[EL] Kleinfelds’ proposal

Thu Apr 9 06:48:57 PDT 2020

Hi all--

The proposal is beyond reasonable and wise.  Yet, alas, it may fail due to
the septic state of politics in the USA.

On Thu, Apr 9, 2020 at 9:43 AM Jeff Hauser <jeffhauser at gmail.com> wrote:

> " 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
>>
>> Cato Institute
>>
>> 1000 Massachusetts Ave. NW
>>
>> Washington, DC  20001
>>
>> tel. (202) 218-4600
>>
>> cel. (202) 577-1134
>>
>> ishapiro at cato.org
>>
>> Bio/clips: https://www.cato.org/people/ilya-shapiro
>>
>> Twitter: www.twitter.com/ishapiro
>>
>> SSRN: http://ssrn.com/author=1382023
>>
>>
>>
>> *Cato Supreme Court Review*:  http://www.cato.org/supreme-court-review
>>
>>
>>
>> Watch our 18th Annual Constitution Day Conference, Sept. 17, 2019:
>>
>> https://www.cato.org/events/18th-annual-constitution-day
>>
>>
>>
>> *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/
>> <https://nam03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.nationalreview.com%2F2020%2F04%2Fcoronavirus-response-holding-elections-during-pandemic%2F&data=02%7C01%7Cesegall%40gsu.edu%7C119d6d922e124261fa9008d7dc1cf8fa%7C515ad73d8d5e4169895c9789dc742a70%7C0%7C0%7C637219889314052158&sdata=4s3OdhFO8WLQxHc0JJqmIRohy3lAafOZxuD09D9fQSY%3D&reserved=0>
>>
>> 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
>> <https://nam03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cato.org%2Fpeople%2Fshapiro.html&data=02%7C01%7Cesegall%40gsu.edu%7C119d6d922e124261fa9008d7dc1cf8fa%7C515ad73d8d5e4169895c9789dc742a70%7C0%7C0%7C637219889314062151&sdata=grQ9OqFvGz001aj76eTzlUJUNjTU20RD%2BUsdz5IBl%2BI%3D&reserved=0>
>>
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-- 
Mark Rush
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