Monday, January 22, 2018

But another, more pressing, problem with litigation in this area is that state constitutions offer more extensive protections for voters than the U.S. Constitution, yet they remain underutilized in the fight against gerrymandering.  


The Pennsylvania Constitution explicitly grants its citizens an affirmative right to vote. In addition, the state constitution requires that all elections be “free and equal; and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.” There is no parallel text in the U.S. Constitution that explicitly offers such protections to the right to vote beyond the Fourteenth Amendment’s general language of equal protection of the laws.

Friday, January 19, 2018


indiana candidate list.

Thursday, January 18, 2018


Friday, January 12, 2018

new cert grants

Posted in WesternGeco LLC v. ION Geophysical Corp.Lamar, Archer & Cofrin, LLP v. ApplingAnimal Science Products v. Hebei Welcome Pharmaceutical Co. Ltd.Lagos v. U.S.Hidalgo v. ArizonaLucia v. Securities and Exchange CommissionSouth Dakota v. WayfairAbbott v. PerezAbbott v. PerezWashington v. U.S.Pereira v. SessionsWisconsin Central Ltd. v. U.S.Chavez-Meza v. U.S.FeaturedMerits Cases

the texas cases are not certs, technically, because they are appeals from 3 judge courts.


Were they looking at things like voter registration deadlines, making it a federal requirement for a federal election, say, to have a real ID in order to obtain a federal ballot? Maybe different restrictions on things like absentee balloting, voter ID laws, citizenship tests — that sort of thing.
Who knows what they were going to propose? All we can really do is speculate. But I do know there’s something they don’t want me to see because they’re fighting awful hard to keep it away from me. - Matt Dunlap.

In fact, more than half of the traffic to Hasen’s Election Law Blog comes from Twitter, he said.


Thursday, January 11, 2018

CHIEF JUSTICE ROBERTS: I understand it's a statutory. But there are many democracies that require you to vote, right? Australia, it's -- you get a fine if you don't vote. And other places. And I have certainly seen it proposed it would be a good idea, given the low voter turnouts in our country, that we adopt something like that as well. Now, you think that would be unconstitutional? 
MR. SMITH: Well, I think there's a pretty persuasive argument to that effect in the National Libertarian brief that was filed in this case, filed by Wilmer. I think, basically, they said it's a First Amendment act. And, just as you have a right to vote protected by the First Amendment, a right not to vote because you don't want to vote for any of those candidates would be protected as well, I would think. In any event, it

Wilmer can feel proud of themself today.
Oh that's WILMER CUTLER PICKERING HALE AND DORR LLP 7 World Trade Center,1875 Pennsylvania Ave, 60 State Street.


That's a nice brief! It focuses on the constitutional aspects of the case, that I felt were missing in the oral argument.

House Republican Retirements

A record number of 31 House Republicans have already announced they won’t seek re-election. This list does not include members who have already resigned, if their seat will be filled by a special election before November.

Ileana Ros-Lehtinen, Fla.1989NoD+5Clinton, 58%-39%
Dave Reichert, Wash.2004NoEVENClinton, 46%-43%
Ed Royce, Calif.*1992NoEVENClinton, 52%-43%
Frank LoBiondo, N.J.1994NoR+1Trump, 50%-46%
Darrell Issa, Calif.2000NoR+1Clinton, 51%-43%
Charlie Dent, Pa.2004NoR+4Trump, 51%-44%
Dave Trott, Mich.2014NoR+4Trump, 49%-45%
Steve Pearce, N.M.2002; 2010GovernorR+6Trump, 50%-40%
Ron DeSantis, Fla.2012GovernorR+7Trump, 46%-40%
Pat Tiberi, Ohio*2000NoR+7Trump, 52%-41%
Jim Renacci, Ohio2010GovernorR+8Trump, 56%-39%
Joe Barton, Texas1984NoR+9Trump, 54%-42%
Lynn Jenkins, Kansas2008NoR+10Trump, 56%-37%
Lamar Smith, Texas*1986NoR+10Trump, 52%-42%
Lou Barletta, Pa.2010SenateR+10Trump, 60%-36%
Ted Poe, Texas2004NoR+11Trump, 52%-43%
Sam Johnson, Texas1991NoR+13Trump, 54%-40%
Bob Goodlatte, Va.*1992NoR+13Trump, 59%-35%
Blake Farenthold, Texas2010NoR+13Trump, 60%-36%
Gregg Harper, Miss.*2008NoR+13Trump, 61%-37%
Kristi Noem, S.D.2010GovernorR+14Trump, 62%-32%
Jeb Hensarling, Texas*2002NoR+16Trump, 62%-34%
Todd Rokita, Ind.2010SenateR+17Trump, 64%-30%
Jim Bridenstine, Okla.2012NASA Administrator (awaiting confirmation)R+17Trump, 61%-33%
Luke Messer, Ind.2012SenateR+18Trump, 67%-26%
Bill Shuster, Pa.*2001NoR+19Trump, 69%-27%
John Duncan, Tenn.1988NoR+20Trump, 65%-30%
Marsha Blackburn, Tenn.2002SenateR+20Trump, 67%-28%
Raul Labrador, Idaho2010GovernorR+21Trump, 64%-25%
Evan Jenkins, W.Va.2014SenateR+23Trump, 73%-23%
Diane Black, Tenn.*2010GovernorR+24Trump, 72%-24%
Note: Asterisks denote committee chairs.

Tuesday, January 09, 2018


A conservative marketing firm employed by billionaire libertarian brothers Charles and David Koch, i360, boasts of being able to target ads based on 1,800 individual data points -- including political measurements such as voter registration status, party affiliation, primary voting status, propensity to vote, potential to be a swing voter, and odds of being an undecided voter. The firm uses more personal information to target ads, including income, age, religion, marital status, economic stance, foreign issues positions, social beliefs and other opinions on issues that include guns, health care, immigration, education, and abortion.

So Kobach could have just asked Koch for his list.

I-360, which claims to collect voter information from all 50 states and from “top-tier providers” for lifestyle and consumer data, isn’t the only company harvesting and repurposing specific data; the advertising firm L2, and Catalist, a Washington-based firm that specializes in microtargeting for Democratic campaigns, have similar offerings.

Sunday, January 07, 2018

This just in:
Andy Horning is running for senate again, this time in the GOP primary against Rokita to see who runs against Donnelly. As always, this blog endorses Andy Horning.

An audience member asked Rokita, a Brownsburg resident, what differentiated him from the rest of the GOP Senate field for the May 8 primary election. Also running are U.S. Rep. Luke Messer of Greensburg, former state lawmaker Mike Braun of Jasper, Kokomo attorney Mark Hurt, New Albany college administrator Andrew Takami and Owen County resident Andrew Horning, who has frequently run for elected office as a Libertarian.


Saturday, January 06, 2018

LePage renews call for voter identification law
Just days after President Donald Trump disbanded a presidential commission on voter fraud, Maine's Republican Gov. Paul LePage again urged the state's Legislature to pass new voter identification laws. “It is not a hardship to require an ID for voting,” LePage said in his weekly radio address, which ...

Friday, January 05, 2018

Millions of voter ID's hacked in India

Von Spakovsky says that argument rings hollow given what states constantly do with the same information.
“The information we asked for is information that all of these states routinely sell to candidates and political parties. So why they think they shouldn’t give it to this commission looking at election integrity, I don’t really understand,” said von Spakovsky, who contends the federal government has every right to see the same records.
So why don't they just buy the records? Magazines such as campaigns and elections have ads for list brokers. Getting at least the gop lists should be easy. I don't know whether Trump can get his hands on the Democrats' databases, perhaps by buying it from someone with access.
Successful campaigns build dossiers on each voter. They know when they voted, how many square feet in their house, whether they have a fireplace. From 100 integrated data points like that, they can predict, with some accuracy, how subsets of voters are likely to vote, and how they may respond ot a mailing or tv spot or tweet. These models don't tell you how the inividual voter will vote, but over a population they can have predictive vaidity.

So the data the commission wants is already in private hands, and can be accessed, sometimes, for cash. Each team considers its model proprietary, and was expensive to build, but trade secrets tend to leak.

And now a word from our sponsor: Last time I checked,which was many years ago, I could get you a copy of Indiana's voting records and voting lists for $5000, by giving a 5K check to our party chair, who gives it to the secretary of state, who gives them the lists and data. They make a copy, we get a copy. We have a new party chair who is hostile to me, so I can't promise you this trick still works.
I will refund your $5K if I can't get the list. 

some tax wonking notes:

See below for a breakdown of the income tax brackets for singles.

Taxable Income Bracket
10%0 to $9,525
12%$9,525 to $38,700
22%$38,700 to $82,500
24%$82,500 to $157,500
32%$157,500 to $200,000
35%$200,000 to $500,000
37%$500,000 and up

For comparison, here's how 2018 brackets would have looked under the old tax code.

Married Filing Jointly
Head of Household
10%0 to $9,5250 to $19,0500 to $13,600
15%$9,525 to $38,700$19,050 to $77,400$13,600 to $51,850
25%$38,700 to $93,700$77,400 to $156,150$51,850 to $133,850
28%$93,700 to $195,450$156,150 to $237,950$133,850 to $216,700
33%$195,450 to $424,950$237,950 to $424,950$216,700 to $424,950
35%$424,950 to $426,700$424,950 to $480,050$424,950 to $453,350
39.60%$426,700 and up$480,050 and up$453,350 and up
So in my case my tax doesn't change, but for most people it's a reduction.


trump in 2016 on voter ID.

BTW, DJIA today 25,295.87.

I was looking for a clip of trumps this week voter ID speech, but didnt find it and other tasks interfere with blogging.

Other shoe drops;

Trump attacks voting rights in aftermath of dissolving task force.

edit: now that i've sen the video, it was actually presidential.
he pushed voter ID, but also claimed to be against voter suppression.
there may have ben dog whistles, but i agreed with much of what he said.
perhaps i'll be able to find a transcript.
Trump sounds call for voter ID laws to fix 'rigged' system, after disbanding fraud panel
“Many mostly Democrat States refused to hand over data from the 2016 Election to the Commission On Voter Fraud. They fought hard that the Commission not see their records or methods because they know that many people are voting illegally. System is rigged, must go to Voter I.D.,” Trump tweeted.
Full Coverage

Hasen had initially posted that the firing of the task force was a victory.
How I see it is that hans and kris and that third one, edit to follow, will keep doing what they do, but need no longer follow administrative procedures. Trump stands ready to implement their policy choices, however informally communicated.

Off to read today's stories.
For the record, I still prefer trump over clinton.

Thursday, January 04, 2018


Wednesday, January 03, 2018




Oh, but I'm not seeing an opinion, just an order.


ST. LOUIS (AP) — A lawsuit alleging that Missouri’s new voter identification law was intended to make it harder for poor and minority residents to cast their ballots has been dismissed.
Cole County Circuit Judge Jon Beetem on Tuesday threw out the suit filed in June by the ACLU and the Advancement Project on behalf of the Missouri NAACP and the League of Women Voters.
Missouri voters overwhelmingly approved a November 2016 ballot measure instituting voter ID. The law became effective June 1.

no link to the opinion yet. here is the petition pdf

Missouri Conference NAACP et al (LWV) v Missouri and John Ashcroft.


latest updates: http://electionlawblog.org/?p=96688

Tuesday, January 02, 2018

Hatch to retire, Romney expected to seek seat.

Garfield lost California, by just 144 votes. But he won the election. Although he had a wide margin of victory in the electoral college, in the popular vote Garfield’s margin of victory was the slimmest in the history of U.S. presidential elections: fewer than 10,000 votes separated the two candidates.
The scandal of the Morey letter dragged on for years after the election, though, even after Garfield was assassinated (for unrelated reasons) six months into his term. The journalist who originally published the letter, Kenward Philp, was put on trial for libel and forgery. Described by a contemporary paper as “a little fellow with a high forehead,” he’d been known as a political prankster, which didn’t help his case.

According to Mark Twain, these are “the best [memoirs] of any general’s since Caesar”, but we have to take that verdict with a pinch of salt: Twain was also Grant’s publisher. As a one-time Confederate soldier, Twain liked to joke that it was General Grant’s prowess on behalf of the Union cause that had persuaded him to desert the colours and become a journalist.
Twain had first invited the retired president to write his autobiography in 1881, but Grant had declined the offer. A modest man, he had replied, “No one is interested in me”, referring to two books about him which had recently flopped. But when, in 1884, he was swindled out of his savings, and desperate for money, Twain’s offer seemed much more tempting. Now, writing in pencil, or dictating to a secretary, he began to compose the book that many commentators agree sets the gold standard for presidential memoirs.

Sunday, December 31, 2017



Who gets the dog in a divorce and other state laws going into effect in 2018

(CNN)Goodbye, 2017. Get ready for hundreds of new state laws that go into effect on the first day of 2018. Here's a look at some of them:

Voter ID laws

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