[EL] KY Legislative Ethics proposal to require reporting of grassroots lobbying

Fri Aug 23 12:48:51 PDT 2013

A KY political newspaper reports that the Legislative Ethics Commission (which regulates lobbyists, gift rules, etc.) has made recommendations to adopt new legislation.  Much of it is unsurprising, but it also includes the following language:

"Recommendation: Require reporting of the Cost of advertising which appears during a session of the General Assembly, and which supports or opposes legislation, if the cost is paid by a lobbyist's employer or a person affiliated with an employer."

This seems of very dubious constitutionality (see, e.g., Citizens Against Rent Control v Berkeley, WRTL, Citizens United, etc.).  If the state cannot prohibit independent, express candidate advocacy, it is hard to justify significant regulation of pure grassroots advocacy.  I would like to read other thoughts, though, on the extent to which the reporting requirement might survive challenge as a justifiable speech restriction.  Does the fact that is applies only to employers of lobbyists alter the corruption rationale analysis?  Is mere reporting an insignificant burden?  Is anyone aware of similar legislation elsewhere, or a challenge to such?

Thanks.

D. Eric Lycan
Steptoe & Johnson PLLC
2525 Harrodsburg Road, Suite 300
Lexington, KY 40504
O: 859-219-8213 F: 304-933-8715 C: 859-621-8888
Eric.Lycan at Steptoe-Johnson.com
www.steptoe-johnson.com<http://www.steptoe-johnson.com/>
Twitter: @KYcampaignlaw

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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, August 23, 2013 1:04 AM
To: law-election at UCI.edu
Subject: [EL] ELB News and Commentary 8/23/13

Law and Political Process Study Group Panel at APSA on Shelby County<http://electionlawblog.org/?p=54746>
Posted on August 22, 2013 8:03 pm<http://electionlawblog.org/?p=54746> by Rick Hasen<http://electionlawblog.org/?author=3>

I hope to see many of you in Chicago:

Law and Political Process Study Group
Panel 1   The Future of the Voting Rights Act After the Shelby County Case

Date:

Thursday, Aug 29, 2013, 2:00 PM-3:45 PM

 [ ]

Location:

Hilton 4A, 4th Floor
Subject to change. Check the Final Program at the conference.

Chair(s):

Bruce E. Cain
Stanford University

Author(s):

Regional Differences in Racial Polarization in the 2012 Presidential Election: Implications for the Constitutionality of Section 5 of the Voting Rights Act

Charles Stewart

Massachusetts Institute of Technology

  Stephen D. Ansolabehere

  Harvard University

Racially Polarized Voting, Dilution, and Preclearance: Post-Shelby County

Richard L. Engstrom

Duke University

Shelby County and the Illusion of Minimalism

Richard L. Hasen

University of California-Irvine

The Constitutional Structure of Voting Rights Enforcement

Franita Tolson

Florida State University

Discussant(s):

Luis Ricardo Fraga
University of Washington,
Guy-Uriel Charles
Duke University School of Law

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Posted in Voting Rights Act<http://electionlawblog.org/?cat=15> | Comments Off
"U.S. Is Suing in Texas Cases Over Voting by Minorities"<http://electionlawblog.org/?p=54743>
Posted on August 22, 2013 5:50 pm<http://electionlawblog.org/?p=54743> by Rick Hasen<http://electionlawblog.org/?author=3>

Charlie Savage reports <http://www.nytimes.com/2013/08/23/us/politics/justice-dept-moves-to-protect-minority-voters-in-texas.html?hp> for the NYT.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54743&title=%E2%80%9CU.S.%20Is%20Suing%20in%20Texas%20Cases%20Over%20Voting%20by%20Minorities%E2%80%9D&description=>
Posted in Department of Justice<http://electionlawblog.org/?cat=26>, election administration<http://electionlawblog.org/?cat=18>, redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>, 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
"Prosecutors charge 2 campaign aides for Miami mayoral candidate Francis Suarez in absentee-ballot probe"<http://electionlawblog.org/?p=54740>
Posted on August 22, 2013 5:48 pm<http://electionlawblog.org/?p=54740> by Rick Hasen<http://electionlawblog.org/?author=3>

Miami Herald<http://www.miamiherald.com/2013/08/22/3580232/prosecutors-charge-2-campaign.html>: "Miami-Dade prosecutors on Thursday charged two political operatives for Miami mayoral candidate Francis Suarez - including his campaign manager - with unlawfully submitting absentee-ballot requests online on behalf of voters....Francis Suarez, a sitting city commissioner and lawyer, was cleared of any wrongdoing during the investigation, according to the Miami-Dade state attorney's office. His only involvement was advising his campaign to seek legal advice to make sure any online requests did not run afoul of the law."
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Posted in absentee ballots<http://electionlawblog.org/?cat=53>, campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12> | Comments Off
"Justice Department Sues Texas Over Voter ID Law"<http://electionlawblog.org/?p=54737>
Posted on August 22, 2013 5:45 pm<http://electionlawblog.org/?p=54737> by Rick Hasen<http://electionlawblog.org/?author=3>

WaPo reports<http://www.washingtonpost.com/politics/justice-department-sues-texas-over-voter-id-law/2013/08/22/ac654a68-0b4b-11e3-9941-6711ed662e71_story.html>.
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Posted in Department of Justice<http://electionlawblog.org/?cat=26>, 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
More Analysis of DOJ Filings Against Texas<http://electionlawblog.org/?p=54734>
Posted on August 22, 2013 4:29 pm<http://electionlawblog.org/?p=54734> by Rick Hasen<http://electionlawblog.org/?author=3>

Zack Roth<http://tv.msnbc.com/2013/08/22/justice-department-sues-to-block-texas-voter-id-law/>

Lyle Denniston<http://www.scotusblog.com/2013/08/u-s-sues-texas-over-voter-id/>
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Posted in Department of Justice<http://electionlawblog.org/?cat=26>, The Voting Wars<http://electionlawblog.org/?cat=60>, Voting Rights Act<http://electionlawblog.org/?cat=15> | Comments Off
"Campaign Finance and the Cost of Doing Business"<http://electionlawblog.org/?p=54732>
Posted on August 22, 2013 4:26 pm<http://electionlawblog.org/?p=54732> by Rick Hasen<http://electionlawblog.org/?author=3>

Steve Klein <http://wyliberty.org/feature/campaign-finance-and-the-cost-of-doing-business/> on the McCain campaign conciliation agreement.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54732&title=%E2%80%9CCampaign%20Finance%20and%20the%20Cost%20of%20Doing%20Business%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
And We're Back to the "Messes with Texas" Headlines<http://electionlawblog.org/?p=54730>
Posted on August 22, 2013 4:18 pm<http://electionlawblog.org/?p=54730> by Rick Hasen<http://electionlawblog.org/?author=3>

The Week<http://theweek.com/article/index/248642/the-justice-department-messes-with-texas-over-its-voter-id-law> on today's DOJ move.
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Posted in Department of Justice<http://electionlawblog.org/?cat=26>, 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
"Eric Holder Sues Texas Over Voter ID. Here's Why It's a Long Shot."<http://electionlawblog.org/?p=54727>
Posted on August 22, 2013 4:16 pm<http://electionlawblog.org/?p=54727> by Rick Hasen<http://electionlawblog.org/?author=3>

TNR reports<http://www.newrepublic.com/article/114436/eric-holder-sues-texas-over-voter-id-law-why-he-might-lose>.
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Posted in Department of Justice<http://electionlawblog.org/?cat=26>, Voting Rights Act<http://electionlawblog.org/?cat=15> | 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://www.law.uci.edu/faculty/full-time/hasen/

http://electionlawblog.org

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