[EL] CLC Head in the Sand

Tue Mar 26 08:48:06 PDT 2013

Regarding the recent press release from the CLC, which should have be  
entitled "CLC Keeps its Head in the Sand, no matter what":

_“GOP Heading Back to the  Future”_ (http://electionlawblog.org/?p=48718)  
Posted on  _March 25, 2013 1:06 pm_ (http://electionlawblog.org/?p=48718)  
by _Rick Hasen_ (http://electionlawblog.org/?author=3)  

_Paul  Ryan_ (http://www.clcblog.org/index.php?option=com
_content&view=article&id=513:gop-heading-back-to-the-future)  of CLC: 
Last week the Republican National Committee published its _Growth & 
Opportunity Project  report_ (http://growthopp.gop.com/default.aspx)  “provid[ing] 
an honest review of the 2012 election cycle and a path  forward for the 
Republican Party to ensure success in winning more elections.”  When it comes to 
campaign finance policy, the RNC apparently believes that the  path forward 
is a journey back in time to the pre-McCain-Feingold era,  claiming that “
the free speech rights of political parties and federal  candidates remain 
smothered by McCain-Feingold” and recommending that a  variety of contribution 
limits applicable to political party committees and  federal candidates be 
repealed or increased. 
Contrary to the RNC’s claim that the party’s free speech rights have been  
“smothered by McCain-Feingold,” the party raised more money during the 
2012  election cycle than ever before. According to the Center for Responsive  
Politics, the Republican Party and the Democratic Party _each  raised more 
than $1 billion during the 2012 cycle_ 
(http://www.opensecrets.org/parties/index.php?cmte=&cycle=2012) , shattering previous  fundraising totals both 
pre- and post-McCain Feingold. With regard to  fundraising, the parties seem to 
be doing just fine under existing  limits.

There are so many errors and so little time:

(1) CLC compares apples and oranges. The cost of fundraising is much less  
for high dollar than low dollar fundraising.  What is important is the  net. 
 Prospect mail generally does not pay for itself but it is expensive  and 
runs up the total expenses by the group with no net money to  spend.  Raising 
money from small donors by direct mail and telemarketing is  also 
expensive.  So while national political parties "raised more  money," they had less 
money to spend on politics.

(2) The proper comparison is not with the national party spending from  
election cycle to election cycle but the total spending in each and the 
national  parties share.  Of course, this amount is skyrocketing, mainly as a 
result  of Super PAC (see other CLC press releases).  The national political  
parties are not keeping pace so their relative influence has declined.   Same 
with candidates.

(3) Of course, it would be worse if the CLC got its way.  They opposed  
raising the contribution limit from $1,000 to $2,000 for candidates in  
McCain-Feingold screaming that we would be awash in candidates selling their  
votes.  Of course that has not happened, just like in states without any  
contribution limits at all.  After all, you cannot even buy a Democrat  Congressman 
for $2,500 these days. The anecdotal evidence is $99,000 in cold  hard cash 
(Congressman Jefferson) to $140,000 (Duke Cunningham) to at least buy  one.

(4) Finally, CLC also says that large contributions to Super PACs are  
corrupting so in their universe there is corruption either way. But voters  
cannot vote against Super PACs but can vote against candidates or  candidates of 
a particular political party.  So at least if we raise  candidate and 
political party contribution limits, if CLC is right, then voters  can at least 
vote against them.

Jim Bopp

In a message dated 3/26/2013 11:06:28 A.M. Eastern Daylight Time,  
rhasen at law.uci.edu writes:

_“Same-sex marriage:  Court on the couch”_ 
(http://electionlawblog.org/?p=48742)  
Posted  on _March 26, 2013 8:05 am_ (http://electionlawblog.org/?p=48742)  
by _Rick Hasen_ (http://electionlawblog.org/?author=3)   

I have written _this  piece_ 
(http://blogs.reuters.com/great-debate/2013/03/26/same-sex-marriage-court-on-the-couch/)  for Reuters Opinion.  It begins: 
Will Justice Anthony Kennedy’s support for a constitutional right to gay  
marriage doom the constitutionality of affirmative action and a key  
provision of the Voting Rights Act?  To answer this question, legal  scholars need 
to know less about constitutional law and more about human  psychology. 
Consider  last year, when Supreme Court Chief Justice John Roberts,  for 
example, surprisingly sided with the court’s four liberal members _in  
upholding President Barack Obama’s healthcare law_ 
(http://www2.bloomberglaw.com/public/document/Natl_Federation_of_Independent_Business_v_Sebelius_No_Nos_11393
_1)  against constitutional  challenge. It was a stunning choice for the 
conservative jurist. The  reaction of _Nate Persily_ 
(http://www.law.columbia.edu/fac/Nathaniel_Persily) , a  leading U.S. election law scholar, was: “
There goes the Voting Rights  Act.” 
At first, the connection between the two cases may seem tenuous. They  don’
t involve the same issues. The healthcare case was based on Congress’s  
power to regulate commerce and to tax. In _Shelby  County v. Holder_ 
(http://www.scotusblog.com/case-files/cases/shelby-county-v-holder/?wpmp_switcher=deskto
p) , heard last month and expected to be decided in  June, the court is 
considering whether Congress’s power to enforce equal  rights, especially in 
voting, includes the power to continue federal  oversight of elections in 
certain states that have a history of racial  discrimination. 
But Persily’s observation seems correct, and it illustrates how Supreme  
Court watchers often use amateur psychoanalysis of the justices. For  example, 
a chief justice, feeling constrained by public opinion or concerned  about 
the court’s legacy, may give in on one case in order to gain more  political 
capital to spend on another controversial case.

(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=48742&title=“Same-sex%20marriage:%20Court%20on%20the%20couch”&description=) 

Posted in _Supreme Court_ (http://electionlawblog.org/?cat=29) , _Voting 
Rights Act_ (http://electionlawblog.org/?cat=15)   | Comments Off 

_“Split Senate backs  bill reining in ‘dark money’”_ 
(http://electionlawblog.org/?p=48739)  
Posted  on _March 26, 2013 7:31 am_ (http://electionlawblog.org/?p=48739)  
by _Rick Hasen_ (http://electionlawblog.org/?author=3)   

_The  latest_ 
(http://www.bozemandailychronicle.com/news/state_government/legislature/article_62d85030-95c5-11e2-bd38-001a4bcf887a.html)  from Montana. 

(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=48739&title=“Split%20Senate%20backs%20bill%20reining%20in%20‘dark%20money’”
&description=) 

Posted in _campaign finance_ (http://electionlawblog.org/?cat=10)   | 
Comments Off 

_“McDonnell signs bill  requiring photo ID for voting”_ 
(http://electionlawblog.org/?p=48736)  
Posted  on _March 26, 2013 7:27 am_ (http://electionlawblog.org/?p=48736)  
by _Rick Hasen_ (http://electionlawblog.org/?author=3)   

_Richmond  Times Dispatch: “_ 
(http://www.timesdispatch.com/news/latest-news/mcdonnell-signs-bill-requiring-photo-id-for-voting/article_03e9445c-9611-11
e2-b05d-0019bb30f31a.html) Gov. Bob McDonnell has signed legislation 
requiring  voters to present photo ID at the polls.” 
The law now requires approval from DOJ or a court under section 5 of the  
Voting Rights Act. 

(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=48736&title=“McDonnell%20signs%20bill%20requiring%20photo%20ID%20for%20voting”
&description=) 

Posted in _election  administration_ (http://electionlawblog.org/?cat=18) , 
_The Voting Wars_ (http://electionlawblog.org/?cat=60) , _voter id_ 
(http://electionlawblog.org/?cat=9) , _Voting Rights Act_ 
(http://electionlawblog.org/?cat=15)   | Comments Off 

_“Ex-lawmakers go to  lobbying-related jobs”_ 
(http://electionlawblog.org/?p=48733)  
Posted  on _March 26, 2013 7:23 am_ (http://electionlawblog.org/?p=48733)  
by _Rick Hasen_ (http://electionlawblog.org/?author=3)   

_USA  Today reports_ 
(http://www.usatoday.com/story/news/politics/2013/03/25/former-lawmakers-lobbying-jobs/2011325/) . 

(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=48733&title=“Ex-lawmakers%20go%20to%20lobbying-related%20jobs”&description=) 

Posted in _legislation and  legislatures_ 
(http://electionlawblog.org/?cat=27) , _lobbying_ (http://electionlawblog.org/?cat=28)   | Comments Off 

_“Public Citizen  Applauds 70 Members of Congress Who Urge the SEC to 
Require Disclosure of  Corporate Political Spending”_ 
(http://electionlawblog.org/?p=48730)  
Posted  on _March 25, 2013 4:50 pm_ (http://electionlawblog.org/?p=48730)  
by _Rick Hasen_ (http://electionlawblog.org/?author=3)   

The following statement from Lisa Gilbert of Public Citizen arrived via  
email: 
Public Citizen applauds the 70 members of the U.S. House of  
Representatives, led by Reps. Chris Van Hollen (D-Md.) and Michael Capuano  (D-Mass.), who 
sent _a  letter_ 
(http://www.citizen.org/documents/sec-corporate-political-disclosure-letter.pdf)  to the Securities and Exchange Commission (SEC) 
today urging it  to follow through on its stated agenda and require disclosure 
of political  spending by corporations. 
Since the U.S. Supreme Court’s Citizens United v. Federal Election  
Commission decision, corporations have been able to spend money freely  on 
elections, and often do so by giving funds to “dark money” organizations  not 
required to disclose the identities of their donors. But investors have  a right 
to know how their money – a corporation’s profits –– is being spent.  The 
trouble is, there is no requirement that companies share this  information. 
The letter stated: 
“Some companies have taken the initiative to publicly disclose their  
political spending which illustrates not only the ease with which it can be  
accomplished but also the acceptance of many prominent and large  corporations. 
Unfortunately, however, other companies have kept their  shareholders in the 
dark and unaware that their money could be funding  political activities, 
or even political attack ads. The rights of  shareholders must be protected.” 
The SEC has received a record-breaking deluge of 490,000 comments urging  
disclosure of political spending. In addition, a Zogby International poll  
commissioned by the Center for Economic Development found that 77 percent of  
business leaders said that corporations should disclose all of their direct  
and indirect political expenditures. The SEC has taken the public and  
investor demand for greater disclosure into account and has begun to  consider a 
rulemaking in response. 
These members of Congress have it right; the SEC can and should move this  
rule forward. It is critical both for democracy and the rights of the  
marketplace investor.

(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=48730&title=“
Public%20Citizen%20Applauds%2070%20Members%20of%20Congress%20Who%20Urge%20the%20SEC%20to%20Require%20Disclosure%20of%20Corporate%20Political%20S
pending”&description=) 

Posted in _campaign finance_ (http://electionlawblog.org/?cat=10)   | 
Comments Off 

_“‘Battleground Texas’  Still Many Years Away”_ 
(http://electionlawblog.org/?p=48727)  
Posted  on _March 25, 2013 4:44 pm_ (http://electionlawblog.org/?p=48727)  
by _Rick Hasen_ (http://electionlawblog.org/?author=3)   

_This  item_ 
(http://www.fairvote.org/battleground-texas-still-many-years-away#.UVDhCxm9azs)  appears at the FairVote blog. 

(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=48727&title=“‘Battleground%20Texas’%20Still%20Many%20Years%20Away”
&description=) 

Posted in _political parties_ (http://electionlawblog.org/?cat=25) ,  
_political  polarization_ (http://electionlawblog.org/?cat=68)  | Comments Off 

_“3 things Beavers’  trial revealed about Illinois political cash”_ 
(http://electionlawblog.org/?p=48723)  
Posted  on _March 25, 2013 1:10 pm_ (http://electionlawblog.org/?p=48723)  
by _Rick Hasen_ (http://electionlawblog.org/?author=3)   

_WBEZ  reports_ 
(http://www.wbez.org/3-things-beavers-trial-revealed-about-illinois-political-cash-106264) . 

(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=48723&title=“3%20things%20Beavers’
%20trial%20revealed%20about%20Illinois%20political%20cash”&description=) 

Posted in _campaign finance_ (http://electionlawblog.org/?cat=10)   | 
Comments Off 

_“Arkansas governor  vetoes bill requiring voters to show photo 
identification at polls”_ (http://electionlawblog.org/?p=48721)  
Posted  on _March 25, 2013 1:09 pm_ (http://electionlawblog.org/?p=48721)  
by _Rick Hasen_ (http://electionlawblog.org/?author=3)   

_AP  reports_ 
(http://www.therepublic.com/view/story/9b7706356bfd46d5b3b166a668ad58ae/AR--Arkansas-Voter-ID) . 

(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=48721&title=“
Arkansas%20governor%20vetoes%20bill%20requiring%20voters%20to%20show%20photo%20identification%20at%20polls”&description=) 

Posted in _election  administration_ (http://electionlawblog.org/?cat=18) , 
_The Voting Wars_ (http://electionlawblog.org/?cat=60) , _voter id_ 
(http://electionlawblog.org/?cat=9)   | Comments Off 

_“GOP Heading Back to  the Future”_ (http://electionlawblog.org/?p=48718)  
Posted  on _March 25, 2013 1:06 pm_ (http://electionlawblog.org/?p=48718)  
by _Rick Hasen_ (http://electionlawblog.org/?author=3)   

_Paul  Ryan_ 
(http://www.clcblog.org/index.php?option=com_content&view=article&id=513:gop-heading-back-to-the-future)  of CLC: 
Last week the Republican National Committee published its _Growth & 
Opportunity  Project report_ (http://growthopp.gop.com/default.aspx)  “provid[ing] 
an honest review of the 2012 election cycle  and a path forward for the 
Republican Party to ensure success in winning  more elections.”  When it comes 
to campaign finance policy, the RNC  apparently believes that the path 
forward is a journey back in time to the  pre-McCain-Feingold era, claiming that “
the free speech rights of political  parties and federal candidates remain 
smothered by McCain-Feingold” and  recommending that a variety of 
contribution limits applicable to political  party committees and federal candidates be 
repealed or increased. 
Contrary to the RNC’s claim that the party’s free speech rights have been  
“smothered by McCain-Feingold,” the party raised more money during the 
2012  election cycle than ever before.  According to the Center for  Responsive 
Politics, the Republican Party and the Democratic Party _each  raised more 
than $1 billion during the 2012 cycle_ 
(http://www.opensecrets.org/parties/index.php?cmte=&cycle=2012) , shattering previous  fundraising totals both 
pre- and post-McCain Feingold.  With regard to  fundraising, the parties seem 
to be doing just fine under existing  limits.

(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=48718&title=“GOP%20Heading%20Back%20to%20the%20Future”&description=) 

Posted in _campaign finance_ (http://electionlawblog.org/?cat=10) ,  
_political parties_ (http://electionlawblog.org/?cat=25)   | Comments Off 

_“Hiroshima Court Rules  Election Invalid”_ 
(http://electionlawblog.org/?p=48716)  
Posted  on _March 25, 2013 1:05 pm_ (http://electionlawblog.org/?p=48716)  
by _Rick Hasen_ (http://electionlawblog.org/?author=3)   

_WSJ_ 
(http://blogs.wsj.com/japanrealtime/2013/03/25/hiroshima-court-rules-election-invalid/) :  “In a landmark ruling Monday, a Hiroshima court ruled 
the results of the  December lower-house election invalid in two districts 
due to the  disproportionate weighting of votes in those districts.” 

(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=48716&title=“Hiroshima%20Court%20Rules%20Election%20Invalid”&description=) 

Posted in _redistricting_ (http://electionlawblog.org/?cat=6)   | Comments 
Off 

_“Equal Protection  Challenge to Virginia’s Felony Disenfranchisement 
Provision Survives Summary  Judgment”_ (http://electionlawblog.org/?p=48714)  
Posted  on _March 25, 2013 1:04 pm_ (http://electionlawblog.org/?p=48714)  
by _Rick Hasen_ (http://electionlawblog.org/?author=3)   

_State  of Elections_ 
(http://electls.blogs.wm.edu/2013/03/25/equal-protection-challenge-to-virginias-felony-disenfranchisement-survives-summary-judgmen
t/) : “The US District Court for the Eastern District of  Virginia on 
Friday _granted_ 
(http://electls.blogs.wm.edu/files/2013/03/El-Amin-Opinion-2.pdf)  the  State’s summary judgment motion on substantive and procedural due  
process challenges to Virginia’s voter reinstatement process for convicted  
felons, as well as an Eight Amendment challenge to the disenfranchisement of  
felons as cruel and unusual punishment. The court did, however, deny 
summary  judgment on El-Amin’s Equal Protection challenge of lifetime felon  
disenfranchisement in Virginia.” 

(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=48714&title=“Equal%20Protection%20Challenge%20to%20Virginia’
s%20Felony%20Disenfranchisement%20Provision%20Survives%20Summary%20Judgment”&description=) 

Posted in _felon voting_ (http://electionlawblog.org/?cat=66)   | Comments 
Off 

_“What secret e-mails  from Enron teach us about influencing politicians”_ 
(http://electionlawblog.org/?p=48712)  
Posted  on _March 25, 2013 1:02 pm_ (http://electionlawblog.org/?p=48712)  
by _Rick Hasen_ (http://electionlawblog.org/?author=3)   

_Interesting  post_ 
(http://www.washingtonpost.com/blogs/wonkblog/wp/2013/03/24/what-secret-e-mails-from-enron-teach-us-about-influencing-politicians/?h
pid=z4)  at WonkBlog by Dan Hopkins. 

(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=48712&title=“
What%20secret%20e-mails%20from%20Enron%20teach%20us%20about%20influencing%20politicians”&description=) 

Posted in _campaign finance_ (http://electionlawblog.org/?cat=10) ,  
_legislation and  legislatures_ (http://electionlawblog.org/?cat=27) , _lobbying_ 
(http://electionlawblog.org/?cat=28)   | Comments Off 

_“The Voting Rights Act  should be left alone”_ 
(http://electionlawblog.org/?p=48710)  
Posted  on _March 25, 2013 1:00 pm_ (http://electionlawblog.org/?p=48710)  
by _Rick Hasen_ (http://electionlawblog.org/?author=3)   

Gregory Craig has written _this  WaPo oped_ 
(http://www.washingtonpost.com/opinions/gregory-b-craig-the-voting-rights-act-should-be-left-alone/2013/03/2
2/ee5fc8a4-8bf2-11e2-9f54-f3fdd70acad2_story.html) . 

(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=48710&title=“The%20Voting%20Rights%20Act%20should%20be%20left%20alone”
&description=) 

Posted in _Supreme Court_ (http://electionlawblog.org/?cat=29) , _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://law.uci.edu/faculty/page1_r_hasen.html_ 
(http://law.uci.edu/faculty/page1_r_hasen.html) 
_http://electionlawblog.org_ (http://electionlawblog.org/) 

_______________________________________________
Law-election  mailing  list
Law-election at department-lists.uci.edu
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