Subject: Re: [EL] more news II 11/1/10
From: David Donnelly
Date: 11/1/2010, 5:37 PM
To: "JBoppjr@aol.com" <JBoppjr@aol.com>, "rick.hasen@lls.edu" <rick.hasen@lls.edu>, "election-law@mailman.lls.edu" <election-law@mailman.lls.edu>

Re: [EL] more news II 11/1/10
Jim Bopp: “I say there is nothing frightening about holding public officials accountable for their conduct in office.  Judges are supposed to faithfully apply the law and not use their judicial power to impose their own personal policy preferences.  These judges imposed their own personal policy preferences, thereby violating their oath of office, and should pay the price.  Good riddance to judicial activists.” (irony in original?)

If only US Supreme Court justices were elected by the people?


On 11/1/10 8:16 PM, "JBoppjr@aol.com" <JBoppjr@aol.com> wrote:

Rick Hasen says:
"New Iowa Poll: Voters tilt toward axing justices"
Frightening news <http://www.desmoinesregister.com/article/20101031/NEWS09/10310356/New-Iowa-Poll-Voters-tilt-toward-axing-justices>  from Iowa (via Wash Wire <http://blogs.wsj.com/washwire/2010/11/01/iowa-voters-split-on-removing-state-justices-for-gay-marriage-ruling/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+wsj%2Fwashwire%2Ffeed+%28WSJ.com%3A+Washington+Wire%29> ).
Posted by Rick Hasen at 11:30 AM <http://electionlawblog.org/archives/017724.html>  
 
I say there is nothing frightening about holding public officials accountable for their conduct in office.  Judges are supposed to faithfully apply the law and not use their judicial power to impose their own personal policy preferences.  These judges imposed their own personal policy preferences, thereby violating their oath of office, and should pay the price.  Good riddance to judicial activists.  Jim Bopp
 
In a message dated 11/1/2010 4:13:26 P.M. Eastern Daylight Time, hasenr@gmail.com writes:

November 01, 2010

 
"Justices won't take up sequel to Citizens United  decision"


Law.com's "Supreme Court Insider" reports <http://www.law.com/jsp/nlj/PubArticleSCI.jsp?id=1202474248905&src=EMC-Email&et=editorial&bu=National%20Law%20Journal&pt=Supreme%20Court%20Insider&cn=20101101sci&kw=Justices%20won%27t%20hear%20sequel%20to%20Citizens%20United%20decision> .
 
Posted by Rick Hasen at 12:54 PM <http://electionlawblog.org/archives/017732.html>   
 
 
Federal District Court in Minnesota Rejects Request for TRO in  Tea Party Garb /"Please ID Me" Button Lawsuit


You can read the judge's order here <http://electionlawblog.org/archives/Minnesota%20Majority%20order.pdf> .
 
Posted by Rick Hasen at 12:38 PM <http://electionlawblog.org/archives/017731.html>   
 
 
Control of the Senate


Though Senator Cornyn seems  to concede <http://thehill.com/blogs/blog-briefing-room/news/126697-cornyn-will-probabaly-take-two-cycles-for-gop-to-get-senate>  that Republicans will not take the Senate in this election, if  it is very close there are open questions about whether Sen. Murkowski, if she  is reelected, will caucus <http://www.politico.com/news/stories/1110/44481.html>   with the Republicans. There is also some nervousness <http://elections.firedoglake.com/2010/10/28/fdls-election-projection-challenge-place-your-bets/>   expressed by Democrats that Sen. Lieberman could caucus with  Republicans.

More to the point for this blog, I think it is fairly  likely we won't know the results of the U.S. Senate races in Alaska or  Washington state by Wednesday morning, unless the polling of those races has  been way off. So things may up in the air for a while.
 
Posted by Rick Hasen at 12:34 PM <http://electionlawblog.org/archives/017730.html>   
 
 
"The voter fraud & intimidation stories you won't hear  about on Fox"


interesting item <http://mediamatters.org/research/201011010027>  from  Media Matters.
 
Posted by Rick Hasen at 12:16 PM <http://electionlawblog.org/archives/017729.html>   
 
 
"CPA finds solid business leader support for corporate  political disclosure and accountability in new survey"


See this  press release <http://www.politicalaccountability.net/index.php?ht=a/GetDocumentAction/i/4088> .
 
Posted by Rick Hasen at 12:00 PM <http://electionlawblog.org/archives/017727.html>   
 
 
"Dead Voters" and the Early Vote


In writing about the "dead voter" non-phenomenon a few days ago <http://electionlawblog.org/archives/017683.html> , I  mentioned that despite a few real examples, "dead voters" far more often  either aren't dead, aren't voters, or are different people altogether from  those flagged in state records.
 

I should have added that even finding real deceased voters doesn't always  reveal unlawful activity. For example, legitimate voters have died after <http://articles.baltimoresun.com/1995-08-24/news/1995236093_1_voting-machines-vote-fraud-criminal-conspiracy/2>   election day. And a timely new Virginia Attorney  General's opinion <http://www.oag.state.va.us/OPINIONS/2010opns/10-104-Lind.pdf>  reminds me that early voting provides yet another  category of "dead voters" without fraud: voters who cast legitimate ballots  before election day but then pass away before the polls close. With the  increase in non-polling-place voting more generally, I wouldn't be surprised  to see a few more of these anecdotes cropping up.
 
Posted by Justin Levitt at 11:52 AM <http://electionlawblog.org/archives/017728.html>   
 
 
"Handbook on Corporate Political Activity: Emerging Corporate  Governance Issues"


The Conference Board has issued this  report <http://www.conference-board.org/publications/publicationdetail.cfm?publicationid=1867> .
 
Posted by Rick Hasen at 11:41 AM <http://electionlawblog.org/archives/017726.html>   
 
 
Speechnow: The Glass is More than Half Full


The cert  denial press release <http://www.campaignfreedom.org/newsroom/detail/us-supreme-court-declines-to-review-speechnoworg-free-speech-case> .
 
Posted by Rick Hasen at 11:37 AM <http://electionlawblog.org/archives/017725.html>   
 
 
"New Iowa Poll: Voters tilt toward axing justices"


Frightening news <http://www.desmoinesregister.com/article/20101031/NEWS09/10310356/New-Iowa-Poll-Voters-tilt-toward-axing-justices>   from Iowa (via Wash  Wire <http://blogs.wsj.com/washwire/2010/11/01/iowa-voters-split-on-removing-state-justices-for-gay-marriage-ruling/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+wsj%2Fwashwire%2Ffeed+%28WSJ.com%3A+Washington+Wire%29> ).
 
Posted by Rick Hasen at 11:30 AM <http://electionlawblog.org/archives/017724.html>