[EL] buying candidates, and other metaphors
Robert Wechsler
catbird at pipeline.com
Tue Nov 4 03:08:05 PST 2014
There are at least four uses of such metaphors.
One is in making serious arguments about campaign finance issues. Here
these metaphors are inappropriate.
Another use is by ordinary people (including journalists) who depend on
the shorthand that metaphors provide. Here it doesn't matter whether the
metaphors are appropriate or not. Here what matters is perceptions and
appearances. If people think an individual or entity is trying to buy a
candidate or their votes, this is their reality, and this reality will
affect how they participate and vote. They have agency, of course, but
even though in extreme situations they may use this agency to reject
candidates when someone is spending an inordinate amount of money or
when they see them supported by special interests, more commonly they
will see this as a general problem, applicable to all politicians,
reject politics instead of a particular candidate, and neither vote nor
participate. In Coralville, even candidates supported by the Koch
brothers rejected their support; thus the agency of voters rejecting
this support did not have to be very strong. They were, ironically,
following the very people they voted against. But extreme situations
like this are rare. It will be interesting to see if Chevron is
similarly rejected in another extreme situation.
The third use of these metaphors is by organizations trying to persuade
people to support campaign finance reform (and give them money). In this
case, these metaphors are indeed persuasive. Whether they are
appropriate is another question.
The fourth use of these metaphors, especially the buying one, is by
politicians themselves. Whenever a politician is accused of doing
something based on a gift or campaign contribution, they insist, "I
can't be bought." The public sees them accepting a trip to Hawaii from a
developer whose project they vote for, and comes to the opposite
conclusion. If politicians use the shorthand "being bought," why should
others be any more sophisticated?
What got me going at the start of this thread was not a metaphor, but
rather Benjamin Barr's talk about the spending of unlimited money (he
mentioned Koch and Steyer) being okay because it was made in a free
market. I found this mention of a free market (not metaphorically)
irrelevant, because there is no free market in elections and free market
values are inappropriate to elections. But if someone makes this
argument, then why should money made in a free market not be used to
directly buy individual votes? I wanted to take this free market
argument to its logical conclusion to show how wrong it is. Upon which
Sean Parnell went after me. . .
Rob Wechsler
City Ethics
On 11/3/2014 10:06 PM, Mark Schmitt wrote:
> But if the spending "makes [voters] reject the supported candidates,"
> then the candidate's vote isn't really bought, is it? Voters do still
> have agency. The issue is the resources available to persuade or
> inform those voters -- voters should be able to hear all sides of an
> argument, and all candidates and ideas that have some support should
> have a reasonable opportunity to be heard. And elected officials
> should not be in a position of strong dependency on a particular donor
> or outside spender.
>
> One can say all those things without resorting to the "buying votes"
> metaphor, which is very much a metaphor. I'm a reformer, I think we
> can and should reduce the influence of concentrated wealth on
> elections and legislation. But we're not doing the cause any favors
> with some of the exaggerated, unexamined, and unpersuasive metaphors
> that litter our language. Same is true on the other side, of course.
>
>
> Mark Schmitt
> 202/246-2350
> gchat or Skype: schmitt.mark
> twitter: mschmitt9
>
> On Mon, Nov 3, 2014 at 4:33 PM, Robert Wechsler <catbird at pipeline.com
> <mailto:catbird at pipeline.com>> wrote:
>
> Actually, outsize contributions and expenditures can /rationally/
> appear to be attempts to purchase an election. See my blog post
> <http://www.cityethics.org/content/how-huge-corporations-political-spending-can-change-citys-ethics-environment>
> on Chevron's $3 million (so far) in contributions and expenditures
> supporting and opposing Contra Costa, CA candidates.
>
> The problem I was pointing out is that people see this as an
> attempt to "buy" votes, and that appearances are important. Many
> people don't see attempts to "buy" votes as a metaphor. They see
> it as a fact. It can make them reject the supported candidates, as
> in Coralville, IA. Or it can turn them off, make them feel that
> elections aren't fair, that they overwhelm you with useless, often
> negative ads, etc. And it can have an effect on who runs, and
> doesn't run, for office.
>
> The point where a contribution becomes perceived as an attempted
> "purchase" depends on the circumstances: how much relative to the
> total amount, who is spending the money and why (Chevron is the
> city's biggest employer and is seeking a specific benefit; the
> Koch brothers were out-of-towners in Coralville), how open they
> are about it, whether the ads and fliers are positive or negative,
> honest or sleazy, etc. One or more unions can cause the same sort
> of situation.
>
> Rob Wechsler
> City Ethics
>
>
>
>
> On 11/3/2014 3:46 PM, Mark Schmitt wrote:
>> "At some point, these expenditures appear to become qualitatively
>> different from making campaign contributions to a candidate or to
>> a committee supporting a candidate. That is why people see this
>> as an attempt to purchase rather than to influence."
>>
>> Sorry, I don't really understand this sentence at all. At what
>> point does this happen? Is the problem that "people see this as
>> an attempt to purchase," or that it actually is?
>>
>> I think what you are saying is that if you have a situation where
>> a candidate is almost totally dependent for his ability to
>> compete in elections on a big outside spender, he or she will be
>> so deeply indebted to that supporter (if elected) that he is all
>> but "owned." I think we can agree that such a situation invites
>> corruption, is bad for democracy, and that elections should be
>> structured to prevent that situation. But the metaphor of
>> "purchase" or "buying votes" makes an even bigger claim than the
>> reality can support.
>>
>>
>>
>> Mark Schmitt
>> 202/246-2350 <tel:202%2F246-2350>
>> gchat or Skype: schmitt.mark
>> twitter: mschmitt9
>>
>> On Mon, Nov 3, 2014 at 10:41 AM, Robert Wechsler
>> <catbird at pipeline.com <mailto:catbird at pipeline.com>> wrote:
>>
>> Mark, I agree with you completely that metaphors "are not
>> trump cards in an argument. And dismantling someone else's
>> metaphor isn't a trump card either."
>>
>> I wrongly employed a metaphor at the start of this thread,
>> trying to take the conversation away from "buying candidates"
>> to looking at large campaign expenditures in terms of seeking
>> to persuade /voters /to vote for particular candidates.
>> However, I made further points without resorting to metaphors
>> (see below).
>>
>> But here is why I think that the "buying votes" metaphor is
>> important, although not as a trump card in an argument. When
>> individuals make large campaign-related expenditures, even
>> when they have no intention of influencing the candidates
>> they support (because they already agree), their goal in
>> spending money is to get votes for their candidate. At some
>> point, these expenditures appear to become qualitatively
>> different from making campaign contributions to a candidate
>> or to a committee supporting a candidate. That is why people
>> see this as an attempt to purchase rather than to influence.
>> That is where the "buying votes" and "buying candidates"
>> metaphors come from.
>>
>> Shorthand metaphors do not have a place in an argument about
>> such issues, but they need to be recognized, because they can
>> be central to how things appear to people. In government
>> ethics appearance is very important (in fact, the surface
>> appearance is all that people can see, and this is what they
>> respond to). When people feel that elections are being
>> bought, they feel it's unfair, they turn off, and this
>> undermines trust and participation in our government and in
>> elections.
>>
>> Rob
>>
>>
>>
>>
>> On 11/3/2014 9:38 AM, Mark Schmitt wrote:
>>> There's a reason a conversation like this one becomes so
>>> pointless so quickly: It is conducted entirely in metaphors.
>>> "Buying votes" is a metaphor for the influence that large
>>> donors can have on legislative decisions. "Market of ideas,"
>>> "drowning out speech," and "leveling the playing field" are
>>> also metaphors.
>>>
>>> As a writer, I love metaphors, and they can be aids to
>>> understanding. But they are not trump cards in an argument.
>>> And dismantling someone else's metaphor isn't a trump card
>>> either.
>>>
>>>
>>>
>>> Mark Schmitt
>>> 202/246-2350 <tel:202%2F246-2350>
>>> gchat or Skype: schmitt.mark
>>> twitter: mschmitt9
>>>
>>> On Mon, Nov 3, 2014 at 8:11 AM, Sean Parnell
>>> <sean at impactpolicymanagement.com
>>> <mailto:sean at impactpolicymanagement.com>> wrote:
>>>
>>> So when you say that you "would like to see the purchase
>>> of votes be part of the discussion,"you mean you've made
>>> your point and aren't interested in clarifying or
>>> responding to any questions or critiques of that point?
>>> Thanks for explaining. By the way, I suggest you look up
>>> the definition of "discussion," I suspect you may be
>>> surprised.
>>>
>>> Sean Parnell
>>>
>>> President
>>>
>>> Impact Policy Management, LLC
>>>
>>> 6411 Caleb Court
>>>
>>> Alexandria, VA 22315
>>>
>>> 571-289-1374 <tel:571-289-1374> (c)
>>>
>>> sean at impactpolicymanagement.com
>>> <mailto:sean at impactpolicymanagement.com>
>>>
>>> *From:*Robert Wechsler [mailto:catbird at pipeline.com
>>> <mailto:catbird at pipeline.com>]
>>> *Sent:* Monday, November 03, 2014 7:56 AM
>>> *To:* Sean Parnell
>>> *Cc:* law-election at department-lists.uci.edu
>>> <mailto:law-election at department-lists.uci.edu>
>>> *Subject:* Re: [EL] buying candidates?
>>>
>>> I made my point in the beginning, in response to what
>>> Benjamin Barr wrote. You twisted it then, and there's no
>>> reason to make it again. You can keep the benefit of the
>>> doubt to yourself. Treat is a gift rather than as a
>>> transaction involving a product that is bought and sold.
>>>
>>> On 11/2/2014 9:18 PM, Sean Parnell wrote:
>>>
>>> Exactly (and I do mean EXACTLY) what "free market
>>> values" you see in our elections that so trouble
>>> you? I'll give you the benefit of the doubt (for
>>> now) that you have some point to make, so please
>>> make it.
>>>
>>> Sean Parnell
>>>
>>> President
>>>
>>> Impact Policy Management, LLC
>>>
>>> 6411 Caleb Court
>>>
>>> Alexandria, VA 22315
>>>
>>> 571-289-1374 <tel:571-289-1374> (c)
>>>
>>> sean at impactpolicymanagement.com
>>> <mailto:sean at impactpolicymanagement.com>
>>>
>>> *From:*Robert Wechsler [mailto:catbird at pipeline.com]
>>> *Sent:* Sunday, November 02, 2014 4:55 PM
>>> *To:* Sean Parnell
>>> *Cc:* law-election at department-lists.uci.edu
>>> <mailto:law-election at department-lists.uci.edu>
>>> *Subject:* Re: [EL] buying candidates?
>>>
>>> What I said is not that parties are purchasing
>>> elections, or that spending money supporting
>>> candidates (via persuasion/dissuasion (the attempt
>>> to garner if not purchase votes) or via the actual
>>> purchase of votes, which has occurred on many
>>> occasions, whatever the value of a vote may be) is
>>> about economics, but that the values of free market
>>> economics are not appropriate to the election of
>>> political candidates.
>>>
>>> One of the problems in the world of campaign finance
>>> is that it often overlooks the fact that it is part
>>> of government ethics, which is based in "regime
>>> values," that is, the values that underlie our
>>> system of government: fairness, justice, openness,
>>> constitutional freedoms, civic responsibility, and
>>> citizen participation. It is not just about free
>>> speech vs. "reform."
>>>
>>> If you acknowledge that the appropriateness of free
>>> market values in the election of candidates is an
>>> issue, then we can have a discussion. If you do not,
>>> then you can just keep being disrespectful.
>>>
>>> Rob Wechsler
>>> City Ethics
>>>
>>>
>>> On 11/2/2014 4:20 PM, Sean Parnell wrote:
>>>
>>> Sorry, Robert, but you're not really making any
>>> sense.
>>>
>>> Let's start with basics. For one party to
>>> purchase an election, someone else must sell it
>>> to them. Explain to me, in non-euphemistic terms
>>> (i.e. "politicians are selling it to the rich")
>>> who the seller is. Alternately, stop pretending
>>> you're talking about economics.
>>>
>>> Sean Parnell
>>>
>>> President
>>>
>>> Impact Policy Management, LLC
>>>
>>> 6411 Caleb Court
>>>
>>> Alexandria, VA 22315
>>>
>>> 571-289-1374 <tel:571-289-1374> (c)
>>>
>>> sean at impactpolicymanagement.com
>>> <mailto:sean at impactpolicymanagement.com>
>>>
>>> *From:*Robert Wechsler
>>> [mailto:catbird at pipeline.com]
>>> *Sent:* Sunday, November 02, 2014 10:06 AM
>>> *To:* Sean Parnell
>>> *Cc:* law-election at department-lists.uci.edu
>>> <mailto:law-election at department-lists.uci.edu>;
>>> fwoocher at strumwooch.com
>>> <mailto:fwoocher at strumwooch.com>;
>>> cmaceda_CONTRACTOR at ap.org
>>> <mailto:cmaceda_CONTRACTOR at ap.org>
>>> *Subject:* Re: [EL] buying candidates?
>>>
>>> Mr. Parnell, my "real issue," as I said, is
>>> There is a difference between persuading people
>>> about products or issues and persuading people
>>> about voting. In your mock discussion, you
>>> assume that a vote is a product, rather than
>>> discuss whether or not it is a product and what
>>> that might mean with respect to regulating
>>> attempts to purchase it. Therefore, your
>>> response is a way to play at responding to an
>>> issue I raised without actually responding to
>>> it. It is disrespectful and wasteful of our time.
>>>
>>> The appropriateness of market economics in
>>> voting is not a "silly euphemism." It is a
>>> central issue that, I believe, does not receive
>>> sufficient discussion, which is why I raised it.
>>> Don't you realize that your snideness reflects
>>> poorly both your ability to counter reasonable,
>>> responsible arguments and on your ethics in
>>> engaging with others?
>>>
>>> Mr. Woocher's and Mr. Maceda's responses to what
>>> you wrote are, on the other hand, thoughtful,
>>> responsible responses to what you wrote below.
>>> So let's "begin the discussion" by discussing
>>> it, not mocking it.
>>>
>>> Rob Wechsler
>>> City Ethics
>>>
>>>
>>>
>>> On 11/1/2014 5:53 PM, Sean Parnell wrote:
>>>
>>> Robert: I'd be happy to keep the purchase of
>>> votes part of the discussion. Of course,
>>> there can't be a purchase without a seller,
>>> so let's begin the discussion there.
>>>
>>> One key element of markets, for example, is
>>> price, which generally occurs at the
>>> intersection of the supply and demand
>>> curves. Tell me, Robert, how much do you
>>> sell yours for? Or what price are you
>>> willing to pay for mine? Or what price do
>>> you think anyone sells theirs for?
>>>
>>> Let's discuss my personal supply curve for
>>> votes, since we're talking about the
>>> purchase of votes and my own supply curve is
>>> really the only one I can talk about with
>>> any real knowledge.
>>>
>>> As a producer of votes, I'm willing to
>>> provide as many votes as I can up to a point
>>> where the marginal gain of another vote
>>> meets or exceeds the marginal cost (or
>>> expected marginal gain meets expected
>>> marginal costs, if you prefer) that vote. At
>>> the point where the expected marginal cost
>>> of producing one additional vote exceeds the
>>> expected marginal gain, I will cease
>>> production of votes.
>>>
>>> In my case the number of votes I,
>>> personally, am willing to provide is 1, at
>>> least per election, per candidate. The cost
>>> to me to produce this vote is rather
>>> negligible -- perhaps $0.50 or so in gas,
>>> another $0.10 or so in depreciation on my
>>> vehicle, depending on how long the wait in
>>> line is perhaps $100 or $200 in forgone
>>> income. On the other side of the ledger are
>>> my expected gains, which include the psychic
>>> income from the feeling of having done my
>>> civic duty, the value to me of not running
>>> the risk of showing up on some creepy
>>> politician's list of people who haven't done
>>> their civic duty (see this for what I'm
>>> talking about:
>>> http://www.powerlineblog.com/archives/2014/10/dems-keep-it-creepy.php),
>>> plus financial benefits that may accrue to
>>> me from elected officials adopting policies
>>> I favor (this is a triple probability
>>> function, of course -- the probability that
>>> my vote might make the difference in an
>>> election times the probability the elected
>>> official will keep their word times the
>>> probability my favored policies will result
>>> in the outcome I believe it will times the
>>> net-present value of those financial
>>> benefits), plus non-financial benefits that
>>> may accrue to me (again a triple probability
>>> function, substitute psychic income values
>>> for the financial benefit values in the
>>> previous calculation).
>>>
>>> That last bit about the value of financial
>>> and non-financial value is more complicated
>>> than what I just outlined, of course -- the
>>> value of the benefit to me must be compared
>>> to the lesser or possibly even negative
>>> financial result that might occur should
>>> things go the other way. But to provide a
>>> simple illustration of what I'm talking
>>> about, on the financial side I may benefit
>>> from an increase in the Child Tax Credit if
>>> that is what the candidate I vote for
>>> pledges, on the non-financial side I may
>>> benefit from not being locked up for
>>> dissenting from government approved
>>> orthodoxy if the candidate I vote for
>>> opposes 'truth in politics' laws.
>>>
>>> As for why I'm only willing to produce a
>>> single vote for a candidate, the fact is
>>> that the gross marginal value of that second
>>> vote is vanishingly small (because the
>>> probability that my second vote will make
>>> the difference in an election is near-zero),
>>> while the costs of that second vote are
>>> significant. For starters, I lose the
>>> psychic income from performing my civic duty
>>> and in fact incur psychic costs, because I'm
>>> now doing the opposite of my civic duty. On
>>> top of that, if I am caught (another
>>> probability calculation) then I face a
>>> variety of legal sanctions, which to me seem
>>> a very high cost indeed. Comparing the
>>> miniscule gain to the substantial cost, the
>>> rational decision to me is to only produce a
>>> single vote.
>>>
>>> This is just the start of the discussion, of
>>> course. All I've provided here is the
>>> maximum number of votes I am willing to
>>> provide as a seller of votes. To begin with,
>>> there's still a product differentiation
>>> issue (i.e. which candidate will I sell my
>>> vote to) which is simply which candidate
>>> offers the greatest net gain to me, once
>>> both the financial and non-financial gains
>>> are summed. Perhaps the next round we'll
>>> address this?
>>>
>>> Anyways, these are just some opening
>>> thoughts on the sale and purchase of votes,
>>> of course. Your thoughts, Robert? Or have I
>>> misunderstood you, and you don't /really/
>>> mean the actual purchase of votes, instead
>>> it's simply some sort of silly euphemism
>>> tossed about by 'reformers' who wish to
>>> imply illegality and nefarious undertakings
>>> when discussing the ability of persons to
>>> attempt to /persuade/ voters to support
>>> certain candidates and policies? If that's
>>> the case, we probably ought to drop the
>>> whole "purchase of votes" meme, since it's
>>> obviously not really applicable, and instead
>>> you ought to whine about the simple
>>> /unfairness/ of the fact that some people
>>> are more persuasive than others, or that
>>> people you disagree with are occasionally
>>> more persuasive than those you agree with,
>>> or whatever your real issue is.
>>>
>>> Best,
>>>
>>> Sean Parnell
>>>
>>> President
>>>
>>> Impact Policy Management, LLC
>>>
>>> 6411 Caleb Court
>>>
>>> Alexandria, VA 22315
>>>
>>> 571-289-1374 <tel:571-289-1374> (c)
>>>
>>> sean at impactpolicymanagement.com
>>> <mailto:sean at impactpolicymanagement.com>
>>>
>>> *From:*law-election-bounces at department-lists.uci.edu
>>> <mailto:law-election-bounces at department-lists.uci.edu>
>>> [mailto:law-election-bounces at department-lists.uci.edu]
>>> *On Behalf Of *Robert Wechsler
>>> *Sent:* Friday, October 31, 2014 5:36 PM
>>> *To:* Benjamin Barr
>>> *Cc:* law-election at department-lists.uci.edu
>>> <mailto:law-election at department-lists.uci.edu>
>>> *Subject:* Re: [EL] buying candidates?
>>>
>>> /We don't feel guilty or ashamed that we've
>>> made money in free market. /
>>>
>>> This isn't about making money in a free
>>> market. It is about spending money in a
>>> market that is not free: the election of
>>> those who manage our communities. If this
>>> market were free, then people could buy each
>>> other's votes. If you are unflinching in
>>> your inclination toward liberty, how can you
>>> oppose the purchasing of votes?
>>>
>>> I would like to see the purchase of votes be
>>> part of the discussion. After all, that's
>>> really what the discussion is about.
>>>
>>> Robert Wechsler
>>> City Ethics
>>>
>>>
>>>
>>>
>>> On 10/31/2014 4:54 PM, Benjamin Barr wrote:
>>>
>>> Professor,
>>>
>>> Some of us are stricken with an
>>> unflinching inclination toward liberty.
>>> We'd prefer that a free people be able
>>> to speak as they see fit, pool their
>>> resources together as they'd like,
>>> associate in commonality as they enjoy,
>>> and otherwise engage in the American
>>> experiment.
>>>
>>> We don't feel guilty or ashamed that
>>> we've made money in free market. We
>>> welcome the Steyers, Kochs, and Soros of
>>> the world to compete for our attention
>>> and shake up the public mind. We aren't
>>> afraid of their ideas. We welcome
>>> unions, corporations, trial attorneys,
>>> and coal producers to share their
>>> thoughts, even when they use silly
>>> names. We believe in free exchange and
>>> citizens capable of self-government.
>>>
>>> We also realize that the surest path to
>>> tyranny is found in displacing this
>>> precious liberty held by Americans with
>>> the unilateral voice of government to
>>> decide who has "political power or who
>>> gets elected."
>>>
>>> Forward, and a Happy Halloween to all!
>>>
>>> Benjamin Barr
>>>
>>> On Fri, Oct 31, 2014 at 4:27 PM,
>>> Schultz, David A. <dschultz at hamline.edu
>>> <mailto:dschultz at hamline.edu>> wrote:
>>>
>>> I will chime in late on this debate
>>> since I was working.
>>>
>>> The difficulty of us to really draw the
>>> lines between permissible use of money
>>> to influence candidates or races and
>>> impermissible uses (buying candidates or
>>> bribery) might suggest that it is
>>> impossible to do so because it may be a
>>> distinction without a difference. This
>>> may thus speak to the core issue that I
>>> repeatedly bring up but which most of
>>> you chose to simply ignore: i.e.,
>>> perhaps it is not legitimate for people
>>> to use money or convert over economic
>>> resources into political resources or
>>> perhaps it is simply not legitimate to
>>> make money the allocative factor that
>>> determines who has political power or
>>> who gets elected.
>>>
>>> On Fri, Oct 31, 2014 at 1:30 PM, Rick
>>> Hasen <rhasen at law.uci.edu
>>> <mailto:rhasen at law.uci.edu>> wrote:
>>>
>>> I have changed this subject heading to
>>> something more descriptive.
>>>
>>> On 10/31/14, 11:25 AM, Benjamin Barr wrote:
>>>
>>> Brad's on to something here.
>>>
>>> There's an awful example of this
>>> going on in Texas right now (and
>>> something I'm working on with the
>>> Wyoming Liberty Group folks). The
>>> case is Cary v. Texas and is in the
>>> Fifth District appellate court. It
>>> involves a crew of people who
>>> improperly funded a judicial
>>> campaign. But instead of having the
>>> state slap them with violations of
>>> its Election Code and Judicial
>>> Campaign Fairness Act, they're going
>>> after one of the funders under
>>> criminal bribery, "organized crime,"
>>> and Texas' favorite money laundering
>>> laws to pursue 14 years of jail for him.
>>>
>>> Prosecutors there believe you can
>>> sidestep the state's campaign
>>> finance laws because the giving of
>>> money to "run for office" and
>>> "continue to run for office"
>>> constitutes bribery and organized
>>> criminal activity in their eyes.
>>> It's worth pausing to read that
>>> again. Make one mistake in how you
>>> decide to fund a candidate for
>>> office and you're not dealing with
>>> campaign finance violations (pesky
>>> in and of themselves); you're facing
>>> 14 years in the slammer.
>>>
>>> There's a careful sort of
>>> delineation, constitutionally
>>> mandated, in nearly every state's
>>> bundle of anti-corruption laws.
>>> Bribery and criminal offenses are
>>> the proverbial jackhammers here.
>>> They prevent immediate /quid pro
>>> quo/ arrangements and include pesky
>>> things like heightened evidentiary
>>> standards and burdens of proof that
>>> some prosecutors don't like very
>>> much. Campaign finance laws, aimed
>>> at preventing future /quid pro
>>> quo/ arrangements and serving
>>> limited informational interests,
>>> regulate with much more precision
>>> and more lightly given the important
>>> First Amendment interests at stake.
>>>
>>> It's time to get over the notion
>>> that Americans coming together to
>>> support policies and politicians
>>> they prefer are engaged in criminal
>>> activity. Its destroying real
>>> people who get caught up in this
>>> nonsense.
>>>
>>> Forward,
>>>
>>> Benjamin Barr
>>>
>>> On Fri, Oct 31, 2014 at 11:26 AM,
>>> Smith, Brad <BSmith at law.capital.edu
>>> <mailto:BSmith at law.capital.edu>> wrote:
>>>
>>> So Democrat Jones announces he is
>>> running for Senate, and states
>>> plainly, "I don't agree with most of
>>> my party on campaign finance reform.
>>> I oppose amending the constitution,
>>> and I oppose the DISCLOSE Act."
>>> Larry Lessig says, "This will hurt
>>> Jones in getting the Democratic
>>> nomination. Mayday PAC will support
>>> Jones' opponent."
>>>
>>> That's "buy[ing] the candidate's
>>> policy decisions"?
>>>
>>> Isn't that more accurately called
>>> "opposing a candidate you disagree
>>> with"?
>>>
>>> "Right to Life will oppose
>>> candidates who support abortion
>>> rights. Support for abortion rights
>>> will hurt a candidate in Republican
>>> primaries." That's bribery?
>>>
>>> /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 <tel:614.236.6317>/
>>>
>>> /http://law.capital.edu/faculty/bios/bsmith.aspx/
>>>
>>> ------------------------------------------------------------------------
>>>
>>> *From:*Tyler Creighton
>>> [tyler at rethinkmedia.org
>>> <mailto:tyler at rethinkmedia.org>]
>>> *Sent:* Friday, October 31, 2014
>>> 11:03 AM
>>> *To:* Svoboda, Brian (Perkins Coie)
>>> *Cc:* Smith, Brad;
>>> law-election at UCI.edu
>>> <mailto:law-election at UCI.edu>
>>>
>>>
>>> *Subject:* Re: [EL] more news 10/30/14
>>>
>>> To acquire candidate Smith's silence
>>> or opposition to the carbon tax by
>>> paying for ads supporting candidate
>>> Smith or by promising to pay for ads
>>> attacking him.
>>>
>>>
>>> *Tyler Creighton* |
>>> tyler at rethinkmedia.org
>>> <mailto:tyler at rethinkmedia.org> |
>>> Media Associate
>>>
>>> ReThink Media
>>> <http://rethinkmedia.org> | (202)
>>> 449-6960 <tel:%28202%29%20449-6960>
>>> office | (925) 548-2189
>>> <tel:%28925%29%20548-2189> mobile
>>>
>>> @ReThinkDemocrcy
>>> <https://twitter.com/rethinkdemocrcy> |
>>> @ReThink_Media
>>> <https://twitter.com/rethink_media>
>>> | @TylerCreighton
>>> <http://www.twitter.com/tylercreighton>
>>>
>>> On Fri, Oct 31, 2014 at 10:06 AM,
>>> Svoboda, Brian (Perkins Coie)
>>> <BSvoboda at perkinscoie.com
>>> <mailto:BSvoboda at perkinscoie.com>>
>>> wrote:
>>>
>>> The universal unconscious scores
>>> again, because this discussion comes
>>> while I am reading Dan Lowenstein's
>>> "When Is a Campaign Contribution a
>>> Bribe?", republished in Heffernan
>>> and Kleinig's Private and Public
>>> Corruption. It seems to me that
>>> Professor Lowenstein's five
>>> hypotheticals would provide a useful
>>> framework for this debate. Perhaps
>>> the listserv's monthly robo email
>>> could include a hyperlink to
>>> Professor Lowenstein's article,
>>> which never seems to go out of season.
>>>
>>> =B.
>>>
>>> *Brian Svoboda**| **Perkins Coie LLP*
>>>
>>> *PARTNER*
>>>
>>> 700 Thirteenth Street, N.W. Suite 600
>>>
>>> Washington, DC 20005-3960
>>>
>>> D. +1.202.434.1654
>>> <tel:%2B1.202.434.1654>
>>>
>>> F. +1.202.654.9150
>>> <tel:%2B1.202.654.9150>
>>>
>>> E. BSvoboda at perkinscoie.com
>>> <mailto:%20BSvoboda at perkinscoie.com>
>>>
>>> *From:*law-election-bounces at department-lists.uci.edu
>>> <mailto:law-election-bounces at department-lists.uci.edu>
>>> [mailto:law-election-bounces at department-lists.uci.edu
>>> <mailto:law-election-bounces at department-lists.uci.edu>]
>>> *On Behalf Of *Smith, Brad
>>> *Sent:* Friday, October 31, 2014 9:46 AM
>>> *To:* Tyler Creighton
>>> *Cc:* law-election at UCI.edu
>>> <mailto:law-election at UCI.edu>
>>>
>>>
>>> *Subject:* Re: [EL] more news 10/30/14
>>>
>>> You have a curious interpretation of
>>> "buy."
>>>
>>> You seem to be exactly the kind of
>>> person I was referring to.
>>>
>>> /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 <tel:614.236.6317>/
>>>
>>> /http://law.capital.edu/faculty/bios/bsmith.aspx/
>>>
>>> ------------------------------------------------------------------------
>>>
>>> *From:*Tyler Creighton
>>> [tyler at rethinkmedia.org
>>> <mailto:tyler at rethinkmedia.org>]
>>> *Sent:* Friday, October 31, 2014 7:28 AM
>>> *To:* Smith, Brad
>>> *Cc:* Reuben, Richard C.; Rick
>>> Hasen; law-election at UCI.edu
>>> <mailto:law-election at UCI.edu>
>>> *Subject:* Re: [EL] more news 10/30/14
>>>
>>> The President of AFP seems to
>>> confirm that big spending for a
>>> candidate (or the threat of big
>>> spending against a candidate) is in
>>> fact to buy the candidate's policy
>>> decisions.
>>>
>>> In NYT today
>>> <http://www.nytimes.com/2014/10/31/us/why-republicans-keep-telling-everyone-theyre-not-scientists.html?ref=todayspaper%20>:
>>>
>>> Tim Phillips, president of
>>> Americans for Prosperity, said
>>> his group intends to
>>> aggressively work against
>>> Republicans who support a carbon
>>> tax or regulations in the 2016
>>> presidential primary campaigns.
>>> "They would be at a severe
>>> disadvantage in the Republican
>>> nomination process," Mr.
>>> Phillips said. "We would
>>> absolutely make that a crucial
>>> issue."
>>>
>>>
>>> *Tyler Creighton* |
>>> tyler at rethinkmedia.org
>>> <mailto:tyler at rethinkmedia.org> |
>>> Media Associate
>>>
>>> ReThink Media
>>> <http://rethinkmedia.org> | (202)
>>> 449-6960 <tel:%28202%29%20449-6960>
>>> office | (925) 548-2189
>>> <tel:%28925%29%20548-2189> mobile
>>>
>>> @ReThinkDemocrcy
>>> <https://twitter.com/rethinkdemocrcy> |
>>> @ReThink_Media
>>> <https://twitter.com/rethink_media>
>>> | @TylerCreighton
>>> <http://www.twitter.com/tylercreighton>
>>>
>>> On Thu, Oct 30, 2014 at 5:51 PM,
>>> Smith, Brad <BSmith at law.capital.edu
>>> <mailto:BSmith at law.capital.edu>> wrote:
>>>
>>> This actually strikes me as pretty
>>> tame compared to what I've seen, so
>>> maybe the future is now.
>>>
>>> But it is a shame that over the
>>> years so many have labored so hard
>>> to convince Americans that if
>>> someone contributes to an
>>> officeholder's campaign, it is proof
>>> that the officeholder is bought and
>>> that the officeholder's decisions
>>> are not based on the merits, the
>>> officeholder's ideology, or the
>>> perceived desires of constituents,
>>> but simply the wishes of donors.
>>>
>>> /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 <tel:614.236.6317>/
>>>
>>> /http://law.capital.edu/faculty/bios/bsmith.aspx/
>>>
>>> ------------------------------------------------------------------------
>>>
>>> *From:*law-election-bounces at department-lists.uci.edu
>>> <mailto:law-election-bounces at department-lists.uci.edu>
>>> [law-election-bounces at department-lists.uci.edu
>>> <mailto:law-election-bounces at department-lists.uci.edu>]
>>> on behalf of Reuben, Richard C.
>>> [ReubenR at missouri.edu
>>> <mailto:ReubenR at missouri.edu>]
>>> *Sent:* Thursday, October 30, 2014
>>> 4:31 PM
>>> *To:* 'Rick Hasen';
>>> 'law-election at UCI.edu
>>> <mailto:law-election at UCI.edu>'
>>> *Subject:* Re: [EL] more news 10/30/14
>>>
>>> Apologies if this
>>> <http://www.iagreetosee.com/portfolio/republicans-spending-oust-groovy-judge-pat-joyce/?utm_expid=75724171-4.BszejjW6RMeHyvjzhd7TGw.0&utm_referrer=http%3A%2F%2Fwww.google.com%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3D%26esrc%3Ds%26source%3Dweb%26cd%3D2%26ved%3D0CCcQFjAB%26url%3Dhttp%253A%252F%252Fwww.iagreetosee.com%252Fportfolio%252Frepublicans-spending-oust-groovy-judge-pat-joyce%252F%26ei%3DRZ9SVJq3JtX_yQSUw4DgBQ%26usg%3DAFQjCNF-VgTyYb_g2mLuoL36cxqDZUb2Pw%26sig2%3DQLsHDOuK-t-67ruAQca8wA%26bvm%3Dbv.78597519%2Cd.aWw?&version=a>
>>> has already been posted, but I
>>> thought you might like to see the
>>> future of judicial campaigns, as
>>> played out today in a judicial
>>> election in Cole County, Mo. This
>>> one is obviously very ugly, and
>>> there is still time yet before the
>>> election.
>>>
>>> *From:*law-election-bounces at department-lists.uci.edu
>>> <mailto:law-election-bounces at department-lists.uci.edu>
>>> [mailto:law-election-bounces at department-lists.uci.edu
>>> <mailto:law-election-bounces at department-lists.uci.edu>]
>>> *On Behalf Of *Rick Hasen
>>> *Sent:* Thursday, October 30, 2014
>>> 2:57 PM
>>> *To:* law-election at UCI.edu
>>> <mailto:law-election at UCI.edu>
>>> *Subject:* [EL] more news 10/30/14
>>>
>>>
>>> "Messing With Texas Again:
>>> Putting It Back Under Federal
>>> Supervision"
>>> <http://electionlawblog.org/?p=67669>
>>>
>>> Posted on October 30, 2014 12:40 pm
>>> <http://electionlawblog.org/?p=67669> by
>>> *Rick Hasen*
>>> <http://electionlawblog.org/?author=3>
>>>
>>> I have written this piece
>>> <http://talkingpointsmemo.com/cafe/messing-with-texas-voter-id>for
>>> TPM Cafe. It begins:
>>>
>>> /Readers of the entire 147-page
>>> opinion
>>> <http://electionlawblog.org/wp-content/uploads/20141009-TXID-Opinion.pdf> issued
>>> earlier this month by a federal
>>> district court striking down
>>> Texas's strict voter
>>> identification law as
>>> unconstitutional and a violation
>>> of the Voting Rights Act might
>>> have been too exhausted to
>>> realize that the opinion's very
>>> last sentence may be its most
>>> important. The court ended its
>>> opinion with a dry statement
>>> promising a future hearing on
>>> "plaintiffs' request for relief
>>> under Section 3(c) of the Voting
>>> Rights Act." That hearing,
>>> however, has the potential to
>>> require Texas to get federal
>>> approval for any future voting
>>> changes for up to the next
>>> decade, and to make it much more
>>> difficult for the state to pass
>>> more restrictive voting rules.
>>> It may be much more important
>>> than the ruling on the voter ID
>>> law itself./
>>>
>>> Share
>>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67669&title=%E2%80%9CMessing%20With%20Texas%20Again%3A%20Putting%20It%20Back%20Under%20Federal%20Supervision%E2%80%9D&description=>
>>>
>>> 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>
>>>
>>>
>>> "McDonnell team sought mistrial
>>> over juror's ouster, expressed
>>> concern about alternate"
>>> <http://electionlawblog.org/?p=67667>
>>>
>>> Posted on October 30, 2014 12:30 pm
>>> <http://electionlawblog.org/?p=67667> by
>>> *Rick Hasen*
>>> <http://electionlawblog.org/?author=3>
>>>
>>> WaPo reports.
>>> <http://www.washingtonpost.com/local/virginia-politics/mcdonnell-team-sought-mistrial-over-jurors-ouster-expressed-concern-about-alternate/2014/10/30/d3f3d1c2-6053-11e4-8b9e-2ccdac31a031_story.html>
>>>
>>> Share
>>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67667&title=%E2%80%9CMcDonnell%20team%20sought%20mistrial%20over%20juror%E2%80%99s%20ouster%2C%20expressed%20concern%20about%20alternate%E2%80%9D&description=>
>>>
>>> Posted in bribery
>>> <http://electionlawblog.org/?cat=54>
>>>
>>>
>>> "Ginsburg Was Right: Texas'
>>> Extreme Voter ID Law Is Stopping
>>> People From Voting"
>>> <http://electionlawblog.org/?p=67665>
>>>
>>> Posted on October 30, 2014 12:24 pm
>>> <http://electionlawblog.org/?p=67665> by
>>> *Rick Hasen*
>>> <http://electionlawblog.org/?author=3>
>>>
>>> HuffPo reports.
>>> <http://www.huffingtonpost.com/2014/10/30/texas-voter-id_n_6076536.html?utm_hp_ref=tw>
>>>
>>> Share
>>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67665&title=%E2%80%9CGinsburg%20Was%20Right%3A%20Texas%E2%80%99%20Extreme%20Voter%20ID%20Law%20Is%20Stopping%20People%20From%20Voting%E2%80%9D&description=>
>>>
>>> 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>
>>>
>>>
>>> "50,000 Missing Georgia
>>> Voter-Registration Applications?
>>> Nothing to See Here"
>>> <http://electionlawblog.org/?p=67663>
>>>
>>> Posted on October 30, 2014 12:20 pm
>>> <http://electionlawblog.org/?p=67663> by
>>> *Rick Hasen*
>>> <http://electionlawblog.org/?author=3>
>>>
>>> The /Daily Beast/ reports.
>>> <http://www.thedailybeast.com/articles/2014/10/30/50-000-missing-georgia-voter-registration-applications-nothing-to-see-here.html?via=desktop&source=twitter>
>>>
>>> Share
>>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67663&title=%E2%80%9C50%2C000%20Missing%20Georgia%20Voter-Registration%20Applications%3F%20Nothing%20to%20See%20Here%E2%80%9D&description=>
>>>
>>> Posted in election administration
>>> <http://electionlawblog.org/?cat=18>, The
>>> Voting Wars
>>> <http://electionlawblog.org/?cat=60>, voter
>>> registration
>>> <http://electionlawblog.org/?cat=37>
>>>
>>>
>>> "Argument preview: Racial
>>> gerrymandering, partisan
>>> politics, and the future of the
>>> Voting Rights Act"
>>> <http://electionlawblog.org/?p=67661>
>>>
>>> Posted on October 30, 2014 12:07 pm
>>> <http://electionlawblog.org/?p=67661> by
>>> *Rick Hasen*
>>> <http://electionlawblog.org/?author=3>
>>>
>>> I have written an extensive preview
>>> for SCOTUSBlog
>>> <http://www.scotusblog.com/2014/10/argument-preview-racial-gerrymandering-partisan-politics-and-the-future-of-the-voting-rights-act/> of
>>> a pair of cases the Supreme Court
>>> will hear at a November 12 oral
>>> argument. The issues are complex but
>>> very important and I've tried to lay
>>> it out so that someone not in the
>>> election law field can understand
>>> what's at stake. The preview begins:
>>>
>>> /The Supreme Court has long
>>> ignored Justice Felix
>>> Frankfurter's warning to stay
>>> out of the political thicket. It
>>> regularly hears challenges
>>> <http://www.scotusblog.com/case-files/cases/perry-v-perez/> to
>>> redistricting cases
>>> <http://www.scotusblog.com/case-files/cases/arizona-state-legislature-v-arizona-independent-redistricting-commission/?wpmp_switcher=desktop> (not
>>> to mention lots
>>> <http://www.scotusblog.com/case-files/cases/mccutcheon-v-federal-election-commission/> of
>>> other types
>>> <http://www.scotusblog.com/case-files/cases/crawford-v-marion-county-election-bd/> of
>>> election
>>> <http://sblog.s3.amazonaws.com/wp-content/uploads/2010/09/Roberts-order-Lux-9-30-101.pdf>
>>> cases
>>> <http://www.scotusblog.com/case-files/cases/susan-b-anthony-list-v-driehaus/>),
>>> raising issues from the
>>> one-person, one-vote
>>> <http://electionlawblog.org/archives/001449.html> rule
>>> to vote dilution
>>> <http://www.scotusblog.com/2006/06/comments-on-lulac-v-perry/> under
>>> the Voting Rights Act, to racial
>>> <http://www.oyez.org/cases/1990-1999/1992/1992_92_357> and
>>> partisan
>>> <http://www.scotusblog.com/2006/06/texas-redistricting-counting-the-votes/> gerrymandering
>>> claims. The Court's decision to
>>> hear a part of a challenge to
>>> Alabama's state legislative
>>> redistricting plan enacted after
>>> the 2010 census (in /Alabama
>>> Legislative Black Caucus v.
>>> Alabama/
>>> <http://www.scotusblog.com/case-files/cases/alabama-legislative-black-caucus-v-alabama/> and
>>> /Alabama Democratic Conference
>>> v. Alabama/
>>> <http://www.scotusblog.com/case-files/cases/alabama-democratic-conference-v-alabama/>,
>>> set for argument on November 12)
>>> brings all of these issues
>>> together in a seemingly
>>> technical but high-stakes case,
>>> showing the artificiality of
>>> separating issues of race and
>>> party in redistricting, offering
>>> a bold role reversal in
>>> political parties' use of racial
>>> gerrymandering claims, and
>>> offering a surprising new threat
>>> to the constitutionality of the
>>> Voting Rights Act./
>>>
>>> Share
>>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67661&title=%E2%80%9CArgument%20preview%3A%20Racial%20gerrymandering%2C%20partisan%20politics%2C%20and%20the%20future%20of%20the%20Voting%20Rights%20Act%E2%80%9D&description=>
>>>
>>> Posted in Uncategorized
>>> <http://electionlawblog.org/?cat=1>
>>>
>>>
>>> "State election officials opt to
>>> delay election in Bobby
>>> Harrell's old House seat"
>>> <http://electionlawblog.org/?p=67659>
>>>
>>> Posted on October 30, 2014 10:06 am
>>> <http://electionlawblog.org/?p=67659> by
>>> *Rick Hasen*
>>> <http://electionlawblog.org/?author=3>
>>>
>>> Following up on this post
>>> <http://electionlawblog.org/?p=67649>,
>>> the South Carolina state election
>>> board is delaying the election
>>> <http://www.postandcourier.com/article/20141030/PC1603/141039960?fb_comment_id=fbc_521814574587702_521834871252339_521834871252339#f35ae82f9c> and
>>> Democrats intend to appeal to the
>>> state Supreme Court.
>>>
>>> Share
>>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67659&title=%E2%80%9CState%20election%20officials%20opt%20to%20delay%20election%20in%20Bobby%20Harrell%E2%80%99s%20old%20House%20seat%E2%80%9D&description=>
>>>
>>> Posted in election administration
>>> <http://electionlawblog.org/?cat=18>
>>>
>>>
>>> "In Michigan, Spending Big Money
>>> to Stop Big Money"
>>> <http://electionlawblog.org/?p=67657>
>>>
>>> Posted on October 30, 2014 9:45 am
>>> <http://electionlawblog.org/?p=67657> by
>>> *Rick Hasen*
>>> <http://electionlawblog.org/?author=3>
>>>
>>> NYT First Draft
>>> <http://www.nytimes.com/politics/first-draft/2014/10/30/?entry=3977&_php=true&_type=blogs&smid=tw-share>:
>>> "Now, with Election Day nearing,
>>> Mayday is pinning its hopes on
>>> Michigan's Sixth Congressional
>>> District, where Representative Fred
>>> Upton, a Republican who is the
>>> chairman of the influential Energy
>>> and Commerce Committee and was once
>>> deemed a safe incumbent, is facing
>>> an unexpectedly strong challenge
>>> from Paul Clements, a Democrat. In a
>>> race that was on no one's radar a
>>> month ago, Mayday is now the biggest
>>> outside spender."
>>>
>>> Share
>>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67657&title=%E2%80%9CIn%20Michigan%2C%20Spending%20Big%20Money%20to%20Stop%20Big%20Money%E2%80%9D&description=>
>>>
>>> Posted in campaign finance
>>> <http://electionlawblog.org/?cat=10>
>>>
>>>
>>> "Horse. Stable Door. Too Late"
>>> <http://electionlawblog.org/?p=67655>
>>>
>>> Posted on October 30, 2014 9:24 am
>>> <http://electionlawblog.org/?p=67655> by
>>> *Rick Hasen*
>>> <http://electionlawblog.org/?author=3>
>>>
>>> Paul Gronke
>>> <http://blogs.reed.edu/earlyvoting/commentary/non-citizen-voting-and-why-political-scientists-who-are-publicly-engaged-may-need-an-editor/> on
>>> the non-citizen voting controversy
>>> and Jesse Richman's most recent
>>> comments on it which try to pull
>>> back from some of its bolder claims.
>>>
>>> Share
>>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67655&title=%E2%80%9CHorse.%20Stable%20Door.%20Too%20Late%E2%80%9D&description=>
>>>
>>> Posted in election administration
>>> <http://electionlawblog.org/?cat=18>, The
>>> Voting Wars
>>> <http://electionlawblog.org/?cat=60>
>>>
>>>
>>> "CFI Releases Analysis of Money
>>> in State Elections"
>>> <http://electionlawblog.org/?p=67653>
>>>
>>> Posted on October 30, 2014 9:07 am
>>> <http://electionlawblog.org/?p=67653> by
>>> *Rick Hasen*
>>> <http://electionlawblog.org/?author=3>
>>>
>>> New release
>>> <http://cfinst.org/Press/PReleases/14-10-30/CFI_Releases_Analysis_of_Money_in_State_Elections.aspx>,
>>> with these subheads:
>>>
>>> /Nearly Two-Thirds of the
>>> Candidates' 2012 Money in the
>>> Median State Came from PACs or
>>> from $1,000+ Donors; Small
>>> Donors Gave 16%/
>>>
>>> /Less than 1% of Adults in the
>>> Median State Gave any Money at
>>> All to a Candidate for State Office/
>>>
>>> Share
>>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67653&title=%E2%80%9CCFI%20Releases%20Analysis%20of%20Money%20in%20State%20Elections%E2%80%9D&description=>
>>>
>>> Posted in campaign finance
>>> <http://electionlawblog.org/?cat=10>
>>>
>>>
>>> Lava!
>>> <http://electionlawblog.org/?p=67651>
>>>
>>> Posted on October 30, 2014 9:05 am
>>> <http://electionlawblog.org/?p=67651> by
>>> *Rick Hasen*
>>> <http://electionlawblog.org/?author=3>
>>>
>>> and other things that can mess up an
>>> election administrator's election
>>> day, via Electionline Weekly.
>>> <http://www.electionline.org/index.php/electionline-weekly>
>>>
>>> Share
>>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67651&title=Lava%21&description=>
>>>
>>> Posted in election administration
>>> <http://electionlawblog.org/?cat=18>
>>>
>>>
>>> Fight in South Carolina Over
>>> Replacing Resigning House
>>> Speaker on Ballot
>>> <http://electionlawblog.org/?p=67649>
>>>
>>> Posted on October 30, 2014 7:21 am
>>> <http://electionlawblog.org/?p=67649> by
>>> *Rick Hasen*
>>> <http://electionlawblog.org/?author=3>
>>>
>>> See here
>>> <http://www.postandcourier.com/article/20141030/PC1603/141039975/1031/palmetto-sunrise-decision-on-harrell-district-house-race-today> and
>>> here.
>>> <http://www.postandcourier.com/article/20141029/PC1603/141029303?fb_action_ids=887859377892337&fb_action_types=og.comments>
>>>
>>> Share
>>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67649&title=Fight%20in%20South%20Carolina%20Over%20Replacing%20Resigning%20House%20Speaker%20on%20Ballot&description=>
>>>
>>> Posted in campaigns
>>> <http://electionlawblog.org/?cat=59>
>>>
>>>
>>> "Danger Zone: A Supreme Court
>>> Misstep On Voting Rights"
>>> <http://electionlawblog.org/?p=67647>
>>>
>>> Posted on October 30, 2014 7:19 am
>>> <http://electionlawblog.org/?p=67647> by
>>> *Rick Hasen*
>>> <http://electionlawblog.org/?author=3>
>>>
>>> Linda Greenhouse NYT column
>>> <http://www.nytimes.com/2014/10/30/opinion/a-supreme-court-misstep-on-voting-rights.html?hp&action=click&pgtype=Homepage&module=c-column-top-span-region®ion=c-column-top-span-region&WT.nav=c-column-top-span-region>.
>>>
>>> Share
>>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67647&title=%E2%80%9CDanger%20Zone%3A%20A%20Supreme%20Court%20Misstep%20On%20Voting%20Rights%E2%80%9D&description=>
>>>
>>> Posted in Supreme Court
>>> <http://electionlawblog.org/?cat=29>, The
>>> Voting Wars
>>> <http://electionlawblog.org/?cat=60>, Voting
>>> Rights Act
>>> <http://electionlawblog.org/?cat=15>
>>>
>>>
>>> "Keep On Drillin'? Santa Barbara
>>> Prepares To Vote On Oil Future"
>>> <http://electionlawblog.org/?p=67644>
>>>
>>> Posted on October 30, 2014 7:14 am
>>> <http://electionlawblog.org/?p=67644> by
>>> *Rick Hasen*
>>> <http://electionlawblog.org/?author=3>
>>>
>>> NPR's Kirk Siegler
>>> <http://www.npr.org/2014/10/30/359894342/keep-on-drillin-santa-barbara-prepares-to-vote-on-oil-future?utm_source=twitter.com&utm_medium=social&utm_campaign=morningedition&utm_term=nprnews&utm_content=2054>on
>>> big money being spent on a local
>>> ballot measure.
>>>
>>> Share
>>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67644&title=%E2%80%9CKeep%20On%20Drillin%E2%80%99%3F%20Santa%20Barbara%20Prepares%20To%20Vote%20On%20Oil%20Future%E2%80%9D&description=>
>>>
>>> Posted in campaign finance
>>> <http://electionlawblog.org/?cat=10>, campaigns
>>> <http://electionlawblog.org/?cat=59>
>>>
>>>
>>> "The S.E.C. and Political
>>> Spending"
>>> <http://electionlawblog.org/?p=67642>
>>>
>>> Posted on October 30, 2014 7:10 am
>>> <http://electionlawblog.org/?p=67642> by
>>> *Rick Hasen*
>>> <http://electionlawblog.org/?author=3>
>>>
>>> NYT editorial.
>>> <http://www.nytimes.com/2014/10/30/opinion/the-sec-and-political-spending.html?_r=2>
>>>
>>> Share
>>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67642&title=%E2%80%9CThe%20S.E.C.%20and%20Political%20Spending%E2%80%9D&description=>
>>>
>>> Posted in campaign finance
>>> <http://electionlawblog.org/?cat=10>
>>>
>>>
>>> "Ethics commission approves dark
>>> money regulation"
>>> <http://electionlawblog.org/?p=67640>
>>>
>>> Posted on October 30, 2014 7:09 am
>>> <http://electionlawblog.org/?p=67640> by
>>> *Rick Hasen*
>>> <http://electionlawblog.org/?author=3>
>>>
>>> /San Antonio Express News/
>>> <http://www.expressnews.com/news/local/article/Ethics-commission-approves-dark-money-regulation-5856838.php>:
>>>
>>> /Texas' campaign finance
>>> regulator is set to shine a
>>> light on secret spending in
>>> state elections./
>>>
>>> /The Texas Ethics Commission, in
>>> a unanimous vote Wednesday,
>>> approved a new regulation to
>>> require politically active
>>> nonprofits to disclose donors if
>>> they spend more than 25 percent
>>> of their annual budget on
>>> politicking./
>>>
>>> Share
>>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67640&title=%E2%80%9CEthics%20commission%20approves%20dark%20money%20regulation%E2%80%9D&description=>
>>>
>>> Posted in campaign finance
>>> <http://electionlawblog.org/?cat=10>
>>>
>>>
>>> "Beth White Hoist on Her Own
>>> Petard"
>>> <http://electionlawblog.org/?p=67638>
>>>
>>> Posted on October 30, 2014 7:06 am
>>> <http://electionlawblog.org/?p=67638> by
>>> *Rick Hasen*
>>> <http://electionlawblog.org/?author=3>
>>>
>>> Robbin Stewart.
>>> <http://ballots.blogspot.com/2014/10/beth-white-hoist-by-own-petard-httpwww.html> More
>>> here.
>>> <http://ballots.blogspot.com/2014/10/placeholder-for-post-to-write-tomorrow.html>
>>>
>>> Share
>>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67638&title=%E2%80%9CBeth%20White%20Hoist%20on%20Her%20Own%20Petard%E2%80%9D&description=>
>>>
>>> Posted in campaign finance
>>> <http://electionlawblog.org/?cat=10>, campaigns
>>> <http://electionlawblog.org/?cat=59>
>>>
>>>
>>> "How Canadian Corporations are
>>> Tipping the Scales in US
>>> Politics"
>>> <http://electionlawblog.org/?p=67636>
>>>
>>> Posted on October 30, 2014 7:05 am
>>> <http://electionlawblog.org/?p=67636> by
>>> *Rick Hasen*
>>> <http://electionlawblog.org/?author=3>
>>>
>>> The /Globe and Mail/ reports.
>>> <http://www.theglobeandmail.com/report-on-business/international-business/how-canadian-corporations-are-tipping-the-scales-in-us-politics/article21357759/>
>>>
>>> Share
>>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67636&title=%E2%80%9CHow%20Canadian%20Corporations%20are%20Tipping%20the%20Scales%20in%20US%20Politics%E2%80%9D&description=>
>>>
>>> Posted in campaign finance
>>> <http://electionlawblog.org/?cat=10>
>>>
>>>
>>> "Election Analysis Blog
>>> Launched"
>>> <http://electionlawblog.org/?p=67634>
>>>
>>> Posted on October 30, 2014 7:02 am
>>> <http://electionlawblog.org/?p=67634> by
>>> *Rick Hasen*
>>> <http://electionlawblog.org/?author=3>
>>>
>>> Press release
>>> <http://www.law.uky.edu/index.php?nid=247>:
>>>
>>> /The University of Kentucky
>>> College of Law Election Law
>>> Society, a law student
>>> organization, and election law
>>> professor, Joshua A. Douglas,
>>> announce the first of its kind
>>> at UK -- an Election Analysis
>>> Blog.
>>> http://www.uky.edu/electionlaw//
>>>
>>> /Professor Douglas, the Robert
>>> G. Lawson and William H. Fortune
>>> Associate Professor of Law, and
>>> students from the Election Law
>>> Society will provide live
>>> analysis on legal issues
>>> surrounding the election as
>>> results pour in across the
>>> Commonwealth and the nation.
>>> They will field questions from
>>> the general public and media and
>>> provide ongoing commentary on
>>> any legal issues that may arise./
>>>
>>> /There have already been
>>> significant lawsuits in the past
>>> few weeks -- about Kentucky's
>>> 300-foot ban on electioneering
>>> around a polling site,
>>> allegations of false campaign
>>> advertising, voter ID laws, and
>>> more -- that will impact
>>> Election Day. The U.S. Senate
>>> race in Kentucky between Alison
>>> Lundergan Grimes and Mitch
>>> McConnell is one of the most
>>> expensive -- and potentially one
>>> of the closest -- in the
>>> country. UK's Election Analysis
>>> Blog will chronicle it all./
>>>
>>> Good luck to Josh Douglas and the
>>> students at UK. They join the great
>>> State of Elections
>>> <http://stateofelections.com/> blog
>>> at William and Mary whose law
>>> students do a consistently excellent
>>> job.
>>>
>>> Share
>>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67634&title=%E2%80%9CElection%20Analysis%20Blog%20Launched%E2%80%9D&description=>
>>>
>>> Posted in Uncategorized
>>> <http://electionlawblog.org/?cat=1>
>>>
>>>
>>> "Sandra Fluke's Election Bid
>>> Opposed By One Big-Spending
>>> Businessman"
>>> <http://electionlawblog.org/?p=67632>
>>>
>>> Posted on October 30, 2014 6:58 am
>>> <http://electionlawblog.org/?p=67632> by
>>> *Rick Hasen*
>>> <http://electionlawblog.org/?author=3>
>>>
>>> Paul Blumenthal
>>> <http://www.huffingtonpost.com/2014/10/30/sandra-fluke-election_n_6070726.html> reports
>>> for HuffPo.
>>>
>>> Share
>>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67632&title=%E2%80%9CSandra%20Fluke%E2%80%99s%20Election%20Bid%20Opposed%20By%20One%20Big-Spending%20Businessman%E2%80%9D&description=>
>>>
>>> Posted in campaign finance
>>> <http://electionlawblog.org/?cat=10>, campaigns
>>> <http://electionlawblog.org/?cat=59>
>>>
>>> --
>>>
>>> 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 <tel:949.824.3072> - office
>>>
>>> 949.824.0495 <tel:949.824.0495> - fax
>>>
>>> rhasen at law.uci.edu <mailto:rhasen at law.uci.edu>
>>>
>>> http://www.law.uci.edu/faculty/full-time/hasen/
>>>
>>> http://electionlawblog.org
>>>
>>>
>>> _______________________________________________
>>> Law-election mailing list
>>> Law-election at department-lists.uci.edu <mailto:Law-election at department-lists.uci.edu>
>>> http://department-lists.uci.edu/mailman/listinfo/law-election
>>>
>>> ------------------------------------------------------------------------
>>>
>>> NOTICE: This communication may
>>> contain privileged or other
>>> confidential information. If you
>>> have received it in error, please
>>> advise the sender by reply email and
>>> immediately delete the message and
>>> any attachments without copying or
>>> disclosing the contents. Thank you.
>>>
>>>
>>> _______________________________________________
>>> Law-election mailing list
>>> Law-election at department-lists.uci.edu <mailto:Law-election at department-lists.uci.edu>
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>>>
>>>
>>>
>>> _______________________________________________
>>>
>>> Law-election mailing list
>>>
>>> Law-election at department-lists.uci.edu <mailto:Law-election at department-lists.uci.edu>
>>>
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>>>
>>>
>>>
>>>
>>>
>>>
>>> --
>>>
>>> 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 <tel:949.824.3072> - office
>>>
>>> 949.824.0495 <tel:949.824.0495> - fax
>>>
>>> rhasen at law.uci.edu <mailto:rhasen at law.uci.edu>
>>>
>>> http://www.law.uci.edu/faculty/full-time/hasen/
>>>
>>> http://electionlawblog.org
>>>
>>>
>>> _______________________________________________
>>> Law-election mailing list
>>> Law-election at department-lists.uci.edu
>>> <mailto:Law-election at department-lists.uci.edu>
>>> http://department-lists.uci.edu/mailman/listinfo/law-election
>>>
>>>
>>>
>>>
>>> --
>>>
>>> David Schultz, Professor
>>> Editor, Journal of Public Affairs
>>> Education (JPAE)
>>> Hamline University
>>> Department of Political Science
>>>
>>> 1536 Hewitt Ave
>>>
>>> MS B 1805
>>> St. Paul, Minnesota 55104
>>> 651.523.2858 <tel:651.523.2858> (voice)
>>> 651.523.3170 <tel:651.523.3170> (fax)
>>> http://davidschultz.efoliomn.com/
>>> http://works.bepress.com/david_schultz/
>>> http://schultzstake.blogspot.com/
>>> Twitter: @ProfDSchultz
>>> My latest book: Election Law and
>>> Democratic Theory, Ashgate Publishing
>>> http://www.ashgate.com/isbn/9780754675433
>>> FacultyRow SuperProfessor, 2012, 2013, 2014
>>>
>>>
>>> _______________________________________________
>>> Law-election mailing list
>>> Law-election at department-lists.uci.edu
>>> <mailto:Law-election at department-lists.uci.edu>
>>> http://department-lists.uci.edu/mailman/listinfo/law-election
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>>>
>>>
>>>
>>>
>>>
>>>
>>> _______________________________________________
>>>
>>> Law-election mailing list
>>>
>>> Law-election at department-lists.uci.edu <mailto:Law-election at department-lists.uci.edu>
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>>>
>>> _______________________________________________
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>>> Law-election at department-lists.uci.edu
>>> <mailto:Law-election at department-lists.uci.edu>
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>>> Law-election at department-lists.uci.edu <mailto:Law-election at department-lists.uci.edu>
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>>
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