news of the day 11/17/04

Will the Next Congress Consider Campaign Finance Reform and Further Election Administration Reform?

This article in Roll Call (paid subscription required) notes that House Administration Chair Bob Ney (R-Ohio) plans to examine both issues next year. It is far from clear that this Congress will do anything on 527s, the broken public financing system for presidential campaigns, and the urgent need for additional election adminstration reform.

New Lawsuit Over San Diego Mayoral Race

If the incumbent mayor of San Diego ends up ahead in the vote counting there over a write-in candidate who had been leading, the write-in candidate is likely to sue over the decision of San Diego elections officials not to count write in votes where the write-in candidate's name had been filled in by voters but the voters failed to fill in an oval indicating that they were declaring a write-in vote. See this Los Angeles Times report and this San Diego Union-Tribune report.

This raises a pattern of litigation we have seen in Florida and elsewhere. Is it more important to stick with the technical rules for casting votes or following the "intent" of the voters, assuming, as in this case, the intent can be fairly ascertained without the need for much discretionary judgment? The issue may be more complicated in the San Diego case by the possible failure of elections officials to give adequate instructions for casting a write-in vote. According to the Union-Tribune article, "The lawsuit is likely to note that instructions for absentee voting sent by the registrar's office did not explicitly tell voters they needed to fill in the oval if voting for a write-in candidate."

19-Vote Difference in Washington Gubernatorial Race; Further Counting, Recounts, and More Lawsuits are Coming

See here.

"In ATMS, Not Votes, We Trust"

Anne Applebaum writes this Washington Post column.

"GOP Pushes Rule to Protect DeLay's Post"

The Washington Post offers this article on a proposed rule change that will allow Tom DeLay to keep his leadership post, even if he is indicted by a grand jury for fundraising issues connected to the Texas re-redistricting.

"Governor's Race Keeps Puerto Rico in Suspense"

The New York Times offers this report, which begins: "If Florida's five-week recount after the 2000 presidential election seemed endless, pity Puerto Rico. A recount is all but certain in the race for governor here, after the Election Night tally gave Anibal Acevedo Vilá, the candidate who favors keeping the island's commonwealth status, a margin of just 3,880 votes. But the process will not start until December, and come Christmas - even New Year's, some predict - Puerto Ricans may still be guessing who their next governor will be."

"Campaign Finance Reform and Progressive Politics"

Bob Bauer posts on this topic here.

Social Science Research Council Develops New Program on Elections and Voting

The website of the new National Resarch Commission on Elections and Voting is here. The initial press release is here. The organization has assembled an impressive group of participating scholars. They also have an e-mail list, which someone put me on without asking. I'm glad to be on the list, but that is not good form.

-- 
Rick Hasen
Professor of Law and William M. Rains Fellow
Loyola Law School
919 South Albany Street
Los Angeles, CA  90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org