[EL] Unintential hilarity in Fred Wertheimer column
Sean Parnell
sean at impactpolicymanagement.com
Tue Apr 9 13:53:18 PDT 2013
I see that Fred Wertheimer has an op-ed today touting proposed ‘reforms’
in New York, using the recent scandal involving the bribery of local
Republican leaders by a Democratic state senator as his springboard for why
taxpayer dollars should be handed over to politicians:
http://www.politico.com/story/2013/04/ny-set-to-reformcampaign-finance-89765
_Page2.html. The answer to this sort of corruption, of course, is taxpayer
funded political campaigns, modeled after New York City’s 15-year old
program.
Setting aside the fact that this scandal involved under-the-table bribery,
not campaign contributions, there is a rather embarrassing bit of
information for the ‘reform’ message. The bribery scandal in New York
involves a sitting member of the New York City Council, who received
$102,568 from New York City’s taxpayer financing program in 2009. The city
reports are here: http://www.nyccfb.info/DataLibrary/?sm=press_dlb
This does not inspire confidence in New York City’s program, I think.
Best,
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: Tuesday, April 09, 2013 10:58 AM
To: law-election at uci.edu
Subject: [EL] ELB News and Commentary 4/9/13
“Conservative Group Helping Industry Fight Federal Cuts”
<http://electionlawblog.org/?p=49163>
Posted on <http://electionlawblog.org/?p=49163> April 9, 2013 7:56 am by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT
<http://www.nytimes.com/2013/04/10/us/politics/american-conservative-union-f
ighting-spending-cuts.html?ref=politics> : “As one of the country’s
largest and oldest conservative advocacy groups, the American Conservative
Union <http://www.conservative.org/> has long fought to rein in federal
spending and limit the size of government. But behind the scenes, the group
has formed a partnership with business lobbyists to tame the activists who
have pushed Republican leaders in Congress to adopt some of the most austere
spending limits in decades.”
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D49163&title=%E2%80%9CConservative%20Group%20Helping%20Industry%20Fight
%20Federal%20Cuts%E2%80%9D&description=> Share
Posted in legislation and legislatures <http://electionlawblog.org/?cat=27>
, lobbying <http://electionlawblog.org/?cat=28> | Comments Off
“New Study Examines Rejected Ballots in Arizona”
<http://electionlawblog.org/?p=49160>
Posted on <http://electionlawblog.org/?p=49160> April 9, 2013 7:53 am by
Rick Hasen <http://electionlawblog.org/?author=3>
A ChapinBlog
<http://blog.lib.umn.edu/cspg/electionacademy/2013/04/new_study_examines_rej
ected_ba.php> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D49160&title=%E2%80%9CNew%20Study%20Examines%20Rejected%20Ballots%20in%
20Arizona%E2%80%9D&description=> Share
Posted in election administration <http://electionlawblog.org/?cat=18> |
Comments Off
“Judge rules against complaint about Pennsylvania redistricting plan”
<http://electionlawblog.org/?p=49158>
Posted on <http://electionlawblog.org/?p=49158> April 9, 2013 7:52 am by
Rick Hasen <http://electionlawblog.org/?author=3>
News from Pa
<http://www.delcotimes.com/articles/2013/04/08/news/doc5162fc5fde9ab83751177
3.txt> : “A federal district court judge denied
<http://www.paed.uscourts.gov/documents/opinions/13D0304P.pdf> a Latino
group’s request for injunctive relief and dismissed its complaint regarding
the legislative reapportionment plan in Pennsylvania.”
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D49158&title=%E2%80%9CJudge%20rules%20against%20complaint%20about%20Pen
nsylvania%20redistricting%20plan%E2%80%9D&description=> Share
Posted in redistricting <http://electionlawblog.org/?cat=6> | Comments Off
“Institutions Worthy of Our Parties: Should the U.S. Switch to a
Parliamentary System?” <http://electionlawblog.org/?p=49155>
Posted on <http://electionlawblog.org/?p=49155> April 9, 2013 7:49 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Seth Masket
<http://www.psmag.com/politics/united-states-united-kingdom-politics-parliam
ent-54769/> :
Rick Hasen has a really interesting paper
<http://electionlawblog.org/?p=48977> up discussing partisan polarization
and the possibility of changing the Constitution to deal with it. (And you
should really read Jonathan Bernstein’s response
<http://www.salon.com/2013/04/06/the_republican_party_is_officially_broken/>
, too.) Hasen starts off by asking whether we should be considering moving
toward a more parliamentary style of government.
It’s a fair question. We have what looks like a serious mismatch between
our parties and our governing institutions. We live in an era of sharply
distinct, internally disciplined, programmatic parties with very different
visions of how the nation should be run. That’s fine-we have some
time-honored institutions, such as elections and majority-rule legislatures,
for settling disagreements, even when the disagreements are sharp.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D49155&title=%E2%80%9CInstitutions%20Worthy%20of%20Our%20Parties%3A%20S
hould%20the%20U.S.%20Switch%20to%20a%20Parliamentary%20System%3F%E2%80%9D&de
scription=> Share
Posted in legislation and legislatures <http://electionlawblog.org/?cat=27>
, political parties <http://electionlawblog.org/?cat=25> , political
polarization <http://electionlawblog.org/?cat=68> | Comments Off
“Bloomberg, Holding Nose, Opened Wallet”
<http://electionlawblog.org/?p=49152>
Posted on <http://electionlawblog.org/?p=49152> April 9, 2013 7:46 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Is the NYC mayor
<http://www.nytimes.com/2013/04/09/nyregion/bloomberg-holding-nose-opened-wa
llet.html?smid=tw-share> part of the problem with the City’s corruption?
NYT on the odd party politics rules and $.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D49152&title=%E2%80%9CBloomberg%2C%20Holding%20Nose%2C%20Opened%20Walle
t%E2%80%9D&description=> Share
Posted in ballot access <http://electionlawblog.org/?cat=46> , campaign
finance <http://electionlawblog.org/?cat=10> | Comments Off
“Organizing for Action loses bid to control website domain”
<http://electionlawblog.org/?p=49149>
Posted on <http://electionlawblog.org/?p=49149> April 9, 2013 7:42 am by
Rick Hasen <http://electionlawblog.org/?author=3>
LA Times
<http://www.latimes.com/news/politics/la-organizing-for-action-loses-website
-bid-20130408,0,6909952.story> :
Organizing for Action, President Obama
<http://www.latimes.com/topic/politics/government/barack-obama-PEPLT007408.t
opic> ’s nonprofit advocacy organization, has sought to be nimble as it
ramps up a national effort to back his agenda on gun control measures and
immigration reform.
But it appears the group didn’t move swiftly enough to protect its presence
online.
An arbitrator has denied the organization’s effort to obtain the domain
name organizingforaction.net, registered by a quick-moving computer
technician in Castle Rock, Colo., on Jan. 18, when the news broke that
Obama’s former advisors were launching the group.
Derek Bovard proceeded to configure the site so all the hits were directed
to the website for the National Rifle Assn.
<http://www.latimes.com/topic/crime-law-justice/justice-rights/civil-rights/
national-rifle-association-of-america-ORCIG000080.topic> It was one of
three domain names for Organizing for Action that the group failed to
register before it launched.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D49149&title=%E2%80%9COrganizing%20for%20Action%20loses%20bid%20to%20co
ntrol%20website%20domain%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> , campaigns
<http://electionlawblog.org/?cat=59> | Comments Off
“Shareholders ask firms: What are your politics?” <http://electionlawblog.
org/?p=49146>
Posted on <http://electionlawblog.org/?p=49146> April 9, 2013 7:36 am by
Rick Hasen <http://electionlawblog.org/?author=3>
The CS Monitor reports.
<http://www.csmonitor.com/Business/new-economy/2013/0408/Shareholders-ask-fi
rms-What-are-your-politics>
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D49146&title=%E2%80%9CShareholders%20ask%20firms%3A%20What%20are%20your
%20politics%3F%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
“Super PAC sues N.J. over contribution limits”
<http://electionlawblog.org/?p=49144>
Posted on <http://electionlawblog.org/?p=49144> April 9, 2013 7:35 am by
Rick Hasen <http://electionlawblog.org/?author=3>
NJ.com
<http://www.nj.com/politics/index.ssf/2013/04/post_27.html#incart_m-rpt-1> :
“A Washington DC ‘super PAC’ has sued New Jersey’s campaign finance
watchdog agency, saying the state can’t limit how much it can raise from an
individual donor.”
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D49144&title=%E2%80%9CSuper%20PAC%20sues%20N.J.%20over%20contribution%2
0limits%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
“Article on Citizens United and the Internal Revenue Code”
<http://electionlawblog.org/?p=49142>
Posted on <http://electionlawblog.org/?p=49142> April 9, 2013 7:34 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Nonprofit Law Prof Blog
<http://lawprofessors.typepad.com/nonprofit/2013/04/article-on-citizens-unit
ed-and-the-internal-revenue-code.html> : “hn L. Buckley
<http://www.law.georgetown.edu/faculty/buckley-john-l.cfm> , a professor in
the graduate tax program at Georgetown University Law Center, and Dallas
Woodrum, a Georgetown law student serving as executive articles editor for
The Georgetown Law Journal, have published an article in Tax Notes
<http://www.taxanalysts.com/> discussing the use of tax-exempt
organizations for political purposes following Supreme Court decisions on
campaign finance.”
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D49142&title=%E2%80%9CArticle%20on%20Citizens%20United%20and%20the%20In
ternal%20Revenue%20Code%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
“Colo. Democrats push for big election changes”
<http://electionlawblog.org/?p=49139>
Posted on <http://electionlawblog.org/?p=49139> April 8, 2013 7:32 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
Ivan Moreno
<http://www.denverpost.com/opinion/ci_22980539/colo-democrats-push-big-elect
ion-changes> , who has been all over this story, for AP: “Colorado
Democrats are planning sweeping changes to how elections are run in the
state, to the dismay of Republican leaders who say they’ve been excluded
from crafting a bill that that would allow same-day voter registration and
require mailed ballots to every eligible voter. A bill of more than 100
pages is expected to be introduced this week, likely sparking a big partisan
fight over whether the changes benefit one party over the other.”
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D49139&title=%E2%80%9CColo.%20Democrats%20push%20for%20big%20election%2
0changes%E2%80%9D&description=> Share
Posted in election administration <http://electionlawblog.org/?cat=18> , The
Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
“Dan Winslow wants FEC gay marriage shift”
<http://electionlawblog.org/?p=49136>
Posted on <http://electionlawblog.org/?p=49136> April 8, 2013 4:47 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
Politico
<http://www.politico.com/story/2013/04/dan-winslow-wants-fec-gay-marriage-sh
ift-89758.html?hp=r3> : “A Republican Massachusetts Senate candidate is
taking the fight for gay marriage to a new frontier - the Federal Election
Commission. Dan Winslow, a state representative casting himself as the
moderate choice
<http://bostonherald.com/news_opinion/local_politics/2013/04/dan_winslow_its
_mike_sullivan_and_me> in the April 30 GOP primary for John Kerry’s Senate
seat, on Friday filed a request
<http://images.politico.com/global/2013/04/08/final_aor_stamped_copy.html>
with the regulatory agency asking it to treat married gay couples’
contributions the same way it treats those from married straight couples.”
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D49136&title=%E2%80%9CDan%20Winslow%20wants%20FEC%20gay%20marriage%20sh
ift%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
“Voter Suppression 2.0 and Electoral Reform” <http://electionlawblog.org/?
p=49133>
Posted on <http://electionlawblog.org/?p=49133> April 8, 2013 3:37 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
Lawyers Committee Event
<http://signup.lawyerscommittee.org/p/salsa/web/common/public/signup?signup_
page_KEY=6631> tomorrow is full, but there will be a webcast.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D49133&title=%E2%80%9CVoter%20Suppression%202.0%20and%20Electoral%20Ref
orm%E2%80%9D&description=> Share
Posted in election administration <http://electionlawblog.org/?cat=18> , The
Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
“‘Fixing that:’ Lines at the Polling Place”
<http://electionlawblog.org/?p=49130>
Posted on <http://electionlawblog.org/?p=49130> April 8, 2013 2:52 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
Justin Levitt has posted this draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2246973> on SSRN
(forthcoming, Journal of Law and Politics). Here is the abstract:
“I want to thank every American who participated in this election, whether
you voted for the very first time or waited in line for a very long time.
[Pause.] By the way, we have to fix that.” With that ad-lib on Election
Night, 2012, President Barack Obama put excessive wait times at the polls
back onto the policy agenda. Lines stretched to ten hours in 2004, eleven
hours in 2008, and seven hours in 2012; while most voters’ experience was
relatively speedy, the system is visibly failing others.
We need not wait any longer to ensure that we need not wait any longer. This
short symposium piece adapts lessons from queuing theory, long applied to
private-sector customer service and public-sector transportation problems,
to present a brief overview of the possible means to adjust the three
primary causes of excessive bottlenecks. This short review is offered not as
an endorsement of any particular intervention, but rather as the ready
elaboration of a policy menu for reducing wait time.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D49130&title=%E2%80%9C%E2%80%98Fixing%20that%3A%E2%80%99%20Lines%20at%2
0the%20Polling%20Place%E2%80%9D&description=> Share
Posted in election administration <http://electionlawblog.org/?cat=18> , The
Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
“In Oregon, the Right to Vote Should be Automatic”
<http://electionlawblog.org/?p=49127>
Posted on <http://electionlawblog.org/?p=49127> April 8, 2013 1:56 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
<http://www.oregonlive.com/opinion/index.ssf/2013/04/in_oregon_the_right_to_
vote_sh.html#incart_river> The Oregonian editorializes.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D49127&title=%E2%80%9CIn%20Oregon%2C%20the%20Right%20to%20Vote%20Should
%20be%20Automatic%E2%80%9D&description=> Share
Posted in election administration <http://electionlawblog.org/?cat=18> ,
voting <http://electionlawblog.org/?cat=31> | Comments Off
Supreme Court Will Hear McCutcheon Campaign Finance Case the Week of October
7 <http://electionlawblog.org/?p=49125>
Posted on <http://electionlawblog.org/?p=49125> April 8, 2013 1:55 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
So reports Bloomberg BNA according to an interview with Jim Bopp.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D49125&title=Supreme%20Court%20Will%20Hear%20McCutcheon%20Campaign%20Fi
nance%20Case%20the%20Week%20of%20October%207&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
Off
“RNC Names Bopp Special Counsel” <http://electionlawblog.org/?p=49122>
Posted on <http://electionlawblog.org/?p=49122> April 8, 2013 1:50 pm by
Rick Hasen <http://electionlawblog.org/?author=3>
Press release:
RNC Names James Bopp, Jr. Special Counsel
Republican National Committee Chairman Reince Priebus today announced that
James Bopp, Jr. will serve as special counsel to the Republican National
Committee. In this volunteer role, Mr. Bopp will provide assistance to RNC
general counsel John Ryder with respect to the Rules of the Republican
Party.
“I am very pleased that Jim has agreed to continue his service to the RNC
by agreeing to assist our General Counsel, John Ryder, on important issues
related to the Rules of the Republican Party. Jim was a conservative
leader during his time on the national committee and I appreciate his
interest in staying involved going forward.”
RNC General Counsel John Ryder commented, “Jim’s knowledge of the party
rules and his conservative principles will be valuable assets as we work to
strengthen the grassroots of our party and work toward electoral success in
2016.”
“I am thrilled to have the opportunity to assist Chairman Priebus and John
Ryder over the next couple years on the important matter of party rules. I
appreciate the opportunity to serve in this role and share their commitment
to restoring the party’s strength and staying committed to our conservative
principles.”
Bopp is an attorney in Terre Haute, Indiana who served on the Republican
National Committee from 2008 - 2012. He was recently named one of the 100
Most Influential Lawyers in the United States by The National Law Journal
was named the 2009 Republican Lawyer of the Year by the Republican National
Lawyers Association. He has been on the forefront of litigating challenges
to campaign finance laws, including McCutcheon v. FEC, which is currently
before the United States Supreme Court.
James Bopp, Jr. Has a national federal and state election law practice. He
is General Counsel for the James Madison Center for Free Speech and former
co-Chairman of the election Law subcommittee for the Federalist Society.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D49122&title=%E2%80%9CRNC%20Names%20Bopp%20Special%20Counsel%E2%80%9D&d
escription=> Share
Posted in election law biz <http://electionlawblog.org/?cat=51> | Comments
Off
“Do Nonpartisan Ballots Racialize Candidates Evaluations in Low-Information
Elections?” <http://electionlawblog.org/?p=49119>
Posted on <http://electionlawblog.org/?p=49119> April 8, 2013 7:53 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Craig Burnett and Vlad Kogan have posted this draft on SSRN. Here is the
abstract:
At last count, U.S. voters were responsible for choosing more than 510,000
distinct elected officials. Few of these contests feature lively campaigns
or attract substantial media attention, forcing voters to make decisions
with limited direct knowledge of the candidates. What strategies do voters
use to do so? Using a “Who Said What?” experiment fielded during an
election in a major American city, we show that voters engage in social
categorization - and do so on the basis of race and ethnicity when
candidates differ in their demographic background. We also find, however,
that the degree to which they categorize candidates on this dimension
depends on the presence or absence of party labels. Our results suggest that
efforts to increase minority representation should look beyond electoral
institutions such as district vs. at-large elections to the structure of the
ballot itself.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D49119&title=%E2%80%9CDo%20Nonpartisan%20Ballots%20Racialize%20Candidat
es%20Evaluations%20in%20Low-Information%20Elections%3F%E2%80%9D&description=
> Share
Posted in political parties <http://electionlawblog.org/?cat=25> , voting
<http://electionlawblog.org/?cat=31> | Comments Off
“The Original Sin of Campaign Finance Law: Why Buckley v. Valeo is Wrong”
<http://electionlawblog.org/?p=49117>
Posted on <http://electionlawblog.org/?p=49117> April 8, 2013 7:50 am by
Rick Hasen <http://electionlawblog.org/?author=3>
Jessica Levinson has posted this draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2241869> on SSRN
(University of Richmond Law Review). Here is the abstract:
The United States Supreme Court simply got it wrong when it concluded that
spending money is essentially the equivalent of speaking and therefore
entitled to the same high level of First Amendment protection. By doing so,
the Court erroneously rejected other analytical frameworks it has used for
other content-neutral restrictions and decided to instead apply a much
higher level of scrutiny. While money may - like a bullhorn - enable,
facilitate, or help to disseminate speech, it is simply not speech itself.
The Court has thus employed - strict or - close scrutiny to restrictions on
campaign expenditures and contributions, respectively, in an effort to
promote First Amendment rights, the Court’s approach has ironically often
hindered rather than bolstered the First Amendment interest that it seeks to
protect.
When analyzing the constitutionality of campaign finance restrictions, the
Court has consistently adopted an instrumentalist view of the First
Amendment focused on the listener, rather than an individual rights view
focused on the speaker. Under the instrumental view of the First Amendment,
the importance of protecting speech lies with fostering an open and robust
market-place of ideas and democratic self-government.
While the Court has adhered reliably to an instrumental, listener-based
philosophy of speech, it has been less than consistent about how best to
promote these First Amendment values. On some occasions, the Court has
viewed campaign finance restrictions as harming listeners’ interests. In
these cases, liberty or personal autonomy may be the Court’s goal. At other
times, the Court has seen such restrictions as promoting listeners’ rights.
In these cases, the Court views equality as its primary goal. In both
instances, members of the Court believe they are promoting First Amendment
rights under an instrumental perspective; they just disagree about which
ideals to prize and diverge in deciding whether to uphold or strike down
particular campaign finance restrictions.
Campaign finance restrictions actually promote First Amendment values. With
restrictions on spending (spending that enables speech, but is not speech
itself), listeners in effect will hear from a greater depth and breadth of
sources, rather than merely from a relatively small group of moneyed
interests that has the ability to drown out non-spending or low-spending
speakers.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D49117&title=%E2%80%9CThe%20Original%20Sin%20of%20Campaign%20Finance%20
Law%3A%20Why%20Buckley%20v.%20Valeo%20is%20Wrong%E2%80%9D&description=>
Share
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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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