[EL] ELB News and Commentary 11/17/14
Rick Hasen
rhasen at law.uci.edu
Mon Nov 17 08:00:28 PST 2014
"How the GOP used Twitter to stretch election laws"
<http://electionlawblog.org/?p=68432>
Posted onNovember 17, 2014 7:48 am
<http://electionlawblog.org/?p=68432>byRick Hasen
<http://electionlawblog.org/?author=3>
Chris Moody
<http://www.cnn.com/2014/11/17/politics/twitter-republicans-outside-groups/index.html>with
the campaign finance coordination story of the season on CNN:
Republicans and outside groups used anonymous Twitter accounts to
share internal polling data ahead of the midterm elections, CNN has
learned, a practice that raises questions about whether they
violated campaign finance laws that prohibit coordination.
The Twitter accounts were hidden in plain sight. The profiles were
publicly available but meaningless without knowledge of how to find
them and decode the information, according to a source with
knowledge of the activities.
The practice is the latest effort in the quest by political
operatives to exploit the murky world of campaign finance laws at a
time when limits on spending in politics are eroding and regulators
are being defanged.
The law says that outside groups, such as super PACs and
non-profits, can spend freely on political causes as long as they
don't coordinate their plans with campaigns. Sharing costly internal
polls in private, for instance, could signal to the campaign
committees where to focus precious time and resources.
The groups behind the operation had a sense of humor about what they
were doing. One Twitter account was named after Bruno Gianelli, a
fictional character in /The West Wing /who pressed his colleagues to
use ethically questionable "soft money" to fund campaigns.
A typical tweet read:
"CA-40/43-44/49-44/44-50/36-44/49-10/16/14-52-->49/476-10s." The
source said posts like that --- which would look like gibberish to
most people --- represented polling data for various House races.
Posting the information on Twitter, which is technically public,
could provide a convenient loophole to the law --- or could run
afoul of it.
See also
<http://www.cnn.com/video/?/video/politics/2014/11/14/moody-twitter-story.cnn&video_referrer=>the
related video.
My first impression is that Ken Gross, quoted in the story, hits the key
question:
"If it truly requires some sort of Ovaltine decoder ring to make
heads or tails of the information, then there certainly is the
possibility that there was some pre-arrangement," Gross said. "Just
making it public is not enough. You have to further meet the
requirement of no pre-arrangement or coordination. But it is the
burden of the government to demonstrate that.
I expect we will hear much more from this as other campaign finance
reporters work on this story.
I would love to hear the back story of how Chris discovered this. Wow.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"US justices could toss legislative maps in AZ"
<http://electionlawblog.org/?p=68430>
Posted onNovember 17, 2014 7:32 am
<http://electionlawblog.org/?p=68430>byRick Hasen
<http://electionlawblog.org/?author=3>
Thor's back
<http://tucson.com/news/local/govt-and-politics/elections/us-justices-could-toss-legislative-maps-in-az/article_fc8be24e-dcfe-5497-9dac-4f58f3f212bc.html>.
(For newer blog readers, my earlierThor Hearne
<http://electionlawblog.org/?s=%22thor+hearne%22&x=0&y=0>coverage.)
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Posted infraudulent fraud squad
<http://electionlawblog.org/?cat=8>,redistricting
<http://electionlawblog.org/?cat=6>
"Voter ID laws: A microcosm of a divided America"
<http://electionlawblog.org/?p=68428>
Posted onNovember 17, 2014 7:28 am
<http://electionlawblog.org/?p=68428>byRick Hasen
<http://electionlawblog.org/?author=3>
Aaron Blake
writes<http://www.washingtonpost.com/blogs/the-fix/wp/2014/11/17/voter-id-laws-a-microcosm-of-a-divided-america/>for
WaPo.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter id
<http://electionlawblog.org/?cat=9>
"Nancy Pelosi: You Gotta Fight Cash with Cash"
<http://electionlawblog.org/?p=68426>
Posted onNovember 17, 2014 7:26 am
<http://electionlawblog.org/?p=68426>byRick Hasen
<http://electionlawblog.org/?author=3>
Vogel
<http://www.politico.com/story/2014/11/nancy-pelosi-donors-democracy-alliance-112916.html#ixzz3JIrPuEjf>for
Politico.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Why Did A Campaign Finance Reform Group Fall Short On Election
Day?" <http://electionlawblog.org/?p=68424>
Posted onNovember 17, 2014 7:25 am
<http://electionlawblog.org/?p=68424>byRick Hasen
<http://electionlawblog.org/?author=3>
Larry Lessig sits down
<http://www.npr.org/2014/11/15/364355101/why-did-a-campaign-finance-reform-group-fall-short-on-election-day>with
Arun Rath on NPR's All Things Considered Weekend.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Two Charged in Campaign Finance Case; De Blasio Aide Backs Out of
Speaking With Special Prosecutor" <http://electionlawblog.org/?p=68422>
Posted onNovember 17, 2014 7:21 am
<http://electionlawblog.org/?p=68422>byRick Hasen
<http://electionlawblog.org/?author=3>
WSJ
<http://online.wsj.com/articles/two-charged-in-campaign-finance-case-1416017209>:
Since 2012, Mr. Adler has been investigating the Working Families
Party's relationship with Data & Field Services, a corporation
formed by the left-leaning party to provide its candidates with
get-out-the-vote staffing and expertise.
Investigators are looking at whether the for-profit firm charged
significantly lower fees than is typical for such services,
potentially providing an unfair advantage to favored candidates.
According to a criminal complaint, David Thomas, who served as
treasurer in Councilwoman Debi Rose's 2009 campaign, and Ms. Rose's
campaign have been charged with grand larceny in the third degree
and a variety of other charges. David Jones, a political consultant,
was charged with grand larceny in the third degree.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery
<http://electionlawblog.org/?cat=12>
Bauer Doesn't Like Linda Greenhouse's Comparison of ACA Case to Bush
v. Gore <http://electionlawblog.org/?p=68420>
Posted onNovember 17, 2014 7:16 am
<http://electionlawblog.org/?p=68420>byRick Hasen
<http://electionlawblog.org/?author=3>
Read.
<http://www.moresoftmoneyhardlaw.com/2014/11/bush-v-gore-bad-hair-days-court/>
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Posted inBush v. Gore reflections
<http://electionlawblog.org/?cat=5>,Supreme Court
<http://electionlawblog.org/?cat=29>
"Edward Fitzpatrick: Gorbea weighs in on voter ID, mail ballots,
trailblazing" <http://electionlawblog.org/?p=68417>
Posted onNovember 16, 2014 7:50 pm
<http://electionlawblog.org/?p=68417>byRick Hasen
<http://electionlawblog.org/?author=3>
News
<http://www.providencejournal.com/writers/edward-fitzpatrick/20141115-edward-fitzpatrick-gorbea-weighs-in-on-voter-id-mail-ballots-trailblazing.ece>from
Rhode Island.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
"In Alabama, Still Segregating Voters by Race"
<http://electionlawblog.org/?p=68415>
Posted onNovember 16, 2014 7:50 pm
<http://electionlawblog.org/?p=68415>byRick Hasen
<http://electionlawblog.org/?author=3>
Jost on Justice
<http://jostonjustice.blogspot.com/2014/11/in-alabama-still-segregating-voters-by.html>.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
"Invest in Smarter Government" <http://electionlawblog.org/?p=68411>
Posted onNovember 15, 2014 2:35 pm
<http://electionlawblog.org/?p=68411>byRick Hasen
<http://electionlawblog.org/?author=3>
Lee
Drutman<http://www.cato.org/publications/conference-paper/invest-smarter-government>for
Cato:
Congressional offices are thus stretched thin. They lack resources
to develop and execute policies. What this means is that to get its
work done, Congress has to rely significantly on lobbyists
representing some very narrow interests, primarily large
corporations and business associations who tend to benefit from the
status quo. It's hard to get anything done in Washington if you
don't have significant help from outside lobbyists, anyway.
Lobbyists play essential roles in shepherding legislation through
--- drafting and vetting laws, building coalitions, and ensuring
widespread support.11
By my count (looking at disbursement data), the Senate spent $490
million on compensation, and the House spends $876 million, a total
of $1.37 billion, in 2013. If this seems like a lot of money,
consider that it is 0.03% of the total federal budget of $3.6
trillion. It is also less than half of the $3.24 billion spent on
direct lobbying in 2013 (which itself is probably less than half of
the money actually spent on lobbying). Since the Republicans took
control of the House in January 2011, they've cut committee staffs
by 20 percent. Congress is being run on the cheap.
Here's what I would do with my wave of the magic wand. I would
triple the amount the Congress spends on staff (keeping it still at
just under 0.1% of the total federal budget). I'd also concentrate
that spending in the policy committees. I'd give those committees
the resources to be leading institutions for expertise on the issues
on which they deal. I'd also give these committees the resources to
hire their own experts --- economists, lawyers, consultants,
etc.12 But I'd also make sure that these committees were not
explicitly partisan. Rather than Republicans and Democrats having
separate committee staffs, have one committee staff of professionals
and experts. Staff could be a mix of political leanings. But let
them be one team, where they argue and hash out ideas together.
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Posted inlegislation and legislatures
<http://electionlawblog.org/?cat=27>,lobbying
<http://electionlawblog.org/?cat=28>
"Low voter turnout eases ballot-measure requirement"
<http://electionlawblog.org/?p=68409>
Posted onNovember 15, 2014 8:02 am
<http://electionlawblog.org/?p=68409>byRick Hasen
<http://electionlawblog.org/?author=3>
SacBee
<http://www.sacbee.com/news/politics-government/capitol-alert/article3942159.html>:
Got a ballot measure for 2016? You're in luck.
Ballot initiatives two years from now will need about 30 percent
fewer qualifying signatures than they did this year, according to
the political-consulting types at Sacramento's Redwood Pacific
Public Affairs.
The reason: abysmal turnout for the Nov. 4 election. California
requires valid signatures equal to 8 percent of the most recent
gubernatorial vote to qualify a constitutional amendment for the
ballot, 5 percent for regular laws and veto referenda.
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Posted inballot access <http://electionlawblog.org/?cat=46>,direct
democracy <http://electionlawblog.org/?cat=62>
"California officials ponder all-mail voting"
<http://electionlawblog.org/?p=68407>
Posted onNovember 15, 2014 8:01 am
<http://electionlawblog.org/?p=68407>byRick Hasen
<http://electionlawblog.org/?author=3>
SacBee reports
<http://www.sacbee.com/news/politics-government/election/article3943892.html>.
While some opponents believe all-mail elections open the door to
voter fraud, academics and voting-rights advocates worry an all-mail
statewide voting system would further disenfranchise young people,
residents at the lower end of the socio-economic ladder and those
whose native language is not English..
Every election, many ballots go uncounted, including those that are
filled out incorrectly, missing valid signatures or simply mailed in
too late. Research out of UC Davis shows that nearly 3percent of the
vote-by-mail ballots received -- or roughly 91,000 -- in the June
primary election were not counted. It was 1percent, or 69,000
ballots, in the 2012 general election.
"California has one of the highest uncounted mail-ballot counts in
the nation," said Kim Alexander, founder and president of the
California Voter Foundation. "At a time when civic participation is
in decline, I think it's important to nurture the voting process as
much as we can, which means operating polling places and keeping
voting a visible, public act rather than something people only do in
the privacy of their homes."
Other experts doubt moving to all-mail would indeed speed up the
counting process. Much of the lag time is attributable to the large
number of ballots that pour into county elections offices in the
final days and hours.
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Posted inabsentee ballots <http://electionlawblog.org/?cat=53>,election
administration <http://electionlawblog.org/?cat=18>
"The test to textualism in King v. Burwell: A Reply to Abbe Gluck"
<http://electionlawblog.org/?p=68403>
Posted onNovember 15, 2014 7:49 am
<http://electionlawblog.org/?p=68403>byRick Hasen
<http://electionlawblog.org/?author=3>
Looking forward
<http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/11/12/the-test-to-textualism-in-king-v-burwell-a-reply-to-abbe-gluck/>to
digging into Jonathan Adler's analysis, and I hope Abbe Gluck will respond.
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Posted instatutory interpretation
<http://electionlawblog.org/?cat=21>,Supreme Court
<http://electionlawblog.org/?cat=29>
"For Democrats, Turnout Efforts Look Successful (Though Not
Elections)" <http://electionlawblog.org/?p=68401>
Posted onNovember 15, 2014 7:44 am
<http://electionlawblog.org/?p=68401>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT's The UpShot
<http://www.nytimes.com/2014/11/15/upshot/evaluating-the-success-of-democratic-get-out-the-vote-efforts.html?ref=politics&abt=0002&abg=0>looks
at some turnout data, including data on North Carolina early voting.
That's particularly important because there is controversy over whether
the early voting changes made in that state decreased turnout or not.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voting
<http://electionlawblog.org/?cat=31>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
Palast Suggests GOP Voter Purges Helped Republicans Win CO, NC
Senate Race, KSGOV <http://electionlawblog.org/?p=68399>
Posted onNovember 15, 2014 7:36 am
<http://electionlawblog.org/?p=68399>byRick Hasen
<http://electionlawblog.org/?author=3>
Here
<http://america.aljazeera.com/blogs/scrutineer/2014/11/14/voter-purges-alteruspoliticalmap.html>in
Al Jazeera. I'vesuggested using caution
<http://electionlawblog.org/?p=67882>with Palast's claims, and from what
I hear caution remains in order.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
How Rand Paul Might Run for President and KYSEN Reelection
<http://electionlawblog.org/?p=68397>
Posted onNovember 14, 2014 9:24 pm
<http://electionlawblog.org/?p=68397>byRick Hasen
<http://electionlawblog.org/?author=3>
TPM.
<http://talkingpointsmemo.com/dc/rand-paul-run-president-and-re-election>
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
"Republican lawmaker proposes splitting Michigan's electoral votes
in presidential elections" <http://electionlawblog.org/?p=68395>
Posted onNovember 14, 2014 9:20 pm
<http://electionlawblog.org/?p=68395>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo reports.
<http://www.washingtonpost.com/blogs/govbeat/wp/2014/11/14/republican-lawmaker-proposes-splitting-michigans-electoral-votes-in-presidential-elections/>\
Time to dust off my2013 Slate piece
<http://www.slate.com/articles/news_and_politics/politics/2013/01/republican_plans_for_electoral_college_reform_democrats_shouldn_t_worry.html>,
/Democrats, Don't Freak Out! Why fears that Republicans will gerrymander
the Electoral College are overblown./
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Posted inelectoral college <http://electionlawblog.org/?cat=44>
"Ben Suarez sentenced to 15 months in prison"
<http://electionlawblog.org/?p=68393>
Posted onNovember 14, 2014 3:10 pm
<http://electionlawblog.org/?p=68393>byRick Hasen
<http://electionlawblog.org/?author=3>
See here <http://www.cantonrep.com/article/20141114/NEWS/141119541>.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
"Impact of Texas voter ID law unclear"
<http://electionlawblog.org/?p=68390>
Posted onNovember 14, 2014 1:59 pm
<http://electionlawblog.org/?p=68390>byRick Hasen
<http://electionlawblog.org/?author=3>
The Houston Chronicle reports.
<http://www.houstonchronicle.com/news/houston-texas/houston/article/Numbers-confirm-Election-Day-apathy-Voters-5888353.php>
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Posted inelection 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>
"Hispanic Voters File Lawsuit Against Pasadena And Its Voting
Districts" <http://electionlawblog.org/?p=68388>
Posted onNovember 14, 2014 1:38 pm
<http://electionlawblog.org/?p=68388>byRick Hasen
<http://electionlawblog.org/?author=3>
Houston Public Media
<http://www.houstonpublicmedia.org/news/hispanic-voters-file-lawsuit-against-pasadena-voting-districts/>on
anew lawsuit. <http://www.houstonpublicmedia.org/files/4026/> MALDEF is
seeking Pasadena [corrected] "bail in" under Section 3 of the Voting
Rights Act.
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
"Fifth Circuit Reverses Lower Court and Restores Mississippi
Disclosure Requirements" <http://electionlawblog.org/?p=68384>
Posted onNovember 14, 2014 1:35 pm
<http://electionlawblog.org/?p=68384>byRick Hasen
<http://electionlawblog.org/?author=3>
Release
<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=2697:november-14-2014-fifth-circuit-reverses-lower-court-and-restores-mississippi-disclosure-requirements&catid=63:legal-center-press-releases&Itemid=61>:
"Today, in/Justice v. Hosemann/, the United States Court of Appeals for
the Fifth Circuitreversed
<http://www.campaignlegalcenter.org/images/Justice_v_Hosemann_Opinion_11-14-14.pdf>a
trial court ruling that had struck down several Mississippi disclosure
requirements as applied to certain individuals and groups engaged in
ballot measure advocacy. The Campaign Legal Center had filed
an/amicus/brief and later a supplemental letter brief in the case urging
this result."
Institute for Justice release:
"In America, you shouldn't need lawyers and accountants in order to
speak about politics, all you should need is an opinion," said IJ
Attorney Paul Avelar. "But Mississippi insists on keeping laws on
the books that don't benefit the public---they only impose onerous
burdens on speech and scare ordinary Americans away from political
engagement, resulting in less speech."
The plaintiffs have until November 28 to seek rehearing by the full
5th Circuit, or until February 12 to seek review by the U.S. Supreme
Court.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
"Texas Matters: Could Texas Be 'Bailed In' The VRA?"
<http://electionlawblog.org/?p=68382>
Posted onNovember 14, 2014 1:31 pm
<http://electionlawblog.org/?p=68382>byRick Hasen
<http://electionlawblog.org/?author=3>
TPR reports. <http://tpr.org/post/texas-matters-could-texas-be-bailed-vra>
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Posted inDepartment of Justice <http://electionlawblog.org/?cat=26>,The
Voting Wars <http://electionlawblog.org/?cat=60>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
AZ Supreme Court Issues Opinion Explaining Exclusion of Local
Candidate from Ballot <http://electionlawblog.org/?p=68380>
Posted onNovember 14, 2014 11:55 am
<http://electionlawblog.org/?p=68380>byRick Hasen
<http://electionlawblog.org/?author=3>
See here.
<http://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2014/CV140240.pdf>
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Posted inballot access <http://electionlawblog.org/?cat=46>,voting
<http://electionlawblog.org/?cat=31>
Listen to Oral Argument Audio in SCOTUS Alabama Redistricting Case
<http://electionlawblog.org/?p=68378>
Posted onNovember 14, 2014 11:16 am
<http://electionlawblog.org/?p=68378>byRick Hasen
<http://electionlawblog.org/?author=3>
The Court has now posted ithere
<http://www.supremecourt.gov/oral_arguments/audio/2014/13-895>.
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
"Guest Blog: Janai Nelson, Race Reasoning in Alabama Redistricting:
A View from the Supreme Court" <http://electionlawblog.org/?p=68376>
Posted onNovember 14, 2014 9:57 am
<http://electionlawblog.org/?p=68376>byRick Hasen
<http://electionlawblog.org/?author=3>
Here
<http://hamilton-griffin.com/guest-blog-janai-nelson-race-reasoning-in-alabama-redistricting-a-view-from-the-supreme-court/>:
If ultimately forced to draw a new plan in the current
post-/Shelby/ world, Alabama would no longer have Section 5 to rely
on---for better or worse. Instead, it would have to take account of
the Voting Rights Act's other anti-discrimination weapon, Section 2,
which prohibits any voting law that results in vote dilution or
denial on account of race---and, of course, the constitution. Near
the close of the argument, Justice Alito alluded to this possibility
by querying how Section 2 might factor in to the drawing of a new
plan. Undoubtedly, we should expect any new plan that might arise
from this case to find its way before the Court for a reprise of
similar quandaries around race, partisanship, and power. That plan,
like this one, should be viewed in the context of Alabama's unending
wily schemes to minimize minority voting power, including using
false claims to protect it.
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org
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