[EL] ELB News and Commenary 6/25/11

Sat Jun 25 08:13:53 PDT 2011

Jim--

I want to clarify one aspect of your comment below.  The solicitations you mention were for funds consistent with the federal limits for PACs.  The email solicitations expressly sought amounts well under the $5,000 limit.  Furthermore the emails contained clear statements that they were seeking contributions only up to $5,000 and only from individuals (or federal PACs).  The website landing page was further restricted to not permitting contributions in excess of $5,000 and donors had to affirmatively check a box that they were only contributing individual funds (not corp or labor funds).  Indeed, in the link you include, the attorney for CLC is quoted saying:  "Reid here is clearly asking only for contributions from individuals within the federal contribution limits."

Thus, the solicitations you reference were legal under all interpretations of the law, including the draft AO published on Thursday and will be regardless of how the FEC decides the very different issue of whether Members can solicit unlimited funds for superpacs.

Marc

From: "JBoppjr at aol.com<mailto:JBoppjr at aol.com>" <JBoppjr at aol.com<mailto:JBoppjr at aol.com>>
Date: Sat, 25 Jun 2011 07:04:25 -0500
To: "rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>" <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>>, "law-election at uci.edu<mailto:law-election at uci.edu>" <law-election at uci.edu<mailto:law-election at uci.edu>>
Subject: Re: [EL] ELB News and Commenary 6/25/11

    Super PACs are federally registered and regulated PACs that have no contribution limits. Soft money is federally unregulated money. Thus, Super PACs raise hard money that candidates can raise, not "soft money" that they usually cannot, as Rick erroneously describes it.

    The other interesting ramification of the FEC adopting the General Counsel's predictably very restrictive draft is that Senators Reid and Kerry have already solicited funds for a democrat Super PAC.
Click here: Senate Majority Leader Harry Reid Solicits Cash for New Democratic Super PAC - OpenSecrets Blog | OpenSecrets<http://www.opensecrets.org/news/2011/06/senate-majority-leader-harry-reid-solicits.html>  This solicitation was certainly intentional, so criminal charges could be brought. (Anyone wanta bet on the Obama DOJ doing that!)  But in any event it is a violation under the draft AO.

    This would be a ridiculous outcome but one that would result if the FEC does not get this right and let candidates do this.  Jim Bopp

“Draft Limiting ‘Super PAC’ Fund-Raising May Not Be FEC’s Last Word on Question”<http://electionlawblog.org/?p=19632>
Posted on June 24, 2011<http://electionlawblog.org/?p=19632> by Rick Hasen<http://electionlawblog.org/?author=3>

BNA reports<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=21191867&vname=mpebulallissues&fn=21191867&jd=a0c8e1d4d4&split=0> on the draft advisory opinion on next week’s agenda: “A draft advisory opinion ruling released by the Federal Election Commission would reject a proposal to allow national officials to help so-called Super PACs raise unlimited contributions….However, FEC officials said June 24 that they expect a competing draft to be released before the FEC meets to consider the pending advisory opinion on Super PAC fund-raising. The yet-unreleased draft may conclude that there should be no restrictions on federal and party officials’ fund-raising for these PACs.”

Let’s be clear: that competing proposal would get party leaders back into raising soft money. If the FEC deadlocks again, and this leads to a green light to such a turn of events, it would be a very bad development in my opinion—reversing the other pillar of McCain-Feingold. It is not clear to me whether there could be preemptive court action if, as I expect could well happen, the FEC deadlocks on this issue on party lines.

[cid:X.MA1.1309003464 at aol.com]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D19632&title=%E2%80%9CDraft%20Limiting%20%E2%80%98Super%20PAC%E2%80%99%20Fund-Raising%20May%20Not%20Be%20FEC%E2%80%99s%20Last%20Word%20on%20Question%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off

In a message dated 6/24/2011 10:48:09 P.M. Eastern Daylight Time, rhasen at law.uci.edu<mailto:rhasen at law.uci.edu> writes:
“Whether White can serve as secretary of state to be decided Tuesday”<http://electionlawblog.org/?p=19643>
Posted on June 24, 2011<http://electionlawblog.org/?p=19643> by Rick Hasen<http://electionlawblog.org/?author=3>

See here<http://www.nwitimes.com/news/state-and-regional/indiana/article_e0209164-ffc4-5b4c-b606-60282735cd51.html>.

[cid:X.MA2.1309003464 at aol.com]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D19643&title=%E2%80%9CWhether%20White%20can%20serve%20as%20secretary%20of%20state%20to%20be%20decided%20Tuesday%E2%80%9D&description=>
Posted in SOS White<http://electionlawblog.org/?cat=13> | Comments Off
To the Georgia Secretary of State: Please Show Me Evidence that a Voter ID Law Would Stop the Kind of Fraud You Find and Prosecute<http://electionlawblog.org/?p=19641>
Posted on June 24, 2011<http://electionlawblog.org/?p=19641> by Rick Hasen<http://electionlawblog.org/?author=3>

SOS Kemp, in WaPo letter to the editor<http://www.washingtonpost.com/opinions/how-voter-id-laws-keep-elections-honest/2011/06/22/AGS6UkjH_story.html>: “Mr. Dionne argued that photo ID and related election-security laws are not needed because voter fraud ‘is not a major problem.’ As chairman of the Georgia State Election Board, I can attest that every year we investigate and penalize hundreds of people guilty of election and voter fraud, and we work with county district attorneys to prosecute them on criminal charges.”

[cid:X.MA3.1309003464 at aol.com]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D19641&title=To%20the%20Georgia%20Secretary%20of%20State%3A%20Please%20Show%20Me%20Evidence%20that%20a%20Voter%20ID%20Law%20Would%20Stop%20the%20Kind%20of%20Fraud%20You%20Find%20and%20Prosecute&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, voter id<http://electionlawblog.org/?cat=9> | Comments Off
“Illinois’s controversial redistricting map becomes law; GOP will sue”<http://electionlawblog.org/?p=19638>
Posted on June 24, 2011<http://electionlawblog.org/?p=19638> by Rick Hasen<http://electionlawblog.org/?author=3>

The Hill‘s Ballot Box blog reports.<http://thehill.com/blogs/ballot-box/redistricting/168397-illinois-proposed-redistricting-map-becomes-official>

[cid:X.MA4.1309003464 at aol.com]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D19638&title=%E2%80%9CIllinois%E2%80%99s%20controversial%20redistricting%20map%20becomes%20law%3B%20GOP%20will%20sue%E2%80%9D&description=>
Posted in redistricting<http://electionlawblog.org/?cat=6> | Comments Off
Remember the Obama Micro-Donors?<http://electionlawblog.org/?p=19635>
Posted on June 24, 2011<http://electionlawblog.org/?p=19635> by Rick Hasen<http://electionlawblog.org/?author=3>

LA Times<http://www.latimes.com/news/nationworld/nation/la-na-0625-obama-donors-20110625,0,1065791.story>: “A new program called Presidential Partners asks supporters to commit $75,800 to the Obama Victory Fund, a joint project of the campaign and the Democratic National Committee.”

[cid:X.MA5.1309003464 at aol.com]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D19635&title=Remember%20the%20Obama%20Micro-Donors%3F&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
“Draft Limiting ‘Super PAC’ Fund-Raising May Not Be FEC’s Last Word on Question”<http://electionlawblog.org/?p=19632>
Posted on June 24, 2011<http://electionlawblog.org/?p=19632> by Rick Hasen<http://electionlawblog.org/?author=3>

BNA reports<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=21191867&vname=mpebulallissues&fn=21191867&jd=a0c8e1d4d4&split=0> on the draft advisory opinion on next week’s agenda: “A draft advisory opinion ruling released by the Federal Election Commission would reject a proposal to allow national officials to help so-called Super PACs raise unlimited contributions….However, FEC officials said June 24 that they expect a competing draft to be released before the FEC meets to consider the pending advisory opinion on Super PAC fund-raising. The yet-unreleased draft may conclude that there should be no restrictions on federal and party officials’ fund-raising for these PACs.”

Let’s be clear: that competing proposal would get party leaders back into raising soft money.  If the FEC deadlocks again, and this leads to a green light to such a turn of events, it would be a very bad development in my opinion—reversing the other pillar of McCain-Feingold.  It is not clear to me whether there could be preemptive court action if, as I expect could well happen, the FEC deadlocks on this issue on party lines.

[cid:X.MA6.1309003464 at aol.com]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D19632&title=%E2%80%9CDraft%20Limiting%20%E2%80%98Super%20PAC%E2%80%99%20Fund-Raising%20May%20Not%20Be%20FEC%E2%80%99s%20Last%20Word%20on%20Question%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
A Courageous Statement on Voter ID Bill from Republican Ohio Secretary of State<http://electionlawblog.org/?p=19628>
Posted on June 24, 2011<http://electionlawblog.org/?p=19628> by Rick Hasen<http://electionlawblog.org/?author=3>

FOR IMMEDIATE RELEASE

Friday, June 24, 2011

SECRETARY OF STATE HUSTED STATEMENT ON PHOTO ID LEGISLATION

COLUMBUS – The following may be attributed in whole or in part to Secretary of State Jon Husted regarding the photo identification legislation pending in the General Assembly.

“I want to be perfectly clear, when I began working with the General Assembly to improve Ohio’s elections system it was never my intent to reject valid votes. I would rather have no bill than one with a rigid photo identification provision that does little to protect against fraud and excludes legally registered voters’ ballots from counting.

“It is in the hands of the General Assembly.”

-30-

[cid:X.MA7.1309003464 at aol.com]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D19628&title=A%20Courageous%20Statement%20on%20Voter%20ID%20Bill%20from%20Republican%20Ohio%20Secretary%20of%20State&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1> | Comments Off
Adler Predicts a Likely Cert. Grant in Renzi Case<http://electionlawblog.org/?p=19623>
Posted on June 24, 2011<http://electionlawblog.org/?p=19623> by Rick Hasen<http://electionlawblog.org/?author=3>

Here<http://volokh.com/2011/06/24/circuit-split-over-speech-and-debate-clause/>.  I’m inclined to agree.

UPDATE: Mike Stern too<http://www.pointoforder.com/2011/06/24/a-cert-worthy-speech-or-debate-case/>.

[cid:X.MA8.1309003464 at aol.com]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D19623&title=Adler%20Predicts%20a%20Likely%20Cert.%20Grant%20in%20Renzi%20Case&description=>
Posted in Speech or Debate Clause<http://electionlawblog.org/?cat=36> | Comments Off
“Soros and liberal groups seeking top election posts in battleground states”<http://electionlawblog.org/?p=19620>
Posted on June 24, 2011<http://electionlawblog.org/?p=19620> by Rick Hasen<http://electionlawblog.org/?author=3>

The Washington Times has this very interesting report<http://www.washingtontimes.com/news/2011/jun/23/section-527-works-to-seat-liberals-as-election-ove/>.

[cid:X.MA9.1309003464 at aol.com]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D19620&title=%E2%80%9CSoros%20and%20liberal%20groups%20seeking%20top%20election%20posts%20in%20battleground%20states%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, election administration<http://electionlawblog.org/?cat=18> | Comments Off
Will ColbertNation Invade the FEC?<http://electionlawblog.org/?p=19617>
Posted on June 24, 2011<http://electionlawblog.org/?p=19617> by Rick Hasen<http://electionlawblog.org/?author=3>

Could be.<http://www.rollcall.com/news/fec_seeks_to_clarify_rules_for_super_pac-206774-1.html?pos=htmbtxt> You can read two draft opinions to be considered by the FEC at its June 30 meeting at this link<http://fec.gov/agenda/2011/mtgdoc_1138a_and_b.pdf>.

[cid:X.MA10.1309003464 at aol.com]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D19617&title=Will%20ColbertNation%20Invade%20the%20FEC%3F&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, chicanery<http://electionlawblog.org/?cat=12> | Comments Off

--
Rick Hasen
Visiting Professor
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

William H. Hannon Distinguished Professor of Law
Loyola Law School
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org<http://electionlawblog.org/>

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