[EL] ELB News and Commentary 5/24/13

Fri May 24 07:46:23 PDT 2013

    "Judge dismisses charges against GOP election chief"
    <http://electionlawblog.org/?p=50970>

Posted on May 24, 2013 7:40 am <http://electionlawblog.org/?p=50970> by 
Rick Hasen <http://electionlawblog.org/?author=3>

This i 
<http://www.poughkeepsiejournal.com/article/20130524/NEWS01/305240035/Judge-dismisses-charges-against-GOP-election-chief>s 
a new one for me:

    A state Supreme Court justice in Westchester County has dismissed a
    charge of contempt that had been leveled against the Republican
    commissioner of the Dutchess County Board of Elections by his
    Democratic counterpart.

    In an order signed Wednesday, Judge Robert DiBella ruled Erik
    Haight's decision to have a stack of voter registration forms
    investigated by the Dutchess County Sheriff's Office did not violate
    a previous legal agreement that requires both commissioners to act
    together on elections-related matters.

    The charge of contempt was brought by Democratic Commissioner Fran
    Knapp. She contended that by calling the Sheriff's Office without
    consulting her, Haight was in contempt of the court-ordered agreement.

    DiBella ruled that because the agreement did not expressly prohibit
    either commissioner from unilaterally calling police to investigate
    a stack of possibly altered forms, neither civil nor criminal
    contempt apply.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
Remedies <http://electionlawblog.org/?cat=57>, The Voting Wars 
<http://electionlawblog.org/?cat=60> | Comments Off

    "How the IRS Scandal Helped Immigration Reform"
    <http://electionlawblog.org/?p=50967>

Posted on May 24, 2013 7:37 am <http://electionlawblog.org/?p=50967> by 
Rick Hasen <http://electionlawblog.org/?author=3>

The Fix reports 
<http://www.washingtonpost.com/blogs/the-fix/wp/2013/05/24/how-the-irs-scandal-helped-immigration-reform/>.

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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

    "Banks' Lobbyists Help in Drafting Financial Bills"
    <http://electionlawblog.org/?p=50965>

Posted on May 24, 2013 7:36 am <http://electionlawblog.org/?p=50965> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Front page NYT 
<http://dealbook.nytimes.com/2013/05/23/banks-lobbyists-help-in-drafting-financial-bills/?partner=rss&emc=rss>:

    Bank lobbyists are not leaving it to lawmakers to draft legislation
    that softens financial regulations
    <http://topics.nytimes.com/topics/reference/timestopics/subjects/c/credit_crisis/financial_regulatory_reform/index.html?inline=nyt-classifier>.
    Instead, the lobbyists are helping to write it themselves.

    One bill that sailed through the House Financial Services Committee
    this month --- over the objections of the Treasury Department
    <http://topics.nytimes.com/top/reference/timestopics/organizations/t/treasury_department/index.html?inline=nyt-org>
    --- was essentially Citigroup
    <http://dealbook.on.nytimes.com/public/overview?symbol=C&inline=nyt-org>'s,
    according to e-mails reviewed by The New York Times. The bill would
    exempt broad swathes of trades from new regulation.

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Posted in legislation and legislatures 
<http://electionlawblog.org/?cat=27>, lobbying 
<http://electionlawblog.org/?cat=28> | Comments Off

    "Interstate vote fraud: 2-state cases attract limelight; Secretary
    of State says it's 'not an epidemic'"
    <http://electionlawblog.org/?p=50963>

Posted on May 24, 2013 7:35 am <http://electionlawblog.org/?p=50963> by 
Rick Hasen <http://electionlawblog.org/?author=3>

The /Cincinnati Enquirer/ reports. 
<http://news.cincinnati.com/apps/pbcs.dll/article?AID=/201305240522/NEWS010801/305230251>

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off

    "Nonprofits need better guidance on tax-exempt standards"
    <http://electionlawblog.org/?p=50960>

Posted on May 24, 2013 7:33 am <http://electionlawblog.org/?p=50960> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Gary Bass and Beth Kingsley have writtenthis oped i 
<http://www.washingtonpost.com/opinions/nonprofits-need-better-guidance-on-tax-exempt-standards/2013/05/23/b5014924-c3b6-11e2-914f-a7aba60512a7_story.html>n 
the /Washington Post/:

    The IRS's improper scrutiny of conservative groups'
    <http://www.washingtonpost.com/politics/irs-targeted-groups-critical-of-government-documents-from-agency-probe-show/2013/05/12/bb38e5bc-bb24-11e2-97d4-a479289a31f9_story.html>
    applications for tax-exempt status certainly warrants investigation.
    But we must not lose sight of the underlying problems that led to
    this situation: the lack of workable standards to determine what
    activity the Internal Revenue Service considers "political" and how
    much of it a nonprofit group can do....

    Much of this problem could be addressed by adopting objective,
    substantive criteria to define political intervention for nonprofit
    organizations. For the past four years, we have worked with legal
    experts and nonprofit leaders at the Bright Lines Project
    <http://www.citizen.org/Page.aspx?pid=5951> (now housed at Public
    Citizen) to develop just such a proposal
    <http://www.brightlinesproject.org/>.

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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

    Bauer Responds to Sen. McConnell and Strassel
    <http://electionlawblog.org/?p=50957>

Posted on May 24, 2013 7:30 am <http://electionlawblog.org/?p=50957> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Here <http://www.moresoftmoneyhardlaw.com/2013/05/disclosure-games/>.

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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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    "IRS Safeguards Toothless in Tea Party Nonprofit Cases"
    <http://electionlawblog.org/?p=50954>

Posted on May 24, 2013 7:28 am <http://electionlawblog.org/?p=50954> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Bloomberg reports 
<http://www.bloomberg.com/news/2013-05-24/irs-bias-safeguards-toothless-with-tea-party-nonprofits.html?alcmpid=politics>.

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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 Official May Have Unwittingly Lost Right to Silence"
    <http://electionlawblog.org/?p=50951>

Posted on May 24, 2013 7:25 am <http://electionlawblog.org/?p=50951> by 
Rick Hasen <http://electionlawblog.org/?author=3>

NLJ reports 
<http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202601440346&kw=IRS%20Official%20May%20Have%20Unwittingly%20Lost%20Right%20to%20Silence&et=editorial&bu=National%20Law%20Journal&cn=20130524&src=EMC-Email&pt=Daily%20Headlines&slreturn=20130424102434>.

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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

    Democracy Canon Makes Cameo Appearance in Detroit Mayor's Race
    <http://electionlawblog.org/?p=50947>

Posted on May 24, 2013 7:23 am <http://electionlawblog.org/?p=50947> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Detroit News: 
<http://www.detroitnews.com/article/20130524/METRO01/305240318/Court-challenge-likely-next-step-keep-Duggan-off-Detroit-mayor-ballot?odyssey=mod%7Cnewswell%7Ctext%7CFRONTPAGE%7Cs>

    Mayoral candidate Mike Duggan was certified Thursday to run for
    mayor by the city's election commission, but the controversy
    continues over whether he met City Charter residency requirements....

    But Duggan's attorney, Melvin "Butch" Hollowell, said he was pleased
    with Thursday's ruling and he's not concerned about a possible legal
    challenge. If there is ambiguity over the interpretation over the
    charter, "you resolve that in favor of letting the people decide
    (and) giving access to the ballot," he said.

I haven't seen the papers in th is case, but it looks like Mr. Hollowell 
is making reference to the "Democracy Canon," which I explained and 
defended in this /Stanford Law Review/ article. 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1344476>

*(H/t Sam Bagenstos <https://twitter.com/sbagen/status/337913057445552128>)

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Posted in residency <http://electionlawblog.org/?cat=38>, statutory 
interpretation <http://electionlawblog.org/?cat=21> | Comments Off

    "Heavy Lifting: San Francisco's Voter Guide is One for the Books"
    <http://electionlawblog.org/?p=50945>

Posted on May 24, 2013 7:19 am <http://electionlawblog.org/?p=50945> by 
Rick Hasen <http://electionlawblog.org/?author=3>

A ChapinBlog. 
<http://blog.lib.umn.edu/cspg/electionacademy/2013/05/heavy_lifting_san_franciscos_v.php>

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Posted in election administration <http://electionlawblog.org/?cat=18> | 
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    Quote of the Day <http://electionlawblog.org/?p=50942>

Posted on May 23, 2013 10:01 pm <http://electionlawblog.org/?p=50942> by 
Rick Hasen <http://electionlawblog.org/?author=3>

"What I fear is the majority leader is working his way toward breaking 
his word to the Senate and to the American people, and blowing up this 
institution...He wants to have no debate...Do what I say when I say it. 
Sit down, shut up. Or we'll change the rules. We'll break the rules to 
change the rules.'

--Sen. Mitch McConnell, 
<http://www.nytimes.com/2013/05/24/us/politics/senate-confirmation-srinivasan-pritzker.html?hp> 
on Senator Harry Reid's threats to change the rules related to 
filibustering nominations in the Senate.

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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

    Academic Update Update <http://electionlawblog.org/?p=50939>

Posted on May 23, 2013 9:06 pm <http://electionlawblog.org/?p=50939> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Here's one I missed <http://electionlawblog.org/?p=50901>:

Janai Nelson was 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) and is the recipient of the 
2013 Derrick A. Bell Award from the American Association of Law Schools 
(AALS) Section on Minority Groups. The award is presented each year to a 
junior faculty member who has made an extraordinary contribution through 
scholarship, teaching, and mentoring. She was also granted tenure and 
promoted to full professor at St. John's University School of Law.  Most 
recently, she was appointed the law school's Associate Dean of Faculty 
Scholarship.

Congratulations!

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Posted in election law biz <http://electionlawblog.org/?cat=51> | 
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    "IRS names replacement for Lerner"
    <http://electionlawblog.org/?p=50936>

Posted on May 23, 2013 8:41 pm <http://electionlawblog.org/?p=50936> by 
Rick Hasen <http://electionlawblog.org/?author=3>

WaPo 
<http://www.washingtonpost.com/blogs/federal-eye/wp/2013/05/23/irs-names-replacement-for-lerner/>: 
"Ken Corbin, who was deputy director of a larger unit of the IRS, will 
be taking Lerner's place, according to internal communications."

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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

    "I.R.S. Suspends Official at Center of Storm"
    <http://electionlawblog.org/?p=50933>

Posted on May 23, 2013 8:38 pm <http://electionlawblog.org/?p=50933> by 
Rick Hasen <http://electionlawblog.org/?author=3>

NYT 
<http://www.nytimes.com/2013/05/24/us/politics/irs-official-who-refused-to-testify-is-put-on-leave.html?hp>: 
"Lawmakers from both parties said Thursday that senior I.R.S. officials 
had requested Ms. Lerner's resignation but that she refused, forcing 
them to put her on leave instead. Whether her suspension will lead to 
dismissal was unclear, given Civil Service rules that govern federal 
employment."

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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

    Strassel Attacks Bob Bauer with Claims of Dems' Intimidation of
    Conservatives in 2008 Election <http://electionlawblog.org/?p=50929>

Posted on May 23, 2013 5:16 pm <http://electionlawblog.org/?p=50929> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Here 
<http://online.wsj.com/article/SB10001424127887324659404578501411510635312.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

    NCSL's May 2013 Issue of "The Canvass" Now Available
    <http://electionlawblog.org/?p=50926>

Posted on May 23, 2013 4:39 pm <http://electionlawblog.org/?p=50926> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Here. 
<http://www.ncsl.org/legislatures-elections/elections/the-canvass-may-2013.aspx?utm_source=Canvass&utm_campaign=796cad20dc-Canvass_April_20134_25_2013&utm_medium=email&utm_term=0_c27fe8f428-796cad20dc-111828865>

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Posted in election administration <http://electionlawblog.org/?cat=18> | 
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    Lois Lerner Put on Administrative Leave
    <http://electionlawblog.org/?p=50923>

Posted on May 23, 2013 2:45 pm <http://electionlawblog.org/?p=50923> by 
Rick Hasen <http://electionlawblog.org/?author=3>

WaPo reports 
<http://www.washingtonpost.com/blogs/post-politics/wp/2013/05/23/lois-lerner-put-on-administrative-leave/>.

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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

    "Hunger Games: The conservative plan to starve government has paid
    off with the IRS scandal" <http://electionlawblog.org/?p=50920>

Posted on May 23, 2013 1:16 pm <http://electionlawblog.org/?p=50920> by 
Rick Hasen <http://electionlawblog.org/?author=3>

TNR 
<http://www.newrepublic.com/article/113280/irs-scandal-conservatives-plan-starve-government-pays#>.

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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

    "Scott Gessler Repays State for Political Trip"
    <http://electionlawblog.org/?p=50917>

Posted on May 23, 2013 12:58 pm <http://electionlawblog.org/?p=50917> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Denver Post: 
<http://www.denverpost.com/breakingnews/ci_23309072/scott-gessler-repays-state-political-trip>

    Secretary of State Gessler filed paperwork to run for governor on
    Thursday, two days after reimbursing the state nearly $1,300 for a
    political trip to Florida last year.

    His political director, Rory McShane, said Gessler's decision to
    reimburse the money --- which led to an ethics complaint against the
    Republican office-holder --- has nothing do with his election plans.

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Posted in The Voting Wars <http://electionlawblog.org/?cat=60> | 
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    "IRS and Scrutiny: Reviewing Review | Commentary"
    <http://electionlawblog.org/?p=50914>

Posted on May 23, 2013 12:37 pm <http://electionlawblog.org/?p=50914> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Ellen Aprill: 
<http://www.rollcall.com/news/irs_and_scrutiny_reviewing_review_commentary-225102-1.html>

    IRS employees who review applications for exemption have a duty to
    ask follow-up questions of applicants, including groups affiliated
    with the tea party. In the current controversy, IRS reviewers
    wrongly singled out conservative groups for unusually exacting
    follow-up. In a number of these cases, they also asked inappropriate
    questions, such as the identity of donors.

    Some media reports, however, imply that the IRS cannot and should
    not ask any questions of applicants for exemption, that any inquiry
    invades privacy and violates the First Amendment. That implication
    is wrong. An organization that seeks an IRS acknowledgment of its
    exempt status subjects itself to scrutiny --- scrutiny designed to
    ensure that the group in fact qualifies for the benefit of tax
    exemption.

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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

    Little Fraud, No Vote Suppression Found in Ohio 2012 Vote
    <http://electionlawblog.org/?p=50911>

Posted on May 23, 2013 12:29 pm <http://electionlawblog.org/?p=50911> by 
Rick Hasen <http://electionlawblog.org/?author=3>

See here 
<http://abcnews.go.com/blogs/politics/2013/05/ohio-voter-fraud-does-exist-but-not-an-epidemic/>.  
You wouldn't know it if you listened to the partisan media.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off

    "Husted: voter fraud exists, not an epidemic"
    <http://electionlawblog.org/?p=50908>

Posted on May 23, 2013 8:43 am <http://electionlawblog.org/?p=50908> by 
Rick Hasen <http://electionlawblog.org/?author=3>

The /Columbus Dispatch/ reports. 
<http://www.dispatch.com/content/stories/local/2013/05/23/Husted-voter-fraud-exists-not-an-epidemic.html>

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
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    "Heads Won't Roll at IRS" <http://electionlawblog.org/?p=50905>

Posted on May 23, 2013 8:42 am <http://electionlawblog.org/?p=50905> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Politico reports 
<http://dyn.politico.com/printstory.cfm?uuid=732198AC-6BD5-4896-9621-2540DEBB1ECF>.

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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

    "GOP's Switch on Financial Disclosure Wins Gold Medal in Hypocrisy
    Olympics" <http://electionlawblog.org/?p=50903>

Posted on May 23, 2013 8:41 am <http://electionlawblog.org/?p=50903> by 
Rick Hasen <http://electionlawblog.org/?author=3>

Norm Ornstein opinion piece 
<http://www.nationaljournal.com/columns/washington-inside-out/gop-s-switch-on-financial-disclosure-wins-gold-medal-in-hypocrisy-olympics-20130522> 
for /National Journal/, with the subhead: "The IRS scandal evolved from 
the broader reality that the GOP has changed its financing mantra from 
'disclosure' to 'secrecy.'"

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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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