[EL] ELB News and Commentary 4/28/14
Rick Hasen
rhasen at law.uci.edu
Mon Apr 28 07:37:06 PDT 2014
"Election reform had a second killer, Cuomo says"
<http://electionlawblog.org/?p=60937>
Posted on April 28, 2014 7:34 am <http://electionlawblog.org/?p=60937>by
Rick Hasen <http://electionlawblog.org/?author=3>
Crain's NY Business
<http://www.crainsnewyork.com/article/20140428/POLITICS/140429886/election-reform-had-a-second-killer-cuomo-says#>:
Republicans aren't the only roadblock to publicly funded elections
across New York, according to Gov. Andrew Cuomo. Labor unions
short-circuited a potential deal to implement a new system, he said
in an editorial board meeting with /Crain's/.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
Justice Stevens Will Testify Before Senate Rules Committee on
Campaign Disclosure <http://electionlawblog.org/?p=60935>
Posted on April 28, 2014 7:30 am <http://electionlawblog.org/?p=60935>by
Rick Hasen <http://electionlawblog.org/?author=3>
He joins
<http://www.politico.com/story/2014/04/john-paul-stevens-testify-dark-money-106066.html>
Norm Ornstein, Trevor Potter, and Ann Ravel.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme
Court <http://electionlawblog.org/?cat=29>
"HGOP seeks FEC investigation on Shaheen and Super PAC coordination"
<http://electionlawblog.org/?p=60933>
Posted on April 28, 2014 7:28 am <http://electionlawblog.org/?p=60933>by
Rick Hasen <http://electionlawblog.org/?author=3>
WMUR
<http://www.wmur.com/political-scoop/nhgop-seeks-fec-investigation-on-shaheen-and-super-pac-coordination/25688110#ixzz30AyXII4l>:
The New Hampshire Republican Party plans to formally request the
Federal Election Commission to investigate whether there was an
illegal coordination between the Jeanne Shaheen's re-election
campaign and a Democratic Super PAC, which began running a new
series of ads in the state Friday.
Thefive-page complaint
<http://nhgop.org/images/easyblog-images/281/complaint.pdf> says
that when the Shaheen campaign posted a new webpage with, what they
allege a sample script and ready-for-television images, it were
signaling to the Senate Majority PAC that it needed an ad
immediately and what it should look like and say. The complaint also
targets the Democratic Senatorial Campaign Committee because someone
from that organization promoted the website on Twitter.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"House to Vote in May on Holding IRS Official Lois Lerner in
Contempt" <http://electionlawblog.org/?p=60931>
Posted on April 28, 2014 7:25 am <http://electionlawblog.org/?p=60931>by
Rick Hasen <http://electionlawblog.org/?author=3>
WSJ's /Washington Wire/ reports.
<http://blogs.wsj.com/washwire/2014/04/25/house-to-vote-in-may-on-holding-irs-official-lois-lerner-in-contempt/?KEYWORDS=%22irs%22>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Campaign Contribution Limits: Selected Questions About McCutcheon
and Policy Issues for Congress" <http://electionlawblog.org/?p=60929>
Posted on April 28, 2014 7:23 am <http://electionlawblog.org/?p=60929>by
Rick Hasen <http://electionlawblog.org/?author=3>
You can now read here
<http://commoncause.us7.list-manage2.com/track/click?u=a79b36e7d562ab4cf79e97550&id=458bd468ed&e=238d7381e0http://>the
new CRS report (by R. Sam Garrett) I mentioned in this post
<http://electionlawblog.org/?p=60899>. Thanks to Common Cause for posting.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme
Court <http://electionlawblog.org/?cat=29>
"Political Fraud About Voter Fraud"
<http://electionlawblog.org/?p=60927>
Posted on April 28, 2014 7:21 am <http://electionlawblog.org/?p=60927>by
Rick Hasen <http://electionlawblog.org/?author=3>
Robert Popper, a former DOJ voting rights lawyer who now works for
Judicial Watch, has written this WSJ oped,
<http://online.wsj.com/news/articles/SB10001424052702303380004579521603120225572?mg=reno64-wsj&url=http%3A%2F%2Fonline.wsj.com%2Farticle%2FSB10001424052702303380004579521603120225572.html>
which spends a good part of the time attacking the News21 methodology
for determining voter fraud.
I've got a lot of thoughts about this and disagree with Mr. Popper's
assessment. I hope to post a response later this week.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
fraudulent fraud squad <http://electionlawblog.org/?cat=8>, Voting
Rights Act <http://electionlawblog.org/?cat=15>
"Opening Brief Filed in DC Circuit Case Arguing for Equal
Citizenship in U.S. Territories" <http://electionlawblog.org/?p=60925>
Posted on April 28, 2014 7:18 am <http://electionlawblog.org/?p=60925>by
Rick Hasen <http://electionlawblog.org/?author=3>
Press release: "The opening merits brief
<http://www.equalrightsnow.org/opening_merits_brief_dc_circuit> was
filed today in /Tuaua v. United States/, a landmark case before the U.S.
Court of Appeals for the District of Columbia Circuit that considers
whether Congress can redefine the Citizenship Clause of the Fourteenth
Amendment to deny birthright citizenship to people born in the U.S.
territory of American Samoa."
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Posted in voting <http://electionlawblog.org/?cat=31>
"A Few Words on 'Hypocrites' and 'Zealots'"
<http://electionlawblog.org/?p=60922>
Posted on April 28, 2014 7:17 am <http://electionlawblog.org/?p=60922>by
Rick Hasen <http://electionlawblog.org/?author=3>
Bauer
<http://www.moresoftmoneyhardlaw.com/2014/04/words-hypocrites-zealots/>
on disclosure.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Tea party PACs reap money for midterms, but spend little on
candidates" <http://electionlawblog.org/?p=60919>
Posted on April 27, 2014 3:26 pm <http://electionlawblog.org/?p=60919>by
Rick Hasen <http://electionlawblog.org/?author=3>
Matea Gold
<http://www.washingtonpost.com/politics/tea-party-pacs-reap-money-for-midterms-but-spend-little-on-candidates/2014/04/26/0e52919a-cbd6-11e3-a75e-463587891b57_story.html>
for WaPo:
When the Tea Party Patriots threw its support last month behind Matt
Bevin, the underdog conservative challenger trying to unseat top
Senate Republican Mitch McConnell, President Jenny Beth Martin vowed
the group would be "putting our money where our mouth is."
So far, its super PAC has mustered just $56,000 worth of mailers in
Kentucky on Bevin's behalf --- less than half the amount it has paid
Martin in consulting fees since July.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"McCutcheon Restores Power to Congressional Campaigns | Commentary"
<http://electionlawblog.org/?p=60917>
Posted on April 27, 2014 3:24 pm <http://electionlawblog.org/?p=60917>by
Rick Hasen <http://electionlawblog.org/?author=3>
Tim Peckinpaugh and Steve Roberts write
<http://www.rollcall.com/news/mccutcheon_restores_power_to_congressional_campaigns_commentary-232380-1.html>
for /Roll Call. /
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme
Court <http://electionlawblog.org/?cat=29>
"Prosecutors say McDonnell fixated on justice's remark"
<http://electionlawblog.org/?p=60915>
Posted on April 27, 2014 3:21 pm <http://electionlawblog.org/?p=60915>by
Rick Hasen <http://electionlawblog.org/?author=3>
Times Dispatch
<http://www.timesdispatch.com/news/state-regional/virginia-politics/prosecutors-say-mcdonnell-fixated-on-justice-s-remark/article_e64ef9e2-cda9-11e3-af0d-001a4bcf6878.html?mode=jqm>:
Federal prosecutors say former Gov. Bob McDonnell is putting too
much stock in Supreme Court Justice Anthony M. Kennedy's declaration
that "ingratiation and access ... are not corruption."
Kennedy made the statement in his 2010 Citizens United ruling. In
that campaign finance case, the court ruled that the government
cannot stop corporations and unions from spending money to back or
denounce candidates.
Chief Justice John G. Roberts Jr. repeated Kennedy's line in his
April 2 opinion in McCutcheon v. Federal Election Commission, in
which the court struck down aggregate limits on campaign
contributions in a two-year election cycle.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
Three New Books from the Electoral Integrity Project
<http://electionlawblog.org/?p=60913>
Posted on April 27, 2014 3:12 pm <http://electionlawblog.org/?p=60913>by
Rick Hasen <http://electionlawblog.org/?author=3>
Important project
<http://us7.campaign-archive1.com/?u=816c3ae4a3e8057bc847fa0a5&id=819b7b2234&e=fdb46d906b>
on international election integrity.
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Posted in election administration <http://electionlawblog.org/?cat=18>
NJ Court Holds It is Legal for Board of Election Members to Endorse
Candidates for Office <http://electionlawblog.org/?p=60911>
Posted on April 26, 2014 3:42 pm <http://electionlawblog.org/?p=60911>by
Rick Hasen <http://electionlawblog.org/?author=3>
Read the opinion in Baraka v. Adubato.
<http://www.judiciary.state.nj.us/decisions/Baraka%20v%20%20Adubato_140425.pdf>
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Posted in election administration <http://electionlawblog.org/?cat=18>
Quote of the Day <http://electionlawblog.org/?p=60908>
Posted on April 26, 2014 1:00 pm <http://electionlawblog.org/?p=60908>by
Rick Hasen <http://electionlawblog.org/?author=3>
"I don't play poker."
--Justice Alito, discussing his lack of a poker face at the State of the
Union when the President made controversial comments about /Citizens
United./
The quote appears in an /American Spectator /article
<http://spectator.org/articles/58731/sam-alito-civil-man> on Justice
Alito (h/t Ron Collins
<http://www.concurringopinions.com/archives/2014/04/fan-12-2-first-amendment-news-justice-altio-on-the-first-amendment.html>)
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme
Court <http://electionlawblog.org/?cat=29>
"On the Media" Discusses SCOTUS False Speech Case with Adam Liptak
<http://electionlawblog.org/?p=60906>
Posted on April 26, 2014 12:50 pm
<http://electionlawblog.org/?p=60906>by Rick Hasen
<http://electionlawblog.org/?author=3>
Listen <http://www.onthemedia.org/story/banning-truthiness/>.
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Posted in campaigns <http://electionlawblog.org/?cat=59>
"What if the tea party decides to walk away from the GOP in 2016? It
could happen." <http://electionlawblog.org/?p=60904>
Posted on April 25, 2014 9:01 pm <http://electionlawblog.org/?p=60904>by
Rick Hasen <http://electionlawblog.org/?author=3>
The Fix explores
<http://www.washingtonpost.com/blogs/the-fix/wp/2014/04/25/what-if-the-tea-party-decides-to-walk-away-from-the-gop-in-2016/?hpid=z4>.
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Posted in campaigns <http://electionlawblog.org/?cat=59>, political
parties <http://electionlawblog.org/?cat=25>, political polarization
<http://electionlawblog.org/?cat=68>
Koch Bros. Monkey Around with Columbus, Ohio Referendum
<http://electionlawblog.org/?p=60902>
Posted on April 25, 2014 8:58 pm <http://electionlawblog.org/?p=60902>by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT:
<http://www.nytimes.com/2014/04/26/us/politics/national-advocacy-group-takes-local-political-turn.html?hp>
Americans for Prosperity is a national force in this year's midterm
congressional elections, but the organization showed again this week
that it is willing to monkey around with local issues as well.
The advocacy group <http://americansforprosperity.org/> that has
spent more than $30 million in television ads and other political
activities attacking Democratic senators and House members across
the country weighed in against a tax referendum in Franklin County,
Ohio, which includes Columbus, to finance an expansion and
improvement of the city's highly regardedzoo and aquarium
<http://www.colszoo.org/default.aspx>.
A brochure mailed to residents and paid for by Americans for
Prosperity featured a primate gripping a $100 bill and declared the
proposal to double what a typical homeowner would pay for the zoo
--- to about $44 a year --- "another money grab."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
campaigns <http://electionlawblog.org/?cat=59>
"CRS: Recent 501(c)(4) Proposed Rules Could Greatly Impact Campaign
Finance" <http://electionlawblog.org/?p=60899>
Posted on April 25, 2014 8:39 pm <http://electionlawblog.org/?p=60899>by
Rick Hasen <http://electionlawblog.org/?author=3>
Bloomberg BNA
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=45535886&vname=mpebulallissues&jd=a0e9p2a7r8&split=0>:
Recently proposed Treasury Department rules that would curb the
political activity of 501(c)(4) groups could be critical in both
campaign finance law and tax law debates, though they do contain
limitations, the Congressional Research Service said in a report.
The report, released April 25, was a broad analysis of campaign
finance policy, focusing on tax-exempt entity issues as well as
campaign contributions and disclosure requirements, among other issues.
Bloomberg does not link to the new CRS report. I will link if someone
sends it along.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22>
"State redistricting lawsuits get political"
<http://electionlawblog.org/?p=60897>
Posted on April 25, 2014 8:35 pm <http://electionlawblog.org/?p=60897>by
Rick Hasen <http://electionlawblog.org/?author=3>
Tampa Tribune
<http://tbo.com/news/politics/state-redistricting-lawsuits-get-political-20140421/>:
Court documents and emails that are part of the redistricting
lawsuit show that the map was drawn and paid for by Democratic
consultants in consultation with the Florida Democratic Party, which
is no longer involved in the lawsuit....
Days after the meeting, that map was submitted into evidence as an
alternative plan as part of the lawsuit. The suit was officially
filed by groups including the League of Women Voters of Florida and
the National Council of La Raza, a Hispanic civil rights group.
Plaintiffs in the case argue that congressional maps passed by
lawmakers in 2012 are political documents that violate Amendment 6,
one of the so-called "Fair District" amendments passed by voters in
2010. The amendments were an attempt to remove politics from the
redistricting process by no longer allowing new maps to explicitly
"favor or disfavor a political party."
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Posted in redistricting <http://electionlawblog.org/?cat=6>
"GOP Could Be Stuck With Grimm, Despite Expected Indictment"
<http://electionlawblog.org/?p=60895>
Posted on April 25, 2014 8:27 pm <http://electionlawblog.org/?p=60895>by
Rick Hasen <http://electionlawblog.org/?author=3>
Roll Call:
<http://atr.rollcall.com/michael-grimm-indictment-political-fallout/>"Grimm
will be on the general-election ballot unless one of three unlikely
events takes place, according to a New York Republican source. He has
already been designated by the state party as its nominee, so the only
way he can be removed is by moving out of the district, running for a
judgeship or being convicted before the general, the source said."
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Posted in campaigns <http://electionlawblog.org/?cat=59>
"Pay-To-Play Laws Celebrate 20th Anniversary"
<http://electionlawblog.org/?p=60892>
Posted on April 25, 2014 3:08 pm <http://electionlawblog.org/?p=60892>by
Rick Hasen <http://electionlawblog.org/?author=3>
Peter Overby reports
<http://www.npr.org/2014/04/25/306851757/pay-to-play-laws-celebrate-20th-anniversary>
for NPR.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
conflict of interest laws <http://electionlawblog.org/?cat=20>, ethics
investigations <http://electionlawblog.org/?cat=42>
"Michael Grimm expected to be indicted"
<http://electionlawblog.org/?p=60890>
Posted on April 25, 2014 1:51 pm <http://electionlawblog.org/?p=60890>by
Rick Hasen <http://electionlawblog.org/?author=3>
Politico
<http://www.politico.com/story/2014/04/michael-grimm-new-york-campaign-finance-violations-106037.html?hp=f1>:
"Rep. Michael Grimm is expected to be indicted by the U.S. attorney in
New York, according to the New York Republican's lawyer. Grimm has been
under investigation by federal authorities for alleged campaign finance
violations...The Justice Department was looking into Grimm's relation
with Ofer Biton, an Israeli citizen who pleaded guilty last year to a
visa violation. Grimm --- with Biton's help --- raised more than
$500,000 from Rabbi Yoshiyahu Yosef Pinto's followers, including alleged
improper donations."
UPDATE: WaPo reports
<http://www.washingtonpost.com/blogs/post-politics/wp/2014/04/25/michael-grimm-to-be-indicted/>
Rep. Grimm has already been secretly indicted.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
chicanery <http://electionlawblog.org/?cat=12>
"Unlimited Koch Cash Comes to New York"
<http://electionlawblog.org/?p=60888>
Posted on April 25, 2014 1:29 pm <http://electionlawblog.org/?p=60888>by
Rick Hasen <http://electionlawblog.org/?author=3>
Do read David Firestone.
<http://takingnote.blogs.nytimes.com/2014/04/25/unlimited-koch-cash-comes-to-new-york/?_php=true&_type=blogs&smid=tw-share&_r=0>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Prosecutors Deny Targeting D'Souza on Use of Straw Donors"
<http://electionlawblog.org/?p=60886>
Posted on April 25, 2014 12:23 pm
<http://electionlawblog.org/?p=60886>by Rick Hasen
<http://electionlawblog.org/?author=3>
NYT:
<http://www.nytimes.com/2014/04/25/nyregion/prosecutors-deny-targeting-dsouza-on-use-of-straw-donors.html>
In the new filing, the prosecutors, Carrie H. Cohen and Paul M.
Krieger, also alleged that Mr. D'Souza had instructed one of the
people he had asked to contribute, Tyler Vawser, a former assistant,
to lie about his donation.
The prosecutors said they expected Mr. Vawser to testify that when
Mr. D'Souza asked him to contribute with the promise that he would
reimburse him, Mr. Vawser asked whether that was permissible.
Mr. D'Souza replied that if anyone asked Mr. Vawser about the
donation, he should say that he "knows Wendy Long and supports her
candidacy," the government said.
Mr. Bharara's office also accused Mr. D'Souza of lying to Ms. Long.
It said she would testify that she questioned Mr. D'Souza more than
once about the contributions, and his response was "not to worry,"
and that they had "sufficient funds with which to make the donations."
"The defendant's lies to the candidate as well as his instruction to
Vawser to lie about his donation if questioned about it highlight
the willfulness and egregiousness of the defendant's criminal
conduct," the prosecutors wrote.
Share
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D60886&title=%E2%80%9CProsecutors%20Deny%20Targeting%20D%E2%80%99Souza%20on%20Use%20of%20Straw%20Donors%E2%80%9D&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10>,
chicanery <http://electionlawblog.org/?cat=12>
"In India, Election Officials Brave Hungry Crocodiles to Reach
Voters" <http://electionlawblog.org/?p=60884>
Posted on April 25, 2014 8:49 am <http://electionlawblog.org/?p=60884>by
Rick Hasen <http://electionlawblog.org/?author=3>
Apparently some things
<http://m.us.wsj.com/articles/SB10001424052702303626804579505710305318136?mobile=y&mod=trending_now_2>
are more treacherous for election administrators than the Voting Wars.
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Posted in election administration <http://electionlawblog.org/?cat=18>
"What Happens When a Dark Money Group Blows Off IRS Rules? Nothing."
<http://electionlawblog.org/?p=60882>
Posted on April 25, 2014 8:18 am <http://electionlawblog.org/?p=60882>by
Rick Hasen <http://electionlawblog.org/?author=3>
Must-readProPublica.
<http://www.propublica.org/article/what-happens-when-a-dark-money-group-blows-off-irs-rules-nothing>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22>
--
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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