[EL] ELB News and Commentary 6/26/14

Rick Hasen rhasen at law.uci.edu
Wed Jun 25 20:50:22 PDT 2014 

<http://electionlawblog.org/>


    "FEC Deadlocked on Ex-Rep. Andrews' Case Involving Campaign-Funded
    Travel by Family" <http://electionlawblog.org/?p=62788>

Posted on June 25, 2014 8:42 pm <http://electionlawblog.org/?p=62788>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Bloomberg BNA reports 
<http://news.bna.com/mpdm/display/link_res.adp?lt=email&fname=A0F2E6Z0X8&lf=eml&emc=mpdm:mpdm:109>.

Commissioner Weintraub's statement 
<http://eqs.fec.gov/eqsdocsMUR/14044354358.pdf>. (That's the only one I 
can find at this time.)

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal 
election commission <http://electionlawblog.org/?cat=24>


    "Blacks Regain Sway at Polls in Mississippi"
    <http://electionlawblog.org/?p=62786>

Posted on June 25, 2014 8:38 pm <http://electionlawblog.org/?p=62786>by 
Rick Hasen <http://electionlawblog.org/?author=3>

NYT reports. 
<http://www.nytimes.com/2014/06/26/us/politics/blacks-regain-sway-at-polls-in-mississippi.html>

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Posted in campaigns <http://electionlawblog.org/?cat=59>, Voting Rights 
Act <http://electionlawblog.org/?cat=15>


    "Thad Cochran's Debt to Mississippi"
    <http://electionlawblog.org/?p=62784>

Posted on June 25, 2014 7:56 pm <http://electionlawblog.org/?p=62784>by 
Rick Hasen <http://electionlawblog.org/?author=3>

NYT 
<http://www.nytimes.com/2014/06/26/opinion/thad-cochrans-debt-to-mississippi.html?smid=tw-share> 
editorial concludes:

    Last year, Mr. Cochran praised
    <http://www.cochran.senate.gov/public/index.cfm/2013/6/cochran-statement-on-u-s-supreme-court-ruling-on-the-voting-rights-act>
    the Supreme Court decision that gutted the heart of the Voting
    Rights Act. He can now make it clear that bipartisanship goes both
    ways by crossing party lines to support a new measure
    <http://www.thenation.com/blog/177962/members-congress-introduce-new-fix-voting-rights-act>
    that would restore the act's protections, becoming the first
    Republican senator to do so. The pork barrel may be obsolete, but
    there is still much Mr. Cochran can do to help the voters who kept
    his old-fashioned career alive.

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Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>, VRAA 
<http://electionlawblog.org/?cat=81>


    McDaniel, in Statement, Keeps Door Open to Post Election Challenge
    <http://electionlawblog.org/?p=62781>

Posted on June 25, 2014 2:49 pm <http://electionlawblog.org/?p=62781>by 
Rick Hasen <http://electionlawblog.org/?author=3>

The campaign issued this statement:

    McDaniel Issues Post-Runoff Statement

    Laurel, MS -- Republican candidate for U.S. Senate issued a
    statement following a closely contested primary runoff election rife
    with irregularities.

    Invoking Ronald Reagan's message of liberty, freedom, and balance
    budgets, traditional values, and personal responsibility, McDaniel
    called for scrutiny of the election's irregularities and for a
    thorough examination of the core principles of the Republican party.

    "The conservative movement is alive in Mississippi," McDaniel said.
    "The Republicans who voted last night made it clear they're looking
    for conservative change in Mississippi." "But the results also tell
    another story," McDaniel continued.

    "They tell the story of some members of our party who are willing to
    engage in tactics unbecoming of the party of Ronald Reagan. It's no
    wonder so many conservatives don't feel welcome in the Republican
    party," McDaniel said. "If our party and our conservative movement
    are to co-exist, it is paramount that we ensure the sanctity of the
    election process is upheld. And we will do that. In the case of
    yesterday's election, we must be absolutely certain that our
    Republican primary was won by Republican voters."

    "In the coming days, our team will look into the irregularities to
    determine whether a challenge is warranted," McDaniel continued.
    "After we've examined the data, we will make a decision about
    whether and how to procede [sic]," he concluded.

In my earlier analysis <http://electionlawblog.org/?p=62735>, I 
explained why McDaniel has slim to no chance of success on a legal 
challenge.

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


    "WyLiberty Attorneys File Lawsuit Challenging Constitutionality of
    State Campaign Finance Law" <http://electionlawblog.org/?p=62779>

Posted on June 25, 2014 2:32 pm <http://electionlawblog.org/?p=62779>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Release 
<http://wyliberty.org/feature/wyliberty-attorneys-file-lawsuit-challenging-constitutionality-of-state-campaign-finance-law/#ff_s=cf4B7>: 
"Wyoming Liberty Group attorneys filed a lawsuit in Wyoming federal 
court 
<http://wyliberty.org/wp-content/uploads/2014/06/WillsVMead-Complaint.pdf>today 
on behalf of Jennifer Young, Constitution Party candidate for Wyoming 
Secretary of State, and Don Wills, a Wyoming resident who wishes to 
contribute money to Young's campaign, to challenge a state campaign 
finance law as discriminatory and censorious of free speech."

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


    "In Ohio, a 'people's movement' for voting rights"
    <http://electionlawblog.org/?p=62777>

Posted on June 25, 2014 2:19 pm <http://electionlawblog.org/?p=62777>by 
Rick Hasen <http://electionlawblog.org/?author=3>

MSNBC reports. 
<http://www.msnbc.com/msnbc/ohio-peoples-movement-voting-rights>

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Posted in The Voting Wars <http://electionlawblog.org/?cat=60>, voting 
<http://electionlawblog.org/?cat=31>


    "Camp: Grassley Targeted By Lois Lerner at IRS"
    <http://electionlawblog.org/?p=62775>

Posted on June 25, 2014 2:13 pm <http://electionlawblog.org/?p=62775>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Roll Call reports. 
<http://blogs.rollcall.com/wgdb/camp-grassley-targeted-by-lerner-at-irs/>

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


    "Where are the GOP Supporters of Voting Rights?"
    <http://electionlawblog.org/?p=62773>

Posted on June 25, 2014 11:56 am <http://electionlawblog.org/?p=62773>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Read Ari Berman 
<http://www.thenation.com/blog/180419/where-are-gop-supporters-voting-rights#>. 
Now.

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Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>, VRAA 
<http://electionlawblog.org/?cat=81>


    Whoa: Judge Posner Attacks Chief Justice Roberts Truthfulness in
    Campaign Finance Case <http://electionlawblog.org/?p=62770>

Posted on June 25, 2014 11:35 am <http://electionlawblog.org/?p=62770>by 
Rick Hasen <http://electionlawblog.org/?author=3>

While I agree with the sentiment (as anyone who has read my writings on 
the Chief Justice's views in the campaign finance and voting rights 
areas, and in fact I've madethis exact same attack on the Chief Justice 
at SCOTUSBlog 
<http://www.scotusblog.com/2014/04/symposium-does-the-chief-justice-not-understand-politics-or-does-he-understand-it-all-too-well/>), 
I am a bit concerned about a sitting federal appellate judge attacking 
the Chief Justice like this. 
<http://www.slate.com/articles/news_and_politics/the_breakfast_table/features/2014/scotus_roundup/scotus_end_of_term_is_roberts_casual_about_the_truth_in_the_campaign_finance.html>It 
diminishes the judiciary to have judges sniping at each other in public.


        Does Chief Justice John Roberts show a certain casualness about
        the truth?

    Richard A. Posner....

    Which brings me to Chief Justice Roberts' opinion in /McCutcheon v.
    Federal Election Commission
    <http://www.slate.com/articles/news_and_politics/jurisprudence/2014/04/the_subtle_awfulness_of_the_mccutcheon_v_fec_campaign_finance_decision_the.html>/,
    the decision in April that, in the name of free speech, further
    diminished Congress' power to limit spending on political campaigns.
    The opinion states that Congress may target only a specific type of
    corruption---/quid pro quo/ corruption---that is, an /agreement/
    between donor and candidate that in exchange for the donation the
    candidate will support policies that will provide financial or other
    benefits to the donor. If there is no agreement, the opinion states,
    the donation must be allowed because "constituents have the right to
    support candidates who share their views and concerns.
    Representatives are not to follow constituent orders, but can be
    expected to be cognizant of and respon­sive to those concerns. Such
    responsiveness is key to the very concept of self-governance through
    elected officials."*
    <http://www.slate.com/articles/news_and_politics/the_breakfast_table/features/2014/scotus_roundup/scotus_end_of_term_is_roberts_casual_about_the_truth_in_the_campaign_finance.html#cx>
    [UPDATED]

    Can so naive-seeming a conception of the political process reflect
    the actual beliefs of the intellectually sophisticated chief
    justice? Maybe so, but one is entitled to be skeptical. Obviously,
    wealthy businessmen and large corporations often make substantial
    political contributions in the hope (often fulfilled) that by doing
    so they will be buying the support of politicians for policies that
    yield financial benefits to the donors. The legislator who does not
    honor the implicit deal is unlikely to receive similar donations in
    the future. By honoring the deal he is not just being "responsive"
    to the political "views and concerns" of constituents; he is buying
    their financial support with currency consisting of votes for
    legislation valuable to his benefactors. Isn't this /obviously/ a
    form of corruption?

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


    "Murdered Voting Advocate's Brother Wants Protections Back"
    <http://electionlawblog.org/?p=62768>

Posted on June 25, 2014 11:11 am <http://electionlawblog.org/?p=62768>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Carrie Johnson for NPR 
<http://www.npr.org/blogs/codeswitch/2014/06/25/325270669/murdered-voting-advocates-brother-wants-protections-back>:

    One year ago, the Supreme Court threw out a key section of the 1965
    Voting Rights Act. The law gave the federal government a kind of
    veto power over voting arrangements in states with a history of
    discrimination. Now, without those protections, civil rights
    activists say many states are moving polling places and enacting
    laws that disproportionately hurt minorities.

    This week, they're turning to Congress for help. Consider David
    Goodman, who stands on a patch of grass outside the U.S. Capitol on
    a steamy morning to deliver a message to lawmakers in the marble
    building behind him.

    "And every person has the right to vote," Goodman says." And any
    time anybody diminishes that, marginalizes it, or simply passes a
    law to make it inconvenient, we're kind of back to the future. And
    it's happening today."

    Fifty years ago, the Ku Klux Klan kidnapped and murdered David's
    older brother Andrew Goodman and two other men working to register
    black voters during Freedom Summer. The killings shocked the
    conscience of the nation and helped lead Congress to pass the Voting
    Rights Act in 1965. But last year, Goodman notes, a divided Supreme
    Court led by Chief Justice John Roberts threw out a key part of that
    law.

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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting 
Rights Act <http://electionlawblog.org/?cat=15>, VRAA 
<http://electionlawblog.org/?cat=81>

-- 
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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