[EL] Xenophobia in campaign finance

Fri Feb 10 09:40:43 PST 2012

a)      Not true assuming people are dumb and reporters don't do their jobs, and voters will wonder about undisclosed info;

b)      Wrong, assuming voters are reasonably smart - that is to say, smart enough to operate and preserve a democratic republic.

The lack of confidence placed in the electorate advocates of speech regulation sometimes astounds me.

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

From: Rick Hasen [mailto:rhasen at law.uci.edu]
Sent: Friday, February 10, 2012 12:35 PM
To: Smith, Brad
Cc: law-election at UCI.edu
Subject: Re: Xenophobia in campaign finance

1)  Not true  http://www.washingtonpost.com/politics/secret-money-is-funding-more-election-ads/2012/02/03/gIQAfTxEuQ_story.html
2) A savvy foreign enemy that wants to push the election of a particular candidate (or try to swing control of the House or Senate toward one party or another) would not be dumb enough to run ads in line with the enemy's actual ideology.  Instead, it would wrap itself in Americans for American Values and run ads likely to sway the electorate.

On 2/10/2012 9:30 AM, Smith, Brad wrote:
1)            There is adequate disclosure.
2)            The messages would not be terribly appealing.

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

From: Rick Hasen [mailto:rhasen at law.uci.edu]
Sent: Friday, February 10, 2012 12:18 PM
To: Smith, Brad
Cc: law-election at UCI.edu<mailto:law-election at UCI.edu>
Subject: Re: Xenophobia in campaign finance

How would voters see right through "messages by America's enemies" if the messages are funded through methods (such as 501c4 organizations) which obscure the identity of the messenger?  Doesn't this presuppose there is adequate disclosure in the campaign finance regime?

On 2/10/2012 8:58 AM, Smith, Brad wrote:
>From Rick's morning report:

"Important AP report: "Money pouring into the U.S. presidential election from new super political action committees and nonprofit campaign groups appears so far to be strictly American in origin, donated by U.S. companies, unions and millionaires. But it's easier than ever to conceal the source of money and the identities of contributors, making conditions ripe for illegal donations from foreigners, overseas companies or governments attempting to help a favored candidate for the White House."

This report makes me want to know more about the context of this Brad Smith quote. https://twitter.com/#%21/mjbeckel/status/167750200146923521"

The context was I mentioned that I wasn't overly concerned if the (I believe these are the examples I used) the Colombian-American Chamber of Commerce wanted to run ads supporting candidates who backed the Colombian free trade pact, or British Citizens wanted to run ads; and that I wasn't terribly concerned that messages by America's enemies would have much impact in an election, trusting voters to see through that.

I then when on to say that I thought that Blumen was properly decided.

That's the context.

I like the fact that the AP thinks that idle speculation is newsworthy. I also would hope some reformers are more than a little embarrassed by this whole xenophobic line of attack of political speech.

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

From: law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu> [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
Sent: Friday, February 10, 2012 11:12 AM
To: law-election at UCI.edu<mailto:law-election at UCI.edu>
Subject: [EL] ELB News and Commentary 2/10/12

Adelson Turning Off Spigot to Newt<http://electionlawblog.org/?p=29662>
Posted on February 10, 2012 7:58 am<http://electionlawblog.org/?p=29662> by Rick Hasen<http://electionlawblog.org/?author=3>

Bloomberg reports<http://www.bloomberg.com/news/2012-02-10/gingrich-seeks-to-ease-fundraising-woes-as-big-donations-slow.html>. Guess he's not this year's Stewart Mott<http://www.washingtonpost.com/opinions/how-political-donations-changed-history/2012/01/16/gIQA6oH63P_story.html>.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D29662&title=Adelson%20Turning%20Off%20Spigot%20to%20Newt&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"Judge refuses to halt new voter ID law, but trial date to Be Set"<http://electionlawblog.org/?p=29660>
Posted on February 10, 2012 7:56 am<http://electionlawblog.org/?p=29660> by Rick Hasen<http://electionlawblog.org/?author=3>

Wisconsin State Journal:<http://host.madison.com/wsj/news/local/crime_and_courts/judge-refuses-to-halt-new-voter-id-law-but-trial/article_43daba1c-536b-11e1-a55f-0019bb2963f4.html>"A Dane County judge on Wednesday refused to immediately halt Wisconsin's new voter ID law, but left the door open for two Milwaukee groups to prove their case at a trial before him....'The fact that this burden will be imposed appears not to be in dispute, but the impact of that burden certainly is disputed,' Flanagan wrote. 'Indeed whether or not that burden is of impermissible constitutional scope is likely the determinative issue in this litigation.'"
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D29660&title=%E2%80%9CJudge%20refuses%20to%20halt%20new%20voter%20ID%20law%2C%20but%20trial%20date%20to%20Be%20Set%E2%80%9D&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, voter id<http://electionlawblog.org/?cat=9> | Comments Off
"Vos says redistricting talking points were prepared for him"<http://electionlawblog.org/?p=29657>
Posted on February 10, 2012 7:52 am<http://electionlawblog.org/?p=29657> by Rick Hasen<http://electionlawblog.org/?author=3>

Milwaukee Journal-Sentinel: <http://www.jsonline.com/news/statepolitics/vos-says-redistricting-talking-points-were-prepared-for-him-bv44dk2-138968074.html> "Rep. Robin Vos acknowledged Wednesday that talking points were created for him last year that told Republicans to ignore public comments on new election maps."
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D29657&title=%E2%80%9CVos%20says%20redistricting%20talking%20points%20were%20prepared%20for%20him%E2%80%9D&description=>
Posted in redistricting<http://electionlawblog.org/?cat=6> | Comments Off
"Super PACs v. Social Media"<http://electionlawblog.org/?p=29654>
Posted on February 10, 2012 7:49 am<http://electionlawblog.org/?p=29654> by Rick Hasen<http://electionlawblog.org/?author=3>

Maria Teresa Kumar has written this Politico oped.<http://www.politico.com/news/stories/0212/72690.html>"Come November, we may see a new kind of generational divide emerge in the electorate. Massive media campaigns driven by hundreds of millions of super PAC dollars may indeed overwhelm older 'offline' voters - who still get their news from television and newspapers. But even the most heavily funded "old school" communications strategies won't pass muster with younger, ambidextrous news consumers. These new online voters can watch, digest, fact-check and continue the conversation about what they hear and what they believe with trusted sources and friends across their social networks."
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D29654&title=%E2%80%9CSuper%20PACs%20v.%20Social%20Media%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, social media and social protests<http://electionlawblog.org/?cat=58> | Comments Off
"Foreign donations a risk in US presidential race"<http://electionlawblog.org/?p=29651>
Posted on February 10, 2012 7:45 am<http://electionlawblog.org/?p=29651> by Rick Hasen<http://electionlawblog.org/?author=3>

Important AP report<http://www.msnbc.msn.com/id/46337587#.TzU7Q8hfTF8>: "Money pouring into the U.S. presidential election from new super political action committees and nonprofit campaign groups appears so far to be strictly American in origin, donated by U.S. companies, unions and millionaires. But it's easier than ever to conceal the source of money and the identities of contributors, making conditions ripe for illegal donations from foreigners, overseas companies or governments attempting to help a favored candidate for the White House."

This report makes me want to know more about the context of this Brad Smith quote<https://twitter.com/#%21/mjbeckel/status/167750200146923521>.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D29651&title=%E2%80%9CForeign%20donations%20a%20risk%20in%20US%20presidential%20race%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"House Democrats Return to Campaign Finance Tack"<http://electionlawblog.org/?p=29648>
Posted on February 10, 2012 7:41 am<http://electionlawblog.org/?p=29648> by Rick Hasen<http://electionlawblog.org/?author=3>

Roll Call reports<http://www.rollcall.com/news/house_democrats_return_to_campaign_finance_tack-212286-1.html?pos=hbtxt>.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D29648&title=%E2%80%9CHouse%20Democrats%20Return%20to%20Campaign%20Finance%20Tack%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"U.S. Chamber of Commerce begins multi-million dollar ad campaign in congressional races"<http://electionlawblog.org/?p=29645>
Posted on February 9, 2012 8:15 pm<http://electionlawblog.org/?p=29645> by Rick Hasen<http://electionlawblog.org/?author=3>

WaPo reports<http://www.washingtonpost.com/blogs/election-2012/post/us-chamber-of-commerce-begins-multi-million-dollar-ad-campaign-in-congressional-races/2012/02/09/gIQA1Rr51Q_blog.html>.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D29645&title=%E2%80%9CU.S.%20Chamber%20of%20Commerce%20begins%20multi-million%20dollar%20ad%20campaign%20in%20congressional%20races%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"van Hollen Introduces New DISCLOSE Act Focused on Donor Transparency, Super PACs"<http://electionlawblog.org/?p=29642>
Posted on February 9, 2012 8:13 pm<http://electionlawblog.org/?p=29642> by Rick Hasen<http://electionlawblog.org/?author=3>

Bloomberg BNA<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=24623888&vname=mpebulallissues&fn=24623888&jd=a0d0r1g2y0&split=0>: "[Fred Wertheimer] told Bloomberg BNA in a telephone interview that the new version of the bill has been stripped of controversial provisions that impeded progress of the previous DISCLOSE Act, such as a special exemption from disclosure for large membership groups, like the National Rifle Association, and special provisions for unions. Wertheimer said reformers are looking forward to debate over a stripped-down measure that focuses solely on disclosure and treats all organizations across the political spectrum equally. 'It comes down to a public fight over disclosure versus secrecy,'he said, adding that lawmakers would be hard pressed to defend a stance allowing secret donations to any political groups."
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D29642&title=%E2%80%9Cvan%20Hollen%20Introduces%20New%20DISCLOSE%20Act%20Focused%20on%20Donor%20Transparency%2C%20Super%20PACs%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"Some Saner Voices on 'Super PACs'"<http://electionlawblog.org/?p=29639>
Posted on February 9, 2012 8:10 pm<http://electionlawblog.org/?p=29639> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT editorializes<http://www.nytimes.com/2012/02/10/opinion/some-saner-voices-on-super-pacs.html?_r=1&src=tp>.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D29639&title=%E2%80%9CSome%20Saner%20Voices%20on%20%E2%80%98Super%20PACs%E2%80%99%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
New CRS Report<http://electionlawblog.org/?p=29636>
Posted on February 9, 2012 8:02 pm<http://electionlawblog.org/?p=29636> by Rick Hasen<http://electionlawblog.org/?author=3>

Presidential nominating process: Current issues (Jan. 27)<http://www.fas.org/sgp/crs/misc/RL34222.pdf>
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D29636&title=New%20CRS%20Report&description=>
Posted in political parties<http://electionlawblog.org/?cat=25>, primaries<http://electionlawblog.org/?cat=32> | Comments Off
"Rep. Bachus faces insider-trading investigation"<http://electionlawblog.org/?p=29633>
Posted on February 9, 2012 7:59 pm<http://electionlawblog.org/?p=29633> by Rick Hasen<http://electionlawblog.org/?author=3>

AP<http://www.washingtonpost.com/politics/rep-bachus-faces-insider-trading-investigation/2012/02/09/gIQA21Ui2Q_story.html>: "The Office of Congressional Ethics is investigating the chairman of the House Financial Services Committee over possible violations of insider-trading laws, according to individuals familiar with the case. Rep. Spencer Bachus (R-Ala.), who holds one of the most influential positions in the House, has been a frequent trader on Capitol Hill, buying stock options while overseeing the nation's banking and financial services industries."
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D29633&title=%E2%80%9CRep.%20Bachus%20faces%20insider-trading%20investigation%E2%80%9D&description=>
Posted in conflict of interest laws<http://electionlawblog.org/?cat=20>, ethics investigations<http://electionlawblog.org/?cat=42>, legislation and legislatures<http://electionlawblog.org/?cat=27> | Comments Off
"Florida: Congressional Redistricting Map Moves Toward Court"<http://electionlawblog.org/?p=29630>
Posted on February 9, 2012 7:35 pm<http://electionlawblog.org/?p=29630> by Rick Hasen<http://electionlawblog.org/?author=3>

Roll Call reports<http://atr.rollcall.com/florida-congressional-redistricting-map-moves-toward-court/>.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D29630&title=%E2%80%9CFlorida%3A%20Congressional%20Redistricting%20Map%20Moves%20Toward%20Court%E2%80%9D&description=>
Posted in redistricting<http://electionlawblog.org/?cat=6> | Comments Off
"Americans for Prosperity, a Nonprofit, Campaigning for Walker?"<http://electionlawblog.org/?p=29627>
Posted on February 9, 2012 7:30 pm<http://electionlawblog.org/?p=29627> by Rick Hasen<http://electionlawblog.org/?author=3>

PR Watch has this post.<http://www.prwatch.org/news/2012/02/11289/americans-prosperity-nonprofit-spreading-pro-walker-message>
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D29627&title=%E2%80%9CAmericans%20for%20Prosperity%2C%20a%20Nonprofit%2C%20Campaigning%20for%20Walker%3F%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, tax law and election law<http://electionlawblog.org/?cat=22> | Comments Off
"Ohio Senate Republicans plan to repeal controversial elections law"<http://electionlawblog.org/?p=29623>
Posted on February 9, 2012 5:24 pm<http://electionlawblog.org/?p=29623> by Rick Hasen<http://electionlawblog.org/?author=3>

Plain Dealer<http://www.cleveland.com/open/index.ssf/2012/02/ohio_senate_republicans_plan_t.html>: "Ohio Senate Republicans on Thursday set into motion a plan to repeal a controversial election law and replace it with new changes that would take effect before the November election. But the House Speaker isn't yet on board with the plan, and a group of voting rights advocates have vowed to seek a referendum - with the backing of President Barack Obama's campaign - if Ohio lawmakers pass a new elections law."
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D29623&title=%E2%80%9COhio%20Senate%20Republicans%20plan%20to%20repeal%20controversial%20elections%20law%E2%80%9D&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60> | Comments Off
With Friends Like These Dept.<http://electionlawblog.org/?p=29621>
Posted on February 9, 2012 5:23 pm<http://electionlawblog.org/?p=29621> by Rick Hasen<http://electionlawblog.org/?author=3>

Ron Paul super PAC run by 9/11 truther<http://openchannel.msnbc.msn.com/_news/2012/02/09/10358155-super-pac-supporting-ron-paul-is-operated-by-a-911-truther> who now has voter fraud theories to pursue.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D29621&title=With%20Friends%20Like%20These%20Dept.&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"Troy ballot fraud witness says he was offered job by Democratic Party operative"<http://electionlawblog.org/?p=29618>
Posted on February 9, 2012 5:18 pm<http://electionlawblog.org/?p=29618> by Rick Hasen<http://electionlawblog.org/?author=3>

WNYT:<http://wnyt.com/article/stories/S2490281.shtml?cat=300> "More dramatic testimony occurred in the Troy ballot fraud trial.  A major witness for the prosecution says he was approached by a Democratic Party operative just before he testified before the grand jury and offered a job in Vermont and the services of a defense attorney."

And yes, this one too involves absentee ballot fraud-nothing a voter i.d. law would prevent: "Anthony Difiglio admitted that he and other Democrats stole absentee ballots from low-income residents of public housing because they were less likely to report the crime."

[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D29618&title=%E2%80%9CTroy%20ballot%20fraud%20witness%20says%20he%20was%20offered%20job%20by%20Democratic%20Party%20operative%E2%80%9D&description=>
Posted in chicanery<http://electionlawblog.org/?cat=12>, voting<http://electionlawblog.org/?cat=31> | Comments Off
"Did Pelosi run afoul of fundraising rules in news conference on fundraising?"<http://electionlawblog.org/?p=29614>
Posted on February 9, 2012 5:14 pm<http://electionlawblog.org/?p=29614> by Rick Hasen<http://electionlawblog.org/?author=3>

WaPo reports<http://www.washingtonpost.com/politics/did-pelosi-run-afoul-of-fundraising-rules-in-news-conference-on-fundraising/2012/02/09/gIQABkjO2Q_story.html>.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D29614&title=%E2%80%9CDid%20Pelosi%20run%20afoul%20of%20fundraising%20rules%20in%20news%20conference%20on%20fundraising%3F%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, ethics investigations<http://electionlawblog.org/?cat=42> | Comments Off
--
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<mailto:rhasen at law.uci.edu>
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org

--
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<mailto:rhasen at law.uci.edu>
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org

--
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<mailto:rhasen at law.uci.edu>
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org
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