[EL] ELB News and Commentary 12/20/11

Tue Dec 20 11:23:23 PST 2011

Lots of people change their views on campaign finance (and many other issues) once they think about it more seriously. By his 2008 campaign, Romney was a sharp critic of McCain-Feingold in particular and campaign finance regulation generally. So sometime in the 14 years between his 1994 run for Senate and his 2008 run for president, after serving as governor and seeing the hash of Massachusetts elections laws, Romney's thinking changed. I suppose this is vaguely interesting, but any insinuation that this is unique, or has any bearing on the 2012 election, seems a bit misplaced.

Bradley A. Smith

Josiah H. Blackmore II/Shirley M. Nault

   Professor of Law

Capital University Law School

303 E. Broad St.

Columbus, OH 43215

614.236.6317

http://law.capital.edu/faculty/bios/bsmith.aspx

________________________________
From: law-election-bounces at department-lists.uci.edu [law-election-bounces at department-lists.uci.edu] on behalf of Rick Hasen [rhasen at law.uci.edu]
Sent: Tuesday, December 20, 2011 1:21 PM
To: Steve Hoersting
Cc: law-election at UCI.EDU
Subject: Re: [EL] ELB News and Commentary 12/20/11

Then it is just interesting how much he's changed over the years.

On 12/20/2011 10:17 AM, Steve Hoersting wrote:
I'll repeat this in response to your latest.  "But, really, I see no evidence that the Romney campaign has any intent to secure the Republican nomination by pledging to reintroduce McCain-Feingold, or to join Jamin Raskin in altering the First Amendment."

Thanks,

Steve

On Tue, Dec 20, 2011 at 1:13 PM, Rick Hasen <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>> wrote:
I see now that I posted the wrong link to the 1994 Romney speech on campaign finance.  It is here and worth watching:
http://www.youtube.com/watch?v=RsSGcFZQazQ&feature=player_embedded

A snippet: "But these kinds of associations between money and politics in my view are wrong.  And for that reason I would like to have campaign spending limits. And to say we are not going to spend more than this in certain campaigns, in a campaign for Senator or U.S. Representative and so forth because otherwise I think you have money playing far too important a role. I also would abolish PACs. You probably have one. I don't like them.  I don't like the influence of money whether it is business, labor, or any other group-- I do not like them."

On 12/20/2011 10:00 AM, Steve Hoersting wrote:
Really, Rick: it was an extemporaneous comment on ancillary interview topic.

I suppose Romney might have used the word "irrelevant" if he spoke on campaign finance issues as often as you do -- to take away the possibility of conveying that he advocates legal methods for "get[ting] rid" of SuperPACs, after the Supreme Court and DC Circuit have settled the matter.  I suppose...

But, really, I see no evidence that the Romney campaign has any intent to secure the Republican nomination by pledging to reintroduce McCain-Feingold, or to join Jamin Raskin in altering the First Amendment.

Steve

On Tue, Dec 20, 2011 at 12:47 PM, Rick Hasen <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>> wrote:
That would be "let's make these Super PACs irrelevant," not "let's get rid of the Super PACs", no?

On 12/20/2011 9:36 AM, Steve Hoersting wrote:
There's no better compliance shop than Patton Boggs; Romney's long-serving campaign counsel.  And Jim Bopp was a policy adviser on the 2008 campaign, if memory serves, as was my colleague Brad Smith.

I haven't seen the whole snippet, either.  What Romney said for sure is Lift the restrictions on campaigns and get rid of these SuperPACs.

My post told you what are those restrictions on campaigns: the soft money ban and low contribution limits.  There is no dispute there.

As to the "get rid of these SuperPACs," even I can tell you, having counseled party committees and litigated for would-be SuperPACs, that if the party committee soft-money ban were repealed SuperPACs would almost certainly see a decrease in funding.

Best, Rick,

Steve

On Tue, Dec 20, 2011 at 12:27 PM, Rick Hasen <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>> wrote:
Who has advised Romney over the years on campaign finance?
Also, I did not see the entire Romney interview, just the snippet in the Politico link.  From that snippet, it did not sound like he was talking about getting rid of the soft money ban.  He said he wanted to "get rid" of super pacs.  So if you have a longer transcript or snippet to show how in context "getting rid" of Super PACS does not mean getting rid of them, I'd like to see it.

Thanks.

Rick

On 12/20/2011 9:21 AM, Steve Hoersting wrote:
If you look at who has advised Romney over the years on campaign finance, and listen again to the Morning Joe interview, you have to know Romney means that the soft-money ban on party committees and restrictions on campaign committees are the problems in campaign finance.  And if I'm reading his take correctly, he's right: the soft money ban should be lifted, and contribution limits to candidates increased.

A lot of good people have done a lot of good work to bring forth the Super PAC (if I do say so myself) -- which is to say, have partially restored the First Amendment.  Of the dozens who've spent years working on it, I don't know a one who would keep the party committee soft-money ban.

Romney's "Get rid of these SuperPACs," which actually was "and get rid of these SuperPACs," has to be understood in context.  The big cycles of McCain-Feingold were 2006 ... and 2008.  Who thinks this is lost on Romney?

Romney must also understands that, as the soft money ban and low limit to campaign committees remains, it will only be SuperPACs that can save him from a media megaphone going all all-out to tout his opponent, directly or impliedly.  Indeed, those who doubt this should watch Romney presenting Letterman's (writers') Top Ten list.  The host could barely let his guest finish the bit without taking the liberty of making editorial comments surely no one expected from the writers.

Happy Holidays all,

Steve Hoersting

On Tue, Dec 20, 2011 at 11:55 AM, Rick Hasen <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>> wrote:
“69% Say Photo ID Voting Laws Are Not Discriminatory”<http://electionlawblog.org/?p=26815>
Posted on December 20, 2011 8:47 am<http://electionlawblog.org/?p=26815> by Rick Hasen<http://electionlawblog.org/?author=3>

New<http://www.rasmussenreports.com/public_content/politics/general_politics/december_2011/69_say_photo_id_voting_laws_are_not_discriminatory> Rasmussen poll.

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Posted in election administration<http://electionlawblog.org/?cat=18>, voter id<http://electionlawblog.org/?cat=9> | Comments Off
“Americans Elect wins third-party spot on California ballot”<http://electionlawblog.org/?p=26811>
Posted on December 20, 2011 8:44 am<http://electionlawblog.org/?p=26811> by Rick Hasen<http://electionlawblog.org/?author=3>

The LA Times offers this report<http://www.latimes.com/news/nationworld/nation/la-na-california-americans-elect-20111220,0,4555258.story>.  A snippet about the group’s refusal to disclose its donors: “Sragow said some donors prefer anonymity because they fear retribution for trying to ‘open the doors to the political process.’”  As I’ve explained, the retribution argument used by Americans Elect is laughable<http://www.politico.com/news/stories/1111/67965.html>.

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Posted in campaign finance<http://electionlawblog.org/?cat=10>, third parties<http://electionlawblog.org/?cat=47> | Comments Off
“FEC Republicans’ Statement on Merkley Ads Highlights Unanimous Vote on Coordination”<http://electionlawblog.org/?p=26808>
Posted on December 20, 2011 8:41 am<http://electionlawblog.org/?p=26808> by Rick Hasen<http://electionlawblog.org/?author=3>

BNA<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=23887584&vname=mpebulallissues&fn=23887584&jd=a0d0a7h9h2&split=0>: “The Federal Election Commission’s three Republican commissioners have released a new statement<http://eqs.nictusa.com/eqsdocsMUR/11044310145.pdf> on a two-year-old enforcement case regarding political advertising that featured Sen. Jeff Merkley (D-Ore.)….Though the Merkley case itself is history, the new statement about it highlights a key issue that the FEC continues to grapple with: the circumstances in which political ads are considered independent of a candidate’s campaign. The FEC commissioners deadlocked along party lines on the same issue in a vote at the commission’s Dec. 1 meeting. The vote came on an advisory opinion (AO 2011-23) requested by American Crossroads (3152 Money & Politics Report, 12/2/11<http://news.bna.com/mpdm/display/link_res.adp?fedfid=23887584&fname=a0c9v9f9p0&vname=mpebulallissues>).”

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Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
“Romney: ‘Get rid of these super PACs’”<http://electionlawblog.org/?p=26805>
Posted on December 20, 2011 8:38 am<http://electionlawblog.org/?p=26805> by Rick Hasen<http://electionlawblog.org/?author=3>

I’d love to know more<http://www.politico.com/blogs/burns-haberman/2011/12/romney-get-rid-of-these-super-pacs-108150.html> from Mitt Romney as to how he’d like to “get rid” of Super-PACs.  Does anyone know if he has any position papers or statements on campaign finance reform?

UPDATE:  Here<http://www.rasmussenreports.com/public_content/politics/general_politics/december_2011/69_say_photo_id_voting_laws_are_not_discriminatory>‘s a 94 video with Romney showing strong support for campaign finance reform.  He advocates campaign spending limits, and wants to abolish PACs.

But his position today is unclear<http://campaignmoney.org/blog/2011/12/20/watchdog-group-calls-romney-clarify-position-money-politics>.

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Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
“Gableman voted with law firm after receiving free legal services; He cast key vote in collective bargaining case”<http://electionlawblog.org/?p=26802>
Posted on December 20, 2011 8:29 am<http://electionlawblog.org/?p=26802> by Rick Hasen<http://electionlawblog.org/?author=3>

The hits just keep on coming<http://www.jsonline.com/news/statepolitics/gableman-voted-with-law-firm-after-receiving-free-legal-services-o53gc01-135904063.html> at the Wisconsin Supreme Court.

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Posted in conflict of interest laws<http://electionlawblog.org/?cat=20>, ethics investigations<http://electionlawblog.org/?cat=42> | Comments Off
“R.I. Rep. Cicilline gets help in contentious redistricting battle”<http://electionlawblog.org/?p=26799>
Posted on December 20, 2011 8:26 am<http://electionlawblog.org/?p=26799> by Rick Hasen<http://electionlawblog.org/?author=3>

The Fix reports<http://www.washingtonpost.com/blogs/the-fix/post/ri-rep-cicilline-gets-help-in-contentious-redistricting-battle/2011/12/19/gIQAEWwz6O_blog.html>.

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Posted in redistricting<http://electionlawblog.org/?cat=6> | Comments Off
“Lobbying Your True Love: The True Cost of Twelve Days of Christmas, 2011 Edition”<http://electionlawblog.org/?p=26797>
Posted on December 20, 2011 8:26 am<http://electionlawblog.org/?p=26797> by Rick Hasen<http://electionlawblog.org/?author=3>

The Open Secrets Blog reports<http://www.opensecrets.org/news/2011/12/lobbying-your-true-love-christmas-2011.html>.

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Posted in election law "humor"<http://electionlawblog.org/?cat=52>, lobbying<http://electionlawblog.org/?cat=28> | Comments Off
“Iowa GOP worried by hacker threat to caucus vote”<http://electionlawblog.org/?p=26794>
Posted on December 20, 2011 8:17 am<http://electionlawblog.org/?p=26794> by Rick Hasen<http://electionlawblog.org/?author=3>

AP reports<http://hosted.ap.org/dynamic/stories/U/US_IOWA_CAUCUSES_HACKING?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2011-12-19-18-28-32>.

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Posted in voting technology<http://electionlawblog.org/?cat=40> | Comments Off
“Avoiding the Florida Nightmare in 2012″<http://electionlawblog.org/?p=26792>
Posted on December 20, 2011 8:15 am<http://electionlawblog.org/?p=26792> by Rick Hasen<http://electionlawblog.org/?author=3>

Sundeep Iyer and Lawrence Norden have written this Roll Call oped<http://www.rollcall.com/issues/57_77/sundeep_iyer_lawrence_norden_avoiding_florida_vote_nightmare_2012-211184-1.html?pos=oopih>. It concludes: “The Help America Vote Act was an important opening salvo in the effort to prevent lost votes. But now is not the time to be complacent about that accomplishment. We must be cognizant of how recent voting changes might lead to lost votes, and we must take all feasible steps to ensure that every vote counts in 2012.”

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Posted in voting technology<http://electionlawblog.org/?cat=40> | Comments Off
Why Tuesday? Talks To Republican Candidates in Iowa<http://electionlawblog.org/?p=26790>
Posted on December 20, 2011 8:13 am<http://electionlawblog.org/?p=26790> by Rick Hasen<http://electionlawblog.org/?author=3>

Jacob Soboroff<http://www.whytuesday.org/2011/12/20/why-tues-ask-the-candidates/>: “Newt Gingrich and Rick Santorum don’t know why we vote on Tuesday. Mitt Romney thinks good candidates will increase voter turnout. And Michele Bachmann stands on an apple box when speaking at the podium. Those are a few things I learned after three days on the ground in Iowa, home of our first-in-the-nation Iowa Caucuses.”

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Posted in voting<http://electionlawblog.org/?cat=31> | Comments Off
“The Texas Redistricting Case and the Likely Continued Erosion of the Section 5 Process”<http://electionlawblog.org/?p=26786>
Posted on December 19, 2011 3:24 pm<http://electionlawblog.org/?p=26786> by Rick Hasen<http://electionlawblog.org/?author=3>

Mike Pitts offers some insightful analysis<http://www.concurringopinions.com/archives/2011/12/the-texas-redistricting-case-and-the-likely-continued-erosion-of-the-section-5-process.html>.

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Posted in Supreme Court<http://electionlawblog.org/?cat=29>, Voting Rights Act<http://electionlawblog.org/?cat=15> | Comments Off
“From Citizenship to Voting: Improving Registration for New Americans”<http://electionlawblog.org/?p=26784>
Posted on December 19, 2011 3:23 pm<http://electionlawblog.org/?p=26784> by Rick Hasen<http://electionlawblog.org/?author=3>

New Demos publication<http://www.demos.org/publication/citizenship-voting-improving-registration-new-americans>.

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Posted in voter registration<http://electionlawblog.org/?cat=37> | Comments Off
“Wager on Elections? You Bet”<http://electionlawblog.org/?p=26781>
Posted on December 19, 2011 2:23 pm<http://electionlawblog.org/?p=26781> by Rick Hasen<http://electionlawblog.org/?author=3>

Politico reports<http://www.politico.com/news/stories/1211/70624.html#.Tu-2OFL0lZE.twitter>.

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Posted in campaigns<http://electionlawblog.org/?cat=59> | Comments Off
If You Wanted to Draft a Constitutional Amendment to Overturn Citizens United, What Would It Look Like?<http://electionlawblog.org/?p=26778>
Posted on December 19, 2011 2:00 pm<http://electionlawblog.org/?p=26778> by Rick Hasen<http://electionlawblog.org/?author=3>

12 questions<http://www.ourfuture.org/blog-entry/2011125119/how-choose-so-many-constitutional-amendments>.

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Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
“Judge refuses to dismiss charges against White”<http://electionlawblog.org/?p=26776>
Posted on December 19, 2011 1:59 pm<http://electionlawblog.org/?p=26776> by Rick Hasen<http://electionlawblog.org/?author=3>

AP<http://content.usatoday.net/dist/custom/gci/InsidePage.aspx?cId=indystar&sParam=38177659.story>: “A judge on Monday denied Indiana Secretary of State Charlie White’s bid to avoid a trial on voter fraud and other criminal charges that could lead to his removal from office.”

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Posted in SOS White<http://electionlawblog.org/?cat=13> | Comments Off
“Walker says lawsuit will protect integrity of recall process”<http://electionlawblog.org/?p=26772>
Posted on December 19, 2011 1:56 pm<http://electionlawblog.org/?p=26772> by Rick Hasen<http://electionlawblog.org/?author=3>

The latest<http://www.jsonline.com/blogs/news/135868053.html> from Wisconsin.

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Posted in direct democracy<http://electionlawblog.org/?cat=62>, recall elections<http://electionlawblog.org/?cat=11> | Comments Off
Will President Obama Make A Recess Appointment of Cordray (and Others?) After All?<http://electionlawblog.org/?p=26770>
Posted on December 19, 2011 1:55 pm<http://electionlawblog.org/?p=26770> by Rick Hasen<http://electionlawblog.org/?author=3>

It<http://t.co/LjPWmEER> may<http://www.politico.com/politico44/perm/1211/echoes_of_tr_17634fb9-21bd-49a0-a20e-0294c2165210.html> happen<http://online.wsj.com/article/SB10001424052970204058404577106872046993652.html>.  Maybe some judges in there too?  So what’s the downside for President Obama?  More partisan divide in the Senate?

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Posted in legislation and legislatures<http://electionlawblog.org/?cat=27> | Comments Off
“Candidate Venture Capital”<http://electionlawblog.org/?p=26767>
Posted on December 19, 2011 12:54 pm<http://electionlawblog.org/?p=26767> by Rick Hasen<http://electionlawblog.org/?author=3>

Tom Donnelly has posted this draft<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1935376> on SSRN (University of Cincinnati Law Review).  Here is the abstract:

Candidate venture capital contributions are large donations given to candidates near the beginning of campaigns in order to provide them with sufficient resources to test their ideas in the campaign marketplace. These contributions can take the form of either large private donations or public grants. Although election law scholars and political scientists disagree a great deal over the aggregate effects of money in politics (and the utility of various reform proposals), they generally agree that early money is particularly valuable to political newcomers ― especially when challenging incumbents. While both campaign finance reformers and anti-reformers often pay lip service to the value of early campaign cash, both sides usually offer prescriptions that deal with campaign contributions in an undifferentiated manner. This Article offers a different approach, focusing exclusively on how our campaign finance system might be altered to promote the value of early campaign cash in its own right. Rather than seeking undifferentiated contribution limits (like the typical reformer) or the complete deregulation of private contributions (like the typical anti-reformer), this Article suggests that policymakers might instead tailor campaign finance regulations to reflect the changing value of campaign cash over the course of the typical election cycle. Central to such an approach is a campaign finance system that increases the overall flow of candidate venture capital. In the end, this Article is an attempt to place the element of time at the center of the debate over campaign finance.

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“What are the people behind Americans Elect thinking?”<http://electionlawblog.org/?p=26765>
Posted on December 19, 2011 12:52 pm<http://electionlawblog.org/?p=26765> by Rick Hasen<http://electionlawblog.org/?author=3>

Sandy Levinson blogs<http://balkin.blogspot.com/2011/12/what-are-people-behind-america-elects.html>.

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Posted in third parties<http://electionlawblog.org/?cat=47> | Comments Off
“Gingrich’s sale of mailing list unlawful, watchdog group charges”<http://electionlawblog.org/?p=26762>
Posted on December 19, 2011 12:20 pm<http://electionlawblog.org/?p=26762> by Rick Hasen<http://electionlawblog.org/?author=3>

WaPo reports<http://www.washingtonpost.com/politics/gingrichs-sale-of-mailing-list-unlawful-watchdog-group-charges/2011/12/19/gIQArh3s4O_story.html>.

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Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
What Can the EAC Do Without a Quorum of Commisioners?<http://electionlawblog.org/?p=26759>
Posted on December 19, 2011 12:17 pm<http://electionlawblog.org/?p=26759> by Rick Hasen<http://electionlawblog.org/?author=3>

The EAC blog explains<http://www.eac.gov/blogs/work_continues_at_the_eac/>.

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Posted in election administration<http://electionlawblog.org/?cat=18>, Election Assistance Commission<http://electionlawblog.org/?cat=34> | Comments Off
“Super PACs: How We Got Here, Where We Need to Go”<http://electionlawblog.org/?p=26757>
Posted on December 19, 2011 12:16 pm<http://electionlawblog.org/?p=26757> by Rick Hasen<http://electionlawblog.org/?author=3>

A Trevor Potter speech<http://www.clcblog.org/index.php?option=com_content&view=article&id=444:super-pacs-how-we-got-here-where-we-need-to-go>.

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Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
“A Partisan Lightning Rod is Undeterred”<http://electionlawblog.org/?p=26755>
Posted on December 19, 2011 10:00 am<http://electionlawblog.org/?p=26755> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT must-read interview<http://www.nytimes.com/2011/12/18/us/politics/under-partisan-fire-eric-holder-soldiers-on.html?_r=1&ref=politics> with AG Eric Holder, just before his voting right speech at the LBJ library.

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Posted in Department of Justice<http://electionlawblog.org/?cat=26> | Comments Off
“RNC Moves Voter Data Outside to Compete With Democrats”<http://electionlawblog.org/?p=26753>
Posted on December 19, 2011 9:47 am<http://electionlawblog.org/?p=26753> by Rick Hasen<http://electionlawblog.org/?author=3>

ClickZ reports <http://www.clickz.com/clickz/news/2133246/rnc-moves-voter-outside-compete-democrats> (via Bob Biersack<https://twitter.com/#%21/rbiersack/status/148820461789253632>).

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Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
--
Rick Hasen
Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
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http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org

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Stephen M. Hoersting

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Rick Hasen
Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072<tel:949.824.3072> - office
949.824.0495<tel:949.824.0495> - fax
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org

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Stephen M. Hoersting

--
Rick Hasen
Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072<tel:949.824.3072> - office
949.824.0495<tel:949.824.0495> - fax
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org

--
Stephen M. Hoersting

--
Rick Hasen
Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072<tel:949.824.3072> - office
949.824.0495<tel:949.824.0495> - fax
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org

--
Stephen M. Hoersting

--
Rick Hasen
Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org
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