[EL] ELB News and Commentary April 1, 2015
Rick Hasen
rhasen at law.uci.edu
Wed Apr 1 08:01:28 PDT 2015
House Republicans to Push Bill Declaring “End to Racism” in U.S.
<http://electionlawblog.org/?p=71440>
Posted onApril 1, 2015 7:58 am
<http://electionlawblog.org/?p=71440>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo <http://blog.uber.com/bkkuberboat>: “In the wake of the Supreme
Court’s decision striking down a key portion of the Voting Rights Act, a
group of Southern House Republicans have put forward a congressional
resolution declaring that ‘racism is a thing of the past’ in the United
States. The resolution would call upon Congress to overrule the
remaining portions of the Voting Right Act and other civil rights laws
as ‘no longer necessary to insure American liberty.’ The resolution has
begun to gain Senate support, including from Senator Richard C. Shelby
(R-AL), whomissed the commemoration of the 50th anniversary of the Selma
civil rights march <http://electionlawblog.org/?p=70864>to participate
in mundane events at the opposite end of Alabama. Senator Thad Cochran
(R-MI)could not say <http://electionlawblog.org/?p=71380>whether or not
he supported the resolution, or if he supported or opposed the Voting
Rights Act, but declared that ‘racism is bad.'”
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Posted inelection law "humor"
<http://electionlawblog.org/?cat=52>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
Court Rules Wealthy Donors Have First Amendment Right to Bribe
Candidates <http://electionlawblog.org/?p=71438>
Posted onApril 1, 2015 7:50 am
<http://electionlawblog.org/?p=71438>byRick Hasen
<http://electionlawblog.org/?author=3>
AP <https://www.youtube.com/watch?v=dQw4w9WgXcQ>: “In the latest in
aseries <http://electionlawblog.org/?p=61282>of rulings stemming from
the”John Doe’ campaign finance investigation in Wisconsin, a federal
district judge has ruled that individuals have a constitutional right to
spend unlimited sums in coordination with a candidates in exchange for
the candidate’s express agreement to take official action. ‘While
bribery laws prevent such quid pro quo exchanges,’ the court wrote inan
11-page opinion <https://support.google.com/maps/answer/6178227?hl=en>,
‘such laws violate the First Amendment when they prevent an individual
from using money to influence official action. This is the logical
endpoint of the Supreme Court’s ruling in the /Citizens United /case.”
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,election
law "humor" <http://electionlawblog.org/?cat=52>
“Special interests pick up tab for Los Angeles City Councilman Paul
Krekorian” <http://electionlawblog.org/?p=71436>
Posted onApril 1, 2015 7:36 am
<http://electionlawblog.org/?p=71436>byRick Hasen
<http://electionlawblog.org/?author=3>
LA Daily News reports
<http://www.dailynews.com/government-and-politics/20150331/special-interests-pick-up-tab-for-los-angeles-city-councilman-paul-krekorian>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Hillary Clinton Makes It Hard to Follow the Money”
<http://electionlawblog.org/?p=71434>
Posted onApril 1, 2015 7:31 am
<http://electionlawblog.org/?p=71434>byRick Hasen
<http://electionlawblog.org/?author=3>
National Journal reports.
<http://www.nationaljournal.com/2016-elections/hillary-clinton-foundation-money-20150331?utm_content=buffer81b33&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Republican National Committee Seeks to Intervene in New Hampshire
Libertarian Party Ballot Access Case”
<http://electionlawblog.org/?p=71432>
Posted onApril 1, 2015 7:27 am
<http://electionlawblog.org/?p=71432>byRick Hasen
<http://electionlawblog.org/?author=3>
Ballot Access News reports.
<http://ballot-access.org/2015/03/31/republican-national-committee-seeks-to-intervene-in-new-hampshire-libertarian-party-ballot-access-case/>
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Posted inballot access <http://electionlawblog.org/?cat=46>
“Waiting for Godot, Superman and Mary Jo White…”
<http://electionlawblog.org/?p=71430>
Posted onApril 1, 2015 7:26 am
<http://electionlawblog.org/?p=71430>byRick Hasen
<http://electionlawblog.org/?author=3>
Ciara Torres-Spelliscy blogs.
<https://www.brennancenter.org/blog/waiting-godot-superman-and-mary-jo-white>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
99 Rise Says It Has Disrupted #SCOTUS Again, with Campaign Finance
Messages <http://electionlawblog.org/?p=71428>
Posted onApril 1, 2015 7:24 am
<http://electionlawblog.org/?p=71428>byRick Hasen
<http://electionlawblog.org/?author=3>
Press release via email:
Six members of the grassroots organization 99Rise disrupted the
nation’s highest Court this morning, issuing a series of statements
protesting recent court rulings that facilitate enormous increases
in campaign spending by a tiny fraction the wealthiest 1%.
Protestors rose one by one to deliver their statements to the Court,
demanding they “Reverse/McCutcheon /and overturn /Citizens United,/”
before raising their index finger in the air, a gesture signifying
“one person, one vote” political equality. They were detained and
arrested by court security.
“The Supreme Court is deeply complicit in the corruption of our
democracy,” said Belinda Rodriguez, who participated in
protest. “Their /McCutcheon /and /Citizens United/ rulings have
allowed corporations and billionaires to essentially buy our
elections with unlimited sums of campaign cash, silencing the vast
majority of voters. We’re here to send a message that the American
people won’t stand for it.”
2012 and 2014 were the most expensive elections in U.S. history,
with more money spent by fewer deep-pocketed donors than every
before, according to the Center for Responsive Politics. Candidates
who raise the most money win election or reelection in over 90% of
races.
The protest comes on the heels of two previous displays of civil
disobedience organized by 99Rise and one day before the first
anniversary of the Court’s/McCutcheon v. FEC/ decision, which
removed aggregate spending limits for individual campaign donors.
Rallies led by a number of pro-democracy organizations are being
planned across the country to protest the decision. Huge majorities
of the American public have polled in favor of reducing the
influence of money in politics.
“We’re taking a stand against the idea that money can buy our
democracy,” said Rodriguez. “Equal representation means having an
equal voice. Currently, a tiny fraction of the nation’s wealthiest
1% have excessive representation in our government because of the
legalized bribery that the Supreme Court has allowed. We’re here to
show that the other 99% of us are not afraid to resist this
fundamental corruption using nonviolent civil disobedience.”
99Rise is a social movement-building organization waging nonviolent
struggle to get money out of politics and reclaim democracy for all
Americans. Their previous Supreme Court disruptions mark the first
timevideo
<http://www.99rise.org/r?u=https%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3D2K-8FJ114kU&e=0f73c13274572041ad4c57d1911387e9232a9d04&utm_source=99rise&utm_medium=email&utm_campaign=04_01_pr&n=1>has
ever been captured from inside the chamber.
Supreme Court Protestors, Age, State:
Belinda Rodriguez, 24, FL
Richard Saffle, 33, WV
Mattew Kresling, 41, CA
Yasmina Mrabet, 27, DC
David Bronstein, 27, DC
Darrell Prince, 38, NY
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
“The Business of America is Lobbying: How Corporations Became
Politicized and Politics Became More Corporate (Studies in Postwar
American Political Development) “ <http://electionlawblog.org/?p=71426>
Posted onApril 1, 2015 7:22 am
<http://electionlawblog.org/?p=71426>byRick Hasen
<http://electionlawblog.org/?author=3>
Lee Drutman’s new book
<http://www.amazon.com/Business-America-Lobbying-Corporations-Politicized/dp/0190215518>is
out and I can’t wait to read it.
There’s anassociated April 16 event
<http://www.newamerica.org/political-reform/the-business-of-america-is-lobbying-3/>if
you are in D.C.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,lobbying
<http://electionlawblog.org/?cat=28>
“Court Hands RGA $40,000 in Fines for 2010 Campaign Finance
Violations” <http://electionlawblog.org/?p=71424>
Posted onApril 1, 2015 7:20 am
<http://electionlawblog.org/?p=71424>byRick Hasen
<http://electionlawblog.org/?author=3>
News from Vermont.
<http://vtdigger.org/2015/03/31/court-hands-rga-40000-in-fines-for-2010-campaign-finance-violations/>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Koch Donors Step Into Public View”
<http://electionlawblog.org/?p=71422>
Posted onApril 1, 2015 7:18 am
<http://electionlawblog.org/?p=71422>byRick Hasen
<http://electionlawblog.org/?author=3>
Fredreka Schouten
<http://www.usatoday.com/story/news/politics/2015/03/31/donors-to-koch-network-make-names-public/70718596/>:
“Growing numbers of wealthy conservatives who help fund the political
and policy network tied to Charles and David Koch are beginning to step
into public view to defend the billionaire industrialists and their goals.”
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Secret, unlimited donations could boost a Jeb Bush run”
<http://electionlawblog.org/?p=71420>
Posted onMarch 31, 2015 8:24 pm
<http://electionlawblog.org/?p=71420>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo
<http://www.washingtonpost.com/politics/how-secret-donors-could-play-a-big-role-boosting-jeb-bush/2015/03/31/05647310-d7cd-11e4-b3f2-607bd612aeac_story.html>:
Jeb Bush has given his tacit endorsement to a new group that can
collect unlimited amounts of money in secret, part of a bold effort
by his advisers to create a robust external political operation
before he declares his expected White House bid.
The nonprofit group, Right to Rise Policy Solutions, was quietly
established in Arkansas in February by a friend and former Bush
staffer. The group shares the name of two political committees for
which Bush has been aggressively raising money — blurring the line
that is supposed to separate a campaign from independent groups.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,tax law
and election law <http://electionlawblog.org/?cat=22>
“2 top local officials call for state attorney general to
investigate Bloomingburg voting” <http://electionlawblog.org/?p=71418>
Posted onMarch 31, 2015 8:20 pm
<http://electionlawblog.org/?p=71418>byRick Hasen
<http://electionlawblog.org/?author=3>
News
<http://www.recordonline.com/article/20150331/NEWS/150339849/101019/COMM1502>from
NY:
Top officials of the Town of Mamakating and Village of Bloomingburg
have called on state Attorney General Eric Schneiderman to
investigate what the officials call systemic examples of voter fraud
in Bloomingburg over the past two years.
In calling for an independent investigation in a joint statement,
Mamakating Supervisor Bill Herrmann and Bloomingburg Mayor Frank
Gerardi harshly criticized Sullivan County District Attorney James
Farrell for neglecting to conduct his own investigation.
“We must ask,” Herrmann said in a news release, “at what point is
the willful indifference of the Sullivan County District Attorney
equal to complicity in what has become endless and humiliating
corruption of the democratic process?”
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Posted inchicanery <http://electionlawblog.org/?cat=12>,voting
<http://electionlawblog.org/?cat=31>
“Campaign Finance Complaints Filed Against 4 Presidential Hopefuls”
<http://electionlawblog.org/?p=71416>
Posted onMarch 31, 2015 8:18 pm
<http://electionlawblog.org/?p=71416>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT reports
<http://www.nytimes.com/2015/04/01/us/campaign-finance-complaints-filed-against-4-presidential-hopefuls.html?_r=1>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
“US campaign-finance watchdog files complaints against four
politicians” <http://electionlawblog.org/?p=71414>
Posted onMarch 31, 2015 7:21 pm
<http://electionlawblog.org/?p=71414>byRick Hasen
<http://electionlawblog.org/?author=3>
Ben Jacobs reports
<http://www.theguardian.com/us-news/2015/mar/31/us-campaign-finance-watchdog-complaints-republicans>for
/The Guardian./
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
Nick Stephanopoulos on the Alabama Redistricting Case
<http://electionlawblog.org/?p=71412>
Posted onMarch 31, 2015 7:15 pm
<http://electionlawblog.org/?p=71412>byRick Hasen
<http://electionlawblog.org/?author=3>
Here is a guest blog post fromNick Stephanopoulos
<http://www.law.uchicago.edu/faculty/stephanopoulos>:
The rapidly congealingconventional
<http://www.electionlawblog.org/?p=71257>wisdom
<http://thenation.com/blog/202601-rare-victory-black-voting-rights-south>is
that last week’sAlabama redistricting case
<http://www.supremecourt.gov/opinions/14pdf/13-895_07jq.pdf>was no
big deal. And the conventional wisdom is mostly right. The case
confirmed the prevailing understanding of racial gerrymandering
claims: that they apply to individual districts rather than plans in
their entirety; and that equal population is a background rule for
redistricting, not a motive that can compete with race for
predominance. The case’s interpretation of Section 5—that it does
not require freezing districts’ minority population shares—also
seems interesting but not too meaningful in a post-/Shelby County/world.
But while the case was no blockbuster, there may be more to it than
meets the eye. Here are a few reasons why it may have some lasting
significance. First, it establishes that/minority/plaintiffs can
prevail in racial gerrymandering suits. This point was not entirely
clear since every previous plaintiff in suits of this sort addressed
by the full Court was a white voter. But now there can be no doubt
that minorities also can claim that race was the predominant reason
for a district’s construction.
Second, in the near term, the case probably spells doom for several
other states’ district plans. Alabama was not alone in keeping
districts’ minority population shares almost perfectly constant and
then arguing that Section 5 made it do so. Among others, North
Carolina and Virginia implemented nearly identical strategies,
meaning that their plans now are on thin legal ice too. A decision
that knocks out multiple maps in one swoop is not quite small potatoes.
Third, in the long run, the case would be very important if Congress
manages to pass a new coverage formula. If Congress does so, then
the case would provide the Court’s only interpretation of Section
5’s new language. And this interpretation is notable in that it
rejects (without overt dissent) the most pro-Republican view of the
amended Section 5. Future Republican line-drawers thus would not be
able to claim that Section 5 compelled them to keep districts’
minority population shares in perpetual stasis. Instead, the
provision would be construed more functionally, focusing on
minorities’ actual ability to elect their preferred candidates
rather than any rigid benchmarks.
Fourth, the case suggests that Justice Kennedy—the only Justice to
switch sides from/Shelby County/—might not have a constitutional
problem with preclearance itself. If he/did/have a problem with it,
it would be quite odd for him to join an opinion that analyzed
Section 5 as if it were constitutionally trouble-free. And if
Section 5 is lawful, then there is more reason for Congress to
prioritize the passage of a new coverage formula. Then a new formula
could actually salvage the whole preclearance system (and not just
lead to its invalidation on other grounds).
Fifth, and even more speculatively, the case might mean that a
majority of the Court is concerned about therecent rise
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2457468>in
partisan gerrymandering. The real story behind Alabama’s map, of
course, is the pursuit of partisan advantage. The reason why the
line-drawers sought so assiduously to keep the minority percentages
constant is because they wanted to waste as many Democratic votes as
possible, not because they were preoccupied with race. True, the
Court studiously avoided any mention of this partisan dynamic. But
the Court could not have been oblivious to it, and the case may
signal the Justices’ willingness to bend other doctrines to block
unfair plans.
Lastly, the case matters because it undermines potential/Section
2/defenses against racial gerrymandering claims. Section 2 uses
almost the same language as Section 5 when it refers to the election
of “representatives of [minorities’] choice.” If Section 5’s version
of this language does not require freezing minority population
shares, then, most likely, neither does Section 2’s. So in the
future, states should not be able to justify Alabama-style plans on
the basis of Section 2 compliance either./Neither/pillar of the
Voting Rights Act appears to require treating minority population
shares as if they were set in amber.
To reiterate, I agree with the emerging consensus that the Alabama
case is no redistricting earthquake. But its tremors still may be
felt for longer than most observers have supposed.
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
How much is it worth to Wisconsin businesses not to have Shirley
Abrahamson as Chief Justice? <http://electionlawblog.org/?p=71409>
Posted onMarch 31, 2015 1:09 pm
<http://electionlawblog.org/?p=71409>byRick Hasen
<http://electionlawblog.org/?author=3>
At least $600k.
<http://www.jsonline.com/news/statepolitics/bradley-raised-380000-over-2-months-for-supreme-court-race-b99471773z1-298037781.html?ipad=y>
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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>
“Lobbying: Business, Law and Public Policy, Why and How 12,000
People Spend $3+ Billion Impacting Our Government”
<http://electionlawblog.org/?p=71407>
Posted onMarch 31, 2015 12:46 pm
<http://electionlawblog.org/?p=71407>byRick Hasen
<http://electionlawblog.org/?author=3>
New
book<https://vandeplaspublishing.com/store/product.php?productid=181>by
Mark Fagan.
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Posted inlobbying <http://electionlawblog.org/?cat=28>
“FEC Complaints Against Presidential Hopefuls Show Widespread
Violations, Total Disregard for Campaign Finance Law: They Must Take
the American People for Fools” <http://electionlawblog.org/?p=71404>
Posted onMarch 31, 2015 12:43 pm
<http://electionlawblog.org/?p=71404>byRick Hasen
<http://electionlawblog.org/?author=3>
Press release.
<http://www.campaignlegalcenter.org/news/press-releases/fec-complaints-against-presidential-hopefuls-show-widespread-violations-total>
See also CPI’sNew complaints against 2016 hopefuls may be resolved this
decade — or not
<http://www.publicintegrity.org/2015/03/31/17015/new-complaints-against-2016-hopefuls-may-be-resolved-decade-or-not>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
Study Finds Less Election Fraud in PR Systems
<http://electionlawblog.org/?p=71402>
Posted onMarch 31, 2015 8:21 am
<http://electionlawblog.org/?p=71402>byRick Hasen
<http://electionlawblog.org/?author=3>
Fabrice Lehoucq and Kiril Kolev,Varying the Un-Variable: Structure,
Electoral Formulae, and Election Quality
<http://prq.sagepub.com/content/early/2015/03/25/1065912915578176.abstract> (PRQ).
Here is the abstract:
This paper assesses the hypothesis that election quality is worse
under plurality voting systems than under proportional
representation (PR). We use a two-pronged research design that
permits us to harness the advantages of most similar and most
different approaches to limit problems of endogeneity that afflict
hypothesis testing in comparative politics. We use a subnational
database of more than 1,300 accusations of electoral fraud from
Costa Rica (1901–1948) that uniquely varies formulae among
(provincial) electoral districts. Our statistical models reveal that
plurality leads to more ballot rigging than proportional systems. We
also demonstrate that plurality voting systems are associated with
inferior election quality in the Quality of Elections Database
(QED), which covers 170 countries between 1975 and 2004. Our
findings suggest that electoral formulae, a basic feature of
institutional design, have as much impact as social structure on
whether elections are free and fair.
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Posted inchicanery <http://electionlawblog.org/?cat=12>,voting
<http://electionlawblog.org/?cat=31>
“Look Up in the Sky! Caped SEC Chief Urged to Curb Campaign Cash”
<http://electionlawblog.org/?p=71400>
Posted onMarch 31, 2015 8:13 am
<http://electionlawblog.org/?p=71400>byRick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg reports.
<http://www.bloomberg.com/politics/articles/2015-03-30/look-up-in-the-sky-caped-sec-chief-urged-to-curb-campaign-cash>
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“How the Founder of the Fugees Became a Big-Time Political Donor
Without Anyone Knowing” <http://electionlawblog.org/?p=71398>
Posted onMarch 31, 2015 8:11 am
<http://electionlawblog.org/?p=71398>byRick Hasen
<http://electionlawblog.org/?author=3>
Michael Beckel
<http://www.slate.com/articles/news_and_politics/politics/2015/03/pras_michel_funded_super_pac_black_men_vote_limited_liability_companies.html>at
Slate.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
--
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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