[EL] ELB News and Commentary 6/15/14
Rick Hasen
rhasen at law.uci.edu
Sat Jun 14 21:29:56 PDT 2014
"A Cantor Effect for Businesses and the G.O.P."
<http://electionlawblog.org/?p=62374>
Posted on June 14, 2014 9:15 pm <http://electionlawblog.org/?p=62374>by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT
<http://www.nytimes.com/2014/06/15/business/for-businesses-and-the-gop-a-cantor-effect.html?ref=politics>:
Mr. Cantor's loss is much more than just symbolism. He has been one
of Wall Street's most reliable benefactors in Congress. And Mr. Brat
used that fact to deride the majority leader as someone who had
rigged the financial system. In one recent speech
<https://www.youtube.com/watch?v=tg5zRKcWj68>, he accused lawmakers
like Mr. Cantor of favoring "special tax credits to billionaires
instead of taking care of us, the normal folks."
The majority leader stopped a provision --- reviled by the industry
--- in the Stock Act of 2012 that would have required hedge funds to
disclose more about how they gather market-sensitive intelligence.
He battled with conservative lawmakers to extend the Terrorism Risk
Insurance Act, a top priority of the insurance industry, which has
helped it recover from losses after the Sept. 11 attacks. He helped
scuttle White House proposals to collect more taxes from private
equity
<http://topics.nytimes.com/top/reference/timestopics/subjects/p/private_equity/index.html?inline=nyt-classifier>
firms. His wife, Diana, has had a career in banking, working for
Goldman Sachs and New York Private Bank & Trust.
No industry was more generous to Mr. Cantor's campaign than
financial services. The three largest contributors in this election
cycle, in which he collected $5.4 million, were Goldman Sachs, the
Blackstone Group and Scoggin Capital Management.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
campaigns <http://electionlawblog.org/?cat=59>
"The Koch Cycle of Endless Cash" <http://electionlawblog.org/?p=62372>
Posted on June 14, 2014 9:04 pm <http://electionlawblog.org/?p=62372>by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT editorial.
<http://www.nytimes.com/2014/06/14/opinion/the-koch-cycle-of-endless-cash.html?partner=rssnyt&emc=rss>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"IRS lost emails by official in tea party probe"
<http://electionlawblog.org/?p=62370>
Posted on June 14, 2014 9:01 pm <http://electionlawblog.org/?p=62370>by
Rick Hasen <http://electionlawblog.org/?author=3>
AP
<http://www.washingtonpost.com/politics/irs-lost-emails-by-official-in-tea-party-probe/2014/06/13/457c3b4c-f338-11e3-8d66-029598e98add_story.html?hpid=z3>:
The Internal Revenue Service said Friday it has lost a trove of
emails to and from a central figure in the agency's tea party
controversy, sparking outrage from congressional investigators who
have been probing the agency for more than a year.
The IRS told Congress Friday it cannot locate many of Lois Lerner's
emails prior to 2011 because her computer crashed during the summer
of that year.
Ron Fornier: "
<http://www.nationaljournal.com/white-house/did-the-irs-really-lose-lois-lerner-s-emails-let-a-special-prosecutor-find-them-20140613>Did
The IRS Really Lose Lois Lerner's Emails? Let a Special Prosecutor Find
Them"
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22>
"How to Take Out a Supreme Court Justice; When politicians target
elected judges with big money, the justice system loses."
<http://electionlawblog.org/?p=62367>
Posted on June 13, 2014 8:06 pm <http://electionlawblog.org/?p=62367>by
Rick Hasen <http://electionlawblog.org/?author=3>
Dahlia Lithwick writes
<http://www.slate.com/articles/news_and_politics/jurisprudence/2014/06/tennessee_supreme_court_justices_gary_wade_cornelia_clark_and_sharon_lee.html>
for /Slate./
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Posted in judicial elections <http://electionlawblog.org/?cat=19>
"Asymmetrical Polarization Undermined? Thoughts on the New Pew
Research Center's Report on Political Polarization"
<http://electionlawblog.org/?p=62365>
Posted on June 13, 2014 3:40 pm <http://electionlawblog.org/?p=62365>by
Rick Hasen <http://electionlawblog.org/?author=3>
Tom Mann blogs
<http://www.brookings.edu/blogs/fixgov/posts/2014/06/13-asymmetrical-polarization-undermined-pew-research-mann>at
Brookings' FixGov blog.
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Posted in political parties <http://electionlawblog.org/?cat=25>,
political polarization <http://electionlawblog.org/?cat=68>
Teachout, Wu Mount All-Law Professor-Ticket for NY Governor Against
Cuomo <http://electionlawblog.org/?p=62363>
Posted on June 13, 2014 1:26 pm <http://electionlawblog.org/?p=62363>by
Rick Hasen <http://electionlawblog.org/?author=3>
Election law prof Zephyr Teachout back in governor's race,
<http://www.buzzfeed.com/jacobfischler/zephyr-teachout-challenges-andrew-cuomo>
joined by IP Prof Tim Wu as Lt. Governor's candidate.
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Posted in campaigns <http://electionlawblog.org/?cat=59>
"Cuomo Has Raised Millions Through Loophole He Pledged to Close"
<http://electionlawblog.org/?p=62360>
Posted on June 13, 2014 12:56 pm <http://electionlawblog.org/?p=62360>by
Rick Hasen <http://electionlawblog.org/?author=3>
ProPublica
<http://www.propublica.org/article/cuomo-has-raised-millions-through-loophole-he-pledged-to-close>:
When he ran for office four years ago, New York Gov. Andrew M. Cuomo
pledged to close a loophole in the state's campaign finance
regulations allowing corporations and individuals to pour unlimited
amounts of money into politics.
Instead, he's become the loophole's biggest beneficiary.
New York State forbids corporations from giving more than $5,000 a
year to candidates and political committees. But limited liability
companies---businesses that share attributes of corporations and
partnerships---are allowed to give up to $60,800 to a statewide
candidate per election cycle and up to $150,000 a year to candidates
and committees overall. What's more, corporations and individuals
can set up an unlimited number of LLCs through which to donate,
making the caps effectively meaningless.
Cuomo took contributions from LLCs while running for governor in
2010, but said at the time that he was only accepting them
<http://www.wnyc.org/story/92116-llcs-and-llc-loophole/> so that he
could get elected and change the law. He has twice proposed
legislation that would eliminate the LLC exception, most recently in
his budget proposal
<http://www.propublica.org/documents/item/1194974-cuomos-executive-budget-2014.html#document/p25/a162605>
in January, but it hasn't been enacted. He told reporters Wednesday
<http://www.capitalnewyork.com/article/albany/2014/06/8547025/cuomo-not-overly-optimistic-about-end-legislative-session>
that there was little chance any campaign finance reforms would pass
before the legislative session ends next week.
Cuomo has accepted more than $6.2 million from LLCs in the three and
a half years since he took office, according to a ProPublica
analysis of state campaign finance filings. That's more than double
the amount his two predecessors, Eliot Spitzer and David Paterson,
took in during their combined four years in office. The
contributions make up a sizeable chunk of the $33 million Cuomo has
reported raising
<http://www.nytimes.com/2014/01/16/nyregion/cuomo-has-raised-over-33-million-for-re-election-bid.html?_r=0>
for his re-election campaign. (The data reflects contributions
reported through mid-January, when candidates last filed disclosure
reports.)
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"The Role of Cities in National Popular Vote Elections"
<http://electionlawblog.org/?p=62358>
Posted on June 13, 2014 12:54 pm <http://electionlawblog.org/?p=62358>by
Rick Hasen <http://electionlawblog.org/?author=3>
FairVote
<http://www.fairvote.org/research-and-analysis/ra-reports/the-role-of-cities-in-national-popular-vote-elections/>:
This report challenges the argument that a national popular vote for
president would advantage Democratic or urban voters in three ways.
First, we demonstrate that urban areas, when properly defined as
metropolitan statistical areas (MSAs), lean only modestly toward the
Democratic Party. Using data from the 2004 presidential election
(the closest of the last three presidential elections, in which
Republican nominee George W. Bush won with 51.2% of the two-party
popular vote), we show that: Democratic and Republican presidential
nominees are almost evenly supported in metropolitan areas: Bush won
a majority of MSAs; and the number of votes cast in the 100 largest
cities proper and cast by voters living outside MSAs were comparable.
Second, we address the premise of a potential Democratic advantage
in national popular vote elections due to the possibility of them
focusing resources on large cities. Using data from the 2008
election (in which Democratic nominee Barack Obama won with 53.7% of
the two-party popular vote), we show that even if the candidates
were to focus their attention heavily on the nation's largest urban
areas (the 21 MSA with at least 2.5 million voters), thereby
increasing their vote shares there, they would still need to earn
almost as many votes in the rest of the nation in order to maintain
their original national popular vote share. Simply put, when every
vote is equal in a close election, candidates cannot afford to
ignore large portions of eligible voters.
Third, we review evidence from presidential and gubernatorial
elections to demonstrate how campaign strategy might work under a
national popular vote system. Today, when campaigning to win the
statewide popular vote in swing states, presidential candidates
campaign in urban, suburban, and rural areas in proportion to those
areas' share of the swing state's vote. This strategy is similar to
those in gubernatorial elections, which Republicans are able to win
in almost every state. Republican candidates, like Democrats, are
able to earn votes across any state, demonstrating that in winning
statewide popular vote elections, successful candidates need not,
and do not, focus only on urban areas.
Our analysis confirms that the national popular vote has no inherent
partisan bias. With charges of partisan bias so effectively
dismissed, it is time for both Democrats and Republican to come
together in support of a reform that would make every vote equal.
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Posted in electoral college <http://electionlawblog.org/?cat=44>
Jessica A. Levinson Reviews 'On Democracy's Doorstep : The Inside
Story of How the Supreme Court Brought 'One Person, One Vote' to the
United States" <http://electionlawblog.org/?p=62356>
Posted on June 13, 2014 11:21 am <http://electionlawblog.org/?p=62356>by
Rick Hasen <http://electionlawblog.org/?author=3>
Review
<https://lareviewofbooks.org/review/supreme-court-saved-right-vote/#.U5s-ocJpNtw.twitter>.
I had not heard of this book
<http://www.amazon.com/dp/0809074230/?tag=losangrevofbo-20> by J.
Douglas Smith but the blurbs make it sound fantastic.
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Posted in redistricting <http://electionlawblog.org/?cat=6>, Supreme
Court <http://electionlawblog.org/?cat=29>
"INGRAHAM: National Tea Party Groups Didn't Help Brat (VIDEO)"
<http://electionlawblog.org/?p=62350>
Posted on June 13, 2014 10:45 am <http://electionlawblog.org/?p=62350>by
Rick Hasen <http://electionlawblog.org/?author=3>
Daily Caller.
<http://dailycaller.com/2014/06/11/ingraham-national-tea-party-groups-didnt-help-brat-video/>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
campaigns <http://electionlawblog.org/?cat=59>
"J.H. Snider and Beverly Clay: 'Dark money' drives R.I.
constitutional convention votes " <http://electionlawblog.org/?p=62348>
Posted on June 13, 2014 10:01 am <http://electionlawblog.org/?p=62348>by
Rick Hasen <http://electionlawblog.org/?author=3>
Providence Journal oped.
<http://www.providencejournal.com/opinion/commentary/20140613-j.h.-snider-and-beverly-clay-dark-money-drives-r.i.-constitutional-convention-votes.ece>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"A closer look at Scott Guthrie, aide to Josh Mandel and
behind-the-scenes figure in Ben Suarez case"
<http://electionlawblog.org/?p=62346>
Posted on June 13, 2014 9:37 am <http://electionlawblog.org/?p=62346>by
Rick Hasen <http://electionlawblog.org/?author=3>
Fascinating
<http://www.cleveland.com/open/index.ssf/2014/06/a_closer_look_at_scott_guthrie.html#incart_river>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
chicanery <http://electionlawblog.org/?cat=12>
Election Law @ Moritz Report, "The New Soft Money," Coming This
Wed., June 18 <http://electionlawblog.org/?p=62329>
Posted on June 13, 2014 9:08 am <http://electionlawblog.org/?p=62329>by
Dan Tokaji <http://electionlawblog.org/?author=5>
I'm pleased to announce the release of a//report on independent
spending, co-authored by Renata Strause and me, on *Wednesday, June
18*. The report, entitled /The New Soft Money: Outside Spending in
Congressional/ /Elections/, will bereleased//at the National Press Club
<http://moritzlaw.osu.edu/registrations/event/the-new-soft-money/> at
9:00 am. The report includes interviews with former Members of
Congress, such as Senators George Allen, Kent Conrad, and Ben Nelson,
and Representatives Mark Critz, Tim Holden, Steve LaTourette, and Joe
Walsh, as well as recent congressional candidates, campaign staff,
political operatives, legislative staff, and representatives of outside
groups.
At *4:30* *pm* that day, June 18, a panel discussion
<http://electionlawblog.org/wp-content/uploads/PLSI-OSU-IE-6-18-14-Panel-Invite-Final.pdf>
on the report will take place at George Washington University Law School
(Lisner Hall 201, 2023 G St NW), hosted by the Political Law Studies
Initiative. The panel will feature Don McGahn, Larry Noble, Brad Smith,
Brian Svoboda, as well as Renata and me, and will be moderated by Bill
McGinley. A reception will follow the panel. All those in the
Washington DC area are welcome and invited to attend. Hope to see you
there!
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
legislation and legislatures <http://electionlawblog.org/?cat=27>,
lobbying <http://electionlawblog.org/?cat=28>
--
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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