[EL] ELB News and Commentary 5/7/14

[Rick Hasen]

    "Federal judge halts John Doe probe into Walker recall"
    <http://electionlawblog.org/?p=61269>

Posted on May 6, 2014 9:32 pm <http://electionlawblog.org/?p=61269>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Milwaukee Journal Sentinel: 
<http://www.jsonline.com/news/statepolitics/federal-judge-halts-john-doe-probe-into-walker-recall-b99264341z1-258209431.html>

    A federal judge ordered a halt Tuesday to the John Doe investigation
    into campaign spending and fundraising by Gov. Scott Walker's
    campaign and conservative groups, saying the effort appeared to
    violate one of the group's free speech rights.

    In his 26-page decision
    <http://media.jrn.com/documents/doeruling.pdf>, U.S. District Judge
    Rudolph Randa in Milwaukee told prosecutors to immediately stop the
    long-running, five-county probe into possible illegal coordination
    between Walker's campaign, the Wisconsin Club for Growth and a host
    of others during the 2011 and 2012 recall elections.

    "The (Wisconsin Club for Growth and its treasurer) have found a way
    to circumvent campaign finance laws, and that circumvention should
    not and cannot be condemned or restricted. Instead, it should be
    recognized as promoting political speech, an activity that is
    'ingrained in our culture,'" Randa wrote, quoting from a recent U.S.
    Supreme Court decision.

    He ordered an immediate halt to the investigation, the return of all
    property seized during it, and the destruction of any information
    and materials gained in the investigation. He told the Wisconsin
    Club for Growth it did not need to cooperate with prosecutors in any
    way.

Next stop is the Seventh Circuit.

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, 
campaigns <http://electionlawblog.org/?cat=59>, chicanery 
<http://electionlawblog.org/?cat=12>


    New Poll Says SCOTUS Got Citizens United Wrong, But Poll Itself is
    Wrong on CU <http://electionlawblog.org/?p=61265>

Posted on May 6, 2014 8:46 pm <http://electionlawblog.org/?p=61265>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Buzzfeed reports. 
<http://www.buzzfeed.com/chrisgeidner/new-poll-americans-think-the-supreme-court-is-political-clos>

I am quite dubious of the Citizens United question, which phrases things 
in terms of the opinion allowing for "both sides to spend hundreds of 
millions of dollars in secret money to try to buy elections." [UPDATE: 
This is couched in terms of what "opponents say" about the opinion.  
Some surely do, but they are wrong.  But then the poll question does not 
rate what people think of the actual opinion.]

Look, I hate /Citizens United/ (start here 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1620576>). But that 
is not at all a fair characterization of what the opinion did. Start 
with the fact that it endorsed disclosure and did not cause secret 
money.  And the claim of "buying elections" is quite simplistic and 
misleading.

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


    "Major Research Groups Are Given Low Marks on Disclosing Donors"
    <http://electionlawblog.org/?p=61262>

Posted on May 6, 2014 8:38 pm <http://electionlawblog.org/?p=61262>by 
Rick Hasen <http://electionlawblog.org/?author=3>

NYT: 
<http://www.nytimes.com/2014/05/07/us/major-research-groups-given-low-marks-on-transparency.html?ref=politics&_r=0>

    The conservative-leaning Hoover Institution
    <http://www.hoover.org/>, based in California, and the liberal
    Center for American Progress
    <http://www.americanprogress.org/about/mission/>, based in
    Washington, are polar opposites in terms of political leanings. But
    according to a first-of-its-kind survey of the world's most
    prominent research organizations, the institutions share an
    important trait: a relatively poor record of disclosing the sources
    of their financing.

    The two organizations, along with other major players in Washington
    such as the Center for Strategic and International Studies
    <https://csis.org/about-us> and the Hudson Institute
    <http://www.hudson.org/>, each earned just one star out of a
    possible five in the survey, to be made public on Wednesday, an
    advance copy of which was provided to The New York Times.

    The survey, conducted by a small nonprofit group called Transparify
    <http://www.transparify.org/>, has already caused major ripples in
    the think tank world, even before its official release.

And

    The Transparify report includes some quirks, like the zero stars it
    assigned to the Open Society Foundations, created by Mr. Soros,
    which financed the Transparify study.

    Open Society received the score because it does not explicitly state
    on its website <http://www.opensocietyfoundations.org/about> that it
    is bankrolled by Mr. Soros, although it does disclose this in its
    tax return
    <http://990s.foundationcenter.org/990pf_pdf_archive/263/263753801/263753801_201212_990PF.pdf>.
    Only one other United States institution, the Belfer Center for
    Science and International Affairs at Harvard, received a zero rating.

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Posted in Uncategorized <http://electionlawblog.org/?cat=1>


    As Expected, Same Sex Marriage Opponents Rely on Affirmative Action
    Case to Make Argument to Leave Issues to Voters
    <http://electionlawblog.org/?p=61260>

Posted on May 6, 2014 8:10 pm <http://electionlawblog.org/?p=61260>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Following up on these pieces by Bill Rankin 
<http://electionlawblog.org/?p=60852>and Josh Gerstein 
<http://electionlawblog.org/?p=60771>, Lyle Denniston reports 
<http://www.scotusblog.com/2014/05/schuette-an-impact-on-same-sex-marriage/>:

    The Supreme Court's new display of respect for America's voters and
    their capacity to decide deeply controversial issues is being turned
    into a defense of state ballot measures banning same-sex marriage. 
    In two federal appeals courts, where three such bans are now under
    review, attorneys defending the bans have sought to take advantage
    of the Justices' April 22 decision in /Schuette v. Coalition to
    Defend Affirmative Action/
    <http://www.bloomberglaw.com/public/document/Schuette_v_Coal_to_Defend_Affirmative_Action_Integration__Immigra>.

    After years of court battles over same-sex marriage, most of the
    arguments on both sides have become familiar.  The /Schuette/
    decision, however, is being interpreted as strong reinforcement by
    the Supreme Court of the right of voters in nearly three dozen
    states to decide who may marry in their state.  That approach
    appears to be designed mainly to answer the argument that voters
    approved same-sex marriage bans out of hostility, or "animus,"
    toward homosexuals....

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Posted in direct democracy <http://electionlawblog.org/?cat=62>, Supreme 
Court <http://electionlawblog.org/?cat=29>


    "Chicago Democracy Week Found to Increase Voter Turnout of 17,
    18-Year Olds" <http://electionlawblog.org/?p=61258>

Posted on May 6, 2014 7:31 pm <http://electionlawblog.org/?p=61258>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Press release <http://www.clccrul.org/node/35702>:

    Chicago Lawyers' Committee for Civil Rights Under Law, Inc.,
    alongside a coalition of voting rights groups, announced more than
    6,000 CPS students and over 3,500 17-year olds in Suburban Cook
    County were registered as part of the first annual Chicago Democracy
    Week (2/3/14-2/7/14)  -- leading to a record voter turnout in the
    March Primary among young voters.

    The registration totals are part of a report released today, "Voting
    Early and Often: An Evaluation of Chicago Democracy Week 2014,"
    <http://www.clccrul.org/storage/10397/u19041/CDW_2014_Evaluation_Report_FINAL1.pdf>
      the culmination of a week-long effort to expand voter registration
      among younger voters led by Chicago Board of Election
    Commissioners, the Cook County Clerk, the Chicago Lawyers' Committee
    for Civil Rights under Law, Inc., Chicago Votes, Constitutional
    Rights Foundation Chicago, Mikva Challenge, Rainbow PUSH Coalition,
    Rock the Vote, and the League of Women Voters of Chicago.

    While Chicago Democracy Week's principal aim was to register 17-year
    olds to vote, the report finds that the turnout of those who
    registered surpassed that of 19-45 year old voters for the first
    time in history.  The turnout of CPS students at the March Primary
    was 12.0%.  This is slightly higher than the average Chicago turnout
    of 11.9%, breaking a decades long trend of young voters (18-25 year
    olds) turning out at around half the rate of all other voters.

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Posted in voter registration <http://electionlawblog.org/?cat=37>


    Ninth Circuit Rejects Challenge by 27-Year-Old Candidate Who Wants
    to Run For President <http://electionlawblog.org/?p=61256>

Posted on May 6, 2014 7:23 pm <http://electionlawblog.org/?p=61256>by 
Rick Hasen <http://electionlawblog.org/?author=3>

What's not to like 
<http://cdn.ca9.uscourts.gov/datastore/opinions/2014/05/06/13-15085.pdf>with 
a Stephen Colbert reference in a Judge Kozinski opinion?

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


    "Is the Voting Rights Act making a comeback?"
    <http://electionlawblog.org/?p=61254>

Posted on May 6, 2014 2:41 pm <http://electionlawblog.org/?p=61254>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Zack Roth reports 
<http://www.msnbc.com/msnbc/comeback-the-voting-rights-act> for MSNBC.

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Posted in The Voting Wars <http://electionlawblog.org/?cat=60>, Voting 
Rights Act <http://electionlawblog.org/?cat=15>


    "As States Vote In Primaries, Voter ID Laws Come Under Scrutiny"
    <http://electionlawblog.org/?p=61252>

Posted on May 6, 2014 2:38 pm <http://electionlawblog.org/?p=61252>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Pam Fessler reports 
<http://www.npr.org/blogs/codeswitch/2014/05/06/309815487/as-states-vote-in-primaries-voter-id-laws-come-under-scrutiny> 
for NPR.

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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>


    "Did Soft Money Ban Kill Political Parties?"
    <http://electionlawblog.org/?p=61250>

Posted on May 6, 2014 1:05 pm <http://electionlawblog.org/?p=61250>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Eliza Newlin Carney reports 
<http://blogs.rollcall.com/beltway-insiders/did-soft-money-ban-kill-political-parties/?dcz=>.

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


    "Watchdog Groups Again Call on IRS to Deny Crossroads GPS Tax-Exempt
    Status as 501(c)(4) Group" <http://electionlawblog.org/?p=61248>

Posted on May 6, 2014 11:15 am <http://electionlawblog.org/?p=61248>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Press release 
<http://www.democracy21.org/money-in-politics/letters-to-the-irs/watchdog-groups-again-call-on-irs-to-deny-crossroads-gps-tax-exempt-status-as-501c4-group/>.

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


    "Viewpoints: Top-two primary system is eliminating diverse political
    expression" <http://electionlawblog.org/?p=61246>

Posted on May 6, 2014 11:14 am <http://electionlawblog.org/?p=61246>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Michael Feinstein 
<http://www.sacbee.com/2014/05/06/6380742/viewpoints-top-two-primary-system.html> 
SacBee oped.

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Posted in ballot access <http://electionlawblog.org/?cat=46>, political 
parties <http://electionlawblog.org/?cat=25>, primaries 
<http://electionlawblog.org/?cat=32>


    "Voting Rights Act fixes should get a vote in the House and Senate"
    <http://electionlawblog.org/?p=61244>

Posted on May 6, 2014 11:04 am <http://electionlawblog.org/?p=61244>by 
Rick Hasen <http://electionlawblog.org/?author=3>

WaPo editorial 
<http://www.washingtonpost.com/opinions/voting-rights-act-fixes-should-get-a-vote-in-the-house-and-senate/2014/05/05/930b8c64-d493-11e3-aae8-c2d44bd79778_story.html>supports 
VRAA.

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


    Michael McDonald to the University of Florida
    <http://electionlawblog.org/?p=61242>

Posted on May 6, 2014 8:49 am <http://electionlawblog.org/?p=61242>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Big gain <https://twitter.com/ElectProject/status/463430680824016896> 
for them. Congratulations Michael!

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Posted in election law biz <http://electionlawblog.org/?cat=51>

-- 
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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