[EL] ELB News and Commentary 3/27/14
Rick Hasen
rhasen at law.uci.edu
Wed Mar 26 21:25:55 PDT 2014
"From the Hobby Lobby oral argument: Should legislation passed by
unanimous vote be invalidated or narrowly construed?"
<http://electionlawblog.org/?p=59727>
Posted on March 26, 2014 8:55 pm <http://electionlawblog.org/?p=59727>by
Rick Hasen <http://electionlawblog.org/?author=3>
Will Baude blogs
<http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/03/25/from-the-hobby-lobby-oral-argument-should-legislation-passed-by-unanimous-vote-be-invalidated-or-narrowly-construed/>.
I can't remember if it was Will or someone else who pointed out, after
Justice Scalia was incredulous that the vote in the Senate to renew the
Voting Rights Act in 2006 was 98-0, that this was also the same vote
margin to confirm Justice Scalia.
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Posted in legislation and legislatures
<http://electionlawblog.org/?cat=27>, Supreme Court
<http://electionlawblog.org/?cat=29>
"For Democrats, politicians in handcuffs point to image problems"
<http://electionlawblog.org/?p=59725>
Posted on March 26, 2014 8:52 pm <http://electionlawblog.org/?p=59725>by
Rick Hasen <http://electionlawblog.org/?author=3>
Yup.
<http://www.latimes.com/nation/politics/politicsnow/la-pn-democrats-competence-honor-analysis-20140326,0,7269359.story#axzz2x80uvrpY>
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Posted in campaigns <http://electionlawblog.org/?cat=59>, chicanery
<http://electionlawblog.org/?cat=12>
"Proposal to fact-check campaign claims in Maine hits resistance"
<http://electionlawblog.org/?p=59723>
Posted on March 26, 2014 8:51 pm <http://electionlawblog.org/?p=59723>by
Rick Hasen <http://electionlawblog.org/?author=3>
Kennebec Journal
<http://www.kjonline.com/politics/ACLU__LePage_fact-checking_proposal_is_unconstitutional.html>:
"Gov. LePage wants reviews to deter false statements, but the ACLU of
Maine says his idea is unconstitutional, and that making a government
agency the 'truth police' is a bigger threat to democracy."
On the constitutional question, see my *A Constitutional Right to Lie in
Campaigns and Elections?
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2151618>, 74
/Montana Law Review/ 53 (2013).*
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Posted in campaigns <http://electionlawblog.org/?cat=59>
"AG's office argues against boss in court case"
<http://electionlawblog.org/?p=59721>
Posted on March 26, 2014 8:47 pm <http://electionlawblog.org/?p=59721>by
Rick Hasen <http://electionlawblog.org/?author=3>
Dayton Daily News
<http://www.daytondailynews.com/news/news/crime-law/ags-office-argues-against-boss-in-court-case/nfLzJ/>:
Ohio Solicitor Eric Murphy Wednesday urged the U.S. Supreme Court to
uphold a lower court ruling that two independent organizations from
Cincinnati failed to show they have been harmed by a state election
law that prohibits making false statements with malice.
In an unusual legal twist, Murphy finds himself on the opposite side
of the same case with his boss, Ohio Attorney General Mike DeWine,
who earlier this month filed a separate brief with the justices
declaring that the Ohio law violates the First Amendment's guarantee
of freedom of speech.
I will post a link to this brief in the /Susan B. Anthony/ case when I
get it.
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Posted in campaigns <http://electionlawblog.org/?cat=59>
"Charlotte Mayor Patrick Cannon resigns after arrest on corruption
charges" <http://electionlawblog.org/?p=59718>
Posted on March 26, 2014 8:33 pm <http://electionlawblog.org/?p=59718>by
Rick Hasen <http://electionlawblog.org/?author=3>
News and Observer
<http://www.newsobserver.com/2014/03/26/3735678/charlotte-mayor-resigns-after.html?sp=/99/100/&ihp=1>
story.
On Jan. 17, 2013, agents met Cannon at a SouthPark apartment rented
by agents for $2,100 a month. It was outfitted with secret recording
equipment.
That day, the undercover agent gave Cannon the $12,500 in cash by
putting it on a coffee table in front of him. Cannon, according to
the affidavit, looked nervously toward a window and covered the cash
with a folder.
After the agent shut the blinds, Cannon put the bills to his ear,
then fanned them.
The next day, New Orleans Mayor Ray Nagin was indicted in Louisiana
on bribery and money laundering charges. After the news broke,
Cannon called the the undercover agent and tried to characterize his
acceptance of the money as a business investment unrelated to his
public office, the affidavit says.
In laying out his philosophy as a public official, Cannon told the
agent that he would have helped him even without the $12,500. "I'm
not one of those Chicago- or Detroit-type folk. ... That's not how I
flow."
In an ironic aside during that same meeting, Cannon said that he
looked good "in an orange necktie, but not in an orange suit."
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Posted in bribery <http://electionlawblog.org/?cat=54>, chicanery
<http://electionlawblog.org/?cat=12>
"House lawyers say panel can pursue contempt charges against Lois
Lerner" <http://electionlawblog.org/?p=59716>
Posted on March 26, 2014 8:28 pm <http://electionlawblog.org/?p=59716>by
Rick Hasen <http://electionlawblog.org/?author=3>
WaPo reports
<http://www.washingtonpost.com/blogs/federal-eye/wp/2014/03/26/house-lawyers-say-panel-can-pursue-contempt-charges-against-lois-lerner/>.
Attorneys for the House of Representatives concluded this week that
the House Oversight and Government Reform Committee has legal
standing to pursue contempt charges against former Internal Revenue
Service official Lois Lerner.
The determination, outlined in a 22-page memo
<http://oversight.house.gov/wp-content/uploads/2014/03/Lerner_Rosenberg_Memorandum.pdf> from the House's
general counsel's office to committee chairman Darrell Issa
(R-Calif.), contradicts claims from the panel's top Democrat, Elijah
Cummings (Md.), who has said Republicans effectively killed any
chance of contempt proceedings by failing to take the
constitutionally required steps required for such efforts.
NYT
<http://www.nytimes.com/2014/03/27/us/politics/house-republican-accuses-irs-head-of-stonewalling.html?ref=politics&_r=0>:
House Oversight Leader Accuses I.R.S. Commissioner of Stonewalling Inquiry
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Posted in tax law and election law <http://electionlawblog.org/?cat=22>
"After Staff Shakeup, Project Vote Smart 'Rebuilding' and Pointing
Towards 2016 With Project Galaxy, Says Tucson Boardmember"
<http://electionlawblog.org/?p=59714>
Posted on March 26, 2014 8:26 pm <http://electionlawblog.org/?p=59714>by
Rick Hasen <http://electionlawblog.org/?author=3>
Arizona Politics
<http://arizonaspolitics.blogspot.com/2014/03/project-vote-smart-rebuilding-and.html>:
The headline from the Montana newspaper sounded dire, /"/Project
Vote Smart lays off 6, considers closing <http://bit.ly/1rBkehb>".
The article focused on the layoffs and the hard feelings towards
founder and President (and, Arizonan) Richard Kimball. The truth,
according to a couple of boardmembers, is that the nationally-known
organization is "rebuilding" and pointing to the 2016 election --
when new projects will make sense of the entire galaxy of political
information and make it easier than ever for voters to know where
candidates stand on issues important to them.
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Posted in election law biz <http://electionlawblog.org/?cat=51>
"Utah election law reins in tea party: Compromise measure will give
more voters a say in nominating candidates, rather than letting a
'select, small group' wield the power"
<http://electionlawblog.org/?p=59712>
Posted on March 26, 2014 8:23 pm <http://electionlawblog.org/?p=59712>by
Rick Hasen <http://electionlawblog.org/?author=3>
LA Times reports
<http://www.latimes.com/nation/la-na-utah-republican-establishment-revenge-20140327,0,1324579.story?track=rss#axzz2x80uvrpY>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"Yee wanted campaign cash from gun conspiracy, feds say"
<http://electionlawblog.org/?p=59707>
Posted on March 26, 2014 8:21 pm <http://electionlawblog.org/?p=59707>by
Rick Hasen <http://electionlawblog.org/?author=3>
Chris Megerian writes
<http://electionlawblog.org/Yee%20wanted%20campaign%20cash%20from%20gun%20conspiracy,%20feds%20say%20%20http://www.latimes.com/local/political/la-me-pc-leland-yee-gun-running-20140326,0,4778453.story#ixzz2x84jSr99>
on the surreal Leland Yee indictment for a guy running for Secretary of
State:
The history of politics is littered with unorthodox and illegal
schemes to raise campaign cash, but the method allegedly used by
Sen. Leland Yee
<http://www.latimes.com/topic/politics/government/leland-yee-PEPLT00008176.topic>
stands apart.
A criminal complaint released Wednesday says the San Francisco
Democrat wanted donations in return for connecting an Italian
gangster from New Jersey with an international arms dealer. The
gangster was an undercover federal agent.
Although Yee is better known as a gun control advocate in the
Capitol, the complaint says he talked tough about having shady
contacts who could obtain automatic weapons.
From the indictment:
<http://blogs.kqed.org/newsfix/2014/03/26/a-reporters-guide-to-affidavit-on-leland-yee/>Screen
Shot 2014-03-26 at 8.19.52 PM
<http://electionlawblog.org/wp-content/uploads/Screen-Shot-2014-03-26-at-8.19.52-PM.png>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
chicanery <http://electionlawblog.org/?cat=12>
Sen. Harry Reid Campaign Expenditures Benefitting Granddaughter
Could Well Blossom Into Political Issue
<http://electionlawblog.org/?p=59705>
Posted on March 26, 2014 8:13 pm <http://electionlawblog.org/?p=59705>by
Rick Hasen <http://electionlawblog.org/?author=3>
Jon Ralston broke the story
<http://www.ralstonreports.com/blog/reid-paid-granddaughter-holiday-gifts-give-donors-supporters#.UzOW9F6T6N9>and
follows up
<http://www.ralstonreports.com/blog/reid-elder-dismisses-gifts-controversy-presser-and-reid-younger-defends-daughterdad#.UzOXIl6T6N->.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
chicanery <http://electionlawblog.org/?cat=12>
"Khanna recruited candidates to split GOP vote, lawsuit claims"
<http://electionlawblog.org/?p=59703>
Posted on March 26, 2014 2:30 pm <http://electionlawblog.org/?p=59703>by
Rick Hasen <http://electionlawblog.org/?author=3>
Interesting potential consequence
<http://www.mercurynews.com/news/ci_25425325/khanna-recruited-candidates-split-gop-vote-lawsuit-claims>
of the top two primary in CA: "Democratic congressional candidate Ro
Khanna recruited two last-minute Republican candidates to split the GOP
vote and restore his position as the top challenger to Rep. Mike Honda,
an East Bay Republican official claims in a lawsuit."
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Posted in chicanery <http://electionlawblog.org/?cat=12>, primaries
<http://electionlawblog.org/?cat=32>
"After Shelby County: Getting Section 2 of the VRA to Do the Work of
Section 5? <http://electionlawblog.org/?p=59700>
Posted on March 26, 2014 12:56 pm
<http://electionlawblog.org/?p=59700>by Rick Hasen
<http://electionlawblog.org/?author=3>
Chris Elmendorf and Doug Spencer have written an important new paper
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2414652> that voting
rights folks need to read:
Until the Supreme Court put an end to it in Shelby County v. Holder,
Section 5 of the Voting Rights Act was widely regarded as an
effective, lowcost tool for blocking potentially discriminatory
changes in election law and administration. The provision the
Supreme Court left standing, Section 2, is generally seen as
expensive, cumbersome and almost wholly ineffective at blocking
changes before they take effect. This paper argues that the courts,
in partnership with the Department of Justice, could reform Section
2 so that it fills much of the gap left by the Supreme Court's
evisceration of Section 5. The key is to establish rebuttable
presumptions that cover the recurring, difficult-to-resolve factual
questions in Section 2 cases, and to craft the presumptions so that
their application in any given case can be determined using national
survey data and off-the-shelf statistical models, rather than vote
tallies from local elections and other case-specific data. We
propose a set of evidentiary presumptions that meet these criteria;
we address the courts' and DOJ's legal and practical authority to
establish the presumptions; and we show how our presumptions can be
implemented using multilevel regression and poststratification (MRP)
and extant datasets. In addition to reducing the cost and increasing
the predictability of Section 2 litigation, our approach would
greatly reduce the dependence of vote-dilution claims on
often-unreliable techniques of ecological inference, and would make
coalitional claims brought jointly by two or more minority groups
much easier to litigate.
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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting
Rights Act <http://electionlawblog.org/?cat=15>
"Republican FEC Commissioners Go Public With Complaints About
Mystery Redaction" <http://electionlawblog.org/?p=59698>
Posted on March 26, 2014 12:19 pm
<http://electionlawblog.org/?p=59698>by Rick Hasen
<http://electionlawblog.org/?author=3>
Shane Goldmacher
<http://www.nationaljournal.com/politics/republican-fec-commissioners-go-public-with-complaints-about-mystery-redaction-20140326>:
The Republican commissioners of the Federal Election Commission have
broken their silence about the mysterious 76-page document that was
redacted against their wishes in the deadlocked decision over
whether Crossroads GPS was a legitimate nonprofit.
In a statement <http://eqs.fec.gov/eqsdocsMUR/14044352011.pdf>
posted to the FEC's website late Tuesday, the commission's three
Republicans pulled back the curtain a bit on the missing document.
"We do not believe that these redactions are necessary," they wrote,
saying they had sought to release the documents in a closed-door
commission meeting but "the vote failed."
/National Journal/ first reported
<http://www.nationaljournal.com/politics/how-a-mysterious-redacted-document-could-affect-money-in-politics-20140311>
the existence of the massive redaction and the behind-the-scenes
controversy earlier this month.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
election commission <http://electionlawblog.org/?cat=24>
Former Senator Olympia Snow and Victoria Kennedy on How to Improve
the Political Process <http://electionlawblog.org/?p=59695>
Posted on March 26, 2014 11:08 am
<http://electionlawblog.org/?p=59695>by Richard Pildes
<http://electionlawblog.org/?author=7>
Suggestions include a two-year budget; restoring the role of the
committee process; five-day work weeks in DC; forums for bipartisan
communication within Congress and between Congress and the White House;
independent districting commissions. Seethis
<http://www.bostonglobe.com/opinion/2014/03/25/kennedy/BaarPjC3f4NVwgfebxWNFK/story.html>
op-ed in the Boston Globe.
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Posted in Uncategorized <http://electionlawblog.org/?cat=1>
"Who Cares About Ethics?" <http://electionlawblog.org/?p=59693>
Posted on March 26, 2014 10:29 am
<http://electionlawblog.org/?p=59693>by Rick Hasen
<http://electionlawblog.org/?author=3>
Meredith McGehee blogs.
<http://www.clcblog.org/index.php?option=com_content&view=article&id=553:who-cares-about-ethics>
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
conflict of interest laws <http://electionlawblog.org/?cat=20>, ethics
investigations <http://electionlawblog.org/?cat=42>
"Most Organizations Support Changes to Rules Governing Nonprofits"
<http://electionlawblog.org/?p=59691>
Posted on March 26, 2014 10:27 am
<http://electionlawblog.org/?p=59691>by Rick Hasen
<http://electionlawblog.org/?author=3>
Press release
<http://www.citizen.org/pressroom/pressroomredirect.cfm?ID=4124>:
"Organizations that would be most affected by new rules governing
nonprofits are overwhelmingly calling on the IRS to continue the
rulemaking process, according to a new analysis by Public Citizen's
Bright Lines Project <http://www.brightlinesproject.org/>. In fact, 67
percent of the organizational comments favored going ahead with rulemaking."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22>
"Montana Supreme Court Removes Top-Two Ballot Measure from 2014
Ballot" <http://electionlawblog.org/?p=59689>
Posted on March 26, 2014 10:25 am
<http://electionlawblog.org/?p=59689>by Rick Hasen
<http://electionlawblog.org/?author=3>
Richard Winger reports.
<http://www.ballot-access.org/2014/03/montana-supreme-court-removes-top-two-ballot-measure-from-2014-ballot/>
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Posted in direct democracy <http://electionlawblog.org/?cat=62>,
political parties <http://electionlawblog.org/?cat=25>, primaries
<http://electionlawblog.org/?cat=32>
"Government Ethics Is Grandly Unified in Texas"
<http://electionlawblog.org/?p=59687>
Posted on March 26, 2014 10:24 am
<http://electionlawblog.org/?p=59687>by Rick Hasen
<http://electionlawblog.org/?author=3>
This post
<http://www.cityethics.org/content/government-ethics-grandly-unified-texas>appears
at City Ethics.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
conflict of interest laws <http://electionlawblog.org/?cat=20>, lobbying
<http://electionlawblog.org/?cat=28>
California State Senator, Candidate for Sec. of State, Arrested on
Bribery and Corruption Charges <http://electionlawblog.org/?p=59685>
Posted on March 26, 2014 8:23 am <http://electionlawblog.org/?p=59685>by
Rick Hasen <http://electionlawblog.org/?author=3>
Early reports
<http://www.kcra.com/news/fbi-conducting-multiple-raids-in-norcal/25172542>.
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Posted in bribery <http://electionlawblog.org/?cat=54>, chicanery
<http://electionlawblog.org/?cat=12>
"Washington Study Shows That Easy Registration Motivates Voters"
<http://electionlawblog.org/?p=59683>
Posted on March 26, 2014 8:04 am <http://electionlawblog.org/?p=59683>by
Rick Hasen <http://electionlawblog.org/?author=3>
Pew data dispatch.
<http://www.pewstates.org/research/analysis/washington-study-shows-that-easy-registration-motivates-voters-85899542695>
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Posted in election administration <http://electionlawblog.org/?cat=18>,
voter registration <http://electionlawblog.org/?cat=37>
New York Joins National Popular Vote Compact to Circumvent Electoral
College <http://electionlawblog.org/?p=59678>
Posted on March 26, 2014 7:22 am <http://electionlawblog.org/?p=59678>by
Rick Hasen <http://electionlawblog.org/?author=3>
Capital NY
<http://www.capitalnewyork.com/article/albany/2014/03/8542603/legislature-approves-national-popular-vote>:
"With New York's 29 electors, the interstate compact would have 160
electors, or the 60 percent of the 270 it needs to take effect."
UPDATE: Gov. Cuomo has not yet signed the bill. And the totals above
seem to be incorrect. See Derek Muller
<http://excessofdemocracy.com/blog/2014/3/national-popular-vote-passed-in-new-york-legislature>.
Finally, someone objected to my phrasing of "circumventing" the
Electoral College. It may be more accurate to say that it circumvents
the "winner-take-all" aspect.
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Posted in electoral college <http://electionlawblog.org/?cat=44>
--
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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