[EL] ELB News and Commentary 1/24/14
Rick Hasen
rhasen at law.uci.edu
Thu Jan 23 20:55:11 PST 2014
"IRS Documents Highlight Uncertainty Over Social Welfare Threshold
Language" <http://electionlawblog.org/?p=58298>
Posted on January 23, 2014 8:48 pm
<http://electionlawblog.org/?p=58298>by Rick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg BNA:
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=40218656&vname=mpebulallissues&jd=a0e5p0t2b8&split=0>
To qualify for tax-exempt status, applicants for tax code Section
501(c)(4) status must ensure that 51 percent of their activities and
expenditures go toward social welfare causes, Internal Revenue
Service training materials say.
The materials, created for employees in the agency's Exempt
Organizations Determinations Unit and released to Bloomberg BNA
through the Freedom of Information Act, shed light on what has been
a controversial issue. Lawmakers, advocates and practitioners have
called for clarity on the amount of political activity a group can
engage in and still qualify for Section 501(c)(4) status.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22>
"Exclusive: Federal Probe into New Jersey Sen. Menendez Is Widening"
<http://electionlawblog.org/?p=58296>
Posted on January 23, 2014 8:43 pm
<http://electionlawblog.org/?p=58296>by Rick Hasen
<http://electionlawblog.org/?author=3>
NBC News reports.
<http://www.nbcnewyork.com/investigations/bob-menendez-federal-probe-nj-senator-i-team-241721381.html>
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Posted in chicanery <http://electionlawblog.org/?cat=12>
Mickey Edwards Pens NYT Oped Calling for Repeal of Sore Loser Laws
<http://electionlawblog.org/?p=58294>
Posted on January 23, 2014 8:41 pm
<http://electionlawblog.org/?p=58294>by Rick Hasen
<http://electionlawblog.org/?author=3>
Here. <http://www.nytimes.com/2014/01/24/opinion/perverse-primaries.html>
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Posted in political parties <http://electionlawblog.org/?cat=25>,
political polarization <http://electionlawblog.org/?cat=68>, primaries
<http://electionlawblog.org/?cat=32>
Duke Feb. 7 Campaign Finance Symposium Details
<http://electionlawblog.org/?p=58292>
Posted on January 23, 2014 5:05 pm
<http://electionlawblog.org/?p=58292>by Rick Hasen
<http://electionlawblog.org/?author=3>
I mentioned earlier that I have posted this draft about Super PACs,
corruption and coordination
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2383452>on SSRN and
that I'll be presenting it at a Feb. 7 symposium
<http://djclpp.law.duke.edu/symposium/> at Duke. I now have the full
program for the day. (There is no need to RSVP for this program:)
*The Future of Campaign Finance Reform*
/Hosted by the Duke Journal of Constitutional Law and Public Policy and
the Center on Law, Race, and Politics/
*Friday, February 7, 2013*
9:00 a.m. *Introductory Remarks//--/Sanford 223/*
**9:15 a.m. *Classifying Corruption* *--/Sanford 223/*
Authors: Yasmin Dawood, /Faculty of Law, University of Toronto/
Richard L. Hasen, /University of California, Irvine School of Law/
Moderator: Zephyr Teachout, /Fordham University School of Law/
Commentator: James A. Gardner, /SUNY Buffalo Law School/
10:25 a.m. Break
10:40 a.m. *Regulating Corruption --/Sanford 223/*
Authors: Eugene Mazo, /Wake Forest University School of Law/
Ciara Torres-Spelliscy, /Stetson University College of Law/
Moderator: Guy-Uriel Charles, /Duke University School of Law/
Commentator: Jason A. Abel, /Steptoe & Johnson LLP/
11:50 a.m. Break/Change of Venue
12:20 p.m. *Lunch and Keynote Address by Lawrence Lessig* *--/Law 3043/*
1:20 p.m. Break
1:30 p.m. *Big Money/Soft Money* *--/Law 4047/*
Authors: Raymond La Raja, /University of Massachusetts, Amherst/
Lynda W. Powell, /University of Rochester/
Moderator: Richard L. Hasen, /University of California, Irvine
School of Law/
Commentator: Michael D. Gilbert, /University of Virginia School of Law/
2:40 p.m. Break
2:50 p.m. *Next Steps --/Law 4047/*
Authors: Renata E. Strause, /The Ohio State University, Moritz
College of Law/
Zephyr Teachout, /Fordham University School of Law/
Moderator: James A. Gardner, /SUNY Buffalo Law School/
Commentator: Ellen D. Katz, /University of Michigan Law School/
4:00 p.m. Break
4:10 p.m. *Closing Remarks --/Law 4047/*
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
Dinesh D'Souza Indicted for Campaign Finance Violations:
<http://electionlawblog.org/?p=58290>
Posted on January 23, 2014 3:09 pm
<http://electionlawblog.org/?p=58290>by Rick Hasen
<http://electionlawblog.org/?author=3>
US Attorney's office
<http://www.justice.gov/usao/nys/pressreleases/January14/DineshDSouzaCharges.php>
(SDNY):
Preet Bharara, the United States Attorney for the Southern District
of New York, and George Venizelos, the Assistant Director-in-Charge
of the New York Office of the Federal Bureau of Investigation
("FBI"), announced today an Indictment charging DINESH D'SOUZA with
violating the federal campaign finance laws by making illegal
contributions to a United States Senate campaign in the names of
others and causing false statements to be made to the Federal
Election Commission in connection with those contributions. D'SOUZA
is expected to be presented and arraigned tomorrow in Manhattan
federal court before U.S. District Judge Richard M. Berman.
Manhattan U.S. Attorney Preet Bharara stated: "As we have long said,
this Office and the FBI take a zero tolerance approach to corruption
of the electoral process. If, as alleged, the defendant directed
others to make contributions to a Senate campaign and reimbursed
them, that is a serious violation of federal campaign finance laws."
FBI Assistant Director-in-Charge George Venizelos stated: "Trying to
influence elections through bogus campaign contributions is a
serious crime. Today, Mr. D'Souza finds himself on the wrong side of
the law. The Federal Election Campaign Act was written to limit the
influence of money in elections; the FBI is fiercely committed to
enforcing those laws to maintain the integrity of our democratic
process."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
chicanery <http://electionlawblog.org/?cat=12>
"Don't Use MLK to Push Harmful Election Laws"
<http://electionlawblog.org/?p=58288>
Posted on January 23, 2014 2:29 pm
<http://electionlawblog.org/?p=58288>by Rick Hasen
<http://electionlawblog.org/?author=3>
Ilya Shapiro
<http://www.forbes.com/sites/ilyashapiro/2014/01/22/dont-use-mlk-to-push-harmful-election-laws/>
at Forbes opposes the VRAA.
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting
Rights Act <http://electionlawblog.org/?cat=15>, VRAA
<http://electionlawblog.org/?cat=81>
"5 Things You Didn't Know About Citizens United"
<http://electionlawblog.org/?p=58286>
Posted on January 23, 2014 2:25 pm
<http://electionlawblog.org/?p=58286>by Rick Hasen
<http://electionlawblog.org/?author=3>
CCP:
<http://www.campaignfreedom.org/2014/01/21/5-things-you-didnt-know-about-citizens-united/>
Today the Center for Competitive Politics marked the fourth
anniversary of the /Citizens United v. Federal Election Commission/
ruling by releasing a video
<http://www.youtube.com/watch?v=oTu5QZvZJi8&feature=youtu.be>about
the decision by noted YouTube artist GoRemy.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"New Study Counters Assumptions About Impact of Citizens United"
<http://electionlawblog.org/?p=58284>
Posted on January 23, 2014 2:18 pm
<http://electionlawblog.org/?p=58284>by Rick Hasen
<http://electionlawblog.org/?author=3>
WSJ Law Blog
<http://blogs.wsj.com/law/2014/01/23/new-study-counters-assumptions-about-impact-of-citizens-united/>:
For supporters of tighter limits on campaign finance, Citizens
United has become a kind of shorthand for the distorted influence of
big money in politics.
But a new study
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2046878> on
independent political spending by two law professors counters common
assumptions about the impact of the 2010 U.S. Supreme Court ruling.
Almost exactly four years ago, the high court held that unions and
corporations have a right to freely spend their money to promote
candidates as long as that support isn't coordinated with the campaigns.
The study, appearing in the winter 2014 issue of the Indiana Law
Journal, found a surge in spending by nonprofits and PACs across the
nation after the ruling. But more surprising, it found that the
increases weren't driven by a few, large expenditures --- those
exceeding $55,000 --- but by larger numbers of mid-range
expenditures between $1,000 and $40,000.
"This finding is particularly striking because it cuts against the
conventional wisdom of spending behavior," write law professors
Douglas Spencer <http://www.dougspencer.org/> and Abby K. Wood
<https://sites.google.com/site/abbywood/> of the University of
Connecticut and University of Southern California, respectively.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Voter ID Not Part of Commission Report"
<http://electionlawblog.org/?p=58282>
Posted on January 23, 2014 2:07 pm
<http://electionlawblog.org/?p=58282>by Rick Hasen
<http://electionlawblog.org/?author=3>
BLT (or what used to be BLT) reports.
<http://www.nationallawjournal.com/legaltimes/home/id=1202639640691/Voter+ID+Not+Part+of+Commission+Report%3Fmcode=1202615034968&curindex=3&back=NLJ>
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Posted in PCEA (Bauer-Ginsberg Commission)
<http://electionlawblog.org/?cat=79>, voter id
<http://electionlawblog.org/?cat=9>
Franita Tolson to Congress: Don't Touch Bail In in Voting Rights Act
Amendments <http://electionlawblog.org/?p=58280>
Posted on January 23, 2014 2:02 pm
<http://electionlawblog.org/?p=58280>by Rick Hasen
<http://electionlawblog.org/?author=3>
See this blog post.
<http://www.huffingtonpost.com/franita-tolson/voting-rights-act-preclearance_b_4653095.html>
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Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>, VRAA
<http://electionlawblog.org/?cat=81>
"Bones to pick with Citizens United on fourth anniversary"
<http://electionlawblog.org/?p=58278>
Posted on January 23, 2014 2:00 pm
<http://electionlawblog.org/?p=58278>by Rick Hasen
<http://electionlawblog.org/?author=3>
Meredith McGehee blogs.
<http://www.clcblog.org/index.php?option=com_content&view=article&id=545:bones-to-pick-with-citizens-united-on-fourth-anniversary>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Constitutional Purpose: A Reply to Seth Barrett Tillman"
<http://electionlawblog.org/?p=58275>
Posted on January 23, 2014 1:58 pm
<http://electionlawblog.org/?p=58275>by Rick Hasen
<http://electionlawblog.org/?author=3>
Zephyr Teachout has posted this draft <http://ssrn.com/abstract=2383385>
on SSRN (Nw U Colloquy). Here is the abstract:
What was the purpose of the American Constitution? What was it made
to do by those who made it? This question---which might be at the
center of constitutional theory---is not explicitly asked as often
as one might think. Instead, it frequently takes a backseat to other
questions about the appropriate mode of constitutional
interpretation or the specific purposes of particular texts. And yet
it is an important question. How did the Framers (and then the
second Framers, the amenders) imagine their own purposes? What are
legitimate ways to determine their purposes? Most importantly for
the purposes of this colloquy, should their general purposes in
constitutional design have any bearing on how courts review the
constitutionality of congressional activity?
I have argued in many places---including in the prior pieces in this
colloquy---that the Constitution was designed for fighting
corruption. Others, including Professor Lawrence Lessig, have made
similar arguments; in a brief to the Supreme Court in a recent case,
Lessig chronicled in exhaustive fashion the depth and meaning of the
word corruption to the men who wrote the Constitution. The argument
shows how anti-corruptionism was understood as a central purpose at
the time of its drafting. I have used the text of the Constitution,
political debates, discussions, contemporary writings about the
Constitution, and, most importantly, the debates inside the
Constitutional Convention to show that the men who wrote the
Constitution saw the Constitution's job---or purpose---or
function---to be anti-corruptionism.
In this Essay I turn away from proving that corruption was a purpose
that motivated the Constitution, and I ask the readers to assume,
for the sake of argument, that it was. I instead shift to Tillman's
challenge: Should a motivating purpose of the Constitution play a
role in constitutional interpretation? If so, what role? Original
intent of particular clauses is frequently called upon to fill in
textual gaps in the Constitution. But what of original intent of the
Constitution as a whole? Structure, in at least two
instances---separation of powers and federalism---is sometimes used
both to interpret particular texts, and to act something like a
freestanding constitutional principle. Is this because separation of
powers was a purpose of the Constitution? Purpose occupies an oddly
undefined land---it is somewhere between structure, the purpose of
particular clauses, and arguments about what constitutions in
general are designed to do.
This Essay is an introduction to a generic argument about
constitutional purpose and its role in court cases. It first
examines what constitutional purpose might look like if it played a
role in constitutional decisionmaking, and explains how purpose is
different than closely related modes of constitutional interpretation.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Tenth Circuit Invalidates Colorado Law That Lets Contributors Give
Twice as Much Money to a Major Party Candidate than to Anyone Else"
<http://electionlawblog.org/?p=58273>
Posted on January 23, 2014 1:56 pm
<http://electionlawblog.org/?p=58273>by Rick Hasen
<http://electionlawblog.org/?author=3>
Ballot Access News
<http://www.ballot-access.org/2014/01/tenth-circuit-invalidates-colorado-law-that-lets-contributors-give-twice-as-much-money-to-a-major-party-candidate-than-anyone-else/>:
"On January 23, the Tenth Circuit overturned a Colorado campaign finance
law that lets contributors give $400 to a candidate for the legislature
who is nominated in a primary, but only $200 to a candidate who is
nominated in a minor party convention, or with the independent candidate
petition procedure, or who is a write-in candidate. The decision
<http://www.ballot-access.org/wp-content/uploads/2014/01/riddle-victory.pdf>
is Riddle v Hickenlooper, 13-1108, and is written by Judge Robert
Bacharach, an Obama appointee, and co-signed by Judge Neil Gorsuch, a
Bush Jr. appointee, and Bobby Baldock, a Reagan appointee."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, third
parties <http://electionlawblog.org/?cat=47>
"Commission Wants to Make Voting More Like Disneyland and Less Like
the DMV" <http://electionlawblog.org/?p=58270>
Posted on January 23, 2014 9:14 am
<http://electionlawblog.org/?p=58270>by Rick Hasen
<http://electionlawblog.org/?author=3>
Ben Jacobs
<http://www.thedailybeast.com/articles/2014/01/23/commission-wants-to-make-voting-more-like-disneyland-and-less-like-the-dmv.html>
on Bauer-Ginsberg.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
PCEA (Bauer-Ginsberg Commission) <http://electionlawblog.org/?cat=79>
"Leaning Right in Hollywood, Under a Lens"
<http://electionlawblog.org/?p=58268>
Posted on January 23, 2014 8:23 am
<http://electionlawblog.org/?p=58268>by Rick Hasen
<http://electionlawblog.org/?author=3>
Fascinating look
<http://www.nytimes.com/2014/01/23/us/politics/leaning-right-in-hollywood-under-a-lens.html?hp>at
"Friends of Abe," and IRS investigation of 501(c)(3) status.
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Posted in tax law and election law <http://electionlawblog.org/?cat=22>
"Biggest Liberal 'Super PAC' to Fund Possible Clinton Bid"
<http://electionlawblog.org/?p=58266>
Posted on January 23, 2014 7:58 am
<http://electionlawblog.org/?p=58266>by Rick Hasen
<http://electionlawblog.org/?author=3>
NYT:
<http://www.nytimes.com/2014/01/24/us/politics/biggest-liberal-super-pac-to-fund-possible-clinton-bid.html?hp&_r=0>
The largest liberal "super PAC" in the country has begun raising
money to elect Hillary Rodham Clinton president, formally aligning
itself with Mrs. Clinton's undeclared presidential ambitions more
than two years away from the election.
The group, Priorities USA Action, which played a pivotal role in
helping re-elect President Obama, also named new directors to steer
the organization, appointments that will both cement the group's
pro-Clinton tilt and thrust veterans of Mr. Obama's political and
fund-raising operation into the center of the post-Obama Democratic
Party.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
campaigns <http://electionlawblog.org/?cat=59>
Nine Felon Voting Prosecutions Brought in Iowa
<http://electionlawblog.org/?p=58264>
Posted on January 23, 2014 7:56 am
<http://electionlawblog.org/?p=58264>by Rick Hasen
<http://electionlawblog.org/?author=3>
The /Des Moines Register/ reports.
<http://www.desmoinesregister.com/article/20140123/NEWS/301230072/9-voter-fraud-cases-involve-felons>
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Posted in felon voting <http://electionlawblog.org/?cat=66>
(Very Close) Elections Do Matter Dep't
<http://electionlawblog.org/?p=58262>
Posted on January 23, 2014 7:54 am
<http://electionlawblog.org/?p=58262>by Rick Hasen
<http://electionlawblog.org/?author=3>
Virginia to fight same-sex marriage ban:
<http://www.washingtonpost.com/politics/virginia-to-fight-same-sex-marriage-ban/2014/01/22/85a96a10-83ac-11e3-bbe5-6a2a3141e3a9_story.html>"Virginia
Attorney General Mark R. Herring will announce Thursday that he believes
the state's ban on same-sex marriage is unconstitutional and that
Virginia will join two same-sex couples in asking a federal court to
strike it down, according to an official close to the attorney general
with knowledge about the decision."
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"Millions being denied voter registration chance through Obamacare"
<http://electionlawblog.org/?p=58260>
Posted on January 23, 2014 7:50 am
<http://electionlawblog.org/?p=58260>by Rick Hasen
<http://electionlawblog.org/?author=3>
MSNBC <http://www.msnbc.com/msnbc/team-obama-plays-down-voter-registration>:
he Obama administration is doing so little to help people register
to vote when they sign up for the Affordable Care Act that it's
violating the law, good-government groups are charging.
Team Obama's hands-off approach to registering voters through the
health care law, or ACA, comes after Republicans---afraid of masses
of low-income Americans registering---pressed the administration to
soft-pedal the requirement.
In a letter
<http://www.demos.org/publication/letter-white-house-affordable-care-act-and-national-voter-registration-act>sent
Wednesday to President Obama, leaders of Demos and Project Vote
claimed the application process for ACA benefits violates the 1993
National Voter Registration Act (NVRA).
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Posted in NVRA (motor voter) <http://electionlawblog.org/?cat=33>, voter
registration <http://electionlawblog.org/?cat=37>
"An Election Geek's View of the New Presidential Commission Report
(Subtitle: YAY)" <http://electionlawblog.org/?p=58258>
Posted on January 23, 2014 7:49 am
<http://electionlawblog.org/?p=58258>by Rick Hasen
<http://electionlawblog.org/?author=3>
A Chapinblog.
<http://blog.lib.umn.edu/cspg/electionacademy/2014/01/new_presidential_commission_re.php?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+HHHElections+%28The+Election+Aacdemy%29>
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Posted in election administration <http://electionlawblog.org/?cat=18>,
PCEA (Bauer-Ginsberg Commission) <http://electionlawblog.org/?cat=79>
RNLA Offers Initial, Preliminary Response to Bauer-Ginsberg Report,
with Promises of More Detailed Response to Come
<http://electionlawblog.org/?p=58255>
Posted on January 23, 2014 7:47 am
<http://electionlawblog.org/?p=58255>by Rick Hasen
<http://electionlawblog.org/?author=3>
Read.
<http://thereplawyer.blogspot.com/2014/01/the-rnla-is-currently-reviewing-and.html>
The RNLA also links to this statement from Rep. (and former Michigan
SOS) Candice Miller,
<http://cha.house.gov/press-release/miller-statement-presidential-commission-election-administration-report>who
chairs the House Committee on Administration and has been a vocal
opponent of any federal role in elections (aside from helping military
voters.
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Posted in PCEA (Bauer-Ginsberg Commission)
<http://electionlawblog.org/?cat=79>
--
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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