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Election Law Blogger
Rick Hasen (posts)
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Books by Rick
The Voting Wars: From Florida 2000 to the Next Election Meltdown (Yale University Press, coming summer 2012)
Preorder from
Amazon
Barnes and Noble
NEW! Order the e-Chapter sneak preview for reading now:
The Fraudulent Fraud Squad: Understanding the Battle Over Voter ID: A Sneak Preview from "The Voting Wars: From Florida 2000 to the Next Election Meltdown
The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore (NYU Press 2003) NOW IN PAPER
Book introduction
Table of Contents
Order from Amazon.com
Order from BarnesandNoble.com
Journal of Legislation Symposium on book
The Glannon Guide to Torts: Learning Torts Through Multiple-Choice Questions and Analysis (Aspen Publishers 2d ed. 2011)
Election Law--Cases and Materials (4th edition 2008) (with Daniel Hays Lowenstein and Daniel P. Tokaji
Remedies: Examples & Explanations (Aspen Publishers, 2d ed. 2010)Election Law Resources
Election Law--Cases and Materials (4th edition 2008) (with Daniel Hays Lowenstein and Daniel P. Tokaji)
Election Law Journal
Election Law Listserv homepage
Election Law Teacher Database
Repository of Election Law Teaching Materials (2011 update)
Blogroll/Political News Sites
All About Redistricting (Justin Levitt)
American Constitution Society
Balkinization
Ballot Access News
Brennan Center for Justice
The Brookings Institution's Campaign Finance Page
Buzzfeed Politics
California Election Law (Randy Riddle)
Caltech-MIT/Voting Technology Project (and link to voting technology listserv)
The Caucus (NY Times)
Campaign Legal Center (Blog)
Campaign Finance Institute
Center for Competitive Politics (Blog)
Center for Governmental Studies
Doug Chapin (HHH program)
Concurring Opinions
CQ Politics
Demos
Election Updates
Fairvote
Election Law@Moritz
Electionline.org
Equal Vote (Dan Tokaji)
Federal Election Commission
The Fix (WaPo)
The Hill
How Appealing
Initiative and Referendum Institute
Legal Theory (Larry Solum)
Political Activity Law
Political Wire
Politico
Prawfsblawg
Roll Call
SCOTUSblog
Summary Judgments (Loyola Law faculty blog)
Talking Points Memo
UC Irvine Center for the Study of Democracy
UC Irvine School of Law
USC-Caltech Center for the Study of Law and Politics
The Volokh Conspiracy
Votelaw blog (Ed Still)
Washington Post Politics
Why Tuesday?
Recent Newspapers and Magazine Commentaries
The Real Loser of the Scott Walker Recall? The State of Wisconsin, The New Republic, April 13, 2012
A Court of Radicals: If the justices strike down Obamacare, it may have grave political implications for the court itself, Slate, March 30, 2012
Of Super PACs and Corruption, Politico, March 22, 2012
Texas Voter ID Law May Be Headed to the Supreme Court, Fort Worth Star-Telegram, Mar. 13, 2012
“The Numbers Don’t Lie: If you aren’t sure Citizens United gave rise to the Super PACs, just follow the money, Slate, Mar. 9, 2012
Stephen Colbert: Presidential Kingmaker?, Politico, Mar. 5 2012
Occupy the Super PACs; Justice Ginsburg knows the Citizens United decision was a mistake. Now she appears to be ready to speak truth to power, Slate, Feb. 20, 2012
Kill the Caucuses! Maine, Nevada, and Iowa were embarrassing. It’s time to make primaries the rule, Slate, Feb. 15, 2012
The Biggest Danger of Super PACs, CNN Politics, Jan. 9, 2012
This Case is a Trojan Horse, New York Times "Room for Debate" blog, Jan. 6, 2012 (forum on Bluman v. FEC)
Holder's Voting Rights Gamble: The Supreme Court's Voter ID Showdown, Slate, Dec. 30, 2011
Will Foreigners Decide the 2012 Election? The Extreme Unintended Consequences of Citizens United, The New Republic (online), Dec. 6, 2011
Disenfranchise No More, New York Times, Nov. 17, 2011
A Democracy Deficit at Americans Elect?, Politico, Nov. 9, 2011
Super-Soft Money: How Justice Kennedy paved the way for ‘SuperPACS’ and the return of soft money, Slate, Oct. 25, 2012
The Arizona Campaign Finance Law: The Surprisingly Good News in the Supreme Court’s New Decision, The New Republic (online), June 27, 2011
New York City as a Model?, New York Times Room for Debate, June 27, 2011
A Cover-Up, Not a Crime. Why the Case Against John Edwards May Be Hard to Prove, Slate, Jun. 3, 2011
Wisconsin Court Election Courts Disaster, Politico, Apr. 11, 2011
Rich Candidate Expected to Win Again, Slate, Mar. 25, 2011
Health Care and the Voting Rights Act, Politico, Feb. 4, 2011
The FEC is as Good as Dead, Slate, Jan. 25, 2011
Let Rahm Run!, Slate, Jan. 24, 2011
Lobbypalooza,The American Interest, Jan-Feb. 2011(with Ellen P. Aprill)
Election Hangover: The Real Legacy of Bush v. Gore, Slate, Dec. 3, 2010
Alaska's Big Spelling Test: How strong is Joe Miller's argument against the Leeza Markovsky vote?, Slate, Nov. 11, 2010
Kirk Offers Hope vs. Secret Donors, Politico, November 5, 2010
Evil Men in Black Robes: Slate's Judicial Election Campaign Ad Spooktackular!, Slate, October 26, 2010 (with Dahlia Lithwick)
Show Me the Donors: What's the point of disclosing campaign donations? Let's review, Slate, October 14, 2010
Un-American Influence: Could Foreign Spending on Elections Really Be Legal?, Slate, October 11, 2010
Toppled Castle: The real loser in the Tea Party wins is election reform, Slate, Sept. 16, 2010
Citizens United: What the Court Did--and Why, American Interest, July/August 2010
The Big Ban Theory: Does Elena Kagan Want to Ban Books? No, and She Might Even Be a Free Speech Zealot", Slate, May 24, 2010
Crush Democracy But Save the Kittens: Justice Alito's Double Standard for the First Amendment, Slate, Apr. 30, 2010
Some Skepticism About the "Separable Preferences" Approach to the Single Subject Rule: A Comment on Cooter & Gilbert, Columbia Law Review Sidebar, Apr. 19, 2010
Scalia's Retirement Party: Looking ahead to a conservative vacancy can help the Democrats at the polls, Slate, Apr. 12, 2010
Hushed Money: Could Karl Rove's New 527 Avoid Campaign-Finance Disclosure Requirements?, Slate, Apr. 6, 2010
Money Grubbers: The Supreme Court Kills Campaign Finance Reform, Slate, Jan. 21, 2010
Bad News for Judicial Elections, N.Y. Times "Room for Debate" Blog, Jan., 21, 2010
Read more opeds from 2006-2009
Forthcoming Publications, Recent Articles, and Working Papers
Fixing Washington, 126 Harvard Law Review (forthcoming 2012) (draf available)
What to Expect When You’re Electing: Federal Courts and the Political Thicket in 2012, Federal Lawyer, (forthcoming 2012)( draft available)
Chill Out: A Qualified Defense of Campaign Finance Disclosure Laws in the Internet Age, Journal of Law and Politics (forthcoming 2012) (draft available)
Lobbying, Rent Seeking, and the Constitution, 64 Stanford Law Review (forthcoming 2012) (draft available)
Anticipatory Overrulings, Invitations, Time Bombs, and Inadvertence: How Supreme Court Justices Move the Law, Emory Law Journal (forthcoming 2012) (draft available)
Teaching Bush v. Gore as History, St. Louis University Law Review (forthcoming 2012) (symposium on teaching election law) (draft available)
The Supreme Court’s Shrinking Election Law Docket: A Legacy of Bush v. Gore or Fear of the Roberts Court?, Election Law Journal (forthcoming 2011) (draft available)
Citizens United and the Orphaned Antidistortion Rationale, 27 Georgia State Law Review 989 (2011) (symposium on Citizens United)
The Nine Lives of Buckley v. Valeo, in First Amendment Stories, Richard Garnett and Andrew Koppelman, eds., Foundation 2011)
The Transformation of the Campaign Financing Regime for U.S. Presidential Elections, in The Funding of Political Parties (Keith Ewing, Jacob Rowbottom, and Joo-Cheong Tham, eds., Routledge 2011)
Judges as Political Regulators: Evidence and Options for Institutional Change, in Race, Reform and Regulation of the Electoral Process, (Gerken, Charles, and Kang eds., Cambridge 2011)
Citizens United and the Illusion of Coherence, 109 Michigan Law Review 581 (2011)
Aggressive Enforcement of the Single Subject Rule, 9 Election Law Journal 399 (2010) (co-authored with John G. Matsusaka)
The Benefits of the Democracy Canon and the Virtues of Simplicity: A Reply to Professor Elmendorf, 95 Cornell Law Review 1173 (2010)
Constitutional Avoidance and Anti-Avoidance on the Roberts Court, 2009 Supreme Court Review 181 (2010)
Election Administration Reform and the New Institutionalism, California Law Review 1075 (2010) (reviewing Gerken, The Democracy Index)
You Don't Have to Be a Structuralist to Hate the Supreme Court's Dignitary Harm Election Law Cases, 64 University of Miami Law Review 465 (2010)
The Democracy Canon, 62 Stanford Law Review 69 (2009)
Review Essay: Assessing California's Hybrid Democracy, 97 California Law Review 1501 (2009)
Bush v. Gore and the Lawlessness Principle: A Comment on Professor Amar, 61 Florida Law Review 979 (2009)
Introduction: Developments in Election Law, 42 Loyola of Los Angeles Law Review 565 (2009)
Book Review (reviewing Christopher P. Manfredi and Mark Rush, Judging Democracy (2008)), 124 Political Science Quarterly 213 (2009).
"Regulation of Campaign Finance," in Vikram Amar and Mark Tushnet, Global Perspectives on Constitutional Law (Oxford University Press (2009)
More Supply, More Demand: The Changing Nature of Campaign Financing for Presidential Primary Candidates (working paper, Sept. 2008)
When 'Legislature' May Mean More than''Legislature': Initiated Electoral College Reform and the Ghost of Bush v. Gore, 35 Hastings Constitutional Law Quarterly 599 (2008) (draft available)
"Too Plain for Argument?" The Uncertain Congressional Power to Require Parties to Choose Presidential Nominees Through Direct and Equal Primaries, 102 Northwestern University Law Review 2009 (2008)
Political Equality, the Internet, and Campaign Finance Regulation, The Forum, Vol. 6, Issue 1, Art. 7 (2008)
Justice Souter: Campaign Finance Law's Emerging Egalitarian, 1 Albany Government Law Review 169 (2008)
Beyond Incoherence: The Roberts Court's Deregulatory Turn in FEC v. Wisconsin Right to Life, 92 Minnesota Law Review 1064 (2008) (draft available)
The Untimely Death of Bush v. Gore, 60 Stanford Law Review 1 (2007)
Articles 2004-2007
Category Archives: election law biz
Brennan Center Elections Attorney Monica Youn — Also a Poet
“For Election Geeks of All Political Stripes”
Nice shoutout about ELB from NCSL, which cautions that not everyone will agree with “Hasen’s slant.” As my inbox can attest!
“MacArthur Grants to Support Campaign Finance Research, Information Sharing, and Efforts to Improve Elections Process”
Must be some happy people in the campaign finance reform world today.
Super Lobbyist Nick Allard to Become Brooklyn Law School Dean
Congratulations Nick!
“Romney’s road to nomination paved by dedicated delegate counter”
WaPo offers this profile of Katie Biber Chen. See also this brief GQ profile in which I am quoted on the importance of Biber’s work for Romney.
Sad News: The NAACP LDF’s John Payton Has Passed Away
A leading lawyer in the civil rights and voting rights world.
California Appellate Court Approves Trial Court’s Cutting Way Down of Gibson’s Attorney’s Fees in Suit under California Voting Rights Act
See here.
“Center for Competitive Politics Names David Keating as its New President”
Congratulations, David!
“Stephen M. Hoersting brings campaign & litigation leadership to DB Capitol Strategies”
See the announcement here. Good luck!
Blogs and Social Media at AALS Event
This panel on which I will participate will be held on Jan. 5 from 1:30 to 2:45 pm in Madison A, mezzanine level.
Very Nice Profile of Bob Stern in the Bakersfield Californian
“A Watchdog for Conservative Ideals”
NYT reports on the Goldwater Institute, which has been active in Arizona campaign finance battles.
Congratulations to Josh Douglas
Josh is one of the winners of the SEALS paper competition for 2011-12, for his draft paper, Procedural Fairness in Election Contests.
Slow Blogging Through New Year’s Day/AALS Panels
With grading, family travel and holidays, expect less frequent updates from me through New Year’s. Updates to the listserv also will be intermittent. For those of you in DC attending the AALS annual conference, I’ll be speaking on January 5 on two panels:
9:00 am – 12:00 pm
Crosscutting Program – The Law and Science of Trustworthy Elections: Facing the Challenges of Internet Voting and Other E-Voting Technologies
The Law and Science of Trustworthy Elections: Facing the Challenges of Internet Voting and Other E-Voting Technologies
1:30 – 2:45 PM
Blogs and Social Media
Concurrent Session (Communications Track)
Details of each program below the fold.
“APPRECIATION: Texas’ Ann McGeehan elects to seek new challenges”
Doug Chapin blogs.
Norm Eisen Confirmed as U.S. Ambassador to the Czech Republic
The former White House ethics czar had a recess appointment which was soon to expire. He had been blocked by Senator Grassley, but it looks like he got an assist from the National Review and was confirmed 70-16. (h/t Eric Brown)
Congrats Norm!
We’re Back, Baby!
This is the first Supreme Court term since 2003 (when I began blogging) in which there was no election law case on the Supreme Court’s docket. (For reasons on the decline of the Court’s election law docket, see here.) Now we have the high-profile, and uncertain, Texas redistricting case, being fast-tracked for argument at the beginning of January.
Further, we may hear as early as Monday if the Court will hear the Bluman foreign campaign spending case. I expect we will also soon have cases dealing with (what I expect will be) DOJ’s failure to preclear South Carolina and Texas’s voter identification laws, as well as a case or more on whether section 5 of the Voting Rights Act remains constitutional.
It should be an interesting ride, especially as the 2012 election season gears up even further.
“Lawyers now can laugh over bid to knock Rahm off ballot”
The Chicago Sun-Times reports.
“Cain’s Legal Team: The Bopp Connection”
The WSJ Law Blog reports.
Debo P. Adegbile, NAACP Lawyer in NAMUDNO, Rumored to Be Nominated to D.C. Circuit [corrected headline]
Via Mike Sacks comes this interesting news. If Adegbile does get a hearing before the Senate Judiciary Committee, I expect Senator Sessions and others to spend a lot of time discussing the constitutionality of section 5 of the Voting Rights Act.
David Becker Named Director of Election Initiatives at Pew
The following announcement arrived via email:
The Pew Center on the States has named David Becker the new director of Election Initiatives, overseeing its entire portfolio of work on election administration. Since 2008, David has managed Pew’s efforts to upgrade voter registration systems. He will now also manage efforts to improve military and overseas voting, assess elections performance through data, and use technology to provide voters with information they need to cast a ballot. David brings more than a decade of experience working to strengthen America’s election system, including seven years as a senior trial attorney in the Voting Section of the Department of Justice’s Civil Rights Division.
Congratulations David!
Sad News: Center for Governmental Studies is Closing Its Doors
The following statement arrived via email:
CGS Statement of Tracy Westen and Bob Stern
With some sadness, but with considerable pride in our accomplishments, we
are closing the Center for Governmental Studies’ offices after 28 years of
service in the public interest. The recession has depleted our funding, and
we cannot continue to operate CGS in its present form. The CGS board and
leadership have therefore reluctantly concluded that it is necessary to
close.
CEO Tracy Westen and President Bob Stern, along with several former CGS
staff members, will complete pending CGS projects and move on to other
ventures. Tracy plans to continue his work on governance reform and online
democracy. Bob expects to continue his work as an expert consultant, public
speaker and political commentator in governance issues.
We have many people to thank for their invaluable contributions: our
brilliant Chairman Emeritus, Rocco Siciliano, and current Chair, Stephen
Rountree, who together guided CGS over the past 28 years; our wise board of
directors, who volunteered many hours of time to support our efforts; our
talented staff and interns, many of whom have moved on to distinguished
careers; our many funders, who enabled us to contribute our creative
energies to the public interest; and countless elected officials, civic
organizations and citizens across the nation, who worked to implement our
recommendations. Some of our recent staff have found new positions; others
are seeking new and challenging opportunities; and many hope to continue
working in the broader public interest. (Our board, staff and funders are
listed at www.cgs.org.)
Tracy Westen and Bob Stern can be reached as follows:
· Tracy Westen, Vice Chair and CEO: tawesten@gmail.com,
310-913-1395 (c)
· Bob Stern, President, rstern2009@gmail.com, 310-573-1889
(h), (310) 382-0904 (c)
Our CGS website (www.cgs.org) can still be accessed, as can our
PolicyArchive (www.policyarchive.org), Video Voter (www.videovoter.org) and
ConnectLA (www.connectlahousing.org) websites. Our books and reports are
available for free downloading at www.cgs.org and www.policyarchive.org.
Over the years, we have been guided by a two-fold principle: that 21st
century democracy can only be improved by efforts both to reform the
underlying structures of government and to use new communications
technologies to inform citizens and help them participate in their
governments. To this end, CGS has researched and proposed governance
reforms and built new systems of online digital democracy. Focusing
initially on California, CGS has also used its expertise to advise state
and local governments across the nation.
Over almost three decades, CGS created a number of important projects:
· California Commission on Campaign Financing, which
published landmark reports on California state, local and judicial
campaign financing, drafted the model laws which became Propositions
68 and 208 on the 1988 and 1996 state ballots, and published the most
comprehensive set of ballot initiative reforms in the nation.
· California Citizens Budget Commission, which in 1995 and
1998 recommended dozens of state budget reforms, some of which have
now been enacted and some which are still being debated for
implementation.
· California Citizens Commission on Higher Education, which
made important recommendations, now needed more than ever, for
solving California’s debilitating “boom-and-bust” cycle of funding
for higher education.
· California Channel (www.CalChannel.com), the nation’s
largest satellite-fed, public affairs cable television channel, now
serving close to six million homes with gavel-to-gavel coverage of
the state legislature’s floor sessions and committee hearings,
governor’s press conferences and occasional California supreme Court
oral arguments, and operated 24 hours a day by the California Cable
Television Association.
· National Center on State and Local Campaign Finance Reform,
which published books, studies and charts on the public financing
laws of all the 50 states and numerous detailed reports on individual
state and local campaign financing systems.
· Democracy Network, the nation’s first and largest online
source of candidate debates and voter information, which CGS
prototyped in 1994, launched in 1996, built a Spanish-language
version for Venezuela in 1998, installed in the nation’s first
digital cable network, Time Warner’s state-of-the-art “Full Service
Network in Orlando, Florida, partnered with AOL and 1998 and 2000 to
offer candidate information to millions of users, and operated in
partnership with the National League of Women Voters and
Grassroots.com through 2001.
· PolicyArchive (www.PolicyArchive.org), the world’s largest,
free, online source of public policy research, now providing instant
access to over 33,000 public policy documents.
· Video Voter (www.videovoter.org), a way for cities and
states to offer candidates and ballot measure committees free
opportunities to communicate their views to the public in
video-on-demand formats, via broadcast television, cable television,
YouTube (“centgov”) and the Internet —opportunities which New York
City, Los Angeles, Santa Monica and other cities now provide on a
continuing basis.
· ConnectLA (www.ConnectLAHousing.org), the nation’s first
website to provide low income communities with access to information
on affordable housing, jobs, healthcare and government services.
· Digital Democracy (www.digidem.org), an online prototype
for a new system of digital, citizen-to-elected official
communication.
· HealthVote and CalHealthReform, websites operated in
partnership with the California HealthCare Foundation to inform
voters of legislative and ballot initiative measure developments in
healthcare.
In addition, CGS published over 70 books and reports on a wide range of
campaign finance and governance topics, including in-depth studies of laws
in California, Florida, Michigan, Minnesota, New Jersey, North Carolina
(judicial) and Wisconsin, as well as local governments Albuquerque, Los
Angeles (city and judicial), New York, Portland, San Francisco, Suffolk
County, New York, Tucson and 15 other local California jurisdictions. CGS
also administered the Council on Governmental Ethics Laws (COGEL),
pioneered the field of online campaign filing and disclosures, and proposed
innovative campaign finance reforms.
In other areas, CGS co-founded the Voting Studies Institute with USC to
develop verifiable voting systems, explored online ballot initiative
circulation, built websites for NextTen, LA Health Action and California
2000 and published a report, based on over 100 interviews, calling for the
creation of a new Sacramento Policy Center.
We are proud of this record. However, all good things must come to an end.
Happily, endings often have a way of becoming exciting beginnings.
Best wishes to you all, and thank you sincerely for your loyal support over
the years.Tracy Westen Bob Stern
Vice-Chair and CEO President
I have relied on CGS reports over the years, especially about the initiative process and about public financing. I have also enjoyed working with Bob and Tracy on some projects, including some pro bono amicus briefs in the Supreme Court (including in McConnell v. FEC). I wish them the best of luck on their new endeavors, and will miss the fine research produced by CGS.
“FEC’s Institutional Memory Says Farewell; Bob Biersack Helped Create Agency’s Electronic Filing”
Roll Call reports.
“United States: The Role Of Lawyers In Serving Candidates Running For Election To Political Office”
McGuire Woods has posted this article on its website.
Sean Parnell Leaves Center for Competitive Politics
So reports Dan Backer.
Electionline.org Moves to Humphrey School
Rest your browser to point to http://electionline.org.
Updated Version of Election Law Teacher Database Now Available
I have posted it here.
Big News for Election Geeks
Electionline.org moving with Doug Chapin to Humphrey School. Rejoice!
“The Left Owns the Election Law Industry”
J. Christian Adams’ latest screed, at Front Page Mag.
Election Lawyer Chris Ashby Has Started His Own Firm
And a beautiful website too. Good luck!
Nice WaPo Profile of Matthew Sanderson of Caplin & Drysdale
See here.
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.”
Chapin’s New Blog
Electiongeek extraordinaire Doug Chapin, formerly of Pew/electionline and now of University of Minnesota’s Humphrey School, has started a new blog on election administration. His inaugural post is here. Welcome (back) to the blogosphere, Doug!
Jason Abel, Sen. Schumer’s Chief Counsel [Corrected], to Allen & Overy
When he worked on the Hill, Jason was one of the most thoughtful and conscientious staffers I knew working on election law issues. Now he moves to private practice (and Twitter @jasonaabel). Good luck Jason!