Monthly Archives: February 2013

What To Do About the Texas Redistricting Case?

February 11, 2013, 6:22 pmredistricting, Supreme Court, Voting Rights ActRick Hasen

The Supreme Court’s decision over the constitutionality of section 5 and the Court’s failure to take action on Texas’s appeal in its section 5 redistricting case has put the three-judge federal court in San Antonio hearing the section 2 challenge… Continue reading

“The Separation of Electoral Powers”

February 11, 2013, 6:14 pmelection administration, The Voting WarsRick Hasen

Ned Foley has posted this draft on SSRN (Montana Law Review). Here is the abstract: This essay argues that the political theory of republicanism needs to be updated to take account of the distinct role that election law plays in… Continue reading

“Virtue Over Party: Samuel Randall’s Electoral Heroism and Its Continuing Importance”

February 11, 2013, 6:11 pmelection administration, The Voting WarsRick Hasen

Ned Foley has posted this draft on SSRN of a paper well worth reading. Here is the abstract: This keynote address for the symposium on “Foxes, Henhouses, and Commissions: Assessing the Nonpartisan Model in Election Administration, Redistricting, and Campaign Finance,”… Continue reading

“A Deference Theory of Section 5 of the Voting Rights Act”

February 11, 2013, 6:09 pmstatutory interpretation, Supreme Court, Voting Rights ActRick Hasen

Arpit Garg has posted this draft on SSRN. Here is the abstract: Although Section 5 of the Voting Rights Act (VRA) is one of the most documented topics in legal scholarship, the academy has missed a crucial reading: a statute… Continue reading

Must-Read 2012 Elections Issue of “The Forum” Now Available

February 11, 2013, 6:02 pmcampaign financeRick Hasen

Check it out: (and congrats to Ray LaRaja, who steps down as co-editor of the Forum after 10 years on the job) Issue 4 (Feb 2013), pp. 1 – 146 Introduction Shafer, Byron E. / La Raja, Raymond J.… Continue reading

“Turnout in the 2012 Election”

February 11, 2013, 5:59 pmvotingRick Hasen

Michael McDonald’s big post on turnout is now available (complete with graphic).

“Ohio Redistricting Overhaul Gains Support”

February 11, 2013, 5:57 pmcitizen commissions, redistrictingRick Hasen

Stateline reports.

“The Deafening Silence of Conservative Stars on the Constitutionality of the Voting Rights Act”

February 11, 2013, 5:55 pmSupreme Court, Voting Rights ActRick Hasen

Doug Kendall has this interesting post on Balkinization

Cardozo Law “Author Meets Readers” Voting Wars Event Monday at Noon

February 10, 2013, 9:12 pmThe Voting WarsRick Hasen

Hope to see some ELB readers in NYC Monday at noon at this event with Mark Alexander, Richard Briffault, and Janai Nelson, moderated by Michael Herz.

Gerken: Pew’s Election Performance Index

February 10, 2013, 9:05 pmelection administrationHeather Gerken

A few years ago, I proposed creating a “Democracy Index” that would rank states and localities based on how well they run elections. Since then, the Pew Charitable Trusts, a nonpartisan organization well known for promoting data-driven governance, has tried… Continue reading

“Florida Republicans Brace for a Fraud Trial, and an Airing of Old Grudges”

February 10, 2013, 8:55 pmchicaneryRick Hasen

NYT on the Jim Greer trial.

“FEC chairwoman warns of super PAC corruption”

February 9, 2013, 2:40 pmcampaign financeRick Hasen

CPI reports.

ACS Sets Up Voting Rights Resource Page About Shelby County Case

February 9, 2013, 2:36 pmSupreme Court, Voting Rights ActRick Hasen

Check it out.

“FEC Eyes Ending 30-Year-Old Exemption From Disclosure for Socialist Workers Party”

February 8, 2013, 9:06 pmcampaign financeRick Hasen

Bloomberg BNA: “The Socialist Workers Party’s three-decade exemption from campaign finance disclosure rules would come to an end under a draft advisory opinion (AO 2012-38) set to be considered Feb. 14 by the Federal Election Commission. The draft, released… Continue reading