[EL] Lessig memo

Fri Aug 14 12:07:33 PDT 2015

I should have stated in the second sentence that attorneys may provide "free
compliance services" - rather than "free compliance advice"

On Fri, Aug 14, 2015 at 3:04 PM, Tyler Culberson <tylerculberson at gmail.com>
wrote:

> Bill,
> From my understanding, the provisions that guide the free legal services
> an attorney may provide a campaign committee are largely governed by
> whether or not the attorney was compensated (by an employer) for the
> services. If an attorney is compensated (by an entity other than the
> committee) they may only provide free compliance advice to a committee (at
> no charge to the committee). If an attorney were to volunteer for a
> committee (retaining no compensation from anyone) they may provide free
> policy advice, etc. I am unsure as to whether the FEC provides further
> guidance for voluntary legal services - most likely in AOs.
>
> As far as I am aware, no other professional services may be provided to
> committees free of charge or below fair-market-value. But, volunteer work
> allows for many services to be performed for free (so long as external
> compensation isn't involved).
>
> Another note to add, is that all this goes out the window when it comes
> time for a committee to retire debts, and they are allowed to file a
> debt-settlement plan and negotiate with vendors to lower or completely
> forgive outstanding debts.
>
>
> On Fri, Aug 14, 2015 at 2:15 PM, Bill Maurer <wmaurer at ij.org> wrote:
>
>> Thanks, Tyler and Rick, for pointing that out. I had a follow up question
>>
>>
>>
>> It appears that the FEC definition of in-kind contribution for
>> professional services provided at below-market-rates only applies to legal
>> services, is that right? So, if Lessig provided legal advice (unrelated to
>> compliance), then it would be a contribution. But because it’s policy, it’s
>> not, as I understand the FEC rule.
>>
>>
>>
>> If that’s the case, the FEC reg is considerably narrower than the
>> definition of “contribution” in state campaign laws. This would, for
>> instance, likely be an in-kind contribution under Washington’s law. It also
>> raises interesting equal protection issues for lawyers, not to mention that
>> the rule is a content-based restriction under Reed v. Town of Gilbert.
>>
>>
>>
>> Bill
>>
>>
>>
>>
>>
>> *From:* Tyler Culberson [mailto:tylerculberson at gmail.com]
>> *Sent:* Friday, August 14, 2015 11:01 AM
>> *To:* Bill Maurer
>> *Cc:* Rick Hasen; law-election at UCI.edu
>> *Subject:* Re: [EL] Lessig memo
>>
>>
>>
>> *manner
>>
>>
>>
>> On Fri, Aug 14, 2015 at 2:00 PM, Tyler Culberson <
>> tylerculberson at gmail.com> wrote:
>>
>> The memo and any "advice" provided by Lessig to Sanders would most likely
>> be considered a "volunteer" activity by the FEC and would therefore not be
>> needed to be reported as an in-kind...assuming Lessig was not compensated
>> in any manor for the memo. (100.74)
>>
>>
>>
>>
>>
>> On Fri, Aug 14, 2015 at 1:33 PM, Bill Maurer <wmaurer at ij.org> wrote:
>>
>> I don’t see on the FEC website where Lessig’s confidential memo to the
>> Sanders campaign giving valuable advice—presumably for free—has been listed
>> as an in-kind contribution. The Politico story doesn’t say when he wrote
>> it, so perhaps the campaign has not had to report it yet. But I would think
>> that this would qualify as a significant in-kind contribution that has to
>> be reported by the Sanders campaign and I would be interested if either of
>> them thought that that was the case.
>>
>>
>>
>> Bill
>>
>>
>>
>> *From:* law-election-bounces at department-lists.uci.edu [mailto:
>> law-election-bounces at department-lists.uci.edu] *On Behalf Of *Rick Hasen
>> *Sent:* Friday, August 14, 2015 8:46 AM
>> *To:* law-election at UCI.edu
>> *Subject:* [EL] ELB News and Commentary 8/14/15
>>
>>
>> “House GOP lays out plan for Va. redistricting session”
>> <http://electionlawblog.org/?p=75342>
>>
>> Posted on August 14, 2015 8:42 am <http://electionlawblog.org/?p=75342>
>>  by *Rick 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.
>>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75342&title=%E2%80%9CHouse%20GOP%20lays%20out%20plan%20for%20Va.%20redistricting%20session%E2%80%9D&description=>
>>
>> Posted in redistricting <http://electionlawblog.org/?cat=6>
>> “Louisiana Republican Party sues over campaign contribution limits to
>> state political parties” <http://electionlawblog.org/?p=75340>
>>
>> Posted on August 14, 2015 8:38 am <http://electionlawblog.org/?p=75340>
>>  by *Rick 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.*
>>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75340&title=%E2%80%9CLouisiana%20Republican%20Party%20sues%20over%20campaign%20contribution%20limits%20to%20state%20political%20parties%E2%80%9D&description=>
>>
>> Posted in campaign 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 on August 14, 2015 8:33 am <http://electionlawblog.org/?p=75338>
>>  by *Rick 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. McDonnell told 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.*
>>
>>
>>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75338&title=%E2%80%9CVirginia%20ex-governor%E2%80%99s%20corruption%20case%20on%20way%20to%20Court%E2%80%9D&description=>
>>
>> Posted in bribery <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 on August 14, 2015 8:27 am <http://electionlawblog.org/?p=75336>
>>  by *Rick 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 for retention 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!
>>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75336&title=%E2%80%9CDC%20Court%20Reformer%20Moving%20to%20New%20Job%E2%80%9D&description=>
>>
>> Posted in election 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 on August 14, 2015 8:22 am <http://electionlawblog.org/?p=75334>
>>  by *Rick 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>
>>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75334&title=%E2%80%9CLerner%20slammed%20%E2%80%98evil%20and%20dishonest%E2%80%99%20GOP%20inquisitors%3B%20Emails%20give%20a%20revealing%20look%20behind%20the%20scenes%20at%20the%20IRS%20leading%20up%20to%20the>
>>
>> Posted in campaign 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 on August 14, 2015 8:16 am <http://electionlawblog.org/?p=75331>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> It is now available at this link
>> <http://electionlawblog.org/wp-content/uploads/Election-Law-Database-2015.xlsx>
>> .
>>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75331&title=The%202015%20Election%20Law%20Teacher%20Database&description=>
>>
>> Posted in election 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 on August 14, 2015 7:48 am <http://electionlawblog.org/?p=75329>
>>  by *Rick 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.
>>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75329&title=Responses%20to%20NYT%20Magazine%20Piece%20on%20Voting%20Rights%2C%20Including%20Mine%20from%20Slate&description=>
>>
>> Posted in The 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 on August 13, 2015 4:23 pm <http://electionlawblog.org/?p=75327>
>>  by *Rick 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>
>>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75327&title=%E2%80%9CMcDonnell%20asks%20to%20remain%20free%20pending%20appeal%20to%20Supreme%20Court%E2%80%9D&description=>
>>
>> Posted in bribery <http://electionlawblog.org/?cat=54>
>> “Federal Election Commission finally names top lawyer — sort of”
>> <http://electionlawblog.org/?p=75325>
>>
>> Posted on August 13, 2015 3:47 pm <http://electionlawblog.org/?p=75325>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> CPI reports.
>> <http://www.publicintegrity.org/2015/08/13/17837/federal-election-commission-finally-names-top-lawyer-sort>
>>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75325&title=%E2%80%9CFederal%20Election%20Commission%20finally%20names%20top%20lawyer%20%E2%80%94%20sort%20of%E2%80%9D&description=>
>>
>> Posted in campaign 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 on August 13, 2015 3:25 pm <http://electionlawblog.org/?p=75323>
>>  by *Rick 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 a crocodile 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 a hundred-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.*
>>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75323&title=CA%20%E2%80%9CSupreme%20Court%20affirms%20death%20penalty%2C%20rejecting%20%E2%80%98judicial%20election%E2%80%99%20argument%E2%80%9D&description=>
>>
>> Posted in judicial 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 on August 13, 2015 1:59 pm <http://electionlawblog.org/?p=75321>
>>  by *Rick 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.*
>>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75321&title=%E2%80%9CWatchdogs%20Urge%20Supreme%20Court%20to%20Overturn%20Lower%20Court%20%26%20Send%20Maryland%20Gerrymander%20Case%20to%203-Judge%20Panel%E2%80%9D&description=>
>>
>> Posted in Uncategorized <http://electionlawblog.org/?cat=1>
>> Wow, This Exchange Between Marc Caputo and Rep. Brown Over FL
>> Redistricting <http://electionlawblog.org/?p=75319>
>>
>> Posted on August 13, 2015 12:51 pm <http://electionlawblog.org/?p=75319>
>>  by *Rick 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.”*
>>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75319&title=Wow%2C%20This%20Exchange%20Between%20Marc%20Caputo%20and%20Rep.%20Brown%20Over%20FL%20Redistricting&description=>
>>
>> Posted in redistricting <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 on August 13, 2015 12:34 pm <http://electionlawblog.org/?p=75317>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> @Lessig in the Daily 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.*
>>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75317&title=Did%20Sanders%20Campaign%20Leak%20Lessig%20Memo%20on%20Campaign%20Reform%20as%20Campaign%20Issue%3F&description=>
>>
>> Posted in campaign finance <http://electionlawblog.org/?cat=10>
>> “Why did you add voting rights and gerrymandering to your reform
>> proposal?” <http://electionlawblog.org/?p=75315>
>>
>> Posted on August 13, 2015 12:27 pm <http://electionlawblog.org/?p=75315>
>>  by *Rick Hasen* <http://electionlawblog.org/?author=3>
>>
>> Lessig for President FAQ
>> <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.*
>>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75315&title=%E2%80%9CWhy%20did%20you%20add%20voting%20rights%20and%20gerrymandering%20to%20your%20reform%20proposal%3F%E2%80%9D&description=>
>>
>> Posted in Uncategorized <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 on August 13, 2015 10:18 am <http://electionlawblog.org/?p=75313>
>>  by *Rick 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 days from
>> 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 might donate a little money to his campaign
>> <https://lessigforpresident.com/donate/>. I did.*
>>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75313&title=%E2%80%9CThe%20Strangest%20Campaign%20Pledge%3B%20Why%20it%20makes%20sense%20to%20support%20a%20candidate%20who%20vows%20to%20straighten%20out%20democracy%20and%20then%20quit.%E2%80%9D&description=>
>>
>> Posted in campaign 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 on August 13, 2015 8:27 am <http://electionlawblog.org/?p=75311>
>>  by *Rick 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>
>>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75311&title=%E2%80%9CTexas%20House%20Battleground%20Could%20Hinge%20on%20Voter-ID%20Law%20in%20Flux%E2%80%9D&description=>
>>
>> Posted in campaigns <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 on August 13, 2015 8:24 am <http://electionlawblog.org/?p=75309>
>>  by *Rick 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/>
>>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75309&title=%E2%80%9CRoad%20Ahead%20Murky%20After%20Voter%20ID%20Ruling%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>
>> “Former lawmakers sit on tens of millions in campaign cash”
>> <http://electionlawblog.org/?p=75307>
>>
>> Posted on August 13, 2015 7:43 am <http://electionlawblog.org/?p=75307>
>>  by *Rick 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.*
>>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75307&title=%E2%80%9CFormer%20lawmakers%20sit%20on%20tens%20of%20millions%20in%20campaign%20cash%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
>>
>> ------------------------------
>>
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