[EL] ELB News and Commentary 12/7/12

Thu Dec 6 21:13:32 PST 2012

    Campaign Money Roundup <http://electionlawblog.org/?p=45187>

Posted on December 6, 2012 9:09 pm <http://electionlawblog.org/?p=45187> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Bloomberg 
<http://www.businessweek.com/news/2012-12-06/adelsons-fueled-pro-romney-late-spending-with-10-million>: 
"Republican presidential nominee Mitt Romney and an allied 
super-political action committee spent about $7 million a day during the 
final three weeks of his unsuccessful campaign to defeat President 
Barack Obama. Romney's campaign committee reported to the Federal 
Election Commission today that it spent $100 million between Oct. 18 and 
Nov. 6, and the pro-Romney super-PAC Restore Our Future spent $44 
million. That combined total of $144 million averaged $7.2 million on 
each of the 20 days from Oct. 18 to Nov. 6."

Politico 
<http://www.politico.com/story/2012/12/obama-outspent-romney-in-final-weeks-84734.html?hp=l3>: 
"As the presidential election reached its climax, Obama's campaign 
spending dwarfed that of Romney's campaign, outspending its Republican 
counterpart by more than $71 million between Oct. 18 and Election Day, 
according to documents filed Thursday night with the Federal Election 
Commission."

CNN 
<http://politicalticker.blogs.cnn.com/2012/12/06/adelsons-donate-33-million-to-gop-super-pacs-in-closing-days/>: 
" Nevada casino mogul Sheldon Adelson and his wife Miriam contributed 
$33 million to two major Republican super PACs in the closing weeks of 
the 2012 campaign, according to campaign finance disclosure reports 
filed Thursday with the Federal Election Commission."

WaPo 
<http://www.washingtonpost.com/politics/manic-spending-marked-end-of-2012-campaigns-fec-reports-show/2012/12/06/ecb4e7d6-3ff9-11e2-bca3-aadc9b7e29c5_story.html?wprss=rss_politics>: 
Manic Spending Marked End of 2012 Campaigns, FEC Records Show.

Reuters 
<http://www.reuters.com/article/2012/12/07/us-usa-campaign-money-idUSBRE8B605420121207>: 
"Mitt Romney's presidential campaign had $25.7 million left in the bank 
days after the November 6 election that ended months of relentless 
fundraising in the most expensive race in U.S. history, new campaign 
finance <http://www.reuters.com/finance> disclosures showed on Thursday."

LA Times 
<http://www.latimes.com/news/politics/la-pn-mitt-romney-fundraising-20121206,0,899270.story?track=rss>: 
" Mitt Romney 
<http://www.latimes.com/topic/politics/government/mitt-romney-PEPLT007376.topic> 
raised more than $85.9 million in the last two weeks of the presidential 
race, his campaign announced Thursday, detailing the GOP 
<http://www.latimes.com/topic/politics/parties-movements/republican-party-ORGOV0000004.topic> 
hopeful's final money push in his ultimately unsuccessful bid against 
President Obama 
<http://www.latimes.com/topic/politics/government/barack-obama-PEPLT007408.topic>."

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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off

    "In Latest Campaign Finance Challenge, Watchdogs File in Defense of
    Vermont's Disclosure Laws in 2nd Circuit"
    <http://electionlawblog.org/?p=45183>

Posted on December 6, 2012 4:11 pm <http://electionlawblog.org/?p=45183> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Release 
<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=1976:december-6-2012-in-latest-campaign-finance-challenge-watchdogs-filein-defense-of-vermonts-disclosure-laws-in-2nd-circuit-&catid=63:legal-center-press-releases&Itemid=61>: 
"Today, the Campaign Legal Center, joined by Democracy 21, filed an 
/amici curiae/ brief 
<http://www.campaignlegalcenter.org/images/CLC_D21_VRLC_v__Sorrell_amici_br_FINAL_12-6-12.pdf> 
in the U.S. Court of Appeals for the Second Circuit, defending the 
disclosure provisions and contribution limits of the State of Vermont's 
campaign finance law in /Vermont Right to Life Committee (VRLC) v. 
Sorrell/. The suit is part of a long string of challenges to state 
disclosure laws."

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "Why a Democratic Tea Party Is the Best Hope for Fixing Corrupt
    Government" <http://electionlawblog.org/?p=45180>

Posted on December 6, 2012 4:04 pm <http://electionlawblog.org/?p=45180> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Larry Lessig has written this post 
<http://www.theatlantic.com/politics/archive/2012/12/why-a-democratic-tea-party-is-the-best-hope-for-fixing-corrupt-government/265992/>for 
The Atlantic, with the subhead: "The solution must come from the 
grassroots --- it can't be imposed from above by reform-minded members 
of Congress."

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "Scott Walker On Eliminating Same-Day Voter Registration: 'This Is A
    Ridiculous Issue'" <http://electionlawblog.org/?p=45178>

Posted on December 6, 2012 4:03 pm <http://electionlawblog.org/?p=45178> 
by Rick Hasen <http://electionlawblog.org/?author=3>

HuffPo reports. 
<http://www.huffingtonpost.com/2012/12/06/scott-walker-same-day-voter-registration_n_2250447.html?ref=topbar>

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off

    Cert Petition, Opposition Filed in RNC v. DNC Case
    <http://electionlawblog.org/?p=45173>

Posted on December 6, 2012 1:14 pm <http://electionlawblog.org/?p=45173> 
by Rick Hasen <http://electionlawblog.org/?author=3>

You can read the cert. petition and appendix 
<http://electionlawblog.org/wp-content/uploads/RNC-Petition-for-Cert-and-Appendix.pdf> 
filed by the RNC and the opposition filed 
<http://electionlawblog.org/wp-content/uploads/12-373_Brief-in-Opposition.pdf> 
by the DNC.  Here is the Supreme Court docket 
<http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-373.htm>.  
Even putting aside the political nature of the case which will get it 
some attention at the Court, I rate this as having a pretty good chance 
of being taken up by the Court, given the interesting Remedies issues 
involved. Here are the questions presented:

QUESTIONS PRESENTED
1. Did the United States Court of Appeals for the Third Circuit 
misinterpret United States v. Munsingwear, Inc., 340 U.S. 36 (1950), and 
thus improperly rely on the district court's factual findings and legal 
rulings in an earlier case that was vacated as moot while on appeal, 
even though other courts of appeals have interpreted Munsingwear as 
rendering a vacated decision a nullity, as if it the case had never been 
filed, and draining its factual findings of all vitality?
2. Did the United States Court of Appeals for the Third Circuit 
misconstrue Rule 60(b)(5), Fed. R. Civ. P., as this Court has 
interpreted that rule in Board of Education of Oklahoma City Public 
Schools v. Dowell, 498 U.S. 237 (1991), and Rufo v. Inmates of Suffolk 
County Jail, 502 U.S. 367 (1992), by deeming substantial compliance with 
a consent decree over more than two decades insufficient to justify 
termination, even though other courts of appeals have held that the 
defendant's good faith and substantial compliance with a decree over a 
long period of time is a ground, standing alone, for terminating the decree?
3. Did the United States Court of Appeals for the Third Circuit 
misconstrue Rule 60(b)(5), Fed. R. Civ. P., by affirming the district 
court's unilateral expansion of the decree, even though other courts of 
appeals have held that the rule does not authorize a court to increase 
the obligations imposed by a decree?

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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off

    "Casino mogul gave $1M in late effort to unseat Stabenow"
    <http://electionlawblog.org/?p=45170>

Posted on December 6, 2012 12:16 pm 
<http://electionlawblog.org/?p=45170> by Rick Hasen 
<http://electionlawblog.org/?author=3>

USA Today reports 
<http://www.usatoday.com/story/news/politics/2012/12/06/sheldon-adelson-super-pac-casino/1751305/>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "Voter ID: Five Considerations" <http://electionlawblog.org/?p=45167>

Posted on December 6, 2012 11:35 am 
<http://electionlawblog.org/?p=45167> by Rick Hasen 
<http://electionlawblog.org/?author=3>

That's the lead story in thelatest issue 
<http://www.ncsl.org/legislatures-elections/elections/the-canvass-november-and-december-2012.aspx>of 
NSCL's "The Canvass."

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
voter id <http://electionlawblog.org/?cat=9> | Comments Off

    Great Lineup for the Overseas Vote Foundation/US Vote Foundation
    Annual Summit <http://electionlawblog.org/?p=45164>

Posted on December 6, 2012 11:34 am 
<http://electionlawblog.org/?p=45164> by Rick Hasen 
<http://electionlawblog.org/?author=3>

Check it out. 
<https://www.overseasvotefoundation.org/initiatives-UOCAVAsummit-summit2013-agenda>  
I was hoping to speak there but have a scheduling conflict.

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Posted in absentee ballots <http://electionlawblog.org/?cat=53>, voting 
<http://electionlawblog.org/?cat=31> | Comments Off

    "'By the way, we have to do something about that' Part II"
    <http://electionlawblog.org/?p=45161>

Posted on December 6, 2012 10:09 am 
<http://electionlawblog.org/?p=45161> by Rick Hasen 
<http://electionlawblog.org/?author=3>

That's the lead story in this week's Electionline Weekly 
<http://www.electionline.org/index.php/electionline-weekly?showall=&limitstart=>.

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Posted in election administration <http://electionlawblog.org/?cat=18> | 
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-- 
Rick Hasen
Chancellor's 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
Now available: The Voting Wars: http://amzn.to/y22ZTv

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