[EL] ELB News and Commentary 8/26/18

Sun Aug 26 21:08:30 PDT 2018

“Democrats Overhaul Controversial Superdelegate System”<https://electionlawblog.org/?p=100855>
Posted on August 26, 2018 9:05 pm<https://electionlawblog.org/?p=100855> by Rick Hasen<https://electionlawblog.org/?author=3>

NY Times:<https://www.nytimes.com/2018/08/25/us/politics/superdelegates-democrats-dnc.html?rref=collection%2Fsectioncollection%2Fpolitics&action=click&contentCollection=politics&region=stream&module=stream_unit&version=latest&contentPlacement=10&pgtype=sectionfront>

Democratic Party officials, after a yearslong battle between warring ideological wings, have agreed to sharply reduce the influence of the top political insiders known as superdelegates in the presidential nomination process.

Under the new plan, which was agreed to on Saturday afternoon in Chicago at the Democratic National Committee’s annual summer meetings, superdelegates retain their power to back any candidate regardless of how the public votes. They will now be largely barred, however, from participating in the first ballot of the presidential nominating process at the party’s convention — drastically diluting their power.

Superdelegates will be able to cast substantive votes only in extraordinary cases like contested conventions, in which the nomination process is extended through multiple ballots until one candidate prevails.
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Posted in political parties<https://electionlawblog.org/?cat=25>, primaries<https://electionlawblog.org/?cat=32>

“McCain’s Impact On Campaign Finance”<https://electionlawblog.org/?p=100853>
Posted on August 26, 2018 8:51 pm<https://electionlawblog.org/?p=100853> by Rick Hasen<https://electionlawblog.org/?author=3>

Peter Overby<https://www.npr.org/2018/08/26/642007967/mccains-impact-on-campaign-finance> for NPR.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>

Michigan: “Clement criticized for redistricting decision, still earns Supreme Court nomination”<https://electionlawblog.org/?p=100851>
Posted on August 26, 2018 8:46 pm<https://electionlawblog.org/?p=100851> by Rick Hasen<https://electionlawblog.org/?author=3>

M Live:<https://www.mlive.com/news/index.ssf/2018/08/supreme_court_voters_not_polit.html>

Supreme Court Justices Beth Clement and Kurtis Wilder were formally nominated by the Michigan Republican Party to run for reelection, despite organized opposition to Clement’s record on the state’s highest court.

Both Wilder and Clement were appointed by Gov. Rick Snyder last year, Wilder in May 2017 and Clement in November 2017, but have to run for election this year to serve a full term.

Wilder’s nomination for the position was uncontroversial, but some conservatives at the Michigan Republican Party state convention Saturday were not impressed by Clement’s vote in the recent redistricting case that came before the court.
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Posted in judicial elections<https://electionlawblog.org/?cat=19>, redistricting<https://electionlawblog.org/?cat=6>

“The Law of Democracy:” 2018 Supplement<https://electionlawblog.org/?p=100849>
Posted on August 26, 2018 12:31 pm<https://electionlawblog.org/?p=100849> by Richard Pildes<https://electionlawblog.org/?author=7>

In case any of you getting ready for teaching missed the Foundation Press notice that was distributed to all election-law academics a while back, the 2018 Supplement can be found here<https://faculty.westacademic.com/Book/Detail?id=18932> for our casebook, The Law of Democracy (Issacharoff, Karlan, Pildes, Persily). It’s actually remarkable to recognize in retrospect how much has occurred in election law in just the last year, in addition to the major Supreme Court decisions.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

John McCain, R.I.P.<https://electionlawblog.org/?p=100847>
Posted on August 26, 2018 10:02 am<https://electionlawblog.org/?p=100847> by Rick Hasen<https://electionlawblog.org/?author=3>

John McCain was an American hero who served his country with dignity and honor. While I often did not agree with his position on issues and many of his political views, he was a straight shooter and patriot who did what he thought was in the best interest of the country. He was an adult in the room when many others would not be, especially in the Trump era. In the field of election law, his work on the McCain-Feingold law was the last real bipartisan effort to deal with the problem of big money in politics. The Supreme Court is in the midst of dismantling his work in this area.

It is hard to see who has the courage in the Senate, and in the national Republican Party generally, to fill McCain’s shoes and stand up to President Trump’s attacks on the rule of law.

Condolences to his family. A great loss for the nation.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“What happens next to John McCain’s Senate seat”<https://electionlawblog.org/?p=100845>
Posted on August 26, 2018 9:58 am<https://electionlawblog.org/?p=100845> by Rick Hasen<https://electionlawblog.org/?author=3>

Politico:<https://www.politico.com/story/2018/08/25/john-mccain-senate-seat-arizona-what-happens-796163>

Sen. John McCain held his seat in the Senate for nearly 32 years. After McCain’s death Saturday, it will fall to Arizona Gov. Doug Ducey to name his successor.

State law gives Ducey, a Republican, the power to fill the Senate vacancy for the next two years, until a special election is held in 2020 to select a person to complete the final two years of McCain’s term. The seat will then be up again for a full six-year term in the 2022 election. Arizona law also stipulates that the appointee must be from McCain’s party.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“When California lawmakers removed write-in candidates from state and congressional ballots, it wasn’t by accident”<https://electionlawblog.org/?p=100843>
Posted on August 26, 2018 9:50 am<https://electionlawblog.org/?p=100843> by Rick Hasen<https://electionlawblog.org/?author=3>

John Myers<http://www.latimes.com/politics/la-pol-ca-road-map-write-in-candidates-california-november-election-20180823-story.html> for the LAT:

Two indisputable truths await the Southern California constituents of Rep. Duncan Hunter on election day in November: The indicted Republican lawmaker will remain on the ballot, and there won’t be any way for voters to write in the name of someone different.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Today’s Must-Read: “Trump’s War on the Justice System Threatens to Erode Trust in the Law”<https://electionlawblog.org/?p=100841>
Posted on August 26, 2018 9:41 am<https://electionlawblog.org/?p=100841> by Rick Hasen<https://electionlawblog.org/?author=3>

Aside from the potential of getting us into a war, this<https://www.nytimes.com/2018/08/25/us/politics/trump-justice-legal-system.html?rref=collection%2Fsectioncollection%2Fpolitics&action=click&contentCollection=politics&region=stream&module=stream_unit&version=latest&contentPlacement=7&pgtype=sectionfront> is the greatest danger of the Trump presidency: the attack on the rule of law.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

Alaska Supreme Court Throws Out Law Barring Democratic Party from Running Independent Candidates for Party Nomination<https://electionlawblog.org/?p=100839>
Posted on August 26, 2018 9:39 am<https://electionlawblog.org/?p=100839> by Rick Hasen<https://electionlawblog.org/?author=3>

You can find the opinion here<https://public.courts.alaska.gov/web/appellate/opinions/sp-7279.pdf>.
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Posted in political parties<https://electionlawblog.org/?cat=25>

“How online money is reshaping the Democratic Party”<https://electionlawblog.org/?p=100837>
Posted on August 24, 2018 5:12 pm<https://electionlawblog.org/?p=100837> by Rick Hasen<https://electionlawblog.org/?author=3>

 McClatchy reports.<https://www.sacbee.com/news/politics-government/article217164250.html>
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, campaigns<https://electionlawblog.org/?cat=59>

Florida: “Lack of campus early voting sites stuns League of Women Voters”<https://electionlawblog.org/?p=100835>
Posted on August 24, 2018 2:12 pm<https://electionlawblog.org/?p=100835> by Rick Hasen<https://electionlawblog.org/?author=3>

The Tampa Bay Times reports.<https://www.tampabay.com/florida-politics/buzz/2018/08/24/lack-of-campus-early-voting-sites-stuns-league-of-women-voters/>
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Posted in election administration<https://electionlawblog.org/?cat=18>

North Carolina–DOJ: “Nineteen Foreign Nationals Charged for Voting in 2016 Election”<https://electionlawblog.org/?p=100833>
Posted on August 24, 2018 12:17 pm<https://electionlawblog.org/?p=100833> by Rick Hasen<https://electionlawblog.org/?author=3>

Press release:<https://www.justice.gov/usao-ednc/pr/nineteen-foreign-nationals-charged-voting-2016-election>

Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina today announced that nineteen foreign nationals were charged with, among other crimes, voting by alien for their actions prior to and on November 8, 2016. A twentieth defendant was charged with aiding and abetting a fellow defendant in falsely claiming United States citizenship in order to register to vote.
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Posted in chicanery<https://electionlawblog.org/?cat=12>, election administration<https://electionlawblog.org/?cat=18>

“Trump, Cohen and campaign finance: Who’s right and what you need to know about elections, money”<https://electionlawblog.org/?p=100827>
Posted on August 24, 2018 8:34 am<https://electionlawblog.org/?p=100827> by Rick Hasen<https://electionlawblog.org/?author=3>

Fredreka Schouten<https://www.usatoday.com/story/news/politics/2018/08/23/trumps-claims-michael-cohen-guilty-pleas-and-obama-fact-checked/1072399002/> for USA Today.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, chicanery<https://electionlawblog.org/?cat=12>
Duncan Hunter Blames Wife for Campaign Finance Chicanery<https://electionlawblog.org/?p=100825>
Posted on August 24, 2018 8:29 am<https://electionlawblog.org/?p=100825> by Rick Hasen<https://electionlawblog.org/?author=3>

Real stand up guy.<https://www.cnn.com/2018/08/23/politics/duncan-hunter-wife-margaret-campaign-finances/index.html>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Elections board takes less than a minute to reject proposal to close 7 of 9 polling places in majority-black county”<https://electionlawblog.org/?p=100823>
Posted on August 24, 2018 8:27 am<https://electionlawblog.org/?p=100823> by Rick Hasen<https://electionlawblog.org/?author=3>

CNN:<https://www.cnn.com/2018/08/24/us/randolph-county-polling-closures-vote/index.html>

In a meeting that lasted less than 60 seconds, a Georgia board of elections voted down a plan Friday to close seven of a majority-black county’s nine polling places ahead of November’s midterm elections.
Critics had said the plan to consolidate polling places in Randolph County, Georgia, was a brazen attempt to suppress the black vote in Georgia’s governor race, which pits former Georgia House minority leader Stacey Abrams, who is black, against Georgia Secretary of State Brian Kemp, who is white.
The vote came amid widespread national criticism and days after the county terminated its contract with Mike Malone, the consultant who made the recommendation. Malone had argued that closing the polling stations would save the county money, and that some of the sites suggested for closure did not comply with the Americans with Disabilities Act.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>

“Ohio Supreme Court throws out Melanie Leneghan’s lawsuit challenging Troy Balderson’s 12th District victory”<https://electionlawblog.org/?p=100821>
Posted on August 24, 2018 8:25 am<https://electionlawblog.org/?p=100821> by Rick Hasen<https://electionlawblog.org/?author=3>

The Cleveland Plain Dealer reports.<https://www.cleveland.com/open/index.ssf/2018/08/ohio_supreme_court_throws_out.html>
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Posted in recounts<https://electionlawblog.org/?cat=50>

--
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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