Electionlawblog news and commentary 7/14/06

Republicans File Opening Brief in 5th Circuit Tom DeLay Ballot Case

You can find it here. On page 19 is a sentence that may come back to haunt some Republicans: "[Vote] Dilution occurs when, as in Bush v. Gore, 531 U.S. 98, 104-110 (2000), the ballots are not counted using the same standards, or when, for example, at-large election districts are used to reduce the voting power of minorities." Under the expedited schedule announced by the court, briefing will be complete and oral argument possible by July 31.

"Gov. Seeks Deal That Would Ease Term Limits"

The LA Times offers this report showing that the term limits/redistricting commission deal is not yet dead. Notable quote for the governor on why he now favors a citizen commission:

"People feel in many ways if they're more in charge of things and empowered, then that is better," the governor said.
"This time, we're trying to do it in a different way."

I'm already picturing the new commercials, with Harry and Louise sitting around the kitchen table, trying to make sense of how to comply with section 2 of the Voting Rights Act, Shaw v. Reno, and the California constitution in drawing district lines that improve competitiveness.

Lawsuit Against California Legislature's Amendment of Prop. 36

Back on June 22, I wrote this post noting a unique way that the California legislature was trying to amend Prop. 36. If its measure was found to violate Prop. 36, it required that the measure appear on the ballot for voter approval as an amendment to Prop. 36. Now, this complaint has been filed and a judge has issued a TRO against enforcement of the new law.

Some Testimony from Senate Judiciary Committee LULAC Hearing

Here is the testimony of Sherrilyn Ifill and Nina Perales.

"Redistricting and the Courts"

Jeff Wice has published this letter to the editor in the Washington Post.

VRA News and Views

You can find news coverage of yesterday's House vote for H.R. 9 in the New York Times, Washington Post and Los Angeles Times. Bob Bauer sounds relieved and Ed Blum threatens litigation.

Meanwhile, Senate leader Bill Frist predicted that the VRA will pass the Senate, but he did not commit on timing: "Frist said he did not yet know whether the vote would be this month or after the Senate returns from its August break, but said passage would be 'this year for sure.'"

LULAC Redistricting Plan on Remand

Charles Kuffner has the details.

More testimony from Senate Paper Hearing on Election Observers, Etc.

See Kay James's testimony here, supporting voter identification laws.

When the VRA Passes the Senate, Who Will Challenge It in Court?

Perhaps Rep. Westmoreland, who, in this strongly worded statement, writes: "We needed 218 votes in the House but we'll only need five votes on the Supreme Court. Justice will prevail. The honor of Georgia will be restored." This is unfortuntate, but not unexpected.

-- 
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
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