[EL] ELB News and Commentary 2/20/14
Rick Hasen
rhasen at law.uci.edu
Wed Feb 19 21:05:04 PST 2014
Linda Greenhouse Writes on the Passing of Robert Dahl, and His Views
of the Supreme Court <http://electionlawblog.org/?p=58893>
Posted on February 19, 2014 9:02 pm
<http://electionlawblog.org/?p=58893>by Rick Hasen
<http://electionlawblog.org/?author=3>
Worth a read.
<http://www.nytimes.com/2014/02/20/opinion/greenhouse-law-and-politics.html?ref=politics>
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Posted in election law biz <http://electionlawblog.org/?cat=51>, Supreme
Court <http://electionlawblog.org/?cat=29>
"Battleground Texas Activities Draw Questions"
<http://electionlawblog.org/?p=58891>
Posted on February 19, 2014 8:04 pm
<http://electionlawblog.org/?p=58891>by Rick Hasen
<http://electionlawblog.org/?author=3>
Texas Tribune
<http://www.texastribune.org/2014/02/19/election-officials-question-battleground-activitie/>:
While saying it had received no complaint against the Democratic
group Battleground Texas, the office of Texas Secretary of State
Nandita Berry suggested Wednesday that the group's voter
registration practices might rise to a "potential level of offense"
of state election law.
Battleground Texas strongly disputes breaking any laws and said a
flap over its registration efforts has Republicans running
scared. At issue is a videotaped conversation
<https://www.youtube.com/watch?v=gXKwQI_0kDI> with Battleground
Texas volunteers in Bexar County. It was gathered surreptitiously by
controversial conservative activist James O'Keefe, who has sent
people posing as interested volunteers to infiltrate Democratic or
liberal activist groups, after which he disseminates video that was
secretly gathered.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>, voter registration
<http://electionlawblog.org/?cat=37>
"The Campaign Casino: Elections Have Become a Get-Rich-Quick Scheme,
and the Press Is Missing the Story"
<http://electionlawblog.org/?p=58889>
Posted on February 19, 2014 3:28 pm
<http://electionlawblog.org/?p=58889>by Rick Hasen
<http://electionlawblog.org/?author=3>
Lee Aitkin has written a new paper
<http://shorensteincenter.org/wp-content/uploads/2014/02/d83-aitken.pdf>
for Harvard's Shorenstein Center. Here is an excerpt
<http://shorensteincenter.org/2014/02/d83-aitken/>:
The 2012 campaign cycle was "the greatest windfall" for political
operatives in American history, Democratic consultant Hank Sheinkopf
has said---a $6 billion spending frenzy unmatched in U.S. politics.
So who pocketed all that cash? Most of it went for ads on TV, radio
and the Internet, of course; media buys are the biggest expense in
any election. But Kantar Media's Campaign Media Analysis Group,
which tracks broadcast spending, puts the 2012 total for all media
at roughly $5 billion, which left another one billion at the
disposal of the "campaign industrial complex"---that standing army
of consultants, pollsters, mailers, data gurus and field organizers.
Did this torrent of money---raised and spent under the new rules of
the Supreme Court's /Citizens United/ decision---make anyone rich?
Did it create new financial incentives that changed the way the game
is played or altered the political discourse? Has it, as some argue,
bankrolled the polarization of America?
These legitimate questions are difficult to answer under current
disclosure laws. And the U.S. press has been oddly complacent about
that fact, continuing a tradition that puts the financial gains of
political operatives---who are great sources and valued customers of
the big media companies---off limits. The presumption seems to be
that these men and women are motivated by ideology and personal
loyalty, their payoff, if any, just a happy coincidence and a
private matter.
But this attitude is woefully out of date now that what /Bloomberg
Businessweek/ called "a Cayman Islands--style web of nonprofit front
groups and shell companies" is being used not only to shield donors
but also to obscure the self-enrichment of the political
class. [iii] When a consultant can earn millions of dollars in a
single election cycle by moving nimbly between the campaigns, the
independent spending groups and the vendors that get their business,
it's time to revive the Watergate-era mantra, "follow the money."
The new era of campaign finance is a "real crisis for American
journalism," /Washington Post/ associate editor Robert Kaiser told
an audience at Harvard Law School in September, 2013, "and we have
not risen to the occasion."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
campaigns <http://electionlawblog.org/?cat=59>, political parties
<http://electionlawblog.org/?cat=25>, political polarization
<http://electionlawblog.org/?cat=68>
"Voters' bill of Rights Blocked in Ohio"
<http://electionlawblog.org/?p=58887>
Posted on February 19, 2014 3:18 pm
<http://electionlawblog.org/?p=58887>by Rick Hasen
<http://electionlawblog.org/?author=3>
MSNBC reports <http://www.msnbc.com/msnbc/voters-bill-rights-blocked-ohio>.
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Posted in direct democracy <http://electionlawblog.org/?cat=62>,
election administration <http://electionlawblog.org/?cat=18>, The Voting
Wars <http://electionlawblog.org/?cat=60>
"New PACs try to elect state election officials"
<http://electionlawblog.org/?p=58885>
Posted on February 19, 2014 2:06 pm
<http://electionlawblog.org/?p=58885>by Rick Hasen
<http://electionlawblog.org/?author=3>
/USA Today /reports.
<http://www.usatoday.com/story/news/politics/2014/02/19/secretary-of-state-pac/5575097/>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
election administration <http://electionlawblog.org/?cat=18>, The Voting
Wars <http://electionlawblog.org/?cat=60>
"Spending $100m to save the planet is a bad thing for 'sugar daddy'
politics" <http://electionlawblog.org/?p=58883>
Posted on February 19, 2014 1:53 pm
<http://electionlawblog.org/?p=58883>by Rick Hasen
<http://electionlawblog.org/?author=3>
Andy Kroll writes
<http://www.theguardian.com/commentisfree/2014/feb/19/tom-steyer-super-pac-climate-change>
for /The Guardian./
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
New DEMOS Report: "Millions to the Polls"
<http://electionlawblog.org/?p=58880>
Posted on February 19, 2014 12:35 pm
<http://electionlawblog.org/?p=58880>by Rick Hasen
<http://electionlawblog.org/?author=3>
Demos has just released a new report "Millions to the Polls: Practical
Policies to Fulfill the Freedom to Vote for All Americans
<http://www.demos.org/millions-polls>" written by Liz Kennedy and J.
Mijin Cha. It looks at best practices and make recommendations for
sixteen policies in three areas:
* *Expanding and Streamlining Voter Registration*
<http://demos.us6.list-manage.com/track/click?u=1cee3e038dcaec824486f6354&id=be2a57e1ae&e=313ffe58af>.
* *Making Voting Work*
<http://demos.us6.list-manage.com/track/click?u=1cee3e038dcaec824486f6354&id=4308e0efdd&e=313ffe58af>.
* *Protecting and Counting Every Vote*
<http://demos.us6.list-manage.com/track/click?u=1cee3e038dcaec824486f6354&id=0ae90752ce&e=313ffe58af>.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>
"Unsealed email ties Scott Walker to secret email system"
<http://electionlawblog.org/?p=58878>
Posted on February 19, 2014 12:34 pm
<http://electionlawblog.org/?p=58878>by Rick Hasen
<http://electionlawblog.org/?author=3>
The latest
<http://www.jsonline.com/news/statepolitics/court-set-to-release-emails-documents-tied-to-ex-aide-to-scott-walker-b99208267z1-246128301.html>from
Wisconsin. MORE
<http://www.nytimes.com/2014/02/20/us/wisconin-political-investigation.html?hp>from
NYT.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, ethics
investigations <http://electionlawblog.org/?cat=42>
"Kentucky Senate appears poised to approve constitutional amendment
on felon voting rights" <http://electionlawblog.org/?p=58876>
Posted on February 19, 2014 11:04 am
<http://electionlawblog.org/?p=58876>by Rick Hasen
<http://electionlawblog.org/?author=3>
Kentucky.com reports
<http://www.kentucky.com/2014/02/18/3095962/kentucky-senate-appears-poised.html>.
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Posted in felon voting <http://electionlawblog.org/?cat=66>
"Responding to Shelby County: A Grand Election Bargain"
<http://electionlawblog.org/?p=58873>
Posted on February 19, 2014 10:27 am
<http://electionlawblog.org/?p=58873>by Rick Hasen
<http://electionlawblog.org/?author=3>
Dan Tokaji has posted this draft
<http://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2387516>on SSRN
(forthcoming, /Harvard Law & Policy Review/). Here is the abstract:
The immediate reaction to the Supreme Court's decision in Shelby
County v. Holder was predictably fast, furious, and fissured. Some
lauded the decision as a long overdue recognition that things really
have changed in the South since the bad old days of mass
disenfranchisement, so effectively demolished by the Voting Rights
Act of 1965 (VRA). Others lamented the Court's unceremonious
disposal of the civil rights movement's "crown jewel." While there
is some truth in both perspectives, this article focuses on what
both sides have largely missed.
The article argues that Shelby County provides an opportunity for
Congress to take constructive action to protect the vote for all
eligible citizens. It proposes a Grand Election Bargain: federal
legislation that would expand the opportunities for voter
registration (a priority for Democrats) while requiring voter
identification (a priority for Republicans) in federal elections.
The approach suggested here is a necessary complement to the
race-based remedies available under current law, one that would
expand the right to vote more generally. It is a proposal for a
Voting Rights Act that will address the problems of the current
century rather than those of the last century.
Despite the improvements over the years, significant gaps in
registration and participation remain for some demographic groups --
especially Latinos, Asian Americans, people of limited education and
income, people with disabilities, and young people. Liberalized
voter registration rules, particularly same-day registration can
help include some of those most likely to be left out. The federal
registration and identification rules proposed here would preempt
contrary state laws in federal elections. This lies squarely within
Congress' power under the Elections Clause, as clarified by the
Court's decision in Arizona v. Inter Tribal Council of Arizona.
Part I of the article briefly describes what Shelby County did,
setting the stage for discussion of the Voting Rights Act's actual
and perceived effects on election administration. Part II assesses
what the preclearance regime was doing before Shelby County, showing
that Section 5 was mostly used to stop vote dilution, but did
relatively little to stop the new vote denial. Part III examines the
evidence regarding who votes and who doesn't, as well as the causes
for low registration and participation among some groups. Part IV
proposes a Grand Election Bargain that would expand voter
registration and voter identification in federal elections,
providing consistent national rules that would trump contrary state
and local laws, while moving us closer to the ideal of including all
eligible voters in the electorate.
Can't wait to read this!
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Posted in election administration <http://electionlawblog.org/?cat=18>,
Supreme Court <http://electionlawblog.org/?cat=29>, The Voting Wars
<http://electionlawblog.org/?cat=60>, Voting Rights Act
<http://electionlawblog.org/?cat=15>
"Reconsidering the Insular Cases" <http://electionlawblog.org/?p=58871>
Posted on February 19, 2014 9:24 am
<http://electionlawblog.org/?p=58871>by Rick Hasen
<http://electionlawblog.org/?author=3>
Today at Harvard
<http://hrp.law.harvard.edu/academic/opportunities-for-scholarship/conferences/reconsidering-the-insular-cases/>.
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Posted in voting <http://electionlawblog.org/?cat=31>
"Residents And Advocates Sue City Of Cranston Over Redistricting
Plan That Counts Incarcerated Population As Residents"
<http://electionlawblog.org/?p=58869>
Posted on February 19, 2014 9:23 am
<http://electionlawblog.org/?p=58869>by Rick Hasen
<http://electionlawblog.org/?author=3>
Demos press release.
<http://www.demos.org/press-release/residents-and-advocates-sue-city-cranston-over-redistricting-plan-counts-incarcerated->
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Posted in felon voting <http://electionlawblog.org/?cat=66>,
redistricting <http://electionlawblog.org/?cat=6>
Jonathan Bernstein is Not Worried About Super PAC Coordination
<http://electionlawblog.org/?p=58867>
Posted on February 19, 2014 7:58 am
<http://electionlawblog.org/?p=58867>by Rick Hasen
<http://electionlawblog.org/?author=3>
See here
<http://www.bloomberg.com/news/2014-02-18/our-pointless-futile-campaign-finance-regulation.html?alcmpid=view>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"In NYC, Liberals Want to Let Illegal Aliens Vote and Prosecute the
Police for Trying to Stop Them" <http://electionlawblog.org/?p=58865>
Posted on February 19, 2014 7:22 am
<http://electionlawblog.org/?p=58865>by Rick Hasen
<http://electionlawblog.org/?author=3>
This RNLA blog post
<http://thereplawyer.blogspot.com/2014/02/in-nyc-liberals-want-to-let-illegal.html>
links to an important story I missed in the /NY Daily News/: Faced With
Reports Of "Dead" Voters, NYC Board Of Elections Says Investigate The
Investigators
<http://www.nydailynews.com/blogs/dailypolitics/2014/01/faced-with-reports-of-dead-voters-nyc-board-of-elections-says-investigate-the->.
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Posted in chicanery <http://electionlawblog.org/?cat=12>
"Once Neglected, Secretaries Of State Step Into The Spotlight"
<http://electionlawblog.org/?p=58863>
Posted on February 19, 2014 7:19 am
<http://electionlawblog.org/?p=58863>by Rick Hasen
<http://electionlawblog.org/?author=3>
Peter Overby reports
<http://www.npr.org/2014/02/18/279216391/once-neglected-secretaries-of-state-step-into-the-spotlight?ft=1&f=1001&utm_content=socialflow&utm_campaign=nprnews&utm_source=npr&utm_medium=twitter>
for NPR.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
election administration <http://electionlawblog.org/?cat=18>, The Voting
Wars <http://electionlawblog.org/?cat=60>
"Supreme Court Challenge to WI Dark Money Probe Raises Questions of
Judicial Ethics" <http://electionlawblog.org/?p=58861>
Posted on February 19, 2014 7:09 am
<http://electionlawblog.org/?p=58861>by Rick Hasen
<http://electionlawblog.org/?author=3>
Brendan Fischer blogs.
<http://www.prwatch.org/news/2014/02/12389/new-challenge-john-doe-raises-questions-judicial-ethics>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Big-Money Politics Groups Get Clarity From IRS They Hate"
<http://electionlawblog.org/?p=58859>
Posted on February 19, 2014 7:07 am
<http://electionlawblog.org/?p=58859>by Rick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg reports.
<http://www.bloomberg.com/news/2014-02-19/big-money-politics-groups-get-clarity-from-irs-they-hate.html?alcmpid=politics>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22>
"Of Fragmentation and Networks, and the State of Political Parties"
<http://electionlawblog.org/?p=58857>
Posted on February 19, 2014 7:06 am
<http://electionlawblog.org/?p=58857>by Rick Hasen
<http://electionlawblog.org/?author=3>
Bob Bauer's latest.
<http://www.moresoftmoneyhardlaw.com/2014/02/fragmentation-networks-state-political-parties/>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
political parties <http://electionlawblog.org/?cat=25>, political
polarization <http://electionlawblog.org/?cat=68>
"The Christie scandal everyone overlooked: A $12 million
self-motivated political scheme" <http://electionlawblog.org/?p=58855>
Posted on February 19, 2014 7:04 am
<http://electionlawblog.org/?p=58855>by Rick Hasen
<http://electionlawblog.org/?author=3>
Rob Richie and Devin McCarthy
<http://www.salon.com/2014/02/17/the_christie_scandal_everyone_overlooked_a_12_million_self_motivated_political_scheme/>
in /Salon/:
We now know that in 2013, the administration of New Jersey Gov.
Chris Christie at least twice used its executive powers of
governance for political ends. The story that's received the most
attention, of course, is high-level Christie aides calling for lane
closures on the George Washington Bridge, possibly for political
retribution against the mayor of Fort Lee. But another scandal
received far less attention: the news that Christie called for a
costly, self-motivated and unnecessary U.S. Senate special election
just weeks before Election Day to boost his own vote percentage.
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Posted in campaigns <http://electionlawblog.org/?cat=59>, chicanery
<http://electionlawblog.org/?cat=12>
"No Small Stuff (cont.): Ballot Error Costs Pulaski $12,800?
<http://electionlawblog.org/?p=58853>
Posted on February 19, 2014 6:57 am
<http://electionlawblog.org/?p=58853>by Rick Hasen
<http://electionlawblog.org/?author=3>
A ChapinBlog
<http://blog.lib.umn.edu/cspg/electionacademy/2014/02/no_small_stuff_cont_ballot_err.php>.
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Posted in election administration <http://electionlawblog.org/?cat=18>
"Firewall Between Candidates and Super PACs Breaking Down | Rules of
the Game" <http://electionlawblog.org/?p=58851>
Posted on February 19, 2014 6:56 am
<http://electionlawblog.org/?p=58851>by Rick Hasen
<http://electionlawblog.org/?author=3>
Eliza's latest
<http://blogs.rollcall.com/beltway-insiders/candidate-super-pac-coordination/>.
I discuss the problems with Super PAC coordination tests in Super PAC
Contributions, Corruption, and the Coordination Proxy Wars
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2383452> (newly
revised draft).
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Posted in campaign 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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