"Gessler & Rep. Holbert push for citizenship
verification in voter rolls"
The Colorado Secretary of State's office has issued this
press release. I have posted the report referenced in the
release at
this link.
Posted by Rick Hasen at
06:38
AM
"Lax Internal Revenue Service rules help groups
shield campaign donor identities"
The Washington Post offers this
report.
Posted by Rick Hasen at
08:11
PM
"Pulling the Trigger on Public Campaign Finance:
The Contextual Approach To Analyzing Trigger Funds"
George LoBiondo has written this
Fordham Law Review note on the issue before the
Supreme Court in McComish.
Posted by Rick Hasen at
12:41
PM
"Redistricting and Territorial Community"
Nicholas Stephanopoulos has posted this
draft on SSRN (forthcoming, University of Pennsylvania
Law Review). Here is the abstract:
As the next redistricting cycle begins, the courts are stuck in
limbo. The Supreme Court has held unanimously that political
gerrymandering can be unconstitutional - but it has also
rejected every standard suggested to date for distinguishing
lawful from unlawful district plans. This Article offers a way
out of the impasse. It proposes that courts resolve
gerrymandering disputes by examining how well districts
correspond to natural geographic communities. Districts ought to
be upheld when they coincide with such communities, but struck
down when they needlessly disrupt them.
This approach, which I call the "territorial community test,"
has a robust theoretical pedigree. In fact, the proposition that
communities develop geographically and require legislative
representation has won wide acceptance for most of American
history. The courts have also employed variants of the test
(without scholars previously having noticed) in several related
fields: reapportionment, racial gerrymandering, racial vote
dilution, etc. The principle of district-community congruence
thus animates much of the relevant case law already. The test is
largely unscathed, furthermore, by the unmanageability critique
that has doomed every other potential redistricting standard.
The courts have shown for decades that they can evaluate
district and community boundaries, and the social science
literature confirms the feasibility of such evaluation. Finally,
the political implications of the test's adoption would likely
be positive. My empirical analysis suggests that partisan bias
would decrease, relative to the status quo, while electoral
responsiveness and voter participation would rise.
It is true that the territorial community test does not directly
address partisan motives or outcomes. But the Court has made
clear that it views these issues as doctrinal dead ends.
Ironically, the only way left to combat gerrymandering might be
to strike at something other than its heart.
Posted by Rick Hasen at
12:36
PM