[EL] ELB News and Commentary 5/23/13

Thu May 23 07:53:45 PDT 2013

    Election Law Academics Update <http://electionlawblog.org/?p=50901>

Posted on May 23, 2013 7:52 am <http://electionlawblog.org/?p=50901> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Here's my yearly roundup of election law academic hires, promotions 
moves, visits, accolades.

Mark Alexander 
<http://law.shu.edu/Faculty/fulltime_faculty/Mark-Alexander.cfm>, Guy 
Charles <http://law.duke.edu/fac/charles/>, Kareem Crayton 
<http://www.law.unc.edu/faculty/directory/craytonkareemu/>, Spencer 
Overton <http://docs.law.gwu.edu/facweb/soverton/>, and Ciara 
Torres-Spelliscy 
<http://www.law.stetson.edu/faculty/torres-spelliscy-ciara/> were 
included in the Lawyers of Color 50 under 50 list 
<http://www.obabl.com/LawSchool/index.html#/1/> (most influential 
minority law professors aged 50 or younger) .

Josh Douglas <http://www.law.uky.edu/index.php?hid=93> will be teaching 
in London for the Spring 2014 semester as part of the London Law 
Consortium <http://blogs.law.uiowa.edu/studyabroad/>.

Chris Elmendorf <http://www.law.ucdavis.edu/faculty/Elmendorf/>, on 
sabbatical from UC Davis next year, will be a Visiting Scholar at UC 
Berkeley's Institute for Governmental Studies, and the Center for the 
Study of Law and Society.

Amber Maltbie <http://www.nossaman.com/amaltbie> is teaching Election 
Law as an adjunct at the University of the Pacific, McGeorge School of 
Law in the Spring.

Michael McDonald <http://electionlawblog.org/elections.gmu.edu> and 
Micah Altman <http://micahaltman.com> received  the Tides Foundation 
Pizzigati Prize, Strata Data Innovation Award, and APSA ITP Research 
Software award for their work on the DistrictBuilder 
<http://districtbuilder.org> open redistricting system.

Dave Primo <http://www.rochester.edu/college/psc/primo/> was named the 
Ani and Mark Gabrellian Professor at the University of Rochester.

Teddy Rave has accepted a tenure track teaching postion at Houston Law.

Joshua Ian Rosenstein 
<http://www.sandlerreiff.com/attorneys/joshua-ian-rosenstein/> is 
adjunct in the Election Law Program at William & Mary Law, where he is 
teaching a course on lobbying law called The Regulation of Advocacy.

Brad Smith <http://law.capital.edu/Faculty/Bios/bsmith.asp> will hold 
the Visiting Judge T. Copenhaver Chair of Law at West Virginia 
University in 2013-14.

Doug Spencer has accepted a tenure track teaching position at U. Conn Law.

Matt Streb <http://www.niu.edu/polisci/faculty/profiles/streb1.shtml> 
has been promoted for full professor at NIU.

Congratulations, all!

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Posted in election law biz <http://electionlawblog.org/?cat=51> | 
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    "Kill Bill" <http://electionlawblog.org/?p=50899>

Posted on May 23, 2013 7:33 am <http://electionlawblog.org/?p=50899> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Tom Edsall reviews 
<http://opinionator.blogs.nytimes.com/2013/05/22/kill-bill/?ref=politics> the 
literature on lobbying and rent-seeking for corporations.  (I cover more 
of this in some detail in this /Stanford Law Review/ article 
<http://www.stanfordlawreview.org/print/article/lobbying-rent-seeking-and-constitution>).

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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

    "Stephen Colbert on the IRS scandal (VIDEO)"
    <http://electionlawblog.org/?p=50896>

Posted on May 23, 2013 7:29 am <http://electionlawblog.org/?p=50896> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Via WaPo 
<http://www.washingtonpost.com/blogs/the-fix/wp/2013/05/23/stephen-colbert-on-the-irs-scandal-video/>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
election law "humor" <http://electionlawblog.org/?cat=52>, tax law and 
election law <http://electionlawblog.org/?cat=22> | Comments Off

    "Insurers feel pressure from health group with ties to White House"
    <http://electionlawblog.org/?p=50893>

Posted on May 23, 2013 7:27 am <http://electionlawblog.org/?p=50893> by 
Rick Hasen <http://electionlawblog.org/?author=3>

The Hill: 
<http://thehill.com/blogs/healthwatch/health-reform-implementation/301471-insurers-feel-pressure-from-health-group-with-close-ties-to-white-house>

    The links between a nonprofit promoting President Obama's healthcare
    law and the White House have created an "air of expectation" that
    insurers will contribute to the group, according to an insurance
    industry official.

    Current and former administration officials have taken on leadership
    and fundraising roles for Enroll America, a nonprofit aiming to make
    sure people sign up for new coverage options. As the ties grow
    deeper, the organization has come to feel like "just an arm of the
    administration," said one official who works closely with insurers.

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    "Donors Urge Cuomo to Press for Public Financing of State Campaigns"
    <http://electionlawblog.org/?p=50890>

Posted on May 23, 2013 7:25 am <http://electionlawblog.org/?p=50890> by 
Rick Hasen <http://electionlawblog.org/?author=3>

NYT reports 
<http://www.nytimes.com/2013/05/23/nyregion/donors-urge-cuomo-to-press-for-public-financing-of-campaigns.html?ref=nyregion&_r=0>.

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    "Florida Enacts Election Law to Ease Long Voter Lines"
    <http://electionlawblog.org/?p=50888>

Posted on May 23, 2013 7:24 am <http://electionlawblog.org/?p=50888> by 
Rick Hasen <http://electionlawblog.org/?author=3>

McClatchy 
<http://www.governing.com/topics/politics/mct-florida-enacts-election-reforms-to-ease-long-voter-lines.html>:

    Gov. Rick Scott has finished the fix of the flawed election law that
    relegated Florida to a late-night joke in 2012 by signing an
    elections clean-up bill passed on the final day of the legislative
    session.

    The measure, signed by Scott late Monday before he left for a trade
    mission to Chile, reverses several provisions implemented in 2011 by
    GOP lawmakers in anticipation of the 2012 presidential election.

    Those changes, criticized by Democrats as an attempt to suppress
    votes for President Barack Obama, limited the early voting that the
    president's campaign capitalized on in 2008. The 2011 law also
    prevented early voting on the Sunday before Election Day and
    prohibited voters, particularly students, from changing their voting
    address at the polls.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
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    "Appeals court shields lawmakers from testifying, showing draft maps
    in redistricting lawsuit" <http://electionlawblog.org/?p=50885>

Posted on May 23, 2013 7:20 am <http://electionlawblog.org/?p=50885> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Orlando Sentinel 
<http://www.orlandosentinel.com/news/blogs/political-pulse/os-appeals-court-shields-lawmakers-from-testifying-showing-draft-maps-in-redistricting-lawsuit-20130522,0,4958992.post>: 
"A divided appeals court ruled 
<http://opinions.1dca.org/written/opinions2013/05-22-2013/12-5280.pdf> 
Wednesday that Florida legislators should not be questioned under oath 
about whether they 'intended' to gain partisan advantage when they 
re-drew congressional maps last year."

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    "McCain Looks to Defuse 'Nuclear' Threat"
    <http://electionlawblog.org/?p=50883>

Posted on May 23, 2013 7:18 am <http://electionlawblog.org/?p=50883> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Roll Call: 
<http://www.rollcall.com/news/mccain_looks_to_defuse_nuclear_threat-225076-1.html>

    Sen. John McCain <http://www.rollcall.com/members/26.html> finds
    himself once again pushing his colleagues to avoid giving fodder to
    Democrats seeking to use the "nuclear option" to change Senate rules
    with a simple majority.

    The Arizona Republican's latest endeavor is to persuade GOP senators
    to allow the appointment of conferees to hammer out a House- Senate
    budget agreement without binding instructions against raising the
    debt limit.

    But his efforts have yet to win over the GOP's tea party wing.

TPM 
<http://tpmdc.talkingpointsmemo.com/2013/05/mitch-mcconnell-harry-reid-filibuster-nuclear-option.php?ref=fpa>: 
"The battle over the filibuster escalated Wednesday as Senate Minority 
Leader Mitch McConnell (R-KY) jumped in the fray to lash Democrats' 
threats 
<http://livewire.talkingpointsmemo.com/entry/mcconnell-rages-against-reids-nuclear-option-threats?ref=fpb> 
to use the "nuclear option 
<http://tpmdc.talkingpointsmemo.com/2013/04/harry-reid-filibuster-reform-nuclear-option.php?ref=fpb>" 
to scrap the minority party's ability to filibuster presidential 
nominees to cabinet and judicial positions. He and Majority Leader Harry 
Reid (D-NV) clashed in a heated floor exchange that led to hours of 
sniping 
<http://livewire.talkingpointsmemo.com/entry/reid-to-mcconnell-yes-you-are-abusing-filibuster> 
between their offices.

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    "White House Feeds IRS Frenzy by Revising Accounts"
    <http://electionlawblog.org/?p=50881>

Posted on May 23, 2013 7:13 am <http://electionlawblog.org/?p=50881> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Bloomberg reports 
<http://www.bloomberg.com/news/2013-05-23/white-house-feeds-irs-frenzy-by-revising-accounts.html?alcmpid=politics>.

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and election law <http://electionlawblog.org/?cat=22> | Comments Off

    "Bopp Warns of Consequences of Relaxing Gay Scout Ban"
    <http://electionlawblog.org/?p=50879>

Posted on May 23, 2013 7:12 am <http://electionlawblog.org/?p=50879> by 
Rick Hasen <http://electionlawblog.org/?author=3>

NLJ: 
<http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202601264072&kw=Bopp%20Warns%20of%20Consequences%20of%20Relaxing%20Gay%20Scout%20Ban&et=editorial&bu=National%20Law%20Journal&cn=20130523&src=EMC-Email&pt=Daily%20Headlines&slreturn=20130423101016>

    The Boy Scouts of America will open itself to a "veritable Pandora's
    box of litigation" if it allows homosexual boys to be scouts, warns
    a veteran Supreme Court litigator and special counsel to the
    Republican National Committee.

    In a letter to each of the 1,400 scout leaders expected to vote
    finally on Thursday on a proposed change to the organization's
    longstanding ban on gay boy scouts, prominent conservative lawyer
    James Bopp Jr. contends the change would undermine protections
    provided by the U.S. Supreme Court in a 2000 decision.

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    WaPo Ed Board Responds to Sen. McConnell Oped
    <http://electionlawblog.org/?p=50876>

Posted on May 23, 2013 7:10 am <http://electionlawblog.org/?p=50876> by 
Rick Hasen <http://electionlawblog.org/?author=3>

WaPo 
<http://www.washingtonpost.com/opinions/shining-a-light-on-political-donations/2013/05/22/482d1372-bc96-11e2-9b09-1638acc3942e_story.html>:

    Today we publish a commentary by Senate Minority Leader Mitch
    McConnell (R-Ky.)
    <http://www.washingtonpost.com/opinions/mitch-mcconnell-the-irs-scandal-and-obamas-culture-of-intimidation/2013/05/22/9c4b7de6-c2f8-11e2-914f-a7aba60512a7_story.html>,
    arguing against legislation to require expanded campaign finance
    disclosure. The senator points to the current furor over how the
    Internal Revenue Service (IRS) mishandled applications
    <http://www.washingtonpost.com/politics/obama-denounces-reported-irs-targeting-of-conservative-groups/2013/05/13/a0185644-bbdf-11e2-97d4-a479289a31f9_story.html?hpid=z1>
    from tea party and other conservative groups for tax-exempt status
    under Section 501(c)(4) of the Internal Revenue Code. We certainly
    agree
    <http://www.washingtonpost.com/opinions/the-irss-turn-to-answer-questions/2013/05/13/d010f3d2-bc0d-11e2-89c9-3be8095fe767_story.html>
    with him that the IRS failed to meet
    <http://www.washingtonpost.com/politics/house-panel-opens-hearing-on-irs-targeting-of-conservative-groups/2013/05/17/f1d7d352-beea-11e2-97d4-a479289a31f9_story.html>
    basic standards of fairness in selectively pressing the groups for
    more information and in delaying
    <http://www.washingtonpost.com/blogs/compost/wp/2013/05/17/the-irss-unreasonable-501c4-requests/>
    their applications.

    Mr. McConnell writes that the IRS scandal shows that political
    donors must be protected from possible "intimidation" by the
    government, that Washington is out to "target people because of
    their beliefs." This is an awfully dark view of national government
    under any administration. Such practices are common in other
    countries but not in the United States. The IRS failure was an
    exception, and a bad one, but not the rule.

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    "The Time Lois Lerner Failed To Investigate A Major Al Gore
    Fundraiser At The FEC" <http://electionlawblog.org/?p=50874>

Posted on May 23, 2013 7:08 am <http://electionlawblog.org/?p=50874> by 
Rick Hasen <http://electionlawblog.org/?author=3>

BuzzFeed reports 
<http://www.buzzfeed.com/jacobfischler/the-time-lois-lerner-failed-to-investigate-a-major-al-gore-f>.

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and election law <http://electionlawblog.org/?cat=22> | Comments Off

    "The IRS Hearings: Winners and Losers"
    <http://electionlawblog.org/?p=50872>

Posted on May 23, 2013 7:07 am <http://electionlawblog.org/?p=50872> by 
Rick Hasen <http://electionlawblog.org/?author=3>

The Fix reports 
<http://www.washingtonpost.com/blogs/the-fix/wp/2013/05/23/the-irs-hearings-winners-and-losers/>.

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and election law <http://electionlawblog.org/?cat=22> | Comments Off

    "Official at Heart of IRS Tea Party Scandal Spiked Audits of Big
    Dark-Money Donors" <http://electionlawblog.org/?p=50870>

Posted on May 23, 2013 7:07 am <http://electionlawblog.org/?p=50870> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Andy Kroll writes 
<http://www.motherjones.com/politics/2013/05/congress-irs-tea-party-gift-tax-donor> 
for /Mother Jones/.

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    "Tensions Brew Inside White House Over Counsel's Role"
    <http://electionlawblog.org/?p=50867>

Posted on May 22, 2013 8:00 pm <http://electionlawblog.org/?p=50867> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Buzzfeed reports 
<http://www.buzzfeed.com/evanmcsan/tensions-brew-inside-white-house-over-counsels-role>. 
Last night I asked on Twitter how long it would be before pundits would 
start calling for Ruemmler to step aside.

Now the answer is clear: not long.

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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off

    "On IRS issue, senior White House aides were focused on shielding
    Obama" <http://electionlawblog.org/?p=50864>

Posted on May 22, 2013 7:58 pm <http://electionlawblog.org/?p=50864> by 
Rick Hasen <http://electionlawblog.org/?author=3>

WaPo reports 
<http://www.washingtonpost.com/politics/on-irs-issue-senior-white-house-aides-were-focused-on-shielding-obama/2013/05/22/9183902c-c228-11e2-914f-a7aba60512a7_story.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

    "FEC Action Slows as Frequent Deadlocks Hamper Consensus on Pending
    Proposals" <http://electionlawblog.org/?p=50861>

Posted on May 22, 2013 7:55 pm <http://electionlawblog.org/?p=50861> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Bloomberg BNA 
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=31266246&vname=mpebulallissues&jd=a0d8y0v8q5&split=0>:

    Facing a backlog of proposals to update its regulations and policies
    but apparently unable to reach consensus on any of them, the Federal
    Election Commission is not even holding regular open meetings as
    frequently as it did in previous years. The latest example came May
    22, when the FEC cancelled its scheduled open meeting set for May
    23. The meeting was still on the agency's calendar until a
    last-minute notice was posted on the FEC website announcing that the
    session was cancelled. No meeting agenda had been posted, and there
    were no obvious agenda items for agency action.

This is deadlock by design. The FEC: Stlll as Good as Dead 
<http://www.slate.com/articles/news_and_politics/jurisprudence/2011/01/the_fec_is_as_good_as_dead.html>./®/

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    "Shape-Shifting by Liberal Dark Money Groups Seems Meant to Confuse"
    <http://electionlawblog.org/?p=50858>

Posted on May 22, 2013 7:48 pm <http://electionlawblog.org/?p=50858> by 
Rick Hasen <http://electionlawblog.org/?author=3>

CRP 
<https://www.opensecrets.org/news/2013/05/shape-shifting-by-liberal-dark-mone.html>:

    IRS employees who sent overly detailed questionaires to some groups
    applying for tax-exempt status in recent years used words like "tea
    party" and "patriot" to try to filter out those that planned to be
    heavily involved in politics (a big no-no).

    As it turns out, not only was that improper; it's not even very
    effective. For instance, two liberal groups that have faded in and
    out of the political scene mysteriously and repeatedly over several
    years bear names that few would associate, at first glance, with
    progressive causes: Citizens for Strength and Security, and Patriot
    Majority.

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    "The IRS scandal and Obama's culture of intimidation"
    <http://electionlawblog.org/?p=50855>

Posted on May 22, 2013 7:45 pm <http://electionlawblog.org/?p=50855> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Sen. Mitch McConnell writesa WaPo oped 
<http://www.washingtonpost.com/opinions/mitch-mcconnell-the-irs-scandal-and-obamas-culture-of-intimidation/2013/05/22/9c4b7de6-c2f8-11e2-914f-a7aba60512a7_story.html>, 
attacking not just the IRS, and not just the DISCLOSE Act, but the very 
concept of disclosure.

Sad for a Senator who used to be a strong supporter of disclosure as an 
alternative to limits on campaign money.

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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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
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org

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