[EL] ELB News and Commentary 6/15/14

[Jonathan Adler]

My jaw dropped over the latest IRS-Lerner story.  Either the IRS lacks a
modern email server and has woefully outdated backup protocols, or the IRS
account is not remotely credible.
On Jun 15, 2014 12:30 AM, "Rick Hasen" <rhasen at law.uci.edu> wrote:

>     “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.
>
>  [image: Share]
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62374&title=%E2%80%9CA%20Cantor%20Effect%20for%20Businesses%20and%20the%20G.O.P.%E2%80%9D&description=>
>    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>
>  [image: Share]
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62372&title=%E2%80%9CThe%20Koch%20Cycle%20of%20Endless%20Cash%E2%80%9D&description=>
>    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”
>  [image: Share]
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62370&title=%E2%80%9CIRS%20lost%20emails%20by%20official%20in%20tea%20party%20probe%E2%80%9D&description=>
>    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.*
>  [image: Share]
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62367&title=%E2%80%9CHow%20to%20Take%20Out%20a%20Supreme%20Court%20Justice%3B%20When%20politicians%20target%20elected%20judges%20with%20big%20money%2C%20the%20justice%20system%20loses.%E2%80%9D&description=>
>    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.
>  [image: Share]
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62365&title=%E2%80%9CAsymmetrical%20Polarization%20Undermined%3F%20Thoughts%20on%20the%20New%20Pew%20Research%20Center%E2%80%99s%20Report%20on%20Political%20Polarization%E2%80%9D&description=>
>    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.
>  [image: Share]
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62363&title=Teachout%2C%20Wu%20Mount%20All-Law%20Professor-Ticket%20for%20NY%20Governor%20Against%20Cuomo&description=>
>    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.)
>
>  [image: Share]
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62360&title=%E2%80%9CCuomo%20Has%20Raised%20Millions%20Through%20Loophole%20He%20Pledged%20to%20Close%E2%80%9D&description=>
>    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.
>
>  [image: Share]
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62358&title=%E2%80%9CThe%20Role%20of%20Cities%20in%20National%20Popular%20Vote%20Elections%E2%80%9D&description=>
>    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.
>  [image: Share]
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62356&title=Jessica%20A.%20Levinson%20Reviews%20%E2%80%98On%20Democracy%E2%80%99s%20Doorstep%20%3A%20The%20Inside%20Story%20of%20How%20the%20Supreme%20Court%20Brought%20%E2%80%98One%20Person%2C%20One%20Vote%E2%80%99%20to%20the%20United%20States%E2%80%9D&description=>
>    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/>
>  [image: Share]
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62350&title=%E2%80%9CINGRAHAM%3A%20National%20Tea%20Party%20Groups%20Didn%E2%80%99t%20Help%20Brat%20%28VIDEO%29%E2%80%9D&description=>
>    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>
>  [image: Share]
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62348&title=%E2%80%9CJ.H.%20Snider%20and%20Beverly%20Clay%3A%20%E2%80%98Dark%20money%E2%80%99%20drives%20R.I.%20constitutional%20convention%20votes%20%E2%80%9C&description=>
>    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>
> .
>  [image: Share]
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62346&title=%E2%80%9CA%20closer%20look%20at%20Scott%20Guthrie%2C%20aide%20to%20Josh%20Mandel%20and%20behind-the-scenes%20figure%20in%20Ben%20Suarez%20case%E2%80%9D&description=>
>    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 be released 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!
>  [image: Share]
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62329&title=Election%20Law%20%40%20Moritz%20Report%2C%20%E2%80%9CThe%20New%20Soft%20Money%2C%E2%80%9D%20Coming%20This%20Wed.%2C%20June%2018&description=>
>    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 92697-8000949.824.3072 - office949.824.0495 - faxrhasen at law.uci.eduhttp://www.law.uci.edu/faculty/full-time/hasen/http://electionlawblog.org
>
>
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