[EL] Comptroller decision
Robert Wechsler
catbird at pipeline.com
Mon Apr 7 10:20:46 PDT 2014
It isn't "whining" to be concerned about the appearance of running with
funds that your office is supposed to be turning over to citizens. I can
just imagine the accusations of conflict of interest --- of not working
hard enough to get the money in the hands of rightful owners --- that
would be directed at DiNapoli. He is right to be concerned.
Robert Wechsler
City Ethics
On 4/7/2014 12:13 PM, Sean Parnell wrote:
>
> 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
> <mailto: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 <tel:571-289-1374> (c)
>
> sean at impactpolicymanagement.com
> <mailto:sean at impactpolicymanagement.com>
>
> *From:*law-election-bounces at department-lists.uci.edu
> <mailto: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 <mailto: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>
>
> ...comes a new attack
> <http://www.nytimes.com/2014/04/08/us/politics/edward-blum-one-man-organization-keeps-watchful-eye-on-college-race-admissions-policies-.html?ref=adamliptak&_r=0>on
> affirmative action at universities.
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D60158&title=From%20the%20Man%20Who%20Brought%20You%20Shelby%20County%2C%20NAMUDNO%2C%20and%20Fisher%E2%80%A6&description=>
>
> Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>
>
>
> "The Only Form Of Corruption The Supreme Court Cares About Is
> Almost Impossible To Prosecute"
> <http://electionlawblog.org/?p=60156>
>
> 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.
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D60156&title=%E2%80%9CThe%20Only%20Form%20Of%20Corruption%20The%20Supreme%20Court%20Cares%20About%20Is%20Almost%20Impossible%20To%20Prosecute%E2%80%9D&description=>
>
> 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_subtle_awfulness_of_the_mccutcheon_v_fec_campaign_finance_decision_the.html>
> approach.
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D60154&title=Breaking%3A%20Supreme%20Court%20Denies%20Cert%20in%20Corporate%20Contributions%20Case&description=>
>
> 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-money-in.html>
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D60152&title=Jost%20on%20McCutcheon&description=>
>
> Posted in campaign finance <http://electionlawblog.org/?cat=10>,
> Supreme Court <http://electionlawblog.org/?cat=29>
>
>
> "We Can Learn Something About 'Ingratiation and Access' from
> Journalists" <http://electionlawblog.org/?p=60150>
>
> 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>
>
> Share
> <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%98Ingratiation%20and%20Access%E2%80%99%20from%20Journalists%E2%80%9D&description=>
>
> Posted in campaign finance <http://electionlawblog.org/?cat=10>
>
>
> "Supreme Oligarchy" <http://electionlawblog.org/?p=60148>
>
> 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./
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D60148&title=%E2%80%9CSupreme%20Oligarchy%E2%80%9D&description=>
>
> Posted in campaign finance <http://electionlawblog.org/?cat=10>,
> Supreme Court <http://electionlawblog.org/?cat=29>
>
>
> "A Novel Proposal from Heather Gerken: Plus One More, Also
> from Yale" <http://electionlawblog.org/?p=60146>
>
> 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-plus-one-also-yale/>
>
> Share
> <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=>
>
> Posted in campaign finance <http://electionlawblog.org/?cat=10>
>
>
> "In Politics, Money is Speech"
> <http://electionlawblog.org/?p=60144>
>
> 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=z5>WaPo
> column.
>
> Share
> <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&description=>
>
> Posted in campaign finance <http://electionlawblog.org/?cat=10>,
> Supreme Court <http://electionlawblog.org/?cat=29>
>
>
> "Big Money's Grip Stronger Than Ever"
> <http://electionlawblog.org/?p=60142>
>
> 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-105328.html?hp=r13>.
>
> Share
> <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%20Ever%E2%80%9D&description=>
>
> 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.
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D60140&title=Dorf%20on%20McCutcheon&description=>
>
> Posted in campaign finance <http://electionlawblog.org/?cat=10>,
> Supreme Court <http://electionlawblog.org/?cat=29>
>
>
> "Comptroller to Forgo Financing by Public"
> <http://electionlawblog.org/?p=60138>
>
> 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-by-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.
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D60138&title=%E2%80%9CComptroller%20to%20Forgo%20Financing%20by%20Public%E2%80%9D&description=>
>
> Posted in campaign finance <http://electionlawblog.org/?cat=10>
>
>
> "Floyd Abrams on the 'Disturbing Recurring Reality' of
> Collective Liberty" <http://electionlawblog.org/?p=60136>
>
> 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-recurring-reality-of-collective-liberty/>.
>
> Share
> <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%20Recurring%20Reality%E2%80%99%20of%20Collective%20Liberty%E2%80%9D&description=>
>
> Posted in campaign finance <http://electionlawblog.org/?cat=10>,
> Supreme Court <http://electionlawblog.org/?cat=29>
>
>
> A Little Late Dept: "Plaintiff in Campaign-Finance Case
> Supports Some Limits" <http://electionlawblog.org/?p=60134>
>
> 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.
>
> Share
> <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%20Campaign-Finance%20Case%20Supports%20Some%20Limits%E2%80%9D&description=>
>
> 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/?templates=mobile&opinion=>
>
> Share
> <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=>
>
> 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 <tel:949.824.3072> - office
>
> 949.824.0495 <tel:949.824.0495> - fax
>
> rhasen at law.uci.edu <mailto:rhasen at law.uci.edu>
>
> hhttp://www.law.uci.edu/faculty/full-time/hasen/ <http://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 <tel:949.824.3072> - office
> 949.824.0495 <tel:949.824.0495> - fax
> rhasen at law.uci.edu <mailto:rhasen at law.uci.edu>
> hhttp://www.law.uci.edu/faculty/full-time/hasen/ <http://www.law.uci.edu/faculty/full-time/hasen/>
> http://electionlawblog.org
>
>
> _______________________________________________
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