[EL] ELB News and Commentary 5/15/14
Rick Hasen
rhasen at law.uci.edu
Wed May 14 20:50:34 PDT 2014
The "Greatest Get-Out-the-Vote Video Ever Made" is NSFW
<http://electionlawblog.org/?p=61506>
Posted on May 14, 2014 8:47 pm <http://electionlawblog.org/?p=61506>by
Rick Hasen <http://electionlawblog.org/?author=3>
and it's Danish
<http://blog.foreignpolicy.com/posts/2014/05/14/this_is_the_greatest_get_out_the_vote_video_ever_made>!
A must watch.
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Posted in election law "humor" <http://electionlawblog.org/?cat=52>
"Voter ID Still Means Voter Suppression"
<http://electionlawblog.org/?p=61504>
Posted on May 14, 2014 8:33 pm <http://electionlawblog.org/?p=61504>by
Rick Hasen <http://electionlawblog.org/?author=3>
Jonathan Bernstein blogs.
<http://www.bloombergview.com/articles/2014-05-14/voter-id-still-means-voter-suppression>
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Posted in The Voting Wars <http://electionlawblog.org/?cat=60>, voter id
<http://electionlawblog.org/?cat=9>
"Foreign countries and dollar diplomacy"
<http://electionlawblog.org/?p=61502>
Posted on May 14, 2014 8:18 pm <http://electionlawblog.org/?p=61502>by
Rick Hasen <http://electionlawblog.org/?author=3>
Al Kamen
<http://www.washingtonpost.com/politics/foreign-countries-and-dollar-diplomacy/2014/05/14/c66eb6be-db94-11e3-bda1-9b46b2066796_story.html>:
"Based on what is publicly reported, foreign governments spent millions
in 2013 to develop relationships in the United States with members of
Congress, federal agencies and even members of the news media, according
to an analysis from the ever-informative Sunlight Foundation."
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Posted in lobbying <http://electionlawblog.org/?cat=28>
Watch "The State of Voting Rights in America"
<http://electionlawblog.org/?p=61496>
Posted on May 14, 2014 8:07 pm <http://electionlawblog.org/?p=61496>by
Rick Hasen <http://electionlawblog.org/?author=3>
The Institute of Politics at the University of Chicago has posted video
<http://www.youtube.com/watch?v=rF0Js6mZ8mc> of tonight's event
<http://politics.uchicago.edu/news/entry/watch-the-state-of-voting-rights-in-america>,
which was great fun:
WATCH: The State of Voting Rights in America
May 15, 2014
By IOP Staff
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Is President Obama correct when he says, "the right to vote is
threatened today in a way that it has not been since the Voting
Rights Act became law nearly five decades ago"? The Institute of
Politics welcomes a panel of leading experts, analysts, and
advocates to look at these key questions: How have voting rights
evolved over the past 50 years? What is the impact of last year's
Supreme Court ruling regarding the Voting Rights Act of 1965? And
what is the status of the current bipartisan legislation in Congress?
Panelists include Myrna Perez, Deputy Director at The Brennan Center
for Justice, Roger Clegg, President and General Counsel at The
Center for Equal Opportunity, Richard Hasen, Professor of Law and
Political Science at the University of California-Irvine, and Tanya
Clay House, Public Policy Director at the Lawyers' Committee for
Civil Rights Under Law. The discussion was moderated by The New
Yorker's Jeffrey Toobin.
This event was presented in partnership with the Center for the
Study of Race, Politics & Culture, and made possible by the generous
support of the Joyce Foundation.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>, Voting Rights Act
<http://electionlawblog.org/?cat=15>
"Presidential Commission on Election Administration Symposium Monday
in Chicago" <http://electionlawblog.org/?p=61494>
Posted on May 14, 2014 7:24 pm <http://electionlawblog.org/?p=61494>by
Rick Hasen <http://electionlawblog.org/?author=3>
After tonight's great event at the University of Chicago's Institute of
Politics on the State of Voting in America (I will post a webcast link
when available), Monday brings this big symposium
<http://politics.uchicago.edu/news/entry/upcoming-symposium-on-reform-recommendations-election-commission>
on the Bauer-Ginsberg Commission.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
PCEA (Bauer-Ginsberg Commission) <http://electionlawblog.org/?cat=79>
"Wisconsin seeks stay as it appeals voter ID case"
<http://electionlawblog.org/?p=61492>
Posted on May 14, 2014 7:14 pm <http://electionlawblog.org/?p=61492>by
Rick Hasen <http://electionlawblog.org/?author=3>
Bloomberg reports.
<http://politicsinminnesota.com/2014/05/wisconsin-seeks-stay-as-it-appeals-voter-id-case/>
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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>
"Arkansas court says judge went too far on voter ID"
<http://electionlawblog.org/?p=61490>
Posted on May 14, 2014 7:12 pm <http://electionlawblog.org/?p=61490>by
Rick Hasen <http://electionlawblog.org/?author=3>
AP
<http://news.yahoo.com/arkansas-court-says-judge-went-too-far-voter-195006596.html?.tsrc=tmobustoday>:
"The Arkansas Supreme Court tossed out a judge's ruling striking down
the state's voter ID law on Wednesday, but stopped short of ruling on
the constitutionality of the measure.,,,Justices said Fox didn't have
the authority to strike down the law in the case focusing on absentee
ballots. They noted that there was no request before Fox in the case to
strike down the law."
(h/t BradBlog <http://t.co/5fHX1YXAMC>.)
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Posted in election administration <http://electionlawblog.org/?cat=18>,
voter id <http://electionlawblog.org/?cat=9>
"Federal court strikes down state rule on political issue ads"
<http://electionlawblog.org/?p=61487>
Posted on May 14, 2014 7:10 pm <http://electionlawblog.org/?p=61487>by
Rick Hasen <http://electionlawblog.org/?author=3>
Milwaukee Journal-Sentinel
<http://www.jsonline.com/news/statepolitics/federal-court-strikes-down-state-rule-on-political-issue-ads-b99270594z1-259295721.html>:
A federal appeals court has struck down state rules regulating
campaign-style issue ads, but the practical impact of the decision
is blunted because the rules had already been sidelined by another
lawsuit 3 1/2 years ago.
Wednesday's decision by the U.S. 7th Circuit Court of Appeals in
Chicago likely ends a legal battle that has played out in state and
federal court since 2010. It began when the state Government
Accountability Board was sued for seeking to regulate ads that
weighed in on issues and candidates in the run-up to an election
without expressly advocating for the defeat or victory of the candidates
I have posted the 88-page unanimous 7th Circuit decision at this link
<http://electionlawblog.org/wp-content/uploads/86-Decision.pdf>. I have
not had a chance to read it carefully yet but I do see that it relies on
the stricter "exacting scrutiny" for contribution limits set forth in
/McCutcheon./
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"The Next Rule: Pay-to-Play, Municipal Advisors, and McCutcheon"
<http://electionlawblog.org/?p=61485>
Posted on May 14, 2014 6:58 pm <http://electionlawblog.org/?p=61485>by
Rick Hasen <http://electionlawblog.org/?author=3>
Jason Abel and Scott Sinder analyze
<http://www.steptoe.com/publications-9593.html>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"New Front Opens in Voter-Law Battles; Operatives in Both Parties
Step Up Efforts to Elect Secretaries of State, Who Supervise
Election Rules " <http://electionlawblog.org/?p=61483>
Posted on May 14, 2014 6:56 pm <http://electionlawblog.org/?p=61483>by
Rick Hasen <http://electionlawblog.org/?author=3>
WSJ reports
<http://online.wsj.com/news/articles/SB10001424052702304908304579562291859114408>.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
The Voting Wars <http://electionlawblog.org/?cat=60>
Jon Stewart Skewers Sen. Reid for Going After Koch Bros. But Not
Sheldon Adelson <http://electionlawblog.org/?p=61478>
Posted on May 14, 2014 11:31 am <http://electionlawblog.org/?p=61478>by
Rick Hasen <http://electionlawblog.org/?author=3>
Watch.
<http://thedailyshow.cc.com/videos/y26nkz/harry-reid-takes-on-the-koch-brothers>
Update
<http://www.buzzfeed.com/johnstanton/harry-reid-backs-constitutional-amendment-to-limit-koch-brot>:
Reid responds to criticism in BuzzFeed interview, in which he also
supports a constitutional amendment on campaign finance. Money quote: I
felt so clean and pure with McCain-Feingold, which had come into being,
it was wonderful. We were back where we should have been."
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
election law "humor" <http://electionlawblog.org/?cat=52>
Stephen Spaulding on Stalled EAC Nominations
<http://electionlawblog.org/?p=61476>
Posted on May 14, 2014 11:29 am <http://electionlawblog.org/?p=61476>by
Rick Hasen <http://electionlawblog.org/?author=3>
Here,
<http://thehill.com/blogs/congress-blog/politics/205991-senate-gridlock-and-voting>
at /The Hill/'s Congress Blog.
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Posted in election administration <http://electionlawblog.org/?cat=18>,
Election Assistance Commission <http://electionlawblog.org/?cat=34>,
political polarization <http://electionlawblog.org/?cat=68>, The Voting
Wars <http://electionlawblog.org/?cat=60>
"'John Doe' and the Criminal Enforcement Strategy"
<http://electionlawblog.org/?p=61474>
Posted on May 14, 2014 9:47 am <http://electionlawblog.org/?p=61474>by
Rick Hasen <http://electionlawblog.org/?author=3>
Bob Bauer is skeptical
<http://www.moresoftmoneyhardlaw.com/2014/05/john-doe-criminal-enforcement-strategy/>
of the investigation, even if doesn't buy into all of Judge Randa's
rhetoric.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>,
chicanery <http://electionlawblog.org/?cat=12>
"Legal Center, Connecticut Watchdogs, File in Defense of State's
Post-Citizens United Campaign Finance Reforms"
<http://electionlawblog.org/?p=61472>
Posted on May 14, 2014 9:46 am <http://electionlawblog.org/?p=61472>by
Rick Hasen <http://electionlawblog.org/?author=3>
Press release
<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=2472:may-14-2014-legal-center-connecticut-watchdogs-file-in-defense-of-states-post-citizens-united-campaign-finance-reforms-&catid=63:legal-center-press-releases&Itemid=61>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
"FAN 15 (First Amendment News) --- Free Speech & Judicial Elections:
The Return of Kaus' Crocodile" <http://electionlawblog.org/?p=61470>
Posted on May 14, 2014 9:45 am <http://electionlawblog.org/?p=61470>by
Rick Hasen <http://electionlawblog.org/?author=3>
Ron Collins blogs
<http://www.concurringopinions.com/archives/2014/05/fan-15-first-amendment-news-free-speech-judicial-elections-the-return-of-kaus-crocodile.html>.
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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>
"How PAC Spending Stays Secret" <http://electionlawblog.org/?p=61468>
Posted on May 14, 2014 9:42 am <http://electionlawblog.org/?p=61468>by
Rick Hasen <http://electionlawblog.org/?author=3>
NYT's The Upshotreports
<http://www.nytimes.com/2014/05/14/upshot/how-pac-spending-stays-secret.html?_r=0>.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>
Streckfus Respond's to Caron's "The Media Ignore IRS Scandal"
<http://electionlawblog.org/?p=61465>
Posted on May 14, 2014 9:32 am <http://electionlawblog.org/?p=61465>by
Rick Hasen <http://electionlawblog.org/?author=3>
Paul Streckfus of the /EO Tax Journal /
<http://eotaxjournal.com/eotj/>has written a response to Paul Caron's
/USA Today /oped
<http://www.usatoday.com/story/opinion/2014/05/12/president-obama-irs-scandal-watergate-column/8968317/>
which I linked to <http://electionlawblog.org/?p=61435>yesterday. It is
reprinted below with permission.
*1 -- Professor Calls for Immunity for Lois Lerner in Exchange for
Her Testimony*
Pepperdine Law Professor Paul Caron, editor of the influential
TaxProfBlog, had an opinion article in USA TODAY on Monday titled
"The Media Ignore IRS Scandal."
He says "We need to get to the bottom of [the IRS scandal] by giving
Lois Lerner full immunity in exchange for her testimony." I agree,
but why now? That should have been done months ago.
He says "The timeline of the Internal Revenue Service targeting of
conservative groups reveals nothing less than a scandal." Well, I
guess it depends on how you define a scandal. The evidence to date
shows mostly dysfunction and incompetence.
He says "the press has been far from curious" about the scandal.
Maybe the press realized there was little evidence of a scandal
here. "IRS Inept" isn't really news.
He says a stupid joke by Obama in 2009 was actually "a 'dog whistle'
intended to declare open season on the president's political
opponents." A little paranoid, perhaps?
He intimates that everything that has happened since Citizens
United demonstrates evidence of the brewing scandal.
He intimates that IRS Commissioner Douglas Shulman, appointed by
George W. Bush, resigned because of the scandal. Actually, his
five-year term was running out.
He intimates that if Obama had been a Republican, we would be having
"aggressive reporting by the media and thorough investigations by
the FBI, Justice Department and a Senate Select Committee." Instead,
he says "Today's news media are largely ignoring the IRS scandal,
and it is impossible to have confidence in the current
investigations by the FBI, Justice Department, and House committee."
He doesn't say what House committee he is referring to, but the
House is controlled by Republicans, and both the House Oversight
Committee and the House Ways and Means Committee have had numerous
hearings and have been engaged in extensive investigation of the
IRS. To date even congressional Tea Partiers such as Jim Jordan
(R-Ohio) have come up with nothing to link the Obama Administration
with the "scandal."
I find it highly unlikely that if Lois Lerner ever testifies she
will say anything we don't already know. Sure, Obama shouldn't have
said there was "not even a smidgen of corruption" before the
investigations were complete, and the Justice Department should not
have appointed an Obama supporter to its investigation, but as far
as proving a scandal directed by the White House, those making the
charge are down to their last strike in the bottom of the ninth.
Professor Caron concludes his essay by saying Lois Lerner should be
given "full immunity from prosecution in exchange for her testimony.
And then let the chips fall where they may." I say the chips have
already fallen. From all we have learned over the past year, I am
confident that Lois Lerner has nothing to add. It really was
dysfunction and incompetence, two conditions very common in
Washington, D.C.
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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
and election law <http://electionlawblog.org/?cat=22>
--
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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