[EL] ELB News and Commentary 6/4/18

Mon Jun 4 07:22:55 PDT 2018

News Signs Justice Kennedy Does Not Have Opinion Assignment in Benisek, the Maryland Redistricting Case<http://electionlawblog.org/?p=99313>
Posted on June 4, 2018 7:19 am<http://electionlawblog.org/?p=99313> by Rick Hasen<http://electionlawblog.org/?author=3>

Leah Litman:<https://twitter.com/LeahLitman/status/1003640475767599105>
[https://pbs.twimg.com/profile_images/953757222990790656/6wDn2ic7_bigger.jpg]<https://twitter.com/LeahLitman>
<https://twitter.com/LeahLitman>
Leah Litman<https://twitter.com/LeahLitman>
✔@LeahLitman<https://twitter.com/LeahLitman>

<https://twitter.com/LeahLitman/status/1003640475767599105>

[🚨][🚨][🚨][🚨]AMK writing Hughes (from the March sitting) means he does not have the Benisk assignment (the gerrymandering case, also from the March sitting) [🚨] [🚨] [🚨] [🚨] @rickhasen<https://twitter.com/rickhasen>
7:11 AM - Jun 4, 2018<https://twitter.com/LeahLitman/status/1003640475767599105>
·         <https://twitter.com/intent/like?tweet_id=1003640475767599105>
12<https://twitter.com/intent/like?tweet_id=1003640475767599105>
·         <https://twitter.com/LeahLitman>
See Leah Litman's other Tweets<https://twitter.com/LeahLitman>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>

Next chance for SCOTUS to decide the five outstanding election cases is next Monday, June 11.

[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D99313&title=News%20Signs%20Justice%20Kennedy%20Does%20Not%20Have%20Opinion%20Assignment%20in%20Benisek%2C%20the%20Maryland%20Redistricting%20Case>
Posted in Supreme Court<http://electionlawblog.org/?cat=29>

Breaking: Supreme Court Declines to Hear Speech or Debate Case Issue Related to Pa. Gerrymandering Cases<http://electionlawblog.org/?p=99311>
Posted on June 4, 2018 6:40 am<http://electionlawblog.org/?p=99311> by Rick Hasen<http://electionlawblog.org/?author=3>

From today’s order list:<https://www.supremecourt.gov/orders/courtorders/060418zor_3cp3.pdf>

17-1368 SCARNETI, JOSEPH B. V. AGRE, LOUIS, ET AL. The appeal is dismissed for want of jurisdiction.

Here were the questions presented in the jurisdictional statement<https://www.supremecourt.gov/DocketPDF/17/17-1368/40080/20180326164426852_Scarnati%20v%20Agre%20Jurisdictional%20Statement.pdf>:

1. Did the lower court err in holding that the “speech or debate” privilege is a qualified privilege when considered in connection with civil redistricting litigation, and that state legislators must disclose information regarding the crafting and drafting of redistricting legislation in discovery in such litigation?

2. If the “speech or debate” privilege is qualified when considered in connection with civil redistricting litigation, to what extent should that qualified privilege protect against the questioning of state legislators, and the disclosure of documents possessed by state legislators during discovery in such litigation?
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D99311&title=Breaking%3A%20Supreme%20Court%20Declines%20to%20Hear%20Speech%20or%20Debate%20Case%20Issue%20Related%20to%20Pa.%20Gerrymandering%20Cases>
Posted in redistricting<http://electionlawblog.org/?cat=6>, Speech or Debate Clause<http://electionlawblog.org/?cat=36>, Supreme Court<http://electionlawblog.org/?cat=29>

“California’s open primaries are a cautionary tale about political reform”<http://electionlawblog.org/?p=99309>
Posted on June 2, 2018 9:26 pm<http://electionlawblog.org/?p=99309> by Rick Hasen<http://electionlawblog.org/?author=3>

Dan Balz:<https://www.washingtonpost.com/politics/californias-open-primaries-are-a-cautionary-tale-about-political-reform/2018/06/02/737e697c-65dd-11e8-a768-ed043e33f1dc_story.html?utm_term=.db55e2bd2b81>

Eight years ago, California voters approved a ballot initiative establishing a new open primary system. The new system called for primary contests in which all candidates from all parties would be listed on the same ballot. The top two finishers, regardless of party, would advance to the November election.

Then-Gov. Arnold Schwarzenegger (R) hailed the initiative’s passage as a vehicle that would change the political complexion of the state legislature and the congressional delegation. He and other proponents claimed that it would lead to the nomination and ultimately the election of candidates who were more moderate — center-left and center-right, rather than far left and far right.

“We in California have said we’ve got to come to the center, we’ve got to bring everyone together in order to solve problems,” Schwarzenegger said at the time. “And I think the rest of the nation eventually will find out this is exactly where the action is.”

The action Schwarzenegger envisioned hasn’t come to pass. Instead, the reforms have produced action of a different sort. Days ahead of Tuesday’s big round of primaries, the unintended consequences — though not necessarily unforeseen possibilities — of the open primary system are roiling the state’s politics. The system’s promises, meanwhile, remain mostly unfulfilled.

Most of the hand-wringing today is among Democrats. Their worries are a byproduct of their good fortune — the energy and enthusiasm that exists at the grass roots. Given Democratic opposition to President Trump, which is particularly strong in California, and the number of Republican-held seats that are competitive, this year’s elections have drawn bigger-than-normal fields of candidates.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D99309&title=%E2%80%9CCalifornia%E2%80%99s%20open%20primaries%20are%20a%20cautionary%20tale%20about%20political%20reform%E2%80%9D>
Posted in political parties<http://electionlawblog.org/?cat=25>, primaries<http://electionlawblog.org/?cat=32>

“In Three California House Races, Wealthy Democrats Have Spent $16 Million of Their Own Money So Far”<http://electionlawblog.org/?p=99307>
Posted on June 2, 2018 9:18 pm<http://electionlawblog.org/?p=99307> by Rick Hasen<http://electionlawblog.org/?author=3>

David Dayen<https://theintercept.com/2018/06/01/california-primary-house-races-wealthy-democrats-have-spent-16-million-of-their-money-so-far/> for The Intercept.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D99307&title=%E2%80%9CIn%20Three%20California%20House%20Races%2C%20Wealthy%20Democrats%20Have%20Spent%20%2416%20Million%20of%20Their%20Own%20Money%20So%20Far%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>

“Missouri’s dark money scandal, explained”<http://electionlawblog.org/?p=99305>
Posted on June 2, 2018 9:16 pm<http://electionlawblog.org/?p=99305> by Rick Hasen<http://electionlawblog.org/?author=3>

Ciara Torres-Spelliscy<https://www.salon.com/2018/06/02/missouris-dark-money-scandal-explained_partner/> for Salon.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D99305&title=%E2%80%9CMissouri%E2%80%99s%20dark%20money%20scandal%2C%20explained%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>

North Carolina: “Lewis: Statewide judicial redistricting off the table this session”<http://electionlawblog.org/?p=99303>
Posted on June 2, 2018 9:13 pm<http://electionlawblog.org/?p=99303> by Rick Hasen<http://electionlawblog.org/?author=3>

NC Policy Watch:<http://pulse.ncpolicywatch.org/2018/06/02/lewis-statewide-judicial-redistricting-off-the-table-this-session/>

Rep. David Lewis (R-Harnett) said Friday that he does not expect the legislature to move forward with plans for statewide judicial redistricting — nor does he expect a constitutional amendment for a merit selection plan.

He spoke to reporters after the House Select Committee on Elections passed redistricting measures<https://www.ncleg.net/Sessions/2017/Bills/Senate/PDF/S757v4.pdf> affecting several counties including Mecklenburg<http://www.ncpolicywatch.com/2018/05/31/gop-plan-to-redistrict-judges-in-mecklenburg-wins-quick-senate-approval-dems-judges-cry-foul/>, Wake, Onslow, Hoke and Stanly counties.

“Sometimes you don’t get the entire pie, you don’t get the entire blue ribbon if you will, but you get a good strong second place or second choice and I think that’s what this is,” Lewis said.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D99303&title=North%20Carolina%3A%20%E2%80%9CLewis%3A%20Statewide%20judicial%20redistricting%20off%20the%20table%20this%20session%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Today’s Must-Read: “Did Russian Trolls Have Company?: New Evidence on Israel-based PSY-Group’s Possible Social Media Efforts in 2016 US Election”<http://electionlawblog.org/?p=99301>
Posted on June 2, 2018 9:10 pm<http://electionlawblog.org/?p=99301> by Rick Hasen<http://electionlawblog.org/?author=3>

Just Security:<https://www.justsecurity.org/57245/russian-trolls-company-evidence-israel-based-psy-groups-social-media-efforts-2016-election/>

[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D99301&title=Today%E2%80%99s%20Must-Read%3A%20%E2%80%9CDid%20Russian%20Trolls%20Have%20Company%3F%3A%20New%20Evidence%20on%20Israel-based%20PSY-Group%E2%80%99s%20Possible%20Social%20Media%20Efforts%20in%202016%20US%20Election%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Kansas SOS Kris Kobach went through a Town on a Jeep during a Parade with a Replica Gun Mounted on It<http://electionlawblog.org/?p=99299>
Posted on June 2, 2018 9:08 pm<http://electionlawblog.org/?p=99299> by Rick Hasen<http://electionlawblog.org/?author=3>

KC Star:<http://www.kansascity.com/news/article212408904.html>

Kris Kobach made his way through a parade in Johnson County Saturday morning, waving from an American flag colored jeep with a large gun mounted in back.

The city of Shawnee later issued an apology for Kobach’s display.

The sight of Kobach, a Republican candidate for Kansas governor, in the vehicle at the Old Shawnee Days parade stunned some onlookers and quickly sparked criticism on social media.

“It was pretty shocking,” said pastor Johnny Lewis of Shawnee Community Christian Church. “There were audible gasps from the folks we were sitting by.”

Lewis said he respects the views of people on both sides of the Second Amendment debate, but found the display inappropriate in a crowd filled with kids at a time when many of them, like his 6-year-old daughter, are scared that they might be victims of a school shooting.

“Why was that necessary sir?” Lewis said on Facebook, directing his comments at Kobach. “My child didn’t need that today.”

Kobach’s campaign was quick to defend the candidate’s decision to wave at the crowd standing next to what appeared to be a .50 caliber machine gun.

“The gun is a replica,” Kobach spokeswoman Danedri Herbert said in a text message.

“The Secretary says those who use the excuse of school violence to restrict the right to bear arms are deeply misguided. We need to stand up for our Second Amendment rights and recognize the only thing that stops a bad guy with a gun is a good guy with a gun.”
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D99299&title=Kansas%20SOS%20Kris%20Kobach%20went%20through%20a%20Town%20on%20a%20Jeep%20during%20a%20Parade%20with%20a%20Replica%20Gun%20Mounted%20on%20It>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Facebook’s ad rules are forcing news outlets to register as political advertisers”<http://electionlawblog.org/?p=99297>
Posted on June 1, 2018 10:16 am<http://electionlawblog.org/?p=99297> by Rick Hasen<http://electionlawblog.org/?author=3>

The Verge reports.<https://www.theverge.com/2018/6/1/17416710/facebook-political-ad-rules-news-promotion-blocked>
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D99297&title=%E2%80%9CFacebook%E2%80%99s%20ad%20rules%20are%20forcing%20news%20outlets%20to%20register%20as%20political%20advertisers%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“U.S. Courts Agency Sued for Violating Free Speech”<http://electionlawblog.org/?p=99295>
Posted on June 1, 2018 9:55 am<http://electionlawblog.org/?p=99295> by Rick Hasen<http://electionlawblog.org/?author=3>

Bloomberg:<https://www.bloomberg.com/news/articles/2018-05-31/u-s-courts-agency-sued-for-violating-free-speech-rights>

Everyone expects a judge to be impartial. In fact, it’s generally required that judges avoid even the perception of impropriety, so as not to taint the public’s trust in the justice system. But the American Civil Liberties Union thinks the agency that helps run the U.S. court system has gone a little too far in extending those restrictions to its administrative employees.

New rules barring hundreds of support staff from expressing political opinions on social media or donating to political parties is a violation of their First Amendment rights, the ACLU said in a lawsuit filed Thursday in Washington federal court.

The measures at the Administrative Office of the U.S. Courts, part of the judicial branch of the U.S. government, are stricter than those governing political activity by employees of executive branch agencies such as the Federal Bureau of Investigation, the Central Intelligence Agency and the Department of Justice, the ACLU argued in its complaint. The rules, implemented in March, also bar court employees from displaying political lawn signs at home or wearing political buttons when not at work, the ACLU said.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D99295&title=%E2%80%9CU.S.%20Courts%20Agency%20Sued%20for%20Violating%20Free%20Speech%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Maryland: “Ervin gets party’s backing on ballot”<http://electionlawblog.org/?p=99293>
Posted on June 1, 2018 9:48 am<http://electionlawblog.org/?p=99293> by Rick Hasen<http://electionlawblog.org/?author=3>

Baltimore Sun:<http://digitaledition.baltimoresun.com/infinity/article_share.aspx?guid=9e4a6384-0d87-4562-abb0-b68648373c67>

Maryland Democratic gubernatorial candidate Valerie Ervin received a boost Thursday in her attempt to get her name onto the June primary ballot when the state Democratic Party publicly supported the effort.

“The Democratic Party believes that Maryland law requires the Maryland Board of Elections to do everything in its power to list all eligible gubernatorial candidates and to conduct a smooth election process for all voters,” party Chairwoman Kathleen Matthews said in a statement Thursday. “Voters deserve nothing less.”

And an attorney for Ervin and her running mate, Marisol Johnson, appeared before the Maryland State Board of Elections in Annapolis to press the campaign’s case for new ballots.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D99293&title=Maryland%3A%20%E2%80%9CErvin%20gets%20party%E2%80%99s%20backing%20on%20ballot%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>

--
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/>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180604/80992f1c/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 3685 bytes
Desc: image001.jpg
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180604/80992f1c/attachment.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 940 bytes
Desc: image002.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180604/80992f1c/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 2021 bytes
Desc: image003.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180604/80992f1c/attachment-0001.png>