[EL] ELB News and Commentary 7/16/14
Rick Hasen
rhasen at law.uci.edu
Tue Jul 15 21:10:34 PDT 2014
"Politics Florida G.O.P. Seeks Delay on New Districts"
<http://electionlawblog.org/?p=63365>
Posted on July 15, 2014 9:02 pm <http://electionlawblog.org/?p=63365>by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT reports.
<http://www.nytimes.com/2014/07/16/us/politics/florida-gop-seeks-delay-on-new-districts.html?ref=us>
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Posted in redistricting <http://electionlawblog.org/?cat=6>
"Looking to the Fall, Democrats in Senate Races Lead Fund-Raising"
<http://electionlawblog.org/?p=63361>
Posted on July 15, 2014 9:00 pm <http://electionlawblog.org/?p=63361>by
Rick Hasen <http://electionlawblog.org/?author=3>
Nick Confessore reports
<http://www.nytimes.com/2014/07/16/us/politics/looking-to-the-fall-democrats-in-senate-races-lead-fund-raising.html?ref=politics>
for the NYT.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Paul Clement enters pending Arizona redistricting litigation"
<http://electionlawblog.org/?p=63359>
Posted on July 15, 2014 8:59 pm <http://electionlawblog.org/?p=63359>by
Rick Hasen <http://electionlawblog.org/?author=3>
Derek Muller blogs.
<http://excessofdemocracy.com/blog/2014/7/paul-clement-enters-pending-arizona-redistricting-litigation>
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Posted in redistricting <http://electionlawblog.org/?cat=6>
"Alarcon, wife decline to testify; defense rests in voter fraud
trial" <http://electionlawblog.org/?p=63357>
Posted on July 15, 2014 4:31 pm <http://electionlawblog.org/?p=63357>by
Rick Hasen <http://electionlawblog.org/?author=3>
The /LA Times /reports.
<http://www.latimes.com/local/lanow/la-me-ln-alarcon-defense-20140715-story.html>
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Posted in residency <http://electionlawblog.org/?cat=38>
"Ernst & Young Agrees To Pay $4 Million Over Lobbying Violations"
<http://electionlawblog.org/?p=63355>
Posted on July 15, 2014 4:02 pm <http://electionlawblog.org/?p=63355>by
Rick Hasen <http://electionlawblog.org/?author=3>
Political MoneyLine reports.
<http://blogs.rollcall.com/moneyline/ernst-young-agrees-to-pay-4-million-over-lobbying-violations/?dcz=>
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Posted in lobbying <http://electionlawblog.org/?cat=28>
The Wild and Crazy Adventures of Rep. Don Young
<http://electionlawblog.org/?p=63353>
Posted on July 15, 2014 3:54 pm <http://electionlawblog.org/?p=63353>by
Rick Hasen <http://electionlawblog.org/?author=3>
Great #LongRead
<http://www.opensecrets.org/news/2014/07/travels-with-don-the-lobbyists-the-nilgai-and-the-handsome-ranch-foreman/>
from the Center for Responsive Politics.
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Posted in chicanery <http://electionlawblog.org/?cat=12>, conflict of
interest laws <http://electionlawblog.org/?cat=20>, ethics
investigations <http://electionlawblog.org/?cat=42>
"A Year Into IRS Probe, Partisan Motives Still Prove Elusive"
<http://electionlawblog.org/?p=63351>
Posted on July 15, 2014 2:49 pm <http://electionlawblog.org/?p=63351>by
Rick Hasen <http://electionlawblog.org/?author=3>
Peter Overby reports
<http://www.npr.org/2014/07/15/331751302/a-year-into-irs-probe-partisan-motives-still-prove-elusive>
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>
In #MSSEN, MS Supreme Court Wants Responses, Briefing on McDaniel
Request for Voter Data <http://electionlawblog.org/?p=63349>
Posted on July 15, 2014 2:42 pm <http://electionlawblog.org/?p=63349>by
Rick Hasen <http://electionlawblog.org/?author=3>
Order <http://t.co/ZUaggfznw4>(via Sam Hall
<https://twitter.com/samrhall/status/489162592167141376>).
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"Plan to split California into six states could end up on 2016
ballot" <http://electionlawblog.org/?p=63347>
Posted on July 15, 2014 2:04 pm <http://electionlawblog.org/?p=63347>by
Rick Hasen <http://electionlawblog.org/?author=3>
The Guardian reports.
<http://www.theguardian.com/world/2014/jul/15/californiasix-states-gets-enough-signatures-2016-ballot>
The article quotes me as noting that the plan would never get approved
in Congress.
But it may not make it even to the ballot. It could get kicked off
<http://electionlawblog.org/?p=57593>for being an unconstitutional
revision, requiring a state constitutional convention.
And hey, when's the last time I agreed with John Yoo
<http://www.city-journal.org/2014/cjc0502tsjy.html>?
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"U.S. attorney general to support Ohio voting-rights lawsuit"
<http://electionlawblog.org/?p=63345>
Posted on July 15, 2014 1:36 pm <http://electionlawblog.org/?p=63345>by
Rick Hasen <http://electionlawblog.org/?author=3>
The /Columbus Dispatch /reports.
<http://www.dispatch.com/content/stories/local/2014/07/15/Holder_to_join_voting_lawsuit.html>
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
Breaking: 5th Circuit, on 2-1 Vote, Upholds UT Affirmative Action
Plan in Fisher on Remand from #SCOTUS
<http://electionlawblog.org/?p=63341>
Posted on July 15, 2014 12:50 pm <http://electionlawblog.org/?p=63341>by
Rick Hasen <http://electionlawblog.org/?author=3>
You can find the opinion and dissent at this link
<http://electionlawblog.org/wp-content/uploads/fisher-remand.pdf>.
A press release from the Project on Fair Representation says there will
be further appeal. It is not clear if it will be to the en banc 5th
Circuit or a cert petition to the Supreme Court again.
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>
"GOPers Prep For McDaniel Lawsuit To Contest Mississippi Race"
<http://electionlawblog.org/?p=63335>
Posted on July 15, 2014 11:27 am <http://electionlawblog.org/?p=63335>by
Rick Hasen <http://electionlawblog.org/?author=3>
TPM reports
<http://talkingpointsmemo.com/dc/chris-mcdaniel-thad-cochran-lawsuit-runoff-election-overturn>.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
recounts <http://electionlawblog.org/?cat=50>, The Voting Wars
<http://electionlawblog.org/?cat=60>
Hinds Co. GOP Chair: Only 300-350 Questionable #MSSEN Votes in
County <http://electionlawblog.org/?p=63332>
Posted on July 15, 2014 10:54 am <http://electionlawblog.org/?p=63332>by
Rick Hasen <http://electionlawblog.org/?author=3>
The latest.
<http://www.clarionledger.com/story/politicalledger/2014/07/15/perry-mcdaniel-cochran-election-voting/12676269/>
If those numbers hold up it is very bad news for McDaniel's election
challenge.
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Posted in recounts <http://electionlawblog.org/?cat=50>
"Exclusive: After Subpoenas in Walker Criminal Probe, WI GOP Sought
to Quietly Change Law" <http://electionlawblog.org/?p=63330>
Posted on July 15, 2014 10:33 am <http://electionlawblog.org/?p=63330>by
Rick Hasen <http://electionlawblog.org/?author=3>
Brendan Fischer
<http://www.prwatch.org/news/2014/07/12536/after-john-doe-subpoenas-wi-gop-sought-quietly-change-law>:
New documents indicate that just weeks after the first subpoenas
were issued in Wisconsin's "John Doe" criminal campaign finance
probe in October 2013, senate Republicans had begun working to
change state law to legalize the activities under investigation.
Legislative Republicans surprised many in the state in March of 2014
when they tried to rush Senate Bill 654 through the legislature to
explicitly carve-out an exception
<http://www.prwatch.org/news/2014/03/12416/midst-investigation-wi-fast-tracks-dark-money-bill> to
the state's campaign finance statutes for so-called "issue ads,"
those thinly-veiled election messages that stop short of telling
viewers to vote for or against a candidate.
The John Doe investigation was never mentioned during testimony on
SB 654 , even among the bill's opponents.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"The Invention of Courts" <http://electionlawblog.org/?p=63328>
Posted on July 15, 2014 9:58 am <http://electionlawblog.org/?p=63328>by
Rick Hasen <http://electionlawblog.org/?author=3>
This new issue
<https://www.amacad.org/content/publications/publication.aspx?d=1526> of
/Dædalus/ looks interesting:
The Invention of Courts
Published by MIT Press, Cambridge, MA, 2014
Order from the Publisher <http://www.mitpressjournals.org/loi/daed>
Table of Contents
Introduction: The Invention of Courts
<https://www.amacad.org/content/publications/pubContent.aspx?d=1527>
/Linda Greenhouse/
Reinventing Courts as Democratic Institutions
/Judith Resnik/
State Courts: Enabling Access
/Jonathan Lippman/
When Legal Representation is Deficient: The Challenge of Immigration
Cases for the Courts
/Robert A. Katzmann/
/Gideon's/ Problematic Promises
/Carol S. Steiker/
Uncommon Law: America's Excessive Criminal Law & Our Common-Law Origins
/Jonathan Simon/
Justice for the Masses? Aggregate Litigation & Its Alternatives
/Deborah R. Hensler/
Innovating to Improve Access: Changing the Way Courts Regulate Legal Markets
/Gillian K. Hadfield/
Trusting the Courts: Redressing the State Court Funding Crisis
/Michael J. Graetz/
Our Informationally Disabled Courts
/Frederick Schauer/
The Continuing Decline & Displacement of Trials in American Courts
/Marc Galanter and Angela M. Frozena/
Courting Ignorance: Why We Know So Little About Our Most Important Courts
/Stephen C. Yeazell/
The Courts in American Public Culture
/Susan S. Silbey/
(Anti) Canonizing Courts
/Jamal Greene/
Justice & Memory: South Africa's Constitutional Court
/Kate O'Regan/
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>
"Former Utah Attorneys General John Swallow, Mark Shurtleff
arrested, face 19 felonies" <http://electionlawblog.org/?p=63326>
Posted on July 15, 2014 8:52 am <http://electionlawblog.org/?p=63326>by
Rick Hasen <http://electionlawblog.org/?author=3>
The /Salt Lake Tribune/ reports.
<http://www.sltrib.com/sltrib/news/58185969-78/felonies-degree-arrested-shurtleff.html.csp>
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Posted in bribery <http://electionlawblog.org/?cat=54>, chicanery
<http://electionlawblog.org/?cat=12>
"The Buzz: Pérez gains five votes; recount could last beyond
November election" <http://electionlawblog.org/?p=63324>
Posted on July 15, 2014 8:45 am <http://electionlawblog.org/?p=63324>by
Rick Hasen <http://electionlawblog.org/?author=3>
Oy.
<http://www.sacbee.com/2014/07/15/6556331/the-buzz-perez-gains-five-votes.html>
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Posted in election administration <http://electionlawblog.org/?cat=18>,
recounts <http://electionlawblog.org/?cat=50>
"Legislature will not appeal redistricting ruling, wants new maps
for 2016 elections" <http://electionlawblog.org/?p=63322>
Posted on July 15, 2014 8:43 am <http://electionlawblog.org/?p=63322>by
Rick Hasen <http://electionlawblog.org/?author=3>
The Miami Herald reports.
<http://www.miamiherald.com/2014/07/15/4237122/legislature-will-not-appeal-redistricting.html>
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Posted in redistricting <http://electionlawblog.org/?cat=6>
"Party Polarization and Campaign Finance"
<http://electionlawblog.org/?p=63320>
Posted on July 15, 2014 8:39 am <http://electionlawblog.org/?p=63320>by
Rick Hasen <http://electionlawblog.org/?author=3>
New paper
<http://www.brookings.edu/research/papers/2014/07/15-party-polarization-campaign-finance>
from Tom Mann and Tony Corrado. Here is the abstract:
There is a lively debate today over whether or not campaign finance
reforms have weakened the role of political parties in campaigns.
This seems an odd argument in an era of historically high levels of
party loyalty --- on roll calls in Congress and voting in the
electorate. Are parties too strong and unified or too weak and
fragmented? Have they been marginalized in the financing of
elections or is their role at least as strong as it has ever been?
Does the party role in campaign finance (weak or strong) materially
shape the capacity to govern?
In addition, the increasing involvement in presidential and
congressional campaigns of large donors -- especially through Super
PACs and politically-active nonprofit organizations -- has raised
serious concerns about whether the super-wealthy are buying American
democracy. Ideologically-based outside groups financed by wealthy
donors appear to be sharpening partisan differences and resisting
efforts to forge agreement across parties. Many reformers have
advocated steps to increase the number of small donors to balance
the influence of the wealthy. But some scholars have found evidence
suggesting that small donors are more polarizing than large donors.
Can that be true? If so, are there channels other than the
ideological positioning of the parties through which small donors
might play a more constructive role in our democracy?
In this paper, Thomas Mann and Anthony Corrado attempt to shed light
on both of these disputed features of our campaign finance system
and then assess whether campaign finance reform offers promise for
reducing polarization and strengthening American democracy. They
conclude that not only is campaign finance reform a weak tool for
depolarizing American political parties, but some break in the party
wars is probably a prerequisite to any serious pushback to the
broader deregulation of campaign finance now underway.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
political polarization <http://electionlawblog.org/?cat=68>
Texas District Court Judge Assigned to True the Vote #MSSEN Case
<http://electionlawblog.org/?p=63317>
Posted on July 15, 2014 8:37 am <http://electionlawblog.org/?p=63317>by
Rick Hasen <http://electionlawblog.org/?author=3>
See here. <http://electionlawblog.org/wp-content/uploads/ttv-newjudge.pdf>
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Posted in campaigns <http://electionlawblog.org/?cat=59>, recounts
<http://electionlawblog.org/?cat=50>
"Taking the Initiative: How to Save Direct Democracy"
<http://electionlawblog.org/?p=63315>
Posted on July 15, 2014 8:35 am <http://electionlawblog.org/?p=63315>by
Rick Hasen <http://electionlawblog.org/?author=3>
Jessica Levinson has posted this draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2432568> of SSRN
(forthcoming, /Lewis and Clark Law Review/). Here is the abstract:
In Meyer v. Grant a unanimous Supreme Court dealt a grievous blow to
the most popular form of direct democracy -- the ballot initiative
process. The ballot initiative process allows average citizens to
stand on the same footing as their lawmakers and directly enact
legislation. It has failed to serve its purpose of guarding against
the destructive influence of moneyed interests on lawmakers. Due to
the Court's decision in Meyer, moneyed interests are now free to buy
access to the electoral ballot. The ballot initiative process has
been turned on its head.
In this Article I first focus on the Court's failings in Meyer,
where the Court overturned a prohibition on the payment of petition
circulators on First Amendment grounds. Next, I explain how a shift
in the Court's approach would allow the ballot initiative process to
serve its original function. The Court should have applied its
candidate ballot access jurisprudence, not its campaign finance case
law, to analyze the restriction at issue in Meyer. Once properly
viewed through the correct analytical lens it is clear that the
government has the power to regulate access to electoral ballots by
prohibiting the payment of petition circulators. The practical
ramifications of this analytical shift are far-reaching, namely
wrestling the ballot initiative process from the destructive
influence of special interest groups over legislatures and providing
grass roots groups with lawmaking power.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, direct
democracy <http://electionlawblog.org/?cat=62>
"Hobbled IRS can't stem 'dark money' flow; Mystery political
spending to continue unabated through midterm elections"
<http://electionlawblog.org/?p=63313>
Posted on July 15, 2014 8:33 am <http://electionlawblog.org/?p=63313>by
Rick Hasen <http://electionlawblog.org/?author=3>
Six month CPI investigation
<http://www.publicintegrity.org/2014/07/15/15035/hobbled-irs-cant-stem-dark-money-flow>:
The tea party scandal, combined with Congress systematically
stripping the IRS of resources and clout over decades, has led to an
exempt organizations division that has all but quit regulating
politically active nonprofits in any consistent, demonstrable way, a
six-month Center for Public Integrity investigation reveals
<https://www.publicintegrity.org/2014/07/07/15035/hobbled-irs-cant-stem-dark-money-flow>.
The investigation, which involved a review of thousands of pages of
IRS documents and interviews with more than two dozen current and
former IRS employees and administrators, finds the agency's
nonprofit regulation division has:
*
Bled 14 percent of its staff positions during the past two
decades while the number of nonprofits it regulates has grown by
more than 40 percent.
*
Scaled back inquiries, as the number of nonprofit group tax
returns investigated recently fell by 10 percent, from 11,699 in
2011 to 10,575 last year. Applications for "social welfare"
nonprofit status jumped 27 percent from 1,777 to 2,253 during
the same time.
*
Reduced the number of denials for exempt status for social
welfare nonprofits from nearly 4 percent during the early 1980s
to less than a quarter-percent in 2013.
*
Softened, tabled or reversed course on at least a dozen proposed
policy positions or enforcement plans after criticism from
politicians and lobbyists.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22>
"Obama admin to join voting rights cases in Ohio and Wisconsin"
<http://electionlawblog.org/?p=63311>
Posted on July 15, 2014 8:31 am <http://electionlawblog.org/?p=63311>by
Rick Hasen <http://electionlawblog.org/?author=3>
MSNBC
<http://www.msnbc.com/msnbc/obama-admin-eric-holder-voting-rights-cases-ohio-wisconsin>:
"It's not clear from Holder's comments whether the Justice Department
intends simply to file /amicus/ briefs in support of the laws'
challengers, or whether it plans to intervene as a new plaintiff---and
assign government lawyers to the cases---as it did when it challenged
North Carolina's sweeping voting law last year. It might be more likely
to choose the latter route in Ohio, where there hasn't yet been a ruling
on the merits of the recent cuts, than in Wisconsin, where a court has
already struck down the voter ID law."
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Posted in Department of Justice <http://electionlawblog.org/?cat=26>,
The Voting Wars <http://electionlawblog.org/?cat=60>, Voting Rights Act
<http://electionlawblog.org/?cat=15>
"Rep Jim Jordan wants information on computer crash of federal
lawyer who campaigned for Obama at work"
<http://electionlawblog.org/?p=63309>
Posted on July 15, 2014 8:29 am <http://electionlawblog.org/?p=63309>by
Rick Hasen <http://electionlawblog.org/?author=3>
Cleveland Plain Dealer
<http://www.cleveland.com/open/index.ssf/2014/07/rep_jim_jordan_seeks_info_on_c.html>:
"Theorizing that the Federal Election Commission may have destroyed
evidence that could be used against a former FEC attorney who admitted
campaigning for President Obama's re-election while on the job, Rep. Jim
Jordan wants the agency to provide his investigative subcommittee with
information on how it happened to recycle a hard drive that belonged to
the lawyer, April Sands."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
election commission <http://electionlawblog.org/?cat=24>
--
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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