"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.

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.

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

If so, you must live in Nevada.

"Targeting Soft Money"

In These Times offers this report.

"follow the Campaign Money"

Derrick Jackson has written this column for the Boston Globe.

"Voters Complain Of Problems At Polls"

News from Las Vegas.

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

The Washington Independent offers this report.

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

Check out this flyer.

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.'"

"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.

"House and Senate shatter fundraising records for midterm election"

WaPo reports.

"Top Ten Districts in Outside Spending"

Interesting.

"Court stays out of Driehaus billboard spat"

The latest from Ohio.

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.

"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 "

"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.

"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.

"PACs Skim Millions From Worker Paychecks"

"Paycheck protection" from corporations?

"Dueling ballot measures will decide who draws the lines"

CA Props. 20 and 27 in the news.

-- 
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