[EL] Kleinfelds’ proposal

Thu Apr 9 06:41:48 PDT 2020

" We need another Bauer-Ginsberg commission or some such"

Haha yeah that was a resounding success!

On Thu, Apr 9, 2020 at 9:29 AM Ilya Shapiro <IShapiro at cato.org> wrote:

> Holding small business loans hostage to election funding is not a way to
> enhance confidence in whatever crisis-related tweaks are necessary. Either
> this stuff passes on its own terms or it shouldn’t pass. The concern isn’t
> about “voting rights” as such—the pre-corona “suppression” meme/myth is not
> something Republicans will magically now sign onto—but having functioning
> elections and avoiding the Wisconsin game of chicken where nobody wins
> (even if the supreme courts were 100% correct in their legal rulings). We
> need another Bauer-Ginsberg commission or some such, un-sexy technocratic
> reforms to help election administration, not ideological ones that
> reinforce priors. The Kleinfeld proposal is consistent with that (and the
> Kleinfeld siblings are themselves on opposite partisan sides, albeit
> narrowly straddling the divide).
>
>
>
> Ilya Shapiro
>
> Director
>
> Robert A. Levy Center for Constitutional Studies
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> Cato Institute
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> 1000 Massachusetts Ave. NW
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> Washington, DC  20001
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>
>
>
> *Cato Supreme Court Review*:  http://www.cato.org/supreme-court-review
>
>
>
> Watch our 18th Annual Constitution Day Conference, Sept. 17, 2019:
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>
> *From:* Law-election *On Behalf Of *Jeff Hauser
> *Sent:* Thursday, April 09, 2020 8:56 AM
> *To:* Sean Parnell <sean at impactpolicymanagement.com>
> *Cc:* Election Law Listserv <law-election at uci.edu>
> *Subject:* Re: [EL] Kleinfelds’ proposal
>
>
>
> " Federal funding would no doubt help make the decision to expand absentee
> voting easier, but lack of funding is not an absolute barrier."
>
>
>
> The literature on "states rights" and the history of access to voting in
> this country strongly suggests federal action is necessary. House Democrats
> are necessary to keeping GOP leaning business owners/equity holders afloat,
> and it strikes me as both necessary and proper that funding such efforts be
> tied to de facto voting rights.
>
>
>
> On Thu, Apr 9, 2020 at 8:47 AM Sean Parnell <
> sean at impactpolicymanagement.com> wrote:
>
> It’s probably worth noting that states generally fund and run their own
> elections, so there’s no real need to go through McConnell and Trump to
> expand absentee voting and other options. Federal funding would no doubt
> help make the decision to expand absentee voting easier, but lack of
> funding is not an absolute barrier.
>
>
>
> Sean Parnell
>
>
>
> *From:* Law-election <law-election-bounces at department-lists.uci.edu> *On
> Behalf Of *David Segal
> *Sent:* Wednesday, April 8, 2020 10:29 PM
> *To:* Eric J Segall <esegall at gsu.edu>
> *Cc:* Election Law Listserv <law-election at uci.edu>
> *Subject:* Re: [EL] Kleinfelds’ proposal
>
>
>
> It's good that they are pushing and I think a patchwork of purple, and
> even some red, states might implement procedures along these lines. (Hard
> to imagine that all would, which might implicate the POTUS race and would
> certainly have impacts on Congress and state and local races.)
>
>
>
> But it's very hard for me to see a path under any circumstances through
> McConnell and Trump, even if Congressional Ds prioritize this more in
> negotiations.
>
>
>
> Do other folks here think otherwise, re: the politics of the bulk of
> R-controlled states and Congress, and if so would you be able to speak to
> what it looks like in more detail?
>
>
>
>
>
> On Wed, Apr 8, 2020 at 9:59 PM Eric J Segall <esegall at gsu.edu> wrote:
>
> Yes. excellent piece, great ideas, and thanks Ilya for supporting it.
>
>
>
> Best,
>
>
>
> Eric
>
> Sent from my iPhone
>
>
>
> On Apr 8, 2020, at 8:28 PM, Ilya Shapiro <IShapiro at cato.org> wrote:
>
>  I thought this was solid and would get bipartisan support:
>
>
>
>
> https://www.nationalreview.com/2020/04/coronavirus-response-holding-elections-during-pandemic/
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>
> Ilya Shapiro
>
> Director
>
> Robert A. Levy Center for Constitutional Studies
>
> Cato Institute
>
> 1000 Mass. Ave. NW
>
> Washington, DC 20001
>
> (o) 202-218-4600
>
> (c) 202-577-1134
>
> Twitter: @ishapiro
>
> http://www.cato.org/people/shapiro.html
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