[EL] ELB News and Commentary 6/8/18

[Rick Hasen]

Will the Pa. Supreme Court Order in the Partisan Gerrymandering Case Push Democrats Over the Top for Control of the House?<http://electionlawblog.org/?p=99399>
Posted on June 8, 2018 8:18 am<http://electionlawblog.org/?p=99399> by Rick Hasen<http://electionlawblog.org/?author=3>

Harry Enten analysi<https://www.cnn.com/2018/06/08/politics/national-house-vote-wave/index.html>s with Political Wire<https://politicalwire.com/2018/06/08/the-most-important-midterm-development-so-far/> commentary.
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Posted in redistricting<http://electionlawblog.org/?cat=6>


Michigan Appeals Court Rejects Attempt to Keep Redistricting Commission Ballot Measure Off November Ballot<http://electionlawblog.org/?p=99397>
Posted on June 8, 2018 8:13 am<http://electionlawblog.org/?p=99397> by Rick Hasen<http://electionlawblog.org/?author=3>

Unanimous decision.<https://www.brennancenter.org/sites/default/files/legal-work/CPMC_v_SOS_Decision_06.07.18.pdf>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“Trump learns to love megadonors”<http://electionlawblog.org/?p=99395>
Posted on June 8, 2018 8:08 am<http://electionlawblog.org/?p=99395> by Rick Hasen<http://electionlawblog.org/?author=3>

Politico reports.<https://www.politico.com/story/2018/06/08/trump-megadonors-gop-fundraising-632671>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>


“The Most Powerful Conservative Couple You’ve Never Heard Of”<http://electionlawblog.org/?p=99393>
Posted on June 7, 2018 1:48 pm<http://electionlawblog.org/?p=99393> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2018/06/07/us/politics/liz-dick-uihlein-republican-donors.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news>

Few political donors are as influential, yet little known, as Liz and Dick Uihlein.

The Midwestern couple has joined the upper pantheon of Republican donors alongside names like Koch, Mercer and Adelson. They have spent roughly $26 million on the current election cycle, supporting more than 60 congressional candidates, working outside the party establishment to advance a combative, hard-right conservatism, from Washington to the smallest town.

Mr. Uihlein (pronounced YOU-line), a scion of one of the founders of Schlitz beer, underwrites firebrand anti-establishment candidates who typically defend<https://twitter.com/senatormcdaniel> broad access to assault weapons<https://www.al.com/news/huntsville/index.ssf/2017/08/gun_rights_group_backs_roy_moo.html> and assail transgender rights<https://www.al.com/news/huntsville/index.ssf/2017/08/gun_rights_group_backs_roy_moo.html>. He has also bankrolled partisan newspapers and backed Roy Moore in Alabama even after he was accused of sexual misconduct <https://www.nytimes.com/2017/11/18/us/roy-moore-alabama.html> with underage girls.

Mrs. Uihlein is the hands-on president of Uline, the packing supply giant the couple founded together nearly four decades ago. Her own views emerge in dispatches she sends out in the company catalog: about her devotion to Fox News, her love for Hall & Oates — they once performed at Uline<https://web.archive.org/web/20180109011649/https:/www.uline.com/images/en-US/Corporate/PDF_archive/CZ_rockstars.pdf> — and her disdain for marijuana. “Have the politicians gone mad?” she once wrote<https://www.uline.com/images/en-US/Corporate/PDF_archive/FB_HopeChangePartII.pdf> about the legalization of the drug. “It’s bad news.”
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Posted in Plutocrats United<http://electionlawblog.org/?cat=104>


“Amendment would put voter ID in NC constitution”<http://electionlawblog.org/?p=99391>
Posted on June 7, 2018 1:47 pm<http://electionlawblog.org/?p=99391> by Rick Hasen<http://electionlawblog.org/?author=3>

WRAL:<https://www.wral.com/amendment-would-put-voter-id-in-nc-constitution/17611888/>

House Speaker Tim Moore<http://wral.com/14549734/?ncga_id=157> and other House Republicans a filed a proposed constitutional amendment Thursday afternoon to ensconce a voter ID rule in the state constitution.

The bill would ask voters to decide this November whether to add this paragraph to the constitution: “Photo identification for voting in person. Every person offering to vote in person shall present photo identification before voting in the manner prescribed by law.”

Voters wouldn’t necessarily see more details, including what sorts of ID would qualify, before voting. That would be laid out later by the General Assembly, in a separate bill.

If this is all the constitutional amendment says, without the specifics, it is hard to know what courts would do with it. If the implementing legislation looks like the last NC voter id law, it could well be struck down again.
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>


“States, counties prepare for changing threat environment”<http://electionlawblog.org/?p=99389>
Posted on June 7, 2018 11:50 am<http://electionlawblog.org/?p=99389> by Rick Hasen<http://electionlawblog.org/?author=3>

Matthew Masterson<http://www.electionline.org/index.php/electionline-weekly> kicks off this week’s Electionline Weekly.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


“South Dakota sheriff loses re-election, fires winning deputy”<http://electionlawblog.org/?p=99387>
Posted on June 7, 2018 11:00 am<http://electionlawblog.org/?p=99387> by Rick Hasen<http://electionlawblog.org/?author=3>

AP reports.<https://apnews.com/9712633e305a43e1956dff562177f2e8?utm_medium=APCentralRegion&utm_campaign=SocialFlow&utm_source=Twitter&__twitter_impression=true&__twitter_impression=true>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


Ranked-Choice Voting and the Still Ongoing SF Contest for Mayor<http://electionlawblog.org/?p=99383>
Posted on June 7, 2018 10:54 am<http://electionlawblog.org/?p=99383> by Richard Pildes<http://electionlawblog.org/?author=7>

Ranked-choice voting (RCV) is getting a test on bigger stages these days, with the Mayor’s race in San Francisco and the upcoming statewide primaries in Maine now making use of it.

SF used RCV on Tuesday in the race for Mayor, and as of now, the results remain extremely close, with some stories suggesting it might be a week before the outcome is certain.  At the moment, according to this<https://www.google.com/search?q=ranked+choice+voting+sf&ie=utf-8&oe=utf-8&client=firefox-b-1> SF Chronicle story, the candidate who was the first choice of a plurality of voters — London Breed  –will not become Mayor, because after the vote-transfer process, another candidate — Mark Leno — has moved ahead.  Leno specifically campaigned late in the day with another candidate who encouraged each others’ supporters to rank them as their second choice, and this use of the incentives RCV creates appears to have paid off:

“London Breed is clearly the first choice among a plurality of voters, but what we’re learning — again — is that in the end, ranked choice will matter most in this election,” said John Whitehurst, a Democratic political strategist who isn’t involved in any of the mayoral campaigns.

Less than a month before election day, Kim and Leno encouraged each other’s supporters to list the other as their second-place choice, appearing on campaign fliers and political advertisements together. The strategy paid off for Leno, who received a whopping 77 percent of Kim’s second-place votes in the first round of ranked choice counting, more than the campaign had been expecting.

This is apparently the first time<https://www.theatlantic.com/politics/archive/2018/05/san-francisco-mayor-jane-kim-mark-leno-ranked-choice-voting/561053/> in SF’s experience with RCV that two major candidates have teamed up this way.  As more experience with RCV mounts, including the statewide primaries next week in Maine, it will be important to see how voters assess this alternative system of voting.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


Top Recent Downloads in Election Law on SSRN<http://electionlawblog.org/?p=99384>
Posted on June 7, 2018 10:52 am<http://electionlawblog.org/?p=99384> by Rick Hasen<http://electionlawblog.org/?author=3>

Here<http://papers.ssrn.com/sol3/topten/topTenResults.cfm?groupingId=991929&netorjrnl=jrnl>:

Recent Top Papers (60 days)

As of: 08 Apr 2018 – 07 Jun 2018
Rank

Paper

Downloads

1.

An Antidote for Gobbledygook: Organizing the Judge’s Partisan Gerrymandering Toolkit into a Two-Part Framework<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3158123>
Samuel Wang<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2459280> and Brian Remlinger<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2967858>
Princeton University and Princeton Gerrymandering Project

Date Posted: 02 May 2018
Last Revised: 02 May 2018

228

2.

Foot Voting, Decentralization, and Development<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3168670>
Ilya Somin<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=333339>
George Mason University – Antonin Scalia Law School, Faculty

Date Posted: 25 Apr 2018
Last Revised: 29 Apr 2018

93

3.

Accountability Claims in Constitutional Law<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3164631>
Nicholas Stephanopoulos<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=636048>
University of Chicago Law School

Date Posted: 04 May 2018
Last Revised: 15 May 2018

72

4.

Election Emergencies: Voting in the Wake of Natural Disasters and Terrorist Attacks<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3160436>
Michael Morley<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2159971>
Barry University School of Law

Date Posted: 23 Apr 2018
Last Revised: 23 Apr 2018

65

5.

Can State Courts Cure Partisan Gerrymandering: Lessons from League of Women Voters v. Commonwealth of Pennsylvania (2018)<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3181092>
Jonathan R. Cervas<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=3015390> and Bernard Grofman<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=107571>
University of California, Irvine, Department of Political Science and University of California, Irvine – Department of Politics and Society

Date Posted: 29 May 2018
Last Revised: 31 May 2018

52

6.

Election Law ‘Federalism’ and the Limits of the Antidiscrimination Framework<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3152638>
Franita Tolson<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=737594>
USC Gould School of Law

Date Posted: 03 Apr 2018
Last Revised: 04 Apr 2018

47

7.

Regulating Campaign Finance through Legislative Recusal Rules<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3171297>
Eugene D. Mazo<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=568726>
Rutgers Law School

Date Posted: 02 May 2018
Last Revised: 02 May 2018

41

8.

Race, Redistricting, and the Manufactured Conundrum<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3173933>
Justin Levitt<https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=698321>
Loyola Law School Los Angeles

Date Posted: 07 May 2018
Last Revised: 07 May 2018

18

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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


Missouri: “Office may be called ‘light gov,’ but it’s still needed”<http://electionlawblog.org/?p=99380>
Posted on June 7, 2018 10:08 am<http://electionlawblog.org/?p=99380> by Rick Hasen<http://electionlawblog.org/?author=3>

Stephen Davis oped:<http://www.stltoday.com/opinion/columnists/office-may-be-called-light-gov-but-it-s-still/article_dfd8b4bc-3877-527f-92ce-34fa0c841fbc.html?utm_medium=social&utm_source=email&utm_campaign=user-share>

As former Missouri Chief Justice Michael A. Wolff ably explained on this page last week,<http://www.stltoday.com/opinion/columnists/office-of-lieutenant-governor-deserves-some-respect/article_958679f8-26b0-5458-9796-b488e5fa26df.html> current law does not provide for the filling of this vacancy, and in my opinion, prevents the governor from appointing a lieutenant governor. See Mo. Rev. Stat. § 105.030. Nearly a hundred years ago, the Missouri Supreme Court ruled the governor had no authority to fill vacancies in a way that conflicts with applicable statute. By contrast, there is constitutional and statutorily provided process to fill all other elective state offices, either by appointment or special election.

Gov. Parson says he is considering calling the Legislature into session to fix this problem. He should immediately do so. The cost is minimal, and the opportunity is prime.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>


--
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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