"Commentary: Crisis Averted--This Time"

Businessweek offers these thoughts.

Symposium on Law and Democracy at George Washington University Nov. 15

I have posted the flyer for the event here. This should be a good one.

"The Billionaire's Boon"

The Wall Street Journal offered this editorial Wednesday, which begins: "Even before the polls closed yesterday, one big loser was already clear: the 2002 McCain-Feingold campaign finance "reform" that was supposed to cleanse our politics of 'big money.'"

A Tale of Two Top Two Primary Initiatives

In Washington State, voters approved a new primary system, Measure I-872. In California, Proposition 62 establishing the same type of primary system (top two candidates in primary go on to general election ballot, regardless of party registration) was defeated. Indeed, California voters approved a rival proposition put on by the Legislature, Prop. 60, intended to enshrine the partisan primary in California. (Proposition 60 could still be nullified by the California Supreme Court, because the Court is already receiving briefing on the question whether Proposition 60's placement on the ballot violated a California constiitutional provision requiring each amendment the Legislature proposes to the voters be submitted for a "separate vote.")

I was part of the legal team for Prop. 62, and believe that the measure would have survived a constitutional challenge in the courts. I also lament the fact that Prop. 62 was necessary in the first place. California voters approved a more modest version of Prop. 62, the "blanket primary," in 1998. But the Supreme Court, erroneously in my view, struck it down as violating the associational rights of political parties. We will now see if the Washington proposition is challenged, and, if so, how the courts react.

"Supremes May Consider Felon Voting Rights"

Legal Times offers this report. I have been predicting a cert. grant in the Locke case from the 9th Circuit, and possibly in the 2d Circuit case as well.

A Rosier View of the Election Process

In his post-election director's report, Electionline.org's Doug Chapin writes: "It is now abundantly clear that Election Day 2004 was a success. Record numbers of voters went to the polls, and while there were isolated problems across the nation, these problems were largely scattered and none of them provoked the kind of meltdown that made the headlines in November 2000." Responding to my Law.com commentary, Doug writes: "I’m not sure I’m as pessimistic as Rick, who argues that we “dodged a bullet” on Election Day, but I do agree that whatever work remains to be done has to include the same lawyers that so many people were ready to condemn in the weeks leading up to November 2." (He also has some kind words to say about the election law blogs.) His entire report is available here.

"New Voting Method Breaks Down"

The San Francisco Chronicle offers this report, which begins: "The computer software designed to tabulate the results of San Francisco's first election using ranked-choice voting malfunctioned Wednesday, and the outcome of contested races for district supervisor likely won't be available for at least two weeks, said Elections Director John Arntz. That leaves four of the seven races up in the air. Incumbent Supervisors Aaron Peskin, Michela Alioto-Pier and Tom Ammiano won their seats outright on election day with a majority of votes."