Subject: [EL] Alaska Question
From: "Bonin, Adam C." <ABonin@cozen.com>
Date: 10/26/2010, 10:49 AM
To: Rick Hasen <Rick.Hasen@lls.edu>, Election Law <election-law@mailman.lls.edu>

What do the Voting Rights Act and HAVA (as well as caselaw) say as to requiring the provision of assistance to facilitate write-in voting?

 

--Adam Bonin

 

 



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From: election-law-bounces@mailman.lls.edu [mailto:election-law-bounces@mailman.lls.edu] On Behalf Of Rick Hasen
Sent: Tuesday, October 26, 2010 11:54 AM
To: Election Law
Subject: [EL] Electionlawblog news and commentary 10/26/10

 

October 26, 2010

"Evil Men in Black Robes: Slate's judicial election campaign ad spooktacular!"

Dahlia Lithwick and I have written this new ghoulish piece for Slate. It begins: "If you're a fan of The Exorcist and Carrie, if you like sex and violence and ominous music, you've come to the right place. Because we have gathered some of the most spine-chilling Halloween footage you will ever see--all produced in an effort to influence state judicial elections."
Be sure to check out the slide show of the creepiest judicial election ads this cycle, then go back to the main article and cast your vote for your, um, favorite. Here's a screenshot from the slide show.

evil-men.png

Posted by Rick Hasen at 08:50 AM

Two from NPR's Morning Edition

Listen to No Opponent, But Big Money In Illinois Justice's Race and Efforts To Prevent Voter Fraud Draw Scrutiny.

Posted by Rick Hasen at 08:39 AM

Did Justice O'Connor Wake You at 1 AM to Talk About Judicial Elections?

If so, you must live in Nevada.

Posted by Rick Hasen at 08:35 AM

"Targeting Soft Money"

In These Times offers this report.

Posted by Rick Hasen at 08:30 AM

"follow the Campaign Money"

Derrick Jackson has written this column for the Boston Globe.

Posted by Rick Hasen at 08:25 AM

"Voters Complain Of Problems At Polls"

News from Las Vegas.

Posted by Rick Hasen at 08:22 AM

"As Outside Money Flows In, Party Committees Lose Influence"

The Washington Independent offers this report.

Posted by Rick Hasen at 08:18 AM

Three Interesting ABA Administrative Law Panels on Election Law at Nov. 4 Meeting

Check out this flyer.

Posted by Rick Hasen at 08:15 AM

Common Cause Report on Jim Bopp Now Available

Following up on this post, you can now find the Common Cause-commissioned report, "The Man Behind our Secret Elections: James Bopp Jr.: New Report Examines Radical Activist and His Drive to Dismantle Election Laws, at this link. I have not had a chance to read it yet. Bopp responds to the report in quotations in this BNA article. "Bopp told BNA in an Oct. 25 E-mail that Common Cause has lost the debate about campaign finance regulation and 'having no meritorious arguments left, ...resorts to personal attacks.' Bopp added that the new report 'is a effort to kill the messenger.'"

Posted by Rick Hasen at 08:10 AM

October 25, 2010

"In Alaska Senate Race, Front-Runner Isn't on Ballot"

The NYT offers this report. In related news, the Anchorage Daily News offers Parties Dispute Use of Election Write-In List. Here is a copy of the Democrats' complaint. I have not yet seen the Republican complaint. Here is a photocopy of the official write-in list from Alaska election officials.

Posted by Rick Hasen at 08:34 PM

"House and Senate shatter fundraising records for midterm election"

WaPo reports.

Posted by Rick Hasen at 08:31 PM

"Top Ten Districts in Outside Spending"

Interesting.

Posted by Rick Hasen at 05:42 PM

"Court stays out of Driehaus billboard spat"

The latest from Ohio.

Posted by Rick Hasen at 04:56 PM

California Appellate Court Rejects Another (Indirect) "Birther" Challenge

Today the California Court of Appeal, Third district, decided Keyes v. Bowen. Here is the introduction:

This appeal concerns the sufficiency of a petition for writ of mandate filed by what have come to be known as "Birthers," people who claim President Barak Obama is not a natural born citizen of the United States of America and, hence, is ineligible to be the President.

Plaintiffs Alan Keyes, Wiley S. Drake, Sr., and Markham Robinson appeal from the judgment of dismissal entered after the trial court sustained, without leave to amend, demurrers of defendants President Obama, Vice President Joseph Biden, the 55 California Presidential Electors of 2008 (the Electors), and Secretary of State Debra Bowen. Plaintiffs contend that the trial court erred because, they contend, there is a "triable issue of material fact" concerning whether the Secretary of State has the affirmative duty to verify that candidates seeking elective office are eligible for office. They also argue the court erred in determining that it lacked jurisdiction to resolve certain issues raised in the petition. In plaintiffs' view, there is "a triable issue of material fact as to which branch of government, and what office within that branch, has the duty to ensure that all candidates on a California ballot meet the eligibility requirements to hold office."

Plaintiffs' contentions lack merit. Among other things, we conclude that the Secretary of State does not have a duty to investigate and determine whether a presidential candidate meets eligibility requirements of the United State Constitution. As we will explain, the presidential nominating process is not subject to each of the 50 states' election officials independently deciding whether a presidential nominee is qualified, as this could lead to chaotic results. Were the courts of 50 states at liberty to issue injunctions restricting certification of duly-elected presidential electors, the result could be conflicting rulings and delayed transition of power in derogation of statutory and constitutional deadlines. Any investigation of eligibility is best left to each party, which presumably will conduct the appropriate background check or risk that its nominee's election will be derailed by an objection in Congress, which is authorized to entertain and resolve the validity of objections following the submission of the electoral votes.

Posted by Rick Hasen at 04:30 PM

"Donation to Rove-tied group sparks Gold's Gym revolt"

Salon: "Four Bay Area gyms will leave the Gold's brand in response to big donations by Gold's owner to anti-gay candidates "

Posted by Rick Hasen at 03:15 PM

"Gay marriage foes back push to oust Iowa justices "

AP offers this report. I'll have more to say about this year's judicial elections campaigns soon.

Posted by Rick Hasen at 02:59 PM

"Kamala Harris filing complaint over GOP group's ad, 'shouting from the rooftops' about its backers"

Looks like a new push to try to skirt California's very good disclosure requirements for political ads.

Posted by Rick Hasen at 02:49 PM

"PACs Skim Millions From Worker Paychecks"

"Paycheck protection" from corporations?

Posted by Rick Hasen at 02:42 PM

"Dueling ballot measures will decide who draws the lines"

CA Props. 20 and 27 in the news.

Posted by Rick Hasen at 02:36 PM

-- 
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 Albany Street
Los Angeles, CA  90015-1211
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rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org