Subject: Re: [EL] Another election problem in New York
From: Douglas Johnson
Date: 11/6/2010, 5:21 PM
To: 'Rick Hasen' <rick.hasen@lls.edu>, 'Election Law' <election-law@mailman.lls.edu>

The predictions that election contest lawyers would be very busy after last Tuesday is certainly providing accurate. The latest new controversy, from AP:

 

NEW YORK — A congressional election on eastern Long Island that had appeared to end in victory for a four-term Democrat, U.S. Rep. Tim Bishop, is now up for grabs after authorities discovered they had misreported the result of the vote. Officials with the Suffolk County Board of Elections said they discovered Friday that the unofficial tally released in the hours after the polls closed was off by thousands. A routine check of voting machine memory cards showed that instead of leading by about 3,500 votes, Bishop was trailing Republican challenger Randy Altschuler by a little less than 400. Board of Elections commissioner Wayne Rogers said the original numbers were reported by telephone and relayed through intermediaries before being entered into the county's computer system. "Somewhere within that process, some of these numbers must have been transcribed incorrectly," he told The Associated Press on Saturday.

 

http://www.msnbc.msn.com/id/40044923/ns/politics-decision_2010/

 

- 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

 

 

 

From: election-law-bounces@mailman.lls.edu [mailto:election-law-bounces@mailman.lls.edu] On Behalf Of Rick Hasen
Sent: Saturday, November 06, 2010 5:01 PM
To: Election Law
Subject: [EL] Electionlawblog news and commentary 11/6/10

 

November 06, 2010

"Charles Lane: The Democrats' looming Electoral College problem"

Interesting.

Posted by Rick Hasen at 04:59 PM

"Foley faces uphill battle in election challenge"

The Connecticut Post offers this report.

Posted by Rick Hasen at 04:55 PM

"Judge Lets CREW Pursue Revised Suit Challenging Enforcement Practices of FEC"

BNA reports.

Posted by Rick Hasen at 04:31 PM

Read the Redistricting Lawsuit in Florida

Following up on at this link. In addition to raising a somewhat unusual claim under section 5 of the VRA, the complaint also alleges a violation of the U.S. Constitution, Article I, Section 4, which vests in each state legislature the power to choose the rules for selecting members of Congress (subject to congressional override). I don't think that argument is likely to succeed, for reasons I've explained in this article on a related topic: the ability to use the ballot measure process for changing the rules for choosing presidential electors.

Posted by Rick Hasen at 04:28 PM

"Political Funds Remain an Asset for Many Ex-Lawmakers"

The NY Times offers this report.

Posted by Rick Hasen at 01:11 PM

The latest on the Alaska Count

Here.

Posted by Rick Hasen at 01:08 PM

"Election-night robocalls tied to company working on Ehrlich campaign"

The Washington Post offers this report.

Posted by Rick Hasen at 01:05 PM

November 05, 2010

"

 

"Removal of Iowa judges may inspire similar efforts"

AP offers this report.

Posted by Rick Hasen at 03:41 PM

"NON-PARTY SPENDING DOUBLED IN 2010 BUT DID NOT DICTATE THE RESULTS"

Another interesting report from the Campaign Finance Institute.

Posted by Rick Hasen at 03:36 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