[EL] ELB News and Commentary 5/17/13
Rick Hasen
rhasen at law.uci.edu
Fri May 17 08:16:42 PDT 2013
Dept. of Profoundly Dumb PR Moves: IRS Edition
<http://electionlawblog.org/?p=50578>
Posted on May 17, 2013 8:13 am <http://electionlawblog.org/?p=50578> by
Rick Hasen <http://electionlawblog.org/?author=3>
Apparently the Lerner response <http://electionlawblog.org/?p=50160> on
Friday (to a question, not in her prepared remarks) on Tea Party
targeting was planned
<https://twitter.com/marceelias/status/335399977767546880>.
Look: the IRS should have revealed its targeting of Tea Party groups
much sooner, and it should not have had officials fail to report it (or
perhaps even lie about it) when asked by Members of Congress.
But simply as a matter of PR, if the IRS decided it needed to get out in
front of the damning upcoming TIGTA report, this was not the way to do
it. It should have issued a press release later that day on Friday,
ahead of the weekend. But it did it this way, in an offhanded, almost
cavalier way (look at the exact text of what Lerner said: "So I guess my
bottom line here is that we at the IRS should apologize for that, it was
not intentional, and as soon as we found out what was going on, we took
steps to make it better and I don't expect that to reoccur.") as part of
the answer at a tax meeting where word was sure to leak out; it then was
unprepared for questions at the press call afterwards (including the
Lerner line that she was not good at math---true she's a lawyer, not an
accountant, but the /optics/) and then no formal response for a few
days, and then apparently posting further private information about who
was approved and put through this process on its website.
The bumbling nature of this seems to demonstrate that Lerner and others
did not realize, at all, the extent to which this was politically
radioactive and damaging. The IRS probably isn't an agency used to
interacting often with the national press, and it shows, very starkly,
in this incident.
More about today's hearings later.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"Committee on House Administration Democrats Introduce Bill to
Reform and Reauthorize the Election Assistance Commission"
<http://electionlawblog.org/?p=50575>
Posted on May 17, 2013 8:03 am <http://electionlawblog.org/?p=50575> by
Rick Hasen <http://electionlawblog.org/?author=3>
See this press release
<http://democrats.cha.house.gov/press-release/committee-house-administration-democrats-introduce-bill-reform-and-reauthorize-0>.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
Election Assistance Commission <http://electionlawblog.org/?cat=34>, The
Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"Blame Congress For the IRS-Tea Party Mess"
<http://electionlawblog.org/?p=50572>
Posted on May 17, 2013 8:00 am <http://electionlawblog.org/?p=50572> by
Rick Hasen <http://electionlawblog.org/?author=3>
Andy Kroll writes
<http://www.motherjones.com/politics/2013/05/congress-irs-tea-party-scandal>
for /Mother Jones./
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"Stevens: Rationale for Bush v. Gore was 'unacceptable'; The former
Supreme Court justice speaks out on John Roberts and the case that
decided the 2000 election." <http://electionlawblog.org/?p=50569>
Posted on May 17, 2013 7:58 am <http://electionlawblog.org/?p=50569> by
Rick Hasen <http://electionlawblog.org/?author=3>
/Salon /reports
<http://www.salon.com/2013/05/17/stevens_rationale_for_bush_v_gore_was_unacceptable/>
(via How Appealing <http://howappealing.law.com/051713.html#051050>).
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Posted in Bush v. Gore reflections <http://electionlawblog.org/?cat=5>,
Supreme Court <http://electionlawblog.org/?cat=29> | Comments Off
Sen. Baucus Says IRS Controversy Will Grow
<http://electionlawblog.org/?p=50567>
Posted on May 17, 2013 7:57 am <http://electionlawblog.org/?p=50567> by
Rick Hasen <http://electionlawblog.org/?author=3>
Watch Bloomberg
<http://www.bloomberg.com/video/baucus-camp-on-internal-revenue-service-probe-z3g%7E3JysTyy%7EUbgXZ7wOWw.html>
(via Political Wire
<http://politicalwire.com/archives/2013/05/17/baucus_predicts_irs_scandal_will_grow.html>)
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
Two from Marketplace on IRS <http://electionlawblog.org/?p=50564>
Posted on May 17, 2013 7:54 am <http://electionlawblog.org/?p=50564> by
Rick Hasen <http://electionlawblog.org/?author=3>
Politics, money and power: Inside the IRS' targeting of conservative
social welfare groups
<http://www.marketplace.org/topics/economy/politics-money-and-power-inside-irs-targeting-conservative-social-welfare-groups>
The Problem of IRS's Dwindling Credibility
<http://www.marketplace.org/topics/economy/whats-irs>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"Move to Defend: The Case against the Constitutional Amendments
Seeking to Overturn Citizens United"
<http://electionlawblog.org/?p=50561>
Posted on May 17, 2013 7:50 am <http://electionlawblog.org/?p=50561> by
Rick Hasen <http://electionlawblog.org/?author=3>
John Samples has posted this draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2261192> on SSRN.
Here is the abstract:
Three years ago the U.S. Supreme Court decided the case of Citizens
United v. Federal Election Commission. It found that Congress lacked
the power to prohibit independent spending on electoral speech by
corporations. A later lower-court decision, SpeechNow v. Federal
Election Commission, applied Citizens United to such spending and
related fundraising by individuals. Concerns about the putative
political and electoral consequences of the Citizens United decision
have fostered several proposals to amend the Constitution. Most
simply propose giving Congress unchecked new power over spending on
political speech, power that will be certainly abused. The old and
new public purposes cited for restricting political spending and
speech (preventing corruption, restoring equality, and others) are
not persuasive in general and do not justify the breadth of power
granted under these amendments.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Model Legislative Veto Act" <http://electionlawblog.org/?p=50559>
Posted on May 17, 2013 7:48 am <http://electionlawblog.org/?p=50559> by
Rick Hasen <http://electionlawblog.org/?author=3>
FromSeth Barrett Tillman
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2263820>.
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27> | Comments Off
"Ohio Republicans Push Law To Penalize Colleges For Helping Students
Vote" <http://electionlawblog.org/?p=50556>
Posted on May 17, 2013 7:46 am <http://electionlawblog.org/?p=50556> by
Rick Hasen <http://electionlawblog.org/?author=3>
TPM
<http://tpmdc.talkingpointsmemo.com/2013/05/ohio-republicans-push-law-to-penalize-colleges-for-helping-students-vote.php?ref=fpb>:
Republicans in the Ohio Legislature are pushing a plan that could
cost the state's public universities millions of dollars if they
provide students with documents to help them register to vote.
Backers of the bill describe it as intended to resolve discrepancies
between residency requirements for tuition and voter registration,
while Democrats and other opponents argue it is a blatant attempt at
voter suppression in a crucial swing state.
"What the bill would do is penalize public universities for
providing their students with the documents they need to vote,"
Daniel Tokaji, a professor and election law expert at Ohio State
University told TPM. "It's a transparent effort at vote suppression
--- about the most blatant and shameful we've seen in this state,
which is saying quite a lot."
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>, voter registration
<http://electionlawblog.org/?cat=37> | Comments Off
"Scandal Should Prompt IRS to Clarify Rules"
<http://electionlawblog.org/?p=50553>
Posted on May 17, 2013 7:44 am <http://electionlawblog.org/?p=50553> by
Rick Hasen <http://electionlawblog.org/?author=3>
Gary Bass and Beth Kingsley have writtenthis oped
<http://philanthropy.com/article/Scandal-Should-Prompt-IRS-to/139265/>
for the /Chronicle of Philanthropy./
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"The Schmitt/Klein Exchange Over the Role of 'Small Donors'"
<http://electionlawblog.org/?p=50551>
Posted on May 17, 2013 7:42 am <http://electionlawblog.org/?p=50551> by
Rick Hasen <http://electionlawblog.org/?author=3>
Bauer wades in.
<http://www.moresoftmoneyhardlaw.com/2013/05/role-of-small-donors/>
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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Two From CPI on IRS <http://electionlawblog.org/?p=50549>
Posted on May 17, 2013 7:41 am <http://electionlawblog.org/?p=50549> by
Rick Hasen <http://electionlawblog.org/?author=3>
'Tea party' nonprofits rarely endorsed political candidates
<http://www.publicintegrity.org/2013/05/17/12672/tea-party-nonprofits-rarely-endorsed-political-candidates>
Do nonprofits' names imply political activity? Most social welfare
nonprofits don't have politically charged names
<http://www.publicintegrity.org/2013/05/17/12693/do-nonprofits-names-imply-political-activity>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"Regional Differences in Racial Polarization in the 2012
Presidential Election: Implications for the Constitutionality of
Section 5 of the Voting Rights Act"
<http://electionlawblog.org/?p=50544>
Posted on May 16, 2013 8:49 pm <http://electionlawblog.org/?p=50544> by
Rick Hasen <http://electionlawblog.org/?author=3>
Steve Ansolabehere, Nate Persily, and Charles Stewart have writtenthis
article
<http://www.harvardlawreview.org/issues/126/april13/forum_1005.php> for
the /Harvard Law Review Forum. /Here is the conclusion:
Reasonable people can disagree about the relevance of the 2012
election or even racially polarized voting patterns to the
constitutionality of the coverage formula for section 5 of the
Voting Rights Act. Indeed, we view our findings more as a response
to the notion that the election and reelection of an African
American President settles the constitutional question in favor of
the VRA's detractors. If anything, the opposite is true. To be sure,
the coverage formula does not capture every racially polarized
jurisdiction, nor does every county covered by section 5 outrank
every noncovered county on this score. However, the stark race-based
differences in voting patterns between the covered and noncovered
jurisdictions taken as a whole demonstrate the coverage formula's
continuing relevance.
In particular, for those looking for a way to distinguish the
covered jurisdictions from the noncovered jurisdictions, and to do
so without running afoul of the "elephant whistle" problem,
differential rates of racially polarized voting provide an ideal
metric. There can be no doubt that the covered jurisdictions differ,
as a group, from the noncovered jurisdictions in their rates of
racially polarized voting. There can also be no doubt that voting in
the covered jurisdictions as a whole is becoming more, not less,
polarized over time.
This is a must-read, careful analysis. The question, which I first
posed in 2005
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=561241>, is whether
differences in racially polarized voting are of constitutional
significance to save section 5 of the Act for the swing Justice(s) on
the current Supreme Court. On that question, we likely will have to
wait until the end of June.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
"IRS problem started with vague tax exemption rules"
<http://electionlawblog.org/?p=50541>
Posted on May 16, 2013 8:38 pm <http://electionlawblog.org/?p=50541> by
Rick Hasen <http://electionlawblog.org/?author=3>
Matea Gold, soon of WaPo, writes this article
<http://www.latimes.com/news/nationworld/nation/la-na-irs-analysis-20130517,0,4190991.story>
for the LA Times.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"Texas tea party group says IRS asked about its connection to
Wisconsin recall battle" <http://electionlawblog.org/?p=50538>
Posted on May 16, 2013 7:41 pm <http://electionlawblog.org/?p=50538> by
Rick Hasen <http://electionlawblog.org/?author=3>
The /Wisconsin State Journal/ reports.
<http://host.madison.com/news/local/govt-and-politics/texas-tea-party-group-says-irs-asked-about-its-connection/article_fea0d711-a4d4-56cd-bc10-fa6cc8f05930.html>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, recall
elections <http://electionlawblog.org/?cat=11>, tax law and election law
<http://electionlawblog.org/?cat=22> | Comments Off
Candidate/Pastor Solicits Prayers for Independent Expenditures on
His Behalf <http://electionlawblog.org/?p=50533>
Posted on May 16, 2013 7:30 pm <http://electionlawblog.org/?p=50533> by
Rick Hasen <http://electionlawblog.org/?author=3>
Maybe
<http://blogs.phoenixnewtimes.com/valleyfever/2013/05/pastor_warren_stewart_district.php>
it went like this: "Oh Lord, we beseech thee to bring forth a mighty
super PAC from the heavens, to rain down negative advertising upon all
of my opponents. Oh let the (c)(4)s emerge from the depths of darkness,
attacking my opponent with the ferocity of a wild beast lurching forth
momentarily and retreating into the darkness. And let us say, amen."
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Posted in campaigns <http://electionlawblog.org/?cat=59> | Comments Off
"Lawmakers to focus on whether IRS misled Congress on screening
practices" <http://electionlawblog.org/?p=50530>
Posted on May 16, 2013 7:13 pm <http://electionlawblog.org/?p=50530> by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo reports.
<http://www.washingtonpost.com/politics/obama-vows-to-hold-irs-officials-accountable/2013/05/16/c8fe72e4-be3e-11e2-97d4-a479289a31f9_story.html>
[corrected link]
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"FBI seeks source of prostitution, corruption allegations against
Sen. Robert Menendez" <http://electionlawblog.org/?p=50527>
Posted on May 16, 2013 3:50 pm <http://electionlawblog.org/?p=50527> by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo
<http://www.washingtonpost.com/politics/fbi-seeks-source-of-prostitution-corruption-allegations-against-sen-robert-menendez/2013/05/16/72ad79a0-bbda-11e2-89c9-3be8095fe767_story.html>:
"Months after the FBI began probing allegations against Sen. Robert
Menendez (D-N.J.), investigators are now looking at whether someone set
out to smear him while he was running for re-election last year and then
ascending to his new post as chairman of the Senate Foreign Relations
Committee, according to four people briefed on the inquiry."
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Posted in campaigns <http://electionlawblog.org/?cat=59>, chicanery
<http://electionlawblog.org/?cat=12> | Comments Off
"SEC head rejects calls to stop political disclosure work"
<http://electionlawblog.org/?p=50524>
Posted on May 16, 2013 3:33 pm <http://electionlawblog.org/?p=50524> by
Rick Hasen <http://electionlawblog.org/?author=3>
USA Today reports
<http://www.usatoday.com/story/news/politics/2013/05/16/irs-scandal-securities-and-exchange-commission-sec-political-disclosure-republicans-congress-mary-jo-white/2176677/>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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Ezra Klein Thinks IRS Mess, Other Scandals, Will Fizzle
<http://electionlawblog.org/?p=50522>
Posted on May 16, 2013 3:27 pm <http://electionlawblog.org/?p=50522> by
Rick Hasen <http://electionlawblog.org/?author=3>
Here
<http://www.washingtonpost.com/blogs/wonkblog/wp/2013/05/16/the-scandals-are-falling-apart/>.
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and election law <http://electionlawblog.org/?cat=22> | Comments Off
NYT Says Senate Dems Could Go Nuclear Soon in Filibuster Showdown
<http://electionlawblog.org/?p=50519>
Posted on May 16, 2013 3:20 pm <http://electionlawblog.org/?p=50519> by
Rick Hasen <http://electionlawblog.org/?author=3>
See here.
<http://www.nytimes.com/2013/05/17/us/politics/obama-appointees-fight-may-change-senate-rules.html?pagewanted=all&_r=0>
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27>, political parties
<http://electionlawblog.org/?cat=25>, political polarization
<http://electionlawblog.org/?cat=68> | Comments Off
"Some Lawmakers Want Big-Budget Groups Included In IRS Debate"
<http://electionlawblog.org/?p=50516>
Posted on May 16, 2013 3:12 pm <http://electionlawblog.org/?p=50516> by
Rick Hasen <http://electionlawblog.org/?author=3>
Important Peter Overby report
<http://www.npr.org/blogs/itsallpolitics/2013/05/16/184545892/some-lawmakers-want-big-budget-groups-included-in-irs-debate>for
NPR.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"IRS Scandal Falls Right in McConnell's Wheelhouse"
<http://electionlawblog.org/?p=50514>
Posted on May 16, 2013 1:08 pm <http://electionlawblog.org/?p=50514> by
Rick Hasen <http://electionlawblog.org/?author=3>
Roll Call
<http://www.rollcall.com/news/irs_scandal_falls_right_in_mcconnells_wheelhouse-224889-1.html>:
Tea party conservatives may never fully trust Senate Minority Leader
Mitch McConnell <http://www.rollcall.com/members/202.html>, but the
Kentucky Republican was talking about the dangers of limiting
political speech long before the tea party movement existed.
An expansive view of the First Amendment when it comes to political
speech has been a signature issue in McConnell's Senate career. He
led the crusade against the 2002 campaign finance overhaul
championed by Republican Sens. John McCain
<http://www.rollcall.com/members/26.html> of Arizona and Russ
Feingold <http://www.rollcall.com/members/533.html> of Wisconsin
even after enactment, taking the case to the Supreme Court.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"Lois Lerner, IRS administrator at center of scandal, bows out of
Western New England University commencement speech"
<http://electionlawblog.org/?p=50512>
Posted on May 16, 2013 1:03 pm <http://electionlawblog.org/?p=50512> by
Rick Hasen <http://electionlawblog.org/?author=3>
Here
<http://www.masslive.com/politics/index.ssf/2013/05/lois_lerner_irs_administrator.html>.
Share
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"At D.C. Circuit, Contractor Case Merits Take Backseat"
<http://electionlawblog.org/?p=50510>
Posted on May 16, 2013 1:01 pm <http://electionlawblog.org/?p=50510> by
Rick Hasen <http://electionlawblog.org/?author=3>
BLT
<http://legaltimes.typepad.com/blt/2013/05/at-dc-circuit-contractor-case-merits-take-backseat.html>:
Lawyers for the Federal Election Commission and government
contractors on Thursday argued in the U.S. Court of Appeals for the
D.C. Circuit over a law that forbids the contract holders from
making federal campaign donations. The merits of the case, however,
took a backseat.
The panel---Senior Judge Douglas Ginsburg and judges Thomas Griffith
and Karen Henderson---focused most of their time on the court's
jurisdiction to even hear the dispute.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Behind the I.R.S. Mess: A Campaign-Finance Scandal"
<http://electionlawblog.org/?p=50508>
Posted on May 16, 2013 1:00 pm <http://electionlawblog.org/?p=50508> by
Rick Hasen <http://electionlawblog.org/?author=3>
Steven Rattner
<http://opinionator.blogs.nytimes.com/2013/05/16/behind-the-i-r-s-mess-a-campaign-finance-scandal/?hp>
for NYT Opinionator.
Yes, yes, we are at the point that it everything has been said but not
by everybody.
Share
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"The Other IRS Scandal": David Cay Johnston on Dark Money Political
Groups Seeking Tax Exemption" <http://electionlawblog.org/?p=50506>
Posted on May 16, 2013 12:58 pm <http://electionlawblog.org/?p=50506> by
Rick Hasen <http://electionlawblog.org/?author=3>
Here
<http://www.democracynow.org/2013/5/16/the_other_irs_scandal_david_cay>
at Democracy Now!.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"Conservative Groups Granted Exemption Vastly Outspent Liberal Ones"
<http://electionlawblog.org/?p=50504>
Posted on May 16, 2013 12:57 pm <http://electionlawblog.org/?p=50504> by
Rick Hasen <http://electionlawblog.org/?author=3>
CRP
<http://www.opensecrets.org/news/2013/05/conservative-groups-granted-exemption-vastly-outspent-liberal.html>:
"Conservative nonprofits that received tax-exempt status since the
beginning of 2010 and also filed election spending reports with the
Federal Election Commission overwhelmed liberal groups in terms of money
spent on politics, an analysis of Internal Revenue Service and FEC
records shows."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | Comments Off
"It's Time for the IRS to Crack Down on Phony Non-Profits"
<http://electionlawblog.org/?p=50501>
Posted on May 16, 2013 12:04 pm <http://electionlawblog.org/?p=50501> by
Rick Hasen <http://electionlawblog.org/?author=3>
Jessica Levinson writes
<http://www.huffingtonpost.com/jessica-levinson/irs-nonprofits-citzens-united_b_3283009.html>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22> | 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
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org
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