[EL] The terror of James O'Keefe
Justin Levitt
levittj at lls.edu
Mon Nov 3 18:36:34 PST 2014
Illustrated _potential_ problems.
My point is that if the principles underlying a system are only about
abstract or manufactured potential, they don't inform much actual policy
debate.
You do vulnerability testing, yes ... but you have to consider the
plausibility of breach and the detriment of any increased security
protocol. Hypothetical vulnerability testing alone is a pretty skewed
means of living life. I should be wearing a Kevlar suit and a helmet
24/7. So should you. So should everyone.
And if that's not true, surely you'd concede that the hypothetical
potential to bribe a politician with campaign donations or expenditures
exists. From your recent posts, I don't think the non-bribery principle
alone likely governs your stance on campaign finance laws. Nor, I hasten
to add, should it.
Justin
On Nov 3, 2014, at 9:18 PM, Benjamin Barr <benjamin.barr at gmail.com> wrote:
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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