[EL] ELB News and Commentary 12/10/14

[Daniel Tokaji]

Cromnibus Party Contribution Rider Roundup
<http://electionlawblog.org/?p=69002>
Posted on December 10, 2014 8:10 am <http://electionlawblog.org/?p=69002> by
*Dan Tokaji* <http://electionlawblog.org/?author=5>

Analyses from Politico
<http://www.politico.com/story/2014/12/budget-rider-would-expand-party-cash-113459.html?hp=rc3_4>,
WaPo
<http://www.washingtonpost.com/blogs/post-politics/wp/2014/12/10/fundraising-expansion-slipped-into-spending-deal-could-power-financial-bonzana-for-parties/>,
HuffPost
<http://www.huffingtonpost.com/2014/12/10/cromnibus-campaign-finance_n_6298984.html>
,The Hill
<http://thehill.com/homenews/campaign/226583-spending-bill-increases-limits-on-campaign-funds>,
and Business Insider
<http://www.businessinsider.com/r-us-spending-bill-would-expand-allowed-donations-to-political-parties-2014-12>
of the rider <http://electionlawblog.org/?p=68995> that was added
yesterday.  Politico calculates
<http://www.politico.com/story/2014/12/budget-rider-would-expand-party-cash-113459.html?hp=c2_3>
that the provision “would dramatically increase the amount of money a
single rich donor could give to national party committees each year — from
$97,200 to as much as $777,600.” That’s higher than previous calculations
<http://www.politico.com/story/2014/12/budget-rider-would-expand-party-cash-113459.html?hp=c2_3>
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 Posted in campaign finance <http://electionlawblog.org/?cat=10>  legislation
and legislatures <http://electionlawblog.org/?cat=27>
Utah Republican Party’s Federal Lawsuit against Utah’s Republican Governor
<http://electionlawblog.org/?p=69011>
Posted on December 10, 2014 7:57 am <http://electionlawblog.org/?p=69011> by
*Dan Tokaji* <http://electionlawblog.org/?author=5>

The complaint
<http://electionlawblog.org/wp-content/uploads/UTGOP-Complaint-Filed.pdf> in
*Utah Republican Party v. Herbert *alleges that SB 54, which changed the
process for nominating candidates — ostensibly to “open” the electoral
system — violates the party’s associational rights.   In addition to its
constitutional claim, the party alleges that the law infringes its
trademark. Richard Davis has this analysis
<http://www.deseretnews.com/article/865617360/SB54-opposing-Republicans-wrong-to-oppose-open-electoral-system.html>
of
the intra-party fight. Governor Herbert has walked back
<http://www.sltrib.com/news/1924435-155/gov-reconsiders-says-count-my-vote>
a spokesman’s statement that seemed to cast doubt on the statute’s
constitutionality.
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Posted in political parties <http://electionlawblog.org/?cat=25>
“DSCC Left with $20.4M in Post-Election Debt”
<http://electionlawblog.org/?p=69008>
Posted on December 10, 2014 7:15 am <http://electionlawblog.org/?p=69008> by
*Dan Tokaji* <http://electionlawblog.org/?author=5>

<http://www.politico.com/story/2014/12/dscc-debt-2014-elections-113453.html?hp=b2_c1>Politico
reports
<http://www.politico.com/story/2014/12/dscc-debt-2014-elections-113453.html?hp=b2_c1>
.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
CCP Responds to Bright Lines Project on Nonprofit Political Activity
<http://electionlawblog.org/?p=69006>
Posted on December 10, 2014 7:12 am <http://electionlawblog.org/?p=69006> by
*Dan Tokaji* <http://electionlawblog.org/?author=5>

Eric Wang of the Center for Competitive Politics has submitted these
comments <http://www.campaignfreedom.org/2014/12/10/bright-lines/> to the
IRS on the regulation of political activities by tax-exempt organizations.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
“Outside Groups Set Spending Record in Midterms”
<http://electionlawblog.org/?p=69004>
Posted on December 10, 2014 6:58 am <http://electionlawblog.org/?p=69004> by
*Dan Tokaji* <http://electionlawblog.org/?author=5>

The Upshot
<http://www.nytimes.com/2014/12/11/upshot/outside-groups-set-spending-record-in-midterms-.html?rref=upshot&abt=0002&abg=1>
.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
Livestreamed Panel with Ohio SOS Husted, Today at 10:00 am ET
<http://electionlawblog.org/?p=68999>
Posted on December 10, 2014 6:48 am <http://electionlawblog.org/?p=68999> by
*Dan Tokaji* <http://electionlawblog.org/?author=5>

The Bipartisan Policy Center event, entitled “Making Ohio’s Electoral
System a National Model,” will take place here at Ohio State from
10-12 ET. Click
here
<http://bipartisanpolicy.org/events/making-ohios-electoral-system-a-national-model/?_cldee=Z2Jhc3NAYmF1bWFuZm91bmRhdGlvbi5vcmc%3d>
to watch.  Secretary of State Jon Husted is the featured speaker, joined by
Herb Asher, Ned Foley, John Fortier, and Mark Wagoner, Jr. with Karen
Kasler moderating.  Among the topics to be discussed is redistricting, a
subject on which there has been significant
<http://electionlawblog.org/?p=68822> recent
<http://electionlawblog.org/?p=68873> activity
<http://electionlawblog.org/?p=68972> here in Ohio.
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Posted in election law biz <http://electionlawblog.org/?cat=51>,
redistricting <http://electionlawblog.org/?cat=6>
Language of the Cromnibus Party Funding Rider
<http://electionlawblog.org/?p=68995>
Posted on December 10, 2014 6:27 am <http://electionlawblog.org/?p=68995> by
*Dan Tokaji* <http://electionlawblog.org/?author=5>

Here’s the text of the provision unveiled late yesterday
<http://electionlawblog.org/?p=68988> (h/t Ray LaRaja), amending 52
U.S.C. 30116
<http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section30116&num=0&edition=prelim>
to raise limits on contributions to parties for conventions, headquarters,
and recounts.
*SEC. 101. **SEPARATE CONTRIBUTION LIMITS FOR CONTRIBUTIONS MADE TO
NATIONAL PARTIES TO SUPPORT PRESIDENTIAL NOMINATING CONVENTIONS, NATIONAL
PARTY HEADQUARTERS BUILDINGS, AND RECOUNTS**.*
(a) Separate Limits.—Section 315(a) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30116(a)) is amended—

(1) in paragraph (1)(B), by striking the semicolon at the end and inserting
the following: “, or, in the case of contributions made to any of the
accounts described in paragraph (9), exceed 300 percent of the amount
otherwise applicable under this subparagraph with respect to such calendar
year;”;

(2) in paragraph (2)(B), by striking the semicolon at the end and inserting
the following: “, or, in the case of contributions made to any of the
accounts described in paragraph (9), exceed 300 percent of the amount
otherwise applicable under this subparagraph with respect to such calendar
year;”; and

(3) by adding at the end the following new paragraph:
“(9) An account described in this paragraph is any of the following
accounts:

“(A) A separate, segregated account of a national committee of a political
party (other than a national congressional campaign committee of a
political party) which is used solely to defray expenses incurred with
respect to a presidential nominating convention (including the payment of
deposits) or to repay loans the proceeds of which were used to defray such
expenses, or otherwise to restore funds used to defray such expenses,
except that the aggregate amount of expenditures the national committee of
a political party may make from such account may not exceed $20,000,000
with respect to any single convention.

“(B) A separate, segregated account of a national committee of a political
party (including a national congressional campaign committee of a political
party) which is used solely to defray expenses incurred with respect to the
construction, purchase, renovation, operation, and furnishing of one or
more headquarters buildings of the party or to repay loans the proceeds of
which were used to defray such expenses, or otherwise to restore funds used
to defray such expenses (including expenses for obligations incurred during
the 2-year period which ends on the date of the enactment of this
paragraph).

“(C) A separate, segregated account of a national committee of a political
party (including a national congressional campaign committee of a political
party) which is used to defray expenses incurred with respect to the
preparation for and the conduct of election recounts and contests and other
legal proceedings.”.
(b) Conforming Amendment Relating To Determination Of Coordinated
Expenditure Limitations.—Section 315(d) of such Act (52 U.S.C. 30116(d)) is
amended by adding at the end the following new paragraph:
“(5) The limitations contained in paragraphs (2), (3), and (4) of this
subsection shall not apply to expenditures made from any of the accounts
described in subsection (a)(9).”.
(c) Effective Date.—The amendments made by this section shall apply with
respect to funds that are solicited, received, transferred, or spent on or
after the date of the enactment of this section.


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Posted in campaign finance <http://electionlawblog.org/?cat=10>, legislation
and legislatures <http://electionlawblog.org/?cat=27>
Recount in Arizona CD 2 <http://electionlawblog.org/?p=68992>
Posted on December 9, 2014 8:25 pm
<http://electionlawblog.org/?p=68992> by *Dan
Tokaji* <http://electionlawblog.org/?author=5>

Approximately 187,000 ballots are being recounted, according to this report
<https://www.azpm.org/p/frontpage-electionnews/2014/12/8/51587-barber-mcsally-recount-continues-this-week/>,
in a race where Democratic incumbent Ron Barber trailed Republican Martha
McSally by 161 votes before the recount. The Arizona Republic provides some
historical perspective here
<http://www.azcentral.com/story/azdc/2014/12/07/barber-mcsally-recount-arizona-election-hunt-campbell/19746273/>,
comparing it to other close races in the state going back almost a century.
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Posted in recounts <http://electionlawblog.org/?cat=50>
“In Spending Bill, A Gift For Political Party Fundraising”
<http://electionlawblog.org/?p=68988>
Posted on December 9, 2014 7:45 pm
<http://electionlawblog.org/?p=68988> by *Dan
Tokaji* <http://electionlawblog.org/?author=5>

Peter Overby reports
<http://www.npr.org/blogs/itsallpolitics/2014/12/09/369683617/in-spending-bill-a-gift-for-political-party-fundraising>:
“Capitol Hill lawmakers agreed Tuesday afternoon on a small provision to be
added to the omnibus spending bill, allowing the two party committees to
raise money for their presidential nominating conventions. The limit per
donor would be $97,200 a year, on top of each party committee’s existing
limit <http://www.fec.gov/pages/brochures/contriblimits.shtml> of $32,400
per year.”  Matea Gold has this post
<http://www.washingtonpost.com/blogs/post-politics/wp/2014/12/09/spending-deal-would-allow-wealthy-donors-to-dramatically-increase-giving-to-national-parties/>
at WaPo, reporting that “a donor who gave the maximum $32,400 this year to
the Democratic National Committee or Republican National Committee would be
able to donate another $291,600 on top of that to the party’s additional
arms — a total of $324,000, ten times the current limit.” Democracy 21 has
issued a blistering statement
<http://www.democracy21.org/money-in-politics/press-releases-money-in-politics/breaking-omnibus-bill-returns-huge-corrupting-contributions-to-national-parties/>
from Fred Wertheimer branding this a “Faustian bargain” and claiming that
it “makes the Great Train Robbery look like a petty misdemeanor.”

*Update*:  Democracy 21 has issued a clarification
<http://www.democracy21.org/money-in-politics/press-releases-money-in-politics/breaking-omnibus-bill-returns-huge-corrupting-contributions-to-national-parties/>
upping its calculation of the total amount that could be given to parties.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, political
parties <http://electionlawblog.org/?cat=25>
“Decline in Number of Registered Lobbyists May Be Leveling Off, Latest
Numbers Show” <http://electionlawblog.org/?p=68984>
Posted on December 9, 2014 6:48 pm
<http://electionlawblog.org/?p=68984> by *Dan
Tokaji* <http://electionlawblog.org/?author=5>

>From COGEL, BNA Bloomberg
<http://news.bna.com/mpdm/display/link_res.adp?lt=email&fname=A0G0B5J1G6&lf=eml&emc=mpdm:mpdm:109>
reports that the number of registered federal lobbyists appears to be
holding steady at around 12,500, down from a peak of 15,000 in 2007.
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Posted in lobbying <http://electionlawblog.org/?cat=28>
“Recount Requested in Chula Vista Council Race”
<http://electionlawblog.org/?p=68981>
Posted on December 9, 2014 12:59 pm <http://electionlawblog.org/?p=68981> by
*Dan Tokaji* <http://electionlawblog.org/?author=5>

San Diego U-T reports
<http://www.utsandiego.com/news/2014/dec/08/recount-requested-in-chula-vista-council-race/>
on
the contest, in which two votes separate the candidates.
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Posted in recounts <http://electionlawblog.org/?cat=50>
Texas Appeals Court Rejects King Street Patriots’ Motion for Rehearing,
Issues Substituted Opinion <http://electionlawblog.org/?p=68979>
Posted on December 9, 2014 11:09 am <http://electionlawblog.org/?p=68979> by
*Dan Tokaji* <http://electionlawblog.org/?author=5>

The new opinion
<http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=3e4eeb50-429c-400e-990c-4890b533dda9&coa=coa03&DT=Opinion&MediaID=a8498a91-3eae-4ab7-abe2-ec9df9a8fbd1>,
like the one issued in October <http://electionlawblog.org/?p=66506>, sides
with the Texas Democratic Party in rejecting constitutional challenges to
state campaign finance laws, including corporate contribution restrictions.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
-- 
Daniel Tokaji
Charles W. Ebersold & Florence Whitcomb Ebersold Professor of
Constitutional Law
The Ohio State University | Moritz College of Law
614.292.6566 | @Title52law <https://twitter.com/Title52law>
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