[EL] legislation news 9/20/13
Rick Hasen
rhasen at law.uci.edu
Thu Sep 19 20:42:16 PDT 2013
"Calif. Agency Adopts Blogger Pay Rule, Fines for Shadow Lobbying,
Ballot Activities" <http://electionlawblog.org/?p=55398>
Posted on September 19, 2013 6:26 pm
<http://electionlawblog.org/?p=55398>by Rick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg BNA
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=36630596&vname=mpebulallissues&jd=a0e1x0g4v5&split=0>:
"California's Fair Political Practices Commission (FPPC) has adopted
regulations to require campaign committees to disclose payments to
bloggers and others who post online content."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
campaigns <http://electionlawblog.org/?cat=59>
"Governor Brewer, Personal SuperPAC Benefit From Company Privatizing
Arizona Rest Stops" <http://electionlawblog.org/?p=55396>
Posted on September 19, 2013 6:21 pm
<http://electionlawblog.org/?p=55396>by Rick Hasen
<http://electionlawblog.org/?author=3>
Arizona's Politics
<http://arizonaspolitics.blogspot.com/2013/09/governor-brewer-personal-superpac.html>:
"The week that a major Request for Proposals went out to privatize the
state's highway rest areas, Arizona Governor Jan Brewer was hosted in
Tennessee and her personal Super PAC received contributions and
underwriting from the Tennessee company proposing the public-private
partnership."
MORE
<http://arizonaspolitics.blogspot.com/2013/09/arizona-privies-privatized-pretty.html>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
Quote of the Day, FEC Response Edition
<http://electionlawblog.org/?p=55394>
Posted on September 19, 2013 6:17 pm
<http://electionlawblog.org/?p=55394>by Rick Hasen
<http://electionlawblog.org/?author=3>
"This Committee ... is unaware that the late Ayn Rand
<http://www.aynrand.org/site/PageServer?pagename=about_ayn_rand_aynrand_biography>,
noted philosopher and author and of /Atlas Shrugged/, is seeking
election to federal office," Stand with Rand PAC wrote.
---CPI
<http://www.publicintegrity.org/2013/09/19/13441/stand-rand-pac-takes-stand>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
election commission <http://electionlawblog.org/?cat=24>
11th Circuit Reverses Case for Likely Trial on Constitutionality of
Alabama Ban on PAC-to-PAC Transfers
<http://electionlawblog.org/?p=55392>
Posted on September 19, 2013 5:15 pm
<http://electionlawblog.org/?p=55392>by Rick Hasen
<http://electionlawblog.org/?author=3>
Unpublished opinion <http://www.ca11.uscourts.gov/unpub/ops/201116040.pdf>:
In sum, we conclude that the district court---given the material
issues of fact that exist---erred in holding that the State's
interest in preventing corruption or the appearance of corruption
was insufficient as a matter of law to justify the ban on PAC-to-PAC
transfers. Whether the anti-corruption interest is sufficient in
light of the evidence in the record in this case, and whether the
transfer ban is a closely drawn means of furthering that interest,
given ADC's dual account proposal, are mixed questions of law and
fact that should be explored in the first instance by the district
court.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Justice Delayed Is Justice Denied; Texas Correct to Appeal Reversal
of DeLay Conviction" <http://electionlawblog.org/?p=55390>
Posted on September 19, 2013 3:34 pm
<http://electionlawblog.org/?p=55390>by Rick Hasen
<http://electionlawblog.org/?author=3>
Public Citizen has issued this press release.
<http://www.citizen.org/pressroom/pressroomredirect.cfm?ID=3979>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
chicanery <http://electionlawblog.org/?cat=12>
"Why Was Tom DeLay's Conviction Tossed? Corporate love set him
free." <http://electionlawblog.org/?p=55388>
Posted on September 19, 2013 11:31 am
<http://electionlawblog.org/?p=55388>by Rick Hasen
<http://electionlawblog.org/?author=3>
My new /Slate /jurisprudence Essay
<http://www.slate.com/articles/news_and_politics/jurisprudence/2013/09/tom_delay_s_conviction_reversed_on_appeal.html>
begins:
Some liberals are no doubt disappointed to hear that a Texas
appellate court today, on a 2-1 vote, reversed the conviction
<http://electionlawblog.org/?p=55380> of former U.S. House Majority
Leader Tom DeLay. They shouldn't be. There were good reasons to
think
<http://www.slate.com/articles/news_and_politics/jurisprudence/2012/04/john_edwards_should_not_be_prosecuted_for_campaign_finance_violations_.html>
that DeLay's prosecution in Texas for violations of state campaign
finance law, like the federal prosecutions of former presidential
candidate John Edwards
<http://www.slate.com/articles/news_and_politics/jurisprudence/2012/04/john_edwards_should_not_be_prosecuted_for_campaign_finance_violations_.html>
and former Alabama Gov. Don Siegelman, involved politically
motivated charges brought by overzealous prosecutors. Today's ruling
is a window into the world of corporate access to elected officials,
for sure. But it confirms that the big problem is not what's
illegal, but what's legal. Check this out: The appeals court saved
Tom DeLay's hide by concluding that corporations were giving money
to get "face time" with him.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
chicanery <http://electionlawblog.org/?cat=12>
Reactions to DeLay Verdict <http://electionlawblog.org/?p=55384>
Posted on September 19, 2013 9:42 am
<http://electionlawblog.org/?p=55384>by Rick Hasen
<http://electionlawblog.org/?author=3>
CCP
<http://www.campaignfreedom.org/2013/09/19/appeals-court-acquits-tom-delay/>
Wyoming Liberty
<http://wyliberty.org/feature/wyliberty-arguments-prevail-in-important-free-speech-case/>
Burnt Orange Report
<http://www.burntorangereport.com/diary/14092/tom-delay-conviction-overturned-by-third-court-of-appeals-in-austin>
My own thoughts on this case will be coming soon.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
chicanery <http://electionlawblog.org/?cat=12>
Tom DeLay Conviction Reversed 2-1 By Texas Appellate Court
<http://electionlawblog.org/?p=55380>
Posted on September 19, 2013 7:45 am
<http://electionlawblog.org/?p=55380>by Rick Hasen
<http://electionlawblog.org/?author=3>
Big news
<http://www.khou.com/news/texas-news/Tom-DeLay-verdict-overturned-by-Texas-appellate-court-224405491.html>
from Texas.
You can read the majority
<http://electionlawblog.org/wp-content/uploads/CR11-087.pdf> and
dissenting
<http://electionlawblog.org/wp-content/uploads/CR11-087.diss_.pdf>
opinions. The majority requires a judgment of acquittal based on legally
insufficient evidence, not a new trial.
There could be further appeals.
I expressed concerns about political prosecutions of people like DeLay,
John Edwards and Don Siegelman in this /Slate /piece.
<http://www.slate.com/articles/news_and_politics/jurisprudence/2012/04/john_edwards_should_not_be_prosecuted_for_campaign_finance_violations_.html>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
campaigns <http://electionlawblog.org/?cat=59>, chicanery
<http://electionlawblog.org/?cat=12>
"Everyday heroes etched in Supreme Court history"
<http://electionlawblog.org/?p=55378>
Posted on September 19, 2013 7:37 am
<http://electionlawblog.org/?p=55378>by Rick Hasen
<http://electionlawblog.org/?author=3>
USA Today
<http://www.usatoday.com/story/news/nation/2013/09/18/plaintiffs-etched-in-supreme-court-history/2834421/>:
Shaun McCutcheon is fast becoming a household name --- at least in
lofty legal and political circles. "A lot of people know me," the
46-year-old electrical engineer from Alabama says with obvious
satisfaction.
McCutcheon's name sits atop a case headed to the Supreme Court early
next month. Should he win --- and most court watchers think he will
--- wealthy political donors will be able to give limited
contributions to as many federal candidates and committees as they want.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme
Court <http://electionlawblog.org/?cat=29>
"IRS Suspends Examinations Of Exempt Organizations' Political
Activity" <http://electionlawblog.org/?p=55376>
Posted on September 19, 2013 7:26 am
<http://electionlawblog.org/?p=55376>by Rick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg BNA
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=36605688&vname=mpebulallissues&jd=a0e1w4u9f4&split=0>:
All Internal Revenue Service examinations of exempt organizations
for possibly engaging in too much political activity are on hold
until the agency reviews its processes, Acting Commissioner Daniel
Werfel said.
The revelation came during a Sept. 18 House Ways and Means Oversight
Subcommittee hearing on the Service's actions in relation to groups
applying for tax exemption, following a May Treasury Inspector
General for Tax Administration audit that found the agency
inappropriately screened conservative groups' applications for tax
exemption.
See also this written statemen <http://t.co/FW12g8uaRc>t from Werfel.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22>
Hello Cincinnati! <http://electionlawblog.org/?p=55374>
Posted on September 19, 2013 7:23 am
<http://electionlawblog.org/?p=55374>by Rick Hasen
<http://electionlawblog.org/?author=3>
The Presidential Commission on Election Administration (Bauer-Ginsberg)
is in Cincinnati for a hearing today and tomorrow.
Catch the live webstream at supportthevoter.gov
<https://www.supportthevoter.gov/commission-meeting-livestream/>.
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Posted in election administration <http://electionlawblog.org/?cat=18>
"In Virginia, Slow Going So Far on Rights Restoration for Felons"
<http://electionlawblog.org/?p=55372>
Posted on September 19, 2013 7:21 am
<http://electionlawblog.org/?p=55372>by Rick Hasen
<http://electionlawblog.org/?author=3>
A Chapinblog.
<http://blog.lib.umn.edu/cspg/electionacademy/2013/09/in_virginia_slow_going_so_far.php>
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Posted in election administration <http://electionlawblog.org/?cat=18>,
felon voting <http://electionlawblog.org/?cat=66>
"Judge rules Montana campaign disclosure law constitutional"
<http://electionlawblog.org/?p=55370>
Posted on September 18, 2013 11:02 am
<http://electionlawblog.org/?p=55370>by Rick Hasen
<http://electionlawblog.org/?author=3>
AP
<http://missoulian.com/news/state-and-regional/judge-rules-montana-campaign-disclosure-law-constitutional/article_5e251112-1ff0-11e3-b00f-0019bb2963f4.html>:
"A federal judge ruled Tuesday that Montana's requirement that political
committees disclose their campaign spending is constitutional. U.S.
District Judge Dana Christensen sided with the state in a new decision,
and dismissed a case brought last year by the National Association for
Gun Rights."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Campaign Watchdog to Get New Blood, but Other Fixes Await"
<http://electionlawblog.org/?p=55368>
Posted on September 18, 2013 9:55 am
<http://electionlawblog.org/?p=55368>by Rick Hasen
<http://electionlawblog.org/?author=3>
Eliza's latest.
<http://blogs.rollcall.com/beltway-insiders/campaign-watchdog-to-get-new-blood-but-other-fixes-await/>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Tea party wants socialist treatment"
<http://electionlawblog.org/?p=55366>
Posted on September 18, 2013 8:48 am
<http://electionlawblog.org/?p=55366>by Rick Hasen
<http://electionlawblog.org/?author=3>
Politico
<http://www.politico.com/story/2013/09/tea-party-fec-socialist-treatment-96988.html>:
"A national tea party group is asking
<http://images.politico.com/global/2013/09/17/2013-09-16_tea_party_leadership_fund_aor.html>
for permission to keep their donors secret --- just like the socialists."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Donors' Funds Sidestep Law, Aiding Christie"
<http://electionlawblog.org/?p=55364>
Posted on September 18, 2013 8:43 am
<http://electionlawblog.org/?p=55364>by Rick Hasen
<http://electionlawblog.org/?author=3>
NYT
<http://www.nytimes.com/2013/09/18/nyregion/donors-funds-sidestep-law-aiding-christie.html?hp>:
Mr. Christie's close relationship with the association provides a
playbook for how carefully choreographed independent spending
campaigns can undermine the rules meant to curtail the political
influence of government contractors; New Jersey's pay-to-play law
<https://wwwnet1.state.nj.us/lpd/elec/ptp/p2p.html> strictly limits
the participation of state contractors in political giving.
According to an analysis by The New York Times, a third of the $1.65
million the association raised in New Jersey came from people and
businesses who had significant contracts with the state, or from
utilities, which are prohibited from making any contributions to
candidates for governor.
That money has helped set the stage for what Christie allies hope
will be an overwhelming re-election victory this November in a
Democratic-leaning state, boosting his prospects going into the 2016
presidential race.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"In Bethel and elsewhere, minority parties knocked off ballot"
<http://electionlawblog.org/?p=55362>
Posted on September 17, 2013 9:05 pm
<http://electionlawblog.org/?p=55362>by Rick Hasen
<http://electionlawblog.org/?author=3>
Connecticut minor parties
<http://www.newstimes.com/local/article/In-Bethel-and-elsewhere-minority-parties-knocked-4822352.php>
shut out ask: incompetence or worse?
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Posted in ballot access <http://electionlawblog.org/?cat=46>, third
parties <http://electionlawblog.org/?cat=47>
"Many Election Law Cases are Pending in the U.S. Supreme Court"
<http://electionlawblog.org/?p=55360>
Posted on September 17, 2013 9:03 pm
<http://electionlawblog.org/?p=55360>by Rick Hasen
<http://electionlawblog.org/?author=3>
Richard Winger rounds them up
<http://www.ballot-access.org/many-election-law-cases-are-in-front-of-the-u-s-supreme-court/>.
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>
"The Money Behind the Shutdown Crisis"
<http://electionlawblog.org/?p=55358>
Posted on September 17, 2013 8:54 pm
<http://electionlawblog.org/?p=55358>by Rick Hasen
<http://electionlawblog.org/?author=3>
NYT editorial
<http://www.nytimes.com/2013/09/18/opinion/the-money-behind-the-shutdown-crisis.html?ref=politics>on
the money behind the push to pressure Republican lawmakers to vote to
defund Obamacare.
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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>
"Dexter Douglass, a Lawyer for Gore in 2000 Recount, Dies at 83?
<http://electionlawblog.org/?p=55356>
Posted on September 17, 2013 8:52 pm
<http://electionlawblog.org/?p=55356>by Rick Hasen
<http://electionlawblog.org/?author=3>
Sad news
<http://www.nytimes.com/2013/09/18/us/politics/dexter-douglass-a-lawyer-for-gore-in-2000-recount-dies-at-83.html?ref=politics>.
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Posted in election law biz <http://electionlawblog.org/?cat=51>
"It's Time To End Our Failed Affair With Campaign Finance Laws"
<http://electionlawblog.org/?p=55354>
Posted on September 17, 2013 7:32 pm
<http://electionlawblog.org/?p=55354>by Rick Hasen
<http://electionlawblog.org/?author=3>
Paul Sherman writes
<http://www.forbes.com/sites/realspin/2013/09/15/its-time-to-end-our-failed-affair-with-campaign-finance-laws/>
for Forbes.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Campaign finance bills fare poorly in California Legislature"
<http://electionlawblog.org/?p=55352>
Posted on September 17, 2013 7:30 pm
<http://electionlawblog.org/?p=55352>by Rick Hasen
<http://electionlawblog.org/?author=3>
LA Times
<http://www.latimes.com/local/la-me-money-20130917,0,1446023.story?track=rss>:
After an anonymous $11-million donation from Arizona sent shock
waves through California politics last year, the state Capitol
seemed primed for new measures to tighten campaign finance rules.
But several proposals fell by the wayside as lawmakers finished
their work last week. Bills that would have increased the power of
California's campaign finance watchdog, boosted fines for violations
and forced greater disclosure of donors --- among other measures ---
stalled in the Legislature.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"The Recall is the New Normal" <http://electionlawblog.org/?p=55350>
Posted on September 17, 2013 7:27 pm
<http://electionlawblog.org/?p=55350>by Rick Hasen
<http://electionlawblog.org/?author=3>
Seth Masket writes
<http://www.psmag.com/politics/recall-election-now-thing-permanent-campaign-election-66344/>
at Pacific Standard.
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Posted in political parties <http://electionlawblog.org/?cat=25>,
political polarization <http://electionlawblog.org/?cat=68>, recall
elections <http://electionlawblog.org/?cat=11>
"IRS list reveals concerns over Tea Party 'propaganda'"
<http://electionlawblog.org/?p=55348>
Posted on September 17, 2013 5:33 pm
<http://electionlawblog.org/?p=55348>by Rick Hasen
<http://electionlawblog.org/?author=3>
USA Today
<http://www.usatoday.com/story/news/politics/2013/09/17/irs-tea-party-target-list-propaganda/2825003/>:
Newly uncovered IRS documents show the agency flagged political
groups based on the content of their literature, raising concerns
specifically about "anti-Obama rhetoric," inflammatory language and
"emotional" statements made by non-profits seeking tax-exempt status.
The internal 2011 documents
<http://www.usatoday.com/story/news/politics/2013/09/17/irs-tea-party-target-list-document/2827925/>,
obtained by USA TODAY, list 162 groups by name, with comments by
Internal Revenue Service lawyers in Washington raising issues about
their political, lobbying and advocacy activities. In 21 cases,
those activities were characterized as "propaganda."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22>
"Gessler entering GOP gubernatorial field of Hickenlooper
challengers" <http://electionlawblog.org/?p=55346>
Posted on September 17, 2013 5:13 pm
<http://electionlawblog.org/?p=55346>by Rick Hasen
<http://electionlawblog.org/?author=3>
It's official
<http://kdvr.com/2013/09/17/gessler-entering-gop-gubernatorial-field-of-hickenlooper-challengers/>.
Share
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Posted in election law biz <http://electionlawblog.org/?cat=51>
"McCutcheon's Multiplying Effect: Why An Overall Limit Matters"
<http://electionlawblog.org/?p=55344>
Posted on September 17, 2013 5:12 pm
<http://electionlawblog.org/?p=55344>by Rick Hasen
<http://electionlawblog.org/?author=3>
Bob Biersack writes
<http://www.opensecrets.org/news/2013/09/mccutcheons-multiplying-effect-why.html>
for Open Secrets.
I'll have more on this campaign finance case, to be heard by the Supreme
Court in October, very soon.
Share
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Former FEC chairman Donald McGahn resigns from panel"
<http://electionlawblog.org/?p=55341>
Posted on September 17, 2013 3:44 pm
<http://electionlawblog.org/?p=55341>by Rick Hasen
<http://electionlawblog.org/?author=3>
WaPo
<http://www.washingtonpost.com/politics/former-fec-chairman-donald-mcgahn-resigns-from-panel/2013/09/17/84ff1a88-1fca-11e3-94a2-6c66b668ea55_story.html>:
"Donald F. McGahn, the controversial former chairman of the Federal
Election Commission, resigned from the panel on Tuesday to return to
private practice, ending what campaign-finance reform advocates and
political practitioners called one of the most consequential tenures in
the commission's 38-year history."
It is fair to say he has done more in the cause of campaign finance
deregulation than anyone else on the Commission. To some that is
something to cheer; my review of McGahn's tenure was not favorable
<http://www.slate.com/articles/news_and_politics/jurisprudence/2011/01/the_fec_is_as_good_as_dead.html>.
He resigns as it looks like a vote on his replacement (and filling of a
Democratic FEC seat) will soon happen in the Senate.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
election commission <http://electionlawblog.org/?cat=24>
"A call for a right-to-vote amendment on Constitution Day"
<http://electionlawblog.org/?p=55339>
Posted on September 17, 2013 3:25 pm
<http://electionlawblog.org/?p=55339>by Rick Hasen
<http://electionlawblog.org/?author=3>
Janai Nelson
<http://blogs.reuters.com/great-debate/2013/09/17/a-call-for-a-right-to-vote-amendment-on-constitution-day/>
Reuters oped.
Share
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Posted in voting <http://electionlawblog.org/?cat=31>
"Fourth DCA Reverses Earlier Opinion, Holds Pre-Election Challenges
Are Subject to Anti-SLAPP Statute"
<http://electionlawblog.org/?p=55337>
Posted on September 17, 2013 3:21 pm
<http://electionlawblog.org/?p=55337>by Rick Hasen
<http://electionlawblog.org/?author=3>
Nielsen Merksamer
<http://web.nmgovlaw.com/news/2/78/Fourth-DCA-Reverses-Earlier-Opinion-Holds-Pre-Election-Challenges-Are-Subject-to-Anti-SLAPP-Statute/>:
"Ballot measure opponents have new reason to be cautious about filing
pre-election litigation challenging a proposed measure, because the
Court of Appeal for the Fourth District recently reversed its own 2007
decision in /City of Riverside v. Stansbury/, which had held that where
a pre-election lawsuit does not limit an initiative proponent's actions
to /qualify/ a measure for the ballot, California's anti-SLAPP statute
(Code of Civil Procedure § 425.16) does not apply. The new case is
*/Mission Springs Water Dist. v. Verjil/, 218 Cal. App. 4th 892 (2013)
<http://r20.rs6.net/tn.jsp?e=001wZXDMCELQC7F_MWGTKoAi-GrpIU71cnRuL6tMUYBZW7Y7ZFRCGo0-6Rb6uBBOxcsjMufugR9joyFh4c1pYdi3CfbQhGsyONmtpbTER0_M371OuWqMzIYjWb5yCpMSXQpzfu0Bf8JzSPr7HE6Wg0ElP-HRIaIrltuGFu8ci7FZowU90lFY0SB9ZrccyyM5w4fmHm8R0TwBBqgDI-4uCpfH9Dq7V89vqyiHbSsDxAl1rZybXUxYFrnM71MnaFt--T935_SuKvUQkPfu1X1R3kNGltIedWoa2oqnj98ZwYiWn3J_-ihRwkUFiozGXyrIjG4>*.
It holds that pre-election challenges, regardless of timing or the
remedy sought, are subject to an anti-SLAPP motion."
Share
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Posted in direct democracy <http://electionlawblog.org/?cat=62>
"Texas Voter ID Violates Voting Rights Act and the Constitution,
Groups Challenge Law in Federal Court"
<http://electionlawblog.org/?p=55330>
Posted on September 17, 2013 2:04 pm
<http://electionlawblog.org/?p=55330>by Rick Hasen
<http://electionlawblog.org/?author=3>
Brennan Center
<http://www.brennancenter.org/press-release/texas-voter-id-law-violates-voting-rights-act-and-constitution-groups-challenge>:
"Today, the Texas State Conference of the NAACP and the Mexican American
Legislative Caucus of the Texas House of Representatives (MALC) filed
suit
<http://www.brennancenter.org/sites/default/files/legal-work/Texas_voterID_091713.pdf>
in federal court to block the state's new voter ID law because it erects
discriminatory barriers to voting in violation of the Voting Rights Act
and the 14th and 15th Amendments to the U.S. Constitution."
Share
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60>, voter id
<http://electionlawblog.org/?cat=9>, Voting Rights Act
<http://electionlawblog.org/?cat=15>
"Plaintiffs propose trial schedule in Texas redistricting case"
<http://electionlawblog.org/?p=55325>
Posted on September 17, 2013 10:58 am
<http://electionlawblog.org/?p=55325>by Rick Hasen
<http://electionlawblog.org/?author=3>
The latest.
<http://txredistricting.org/post/61511389675/plaintiffs-propose-trial-schedule-in-texas>
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D55325&title=%E2%80%9CPlaintiffs%20propose%20trial%20schedule%20in%20Texas%20redistricting%20case%E2%80%9D&description=>
Posted in redistricting <http://electionlawblog.org/?cat=6>, Voting
Rights Act <http://electionlawblog.org/?cat=15>
"CCP's Response to Sen. Durbin's Request for Information"
<http://electionlawblog.org/?p=55323>
Posted on September 17, 2013 10:56 am
<http://electionlawblog.org/?p=55323>by Rick Hasen
<http://electionlawblog.org/?author=3>
David Keating:
<http://www.campaignfreedom.org/2013/09/16/ccps-response-to-sen-durbins-request-for-information/>
On behalf of the Center for Competitive Politics (CCP) , I am
writing in response to your August 6 letter inquiring as to the
Center's involvement with the American Legislative Exchange Council
(ALEC) and our position on "stand your ground" laws.
According to news accounts, you have sent similar or identical
letters to more than 300 groups and you are quoted in an article as
saying, "My concern is with the lack of transparency. As a public
official, when I take a position, I stand up to explain and defend
it. I file annual financial disclosures, campaign finance reports
and have to face the scrutiny of public opinion."
MORE
<http://washingtonexaminer.com/sen.-dick-durbins-senate-hearing-aims-to-suppress-alec-donors/article/2535843>
from Keating.
Share
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"New Timeline Outlines History of the IRS Scandal"
<http://electionlawblog.org/?p=55321>
Posted on September 17, 2013 10:54 am
<http://electionlawblog.org/?p=55321>by Rick Hasen
<http://electionlawblog.org/?author=3>
CCP
<http://www.campaignfreedom.org/2013/09/17/new-timeline-outlines-history-of-the-irs-scandal/>:
"The Center for Competitive Politics released a timeline today
<http://www.campaignfreedom.org/external-relations/irs-and-the-tea-party/irs-scandal-timeline/>
about the events leading up to and surrounding the IRS targeting
scandal, in which the Agency targeted conservative groups for special
scrutiny in its review of tax exemption applications. The timeline
examines a wide variety of actions by elected officials, IRS executives,
and outside organizations."
Share
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22>
Ravel and Goodman Get Unanimous Rules Committee Approval for FEC
Spots <http://electionlawblog.org/?p=55319>
Posted on September 17, 2013 10:50 am
<http://electionlawblog.org/?p=55319>by Rick Hasen
<http://electionlawblog.org/?author=3>
Does this mean
<http://www.huffingtonpost.com/the-center-for-public-integrity/fec-nominees-win-rules-co_b_3942343.html>
it will be smooth sailing on the Senate floor?
Share
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
election commission <http://electionlawblog.org/?cat=24>
"Poll: Voter ID popular, other election changes less so"
<http://electionlawblog.org/?p=55317>
Posted on September 16, 2013 9:24 pm
<http://electionlawblog.org/?p=55317>by Rick Hasen
<http://electionlawblog.org/?author=3>
News
<http://www.news-record.com/news/local_news/article_edc1b6c2-1f1e-11e3-b7b5-001a4bcf6878.html>from
North Carolina: "Requiring a photo ID at the polls is popular with North
Carolinians, but other voting regulations Republicans put into an
elections overhaul bill earlier this year don't fare nearly as well,
according to a High Point University/News & Record poll conducted last
week."
Share
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>
"Kansas won't require citizenship proof for driver's license
renewals" <http://electionlawblog.org/?p=55315>
Posted on September 16, 2013 9:20 pm
<http://electionlawblog.org/?p=55315>by Rick Hasen
<http://electionlawblog.org/?author=3>
AP
<http://cjonline.com/news/2013-09-16/kansas-wont-require-citizenship-proof-drivers-license-renewals>:
"Kansas no longer plans to require people renewing driver's licenses to
produce proof that they are living in the U.S. legally, Revenue
Secretary Nick Jordan said Monday, confirming a policy shift with
implications for the state's administration of a separate
proof-of-citizenship requirement for new voters."
Share
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Posted in election administration <http://electionlawblog.org/?cat=18>
"'Citizens' Ruling Spurred Fears at IRS of Tea-Party Challenge"
<http://electionlawblog.org/?p=55313>
Posted on September 16, 2013 9:17 pm
<http://electionlawblog.org/?p=55313>by Rick Hasen
<http://electionlawblog.org/?author=3>
WSJ
<http://online.wsj.com/article/SB10001424127887324755104579073504238039662.html>:
"Internal Revenue Service officials worried that tea-party groups would
challenge tax-code restrictions on political activity in the wake of a
2010 Supreme Court decision on campaign spending, according to recently
disclosed emails on the agency's scrutiny of conservative groups."
Share
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22>
"Amid Revolt Over Fiscal 'Gimmicks,' Options Dwindle for G.O.P."
<http://electionlawblog.org/?p=55311>
Posted on September 16, 2013 8:08 pm
<http://electionlawblog.org/?p=55311>by Rick Hasen
<http://electionlawblog.org/?author=3>
NYT:
<http://www.nytimes.com/2013/09/17/us/politics/amid-revolt-over-fiscal-gimmicks-options-dwindle-for-gop.html?ref=politics>
For three years, Congressional leaders have relied on tactical
maneuvers, sleights of hand and sheer gimmickry to move the nation
from one fiscal crisis to the next --- with little strategy to deal
with the actual problems at hand. Medicare
<http://topics.nytimes.com/top/news/health/diseasesconditionsandhealthtopics/medicare/index.html?inline=nyt-classifier>
and Social Security
<http://topics.nytimes.com/top/reference/timestopics/subjects/s/social_security_us/index.html?inline=nyt-classifier>
continue to swell with an aging population. Health care costs grow.
A burdensome tax code remains unchanged, and economic revival is
shadowed by the specter of Washington's crisis-driven mismanagement.
Now, with a government shutdown looming at month's end and a
crippling default on the nation's debt possible by mid-October,
Congressional leaders may have run out the string on legislative
trickery. Conservative Republicans in the House have declared they
will not go along with any more gimmickry from their leadership.
Democrats have vowed they will not help Republican leaders out of
their jam without some easing of spending cuts. And a way forward
--- to keep the government operating and solvent, and to protect the
international economy from a default-driven shock wave --- is
nowhere to be found as the House is set to vote this week on a
stopgap spending plan.
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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>
NYT Editorial: NYC Board of Elections a "Disgrace," Needs
Replacement with Professionals <http://electionlawblog.org/?p=55309>
Posted on September 16, 2013 7:56 pm
<http://electionlawblog.org/?p=55309>by Rick Hasen
<http://electionlawblog.org/?author=3>
NYT Ed
<http://www.nytimes.com/2013/09/17/opinion/thompson-bows-out.html?partner=rssnyt&emc=rss>:
In leaving the race, Mr. Thompson called the board's failure to
deliver official results nearly a week after the vote a "disgrace."
He's right, though its incompetence is hardly a surprise. This was
the election, after all, where more than 5,000 antique lever-action
voting machines had to be dragged out of storage because the board
knew it couldn't get optical-scanning machines ready for a possible
runoff. The board, whose members are appointed by county leaders of
both parties, is a patronage-riddled agency with one job, which it
does very poorly. Last Friday, workers were caught snoozing among
the voting machines
<http://www.nytimes.com/2013/09/14/nyregion/as-vote-verification-begins-thompson-stays-hopeful.html>
they were supposed to be rechecking.
The most appealing solution is just to abolish the board, as Mayor
Michael Bloomberg has urged for years, and to replace it with a
nonpartisan body of skilled professionals. But that would require
rewriting the State Constitution, which the Legislature would resist.
Share
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Posted in election administration <http://electionlawblog.org/?cat=18>
FEC: Stop Stop Pelosi PAC <http://electionlawblog.org/?p=55306>
Posted on September 16, 2013 7:45 pm
<http://electionlawblog.org/?p=55306>by Rick Hasen
<http://electionlawblog.org/?author=3>
CPI
<http://www.publicintegrity.org/2013/09/16/13427/legal-fight-brewing-over-stop-pelosi-pac>.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D55306&title=FEC%3A%20Stop%20Stop%20Pelosi%20PAC&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
election commission <http://electionlawblog.org/?cat=24>
Nevada is Not Like Colorado---Recall Edition
<http://electionlawblog.org/?p=55304>
Posted on September 16, 2013 7:42 pm
<http://electionlawblog.org/?p=55304>by Rick Hasen
<http://electionlawblog.org/?author=3>
Gun rights supporters
<http://recallelections.blogspot.com/2013/09/nevada-attempt-to-recall-state-senator.html>might
have a tougher time in Nevada.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D55304&title=Nevada%20is%20Not%20Like%20Colorado%E2%80%94Recall%20Edition&description=>
Posted in recall elections <http://electionlawblog.org/?cat=11>
"New York's Campaign-Finance Law Worked, but New Yorkers Still Won't
Celebrate It" <http://electionlawblog.org/?p=55302>
Posted on September 16, 2013 7:41 pm
<http://electionlawblog.org/?p=55302>by Rick Hasen
<http://electionlawblog.org/?author=3>
Mark Schmitt:
<http://www.newrepublic.com/article/114737/campaign-finance-laws-new-york-elections>
The rise of outside money in New York campaigns is indeed a concern,
and could ultimately undermine the public-financing system, which is
finally gaining recognition as a model for reform at the state and
federal level that puts a higher priority on encouraging small
donors than restricting big ones, and that seems likely to withstand
constitutional challenge.
But let's put this new spending in perspective. Thanks to the city's
excellent disclosure requirements, we know that about $12.7 million
<http://www.nyccfb.info/VSApps/WebForm_Finance_Independent.aspx?as_election_cycle=2013>
was spent by independent groups in the primaries, with almost $5
million of that total coming from Jobs for New York, the real estate
group. A total of $105 million, in public and private money
combined, was spent by candidates themselves, the vast majority of
whom were abiding by voluntary spending limits. That is, about one
dollar in ten came through an outside group. By contrast, in the
2012 U.S. Senate races, outside groups spent about half as much as
candidates, even though none of the candidates were subject to
spending limits, and a study
<http://www.cfinst.org/Press/PReleases/12-11-09/Early_Post-Election_Look_at_Money_in_the_House_and_Senate_Elections_of_2012.aspx>
by the Campaign Finance Institute shortly after the election
indicated that in contested House and Senate races -- those decided
by 55% or less -- outside groups spent about the same amount as
candidates. In some state-level elections, such as in North Carolina
<http://www.southernstudies.org/2013/01/big-money-in-nc-outside-groups-unleashed-145-milli.html>,
outside spending exceeds the amounts spent by candidates.
Share
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"California lawmakers got a lot done in the last session"
<http://electionlawblog.org/?p=55300>
Posted on September 16, 2013 7:34 pm
<http://electionlawblog.org/?p=55300>by Rick Hasen
<http://electionlawblog.org/?author=3>
George Skelton in LA Times
<http://www.latimes.com/local/la-me-cap-legislature-20130916,0,4346178,full.column>
says its looser term limits, top two, and nonpartisan redistricting.
I'm not at all so sure that's the explanation.
More like: Democrats have a large enough majority in the CA legislature
that they do not need to compromise with Republicans.
Share
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Posted in citizen commissions <http://electionlawblog.org/?cat=7>,
political parties <http://electionlawblog.org/?cat=25>, primaries
<http://electionlawblog.org/?cat=32>, redistricting
<http://electionlawblog.org/?cat=6>
"Germantown woman pleads guilty to 2012 voter fraud; Linda Earlette
Wells pretended to be her mother, who had died"
<http://electionlawblog.org/?p=55298>
Posted on September 16, 2013 7:21 pm
<http://electionlawblog.org/?p=55298>by Rick Hasen
<http://electionlawblog.org/?author=3>
Another isolated
<http://www.gazette.net/article/20130913/NEWS/130919454/1007/germantown-woman-pleads-guilty-to-2012-voter-fraud&template=gazette>,
boneheaded, impersonation attempt.
Share
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Posted in chicanery <http://electionlawblog.org/?cat=12>, election
administration <http://electionlawblog.org/?cat=18>, The Voting Wars
<http://electionlawblog.org/?cat=60>
"Club for Growth takes aim at Obamacare as it continues to take on
GOP from the right" <http://electionlawblog.org/?p=55284>
Posted on September 16, 2013 7:15 pm
<http://electionlawblog.org/?p=55284>by Rick Hasen
<http://electionlawblog.org/?author=3>
Extensive and important/WaPo/ report
<http://www.washingtonpost.com/business/economy/club-for-growth-takes-aim-at-obamacare-as-its-continues-to-take-on-gop-from-the-right/2013/09/14/4626f0fa-1c65-11e3-82ef-a059e54c49d0_print.html>.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"Rand Paul wants to restore felons' voting rights"
<http://electionlawblog.org/?p=55295>
Posted on September 16, 2013 12:49 pm
<http://electionlawblog.org/?p=55295>by Rick Hasen
<http://electionlawblog.org/?author=3>
WaPo reports
<http://www.washingtonpost.com/blogs/post-politics/wp/2013/09/16/rand-paul-wants-to-restore-felons-voting-rights/>.
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Posted in felon voting <http://electionlawblog.org/?cat=66>
"A Note On Federal Campaign Finance Reform: Limiting The Right To
Make Campaign Contributions Without Violating The First Amendment"
<http://electionlawblog.org/?p=55293>
Posted on September 16, 2013 12:12 pm
<http://electionlawblog.org/?p=55293>by Rick Hasen
<http://electionlawblog.org/?author=3>
William G. Grigsby, Professor Emeritus of City and Regional Planning,
University of Pennsylvania, has writtenthis draft.
<http://www.scribd.com/doc/168662062/A-Note-on-Federal-Campaign-Finance-Reform-Limiting-the-Right-to-Make-Campaign-Contributions-Without-Violating-the-First-Amendment>
Here is the abstract:
The Supreme Court's decision in Citizens United v. Federal Election
Commission 130 S. Ct. 876 (2010), spawned an almost immediate
outpouring of campaign donations by corporations, unions, and
wealthy individuals to Presidential and Congressional.candidates.
The bulk of these new contributions are made through so-called Super
PACs and non-profit social welfare organizations (501(c)(4)s that
run campaigns supporting particular candidates while maintaining, at
least on paper, their independence from the campaigns of these
candidates. Even if the large contributions unleashed by Citizens
United do not lead to quid pro quo corruption or the appearance
thereof (and they clearly do the latter) they have a devastating
impact on America's representative democracy by enabling a
relatively few wealthy individuals and large corporations and unions
to have overwhelming influence over elected officials and election
outcomes, and in the process to substantially weaken the influence
of the people that candidates and office holders are supposed to
represent. According to one reputable study, in federal elections
the candidate with the largest war chest wins 94 percent of the
time. It is not simply the size of some contributions that is a
problem, it is equally or more so the fact that the large donors,
can vote with their dollars for candidates anywhere in the country.
In so doing, they are undermining this country's representative
democracy and replacing it with a political system best
characterized as governance by the wealthy few -- an unvarnished
plutocracy.
Most regrettably, none of the remedies which have been proposed to
address this problem would do very much to solve it. They leave the
Citizens United largely untouched, and they only peripherally
address the federal campaign finance excesses that were already in
place prior to Citizens United. If representative democracy in the
United States is to be saved, five changes in current law must be made:
1. The right to make financial contributions in a federal election
campaign, whether directly to a candidate or through a PAC or Super
PAC or a 50l(c0(4) organization, must be restricted to eligible
voters in the political jurisdiction in which the election is being
held. Rephrased, the right 'to make contributions must be
co-terminus with the right to vote. Voters in a Congressional
District should not have the value of their franchise diluted by
donations coming from outside their District or by non-natural
persons domiciled within their District. Placing boundaries on
voting speech but not on contributions speech -- the need for which
exists only because of the prior right of citizens to exercise
voting speech- makes no sense either Constitutionally or in terms of
simple logic.
2. For this proscription not to violate the freedom of speech
portion of the First Amendment, the Supreme Court must abandon the
legal fiction that political donations are a form of speech no
different from ordinary speech. Like construction loans that enable
a home to be built, money is usually needed if political speech is
to be heard, but it is not synonymous with that speech. To argue
otherwise is a grievous error in logic.
3. Contributions that are made through the Super PAC
independent-expenditure campaigns (IECs ), and 50 1( c)( 4)s by
persons and entities that are ineligible to cast a ballot must also
be prohibited because they are not functionally different from
either direct contributions or contributions made through PACs
despite their presumed independence from the campaigns of the
candidates they are assisting.
4. With respect to contributions to Presidential candidates, both
the primary campaigns and the general election must be treated as 51
separate campaigns because that is exactly what they are. In the
primaries, the general rules and regulations vary hugely from state
to state, and in the general election, the electoral college in
effect makes that contest a collection of individual state
elections, not a single national one.
5. In order to prevent the above restrictions from being
circumvented through the mis-use of so-called issue ads, any such ad
that includes the name of one of the candidates for office should be
treated as electioneering and subject to the same rules as those for
campaign contributions generally. Absent these reforms, we can kiss
the great American experiment in representative democracy good-bye.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"The Corporation and the Little Guy in the 11th Circuit"
<http://electionlawblog.org/?p=55291>
Posted on September 16, 2013 9:49 am
<http://electionlawblog.org/?p=55291>by Rick Hasen
<http://electionlawblog.org/?author=3>
Bauer's latest <http://www.moresoftmoneyhardlaw.com/2013/09/5736/>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Voting Rights Act leading California cities to dump at-large
elections" <http://electionlawblog.org/?p=55289>
Posted on September 16, 2013 7:46 am
<http://electionlawblog.org/?p=55289>by Rick Hasen
<http://electionlawblog.org/?author=3>
LA Times reports
<http://www.latimes.com/local/la-me-local-elections-20130915,0,409412,full.story>.
This is the California Voting Rights Act, not the federal one.
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Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>
W. Va. SOS Tennant Expected to Run for U.S. Senate
<http://electionlawblog.org/?p=55287>
Posted on September 16, 2013 7:33 am
<http://electionlawblog.org/?p=55287>by Rick Hasen
<http://electionlawblog.org/?author=3>
See here <http://www.dailymail.com/News/statehouse/201309150064>.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
election law biz <http://electionlawblog.org/?cat=51>
--
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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