[EL] ELB News and Commentary 8/18/14

Mon Aug 18 08:03:15 PDT 2014

    The Perry Indictment <http://electionlawblog.org/?p=64388>

Posted onAugust 18, 2014 7:59 am 
<http://electionlawblog.org/?p=64388>byRick Hasen 
<http://electionlawblog.org/?author=3>

You can read ithere. 
<http://www.scribd.com/doc/236936143/Rick-Perry-Indictment>

Eugene Volokh analyzed count I 
<http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/08/16/does-a-governor-have-custody-or-possession-of-funds-the-legislature-wants-to-appropriate-in-a-bill-that-he-vetoes/> and 
count II 
<http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/08/16/is-the-indictment-of-texas-gov-rick-perry-inconsistent-with-a-texas-court-of-appeals-precedent-as-to-the-coercion-count/> separately.

I've written to put the indictment into a broader context ofthe 
criminalization of politics <http://t.co/K5yWcNzt9E>.

I am scheduled to be on MSNBC's The Cycle today at 3:20 pm pacific/12:20 
pm eastern to talk about this. As always TV appearances on these news 
shows are always tentative.

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Posted inUncategorized <http://electionlawblog.org/?cat=1>

    "How whites have retained political power in Ferguson, and why
    they'll lose it soon" <http://electionlawblog.org/?p=64386>

Posted onAugust 18, 2014 7:52 am 
<http://electionlawblog.org/?p=64386>byRick Hasen 
<http://electionlawblog.org/?author=3>

Matt Yglesias writes 
<http://www.vox.com/2014/8/18/6029141/why-ferguson-government-is-so-white?utm_medium=social&utm_source=twitter&utm_campaign=ezraklein&utm_content=monday>for 
Vox.

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Posted invoting <http://electionlawblog.org/?cat=31>

    "Empirically Measuring the Impact of Photo ID Over Time and Its
    Impact on Women" <http://electionlawblog.org/?p=64384>

Posted onAugust 18, 2014 7:50 am 
<http://electionlawblog.org/?p=64384>byRick Hasen 
<http://electionlawblog.org/?author=3>

Mike Pitts has postedthis draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2479500>on SSRN 
(forthcoming, /Indiana Law Review/).  Here is the abstract:

    This article is part of a series of studies related to the impact of
    Indiana's photo identification law during the two presidential
    election cycles at which it has been implemented --- 2008 and 2012.
    This article tracks the number of provisional ballots cast and not
    counted because of a lack of voter identification at Indiana's 2012
    general election. Importantly, this article also addresses an
    argument against photo identification laws that has became more
    prominent in recent years --- the idea that photo identification
    laws disparately disfranchise female voters. This article addresses
    that argument by tracking the gender of those persons who cast
    provisional ballots due to a lack of valid photo identification ---
    something that does not seem to have been previously done anywhere
    in the literature. While the research presented here allows for
    several conclusions, the most important of those conclusions are as
    follows. First, Indiana's photo identification law has a relatively
    small (in relation to the total number of ballots cast) overall
    actual disfranchising impact on the electorate. Second, Indiana's
    photo identification law's actual disfranchising impact seems to be
    headed in a downward direction when one compares data from the 2012
    general election to the 2008 general election. Third, Indiana's
    photo identification law appears to have a disparate impact on women.

Mike's work is careful and important.  I look forward to reading this!

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,voter id 
<http://electionlawblog.org/?cat=9>

    "Election Spending 2014: Nine Toss-Up Senate Races"
    <http://electionlawblog.org/?p=64382>

Posted onAugust 18, 2014 7:47 am 
<http://electionlawblog.org/?p=64382>byRick Hasen 
<http://electionlawblog.org/?author=3>

Brennan Center 
<http://www.brennancenter.org/analysis/election-spending-2014-nine-toss-up-senate-races>:

    With control of the Senate at play in the 2014 election, tight races
    have seen astronomical spending from outside groups. Even with
    almost three months left until Election Day, an analysis of outside
    spending in the nine most competitive Senate races found several
    trends. Like previous Brennan Center analyses
    <http://www.brennancenter.org/analysis/election-spending-2014-13-toss-house-districts>,
    we observed inadequate transparency and single-candidate spenders
    providing opportunities to avoid contribution limits. We also
    discovered two key findings:

 1.

        These nine Senate races have seen $72 million worth of
        independent expenditures thus far. As a point of comparison, in
        the 2010 midterms, nonparty outside spending reached only $97
        million --- and that was for the /whole election in all 37
        Senate races/. The highest levels of independent expenditures in
        our sample were seen in North Carolina, with $14 million, and
        Kentucky, with $12 million.

 2.

        The competitive Senate races also reveal a potential new trend
        --- organizations that benefit a single candidate and hide their
        donors. These single-candidate, dark-money groups make it
        impossible to know whether candidate contributors are attempting
        to curry favor by also making large donations to
        candidate-specific spenders.

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

    "Political Activity Limits and Tax Exemption: A Gordian's Knot"
    <http://electionlawblog.org/?p=64380>

Posted onAugust 18, 2014 7:44 am 
<http://electionlawblog.org/?p=64380>byRick Hasen 
<http://electionlawblog.org/?author=3>

Roger Colinvaux has postedthis draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2476435>on SSRN 
(forthcoming, /Virginia Tax Review/).  Here is the abstract:

    The article considers the correct tax treatment of political
    activity by the tax system and discusses the problems that have
    arisen from political activity depending on whether the organization
    is a charity, a noncharitable exempt, or a political organization.
    The article then examines administrative and legislative options to
    the problems raised by political activity. Quantum-based solutions
    to the problem of political activity by noncharitable exempts do not
    provide a clear advantage over present law. Formally quantifying the
    "primarily" test would result in more certainty, but would also
    require that the Service be more, not less, involved in the
    regulation of political activity. If the policy goal is to curb
    political activity by noncharitable exempts, changing the test from
    "primarily" to something more restrictive like "substantially" or
    "exclusively" would be effective, but would create new categories of
    taxable nonprofits that are treated worse than political
    organizations for engaging in less political activity, which is
    irrational. Further, it is not clear, especially after the Citizens
    United decision, why as a matter of tax exemption the regulations
    decree that political activity may not further noncharitable exempt
    purposes. Before Citizens United, the political activity limits were
    not especially relevant, but at least helped to differentiate
    organization types. However, Citizens United largely rendered
    existing tax law limitations obsolete by making a new kind of
    multi-purpose organization possible. As a result, definitional
    political activity limits are no longer justified and should be
    eliminated, but only if the 527(f) tax on investment income remains
    vital and the differences in the disclosure regimes between
    political organizations and noncharitable exempts are erased. In
    addition, Congress should affirm that the gift tax does not apply
    with respect to political contributions, but also extend the income
    tax to transfers of appreciated property to noncharitable exempts.
    Further, Congress should acknowledge that the increase in political
    speech by noncharitable exempts will lead to abuse of charitable
    organizations, and take steps to prevent the laundering of
    independent expenditures through the charitable form. Congress also
    should recognize that Citizens United has led to a need to develop a
    new tax baseline for political activity conducted "for profit" or
    outside of section 527.

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

    "Rob Richie: How Florida can hold elections in fair districts in
    2014? <http://electionlawblog.org/?p=64378>

Posted onAugust 18, 2014 7:42 am 
<http://electionlawblog.org/?p=64378>byRick Hasen 
<http://electionlawblog.org/?author=3>

Gainesville Sun oped. 
<http://www.gainesville.com/article/20140815/OPINION/140819673?Title=Rob-Richie-How-Florida-can-hold-elections-in-fair-districts-in-2014->

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Posted inredistricting <http://electionlawblog.org/?cat=6>

    "Trying to Ensure the Fundamental Right to Vote"
    <http://electionlawblog.org/?p=64376>

Posted onAugust 18, 2014 7:41 am 
<http://electionlawblog.org/?p=64376>byRick Hasen 
<http://electionlawblog.org/?author=3>

NYT Letters to the 
editor<http://www.nytimes.com/2014/08/18/opinion/trying-to-ensure-the-fundamental-right-to-vote.html?partner=rssnyt&emc=rss>from 
Rob Ritchie and Barry Feldman.

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Posted invoting <http://electionlawblog.org/?cat=31>

    "Black groups tell Supreme Court Ala. districts biased"
    <http://electionlawblog.org/?p=64374>

Posted onAugust 17, 2014 8:44 pm 
<http://electionlawblog.org/?p=64374>byRick Hasen 
<http://electionlawblog.org/?author=3>

Mary Troyan reports 
<http://www.montgomeryadvertiser.com/story/news/local/alabama/2014/08/17/black-groups-tell-supreme-court-ala-districts-biased/14190749/>for 
Gannett: "The Alabama Legislature will be further racially polarized by 
new district boundaries that pack more black voters into certain 
districts than the law requires, state black political groups told the 
Supreme Court last week."

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Posted inredistricting <http://electionlawblog.org/?cat=6>,Voting Rights 
Act <http://electionlawblog.org/?cat=15>

    "Arizona Free Enterprise Club violated election law"
    <http://electionlawblog.org/?p=64372>

Posted onAugust 17, 2014 7:50 pm 
<http://electionlawblog.org/?p=64372>byRick Hasen 
<http://electionlawblog.org/?author=3>

AP reports. 
<http://www.azfamily.com/news/Arizona-Free-Enterprise-Club-violated-election-law-271540271.html>

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

    Jill LePore on Campaign Finance Reform, Corruption, Lessig,
    Teachout, Mutch, and Post <http://electionlawblog.org/?p=64369>

Posted onAugust 17, 2014 7:46 pm 
<http://electionlawblog.org/?p=64369>byRick Hasen 
<http://electionlawblog.org/?author=3>

Here 
<http://webcache.googleusercontent.com/search?q=cache:NqFUthMvNBoJ:www.newyorker.com/magazine/2014/08/25/crooked-dead+%22buying+the+vote%22+mutch&cd=15&hl=en&ct=clnk&gl=us>, 
in the New Yorker.

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

-- 
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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