Subject: Re: [EL] DoJ blocks election-day giveaways in CT. Any action in NV?
From: Rick Hasen
Date: 11/2/2010, 10:46 AM
To: Douglas Johnson
CC: 'Election Law' <election-law@mailman.lls.edu>

First a correction.  I did not mean to accuse the congressional candidate of "apparent lawmaking."  I meant "apparent lawbreaking."  Quite a Freudian slip.

The problem with the Miller directive the paragraph that seems to say:  this is all just fine under Nevada law and that this stuff happened in 2008.  This suggests the state has no problem with breaking federal law (I guess we'll know what that's like in CA if Prop. 19 passes!).  If I were writing the press release I would have said something along the  lines of the following:  In state elections when there are no federal candidates on the ballot, it is legal to give gifts for turnout (though not for voting in a particular way).  But in elections in which federal candidates are on the ballot, giving gifts for turnout is a violation of federal law.



Rick

On 11/2/2010 10:42 AM, Douglas Johnson wrote:

Amazing how often this stuff happens.

 

I didn't view SoS Miller's directive as that confusing -- I thought he said (as clearly as he could politically while apparently knowing he's wrong) that anyone with complaints should contact the FBI because the actions were not a violation of the state laws. Do you have a different reading of it?

 

I'm sure the army of lawyers on the ground in Nevada today are having a wild day.

 

- Doug

 

From: Rick Hasen [mailto:Rick.Hasen@lls.edu]
Sent: Tuesday, November 02, 2010 10:31 AM
To: Douglas Johnson
Cc: 'Election Law'
Subject: Re: [EL] DoJ blocks election-day giveaways in CT. Any action in NV?

 

The Nevada Secretary of State Ross Miller issued what I view as a confusing directive on the question.  I blogged about it here:

http://electionlawblog.org/archives/017607.html

I blogged about a less ambiguous case of apparent lawmaking by a Congressional candidate in Florida here:

http://electionlawblog.org/archives/017744.html

In that post I asked a similar question:  where's the DOJ on this one?

Rick

On 11/2/2010 10:27 AM, Douglas Johnson wrote:

I saw this news from CT and wondered if there's been either (1) any support for the charges of 'thanks for voting' give-aways in Nevada and (2) any DoJ intervention in NV similar to what's been done in CT?

 

"WWE Chief Executive Vince McMahon has dropped his company’s plan to give away merchandise at some Nutmeg State polling locations, according to the Connecticut Post, after a receiving a letter Monday from the Justice Department."

 

http://www.politico.com/blogs/senate-races-2010/1110/No_WWE_swag_at_Conn_polls.html?showall

 

Just curious. I don't have any evidence or involvement in either state.

 

- Doug

 

Douglas Johnson

Fellow

Rose Institute of State and Local Government

Claremont McKenna College

o 909-621-8159

m 310-200-2058

douglas.johnson@cmc.edu

www.RoseReport.org

 

 



-- 
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

-- 
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