[EL] ELB News and Commentary 6/19/14
Rick Hasen
rhasen at law.uci.edu
Wed Jun 18 20:28:25 PDT 2014
"White House: No Emails Between White House, Lerner"
<http://electionlawblog.org/?p=62517>
Posted on June 18, 2014 8:27 pm <http://electionlawblog.org/?p=62517>by
Rick Hasen <http://electionlawblog.org/?author=3>
AP reports
<http://www.nytimes.com/aponline/2014/06/18/us/politics/ap-us-white-house-irs-investigation.html?ref=politics>.
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Posted in tax law and election law <http://electionlawblog.org/?cat=22>
"Setting the Record Straight on a Polarizing Debate"
<http://electionlawblog.org/?p=62515>
Posted on June 18, 2014 8:09 pm <http://electionlawblog.org/?p=62515>by
Rick Hasen <http://electionlawblog.org/?author=3>
Important Norm Ornstein column.
<http://www.nationaljournal.com/washington-inside-out/setting-the-record-straight-on-a-polarizing-debate-20140618>
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Posted in political parties <http://electionlawblog.org/?cat=25>,
political polarization <http://electionlawblog.org/?cat=68>
"Shaun McCutcheon calls for more money in politics, plans to max out
all limits " <http://electionlawblog.org/?p=62513>
Posted on June 18, 2014 6:07 pm <http://electionlawblog.org/?p=62513>by
Rick Hasen <http://electionlawblog.org/?author=3>
The /Washington Times/ reports.
<http://p.washingtontimes.com/news/2014/jun/18/mccutcheon-calls-more-money-politics-plans-max-out/?page=1>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme
Court <http://electionlawblog.org/?cat=29>
"An expanding Koch network aims to spend $300 million to shape
Senate fight and 2016? <http://electionlawblog.org/?p=62511>
Posted on June 18, 2014 4:48 pm <http://electionlawblog.org/?p=62511>by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo reports.
<http://www.washingtonpost.com/politics/an-expanding-koch-network-aims-to-spend-300-million-to-shape-senate-fight-and-2016/2014/06/18/d42877ec-f703-11e3-a3a5-42be35962a52_story.html>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Protest by Abdullah Abdullah Puts Afghanistan Vote Count Under
Cloud" <http://electionlawblog.org/?p=62509>
Posted on June 18, 2014 4:43 pm <http://electionlawblog.org/?p=62509>by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT.
<http://www.nytimes.com/2014/06/19/world/asia/afghan-candidates-protest-casts-presidential-vote-into-crisis.html?hp>
A reminder of the importance of faith that votes are being fairly and
accurately counted, and results accepted by all sides.
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Posted in election administration <http://electionlawblog.org/?cat=18>
Senate Judiciary Committee Votes 5-4 in Favor of Campaign Finance
Amendment <http://electionlawblog.org/?p=62507>
Posted on June 18, 2014 1:31 pm <http://electionlawblog.org/?p=62507>by
Rick Hasen <http://electionlawblog.org/?author=3>
So reports Peter Overby.
<https://twitter.com/peteroverby/status/479358474066087936>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
Quote of the Day, RGB Edition <http://electionlawblog.org/?p=62505>
Posted on June 18, 2014 1:25 pm <http://electionlawblog.org/?p=62505>by
Rick Hasen <http://electionlawblog.org/?author=3>
"Like the currently leading campaign finance decision, Citizens United
v. Federal Election Commission, I regard Shelby County as an egregiously
wrong decision that should not have staying power."
---Justice Ginsburg <http://t.co/32oHvLKMli>, speaking to the Second
Circuit Judicial conference.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme
Court <http://electionlawblog.org/?cat=29>, Voting Rights Act
<http://electionlawblog.org/?cat=15>
"Individuals and Organizations Have a Constitutional Right to
Unlimited Spending on Their Own Political Speech"
<http://electionlawblog.org/?p=62503>
Posted on June 18, 2014 12:20 pm <http://electionlawblog.org/?p=62503>by
Rick Hasen <http://electionlawblog.org/?author=3>
You can watch a free, live streamed debate hosted by Intelligence
Squared US that tackles the motion "Individuals and Organizations Have a
Constitutional Right to Unlimited Spending on Their Own Political Speech
<http://fora.tv/event/individuals_and_organizations_have_a_constitutional_right_to_unlimited_spending_on_their_own_political_speech/livestream>."
This debate will be live on FORA.tv Thursday June 26th at 6:30 pm ET.
Arguing for the motion will be Floyd Abrams, 1st Amendment Authority &
Partner, Cahill Gordon & Reindel, and Nadine Strossen, Fmr. President,
ACLU & Professor, New York Law School; arguing against are Burt
Neuborne, Professor, NYU Law & Founding Legal Director, Brennan Center
for Justice, and Zephyr Teachout, Assoc. Professor, Fordham Law & Fmr.
Nat'l Dir., Sunlight Foundation.
The stream will be interactive with a Twitter feed. It will be aechived
as well.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
Big CA News: With Justice Baxter's Retirement, CA Gov. Brown Will
Get Third Appointment to State Supreme Court
<http://electionlawblog.org/?p=62501>
Posted on June 18, 2014 11:15 am <http://electionlawblog.org/?p=62501>by
Rick Hasen <http://electionlawblog.org/?author=3>
LA Times. <http://t.co/EFLHpE1EvA>
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"Cesar Chavez to be removed from ballot, plans to appeal"
<http://electionlawblog.org/?p=62499>
Posted on June 18, 2014 11:04 am <http://electionlawblog.org/?p=62499>by
Rick Hasen <http://electionlawblog.org/?author=3>
AZ Central:
<http://www.azcentral.com/story/news/arizona/politics/2014/06/17/cesar-chavez-election-court-ballot/10689571/>
A judge ruled Tuesday that Cesar Chavez, the former Republican who
changed his name from Scott Fistler, will be removed from the
primary ballot in the 7th Congressional District because hundreds of
his signatures were invalid.
Chavez, who acted as his own attorney in a hearing which veered from
comical antics to tearful testimony, vowed to appeal the decision to
the Arizona Supreme Court.
He asked supporters to "funnel money" to his campaign and find him
legal counsel.
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Posted in ballot access <http://electionlawblog.org/?cat=46>, campaigns
<http://electionlawblog.org/?cat=59>, chicanery
<http://electionlawblog.org/?cat=12>
"Nevada's Hidden Money Problem" <http://electionlawblog.org/?p=62497>
Posted on June 18, 2014 10:39 am <http://electionlawblog.org/?p=62497>by
Rick Hasen <http://electionlawblog.org/?author=3>
Ralston reports.
<http://www.ralstonreports.com/blog/nevadas-hidden-money-problem#.U6HOiagWeAd>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"The IRS's record-keeping procedures --- like erasing backup tapes
every six months --- have been known for years as critical
weaknesses in government record collection."
<http://electionlawblog.org/?p=62495>
Posted on June 18, 2014 10:21 am <http://electionlawblog.org/?p=62495>by
Rick Hasen <http://electionlawblog.org/?author=3>
Politico
<http://www.politico.com/story/2014/06/irs-emails-lois-lerner-congress-107969.html?hp=l2>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"New Report Highlights Need for 'Coordination' Reform Post-Citizens
United | Commentary" <http://electionlawblog.org/?p=62492>
Posted on June 18, 2014 9:30 am <http://electionlawblog.org/?p=62492>by
Rick Hasen <http://electionlawblog.org/?author=3>
Paul Ryan
<http://www.rollcall.com/news/new_report_highlights_need_for_coordination_reform_post_citizens_united-233970-1.html>
has written this Roll Call commentary.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Scalia's Word Games" <http://electionlawblog.org/?p=62490>
Posted on June 18, 2014 9:28 am <http://electionlawblog.org/?p=62490>by
Rick Hasen <http://electionlawblog.org/?author=3>
Jeff Shesol
<http://www.newyorker.com/online/blogs/newsdesk/2014/06/scalia-word-games.html>
at /The New Yorker./
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Posted in statutory interpretation <http://electionlawblog.org/?cat=21>,
Supreme Court <http://electionlawblog.org/?cat=29>
Highlights from The New Soft Money
<http://electionlawblog.org/?p=62486>
Posted on June 18, 2014 9:03 am <http://electionlawblog.org/?p=62486>by
Dan Tokaji <http://electionlawblog.org/?author=5>
*Dan Tokaji & Renata Strause*
Thanks to Rick <http://electionlawblog.org/?p=62484> and Heather
<http://electionlawblog.org/?p=62416> for their posts on The New Soft
Money <http://moritzlaw.osu.edu/thenewsoftmoney/>, the report on outside
spending that we released this morning. We believe this report to be
the first of its kind, in investigating and analyzing the effects of
outside spending, by interviewing those who are in the best position to
know: the political insiders who are most directly affected by it.
In recent years, we've seen the rapid proliferation in the number of
outside groups -- those that aren't formally affiliated with candidates
or parties -- coupled with a dramatic increase in how much these groups
are spending to influence federal elections. There's been a great deal
of attention to raw numbers, but much less in-depth analysis of how all
these groups and all this money actually affects elections and politics.
Over the last year, with the generous support of the Open Society
Foundations, we conducted in-depth interviews with 43 key political
players. Our interviewees included former members of Congress from
across the political spectrum --- like Senators George Allen, Kent
Conrad, and Ben Nelson, and Representives Mark Critz, Steve LaTourette,
and Joe Walsh --- as well as campaign staff, legislative staff, and
other political operatives, including people from outside groups
themselves. Our report also includes a detailed analysis of the changes
in federal law over the years, and the current legal and political
landscape.
One of the most surprising things we found is substantial agreement on
what's actually happening in the brave new world of large independent
expenditures. To be sure, there are pronounced differences as to
whether these changes are desirable, what's causing them, and what
changes in law are appropriate. Anyone who follows campaign finance,
even casually, knows how ideologically polarized this area is. But in
terms of what's happening on the ground, there was a high degree of
descriptive agreement
Three big takeway points bear special emphasis:
First, outside groups aren't monolithic. There are instead a variety of
groups with very different aims and strategies. Chapter III breaks them
down into four categories (pp. 46-50): (1) Shadow Parties, which seek
to help one party or the other; (2) Old Hands, established groups with
well known policy agenda; (3) Buddy PACs, groups devoted to helping a
single candidate; and (4) New Kids on the Block, recently established
groups with a narrow issue or regional agenda.
Second, outside spending has substantially
changed congressional campaigns. Outside groups are doing a lot of the
dirty work, including negative ads. We find considerable cooperation
--- though we did not find illegal coordination --- between candidate
campaigns and outside groups. That includes signaling through "b-roll"
and other tactics, detailed in Chapter IV (pp. 63-68).
Third, outside spending has changed Congress. Perhaps the most striking
finding is that outside spending is perceived as a threat ---
occasionally express, more often implied -- to those who don't toe the
line of outside groups. Chapter V offers some examples (pp. 80-88). To
take one of them, Rep. Dan Boren told us that after his vote on one
bill, "there was a message" (in that case from a labor group) that they
would "come in big" in retaliation if he had a viable opponent. Such
threats usually aren't expressed, because they don't need to be. As
Rep. Steve LaTourette put it: "I don't think they have to make a
[direct] threat. One, I think people are smarter than that; two, it was
implied."
Such comments highlight a key difference between the old soft money and
the new soft money. Old soft money was associated with /access/, like a
wad of cash that you'd slip to a nightclub bouncer to get in the
door. The new soft money is more like a bulge in one's jacket pocket, an
implied /threat/ against those who refuse to comply.
Our report steers clear of policy recommendations, a subject on which
there are of course profound disagreements. Regulatory skeptics can be
expected to argue that this evidence supports elimination of the ban
on soft money to political parties. Reformers will argue that it shows
that the Supreme Court's precedents, including /Citizens United/,//are
wrong and should be overruled. While /The New Soft Money /avoids
joining the fray, we hope that it will promote more constructive debates
--- informed by what's actually happening on the ground --- on these and
other topics.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
legislation and legislatures <http://electionlawblog.org/?cat=27>
--
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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