[EL] ELB News and Commentary 11/8/11
Trevor Potter
tpotter at capdale.com
Wed Nov 9 05:16:02 PST 2011
Except it doesn't say "V**e for Buddy Roemer"--it says "**** *** ****".. So Brad must be using the famous "subpart B" of the FEC express advocacy regulations disavowed by recent GOP Commissioners-an ad "capable of no other interpretation"...
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-----Original Message-----
From: Smith, Brad [mailto:BSmith at law.capital.edu]
Sent: Wednesday, November 09, 2011 08:01 AM Eastern Standard Time
To: Trevor Potter
Cc: law-election at uci.edu
Subject: RE: Re: [EL] ELB News and Commentary 11/8/11
No, and I had taken those facts into acount. The words "vote for me" are unmistakeable to any voter, as much as if a written communication said "V**e for Buddy Roemer." Indeed, the little bleep effort probably just makes it a knowing and willful violation.
- Brad Smith
________________________________________
From: Trevor Potter [tpotter at capdale.com]
Sent: Wednesday, November 09, 2011 3:59 AM
To: Rick Hasen
Cc: Smith, Brad; law-election at uci.edu
Subject: RE: Re: [EL] ELB News and Commentary 11/8/11
The ad Mr. Colbert has said he would run if the American Crossroads AOR is approved is the one he submitted to the FEC in his comments. As Rick notes, that ad does not contain express words of advocacy. Where those were in the ad he showed his studio audience there is now a bleep. So viewers of the ad as broadcast to advertisers not not include any express words. None of this is a secret--the ad he has submitted ti the FEC clearly contains the bleep. Does that fact change your views, Brad and Rick?
Best
Trevor
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-----Original Message-----
From: Rick Hasen [mailto:rhasen at law.uci.edu]
Sent: Tuesday, November 08, 2011 05:26 PM Eastern Standard Time
To: Trevor Potter
Cc: Smith, Brad; law-election at uci.edu
Subject: Re: [EL] ELB News and Commentary 11/8/11
How about Roemer saying "Vote for me"? Don't go all WRTL on me, Trevor.
Here's a transcript of the ad which I made by listening. On the version on the web, the word "vote" is bleeped out, but it was not bleeped last night when I saw it on television:
Roemer: "Hi. I'm Buddy Roemer. God I wish I weren't in this ad. See I didn't pay for it. Colbert Super-PAC did. And Super-Pacs are not supposed to coordinate with candidates like me. But because this is an 'issue ad' about Super-PACs not coordinating with candidates I can be in it as long as I don't say [Roemer pauses and faces the camera]: 'Vote for me." [On screen are then flashed the words 'Not an endorsement'.]. I say that argument is just a fig leaf so super-pacs can justify doing whatever they want. And they have a lot of money folks. They built this fake set, with fake books, filled with real money. Hell, they even bought Colbert a unicorn."
Colbert: "All perfectly legal, Rainbow."
Roemer: "I'm Buddy Roemer and I approve this message. Did you?"
Colbert: "To Narnia."
Announcer: "This issue ad paid for by Americans for Tomorrow, Tommorow and approved by Buddy Roemer. No money was harmed in the making of this ad."
On 11/8/2011 12:47 PM, Trevor Potter wrote:
It would be enlightening to know why each of you reached that conclusion.Are there express words of advocacy? Is it the identification of Gov. Roemer as a candidate? is the ad capable of no other interpretation (even though the Governor identifies the "issue" of campaign finance policy as the reason for the ad?). What is the legal rational for your inclusions, Brad and Rick-for the education of the list serve?
Best
Trevor
Sent from my iPad
On Nov 8, 2011, at 9:05 PM, "Rick Hasen" <rhasen at law.uci.edu> wrote:
It is not every day that Brad Smith and I would vote the same way on an issue before the FEC.
On 11/8/2011 11:22 AM, Smith, Brad wrote:
If I were still an FEC Commissioner, based on what I know, I would find that the Colbert/Roemer ad was a coordinated communication containing express advocacy and thus could not be paid for by Colbert's PAC.
Bradley A. Smith
Josiah H. Blackmore II/Shirley M. Nault
Designated Professor of Law
Capital University Law School
303 East Broad Street
Columbus, OH 43215
(614) 236-6317
bsmith at law.capital.edu <mailto:bsmith at law.capital.edu>
http://www.law.capital.edu/faculty/bios/bsmith.asp <http://www.law.capital.edu/faculty/bios/bsmith.asp>
From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
Sent: Tuesday, November 08, 2011 11:22 AM
To: law-election at uci.edu
Subject: [EL] ELB News and Commentary 11/8/11
Must-Watch Colbert Segments on Super PACs and Coordination with Candidates <http://electionlawblog.org/?p=25160>
Posted on November 8, 2011 9:10 am <http://electionlawblog.org/?p=25160> by Rick Hasen <http://electionlawblog.org/?author=3>
It is not easy to make the complex world of campaign finance comprehensible, much less entertaining. One unanswered question in the current campaign finance world is whether Super PACs may feature candidates in their ads if they do so far enough out before the election. For background on the issue, see this post <http://electionlawblog.org/?p=24164> linking to this NYT report <http://www.nytimes.com/2011/10/13/us/politics/ben-nelsons-campaign-ads-may-break-new-ground.html?hp> on Ben Nelson and this <http://electionlawblog.org/?p=24143> WaPo report <http://electionlawblog.org/?p=24143> on American Crossroads seeking to emulate and expand on the Nelson strategy. The American Crossroads request for an advisory opinion with the FEC is here <http://saos.nictusa.com/aodocs/1188794.pdf> .
Stephen Colbert took this issue on last night, with some help from Trevor Potter, and it was brilliant performance art. Not only did Colbert feature a segment explaining <http://www.colbertnation.com/the-colbert-report-videos/401673/november-07-2011/colbert-super-pac---issue-ads> the issue. He followed it up with a segment with <http://www.colbertnation.com/the-colbert-report-videos/401674/november-07-2011/colbert-super-pac---issue-ads---trevor-potter> Trevor Potter explaining that Colbert's Super PAC is submitting comments on the American Crossroads AO request, and an actual ad <http://www.colbertnation.com/the-colbert-report-videos/401632/november-07-2011/colbert-super-pac-ad---undaunted-non-coordination> coordinated with presidential candidate Buddy Roemer (who not coincidentally has made campaign finance reform his signature issue).
I criticized Colbert for playing with fire <http://marketplace.publicradio.org/display/web/2011/08/11/pm-first-moves-from-colbert-super-pac/> with the "Rick Parry" issue, and maybe this is playing with fire too. But he's done more to educate the general public about the troublesome nature of super PACs than anyone else in the media or academia.
Below the fold I've reprinted the Colbert comment on the American Crossroads AO.
Continue reading ? <http://electionlawblog.org/?p=25160#more-25160>
<mime-attachment.png> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D25160&title=Must-Watch%20Colbert%20Segments%20on%20Super%20PACs%20and%20Coordination%20with%20Candidates&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10> , election law "humor" <http://electionlawblog.org/?cat=52> | Comments Off
"Fairfax County braces for election confusion after voter database glitches" <http://electionlawblog.org/?p=25157>
Posted on November 8, 2011 8:53 am <http://electionlawblog.org/?p=25157> by Rick Hasen <http://electionlawblog.org/?author=3>
WaPo reports <http://www.washingtonpost.com/local/dc-politics/fairfax-county-braces-for-election-confusion-after-voter-database-glitches/2011/11/07/gIQAOCVlwM_story.html> .
<mime-attachment.png> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D25157&title=%E2%80%9CFairfax%20County%20braces%20for%20election%20confusion%20after%20voter%20database%20glitches%E2%80%9D&description=>
Posted in election administration <http://electionlawblog.org/?cat=18> | Comments Off
"Lawmakers Struggling Through Pennsylvania Redraw" <http://electionlawblog.org/?p=25154>
Posted on November 8, 2011 8:49 am <http://electionlawblog.org/?p=25154> by Rick Hasen <http://electionlawblog.org/?author=3>
Roll Call reports <http://roll.cl/uWHKin> .
<mime-attachment.png> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D25154&title=%E2%80%9CLawmakers%20Struggling%20Through%20Pennsylvania%20Redraw%E2%80%9D&description=>
Posted in redistricting <http://electionlawblog.org/?cat=6> | Comments Off
" Who can vote? Maine and Mississippi consider opposite directions" <http://electionlawblog.org/?p=25151>
Posted on November 8, 2011 8:46 am <http://electionlawblog.org/?p=25151> by Rick Hasen <http://electionlawblog.org/?author=3>
The Christian Science Monitor reports <http://www.csmonitor.com/USA/Elections/2011/1108/Who-can-vote-Maine-and-Mississippi-consider-opposite-directions> . TPM offers Maine GOP Ad: The Gays Are Trying To Impose Same Day Voter Registration <http://tpmmuckraker.talkingpointsmemo.com/2011/11/maine_gop_ad_the_gays_are_trying_to_impose_same_day_voter_registration.php> .
<mime-attachment.png> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D25151&title=%E2%80%9D%20Who%20can%20vote%3F%20Maine%20and%20Mississippi%20consider%20opposite%20directions%E2%80%9D&description=>
Posted in election administration <http://electionlawblog.org/?cat=18> , The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
Colbert on OWS <http://electionlawblog.org/?p=25148>
Posted on November 7, 2011 8:40 pm <http://electionlawblog.org/?p=25148> by Rick Hasen <http://electionlawblog.org/?author=3>
Don't miss Parts I <http://www.colbertnation.com/the-colbert-report-videos/401092/october-31-2011/colbert-super-pac---occupy-wall-street-co-optportunity---stephen-on-location> and II <http://www.colbertnation.com/the-colbert-report-videos/401261/november-01-2011/colbert-super-pac---stephen-colbert-occupies-occupy-wall-street-pt--2> (especially Part II discussing Citizens United and whether corporations are people). Hilarious!
<mime-attachment.png> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D25148&title=Colbert%20on%20OWS&description=>
Posted in election law "humor" <http://electionlawblog.org/?cat=52> | Comments Off
"Mitt Romney Winning Fundraising Contest For Bush, McCain Bundlers" <http://electionlawblog.org/?p=25145>
Posted on November 7, 2011 4:15 pm <http://electionlawblog.org/?p=25145> by Rick Hasen <http://electionlawblog.org/?author=3>
HuffPo reports <http://www.huffingtonpost.com/2011/11/07/mitt-romney-fundraising-bush-mccain-bundlers_n_1080245.html?ref=politics> .
<mime-attachment.png> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D25145&title=%E2%80%9CMitt%20Romney%20Winning%20Fundraising%20Contest%20For%20Bush%2C%20McCain%20Bundlers%E2%80%9D&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments Off
"iPad Voting Rolls Out For Some Oregonians" <http://electionlawblog.org/?p=25142>
Posted on November 7, 2011 4:09 pm <http://electionlawblog.org/?p=25142> by Rick Hasen <http://electionlawblog.org/?author=3>
Helping voters with disabilities <http://www.huffingtonpost.com/2011/11/07/ipad-voting-oregon_n_1080691.html?ref=technology> (not Internet voting).
<mime-attachment.png> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D25142&title=%E2%80%9CiPad%20Voting%20Rolls%20Out%20For%20Some%20Oregonians%E2%80%9D&description=>
Posted in election administration <http://electionlawblog.org/?cat=18> | Comments Off
"Voter Fraud: Does It Happen?" <http://electionlawblog.org/?p=25139>
Posted on November 7, 2011 3:42 pm <http://electionlawblog.org/?p=25139> by Rick Hasen <http://electionlawblog.org/?author=3>
Andrew Rosenthal blogs <http://loyalopposition.blogs.nytimes.com/2011/11/07/voter-fraud-does-it-happen/?src=tp> at the NYT oped page's "Loyal Opposition" blog.
<mime-attachment.png> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D25139&title=%E2%80%9CVoter%20Fraud%3A%20Does%20It%20Happen%3F%E2%80%9D&description=>
Posted in election administration <http://electionlawblog.org/?cat=18> , The Voting Wars <http://electionlawblog.org/?cat=60> , voter id <http://electionlawblog.org/?cat=9> | Comments Off
Raskin and Richie on Gerrymandering in Maryland and Beyond <http://electionlawblog.org/?p=25136>
Posted on November 7, 2011 2:55 pm <http://electionlawblog.org/?p=25136> by Rick Hasen <http://electionlawblog.org/?author=3>
Here <http://www.baltimoresun.com/news/opinion/oped/bs-ed-voting-districts-20111107,0,3418353.story> , in the Baltimore Sun.
<mime-attachment.png> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D25136&title=Raskin%20and%20Richie%20on%20Gerrymandering%20in%20Maryland%20and%20Beyond&description=>
Posted in redistricting <http://electionlawblog.org/?cat=6> | Comments Off
"As Political Groups Push Envelope, FEC Gridlock Gives 'De Facto Green Light'" <http://electionlawblog.org/?p=25134>
Posted on November 7, 2011 2:54 pm <http://electionlawblog.org/?p=25134> by Rick Hasen <http://electionlawblog.org/?author=3>
ProPublica reports <http://www.propublica.org/article/as-political-donors-push-envelope-fec-gridlock-gives-de-facto-green-light> . As I've written in @Slate, the FEC is as good as dead. <http://www.slate.com/articles/news_and_politics/jurisprudence/2011/01/the_fec_is_as_good_as_dead.html>
<mime-attachment.png> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D25134&title=%E2%80%9CAs%20Political%20Groups%20Push%20Envelope%2C%20FEC%20Gridlock%20Gives%20%E2%80%98De%20Facto%20Green%20Light%E2%80%99%E2%80%9D&description=>
Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
Watch the Jack Abramoff Interview on "60 Minutes" <http://electionlawblog.org/?p=25131>
Posted on November 7, 2011 12:40 pm <http://electionlawblog.org/?p=25131> by Rick Hasen <http://electionlawblog.org/?author=3>
Here <http://www.cbsnews.com/video/watch/?id=7387331n&tag=contentMain;cbsCarousel> .
<mime-attachment.png> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D25131&title=Watch%20the%20Jack%20Abramoff%20Interview%20on%20%E2%80%9C60%20Minutes%E2%80%9D&description=>
Posted in chicanery <http://electionlawblog.org/?cat=12> , legislation and legislatures <http://electionlawblog.org/?cat=27> , lobbying <http://electionlawblog.org/?cat=28> | Comments Off
26 Recalls on Ballot Tomorrow <http://electionlawblog.org/?p=25128>
Posted on November 7, 2011 10:25 am <http://electionlawblog.org/?p=25128> by Rick Hasen <http://electionlawblog.org/?author=3>
Wow <http://recallelections.blogspot.com/2011/11/26-recalls-on-tuesday-recall-elections.html> .
<mime-attachment.png> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D25128&title=26%20Recalls%20on%20Ballot%20Tomorrow&description=>
Posted in recall elections <http://electionlawblog.org/?cat=11> | 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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949.824.0495 - fax
rhasen at law.uci.edu
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http://electionlawblog.org
--
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
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org
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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 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org
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