Author Archives: Dan Tokaji

ELJ 10:3 Now Available; Preview of 10:4

The new issue of Election Law Journal (10:3) is now available at this link. The table of contents appears below.

The next issue of ELJ (10:4) will feature five articles on nonprofit political activities after Citizens United, guest co-edited by Lloyd Mayer, with contributions from Richard Briffault, Ellen Aprill, Lloyd himself, Donald Tobin, and Nancy McGlamery & Rosemary Fei. It will also include Rick Hasen’s article on the Supreme Court’s election law docket from 2001-10, and book reviews by Alex Keyssar, Ned Foley, and Mike Pitts.

ELJ 10:3 – Table of Contents

The Party Line: Looking Backward and Forward, by Daniel P. Tokaji and Paul Gronke

Articles

How Fair Can Be Faster: The Lessons of Coleman v. Franken, by Edward B. Foley

Convenience Voting Can Affect Election Outcomes, by Marc Meredith and Neil Malhotra

The Very Partisan Nonpartisan Top-Two Primary: Understanding What Voters Don’t Understand, by Mathew Manweller

After the GAO Report: What Do We Know About Public Election Funding?, by Michael G. Miller

Response

GAO Response to “After the GAO Report: What Do We Know About Public Election Funding?”  by William O. Jenkins, Jeff Tessin, and Anna Maria Ortiz

Forum: Non-Precinct Voting

Adding Up the Costs and Benefits of Voting by Mail, by Charles Stewart

Non-Precinct Place Voting and Election Administration, by Douglas Chapin

Voting at Non-Precinct Polling Places: A Review and Research Agenda,  by Robert M. Stein and Greg Vonnahme

Comment

Redistricting Developments of the Last Decade—and What’s on the Table in This One, by Michael P. McDonald

Book Review

Voter Fraud in the United States: Real or Imagined?, by Susan D. Hyde, reviewing Lori Minnite’s The Myth of Voter Fraud

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Welcome Back, Rick

Thanks to Rick for allowing me to guest-blog and, more important, for the service he provides to the election law community through his day-in-and-day-out blogging.  At least for me, it was pretty much a full-time job to keep on top of everything, even with extra coffee and lots of pointers from blog and listserv readers (for which, by the way, I’m grateful).  I’m still not sure how Rick manages to do this on a regular basis.  Some people just seem to find more hours in the day, I guess…. Best, Dan

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“Redistricting gets rolling in Ohio with Republicans holding the pen”

The Cleveland Plain Dealer has this story.

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“Still the Struggle to Vote”

Laughlin McDonald and Laura Murphy of the ACLU have this comment on the VRA and South Carolina’s recently enacted voter ID law.

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DC Cir Holds Fannie and Freddie’s Campaign Contibution Records Aren’t Covered by FOIA

The opinion in Judicial Watch v. FHFA is here.

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More on Mystery Donor Revelation

The WaPo, Slate, and Boston Globe have stories on the revelation that former Bain Capital executive Ed Conard is the man behind the $1 million contribution to the pro-Romney SuperPAC that was made in the name of W Spann LLC.   There are responses from Democracy 21 and Campaign Legal Center, who filed a complaint with the FEC yesterday on the matter.  On a related but lighter note, Steven Hayward has this post on the initial version of D21′s press release yesterday.

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States Rights and the Voting Rights Act

Jesse Jackson, Barbara Arnwine, and Janet Mathis have this commentary in Politico for the VRA’s 46th birthday.

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“Dissatisfaction + redistricting = huge turnover in Congress”

The Fix identifies 10 districts ripe for taking by the other party.

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“Dems, GOP cite ’65 voting law in remapping debates”

AP reports here.

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Newspaper Claims Lack of Transparency by CO SOS

See this post, on the Center Post-Dispatch’s request that Colorado Secretary of State petition a court for release of grand jury transcripts from an investigation of alleged election irregularities.

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Mystery Donor Revealed

Politico reports here that the person responsible for the $1 million donation to the pro-Romney SuperPAC in the name of W Spann LLC is … [drumroll please]

Ed Conard, a former Bain Capital official with long ties to Romney.  

Well, that seems kinda anticlimactic.

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Complaint Against Donor to Pro-Romney SuperPAC

Democracy 21 and Campaign Legal Center have filed an FEC complaint against mystery donor W Spann LLC and the Doe(s) behind it. Democracy 21′s press release is here and CLC’s here.

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Voting Groups Ask DOJ to Deny Preclearance of SC Voter ID Law

See this story on this letter from the ACLU, Lawyers Committee, Brennan Center, and League of Women Voters.

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Allegations of Voter Intimidation in WI

Things are really getting down and dirty in the Wisconsin recall.  Wisconsin Jobs Now, a progressive group that’s been having block parties to encourages early and absentee voting, alleges that a Republican candidate and conservative group (We’re Watching Wisconsin Elections) are intimidating voters by photographing and recording them.  The Milwaukee Journal Sentinel blogs here.  This follows a complaint and DA investigation into whether Wisconsin Jobs Now has violated state law by offering something of value in exchange for voting.

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“It’s redistricting roulette in upstate New York”

The Fix has this post.

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“Will 2012 Be the End of the Presidential Public Financing System?”

Open Secrets asks and answers the question here.

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Now in Print: From Registration to Recounts Revisited

Last month, my Moritz colleagues and I released From Registration to Recounts Revisited, a status report on election administration in five midwestern states generously funded by the Joyce Foundation.  A PDF version can be downloaded here, and we now have a limited number of print versions available for distribution.  If you’d like one, please let Steve Huefner or me know.

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“$30M spent in Wisconsin recall elections”

USA Today reports here and ABC News here.

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Investigation into WI Absentee Ballot Claims

Reuters has this story on the Milwaukee DA’s investigation into claims that two groups — one conservative (WRTL) and the other liberal (Wisconsin Jobs Now) — may have violated state law by giving something of value in their efforts to get voters to cast absentee ballots in recall elections.

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“Voter fraud new partisan weapon in elections fight”

That’s the focus of electionline.org’s weekly newsletter.

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The Tax-Exemption Battle in the Fox v. Media Matters War

Politico has this report on Fox Business’ investigation, alleging that Media Matters has put its tax-exempt status in jeopardy by engaging in partisan activity through its criticism of News Corp.

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Colbert on AFP’s Absentee Ballot Mailer in WI

“Holy Schlitz!”

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Winkler on “Gotcha” Questions

At SCOTUSblog, Adam Winkler has this post on potentially game-ending questions, in Citizens United and the Affordable Care Act litigation.

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Denial of Rehearing in Puerto Rico Representation Case

Howard Bashman notes here the 1st Circuit’s 3-3 vote, denying rehearing in a case by Puerto Rico U.S. Citizens claiming a right to vote for a U.S. House representative under the International Covenant on Civil and Political Rights.  The order along with concurring and dissenting opinions may be found here.

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Roundup on Mystery Donation to Romney SuperPAC

Still more on this story, from Michael Isikoff on MSNBC, National Journal, NPR, and WaPo, plus commentary from Alexandra PetriBrad SmithBen Smith, and David Weigel.

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Chapin’s Blog Roll for Electiongeeks

On his new blog.

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NYT on Disclosure by Federal Contractors

This editorial urges President Obama to issue an executive order on the subject.

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Torres-Spelliscy: Give Shareholders Say on Corporate Money

Ciara Torres-Spelliscy has this commentary on Roll Call.

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“Some states’ push for earlier GOP primaries creates chaos for Republican leaders”

WaPo reports here on some states’ intent to hold their primaries earlier than Republican Party rules permit. The “problem children” are Arizona, Florida, and Michigan. (Really? Again?)

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“John Edwards donor to plead guilty to illegal donations”

Politico’s Josh Gerstein reports here on the guilty plea by L.A. Attorney Pierce O’Donnell, which follows the Ninth Circuit’s reinstatement of charges last year (unrelated to the indictment against Edwards for using donor money to cover up his affair and out-of-wedlock child).

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IL Republicans Release Proposed Congressional Map

In their lawsuit challenging the congressional redistricting plan signed in June, Illinois Republicans have presented their own “fair map,” which you can view here.  You can check the status of redistricting developments in Illinois and every other state, including litigation, on Justin Levitt’s marvelous All About Redistricting website.

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Quote of the Day

“If Attorney General Biden doesn’t act soon, Delaware is likely to turn into the Cayman Islands of political fundraising,”

     – David Donnelly, Public Campaign Action Fund, asking for investigation into $1 million mystery contribution to pro-Romney superPAC

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WI Absentee Ballot Requests Mishandled

According to this report, some absentee ballot applications solicited by non-party groups for the recall elections have been sent to the wrong clerk’s office.  Wisconsin has some 1850 separate electoral jurisdictions, because elections are administered at the municipal rather than the county level – and it turns out there are multiple muncipalities with names like “Franklin” and “Washington.”  What a mess!

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“Public Campaign Financing in California: A Model Law for 21st Century Reform”

The Center for Governmental Studies has released this report.  From today’s press release announcing it: 

The Center for Governmental Studies (CGS) today released a new report and model law recommending that California adopt a comprehensive new approach to the way state candidates raise funds to conduct their campaigns. Public Campaign Financing in California: A Model Law for 21st Century Reform, urges replacing larger, private campaign contributors with small campaign donors and public campaign financing….

The proposed California Campaign Reform Act aims to (1) reduce the negative influence of large contributions on candidates, officeholders and public policy; (2) free candidates and office holders from the time pressures of fundraising; (3) increase the time they devote to discussing urgent issues; (4) increase citizen participation in the electoral process; and (5) encourage new candidates to run for office.

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NCSL’s Election Newsletter

This month’s issue of The Canvass, the National Conference of State Legislatures’ election reform newsletter, includes features on vote centers, early and absentee voting, and voter ID.

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More on Mystery Contribution to Pro-Romney SuperPAC

From The Caucus.

Update:  Fred Wertheimer comments here.

Update 2:  Still more, from TPM.

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John Anderson on Proportional Voting

Roll Call has this commentary (subscription required).

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“Toward SEC Rules on Disclosure of Political Spending”

The HLS Forum on Corporate Governance and Financial Regulation has this post from Lucian Bebchuk and Robert J. Jackson, Jr., based upon an SEC rulemaking petition from them and eight other prominent corporate and securities law professors.

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“DSCC asks Justice to halt Florida voting law”

Ben Smith has this post on Politico, regarding a letter from the Democratic Senatorial Campaign Committee to DOJ’s voting rights section, asking that it deny preclearance of Florida’s recent changes to third-party voter registration, early voting, and provisional voting rules.  In so doing, DSCC joins a similar request from civil and voting rights groups.  But according to this post from the Miami Herald blog and this editorial, Florida’s Secretary of State has now asked for judicial preclearance of some provisions of the law, including those concerning registration and early voting.

Update:  The Florida Secretary of State’s office defends its decision to seek judicial preclearance of parts of its new voting law.

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House and Senate Working on “Honest Services” Amendment

BNA reports here ($) that “[t]he Senate Judiciary Committee has advanced new legislation to close gaps in federal anti-corruption laws created by recent court decisions, and key Senate lawmakers said they now are working closely with their House colleagues to craft a bill that can be enacted into law.”  The bill reportedly includes amendments to the “honest services” mail and wire fraud statute, which Skilling v. United States held includes bribery and kickbacks but not undisclosed self-dealing.

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CO SOS Won’t Allow County to Enforce Its Own Campaign Finance Rules

An interesting state/local relations issue, arising from Pitkin County’s campaign finance rules, which include a $500 contribution limit.

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Sunshine on the Supercommittee

Sunlight Foundation is calling for transparency by the debt-reduction supercommittee.  Sunlight also has posted a debt ceiling legislative action calendar.

Update:  AP reports here on Public Campaign’s demand that supercommittee members refrain from all political fundraising.

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“Firm gives $1 million to pro-Romney group, then dissolves”

Michael Isikoff has this report on MSNBC.com.  “Mysterious, very mysterious,” as the Backyardigans might say (sorry, but this is what happens to your pop culture references when you have a two-year old).

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Gift Cards for Absentee Ballots in WI?

The Milwaukee Journal Sentinel reports here on an email announcing that WRTL and Family Action coalition were ”offering rewards [in the form of $25 and $75 gift cards] for volunteers who make an impact over the weekend by educating and encouraging family and friends to voted [sic] by absentee ballot” in the July recall primary.  Milwaukee Assistant DA Bruce Landgraf, who’s got a strong record of prosecuting election crimes, is reportedly looking into whether there’s been a violation of state law.

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“Obama fundraising targets very large, very small donors”

The WaPo reports here.

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Hasen Tweets

If you’re missing Rick’s wit and insight during his blogging break, make sure to check him out on Twitter.  Recent tweets include ones on the Obama fundraiser, Wisconsin recall, and “fraudulent fraud squad.”

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“Is the Democratic Party’s Superdelegate System Unfair to Voters?”

Josh Ryan addresses the question in this manuscript, to be published in Electoral Studies.  Here’s the abstract:

Among the reasons for the historic nature of the 2008 Democratic primary race was the attention paid to the “superdelegates”. The competitiveness of the primary and the important role the superdelegates played has led to calls for reform. This paper develops a formal model that explains why superdelegates selected one candidate over the other and why some superdelegates committed early in the primary season while others waited. Hypotheses are tested using an original dataset collected during the 2008 Democratic primary. The results suggest that although some superdelegates made their decision based on personal, idiosyncratic factors, for many superdelegates, Democratic voters played the most important role in their commitment process.

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“Rivals in G.O.P. Struggle to Woo Bush’s Donors”

The NYT has this report.

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Wang: An Orwellian campaign finance system

Eric Wang has this this op-ed on the UK’s campaign finance system in today’s Washington Times.

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Maine EDR Supporters Claim They Have Enough Signatures for Referendum

According to this report, groups seeking to reverse the elimination of election day registration say they’ve collected enough signatures to get their referendum on the November ballot, but those signatures still need to be verified.  In related news, the Portland Press Herald has this column on the allegations of voter fraud that helped fuel the Maine legislature’s elimination of EDR.

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