[EL] ELB News and Commentary 6/13/14

Fri Jun 13 09:00:08 PDT 2014

<http://electionlawblog.org/>

    "'Ready for Hillary' is spending money like crazy"
    <http://electionlawblog.org/?p=62340>

Posted on June 13, 2014 8:56 am <http://electionlawblog.org/?p=62340>by 
Rick Hasen <http://electionlawblog.org/?author=3>

The Fix reports. 
<http://www.washingtonpost.com/blogs/the-fix/wp/2014/06/13/ready-for-hillary-is-already-spending-a-ton-of-dough-on-2016/>

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

    "Thad Cochran apparently didn't know that Eric Cantor lost"
    <http://electionlawblog.org/?p=62338>

Posted on June 13, 2014 8:56 am <http://electionlawblog.org/?p=62338>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Mark this 
<http://www.washingtonpost.com/blogs/the-fix/wp/2014/06/13/thad-cochran-apparently-didnt-know-that-eric-cantor-lost/>as 
the moment Cochran lost his last bid to keep his seat.

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

    "I'm a Democrat and I helped the tea party unseat Eric Cantor"
    <http://electionlawblog.org/?p=62336>

Posted on June 13, 2014 8:51 am <http://electionlawblog.org/?p=62336>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Brian Umana 
<http://www.washingtonpost.com/posteverything/wp/2014/06/13/im-a-democrat-and-i-helped-the-tea-party-unseat-eric-cantor/>: 
"he truth is that Cantor's electoral demise did not occur overnight. It 
was the culmination of more than four years of grass-roots organizing, 
from both the right /and/ the left, to unseat him. Behind the scenes, 
Cantor opponents who otherwise had little ideological common ground 
cooperated in his demise. I know, because I helped engineer it."

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

    "People move to places that fit their politics. And it's helping
    Republicans." <http://electionlawblog.org/?p=62333>

Posted on June 13, 2014 8:39 am <http://electionlawblog.org/?p=62333>by 
Rick Hasen <http://electionlawblog.org/?author=3>

The Fix reports. 
<http://www.washingtonpost.com/blogs/the-fix/wp/2014/06/13/people-move-to-places-that-fit-their-politics-and-its-helping-republicans/>

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Posted in redistricting <http://electionlawblog.org/?cat=6>

    "Arizona Congressional Race Devolves Into War Over Hispanic
    Surnames" <http://electionlawblog.org/?p=62331>

Posted on June 13, 2014 8:38 am <http://electionlawblog.org/?p=62331>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Bizarre Weigel story. 
<http://www.slate.com/blogs/weigel/2014/06/12/arizona_congressional_race_devolves_into_war_over_hispanic_surnames.html>

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

    "Corporate Distress and Lobbying: Evidence from the Stimulus Act"
    <http://electionlawblog.org/?p=62327>

Posted on June 13, 2014 8:37 am <http://electionlawblog.org/?p=62327>by 
Rick Hasen <http://electionlawblog.org/?author=3>

HLS Forum on Corporate Governance and Financial Regulation 
<http://blogs.law.harvard.edu/corpgov/2014/06/13/corporate-distress-and-lobbying-evidence-from-the-stimulus-act/#more-63906>:

    *Editor's Note:* The following post comes to us from Manuel Adelino
    <http://www.fuqua.duke.edu/faculty_research/faculty_directory/adelino/>
    of the Finance Area at Duke University, and Serdar Dinc
    <http://www.business.rutgers.edu/faculty-research/directory/dinc-serdar>
    of the Department of Finance and Economics at Rutgers University.

    In our paper, Corporate Distress and Lobbying: Evidence from the
    Stimulus Act
    <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2360103>,
    forthcoming in the /Journal of Financial Economics/, we contribute
    to the long literature on corporate behavior in distress, as well as
    to studies of the consequences of financial distress. Using the
    financial crisis in 2008 as a negative shock to nonfinancial firms'
    financial conditions, we document a novel fact on the relation
    between firms' financial health and their lobbying activities. We
    compare the lobbying activities of firms before and after the onset
    of the crisis and find that firms with weak financial health---as
    measured by their CDS spread---lobby more. This result is robust to
    controlling for such firm-specific variables as size, profitability,
    and market-to-book ratio, all the firm characteristics that remain
    unchanged during the short window before and during the passage of
    the stimulus act, sector-wide time trends, and the adoption of
    different time windows for comparison in the
    difference-in-differences framework.

    Interestingly, weaker firms decrease their capital investments in
    this period while increasing their spending for lobbying, which
    suggests a shift from productive activities to rent seeking, as
    discussed in Murphy, Shleifer, and Vishny (1991, 1993). Such shifts
    to rent seeking are costly to the economy, but much of those costs
    are incurred by the whole economy rather than by particular
    rent-seeking firms. Hence, estimates of financial distress costs in
    the corporate finance literature are unlikely to fully capture the
    costs of rent seeking attributable to the deteriorating financial
    health of firms.

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

    "Voters Bill of Rights might miss November ballot"
    <http://electionlawblog.org/?p=62325>

Posted on June 13, 2014 8:34 am <http://electionlawblog.org/?p=62325>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Cincinnati Enquirer: 
<http://www.cincinnati.com/story/news/politics/elections/2014/06/12/voters-bill-rights-might-miss-november-ballot/10381325/>"An 
effort to put a voting-rights amendment on Ohio's November ballot will 
"go all the way up to the wire," the organizer said Thursday, 
acknowledging Democratic candidates may miss out on the turnout benefit 
a voting-related ballot issue would bring."

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Posted in election administration <http://electionlawblog.org/?cat=18>, 
The Voting Wars <http://electionlawblog.org/?cat=60>

    "Another IRS Abuse; Lois Lerner's office sent confidential taxpayer
    data to the FBI." <http://electionlawblog.org/?p=62323>

Posted on June 12, 2014 2:12 pm <http://electionlawblog.org/?p=62323>by 
Rick Hasen <http://electionlawblog.org/?author=3>

WSJ Opinion <http://online.wsj.com/articles/another-irs-abuse-1402404794>:

    In a Monday letter to Internal Revenue Service Commissioner John
    Koskinen <http://topics.wsj.com/person/K/John-Koskinen/1061>, Reps.
    Darrell Issa (R., Calif.) and Jim Jordan (R., Ohio) of the House
    Oversight Committee reveal still another IRS abuse of conservatives.

    In October of 2010, apparently without a court order, the IRS sent
    21 computer disks containing 1.1 million pages of tax-return
    documents to the Federal Bureau of Investigation. According to the
    Justice Department, the massive data dump included public returns
    from non-profit groups but also taxpayer information that by law the
    IRS is required to keep confidential. Reps. Issa and Jordan ask in
    their letter
    <http://oversight.house.gov/wp-content/uploads/2014/06/2014-06-09-DEI-Jordan-to-Koskinen-IRS-DOJ-Disks-tax-exempt-applications.pdf>for
    information relating to the preparation and transmittal of the data.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law 
and election law <http://electionlawblog.org/?cat=22>

    Election Law Prof Jocelyn Benson Named Dean of Wayne State Law
    <http://electionlawblog.org/?p=62321>

Posted on June 12, 2014 12:34 pm <http://electionlawblog.org/?p=62321>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Congrats 
<http://www.thefacultylounge.org/2014/06/jocelyn-benson-named-permanent-dean-of-wayne-state-law.html>, 
Jocelyn!

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

    "Judge orders new election in Weslaco's District 5?
    <http://electionlawblog.org/?p=62317>

Posted on June 12, 2014 10:50 am <http://electionlawblog.org/?p=62317>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Judge agrees 
<http://www.themonitor.com/news/local/judge-orders-new-election-in-weslaco-s-district/article_60063c28-f253-11e3-a917-001a4bcf6878.html> 
there were more illegal votes than the margin of victory in Texas city 
election. Not sure about the nature of the illegal votes from this story.

UPDATE: Here's 
<http://www.krgv.com/news/judge-orders-new-election-in-weslaco-city-commission-race/> 
a bit more detail: "The suit noted 23 people registered as voters at a 
single address just before the election...Some of the disallowed ballots 
were cast by voters claiming Rivera's childhood home as their address. 
It's a two-bed, one-bath home."

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Posted in chicanery <http://electionlawblog.org/?cat=12>, election 
administration <http://electionlawblog.org/?cat=18>

    "What if you throw an election and no one shows up? It's bad for
    democracy, but is low turnout bad for elections officials?"
    <http://electionlawblog.org/?p=62315>

Posted on June 12, 2014 10:08 am <http://electionlawblog.org/?p=62315>by 
Rick Hasen <http://electionlawblog.org/?author=3>

That's the lead story in this week's Electionline Weekly. 
<http://www.electionline.org/index.php/electionline-weekly>

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

    "Thank you for endorsing my non-campaign through the super PAC I
    didn't authorize and won't able to coordinate with!"
    <http://electionlawblog.org/?p=62313>

Posted on June 12, 2014 9:26 am <http://electionlawblog.org/?p=62313>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Nick Confessore paraphrasing 
<https://twitter.com/nickconfessore/status/477123170731061248> Hillary 
Clinton 
<http://mobile.nytimes.com/2014/06/12/us/politics/a-chicago-homecoming-for-clinton-on-her-book-tour.html?ref=politics&_r=1&referrer=>.

Ken Vogel's "Big Money 
<http://www.amazon.com/Big-Money-Suspicious-Ultra-Rich-Hijacking/dp/1610393384>" 
also nicely describes how Romney helped with his Super PAC while it was 
still legal for him to cooperate with it.

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

    "The Fix: Americans are twice as polarized as they were in 1994 on 8
    out of 10 issues" <http://electionlawblog.org/?p=62311>

Posted on June 12, 2014 8:48 am <http://electionlawblog.org/?p=62311>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Aaron Blake writes 
<http://washingtonpost.us2.list-manage.com/track/click?u=c5adbd4783d227c40313eb002&id=97411bac46&e=131b1e424f>.

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Posted in political parties <http://electionlawblog.org/?cat=25>, 
political polarization <http://electionlawblog.org/?cat=68>

    "State GOP chairman says committee has gathered evidence of voter
    fraud in June 3 election" <http://electionlawblog.org/?p=62309>

Posted on June 12, 2014 8:36 am <http://electionlawblog.org/?p=62309>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Will be interesting 
<http://www.al.com/news/index.ssf/2014/06/state_gop_chairman_says_commit.html> 
to see if any of these pan out.

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Posted in The Voting Wars <http://electionlawblog.org/?cat=60>

    "Don't Blame Steakhouses for Cantor's Fall"
    <http://electionlawblog.org/?p=62307>

Posted on June 12, 2014 8:34 am <http://electionlawblog.org/?p=62307>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Open Secrets 
<http://www.opensecrets.org/news/2014/06/dont-blame-steakhouses-for-cantors-fall/?utm_source=CRP+Mail+List&utm_campaign=7f2681205e-Newsletter_6_12_20146_12_2014&utm_medium=email&utm_term=0_9df8578d78-7f2681205e-206469445>: 
"So was Cantor doomed to lose by his high-rolling, Washington insider 
spending habits 
<http://www.opensecrets.org/news/2014/06/dave-versus-goliath-by-the-numbers/>? 
Probably not. Cantor's expenditures aren't so different from other 
big-time fundraisers, most of whom cruise through their primary every year."

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
campaigns <http://electionlawblog.org/?cat=59>

    "Reversing Citizens United" <http://electionlawblog.org/?p=62305>

Posted on June 12, 2014 8:30 am <http://electionlawblog.org/?p=62305>by 
Rick Hasen <http://electionlawblog.org/?author=3>

David Gans 
<http://www.courier-journal.com/story/opinion/contributors/2014/06/12/reversing-citizens-united/10364275/%5D> 
oped:

    Do we need a constitutional amendment to overturn Roberts' court
    rulings that have eviscerated our nation's campaign finance laws and
    opened the floodgates to unlimited corporate spending? That question
    was front and center last week as senators gathered for a historic
    hearing of the Senate Judiciary Committee in which both Majority
    Leader Harry Reid and Minority Leader Mitch McConnell testified. The
    answer may well be yes. And it is unquestionably the case that the
    Constitution is the American people's charter, and they have the
    right to undo Supreme Court decisions that violate fundamental
    constitutional principles.

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

    AALS Election Law Section Call for Papers
    <http://electionlawblog.org/?p=62303>

Posted on June 12, 2014 8:29 am <http://electionlawblog.org/?p=62303>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Via Josh Douglas:

    Dear Election Law Colleagues,

    The brand-new AALS Section on Election Law is issuing a Call for
    Papers to select two panelists for its inaugural program at the 2015
    AALS Annual Meeting in Washington, DC.  The Section's program will
    be on Sunday, January 4, 2015, from 2:00-3:45.  The title of the
    program is "T*he Voting Rights Act at 50.*"  The two panelists
    selected from the Call for Papers will join an all-star cast
    including Pam Karlan, Chris Elmendorf, and Kareem Crayton, to
    discuss the topic.
    Selected papers will be published in the Election Law Journal.  The
    deadline to submit is *Friday, September 5*. Finished papers or
    substantially completed drafts are preferred, although you may
    submit an abstract so long as you will be able to complete the paper
    in time for the AALS Annual Meeting in January.
    To submit, or if you have any questions, please email Josh Douglas
    at joshuadouglas at uky.edu <mailto:joshuadouglas at uky.edu>.
    Here is the full program description:

    On August 6, 1965, President Lyndon Johnson signed the Voting Rights
    Act into law.  During the signing ceremony, President Johnson
    referred to the Act as "one of the most monumental laws in the
    entire history of American freedom." Over the past fifty years, the
    Supreme Court has issued numerous decisions on various aspects of
    the Voting Rights Act, Congress has amended it several times, and it
    remains an important component of public debate.  This panel -- the
    first programming for the new AALS Section on Election Law -- will
    explore the many facets of that debate.  The panel will analyze the
    current issues regarding voting rights, from the Supreme Court's
    recent invalidation of the Section 4 coverage formula in its /Shelby
    County/ decision -- essentially rendering Section 5 inoperable -- to
    Congress's consideration of a Voting Rights Act Amendment, to the
    report of the bipartisan Presidential Commission on Election
    Administration.  Part of this inquiry will include a discussion of
    whether we have reached the ideals President Johnson aspired to 50
    years ago when he signed this Act, and where we should go from here
    in protecting and effectuating the right to vote.  The papers from
    this program will appear in the Election Law Journal.

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

    "An expert on congressional primaries weighs in on Cantor's loss"
    <http://electionlawblog.org/?p=62301>

Posted on June 12, 2014 8:27 am <http://electionlawblog.org/?p=62301>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Robert Boatwright 
<http://www.washingtonpost.com/blogs/monkey-cage/wp/2014/06/12/the-expert-on-congressional-primaries-weighs-in-on-cantors-loss/> 
talks to the Monkey Cage.

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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>

    Judicial Candidates Have No Constitutional Right for Party Label on
    Ballot <http://electionlawblog.org/?p=62299>

Posted on June 12, 2014 7:24 am <http://electionlawblog.org/?p=62299>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Following up on this post <http://electionlawblog.org/?p=62273>, see 
this opinion 
<http://moritzlaw.osu.edu/library/documents/OhioCouncil8Opinion061114.pdf> 
in /Ohio Council 8 AFSCME v. Brunner 
<http://moritzlaw.osu.edu/library/documents/OhioCouncil8Opinion061114.pdf>./

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Posted in judicial elections <http://electionlawblog.org/?cat=19>, 
political parties <http://electionlawblog.org/?cat=25>, political 
polarization <http://electionlawblog.org/?cat=68>

    "Political Polarization in the American Public; How Increasing
    Ideological Uniformity and Partisan Antipathy Affect Politics,
    Compromise and Everyday Life" <http://electionlawblog.org/?p=62297>

Posted on June 11, 2014 9:33 pm <http://electionlawblog.org/?p=62297>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Very important Pew report 
<http://www.people-press.org/2014/06/12/political-polarization-in-the-american-public/>, 
with some very revealing graphics and statistics.

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Posted in political parties <http://electionlawblog.org/?cat=25>, 
political polarization <http://electionlawblog.org/?cat=68>

-- 
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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