[EL] ELB News and Commentary 3/9/12
Sean Parnell
sean at impactpolicymanagement.com
Fri Mar 9 08:31:58 PST 2012
I found this amusing in the article about the NAACP going to the UN
regarding state voting laws:
“Jealous acknowledged that the Human Rights Council has no direct
authority over American states, but he hopes that it can exert influence
through public pressure.”
I’m curious how this statement is being viewed by people who spent the
better part of 2010 denouncing the idea of foreign involvement in U.S.
elections (ignoring that those restrictions still stood after Citizens
United)?
Sean Parnell
President
Impact Policy Management, LLC
6411 Caleb Court
Alexandria, VA 22315
571-289-1374 (c)
sean at impactpolicymanagement.com
From: law-election-bounces at department-lists.uci.edu [mailto:law-election-
bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
Sent: Friday, March 09, 2012 11:11 AM
To: law-election at UCI.edu
Subject: [EL] ELB News and Commentary 3/9/12
“NAACP to challenge state voting laws before U.N. panel in Geneva”
<http://electionlawblog.org/?p=31311>
Posted on <http://electionlawblog.org/?p=31311> March 9, 2012 8:06 am by
Rick Hasen <http://electionlawblog.org/?author=3>
McClatchy reports <http://www.kentucky.com/2012/03/08/2101368/naacp-to-
challenge-state-voting.html> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31311&title=%E2%80%9CNAACP%20to%20challenge%20state%20voting%20laws%20
before%20U.N.%20panel%20in%20Geneva%E2%80%9D&description=> Share
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
Convention Fight for Republicans? <http://electionlawblog.org/?p=31308>
Posted on <http://electionlawblog.org/?p=31308> March 9, 2012 8:02 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Mark Siegel, former executive director of DNC, games it out
<http://www.huffingtonpost.com/mark-siegel/not-so-fast-
romney_b_1333738.html> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31308&title=Convention%20Fight%20for%20Republicans%3F&description=>
Share
Posted in political parties <http://electionlawblog.org/?cat=25> ,
primaries <http://electionlawblog.org/?cat=32> | Comments Off
Senator Feingold on Citizens United and the Montana Case
<http://electionlawblog.org/?p=31306>
Posted on <http://electionlawblog.org/?p=31306> March 9, 2012 8:01 am by
Rick Hasen <http://electionlawblog.org/?author=3>
As reported <http://www.dailykos.com/story/2012/03/08/1072621/-Russ-
Feingold-SCOTUS-Beginning-to-Take-Note-of-Judicial-Disaster-That-is-
Citizens-United> at Daily Kos.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31306&title=Senator%20Feingold%20on%20Citizens%20United%20and%20the%20
Montana%20Case&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
“Obama’s Super Paranoia: The president’s reelection campaign doesn’t
want to share financial resources with congressional Democrats.”
<http://electionlawblog.org/?p=31303>
Posted on <http://electionlawblog.org/?p=31303> March 9, 2012 7:54 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Major Garrett reports <http://www.nationaljournal.com/magazine/obama-
campaign-s-super-paranoia-20120308?mrefid=freehplead_1> for National
Journal <http://www.nationaljournal.com/magazine/obama-campaign-s-super-
paranoia-20120308?mrefid=freehplead_1> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31303&title=%E2%80%9CObama%E2%80%99s%20Super%20Paranoia%3A%20The%20pre
sident%E2%80%99s%20reelection%20campaign%20doesn%E2%80%99t%20want%20to%20sha
re%20financial%20resources%20with%20congressional%20Democrats.%> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
“More Americans Elect Vogon Democracy: to Reverse our Policies, Just
Contact and Convince 10,000 Delegates We’ve Hidden From You and Who May
Not Exist. You Have 48 Hours.” <http://electionlawblog.org/?p=31299>
Posted on <http://electionlawblog.org/?p=31299> March 9, 2012 7:45 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Irregular Times
<http://irregulartimes.com/index.php/archives/2012/03/08/more-americans-
elect-vogon-democracy-to-reverse-our-policies-just-contact-and-convince-
10000-delegates-weve-hidden-from-you-and-who-may-not-exist-you-have-48-
hours/> on the internal democracy struggles at Americans Elect.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31299&title=%E2%80%9CMore%20Americans%20Elect%20Vogon%20Democracy%3A%2
0to%20Reverse%20our%20Policies%2C%20Just%20Contact%20and%20Convince%2010%2C0
00%20Delegates%20We%E2%80%99ve%20Hidden%20From%20You%20and%20Wh> Share
Posted in third parties <http://electionlawblog.org/?cat=47> | Comments
Off
For All on Left Who Tell Me They Want to Ban Out of State Money in Senate
Races <http://electionlawblog.org/?p=31297>
Posted on <http://electionlawblog.org/?p=31297> March 9, 2012 7:43 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Cher ♥ Elizabeth Warren
<http://www.nytimes.com/2012/03/09/us/politics/elizabeth-warrens-star-
support-criticized.html?_r=1&hp> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31297&title=For%20All%20on%20Left%20Who%20Tell%20Me%20They%20Want%20to
%20Ban%20Out%20of%20State%20Money%20in%20Senate%20Races&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
“Republican Turnout Lags Behind 2008 and 2000 White House Races”
<http://electionlawblog.org/?p=31295>
Posted on <http://electionlawblog.org/?p=31295> March 9, 2012 7:41 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Bloomberg reports <http://www.bloomberg.com/news/2012-03-09/republican-
turnout-lags-behind-2008-and-2000-white-house-races.html> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31295&title=%E2%80%9CRepublican%20Turnout%20Lags%20Behind%202008%20and
%202000%20White%20House%20Races%E2%80%9D&description=> Share
Posted in voting <http://electionlawblog.org/?cat=31> | Comments Off
“California Felon Voting Case Asks: When is Being in Jail Not
“Imprisoned”?” <http://electionlawblog.org/?p=31292>
Posted on <http://electionlawblog.org/?p=31292> March 9, 2012 7:37 am by
Rick Hasen <http://electionlawblog.org/?author=3>
A ChapinBlog
<http://blog.lib.umn.edu/cspg/electionacademy/2012/03/california_felon_votin
g_case.php?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+HHH
Elections+%28The+Election+Aacdemy%29> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31292&title=%E2%80%9CCalifornia%20Felon%20Voting%20Case%20Asks%3A%20Wh
en%20is%20Being%20in%20Jail%20Not%20%E2%80%9CImprisoned%E2%80%9D%3F%E2%80%9D
&description=> Share
Posted in felon voting <http://electionlawblog.org/?cat=66> | Comments Off
“IRS May Make Political Groups Pay Dearly for Keeping Donors Secret
<http://electionlawblog.org/?p=31289> - And Out Them”
Posted on <http://electionlawblog.org/?p=31289> March 9, 2012 7:32 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Important report <http://www.huffingtonpost.com/2012/03/08/irs-political-
groups-501c4-_n_1333389.html?ref=tw> from Dan Froomkin. And it may answer
Eric Brown’s question <http://politicalactivitylaw.com/2012/03/09/todays-
political-law-links-2/> (based on a Politico article): Where’s the
corporate money <http://www.politico.com/news/stories/0312/73804.html> ?
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31289&title=%E2%80%9CIRS%20May%20Make%20Political%20Groups%20Pay%20Dea
rly%20for%20Keeping%20Donors%20Secret%20%E2%80%94%20And%20Out%20Them%E2%80%9
D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> , tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
“Horne denies allegation he tried to bribe opponent of Stearns”
<http://electionlawblog.org/?p=31286>
Posted on <http://electionlawblog.org/?p=31286> March 8, 2012 5:47 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
The Gainesville Sun reports
<http://www.gainesville.com/article/20120308/ARTICLES/120309635/-
1/opinion?Title=Horne-denies-allegation-he-tried-to-bribe-opponent-of-
Stearns> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31286&title=%E2%80%9CHorne%20denies%20allegation%20he%20tried%20to%20b
ribe%20opponent%20of%20Stearns%E2%80%9D&description=> Share
Posted in chicanery <http://electionlawblog.org/?cat=12> | Comments Off
“Senate Democrats Ask I.R.S. for More Scrutiny of Nonprofit Political
Groups” <http://electionlawblog.org/?p=31283>
Posted on <http://electionlawblog.org/?p=31283> March 8, 2012 3:32 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT’s “The Caucus” reports
<http://thecaucus.blogs.nytimes.com/2012/03/08/senate-democrats-ask-i-r-s-
for-more-scrutiny-of-nonprofit-political-groups/> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31283&title=%E2%80%9CSenate%20Democrats%20Ask%20I.R.S.%20for%20More%20
Scrutiny%20of%20Nonprofit%20Political%20Groups%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> , tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
“March 29 Symposium to Focus on State Judicial Elections in Post-Citizens
United Landscape” <http://electionlawblog.org/?p=31279>
Posted on <http://electionlawblog.org/?p=31279> March 8, 2012 3:30 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
This event <http://law.wm.edu/news/stories/2012/march-29-election-law-
symposium-to-focus-on-changing-state-of-judicial-
elections.php?utm_source=twitterfeed&utm_medium=twitter> at William & Mary
looks very good.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31279&title=%E2%80%9CMarch%2029%20Symposium%20to%20Focus%20on%20State%
20Judicial%20Elections%20in%20Post-
Citizens%20United%20Landscape%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> , judicial
elections <http://electionlawblog.org/?cat=19> | Comments Off
“Inside Merit Selection A National Survey of Judicial Nominating
Commissioners” <http://electionlawblog.org/?p=31276>
Posted on <http://electionlawblog.org/?p=31276> March 8, 2012 2:47 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
American Judicature Society
<http://www.ajs.org/selection/jnc/jnc_report.asp> :
Summary
The results of a survey of judicial nominating commissioners released by
the American Judicature Society (AJS) examine current merit selection
systems. The survey report finds judicial nominating commissions are highly
functional decision-making bodies operating in ways that are consistent
with the goals that guided their creation.
I
<http://www.ajs.org/selection/jnc/The%20results%20of%20a%20survey%20of%20jud
icial%20nominating%20commissioners%20released%20by%20the%20American%20Judica
ture%20Society%20%28AJS%29%20examine%20current%20merit%20selection%20systems
.%20The%20survey%20report%20finds%20judicial%20nominating%20commissions%20ar
e%20highly%20functional%20decision-making%20bodies%20ope> nside Merit
Selection: The Results of a National Survey of Judicial Nominating
Commissioners
<http://www.judicialselection.us/uploads/documents/JNC_Survey_ReportFINAL3_9
2E04A2F04E65.pdf> is the first survey since 1994 to assess judicial
nominating commissions, including information about commission rules,
procedures, practices, and members’ working relationships. With 487
respondents from 30 states and the District of Columbia, this survey is the
largest of its kind.
The full report is available HERE
<http://www.judicialselection.us/uploads/documents/JNC_Survey_ReportFINAL3_9
2E04A2F04E65.pdf> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31276&title=%E2%80%9CInside%20Merit%20Selection%20A%20National%20Surve
y%20of%20Judicial%20Nominating%20Commissioners%E2%80%9D&description=> Share
Posted in judicial elections <http://electionlawblog.org/?cat=19> |
Comments Off
“Mystery Group Made Calls for Mystery Candidate”
<http://electionlawblog.org/?p=31273>
Posted on <http://electionlawblog.org/?p=31273> March 8, 2012 2:30 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
Political Wire
<http://politicalwire.com/archives/2012/03/08/mystery_group_made_calls_for_m
ystery_candidate.html> on the unknown winner of the Democratic nomination
for the OH-2 Congressional district, the aptly-named Mr. Smith.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31273&title=%E2%80%9CMystery%20Group%20Made%20Calls%20for%20Mystery%20
Candidate%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> , campaigns
<http://electionlawblog.org/?cat=59> , chicanery
<http://electionlawblog.org/?cat=12> | Comments Off
“Innovative Analysis: Six Takes on the Republican Nomination Contest”
<http://electionlawblog.org/?p=31270>
Posted on <http://electionlawblog.org/?p=31270> March 8, 2012 2:04 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
A FairVote compendium <http://www.fairvote.org/innovative-analysis-six-
takes-on-the-republican-nomination-contest#.T1ksU3miaxN> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31270&title=%E2%80%9CInnovative%20Analysis%3A%20Six%20Takes%20on%20the
%20Republican%20Nomination%20Contest%E2%80%9D&description=> Share
Posted in political parties <http://electionlawblog.org/?cat=25> ,
primaries <http://electionlawblog.org/?cat=32> | Comments Off
“Panel Says Long, Tough Campaign Will Help, Not Hurt Mitt Romney”
<http://electionlawblog.org/?p=31266>
Posted on <http://electionlawblog.org/?p=31266> March 8, 2012 1:36 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
U.S. News reports <http://www.usnews.com/news/blogs/ballot-
2012/2012/03/08/panel-says-long-tough-campaign-will-help-not-hurt-mitt-
romney> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31266&title=%E2%80%9CPanel%20Says%20Long%2C%20Tough%20Campaign%20Will%
20Help%2C%20Not%20Hurt%20Mitt%20Romney%E2%80%9D&description=> Share
Posted in political parties <http://electionlawblog.org/?cat=25> ,
primaries <http://electionlawblog.org/?cat=32> | Comments Off
“When the GOP Tried to Ban Dark Money”
<http://electionlawblog.org/?p=31264>
Posted on <http://electionlawblog.org/?p=31264> March 8, 2012 1:35 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
Justin Elliott strolls down <http://www.propublica.org/article/when-the-gop-
tried-to-ban-dark-money> memory lane.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31264&title=%E2%80%9CWhen%20the%20GOP%20Tried%20to%20Ban%20Dark%20Mone
y%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
“White House Ethics Hub Goes Live Online”
<http://electionlawblog.org/?p=31261>
Posted on <http://electionlawblog.org/?p=31261> March 8, 2012 1:29 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
The Caucus <http://thecaucus.blogs.nytimes.com/2012/03/08/white-house-
ethics-hub-goes-live-online/> : “The Obama administration introduced a
central online hub for information about ethics, lobbying and campaign
contributions on Thursday, making good on a campaign pledge President Obama
made in his 2008 campaign. The Web site, Ethics.gov
<http://explore.data.gov/ethics/> , allows users to cross-check several
federal databases for information about lobbyists and their activities,
contribution and spending records for candidates for federal office and
political action committees, travel by administration officials and
visitors to the White House.”
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31261&title=%E2%80%9CWhite%20House%20Ethics%20Hub%20Goes%20Live%20Onli
ne%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> , lobbying
<http://electionlawblog.org/?cat=28> | Comments Off
“Republican Party Overmatched By Soros Backed ‘Vote Fraud Denier
Industry’” <http://electionlawblog.org/?p=31258>
Posted on <http://electionlawblog.org/?p=31258> March 8, 2012 1:20 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
More paranoia. <http://spectator.org/blog/2012/03/08/republican-party-
overmatched-b>
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31258&title=%E2%80%9CRepublican%20Party%20Overmatched%20By%20Soros%20B
acked%20%E2%80%98Vote%20Fraud%20Denier%20Industry%E2%80%99%E2%80%9D&descript
ion=> Share
Posted in fraudulent fraud squad <http://electionlawblog.org/?cat=8> , The
Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
Looks Like DOJ Will Decide Whether to Preclear Texas’s Voter ID Law by
Monday <http://electionlawblog.org/?p=31255>
Posted on <http://electionlawblog.org/?p=31255> March 8, 2012 1:07 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
See here <http://txredistricting.org/?e9a5fb10> . If there’s no
preclearance, the issue will go before a 3 judge court with a status
hearing Wednesday. <http://txredistricting.org/post/18951283096/texas-voter-
id-returns-to-the-fore-next-week-with>
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31255&title=Looks%20Like%20DOJ%20Will%20Decide%20Whether%20to%20Precle
ar%20Texas%E2%80%99s%20Voter%20ID%20Law%20by%20Monday&description=> Share
Posted in 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
“Koch-Connected Group Shows Holes in Disclosure Requirements”
<http://electionlawblog.org/?p=31252>
Posted on <http://electionlawblog.org/?p=31252> March 8, 2012 12:47 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
Must read <http://www.opensecrets.org/news/2012/03/energy-industry-trade-
groups.html> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31252&title=%E2%80%9CKoch-
Connected%20Group%20Shows%20Holes%20in%20Disclosure%20Requirements%E2%80%9D&
description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> , tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
“Bad New for Voting Rights in Swing States”
<http://electionlawblog.org/?p=31249>
Posted on <http://electionlawblog.org/?p=31249> March 8, 2012 12:45 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
Ben Adler blogs <http://www.thenation.com/blog/166689/bad-news-voting-
rights-swing-states> at The Nation.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31249&title=%E2%80%9CBad%20New%20for%20Voting%20Rights%20in%20Swing%20
States%E2%80%9D&description=> Share
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
Responding to Lessig on Transparency and Americans Elect
<http://electionlawblog.org/?p=31244>
Posted on <http://electionlawblog.org/?p=31244> March 8, 2012 12:34 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
I had asked <https://twitter.com/#%21/rickhasen/status/177552605822717952>
Larry Lessig about how he could support Americans Elect given their well
known transparency problems (for example, they won’t reveal
<http://electionlawblog.org/?p=26885> their donors based upon
unsubstantiated claims
<http://www.politico.com/news/stories/1111/67965.html> of potential
harassment). Larry’s explanation is here
<http://lessig.tumblr.com/post/18951520350/on-the-anonymous-donors-to-
americans-elect> and I appreciate the care he has taken in responding.
Here’s my reply.
Larry’s says he would like transparency of donors at Americans Elect, but
he is not too troubled by the lack of transparency in this instance
because, given AE’s structure, he does not believe that secret money could
be used to corrupt a candidate (unlike Super PAC spending benefiting a
candidate) in the AE process and it won’t affect the results of the AE
candidate selection process. Further, Larry argues, maybe the concern about
AE harassment is a legitimate one given that this is an effort to upend the
two-party duopoly which could anger some establishment types. I’ll
respond to each of these points.
1.Transparency, Corruption, and Information Shortcuts. To begin with,
corruption is not the only value I see in transparency. Another value is
providing valuable information to voters. In a recent California
initiative, the utility Pacific Gas and Electric supported an initiative
shielding the utility from competition by public utilities. PG&E spent $43
million supporting the measure through a “Yes” committee, compared to $1
million on the No side. But the measure went down to defeat, in large part
I believe because each “Yes” ad included information that PG&E supported
it. Voters are busy, not stupid. Knowing PG&E backed a utility measure was
all they needed to know to vote “no.”
Similarly, if it turns out (as appears to be the case) that AE is backed
primarily by a handful of hedge fund managers and no small donors, voters
can evaluate whether the effort might be engineered to produce a certain
kind of candidate (say, a centrist candidate who will be good to the
interests of hedge fund managers). Yet AE presents itself
<http://electionlawblog.org/?p=31204> as “unencumbered by special
interest and Super PAC money. We’re not influenced by the political class
of consultants or guided by Washington lobbyists.” Voters should be able
to fully evaluate the AE effort. This is especially true if, as alleged by
the first commenter <http://lessig.tumblr.com/post/18951520350/on-the-
anonymous-donors-to-americans-elect#disqus_thread> on your Tumblr post
responding to me, AE is manipulating the rules: changing how candidates are
presented to the public in order to promote some over others, hiding AE
delegate votes so that opponents of board rules don’t see them, etc.
As to corruption, I would not be so sure. As I explained in my first
Politico piece <http://www.politico.com/news/stories/1111/67965.html> ,
under AE’s bylaws the controlling reserve the right to veto choices of
voters cast through their Internet primary. It is also not clear that
their Internet primary will be free of manipulation, and there’s no secret
ballot. In short, the AE board (presumably controlled by those paying the
bills) have enough levers at their disposal to be able to significantly
influence who the choice of the AE candidate. If that’s right the danger
of corruption is as real as it is for Super PACs.
Now it may be that the AE process could get out of the Board’s control.
I’ve suggested in my second Politico piece
<http://www.politico.com/news/stories/0312/73607.html> that it could be
hijacked by Stephen Colbert as a kind of performance art. In your Kindle
Single One Way Forward <http://www.amazon.com/One-Way-Forward-Outsiders-
ebook/dp/B0078TE3NG/ref=sr_1_1?s=digital-text&ie=UTF8&qid=1331238145&sr=1-
1> you say “We need to Occupy Americans Elect” to get them to choose a
reform candidate (presumably your ally Buddy Roemer). But just because the
process might be hijacked doesn’t mean that the corruption danger is not
there. (Of course, the possibility of hijacking also means that AE could
be taken over so that a candidate of the far left or far right gets chosen,
who acts as a spoiler and leads to the election of a candidate who is the
last choice of a majority of voters. But that’s a different problem.)
2. Affecting the Outcome. Even if we don’t characterize the levers the AE
board has to influence the candiate selection process as “corruption,”
there’s no denying that those levers exist. And if they do that’s all
the more reason for voters to know who is behind the effort. A candidate
put on the ballot by thousands of small donors across the country would be
viewed differently by voters (justifiably so) compared to a candidate
bankrolled by a few hedge fund managers who “bought” ballot access for
the candidate in advance. It is just something we should all know before
we make our decisions.
3. Harassment. The harassment issue is a canard. I’ve done a study
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1948313> of the recent
claims of harassment in the gay marriage context (a social issue much
hotter than the question of the two-party duopoly, I’d say), and the
claims are incredibly weak. It is far more likely that the AE people are
hiding their donors because you would see a small group of large, wealthy
donors which would be less appealing to the average voter than through a
mass movement. And even if some harassment were plausible, I’d suggest
that your former boss <http://www.law.cornell.edu/supct/justices/scalia.bio.
html> has it right here <http://www.supremecourt.gov/opinions/09pdf/09-559.
pdf> : “Requiring people to stand up in public for their political acts
fosters civic courage, without which democracy is doomed. For my part, I do
not look forward to a society which, thanks to the Supreme Court, campaigns
anonymously … and even exercises the direct democracy of initiative and
referendum hidden from public scrutiny and protected from the
accountability of criticism. This does not resemble the Home of the Brave.”
UPDATE: Lessig replies here
<http://lessig.tumblr.com/post/18964244848/responding-to-ricks-response> ,
and on this note I think all the relevant points have been made.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31244&title=Responding%20to%20Lessig%20on%20Transparency%20and%20Ameri
cans%20Elect&description=> Share
Posted in third parties <http://electionlawblog.org/?cat=47> | Comments
Off
“‘Misunderestimating’ Campaign Finance Reform”
<http://electionlawblog.org/?p=31242>
Posted on <http://electionlawblog.org/?p=31242> March 8, 2012 11:57 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Jonathan Backer responds
<http://www.brennancenter.org/blog/archives/misunderestimating_campaign_fina
nce_reform/> to Ezra Klein’s review
<http://www.nybooks.com/articles/archives/2012/mar/22/our-corrupt-politics-
its-not-all-money/> of Larry Lessig’s and Jack Abramoff’s books.
(Lessig’s response to Klein is here
<http://lessig.tumblr.com/post/18805061495/ezras-review> .)
Klein’s general take is that concern over campaign finance and lobbying
reform is overblown. Backer says it is a more important part of the
picture than Klein recognizes.
My view: the relationship of campaign finance reform to the issues needed
to fix Washington is very complicated. I try to sort it out in my
forthcoming <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2017026>
Harvard Law Review essay on Lessig’s and Abramoff’s books. Ezra way
understates the importance of money in politics, but Lessig way overstates
how much campaign finance and lobbying reform could accomplish.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31242&title=%E2%80%9C%E2%80%98Misunderestimating%E2%80%99%20Campaign%2
0Finance%20Reform%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> ,
legislation and legislatures <http://electionlawblog.org/?cat=27> ,
lobbying <http://electionlawblog.org/?cat=28> , political parties
<http://electionlawblog.org/?cat=25> | Comments Off
“Super Tuesday: More Slow than Super”
<http://electionlawblog.org/?p=31239>
Posted on <http://electionlawblog.org/?p=31239> March 8, 2012 10:27 am 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/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31239&title=%E2%80%9CSuper%20Tuesday%3A%20More%20Slow%20than%20Super%E
2%80%9D&description=> Share
Posted in election administration <http://electionlawblog.org/?cat=18> |
Comments Off
Breaking News: RNC Loses Appeal Over Consent Decree Barring Polling Place
“Ballot Security” Measures <http://electionlawblog.org/?p=31235>
Posted on <http://electionlawblog.org/?p=31235> March 8, 2012 8:58 am by
Rick Hasen <http://electionlawblog.org/?author=3>
You can read the unanimous opinion of the three-judge-court of the United
States Court of Appeals for the Third Circuit at this link
<http://electionlawblog.org/wp-content/uploads/rncvdnc.pdf> . Speaking very
roughly, back in 1982 the Republican National Committee settled a case
(through a court-enforced consent decree) brought by the Democratic
National Committee claiming that Republican “ballot security” programs
meant to combat supposed voter fraud constituted intimidation of minority
voters in violation of the Constitution and the Voting Rights Act. Among
other things, the consent decree requires the RNC to get permission from
the court before implementing certain poll watching activities.
This decree has been in place for a long time, and recently the RNC argued
that the consent decree should be modified or dissolved. The district
court agreed to put an 8 year time limit on the rest of the decree (subject
to the DNC arguing for additional extensions after 2017), but otherwise
kept the key provisions in place. In today’s decision, a three-judge
panel of the Third Circuit unanimously affirmed the District Court’s
decision not to weaken or dissolve the decree. The only point upon which
the appellate court seemed to disagree with the district court was over
whether it was appropriate to dissolve this in 8 years-the appellate court
suggested that it might be improper to do so, because the mere passage of
time is not enough to prove the decree should be dissolved.
Bottom line: huge win for the DNC here. I do not know if the RNC will try
for a rehearing en banc in the third circuit, but a motion for an
injunction pending appeal to the Supreme Court Justice in charge of the
Third Circuit, Justice Alito, does not seem to far-fetched to me.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31235&title=Breaking%20News%3A%20RNC%20Loses%20Appeal%20Over%20Consent
%20Decree%20Barring%20Polling%20Place%20%E2%80%9CBallot%20Security%E2%80%9D%
20Measures&description=> Share
Posted in chicanery <http://electionlawblog.org/?cat=12> , federal election
commission <http://electionlawblog.org/?cat=24> , political parties
<http://electionlawblog.org/?cat=25> , The Voting Wars
<http://electionlawblog.org/?cat=60> | Comments Off
“On the Anonymous Donors to Americans Elect”
<http://electionlawblog.org/?p=31233>
Posted on <http://electionlawblog.org/?p=31233> March 8, 2012 8:49 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Lessig responds <http://lessig.tumblr.com/post/18951520350/on-the-anonymous-
donors-to-americans-elect> to my query about his support for an
organization which does not disclose his donors. His careful post merits a
careful response. Stay tuned.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31233&title=%E2%80%9COn%20the%20Anonymous%20Donors%20to%20Americans%20
Elect%E2%80%9D&description=> Share
Posted in third parties <http://electionlawblog.org/?cat=47> | Comments
Off
“Unclean elections; NYC laws invite corruption”
<http://electionlawblog.org/?p=31230>
Posted on <http://electionlawblog.org/?p=31230> March 8, 2012 8:10 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Allison Hayward has written this oped
<http://www.nypost.com/p/news/opinion/opedcolumnists/unclean_elections_xC5dU
PJXIhx5tStDvjARnN#ixzz1oUzlTHh4.> in the NY Post.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D31230&title=%E2%80%9CUnclean%20elections%3B%20NYC%20laws%20invite%20co
rruption%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | 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
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