[EL] HBO film on Gov. Palin, "Game Change" -- Protected only by CU?

Fri Mar 9 21:25:57 PST 2012

I wonder whether any list members think HBO should have been prohibited from marketing or airing its film, which I understand is very critical of Sarah Palin, if she were currently running to be the GOP nominee for president? Is this like “Hillary; The Movie” but just with a bigger budget? Did executive producer Tom Hanks need Citizens United to protect his right to produce such a film to be released by HBO during primary season? Inquiring minds want to know.

Seriously, how is this distinguishable from Citizens United, apart perhaps from whatever artistic merit “Game Change” may have?

Mark S. Scarberry
Professor of Law
Pepperdine Univ. School of Law

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Sean Parnell
Sent: Friday, March 09, 2012 8:32 AM
To: 'Rick Hasen'; law-election at uci.edu
Subject: Re: [EL] ELB News and Commentary 3/9/12

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<mailto:sean at impactpolicymanagement.com>

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]<mailto:[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<mailto: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 March 9, 2012 8:06 am<http://electionlawblog.org/?p=31311> by Rick Hasen<http://electionlawblog.org/?author=3>

McClatchy reports<http://www.kentucky.com/2012/03/08/2101368/naacp-to-challenge-state-voting.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
Convention Fight for Republicans?<http://electionlawblog.org/?p=31308>
Posted on March 9, 2012 8:02 am<http://electionlawblog.org/?p=31308> 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>.
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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 March 9, 2012 8:01 am<http://electionlawblog.org/?p=31306> 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.
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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 March 9, 2012 7:54 am<http://electionlawblog.org/?p=31303> 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>.
[cid:image001.png at 01CCFE39.41D28B50]<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%20president%E2%80%99s%20reelection%20campaign%20doesn%E2%80%99t%20want%20to%20share%20financial%20resources%20with%20congressional%20Democrats.%>
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 March 9, 2012 7:45 am<http://electionlawblog.org/?p=31299> 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.
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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 March 9, 2012 7:43 am<http://electionlawblog.org/?p=31297> 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>.
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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 March 9, 2012 7:41 am<http://electionlawblog.org/?p=31295> 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>.
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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 March 9, 2012 7:37 am<http://electionlawblog.org/?p=31292> by Rick Hasen<http://electionlawblog.org/?author=3>

A ChapinBlog<http://blog.lib.umn.edu/cspg/electionacademy/2012/03/california_felon_voting_case.php?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+HHHElections+%28The+Election+Aacdemy%29>.
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Posted in felon voting<http://electionlawblog.org/?cat=66> | Comments Off
“IRS May Make Political Groups Pay Dearly for Keeping Donors Secret — And Out Them”<http://electionlawblog.org/?p=31289>
Posted on March 9, 2012 7:32 am<http://electionlawblog.org/?p=31289> 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>?
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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
“Horne denies allegation he tried to bribe opponent of Stearns”<http://electionlawblog.org/?p=31286>
Posted on March 8, 2012 5:47 pm<http://electionlawblog.org/?p=31286> 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>.
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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 March 8, 2012 3:32 pm<http://electionlawblog.org/?p=31283> 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/>.
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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
“March 29 Symposium to Focus on State Judicial Elections in Post-Citizens United Landscape”<http://electionlawblog.org/?p=31279>
Posted on March 8, 2012 3:30 pm<http://electionlawblog.org/?p=31279> 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.
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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 March 8, 2012 2:47 pm<http://electionlawblog.org/?p=31276> 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%20judicial%20nominating%20commissioners%20released%20by%20the%20American%20Judicature%20Society%20%28AJS%29%20examine%20current%20merit%20selection%20systems.%20The%20survey%20report%20finds%20judicial%20nominating%20commissions%20are%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_92E04A2F04E65.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_92E04A2F04E65.pdf>.
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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 March 8, 2012 2:30 pm<http://electionlawblog.org/?p=31273> by Rick Hasen<http://electionlawblog.org/?author=3>

Political Wire<http://politicalwire.com/archives/2012/03/08/mystery_group_made_calls_for_mystery_candidate.html> on the unknown winner of the Democratic nomination for the OH-2 Congressional district, the aptly-named Mr. Smith.
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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 March 8, 2012 2:04 pm<http://electionlawblog.org/?p=31270> 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>.
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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 March 8, 2012 1:36 pm<http://electionlawblog.org/?p=31266> 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>.
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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 March 8, 2012 1:35 pm<http://electionlawblog.org/?p=31264> 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.
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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 March 8, 2012 1:29 pm<http://electionlawblog.org/?p=31261> 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.”
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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 March 8, 2012 1:20 pm<http://electionlawblog.org/?p=31258> by Rick Hasen<http://electionlawblog.org/?author=3>

More paranoia.<http://spectator.org/blog/2012/03/08/republican-party-overmatched-b>
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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 March 8, 2012 1:07 pm<http://electionlawblog.org/?p=31255> 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>
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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>, 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 March 8, 2012 12:47 pm<http://electionlawblog.org/?p=31252> by Rick Hasen<http://electionlawblog.org/?author=3>

Must read<http://www.opensecrets.org/news/2012/03/energy-industry-trade-groups.html>.
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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
“Bad New for Voting Rights in Swing States”<http://electionlawblog.org/?p=31249>
Posted on March 8, 2012 12:45 pm<http://electionlawblog.org/?p=31249> 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.
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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
Responding to Lessig on Transparency and Americans Elect<http://electionlawblog.org/?p=31244>
Posted on March 8, 2012 12:34 pm<http://electionlawblog.org/?p=31244> 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.

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Posted in third parties<http://electionlawblog.org/?cat=47> | Comments Off
“‘Misunderestimating’ Campaign Finance Reform”<http://electionlawblog.org/?p=31242>
Posted on March 8, 2012 11:57 am<http://electionlawblog.org/?p=31242> by Rick Hasen<http://electionlawblog.org/?author=3>

Jonathan Backer responds<http://www.brennancenter.org/blog/archives/misunderestimating_campaign_finance_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 Harvard Law Review essay<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2017026> 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.
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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 March 8, 2012 10:27 am<http://electionlawblog.org/?p=31239> 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>.
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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 March 8, 2012 8:58 am<http://electionlawblog.org/?p=31235> 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.
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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 March 8, 2012 8:49 am<http://electionlawblog.org/?p=31233> 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.
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Posted in third parties<http://electionlawblog.org/?cat=47> | Comments Off
“Unclean elections; NYC laws invite corruption”<http://electionlawblog.org/?p=31230>
Posted on March 8, 2012 8:10 am<http://electionlawblog.org/?p=31230> by Rick Hasen<http://electionlawblog.org/?author=3>

Allison Hayward has written this oped<http://www.nypost.com/p/news/opinion/opedcolumnists/unclean_elections_xC5dUPJXIhx5tStDvjARnN#ixzz1oUzlTHh4.> in the NY Post.
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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
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Irvine, CA 92697-8000
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