Subject: Electionlawblog news and commentary 6/14/06
From: Rick Hasen
Date: 6/14/2006, 6:14 AM
To: election-law

"FEC, BCRA Sponsors Seek Dismissal Of Broad Challenge to Ad Funding Limits"

BNA offers this report (paid subscription required) on the CCL v. Maine case. A snippet: "After ruling last month against a CCL motion to expedite, the Supreme Court had given the FEC and congressional intervenors in the case until June 12 to file a response to the bid for a preliminary injunction. The high court on June 7 ordered that deadline extended to July 12, meaning that no further Supreme Court action will take place in the CCL case before the Court ends its current term at the end of June."


"Bilingual ballot fate debated; English-only bills gain; Voting Act scrutinized"

See this report in the LA Daily News.


"Marie Cocco: Ohio toughens balloting rules for naturalized voters"

See this opinion piece appearing in the Sacramento Bee.


"The GOP and Campaign Finance Reform"

Bob Bauer has this new post.


Single Subject Challenges to Remove Controversial Ballot Measures from the Ballot

Howard Bashman links to this news coverage from Colorado about this decision of the Colorado Supreme Court to keep a measure related to benefits for illegal immigrants off the ballot. (Howard also provides this link about an attempt---though apparently not on single subject grounds---to have the Michigan Supreme Court keep a controversial affirmative action measure off the ballot in November as well.)

I thought a lot about the single subject rule this year, teaching the subject in both my election law and legislation courses. I am coming to the conclusion that states should simply amend their constitutions to eliminate the rule. I am beginning to think (though I'm open to contrary arguments) that the rule leaves too much discretion in the hands of judges to remove measures from the ballot they don't like as a matter of substance, and that voters are smart enough not to vote for a measure that has significant unpalatable parts just to get a provision they like. (In any case, so long as the unpalatable and palatable parts are on the same subject, the single subject rule does nothing to police this problem.)

I would be interested in hearing about initiatives in jurisdictions that don't have the single subject rule, or where it is not enforced.


Georgetown Law Journal Symposium on the Law of Politics

The following announcement has arrived via email:



"Good Hearings Today [Roger Clegg]"

See this post at NRO's "The Corner," about this hearing held today by the Senate Judiciary Committee on renewal of section 203 of the Voting Rights Act.


"Voting Rights Act is still needed to build on progress"

Rep. Artur Davis has this oped in The Hill.


"Don't throw redistricting stones at Voting Rights Act"

Laughlin McDonald has this opinion piece in the Atlanta Journal Constitution.



More Answers to Senate Judiciary Committee Questions

Nate Persily's answers are here. I received Ted Shaw's answers, but the file is too large for me to post (I hope to get a link later). I'll post other witness answers when I receive them.


"Online Voter Registration is the Answer"

Ned Foley has written this comment, which begins: "Controversy currently rages in both Florida and Ohio over their new laws regulating voter registration efforts by third-party groups. Civil rights organizations and other non-partisan entities, like the League of Women Voters, have long engaged in voter registration drives in order to increase participation in the franchise by eligible citizens. The practice of recruiting new registrants, however, has intensified recently, especially during presidential elections in battleground states, and some of the newer groups involved in the process, like Moveon.org, clearly favor one political party and its candidates."


"Suit: Open up judicial races"

The Cincinnati Post offers this report. You can find the plaintiff's documents in this lawsuit here.


Askin Responds to Bellmore on ACLU Report

Responding to these comments on the ACLU felon disenfranchisement report, Frank Askin writes:

-- 
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