[EL] ELB News and Commentary 8/14/15
Rick Hasen
rhasen at law.uci.edu
Fri Aug 14 08:46:14 PDT 2015
“House GOP lays out plan for Va. redistricting session”
<http://electionlawblog.org/?p=75342>
Posted onAugust 14, 2015 8:42 am
<http://electionlawblog.org/?p=75342>byRick Hasen
<http://electionlawblog.org/?author=3>
The latest
<http://www.richmond.com/news/virginia/government-politics/article_ce6025a9-6358-513d-a261-9f34a2e78e9a.html>from
Va. I expect a three-judge court will likely draw the lines.
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Posted inredistricting <http://electionlawblog.org/?cat=6>
“Louisiana Republican Party sues over campaign contribution limits
to state political parties” <http://electionlawblog.org/?p=75340>
Posted onAugust 14, 2015 8:38 am
<http://electionlawblog.org/?p=75340>byRick Hasen
<http://electionlawblog.org/?author=3>
The Advocate reports.
<http://theadvocate.com/news/13169480-123/state-gop-sues-over-contribution> I’ll
have more on this suit coming Monday. As for why the last suit was dropped:
The Republican National Committee, along with the state party, sued
the FEC last year over the same issue. But the RNC decided to drop
the lawsuit.
“The Louisiana party still wanted to pursue it, so that’s why we
have refiled,” Bopp said.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,political
parties <http://electionlawblog.org/?cat=25>
“Virginia ex-governor’s corruption case on way to Court”
<http://electionlawblog.org/?p=75338>
Posted onAugust 14, 2015 8:33 am
<http://electionlawblog.org/?p=75338>byRick Hasen
<http://electionlawblog.org/?author=3>
Lyle Denniston
<http://www.scotusblog.com/2015/08/virginia-ex-governors-corruption-case-on-way-to-court/>:
One of the highest-profile political corruption cases in years will
soon be on its way to the Supreme Court. Lawyers for former
Virginia Governor Robert F. McDonnelltold a federal appeals court
<http://www.scotusblog.com/wp-content/uploads/2015/08/McDonnel-motion-to-stay-mandate-8-13-15.pdf>on
Thursday that they will be taking his corruption case on to
Washington and want him to be allowed to stay out of prison until
the Justices act. He has been free under an earlier court order
after a federal jury in Richmond found him guilty of eleven criminal
fraud counts, and the trial judge sentenced him to two years in prison.
In the new filing in the U.S. Court of Appeals for the Fourth
Circuit, McDonnell’s legal team said it would ask the Court to
review two questions of major importance in cases bringing public
corruption charges: what kind of official action must follow a
request to an officeholder for a favor, and whether the trial judge
in this case failed to ask potential jurors if they had made up
their minds about guilt based on the massive publicity that
surrounded the case before the trial.
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Posted inbribery <http://electionlawblog.org/?cat=54>,Supreme Court
<http://electionlawblog.org/?cat=29>
“DC Court Reformer Moving to New Job”
<http://electionlawblog.org/?p=75336>
Posted onAugust 14, 2015 8:27 am
<http://electionlawblog.org/?p=75336>byRick Hasen
<http://electionlawblog.org/?author=3>
Legal Times:
<http://www.nationallawjournal.com/legaltimes/id=1202734663912/DC-Court-Reformer-Moving-to-New-Job>
How courts systems find their judges is having a spotlight moment.
Comedian John Oliver unspooled a 13-minute argument against judicial
election donations in February. Presidential candidate and Sen. Ted
Cruz has called forretention elections of U.S. Supreme Court
justices
<http://www.nationallawjournal.com/id=1202732789255?keywords=supreme+court+judicial+election&publication=National+Law+Journal>.
And this month Justice at Stake, one of the most visible groups
opposing the politicization of judicial seats, will lose its
executive director.
Bert Brandenburg will become president of the Appleseed
public-interest law network this month. In his 14 years at Justice
at Stake, awareness of the group’s mission has grown.
“What was most exciting and I’m proudest of was helping build a
movement from scratch and put a new issue on the map of the American
political landscape,” Brandenburg said, reflecting on his tenure.
“We’re moving towards an enough-is-enough movement. I think getting
cash out of the courtroom is the fastest growing democracy issue
right now.”
It has been an absolute pleasure speaking to Bert and his group, and I
will miss having his careful and thoughtful work in this arena. Good luck!
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Posted inelection law biz <http://electionlawblog.org/?cat=51>
“Lerner slammed ‘evil and dishonest’ GOP inquisitors; Emails give a
revealing look behind the scenes at the IRS leading up to the
nonprofit targeting scandal” <http://electionlawblog.org/?p=75334>
Posted onAugust 14, 2015 8:22 am
<http://electionlawblog.org/?p=75334>byRick Hasen
<http://electionlawblog.org/?author=3>
Politico reports.
<http://www.politico.com/story/2015/08/lerner-slammed-evil-and-dishonest-gop-inquisitors-121307.html?hp=t2_r>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,tax law
and election law <http://electionlawblog.org/?cat=22>
The 2015 Election Law Teacher Database
<http://electionlawblog.org/?p=75331>
Posted onAugust 14, 2015 8:16 am
<http://electionlawblog.org/?p=75331>byRick Hasen
<http://electionlawblog.org/?author=3>
It is now availableat this link
<http://electionlawblog.org/wp-content/uploads/Election-Law-Database-2015.xlsx>.
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Posted inelection law biz <http://electionlawblog.org/?cat=51>
Responses to NYT Magazine Piece on Voting Rights, Including Mine
from Slate <http://electionlawblog.org/?p=75329>
Posted onAugust 14, 2015 7:48 am
<http://electionlawblog.org/?p=75329>byRick Hasen
<http://electionlawblog.org/?author=3>
To be published
<http://www.nytimes.com/2015/08/16/magazine/the-8-215-issue.html?_r=0>in
this week’s magazine.
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Posted inThe Voting Wars <http://electionlawblog.org/?cat=60>,Voting
Rights Act <http://electionlawblog.org/?cat=15>
“McDonnell asks to remain free pending appeal to Supreme Court”
<http://electionlawblog.org/?p=75327>
Posted onAugust 13, 2015 4:23 pm
<http://electionlawblog.org/?p=75327>byRick Hasen
<http://electionlawblog.org/?author=3>
The /Richmond Times-Dispatch /reports.
<http://www.richmond.com/news/local/crime/article_70c5766f-7d7e-5a08-b955-88a1f9f83d2d.html>
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Posted inbribery <http://electionlawblog.org/?cat=54>
“Federal Election Commission finally names top lawyer — sort of”
<http://electionlawblog.org/?p=75325>
Posted onAugust 13, 2015 3:47 pm
<http://electionlawblog.org/?p=75325>byRick Hasen
<http://electionlawblog.org/?author=3>
CPI reports.
<http://www.publicintegrity.org/2015/08/13/17837/federal-election-commission-finally-names-top-lawyer-sort>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
CA “Supreme Court affirms death penalty, rejecting ‘judicial
election’ argument” <http://electionlawblog.org/?p=75323>
Posted onAugust 13, 2015 3:25 pm
<http://electionlawblog.org/?p=75323>byRick Hasen
<http://electionlawblog.org/?author=3>
At the Lectern
<http://www.atthelectern.com/supreme-court-affirms-death-penalty-rejecting-judicial-election-argument/>:
Among many other issues, the court rejects the defendant’s argument
that he could not get a fair trial or appellate review because the
superior court judge and the Supreme Court justices are all subject
to judicial elections. The opinion summarizes the argument:
“judges who are subject to election cannot be impartial because they
might be removed from office if they rule in favor of a capital
defendant.” For a judge, elections might be like acrocodile in his
or her bathtub
<https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&ved=0CC4QFjACahUKEwis4tuJ16bHAhWTM4gKHearAW0&url=http%3A%2F%2Fdigitalcommons.law.scu.edu%2Fcgi%2Fviewcontent.cgi%3Farticle%3D1403%26context%3Dfacpubs&ei=zeDMVezHG5PnoATm14boBg&usg=AFQjCNEoAlLlCv_Mtu9U9OvSTfyf2ajIVw&sig2=z6tDhTvWmtkOzdqHRRMc0w&bvm=bv.99804247,d.cGU&cad=rja>,
and the voters’ removal of Supreme Court justices might become more
common than ahundred-year flood
<http://www.atthelectern.com/the-specter-of-more-frequent-100-year-floods/>,
but the court finds they do not present the “extreme facts”
necessary to cast doubt on judicial impartiality.
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Posted injudicial elections <http://electionlawblog.org/?cat=19>
“Watchdogs Urge Supreme Court to Overturn Lower Court & Send
Maryland Gerrymander Case to 3-Judge Panel”
<http://electionlawblog.org/?p=75321>
Posted onAugust 13, 2015 1:59 pm
<http://electionlawblog.org/?p=75321>byRick Hasen
<http://electionlawblog.org/?author=3>
Release
<http://www.campaignlegalcenter.org/news/press-releases/watchdogs-urge-supreme-court-overturn-lower-court-send-maryland-gerrymander-case>:
Today, in /Shapiro v. McManus/, the Campaign Legal Center joined
with Common Cause in filing an /amici/ brief
<http://www.campaignlegalcenter.org/sites/default/files/CLC%20%26%20Common%20Cause%20Amici%20Curiae%20Br.%20Shapiro%20v.%20McManus%20%2814-990%29%20SCOTUS%208-13-15.pdf> urging
the U.S. Supreme Court to overturn a U.S. District Court decision
which dismissed a challenge by voters to the blatant political
gerrymander carried out by then-Governor Martin O’Malley and the
Maryland state legislature in 2011. The petitioners argue that their
First Amendment rights were violated and they were discriminated
against because of their political party affiliations when the state
drastically redrew the sixth congressional district to unseat the
incumbent Republican Member of Congress and ensure the election of a
Democrat.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
Wow, This Exchange Between Marc Caputo and Rep. Brown Over FL
Redistricting <http://electionlawblog.org/?p=75319>
Posted onAugust 13, 2015 12:51 pm
<http://electionlawblog.org/?p=75319>byRick Hasen
<http://electionlawblog.org/?author=3>
Politico:
<http://www.capitalnewyork.com/article/florida/2015/08/8574280/brown-offers-fiery-rhetoric-no-data-claims-new-district>
Brown insisted that was the case, without providing specific
statistics, and the following is a transcript of her responses to
repeated questions from POLITICO Florida and the News Service of
Florida about her claims.
QUESTION: “The statistics don’t show that [an African-American would
not win the district].”
BROWN: “Yes it does.”
QUESTION: “Let me read these statistics. … These were run by two
analysts: The African-American share of the 2012 and 2014 Democratic
Primary was 63 percent. The primary. That’s the voters in the
primary: 63 percent. The African-American share of the 2014 general
election is 42 percent and the general election in 2012 was 46
percent. That is a minority-access seat by definition. That’s just
African-Americans in that newly drawn District 5. How can you say
it’s not a minority access seat?”
BROWN: “Because of the number of people that’s in that district—”
QUESTION: “These are voters. Those statistics are voters. That has
nothing to do with prisons.”
BROWN: “Excuse me. Because of the number of voters in that district
and the history in that district. And let’s be clear.”
QUESTION: “These are black voters we’re talking about. This is a
minority-access seat according to the voting percentages. How can
you say it’s not a minority-access seat?”
BROWN: “Listen. I say it’s not.”
QUESTION: “Based on what?”
BROWN: “I say it’s a nonperforming district.”
QUESTION: “I understand that if you say something you think it’s
true. What’s your statistics? What are your numbers?
BROWN: “The point is — I’m not giving you the numbers.”
QUESTION: “Because you don’t have them.”
BROWN: “Excuse me, who are you?”
QUESTION: “Marc Caputo, with POLITICO.”
BROWN: “OK. Let me explain something to you, we will get you—”
QUESTION: “Why don’t you explain to me what the statistics are since
you’ve cited them up there [while testifying in committee] but you
don’t have them?”
BROWN: “Listen, I’ll tell you what. I will be in court, with the
case in court. And that’s where we’ll deal with this. Because the
fact of the matter is, based on how the Florida Supreme Court drew
the district, it disenfranchised the people that live in the Fifth
Congressional District.”
NEWS SERVICE OF FLORIDA: “Barack Obama carried that district by more
than 20 points. How can you say it won’t elect a Democrat?”
BROWN: “It won’t elect an African-American one. And it won’t elect a
Democrat.”
NEWS SERVICE: “But Barack Obama carried it by 20 points.”
BROWN: “Well, we’ll see.”
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Voting Rights
Act <http://electionlawblog.org/?cat=15>
Did Sanders Campaign Leak Lessig Memo on Campaign Reform as Campaign
Issue? <http://electionlawblog.org/?p=75317>
Posted onAugust 13, 2015 12:34 pm
<http://electionlawblog.org/?p=75317>byRick Hasen
<http://electionlawblog.org/?author=3>
@Lessig in theDaily Beast
<http://www.thedailybeast.com/articles/2015/08/13/i-m-running-for-president-to-quit.html>:
This was the argument that I had made to Sanders directly, as Politico
reported yesterday
<http://www.politico.com/story/2015/08/bernie-sanders-larry-lessig-2016-campaign-121280.html>,
citing a confidential memo I had written, and that was apparently leaked
to Politico by the campaign. As I argued there:
Reform can’t be just one idea on a list. It can’t be something you
talk about achieving “in the long run.” Nothing that you’re talking
about doing is credible unless you achieve this reform first. What
you need to do clearly is to demonstrate convincingly how you’re
going to achieve at least the corruption, and voting parts of your
program as the first thing you do.
This is important both politically and for credibility.
Politically: every Democrat is going to be talking about basically
the same issues. You need to distinguish yourself from them by
describing a credible plan to make certain these changes happen first.
Credibility: after the surge of support for you, the single
strongest attack is going to be the “reality argument.” You’re
talking about a string of reforms that simply cannot happen in the
Washington of today. The “system is rigged.” If that rigging is good
for anything, it is good for blocking basically everything you’re
talking about.
The only response I’ve heard you give to that is that you’re
beginning a revolution—making it sound like the mechanism of change
is a bunch of people in the streets of D.C. Whether you believe that
is possible or not, other people won’t. Indeed, talking like that
only weakens your credibility.
The only credible way to talk about why you will get the change you
want where no one else has or could is because you have a plan for
making sure the “unrigging” of the “rigged system” happens first. If
you have a convincing and credible plan for that, then the other
changes you’re talking about don’t sound like mere fantasies.
Citizen equality can’t just be one issue on a list. It has to be the
first issue—the one change that makes all other changes believable.
For the first time in forever, The Wall Street Journal reports this
issue is at the top of voters’ mind. You need to be the leader who
makes it top of your platform as well.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Why did you add voting rights and gerrymandering to your reform
proposal?” <http://electionlawblog.org/?p=75315>
Posted onAugust 13, 2015 12:27 pm
<http://electionlawblog.org/?p=75315>byRick Hasen
<http://electionlawblog.org/?author=3>
Lessig for PresidentFAQ
<https://lessigforpresident.com/faq/#fancy-title-55cceeb695c49>:
Why did you add voting rights and gerrymandering to your reform
proposal?
My work on this issue began with a focus on the way money corrupts
the system. But pressed by many brilliant souls — Guy Charles, Rick
Hasen, and others — I have come to see that the reason the system is
“corrupt” is because it denies a fundamental equality of citizens.
And once you recognize that, then all the other ways the system
denies equality are also important. Though differently important. In
my view, the motivation for denying equal voting rights is partisan
— it benefits one party over the other. The motivation for denying
equal representation is political — gerrymandering is a game both
parties play, even if it benefits one party more than another. And
the motivation for the corrupted system of funding campaigns is
simply power — concentrating the funding in a few gives those few
enormous power in the political system.
Why not just focus on campaign finance reform?
The way we fund campaigns is a corruption of our constitutional
design. We were promised a Congress “dependent on the people alone,”
where “the People” meant, “not the rich more than the poor.” The
politicians have given us a Congress dependent on the funders of
campaigns — the rich more than all of us.
I have spent the last 8 years fighting to end this corruption.
But the reason this system is a corruption is because it denies
citizens a basic commitment of a representative democracy — that it
represent its citizens equally.
If we’re going to fight to correct that fundamental inequality of a
representative system, we should fight to correct the other
inequalities as well. We should fight to enact reform that gives all
of us equal political power, and end the general sense that too many
Americans have: that Congress doesn’t represent them.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“The Strangest Campaign Pledge; Why it makes sense to support a
candidate who vows to straighten out democracy and then quit.”
<http://electionlawblog.org/?p=75313>
Posted onAugust 13, 2015 10:18 am
<http://electionlawblog.org/?p=75313>byRick Hasen
<http://electionlawblog.org/?author=3>
Eric Posner
<http://www.slate.com/articles/news_and_politics/view_from_chicago/2015/08/lawrence_lessig_presidential_campaign_donate_before_labor_day_for_citizen.html?wpsrc=sh_all_tab_tw_bot>on
Lessig at Slate:
So there is a mismatch between Lessig’s means—a dramatic run for
office as an unprecedented “referendum president” who resigns as
soon as his mandate is legislated—and his goal, which is at best
incremental reform. In the past, he has argued with a great deal
more persuasiveness that the only way to reform the political system
is through a constitutional convention, and it is easier to see the
logic of this position than to understand his campaign goals.
Constitutional amendments really could go to the root of the
problem—by limiting campaign contributions (and thus
overturning/Citizens United/
<https://en.wikipedia.org/wiki/Citizens_United_v._FEC>, which held
that the First Amendment banned certain limits on political
expenditures), restructuring the Senate (which is a highly
unrepresentative body that favors rural interests), limiting the
power of the Supreme Court, and perhaps creating a parliamentary
system or something like it, which would avoid the twin problems of
gridlock and presidential abuse of power that have long been
troubling features of our system of separation of powers.
But most calls for constitutional conventions come these daysfrom
conservatives
<http://www.washingtonpost.com/politics/conservative-lawmakers-weigh-bid-to-call-for-constitutional-convention/2015/04/04/b25d4f1e-db02-11e4-ba28-f2a685dc7f89_story.html>,
who want to impose a balanced budget on the federal government and
who have no interest in adopting Lessig’s electoral reforms—nearly
all of which would benefit the Democratic party in the short term.
And the results of a constitutional convention—where moneyed
interests as well as all kinds of interest groups would play a big
role—are unpredictable. Well, not entirely unpredictable. Under the
amendment process of the Constitution, state legislatures can play
an important role in selecting delegates and ratifying amendments.
And while there is a means to circumvent their formal participation,
they would probably influence the outcome. This matters. Republicans
have vastly more control over state legislatures than Democrats
do—in part because of the gerrymandering Lessig wants to end—so we
can be pretty certain about the ideological tilt of any amendments
that might ultimately be ratified, if not their content.
This is probably why Lessig has not adopted his earlier proposal of
a constitutional convention to his presidential run. The rot goes
too deep. But it also should raise doubts about whether the Citizen
Equality Act can do any good.
Even if Lessig can’t win, or can’t do much more than hand over the
reins to his vice president if he does win, his candidacy would
bring a rare level of intelligence and political sophistication to
the election and much-needed attention to the problem of electoral
reform. For that reason, you mightdonate a little money to his
campaign <https://lessigforpresident.com/donate/>. I did.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Texas House Battleground Could Hinge on Voter-ID Law in Flux”
<http://electionlawblog.org/?p=75311>
Posted onAugust 13, 2015 8:27 am
<http://electionlawblog.org/?p=75311>byRick Hasen
<http://electionlawblog.org/?author=3>
National Journal reports.
<http://www.nationaljournal.com/politics/texas-house-battleground-could-hinge-on-voter-id-law-in-flux-20150813>
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Posted incampaigns <http://electionlawblog.org/?cat=59>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter id
<http://electionlawblog.org/?cat=9>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
“Road Ahead Murky After Voter ID Ruling”
<http://electionlawblog.org/?p=75309>
Posted onAugust 13, 2015 8:24 am
<http://electionlawblog.org/?p=75309>byRick Hasen
<http://electionlawblog.org/?author=3>
The /Austin Chronicle /reports.
<http://www.austinchronicle.com/news/2015-08-14/road-ahead-murky-after-voter-id-ruling/>
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Posted inelection 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>
“Former lawmakers sit on tens of millions in campaign cash”
<http://electionlawblog.org/?p=75307>
Posted onAugust 13, 2015 7:43 am
<http://electionlawblog.org/?p=75307>byRick Hasen
<http://electionlawblog.org/?author=3>
USA Today:
<http://www.news-press.com/story/news/politics/2015/08/12/former-politicians-like-trey-radel-tons-campaign-cash/31522477/>
At least 141 former members of Congress retain campaign accounts
containing a total of more than $46 million, a USA TODAY analysis
found. Twenty are linked to campaign committees with more than
$500,000 each. Nearly one-third of the ex-lawmakers have been out of
office at least five years.
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Posted incampaign 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
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