Subject: news of the day 2/4/05
From: Rick Hasen
Date: 2/4/2005, 8:43 AM
To: election-law

Electoral Law Symposium Published

You can find a link to the articles in Volume 32, Number 3 of the Federal Law Review (Australia) here. Unfortunately, the articles themselves are not on line without a subscription. Here is the table of contents:



Oral Argument Transcript in Clingman v. Beaver Now Available

You can find it here. Thanks to Robbin Stewart for the link.


Kevin Shelley News

The Sacraemento Bee offers Elections Official Rips Shelley and Núñez gives Shelley incentive to quit.


"Dan Walters: Is it true redistricting reform, or is it just a GOP power grab?"

See this Sacramento Bee column.


"Gov. Ties to Fund Drive Questioned"

The Los Angeles Times offers this report, with the subhead: "Schwarzenegger aides deny that he runs a committee accepting unlimited donations. If he did, state law would restrict contributions." This is hardly surprising, given the vagueness problems with the FPPC regulation that I've flagged in my forthcoming Southern California Law Review paper and my recent L.A.Times oped. The article does not mention a separate FPPC provision that would potentially kick in if "Citizens to Save California" wants to run TV ads within 45 days of the special election featuring Schwarzenegger. That provision limits contributions to $25,000 to fund such ads made at the "behest" of a candidate. The FPPC has taken the position that this would not apply to officeholders like Schwarzenegger, who are not running for reelection on the same ballot (and therefore not "candidates" for purposes of that provision), but perhaps someone will challenge that interpretation. In the meantime, I'm not aware of any constitutional challenge that has been mounted to the FPPC rules. My law review article addresses the constitutional questions in some detail.


"Pataki Concedes That Aide Paid by Republicans Delivered Meals to His Home"

The New York Times offers this report.


"Election Law Raises Limits for Donations"

The New York Times offers this report. Because of a BCRA inflation provision, the individual contribution limits to federal candidates has now risen to $2100.


"Key ruling on rerunning race for governor to come today"

The Seattle Post-Intelligencer offers this report, which begins: "The battle over Washington's gubernatorial election resumes today in Wenatchee, where a Chelan County judge is expected to decide a host of issues that could determine whether a Republican court challenge to Democrat Christine Gregoire's controversial victory has the legal legs to stand trial."


"Compromising Elections"

The Fort Wayne Journal Gazette offers this editorial, which begins: "Anyone who respects the integrity of Indiana’s state and local elections – including Republican Secretary of State Todd Rokita – ought to be concerned about Senate Bill 500. The proposed legislation eliminates bipartisan protections in state law and gives effective control of all elections to the GOP."


New Voting Systems Institute

>From the Center for Governmental Studies website: "In an effort highlighted in Steven Levy’s Newsweek article, 'A Step Forward in the Voting Wars,' CGS and USC/Columbia Digital Government Research Center have announced the creation of a new institute, the Voting Systems Institute (VSI), to support a growing grassroots effort to develop objective test standards for tamperproof, verifiable, and technologically sound voting systems. Against a background of continuing controversy about the reliability, security, and accuracy of voting technology, VSI will work closely with the newly formed Voting Systems Performance Rating (VSPR) effort, which has brought together state and county election officials, computer and security experts, and voting equipment manufacturers to create assessment methods for voting systems." See also the Newsweek article; press release; Voting Systems Institute website.
-- 
Professor Rick Hasen 
Loyola Law School 
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http://electionlawblog.org