[EL] ELB News and Commentary 9/10/14

Tue Sep 9 21:43:26 PDT 2014

    First Major Test of MayDay SuperPAC to End SuperPACS Comes Up Short
    in #NHSEN <http://electionlawblog.org/?p=65205>

Posted onSeptember 9, 2014 9:41 pm 
<http://electionlawblog.org/?p=65205>byRick Hasen 
<http://electionlawblog.org/?author=3>

Roll Call 
reports<http://atr.rollcall.com/new-hampshire-primary-results-scott-brown-wins-senate-nomination/?lpollr>on 
the victory of Scott Brown in the Republican primary:

    Rubens had the backing of Mayday PAC, which ran $1.6 million in ads
    supporting him. He and Smith were tied at 23 percent when the
    Associated Press called the race. Mayday PAC is a super pac with an
    ironic goal to get big outside money out of politics.

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

    Lawprofs Teachout and Wu Lose But Garner 35-40% in NY Races
    <http://electionlawblog.org/?p=65203>

Posted onSeptember 9, 2014 9:32 pm 
<http://electionlawblog.org/?p=65203>byRick Hasen 
<http://electionlawblog.org/?author=3>

NYT report 
<http://www.nytimes.com/2014/09/10/nyregion/cuomo-and-hochul-win-new-york-primary.html?hp&action=click&pgtype=Homepage&version=LargeMediaHeadlineSum&module=photo-spot-region&region=top-news&WT.nav=top-news>on 
Cuomo win.

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

    Does the Democracy Canon Support Removing Taylor's Name from #KSSEN
    Ballot? <http://electionlawblog.org/?p=65200>

Posted onSeptember 9, 2014 9:18 pm 
<http://electionlawblog.org/?p=65200>byRick Hasen 
<http://electionlawblog.org/?author=3>

Taylor makes essentially that argument in the memorandum 
<http://www.kansas.com/news/politics-government/election/article2044679.ece/binary/Chad%20Taylor%20memorandum%20in%20support%20of%20petition.pdf> supporting 
the writ of mandamus filed in the KS Supreme Court.

I think that's probably right. What good does it do to give voters the 
choice of a candidate who has attempted to withdraw and who has pledged 
not to serve?  So to the extent the statute is ambiguous about what was 
required for Taylor to withdraw, theDemocracy Canon 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1344476>suggests 
interpreting it to allow Taylor to withdraw. In some ways this is like 
the Samson case from New Jersey Torrecelli which I discuss in detail in 
the article: a State supreme court has to construe a statute about how 
to deal with a withdrawing candidate shortly before the time of printing 
of ballots.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,statutory interpretation 
<http://electionlawblog.org/?cat=21>

    Taylor's Memo in #KSSEN Case Says Kobach Recused Before in this Race
    But Not Now <http://electionlawblog.org/?p=65195>

Posted onSeptember 9, 2014 9:12 pm 
<http://electionlawblog.org/?p=65195>byRick Hasen 
<http://electionlawblog.org/?author=3>

 From thememorandum 
<http://www.kansas.com/news/politics-government/election/article2044679.ece/binary/Chad%20Taylor%20memorandum%20in%20support%20of%20petition.pdf> supporting 
the writ of mandumus filed in the KS Supreme Court:

Screen Shot 2014-09-09 at 9.11.23 PM 
<http://electionlawblog.org/wp-content/uploads/Screen-Shot-2014-09-09-at-9.11.23-PM.png>See 
also Democrat Chad Taylor sues to get name off Kansas Senate ballot 
<http://www.kansas.com/news/politics-government/election/article2044051.html>.

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

    "Issa accuses Holder spokesman of attempting to 'conspire' with
    Democrats on IRS documents" <http://electionlawblog.org/?p=65193>

Posted onSeptember 9, 2014 8:56 pm 
<http://electionlawblog.org/?p=65193>byRick Hasen 
<http://electionlawblog.org/?author=3>

WaPo 
<http://www.washingtonpost.com/blogs/in-the-loop/wp/2014/09/09/issa-accuses-holder-spokesman-of-attempting-to-conspire-with-democrats-on-irs-documents/>:

    Attorney General Eric Holder's communications director is being
    accused of calling the House Oversight Committee Republican staff
    and asking for help spinning a story. The twist? The GOP staff
    alleges that Holder's spokesman thought he was talking to the Democrats.

    Oversight Committee Chairman Darrell Issa (R-Calif.) sent a letter
    to Holder on Monday about the incident, saying he was "extremely
    troubled" that the Justice Department may have been trying to
    coordinate with the minority staff on the release of documents to
    the committee regarding the Internal Revenue Service targeting
    certain political groups.

    Issa's letter claims that Brian Fallon asked for a specific
    committee aide and then told that person that he wanted to get
    materials to "interested reporters" before sending them to the
    majority, so that the agency could spin the story first.

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Posted inDepartment of Justice <http://electionlawblog.org/?cat=26>,tax 
law and election law <http://electionlawblog.org/?cat=22>

    "Georgia secretary of state investigating allegations of voter
    registration fraud" <http://electionlawblog.org/?p=65191>

Posted onSeptember 9, 2014 8:50 pm 
<http://electionlawblog.org/?p=65191>byRick Hasen 
<http://electionlawblog.org/?author=3>

AP reports. 
<http://www.greenfieldreporter.com/view/story/0ff677d6d23843a0a0470155f8d6e83f/GA--Voter-Fraud-Investigation>

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,voter registration 
<http://electionlawblog.org/?cat=37>

    Tom Edsall Deep Dive into 501c4 Lack of Transparency in Campaign
    Spending <http://electionlawblog.org/?p=65189>

Posted onSeptember 9, 2014 8:49 pm 
<http://electionlawblog.org/?p=65189>byRick Hasen 
<http://electionlawblog.org/?author=3>

New NYT column 
<http://www.nytimes.com/2014/09/10/opinion/karl-rove-the-koch-brothers-and-the-end-of-political-transparency.html?_r=0>concludes:

    A two-class structure of election financing is emerging. The first
    is the traditional system of federally regulated individual
    contributions in which the small donor has become increasingly
    important. The second is the combination of "super PACs" and
    tax-exempt independent expenditure groups, including 501(c)(4)s,
    which together operate without limits and cater almost exclusively
    to those at the very top of the economic pyramid. Policing the
    hodgepodge of regulations, statutes and rulings governing elections
    has become virtually impossible. A kind of lawlessness prevails that
    is incompatible with the goals of democracy.

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

-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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