[EL] ELB News and Commentary 9/24/13

Rick Hasen rhasen at law.uci.edu
Tue Sep 24 07:52:14 PDT 2013


    "A Moveable Court" <http://electionlawblog.org/?p=55457>

Posted on September 24, 2013 7:48 am 
<http://electionlawblog.org/?p=55457>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Pam Karla 
<http://www.bostonreview.net/karlans-court/windsor-shelby-scotus>n in 
/Boston Review/ on DOMA and the VRA.

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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting 
Rights Act <http://electionlawblog.org/?cat=15>


    "The next Citizens United could affect campaign spending in the
    states" <http://electionlawblog.org/?p=55455>

Posted on September 24, 2013 7:44 am 
<http://electionlawblog.org/?p=55455>by Rick Hasen 
<http://electionlawblog.org/?author=3>

WaPo reports 
<http://www.washingtonpost.com/blogs/govbeat/wp/2013/09/24/the-next-citizens-united-could-affect-campaign-spending-in-the-states/>.

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


    "The Opacity of 'Transparency'" <http://electionlawblog.org/?p=55453>

Posted on September 24, 2013 7:34 am 
<http://electionlawblog.org/?p=55453>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Bauer 
<http://www.moresoftmoneyhardlaw.com/2013/09/the-opacity-of-transparency/> 
on David Keating v. Sen. Durbin.

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


    "Trader Lost Millions Betting on Romney"
    <http://electionlawblog.org/?p=55451>

Posted on September 24, 2013 7:33 am 
<http://electionlawblog.org/?p=55451>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Political Wire 
<http://politicalwire.com/archives/2013/09/23/trader_lost_millions_betting_on_romney.html>:" 
A new academic paper 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2322420> digging 
into presidential betting in the final weeks of the 2012 election finds 
that a single trader lost between $4 million and $7 million placing a 
flurry of Intrade bets on Mitt Romney --- perhaps to make the Republican 
nominee's chance of victory appear brighter," the Wall Street Journal 
<http://blogs.wsj.com/washwire/2013/09/23/one-big-trader-lost-millions-betting-on-romney-study-finds/> 
reports."

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Posted in campaigns <http://electionlawblog.org/?cat=59>


    "Citizen and lobbyist access to Members of Congress: Who gets and
    who gives?" <http://electionlawblog.org/?p=55449>

Posted on September 24, 2013 7:32 am 
<http://electionlawblog.org/?p=55449>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Josh Brodbeck, Matthew T Harrigan and Daniel A Smith have writtenthis 
article 
<http://www.palgrave-journals.com/iga/journal/v2/n3/abs/iga201311a.html>in 
/Interest groups & Advocacy/ *2*, 323-342 (October 2013) | 
doi:10.1057/iga.2013.11. Here is the abstract:

    Members of Congress grant access to outsiders as a means of
    alleviating uncertainty over policies and elections. For those
    seeking access to Congress, a key factor determining their success
    is the appearance of usefulness, namely, the perceived ability to
    provide a Member of Congress with some resource that he or she
    desires. These resources come in a variety of forms, including
    votes, campaign contributions, policy expertise and public
    credibility. Given these assumptions, who is granted access to
    Congress, and which members are more likely to grant it? Previous
    studies have found a direct relationship between organization or
    Political Action Committee (PAC) contributions and access to Members
    of Congress, measured by the amount of contact. Some have gone a
    step further, finding that, while PACs play an indisputable role in
    access, the real driver is constituency, or at least salience to the
    district or state from which the Member of Congress hails. Here, we
    present the results of an experiment conducted in the spring and
    summer of 2010, in which one of the authors called the offices of
    each member of the Senate, first as a private citizen and then as a
    registered federal lobbyist, and requested a meeting with each
    senator to discuss a health care bill that had been languishing in
    committee for some time. Unsurprisingly, the registered lobbyist
    experienced a clear advantage over the ordinary citizen, securing 27
    meetings compared to just 7 as a citizen. The lobbyist was granted
    more access in other measurable categories, although party
    affiliation or campaign contributions had little effect. While
    previous studies have found strong PAC contribution and constituency
    effects on access, one important fact stands out from our
    experience: only 8 of the 100 Senate offices asked whether the
    lobbyist had an interest in the senator's state, and only 4 of the
    27 who granted meetings did so. Perhaps the assumption that a
    lobbyist, whether in- or out-of-state, is a potential source of
    campaign funds is strong enough to override the constituency effect,
    but we found no compelling evidence that membership on relevant
    committees or a past reliance on health sector or lobbyist
    contributions drove access. Rather, it appears as if 'lobbyist'
    simply works as a magic word when requesting access to a Member of
    Congress, with power beyond the borders of a state or district.
    Although the results of our experiment are limited, they do suggest
    that several questions about citizen and lobbyist access to Congress
    remain and need to be addressed, especially given the normative
    assumption that Members of Congress should represent the people they
    serve.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
legislation and legislatures <http://electionlawblog.org/?cat=27>, 
lobbying <http://electionlawblog.org/?cat=28>


    "Getting to a clean CR: A tour of the Senate's parliamentary weeds"
    <http://electionlawblog.org/?p=55447>

Posted on September 23, 2013 7:37 pm 
<http://electionlawblog.org/?p=55447>by Rick Hasen 
<http://electionlawblog.org/?author=3>

The indispensable Sarah Binder. 
<http://themonkeycage.org/2013/09/20/getting-to-a-clean-cr-a-tour-of-the-senates-parliamentary-weeds/>

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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>


    "Exclusive--IRS Offers True The Vote Tax Exempt Status, Files to
    Dismiss Lawsuit" <http://electionlawblog.org/?p=55445>

Posted on September 23, 2013 7:24 pm 
<http://electionlawblog.org/?p=55445>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Breitbart 
<http://www.breitbart.com/Big-Government/2013/09/23/Exclusive-IRS-offers-True-The-Vote-tax-exempt-status-in-bid-to-keep-lawsuit-from-proceeding>: 
"The Internal Revenue Service (IRS) has offered election integrity group 
True The Vote <http://www.truethevote.org/> its tax-exempt status in 
what appears to be a bid to keep the group from proceeding with 
discovery on its lawsuit against the agency, Breitbart News has learned 
exclusively."

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law 
and election law <http://electionlawblog.org/?cat=22>, The Voting Wars 
<http://electionlawblog.org/?cat=60>


    "Campaign funding and affirmative action come back before the
    Supreme Court" <http://electionlawblog.org/?p=55442>

Posted on September 23, 2013 7:18 pm 
<http://electionlawblog.org/?p=55442>by Rick Hasen 
<http://electionlawblog.org/?author=3>

This article 
<http://www.abajournal.com/magazine/article/campaign_funding_and_affirmative_action_come_back_before_the_supreme_court/> 
appears in the new issue of the /ABA Journall/

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


    "Federal Election Commission Gets New Blood"
    <http://electionlawblog.org/?p=55440>

Posted on September 23, 2013 5:43 pm 
<http://electionlawblog.org/?p=55440>by Rick Hasen 
<http://electionlawblog.org/?author=3>

CPI reports 
<http://www.publicintegrity.org/2013/09/23/13454/federal-election-commission-gets-new-blood>. 
(Headline feeds into the "FEC as vampires" theme, no?)

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal 
election commission <http://electionlawblog.org/?cat=24>


    "Officials: Voting rights legislation would have trouble passing
    Congress" <http://electionlawblog.org/?p=55438>

Posted on September 23, 2013 5:41 pm 
<http://electionlawblog.org/?p=55438>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Gazette.net: 
<http://www.gazette.net/article/20130923/NEWS/130929722/-1/officials-voting-rights-legislation-would-have-trouble-passing&template=gazette>"Despite 
the Montgomery County Council's support for a resolution asking Congress 
to reinstate part of a federal regulation meant to protect voting rights 
for more Americans, such a measure would have a hard time passing into 
law, according to several members of Maryland's congressional delegation 
who came to Rockville on Monday to support it. The resolution proposed 
by Council President Nancy Navarro (D-Dist. 4) of Silver Spring and 
supported by the other eight council members requests that Congress 
restore Section 4 of the Voting Rights Act, passed in 1964, which 
requires certain states and local jurisdictions to have their proposed 
changes to voting laws reviewed by the U.S. Justice Department for 
potential discriminatory effects."

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Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>


    Lois Lerner Retires from IRS <http://electionlawblog.org/?p=55434>

Posted on September 23, 2013 12:16 pm 
<http://electionlawblog.org/?p=55434>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Politico reports 
<http://www.politico.com/story/2013/09/lois-lerner-retires-irs-97217.html>.

    A Democratic congressional aide said the IRS was moving toward
    terminating Lerner after completing an investigation into her role
    in the targeting controversy.

    The IRS found that Lerner mismanaged her department and was
    "neglectful of duty" but found no evidence of political bias, the
    aide said.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
election law biz <http://electionlawblog.org/?cat=51>, tax law and 
election law <http://electionlawblog.org/?cat=22>


    Ravel and Goodman Confirmed as FEC Commissioners
    <http://electionlawblog.org/?p=55432>

Posted on September 23, 2013 12:06 pm 
<http://electionlawblog.org/?p=55432>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Politico reports. 
<http://www.politico.com/politico44/2013/09/senate-confirms-obamas-fec-nominees-173305.html>

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal 
election commission <http://electionlawblog.org/?cat=24>


    "Reforming California's Initiative Process"
    <http://electionlawblog.org/?p=55429>

Posted on September 23, 2013 11:52 am 
<http://electionlawblog.org/?p=55429>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Looks like an interesting PPIC event 
<http://www.ppic.org/main/event.asp?i=1392>on October 24 in Sacramento.

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Posted in direct democracy <http://electionlawblog.org/?cat=62>

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

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