"Nominee Gave Quiet Advice on Recount"

The New York Times offers this report, which begins: "John G. Roberts advised Gov. Jeb Bush during Florida's presidential recount in 2000, even traveling to Tallahassee from Washington to help him navigate those frenzied 36 days."

Sensenbrenner: VRA Reauthorization Hearings to Begin in Fall

See this otherwise confusing Washington Times report.

"Flaws dooming initiative plans, critics contend"

The San Diego Union-Tribune offers this report. See also Hearing Slated Over Redistricting in the Los Angeles Times, Energy Industry Seeks to Delete Proposition in the Sacramento Bee, and Lawmakers, civil rights groups join fight over governor's proposal by A.P.

"Timing and Turnout in Ohio"

Walter Mebane offers this analysis on voting disparities and racial discrimination in the 2004 presidential election in Ohio.

Campaign Finance and a Justice Roberts

From today's Washington Post editorial:

Two other areas where Judge Roberts could shift the court are campaign finance regulation and affirmative action in education. In both areas, Justice O'Connor provided the decisive fifth vote for upholding challenged policies: the McCain-Feingold campaign finance law and race-conscious admissions at the University of Michigan. Judge Roberts's elevation raises the possibility of the court's taking a different course or even reconsidering those holdings, both of which we consider correct. It is particularly important that the court give Congress constitutional leeway to adopt effective campaign finance rules.

I must say I am pleasantly surprised that this issue is getting national attention, and perhaps will even be addressed in the confirmation hearings.

MALDEF Files Suit Against California Initiative

From a MALDEF Press Release I have received:

Proposition 77, the measure to change redistricting in California, is being improperly placed on the upcoming special election ballot, said MALDEF in a federal lawsuit filed today. MALDEF is calling for the state to hold off placing the measure on the Nov. 8 ballot until the state complies with the Federal Voting Rights Act. The lawsuit follows a separate state court action by the California Attorney General which also challenges the process by which petitioners gathered signatures for a version of the proposal that differed from the one approved by the Attorney General.

The lawsuit, Martinez v. Monterey County (United States District Court, Northern District, San Jose Division) asserts that the Secretary of State and County officials’ certification and preparations for an election on Proposition 77 violates Section 5 of the federal Voting Rights Act, which is designed to protect minority voters. Under the Act, all changes to voting procedures in certain counties of California, including Monterey County, may not be implemented without first obtaining federal approval.

“Proposition 77's proponents violated the California constitution and election code by filing one version of their ballot initiative to change the way congressional and state legislative districts are redrawn in California, but then collected signatures on another version, giving the state Attorney General no opportunity to review those changes,” said MALDEF Attorney Steven J. Reyes. “And by certifying Proposition 77 for a November 8 election, the Secretary of State has changed the rules for initiative ballot measures.”...

"Georgia's Undemocratic Voter Law"

The New York Times offers this editorial, which begins: "Georgia has passed a disturbing new law that bars people from voting without government-issued photo identification and seems primarily focused on putting up obstacles for black and poor voters. The Justice Department is now weighing whether the law violates the Voting Rights Act. Clearly it does, and it should be blocked from taking effect."

-- 
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 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