[EL] ELB News and Commentary 1/15/14

Tue Jan 14 21:12:41 PST 2014

    "The Last Rites of Public Campaign Financing?"
    <http://electionlawblog.org/?p=57958>

Posted on January 14, 2014 8:50 pm 
<http://electionlawblog.org/?p=57958>by Rick Hasen 
<http://electionlawblog.org/?author=3>

James Sample has postedthis draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2378393>on SSRN 
(/Nebraska Law Review/). Here is the abstract:

    In the wake of the Supreme Court's 5--4 decision in Arizona Free
    Enterprise v. Bennett, this Article asserts the current predicament
    of public campaign financing is such that options that are still on
    the table under the Court's First Amendment jurisprudence are, with
    only rare and idiosyncratic exceptions, fiscal and political
    non-starters. Conversely, options that would be, and indeed
    previously had been, fiscally and politically viable, are now, even
    after years of their routine practice in varied jurisdictions, no
    longer constitutional. It is, in short, simultaneously a legal and
    practical dilemma.

    Short of highly unlikely swings of the Supreme Court pendulum, and
    absent an even more unlikely constitutional amendment, cities,
    states, and federal government actors, who might otherwise consider
    allowing candidates for office to opt for voluntary public
    financing, now find themselves between a legal rock and a fiscal
    hard place: unless a jurisdiction adopts, via extraordinarily high
    initial lump sum funding that grossly overspends the people's money
    to the point of fiscal ruin, any candidate opting in is effectively
    volunteering only to play the role of a sitting duck.

    On the more promising side, this Article asserts that systems that
    operate based on offering funding as a multiple for small-donor
    donations offer one potential solution to the dilemma. However, the
    Article ultimately contends that such systems are particularly
    vulnerable in jurisdictions with small populations insofar as
    moneyed interest groups from outside the jurisdiction can easily
    overwhelm, for example, even the multiplied donations of the
    citizens of largely rural states or jurisdictions.

A pessimistic, convincing account of the potential for public financing 
in the near to medium term. I always learn from Sample's careful work!

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme 
Court <http://electionlawblog.org/?cat=29>

    "Spending bill: FEC budget still below 2010 levels"
    <http://electionlawblog.org/?p=57956>

Posted on January 14, 2014 8:27 pm 
<http://electionlawblog.org/?p=57956>by Rick Hasen 
<http://electionlawblog.org/?author=3>

CPI reports. 
<http://www.publicintegrity.org/2014/01/14/14105/spending-bill-fec-budget-still-below-2010-levels>

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal 
election commission <http://electionlawblog.org/?cat=24>

    "Judge Reinstates Some Federal Oversight of Voting Practices for an
    Alabama City" <http://electionlawblog.org/?p=57954>

Posted on January 14, 2014 5:43 pm 
<http://electionlawblog.org/?p=57954>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Adam Liptak 
<http://www.nytimes.com/2014/01/15/us/judge-reinstates-federal-oversight-of-voting-practices-for-alabama-city.html?rref=us&_r=0> 
for NYT: "A federal judge in Alabama on Monday reinstated federal 
oversight 
<https://www.documentcloud.org/documents/1005529-82-order-section-3c-1.html> 
over the voting practices of a city there, in what election law 
specialists said was the first such move since the Supreme Court struck 
down <http://www.supremecourt.gov/opinions/12pdf/12-96_6k47.pdf> part of 
the Voting Rights Act in June."

This is not much of a trendsetter for other cases, because the City of 
Evergreen agreed to be bailed in under the Act---while North Carolina 
and Texas are fighting the efforts strongly:

    A lawyer for the city, James H. Anderson, said his client had agreed
    to and welcomed the order. Early federal approval of voting changes,
    he said, could prevent later lawsuits.

    The city has acknowledged flaws in its handling of voter rolls and
    has revised its approach to redistricting in light of an earlier
    court ruling.

    Richard L. Hasen, who teaches election law at the University of
    California, Irvine, said the more interesting fights over Section 3
    would come in Texas and North Carolina, where state officials are
    opposing the Justice Department's attempts to restore federal oversight.

    "It does show," Professor Hasen said of Judge Granade's decision,
    "that there can still be a role for the Justice Department to
    preclear voting changes."

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

    Charlie White Stays Free Pending Appeal
    <http://electionlawblog.org/?p=57951>

Posted on January 14, 2014 1:13 pm 
<http://electionlawblog.org/?p=57951>by Rick Hasen 
<http://electionlawblog.org/?author=3>

The latest 
<http://www.theindianalawyer.com/charlie-white-stays-free-pending-appeal/PARAMS/article/33260>from 
Indiana.

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Posted in SOS White <http://electionlawblog.org/?cat=13>

    Election Law Blog Mini-Symposium on Upcoming Bauer-Ginsberg Report
    <http://electionlawblog.org/?p=57949>

Posted on January 14, 2014 1:11 pm 
<http://electionlawblog.org/?p=57949>by Rick Hasen 
<http://electionlawblog.org/?author=3>

According toa statement <http://electionlawblog.org/?p=56681> issued by 
the Presidential Commission on Election Administration (PCEA, or more 
colloquially, Bauer-Ginsberg for its chairs Bob Bauer and Ben Ginsberg), 
the Commission is expected to release its report some time in January.

When it comes out, ELB contributors will participate in a mini-symposium 
on the Commission's recommendations and actions.

Stay tuned!

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
PCEA (Bauer-Ginsberg Commission) <http://electionlawblog.org/?cat=79>

    "Listeners Are Entitled to Know by Whom They Are Being Persuaded"
    <http://electionlawblog.org/?p=57947>

Posted on January 14, 2014 9:24 am 
<http://electionlawblog.org/?p=57947>by Rick Hasen 
<http://electionlawblog.org/?author=3>

CLC Blog. 
<http://www.clcblog.org/index.php?option=com_content&view=article&id=544:listeners-are-entitled-to-know-by-whom-they-are-being-persuaded>

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

    "Advancing the Empirical Research on Lobbying"
    <http://electionlawblog.org/?p=57945>

Posted on January 14, 2014 9:24 am 
<http://electionlawblog.org/?p=57945>by Rick Hasen 
<http://electionlawblog.org/?author=3>

John M. De Figueiredo and Brian Richter have postedthis draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2360575> on SSRN 
(forthcoming, /Annual Review of Political Science/).  Here is the abstract:

    This essay identifies the empirical facts about lobbying which are
    generally agreed upon in the literature. It then discusses
    challenges to empirical research in lobbying and provides examples
    of empirical methods that can be employed to overcome these
    challenges --- with an emphasis on statistical measurement,
    identification, and casual inference. The essay then discusses the
    advantages, disadvantages, and effective use of the main types of
    data available for research in lobbying. It closes by discussing a
    number of open questions for researchers in the field and avenues
    for future work to advance the empirical research in lobbying.

The first part of my Stanford paper,Lobbying Rent Seeking and the 
Constitution 
<http://www.stanfordlawreview.org/print/article/lobbying-rent-seeking-and-constitution>, 
also offers this kind of literature review.

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Posted in lobbying <http://electionlawblog.org/?cat=28>

    Demos President Rapoport to Head Common Cause
    <http://electionlawblog.org/?p=57943>

Posted on January 14, 2014 8:52 am 
<http://electionlawblog.org/?p=57943>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Big news 
<http://www.demos.org/press-release/president-miles-rapoport-leaving-demos-lead-common-cause>.

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Posted in election law biz <http://electionlawblog.org/?cat=51>

    "Political Groups Aim Early Attacks At New Hampshire Senator"
    <http://electionlawblog.org/?p=57941>

Posted on January 14, 2014 8:52 am 
<http://electionlawblog.org/?p=57941>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Peter Overby 
<http://www.npr.org/blogs/itsallpolitics/2014/01/13/262191075/political-groups-aim-early-attacks-at-new-hampshire-senator> 
on c4s playing early in New Hampshire.

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

    "Conservative Group to Air Ads Attacking Health Law in Michigan and
    Iowa" <http://electionlawblog.org/?p=57939>

Posted on January 14, 2014 8:31 am 
<http://electionlawblog.org/?p=57939>by Rick Hasen 
<http://electionlawblog.org/?author=3>

NYT reports. 
<http://thecaucus.blogs.nytimes.com/2014/01/14/conservative-group-to-air-ads-attacking-health-law-in-michigan-and-iowa/?_r=0>

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

    "Campaign Finance, Polarization and the Case of the Lost Car Keys"
    <http://electionlawblog.org/?p=57937>

Posted on January 14, 2014 7:41 am 
<http://electionlawblog.org/?p=57937>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Bob Bauer blogs 
<http://www.moresoftmoneyhardlaw.com/2014/01/campaign-finance-polarization-and-the-case-of-the-lost-car-keys/>.

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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>

    "Why Campaign Finance Laws Make Things Worse"
    <http://electionlawblog.org/?p=57935>

Posted on January 14, 2014 7:39 am 
<http://electionlawblog.org/?p=57935>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Jonathan Bernstein writes 
<http://www.bloomberg.com/news/2014-01-13/why-campaign-finance-laws-make-things-worse.html> 
for Bloomberg View.

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

    "Election Laws, Mobilization, and Turnout: The Unanticipated
    Consequences of Election Reform" <http://electionlawblog.org/?p=57933>

Posted on January 14, 2014 7:38 am 
<http://electionlawblog.org/?p=57933>by Rick Hasen 
<http://electionlawblog.org/?author=3>

Barry Burden, David Canon, Ken Mayer and Donald Moynihan have written 
this article 
<http://onlinelibrary.wiley.com/doi/10.1111/ajps.12063/abstract> for 
AJPS.  Here is the abstract:

    State governments have experimented with a variety of election laws
    to make voting more convenient and increase turnout. The impacts of
    these reforms vary in surprising ways, providing insight into the
    mechanisms by which states can encourage or reduce turnout. Our
    theory focuses on mobilization and distinguishes between the direct
    and indirect effects of election laws. We conduct both aggregate and
    individual-level statistical analyses of voter turnout in the 2004
    and 2008 presidential elections. The results show that Election Day
    registration has a consistently positive effect on turnout, whereas
    the most popular reform---early voting---is actually associated with
    lower turnout when it is implemented by itself. We propose that
    early voting has created negative unanticipated consequences by
    reducing the civic significance of elections for individuals and
    altering the incentives for political campaigns to invest in
    mobilization.

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Posted in election administration <http://electionlawblog.org/?cat=18>

    "New law gives vote to some 17 year olds"
    <http://electionlawblog.org/?p=57931>

Posted on January 14, 2014 7:34 am 
<http://electionlawblog.org/?p=57931>by Rick Hasen 
<http://electionlawblog.org/?author=3>

News 
<http://www.theintelligencer.com/local_news/article_81488f86-7953-11e3-94b9-001a4bcf887a.html> 
from Edwardsville, IL.

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

    "Gillespie Senate run tests stigma of 'lobbyist' label"
    <http://electionlawblog.org/?p=57929>

Posted on January 14, 2014 7:33 am 
<http://electionlawblog.org/?p=57929>by Rick Hasen 
<http://electionlawblog.org/?author=3>

/The Hill/ reports. 
<http://thehill.com/business-a-lobbying/business-a-lobbying/195320-gillespie-senate-run-tests-stigma-of-lobbyist-label>

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Posted in campaigns <http://electionlawblog.org/?cat=59>, lobbying 
<http://electionlawblog.org/?cat=28>

    "Ohio to Improve Voter Rolls, Expand Outreach -- Guess the
    Plaintiff!" <http://electionlawblog.org/?p=57927>

Posted on January 14, 2014 7:32 am 
<http://electionlawblog.org/?p=57927>by Rick Hasen 
<http://electionlawblog.org/?author=3>

A ChapinBlog 
<http://blog.lib.umn.edu/cspg/electionacademy/2014/01/ohio_to_improve_voter_rolls_ex.php>.

Spoiler alert: It's True the Vote.

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
NVRA (motor voter) <http://electionlawblog.org/?cat=33>, The Voting Wars 
<http://electionlawblog.org/?cat=60>

-- 
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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