012>*
>>
>> Posted on November 15, 2017 8:42 am <http://electionlawblog.org/?p=96012>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Doug Chapin:
>> <http://editions.lib.umn.edu/electionacademy/2017/11/15/not-delivered-or-just-not-picked-up-late-stafford-va-ballots-roil-tight-race/>
>>
>> *A tight House of Delegates race in Stafford County (Quantico), Virginia
>> is generating frustration and controversy after the county board of
>> elections voted to exclude 55 absentee ballots that arrived in the election
>> office on Wednesday morning after the 7pm Election Day deadline. The
>> problem is, it isn’t clear when the ballots arrived at the post office –
>> meaning that the delay could have been a failure of the county to pick up
>> timely ballots. …*
>>
>> *What’s unfortunate is that all of this controversy seems to have been
>> avoidable had the election office implemented the bar code tracking program
>> – which would have indicated that ballots were arriving on Election Night –
>> and made a final sweep of post offices late in the day to pick up
>> last-minute absentee ballots. Since they didn’t, now a close election
>> (which happens) has become a controversial one (which doesn’t have to
>> happen). Given that the race in question is one of three statewide that
>> could affect partisan control of the House chamber, you can bet it will get
>> full attention. There will almost certainly be more developments in this
>> case, which may or may not change the outcome – but you know that it will
>> create demands for explanations (and maybe change) at the Stafford County
>> elections office. Hang on – and stay tuned …*
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D96012&title=%E2%80%9CNot%20Delivered%20Or%20Just%20Not%20Picked%20Up%3F%20Late%20Stafford%2C%20VA%20Ballots%20Roil%20Tight%20Race%E2%80%9D>
>>
>> Posted in election administration <http://electionlawblog.org/?cat=18>
>>
>>
>>
>>
>>
>> *“Mueller puts spotlight on foreign lobbying”
>> <http://electionlawblog.org/?p=96010>*
>>
>> Posted on November 15, 2017 7:36 am <http://electionlawblog.org/?p=96010>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> The Hill reports.
>> <http://thehill.com/business-a-lobbying/business-a-lobbying/360391-mueller-puts-spotlight-on-foreign-lobbying>
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D96010&title=%E2%80%9CMueller%20puts%20spotlight%20on%20foreign%20lobbying%E2%80%9D>
>>
>> Posted in Uncategorized <http://electionlawblog.org/?cat=1>
>>
>>
>>
>>
>>
>> *Big Package of Money in Politics Stories from Center for Public Integrity
>> <http://electionlawblog.org/?p=96007>*
>>
>> Posted on November 15, 2017 7:35 am <http://electionlawblog.org/?p=96007>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>>
>>
>> Kochs key among small group quietly funding legal assault on campaign
>> finance regulation
>> <https://www.publicintegrity.org/2017/11/15/21279/kochs-key-among-small-group-quietly-funding-legal-assault-campaign-finance>
>>
>> How slamming campaign finance laws helped Greg Gianforte get elected
>> <https://www.publicintegrity.org/2017/11/15/21278/how-slamming-campaign-finance-laws-helped-greg-gianforte-get-elected>
>>
>> A modern history of campaign finance: from Watergate to ‘Citizens United’
>> <https://www.publicintegrity.org/2017/11/15/21255/modern-history-campaign-finance-watergate-citizens-united>
>>
>> The players who have shaped campaign finance over the decades
>> <https://www.publicintegrity.org/2017/11/15/21270/players-who-have-shaped-campaign-finance-over-decades>
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D96007&title=Big%20Package%20of%20Money%20in%20Politics%20Stories%20from%20Center%20for%20Public%20Integrity>
>>
>> Posted in campaign finance <http://electionlawblog.org/?cat=10>, campaigns
>> <http://electionlawblog.org/?cat=59>
>>
>>
>>
>>
>>
>> *Top Voting Rights Lawyer Anita Earls Announces Run for North Carolina
>> Supreme Court <http://electionlawblog.org/?p=96005>*
>>
>> Posted on November 15, 2017 7:23 am <http://electionlawblog.org/?p=96005>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Big news <https://twitter.com/mel_bough/status/930808871899336705> and a
>> race to watch.
>>
>> [image: hare]
>> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D96005&title=Top%20Voting%20Rights%20Lawyer%20Anita%20Earls%20Announces%20Run%20for%20North%20Carolina%20Supreme%20Court>
>>
>> Posted in judicial elections <http://electionlawblog.org/?cat=19>
>>
>>
>>
>>
>>
>>
>>
>> --
>>
>> 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 <(949)%20824-3072> - office
>>
>> rhasen at law.uci.edu
>>
>> http://www.law.uci.edu/faculty/full-time/hasen/
>>
>> http://electionlawblog.org
>>
>> _______________________________________________
>> Law-election mailing list
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>> https://department-lists.uci.edu/mailman/listinfo/law-election
>>
>
>
>
> --
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> Rob Richie
> Executive Director, FairVote
> 6930 Carroll Avenue, Suite 240
> Takoma Park, MD 20912
> rr at fairvote.org  (301) 270-4616  http://www.fairvote.org
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>
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