Subject: Re: [EL] Electionlawblog news and commentary 11/2/10
From: Joseph Birkenstock
Date: 11/2/2010, 2:34 PM
To: Allison Hayward Gmail <allisonhayward@gmail.com>, Bill Maurer <wmaurer@ij.org>, Rick Hasen <Rick.Hasen@lls.edu>, Election Law <election-law@mailman.lls.edu>

Allison - as I and other Democrats prepare for tonight's "victory" parties (perfectly appropriate under certain, uh, *open-minded* definitions of "victory"), I thought I'd quickly see your and Bill's reference to Lizard People and raise you.  Here's a link to a new short story published today by Hugo Award winner John Scalzi entitled, "An Election."
 
http://whatever.scalzi.com/2010/11/01/an-election-a-short-story-presented-by-subterranean-press/
 
Just a quick teaser: the protagonist is a human being running for a city council seat from a majority alien district - "alien" here meaning "not from Earth" as opposed to "not from the US."  In fact, the entire electoral platform of one alien candidate is that we should all be allowed to eat each other's pets.  Literally.  Here's that candidate's opening statement at their debate:
“People of the third district, I will not lie to you,” Nukka Farn Mu said to the audience, baring his sharp, cruel teeth as he did so. “Your pets are delicious to me. I have tasted them. Oh, yes, I have. I resent the local, state and federal laws that do not allow me to prey upon them as I will—or would allow you to do the same to my pets, if I had them, which I do not, because I would have eaten them by now. In the land of my forefathers, the idea that animals as delicious as pets would be kept as companions would be met with derision. I wish to bring that wisdom to this, our common land. If you elect me, I will do everything in my power to make this mighty dream a reality. All other considerations bow before this sacred task. I look forward to the day when we all—every race, every people—feast together on these delicious animals known as pets. Thank you.”
Apologies for continuing the digression from anything actually having to do with elections and law, but some of us are going to need a bit of escapist fiction over the next couple days. 
 
Best,
Joe
 

___________________________
Joseph M. Birkenstock, Esq.
Caplin & Drysdale, Chtd.
One Thomas Circle, NW
Washington, DC 20005
www.capdale.com/jbirkenstock
(202) 862-7836
*also admitted to practice in CA

 
 


From: election-law-bounces@mailman.lls.edu [mailto:election-law-bounces@mailman.lls.edu] On Behalf Of Allison Hayward Gmail
Sent: Tuesday, November 02, 2010 1:12 PM
To: 'Bill Maurer'; 'Rick Hasen'; 'Election Law'
Subject: Re: [EL] Electionlawblog news and commentary 11/2/10

Weird?  Speak for yourself, Bill.

 

What became of tolerance and inclusion on the listserv for diverse points of view?  I mean, I have yet to see evidence that Kris Kristofferson isn’t reptilian.  Prove he’s not.

 

I’m waiting…

 

A.

 

P.S. does the foreign contribution ban extend to donors who are reptilian shape shifters?  I don’t think there’s an AO on point.

 

From: election-law-bounces@mailman.lls.edu [mailto:election-law-bounces@mailman.lls.edu] On Behalf Of Bill Maurer
Sent: Tuesday, November 02, 2010 12:40 PM
To: Rick Hasen; Election Law
Subject: Re: [EL] Electionlawblog news and commentary 11/2/10

 

Rick,

 

With regard to the “lizard people” and recount story, Joel Connelly should have done a bit more research into “lizard people” – it’s not just an isolated bit of weirdness, but a fairly well-known conspiracy theory that manages to incorporate shape-shifting reptilian humanoids, anti-Semitism, soccer, morning television, turquoise suit jackets, world domination, and George Bush in a spaghetti-strap red dress into one big ball of weirdness. 

 

http://en.wikipedia.org/wiki/David_Icke

 

The connection to the Minnesota recount is probably through the former Governor of the state, who is a big believer in many conspiracy theories.

 

Bill

 

 


From: election-law-bounces@mailman.lls.edu [mailto:election-law-bounces@mailman.lls.edu] On Behalf Of Rick Hasen
Sent: Tuesday, November 02, 2010 9:32 AM
To: Election Law
Subject: [EL] Electionlawblog news and commentary 11/2/10

 

November 02, 2010

Federal District Court, in Rejecting Tea Party-Requested Restraining Order, Finds that Polling Place is a Limited Public Forum for First Amendment Purposes

See this article about this decision issued late last week. Thanks to Michael Solimine for passing these along.

Posted by Rick Hasen at 09:28 AM

"High campaign spending during midterm elections could affect 2012 race"

WaPo offers this report.

Posted by Rick Hasen at 09:16 AM

Two from NPR's Morning Edition

Tracking the Money Spent on Campaign Ads (Peter Overby) and For Voters Who Need Help, Sites and Apps Aplenty (Pam Fessler).

Posted by Rick Hasen at 09:11 AM

"Recount Bait: Six Tight Races"

Politico reports.

Posted by Rick Hasen at 09:06 AM

Using FOIA for Recount Purposes

Scroll down here to the entry beginning: "The Alexi Giannoulias campaign..."

Posted by Rick Hasen at 09:03 AM

"Sleepy judge vote a focal point of Iowa election"

AP offers this report.

Posted by Rick Hasen at 09:00 AM

"The Law of Politics: Elections, Parties and Money in Australia"

Graeme Orr has just written this book for Federation Press in Australia. The book is described as "the first dedicated monograph on the law on democratic politics in Australia. It synthesises the law on elections, with a central focus on political parties, parliamentary elections and referenda at Federal and State levels."
I look forward to reading this book. I am a huge fan of Graeme's earlier work, and found it very helpful as I tried to understand both Australian election administration issues and campaign finance issues. Highly recommended!

Posted by Rick Hasen at 08:54 AM

"The Real Prize in Tuesday's Elections"

Mother Jones on redistricting.

Posted by Rick Hasen at 08:50 AM

"As Fewer Vote, The Fringe Dominate"

DeWayne Wickham has written this USA Today column.

Posted by Rick Hasen at 08:47 AM

"Why the 'voter fraud' myth won't die"

This item appears on the "Facing South" blog.

Posted by Rick Hasen at 08:44 AM

"Election Day 2010 Voting Problems Expected; Call Centers Are Open"

Dan Froomkin reports at HuffPo.

Posted by Rick Hasen at 08:40 AM

November 01, 2010

"'Lizard People': Election recounts lawyered up, ready

Joel Connelly has written this column for the Seattle PI.

Posted by Rick Hasen at 09:51 PM

WWE Cancels Giveaway After DOJ Warning

Following up on this post, see here.

Posted by Rick Hasen at 08:52 PM

Patience in Alaska Count

Election officials don't even have plans to try to count all the ballots Tuesday.

Posted by Rick Hasen at 08:37 PM

"Parties Deploy Lawyers With Recounts in Mind"

CQ-Roll Call offers this report.

Posted by Rick Hasen at 08:32 PM

"No Doubt About This: Record Spending"

CQ-Roll Call offers this report.

Posted by Rick Hasen at 08:28 PM

"Supreme Court won't hear new campaign finance challenge"

WaPo offers this report.

Posted by Rick Hasen at 08:23 PM

More Hysteria

Washington Times editorial: Watch for voter fraud "epidemic" tomorrow. It would be sad if the effect of this were not so pernicious.

Posted by Rick Hasen at 05:14 PM

Another One

Jacksonville (Fla): Brown campaign offers free meals for early voters. Wonder if a letter will be coming from DOJ?

Posted by Rick Hasen at 05:08 PM

Payment for Voting Issue Gets More Serious with DOJ Letter to WWE

I've been blogging a lot about this question, from tacos to ice cream: federal law is clear that you cannot offer any incentive for people to turn out to vote, in elections when federal candidates are on the ballot. So I praised WWE (associated with Conn. Republican Senate candidate McMahon) when they announced free giveaways near polling places on a "first come, first served" basis, without proof of voting. So I was surprised when DOJ sent this warning letter to WWE. I wonder whether others have gotten such a letter. In any case, WWE has affirmed that one need not vote to get the gear, and that should end the matter. If this was targeted only at WWE and not sent to other entities similarly situated, I'd find that troubling.

Posted by Rick Hasen at 05:03 PM

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Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 Albany Street
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rick.hasen@lls.edu
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