[EL] Grassroots Lobbyign Disclosure

JBoppjr at aol.com JBoppjr at aol.com
Mon Aug 26 09:03:28 PDT 2013


Regarding:
 
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
 
Sorry Rick, but not true.  Doe v Reed recognized only the  state's interest 
in preventing and discovering fraud, not a voter information  interest.  
Jim Bopp
 
 
In a message dated 8/26/2013 10:17:30 A.M. Eastern Daylight Time,  
rhasen at law.uci.edu writes:



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:(574)%20631-8057) /cell:   _(574)  598-0740_ 
(tel:(574)%20598-0740) /fax: _(574) 631-4197_ (tel:(574)%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 

 
 
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_ (mailto: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:(202)%20736-2200%20ext.%20214)  
Mobile  Ph. _(202)  262-7315_ (tel:(202)%20262-7315)  
Fax  _(202)  736-2222_ (tel:(202)%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_ 
(mailto: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=19
86161155) _ 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=2003909
967)  (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:(202)%20736-2200%20ext.%20214)  
Mobile  Ph. _(202)  262-7315_ (tel:(202)%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 

 
 
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 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 
 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54746&title=Law%20and%20Political%20Process%20Study%20Group%20Panel%20at%20APSA%2
0on%20Shelby%20County&description=) 


 
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. 
 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54743&title=“
U.S.%20Is%20Suing%20in%20Texas%20Cases%20Over%20Voting%20by%20Minorities”&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.” 
 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54740&title=“
Prosecutors%20charge%202%20campaign%20aides%20for%20Miami%20mayoral%20candidate%20Francis%20Suarez%20in%20absentee-ballot%20probe”
&description=) 


 
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_s
tory.html) . 
 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54737&title=“Justice%20Department%20Sues%20Texas%20Over%20Voter%20ID%20Law”
&description=) 


 
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/)  
 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54734&title=More%20Analysis%20of%20DOJ%20Filings%20Against%20Texas&description=) 


 
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. 
 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54732&title=“Campaign%20Finance%20and%20the%20Cost%20of%20Doing%20Business”
&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. 
 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54730&title=And%20We’re%20Back%20to%20the%20“Messes%20with%20Texas”
%20Headlines&description=) 


 
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) . 
 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54727&title=“Eric%20Holder%20Sues%20Texas%20Over%20Voter%20ID.%20Here’
s%20Why%20It’s%20a%20Long%20Shot.”&description=) 


 
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_ (http://electionlawblog.org/) 

  
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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_ (mailto:rhasen at law.uci.edu) 

hhttp://www.law.uci.edu/faculty/full-time/hasen/

_http://electionlawblog.org_ (http://electionlawblog.org/) 



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