Subject: Electionlawblog news and commentary 6/14/06 |
From: Rick Hasen |
Date: 6/14/2006, 6:14 AM |
To: election-law |
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."
See this report
in the LA Daily News.
See this
opinion piece appearing in the Sacramento Bee.
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.
The following announcement has arrived via email:
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.
Rep. Artur Davis has this
oped in The Hill.
Laughlin McDonald has this
opinion piece in the Atlanta Journal Constitution.
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.
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."
The Cincinnati Post offers this
report. You can find the plaintiff's documents in this lawsuit here.
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