[EL] ELB News and Commenary 6/25/11
JBoppjr at aol.com
JBoppjr at aol.com
Sat Jun 25 10:00:27 PDT 2011
I know it is the position of the Democrats asking the FEC for the Advisory
Opinion that candidates can solicit up to 5K and they put that
(meaningless) disclaimer on it. However, the draft AO does not accept that position
and condemns any solicitation by a candidate for a Super PAC. So my point
stands, if this draft AO is accepted by the FEC, Reid and Kerry go to jail
(wrongfully).
I think the disclaimer you are referring to is also arbitrary and
meaningless. What does 5K have to do with a Super PAC? Nothing.
Also, I always understood soft money to refer to unregulated money -- money
not subject to the FECA. The solicitation ban we are talking about refers
directly to that. It is at least confussing to refer to federally
regulated money as "soft money." If it is "soft money" because it is not subject
to any contribution limits under the FECA, then independent expenditures
are soft money. No one in their right mind would say that.
Trevor, good to have you defending what Reid and Kerry did. I would hate to
see them in orange. Jim
In a message dated 6/25/2011 9:23:47 A.M. Eastern Daylight Time,
tpotter at capdale.com writes:
"Soft money" ( or sewer money, as the NY Times used to refer to it) is of
course not a legally-defined term. However, it was used throughout the
McCain-Feingold debate and litigation to mean corpprate and labor funds in
federal elections, and unlimited individual funds. Those are precisely the
soft money funds that SuperPacs can raise.
As to Senators Reid and Kerry, their solicitation observed this
delineation --their lawyers took care that the solicitation stated that they were
NOT soliciting corporate or labor contributions, or individual contributions
over $5,000 (the individual contribution limit to regular federal pacs).
Trevor Potter
Sent by Good Messaging (www.good.com)
-----Original Message-----
From: JBoppjr at aol.com [mailto:JBoppjr at aol.com]
Sent: Saturday, June 25, 2011 08:07 AM Eastern Standard Time
To: rhasen at law.uci.edu; 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-s
olicits.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=mpe
bulallissues&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.
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=19632&
title="Draft%20Limiting%20'Super%20PAC'
%20Fund-Raising%20May%20Not%20Be%20FEC's%20Last%20Word%20on%20Question"&desc
ription=)
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 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-ff
c4-5b4c-b606-60282735cd51.html) .
(http://www.addtoa
ny.com/share_save#url=http://electionlawblog.org/?p=19643&title="
Whether%20White%20can%20serve%20as%20secretary%20of%20state%20to%20be%20deci
ded%20Tuesday"&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-hon
est/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."
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=19641&
title=To%20the%20Georgia%20Secretary%20of%20State:%20Please%20Show%20Me%20E
vidence%20that%20a%20Voter%20ID%20Law%20Would%20Stop%20the%20Kind%20of%20Fra
ud%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)
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=19638&
title="Illinois'
s%20controversial%20redistricting%20map%20becomes%20law;%20GOP%20will%20sue"
&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-2011
0625,0,1065791.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."
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=19635&
title=Remember%20the%20Obama%20Micro-Donors?&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=mpe
bulallissues&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.
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=19632&
title="Draft%20Limiting%20'Super%20PAC'
%20Fund-Raising%20May%20Not%20Be%20FEC's%20Last%20Word%20on%20Question"&desc
ription=)
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-
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=19628&
title=A%20Courageous%20Statement%20on%20Voter%20ID%20Bill%20from%20Republic
an%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/
) .
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=19623&
title=Adler%20Predicts%20a%20Likely%20Cert.%20Grant%20in%20Renzi%20Case&des
cription=)
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-l
iberals-as-election-
ove/) .
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=19620&
title="
Soros%20and%20liberal%20groups%20seeking%20top%20election%20posts%20in%20bat
tleground%20states"&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-20677
4-1.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) .
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=19617&
title=Will%20ColbertNation%20Invade%20the%20FEC?&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_
(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://www.lls.edu/academics/faculty/hasen.html)
_http://electionlawblog.org_ (http://electionlawblog.org/)
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