Subject: Electionlawblog news and commentary 8/14/06
From: Rick Hasen
Date: 8/14/2006, 7:28 AM
To: election-law

"Hispanics to have big say on Bonilla in new 23rd; Overruled redistricting kept GOP incumbent safe, but that's over"

A.P. offers this report.


"Still Battling Voter Suppression"

Jabari Asim offers this Washington Post column.


"Pushing the Limits; Lawmakers try to extend their terms. Voters balk."

John Fund offers this Wall Street Journal column.


"Bush's Bumbling Won't Benefit State's Democrats"

George Skelton has written this LA Times column, which begins: "California Democrats -- especially U.S. House candidates -- should be poised to clean up in November because of President Bush's bungling, but they're not. And it's their own fault. They've gerrymandered themselves out of the action."


"Creating Space for Speech on the Issues"

Bob Bauer and Larry Gold have written this Roll Call oped (paid subscription required), which begins: "On Aug. 29, the Federal Election Commission will consider adopting a rule, to take effect immediately, that authorizes unions, other nonprofits and business corporations to finance 'grass-roots lobbying' ads in the period before November elections. Without this rule, any such ad, on any policy issue, within 60 days of the general election would be prohibited if it referred to elected officials who happened also to be candidates. The proposed rule tightly would condition this exemption on the content of the ads, strictly disallowing any electoral messages in support of or opposition to the named candidate." Bob amplifies his thoughts and responds to critics of his oped piece with Jan Baran that appeared in last week's NY Times here.


"Should Voting Be Mandatory? (6 Letters)"

These letters ran in today's NY Times, in response to this oped by Norm Ornstein.


"Suit Filed Over Land Petition"

The uncertainty created by Padilla v. Lever hits Santa Clara county. I would hope that the Ninth Circuit will issue its en banc opinion soon to end the uncertainty.


"Westmoreland clarifies position on Voting Rights Act"

The Times-Herald (Ga.) offers this report.


"Let's Make Our Elections a Fair Race (5 Letters)"

These letters to the editor respond to this oped published Aug 8 in the NY Times by Jan Baran and Bob Bauer.


"Todd J. Gillman: No 'Sore Loser' Law in Lieberman's Way"

See this report in the Dallas Morning News.


"Governor, Angelides seize initiatives as ammunition"

The Contra Costa Times offers this report on how California gubernatorial candidates are using initiatives as part of a political strategy, something I've written about in Parties Take the Initiative, 100 Columbia Law Review 731 (2000) and Rethinking the Unconstitutionality of Contribution and Expenditure Limits in Ballot Measure Campaigns, 78 Southern California Law Review 885 (2005). See also this Contra Costa Times article on the large ballot California voters will face in November.


Two Commentaries on Redistricting/Term Limits Reform in California

See the opinion pieces by Dan Weintraub and Dan Walters.


"Political campaign financing is an unholy mess. Is state funding the alternative?"

See this report from New Zealand. Thanks to Andrew Geddis for the pointer.


"Md. Judge Rules Early Voting Unconstitutional"

AP offers this report, which begins: "Early voting in Maryland is illegal because the state's constitution allows only one day of voting, an Anne Arundel County Circuit Court judge ruled Friday." I don't know the particulars of the Maryland Constitution, but I do know that similar challenges under the U.S. Constitution have failed. UPDATE: The opinion is here. The federal authorities I was thinking of were distinguished by the state court judge, though I would not be surprised to see this holding reversed on appeal. But the court also found language in the statute requiring that voting take place in a voter's precinct, which could prevent early voting in some other locations. I am not familiar enough with Maryland law to know how likely it is that this reasoning will be upheld on appeal. 
-- 
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 Albany Street
Los Angeles, CA  90015-1211
(213)736-1466
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rick.hasen@lls.edu
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