[EL] disclosure

[Thomas J. Cares]

James Lau, a favorited Assembly candidate felt that anti-Betsy Butler IEs
with disclosures on them naming interests which democrats generally
dislike, drew positive public attention to her and sunk a campaign I think
he thought he had locked.

On Thursday, April 9, 2015, Salvador Peralta <oregon.properties at yahoo.com>
wrote:

> California's required disclaimers were probably determinative in this
> particular set of local elections:
>
> Chevron’s $3 million backfires in Richmond election
> <http://www.sfgate.com/bayarea/article/Chevron-s-3-million-backfires-in-Richmond-5873779.php>
>
>
> [image: image]
> <http://www.sfgate.com/bayarea/article/Chevron-s-3-million-backfires-in-Richmond-5873779.php>
>
>
>
>
>
> Chevron’s $3 million backfires in Richmond election
> <http://www.sfgate.com/bayarea/article/Chevron-s-3-million-backfires-in-Richmond-5873779.php>
> Richmond voters handed Chevron a resounding rejection in Tuesday’s
> election, defeating all four candidates supported by the oil giant despite
> Chevron outspending it...
> View on www.sfgate.com
> <http://www.sfgate.com/bayarea/article/Chevron-s-3-million-backfires-in-Richmond-5873779.php>
> Preview by Yahoo
>
>
> Chevron-backed candidates outspent their opponents 20-1, but because they
> were required to list their financial backers, they were soundly defeated.
> My suspicion is that many of the people who oppose disclosure want to
> prevent things like that from happening, as though there is no public
> interest served by allowing voters to know when a single entity -- be it a
> large corporation or a public employee union -- is trying to swamp an
> election with money.
>
>   ------------------------------
>  *From:* Thomas J. Cares <Tom at tomcares.com
> <javascript:_e(%7B%7D,'cvml','Tom at tomcares.com');>>
> *To:* David A. Holtzman <David at holtzmanlaw.com
> <javascript:_e(%7B%7D,'cvml','David at holtzmanlaw.com');>>
> *Cc:* [EL] <law-election at uci.edu
> <javascript:_e(%7B%7D,'cvml','law-election at uci.edu');>>
> *Sent:* Thursday, April 9, 2015 2:48 AM
> *Subject:* Re: [EL] disclosure
>
> If nothing else, I would think disclosure for losers might be important to
> ensure that people don't run for office and then personally steal all money
> contributed to their campaign.
>
> Moreover, disclosure could be what makes them losers. I believe Rick Hasen
> credits disclosure with the defeat of PG&Es anti-community choice
> aggregation proposition. It's for the benefit of the voters, before the
> candidate earns his loser title.
>
>
> Thomas Cares
>
> On Wed, Apr 8, 2015 at 11:38 PM, David A. Holtzman <David at holtzmanlaw.com
> <javascript:_e(%7B%7D,'cvml','David at holtzmanlaw.com');>> wrote:
>
>
>
> I still don't understand why people lump "candidates and officeholders"
> together, or treat them as similarly situated.
> Most candidates lose, and with losers no corruption or appearance of
> corruption from contributions is possible.
>
> And beyond that principled distinction, various aspects of required
> disclosure systems work to prop up officeholders and burden challengers.
> - dah
>
>
> On 4/8/2015 5:33 PM, Rick Hasen wrote:
>
> Very glad to hear it.
>
> Rick Hasen
>
>  Sent from my iPhone. Please excuse typos.
>
> On Apr 8, 2015, at 5:02 PM, Steve Hoersting <hoersting at gmail.com
> <javascript:_e(%7B%7D,'cvml','hoersting at gmail.com');>> wrote:
>
>   Well, I think you will find us to be opposite, for the most part, the
> scenario you paint in your last question/hypothetical.
> Disclosure of contributions to candidates and officeholders would be
> meaningful.
> Until then,
> Steve
> On Apr 8, 2015 7:55 PM, "Rick Hasen" <rhasen at law.uci.edu
> <javascript:_e(%7B%7D,'cvml','rhasen at law.uci.edu');>> wrote:
>
>  I was trying to make the point that those who I consider opponents of
> disclosure rules often favor disclosure rules that are so weak or porous as
> to be mostly ineffective in supporting anti corruption, information or
> enforcement goals.
>
> Rick Hasen
>
>  Sent from my iPhone. Please excuse typos.
>
> On Apr 8, 2015, at 4:34 PM, Steve Hoersting <hoersting at gmail.com
> <javascript:_e(%7B%7D,'cvml','hoersting at gmail.com');>> wrote:
>
>   Rick, I thought you'd be glad to receive our responses to your question
> of 45 minutes ago.
> The responses placed us far closer to you than you connoted with your
> question.
> Are you now going to have us reconstruct sections 432 and 434a for you?
> Against the Buckley overlay?
> We certainly can. But all things in good time.
> Best, and have a good evening,
> Steve
> On Apr 8, 2015 7:20 PM, "Rick Hasen" <rhasen at law.uci.edu
> <javascript:_e(%7B%7D,'cvml','rhasen at law.uci.edu');>> wrote:
>
> So if individuals have to disclose in your preferred world, but groups do
> not, could you and I not form a "group" to give to candidates and simply
> evade all public disclosure of our identities?
>
>
> On 4/8/15 4:18 PM, Benjamin Barr wrote:
>
>  For the record,
>
>  I have no particular objection to easily understood, high-threshold
> reporting of contributions made to candidates or political parties.  That's
> not remotely the regulatory world we live in.  Thus, some of us object to
> the well-sung-song of "it's just disclosure" because it's not.  It's
> obscure reporting requirements, onerous organizational requirements imposed
> on grassroots voices, and the slow slide toward making politics near and
> far a professional sport.  I've long been worried about the damages "it's
> just disclosure" works against emerging voices, new ideas, and poorly
> funded upstarts. Since "its just disclosure" is amazingly overbroad,
> swallows large amounts of speech and conduct not connected to any
> government interest  in preventing corruption, and works real injuries
> against many speakers, I am usually focused on curing these aspects.
>
>  Like any other market, political information markets suffer when
> regulatory barriers impede points of entry by newcomers or political or
> social entrepreneurs.  In knocking down regulatory points of entry and
> razing obscure compliance codes, everyone has access to more ideas.
>
>  I'd concur with Steve Hoersting's comments concerning "Super Groups."
>  And I hope, one day, we're able to lift difficult PAC status for many
> groups and otherwise eradicate the notion that citizens must register and
> report with the government just to criticize it.
>
>  Forward,
>
>  B
>
>
>
> On Wed, Apr 8, 2015 at 4:30 PM, Rick Hasen <rhasen at law.uci.edu
> <javascript:_e(%7B%7D,'cvml','rhasen at law.uci.edu');>> wrote:
>
> I believe it is no strawman at all Allen. I doubt that Sean, Ben, Steve,
> Jim Bopp and many others who have chimed in about disclosure would agree
> that they support disclosure of large contributions to candidate
> committees, political parties, and PACs.
>
> I'd love to be proven wrong.
>
>
>
> On 4/8/15 1:16 PM, Allen Dickerson wrote:
>
> "Opponents of disclosure" is, of course, a straw man. Many of us support
> disclosure of large contributions to candidate committees, political
> parties, and PACs. The question is whether other organizations, including
> groups like CLC and the Pillar of Law Institute, should be subject to that
> same standard.
>
> CLC is entitled to whatever voluntary disclosure policy it wishes. But, to
> the extent it advocates the use of state power to impose similar
> requirements on other nonprofit organizations, it should clarify the
> standard.
>
> In that vein, it's worth noting that this discussion started with a
> vaguely-written local news piece. Larry Noble is not directly quoted as
> conflating the Institute with individuals seeking to influence elections.
> Presumably he, and the other lawyers at CLC, would recognize the difference
> between a public interest law firm and a PAC.
>
> -----Original Message-----
> From: law-election-bounces at department-lists.uci.edu
> <javascript:_e(%7B%7D,'cvml','law-election-bounces at department-lists.uci.edu');>
> [mailto:law-election-bounces at department-lists.uci.edu
> <javascript:_e(%7B%7D,'cvml','law-election-bounces at department-lists.uci.edu');>]
> On Behalf Of Rick Hasen
> Sent: Wednesday, April 08, 2015 4:00 PM
> To: law-election at UCI.edu
> <javascript:_e(%7B%7D,'cvml','law-election at UCI.edu');>
> Subject: [EL] disclosure
>
> I find it fascinating how many opponents of disclosure seem to so keenly
> interested in the Campaign Legal Center's disclosure policies.  It's
> especially interesting given arguments from opponents that disclosure
> provides no useful information and that privacy and anonymity are paramount.
> I get the point of trying to show CLC as hypocrites (and I don't see that
> they are in this regard at all).  But the effort is still comical and
> ironic.
>
> --
> 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 <javascript:_e(%7B%7D,'cvml','rhasen at law.uci.edu');>
> http://www.law.uci.edu/faculty/full-time/hasen/
> http://electionlawblog.org
>
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> --
> Rick Hasen
> Chancellor's Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
> Irvine, CA 92697-8000
> 949.824.3072 - office
> 949.824.0495 - fax
> rhasen at law.uci.edu <javascript:_e(%7B%7D,'cvml','rhasen at law.uci.edu');>
> http://www.law.uci.edu/faculty/full-time/hasen/
> http://electionlawblog.org
>
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>
> --
> Rick Hasen
> Chancellor's Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
> Irvine, CA 92697-8000949.824.3072 - office949.824.0495 - faxrhasen at law.uci.edu <javascript:_e(%7B%7D,'cvml','rhasen at law.uci.edu');>http://www.law.uci.edu/faculty/full-time/hasen/http://electionlawblog.org
>
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>
> --
> David A. Holtzman, M.P.H., J.D.
> david at holtzmanlaw.com
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