[EL] ELB News and Commentary 6/18/14
Rick Hasen
rhasen at law.uci.edu
Tue Jun 17 20:32:59 PDT 2014
"Give up trying to stop political lies"
<http://electionlawblog.org/?p=62467>
Posted on June 17, 2014 8:29 pm <http://electionlawblog.org/?p=62467>by
Rick Hasen <http://electionlawblog.org/?author=3>
Cincinnati Enquirer editorial
<http://www.cincinnati.com/story/opinion/editorials/2014/06/17/give-trying-stop-political-lies/10720879/>:
Ohio's election law banning lying in political campaigns -- while
perhaps well-meaning -- is constitutionally questionable and should
be repealed by the General Assembly as soon as possible.
We'd love to see candidates stop telling lies. However, the First
Amendment right to free speech trumps a wish that's simply unattainable.
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Posted in campaigns <http://electionlawblog.org/?cat=59>
"Conservatives, after dismantling public financing system, set
sights on N.C. judiciary" <http://electionlawblog.org/?p=62465>
Posted on June 17, 2014 8:27 pm <http://electionlawblog.org/?p=62465>by
Rick Hasen <http://electionlawblog.org/?author=3>
E&E <http://www.eenews.net/stories/1060001412>:
The commercial starts like all the political attack ads voters in
the swing state of North Carolina are used to seeing:
black-and-white graphics, ominous voice-over, newspaper clippings.
In less than 10 seconds, though, the spot takes a striking turn.
"When child molesters sued to stop electronic monitoring of their
location, a law that let us track child molesters near schools,
playgrounds, day care centers, Supreme Court Justice Robin Hudson
sided with the predators," the narrator says over audio of children
giggling.
"Justice Robin Hudson, not tough on child molesters."
Hudson, a Democrat seeking re-election to the state's high court,
learned of the ad from a friend's email.
"I was horrified," she recalled. "It was so appalling."
Aside from being misleading and false, the ad
<https://www.youtube.com/watch?v=s1gJLCrWJZk> signals the next phase
in a conservative effort to reshape North Carolina's political
institutions (/E&E Daily/
<http://www.eenews.net/eedaily/stories/1060000029/>, May 22). The ad
attacking Hudson was aired earlier this spring by Justice for All
NC, a shadowy conservative group.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
campaigns <http://electionlawblog.org/?cat=59>, judicial elections
<http://electionlawblog.org/?cat=19>
"Lawmakers Skeptical on Emails and I.R.S."
<http://electionlawblog.org/?p=62463>
Posted on June 17, 2014 8:23 pm <http://electionlawblog.org/?p=62463>by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT reports.
<http://www.nytimes.com/2014/06/18/us/lawmakers-skeptical-on-emails-and-irs.html?ref=politics>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22>
Oy Vey! Bribery Prosecution Mistrial Declared
<http://electionlawblog.org/?p=62460>
Posted on June 17, 2014 7:57 pm <http://electionlawblog.org/?p=62460>by
Rick Hasen <http://electionlawblog.org/?author=3>
Because of Yiddish.
<http://www.nytimes.com/2014/06/18/nyregion/mistrial-declared-in-malcolm-smith-corruption-trial.html?hp>
It's a shonda <http://www.urbandictionary.com/define.php?term=Shonda> I
tell you.
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Posted in bribery <http://electionlawblog.org/?cat=54>
Lyle Denniston Analysis of Susan B. Anthony False Campaign Speech
Case <http://electionlawblog.org/?p=62458>
Posted on June 17, 2014 7:12 pm <http://electionlawblog.org/?p=62458>by
Rick Hasen <http://electionlawblog.org/?author=3>
Here
<http://www.scotusblog.com/2014/06/opinion-analysis-false-politicking-law-open-to-challenge/>,
at SCOTUSBlog.
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Posted in campaigns <http://electionlawblog.org/?cat=59>, Supreme Court
<http://electionlawblog.org/?cat=29>
"Clean elections director seeks full probe of Arizona AG Tom Horne
over election law complaint" <http://electionlawblog.org/?p=62456>
Posted on June 17, 2014 7:11 pm <http://electionlawblog.org/?p=62456>by
Rick Hasen <http://electionlawblog.org/?author=3>
AP reports.
<http://www.dailyjournal.net/view/story/94ce89c8ab224d998a86b7b49881bfc2/AZ--Horne-Campaign-Complaint/#.U6D1FqiT6N8>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"How the IRS 'lost' Lois Lerner's e-mails"
<http://electionlawblog.org/?p=62454>
Posted on June 17, 2014 3:51 pm <http://electionlawblog.org/?p=62454>by
Rick Hasen <http://electionlawblog.org/?author=3>
/USA Today /
<http://www.usatoday.com/story/news/politics/2014/06/17/how-the-irs-lost-lois-lerners-e-mails/10695507/>reports.
<http://www.usatoday.com/story/news/politics/2014/06/17/how-the-irs-lost-lois-lerners-e-mails/10695507/>
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Posted in tax law and election law <http://electionlawblog.org/?cat=22>
Hillary Clinton Opposes Mandatory Voting But Calls for Automatic
Voter Registration <http://electionlawblog.org/?p=62451>
Posted on June 17, 2014 3:32 pm <http://electionlawblog.org/?p=62451>by
Rick Hasen <http://electionlawblog.org/?author=3>
From a CNN town hall
<http://www.cnn.com/2014/06/17/politics/clinton-town-hall-what-to-watch/index.html?hpt=hp_t1>
(no transcript yet):
*5:55 p.m.:* Asked if there should be mandatory voting, Clinton
"no," but argued "there should be automatic registration."
"When a young person turns 18, that young person should be
registered to vote," she said. "And I deplore the efforts by some to
restrict the right to vote."
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>
"Latinos and the VRA: A Modern Fix for Modern-Day Discrimination
<http://electionlawblog.org/?p=62449>
Posted on June 17, 2014 3:30 pm <http://electionlawblog.org/?p=62449>by
Rick Hasen <http://electionlawblog.org/?author=3>
New report <http://t.co/DPQTpo6Jau> from MALDEF and NALEO calling on
Congress to adopt the VRAA.
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Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>, VRAA
<http://electionlawblog.org/?cat=81>
"Statement of Vice Chair Ann M. Ravel and Commissioner Ellen L.
Weintraub on Judicial Review of Deadlocked Commission Votes"
<http://electionlawblog.org/?p=62447>
Posted on June 17, 2014 2:22 pm <http://electionlawblog.org/?p=62447>by
Rick Hasen <http://electionlawblog.org/?author=3>
This <http://eqs.fec.gov/eqsdocsMUR/14044354045.pdf> is very interesting:
On December 3, 2013, the Commission deadlocked 3-3 on whether to
find reason to believe that Crossroads Grassroots Policy Strategies
("Crossroads GPS"), a 501(c)(4) "socialw elfare organization,"'
should have registered and reported as a political committee under
the Federal Election Campaign Act (the "Act") and Commission
regulations. As we explained at the time, we believe that, as a
result of our colleagues' votes in that case, the Commission "failed
to adhere to its own policy on political committee status or to
recent judicial decisions finding that policy to be valid and
constitutional." The complainants then brought suit against
the Commission for its failure to take action against Crossroads GPS.
We are writing now to address an issue that arises in the context of
this litigation, but that has much broader significance^the issue of
how courts review a 3-3 deadlock at the FEC. In particular, we are
concerned about the potential that courts will continue to grant
deference to the perspectives of oniy half of the members of the
Commission when the Commission has a split vote. This "deadlock
deference" appears to be unique to the enforcement process at the
FEC, for reasons that the D.C. Circuit has never fully explained.
Such deference undermines the bipartisan structure of the agency and
puts complainants at a unique disadvantage in precisely the process
where Congress sought to empower them. Moreover, the longstanding
justifications for granting deference to an administrative
agency---the presence of subject-matter expertise and the ability to
craft policy compromises---are entirely absent in the case of a
deadlock.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
election commission <http://electionlawblog.org/?cat=24>
"New early voting hours set after federal court ruling"
<http://electionlawblog.org/?p=62445>
Posted on June 17, 2014 2:18 pm <http://electionlawblog.org/?p=62445>by
Rick Hasen <http://electionlawblog.org/?author=3>
Columbus Dispatch
<http://www.dispatch.com/content/stories/local/2014/06/17/New-early-voting-hours-set.html>:
Ohio voters can cast ballots in person over an 18-hour period for
the final three days before Election Day.
Following a federal court order last week, Secretary of State Jon
Husted set uniform hours today for in-person absentee voting on the
Saturday, Sunday, and Monday before Election Day, which this year
falls on Nov. 4. Those hours are from 8 a.m. to 4 p.m. on Saturday,
Nov. 1; 1 to 5 p.m. on Sunday, Nov. 2; and 8 a.m. to 2 p.m. on
Monday, Nov. 3.
You can read SOS Husted's order here
<http://www.sos.state.oh.us/sos/upload/elections/directives/2014/Dir2014-17.pdf>.
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Posted in election administration <http://electionlawblog.org/?cat=18>
"Scooby Doo" Democrat Gets Out Vote for Thad Cochran Through Church
<http://electionlawblog.org/?p=62443>
Posted on June 17, 2014 10:47 am <http://electionlawblog.org/?p=62443>by
Rick Hasen <http://electionlawblog.org/?author=3>
Very odd
<http://www.clarionledger.com/story/dailyledes/2014/06/17/democrat-black-gotv-cochran/10675595/>.
MORE
<http://www.nytimes.com/2014/06/17/upshot/a-church-pac-link-raises-questions-in-mississippi.html?rref=upshot>on
the Church-PAC connection from the NYT.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
campaigns <http://electionlawblog.org/?cat=59>
"Koch network adds super PAC to its arsenal, expanding into overt
political activity" <http://electionlawblog.org/?p=62441>
Posted on June 17, 2014 9:07 am <http://electionlawblog.org/?p=62441>by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo reports.
<http://www.washingtonpost.com/blogs/post-politics/wp/2014/06/17/koch-network-adds-super-pac-to-its-arsenal-expanding-into-overt-political-activity/>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
More IRS Mess <http://electionlawblog.org/?p=62439>
Posted on June 17, 2014 8:49 am <http://electionlawblog.org/?p=62439>by
Rick Hasen <http://electionlawblog.org/?author=3>
IRS Has Lost More Emails
<http://www.nationalreview.com/corner/380576/irs-has-lost-more-emails-eliana-johnson>(National
Review): "It's not just Lois Lerner's emails. The Internal Revenue
Service says it can't produce emails from six more employees involved in
the targeting of conservative groups, according to two Republicans
investigating the scandal."
Megan McArdle
<http://www.bloombergview.com/articles/2014-06-17/missing-e-mail-is-the-least-of-the-irs-s-problems>:
As it happens, I used to administer just the sort of e-mail systems
that the IRS seems to be using. So I fired off a set of queries to
the IRS about its e-mail system, its archiving policies and how the
loss of data happened. Many of those queries remain unanswered, but
I was given some documents that explain how the files could have
been lost. My conclusion: It is plausible that this was an innocent
coincidence. But it is only plausible if the IRS is managing its IT
systems so badly that it is very easy to lose critical records ---
or for abusive employees to destroy the evidence of their
misbehavior. A private company under investigation that responded to
regulators, or a judge, with this sort of explanation rather than
producing the requested documents would rightly expect to be handed
an adverse judgment or a whopping fine. This incident should be
thoroughly investigated, and steps should be taken throughout the
government to make sure that no similar incident can ever happen again.
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Posted in tax law and election law <http://electionlawblog.org/?cat=22>
"Groups Concerned About Judicial Integrity Urge Ninth Circuit to
Rehear Case Striking Down Judicial Campaign Laws"
<http://electionlawblog.org/?p=62437>
Posted on June 17, 2014 8:34 am <http://electionlawblog.org/?p=62437>by
Rick Hasen <http://electionlawblog.org/?author=3>
Press release
<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=2499:june-17-2014-groups-concerned-about-judicial-integrity-urge-ninth-circuit-to-rehear-case-striking-down-judicial-campaign-laws&catid=63:legal-center-press-releases&Itemid=61>:
Yesterday, the Campaign Legal Center joined with other nonprofit
groups concerned with the integrity of the courts in filing an
/amici curiae brief
<http://campaignlegalcenter.org/images/Wolfson_Amicus_in_Support_of_Rehearing_En_Banc.pdf>/
urging the U.S. Court of Appeals for the Ninth Circuit to review /en
banc/ /Wolfson v. Concannon/, in which a three-judge circuit panel
struck down Arizona rules for judicial conduct as applied to
non-judge candidates, but left those rules standing for incumbent
judicial candidates.
The three-judge panel struck down Arizona's ban on judicial
candidates personally soliciting political contributions, as well as
its ban on judicial candidates endorsing, speaking in favor of or
campaigning for non-judicial candidates---but only as these bans
apply to non-judge candidates.
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Posted in judicial elections <http://electionlawblog.org/?cat=19>
"New Report: Voters in 22 States Face New Laws That Could Make
Voting Harder in November" <http://electionlawblog.org/?p=62435>
Posted on June 17, 2014 8:20 am <http://electionlawblog.org/?p=62435>by
Rick Hasen <http://electionlawblog.org/?author=3>
Press release
<http://www.brennancenter.org/press-release/new-report-voters-22-states-face-new-laws-could-make-voting-harder-november>:
New voting restrictions developed since 2010 are slated to be in
place in 22 states this November. In 15 of these states, 2014 will
be the first federal election with new restrictions in
effect, according to a report released today
<http://www.brennancenter.org/analysis/state-voting-2014> by the
Brennan Center for Justice at NYU School of Law.
Unless the laws are blocked by the courts --- and there are court
challenges to measures in six of those states --- eligible voters in
nearly half the country could find it harder to cast a ballot in the
2014 midterm elections. The new laws range from photo ID
requirements to early voting cutbacks to voter registration
restrictions --- all of which could have an impact on voter turnout
and contribute to confusion at the polls in November.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>, voter id
<http://electionlawblog.org/?cat=9>, Voting Rights Act
<http://electionlawblog.org/?cat=15>
"The Court Bides Its Time in Susan B. Anthony"
<http://electionlawblog.org/?p=62433>
Posted on June 17, 2014 7:48 am <http://electionlawblog.org/?p=62433>by
Rick Hasen <http://electionlawblog.org/?author=3>
Bauer blogs.
<http://www.moresoftmoneyhardlaw.com/2014/06/court-bides-time-susan-b-anthony/>
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Posted in campaigns <http://electionlawblog.org/?cat=59>, Supreme Court
<http://electionlawblog.org/?cat=29>
Koch Bros. Move into Disclosing Super PAC Business
<http://electionlawblog.org/?p=62431>
Posted on June 16, 2014 7:59 pm <http://electionlawblog.org/?p=62431>by
Rick Hasen <http://electionlawblog.org/?author=3>
Politico.
<http://www.politico.com/story/2014/06/2014-elections-koch-brothers-super-pac-107926.html?hp=t1>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
--
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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