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Monday, April 28, 2008

US Supreme Court Upholds Voter ID Requirement

This morning the United States Supreme Court released its decision in Crawford v. Marion County Election Board (pdf). This case sought to determine whether the State of Indiana's voter identification requirement violated the constitutional rights of voters.

In its plurality-decision today, the Court upheld the voter identification requirement in Indiana, ruling that states only need a rational justification for implementing new voting requirements.

Institute for Law and Politics Advisory Board Member Rick Hasen has a more detailed analysis on his Election Law Blog.

Do you think today's Court ruling will encourage additional states to pass stricter voting requirements?

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Friday, April 11, 2008

Monday, April 28: Professor Patrick Garry to Lead Lunch Discussion on Judicial Decisionmaking

On Monday, April 28, University of South Dakota Law Professor Patrick Garry will lead a discussion on his new book, "An Entrenched Legacy: How the New Deal Constitutional Revolution Continues to Shape the Role of the Supreme Court."

From Amazon:

"An Entrenched Legacy takes a fresh look at the role of the Supreme Court in our modern constitutional system. Although criticisms of judicial power today often attribute its rise to the activism of justices seeking to advance particular political ideologies, Patrick Garry argues instead that the Supreme Court's power has grown mainly because of certain constitutional decisions during the New Deal era that initially seemed to portend a lessening of the Court's power."
This event is part of the Institute for Law and Politics' regular Lunch Discussion Series.

The lunch will be from 12:15pm - 1:15pm at the University of Minnesota Law School. (Click here for parking and directions).

The discussion is free and open to the public. Lunch is provided.

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Thursday, April 24: Governor Al Quie and Representative Steve Simon to Discuss Judicial Selection in Minnesota

On Thursday, April 24, Former Minnesota Governor Al Quie (R) and Minnesota State Representative Steve Simon (DFL) will discuss possible reforms to Minnesota's judicial selection system.

Governor Quie recently chaired a state commission to study possible reforms to Minnesota's system. A copy of the commission's report is available online.

This event is part of the Institute for Law and Politics' regular Lunch Discussion Series. It is co-sponsored by the Law School Democrats and Minnesotans for Impartial Courts.

The lunch will be from 12:15pm - 1:30pm in Spannaus Commons at the University of Minnesota Law School. (Click here for parking and directions).

The discussion is free and open to the public. Lunch is provided.

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Wednesday, April 9, 2008

Monday, April 28: Professor Marc-Olivier Baruch to Discuss the Implementation of Anti-Semitic Legislation in France in 1940-44

On Monday, April 28, Professor Marc-Olivier Baruch, Professor and Director of Studies, Center of Historical Research, L'Ecole des Hautes Etudes en Sciences Sociale, CNRS, will lead a discussion on the implementation of anti-Semitic legislation in France in 1940-44.

Professor Baruch is a French historian; in addition to his work as a scholar writing books and articles, Professor Baruch testified at the war crimes trial of Maurice Papon.

This event is co-sponsored by the Institute for Law and Rationality and the Program in Law and History.

The event will be at 3:30pm in Room 348 of the University of Minnesota Law School. (Click here for parking and directions).

The discussion is free and open to the public. A reception will follow the talk.

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Monday, March 31, 2008

Klobuchar Endorses Obama


The latest news from the Wall Street Journal and the Star Tribune indicates that freshman Senator Amy Klobuchar (D-MN) endorsed presidential candidate Barack Obama last night.

"My endorsement reflects both Barack's strong support in my state and my own independent judgment about his abilities," explained Klobuchar, likening the Illinois Democrat to Minnesota's first Vice President, Hubert Humphrey.

According to the New York Times superdelegate tracker, the senator's endorsement of Obama leaves only two Minnesota superdelegates uncommitted: Collin Peterson, the representative from the state's 7th Congressional district; and Nancy Larson, a state party official.

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Wednesday, March 26, 2008

Will Protracted Nomination Fight Help or Hurt Democrats?


Common political wisdom in recent weeks, as exemplified by this report in the New York Times, is that a protracted nomination fight could spoil the best chance Democrats have in recent years of reclaiming the White House. With an unpopular president and a struggling economy, Democratic candidates Barack Obama (D-IL) and Hillary Clinton (D-NY) argue that they have a unique opportunity to claim the mantle of change and sail to victory. However, with neither likely to gain the nomination without the help of so-called superdelegates, neither appears likely to concede to the other any time soon. The result, many in the Democratic Party fear, is that they will tear each other down and hurt each other's chances at winning the presidency.

However, as a recent analysis in the Washington Post suggests, there may be a flip side to a protracted nomination fight: increased voter registration and interest. While Democrats participating in early contests outnumbered republicans by nearly 2 to 1 in states like Iowa, they are gaining an even greater advantage in registered voters in more recent states like Pennsylvania, where Republicans have no meaningful contest, with presumptive nominee John McCain (R-AZ) having already secured the delegates necessary to win the nomination.

Will a protracted nomination fight help or hurt Democrats? Post in the comments section below.
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Thursday, March 13, 2008

What Could Go Wrong in Florida?

Institute for Law and Politics Advisory Board Member Rick Hasen predicts in his Election Law Blog three potential problems if Florida goes forward with a June Mail-Vote Primary:

1. An Election Meltdown
As I have noted,"there's something especially worrisome about rolling out a new system for counting votes for the first time in a presidential contest. It is like debuting your new play straight on Broadway." Dan Tokaji has raised similar and additional administrability concerns. A meltdown could well backfire on the Democrats, making Floridians less likely to vote for a Democrat in the fall, and tarnishing even further the reputation of Florida.

2. The Specter of Vote Fraud
Any time voting takes place outside the voting booth, there is the chance of a vote buying arrangement. As I have explained, absentee ballot fraud was rampant enough for a court to void the Miami mayor's race of 1997. We can also expect that the loser of the contest will have an incentive to claim fraud as a way of trying to undermine the results, much like what may be happening with the Texas caucus right now.

3. Undermining the Ability of the DNC to Insure Order on the Primary Process
It would be quite ironic if Florida, despite having broken the rules, would get to hold a final primary that the media (and perhaps the candidates) will bill as the decisive contest to sway the superdelegates (as in, whoever can win in Florida deserves to take on John McCain in November). What incentive will this create for states in 2012 asked to abide by the Democratic party rules for the timing of primaries and caucuses?


What do you think the odds are of one or more of these problems arising if Florida Democrats go forward with their plan?

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Wednesday, March 12, 2008

Florida Democratic Party Proposes June 3 Mail Vote Primary

Politico reports that the Florida Democratic Party has developed a plan to redo its Primary election through a June 3 Mail Ballot.

No word yet from either Clinton or Obama on their reactions to the proposal. The re-vote election is estimated to cost between $10-$12 million, though right now, no one has volunteered to pay for it.

The plan reads in part:

" With the oversight of the commission, the primary will be managed by reputable election management companies who are experienced in special elections. A recognized accounting firm will provide further assurance that the process is conducted fairly and accurately. Civil rights and election law attorneys will monitor all legal aspects of the primary.

The primary will be organized at a Florida Democratic Primary Headquarters (HQ) office in Central Florida. The 50 REOs will handle local outreach and educational activity, with specific consideration given to disadvantaged communities.

Vote-by-mail (VBM) packets will be mailed to all registered Democratic voters at least two weeks prior to Election Day (likely earlier). This will be handled by a firm experienced in special elections conducted by mail. VBM packets will contain a prepaid, addressed return envelope and one ballot. The instructions will be simple and clearly printed on the ballot and envelope. All ballots and instructions will be printed in English, Spanish and Creole to comply with Section 2 of the Voting Rights Act. The plan can be submitted to the Justice Department for approval under Section 5.

Although VBM packets will not be forwarded, when a ballot is returned as undeliverable, a notification card will be sent to the voter’s forwarding address offering the voter the opportunity to correct their registration record and receive a new VBM packet in time for the election. The undeliverable ballots also will be recorded and stored until 21 days after the voting deadline.

If a voter does not receive a ballot or whose ballot has been damaged/lost, he or she may contact HQ or an REO to request a replacement. A voter may cast an in-person provisional ballot at a regional office if their voting eligibility cannot be confirmed.
REOs will be open every day for the two weeks leading up to the voting deadline for informational purposes, distribution of replacement ballots, in-person voting, and collection of completed ballots. REOs will have a locked ballot box and will be staffed, but votes will only be counted at HQ. Every evening, the day’s ballot box will be picked up from the REOs and transported to HQ. All ballots must be received by 7:00 PM on Election Day to count."

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Monday, March 10, 2008

The Myth of Voter Fraud?

Institute for Law and Politics Senior Fellow David Schultz recently published a law review article titled, "Less Than Fundamental: The Myth of Voter Fraud and the Coming of the Second Great Disenfranchisement (PDF)"

In the article, Professor Schultz essentially makes two arguments. First, he argues that claims of widespread intentional voter fraud are exaggerated and that there is little evidence of it at all.

Professor Schultz further argues that policy reactions to these exaggerated claims of voter fraud, such as stricter voter registration laws, are likely to lead to the disenfranchisement of some voters, despite the lack of evidence that there is a problem with our elections in the first place.

Check out the article, then let us know what you think. Are claims of voter fraud overblown? Are stricter voting requirements appropriate?


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Monday, February 25, 2008

Presidential Candidate Campaign Obstacles


Now that there's a mini-lull in the presidential campaign schedule, here is some information on the obstacles facing each of the remaining presidential candidates:

For Senator John McCain (R-AZ), the presumptive Republican nominee, there is a concern that his prior entry into the Federal Election Commission's (FEC) public financing system, and the FEC chairman's recent letter suggesting McCain will not be able to withdraw from such a system, will hamstring his campaign before he officially accepts the Republican nomination in Minneapolis-St. Paul in September. Of particular interest is the irony that the very system McCain helped create may well limit his ability to compete with financial juggernauts, Sens. Barack Obama (D-IL) or Hillary Clinton (D-NY). This, of course, is in addition to the recent, oft-criticized reports, that McCain engaged in an improper relationship with a female lobbyist during his 2000 presidential campaign.

Before Senator Clinton even worries about facing McCain, however, she needs to combat the perception that her campaign is losing momentum, or as the New York Times reports, that her political horizon "darkens." As of Monday, February 25, Clinton has lost eleven straight nominating contests to Obama, and her campaign acknowledges that she must win delegate-rich Texas and Ohio to remain competitive.

Senator Obama faces obstacles on several fronts, including Republican accusations that he lacks patriotism, Senator Clinton's suggestions that Obama has flip-flopped on his stance on union involvement in this campaign, and even the concern that perennial presidential candidate Ralph Nader, who recently announced he will again seek the presidency, will siphon votes from Obama. Finally, those comparing Obama to inspirational politicians of the 1960s fear that his candidacy threatens his life.

It will be an interesting 9-10 days to see which of these obstacles proves lasting and which fades with the passage of time.

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