[EL] ELB News and Commentary 10/10/13

Wed Oct 9 20:27:23 PDT 2013

    Big Business Laments Loss of Influence Over Republican Party
    <http://electionlawblog.org/?p=55879>

Posted on October 9, 2013 8:11 pm 
<http://electionlawblog.org/?p=55879>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Must-read NYT: 
<http://www.nytimes.com/2013/10/10/us/business-groups-see-loss-of-sway-over-house-gop.html?ref=politics>

    "We ask them to carry our water all the time," said one corporate
    sector lobbyist, who demanded anonymity in order to speak frankly
    about the relationship with Republicans. "But we don't necessarily
    support them 100 percent of the time. And what has happened is the
    rise of an ideological wing that is now willing to stand up to
    business interests."

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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>

    "Florida Defends New Effort to Clean Up Voter Rolls"
    <http://electionlawblog.org/?p=55877>

Posted on October 9, 2013 8:01 pm 
<http://electionlawblog.org/?p=55877>by Rick Hasen 
<http://electionlawblog.org/?author=3>

NYT reports. 
<http://www.nytimes.com/2013/10/10/us/florida-defends-new-effort-to-clean-up-voter-rolls.html?_r=0>

A great factoid:

    The audience proved no less combative. One person questioned the
    wisdom of pursuing the purge when so little fraud is evident. "There
    are more shark attacks each year in Florida than voter fraud cases,"
    the person wrote in a question that was read aloud. "How much money
    is wasted on this?"

    The question, which drew a few laughs, was not quite accurate. Last
    year, 26 people in Florida were bitten by sharks and 85 noncitizens
    were removed from the rolls, although Mr. Detzner said the number
    was incomplete because the scrub of the rolls was never finished.

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

    "On campaign contributions, don't split the baby, Mr. Chief Justice"
    <http://electionlawblog.org/?p=55875>

Posted on October 9, 2013 7:55 pm 
<http://electionlawblog.org/?p=55875>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Michael McGough 
<http://www.latimes.com/opinion/opinion-la/la-ol-roberts-campaign-supremecourt-20131009,0,2368531.story> 
at the LA Times.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>

    "Democracy and the Problem of the Partisan State"
    <http://electionlawblog.org/?p=55873>

Posted on October 9, 2013 7:44 pm 
<http://electionlawblog.org/?p=55873>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Yasmin Dawood has posted this draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2330495> on SSRN 
(forthcoming, NOMOS).  Here is the abstract:

    This article addresses the following question: when, and under what
    conditions, should partisanship play a role in democratic politics?
    I examine this question by focusing on an undertheorized issue,
    which I refer to as the problem of the partisan state. Most (if not
    all) theories of democracy describe the state as an impartial
    institution that acts on behalf of the whole. Yet even a cursory
    analysis of the political system in the United States reveals myriad
    ways in which the state acts as a partisan entity in the processes
    of democracy. For example, public officials, such as the President
    and members of Congress, seek to implement the partisan agenda of
    their respective parties. The problem of the partisan state arises
    when the state, instead of acting as an impartial body, acts as a
    partisan entity.

    Although the partisan state is ubiquitous, it has not received a
    sustained theoretical analysis within democratic theory. This
    article seeks to develop an account of when, and under what
    conditions, partisan activities by the state are democratically
    legitimate. Rather than dismissing the partisan state as a failure
    of democratic theory, I argue, counterintuitively, that there are
    arguments within democratic theory to support the partisan state.

    This article draws a distinction between first-order partisanship
    and second-order partisanship. First-order partisanship encompasses
    the selection of public policies and the selection of public
    officials. An example of first-order partisanship is the
    implementation by the President of the partisan agenda of his or her
    political party. Second-order partisanship encompasses the selection
    of the rules by which public policies and public officials are
    selected. An example of second-order partisanship is the influence
    of partisanship on electoral redistricting. This article argues that
    first-order partisanship has a qualified claim to democratic
    legitimacy while second-order partisanship has almost no claim to
    democratic legitimacy. The reason for this difference is that
    first-order partisanship is largely consistent with the principle of
    self-government, while second-order partisanship, by contrast,
    undermines and disrupts self-government. The article then develops a
    typology by which to assess and judge the actions of the partisan state.

Recommended.

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Posted in theory <http://electionlawblog.org/?cat=41>

    "The case of McConnell vs. McConnell on campaign finance regulation"
    <http://electionlawblog.org/?p=55871>

Posted on October 9, 2013 7:42 pm 
<http://electionlawblog.org/?p=55871>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Wow 
<http://fatlip.leoweekly.com/2013/10/09/the-case-of-mcconnell-vs-mcconnell-on-campaign-finance-regulation/>. 
Someone unearthed a 1973 oped by Sen. McConnell endorsing low 
contribution limits, public financing, and full disclosure.

Of course people can change their minds on things. This doesn't make the 
Senator a hypocrite.  But it is quite a swing.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>

    Talk About Efficiency in Election Administration!
    <http://electionlawblog.org/?p=55869>

Posted on October 9, 2013 7:40 pm 
<http://electionlawblog.org/?p=55869>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Oops: Azerbaijan released election results before voting had even 
started 
<http://www.washingtonpost.com/blogs/worldviews/wp/2013/10/09/oops-azerbaijan-released-election-results-before-voting-had-even-started/>

Beat that Doug Chapin!

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Posted in chicanery <http://electionlawblog.org/?cat=12>, election 
administration <http://electionlawblog.org/?cat=18>

    "How Government Dysfunction and Big Money Fuel the Shutdown"
    <http://electionlawblog.org/?p=55867>

Posted on October 9, 2013 7:38 pm 
<http://electionlawblog.org/?p=55867>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Erik Opsal 
<http://www.brennancenter.org/blog/how-government-dysfunction-and-big-money-fuel-shutdown>of 
the Brennan Center blogs.

I'm skeptical 
<http://www.harvardlawreview.org/issues/126/december12/Book_Review_9410.php> 
that reforming campaign finance would do much to help political 
polarization.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
political parties <http://electionlawblog.org/?cat=25>, political 
polarization <http://electionlawblog.org/?cat=68>

    Two from Benjamin Sachs <http://electionlawblog.org/?p=55865>

Posted on October 9, 2013 7:35 pm 
<http://electionlawblog.org/?p=55865>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Campaign Finance and the Supreme Court: The Disparate Treatment of 
Unions and Corporations 
<http://onlabor.org/2013/10/09/campaign-finance-and-the-supreme-court-the-disparate-treatment-of-unions-and-corporations/>

Unions and Political Equality 
<http://onlabor.org/2013/10/08/unions-and-political-equality-a-new-approach/>

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Posted in campaign finance <http://electionlawblog.org/?cat=10>

    Fight in LA County Over Whether to Create Second Latino Sup.
    District; DOJ Uninterested <http://electionlawblog.org/?p=55860>

Posted on October 9, 2013 7:32 pm 
<http://electionlawblog.org/?p=55860>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Bill Boyarsky explains 
<http://www.laobserved.com/boyarsky/2013/10/ridley-thomas_backs_2nd_latino.php>.

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Posted in Department of Justice <http://electionlawblog.org/?cat=26>, 
Voting Rights Act <http://electionlawblog.org/?cat=15>

    "Florida Voter Purge Suit Heads Back to Court"
    <http://electionlawblog.org/?p=55857>

Posted on October 9, 2013 1:39 pm 
<http://electionlawblog.org/?p=55857>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Project Vote release. 
<http://www.projectvote.org/blog/2013/10/florida-voter-purge-lawsuit-heads-back-to-court/>

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Posted in NVRA (motor voter) <http://electionlawblog.org/?cat=33>, The 
Voting Wars <http://electionlawblog.org/?cat=60>

    More McCutcheon News and Commentaries
    <http://electionlawblog.org/?p=55854>

Posted on October 9, 2013 1:28 pm 
<http://electionlawblog.org/?p=55854>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Already great roundups with many links at How Appealing 
<http://howappealing.law.com/100913.html#052995>, SCOTUSBlog 
<http://www.scotusblog.com/2013/10/wednesday-round-up-202/>, and CCP. 
<http://www.campaignfreedom.org/what-you-need-to-know-about-mccutcheon-v-federal-election-commission/the-commentary/>

In addition, check out

Bob Bauer 
<http://www.moresoftmoneyhardlaw.com/2013/10/mr-mccutcheon-and-the-parties-before-the-court/>

Fred Wertheimer 
<http://www.democracy21.org/inside-the-courts/press-releases-inside-the-courts/statement-by-democracy-21-president-fred-wertheimer-on-mccutcheon-case/>

Brian Svoboda 
<http://www.lawandpoliticsupdate.com/2013/10/are-the-campaign-finance-laws-too-complicated-for-the-supreme-court/> 
(who asks if campaign finance law is too complicated for Supreme Court 
justices)

Zephyr Teachout 
<http://www.concurringopinions.com/archives/2013/10/a-portrait-of-politics-in-mccutcheon-oral-arguments.html>

Ray LaRaja 
<http://www.washingtonpost.com/blogs/monkey-cage/wp/2013/10/09/the-supreme-court-might-strike-down-overall-contribution-limits-and-thats-okay/>

Brendan Fischer 
<http://www.prwatch.org/news/2013/10/12269/did-scalia-really-say-citizens-united-lurks-behind-supreme-courts-latest-money-po>

Dana Milbank 
<http://www.washingtonpost.com/opinions/dana-milbank-supreme-court-poised-to-make-a-bad-situation-worse/2013/10/08/69c40840-3056-11e3-bbed-a8a60c601153_story.html>

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme 
Court <http://electionlawblog.org/?cat=29>

    "Do Politicians Care If They Get Caught Lying? A study suggests
    lawmakers are less likely to make false statements when they know
    fact-checkers are monitoring them."
    <http://electionlawblog.org/?p=55852>

Posted on October 9, 2013 1:17 pm 
<http://electionlawblog.org/?p=55852>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Molly Ball discusses 
<http://www.theatlantic.com/politics/archive/2013/10/do-politicians-care-if-they-get-caught-lying/280369/> 
what sounds like an interesting paper by Brendan Nyhan of Dartmouth and 
Jason Reifler of the University of Exeter.  I don't see a link to the 
paper in Molly's article.

UPDATE: Read the paper itself 
<http://www.dartmouth.edu/%7Enyhan/fact-checking-elites.pdf>and theNAF 
report. 
<http://www.newamerica.net/sites/newamerica.net/files/policydocs/nyhan-reifler-report-naf.pdf>

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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://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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