Subject: news of the day 11/8/04
From: Rick Hasen
Date: 11/8/2004, 7:59 AM
To: election-law

Note: News of the day will resume on Wednesday.



"Prop 1: Democracy"

Roll Call offers this editorial calling on states with the initiative process to adopt Iowa-style redistricting commissions through the initiative process.


Bauer on Political Parties After BCRA

Bob Bauer disagrees with some of the analyses offered in recent days suggesting that parties have done well under McCain-Feingold.


Sad News: Roll Call's Damon Chappie Has Passed Away

For those who knew him, this is very sad news. Damon was bright and inquisitive, with a good sense of humor, and a great journalist. Here is the Roll Call story:


Cert denied in two felon disenfranchisement cases

According to today's order list, the Supreme Court denied cert. in two felon disenfranchisement cases: Locke v. Farrakhan, No. 03-1597 (from the Ninth Circuit) and Muntaqim v. Coombe, No. 04-175 (from the Second Circuit). There is now a split in the circuits unresolved by the Supreme Court over whether plaintiffs may attack state felon disenfranchisement laws as having a disparate racial impact in violation of section 2 of the Voting Rights Act. There are still to be proceedings in both of these cases, along with an Eleventh Circuit case that is pending, so it is possible the Court will revisit the issue at a later date even in one of these cases. The Second Circuit case might be taken en banc.

One of the most interesting aspects of the Ninth Circuit case was a suggestion by Judge Kozinski in his dissent from that court's denial of en banc rehearing in which he suggested that allowing the section 2 claim to go forward could undermine the constitutionality of section 2 of the Act, because if the Act is viewed as reaching state felon disenfranchisement laws, it might exceed the powers of Congress under the 14th or 15th Amendments. I expect that this issue will resurface in these cases.

More from Lyle Dennison here.


"President Bush Should Push Election Reforms"

Spencer Overton offers this oped in Newsday, with the following subhead: "New federal standards are needed to protect the integrity of the American voting system."


"Recalls Emerging as Political Weapons"

The Milwaukee Journal-Sentinel offers this report.


"Even With Campaign Finance Law, Money Talks Louder than Ever"

The New York Times offers this report.


Instant Runoff Voting News

If you care about this topic, check out Rob Richie's Nov. 5 newsletter from the Center for Voting and Democracy. The newsletter discusses some IRV-related news from last Tuesday.
-- 
Rick Hasen
Professor of Law and William M. Rains Fellow
Loyola Law School
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