[EL] Grassroots Lobbyign Disclosure
Rick Hasen
rhasen at law.uci.edu
Mon Aug 26 07:17:05 PDT 2013
Steve,
I'd like to see more on the substance and less on the hyperbole. Saying
"Wrong" is not very edifying.
In fact, Lloyd's point is correct as a matter of doctrine. The Supreme
Court has repeatedly recognized the information interest as sufficient
to support disclosure of political activities, from Harriss to Citizens
United to Doe v. Reed. You may disagree with what the Court has said, or
the extension to so-called grassroots lobbying, but explanation rather
than dismissive tone would be more welcome.
Rick
On 8/26/2013 6:22 AM, Steve Hoersting wrote:
>
> Wrong.
>
> Find and check out a video seminar called A Skeptical Look at
> Grassroots Lobbying Disclosure on the Cato Institute website.
>
> Suffer through the whole thing and you will be much further along.
>
> Best,
> Steve Hoersting
>
> On Aug 26, 2013 9:17 AM, "Lloyd Mayer" <lmayer at nd.edu
> <mailto:lmayer at nd.edu>> wrote:
>
> Having recently delved into grassroots lobbying disclosure, I
> should note that another rationale asserted in its favor is
> providing information to the targeted members of the public.
> Providing information is of course one of government interests
> stated by the Court in /Buckley/ for permitting required
> disclosure even in the face of constitutional objections, and is
> the primary (only?) rationale relied upon in the portion of the
> /Citizens United/ decision relating to disclosure. Of course in
> those contexts the interest was providing information to voters,
> but it is not a great stretch to expand that interest to include
> providing information to the public that is sought to be
> influenced in the grassroots lobbying context.
>
> Lloyd Hitoshi Mayer
>
> Professor of Law & Associate Dean
>
> Notre Dame Law School
>
> P.O. Box 780
>
> Notre Dame, IN 46556-0780
>
> campus address: 1106 Eck Hall of Law
>
> (574) 631-8057 <tel:%28574%29%20631-8057>/cell: (574) 598-0740
> <tel:%28574%29%20598-0740>/fax: (574) 631-4197
> <tel:%28574%29%20631-4197>
>
> Web Bio: http://law.nd.edu/directory/lloyd-mayer/
>
> SSRN Author Page:
> http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=504775
>
> *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:law-election-bounces at department-lists.uci.edu>] *On Behalf
> Of *Eric Lycan
> *Sent:* Monday, August 26, 2013 8:46 AM
> *To:* Smith, Brad; law-election at uci.edu <mailto:law-election at uci.edu>
> *Subject:* Re: [EL] KY Legislative Ethics proposal to require
> reporting of grassroots lo...
>
> *Thanks to everyone from both points of view for the informative
> responses. *
>
> **
>
> *I am aware of the case law (though Harris was a new one to me) as
> to disclosure of electoral spending, and also that many states
> have grassroots lobbying disclosure. What is not clear to me is
> how the anti-corruption rationale applies to allow regulation of
> non-electoral, indirect speech on current legislative issues (as
> opposed to ballot issues addressed in Belotti). If independent
> expenditures are not sufficiently corrupting to justify a ban on
> IEs, can independent non-electoral, non-candidate/officeholder
> speech be regulated - even to the extent of requiring disclosure -
> when there can be no corrupting influence (recognizing that not
> everyone agrees with that premise)? It seems to me that removing
> the electoral element from the equation takes the anti-corruption
> rationale off the field.*
>
> **
>
> *The regulation of direct lobbying might be the justification for
> regulation of speech by the lobbyist's employer; however, if the
> ability to make contributions does not affect the ability of a
> (non-corporate) contributor to make unlimited IEs in the post-CU
> world, perhaps the added element of lobbyist involvement does not
> justify the regulation of such purely issue-related speech.*
>
> **
>
> *If anyone is aware of challenges to state grassroots lobbying
> laws, I would be very interested in the courts' analyses. And of
> course your thoughts, which are compelling reading. Thanks.*
>
> **
>
> **
>
> */D. Eric Lycan/*
> Steptoe & Johnson PLLC
> 2525 Harrodsburg Road, Suite 300
>
> Lexington, KY 40504
> O: 859-219-8213 <tel:859-219-8213> F: 304-933-8715
> <tel:304-933-8715> C: 859-621-8888 <tel:859-621-8888>
> /_Eric.Lycan at Steptoe-Johnson.com
> <mailto:Eric.Lycan at Steptoe-Johnson.com>_/
> www.steptoe-johnson.com <http://www.steptoe-johnson.com/>
>
> Twitter:/@KYcampaignlaw/
>
> cid:image001.png at 01CE1F1F.E190E620
>
> **
>
> *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:law-election-bounces at department-lists.uci.edu>] *On Behalf
> Of *Smith, Brad
> *Sent:* Sunday, August 25, 2013 9:02 AM
> *To:* law-election at uci.edu <mailto:law-election at uci.edu>
> *Subject:* Re: [EL] KY Legislative Ethics proposal to require
> reporting of grassroots lo...
>
> For reasons Jim and Allen have addressed, and a couple others as
> well, I think it is dishonest to say that the Court has
> "approved," "upheld," or "sanctioned" the type of disclosure that
> the reform community and CLC now seek to impose broadly on 501c4
> groups. There is certainly language in Citizens United (especially
> when coupled with McConnell and Doe v. Reed) to make one project
> that the Court would uphold such regulation if presented squarely
> with the issue today. But for now the controlling precedent, in
> which the Court has squarely faced that issue, remains Buckley
> (and also MCFL), which does not sanction that type of disclosure
> and was not altered by Citizens United.
>
> The particular Kentucky rule may have different implications
> because the Court has seemed willing to tolerate more regulation
> of the behavior of registered lobbyists. However, one could also
> consider it a weaker case for such regulation, since the language
> the reform community seeks to rely on in Citizens United and
> McConnell did concern candidates running for office, not any
> advertising discussing issues.
>
> /Bradley A. Smith/
>
> /Josiah H. Blackmore II/Shirley M. Nault/
>
> /Professor of Law/
>
> /Capital University Law School/
>
> /303 E. Broad St./
>
> /Columbus, OH 43215/
>
> /614.236.6317 <tel:614.236.6317>/
>
> /http://law.capital.edu/faculty/bios/bsmith.aspx/
>
> ------------------------------------------------------------------------
>
> *From:*law-election-bounces at department-lists.uci.edu
> <mailto:law-election-bounces at department-lists.uci.edu>
> [law-election-bounces at department-lists.uci.edu
> <mailto:law-election-bounces at department-lists.uci.edu>] on behalf
> of JBoppjr at aol.com <mailto:JBoppjr at aol.com> [JBoppjr at aol.com
> <mailto:JBoppjr at aol.com>]
> *Sent:* Sunday, August 25, 2013 8:37 AM
> *To:* PRyan at campaignlegalcenter.org
> <mailto:PRyan at campaignlegalcenter.org>;
> Eric.Lycan at Steptoe-Johnson.com; rhasen at law.uci.edu
> <mailto:rhasen at law.uci.edu>; law-election at uci.edu
> <mailto:law-election at uci.edu>
> *Subject:* Re: [EL] KY Legislative Ethics proposal to require
> reporting of grassroots lo...
>
> Regarding:
>
> I'm struggling to understand how you can read this passage from
> /Citizens United/: "For these reasons, we reject Citizens United's
> contention that the disclosure requirements must be limited to
> speech that is the functional equivalent of express advocacy"; and
> then write: "/McConnell/ and /Citizens United/ upheld
> electioneering communications reporting after being convinced by
> studies that ECs were the functional equivalent of express advocacy."
>
> Let me try to help you with your struggle.
>
> /McConnell/upheld the EC provision because studies convinced the
> majority that ECs were the functional equivalent of express
> advocacy and did not apply to genuine issue advocacy. /WRTL/ then
> narrowed the definition of functional equivalent to apply only
> when there is no reasonable interpretation of the message of the
> communication other than it appeals for a vote for or against a
> candidate -- "the appeal to vote test."
>
> /CU/argued that the disclosure provision should also be limited by
> the "appeal to vote test" -- the /WRTL/ definition of functional
> equivalent. This is what the Court rejected -- leaving disclosure
> to encompass all ECs upheld by /McConnell/-- which the Court said
> was the functional equivalent of express advocacy and did not
> encompass genuine issue advocacy.
>
> It is true that Kennedy used the phrase "functional equivalent of
> express advocacy" without referencing whether it was WRTL's or
> McConnell's -- leading some to be confused about this. However,
> the parties were arguing that it should be limited to WRTL's
> "appeal to vote test" -- WRTL's new definition of functional
> equivalent.
>
> So we are now back to McConnell's definition of ECs, which does
> not apply -- said the McConnell Court -- to genuine issue advocacy.
>
> Some times you need to look at what the parties are arguing to
> understand what the Court rejected.
>
> Jim Bopp
>
> In a message dated 8/24/2013 12:29:15 P.M. Eastern Daylight Time,
> PRyan at campaignlegalcenter.org
> <mailto:PRyan at campaignlegalcenter.org> writes:
>
> Jim,
>
> I'm struggling to understand how you can read this passage
> from /Citizens United/: "For these reasons, we reject Citizens
> United's contention that the disclosure requirements must be
> limited to speech that is the functional equivalent of express
> advocacy"; and then write: "/McConnell/ and /Citizens United/
> upheld electioneering communications reporting after being
> convinced by studies that ECs were the functional equivalent
> of express advocacy."
>
> The 8 members of the Court upholding the challenged disclosure
> requirements in /Citizens United/ gave no indication they had
> been "convinced" that the ads were "the functional equivalent
> of express advocacy." On the contrary, the Court held that it
> made no difference whether the ads were the "functional
> equivalent of express advocacy" and explicitly rejected the
> "contention that the disclosure requirements must be limited
> to speech that is the functional equivalent of express advocacy."
>
> And in doing so, the /Citizens United /Court explicitly
> distinguished spending restrictions, citing its decision in
> /WRTL/, from the disclosure requirements at issue in /Citizens
> United/. The Court wrote: "As a final point, Citizens United
> claims that, in any event, the disclosure requirements in §
> 201 must be confined to speech that is the functional
> equivalent of express advocacy. The principal opinion in
> /WRTL/ limited 2 U.S.C. § 441b's restrictions on independent
> expenditures to express advocacy and its functional
> equivalent. Citizens United seeks to import a similar
> distinction into BCRA's disclosure requirements. We reject
> this contention." 558 U.S. at 368-69 (citation to /WRTL/
> omitted).
>
> And you, Jim, rejected the notion that the ads at issue in
> /Citizens United /were the "functional equivalent of express
> advocacy," repeatedly characterizing the ads as "issue
> advocacy" in the complaint you filed in the case. Your
> amended complaint filed on 12/21/2007 refers to
> "issue-advocacy ad" in para. 18, refers to the ads as
> "protected issue advocacy" in para. 18, argues that the ads
> are subject to disclosure only because the FEC refused to
> include "the Supreme Court's issue-advocacy safe harbor"
> established in /WRTL/ in para. 22, and again refers again to
> the ads as "issue advocacy" in para. 27.
>
> Give yourself some credit, Jim! It seems you and your
> co-counsel throughout the /Citizens United/ litigation
> convinced the Court that the ads were NOT the functional
> equivalent of express advocacy. Yet the Court upheld the
> disclosure requirements applicable to the ads anyway.
>
> And there's also the Supreme Court's decision in /Harriss/,
> where the Court held with respect to lobbying-related
> disclosure (/i.e./, what you would likely call "genuine issue
> advocacy"): "Under these circumstances, we believe that
> Congress, at least within the bounds of the Act as we have
> construed it, is not constitutionally forbidden to require the
> disclosure of lobbying activities." /United States v.
> Harriss,/ 347 U.S. 612, 625 (1954).
>
> And there's the Court's decision in /Bellotti/, where, with
> respect to corporate spending regarding a ballot referendum
> (/i.e./, what you would likely call "genuine issue advocacy"),
> the Court wrote: "Identification of the source of advertising
> may be required as a means of disclosure, so that the people
> will be able to evaluate the arguments to which they are being
> subjected. In addition, we emphasized in Buckley the
> prophylactic effect of requiring that the source of
> communication be disclosed. 435 U.S. 765, 792 (internal
> citations omitted) (citing /Buckley/, 424 U.S. at
> 66-67;/Harriss/, 347 U.S. at 625-626).
>
> In short, what I wrote yesterday ("The Court has struck down
> limits on contributions and expenditures, while upholding
> disclosure requirements applicable to issue advocacy.") is
> indeed true. Best,
>
> Paul Seamus Ryan
>
> Senior Counsel
>
> The Campaign Legal Center
>
> 215 E Street NE
>
> Washington, DC 20002
>
> Ph. (202) 736-2200 ext. 214
> <tel:%28202%29%20736-2200%20ext.%20214>
>
> Mobile Ph. (202) 262-7315 <tel:%28202%29%20262-7315>
>
> Fax (202) 736-2222 <tel:%28202%29%20736-2222>
>
> Website: http://www.campaignlegalcenter.org/
>
> Blog: http://www.clcblog.org/
>
> To sign up for the CLC Blog, visit:
> http://www.campaignlegalcenter.org/index.php?option=com_forme&fid=1&Itemid=63
>
> Follow us on Twitter @CampaignLegal
>
> Become a fan on Facebook
>
> *From:*JBoppjr at aol.com <mailto:JBoppjr at aol.com>
> [mailto:JBoppjr at aol.com <mailto:JBoppjr at aol.com>]
> *Sent:* Saturday, August 24, 2013 8:57 AM
> *To:* Paul Ryan; Eric.Lycan at Steptoe-Johnson.com;
> rhasen at law.uci.edu <mailto:rhasen at law.uci.edu>;
> law-election at uci.edu <mailto:law-election at uci.edu>
> *Subject:* Re: [EL] KY Legislative Ethics proposal to require
> reporting of grassroots lo...
>
> This is not true:
>
> The Court has struck down limits on contributions and
> expenditures, while upholding disclosure requirements
> applicable to issue advocacy
>
> /Buckley/upheld independent expenditure reports after limiting
> them to express advocacy communications thus /protecting/
> issue advocacy. /McConnell/ and /Citizens United/ upheld
> electioneering communications reporting after being convinced
> by studies that ECs were the functional equivalent of express
> advocacy -- /not/ genuine issue advocacy.
>
> So there is actually no Supreme Court precedent approving the
> reporting of issue advocacy or grass root lobbying at all,
> only cases limiting campaign finance reporting to express
> advocacy or its functional equivalent. Jim Bopp
>
> In a message dated 8/23/2013 4:41:01 P.M. Eastern Daylight
> Time, PRyan at campaignlegalcenter.org
> <mailto:PRyan at campaignlegalcenter.org> writes:
>
> Mr. Lycan,
>
> I'm not writing to express an opinion regarding the KY
> Legislative Ethics Commission recommendation you wrote
> about---I haven't given it any thought. And I'm not
> familiar with similar legislation elsewhere. I'm only
> writing to explain that the Supreme Court for decades has
> applied different scrutiny to, and has recognized
> different governmental interests supporting,
> reporting/disclosure requirements vis-à-vis direct limits
> on political contributions and spending. The Court has
> struck down limits on contributions and expenditures,
> while upholding disclosure requirements applicable to
> issue advocacy.
>
> In /Citizens Against Rent Control/, a case you cite, the
> Court struck down a limit on contributions to ballot
> measure committees and, in doing so, noted approvingly the
> reporting/disclosure requirements applicable to the
> plaintiff ballot measure committee's issue advocacy. The
> Court wrote:
>
> "Notwithstanding /Buckley/ and /Bellotti/, the city of
> Berkeley argues that § 602 is necessary as a prophylactic
> measure to make known the identity of supporters and
> opponents of ballot measures. It is true that when
> individuals or corporations speak through committees, they
> often adopt seductive names that may tend to conceal the
> true identity of the source. *_Here, there is no risk that
> the Berkeley voters will be in doubt as to the identity of
> those whose money supports or opposes a given ballot
> measure since contributors must make their identities
> known under § 112 of the ordinance, which requires
> publication of lists of contributors in advance of the
> voting._* See n. 4, /supra./" 454 U.S. at 498 (emphasis
> added).
>
> Similarly, in the other cases you cite---/WRTL/ and
> /Citizens United/---the Court invalidated spending limits
> . . . NOT disclosure requirements. And in /Citizens
> United/, the Court explicitly upheld a challenged
> disclosure requirement. In doing so, the /Citizens
> United/ Court explicitly rejected the argument that
> disclosure must be limited to express candidate advocacy
> and cited its decision in /U.S. v. Harriss/ upholding
> grassroots lobbying disclosure requirements. The Court wrote:
>
> "The Court has explained that disclosure is a less
> restrictive alternative to more comprehensive regulations
> of speech. See, /e.g.,/ /MCFL,/
> <http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=708&FindType=Y&SerialNum=1986161155>479
> U.S., at 262, 107 S.Ct. 616.
> <http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=708&FindType=Y&SerialNum=1986161155>
> In /Buckley,/ the Court upheld a disclosure requirement
> for independent expenditures even though it invalidated a
> provision that imposed a ceiling on those expenditures.
> 424 U.S., at 75--76, 96 S.Ct. 612.
> <http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=708&FindType=Y&SerialNum=1976142308>
> In /McConnell,/ three Justices who would have found § 441b
> <http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=1000546&DocName=2USCAS441B&FindType=L>
> to be unconstitutional nonetheless voted to uphold BCRA's
> disclosure and disclaimer requirements. 540 U.S., at 321,
> 124 S.Ct. 619
> <http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=708&FindType=Y&SerialNum=2003909967>
> (opinion of KENNEDY, J., joined by Rehnquist, C.J., and
> SCALIA, J.). And the Court has upheld registration and
> disclosure requirements on lobbyists, even though Congress
> has no power to ban lobbying itself. /United States v.
> Harriss,/
> <http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=708&FindType=Y&SerialNum=1954120885>347
> U.S. 612, 625, 74 S.Ct. 808, 98 L.Ed. 989 (1954)
> <http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=708&FindType=Y&SerialNum=1954120885>
> (Congress "has merely provided for a modicum of
> information from those who for hire attempt to influence
> legislation or who collect or spend funds for that
> purpose"). For these reasons, we reject Citizens United's
> contention that the disclosure requirements must be
> limited to speech that is the functional equivalent of
> express advocacy." 558 U.S. at 369.
>
> Regardless of what one thinks of the KY Legislative Ethics
> Commission recommended reporting/disclosure requirement, a
> court would/should apply a different constitutional
> analysis than the analyses employed in the contribution
> and spending limit cases you cite. Best,
>
> Paul Seamus Ryan
>
> Senior Counsel
>
> The Campaign Legal Center
>
> 215 E Street NE
>
> Washington, DC 20002
>
> Ph. (202) 736-2200 ext. 214
> <tel:%28202%29%20736-2200%20ext.%20214>
>
> Mobile Ph. (202) 262-7315 <tel:%28202%29%20262-7315>
>
> Fax (202) 736-2222
>
> Website: http://www.campaignlegalcenter.org/
>
> Blog: http://www.clcblog.org/
>
> To sign up for the CLC Blog, visit:
> http://www.campaignlegalcenter.org/index.php?option=com_forme&fid=1&Itemid=63
>
> Follow us on Twitter @CampaignLegal <http://bit.ly/j8Q1bg>
>
> Become a fan on Facebook <http://on.fb.me/jroDv2>
>
> *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] *On
> Behalf Of *Eric Lycan
> *Sent:* Friday, August 23, 2013 3:49 PM
> *To:* Rick Hasen; law-election at UCI.edu
> <mailto:law-election at UCI.edu>
> *Subject:* [EL] KY Legislative Ethics proposal to require
> reporting of grassroots lobbying
>
> *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
> <mailto:Eric.Lycan at Steptoe-Johnson.com>_/
> www.steptoe-johnson.com <http://www.steptoe-johnson.com/>
>
> Twitter:/@KYcampaignlaw/
>
> cid:image001.png at 01CE1F1F.E190E620
>
> **
>
> *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] *On
> Behalf Of *Rick Hasen
> *Sent:* Friday, August 23, 2013 1:04 AM
> *To:* law-election at UCI.edu <mailto: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 onAugust 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
>
> http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54746&title=Law
> and Political Process Study Group Panel at APSA on Shelby
> County&description=
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54746&title=Law%20and%20Political%20Process%20Study%20Group%20Panel%20at%20APSA%20on%20Shelby%20County&description=>
>
> Posted inVoting 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 onAugust 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./
>
> http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54743&title=âEURoeU.S.
> Is Suing in Texas Cases Over Voting by MinoritiesâEUR
> &description=
> <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 inDepartment 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 onAugust 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."
>
> http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54740&title=âEURoeProsecutors
> charge 2 campaign aides for Miami mayoral candidate
> Francis Suarez in absentee-ballot probeâEUR &description=
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54740&title=%E2%80%9CProsecutors%20charge%202%20campaign%20aides%20for%20Miami%20mayoral%20candidate%20Francis%20Suarez%20in%20absentee-ballot%20probe%E2%80%9D&description=>
>
> Posted inabsentee 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 onAugust 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>.
>
> http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54737&title=âEURoeJustice
> Department Sues Texas Over Voter ID LawâEUR &description=
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54737&title=%E2%80%9CJustice%20Department%20Sues%20Texas%20Over%20Voter%20ID%20Law%E2%80%9D&description=>
>
> Posted inDepartment 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 onAugust 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/>
>
> http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54734&title=More
> Analysis of DOJ Filings Against Texas&description=
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54734&title=More%20Analysis%20of%20DOJ%20Filings%20Against%20Texas&description=>
>
> Posted inDepartment 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 onAugust 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.
>
> http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54732&title=âEURoeCampaign
> Finance and the Cost of Doing BusinessâEUR &description=
> <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 incampaign finance
> <http://electionlawblog.org/?cat=10> |Comments Off
>
>
> And We're Back to the "Messes with Texas" Headlines
> <http://electionlawblog.org/?p=54730>
>
> Posted onAugust 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.
>
> http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54730&title=And
> WeâEUR^(TM)re Back to the âEURoeMesses with TexasâEUR
> Headlines&description=
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54730&title=And%20We%E2%80%99re%20Back%20to%20the%20%E2%80%9CMesses%20with%20Texas%E2%80%9D%20Headlines&description=>
>
> Posted inDepartment 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 onAugust 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>.
>
> http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54727&title=âEURoeEric
> Holder Sues Texas Over Voter ID. HereâEUR^(TM)s Why
> ItâEUR^(TM)s a Long Shot.âEUR &description=
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D54727&title=%E2%80%9CEric%20Holder%20Sues%20Texas%20Over%20Voter%20ID.%20Here%E2%80%99s%20Why%20It%E2%80%99s%20a%20Long%20Shot.%E2%80%9D&description=>
>
> Posted inDepartment 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 <http://electionlawblog.org/>
>
> ------------------------------------------------------------------------
>
>
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> This e-mail and any attachments are confidential and may be
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--
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
hhttp://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org
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