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

Wed May 29 13:01:16 PDT 2013

RE Voters' Guide and  surprising Doug Chapin comment:

San Francisco's 500+ page Voters' Guide is an example of super ideas gone wacko.  But "heavy lifting" because of a requirement that the entire text of a ballot proposition must be printed and mailed to every voter, is subject to far better corrections than the invaluable Chapin offers.  First of all, Voters' Guides in our Western States have been a century-long model for informing voters about candidates, and SanFrancisco is one of a handful of counties in California that bears the costs, not charging candidates.  Second, Oregon has the right answer when it comes to lengthy ballot propositions: those pages should be sent separately.  Last, we should do all we can to encourage and support Voters' Guides, a unique route for low-budget candidates (mainly challengers) to reach voters.

Roy A. Schotland
Professor Emeritus
Georgetown Law Center
600 New Jersey Ave. N.W.
Washington, D.C. 20001
202/662-9098
        fax: -9680

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
Sent: Friday, May 24, 2013 10:46 AM
To: law-election at UCI.edu
Subject: [EL] ELB News and Commentary 5/24/13

"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 written this 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> | Comments Off
"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> | Comments Off
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> | Comments Off
"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> | Comments Off
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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"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> | Comments Off
"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>, The Voting Wars<http://electionlawblog.org/?cat=60> | Comments Off
"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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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<mailto:rhasen at law.uci.edu>

http://law.uci.edu/faculty/page1_r_hasen.html

http://electionlawblog.org
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