“Editorial: Wertz and crew should resign”

Strong words from the Roanoke Times ed. board: “Another Election Day passes, and Montgomery County electoral officials mess things up again. The county no longer should stand for errors that undermine the credibility of the electoral process. If Registrar Randy Wertz and electoral board members Dean Dowdy and Helen Young do not resign, the State Board of Elections should seek their removal.”

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“Disenfranchised Voter Seeks to Join Top Two Primary Case”

See this press release.

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“The Campaign Jungle”

NYT editorial: “The time has come for the Department of Justice to step in and pursue criminal complaints against the candidate PACs. Limits on spending used to prevent donations from becoming outright bribes, but now the limits are gone, and the path to corruption is clear.”

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“Our View: Brennan, ranked-choice voting both winners; Portland can have confidence in its new mayor and the system used to count the votes.”

See this editorial in the Press-Herald.

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“City files appeal to high court over ballot ruling”

The latest from Colorado. More here.

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Does Americans Elect Have a Point-by-Point Rebuttal to Offer to My Oped?

Yesterday I noted that this letter to the editor from Americans Elect in response to my Politico oped did not respond to my three main points about the problem with the group: “(1) the group has offered no reason to fail to disclose its donors; (2) its internet election plans are troubling because they are insecure; and (3) the group’s by-laws and draft rules allow the Board to overrule voters who participate in choosing a candidate.”

Richard Winger, in this post, reported the following: “Political science professor Darry A. Sragow, also a California Democrat, has written this response to the Politico editor, disputing Hasen’s points. However, he does not attempt a detailed rebuttal, because Politico wouldn’t let him post his own full op-ed, and limited him to a short letter.”

When I saw this, I wrote to Richard and offered Americans Elect up to 2,000 words on my blog to include a detailed rebuttal.  (My own oped was about 1,000 words.)  Richard has communicated this to Americans Elect.  We shall see if Americans Elect chooses to offer a detailed rebuttal on this site, on its own site, or anywhere else.

 

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“The Growing Use of Corporate Governance to Regulate Corporate Political Activity”

Allen & Overy have this ePublication.

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“Two Super PACS set to support Howard Berman campaign”

The “Berman v. Sherman” blog (I kid you not) of the Jewish Journal reports.  The subhead of the blog is “two Jews, one district.”

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Americans Elect Responds to My Oped, Does Not Dispute My Points on Disclosure, Transparency, or Lack of Democracy

Read the letter to the editor here.  I raised three points: (1) the group has offered no reason to fail to disclose its donors; (2) its internet election plans are troubling because they are insecure; and (3) the group’s by-laws and draft rules allow the Board to overrule voters who participate in choosing a candidate.

The letter does not respond to any of these points directly.  Instead it says: ” Hasen echoes concerns about the Americans Elect process, none of which are new. We would be happy to explain our process to him and we think he will conclude they are unfounded. But this expert on the status quo of election law in this country, instead of reaching out to us for a discussion of his concerns, chose to issue a public broadside.”

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“The Case for Reforming Presidential Elections by Subconstitutional Means: The Electoral College, the National Popular Vote Compact, and Congressional Power”

Vik Amar has posted this draft on SSRN (forthcoming, Georgetown Law Journal).  Here is the abstract:

his essay addresses and debunks various criticisms of the National Popular Vote Compact movement, including the suggestion that a move to a national popular presidential election would undermine federalism or regionalism values and the notion that a national popular vote would produce plurality winners and/or embolden third-party candidates. The essay then turns to the key question of whether a national popular vote with different voting rules in each state is workable, and in particular the sources of power Congress has to remedy any problems with the design of the current National Popular Vote Compact plan being adopted by many states. There are good arguments in favor of Congressional power to iron out difficulties, especially once a compact is up and running. For this reason, the idea floated by some that only a constitutional amendment can bring about a national popular vote is misguided.

I’ll be interested in reading this, because Derek Muller’s paper convinced me that the compact clause objection to NPV was a very serious one.

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“Colbert super-PAC members flood FEC with fundraising comments”

The Hill reports.  This is actually an incredibly effective strategy to put public attention on an important advisory opinion request that would have flown mostly under the radar.

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“Gerrymanders by Any Standard”

Nick Stephanapoulos blogs.

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“A different view on whether the of ranked-choice voting in San Francisco was “effective’”

Following up on this post, Doug Johnson posted the following comments to the election law listserv, which I reprint here with his permission:

According to the November 10 numbers from the Department of Elections, the final round tally in the San Francisco Mayoral election was 79,147 votes for Ed Lee, 51,788 for John Avalos, and 48,983 “exhausted” ballots. “Exhausted” means the ballot did not contain a vote for either Lee or Avalos, thus the voter was excluded from sharing his/her preference in the final runoff.

Percentage-wise, Ed Lee won the vote of 43.4% of voters participating in the Mayoral election. John Avalos received the final vote of 28.4% of voters participating in the election. And 28.2% of voters casting ballots in the Mayoral primary were blocked from expressing their preference in the final runoff (26.9% were exhausted and 1.3% were over/under votes).

In fact, less than half of those not voting for Lee or Avalos in the first round listed either of them as their #2 or #3 choices. In the first round, 89,681 voters cast ballots for Lee and Avalos, while 90,431 voters preferred other candidates as their first choice. As those other candidates were eliminated, 41,254 additional votes were added to Lee and/or Avalos. But 48,983 ballots were “exhausted” and dropped from the counts.

By a 48,983 to 41,254 margin, San Francisco’s ranked-choice runoff system excluded the views of more participating voters than it added.

No system is perfect: without any runoff, Lee would have won 31% to 19%, with 50% of the voters participating not casting a vote for either of the top two. With a traditional runoff, the lower turnout that sometimes occurs would also mean some of the primary voters would not cast ballots in the runoff, though I would argue that is different because that would be by their choice, not by the design of the election system (and note that in some local CA elections, runoff turnout is higher than primary turnout). In SF, it is the election system that dictates the exclusion of some voters from the final decision whenever the counting goes more than three rounds. [I should acknowledge what's surely going through Larry Levine's mind right now: the election system in place influences campaign decisions, so this paragraph's comparisons to alternative systems are imperfect because candidates made decisions knowing they were in a RCV system.]

Amidst the cheerleading for ranked-choice voting, I believe it is important to remember that the RCV system has substantial drawbacks too. I welcome the discussion of whether the drawbacks of RCV are less than the drawbacks of traditional no-runoff or later-runoff elections, but I would encourage all debaters to acknowledge that RCV is also far from perfect.

 

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Number of “Dating” Lobbyists Expected to Rise in Sacramento

The latest loophole?

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“Who Gets to Vote?”

Erica Woods has written this interesting opinion piece on felon disenfranchisement for the New York Times new “Campaign Stops” blog.

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“Second Lawsuit Filed Challenging Maryland’s Congressional Map”

Here.

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“Carl P. Leubsdorf: Republicans put up roadblocks for Democrats”

See this column. [corrected link]

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Lessig on Money and Politics

The Boston Review interview.  I now have a copy of Republic, Lost which I look forward to reading.

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“Despite the Fanfare, Little Proof of Election Irregularities”

Scott James has written this opinion piece on the recent San Francisco election for The Bay Citizen/New York Times.

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“Is This the Ugliest Redistricting Cycle Ever?”

Stu Rothenberg writes.

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“K Street Files: Which Campaign Groups Deserve Tax-Exempt Status?”

Roll Call reports on Americans Elect and others.

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“Judge Approves Democratic-Friendly Map in Colorado”

Roll Call reports.

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“American Crossroads Makes Absurd Request to FEC to Use Absurd FEC Regulation to Treat Coordinated Activities as Not Coordinated”

Fred Wertheimer writes.

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“San Francisco Voters Effectively Used Rank Choice Voting”

FairVote has issued this press release.

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“Portland declares ranked choice voting a success”

See here.

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“Libertarian leads by one vote in Indiana town, Shirley.”

Here.

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No Overtime in Va, as Democrat Concedes

WaPo: “Because the vote was so close, Houck could have requested a recount. Friends and supporters had encouraged him to do so, but Houck said he did not think he could overcome Reeves’s lead once it grew beyond 200.”

There must be more to the story here, because 200 is a pretty small margin.

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More on Americans Elect

Following up on my op-ed yesterday about a potential democracy deficit at Americans Elect, I learned of this important piece from Micah Sifry back in July.  Our Oregon also did this series on the group.

A number of readers wrote to me, with some claiming the group is meant to help Obama’s reelection and others that it is a Wall Street shill meant to hurt his reelection chances.

A reader also confirmed what my students reported to me: that of the subset of the 2 million people who’ve signed up for the group and answered their opinion polls, the average answers skew to the left.  That does not seem to be the leaning of many of the leaders of the group.

Finally, thanks to the Burns & Haberman blog for taking notice of the oped.  They are not on my blogroll yet, but will be.  One of the projects I plan to undertake soon is a revamping of the blogroll.  Suggestions welcome (though not necessarily followed).

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“‘Off-off year election’ still brings plenty of storylines”

That’s the lead story in this week’s Electionline Weekly.

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Michigan Seeks VRA Preclearance from Court, Not DOJ

The trend continues.

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“Elections board reverses itself on tech school IDs at polls”

News from Wisconsin.

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“New ‘super PAC’ forms to back Howard Berman”

The LA Times reports.  Meanwhile, his opponent, Brad Sherman, was giving out combs at my daughter’s high school yesterday.  That’s his schtick.

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“Aspen election commissioner wants outside opinion”

The latest from Colorado.  More here.

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“Virginia Senate District 17: An Election Geek’s View”

Doug Chapin blogs.

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“A Democracy Deficit at Americans Elect?”

I have written this opinion piece for Politico.  It begins:

The new group Americans Elect is trying to ease the path for an independent presidential candidate chosen by voters in a national Internet primary to appear on the election ballot in all 50 states. This is a tall order — achieving national ballot access for a third-party candidate to run against President Barack Obama and the Republican nominee is complicated and expensive.

Enthusiasm for this group is growing. But it could be misplaced. Tom Friedman said in The New York Times that Americans Elect will do to the two-party duopoly “what Amazon.com did to books, what the blogosphere did to newspapers, what the iPod did to music [and] what drugstore.com did to pharmacies.” Perhaps.

Rather than gush about this group, I fear many aspects of it: its secrecy; the uncertain security for its Internet election and, most important, the lack of democracy in its system for electing a presidential nominee.

While it is providing voters a path to choose a presidential ticket through the democratizing force of the Internet, the process can, in fact, be overruled by a small board of directors, who organized the group. This board is to have unfettered discretion in picking a committee that can boot the presidential ticket chosen by voters if it is not sufficiently “centrist” and even dump the committee if it doesn’t like the direction it’s heading.

 

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Preston Considering Further Appeal in 4th Circuit Case Upholding Lobbyist Contribution Ban

BNA reports.

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“U.S. District Court Says FEC Need Not Have Investigated Whether Opponents of Nader 2004 Ballot Access Broke Campaign Finance Laws”

BAN reports.

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Freudian Slip of the Day?

“We have a culture in Washington, D.C., where these corporate lobbyists have these cozy relationships with the people that they’re regulating.”

–Rick Perry, in the other gaffe of the night during the Republican debate.

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“Between the Lines: Interim 2012 Map Expected Soon in Texas”

Roll Call reports.

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“Ambiguities in campaign finance rules allow big money to work in the dark”

The American Independent reports.

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Add Alabama and Ga. to List of States Claiming Voting Rights Act Unconstitutional

See amicus briefs from Alabama, Arizona and Georgia, and the Mountain States Legal Foundation filed in the Shelby County case challenging the preclearance provisions of the Voting Rights Act.

I’ll have more to say on this soon.

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The Wrong Kraushaar and Voter Purges

Another example of what happens when people make casual assumptions about identity based upon incomplete information.

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Wertheimer on Republicans Taking Public Financing for their Party Convention but Opposing a Fix of Public Financing System

Shame on you.

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“Election law foils City Barbeque promo”

News from Ohio.  I’ve written about this many times, including the infamous Ben & Jerry’s incident.

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“Common Cause files to participate in redistricting suit”

Politics in Minnesota reports (via RedistictingOnline.org).

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“Voting Rights Restored in Maine, Restricted in Mississippi”

Ari Berman blogs.

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Posted in election administration, The Voting Wars | Comments Off

The Latest on Control of the Va Senate

WaPo: “Local elections officials will count provisional ballots on Wednesday in the race between Houck and Republican Bryce Reeves. State officials did not know how many ballots remain. A recount could take weeks, and would not begin until the State Board of Elections officially certifies the results. A Republican pick up of two seats would evenly divide the 40-member chamber among Republicans and Democrats. Any tie votes would be broken by Lt. Gov. Bill Bolling (R).”

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“Arizona Court Blocks Temporary Return of Booted Redistricting Chief”

Roll Call reports.

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Harsh Language from Judge Against Colorado SOS Gessler

Denver Post: “A Denver judge unloaded on Colorado Secretary of State Scott Gessler on Tuesday, suggesting he overstepped his authority when he raised the campaign-finance threshold for ‘issue committees’ and saying Gess ler isn’t ‘some roving do-gooder’ who may unilaterally fix problems with state law.”

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Demos Statement on Maine Vote

Here.

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