[EL] ELB News and Commentary 7/27/12
JBoppjr at aol.com
JBoppjr at aol.com
Sun Jul 29 07:46:26 PDT 2012
Rick comments in article below:
Nonprofits could always gamble that the slow-moving IRS and gridlocked FEC
won’t target them even if they flout the law. And if they’re caught, the
blowback would be relatively minimal when compared with the potential for
political gain, says Rick Hasen,
It is apparent by this statement that Rick has no real contact with people
who run nonprofits. My experience with nonprofits is that the people who
run them bend over backwards to make sure they comply with the law. And
when the line is vague -- which the IRS insists on and the reformers try to
create in campaign finance -- nonprofits stay even further from the line.
This includes both conservative nonprofits that I represent and liberal ones
that I have observed. There are many good reasons for this, if anyone
doubts it.
In cases like this, when someone is so willing to ascribe evil motives to
people that don't even know and have no real familiarity with, I wonder if
the observer (Rick) is just engaging in projection,
_Click here: Psychological projection - Wikipedia, the free encyclopedia_
(http://en.wikipedia.org/wiki/Psychological_projection) , which actually
reveals much more about the observer that the observed. Jim Bopp
In a message dated 7/27/2012 12:26:36 P.M. Eastern Daylight Time,
rhasen at law.uci.edu writes:
_“Karl Rove’s Catch-22″_ (http://electionlawblog.org/?p=37629)
Posted on _July 27, 2012 9:24 am_ (http://electionlawblog.org/?p=37629)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
_Must-read_
(http://www.motherjones.com/politics/2012/07/karl-rove-crossroads-gps-dark-money-disclosure) Andy Kroll on the effects of the _Van
Hollen_ (http://www.fec.gov/press/press2012/20120727_VanHollen_v_FEC.shtml)
ruling:
Crossroads GPS spokesman Jonathan Collegio declined to say if and how his
group’s strategy would change. “Crossroads is aware of the key dates, and
closely follows all law and regulations that govern the process,” he said in
an email.
An official at Americans for Prosperity, the conservative nonprofit
_founded_ (http://www.newyorker.com/reporting/2010/08/30/100830fa_fact_mayer) by
David Koch, says AFP brass have met multiple times to discuss how to tweak
the group’s ad strategy. One option that’s been discussed is ramping up
the group’s online advertising, which isn’t affected by the beefed-up
disclosure rule. The staffer stressed that any option forcing AFP to name its
donors is off the table. The staffer added, however, that AFP would not go
dark on the airwaves in the run-up to the November elections: “We’re going to
continue to be on the air and continue to follow the law, and we’re gonna
protect the identity of our donors.”
Nonprofits could always gamble that the slow-moving IRS and gridlocked FEC
won’t target them even if they flout the law. And if they’re caught, the
blowback would be relatively minimal when compared with the potential for
political gain, says Rick Hasen, an election law expert at the University of
California, Irvine. It’s unlikely that the IRS or FEC would crack down on
lawbreakers before Election Day. And if a group got slapped with a six- or
seven-figure fine after the election, or had to shut down, that’s hardly the
end of the world, Hasen says. “If a nonprofit has to sacrifice its name
and pay a fee,” he says, “and it helps keep the House, win back the Senate,
and take back the White House, that’s a small price to pay.”
For more background, see my Slate piece from May, _Is Campaign Disclosure
Heading Back to the Supreme Court? Don’t expect to see Karl Rove’s Rolodex
just yet._
(http://www.slate.com/articles/news_and_politics/jurisprudence/2012/05/don_t_get_too_excited_about_promises_of_imminent_campaign_finance_disc
losure__1.html)
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=37629&title=“Karl%20Rove’s%20Catch-22″&description=)
Posted in _campaign finance_ (http://electionlawblog.org/?cat=10) , _tax
law and election law_ (http://electionlawblog.org/?cat=22) | Comments Off
_“Election official could be pivotal in battleground Colorado”_
(http://electionlawblog.org/?p=37626)
Posted on _July 27, 2012 9:18 am_ (http://electionlawblog.org/?p=37626)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
_Must-read_
(http://nbcpolitics.msnbc.msn.com/_news/2012/07/27/12991424-election-official-could-be-pivotal-in-battleground-colorado#.UBK3Tifzldo.twitter
) Tom Curry story for NBC News: “Scott Gessler isn’t a household name in
national politics, but could become famous in a hurry, just as Florida
Secretary of State Katherine Harris did during the 2000 presidential recount.”
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=37626&title=“
Election%20official%20could%20be%20pivotal%20in%20battleground%20Colorado”&description=)
Posted in _conflict of interest laws_ (http://electionlawblog.org/?cat=20)
, _election administration_ (http://electionlawblog.org/?cat=18) , _The
Voting Wars_ (http://electionlawblog.org/?cat=60) | Comments Off
_“Thanks, Citizens United, for This Campaign Finance Mess We’re In”_
(http://electionlawblog.org/?p=37621)
Posted on _July 27, 2012 9:14 am_ (http://electionlawblog.org/?p=37621)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
Adam Skaggs _writes_
(http://www.theatlantic.com/politics/archive/2012/07/thanks-citizens-united-for-this-campaign-finance-mess-were-in/260389/) for
The Atlantic.
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=37621&title=“
Thanks,%20Citizens%20United,%20for%20This%20Campaign%20Finance%20Mess%20We’re%20In”&description=)
Posted in _campaign finance_ (http://electionlawblog.org/?cat=10) |
Comments Off
_“FEC Statement on Van Hollen v. FEC”_
(http://electionlawblog.org/?p=37618)
Posted on _July 27, 2012 9:11 am_ (http://electionlawblog.org/?p=37618)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
_FEC Press Release_
(http://www.fec.gov/press/press2012/20120727_VanHollen_v_FEC.shtml)
On March 30, 2012, the United States District Court for the District of
Columbia, in Van Hollen v. FEC, Civ. No. 11-0766 (D.D.C. Mar. 30, 2012),
found that the Commission regulation at 11 CFR 104.20(c)(9) is invalid. That
regulation, which was adopted in 2007 and governed electioneering
communications by corporations and labor organizations, required that their donors be
disclosed only if their donations were “made for the purpose of furthering
electioneering communications.” The district court found that this
limitation on disclosure contravened Congress’s intent and noted that the
Commission’s pre-2007 regulation “did not add an intent requirement.” Van
Hollen, No. 11-0766, slip. op. at 25 n.8 (D.D.C. Mar. 30, 2012). On April 27,
2012, the district court vacated the regulation at 11 CFR 104.20(c)(9) and
reinstated the Commission’s prior regulation at 104.20(c), which was
promulgated on December 17, 2002 and was in effect until December 25, 2007. Van
Hollen, Civ. No. 11-0766 (D.D.C. Apr. 27, 2012).
Both the district court, in its April 27 ruling, and the United States
Court of Appeals for the District of Columbia Circuit, Van Hollen, No. 12-5117
(D.C. Cir. May 14, 2012), denied motions by defendant-intervenors Center
for Individual Freedom and Hispanic Leadership Fund to stay the district
court’s order pending appeal.
(http://www.fec.gov/press/press2012/20120727_VanHollen_v_FEC.shtml#_ftn1) 1
The Commission is providing this public statement outlining how it will
comply with the district court’s opinion and order pending the appeal of the
case:…
:
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=37618&title=“FEC%20Statement%20on%20Van%20Hollen%20v.%20FEC”&description=)
Posted in _campaign finance_ (http://electionlawblog.org/?cat=10) , _tax
law and election law_ (http://electionlawblog.org/?cat=22) | Comments Off
_“Texas Senate race attracts $13 million in super PAC spending”_
(http://electionlawblog.org/?p=37616)
Posted on _July 27, 2012 9:09 am_ (http://electionlawblog.org/?p=37616)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
_iWatch_
(http://www.iwatchnews.org/2012/07/27/10321/texas-senate-race-attracts-13-million-super-pac-spending) : “Tuesday’s Republican runoff for
U.S. Senate in Texas is the most expensive congressional race this election,
thanks largely to super PACs supporting the underdog tea party candidate
over the far-better funded favorite.”
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=37616&title=“Texas%20Senate%20race%20attracts%20$13%20million%20in%20super%20P
AC%20spending”&description=)
Posted in _campaign finance_ (http://electionlawblog.org/?cat=10) |
Comments Off
_“Obama raises millions for 2012 campaign within spitting distance of
White House”_ (http://electionlawblog.org/?p=37614)
Posted on _July 27, 2012 9:08 am_ (http://electionlawblog.org/?p=37614)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
WaPo _reports_
(http://www.washingtonpost.com/obama-raises-millions-for-2012-campaign-within-spitting-distance-of-white-house/2012/07/26/gJQAbkdeBX_stor
y.html) .
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=37614&title=“
Obama%20raises%20millions%20for%202012%20campaign%20within%20spitting%20distance%20of%20White%20House”&description=)
Posted in _campaign finance_ (http://electionlawblog.org/?cat=10) |
Comments Off
_“Kris Kobach Credits ACORN Hysteria With GOP-Led Voter ID Renaissance
(VIDEO)”_ (http://electionlawblog.org/?p=37609)
Posted on _July 26, 2012 4:03 pm_ (http://electionlawblog.org/?p=37609)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
TPM _reports_
(http://tpmmuckraker.talkingpointsmemo.com/2012/07/kris_kobach_credits_acorn_coverage_for_voter_id_push_video.php) .
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=37609&title=“
Kris%20Kobach%20Credits%20ACORN%20Hysteria%20With%20GOP-Led%20Voter%20ID%20Renaissance%20(VIDEO)”&description=)
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) | Comments Off
_The Problem of Pollworker Discretion in Implementing PA’s Voter ID Law_
(http://electionlawblog.org/?p=37605)
Posted on _July 26, 2012 3:13 pm_ (http://electionlawblog.org/?p=37605)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
One of the themes of _The Voting Wars_
(http://www.amazon.com/Voting-Wars-Florida-Election-Meltdown/dp/0300182031/ref=sr_1_cc_2?s=aps&ie=UTF8&qid=13292
86945&sr=1-2-catcorr) is that it is dangerous when we give people charged
with running our election lots of discretion for interpreting rules for who
can vote, etc., because inevitably subconscious biases and ideas can sneak
in. I talk about that a lot when it comes to my recounting of the
Florida 2000 debacle. It happened when county canvassing boards were deciding
whether or not to count votes for Gore, Bush or neither. It happened when
local election officials decided whether or not to use a faulty voter purge
list prepared by the state by DBT. (It also happened when the Republican
Secretary of State, Katherine Harris, and the Democratic Attorney General, Bob
Butterworth, gave conflicting interpretations of Florida statutory
provisions governing the election protest period.)
I was reminded of that when I read this portion of the _ACLU-PA’s recap _
(http://www.aclupa.blogspot.com/2012/07/voter-id-day-two-statistically-speaki
ng.html) of today’s testimony in the voter id trial, raising an issue
wholly apart from the question of how many people don’t have the right i.d. or
the right documents to get that i.d.:
A buzz-word of the day, “substantial conformity” is the term PA’s voter
ID statue applies to the similarity between a voter’s name on his or her
photo ID and the name that appears on state election rolls. The legislature
included no definition nor criteria for this term, and Ms. Oyler testified
that, while the Department of State may issue recommendations to the county
boards of election, those recommendations would be non-binding. Ultimately,
the question of substantial conformity, and the decision as to whether two
names match – say, for example “James Smith” and “Jim Smith” – will be
left to those individual boards of elections, and ultimately to the
individual poll workers.
Leaving such a subjective determination in the hands of so many
individuals raises significant questions. Substantive differences in name are not
uncommon – particularly for recently-married women, who are likely to have
obtained a new driver’s license, but highly unlikely to have updated the
election rolls. Voters whose ID is rejected would have the opportunity to cast a
provisional ballot, but as they will have only six days to order and
obtain a corrected ID card, the odds that their vote will be counted are slim.
In his testimony, Baretto remarked that any voter who has an ID with a name
that is not an exact match with his or her name on the voting rolls is “at
risk” come election day.
A similar problem confronts the voter ID law’s provision for “indigent”
voters. According to the law, voters who are “indigent” are permitted to
bypass ID requirements and instead complete a special form, which must be
submitted to the county board of elections to accompany their provisional
ballot. Once again, however, lawmakers failed to define “indigent,” and so it
is left to the county boards of elections, and ultimately to the discretion
of individual poll workers, to decide who is indigent and who is not – as
well as to decide whether to provide the indigent voter form on-site at the
polling place, or to require the voter to visit county election
headquarters to obtain the form.
In short, under PA’s new laws you’re not only handing that poll worker
your photo ID card – you’re also handing over unprecedented authority over
whether or not you can vote. Try to smile.
This alone raises some serious federal constitutional questions about
vagueness, due process, and impermissible discretion, issues which were not
addressed in the U.S. supreme Court’s Crawford case.
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=37605&title=The%20Problem%20of%20Pollworker%20Discretion%20in%20Implementing%20PA
’s%20Voter%20ID%20Law&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
_“Embattled postal service faces challenge on Election Day”_
(http://electionlawblog.org/?p=37602)
Posted on _July 26, 2012 2:38 pm_ (http://electionlawblog.org/?p=37602)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
NBC News _reports_ (http://nbcp
olitics.msnbc.msn.com/_news/2012/07/26/12973525-embattled-postal-service-faces-challenge-on-election-day#.UBG4QEJh9rw.twi
tter) .
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=37602&title=“
Embattled%20postal%20service%20faces%20challenge%20on%20Election%20Day”&description=)
Posted in _election administration_ (http://electionlawblog.org/?cat=18)
| Comments Off
_“Electoral College tie possible in Obama-Romney race”_
(http://electionlawblog.org/?p=37599)
Posted on _July 26, 2012 2:29 pm_ (http://electionlawblog.org/?p=37599)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
CNN _reports_
(http://www.cnn.com/2012/07/26/politics/electoral-college-tie/index.html) .
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=37599&title=“Electoral%20College%20tie%20possible%20in%20Obama-Romney%20race”
&description=)
Posted in _campaigns_ (http://electionlawblog.org/?cat=59) , _electoral
college_ (http://electionlawblog.org/?cat=44) | Comments Off
_“Gessler’s proposed changes to election rules draw heated objections;
Democratic legislators say Gessler has gone too far, is writing law”_
(http://electionlawblog.org/?p=37595)
Posted on _July 26, 2012 2:25 pm_ (http://electionlawblog.org/?p=37595)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
_Colorado Independent_
(http://coloradoindependent.com/124016/gesslers-proposed-changes-to-election-rules-draw-heated-objections) : “Over the course
of a five-hour rulemaking hearing Monday, Colorado Secretary of State Scott
Gessler probably got the message that a lot of people are unhappy with
proposed rules that would stop county clerks from mailing ballots to inactive
voters in some elections, change the way canvass boards are selected and
give county clerks more power to determine how much access election watchers
have.”
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=37595&title=“Gessler’
s%20proposed%20changes%20to%20election%20rules%20draw%20heated%20objections;%20Democratic%20legislators%20say%20Gessler%20has%20gone%20
too%20far,%20is%20writing%20law”&description=)
Posted in _election administration_ (http://electionlawblog.org/?cat=18) ,
_The Voting Wars_ (http://electionlawblog.org/?cat=60) | Comments Off
_Bundlers_ (http://electionlawblog.org/?p=37592)
Posted on _July 26, 2012 2:23 pm_ (http://electionlawblog.org/?p=37592)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
_Public Citizen Releases Updated ‘White House For Sale’ Website to Track
Bundlers_ (http://www.citizen.org/pressroom/pressroomredirect.cfm?ID=3676)
_More Romney Bundlers are Identified _
(http://www.opensecrets.org/news/2012/07/more-romney-bundlers-are-identified.html) (Open Secrets)
_Clinton Allies, Politicians, Among Obama’s New Bundlers_
(http://www.opensecrets.org/news/2012/07/obama-campaign-releases-new-bundler.html) (Open
Secrets)
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=37592&title=Bundlers&description=)
Posted in _campaign finance_ (http://electionlawblog.org/?cat=10) |
Comments Off
_“‘The Debate is Over’: FL’s ‘Non-Citizen’ Voter Purge Has Been a
Spectacular, Disenfranchising Failure”_ (http://electionlawblog.org/?p=37590)
Posted on _July 26, 2012 2:20 pm_ (http://electionlawblog.org/?p=37590)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
If you can get past the hyperbole and breathlessness, _this Brad Blog post_
(http://www.bradblog.com/?p=9412) offers some important factual
correctives (many from sunshine act requests) about the Florida voter purge. Bottom
line: very few non-citizens removed from rolls and very little proof of
non-citizen voting in Florida, despite _claims_
(http://electionlawblog.org/?p=37015) to the contrary.
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=37590&title=“‘The%20Debate%20is%20Over’:%20FL’s%20‘Non-Citizen’
%20Voter%20Purge%20Has%20Been%20a%20Spectacular,%20Disenfranchising%20Failure”
&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) , _voter registration_
(http://electionlawblog.org/?cat=37) | Comments Off
_“Scalia Defends ‘Citizens United,’ Arizona Immigration Decision”_
(http://electionlawblog.org/?p=37588)
Posted on _July 26, 2012 2:13 pm_ (http://electionlawblog.org/?p=37588)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
Tony Mauro _reports_
(http://legaltimes.typepad.com/blt/2012/07/scalia-defends-citizens-united-arizona-immigration-decision.html) for BLT.
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=37588&title=“Scalia%20Defends%20‘Citizens%20United,’
%20Arizona%20Immigration%20Decision”&description=)
Posted in _campaign finance_ (http://electionlawblog.org/?cat=10) ,
_Supreme Court_ (http://electionlawblog.org/?cat=29) | Comments Off
_“State ballot measures — the name game”_
(http://electionlawblog.org/?p=37586)
Posted on _July 26, 2012 2:13 pm_ (http://electionlawblog.org/?p=37586)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
Bill McGeveran and Myron Orfield have written _this oped_
(http://www.startribune.com/opinion/commentaries/163781496.html?refer=y) in the
Star-Tribune.
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=37586&title=“State%20ballot%20measures%20—%20the%20name%20game”&description=)
Posted in _direct democracy_ (http://electionlawblog.org/?cat=62) ,
_election administration_ (http://electionlawblog.org/?cat=18) | Comments Off
_“Washington State partners with Microsoft and Facebook; Facebook voter
registration app set to launch soon”_ (http://electionlawblog.org/?p=37583)
Posted on _July 26, 2012 10:29 am_ (http://electionlawblog.org/?p=37583)
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)
(http://www.addtoany.com/sh
are_save#url=http://electionlawblog.org/?p=37583&title=“
Washington%20State%20partners%20with%20Microsoft%20and%20Facebook;%20Facebook%20voter%20registration%20app%20set%20to%20launch%20soon”
&description=)
Posted in _election administration_ (http://electionlawblog.org/?cat=18) ,
_voter registration_ (http://electionlawblog.org/?cat=37) , _voting
technology_ (http://electionlawblog.org/?cat=40) | Comments Off
_“Pennsylvania Governor Can’t Recall Requirements Of Voter ID Law He
Signed”_ (http://electionlawblog.org/?p=37580)
Posted on _July 26, 2012 10:22 am_ (http://electionlawblog.org/?p=37580)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
TPM _reports_
(http://tpmmuckraker.talkingpointsmemo.com/2012/07/pennsylvania_voter_id_law_tom_corbett.php?ref=fpnewsfeed) .
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=37580&title=“Pennsylvania%20Governor%20Can’
t%20Recall%20Requirements%20Of%20Voter%20ID%20Law%20He%20Signed”&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
--
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://law.uci.edu/faculty/page1_r_hasen.html)
_http://electionlawblog.org_ (http://electionlawblog.org/)
Pre-order The Voting Wars: _http://amzn.to/y22ZTv_ (http://amzn.to/y22ZTv)
_www.thevotingwars.com_ (http://www.thevotingwars.com/)
_______________________________________________
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Law-election at department-lists.uci.edu
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