[EL] Comptroller decision
Sean Parnell
sean at impactpolicymanagement.com
Mon Apr 7 09:13:18 PDT 2014
Actually there's only one reason given (2 month mid-cycle implementation).
Everything else in the release is, frankly, just whining.
I suppose the 2-month implementation issue may be a serious one,
particularly if it left a lot of the details up to regulators. But if I were
in his shoes I'd try to make it work, at least if I believed as strongly in
it has he claims. He's the incumbent after all, and a quick review on Google
(forgive me, research Gods!) shows that he has no declared challengers in
either the Democratic primary or the November general election, so whatever
problems there are with the program he's probably survive, and do so with a
$600,000 bank account at the beginning, surely enough to give him a leg up
on anybody else who might challenge him.
I am the last person to be surprised that campaign finance law is being used
in connection with political shenanigans, or that a legislature might not
have thought through everything before passing something into law. But aside
from "the law isn't everything we wanted," I have a hard time seeing serious
objections. DiNapoli could participate with some modest difficulties, same
as anyone else, and do so from the position of an incumbent with a hefty
bank account (plus the matching funds he'd presumably be able to get for
some of those donations) to start the ball rolling.
Sean Parnell
President
Impact Policy Management, LLC
6411 Caleb Court
Alexandria, VA 22315
571-289-1374 (c)
sean at impactpolicymanagement.com
From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Mark
Schmitt
Sent: Monday, April 07, 2014 11:57 AM
To: law-election at uci.edu
Subject: Re: [EL] Comptroller decision
Please note that all of diNapoli's reasons for opting out of the "program"
are the same reasons that advocates of public financing gave for strongly
opposing the last-minute gimmick that Cuomo and the legislature invented. If
you're skeptical of this "program," Sean, so am I and so is everyone else
who supports small-donor empowerment programs.
>From the Fair Elections NY statement:
"We had hoped that Governor Cuomo would seize an historic opportunity to
pass public financing of elections in this state budget for all state and
legislative races. He told us that he was pressing for consensus on a system
of public financing that would end pay-to-play politics in New York.
Instead, the final budget includes a "pilot" program that would apply only
to the State Comptroller's office and would need to be implemented in just
two months, mid-election cycle.
This proposal isn't a compromise. It's a capitulation to the deep-pocketed
interests that have so much sway at the Capitol and an affirmation of the
corrupt status quo that prevails in Cuomo's Albany.
The Governor didn't simply fail to act. He was dismissive of the Fair
Elections for New York coalition's efforts throughout the budget process and
stood in the way of achieving reform at critical moments in budget
negotiations.
At the same time, Cuomo disbanded the Moreland Commission, whose top
recommendation for fixing Albany's broken campaign finance system was to
enact public financing of elections for all statewide and legislative races.
The commission was supposed to be a catalyst for reform - instead Cuomo
ignored its proposals and ensured its investigations into public corruption
would cease."
Mark Schmitt
202/246-2350
gchat or Skype: schmitt.mark
twitter: mschmitt9
On Mon, Apr 7, 2014 at 11:28 AM, Rick Hasen <rhasen at law.uci.edu> wrote:
please use this thread if anyone responds to Sean.
On 4/7/2014 8:21 AM, Sean Parnell wrote:
I highly recommend the New York Times article Rick links to about New York
Comptroller' DiNapoli's decision to opt out of the taxpayer financed
campaign program in 2014, something he's been a longtime advocate for. It's
hilarious, at least if you're a skeptic of these programs.
DiNapoli's reasons, at least those stated in the article, boil down to the
following:
1. It starts in 2014, not 2018
2. The Board of Elections is in charge (he apparently is not a fan of
that body)
3. The funds come from the 'unclaimed property' account, which his
office administers
4. He'd have to give back about $1.5 million of the $2.1 million he's
already raised for the race
The program, limited to the Controller's race in 2014 (as DiNapoli has long
suggested), is generally modeled on New York City's, with a 6:1 match for
donations of $175 or less.
Why am I reminded of Augustine's prayer, "Lord, make me chaste, but not
yet!"?
Sean Parnell
President
Impact Policy Management, LLC
6411 Caleb Court
Alexandria, VA 22315
571-289-1374 (c)
sean at impactpolicymanagement.com
From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick
Hasen
Sent: Monday, April 07, 2014 10:32 AM
To: law-election at uci.edu
Subject: [EL] ELB News and Commentary 4/7/14
>From the Man Who Brought You Shelby County, NAMUDNO, and Fisher
<http://electionlawblog.org/?p=60158> .
Posted on April 7, 2014 7:30 am <http://electionlawblog.org/?p=60158> by
Rick Hasen <http://electionlawblog.org/?author=3>
<http://www.nytimes.com/2014/04/08/us/politics/edward-blum-one-man-organizat
ion-keeps-watchful-eye-on-college-race-admissions-policies-.html?ref=adamlip
tak&_r=0> .comes a new attack on affirmative action at universities.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D60158&title=From%20the%20Man%20Who%20Brought%20You%20Shelby%20County%2
C%20NAMUDNO%2C%20and%20Fisher%E2%80%A6&description=> Share
Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>
<http://electionlawblog.org/?p=60156> "The Only Form Of Corruption The
Supreme Court Cares About Is Almost Impossible To Prosecute"
Posted on April 7, 2014 7:29 am <http://electionlawblog.org/?p=60156> by
Rick Hasen <http://electionlawblog.org/?author=3>
Ryan Reilly and Paul Blumenthal
<http://www.huffingtonpost.com/2014/04/07/supreme-court-corruption_n_5093485
.html> report for HuffPo.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D60156&title=%E2%80%9CThe%20Only%20Form%20Of%20Corruption%20The%20Supre
me%20Court%20Cares%20About%20Is%20Almost%20Impossible%20To%20Prosecute%E2%80
%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> , Supreme
Court <http://electionlawblog.org/?cat=29>
Breaking: Supreme Court Denies Cert in Corporate Contributions Case
<http://electionlawblog.org/?p=60154>
Posted on April 7, 2014 7:26 am <http://electionlawblog.org/?p=60154> by
Rick Hasen <http://electionlawblog.org/?author=3>
This news
<http://bigstory.ap.org/article/high-court-rejects-new-campaign-finance-case
> is not surprising. This case, unlike most of the other campaign finance
cases the Court has taken in recent years, comes up on a petition for cert.
rather than on direct appeal. (This matters because a decision to deny cert.
means nothing, while the summary affirmance of an appeal has precedential
value). Plus, it is in line with Roberts' faux judicial restraint/go slow
<http://www.slate.com/articles/news_and_politics/jurisprudence/2014/04/the_s
ubtle_awfulness_of_the_mccutcheon_v_fec_campaign_finance_decision_the.html>
approach.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D60154&title=Breaking%3A%20Supreme%20Court%20Denies%20Cert%20in%20Corpo
rate%20Contributions%20Case&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> , Supreme
Court <http://electionlawblog.org/?cat=29>
Jost on McCutcheon <http://electionlawblog.org/?p=60152>
Posted on April 7, 2014 7:23 am <http://electionlawblog.org/?p=60152> by
Rick Hasen <http://electionlawblog.org/?author=3>
Here.
<http://jostonjustice.blogspot.com/2014/04/court-opens-door-to-yet-more-mone
y-in.html>
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D60152&title=Jost%20on%20McCutcheon&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> , Supreme
Court <http://electionlawblog.org/?cat=29>
<http://electionlawblog.org/?p=60150> "We Can Learn Something About
'Ingratiation and Access' from Journalists"
Posted on April 7, 2014 7:21 am <http://electionlawblog.org/?p=60150> by
Rick Hasen <http://electionlawblog.org/?author=3>
City Ethics blog.
<http://www.cityethics.org/content/we-can-learn-something-about-ingratiation
-and-access-journalists>
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D60150&title=%E2%80%9CWe%20Can%20Learn%20Something%20About%20%E2%80%98I
ngratiation%20and%20Access%E2%80%99%20from%20Journalists%E2%80%9D&descriptio
n=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10>
<http://electionlawblog.org/?p=60148> "Supreme Oligarchy"
Posted on April 7, 2014 7:20 am <http://electionlawblog.org/?p=60148> by
Rick Hasen <http://electionlawblog.org/?author=3>
E.J. Dionne
<http://www.washingtonpost.com/opinions/ej-dionne-jr-supreme-oligarchy/2014/
04/06/823f15ea-bc2e-11e3-9a05-c739f29ccb08_story.html> on McCutcheon.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D60148&title=%E2%80%9CSupreme%20Oligarchy%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> , Supreme
Court <http://electionlawblog.org/?cat=29>
<http://electionlawblog.org/?p=60146> "A Novel Proposal from Heather
Gerken: Plus One More, Also from Yale"
Posted on April 7, 2014 7:18 am <http://electionlawblog.org/?p=60146> by
Rick Hasen <http://electionlawblog.org/?author=3>
Bauer blogs.
<http://www.moresoftmoneyhardlaw.com/2014/04/novel-proposal-heather-gerken-p
lus-one-also-yale/>
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D60146&title=%E2%80%9CA%20Novel%20Proposal%20from%20Heather%20Gerken%3A
%20Plus%20One%20More%2C%20Also%20from%20Yale%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10>
<http://electionlawblog.org/?p=60144> "In Politics, Money is Speech"
Posted on April 7, 2014 7:10 am <http://electionlawblog.org/?p=60144> by
Rick Hasen <http://electionlawblog.org/?author=3>
Robert Samuelson
<http://www.washingtonpost.com/opinions/robert-j-samuelson-in-politics-money
-is-speech/2014/04/04/075df4ec-bc18-11e3-9a05-c739f29ccb08_story.html?hpid=z
5> WaPo column.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D60144&title=%E2%80%9CIn%20Politics%2C%20Money%20is%20Speech%E2%80%9D&d
escription=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> , Supreme
Court <http://electionlawblog.org/?cat=29>
<http://electionlawblog.org/?p=60142> "Big Money's Grip Stronger Than Ever"
Posted on April 7, 2014 7:09 am <http://electionlawblog.org/?p=60142> by
Rick Hasen <http://electionlawblog.org/?author=3>
Politico reports
<http://www.politico.com/story/2014/04/mccutcheon-supreme-court-big-money-10
5328.html?hp=r13> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D60142&title=%E2%80%9CBig%20Money%E2%80%99s%20Grip%20Stronger%20Than%20
Ever%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10>
Dorf on McCutcheon <http://electionlawblog.org/?p=60140>
Posted on April 6, 2014 9:11 pm <http://electionlawblog.org/?p=60140> by
Rick Hasen <http://electionlawblog.org/?author=3>
Here <http://verdict.justia.com/2014/04/07/just-shy-bribery> , at Justia.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D60140&title=Dorf%20on%20McCutcheon&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> , Supreme
Court <http://electionlawblog.org/?cat=29>
<http://electionlawblog.org/?p=60138> "Comptroller to Forgo Financing by
Public"
Posted on April 6, 2014 8:02 pm <http://electionlawblog.org/?p=60138> by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT:
<http://www.nytimes.com/2014/04/07/nyregion/comptroller-to-forgo-financing-b
y-public.html?_r=0>
Thomas P. DiNapoli, the state comptroller, is the first to admit that what
he plans to do is hypocritical.
But it is true: After decades spent calling for the public financing of
political campaigns, Mr. DiNapoli, a Democrat, says he will opt out of a
public financing system that New York lawmakers have just enacted, in time
for this fall's elections.
Then again, Mr. DiNapoli says the new system is a badly written, sloppy
piece of legislation that was obviously rushed into effect - "a Frankenstein
monster," he calls it - and he fears that it may actually have been designed
to fail, by lawmakers who either do not really believe in, or do not
understand, public campaign financing at all.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D60138&title=%E2%80%9CComptroller%20to%20Forgo%20Financing%20by%20Publi
c%E2%80%9D&description=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10>
<http://electionlawblog.org/?p=60136> "Floyd Abrams on the 'Disturbing
Recurring Reality' of Collective Liberty"
Posted on April 6, 2014 7:55 pm <http://electionlawblog.org/?p=60136> by
Rick Hasen <http://electionlawblog.org/?author=3>
Josh Blackman blogs
<http://joshblackman.com/blog/2014/04/06/floyd-abrams-on-the-disturbing-recu
rring-reality-of-collective-liberty/> .
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D60136&title=%E2%80%9CFloyd%20Abrams%20on%20the%20%E2%80%98Disturbing%2
0Recurring%20Reality%E2%80%99%20of%20Collective%20Liberty%E2%80%9D&descripti
on=> Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> , Supreme
Court <http://electionlawblog.org/?cat=29>
A Little Late Dept: <http://electionlawblog.org/?p=60134> "Plaintiff in
Campaign-Finance Case Supports Some Limits"
Posted on April 6, 2014 12:10 pm <http://electionlawblog.org/?p=60134> by
Rick Hasen <http://electionlawblog.org/?author=3>
WSJ reports.
<http://blogs.wsj.com/washwire/2014/04/06/plaintiff-in-campaign-finance-case
-supports-some-limits/?mod=WSJBlog&utm_source=twitterfeed&utm_medium=twitter
>
Of course, what Shaun McCutcheon thinks about this is totally irrelevant at
this point.
I expect next the attack on soft money rules (to the extent new "super
committees" don't just lead to full soft money explosion) before full attack
on the base limits.
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D60134&title=A%20Little%20Late%20Dept%3A%20%E2%80%9CPlaintiff%20in%20Ca
mpaign-Finance%20Case%20Supports%20Some%20Limits%E2%80%9D&description=>
Share
Posted in campaign finance <http://electionlawblog.org/?cat=10> , Supreme
Court <http://electionlawblog.org/?cat=29>
Two Tiered Voting Could Come to Kansas This Year if Stay Granted in Kobach
v. EAC Case <http://electionlawblog.org/?p=60132>
Posted on April 6, 2014 10:48 am <http://electionlawblog.org/?p=60132> by
Rick Hasen <http://electionlawblog.org/?author=3>
Lots of uncertainty.
<http://m.ljworld.com/news/2014/apr/06/editorial-election-uncertainty/?templ
ates=mobile&opinion=>
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%
3Fp%3D60132&title=Two%20Tiered%20Voting%20Could%20Come%20to%20Kansas%20This%
20Year%20if%20Stay%20Granted%20in%20Kobach%20v.%20EAC%20Case&description=>
Share
Posted in election administration <http://electionlawblog.org/?cat=18> , The
Voting Wars <http://electionlawblog.org/?cat=60>
--
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
--
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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