[EL] ELB News and Commentary 12/29/14
Rick Hasen
rhasen at law.uci.edu
Mon Dec 29 14:27:34 PST 2014
“Jerry Brown, Governor of California, Takes Second Chance to Shape
Court” <http://electionlawblog.org/?p=69404>
Posted onDecember 29, 2014 2:25 pm
<http://electionlawblog.org/?p=69404>byRick Hasen
<http://electionlawblog.org/?author=3>
Fascinating tidbit
<http://www.nytimes.com/2014/12/26/us/politics/jerry-brown-governor-of-california-takes-second-chance-to-shape-court.html?ref=politics>in
this NYT report:
Mr. Brown’s selections were the product of a long search that
included consultations with two members of the United States Supreme
Court — he would not say which ones — and come at a time when some
scholars said the California court, while still widely admired, has
lost some of the intellectual luster it once had. He said his
nominees were modeled after Yale law professors.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“The Voter Suppression Myth Takes Another Hit; Memo to critics of
North Carolina’s election-law reforms: Black midterm turnout has
increased” <http://electionlawblog.org/?p=69402>
Posted onDecember 29, 2014 2:23 pm
<http://electionlawblog.org/?p=69402>byRick Hasen
<http://electionlawblog.org/?author=3>
Robert Popper WSJ oped
<http://www.wsj.com/articles/the-voter-suppression-myth-takes-another-hit-1419811042>.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“U.S. high court to hear Ariz. redistricting case”
<http://electionlawblog.org/?p=69400>
Posted onDecember 29, 2014 2:18 pm
<http://electionlawblog.org/?p=69400>byRick Hasen
<http://electionlawblog.org/?author=3>
Howard Fischer reports
<http://eastvalleytribune.com/arizona/capitol_media_services/article_d72ea55c-62ca-53f2-acf3-e6457289a09c.html>.
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Posted inredistricting <http://electionlawblog.org/?cat=6>
“Discord Brews Over SEC Campaign-Finance Rule; Critics Say
‘Pay-to-Play’ Regulation Needs to Be Broadened to Include Super
PACs; Others Call for Scrapping It”
<http://electionlawblog.org/?p=69398>
Posted onDecember 29, 2014 2:16 pm
<http://electionlawblog.org/?p=69398>byRick Hasen
<http://electionlawblog.org/?author=3>
WSJ
<http://www.wsj.com/articles/discord-brews-over-sec-campaign-finance-rule-1419814379?KEYWORDS=%22campaign+finance%22>:
A Securities and Exchange Commission rule designed to limit
conflicts of interest in state contracting is becoming less
effective amid the rise of super PACs and should be broadened,
groups that track campaign finance say.
The SEC’s so-called pay-to-play rule, which applies to state
officials including governors, could become a prominent factor in
the 2016 presidential election given that four or more Republican
governors who would be in office during the campaign have said they
may run or are thought to be considering a candidacy.
The rule effectively prohibits certain employees of
financial-services companies that do—or might do—business with state
agencies from contributing to the officials who oversee those
agencies. The rule, adopted in 2010, was intended to prevent
political contributions from influencing state contracting decisions.
Critics say the SEC rule’s effectiveness could be blunted in 2016 by
the rise of super PACs, which can raise money without contribution
caps but can’t coordinate with or give to candidates’ campaigns, as
well as politically active nonprofit groups. In particular, they
point to the increasing number of super PACs that form to support
only a single candidate. Critics argue that a contribution to a
group that spends money on behalf of a single candidate is akin to
giving to the candidate.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Increase in Party Money Limits Raises Questions for Future
Campaigns, CRS Says” <http://electionlawblog.org/?p=69396>
Posted onDecember 29, 2014 2:13 pm
<http://electionlawblog.org/?p=69396>byRick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg BNA
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=60857116&vname=mpebulallissues&jd=a0g0t9x5k6&split=0>:
A dramatic increase in contribution limits for political parties
tacked onto a $1.1 trillion government funding bill has raised big
questions about the next era of campaign financing as the 2016
election cycle begins, according to a newreport
<http://op.bna.com/der.nsf/r?Open=sbay-9s6pa3>from the Congressional
Research Service (CRS).
The impact of the increased party contribution limits “will depend
on a combination of agency implementation and political practice,”
according to the CRS report released Dec. 19. CRS noted that the
Federal Election Commission (FEC) is responsible for administering
the increased limits, and the FEC has promised to provide guidance
“as soon as practicable” about how the new law will be implemented.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
“Court Upholds Half Of Charlie White’s Voter Fraud Conviction”
<http://electionlawblog.org/?p=69394>
Posted onDecember 29, 2014 2:12 pm
<http://electionlawblog.org/?p=69394>byRick Hasen
<http://electionlawblog.org/?author=3>
Indiana Public Media
<http://indianapublicmedia.org/news/court-upholds-charlie-whites-voter-fraud-conviction-76281/>:
“The Indiana Court of Appeals today
<https://www.scribd.com/doc/251246328/Charlie-White-Appeal> overturned
three convictions relating to voter fraud against former Secretary of
State Charlie White, leaving three convictions affirmed and his sentence
unchanged.”
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,SOS White
<http://electionlawblog.org/?cat=13>
“Voter registration group sees hurdle”
<http://electionlawblog.org/?p=69392>
Posted onDecember 29, 2014 2:08 pm
<http://electionlawblog.org/?p=69392>byRick Hasen
<http://electionlawblog.org/?author=3>
San Antonio Express News
<http://www.expressnews.com/news/local/article/Voter-registration-group-sees-hurdle-5978413.php>:
By Patrick Svitek, Austin BureauDecember 24, 2014
A decades-old part of Texas’ election code is receiving new
attention as Democrats look to chart a path forward and maintain
their ranks of volunteers qualified to register voters.
Perhaps no organization is expected to feel the effect more than
Battleground Texas, whose thousands of volunteer registrars will
lose their certification Dec. 31 and will have to go through
training before they can earn it back in the new year.
“This is wildly burdensome,” said Mimi Marziani, voter protection
director at Battleground Texas. “The only logical explanation is
that all of those things are aimed at the same goal, which is making
it much harder to vote.”
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
‘Vote still out on impact of NC’s new election law on turnout”
<http://electionlawblog.org/?p=69390>
Posted onDecember 29, 2014 2:06 pm
<http://electionlawblog.org/?p=69390>byRick Hasen
<http://electionlawblog.org/?author=3>
Important report
<http://www.charlotteobserver.com/2014/12/25/5407262/vote-still-out-on-impact-of-states.html#.VKHQFsAJA>in
the /Charlotte Observer/.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“A Bipartisan Push to Limit Lobbyists’ Sway Over Attorneys General”
<http://electionlawblog.org/?p=69388>
Posted onDecember 29, 2014 2:06 pm
<http://electionlawblog.org/?p=69388>byRick Hasen
<http://electionlawblog.org/?author=3>
Eric Lipton
<http://www.nytimes.com/2014/12/27/us/bipartisan-effort-to-restrict-lobbyists-influence-of-attorneys-general.html>for
the NYT:
In state legislatures and major professional associations, a
bipartisan effort is emerging to change the way state attorneys
general interact with lobbyists, campaign donors and other corporate
representatives.
This month, during a closed-door meeting of the National Association
of Attorneys General
<http://www.naag.org/current-attorneys-general.php>, officials voted
to stop accepting corporate sponsorships. In Missouri,a bill has
been
<http://www.house.mo.gov/billsummary.aspx?bill=HB221&year=2015&code=R>introduced
that would require the attorney general, as well as certain other
state officials, to disclose within 48 hours any political
contribution worth more than $500. And in Washington State,
legislation is being drafted to bar attorneys general who leave
office from lobbying their former colleagues for a year.
Perhaps most significant, a White House ethics lawyer in the
administration of George W. Bush has asked theAmerican Bar
Association
<http://topics.nytimes.com/top/reference/timestopics/organizations/a/american_bar_association/index.html?inline=nyt-org>to
change its national code of conduct to prohibit attorneys general
from discussing continuing investigations or other official matters
while participating in fund-raising events at resort destinations,
as they often now do. Those measures could be adopted in individual
states.
The actions follow aseries of articles
<http://www.nytimes.com/2014/10/29/us/lobbyists-bearing-gifts-pursue-attorneys-general.html?_r=0>in
The New York Times that examined how lawyers and lobbyists — from
major corporations, energy companies and even plaintiffs’ law firms
— have increasingly tried to influence state attorneys general.
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Posted incampaigns <http://electionlawblog.org/?cat=59>,chicanery
<http://electionlawblog.org/?cat=12>
“Will fairer districts mean longer Ohio legislative terms?”
<http://electionlawblog.org/?p=69386>
Posted onDecember 29, 2014 1:42 pm
<http://electionlawblog.org/?p=69386>byRick Hasen
<http://electionlawblog.org/?author=3>
/Cincinnati Enquirer
<http://www.cincinnati.com/story/news/2014/12/28/will-fairer-districts-mean-longer-ohio-legislative-terms/20988225/>:/
Ohio lawmakers coalesced at the last minute to approve a deal that
could make its legislative maps fairer and more competitive — and
could open the way to examine letting those legislators serve longer
in office.
With redistricting reform headed to Ohio voters in 2015, many
legislators believe now is the time to review the state’s term limit
restrictions.
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Posted inredistricting <http://electionlawblog.org/?cat=6>,term limits
<http://electionlawblog.org/?cat=65>
“By the numbers: a 2014 money-in-politics index”
<http://electionlawblog.org/?p=69384>
Posted onDecember 29, 2014 1:38 pm
<http://electionlawblog.org/?p=69384>byRick Hasen
<http://electionlawblog.org/?author=3>
CPI reports
<http://www.publicintegrity.org/2014/12/29/16562/numbers-2014-money-politics-index?utm_source=email&utm_campaign=watchdog&utm_medium=publici-email&goal=0_ffd1d0160d-b24222b0bf-100055017&mc_cid=b24222b0bf&mc_eid=5427f0b24a>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Documents Reveal Details of F.B.I. Investigation Into Disgraced
Senator Ensign” <http://electionlawblog.org/?p=69382>
Posted onDecember 29, 2014 1:36 pm
<http://electionlawblog.org/?p=69382>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT
<http://www.nytimes.com/2014/12/30/us/politics/documents-reveal-details-of-fbi-investigation-into-disgraced-senator-john-ensign.html?_r=0>:
The Justice Department’s decision not to charge Mr. Ensign was
widely seen as a sign of its skittishness about prosecuting and
potentially losing public corruption cases in the wake of stinging
courtroom defeats against former SenatorsTed Stevens of Alaska
<http://www.nytimes.com/2009/04/08/us/politics/08stevens.html>andJohn Edwards
of North Carolina
<http://www.nytimes.com/2012/06/01/us/edwards-jury-returns-not-guilty-verdict-on-one-count.html>.
The documents confirm that speculation: In an internal email in 2011
assessing the chances of prosecuting Mr. Ensign, a top prosecutor
wrote that “the legal theory is possible with the right facts” but
that the “mere response” of helping a former Senate employee to find
work “is not enough.” Another prosecutor wrote that “this is a
really tough case to win.”
The documents show that the investigation was also complicated by a
legal conflict because Lanny A. Breuer, head of the Justice
Department’s criminal division at the time, had worked with a
defense lawyer in the Ensign camp at Mr. Breuer’s prior law firm,
Covington & Burling. Mr. Breuer was temporarily recused from the
Ensign investigation as a result of the conflict, the records show,
but later got a waiver that allowed him to oversee it with certain
restrictions put on him, officials said.
In 2012, Mr. Breuer and the Justice Department decided not to bring
criminal charges against Mr. Ensign.
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Posted inchicanery <http://electionlawblog.org/?cat=12>,conflict of
interest laws <http://electionlawblog.org/?cat=20>
“Top 5 Best and Worst Moments in 2014 for Money in Politics and
Voting Rights” <http://electionlawblog.org/?p=69379>
Posted onDecember 24, 2014 7:55 pm
<http://electionlawblog.org/?p=69379>byRick Hasen
<http://electionlawblog.org/?author=3>
CLC Blog
<http://clcblog.org/index.php?option=com_content&view=article&id=589:top-5-best-and-worst-moments-of-2014-for-money-in-politics-and-voting-rights>.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Groups’ Supreme Court Brief Supports Florida Law Barring Campaign
Solicitations by Judges” <http://electionlawblog.org/?p=69377>
Posted onDecember 24, 2014 11:22 am
<http://electionlawblog.org/?p=69377>byRick Hasen
<http://electionlawblog.org/?author=3>
See here.
<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=2743:december-24-2014-groups-supreme-court-brief-supports-florida-law-barring-campaign-solicitations-by-judges&catid=63:legal-center-press-releases&Itemid=61>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,judicial
elections <http://electionlawblog.org/?cat=19>
My Oped on Exposing Uncecessary Secrets of Supreme Court Among Most
Read NLJ Opeds of 2014 <http://electionlawblog.org/?p=69374>
Posted onDecember 24, 2014 10:45 am
<http://electionlawblog.org/?p=69374>byRick Hasen
<http://electionlawblog.org/?author=3>
The NLJ:
<http://www.nationallawjournal.com/legaltimes/blog-of-legal-times/id=1202713362647/NLJ-OpEd-Collection-The-Most-Read-of-2014?mcode=1383246464404&curindex=0>
NLJ op-ed writers confronted a range of issues this year, including:
law students’ push to delay exams amid protests against police use
of force; U.S. Supreme Court secrecy; surveillance; public access to
information about drones; the death penalty; compensation for law
firm leaders; and affirmative action….
*A Call to Expose the Unnecessary Secrets of the Supreme Court
<http://www.nationallawjournal.com/id=1202674529554/OpEd-A-Call-to-Expose-the-Unnecessary-Secrets-of-the-Supreme-Court>*
/*By Richard L. Hasen*/,/University of California, Irvine School of Law/
The Supreme Court has no excuse for being so opaque about its
practices. There is a whole set of ways that it could improve on its
transparency.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
Brian Svoboda’s FEC’s Night Before Christmas
<http://electionlawblog.org/?p=69372>
Posted onDecember 24, 2014 8:16 am
<http://electionlawblog.org/?p=69372>byRick Hasen
<http://electionlawblog.org/?author=3>
Tweeted and storified
<https://storify.com/NLSSanders/fec-nightmare-before-christmas>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,election
law "humor" <http://electionlawblog.org/?cat=52>,federal election
commission <http://electionlawblog.org/?cat=24>
“New Census Estimates Show Slight Changes For Congressional
Apportionment Now, But Point to Larger Changes by 2020″
<http://electionlawblog.org/?p=69368>
Posted onDecember 24, 2014 7:38 am
<http://electionlawblog.org/?p=69368>byRick Hasen
<http://electionlawblog.org/?author=3>
Election Data Services
<http://electionlawblog.org/wp-content/uploads/NR_Appor14bwTablesMaps.pdf>:
New Census Bureau population estimates released today show four
states would change their congressional representation compared to
what they officially received with the 2010 Census and apportionment
process four years ago. This represents a doubling of the number of
states in just the past year. The Bureau’s 2013 estimates showed the
state of North Carolina would be gaining an additional district
(their 14th) if the new population estimates were used
for apportionment, while the state of Minnesota would lose a
congressional district (going from their current 8 districts down to
7 districts). The new 2014 estimates shows the state of Texas will
also gain a district (going from 36 to 37 districts), while the
state of Pennsylvania will drop from 18 to 17 districts if
apportionment was done with the new numbers. All other states
would keep the same number of representatives they were awarded in
December, 2010 when the official 2010 Census numbers were released.
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Posted inredistricting <http://electionlawblog.org/?cat=6>
“Delamaide: Lobbyists losing disclosure war”
<http://electionlawblog.org/?p=69366>
Posted onDecember 24, 2014 7:35 am
<http://electionlawblog.org/?p=69366>byRick Hasen
<http://electionlawblog.org/?author=3>
USA Today oped.
<http://www.usatoday.com/story/money/business/2014/12/23/delamaide-business-lobbyists-fight-disclosure/20836831/>
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Posted inlobbying <http://electionlawblog.org/?cat=28>
“Wealthy Donors Sided with Democrats in Midterms”
<http://electionlawblog.org/?p=69364>
Posted onDecember 24, 2014 7:31 am
<http://electionlawblog.org/?p=69364>byRick Hasen
<http://electionlawblog.org/?author=3>
AP
<http://hosted.ap.org/dynamic/stories/U/US_POLITICAL_MONEY_BIGGEST_DONORS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT>:
“For as often as Democrats attack the conservative billionaires Charles
and David Koch for their heavy spending on politics, it’s actually the
liberal-minded who shelled out the most cash in the just completed
midterm elections.”
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Head of Democratic Governors Association backs greater donor
transparency” <http://electionlawblog.org/?p=69361>
Posted onDecember 23, 2014 8:49 pm
<http://electionlawblog.org/?p=69361>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo reports.
<http://www.washingtonpost.com/blogs/govbeat/wp/2014/12/23/head-of-democratic-governors-association-backs-transparency-on-donors/>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Inquiry Into I.R.S. Lapses Shows No Links to White House”
<http://electionlawblog.org/?p=69359>
Posted onDecember 23, 2014 8:47 pm
<http://electionlawblog.org/?p=69359>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT
<http://www.nytimes.com/2014/12/24/us/house-irs-inquiry-shows-no-connections-to-white-house.html?ref=politics&_r=0>:
An 18-month congressional investigation into theInternal Revenue
Service
<http://topics.nytimes.com/top/reference/timestopics/organizations/i/internal_revenue_service/index.html?inline=nyt-org>’s
mistreatment of conservative political groups seeking tax exemptions
failed to show coordination between agency officials and political
operatives in the White House, according to a report released on
Tuesday….In a parting shot, Mr. Issa released the226-page summary
<http://oversight.house.gov/wp-content/uploads/2014/12/December-2014-IRS-Report.pdf>of
the panel’s findings on Tuesday. It said that language used in
emails collected by the committee suggested that I.R.S. officials in
thetax-exemption unit
<http://www.nytimes.com/2013/05/19/us/politics/at-irs-unprepared-office-seemed-unclear-about-the-rules.html>were
trying to find ways to penalize groups they disliked
Share
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,tax law
and election law <http://electionlawblog.org/?cat=22>
Bauer on Sunstein’s “Partyism” <http://electionlawblog.org/?p=69357>
Posted onDecember 23, 2014 9:26 am
<http://electionlawblog.org/?p=69357>byRick Hasen
<http://electionlawblog.org/?author=3>
Here. <http://www.moresoftmoneyhardlaw.com/2014/12/partyism/>
Share
<https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D69357&title=Bauer%20on%20Sunstein%E2%80%99s%20%E2%80%9CPartyism%E2%80%9D&description=>
Posted inpolitical parties
<http://electionlawblog.org/?cat=25>,political polarization
<http://electionlawblog.org/?cat=68>
“Romanticizing Democracy, Political Fragmentation, and the Decline
of American Government” <http://electionlawblog.org/?p=69355>
Posted onDecember 23, 2014 9:25 am
<http://electionlawblog.org/?p=69355>byRick Hasen
<http://electionlawblog.org/?author=3>
Oooh—new Rick Pildes
<http://yalelawjournal.org/pdf/PildesPDF_r93catbu.pdf>in the YLJ.
Share
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Posted inpolitical parties
<http://electionlawblog.org/?cat=25>,political polarization
<http://electionlawblog.org/?cat=68>
--
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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