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Books by Rick
The Voting Wars: From Florida 2000 to the Next Election Meltdown (Yale University Press, 2012)
The Voting Wars Website
NOW AVAILABLE from
Barnes and Noble
Election Law--Cases and Materials (5th edition 2012) (with Daniel Hays Lowenstein and Daniel P. Tokaji)
The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore (NYU Press 2003) NOW IN PAPER
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)
Remedies: Examples & Explanations (Aspen Publishers, 2d ed. 2010)
Election Law Resources
Blogroll/Political News Sites
All About Redistricting (Justin Levitt)
American Constitution Society
Ballot Access News
Brennan Center for Justice
The Brookings Institution's Campaign Finance Page
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)
Equal Vote (Dan Tokaji)
Federal Election Commission
The Fix (WaPo)
Initiative and Referendum Institute
Legal Theory (Larry Solum)
Political Activity Law
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
Recent Newspapers and Magazine Commentaries
Big Money Lost, But Don't Be Relieved, CNN Opinion, Nov. 9, 2012
A Better Way to Vote: Nationalize Oversight and Control, NY Times, "Room for Debate" blog, Nov. 9, 2012
Election Day Dispatches Entry 5: Black Panthers, Navy Seals, and Mysterious Voting Machines, Slate, Nov. 6, 2012
Behind the Voting Wars, A Clash of Philosophies, Sacramento Bee, Nov. 4, 2012
How Many More Near-Election Disasters Before Congress Wakes Up?, The Daily Beast, Oct. 30, 2012
Will Bush v. Gore Save Barack Obama? If Obama Narrowly Wins Ohio, He Can Thank Scalia and the Court's Conservatives, Slate, Oct. 26, 2012
Will Voter Suppression and Dirty Tricks Swing the Election?, Salon, Oct. 22, 2012
Is the Supreme Court About to Swing Another Presidential Election? If the Court Cuts Early Voting in Ohio, It Could Be a Difference Maker in the Buckeye State, Slate, Oct. 15, 2012
Election Truthers: Will Republicans Accept an Obama Election Victory?, Slate, Oct. 9, 2012
Wrong Number: The Crucial Ohio Voting Battle You Haven't Heard About, Slate, Oct. 1, 2012
Litigating the Vote, National Law Journal, Aug. 27, 2012
Military Voters as Political Pawns, San Diego Union-Tribune, August 19, 2012
Tweeting the Next Election Meltdown: If the Next Presidential Election Goes into Overtime, Heaven Help Us. It’s Gonna Get Ugly, Slate, Aug. 14, 2012
A Detente Before the Election, New York Times, August 5, 2012
Worse Than Watergate: The New Campaign Finance Order Puts the Corruption of the 1970s to Shame, Slate, July 19, 2012
Has SCOTUS OK'd Campaign Dirty Tricks?, Politico, July 10, 2012
End the Voting Wars: Take our elections out of the hands of the partisan and the incompetent, Slate, June 13, 2012
Citizens: Speech, No Consequences, Politico, May 31, 2012
Is Campaign Disclosure Heading Back to the Supreme Court? Don’t expect to see Karl Rove’s Rolodex just yet, Slate, May 16, 2012
Unleash the Hounds Why Justice Souter should publish his secret dissent in Citizens United, Slate, May 16, 2012
Why Washington Can’t Be Fixed; And is about to get a lot worse, Slate, May 9, 2012
Let John Edwards Go! Edwards may be a liar and a philanderer, but his conviction will do more harm than good, Slate, April 23, 2012
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
The 2012 Voting Wars, Judicial Backstops, and the Resurrection of Bush v. Gore, George Washington Law Review (forthcoming 2013) (draft available)
A Constitutional Right to Lie in Campaigns and Elections?, Montana Law Review (forthcoming 2013) (draft available)
End of the Dialogue? Political Polarization, the Supreme Court, and Congress, 86 Southern California Law Review (forthcoming 2013) (draft available)
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)
Norm Ornstein opinion piece for National Journal, with the subhead: “The IRS scandal evolved from the broader reality that the GOP has changed its financing mantra from ‘disclosure’ to ‘secrecy.’”
Here’s my yearly roundup of election law academic hires, promotions moves, visits, accolades.
Mark Alexander, Guy Charles, Kareem Crayton, Spencer Overton, and Ciara Torres-Spelliscy were included in the Lawyers of Color 50 under 50 list (most influential minority law professors aged 50 or younger) .
Chris Elmendorf, on sabbatical from UC Davis next year, will be a Visiting Scholar at UC Berkeley’s Institute for Governmental Studies, and the Center for the Study of Law and Society.
Amber Maltbie is teaching Election Law as an adjunct at the University of the Pacific, McGeorge School of Law in the Spring.
Michael McDonald and Micah Altman received the Tides Foundation Pizzigati Prize, Strata Data Innovation Award, and APSA ITP Research Software award for their work on the DistrictBuilder open redistricting system.
Dave Primo was named the Ani and Mark Gabrellian Professor at the University of Rochester.
Teddy Rave has accepted a tenure track teaching postion at Houston Law.
Joshua Ian Rosenstein is adjunct in the Election Law Program at William & Mary Law, where he is teaching a course on lobbying law called The Regulation of Advocacy.
Brad Smith will hold the Visiting Judge T. Copenhaver Chair of Law at West Virginia University in 2013-14.
Doug Spencer has accepted a tenure track teaching position at U. Conn Law.
Matt Streb has been promoted for full professor at NIU.
The links between a nonprofit promoting President Obama’s healthcare law and the White House have created an “air of expectation” that insurers will contribute to the group, according to an insurance industry official.
Current and former administration officials have taken on leadership and fundraising roles for Enroll America, a nonprofit aiming to make sure people sign up for new coverage options. As the ties grow deeper, the organization has come to feel like “just an arm of the administration,” said one official who works closely with insurers.
Gov. Rick Scott has finished the fix of the flawed election law that relegated Florida to a late-night joke in 2012 by signing an elections clean-up bill passed on the final day of the legislative session.
The measure, signed by Scott late Monday before he left for a trade mission to Chile, reverses several provisions implemented in 2011 by GOP lawmakers in anticipation of the 2012 presidential election.
Those changes, criticized by Democrats as an attempt to suppress votes for President Barack Obama, limited the early voting that the president’s campaign capitalized on in 2008. The 2011 law also prevented early voting on the Sunday before Election Day and prohibited voters, particularly students, from changing their voting address at the polls.
Orlando Sentinel: “A divided appeals court ruled Wednesday that Florida legislators should not be questioned under oath about whether they ‘intended’ to gain partisan advantage when they re-drew congressional maps last year.”
Sen. John McCain finds himself once again pushing his colleagues to avoid giving fodder to Democrats seeking to use the “nuclear option” to change Senate rules with a simple majority.
The Arizona Republican’s latest endeavor is to persuade GOP senators to allow the appointment of conferees to hammer out a House- Senate budget agreement without binding instructions against raising the debt limit.
But his efforts have yet to win over the GOP’s tea party wing.
TPM: “The battle over the filibuster escalated Wednesday as Senate Minority Leader Mitch McConnell (R-KY) jumped in the fray to lash Democrats’ threats to use the “nuclear option” to scrap the minority party’s ability to filibuster presidential nominees to cabinet and judicial positions. He and Majority Leader Harry Reid (D-NV) clashed in a heated floor exchange that led to hours of sniping between their offices.
The Boy Scouts of America will open itself to a “veritable Pandora’s box of litigation” if it allows homosexual boys to be scouts, warns a veteran Supreme Court litigator and special counsel to the Republican National Committee.
In a letter to each of the 1,400 scout leaders expected to vote finally on Thursday on a proposed change to the organization’s longstanding ban on gay boy scouts, prominent conservative lawyer James Bopp Jr. contends the change would undermine protections provided by the U.S. Supreme Court in a 2000 decision.
Today we publish a commentary by Senate Minority Leader Mitch McConnell (R-Ky.), arguing against legislation to require expanded campaign finance disclosure. The senator points to the current furor over how the Internal Revenue Service (IRS) mishandled applications from tea party and other conservative groups for tax-exempt status under Section 501(c)(4) of the Internal Revenue Code. We certainly agree with him that the IRS failed to meet basic standards of fairness in selectively pressing the groups for more information and in delaying their applications.
Mr. McConnell writes that the IRS scandal shows that political donors must be protected from possible “intimidation” by the government, that Washington is out to “target people because of their beliefs.” This is an awfully dark view of national government under any administration. Such practices are common in other countries but not in the United States. The IRS failure was an exception, and a bad one, but not the rule.
Andy Kroll writes for Mother Jones.
Buzzfeed reports. Last night I asked on Twitter how long it would be before pundits would start calling for Ruemmler to step aside.
Now the answer is clear: not long.
Facing a backlog of proposals to update its regulations and policies but apparently unable to reach consensus on any of them, the Federal Election Commission is not even holding regular open meetings as frequently as it did in previous years. The latest example came May 22, when the FEC cancelled its scheduled open meeting set for May 23. The meeting was still on the agency’s calendar until a last-minute notice was posted on the FEC website announcing that the session was cancelled. No meeting agenda had been posted, and there were no obvious agenda items for agency action.
This is deadlock by design. The FEC: Stlll as Good as Dead.®
IRS employees who sent overly detailed questionaires to some groups applying for tax-exempt status in recent years used words like “tea party” and “patriot” to try to filter out those that planned to be heavily involved in politics (a big no-no).
As it turns out, not only was that improper; it’s not even very effective. For instance, two liberal groups that have faded in and out of the political scene mysteriously and repeatedly over several years bear names that few would associate, at first glance, with progressive causes: Citizens for Strength and Security, and Patriot Majority.
Sen. Mitch McConnell writes a WaPo oped, attacking not just the IRS, and not just the DISCLOSE Act, but the very concept of disclosure.
Sad for a Senator who used to be a strong supporter of disclosure as an alternative to limits on campaign money.
Here is an opinion in favor of the plaintiffs in their challenge to at-large elections in Fayette Co., GA.
“Reform Groups Call on Congress to Deal with Two IRS Scandals: Wrongful IRS Targeting of Groups and IRS Failure to Prevent Groups from Improperly Claiming 501(c)(4) Status”
Good to see the reform groups now recognizing two scandals.
Orin Kerr on Lerner: “I’m not enough of a Fifth Amendment nerd to have strong views on which side is right. So I posed the question earlier today to a listserv of criminal procedure professors that includes some serious Fifth Amendment experts. Opinions were somewhat mixed, but I think it’s fair to say that the bulk of responders thought that Lerner had not actually testified because she gave no statements about the facts of what happened. If that view is right, Lerner successfully invoked her Fifth Amendment rights and cannot be called again. But this was not a unanimous view, and there are no cases that seem to be directly on point. So it’s at least a somewhat open question.”
Sometime before the end of June, the Supreme Court will decide Shelby County v. Holder, a constitutional challenge to the preclearance provision of the Voting Rights Act, one of the Act’s most important guarantees against racial discrimination in voting. Shelby County has argued that the Act is unnecessary and outdated and has urged the Supreme Court to hold it unconstitutional on that basis. With the Court’s decision looming, a number of recent commentators have suggested that, in light of recent voter turnout data, the Voting Rights Act is no longer needed. They are wrong.
“I have not done anything wrong. I have not broken any laws, I have not violated any IRS rules or regulations and I have not provided false information to this or any other congressional committee. And while I would very much like to answer your committee’s questions today, I have been advised by my counsel to assert my constitutional right not to testify or answer questions related to the subject matter of this hearing. After very careful consideration, I have followed my counsel’s advice and not testify or answer any questions today.
“Because I’m asserting my right not to testify I know people will assume I’ve done something wrong. I have not. One of the basic rights of the Fifth Amendment is to protect innocent individuals and that’s the protection I’m invoking today, thank you.”
—Lois Lerner, in prepared statement before House Oversight and Government Reform Committee. Chair Issa then excused Lerner.
Senate Democrats picked up some GOP reinforcements in their bid to get to a conference on a House-Senate budget agreement.
Republican Sens. John McCain of Arizona and Susan Collins of Maine joined Budget Chairwoman Patty Murray, D-Wash., on the floor in support of going to conference without imposing special mandates on conferees.
McCain objected to a bid by Sen. Rand Paul, R-Ky., to require that Senate budget negotiators not provide for an increase in the debt limit. Instead, McCain called for a more established process of offering nonbinding instructions.
Ezra Klein: a thaw in the Senate?
Michael Shear (NYT): “The allegations had all the makings of a perfect election-year scandal that might threaten President Obama’s chances for a second term and re-energize a listless Tea Party movement: an activist president, running an overbearing government, treating conservative groups unfairly by wielding the federal taxing power to undermine his adversaries. But a year ago, when the current Internal Revenue Service scandal that has swirled around Mr. Obama first emerged, Washington — and, apparently, the White House — shrugged.”
Today, Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit against the Internal Revenue Service (IRS) in United States District Court for the District of Columbia to compel the agency to initiate a rulemaking procedure to address serious conflicts between the Tax Code’s requirements for section 501(c)(4) groups and implementing IRS regulations. Current IRS regulations grant tax-exempt status under section 501(c)(4) of the Tax Code to groups “primarily engaged” in promoting social welfare. The tax laws, however, require such groups to be “operated exclusively” for social welfare purposes.
What do the Commissioners of the U.S. Election Assistance Commission, which Congress set up after the 2000 Florida election debacle to provide advice about best election practices, think about the just-announced composition of the new Bauer-Ginsberg election commission?
Timely new article by Brian Galle, Charities in Politics: A Reappraisal, 54 William & Mary L. Rev. 1561 (2013).
Foreword: The State of the Republican Form of Government in Montana
Keynote Address: On What Being a (small r) Republican Means
Breaking: Bauer-Ginsberg Election Reform Commission Names Members, Appoints Nate Persily as Sr. Research Director
Here is the press release from the Commission. And now here’s a release from the White House:
THE WHITE HOUSE
Office of the Press Secretary
FOR IMMEDIATE RELEASE
May 21, 2013
President Obama Announces His Intent to Appoint Individuals to the Presidential Commission on Election Administration
WASHINGTON, DC – Today, President Barack Obama announced his intent to appoint ten individuals to the Presidential Commission on Election Administration. The Presidential Commission on Election Administration was created following President Obama’s State of the Union pledge to identify non-partisan ways to shorten lines at polling places, promote the efficient conduct of elections, and provide better access to the polls for all voters.
- Robert F. Bauer – Co-Chair, Presidential Commission on Election Administration
- Benjamin L. Ginsberg – Co-Chair, Presidential Commission on Election Administration
- Brian Britton – Member, Presidential Commission on Election Administration
- Joe Echevarria – Member, Presidential Commission on Election Administration
- Trey Grayson – Member, Presidential Commission on Election Administration
- Larry Lomax – Member, Presidential Commission on Election Administration
- Michele Coleman Mayes – Member, Presidential Commission on Election Administration
- Ann McGeehan – Member, Presidential Commission on Election Administration
- Tammy Patrick – Member, Presidential Commission on Election Administration
- Christopher Thomas – Member, Presidential Commission on Election Administration
President Obama said, “The right to vote is one of the most essential rights provided by the Constitution. As I said in my State of the Union Address, when any American, no matter where they live or what their party, is denied that right simply because too many obstacles stand in their way, we are betraying our ideals. We have an obligation to ensure that all eligible voters have the opportunity to cast their ballots without unwarranted obstructions or unnecessary delay. I am pleased that these committed individuals have agreed to offer their expertise to the Presidential Commission on Election Administration and I look forward to working with them in the coming months.”
President Obama announced his intent to appoint the following individuals to the Presidential Commission on Election Administration:
Robert F. Bauer, Appointee for Co-Chair, Presidential Commission on Election Administration
Robert F. Bauer is currently a partner at Perkins Coie LLP and General Counsel to the Democratic National Committee. He previously served as General Counsel to Obama for America and served as White House Counsel from 2009 to 2011. In his 30 years of practice, Mr. Bauer has provided counseling and representation on matters involving regulation of political activity before courts and administrative agencies for national party committees, candidates, political committees, individuals, Federal officeholders, corporations and trade associations, and tax-exempt groups. He received a B.A. from Harvard University and a J.D. from the University of Virginia School of Law.
Benjamin L. Ginsberg, Appointee for Co-Chair, Presidential Commission on Election Administration
Benjamin L. Ginsberg is currently a partner at Patton Boggs LLP where he represents campaigns, candidates, members of Congress and state legislatures, Governors, corporations, trade associations and individuals participating in the political process. He was formerly General Counsel to the Republican National Committee, and currently represents the National Republican Senatorial Committee and the National Republican Congressional Committee. He also serves as Counsel to the Republican Governors Association. Mr. Ginsberg recently served as National Counsel to the Romney for President campaign and previously served as National Counsel to the Bush-Cheney presidential campaign in 2000 and 2004. He received an A.B. from the University of Pennsylvania and a J.D. from Georgetown University Law Center.
Brian Britton, Appointee for Member, Presidential Commission on Election Administration
Brian Britton is currently the Vice President of Global Park Operations and Initiatives at Walt Disney World Company. He joined Disney in 1999 and was previously the Vice President of Labor Operations, Operations Strategy, and Operations Support. He is a board member of Community Based Care of Central Florida, a non-profit organization that manages Central Florida’s foster care program, and a board member for the Florida Attractions Association, a tourism industry trade association. Mr. Britton is a Navy veteran and a former Naval Aviator. He received a B.S. in Systems Engineering from the U.S. Naval Academy, a Master’s degree equivalent in the theory and operation of avionic systems in Naval Flight Officer School, and an M.B.A. from Harvard Business School.
Joe Echevarria, Appointee for Member, Presidential Commission on Election Administration
Joe Echevarria has served as Chief Executive Officer of Deloitte LLP since June 2011. Mr. Echevarria joined Deloitte in 1978 and became an audit partner in 1988. Since that time, he has held a wide range of leadership positions, most recently as U.S. Managing Partner for Operations. As part of his current role, Mr. Echevarria chairs the U.S. Executive Committee, and is a member of the U.S. Board of Directors, the Deloitte Touche Tohmatsu Limited Board, and the Americas Executive Committee. Mr. Echevarria serves on the Board of Trustees and chairs the University of Miami School of Business’s Board of Overseers. He received a B.A. in Business Administration from the University of Miami.
Trey Grayson, Appointee for Member, Presidential Commission on Election Administration
Trey Grayson is currently the Director of the Institute of Politics at the John F. Kennedy School of Government at Harvard University. Mr. Grayson previously served as Secretary of State for Kentucky, elected in 2003 and re-elected in 2007. Prior to his election, Mr. Grayson practiced law at the law firms of Greenebaum Doll & McDonald and Keating Muething & Klekamp. Mr. Grayson has served as the president of the National Association of Secretaries of State (NASS), chair of the NASS Elections Committee, and vice chair of the NASS Committee on Voter Participation. He received an A.B. from Harvard College, and a J.D. and M.B.A. from the University of Kentucky.
Larry Lomax, Appointee for Member, Presidential Commission on Election Administration
Larry Lomax is currently the Clark County Registrar in Nevada, a position he has held since 1999. Mr. Lomax serves as Nevada’s representative to the Election Assistance Commission’s Standards Board, was elected by the board’s members to the Standards Board Executive Board, and served on a Pew Foundation Committee focused on modernizing our nation’s system of registering voters. He previously served as Assistant Registrar in Clark County from 1998 to 1999. Prior to working in Clark County, Mr. Lomax was a Professor of Leadership and Ethics at the Air War College. As a former Air Force pilot, he accumulated over 4,000 hours of flying time in a 30-year career. He served two tours on the Joint Staff in Washington D.C. and was chosen to serve as the Air Force Colonel on the staff group supporting the Chairman of the Joint Chiefs of Staff. Mr. Lomax received a B.A. from Stanford University and an M.B.A. from the University of North Dakota. He is a Distinguished Graduate from the U.S. Air Force Officer Training School.
Michele Coleman Mayes, Appointee for Member, Presidential Commission on Election Administration
Michele Coleman Mayes is currently Vice President, General Counsel, and Secretary for the New York Public Library (NYPL). Ms. Mayes joined NYPL in August 2012 after serving as Executive Vice President and General Counsel for Allstate Insurance Company since 2007. She served as a Senior Vice President and the General Counsel of Pitney Bowes Inc. from 2003 to 2007 and in several legal capacities at Colgate-Palmolive from 1992 to 2003. In 1982, Ms. Mayes entered the corporate sector as managing attorney of Burroughs Corporation. After Burroughs and Sperry Corporation merged, creating Unisys Corporation, she was appointed Staff Vice President and Associate General Counsel for Worldwide Litigation. From 1976 through 1982, she served in the U.S. Department of Justice as an Assistant United States Attorney in Detroit and Brooklyn, eventually assuming the role of Chief of the Civil Division in Detroit. Ms. Mayes received a B.A. from the University of Michigan and a J.D. from the University of Michigan Law School.
Ann McGeehan, Appointee for Member, Presidential Commission on Election Administration
Ann McGeehan is currently the Assistant General Counsel of the Texas County and District Retirement System. Previously, she served 22 years in the Elections Division of the Texas Secretary of State’s Office, including as the Director of Elections from 1995 to 2011 and the Director of the Elections Legal Section from 1991 to 1995. Ms. McGeehan is a past president of the National Association of State Election Directors, and a former member of the U.S. Election Assistance Commission Standards Board and Technical Guidelines Development Committee. Ms. McGeehan also served on an advisory group to the Pew Center on the States’ Election Initiative. She received a B.A. from the University of Texas and a J.D. from the University of Texas School of Law.
Tammy Patrick, Appointee for Member, Presidential Commission on Election Administration
Tammy Patrick is currently a Federal Compliance Officer for the Maricopa County Elections Department in Arizona. In 2013, she became a voting member of the Institute of Electrical and Electronics Engineers’ working group on developing standards for a universal format for election results reporting. She is also a representative on the Mailer’s Technical Advisory Committee to the U.S. Post Office and serves as the co-chair of the Postal Task Force for the Election Center. She has previously served as a member of the Election Assistance Commission’s working group on Language Assistance for Unwritten Language, as an organizer of the 2007 Native American Voter Outreach Summit, and as a member of the Election Center’s National Task Force on Education and Training. Ms. Patrick received her B.A. from Purdue University.
Christopher Thomas, Appointee for Member, Presidential Commission on Election Administration
Christopher Thomas is the Director of Elections in the Michigan Department of State, a position he has held since 1981. Mr. Thomas also teaches election law as an Adjunct Professor at the Thomas M. Cooley Law School in Lansing, Michigan. From 1977 to 1981, Mr. Thomas served as Director of Campaign Finance Information and Director of Campaign Finance Operations for the State of Michigan. Mr. Thomas served as the Director of Public Communications at the Federal Election Commission from 1975 to 1977. He began his election administration career in 1974 in Washington, D.C. where he was a Staff Assistant responsible for managing campaign finance filings in the Office of the Clerk of the U.S. House of Representatives. Mr. Thomas is a founding member of the National Association of State Election Directors and currently serves as President. Mr. Thomas has served on the Board of Advisors to the Election Assistance Commission since 2005. He received a B.A. from Michigan State University, an M.A. from St. Louis University, and a J.D. from the Thomas M. Cooley Law School.
Just a day after telling reporters that chief of staff Denis McDonough had learned of the situation about a month ago, press secretary Jay Carney revealed that White House officials had consulted with the IRS on how to initially present to the public the story that the agency had targeted conservative tax-exempt groups for extra scrutiny.
There was “discussion about the possibility of a speech” by Lois Lerner, who oversaw the IRS’s work on tax-exempt groups, Carney said, and conversation about testimony by the acting commissioner of the agency and “what he would say” if asked about the issue.
Study Finds Election Officials Biased Against Latino Voters: “A new Harvard study contacted over 7,000 election administrators in 28 states and found they provide different information about voter ID requirements to voters of different ethnicities.”
Majority of Republicans Don’t Think Election Was Fair: A new Hamilton College poll finds that heading into the 2012 election, “both Democrats and Republicans expressed concerns about the fairness of the election. Only 15% of Republicans and 19% of Democrats were very confident that the election would be decided fairly.”
The latter study is consistent with research I report in The Voting Wars: winners tend to retrospectively view the fairness of elections in much rosier ways than losers. If my guy won, the election was fair and square; if the other guy won, there was fraud or chicanery.
Read the complaint, which gives the personal home addresses of the sued IRS officials.
Here, at Guernica.
Interesting report in The Nation.