[EL] ELB News and Commentary 11/25/14

Sun Nov 23 20:50:13 PST 2014

    "Campaign Finance and American Democracy"
    <http://electionlawblog.org/?p=68606>

Posted onNovember 23, 2014 8:49 pm 
<http://electionlawblog.org/?p=68606>byRick Hasen 
<http://electionlawblog.org/?author=3>

Yasmin Dawood has postedthis draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2528587>on SSRN 
(forthcoming, /Annual Review of Political Science/). Here is the abstract:

    This review essay considers the scholarly literature on campaign
    finance regulation in the United States. It charts the original
    debate about campaign finance regulation and its subsequent
    evolution in both political theory and constitutional law. It also
    identifies current areas of inquiry and new directions in research.
    In addition, it surveys some of the findings within the empirical
    literature in political science and economics. In terms of general
    trends, the scholarly treatment of campaign finance regulation has
    become increasingly focused on fundamental questions about
    democratic governance and democratic values. While the connection
    between campaign finance regulation and the nature of democracy has
    always been a subject of study, in recent years this relationship
    has become the predominant focus of several fields of inquiry. The
    topic of campaign finance regulation has generated profound debates
    about democratic participation, representation, free speech,
    political equality, liberty, and the organization and distribution
    of political power in government and society.

I read an earlier draft of this great, synthetic piece. Highly recommended!

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme 
Court <http://electionlawblog.org/?cat=29>

    John Harwood NYT Article Blames Lack of Technical Corrections on ACA
    Bill on Partisan Polarization <http://electionlawblog.org/?p=68604>

Posted onNovember 23, 2014 8:41 pm 
<http://electionlawblog.org/?p=68604>byRick Hasen 
<http://electionlawblog.org/?author=3>

This on King v. Bruwell seems clearly right 
<http://www.nytimes.com/2014/11/24/us/politics/in-partisan-washington-health-law-faces-grave-legal-technicalities.html?ref=politics>, 
and formed the background of myrecent LA Times oped 
<http://www.latimes.com/opinion/op-ed/la-oe-hasen-roberts-supreme-court-obamacare-20141113-story.html>, 
which included this passage:

    Even if Congress were to come together in a bipartisan way to
    override some statutory interpretations of the Supreme Court, there
    is no way it is going to override the Supreme Court on the
    Affordable Care Act. The House has voted dozens of times to repeal
    the healthcare law in its entirety; there is little chance it would
    step in now to save a law its members have so long maligned.

    Roberts can point to many past cases in which court decisions have
    initiated a "dialogue" with Congress, which then stepped in with
    legislation to correct what it saw as errors in the court's
    interpretation of congressional statutes.

    In today's fraught political environment, court-Congress dialogues
    are not generally possible.  But that might not stop Roberts from
    citing the possibility of such a dialogue  --- especially if what he
    is really seeking is political cover and a chance to redeem his
    controversial earlier ruling on the Affordable Care Act with a new
    one that hobbles a key part of the law.

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Posted inlegislation and legislatures 
<http://electionlawblog.org/?cat=27>,political polarization 
<http://electionlawblog.org/?cat=68>

    Kobach v. Obama <http://electionlawblog.org/?p=68602>

Posted onNovember 23, 2014 4:47 pm 
<http://electionlawblog.org/?p=68602>byRick Hasen 
<http://electionlawblog.org/?author=3>

WaPo<http://www.washingtonpost.com/national/2014/11/22/f6d2b3fe-728a-11e4-ad12-3734c461eab6_story.html>on 
the role of KS SOS Kris Kobach in the fight over President Obama's 
executive order on immigration.

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Posted inUncategorized <http://electionlawblog.org/?cat=1>

    "Bipartisan support develops for state election changes"
    <http://electionlawblog.org/?p=68600>

Posted onNovember 23, 2014 4:45 pm 
<http://electionlawblog.org/?p=68600>byRick Hasen 
<http://electionlawblog.org/?author=3>

AP 
<http://www.theday.com/state-news/20141123/bipartisan-support-develops-for-state-election-changes>:

    Fresh off an election marked by polling places that opened late and
    long wait times, both Democrats and Republicans appear willing to
    consider changes to Connecticut's elections system when lawmakers
    return to the state Capitol in January.

    Members of both parties agree the state needs to do something to
    professionalize a bifurcated system in which locally elected
    registrars of voters run the elections and the Secretary of the
    State's Office interprets state election law.

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Posted inelection administration <http://electionlawblog.org/?cat=18>

    "Editorial: Fix This Ridiculous Map"
    <http://electionlawblog.org/?p=68598>

Posted onNovember 23, 2014 4:41 pm 
<http://electionlawblog.org/?p=68598>byRick Hasen 
<http://electionlawblog.org/?author=3>

The /Cincinnati Enquirer reports./ 
<http://www.cincinnati.com/story/opinion/editorials/2014/11/22/editorial-fix-ridiculous-map/19431159/>

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Posted inredistricting <http://electionlawblog.org/?cat=6>

    "Gerrymandering is a Texas tradition whose time has come and gone"
    <http://electionlawblog.org/?p=68596>

Posted onNovember 23, 2014 4:39 pm 
<http://electionlawblog.org/?p=68596>byRick Hasen 
<http://electionlawblog.org/?author=3>

Michael Li oped. 
<http://www.mysanantonio.com/opinion/commentary/article/Gerrymandering-is-a-Texas-tradition-whose-time-5907532.php>

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Posted incitizen commissions 
<http://electionlawblog.org/?cat=7>,redistricting 
<http://electionlawblog.org/?cat=6>

    "Judicial elections getting more political with new campaign
    spending" <http://electionlawblog.org/?p=68594>

Posted onNovember 23, 2014 3:36 pm 
<http://electionlawblog.org/?p=68594>byRick Hasen 
<http://electionlawblog.org/?author=3>

Front-page 
<http://www.latimes.com/nation/politics/la-na-judicial-elections-20141123-story.html#page=1>LAT 
report.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>,judicial elections 
<http://electionlawblog.org/?cat=19>

    "Glendale City Council to discuss scrapping at-large election
    system" <http://electionlawblog.org/?p=68592>

Posted onNovember 23, 2014 3:33 pm 
<http://electionlawblog.org/?p=68592>byRick Hasen 
<http://electionlawblog.org/?author=3>

More fallout 
<http://www.latimes.com/local/lanow/la-me-ln-glendale-to-consider-bydistrict-elections-20141122-story.html>from 
the CVRA.

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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>

    Supreme Court Sets Jan. 20 Oral Argument Date in Williams-Yulee
    Judicial Campaign Solicitation Case
    <http://electionlawblog.org/?p=68590>

Posted onNovember 23, 2014 3:30 pm 
<http://electionlawblog.org/?p=68590>byRick Hasen 
<http://electionlawblog.org/?author=3>

Via SCOTUSBlog. 
<http://www.scotusblog.com/2014/11/january-arguments-day-by-day-7/>

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>,judicial elections 
<http://electionlawblog.org/?cat=19>,Supreme Court 
<http://electionlawblog.org/?cat=29>

    "Exclusive: new emails reveal efforts to redraw Florida political
    lines to favor Republicans" <http://electionlawblog.org/?p=68587>

Posted onNovember 23, 2014 3:23 pm 
<http://electionlawblog.org/?p=68587>byRick Hasen 
<http://electionlawblog.org/?author=3>

Naples Daily News: 
<http://www.tampabay.com/news/politics/stateroundup/florida-house-rejects-election-returns-for-tampas-district-64-special/2206941>

    More than 500-pages of emails kept secret during an ongoing
    redistricting legal battle shed light on the behind-the-scene
    efforts by a handful of GOP political consultants to influence
    Florida's political lines, according to documents obtained by the
    Scripps-Tribune Capital Bureau.

    They highlight, among other things, an early plan that would have
    drawn the then-longest serving GOP member of Congress out of office,
    the admission that former state Sen. John Thrasher did not live in
    his district, and a strategy to use a well-known GOP consultant to
    recruit people to submit maps as part of the formal process.

    The documents also include discussion of strategies to bring "more
    population...to minority districts." During the more than two-year
    legal fight, plaintiffs raised concerns about "packing," or placing
    usually Democratic-leaning minority voters into a single district to
    make the surrounding seats more Republican.

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Posted inredistricting <http://electionlawblog.org/?cat=6>,Voting Rights 
Act <http://electionlawblog.org/?cat=15>

    "Florida House rejects Tampa's District 64 election results; special
    vote to come" <http://electionlawblog.org/?p=68585>

Posted onNovember 23, 2014 3:20 pm 
<http://electionlawblog.org/?p=68585>byRick Hasen 
<http://electionlawblog.org/?author=3>

The Tampa Bay Times reports. 
<http://www.tampabay.com/news/politics/stateroundup/florida-house-rejects-election-returns-for-tampas-district-64-special/2206941>

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Posted inballot access <http://electionlawblog.org/?cat=46>,campaigns 
<http://electionlawblog.org/?cat=59>,election administration 
<http://electionlawblog.org/?cat=18>

    "SNL's Obama Shoves The Schoolhouse Rock Bill Down The Capitol
    Steps" <http://electionlawblog.org/?p=68583>

Posted onNovember 23, 2014 3:17 pm 
<http://electionlawblog.org/?p=68583>byRick Hasen 
<http://electionlawblog.org/?author=3>

This 
latest<http://www.mediaite.com/tv/snls-obama-shoves-the-schoolhouse-rock-bill-down-the-capital-steps/>I'm 
Just a Bill parody is one of the best.

Here is my collection 
<http://electionlawblog.org/?s=%22I%27m+just+a+bill%22&x=0&y=0>of 
earlier parodies.

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Posted inlegislation and legislatures <http://electionlawblog.org/?cat=27>

    "Recovered Data May Show if I.R.S. Targeted Conservatives"
    <http://electionlawblog.org/?p=68579>

Posted onNovember 22, 2014 7:20 pm 
<http://electionlawblog.org/?p=68579>byRick Hasen 
<http://electionlawblog.org/?author=3>

NYT reports. 
<http://www.nytimes.com/2014/11/22/us/recovered-data-may-show-if-irs-targeted-conservatives.html?ref=politics&_r=0>

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,tax law 
and election law <http://electionlawblog.org/?cat=22>

    "Ex-SCI executive Michael Giorgio gets 27 months in prison"
    <http://electionlawblog.org/?p=68577>

Posted onNovember 22, 2014 6:54 pm 
<http://electionlawblog.org/?p=68577>byRick Hasen 
<http://electionlawblog.org/?author=3>

More on the Suarez prosecution. 
<http://www.cantonrep.com/apps/pbcs.dll/article?AID=%2F20141121%2FNEWS%2F141129846>

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery 
<http://electionlawblog.org/?cat=12>

    "Meet the Fortune 500 Companies Funding the Political Resegregation
    of America" <http://electionlawblog.org/?p=68575>

Posted onNovember 22, 2014 6:45 pm 
<http://electionlawblog.org/?p=68575>byRick Hasen 
<http://electionlawblog.org/?author=3>

Andy Kroll 
<http://www.motherjones.com/politics/2014/11/rslc-redistricting-fortune-500-political-resegregation> reports.

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Posted inredistricting <http://electionlawblog.org/?cat=6>

    "Overview of First Amendment Issues in Initiative Proponent
    Disclosure Case" <http://electionlawblog.org/?p=68569>

Posted onNovember 22, 2014 6:32 pm 
<http://electionlawblog.org/?p=68569>byRick Hasen 
<http://electionlawblog.org/?author=3>

*The following is a guest post by Emily Hogin. Hogin is a second-year 
law student at Harvard Law School, where she is an editor on the/Harvard 
Law Review/.*

On December 16, the en banc Ninth Circuit will hear oral arguments 
in/Chula Vista Citizens for Jobs and Fair Competition v. Norris/. The 
panel had struck down California's law requiring initiative proponents 
to identify themselves on official petitions. The case presents new and 
thorny First Amendment questions about the right to anonymous speech on 
the one hand and the value of government transparency on the other --- 
and it might be headed to the Supreme Court. See below for an overview 
of the legal issues involved.

Continue reading? <http://electionlawblog.org/?p=68569#more-68569>

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,direct 
democracy <http://electionlawblog.org/?cat=62>

    True the Vote Fundraising Appeal Predicts Noncitizen Voting,
    Citizens Turned into "Subjects" <http://electionlawblog.org/?p=68565>

Posted onNovember 21, 2014 2:57 pm 
<http://electionlawblog.org/?p=68565>byRick Hasen 
<http://electionlawblog.org/?author=3>

Sigh (and the reference to "ammunition" is particularly disturbing):

    *
    URGENT *
    *TRUE THE VOTE NEEDS YOUR HELP TO KEEP ELECTIONS AMNESTY-FREE*

    Congress can talk of repeal, the states can talk of lawsuits; but
    while all the political sabers rattle in stereo, our attention is
    being diverted from the process failure that will skew American
    elections for generations to come.
    We already know federal government databases are unstable. Now,
    millions of new names will soon be flooding into them. Our states
    are not prepared to deal with the coming influx of illegal aliens
    wanting social service programs including Medicaid, food stamps,
    welfare, taxpayer-funded credits and, of course, drivers' licenses.
      These programs are run independently and have few, if any,
    firewalls to ensure that noncitizens don't end up as registered voters.
    *The co-mingling of citizens and noncitizens into databases with
    limited capacity for secure segmentation will result in noncitizens
    voting. Count on it. *
    The 2014 election cycle showed us clear, repeated evidences of state
    limitations in segmenting data pools -- case in point, North
    Carolina, where noncitizens were registered to vote while receiving
    drivers' licenses.
    Our country can handle just about anything.  But, when the votes of
    citizens can be diluted or negated by the fraudulent votes of
    noncitizens numbering in the millions, *it is entirely possible that
    in the course of one election cycle we could find ourselves
    fundamentally transformed from citizens to subjects. *
    True the Vote offers one of the few remaining ways that the voice of
    the American citizen voter can be both protected and strengthened.
      Our biggest challenge is funding.  The courtroom battles and
    technology build-outs of 2014 prepared us to advance election
    integrity programs in ways never before seen.  So now, with your
    support, it's time to take those technologies and messages on the
    road.  To states and counties, to local communities, to our fellow
    citizens.  We want to lay a clear course for citizen-led action --
    to equip you to protect the sanctity of your vote on all fronts,
    from neighborhood events to legislative sessions.
    I don't think I've ever asked for your help as emphatically as I am
    right now.*  We are fighting on the front lines, but we are running
    out of ammunition at the worst possible time.*
    Words can never express how thankful we are for your past support.
      Now, we are asking you to invest again in True the Vote and the
    work we do.  Please, click here and donate. Then, forward this
    message to your friends and ask them to donate, too.
    If our elections aren't truly fair, we aren't truly free. *Please
    contribute to the cause of freedom.* If we don't work together to
    protect our vote...who will? It's up to us, working together.  And
    together, we really can True the Vote.
    Thank you, again and as always, for your unwavering support.
    Onward -
    Catherine Engelbrecht

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Posted infraudulent fraud squad <http://electionlawblog.org/?cat=8>,The 
Voting Wars <http://electionlawblog.org/?cat=60>

    "Kobach to revive proposal to give Kansas secretary of state power
    to prosecute election fraud" <http://electionlawblog.org/?p=68563>

Posted onNovember 21, 2014 2:25 pm 
<http://electionlawblog.org/?p=68563>byRick Hasen 
<http://electionlawblog.org/?author=3>

AP reports. 
<http://www.therepublic.com/view/story/f90c4e2cd0e343419062eb5dd1f60b23/KS--Election-Fraud-Kansas>

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>

    "Decision Upholds Candidate's Free Speech Rights"
    <http://electionlawblog.org/?p=68561>

Posted onNovember 21, 2014 2:18 pm 
<http://electionlawblog.org/?p=68561>byRick Hasen 
<http://electionlawblog.org/?author=3>

ACLU of Indianapress release: 
<http://www.aclu-in.org/news/262-decision-upholds-candidate-s-free-speech-rights>"Political 
parties in Marion County cannot prevent the free speech activities of 
candidates they do not back for election, and county officials cannot 
enforce an unconstitutional law used to impede such speech, a federal 
judgeaffirmed toda 
<http://indianalawblog.com/documents/finaljudgmentSIGNED11-18-14.pdf>y."

MORE 
<http://indianalawblog.com/archives/2014/11/ind_decisions_i_169.html>at 
the Indiana Law Blog.

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Posted incampaigns <http://electionlawblog.org/?cat=59>,political 
parties <http://electionlawblog.org/?cat=25>

    "30,000 missing emails from IRS' Lerner recovered"
    <http://electionlawblog.org/?p=68559>

Posted onNovember 21, 2014 2:09 pm 
<http://electionlawblog.org/?p=68559>byRick Hasen 
<http://electionlawblog.org/?author=3>

Lots of reading 
<http://www.washingtonexaminer.com/30k-missing-irs-emails-recovered/article/2556522>.

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Posted inUncategorized <http://electionlawblog.org/?cat=1>

    "Judge in Obamacare Suit Presided Over Drone, Voting Rights Cases"
    <http://electionlawblog.org/?p=68557>

Posted onNovember 21, 2014 2:05 pm 
<http://electionlawblog.org/?p=68557>byRick Hasen 
<http://electionlawblog.org/?author=3>

BLT reports. 
<http://www.nationallawjournal.com/legaltimes/home/id=1202677127225/Judge-on-Obamacare-Suit-Presided-Over-Drone-Voting-Rights-Cases?mcode=1202615432600&curindex=0&back=NLJ&slreturn=20141021170349>

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Posted inUncategorized <http://electionlawblog.org/?cat=1>

    RNC Surprisingly Drops Challenge to Federal Soft Money Limits
    <http://electionlawblog.org/?p=68555>

Posted onNovember 21, 2014 2:00 pm 
<http://electionlawblog.org/?p=68555>byRick Hasen 
<http://electionlawblog.org/?author=3>

Huh. Bloomberg BNA says the RNC won't comment and the FEC will only say 
the voluntary dismissal was sought by the RNC.

I thought this challenge had a reasonably good chance of success, not in 
the DC Court of Appeal but in the Supreme Court.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,political 
parties <http://electionlawblog.org/?cat=25>

    "Kris Kobach dismisses controversy over 'ethnic cleansing' comment"
    <http://electionlawblog.org/?p=68553>

Posted onNovember 21, 2014 10:40 am 
<http://electionlawblog.org/?p=68553>byRick Hasen 
<http://electionlawblog.org/?author=3>

Brian Lowry reports 
<http://www.kansas.com/news/politics-government/article4047969.html>for 
the/Topeka Eagle/.

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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 - office 949.824.0495 - fax rhasen at law.uci.edu 
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