[EL] ELB News and Commentary 1/27/14
Rick Hasen
rhasen at law.uci.edu
Mon Jan 27 08:03:43 PST 2014
Very Sad News: Election Law Giant Roy Schotland Has Died
<http://electionlawblog.org/?p=58367>
Posted on January 27, 2014 8:00 am
<http://electionlawblog.org/?p=58367>by Rick Hasen
<http://electionlawblog.org/?author=3>
Here
<http://www.legacy.com/obituaries/washingtonpost/obituary.aspx?n=roy-a-schotland&pid=169352214&fhid=10909>
is the funeral notice, and here is Doug Chapin's remembrance.
<http://blog.lib.umn.edu/cspg/electionacademy/2014/01/farewell_friend_roy_schotland.php>
I will deeply miss Roy's friendship and leadership.He was truly a giant
in the field of election law. He taught me more than anyone else about
the law related to judicial elections and he worked tirelessly to
improve judicial selection mechanisms.
Our country and our courts are much stronger because of Roy's work. And
I am a much better teacher and scholar thanks to him: Roy always
questioned assumptions, demanded evidence, and looked for logic and
common sense. He was a great, passionate and compassionate human
being. I so enjoyed our exchanges---in person and over email---over
these many years.
I will miss him very much.
Our condolences to his family and friends.
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Posted in election law biz <http://electionlawblog.org/?cat=51>
"Coordinating with a Super PAC, Raising Money for It, and the
Difference Between the Two" <http://electionlawblog.org/?p=58365>
Posted on January 27, 2014 7:53 am
<http://electionlawblog.org/?p=58365>by Rick Hasen
<http://electionlawblog.org/?author=3>
Bauer
<http://www.moresoftmoneyhardlaw.com/2014/01/coordinating-super-pac-raising-money-difference-two/>:
How much can a candidate do for a Super PAC without illegally
"coordinating" with it? Recent proposals would answer that she has
to keep her distance---no publicly (or privately) stated support and
no fundraising for the independent committee. A bit of a surprise
has developed in the debate. While questioning how far these
restrictions can go, Rick Hasen concludes that as a matter of
constitutional law, Congress may prohibit the fundraising, and on
this point, he sides in theory with Brad Smith of the Center for
Competitive Politics. Richard L. Hasen, /Super PAC Contributions,
Corruption, and the Proxy War Over Coordination/, Duke Journal of
Constitutional Law & Public Policy (forthcoming), 16-17, /available
at /http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2383452 ;
Bradley A. Smith, /Super PACs and the Role of "Coordination" in
Campaign Finance Law/, 49 Willamette L. Rev. 603, 635 (2013).
Rick Hasen and Brad Smith are not often found in the same
jurisprudential company. So it is interesting to consider how they
may have arrived there and why, in their judgments about the
regulation /Buckley/ would allow, they appear to have erred.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Early vote issue throws political damper on crime lab upgrade"
<http://electionlawblog.org/?p=58363>
Posted on January 27, 2014 7:50 am
<http://electionlawblog.org/?p=58363>by Rick Hasen
<http://electionlawblog.org/?author=3>
The latest
<http://news.cincinnati.com/apps/pbcs.dll/article?AID=/201401270522/NEWS/301270017>
from Cincy.
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Posted in election administration <http://electionlawblog.org/?cat=18>
"IRS Wants To Tighten Its Rule On Social Welfare Groups"
<http://electionlawblog.org/?p=58361>
Posted on January 27, 2014 7:48 am
<http://electionlawblog.org/?p=58361>by Rick Hasen
<http://electionlawblog.org/?author=3>
Peter Overby reports
<http://www.npr.org/2014/01/27/266941639/irs-wants-to-tighten-its-rule-on-social-welfare-groups>
for NPR.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22>
"Labor Unions Financing Republican Rift With Tea Party"
<http://electionlawblog.org/?p=58359>
Posted on January 27, 2014 7:46 am
<http://electionlawblog.org/?p=58359>by Rick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg reports.
<http://www.bloomberg.com/news/2014-01-27/labor-unions-financing-republican-rift-with-tea-party.html?alcmpid=politics>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
campaigns <http://electionlawblog.org/?cat=59>
"Political Corruption in the United States: A Design Draft"
<http://electionlawblog.org/?p=58357>
Posted on January 27, 2014 7:45 am
<http://electionlawblog.org/?p=58357>by Rick Hasen
<http://electionlawblog.org/?author=3>
Amitai Etzioni has postedthis draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2378486> on SSRN
(PS: Political Science and Politics). Here is the abstract:
To establish the scope and level of corruption in the contemporary
United States, a collaborative project of political scientists is
called for. Such a study best start with explicating the definition
of corruption various scholars employ. Three are here employed:
using public goods for personal gains, deflecting public goods to
private groups, and making such moves when they are legal but
illicit. To assess corruption on all these levels, we must take into
account that various forms --- outlined below --- that 'capture'
takes beyond the corruption of the laws themselves. A study of the
major differences in the level of corruption among the three
branches of government may help deepen our understanding of the
prevalence and causes of corruption. A study of 'rent' may help
predict that future course of corruption. Other facets to be studied
are merely listed as topics whose study warrants collaborative
investigation.
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Posted in bribery <http://electionlawblog.org/?cat=54>, chicanery
<http://electionlawblog.org/?cat=12>
"Campaign Legal Center misunderstands Citizens United, First
Amendment" <http://electionlawblog.org/?p=58355>
Posted on January 27, 2014 7:43 am
<http://electionlawblog.org/?p=58355>by Rick Hasen
<http://electionlawblog.org/?author=3>
Paul Jossey blogs.
<http://thereplawyer.blogspot.com/2014/01/campaign-legal-center-misunderstands.html>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Clerk rejects petitions for arena vote"
<http://electionlawblog.org/?p=58353>
Posted on January 26, 2014 9:36 pm
<http://electionlawblog.org/?p=58353>by Rick Hasen
<http://electionlawblog.org/?author=3>
SacBee
<http://www.sacbee.com/2014/01/24/6098755/sacramento-city-clerk-rejects.html>:
"The campaign to force a public vote on Sacramento's downtown arena plan
was dealt a considerable blow Friday, when the city's top elections
official rejected the measure for "major" legal flaws and ruled it
should not appear on the June ballot."
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Posted in direct democracy <http://electionlawblog.org/?cat=62>,
petition signature gathering <http://electionlawblog.org/?cat=39>
"Improving our Voting Systems: A presidential report suggests good
reforms, but its support for no-excuse absentee ballots is wrong."
<http://electionlawblog.org/?p=58351>
Posted on January 26, 2014 9:20 pm
<http://electionlawblog.org/?p=58351>by Rick Hasen
<http://electionlawblog.org/?author=3>
John Fund
<http://www.nationalreview.com/article/369337/improving-our-voting-systems-john-fund>on
Bauer-Ginsberg.
I've long said that those genuinely concerned with fraud need to start
with controls on absentee ballots. As the PCEA report itself noted,
"Fraud is rare, but when it does occur, absentee ballots are often the
method of choice." (Page 56.)
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Posted in absentee ballots <http://electionlawblog.org/?cat=53>,
chicanery <http://electionlawblog.org/?cat=12>, election administration
<http://electionlawblog.org/?cat=18>, The Voting Wars
<http://electionlawblog.org/?cat=60>
"Justice Kagan was wrong: Alabama would not be covered under new
Voting Rights Act" <http://electionlawblog.org/?p=58349>
Posted on January 26, 2014 9:16 pm
<http://electionlawblog.org/?p=58349>by Rick Hasen
<http://electionlawblog.org/?author=3>
Will Baude blogs
<http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/01/25/justice-kagan-was-wrong-alabama-would-not-be-covered-under-new-voting-rights-act/>
for the WaPoVolokh Conspiracy.
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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>
"North Carolina justices will not delay 2014 elections"
<http://electionlawblog.org/?p=58347>
Posted on January 26, 2014 9:07 pm
<http://electionlawblog.org/?p=58347>by Rick Hasen
<http://electionlawblog.org/?author=3>
AP <http://abclocal.go.com/wtvd/story?section=news/local&id=9406242>:
"The 2014 elections will go on as planned after North Carolina's highest
court refused to delay them while the justices consider the legality of
the most recent version of election districts."
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Posted in redistricting <http://electionlawblog.org/?cat=6>
"Voter fraud? Registrar says it doesn't happen in Pima County"
<http://electionlawblog.org/?p=58345>
Posted on January 26, 2014 9:04 pm
<http://electionlawblog.org/?p=58345>by Rick Hasen
<http://electionlawblog.org/?author=3>
News
<http://www.gvnews.com/sahuarita_sun/news/voter-fraud-registrar-says-it-doesn-t-happen-in-pima/article_4e3d7358-85ed-11e3-8e07-001a4bcf887a.html>
from Arizona.
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Posted in election administration <http://electionlawblog.org/?cat=18>
"Firms gave heavily to DeWine, GOP; Lawyers who sought state work
made $1.3M in campaign contributions"
<http://electionlawblog.org/?p=58341>
Posted on January 26, 2014 9:00 pm
<http://electionlawblog.org/?p=58341>by Rick Hasen
<http://electionlawblog.org/?author=3>
The /Dayton Daily News/ reports.
<http://www.daytondailynews.com/news/news/state-regional-govt-politics/firms-gave-heavily-to-dewine-gop/nc2xB/>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"'Partisan hack' or 'thorough professional'? Crusading political
commissioner has been called both"
<http://electionlawblog.org/?p=58339>
Posted on January 26, 2014 8:55 pm
<http://electionlawblog.org/?p=58339>by Rick Hasen
<http://electionlawblog.org/?author=3>
News
<http://helenair.com/news/local/partisan-hack-or-thorough-professional-crusading-political-commissioner-has-been/article_82f1ad02-8657-11e3-90df-0019bb2963f4.html>
from Montana.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
election law biz <http://electionlawblog.org/?cat=51>
"Online Voter Registration: The Time Has Arrived"
<http://electionlawblog.org/?p=58336>
Posted on January 26, 2014 8:54 pm
<http://electionlawblog.org/?p=58336>by Rick Hasen
<http://electionlawblog.org/?author=3>
Christopher Thomas (Michigan's director of elections and member of the
PCEA) has written this article
<http://electionlawblog.org/wp-content/uploads/thomas-registration.pdf>
(posted with permission) from the /Michigan Bar Journal./
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Posted in election administration <http://electionlawblog.org/?cat=18>,
PCEA (Bauer-Ginsberg Commission) <http://electionlawblog.org/?cat=79>,
voter registration <http://electionlawblog.org/?cat=37>, voting
technology <http://electionlawblog.org/?cat=40>
"It Only Seems That Political Corruption Is Rampant"
<http://electionlawblog.org/?p=58334>
Posted on January 26, 2014 8:47 pm
<http://electionlawblog.org/?p=58334>by Rick Hasen
<http://electionlawblog.org/?author=3>
NYT reports.
<http://www.nytimes.com/2014/01/26/us/politics/it-only-seems-that-political-corruption-is-rampant.html?ref=politics&_r=0>
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Posted in bribery <http://electionlawblog.org/?cat=54>, chicanery
<http://electionlawblog.org/?cat=12>
--
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
hhttp://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org
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