Subject: news of the day 12/3/04
From: Rick Hasen
Date: 12/3/2004, 8:24 AM
To: election-law

Press Conference on 527s

I received the following announcement via e-mail:


"Fundraising Records Raised By Both Major Political Parties"

The Washington Post offers this report, with the following subhead: "Democrats Got More Money Than GOP for 1st Time Since '70s." The article references a Public Citizen press release that you can access here. See also this New York Times report.


Two on the San Diego Mess

The San Diego Union-Tribune offers Suit challenging Frye's candidacy to be argued in Santa Ana court today and Frye in position to score a victory whether she fights on or bows out.


"Final count in Ohio gives Kerry 18,000 more votes"

The Cleveland Plain Dealer offers this report.


Very Few Undervotes in Nevada

The latest issue of Election Administration Reports notes that Nevada had only 38 statewide undervotes for President. It attributes the extraordinarily small number to a "None of the Candidates" option, which garnered 3,688 vote (0.44 percent of all voters).

No doubt, the None of the Candidates option is part of the story of low undervotes, but there may be another. Nevada used electronic voting this election. It may be that electronic voting itself spurs people to choose a candidate who otherwise would have deliberately abstained from voting. This is an understudied subject that needs more attention.

Consider the statistics Michael McDonald gathered on undervoting in the California recall election on the question whether or not Governor Davis should be recalled (paper available here, table on page 5):
Self-reports of non-voting through exit polls: 2.6%
Statewide undervote rate: 4.7%
Punch card county undervote rate: 7.2%
Optical scan undervote rate: 2.8%
DRE: 1.4%

Consider especially the contrast on this question in the undervote rate between Alameda County, using touch screens (0.74%) with L.A. County, using punch cards (just under 9%). These statistics don't prove that electronic voting causes deliberate undervoters to vote, but it is worth further examination. (On the legal problems created by punch card voting disparities, see my earlier analysis.)

If, indeed, the method of voting by touch screen encourages people to choose a candidate who otherwise would abstain, should anything be done about it?


"Campaign-Finance Reform: A Public Choice Perspective

Burton A. Abrams and Russell F. Settle have published this article in the September 2004 issue of Public Choice (subscription required for article access, but you can get the abstract by clicking on the above link).
-- 
Rick Hasen
Professor of Law and William M. Rains Fellow
Loyola Law School
919 South Albany Street
Los Angeles, CA  90015-1211
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rick.hasen@lls.edu
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