[EL] ELB News and Commentary 5/28/13
Rick Hasen
rhasen at law.uci.edu
Tue May 28 07:23:33 PDT 2013
"Ohio moves to comply with 20-year-old federal law on voter
information" <http://electionlawblog.org/?p=51034>
Posted on May 28, 2013 7:16 am <http://electionlawblog.org/?p=51034> by
Rick Hasen <http://electionlawblog.org/?author=3>
The /Cleveland Plain Dealer/ reports.
<http://www.cleveland.com/open/index.ssf/2013/05/ohio_moves_to_comply_with_20-y.html>
Doug Chapin comments
<http://blog.lib.umn.edu/cspg/electionacademy/2013/05/20_years_later_nvra_-_and_cont.php>.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
NVRA (motor voter) <http://electionlawblog.org/?cat=33>, The Voting Wars
<http://electionlawblog.org/?cat=60>, voter registration
<http://electionlawblog.org/?cat=37> | Comments Off
"Access Hollywood: How Jeffrey Katzenberg Became the Democrats'
Kingmaker" <http://electionlawblog.org/?p=51031>
Posted on May 28, 2013 7:14 am <http://electionlawblog.org/?p=51031> by
Rick Hasen <http://electionlawblog.org/?author=3>
Andy Kroll reports
<http://www.motherjones.com/politics/2013/05/jeffrey-katzenberg-dreamworks-barack-obama-fundraiser>
for Mother Jones.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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Bauer on IRS and "Bright Lines" Project
<http://electionlawblog.org/?p=51028>
Posted on May 28, 2013 7:12 am <http://electionlawblog.org/?p=51028> by
Rick Hasen <http://electionlawblog.org/?author=3>
Here <http://www.moresoftmoneyhardlaw.com/2013/05/irs-bright-lines/>.
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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 lawmakers poised to quickly OK legislative, congressional maps"
<http://electionlawblog.org/?p=51024>
Posted on May 28, 2013 7:09 am <http://electionlawblog.org/?p=51024> by
Rick Hasen <http://electionlawblog.org/?author=3>
The /Dallas Morning News /reports
<http://idmn.dallasnews.com/local-and-state/20130528-gop-lawmakers-poised-to-quickly-ok-legislative-congressional-maps.ece>.
Pretty sure this would moot the section 5 case before the Supreme Court,
although it is possible the section 2 case could go on, and I imagine
there would be a new section 5 process for these maps.
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Posted in redistricting <http://electionlawblog.org/?cat=6>, Supreme
Court <http://electionlawblog.org/?cat=29>, Voting Rights Act
<http://electionlawblog.org/?cat=15> | Comments Off
"Political intelligence firms set up investor meetings at White
House" <http://electionlawblog.org/?p=51021>
Posted on May 27, 2013 7:25 pm <http://electionlawblog.org/?p=51021> by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo
<http://www.washingtonpost.com/politics/political-intelligence-firms-set-up-investor-meetings-at-white-house/2013/05/26/73b06528-bccb-11e2-9b09-1638acc3942e_story.html>:
Wall Street investors hungry for advance information on upcoming
federal health-care decisions repeatedly held private discussions
with Obama administration officials, including a top White House
adviser helping to implement the Affordable Care Act.
The private conversations show that the increasingly urgent race to
acquire"political intelligence
<http://www.washingtonpost.com/politics/political-intelligence-industry-in-washington-under-scrutiny-amid-federal-inquiry/2013/05/02/e284e08e-b364-11e2-9a98-4be1688d7d84_story.html>"
goes beyond the communications with congressional staffers that have
become the focus of heightened scrutiny in recent weeks.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
Is Boehner a Weak House Speaker? <http://electionlawblog.org/?p=51018>
Posted on May 27, 2013 7:19 pm <http://electionlawblog.org/?p=51018> by
Rick Hasen <http://electionlawblog.org/?author=3>
Vandehei and Allen
<http://www.politico.com/story/2013/05/behind-the-curtain-john-boehner-shrinking-power-91905.html?hp=t1>:
"So, yes, Boehner by recent historic standards and measures is a
relatively weak speaker right now. But, in fairness, it's not clear a
more bullying or forceful leader would fare much better with this gang
of Republicans or in this dysfunctional Congress."
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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
More on What Happens if SCOTUS DIGs Prop 8 Ruling
<http://electionlawblog.org/?p=51015>
Posted on May 27, 2013 7:11 pm <http://electionlawblog.org/?p=51015> by
Rick Hasen <http://electionlawblog.org/?author=3>
The Los Angeles Times
<http://www.latimes.com/news/local/la-me-prop-8-20130527,0,3214416.story> sets
forth the competing views.
Simply as a matter of Remedies law, it seems to me that if the case is
dismissed, then Judge Walker's statewide injunction would stand.
Professor Roosevelt is right that Judge Walker likely did not have the
authority to grant a statewide injunction (because it goes beyond the
scope of the wrong done to the plaintiffs), but the governor could
choose to follow the injunction statewide because the judge would have
declared the law unconstitutional to rule for the plaintiffs in the case.
I'd add this further point. Assuming that Judge Walker did not have the
authority to issue a statewide injunction, the DIG of the case would
restore that order, which I don't think could be further appealed. One
could try to argue to modify the injunction or reopen the case under
Rule 60, which would be discretionary (not clear which judge would hear
that dispute as Judge Walker has left the bench).
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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
"GOP Dilemma: Draw New Voters Without Irking Base"
<http://electionlawblog.org/?p=51012>
Posted on May 27, 2013 7:02 pm <http://electionlawblog.org/?p=51012> by
Rick Hasen <http://electionlawblog.org/?author=3>
AP
<http://www.nytimes.com/aponline/2013/05/27/us/politics/ap-us-republican-center.html?ref=politics>:
"The Republican Party, having lost the popular vote in five of the last
six presidential elections, confronts a dilemma that's easier to
describe than to solve: How can it broaden its appeal to up-for-grabs
voters without alienating its conservative base?"
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Posted in political parties <http://electionlawblog.org/?cat=25>,
political polarization <http://electionlawblog.org/?cat=68> | Comments Off
NYT Focuses on White House Counsel's Power; WaPo on Her Shoes
<http://electionlawblog.org/?p=51009>
Posted on May 27, 2013 6:59 pm <http://electionlawblog.org/?p=51009> by
Rick Hasen <http://electionlawblog.org/?author=3>
Comparethis
<http://www.nytimes.com/2013/05/27/us/presidents-counsel-finds-herself-center-state.html?pagewanted=all>andthis.
<http://www.washingtonpost.com/blogs/the-fix/wp/2013/05/27/a-white-house-counsel-and-her-glamorous-shoes/>
To be fair, WaPo also ran this important article
<http://www.washingtonpost.com/politics/white-house-counsel-kathy-ruemmler-from-outsider-to-protector-of-the-presidency/2013/05/26/78a6986e-c3f0-11e2-914f-a7aba60512a7_story.html>
on Ruemmler. But I cannot recall any articles on Bob Bauer's or Greg
Craig's fashion sense. (If there was one, please pass it along and I
will link.)
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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
"Partisan Gridlock Thwarts Effort to Alter Health Law"
<http://electionlawblog.org/?p=51007>
Posted on May 27, 2013 6:56 pm <http://electionlawblog.org/?p=51007> by
Rick Hasen <http://electionlawblog.org/?author=3>
Must-read front page NYT:
<http://www.nytimes.com/2013/05/27/us/politics/polarized-congress-thwarts-changes-to-health-care-law.html?ref=politics>
Almost no law as sprawling and consequential as the Affordable Care
Act has passed without changes --- significant structural changes or
routine tweaks known as "technical corrections" --- in subsequent
months and years. The Children's Health Insurance Program
<http://topics.nytimes.com/top/reference/timestopics/subjects/s/state_childrens_health_insurance_program_schip/index.html?inline=nyt-classifier>,
for example, was fixed in the first months after its passage in 1997.
But as they prowl Capitol Hill, business lobbyists like Mr. DeFife,
health care providers and others seeking changes are finding, to
their dismay, that in a polarized Congress, accomplishing them has
become all but impossible.
Republicans simply want to see the entire law go away and will not
take part in adjusting it. Democrats are petrified of reopening a
politically charged law that threatens to derail careers as the
Republicans once again seize on it before an election year.
As a result, a landmark law that almost everyone agrees has flaws is
likely to take effect unchanged.
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Posted in political parties <http://electionlawblog.org/?cat=25>,
political polarization <http://electionlawblog.org/?cat=68> | Comments Off
"Groups Targeted by I.R.S. Tested Rules on Politics"
<http://electionlawblog.org/?p=51004>
Posted on May 27, 2013 6:48 pm <http://electionlawblog.org/?p=51004> by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT:
<http://www.nytimes.com/2013/05/27/us/politics/nonprofit-applicants-chafing-at-irs-tested-political-limits.html?hp&pagewanted=all&_r=0>
Representatives of these organizations have cried foul in recent
weeks about their treatment by the I.R.S., saying they were among
dozens of conservative groups unfairly targeted by the agency,
harassed with inappropriate questionnaires and put off for months or
years as the agency delayed decisions on their applications.
But a close examination of these groups and others reveals an array
of election activities that tax experts and former I.R.S. officials
said would provide a legitimate basis for flagging them for closer
review.
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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
"Koch lawyer says Obama administration has tried to intimidate Koch
Industries" <http://electionlawblog.org/?p=51002>
Posted on May 27, 2013 6:46 pm <http://electionlawblog.org/?p=51002> by
Rick Hasen <http://electionlawblog.org/?author=3>
Wichita Eagle
<http://www.kansas.com/2013/05/24/2817584/koch-lawyer-obama-administration.html>:
The chief lawyer for Koch Industries said Friday that government
targeting of conservative political groups is nothing new to the
Wichita-based company.
Chief legal counsel Mark Holden said the White House, as early as
August 2010, was deliberately trying to politically intimidate Koch
Industries.
Holden said that although he had no direct evidence that the White
House had any involvement in targeting Koch for IRS tax scrutiny, he
pointed to what he described as a "disturbing" comment about taxes
and Koch Industries made by one of President Obama's political
advisers, Austan Goolsbee, at a White House briefing in August 2010.
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60> |
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"Congressmen Propose The Mother Of All Voting Rights Protections"
<http://electionlawblog.org/?p=51000>
Posted on May 27, 2013 6:45 pm <http://electionlawblog.org/?p=51000> by
Rick Hasen <http://electionlawblog.org/?author=3>
TPM
<http://tpmdc.talkingpointsmemo.com/2013/05/constitutional-amendment-fight-voter-id-laws.php?ref=fpa>:
A pair of Democratic congressmen is pushing an amendment that would
place an affirmative right to vote in the U.S. Constitution.
According to Rep. Mark Pocan (D-WI), who is sponsoring the
legislation along with Rep. Keith Ellison (D-MN), the amendment
would protect voters from what he described as a "systematic" push
to "restrict voting access" through voter ID laws, shorter early
voting deadlines, and other measures that are being proposed in many
states.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
"States Move Toward Greater Government Transparency"
<http://electionlawblog.org/?p=50997>
Posted on May 27, 2013 6:42 pm <http://electionlawblog.org/?p=50997> by
Rick Hasen <http://electionlawblog.org/?author=3>
IVN reports
<http://ivn.us/money-talks/2013/05/24/states-move-towards-greater-government-transparency/>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10> |
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"Showing the IRS some love after witch hunt"
<http://electionlawblog.org/?p=50993>
Posted on May 27, 2013 6:39 pm <http://electionlawblog.org/?p=50993> by
Rick Hasen <http://electionlawblog.org/?author=3>
Michael Hiltzik
<http://www.latimes.com/business/la-fi-hiltzik-20130526,0,1884244.column>:
"If Congress desires there to be a bright line distinguishing (c)4
eligibility, it will have to draw the line itself. But plainly it
prefers that these politically fraught decisions be made by civil
servants who can then be hauled to the gibbet and hanged for their
'incompetence' if things get hot."
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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 Seventeenth Amendment and Federalism in an Age of National
Political Parties" <http://electionlawblog.org/?p=50991>
Posted on May 27, 2013 6:37 pm <http://electionlawblog.org/?p=50991> by
Rick Hasen <http://electionlawblog.org/?author=3>
David Schleicher has posted this draf
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2269077>t on SSRN.
Here is the abstract:
Despite it being the constitutional amendment that most altered the
design of the federal government, and despite recent efforts by many
prominent figures to repeal it, little is known about why the
Seventeenth Amendment passed in 1913. Existing histories of why the
Constitution was amended to require direct elections for U.S.
Senators, rather than having them appointed by state legislatures,
cannot account for two major historical puzzles. Why were state
legislatures eager to give away the power to choose Senators? And
why was there virtually no discussion of federalism during debates
over removing a key constitutional protection for states?
Using both positive political theory and historical evidence, this
Article offers a theory that can provide an answer to these
questions. Support for direct elections was, at least in part, a
result of the rise of ideologically coherent, national political
parties. The development of national parties meant that state
legislative elections increasingly turned on national issues, from
war to currency policy to international trade, as voters used these
elections as means to select Senators. State politicians and
interest groups supported direct elections as a way of separating
national and state politics. Federalism was not invoked against the
Seventeenth Amendment because state legislative appointment was
frustrating a precondition for the variety of benefits that come
from republican federalism, the ability of state majorities to
choose state policies. Modern advocates of repealing the Seventeenth
Amendment, from Justice Scalia to Gov. Rick Perry, claim the mantle
of federalism, but they have the case almost entirely backwards.
Repealing the Seventeenth Amendment would reduce the benefits of
federalism, as it would turn state legislatures into electoral
colleges for U.S. Senators.
While important in its own right, the history of the Seventeenth
Amendment can also teach us a great deal about how federalism
functions in the real world of politics more generally. First,
contrary to the claims of scholars like Larry Kramer, national
political parties do not necessarily serve as "political safeguards
of federalism," but instead can make state politics turn on national
issues, reducing the influence of the preferences of state citizens
on state policy. Second, certain state governmental powers -- from
the power to gerrymander to control over issues normally associated
with the federal government -- reduce the democratic accountability
of state officials that undergirds most normative theories of
federalism. Finally, despite the Seventeenth Amendment, state
elections today still largely turn on national politics. Although
state issues are sometimes important, the most important factor in
state legislative elections is the popularity of the President. If
the benefits for state democracy sought by supporters of the
Seventeenth Amendment are to be achieved, electoral reform is a more
promising avenue than structural constitutional change.
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27>, political parties
<http://electionlawblog.org/?cat=25> | 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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