[EL] ELB News and Commentary 7/24/12

Rick Hasen rhasen at law.uci.edu
Tue Jul 24 08:53:11 PDT 2012


    New Super PAC Tracking Tools from Sunlight
    <http://electionlawblog.org/?p=37388>

Posted on July 24, 2012 8:49 am <http://electionlawblog.org/?p=37388> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Announcement via email:

The Sunlight Foundation added new features to our Follow the Unlimited 
Money 
<http://organizing.sunlightfoundation.com/page/m/64f588eb/28885e2d/33be9ff8/6802fea3/2346709270/VEsH/> 
tracker to make it easier for you to compare spending by and donations 
to super PACs and other outside groups this election season. You can now 
sort our data to easily identify super PACs' spending and fundraising by 
political orientation, easily view charts that map spending trends and 
get instant tallies and downloadable data files of all of the above. You 
will also be able to embed these charts on your own site. (That feature 
should be live later today.)
*Contributions by Party:*
In our analysis 
<http://organizing.sunlightfoundation.com/page/m/64f588eb/28885e2d/33be9ff8/6802feac/2346709270/VEsE/> 
of filings from the start of 2011 through June 30 (released Friday), we 
found that right-leaning super PACs topped their Democratic rivals by a 
factor of nearly three-to-one. In the first eighteen months of the 
presidential election cycle, Republican-oriented Super PACs brought in 
about $230 million while Democratic-leaning super PACs raised less than 
$80 million. Democratic super PACs may have been greatly outspent so 
far, but their Republican-aligned rivals spent the largest share of 
their money attacking other GOP primary candidates. Through July 22, GOP 
Super PACs had spent almost $124 million--but about $60 million of that 
went to negative ads about other Republicans. In contrast, just $18.6 
million went to negative ads about Democrats ($45.5 million went to ads 
supporting Republicans).
Super PACs do not officially declare their allegiance to any political 
parties, so we did the research so you can easily identify these groups' 
political orientation when reporting on their spending or donors.

*Union vs. Business Contributions:*
In another analysis 
<http://organizing.sunlightfoundation.com/page/m/64f588eb/28885e2d/33be9ff8/6802fead/2346709270/VEsF/>, 
Sunlight's Jacob Fenton examined the $61.8 million in organizations' 
contributions to super PACs from the beginning of last year through the 
end of June, and found that businesses have given more than $33 million 
to super PACs since the beginning of this campaign cycle. Trade unions 
gave at least $15 million in the same time period. The $33 million that 
businesses contributed to super PACs likely represents a fraction of 
their efforts to influence the outcome of the November elections. That's 
because donations to super PACs are just one avenue for corporations and 
labor unions to give to groups trying to sway the results of this year's 
elections, and for many it is the least attractive option.

Republican-aligned super PACs received the lion's share of business 
contributions, taking in just under $30 million. That dwarfed the $3.8 
million that their Democratic-leaning counterparts received from 
business. Yet the gap may be narrowing ahead of the general election: 
Left-leaning super PACs raised almost $1.2 million from business in 
June, while super PACs siding with the GOP raised $4.5 million.

Notably, a number of well-known brands have given to GOP-allied super 
PACs, including:

  * Waffle House ($100,000 to American Crossroads)
  * 7-Eleven ($25,000 to Hoosiers for Jobs)
  * White Castle ($25,000 to the Congressional Leadership Fund)
  * Borden Dairy Company ($25,000 to Congressional Leadership Fund).

There's no comparable set of businesses donating to left-leaning super 
PACs, but Working Assets, a phone service affiliated with CREDO mobile 
that bills itself as donating to "progressive" causes, has given over 
$440,000 to Credo Super PAC.

The biggest union donors have given exclusively to left-leaning super PACs:

  * the National Education Association ($5.1 million)
  * the AFL-CIO ($2.2 million)
  * Communications Workers of America ($1.7 million)
  * the American Federation of State, County & Municipal Employees ($1.4
    million).

Be sure to read the complete analysis 
<http://organizing.sunlightfoundation.com/page/m/64f588eb/28885e2d/33be9ff8/6802fead/2346709270/VEsC/> 
for more details, links to charts and downloadable data files.
Our goal is to provide the best, most timely free data on election 
spending so you can spend your time tracking down sources and reporting. 
If there are additional features that would improve your ability to 
report, please let me know.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "Catholic Groups File Emergency Appeal to Speak Before Texas Runoff"
    <http://electionlawblog.org/?p=37386>

Posted on July 24, 2012 8:48 am <http://electionlawblog.org/?p=37386> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Right Solutions issuedthis press release 
<http://rightsolutions.org/2012/07/24/san-antonio-catholic-groups-file-emergency-appeal-to-speak-before-texas-runoff/>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "Activists Deliver 1.9 Million Calling for Constitutional Amendment
    to Protect Democracy" <http://electionlawblog.org/?p=37384>

Posted on July 24, 2012 8:47 am <http://electionlawblog.org/?p=37384> by 
Rick Hasen <http://electionlawblog.org/?author=3>

PFAW issuedthis press release. 
<http://www.pfaw.org/press-releases/2012/07/activists-deliver-19-million-calling-constitutional-amendment-protect-democra>

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "CREW Files FEC Complaint Against Crossroads GPS"
    <http://electionlawblog.org/?p=37382>

Posted on July 24, 2012 8:46 am <http://electionlawblog.org/?p=37382> by 
Rick Hasen <http://electionlawblog.org/?author=3>

See this press release. 
<http://www.citizensforethics.org/legal-filings/entry/crew-files-fec-complaint-against-crossroad-gps>

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    Lithwick and Vasvari on Bopp and McConnell
    <http://electionlawblog.org/?p=37380>

Posted on July 24, 2012 8:45 am <http://electionlawblog.org/?p=37380> by 
Rick Hasen <http://electionlawblog.org/?author=3>

New Slate column 
<http://www.slate.com/articles/news_and_politics/jurisprudence/2012/07/mitt_romney_and_the_republican_party_do_not_want_to_disclose_basic_truths_for_fear_that_someone_will_use_these_facts_against_them_some_day_.2.html>: 
"There is a shameful irony in Mitch McConnell and James Bopp attempting 
to shield the political contributions of the well-funded 
establishment---indeed, in the senator's case, the economic elite---from 
public gaze through a doctrine meant to protect the weak and 
disenfranchised; cynically invoking the legacy of the Edmund Pettus 
Bridge to let the Koch brothers write their massive checks in private. 
Overheated rhetoric about violent protest and "enemies lists" is 
supported by no factual showing. It's a fantasy used to obscure the 
truth about who is buying and selling our candidates and state referendums."

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "How super PACs are saving Mitt Romney"
    <http://electionlawblog.org/?p=37377>

Posted on July 24, 2012 8:39 am <http://electionlawblog.org/?p=37377> by 
Rick Hasen <http://electionlawblog.org/?author=3>

The Fix reports 
<http://www.washingtonpost.com/blogs/the-fix/post/how-super-pacs-are-saving-mitt-romney/2012/07/23/gJQA1zKX5W_blog.html>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "Ahead Of Voter ID Trial, Pennsylvania Admits There's No In-Person
    Voter Fraud" <http://electionlawblog.org/?p=37375>

Posted on July 24, 2012 8:38 am <http://electionlawblog.org/?p=37375> by 
Rick Hasen <http://electionlawblog.org/?author=3>

TPM 
<http://tpmmuckraker.talkingpointsmemo.com/2012/07/pennsylvania_voter_id_no_in_person_voter_fraud.php?ref=fpa>: 
"The state signed a stipulation agreement 
<http://www.aclupa.org/downloads/ApplewhiteStipulation.pdf> with lawyers 
for the plaintiffs which acknowledges there 'have been no investigations 
or prosecutions of in-person voter fraud in Pennsylvania; and the 
parties do not have direct personal knowledge of any such investigations 
or prosecutions in other states.' Additionally, the agreement states 
Pennsylvania 'will not offer any evidence in this action that in-person 
voter fraud has in fact occurred in Pennsylvania and elsewhere' or even 
argue 'that in person voter fraud is likely to occur in November 2012 in 
the absense of the Photo ID law.'"

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The Voting Wars <http://electionlawblog.org/?cat=60>, voter id 
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    "AFP's in a bind over Nevada rules on donor details"
    <http://electionlawblog.org/?p=37373>

Posted on July 23, 2012 10:18 pm <http://electionlawblog.org/?p=37373> 
by Rick Hasen <http://electionlawblog.org/?author=3>

This report <http://www.politico.com/news/stories/0712/78864.html>comes 
from Politico/Las Vegas Sun.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law 
and election law <http://electionlawblog.org/?cat=22> | Comments Off


    "Chicago Style: Romney is accusing Obama of practicing
    'Chicago-style politics.' Apparently, he has no idea what that
    means" <http://electionlawblog.org/?p=37369>

Posted on July 23, 2012 10:03 pm <http://electionlawblog.org/?p=37369> 
by Rick Hasen <http://electionlawblog.org/?author=3>

Jacob Weisberg's piece 
<http://www.slate.com/articles/news_and_politics/the_big_idea/2012/07/mitt_romney_s_campaign_is_attempting_to_link_barack_obama_to_the_corruption_of_chicago_style_politics_of_a_different_era_.html>for 
Slate on the death of patronage politics in Chicago is worth the read.

It recounts the following famous story:

    One of the most memorable phrases from that era comes from a story
    often told by former White House Counsel Abner J. Mikva
    <http://www.suntimes.com/news/steinberg/3387606-452/mikva-nobody-abner-chicago-politics.html>,
    who described attempting to volunteer on a local campaign in the
    late 1940s.

    "Who sent you?" asked the cigar-chomping 8^th Ward precinct captain.

    "Nobody sent me," replied Mikva.

    "We don't want nobody nobody sent."

This reminds me of another story, this one about the idiocy of law 
review editing.  Years ago I was working on an article about the Supreme 
Court and political patronage. I focused on Illinois, where much of the 
caselaw, obviously, stemmed from, and I came across the excellent work 
of Cynthia Grant Bowman 
<http://www.lawschool.cornell.edu/faculty/bio.cfm?id=158>.  And one of 
Bowman's best articles 
<http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CFIQFjAA&url=http%3A%2F%2Fscholarship.law.cornell.edu%2Fcgi%2Fviewcontent.cgi%3Farticle%3D1143%26context%3Dfacpub&ei=OSsOUM2gBqiziQKRvPjLCQ&usg=AFQjCNEbjBm2zRjm5ugLHjFP6yp6wCGORQ> 
on the topic is called: "We Don't Want Anybody Anybody Sent": The Death 
of Patronage Hiring in Chicago," 86 Nw. U.L. Rev. 57 (1991).

If I'm remembering the story correctly, an overzealous law review editor 
(without Bowman's permission) "corrected" Mikva's great quote into what 
the editor believed to be a grammatically correct form.  Not only did it 
mangle Mikva's quote; it made the title nonsensical.

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    "The voter ID mess subverts an American birthright"
    <http://electionlawblog.org/?p=37366>

Posted on July 23, 2012 9:45 pm <http://electionlawblog.org/?p=37366> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Charlie Crist has written this WaPo oped 
<http://www.washingtonpost.com/opinions/charlie-crist-the-voter-id-mess-subverts-an-american-birthright/2012/07/20/gJQAzOCsyW_story.html>.

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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


    "Obama campaign pushes back on 'burn rate' criticism"
    <http://electionlawblog.org/?p=37363>

Posted on July 23, 2012 9:38 pm <http://electionlawblog.org/?p=37363> by 
Rick Hasen <http://electionlawblog.org/?author=3>

The Fix reports 
<http://www.washingtonpost.com/blogs/the-fix/post/obama-campaign-pushes-back-on-burn-rate-criticism/2012/07/23/gJQAfrTm4W_blog.html>.

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    "IRS Offers First Sign That 501(c)(4) Political Activity Rules Could
    Be Updated" <http://electionlawblog.org/?p=37360>

Posted on July 23, 2012 9:34 pm <http://electionlawblog.org/?p=37360> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Bloomberg BNA reports 
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=27371333&vname=mpebulallissues&jd=a0d3r8a6d9&split=0>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law 
and election law <http://electionlawblog.org/?cat=22> | Comments Off


    "Lawyers Raking in Cash as Campaign Spending Hits Records"
    <http://electionlawblog.org/?p=37357>

Posted on July 23, 2012 9:30 pm <http://electionlawblog.org/?p=37357> by 
Rick Hasen <http://electionlawblog.org/?author=3>

The second article 
<http://www.bloomberg.com/news/2012-07-24/lawyers-raking-in-cash-as-campaign-spending-hits-records.html> 
in the Bloomberg series, on "Making Millionaires" in the 2012 election.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
election law biz <http://electionlawblog.org/?cat=51> | Comments Off


    "How a great-great-granny could settle the voter ID issue"
    <http://electionlawblog.org/?p=37355>

Posted on July 23, 2012 9:29 pm <http://electionlawblog.org/?p=37355> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Yahoo Newsreports. 
<http://news.yahoo.com/great-great-granny-could-settle-voter-id-issue-100208686.html>

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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


    "Prosser converts campaign account to legal defense fund"
    <http://electionlawblog.org/?p=37353>

Posted on July 23, 2012 9:27 pm <http://electionlawblog.org/?p=37353> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Milwaukee Journal-Sentine 
<http://www.jsonline.com/news/statepolitics/prosser-converts-campaign-account-to-legal-defense-fund-k467gf9-163484186.html>l: 
"State Supreme Court Justice David Prosser has re-christened his 
campaign finance account as a defense fund, which he said he is 
considering using to fight allegations that he violated judicial ethics 
rules by putting his hands on the neck of a fellow justice last year. 
The Government Accountability Board, which oversees the state's ethics 
and elections law, approved Prosser's plans earlier this year, the 
agency confirmed Monday. But others -- including the former top lawyer 
for the accountability board -- questioned its views on how the fund 
could be used."

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, ethics 
investigations <http://electionlawblog.org/?cat=42>, judicial elections 
<http://electionlawblog.org/?cat=19> | Comments Off


    "Everything You've Ever Wanted to Know About Voter ID Laws"
    <http://electionlawblog.org/?p=37350>

Posted on July 23, 2012 4:47 pm <http://electionlawblog.org/?p=37350> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Important ProPublica Q&A. 
<http://www.propublica.org/article/everything-youve-ever-wanted-to-know-about-voter-id-laws>

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Posted in Department of Justice <http://electionlawblog.org/?cat=26>, 
election administration <http://electionlawblog.org/?cat=18>, The Voting 
Wars <http://electionlawblog.org/?cat=60>, voter id 
<http://electionlawblog.org/?cat=9>, Voting Rights Act 
<http://electionlawblog.org/?cat=15> | Comments Off


    Torres-Spelliscy Statement for Senate Judiciary Subcommittee Hearing
    on CU <http://electionlawblog.org/?p=37347>

Posted on July 23, 2012 3:10 pm <http://electionlawblog.org/?p=37347> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Here 
<http://www.law.stetson.edu/faculty/torres-spelliscy-ciara/media/Statement%20by%20Prof.%20Torres-Spelliscy%20before%20the%20U.S.%20Senate%20Judiciary%20Committee%20on%20Watergate%20and%20Citizens%20United.pdf>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "California GOP to pursue a voter ID initiative"
    <http://electionlawblog.org/?p=37344>

Posted on July 23, 2012 3:03 pm <http://electionlawblog.org/?p=37344> by 
Rick Hasen <http://electionlawblog.org/?author=3>

The Fraudulent Fraud Squad 
<http://www.amazon.com/Fraudulent-Fraud-Squad-Understanding-ebook/dp/B00795X5XI/ref=zg_bs_157417011_9> 
comes to Burbank 
<http://www.ibabuzz.com/politics/2012/07/23/california-gop-to-pursue-a-voter-id-initiative/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+PoliticalBlotter+%28Political+Blotter%29>.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
fraudulent fraud squad <http://electionlawblog.org/?cat=8>, The Voting 
Wars <http://electionlawblog.org/?cat=60>, voter id 
<http://electionlawblog.org/?cat=9> | Comments Off


    "Justice Department Investigates Pennsylvania Voter ID Law"
    <http://electionlawblog.org/?p=37341>

Posted on July 23, 2012 2:45 pm <http://electionlawblog.org/?p=37341> by 
Rick Hasen <http://electionlawblog.org/?author=3>

TPM reports 
<http://tpmmuckraker.talkingpointsmemo.com/2012/07/doj_investigates_pennsylvania_voter_id_law.php>.

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Posted in Department of Justice <http://electionlawblog.org/?cat=26>, 
election administration <http://electionlawblog.org/?cat=18>, The Voting 
Wars <http://electionlawblog.org/?cat=60>, voter id 
<http://electionlawblog.org/?cat=9> | 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
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org
Pre-order The Voting Wars: http://amzn.to/y22ZTv
www.thevotingwars.com

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