[EL] buying candidates?
Schultz, David A.
dschultz at hamline.edu
Fri Oct 31 14:53:03 PDT 2014
Oh yes Bob, and the the law equally allows the rich and poor alike to
sleep under bridges! I so admire your unflinching “one dollar, one vote”
for free market unbridled capitalist democracy. At least you are not
ashamed to admit that the extent of one’s liberty in your society is equal
to the size of one’s wallet or bank account. I guess I am naive in my
belief that while dollars are a great way to allocate sailboats they are
not an appropriate way in a democracy to allocate political power or
influence. Somehow I thought that the persuasiveness of one’s position or
majority rule was supposed to be the way to do that.
Lobbyists often like to describe themselves as knowledge brokers in that
they provide information. They disclaim that gifts and political
contributions really affect how persuasive they are. Yet whenever I
propose that we restrict their ability to make donations or give gifts in
order to test how persuasive they really are they oppose such ideas,
claiming it to be undemocratic. If ideas are really so persuasive I am
not sure I need capital to find the truth.
On Fri, Oct 31, 2014 at 4:47 PM, Dale Eisman <DEisman at commoncause.org>
wrote:
> Speaking of Halloween, Mr. Barr apparently has donned his Straw Man
> suit for the holiday.
>
> I daresay that no one on this list wants to deprive anyone of their
> freedom of speech or association and that everyone believes in self
> government and the free exchange of ideas. And surely no one wants to give
> government the power to decide who is elected or who wields power.
>
> There are many paths to tyranny. Let me suggest that one of those is the
> apportionment of political power based on wealth. The Steyers, Kochs, et al
> are welcome to participate in our democracy, but let us insist on a level
> playing field for everyone.
>
>
>
> ------------------------------------------------------
> Dale Eisman
> Acting director of communications
> Common Cause / *Holding Power Accountable*
> 202 736-5788 -- office
> 703 459-6885 -- cell
> deisman at commoncause.org
> ------------------------------
> *From:* law-election-bounces at department-lists.uci.edu <
> law-election-bounces at department-lists.uci.edu> on behalf of Benjamin Barr
> <benjamin.barr at gmail.com>
> *Sent:* Friday, October 31, 2014 4:54 PM
> *To:* Schultz, David A.
> *Cc:* law-election at department-lists.uci.edu
> *Subject:* Re: [EL] buying candidates?
>
> 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>
> 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> 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>
>>> 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 <614.236.6317>*
>>>>
>>>> *http://law.capital.edu/faculty/bios/bsmith.aspx
>>>> <http://law.capital.edu/faculty/bios/bsmith.aspx>*
>>>> ------------------------------
>>>> *From:* Tyler Creighton [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
>>>>
>>>> *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 | Media Associate
>>>> ReThink Media <http://rethinkmedia.org> | (202) 449-6960
>>>> <%28202%29%20449-6960> office | (925) 548-2189 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> 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
>>>>>
>>>>> F. +1.202.654.9150
>>>>>
>>>>> E. BSvoboda at perkinscoie.com <%20BSvoboda at perkinscoie.com>
>>>>>
>>>>>
>>>>>
>>>>> *From:* 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
>>>>>
>>>>> *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 <614.236.6317>*
>>>>>
>>>>> *http://law.capital.edu/faculty/bios/bsmith.aspx
>>>>> <http://law.capital.edu/faculty/bios/bsmith.aspx>*
>>>>> ------------------------------
>>>>>
>>>>> *From:* Tyler Creighton [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
>>>>> *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 | Media Associate
>>>>>
>>>>> ReThink Media <http://rethinkmedia.org> | (202) 449-6960 office | (925)
>>>>> 548-2189 <%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>
>>>>> 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 <614.236.6317>*
>>>>>
>>>>> *http://law.capital.edu/faculty/bios/bsmith.aspx
>>>>> <http://law.capital.edu/faculty/bios/bsmith.aspx>*
>>>>> ------------------------------
>>>>>
>>>>> *From:* law-election-bounces at department-lists.uci.edu [
>>>>> law-election-bounces at department-lists.uci.edu] on behalf of Reuben,
>>>>> Richard C. [ReubenR at missouri.edu]
>>>>> *Sent:* Thursday, October 30, 2014 4:31 PM
>>>>> *To:* 'Rick Hasen'; '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] *On Behalf Of *Rick
>>>>> Hasen
>>>>> *Sent:* Thursday, October 30, 2014 2:57 PM
>>>>> *To:* 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.*
>>>>>
>>>>> [image: 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>
>>>>>
>>>>> [image: 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>
>>>>>
>>>>> [image: 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>
>>>>>
>>>>> [image: 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.*
>>>>>
>>>>>
>>>>>
>>>>> [image: 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.
>>>>>
>>>>> [image: 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.”
>>>>>
>>>>> [image: 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.
>>>>>
>>>>> [image: 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*
>>>>>
>>>>> [image: 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>
>>>>>
>>>>> [image: 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>
>>>>>
>>>>> [image: 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>
>>>>> .
>>>>>
>>>>> [image: 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.
>>>>>
>>>>> [image: 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>
>>>>>
>>>>> [image: 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.*
>>>>>
>>>>> [image: 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>
>>>>>
>>>>> [image: 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/>
>>>>>
>>>>> [image: 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/ <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.
>>>>>
>>>>> [image: 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.
>>>>>
>>>>> [image: 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 - office
>>>>>
>>>>> 949.824.0495 - fax
>>>>>
>>>>> 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
>>>>> 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
>>>> http://department-lists.uci.edu/mailman/listinfo/law-election
>>>>
>>>
>>>
>>>
>>> _______________________________________________
>>> Law-election mailing listLaw-election at department-lists.uci.eduhttp://department-lists.uci.edu/mailman/listinfo/law-election
>>>
>>>
>>> --
>>> Rick Hasen
>>> Chancellor's Professor of Law and Political Science
>>> UC Irvine School of Law
>>> 401 E. Peltason Dr., Suite 1000
>>> Irvine, CA 92697-8000949.824.3072 - office949.824.0495 - faxrhasen at law.uci.eduhttp://www.law.uci.edu/faculty/full-time/hasen/http://electionlawblog.org
>>>
>>>
>>> _______________________________________________
>>> Law-election mailing list
>>> 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 (voice)
>> 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
>> 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 (voice)
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
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