[EL] Staggered Terms For US Senators
Steven John Mulroy (smulroy)
smulroy at memphis.edu
Fri Mar 16 23:43:21 PDT 2018
Are staggered terms required for Senators after the 17th Amendment? Article I, Section 3 set up staggered terms for the first ever Congress; presumably all states, even ones that joined the Union thereafter, have continued that practice. But the text of the 17th Amendment is silent on that question. Does the staggered terms part of Art I, Sec 3 survive the 17th Amendment, , or does the comprehensive language of the 17th Amendment supersede Art I, Section 3, such that a state could if it wanted to elect both Senators at once?
I'm thinking that even if the 17th Amen allowed non-staggering, it would be difficult for a state to transition to it. They'd have to either cut short a senator's term, or extend it. Either way, possible legal challenge?
-----Original Message-----
From: Law-election [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of law-election-request at department-lists.uci.edu
Sent: Saturday, 17 March 2018 6:00 AM
To: law-election at department-lists.uci.edu
Subject: Law-election Digest, Vol 83, Issue 14
Send Law-election mailing list submissions to
law-election at department-lists.uci.edu
To subscribe or unsubscribe via the World Wide Web, visit
https://department-lists.uci.edu/mailman/listinfo/law-election
or, via email, send a message with subject or body 'help' to
law-election-request at department-lists.uci.edu
You can reach the person managing the list at
law-election-owner at department-lists.uci.edu
When replying, please edit your Subject line so it is more specific than "Re: Contents of Law-election digest..."
Today's Topics:
1. status of Michigan federal case over timing of US House
special election (Richard Winger)
2. Election litigation abroad: Prime Minister resigns after the
first ever Slovenian campaign finance trial (Jurij Toplak)
3. ELB News and Commentary 3/16/18 (Rick Hasen)
4. Green Party of Montana and US Senate race (Richard Winger)
----------------------------------------------------------------------
Message: 1
Date: Thu, 15 Mar 2018 20:49:26 +0000 (UTC)
From: Richard Winger <richardwinger at yahoo.com>
To: Election Law Listserv <law-election at uci.edu>
Subject: [EL] status of Michigan federal case over timing of US House
special election
Message-ID: <1858144762.1416090.1521146966428 at mail.yahoo.com>
Content-Type: text/plain; charset="utf-8"
http://ballot-access.org/2018/03/15/u-s-district-court-wants-two-more-quick-briefs-before-he-decided-on-whether-to-order-michigan-to-hold-special-congressional-election/
|
|
|
| | |
|
|
|
| |
U.S. District Judge Wants Two More Quick Briefs Before He Decides Whether t...
| |
|
|
?Richard Winger 415-922-9779 PO Box 470296, San Francisco Ca 94147
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180315/0751b003/attachment-0001.html>
------------------------------
Message: 2
Date: Fri, 16 Mar 2018 15:01:17 +0000
From: Jurij Toplak <jurij.toplak at um.si>
To: Election Law <law-election at department-lists.uci.edu>
Subject: [EL] Election litigation abroad: Prime Minister resigns after
the first ever Slovenian campaign finance trial
Message-ID: <4db943c496864d4f9e513656fcc64d80 at um.si>
Content-Type: text/plain; charset="iso-8859-1"
For those interested in election litigation abroad:
In Slovenia the Supreme Court ruled in its first ever campaign finance case. It was also the first ever public trial of the Supreme Court of Slovenia since the independence of this country.
In a referendum held in September 2017, voters supported a large railway project by 53 percent of the votes. One voter disputed the referendum results. He brought the case to Slovenia's Supreme Court, arguing that the government had an unfair advantage in the referendum because it used public funds, public media, and numerous other state resources to support a campaign in favor of the railway project. I helped him and we argued that the government acted contrary to the Council of Europe's Code of Good Practice on Referendums, which requires governments to assure balanced coverage of both campaigns.
The court agreed that the government's campaign was inadmissibly one-sided and annuled the referendum results. A few hours later the Prime Minister resigned.
This was the first time that results of the vote were disputed, and first time ever that an election law trial took place. And first time ever that the Supreme Court had a public trial on any issue, because this is just an appeals court and never holds trials.
Until now, regardless of the breaches of the rules, the courts have always quickly dismissed all the election-related complaints. This court ruling is a clear message to all candidates and to the election authorities that from now on, rules need to be followed and the court will no longer tolerate breaching of the election rules.
Jurij Toplak, professor of law
University of Maribor
http://www.dw.com/en/slovenia-prime-minister-miro-cerar-resigns-over-court-ruling-on-referendum/a-42981064
https://www.nytimes.com/2018/03/15/world/europe/slovenia-prime-minister-miro-cerar-resigns.html
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180316/6ce3d519/attachment-0001.html>
------------------------------
Message: 3
Date: Fri, 16 Mar 2018 16:20:08 +0000
From: Rick Hasen <rhasen at law.uci.edu>
To: Election Law Listserv <law-election at uci.edu>
Subject: [EL] ELB News and Commentary 3/16/18
Message-ID: <395A5EE3-3A2F-4CE3-8BDF-6524F9E44CA2 at law.uci.edu>
Content-Type: text/plain; charset="utf-8"
Montana: ?Green Party candidate was on state GOP payroll?<http://electionlawblog.org/?p=98166>
Posted on March 16, 2018 9:17 am<http://electionlawblog.org/?p=98166> by Rick Hasen<http://electionlawblog.org/?author=3>
AP:<https://www.apnews.com/aae15528a9fe415282402c4e14090c75>
A man who registered as a Green Party candidate for Montana?s U.S. Senate race was on the state Republican Party?s payroll and heads a newly formed anti-tax group, according to a review of election documents.
Timothy Adams filed as a challenger Monday against Democratic Sen. Jon Tester, who faces a tough re-election campaign, in a race where a Green Party candidate could siphon votes from the Democrat.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D98166&title=Montana%3A%20%E2%80%9CGreen%20Party%20candidate%20was%20on%20state%20GOP%20payroll%E2%80%9D>
Posted in ballot access<http://electionlawblog.org/?cat=46>, third parties<http://electionlawblog.org/?cat=47>
?NRA lawyer said to have had concerns about group?s ties to Russia?<http://electionlawblog.org/?p=98164>
Posted on March 16, 2018 9:10 am<http://electionlawblog.org/?p=98164> by Rick Hasen<http://electionlawblog.org/?author=3>
McClatchy:<http://www.mcclatchydc.com/news/politics-government/congress/article205412394.html>
Congressional investigators are examining information that a longtime attorney for the National Rifle Association had concerns about the group?s ties to Russia and its possible involvement in channeling Russian funds into the 2016 elections to help Donald Trump, two sources familiar with the matter say.
Cleta Mitchell, a former NRA board member who has done legal work for the organization, is on a newly disclosed list of people whom Democrats on the House Intelligence Committee are seeking to interview. Democratic investigators for that committee?s Senate counterpart also are interested in what she may know about relationships between the NRA or its allies and wealthy Russians, said the sources, who spoke on condition of anonymity because of the sensitivity of the matter.
Mitchell told McClatchy in an email that any suggestion she has concerns about the NRA?s Russia connections is a ?complete fabrication.?
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D98164&title=%E2%80%9CNRA%20lawyer%20said%20to%20have%20had%20concerns%20about%20group%E2%80%99s%20ties%20to%20Russia%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>
Minnesota: ?Audit Finds Little Voter Fraud, But Recommends Improvements?<http://electionlawblog.org/?p=98162>
Posted on March 16, 2018 9:09 am<http://electionlawblog.org/?p=98162> by Rick Hasen<http://electionlawblog.org/?author=3>
AP:<http://minnesota.cbslocal.com/2018/03/16/voter-registration-audit/>
Minnesota should develop a report that helps county election officials identify people who aren?t eligible to vote, the legislative auditor?s office recommended Friday.
The auditor?s office examined the state?s election system and voter registration practices for months, interviewing county election officials and county attorneys who prosecute allegations of voter fraud.
The audit did not find widespread problems with the system. County attorneys reported 69 investigations of ineligible voting in the past two years, with most not resulting in convictions.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D98162&title=Minnesota%3A%20%E2%80%9CAudit%20Finds%20Little%20Voter%20Fraud%2C%20But%20Recommends%20Improvements%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>
?Election Security War Game: Testing Critical Infrastructure Designation??April 12 at W & M<http://electionlawblog.org/?p=98160>
Posted on March 15, 2018 1:34 pm<http://electionlawblog.org/?p=98160> by Rick Hasen<http://electionlawblog.org/?author=3>
Upcoming event:
Election Security War Game: Testing Critical Infrastructure Designation
Election Law Program
William & Mary Law School
April 12, 2018
3:30-6:00, Room 119
Free and Open to the Public
Virginia CLE Credit available
On April 12, 2018, the William & Mary Election Law Program will host a unique symposium aimed at expanding understanding of the role of courts in promoting election security. The symposium will kick off with a war game simulating an election security dispute in the fictional state of ?Flichigan.? Panelists will then debrief the moot and discuss election security challenges going forward, including the role of the federal government in helping states secure election infrastructure, the perils and promise of our decentralized of election system, and the role of judges in promoting public confidence in state election security.
Panelists:
Joseph Lorenzo Hall, Center for Democracy & Technology
Kemba Walden, Department of Homeland Security
Mark Listes, Election Assistance Commission
David Becker, Center for Election Innovation & Research
Edgardo Cortes, Former Commissioner Virginia Department of Elections
John Davisson, Electronic Privacy Information Center
Registration (free) and more details available HERE<https://www.eventbrite.com/e/election-security-war-game-testing-critical-infrastructure-designation-tickets-43903340072>.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D98160&title=%E2%80%9CElection%20Security%20War%20Game%3A%20Testing%20Critical%20Infrastructure%20Designation%E2%80%9D%E2%80%93April%2012%20at%20W%20%26%20M>
Posted in election administration<http://electionlawblog.org/?cat=18>, voting technology<http://electionlawblog.org/?cat=40>
--
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/20180316/6238eadf/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 2021 bytes
Desc: image001.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180316/6238eadf/attachment-0001.png>
------------------------------
Message: 4
Date: Fri, 16 Mar 2018 16:42:24 +0000 (UTC)
From: Richard Winger <richardwinger at yahoo.com>
To: Election Law Listserv <law-election at uci.edu>
Subject: [EL] Green Party of Montana and US Senate race
Message-ID: <1396511106.1951046.1521218544923 at mail.yahoo.com>
Content-Type: text/plain; charset="utf-8"
This morning Rick Hasen blogged a link to a story about a former Republican activist filing as a Green for US Senate in Montana.
Most people who see the headline probably assume that person will become the Green Party nominee in Montana.? However, it is overwhelmingly likely he will lose the Green Party primary to Steve Kelly, a bona fide Green.
When the Green Party submitted its petition for party status earlier this month, it did not desire to have any nominee for US Senate.? In a majority of states, newly-qualifying parties do not nominate by primary.? If the Montana election law let the Green Party nominate by primary, the party would choose to have no nominee for US Senate.? So that is a plug for the idea that new and minor parties should be allowed to nominate by convention, an idea recommended back in 1951 by Dr. Joseph P. Harris of UC Berkeley, in his book "A Model Direct Primary System."? Dr. Harris was considered the nation's leading expert on election administration from the 1920's into the 1960's.?Richard Winger 415-922-9779 PO Box 470296, San Francisco Ca 94147
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180316/c9338a2f/attachment-0001.html>
------------------------------
Subject: Digest Footer
_______________________________________________
Law-election mailing list
Law-election at department-lists.uci.edu
https://department-lists.uci.edu/mailman/listinfo/law-election
------------------------------
End of Law-election Digest, Vol 83, Issue 14
********************************************
View list directory