[EL] The terror of James O'Keefe
Justin Levitt
levittj at lls.edu
Fri Oct 31 12:03:30 PDT 2014
"The point, of course, is simply to show just how easy certain actions
could be."
Really? If that's really it, I don't know why anyone's paying
attention. Or, conversely, if what really matters is how easy crime
_could_ be, I don't know why we aren't all utterly paralyzed by fear all
the time. A search on YouTube for "how to make a homemade bomb" yields
220,000 hits. There are hundreds of glass windows at street level on my
home street alone, and all I'd have to do to show how easy it _could_ be
to execute a home invasion is walk down the street with a video camera
recording my neighbors leaving for work and leaving their houses empty.
And we don't need to go straight to the monstrous: all I'd have to do to
show how easy it _could_ be to litter is film myself leaving the house
with a piece of paper.
We are, none of us, safe from potential hypothetical crimes that
sociopaths _could_ perpetrate. We rely on different tools -- some
mechanical, some procedural, some legal, some sociological -- to bridge
the difference between the potential for crime and actual crime. And
part of the thoughtful debate around these issues in the election
context is an attempt to assess whether various tools to get from here
to there are worth implementing, or whether their costs are larger than
their benefits.
O'Keefe's videos are provocative precisely because they attempt to weigh
in on that latter conversation. Which means that they purport, perhaps
by implication, to show more than just how easy fraud could be.
And furthermore, they purport to be representative. You did it
yourself: "I found James' recent piece helpful in illustrating
_prevailing_ attitudes about voting held by campaign workers." Unless I
know that the campaign workers he approached are randomly selected, and
that the pieces aren't selectively edited, there's absolutely nothing
that tells me that the latest piece is helpful in illustrating a
prevailing attitude about anything. The logical leap from what could be
to what is, and from a few examples to "prevailing" attitudes, is deeply
flawed ... but an easy mental shortcut. Which seems like exactly what
O'Keefe wants.
Justin
--
Justin Levitt
Professor of Law
Loyola Law School | Los Angeles
919 Albany St.
Los Angeles, CA 90015
213-736-7417
justin.levitt at lls.edu
ssrn.com/author=698321
On 10/31/2014 11:12 AM, Benjamin Barr wrote:
> Brad,
>
> Thanks for your thoughts on this. Since I represent James, Project
> Veritas, and Project Veritas Action, I thought I'd chime in.
>
> It's a funny and predictable dance that occurs whenever James O'Keefe
> illustrates the problems and potential of voter fraud. Those opposing
> the notion that voter fraud might ever exist jump up and down pushing
> the point that since James himself did not carry out voter fraud his
> projects are worthless. Of course, that's a legal impossibility.
> James cannot follow through on any of the investigations he does and
> has to be very careful and circumscribed in how he operates to be in
> compliance with arcane, conflicting, and complex federal and state
> election law and privacy law provisions. We have to turn away many
> leads we get from concerned citizens and concepts generated in-house
> due to this. The point, of course, is simply to show just how easy
> certain actions could be.
>
> As for Lorraine's point, to the best I understand it, James did not
> target "poor people and minority people, and now 'Democrat' people."
> He spoke to both Republicans and Democrats. I don't know how rich or
> poor the people were. There were a mix of races talked to. He
> illustrated that campaign workers and volunteers are either ignorant
> of the law or purposefully turning a blind eye. We've also focused
> our work in the past across the ideological spectrum, with
> investigations targeting candidates or incumbents from both parties.
> Its aim is not to grow hysteria, but to show perceived problems with
> the system, test them, and report that to the public. Audience
> members are then trusted to make their own reasoned judgment based on
> these investigations.
>
> I found James' recent piece helpful in illustrating prevailing
> attitudes about voting held by campaign workers who should take these
> issues seriously, perhaps more seriously than Little League. And for
> those biting at the bit, we'll have a follow up piece about North
> Carolina this coming week.
>
> Forward,
>
> Benjamin Barr
>
>
>
> On Fri, Oct 31, 2014 at 11:52 AM, Smith, Brad <BSmith at law.capital.edu
> <mailto:BSmith at law.capital.edu>> wrote:
>
>> With a close election, it was inevitable that conservative
>> filmmaker James O'Keefe would bring his hidden cameras and actors
>> to North Carolina.
>>
>> His goal here: Prove that political campaigns are OK with
>> non-citizens voting in the election. In his new video, a
>> woman poses as a Brazilian-born immigrant who asks campaign
>> volunteers outside early voting sites if she can vote.
>>
>> She admits to being in the country illegally but says she has
>> a voter registration card. O'Keefe's premise is riffing off a
>> State Board of Elections audit that found 1,425 registered
>> voters who are likely non-citizens
>> <http://www.charlotteobserver.com/2014/10/25/5266093/hundreds-flagged-in-audit-of-nc.html>.
>>
>> O'Keefe didn't get anyone with major campaigns to take the
>> bait, nor does the video show any poll workers allowing
>> noncitizens to vote. He also doesn't show anyone in the
>> Triangle, although the video does show O'Keefe entering a
>> Durham County early voting site.
>>
> It seems to me we don't know if "O'Keefe didn't get anyone with
> major campaigns to take the bait." That's probably a safe
> assumption, because if he had he probably would have shown them on
> camera. But we don't know that, or know if he even tried. Of
> course, that's a problem with this style of journalism generally -
> we don't know if the first 200 attempts failed to entice anyone,
> or if he filmed the first 5 campaign workers he ran into. Probably
> somewhere in between?
>
> It seems irrelevant that he didn't get any video of poll workers
> allowing noncitizens to vote. First, my guess is that it is
> illegal in NC to video at the polls. Second, how would he have
> done this? His reporters would have had to commit a crime by
> trying to vote in the name of another. The reporter goes out of
> his way to note that O'Keefe pled guilty to entering a federal
> building under false pretenses in 2010, so maybe we should
> appreciate that O'Keefe is being more careful about following the
> law in making his videos. And of course the presumption - the
> entire set up - is that the illegal voter has a voter registration
> card and an ID, so presumably the poll worker would allow the
> person to vote and no one would be the wiser. But how often is
> this the case? This tells us little or nothing about the magnitude
> of fraud.
>
> One thing that the video does show is a rather casual attitude by
> many campaign workers to illegal voting. This certainly does not
> reflect well on those workers or on politicians generally. It is
> interesting that he finds a Republican campaign worker who also
> suggests the non-citizen voting is fine, though this worker for a
> Republican candidate for Sheriff is asked about the reporter
> trying to vote for Democratic US Senate candidate Kay Hagan.
> Another is the campaign of David Kelly, running for a non-partisan
> office with the endorsement of the current county prosecutor, a
> Republican. (Don't know Kelly's party). I wonder (and doubt) if
> O'Keefe tried Republicans with a claimed desire to vote for GOP
> Senate candidate Tillis). But we might give O'Keefe some credit
> here - he doesn't appear to have only singled out Democrats.
>
> I make of this exactly what I think it shows: it doesn't show
> voter fraud, it doesn't even show potential for voter fraud, but
> it does show that at least some campaign workers have a remarkably
> casual attitude toward voter fraud. Whether that's worth all the
> effort to get these videos, and the resulting hullabaloo, I have
> my doubts, but it is interesting that apparently a fair number of
> partisans are comfortable with fraud that supports their favored
> candidates.
>
> /Bradley A. Smith/
>
> /Josiah H. Blackmore II/Shirley M. Nault/
>
> / Professor of Law/
>
> /Capital University Law School/
>
> /303 E. Broad St./
>
> /Columbus, OH 43215/
>
> /614.236.6317 <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 Rick Hasen [rhasen at law.uci.edu <mailto:rhasen at law.uci.edu>]
> *Sent:* Friday, October 31, 2014 11:17 AM
> *To:* law-election at department-lists.uci.edu
> <mailto:law-election at department-lists.uci.edu>
> *Subject:* Re: [EL] ELB News and Commentary 10/31/14
>
> Corrected link for Florida recount story:
>
> http://www.politicalfixflorida.com/2014/10/29/heres-how-florida-would-handle-a-recount/
>
>
> On 10/31/14, 8:10 AM, Rick Hasen wrote:
>>
>>
>> "Democratic Donors Prepare for Disappointment"
>> <http://electionlawblog.org/?p=67725>
>>
>> Posted onOctober 31, 2014 8:08 am
>> <http://electionlawblog.org/?p=67725>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Ken Vogel writes
>> <http://www.politico.com/story/2014/10/democratic-donors-prepare-for-disappointment-112371.html#.VFOlXF33iDE.twitter>for
>> Politico.
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67725&title=%E2%80%9CDemocratic%20Donors%20Prepare%20for%20Disappointment%E2%80%9D&description=>
>> Posted incampaign finance
>> <http://electionlawblog.org/?cat=10>,campaigns
>> <http://electionlawblog.org/?cat=59>
>>
>>
>> "Is It Voter Fraud or Voter Suppression in 2014?"
>> <http://electionlawblog.org/?p=67723>
>>
>> Posted onOctober 31, 2014 8:01 am
>> <http://electionlawblog.org/?p=67723>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Jake
>> Flanagin<http://op-talk.blogs.nytimes.com/2014/10/31/voter-suppression-strikes-back-in-2014/>for
>> NYT Op Talk.
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67723&title=%E2%80%9CIs%20It%20Voter%20Fraud%20or%20Voter%20Suppression%20in%202014%3F%E2%80%9D&description=>
>> Posted inelection administration
>> <http://electionlawblog.org/?cat=18>,The Voting Wars
>> <http://electionlawblog.org/?cat=60>
>>
>>
>> "Leading Hispanic Civil Rights Group To Fox News: Encouraging
>> Americans To Vote Is Not 'Voter Fraud'"
>> <http://electionlawblog.org/?p=67721>
>>
>> Posted onOctober 31, 2014 7:59 am
>> <http://electionlawblog.org/?p=67721>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Media Matters
>> <http://mediamatters.org/blog/2014/10/30/leading-hispanic-civil-rights-group-to-fox-news/201393>.
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67721&title=%E2%80%9CLeading%20Hispanic%20Civil%20Rights%20Group%20To%20Fox%20News%3A%20Encouraging%20Americans%20To%20Vote%20Is%20Not%20%E2%80%98Voter%20Fraud%E2%80%99%E2%80%9D&description=>
>> Posted inelection administration
>> <http://electionlawblog.org/?cat=18>,fraudulent fraud squad
>> <http://electionlawblog.org/?cat=8>,The Voting Wars
>> <http://electionlawblog.org/?cat=60>
>>
>>
>> "Senate Democrats' Super Lawyer Preps for Overtime"
>> <http://electionlawblog.org/?p=67719>
>>
>> Posted onOctober 31, 2014 7:58 am
>> <http://electionlawblog.org/?p=67719>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Nice Roll Call Marc Elias profile
>> <http://atr.rollcall.com/marc-elias-always-preparing-for-democrats-next-big-recount/?dcz=>.
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67719&title=%E2%80%9CSenate%20Democrats%E2%80%99%20Super%20Lawyer%20Preps%20for%20Overtime%E2%80%9D&description=>
>> Posted inelection law biz
>> <http://electionlawblog.org/?cat=51>,recounts
>> <http://electionlawblog.org/?cat=50>
>>
>>
>> "State Attorney General Candidates Cite Concerns Over
>> Political Donations" <http://electionlawblog.org/?p=67717>
>>
>> Posted onOctober 31, 2014 7:56 am
>> <http://electionlawblog.org/?p=67717>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> NYT reports
>> <http://www.nytimes.com/2014/11/01/us/politics/attorney-generals-political-donations-eric-schneiderman-john-cahill.html?ref=politics>.
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67717&title=%E2%80%9CState%20Attorney%20General%20Candidates%20Cite%20Concerns%20Over%20Political%20Donations%E2%80%9D&description=>
>> Posted incampaign finance
>> <http://electionlawblog.org/?cat=10>,campaigns
>> <http://electionlawblog.org/?cat=59>
>>
>>
>> "Campaigning to Extend, Or End, One Party Rule"
>> <http://electionlawblog.org/?p=67715>
>>
>> Posted onOctober 31, 2014 7:55 am
>> <http://electionlawblog.org/?p=67715>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> NYT reports.
>> <http://www.nytimes.com/2014/10/31/us/politics/campaigning-to-extend-or-end-one-party-rule-.html?ref=politics>
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67715&title=%E2%80%9CCampaigning%20to%20Extend%2C%20Or%20End%2C%20One%20Party%20Rule%E2%80%9D&description=>
>> Posted incampaigns <http://electionlawblog.org/?cat=59>,political
>> parties <http://electionlawblog.org/?cat=25>
>>
>>
>> "Undercover conservative filmmaker James O'Keefe releases
>> video in NC" <http://electionlawblog.org/?p=67713>
>>
>> Posted onOctober 31, 2014 7:52 am
>> <http://electionlawblog.org/?p=67713>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> News and Observer
>> <http://www.newsobserver.com/2014/10/30/4278698_undercover-conservative-filmmaker.html?rh=1>:
>>
>> With a close election, it was inevitable that conservative
>> filmmaker James O'Keefe would bring his hidden cameras and actors
>> to North Carolina.
>>
>> His goal here: Prove that political campaigns are OK with
>> non-citizens voting in the election. In his new video, a
>> woman poses as a Brazilian-born immigrant who asks campaign
>> volunteers outside early voting sites if she can vote.
>>
>> She admits to being in the country illegally but says she has
>> a voter registration card. O'Keefe's premise is riffing off a
>> State Board of Elections audit that found 1,425 registered
>> voters who are likely non-citizens
>> <http://www.charlotteobserver.com/2014/10/25/5266093/hundreds-flagged-in-audit-of-nc.html>.
>>
>> O'Keefe didn't get anyone with major campaigns to take the
>> bait, nor does the video show any poll workers allowing
>> noncitizens to vote. He also doesn't show anyone in the
>> Triangle, although the video does show O'Keefe entering a
>> Durham County early voting site.
>>
>> MORE fromWRAL
>> <http://www.wral.com/conservative-activist-video-shows-campaigns-encouraging-illegal-votes/14131187/>,ABC11
>> <http://abc11.com/news/conservative-activist-releases-hidden-camera-video-appearing-to-show-bad-voting-advice/373990/>.
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67713&title=%E2%80%9CUndercover%20conservative%20filmmaker%20James%20O%E2%80%99Keefe%20releases%20video%20in%20NC%E2%80%9D&description=>
>> Posted inchicanery <http://electionlawblog.org/?cat=12>,election
>> administration <http://electionlawblog.org/?cat=18>,fraudulent
>> fraud squad <http://electionlawblog.org/?cat=8>,The Voting Wars
>> <http://electionlawblog.org/?cat=60>
>>
>>
>> New Voting Lawsuit in Ohio <http://electionlawblog.org/?p=67711>
>>
>> Posted onOctober 31, 2014 7:48 am
>> <http://electionlawblog.org/?p=67711>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Release
>> <http://jurist.org/forum/2014/10/charles-rhodes-texas-voterid.php>:
>> "-- Today, the Northeast Ohio Coalition for the Homeless,
>> Columbus Coalition for the Homeless, and Ohio Democratic
>> Party---successful plaintiffs in previous complaints to protect
>> Ohioans' voting rights---filed a proposed Second Supplemental
>> Complaint against Ohio Secretary of State Jon Husted and Ohio
>> Attorney General Mike DeWine asking U.S. District Judge Algenon
>> Marbley of the Southern District of Ohio to declare portions of
>> Ohio Substitute Senate Bills 205 (S.B. 205) and 216 (S.B. 216)
>> invalid for violating the federal Voting Rights Act and the
>> Constitution, risking the disenfranchisement of thousands of Ohio
>> voters who may cast absentee or provisional ballots, and
>> intentionally making it more difficult for many African-American,
>> Latino, and Democractic-Party-member Ohioans to vote."
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67711&title=New%20Voting%20Lawsuit%20in%20Ohio&description=>
>> Posted inelection administration
>> <http://electionlawblog.org/?cat=18>,The Voting Wars
>> <http://electionlawblog.org/?cat=60>
>>
>>
>> "State Constitutional First Principles in Challenging the
>> Texas Voter Photo Identification Law"
>> <http://electionlawblog.org/?p=67709>
>>
>> Posted onOctober 31, 2014 7:41 am
>> <http://electionlawblog.org/?p=67709>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Charles Rhodes
>> <http://jurist.org/forum/2014/10/charles-rhodes-texas-voterid.php>at
>> Jurist.
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67709&title=%E2%80%9CState%20Constitutional%20First%20Principles%20in%20Challenging%20the%20Texas%20Voter%20Photo%20Identification%20Law%E2%80%9D&description=>
>> Posted inelection administration
>> <http://electionlawblog.org/?cat=18>,Supreme Court
>> <http://electionlawblog.org/?cat=29>,The Voting Wars
>> <http://electionlawblog.org/?cat=60>,voter id
>> <http://electionlawblog.org/?cat=9>
>>
>>
>> "Here's How Florida Would Handle a Recount"
>> <http://electionlawblog.org/?p=67706>
>>
>> Posted onOctober 31, 2014 7:34 am
>> <http://electionlawblog.org/?p=67706>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Words
>> <http://electionlawblog.org/Here%E2%80%99s%20how%20Florida%20would%20handle%20a%20recount>that
>> make an election law professor (at least one as old as I am) shudder.
>>
>> Related: Rick Scott, Charlie Crist ready to lawyer up if Florida
>> recount needed (w/video)
>> <http://www.tampabay.com/news/politics/stateroundup/the-nightmare-scenario-a-race-for-florida-governor-too-close-to-call/2204063>
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67706&title=%E2%80%9CHere%E2%80%99s%20How%20Florida%20Would%20Handle%20a%20Recount%E2%80%9D&description=>
>> Posted inelection administration
>> <http://electionlawblog.org/?cat=18>,recounts
>> <http://electionlawblog.org/?cat=50>,The Voting Wars
>> <http://electionlawblog.org/?cat=60>
>>
>>
>> "Against Residency Districts"
>> <http://electionlawblog.org/?p=67704>
>>
>> Posted onOctober 31, 2014 7:33 am
>> <http://electionlawblog.org/?p=67704>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Mike
>> Pitts<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2513495>has
>> posted this draft on SSRN (forthcoming, /University of Chicago
>> Legal Forum/). Here is the abstract:
>>
>> This article argues against laws which mandate that
>> candidates and elected officials reside in a particular
>> geographic area as a condition of election or office-holding
>> (i.e., residency requirements). The article considers various
>> rationales for residency requirements --- some of which have
>> been endorsed by federal and state courts --- and concludes
>> that those rationales by-and-large do not hold up under
>> scrutiny. The article also considers the costs of residency
>> requirements and concludes that the costs of such
>> requirements outweigh any purported benefits. The article
>> then ponders why residency requirements have continued to
>> exist despite weak justifications for their use, and
>> concludes that residency requirements likely persist because
>> they insulate incumbent partisans from electoral competition.
>> As such, a politics as markets approach might suggest the
>> elimination of residency requirements.
>>
>> Looking forward to reading this! This has been my position, but
>> obviously not (from me) based in a politics as markets approach.
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67704&title=%E2%80%9CAgainst%20Residency%20Districts%E2%80%9D&description=>
>> Posted inresidency <http://electionlawblog.org/?cat=38>
>>
>>
>> "Wisconsin election board attorney asks federal judge to
>> dismiss campaign coordination lawsuit"
>> <http://electionlawblog.org/?p=67702>
>>
>> Posted onOctober 31, 2014 7:29 am
>> <http://electionlawblog.org/?p=67702>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> AP reports.
>> <http://www.startribune.com/politics/national/280980692.html>
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67702&title=%E2%80%9CWisconsin%20election%20board%20attorney%20asks%20federal%20judge%20to%20dismiss%20campaign%20coordination%20lawsuit%E2%80%9D&description=>
>> Posted incampaign finance <http://electionlawblog.org/?cat=10>
>>
>>
>> "At fast-growing Brookings, donors may have an impact on
>> research agenda" <http://electionlawblog.org/?p=67699>
>>
>> Posted onOctober 31, 2014 7:25 am
>> <http://electionlawblog.org/?p=67699>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> WaPo reports.
>> <http://www.washingtonpost.com/politics/at-fast-growing-brookings-donors-help-set-agenda/2014/10/30/a4ba4e8e-48ef-11e4-891d-713f052086a0_story.html?hpid=z1>
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67699&title=%E2%80%9CAt%20fast-growing%20Brookings%2C%20donors%20may%20have%20an%20impact%20on%20research%20agenda%E2%80%9D&description=>
>> Posted inlobbying <http://electionlawblog.org/?cat=28>
>>
>>
>> "They're Not Allowed to Talk. But Candidates and PACs Are
>> Brazenly Communicating All the Time."
>> <http://electionlawblog.org/?p=67697>
>>
>> Posted onOctober 31, 2014 7:23 am
>> <http://electionlawblog.org/?p=67697>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Key National Journal piece:
>> <http://www.nationaljournal.com/politics/they-re-not-allowed-to-talk-but-candidates-and-pacs-are-brazenly-communicating-all-the-time-20141030>
>>
>> The Tillis memo shows just how brazen politicians and their
>> allies have become. What started as vaguely outlining ad buys
>> through the media and posting minutes-long "B-roll" footage
>> of a candidate on their website has entered a new phase in
>> which campaigns and parties offer insight into their needs as
>> if they were sitting in a boardroom personally explaining it
>> to the men and women who run outside groups.
>>
>> "Because we cannot coordinate, our campaign is often in the
>> position of reacting to things our allies do after they have
>> done them," Shaw wrote, without irony, in the memo. His
>> solution: opening up his own political playbook and trying to
>> indirectly call the plays for his allies.
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67697&title=%E2%80%9CThey%E2%80%99re%20Not%20Allowed%20to%20Talk.%20But%20Candidates%20and%20PACs%20Are%20Brazenly%20Communicating%20All%20the%20Time.%E2%80%9D&description=>
>> Posted incampaign finance
>> <http://electionlawblog.org/?cat=10>,campaigns
>> <http://electionlawblog.org/?cat=59>
>>
>>
>> "Our View: Ranked-choice petition first step toward reform"
>> <http://electionlawblog.org/?p=67695>
>>
>> Posted onOctober 31, 2014 7:18 am
>> <http://electionlawblog.org/?p=67695>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Portland Press Herald
>> <http://www.pressherald.com/2014/10/31/view-ranked-choice/>editorial.
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67695&title=%E2%80%9COur%20View%3A%20Ranked-choice%20petition%20first%20step%20toward%20reform%E2%80%9D&description=>
>> Posted inalternative voting systems
>> <http://electionlawblog.org/?cat=63>
>>
>>
>> "Distress Call? "Embattled" DC Board of Elections Under Close
>> Scrutiny on Election Day 2014?
>> <http://electionlawblog.org/?p=67693>
>>
>> Posted onOctober 31, 2014 7:14 am
>> <http://electionlawblog.org/?p=67693>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> A ChapinBlog.
>> <http://blog.lib.umn.edu/cspg/electionacademy/2014/10/distress_call_embattled_dc_boa.php>
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67693&title=%E2%80%9CDistress%20Call%3F%20%E2%80%9CEmbattled%E2%80%9D%20DC%20Board%20of%20Elections%20Under%20Close%20Scrutiny%20on%20Election%20Day%202014%E2%80%B3&description=>
>> Posted inelection administration <http://electionlawblog.org/?cat=18>
>>
>>
>> "The FEC, the Internet Squabble and the February Hearing"
>> <http://electionlawblog.org/?p=67691>
>>
>> Posted onOctober 31, 2014 7:13 am
>> <http://electionlawblog.org/?p=67691>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Bauer blogs.
>> <http://www.moresoftmoneyhardlaw.com/2014/10/fec-internet-squabble-february-hearing/>
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67691&title=%E2%80%9CThe%20FEC%2C%20the%20Internet%20Squabble%20and%20the%20February%20Hearing%E2%80%9D&description=>
>> Posted incampaign finance <http://electionlawblog.org/?cat=10>
>>
>>
>> "Alaskans Furious Over 'Vote-Shaming' Letters Sent By Super
>> PAC" <http://electionlawblog.org/?p=67689>
>>
>> Posted onOctober 31, 2014 7:11 am
>> <http://electionlawblog.org/?p=67689>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> AP reports
>> <http://talkingpointsmemo.com/news/alaskans-vote-shaming-letters>.
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67689&title=%E2%80%9CAlaskans%20Furious%20Over%20%E2%80%98Vote-Shaming%E2%80%99%20Letters%20Sent%20By%20Super%20PAC%E2%80%9D&description=>
>> Posted incampaigns <http://electionlawblog.org/?cat=59>
>>
>>
>> "Investigators Probe Silicon Valley Link In Botched Voter
>> Mailer Experiment" <http://electionlawblog.org/?p=67687>
>>
>> Posted onOctober 31, 2014 7:11 am
>> <http://electionlawblog.org/?p=67687>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> TPM reports.
>> <http://talkingpointsmemo.com/dc/stanford-dartmouth-experiment-crowdpac>
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67687&title=%E2%80%9CInvestigators%20Probe%20Silicon%20Valley%20Link%20In%20Botched%20Voter%20Mailer%20Experiment%E2%80%9D&description=>
>> Posted inelection law biz <http://electionlawblog.org/?cat=51>
>>
>>
>> "Substantial Majority of Small Business Owners Favor a
>> Multi-Party System for the U.S."
>> <http://electionlawblog.org/?p=67685>
>>
>> Posted onOctober 30, 2014 3:38 pm
>> <http://electionlawblog.org/?p=67685>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> BAN reports.
>> <http://www.ballot-access.org/2014/10/substantial-majority-of-small-business-owners-favor-a-multi-party-system-for-the-u-s/>
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67685&title=%E2%80%9CSubstantial%20Majority%20of%20Small%20Business%20Owners%20Favor%20a%20Multi-Party%20System%20for%20the%20U.S.%E2%80%9D&description=>
>> Posted inalternative voting systems
>> <http://electionlawblog.org/?cat=63>,political parties
>> <http://electionlawblog.org/?cat=25>,third parties
>> <http://electionlawblog.org/?cat=47>
>>
>>
>> "North Carolina Campaigns Prepare for Potential Recount"
>> <http://electionlawblog.org/?p=67683>
>>
>> Posted onOctober 30, 2014 3:02 pm
>> <http://electionlawblog.org/?p=67683>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Roll Call:
>> <http://atr.rollcall.com/elections-2014-north-carolina-campaigns-prepare-for-potential-recount/>
>>
>> The competitive North Carolina Senate race will cost more
>> than $100 million by Election Day, and that price tag could
>> climb further as both parties prepare to spend even more if
>> the race becomes too close to call.
>>
>> The campaigns for both Sen. Kay Hagan, D-N.C., and Republican
>> state Speaker Thom Tillis confirmed to CQ Roll Call they are
>> making preparations in case of a recount in one of the
>> country's most competitive races. Recent polls show a tied
>> race, and this week the Rothenberg Political Report/Roll Call
>> moved the race to Tossup
>> <http://media.cq.com/pub/2013/race-ratings-rc/?pos=opol> this
>> week from Tilts Democratic.
>>
>> "It'd be kind of silly for us not to [prepare]," said Todd
>> Poole, the executive director of the North Carolina
>> Republican Party.
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67683&title=%E2%80%9CNorth%20Carolina%20Campaigns%20Prepare%20for%20Potential%20Recount%E2%80%9D&description=>
>> Posted inelection administration
>> <http://electionlawblog.org/?cat=18>,recounts
>> <http://electionlawblog.org/?cat=50>,The Voting Wars
>> <http://electionlawblog.org/?cat=60>
>>
>>
>> Read the Petition to South Carolina Supreme Court to Keep
>> Election Going in House Speaker's District
>> <http://electionlawblog.org/?p=67679>
>>
>> Posted onOctober 30, 2014 2:41 pm
>> <http://electionlawblog.org/?p=67679>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> The South Carolina state election commission had put the election
>> on hold.
>>
>> Here is the Petition
>> <http://electionlawblog.org/wp-content/uploads/Appeal-to-SCSC-SLKNb.So_.74.pdf>.
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67679&title=Read%20the%20Petition%20to%20South%20Carolina%20Supreme%20Court%20to%20Keep%20Election%20Going%20in%20House%20Speaker%E2%80%99s%20District&description=>
>> Posted incampaigns <http://electionlawblog.org/?cat=59>,election
>> administration <http://electionlawblog.org/?cat=18>
>>
>>
>> "New Voting Restrictions Could Swing the 2014 Election"
>> <http://electionlawblog.org/?p=67676>
>>
>> Posted onOctober 30, 2014 2:15 pm
>> <http://electionlawblog.org/?p=67676>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Ari Berman writes
>> <http://www.thenation.com/blog/186849/new-voting-restrictions-could-swing-2014-election>for
>> The Nation.
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67676&title=%E2%80%9CNew%20Voting%20Restrictions%20Could%20Swing%20the%202014%20Election%E2%80%9D&description=>
>> Posted inelection administration
>> <http://electionlawblog.org/?cat=18>,The Voting Wars
>> <http://electionlawblog.org/?cat=60>
>>
>>
>> Must-Read Quote of the Day: Dark Money Edition
>> <http://electionlawblog.org/?p=67673>
>>
>> Posted onOctober 30, 2014 2:12 pm
>> <http://electionlawblog.org/?p=67673>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> ""People always ask me one question all the time: 'How do I know
>> that I won't be found out as a supporter of what you're
>> doing?'...We run all of this stuff through nonprofit
>> organizations that are insulated from having to disclose donors.
>> There is total anonymity. People don't know who supports us."
>>
>> ---Lobbyist Richard Berman,
>> <http://www.nytimes.com/2014/10/31/us/politics/pr-executives-western-energy-alliance-speech-taped.html?smid=tw-share&_r=0>secretly
>> recorded giving advice to oil and gas industry executives on
>> demonizing their opponents, as provided to Eric Lipton of the NYT.
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67673&title=Must-Read%20Quote%20of%20the%20Day%3A%20Dark%20Money%20Edition&description=>
>> Posted incampaign finance
>> <http://electionlawblog.org/?cat=10>,campaigns
>> <http://electionlawblog.org/?cat=59>,chicanery
>> <http://electionlawblog.org/?cat=12>
>>
>>
>> Three Republican FEC Commissioners Ask for Flood of Comments
>> Saying "Hands Off the Internet"
>> <http://electionlawblog.org/?p=67671>
>>
>> Posted onOctober 30, 2014 1:44 pm
>> <http://electionlawblog.org/?p=67671>byRick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Escalating
>> <http://www.fec.gov/members/statements/Goodman_Hunter_Petersen-Statement_Encouraging_Public_Comment.pdf>the
>> battle with Commissioner Ravel over this issue.
>>
>> Share
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67671&title=Three%20Republican%20FEC%20Commissioners%20Ask%20for%20Flood%20of%20Comments%20Saying%20%E2%80%9CHands%20Off%20the%20Internet%E2%80%9D&description=>
>> Posted incampaign finance
>> <http://electionlawblog.org/?cat=10>,federal election commission
>> <http://electionlawblog.org/?cat=24>
>>
>> --
>> Rick Hasen
>> Chancellor's Professor of Law and Political Science
>> UC Irvine School of Law
>> 401 E. Peltason Dr., Suite 1000
>> Irvine, CA 92697-8000
>> 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
>
> --
> 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
>
>
>
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