[EL] ELB News and Commentary 5/21/18
Rick Hasen
rhasen at law.uci.edu
Mon May 21 08:06:38 PDT 2018
Rick Hasen Joining Doug Laycock as Co-Author of “Modern American Remedies;” 5th Edition Will Be Out in Time for January 2019 Classes<http://electionlawblog.org/?p=99128>
Posted on May 21, 2018 8:01 am<http://electionlawblog.org/?p=99128> by Rick Hasen<http://electionlawblog.org/?author=3>
I am honored to be joining Doug Laycock as co-author on the new Fifth Edition of Modern American Remedies<http://www.aspenlawschool.com/books/laycockmodernamericanremedies/default.asp>, the leading casebook in the Remedies area. The Fourth Edition is from 2010 (there are annual supplements). This will be a thorough updating of the book, and will be current through developments in the October 2017 Supreme Court term. The book will be out in the fall in time for spring classes.
Doug is the leading American scholar in the field of Remedies, and his book is the best casebook I know in any field. It is both scholarly and practical, and its sophisticated analysis is presented in plain English. Doug doesn’t hide the ball, and yet the book is challenging for students. I’ve been teaching from the book since 1997 and I feel my students are extremely well prepared for the bar and practice thanks to the book. It teaches students how to think conceptually and creatively about remedies, without getting caught up in a doctrinal, historical, and terminological morass.
I’ll have more to say about the content of the book in coming months, but if you have been wondering why blogging has been light lately, this has been an all-consuming project. I’m really excited to be a part of it!
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Posted in Remedies<http://electionlawblog.org/?cat=57>
Don Blankenship is Going to Try, Likely Fail to Overcome WV Sore Loser Law, Run on Constitution Party Line<http://electionlawblog.org/?p=99126>
Posted on May 21, 2018 7:47 am<http://electionlawblog.org/?p=99126> by Rick Hasen<http://electionlawblog.org/?author=3>
Politico:<https://www.politico.com/story/2018/05/21/don-blankenship-third-party-constitution-party-600779>
West Virginia coal baron and former prisoner Don Blankenship announced on Monday that he plans to launch a long-shot third-party Senate bid after finishing a distant third in this month’s Republican primary.
Blankenship said he would run in the general election as the Constitution Party nominee. But he would need to overcome a “sore loser” law in West Virginia that prevents failed candidates in a main-party primary from refiling to run in the general election under another party’s banner.
Blankenship said he’s prepared to challenge that law in court if needed. If he’s successful, his move that could hurt the GOP’s prospects of unseating Democratic incumbent Joe Manchin in November.
I think it is highly unlikely that Blankenship would be successful in overturning West Virginia’s sore loser law, but I think he’d still be able to mount a write-in campaign if he’s unsuccessful.
The best critique of such laws is Michael Kang’s article, Sore Loser Laws and Democratic Contestation.<http://georgetown.lawreviewnetwork.com/files/pdf/99-4/Kang.PDF>
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Posted in ballot access<http://electionlawblog.org/?cat=46>
“Democrats’ newest midterm pitch: A crackdown on corruption”<http://electionlawblog.org/?p=99124>
Posted on May 21, 2018 7:41 am<http://electionlawblog.org/?p=99124> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo:<https://www.washingtonpost.com/news/powerpost/wp/2018/05/21/democrats-newest-midterm-pitch-a-crackdown-on-corruption/?utm_term=.2e56f308260e>
Democrats are preparing to highlight allegations of corruption surrounding the Trump administration — and a legislative agenda to prevent future abuses — as they continue rolling out their party platform ahead of November’s midterm elections.
The first planks of the “A Better Deal” platform, released last year,<https://www.washingtonpost.com/local/virginia-politics/democrats-plan-to-announce-their-2018-campaign-agenda-from-a-ruby-red-corner-of-northern-virginia/2017/07/24/607aeb4e-6e66-11e7-9c15-177740635e83_story.html?utm_term=.d8470e0aec17> focused on the party’s economic agenda. Now, with questions about pay-to-play politics swirling around President Trump and his current and former aides, Democrats are set to introduce anti-corruption proposals Monday billed as “A Better Deal for Our Democracy.”
According to a senior Democratic official familiar with the announcement, the new agenda will include proposals that would eliminate loopholes that allow lobbyists and lawmakers to buy and sell influence without the public’s knowledge. The message: Elect Democrats in November to “clean up the chaos and corruption in Washington.”
One proposal — which would tighten the federal laws governing lobbying disclosures and foreign-agent registration — responds to the apparent sale of influence by Michael Cohen, Trump’s former personal lawyer. According to recently disclosed financial records, Cohen earned millions of dollars<https://www.washingtonpost.com/politics/mueller-questioned-payment-to-trump-lawyer-michael-cohen/2018/05/09/6ad3a7d6-538d-11e8-a551-5b648abe29ef_story.html?utm_term=.1986ddebf589> from companies that wanted to secure access to Trump’s inner circle in the early days after his 2016 win.
But Cohen never registered as a lobbyist or otherwise disclosed the payments — possibly because, under federal law, only those who spend more than 20 percent of their time on lobbying on behalf of a client must register as a lobbyist. Democrats will propose to change the law so any lobbying contact would have to be publicly reported.
Another proposal could rewrite federal statutes that might have allowed lawmakers of both parties to skirt convictions on bribery and pay-to-play allegations — including former Virginia governor Robert F. McDonnell<https://www.washingtonpost.com/politics/supreme-court-rules-unanimously-in-favor-of-former-va-robert-f-mcdonnell-in-corruption-case/2016/06/27/38526a94-3c75-11e6-a66f-aa6c1883b6b1_story.html?utm_term=.e529178982c6> (R), former senator Ted Stevens<http://www.washingtonpost.com/wp-dyn/content/article/2009/04/11/AR2009041102247.html?sid=ST2010081002732> (R-Alaska) and Sen. Robert Menendez<https://www.washingtonpost.com/world/national-security/justice-departments-seeks-to-toss-out-charges-against-sen-menendez/2018/01/31/19a3094c-06a8-11e8-b48c-b07fea957bd5_story.html?utm_term=.0890d3dc7f16> (D-N.J.). All were charged with fraud violations but were then acquitted or had their convictions overturned after courts found that their actions were not criminal under the current letter of federal law.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“ND secretary of state candidate drops out, raising questions about GOP’s next steps”<http://electionlawblog.org/?p=99122>
Posted on May 21, 2018 7:37 am<http://electionlawblog.org/?p=99122> by Rick Hasen<http://electionlawblog.org/?author=3>
Another one:<http://www.inforum.com/news/government-and-politics/4448876-nd-secretary-state-candidate-drops-out-raising-questions-about>
The Republican-endorsed candidate for North Dakota secretary of state is out of the race just two days after The Forum reported on his 2006 window-peeping incident on the North Dakota State University campus.
Will Gardner made the announcement Sunday afternoon, May 20, in a post to his campaign’s Facebook page.
“In light of recent events, I have decided to withdraw from the election of Secretary of State. This is the best decision for my family and me,” he wrote in the post.
No further information was provided by the Mandan businessman who defeated longtime incumbent Al Jaeger at the North Dakota Republican Party convention in April, securing the party endorsement.
Hours after announcing his decision, Gardner’s campaign page posted a response from the candidate’s wife, who said the world “is a harsh place to be. You don’t dare mess up.”
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Posted in election law biz<http://electionlawblog.org/?cat=51>
Chief Justice Roberts Almost Certainly Has, or Had, the Gill Partisan Gerrymandering Opinion<http://electionlawblog.org/?p=99120>
Posted on May 21, 2018 7:35 am<http://electionlawblog.org/?p=99120> by Rick Hasen<http://electionlawblog.org/?author=3>
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NO Election law opinions from #SCOTUS<https://twitter.com/hashtag/SCOTUS?src=hash> today: no partisan gerrymandering, political speech, Texas voting rights, or Ohio voter purge. Next chance is 5/29 (day after Memorial Day)
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The ONLY case remaining from the October sitting (now that EPIC has been decided) is Gill, the partisan gerrymandering case and the only Justice who has not written yet from that sitting is CJ Roberts, who is skeptical of such claims, but....
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The ONLY case remaining from the October sitting (now that EPIC has been decided) is Gill, the partisan gerrymandering case and the only Justice who has not written yet from that sitting is CJ Roberts, who is skeptical of such claims, but....
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it is possible that Gill will be consolidated with Benisek, the Maryland gerrymandering case, and Kennedy writing both, or that Roberts had the assignment and couldn't keep it, or that Gill will be rejected on standing grounds and court will do merits of gerrymandering in MD case
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Note this undermines Rick Pildes' theory that Gorsuch had Jesner in October but lost it. It means the Chief has Gill (partisan gerrymandering) from October (or, less likely, that it wasn't assigned). https://twitter.com/KimberlyRobinsn/status/998564967623340032 …<https://t.co/4QJPBnC6Kv>
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Posted in redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>
Indiana Suit Over Pre-trial Detainees Denied the Right to Vote Certified as Class Action<http://electionlawblog.org/?p=99117>
Posted on May 21, 2018 7:32 am<http://electionlawblog.org/?p=99117> by Rick Hasen<http://electionlawblog.org/?author=3>
This may be the first class action suit by detainees seeking money damages for loss of the right to vote certified for class status.<http://electionlawblog.org/wp-content/uploads/detainee-class.pdf>
Here’s an earlier story in Indiana Lawyer:<https://www.theindianalawyer.com/articles/43910-suit-alleges-allen-county-sheriff-denied-vote-to-those-in-jail>
Lawyers for inmates of the Allen County Jail and for the sheriff conferred in federal court Tuesday as a lawsuit proceeds alleging detainees were denied their right to vote.
A first amended complaint filed Tuesday seeks a class action, and attorneys met before Judge Theresa Springmann for a preliminary pretrial conference in the District Court for the Northern District of Indiana, Fort Wayne Division.
The suit alleges Sheriff David Gladieux “systematically disenfranchised hundreds of eligible voters held in the Allen County Jail during the 2016 general election by refusing to provide them absentee ballots or alternative access to the polls.”
The suit, Demetrius Buroff and Ian Barnhart v. David Gladieux, 1:17-cv-124, claims violation of the due process and equal protection clauses of the 14th Amendment. Both were pretrial detainees on Election Day, the suit says, without felony convictions and eligible to vote.
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Posted in felon voting<http://electionlawblog.org/?cat=66>
“From secretive super PACs to Jenny Craig, 2018 primaries awash in cash”<http://electionlawblog.org/?p=99115>
Posted on May 21, 2018 6:55 am<http://electionlawblog.org/?p=99115> by Rick Hasen<http://electionlawblog.org/?author=3>
CPI reports.<https://www.publicintegrity.org/2018/05/20/21772/secretive-super-pacs-jenny-craig-2018-primaries-awash-cash>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>
“Political Insiders Plotted the Most Gerrymandered District in America—and Left a Paper Trail”<http://electionlawblog.org/?p=99113>
Posted on May 21, 2018 6:53 am<http://electionlawblog.org/?p=99113> by Rick Hasen<http://electionlawblog.org/?author=3>
The Washingtonian<https://www.washingtonian.com/2018/05/20/political-insiders-plotted-most-gerrymandered-district-in-america-left-paper-trail-maryland/> on the Maryland gerrymander at issue in Benisek.
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Posted in redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>
“Ryan-linked group raised $24.6M from anonymous donor”<http://electionlawblog.org/?p=99111>
Posted on May 20, 2018 2:12 pm<http://electionlawblog.org/?p=99111> by Rick Hasen<http://electionlawblog.org/?author=3>
Politico:<https://www.politico.com/story/2018/05/18/american-action-network-24-6-million-anonymous-donor-554680>
American Action Network, the nonprofit group closely aligned with House Speaker Paul Ryan, raised a record $41.9 million amid the GOP push to repeal Obamacare and restructure the tax code — more than half of which came from one donor, according to a tax filing obtained by POLITICO.
The money raised includes $24.6 million from a single anonymous donor, according to AAN’s 2017 tax return, which covers July 2016 to June 2017 and was filed this week. As a “social welfare” group organized under section 501(c)(4) of the tax code, AAN can raise money in unlimited amounts, but it is not required to disclose its donors, unlike a super PAC.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>
“FEC Democrat Pushes for Foreign Campaign Money Rules”<http://electionlawblog.org/?p=99109>
Posted on May 20, 2018 1:36 pm<http://electionlawblog.org/?p=99109> by Rick Hasen<http://electionlawblog.org/?author=3>
Bloomberg BNA:<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=134475322&vname=mpebulallissues&jd=0000016373fbdbe2a573f7ff6f280002&split=0>
A Democrat on the Federal Election Commission is renewing her push for FEC rules to prevent foreign campaign spending following an announcement from the Senate Intelligence Committee confirming Russian election meddling.
“There is no doubt that Russia undertook an unprecedented effort to interfere with our 2016 elections,” the Senate committee said.
Ellen Weintraub, the FEC’s vice chairwoman, said<https://www.fec.gov/resources/cms-content/documents/mtgdoc_18-26-a.pdf> she would call for consideration of a new rulemaking effort at the FEC’s next open meeting May 24.
Weintraub acknowledged that divisions between Democratic and Republican commissioners have prevented the FEC from agreeing on new rules in the past. She said the bipartisan agreement on the Senate Intelligence Committee, headed by Chairman Richard Burr (R-N.C.) and Vice Chairman Mark Warner (D-Va.), provided “hope that the urgency of this threat will finally conquer the partisan divide at the FEC.”
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, federal election commission<http://electionlawblog.org/?cat=24>
“Asked to propose a fix to voting rights violation, Texas offers few answers”<http://electionlawblog.org/?p=99107>
Posted on May 20, 2018 1:34 pm<http://electionlawblog.org/?p=99107> by Rick Hasen<http://electionlawblog.org/?author=3>
Texas Tribune:<https://www.texastribune.org/2018/05/18/texas-voting-rights-violation-few-solutions/>
Told it was breaking the law and asked to propose a fix, Texas seems to have mostly declined in a new filing the state’s legal adversaries have called “bad faith foot-dragging.”
Following a ruling last month that Texas was violating a federal law<https://www.texastribune.org/2018/04/03/federal-judge-hands-texas-loss-voter-registration-lawsuit/> designed to ease the voter registration process, U.S. District Judge Orlando Garcia ordered <https://www.texastribune.org/2018/05/11/federal-judge-texas-must-propose-remedy-voting-rights-violation/> both the state and the voting rights advocacy group that sued Texas to submit detailed plans for fixing the violation. The Texas Civil Rights Project submitted its plan Thursday afternoon. About three hours later, Texas responded with a document criticizing that group’s proposal as overly broad and once again disputing the judge’s ruling. It did not present a clear, specific solution of its own.
Garcia ruled in April that Texas was violating a federal law often called the Motor Voter Act by failing to allow Texas drivers to register to vote online while they update their license information. Texans can already register in person at Department of Public Safety offices, but not when they renew their licenses online.
That disparate treatment was at the heart of the lawsuit filed against the state in 2016 by the Texas Civil Rights Project on behalf of several Texas voters who, the group argues, are among the thousands of voters disenfranchised by Texas’ current system.
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Posted in NVRA (motor voter)<http://electionlawblog.org/?cat=33>
“Trump Jr. and Other Aides Met With Gulf Emissary Offering Help to Win Election”<http://electionlawblog.org/?p=99105>
Posted on May 20, 2018 1:31 pm<http://electionlawblog.org/?p=99105> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT:<https://www.nytimes.com/2018/05/19/us/politics/trump-jr-saudi-uae-nader-prince-zamel.html>
Three months before the 2016 election, a small group gathered at Trump Tower to meet with Donald Trump Jr., the president’s eldest son. One was an Israeli specialist in social media manipulation. Another was an emissary for two wealthy Arab princes. The third was a Republican donor with a controversial past in the Middle East as a private security contractor.
The meeting was convened primarily to offer help to the Trump team, and it forged relationships between the men and Trump insiders that would develop over the coming months — past the election and well into President Trump’s first year in office, according to several people with knowledge of their encounters.
Erik Prince, the private security contractor and the former head of Blackwater, arranged the meeting, which took place on Aug. 3, 2016. The emissary, George Nader, told Donald Trump Jr. that the princes who led Saudi Arabia and the United Arab Emirates were eager to help his father win election as president. The social media specialist, Joel Zamel, extolled his company’s ability to give an edge to a political campaign; by that time, the firm had already drawn up a multimillion-dollar proposal for a social media manipulation effort to help elect Mr. Trump.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>
“Is the System Rigged Against Democrats?”<http://electionlawblog.org/?p=99103>
Posted on May 18, 2018 12:00 pm<http://electionlawblog.org/?p=99103> by Rick Hasen<http://electionlawblog.org/?author=3>
Zack Roth has this NYT Book Review<https://www.nytimes.com/2018/05/17/books/review/its-time-to-fight-dirty-david-faris.html> of David Faris, It’s Time to Fight Dirty.
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>
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