[EL] The terror of James O'Keefe
Benjamin Barr
benjamin.barr at gmail.com
Mon Nov 3 18:18:08 PST 2014
Justin,
Certainly the Daily Mail is free to draw its own conclusions based upon the
fine work of Project Veritas Action and James O'Keefe. James is simply
providing a positive resource by showing examples of illustrated problems
in the system. Perhaps this is less a question of frequency and more a
question about the principles underlying the system, including voting
integrity.
Forward,
Benjamin Barr
On Mon, Nov 3, 2014 at 8:52 PM, Justin Levitt <levittj at lls.edu> wrote:
> It's a shame the Daily Mail missed the point. They seemed to be focused
> on a public policy outcome that would purportedly address the alleged
> problem. They didn't seem to understand that the only point is to show how
> easy certain actions could be.
>
> I look forward to Mr. O'Keefe's new videos in Texas, walking into polling
> places with fake photo IDs to request other people's ballots (or pretending
> to request absentee ballots in someone else's name). After all, he's got
> access to the inactive list there too, right? And surely a filmmaker of
> his skill has access to a color printer and a laminating machine. After
> all, the point is simply to show just how easy certain actions _could_ be
> -- not to make any point about their real-world frequency.
>
> Justin
>
>
>
> *Benjamin Barr* benjamin.barr at gmail.com
> <law-election%40department-lists.uci.edu?Subject=Re%3A%20%5BEL%5D%20The%20terror%20of%20James%20O%27Keefe&In-Reply-To=%3CCA%2ByObKcR8OA7OqeDj1t81%3DzV5gSuFK_EFBXMPMenj_MRQ15Kkw%40mail.gmail.com%3E>
> *Mon Nov 3 12:30:20 PST 2014*
> ------------------------------
>
> And for those who might have missed it, part two of our investigation in
> North Carolina was featured on the Daily Mail today:http://www.dailymail.co.uk/news/article-2818443/James-O-Keefe-s-video-shows-North-Carolina-poll-workers-offering-ballots.html <http://www.dailymail.co.uk/news/article-2818443/James-O-Keefe-s-video-shows-North-Carolina-poll-workers-offering-ballots.html.>
>
>
> On Oct 31, 2014, at 3:04 PM, Justin Levitt <levittj at lls.edu> wrote:
>
> "The point, of course, is simply to show just how easy certain actions
> could be."
>
> Really? If that's really it, I don't know why anyone's paying attention.
> Or, conversely, if what really matters is how easy crime *could* be, I
> don't know why we aren't all utterly paralyzed by fear all the time. A
> search on YouTube for "how to make a homemade bomb" yields 220,000 hits.
> There are hundreds of glass windows at street level on my home street
> alone, and all I'd have to do to show how easy it *could* be to execute a
> home invasion is walk down the street with a video camera recording my
> neighbors leaving for work and leaving their houses empty. And we don't
> need to go straight to the monstrous: all I'd have to do to show how easy
> it *could* be to litter is film myself leaving the house with a piece of
> paper.
>
> We are, none of us, safe from potential hypothetical crimes that
> sociopaths *could* perpetrate. We rely on different tools -- some
> mechanical, some procedural, some legal, some sociological -- to bridge the
> difference between the potential for crime and actual crime. And part of
> the thoughtful debate around these issues in the election context is an
> attempt to assess whether various tools to get from here to there are worth
> implementing, or whether their costs are larger than their benefits.
>
> O'Keefe's videos are provocative precisely because they attempt to weigh
> in on that latter conversation. Which means that they purport, perhaps by
> implication, to show more than just how easy fraud could be.
>
> And furthermore, they purport to be representative. You did it yourself:
> "I found James' recent piece helpful in illustrating *prevailing*
> attitudes about voting held by campaign workers." Unless I know that the
> campaign workers he approached are randomly selected, and that the pieces
> aren't selectively edited, there's absolutely nothing that tells me that
> the latest piece is helpful in illustrating a prevailing attitude about
> anything. The logical leap from what could be to what is, and from a few
> examples to "prevailing" attitudes, is deeply flawed ... but an easy mental
> shortcut. Which seems like exactly what O'Keefe wants.
>
> Justin
>
> --
> Justin Levitt
> Professor of Law
> Loyola Law School | Los Angeles
> 919 Albany St.
> Los Angeles, CA 90015213-736-7417justin.levitt at lls.edussrn.com/author=698321
>
> On 10/31/2014 11:12 AM, Benjamin Barr wrote:
>
> Brad,
>
> Thanks for your thoughts on this. Since I represent James, Project
> Veritas, and Project Veritas Action, I thought I'd chime in.
>
> It's a funny and predictable dance that occurs whenever James O'Keefe
> illustrates the problems and potential of voter fraud. Those opposing the
> notion that voter fraud might ever exist jump up and down pushing the point
> that since James himself did not carry out voter fraud his projects are
> worthless. Of course, that's a legal impossibility. James cannot follow
> through on any of the investigations he does and has to be very careful and
> circumscribed in how he operates to be in compliance with arcane,
> conflicting, and complex federal and state election law and privacy law
> provisions. We have to turn away many leads we get from concerned citizens
> and concepts generated in-house due to this. The point, of course, is
> simply to show just how easy certain actions could be.
>
> As for Lorraine's point, to the best I understand it, James did not
> target "poor people and minority people, and now 'Democrat' people." He
> spoke to both Republicans and Democrats. I don't know how rich or poor the
> people were. There were a mix of races talked to. He illustrated that
> campaign workers and volunteers are either ignorant of the law or
> purposefully turning a blind eye. We've also focused our work in the past
> across the ideological spectrum, with investigations targeting candidates
> or incumbents from both parties. Its aim is not to grow hysteria, but to
> show perceived problems with the system, test them, and report that to the
> public. Audience members are then trusted to make their own reasoned
> judgment based on these investigations.
>
> I found James' recent piece helpful in illustrating prevailing attitudes
> about voting held by campaign workers who should take these issues
> seriously, perhaps more seriously than Little League. And for those biting
> at the bit, we'll have a follow up piece about North Carolina this coming
> week.
>
> Forward,
>
> Benjamin Barr
>
>
>
> On Fri, Oct 31, 2014 at 11:52 AM, Smith, Brad <BSmith at law.capital.edu>
> wrote:
>
>> With a close election, it was inevitable that conservative filmmaker
>> James O’Keefe would bring his hidden cameras and actors to North Carolina.
>>
>> His goal here: Prove that political campaigns are OK with non-citizens
>> voting in the election. In his new video, a woman poses as a Brazilian-born
>> immigrant who asks campaign volunteers outside early voting sites if she
>> can vote.
>>
>> She admits to being in the country illegally but says she has a voter
>> registration card. O’Keefe’s premise is riffing off a State Board of
>> Elections audit that found 1,425 registered voters who are likely
>> non-citizens
>> <http://www.charlotteobserver.com/2014/10/25/5266093/hundreds-flagged-in-audit-of-nc.html>
>> .
>>
>> O’Keefe didn’t get anyone with major campaigns to take the bait, nor does
>> the video show any poll workers allowing noncitizens to vote. He also
>> doesn’t show anyone in the Triangle, although the video does show O’Keefe
>> entering a Durham County early voting site.
>>
>> It seems to me we don't know if "O'Keefe didn't get anyone with major
>> campaigns to take the bait." That's probably a safe assumption, because if
>> he had he probably would have shown them on camera. But we don't know that,
>> or know if he even tried. Of course, that's a problem with this style of
>> journalism generally - we don't know if the first 200 attempts failed to
>> entice anyone, or if he filmed the first 5 campaign workers he ran into.
>> Probably somewhere in between?
>>
>> It seems irrelevant that he didn't get any video of poll workers
>> allowing noncitizens to vote. First, my guess is that it is illegal in NC
>> to video at the polls. Second, how would he have done this? His reporters
>> would have had to commit a crime by trying to vote in the name of another.
>> The reporter goes out of his way to note that O'Keefe pled guilty to
>> entering a federal building under false pretenses in 2010, so maybe we
>> should appreciate that O'Keefe is being more careful about following the
>> law in making his videos. And of course the presumption - the entire set up
>> - is that the illegal voter has a voter registration card and an ID, so
>> presumably the poll worker would allow the person to vote and no one would
>> be the wiser. But how often is this the case? This tells us little or
>> nothing about the magnitude of fraud.
>>
>> One thing that the video does show is a rather casual attitude by many
>> campaign workers to illegal voting. This certainly does not reflect well on
>> those workers or on politicians generally. It is interesting that he finds
>> a Republican campaign worker who also suggests the non-citizen voting is
>> fine, though this worker for a Republican candidate for Sheriff is asked
>> about the reporter trying to vote for Democratic US Senate candidate Kay
>> Hagan. Another is the campaign of David Kelly, running for a non-partisan
>> office with the endorsement of the current county prosecutor, a Republican.
>> (Don't know Kelly's party). I wonder (and doubt) if O'Keefe tried
>> Republicans with a claimed desire to vote for GOP Senate candidate Tillis).
>> But we might give O'Keefe some credit here - he doesn't appear to have only
>> singled out Democrats.
>>
>> I make of this exactly what I think it shows: it doesn't show voter
>> fraud, it doesn't even show potential for voter fraud, but it does show
>> that at least some campaign workers have a remarkably casual attitude
>> toward voter fraud. Whether that's worth all the effort to get these
>> videos, and the resulting hullabaloo, I have my doubts, but it is
>> interesting that apparently a fair number of partisans are comfortable with
>> fraud that supports their favored candidates.
>>
>> *Bradley A. Smith*
>>
>> *Josiah H. Blackmore II/Shirley M. Nault*
>>
>> * Professor of Law*
>>
>> *Capital University Law School*
>>
>> *303 E. Broad St.*
>>
>> *Columbus, OH 43215*
>>
>> *614.236.6317 <614.236.6317>*
>>
>> *http://law.capital.edu/faculty/bios/bsmith.aspx
>> <http://law.capital.edu/faculty/bios/bsmith.aspx>*
>> ------------------------------
>> *From:* law-election-bounces at department-lists.uci.edu [
>> law-election-bounces at department-lists.uci.edu] on behalf of Rick Hasen [
>> rhasen at law.uci.edu]
>> *Sent:* Friday, October 31, 2014 11:17 AM
>> *To:* law-election at department-lists.uci.edu
>> *Subject:* Re: [EL] ELB News and Commentary 10/31/14
>>
>> Corrected link for Florida recount story:
>>
>>
>> http://www.politicalfixflorida.com/2014/10/29/heres-how-florida-would-handle-a-recount/
>>
>>
>> On 10/31/14, 8:10 AM, Rick Hasen wrote:
>>
>> “Democratic Donors Prepare for Disappointment”
>> <http://electionlawblog.org/?p=67725>
>> Posted on October 31, 2014 8:08 am <http://electionlawblog.org/?p=67725>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> Ken Vogel writes
>> <http://www.politico.com/story/2014/10/democratic-donors-prepare-for-disappointment-112371.html#.VFOlXF33iDE.twitter>
>> for Politico.
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67725&title=%E2%80%9CDemocratic%20Donors%20Prepare%20for%20Disappointment%E2%80%9D&description=>
>> Posted in campaign finance <http://electionlawblog.org/?cat=10>,
>> campaigns <http://electionlawblog.org/?cat=59>
>> “Is It Voter Fraud or Voter Suppression in 2014?”
>> <http://electionlawblog.org/?p=67723>
>> Posted on October 31, 2014 8:01 am <http://electionlawblog.org/?p=67723>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> Jake Flanagin
>> <http://op-talk.blogs.nytimes.com/2014/10/31/voter-suppression-strikes-back-in-2014/>for
>> NYT Op Talk.
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67723&title=%E2%80%9CIs%20It%20Voter%20Fraud%20or%20Voter%20Suppression%20in%202014%3F%E2%80%9D&description=>
>> Posted in election administration <http://electionlawblog.org/?cat=18>, The
>> Voting Wars <http://electionlawblog.org/?cat=60>
>> “Leading Hispanic Civil Rights Group To Fox News: Encouraging Americans
>> To Vote Is Not ‘Voter Fraud’” <http://electionlawblog.org/?p=67721>
>> Posted on October 31, 2014 7:59 am <http://electionlawblog.org/?p=67721>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> Media Matters
>> <http://mediamatters.org/blog/2014/10/30/leading-hispanic-civil-rights-group-to-fox-news/201393>
>> .
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67721&title=%E2%80%9CLeading%20Hispanic%20Civil%20Rights%20Group%20To%20Fox%20News%3A%20Encouraging%20Americans%20To%20Vote%20Is%20Not%20%E2%80%98Voter%20Fraud%E2%80%99%E2%80%9D&description=>
>> Posted in election administration <http://electionlawblog.org/?cat=18>, fraudulent
>> fraud squad <http://electionlawblog.org/?cat=8>, The Voting Wars
>> <http://electionlawblog.org/?cat=60>
>> “Senate Democrats’ Super Lawyer Preps for Overtime”
>> <http://electionlawblog.org/?p=67719>
>> Posted on October 31, 2014 7:58 am <http://electionlawblog.org/?p=67719>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> Nice Roll Call Marc Elias profile
>> <http://atr.rollcall.com/marc-elias-always-preparing-for-democrats-next-big-recount/?dcz=>
>> .
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67719&title=%E2%80%9CSenate%20Democrats%E2%80%99%20Super%20Lawyer%20Preps%20for%20Overtime%E2%80%9D&description=>
>> Posted in election law biz <http://electionlawblog.org/?cat=51>,
>> recounts <http://electionlawblog.org/?cat=50>
>> “State Attorney General Candidates Cite Concerns Over Political Donations”
>> <http://electionlawblog.org/?p=67717>
>> Posted on October 31, 2014 7:56 am <http://electionlawblog.org/?p=67717>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> NYT reports
>> <http://www.nytimes.com/2014/11/01/us/politics/attorney-generals-political-donations-eric-schneiderman-john-cahill.html?ref=politics>
>> .
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67717&title=%E2%80%9CState%20Attorney%20General%20Candidates%20Cite%20Concerns%20Over%20Political%20Donations%E2%80%9D&description=>
>> Posted in campaign finance <http://electionlawblog.org/?cat=10>,
>> campaigns <http://electionlawblog.org/?cat=59>
>> “Campaigning to Extend, Or End, One Party Rule”
>> <http://electionlawblog.org/?p=67715>
>> Posted on October 31, 2014 7:55 am <http://electionlawblog.org/?p=67715>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> NYT reports.
>> <http://www.nytimes.com/2014/10/31/us/politics/campaigning-to-extend-or-end-one-party-rule-.html?ref=politics>
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67715&title=%E2%80%9CCampaigning%20to%20Extend%2C%20Or%20End%2C%20One%20Party%20Rule%E2%80%9D&description=>
>> Posted in campaigns <http://electionlawblog.org/?cat=59>, political
>> parties <http://electionlawblog.org/?cat=25>
>> “Undercover conservative filmmaker James O’Keefe releases video in NC”
>> <http://electionlawblog.org/?p=67713>
>> Posted on October 31, 2014 7:52 am <http://electionlawblog.org/?p=67713>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> News and Observer
>> <http://www.newsobserver.com/2014/10/30/4278698_undercover-conservative-filmmaker.html?rh=1>
>> :
>>
>> With a close election, it was inevitable that conservative filmmaker
>> James O’Keefe would bring his hidden cameras and actors to North Carolina.
>>
>> His goal here: Prove that political campaigns are OK with non-citizens
>> voting in the election. In his new video, a woman poses as a Brazilian-born
>> immigrant who asks campaign volunteers outside early voting sites if she
>> can vote.
>>
>> She admits to being in the country illegally but says she has a voter
>> registration card. O’Keefe’s premise is riffing off a State Board of
>> Elections audit that found 1,425 registered voters who are likely
>> non-citizens
>> <http://www.charlotteobserver.com/2014/10/25/5266093/hundreds-flagged-in-audit-of-nc.html>
>> .
>>
>> O’Keefe didn’t get anyone with major campaigns to take the bait, nor does
>> the video show any poll workers allowing noncitizens to vote. He also
>> doesn’t show anyone in the Triangle, although the video does show O’Keefe
>> entering a Durham County early voting site.
>>
>> MORE from WRAL
>> <http://www.wral.com/conservative-activist-video-shows-campaigns-encouraging-illegal-votes/14131187/>
>> , ABC11
>> <http://abc11.com/news/conservative-activist-releases-hidden-camera-video-appearing-to-show-bad-voting-advice/373990/>
>> .
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67713&title=%E2%80%9CUndercover%20conservative%20filmmaker%20James%20O%E2%80%99Keefe%20releases%20video%20in%20NC%E2%80%9D&description=>
>> Posted in chicanery <http://electionlawblog.org/?cat=12>, election
>> administration <http://electionlawblog.org/?cat=18>, fraudulent fraud
>> squad <http://electionlawblog.org/?cat=8>, The Voting Wars
>> <http://electionlawblog.org/?cat=60>
>> New Voting Lawsuit in Ohio <http://electionlawblog.org/?p=67711>
>> Posted on October 31, 2014 7:48 am <http://electionlawblog.org/?p=67711>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> Release
>> <http://jurist.org/forum/2014/10/charles-rhodes-texas-voterid.php>: “–
>> Today, the Northeast Ohio Coalition for the Homeless, Columbus Coalition
>> for the Homeless, and Ohio Democratic Party—successful plaintiffs in
>> previous complaints to protect Ohioans’ voting rights—filed a proposed
>> Second Supplemental Complaint against Ohio Secretary of State Jon Husted
>> and Ohio Attorney General Mike DeWine asking U.S. District Judge Algenon
>> Marbley of the Southern District of Ohio to declare portions of Ohio
>> Substitute Senate Bills 205 (S.B. 205) and 216 (S.B. 216) invalid for
>> violating the federal Voting Rights Act and the Constitution, risking the
>> disenfranchisement of thousands of Ohio voters who may cast absentee or
>> provisional ballots, and intentionally making it more difficult for many
>> African-American, Latino, and Democractic-Party-member Ohioans to vote.”
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67711&title=New%20Voting%20Lawsuit%20in%20Ohio&description=>
>> Posted in election administration <http://electionlawblog.org/?cat=18>, The
>> Voting Wars <http://electionlawblog.org/?cat=60>
>> “State Constitutional First Principles in Challenging the Texas Voter
>> Photo Identification Law” <http://electionlawblog.org/?p=67709>
>> Posted on October 31, 2014 7:41 am <http://electionlawblog.org/?p=67709>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> Charles Rhodes
>> <http://jurist.org/forum/2014/10/charles-rhodes-texas-voterid.php> at
>> Jurist.
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67709&title=%E2%80%9CState%20Constitutional%20First%20Principles%20in%20Challenging%20the%20Texas%20Voter%20Photo%20Identification%20Law%E2%80%9D&description=>
>> Posted in election administration <http://electionlawblog.org/?cat=18>, Supreme
>> Court <http://electionlawblog.org/?cat=29>, The Voting Wars
>> <http://electionlawblog.org/?cat=60>, voter id
>> <http://electionlawblog.org/?cat=9>
>> “Here’s How Florida Would Handle a Recount”
>> <http://electionlawblog.org/?p=67706>
>> Posted on October 31, 2014 7:34 am <http://electionlawblog.org/?p=67706>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> Words
>> <http://electionlawblog.org/Here%E2%80%99s%20how%20Florida%20would%20handle%20a%20recount>
>> that make an election law professor (at least one as old as I am)
>> shudder.
>>
>> Related: Rick Scott, Charlie Crist ready to lawyer up if Florida recount
>> needed (w/video)
>> <http://www.tampabay.com/news/politics/stateroundup/the-nightmare-scenario-a-race-for-florida-governor-too-close-to-call/2204063>
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67706&title=%E2%80%9CHere%E2%80%99s%20How%20Florida%20Would%20Handle%20a%20Recount%E2%80%9D&description=>
>> Posted in election administration <http://electionlawblog.org/?cat=18>,
>> recounts <http://electionlawblog.org/?cat=50>, The Voting Wars
>> <http://electionlawblog.org/?cat=60>
>> “Against Residency Districts” <http://electionlawblog.org/?p=67704>
>> Posted on October 31, 2014 7:33 am <http://electionlawblog.org/?p=67704>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> Mike Pitts <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2513495>has
>> posted this draft on SSRN (forthcoming, *University of Chicago Legal
>> Forum*). Here is the abstract:
>>
>> This article argues against laws which mandate that candidates and
>> elected officials reside in a particular geographic area as a condition of
>> election or office-holding (i.e., residency requirements). The article
>> considers various rationales for residency requirements — some of which
>> have been endorsed by federal and state courts — and concludes that those
>> rationales by-and-large do not hold up under scrutiny. The article also
>> considers the costs of residency requirements and concludes that the costs
>> of such requirements outweigh any purported benefits. The article then
>> ponders why residency requirements have continued to exist despite weak
>> justifications for their use, and concludes that residency requirements
>> likely persist because they insulate incumbent partisans from electoral
>> competition. As such, a politics as markets approach might suggest the
>> elimination of residency requirements.
>>
>> Looking forward to reading this! This has been my position, but
>> obviously not (from me) based in a politics as markets approach.
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67704&title=%E2%80%9CAgainst%20Residency%20Districts%E2%80%9D&description=>
>> Posted in residency <http://electionlawblog.org/?cat=38>
>> “Wisconsin election board attorney asks federal judge to dismiss campaign
>> coordination lawsuit” <http://electionlawblog.org/?p=67702>
>> Posted on October 31, 2014 7:29 am <http://electionlawblog.org/?p=67702>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> AP reports. <http://www.startribune.com/politics/national/280980692.html>
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67702&title=%E2%80%9CWisconsin%20election%20board%20attorney%20asks%20federal%20judge%20to%20dismiss%20campaign%20coordination%20lawsuit%E2%80%9D&description=>
>> Posted in campaign finance <http://electionlawblog.org/?cat=10>
>> “At fast-growing Brookings, donors may have an impact on research agenda”
>> <http://electionlawblog.org/?p=67699>
>> Posted on October 31, 2014 7:25 am <http://electionlawblog.org/?p=67699>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> WaPo reports.
>> <http://www.washingtonpost.com/politics/at-fast-growing-brookings-donors-help-set-agenda/2014/10/30/a4ba4e8e-48ef-11e4-891d-713f052086a0_story.html?hpid=z1>
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67699&title=%E2%80%9CAt%20fast-growing%20Brookings%2C%20donors%20may%20have%20an%20impact%20on%20research%20agenda%E2%80%9D&description=>
>> Posted in lobbying <http://electionlawblog.org/?cat=28>
>> “They’re Not Allowed to Talk. But Candidates and PACs Are Brazenly
>> Communicating All the Time.” <http://electionlawblog.org/?p=67697>
>> Posted on October 31, 2014 7:23 am <http://electionlawblog.org/?p=67697>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> Key National Journal piece:
>> <http://www.nationaljournal.com/politics/they-re-not-allowed-to-talk-but-candidates-and-pacs-are-brazenly-communicating-all-the-time-20141030>
>>
>> The Tillis memo shows just how brazen politicians and their allies have
>> become. What started as vaguely outlining ad buys through the media and
>> posting minutes-long “B-roll” footage of a candidate on their website has
>> entered a new phase in which campaigns and parties offer insight into their
>> needs as if they were sitting in a boardroom personally explaining it to
>> the men and women who run outside groups.
>>
>> “Because we cannot coordinate, our campaign is often in the position of
>> reacting to things our allies do after they have done them,” Shaw wrote,
>> without irony, in the memo. His solution: opening up his own political
>> playbook and trying to indirectly call the plays for his allies.
>>
>>
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67697&title=%E2%80%9CThey%E2%80%99re%20Not%20Allowed%20to%20Talk.%20But%20Candidates%20and%20PACs%20Are%20Brazenly%20Communicating%20All%20the%20Time.%E2%80%9D&description=>
>> Posted in campaign finance <http://electionlawblog.org/?cat=10>,
>> campaigns <http://electionlawblog.org/?cat=59>
>> “Our View: Ranked-choice petition first step toward reform”
>> <http://electionlawblog.org/?p=67695>
>> Posted on October 31, 2014 7:18 am <http://electionlawblog.org/?p=67695>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> Portland Press Herald
>> <http://www.pressherald.com/2014/10/31/view-ranked-choice/> editorial.
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67695&title=%E2%80%9COur%20View%3A%20Ranked-choice%20petition%20first%20step%20toward%20reform%E2%80%9D&description=>
>> Posted in alternative voting systems
>> <http://electionlawblog.org/?cat=63>
>> “Distress Call? “Embattled” DC Board of Elections Under Close Scrutiny on
>> Election Day 2014″ <http://electionlawblog.org/?p=67693>
>> Posted on October 31, 2014 7:14 am <http://electionlawblog.org/?p=67693>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> A ChapinBlog.
>> <http://blog.lib.umn.edu/cspg/electionacademy/2014/10/distress_call_embattled_dc_boa.php>
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67693&title=%E2%80%9CDistress%20Call%3F%20%E2%80%9CEmbattled%E2%80%9D%20DC%20Board%20of%20Elections%20Under%20Close%20Scrutiny%20on%20Election%20Day%202014%E2%80%B3&description=>
>> Posted in election administration <http://electionlawblog.org/?cat=18>
>> “The FEC, the Internet Squabble and the February Hearing”
>> <http://electionlawblog.org/?p=67691>
>> Posted on October 31, 2014 7:13 am <http://electionlawblog.org/?p=67691>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> Bauer blogs.
>> <http://www.moresoftmoneyhardlaw.com/2014/10/fec-internet-squabble-february-hearing/>
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67691&title=%E2%80%9CThe%20FEC%2C%20the%20Internet%20Squabble%20and%20the%20February%20Hearing%E2%80%9D&description=>
>> Posted in campaign finance <http://electionlawblog.org/?cat=10>
>> “Alaskans Furious Over ‘Vote-Shaming’ Letters Sent By Super PAC”
>> <http://electionlawblog.org/?p=67689>
>> Posted on October 31, 2014 7:11 am <http://electionlawblog.org/?p=67689>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> AP reports
>> <http://talkingpointsmemo.com/news/alaskans-vote-shaming-letters>.
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67689&title=%E2%80%9CAlaskans%20Furious%20Over%20%E2%80%98Vote-Shaming%E2%80%99%20Letters%20Sent%20By%20Super%20PAC%E2%80%9D&description=>
>> Posted in campaigns <http://electionlawblog.org/?cat=59>
>> “Investigators Probe Silicon Valley Link In Botched Voter Mailer
>> Experiment” <http://electionlawblog.org/?p=67687>
>> Posted on October 31, 2014 7:11 am <http://electionlawblog.org/?p=67687>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> TPM reports.
>> <http://talkingpointsmemo.com/dc/stanford-dartmouth-experiment-crowdpac>
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67687&title=%E2%80%9CInvestigators%20Probe%20Silicon%20Valley%20Link%20In%20Botched%20Voter%20Mailer%20Experiment%E2%80%9D&description=>
>> Posted in election law biz <http://electionlawblog.org/?cat=51>
>> “Substantial Majority of Small Business Owners Favor a Multi-Party System
>> for the U.S.” <http://electionlawblog.org/?p=67685>
>> Posted on October 30, 2014 3:38 pm <http://electionlawblog.org/?p=67685>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> BAN reports.
>> <http://www.ballot-access.org/2014/10/substantial-majority-of-small-business-owners-favor-a-multi-party-system-for-the-u-s/>
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67685&title=%E2%80%9CSubstantial%20Majority%20of%20Small%20Business%20Owners%20Favor%20a%20Multi-Party%20System%20for%20the%20U.S.%E2%80%9D&description=>
>> Posted in alternative voting systems
>> <http://electionlawblog.org/?cat=63>, political parties
>> <http://electionlawblog.org/?cat=25>, third parties
>> <http://electionlawblog.org/?cat=47>
>> “North Carolina Campaigns Prepare for Potential Recount”
>> <http://electionlawblog.org/?p=67683>
>> Posted on October 30, 2014 3:02 pm <http://electionlawblog.org/?p=67683>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> Roll Call:
>> <http://atr.rollcall.com/elections-2014-north-carolina-campaigns-prepare-for-potential-recount/>
>>
>> The competitive North Carolina Senate race will cost more than $100
>> million by Election Day, and that price tag could climb further as both
>> parties prepare to spend even more if the race becomes too close to call.
>>
>> The campaigns for both Sen. Kay Hagan, D-N.C., and Republican state
>> Speaker Thom Tillis confirmed to CQ Roll Call they are making preparations
>> in case of a recount in one of the country’s most competitive races. Recent
>> polls show a tied race, and this week the Rothenberg Political Report/Roll
>> Call moved the race to Tossup
>> <http://media.cq.com/pub/2013/race-ratings-rc/?pos=opol> this week from
>> Tilts Democratic.
>>
>> “It’d be kind of silly for us not to [prepare],” said Todd Poole, the
>> executive director of the North Carolina Republican Party.
>>
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67683&title=%E2%80%9CNorth%20Carolina%20Campaigns%20Prepare%20for%20Potential%20Recount%E2%80%9D&description=>
>> Posted in election administration <http://electionlawblog.org/?cat=18>,
>> recounts <http://electionlawblog.org/?cat=50>, The Voting Wars
>> <http://electionlawblog.org/?cat=60>
>> Read the Petition to South Carolina Supreme Court to Keep Election Going
>> in House Speaker’s District <http://electionlawblog.org/?p=67679>
>> Posted on October 30, 2014 2:41 pm <http://electionlawblog.org/?p=67679>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> The South Carolina state election commission had put the election on hold.
>>
>> Here is the Petition
>> <http://electionlawblog.org/wp-content/uploads/Appeal-to-SCSC-SLKNb.So_.74.pdf>
>> .
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67679&title=Read%20the%20Petition%20to%20South%20Carolina%20Supreme%20Court%20to%20Keep%20Election%20Going%20in%20House%20Speaker%E2%80%99s%20District&description=>
>> Posted in campaigns <http://electionlawblog.org/?cat=59>, election
>> administration <http://electionlawblog.org/?cat=18>
>> “New Voting Restrictions Could Swing the 2014 Election”
>> <http://electionlawblog.org/?p=67676>
>> Posted on October 30, 2014 2:15 pm <http://electionlawblog.org/?p=67676>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> Ari Berman writes
>> <http://www.thenation.com/blog/186849/new-voting-restrictions-could-swing-2014-election>
>> for The Nation.
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67676&title=%E2%80%9CNew%20Voting%20Restrictions%20Could%20Swing%20the%202014%20Election%E2%80%9D&description=>
>> Posted in election administration <http://electionlawblog.org/?cat=18>, The
>> Voting Wars <http://electionlawblog.org/?cat=60>
>> Must-Read Quote of the Day: Dark Money Edition
>> <http://electionlawblog.org/?p=67673>
>> Posted on October 30, 2014 2:12 pm <http://electionlawblog.org/?p=67673>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> ““People always ask me one question all the time: ‘How do I know that I
>> won’t be found out as a supporter of what you’re doing?’…We run all of this
>> stuff through nonprofit organizations that are insulated from having to
>> disclose donors. There is total anonymity. People don’t know who supports
>> us.”
>>
>> —Lobbyist Richard Berman,
>> <http://www.nytimes.com/2014/10/31/us/politics/pr-executives-western-energy-alliance-speech-taped.html?smid=tw-share&_r=0>
>> secretly recorded giving advice to oil and gas industry executives on
>> demonizing their opponents, as provided to Eric Lipton of the NYT.
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67673&title=Must-Read%20Quote%20of%20the%20Day%3A%20Dark%20Money%20Edition&description=>
>> Posted in campaign finance <http://electionlawblog.org/?cat=10>,
>> campaigns <http://electionlawblog.org/?cat=59>, chicanery
>> <http://electionlawblog.org/?cat=12>
>> Three Republican FEC Commissioners Ask for Flood of Comments Saying
>> “Hands Off the Internet” <http://electionlawblog.org/?p=67671>
>> Posted on October 30, 2014 1:44 pm <http://electionlawblog.org/?p=67671>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> Escalating
>> <http://www.fec.gov/members/statements/Goodman_Hunter_Petersen-Statement_Encouraging_Public_Comment.pdf>
>> the battle with Commissioner Ravel over this issue.
>> <mime-attachment.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67671&title=Three%20Republican%20FEC%20Commissioners%20Ask%20for%20Flood%20of%20Comments%20Saying%20%E2%80%9CHands%20Off%20the%20Internet%E2%80%9D&description=>
>> Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
>> election commission <http://electionlawblog.org/?cat=24>
>>
>> --
>> Rick Hasen
>> Chancellor's Professor of Law and Political Science
>> UC Irvine School of Law
>> 401 E. Peltason Dr., Suite 1000
>> Irvine, CA 92697-8000949.824.3072 - office949.824.0495 - faxrhasen at law.uci.eduhttp://www.law.uci.edu/faculty/full-time/hasen/http://electionlawblog.org
>>
>>
>>
>> _______________________________________________
>> Law-election mailing listLaw-election at department-lists.uci.eduhttp://department-lists.uci.edu/mailman/listinfo/law-election
>>
>>
>> --
>> Rick Hasen
>> Chancellor's Professor of Law and Political Science
>> UC Irvine School of Law
>> 401 E. Peltason Dr., Suite 1000
>> Irvine, CA 92697-8000949.824.3072 - office949.824.0495 - faxrhasen at law.uci.eduhttp://www.law.uci.edu/faculty/full-time/hasen/http://electionlawblog.org
>>
>>
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