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
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
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.
Posted by Rick Hasen at 08:50 AM
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
If so, you must live in Nevada.
Posted by Rick Hasen at 08:35 AM
Derrick Jackson has written this
column for the Boston Globe.
Posted by Rick Hasen at 08:25 AM
The Washington Independent offers this
report.
Posted by Rick Hasen at 08:18 AM
Check out this
flyer.
Posted by Rick Hasen at 08:15 AM
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
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
WaPo reports.
Posted by Rick Hasen at 08:31 PM
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
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
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
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
"Paycheck protection" from corporations?
Posted by Rick Hasen at 02:42 PM
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
(213)736-1466
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org