[EL] ELB News and Commentary 8/17/15

Sun Aug 16 21:06:04 PDT 2015

    “The McCain-Feingold Act May Doom Itself”
    <http://electionlawblog.org/?p=75372>

Posted onAugust 16, 2015 9:04 pm 
<http://electionlawblog.org/?p=75372>byRick Hasen 
<http://electionlawblog.org/?author=3>

I have writtenthis oped 
<http://www.nationallawjournal.com/id=1202734808860/OpEd-The-McCainFeingold-Act-May-Doom-Itself?cmp=share_twitter>for 
the /National Law Journal/. It begins:

    Did the congressional drafters of the 2002 McCain-Feingold
    campaign-finance law build within it the seeds for its own destruction?

    Tucked within the Bipartisan Campaign Reform Act (the formal name
    for “McCain-Feingold”) is a provision requiring that certain
    constitutional challenges to the law be heard by a three-judge
    court, with direct appeal to the U.S. Supreme Court. This special
    jurisdictional provision makes it much more likely that within the
    next few years the Supreme Court will strike limits on the amounts
    people and entities can contribute to the political parties in
    so-called party soft money.

    If the court does so, it would be knocking down the second of
    McCain-Feingold’s two pillars. The court knocked down the first
    pillar—the limits on corporate and union spending—in the 2010
    case/Citizens United v. Federal Election Commission/.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>,political parties 
<http://electionlawblog.org/?cat=25>,Supreme Court 
<http://electionlawblog.org/?cat=29>

    L.A.’s Experience Shows the Importance of the Ban on Direct
    Corporate Contributions to Candidates
    <http://electionlawblog.org/?p=75370>

Posted onAugust 16, 2015 8:59 pm 
<http://electionlawblog.org/?p=75370>byRick Hasen 
<http://electionlawblog.org/?author=3>

The LAT has a great story,Follow the Money: It’s Not So Easy 
<http://www.latimes.com/local/cityhall/la-me-campaign-donations-20150810-story.html>. 
  It talks about the difficulty of preventing corruption, providing 
information to voters, and enforcing the individual contribution limits 
when entities are also allowed to directly contribute to candidates.

It compares L.A.’s experience to San Diego’s, which has such limits 
(limits which I successfully helped to defend in the /Thalheimer 
<http://electionlawblog.org/?s=thalheimer&x=0&y=0> /litigation).

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Posted inUncategorized <http://electionlawblog.org/?cat=1>

    “Election Law Federalism” <http://electionlawblog.org/?p=75368>

Posted onAugust 16, 2015 8:52 pm 
<http://electionlawblog.org/?p=75368>byRick Hasen 
<http://electionlawblog.org/?author=3>

Justin Weinstein-Tull has postedthis draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2643207>on SSRN 
(forthcoming, Michigan Law Review). Here is the abstract:

    This Article provides the first comprehensive account of non-Voting
    Rights Act federal voting laws. Section 5 of the Voting Rights Act —
    long the most effective voting rights law in American history — was
    disabled by the Supreme Court in Shelby County v. Holder. Section 2
    of the Voting Rights Act is in the crosshairs. As the Supreme Court
    becomes more hostile to race-based anti-discrimination laws like the
    Voting Rights Act, Congress will turn to race-neutral, election
    administration-based reforms to strengthen the right to vote.
    Indeed, many proposals for reform post-Shelby County have taken this
    form. The laws examined in this Article — the National Voter
    Registration Act of 1993 (NVRA), the Uniformed and Overseas Citizens
    Absentee Voting Act (UOCAVA), and the Help America Vote Act (HAVA) —
    regulate major aspects of the elections process: voter registration,
    absentee ballots, voting machine technology, and accessibility for
    disabled persons. These statutes, and the kind of election
    regulation they illustrate, both represent the future of federal
    election law (for better or worse) and present previously unstudied
    challenges with implications for election law broadly.

    Federal legislation that seeks to regulate and standardize elections
    implicates complicated relationships among federal, state, and local
    governments. This domain of “election law federalism” has two
    distinct features: 1) unusually expansive federal power to legislate
    pursuant to the Elections Clause; and 2) widespread state
    prerogative to delegate election responsibilities to local
    government. Because of these unique characteristics, federal
    election laws of the kind discussed in this Article run in perceived
    tension with traditional federalism doctrines like the
    anti-commandeering principle and state authority to organize its own
    subdivisions. That tension has led to enforcement difficulties and
    widespread noncompliance with the statutes. This Article proposes
    reforms that would allow federal election legislation to accommodate
    the realities of the elections system and more effectively optimize
    the roles of federal, state, and local governments within the
    elections system.

I read an earlier draft of this article and recommend it.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,Elections Clause 
<http://electionlawblog.org/?cat=70>,The Voting Wars 
<http://electionlawblog.org/?cat=60>

    “Pro-Bush super PAC spending $10M-plus on initial TV campaign”
    <http://electionlawblog.org/?p=75366>

Posted onAugust 16, 2015 4:58 pm 
<http://electionlawblog.org/?p=75366>byRick Hasen 
<http://electionlawblog.org/?author=3>

AP reports 
<http://bigstory.ap.org/urn:publicid:ap.org:73db14669cab4a74a61ce14f6c310353>.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>

    Very Interesting Amicus Brief in Evenwel Case from City of Yakima,
    WA <http://electionlawblog.org/?p=75363>

Posted onAugust 16, 2015 4:52 pm 
<http://electionlawblog.org/?p=75363>byRick Hasen 
<http://electionlawblog.org/?author=3>

You can read the briefhere 
<http://electionlawblog.org/wp-content/uploads/14-940-tsac-Yakima-WA.pdf>.

The brief shows the complex interaction of the one person, one vote rule 
and the requirements to redistrict under Section 2 of the Voting Rights 
Act when there is a large non-citizen population.

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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>

    Julian Bond: A Remembrance from Anthony Michael Kreis
    <http://electionlawblog.org/?p=75360>

Posted onAugust 16, 2015 4:42 pm 
<http://electionlawblog.org/?p=75360>byRick Hasen 
<http://electionlawblog.org/?author=3>

Julian Bond passed away 
<http://www.nytimes.com/2015/08/17/us/julian-bond-former-naacp-chairman-and-civil-rights-leader-dies-at-75.html>at 
age 75.  The following is a remembrance from Anthony Michael Kreis 
<http://spia.uga.edu/directory/students/kreis-anthony-michael>. Kreis is 
a Ph.D. candidate at the University of Georgia. While in law school, he 
served as a research assistant to Julian Bond intermittently between 
2009 and 2010:

    Civil rights advocate Julian Bond lived an accomplished life
    committed to the expansion of justice and equality for all. His
    death on Saturday is a loss for the nation.

    A native of Nashville, Bond attended Morehouse College in Atlanta.
    At Morehouse, Bond helped found the Student Nonviolent Coordinating
    Committee, launching himself into the Civil Rights Movement. Later
    in life, Bond served as chairman of the NAACP and led the Southern
    Poverty Law Center.

    After the Voting Rights Act’s enactment in 1965, Bond was one of
    eight black candidates elected to the Georgia House of
    Representatives. White members of the Georgia House, however, were
    unwilling to welcome Bond into the chamber. The Georgia House
    refused to seat him, citing his opposition to the Vietnam War. A
    unanimous decision by the United States Supreme Court ordered the
    legislature to seat him in 1966.

    He spent 20 years in the Georgia General Assembly. Among his many
    legislative achievements was the creation of a majority-black
    congressional district in Atlanta. In 1968, he was the co-chairman
    of a racially integrated delegation to the Democratic National
    Convention. It was at that Convention, he became the first
    African-American nominated for vice president of the United States.

    Later in life, he taught civil rights history at the University of
    Virginia. That is where I met Professor Bond. For two summers while
    law student, I volunteered to help Professor Bond on research
    looking into the NAACP’s litigation work prior to the Second World War.

    Julian Bond’s impact on civil rights and voting rights is hard to
    overstate. I could write a novel about Julian Bond’s many
    accomplishments, but offer a small story to illustrate the civil
    rights giant’s kindness and wisdom.

    Recently, I’ve become deeply involved in advancing LGBT rights in
    Georgia. A few years ago, I wrote to Bond detailing the status of
    LGBT issues in Georgia. I asked him how he managed to stay committed
    to the cause in the face of tremendous challenges and how he kept
    hope alive in communities that were more accustom to defeat than
    victory. His response was simple, “You must persevere.” He went on
    and explained that win or lose standing up for social justice is a
    triumph in its own right.

    There are many challenges that we face in America today that Julian
    Bond was deeply passionate about, including protecting voting
    rights, advancing LGBT rights, and reforming the criminal justice
    system. Julian Bond’s legacy will live on in these civil rights
    causes and many more. As we carry the torch that Julian Bond and
    many others have passed on to us, we must embrace his wisdom and
    remember that there is always victory in the act of speaking out.

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Posted inUncategorized <http://electionlawblog.org/?cat=1>

    “Editorial: Voter ID laws, already bogus, ruled racist and
    discriminatory.” <http://electionlawblog.org/?p=75356>

Posted onAugust 14, 2015 3:19 pm 
<http://electionlawblog.org/?p=75356>byRick Hasen 
<http://electionlawblog.org/?author=3>

St. Louis Post-Dispatch Editorial, 
<http://www.stltoday.com/news/opinion/columns/the-platform/editorial-voter-id-laws-already-bogus-ruled-racist-and-discriminatory/article_e7f17009-9d13-5c75-b80e-fa18b9ca4aa4.html>which 
after correction still getsJustin Levitt 
<http://www.lls.edu/aboutus/facultyadministration/faculty/facultylistl-r/levittjustin/>‘s 
affiliation wrong.

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Posted inThe Voting Wars <http://electionlawblog.org/?cat=60>,Voting 
Rights Act <http://electionlawblog.org/?cat=15>

    Josh Douglas and Michael Solimine Write Amicus Brief on Three-Judge
    Courts in Shapiro v. McManus Case at SCOTUS
    <http://electionlawblog.org/?p=75352>

Posted onAugust 14, 2015 2:18 pm 
<http://electionlawblog.org/?p=75352>byRick Hasen 
<http://electionlawblog.org/?author=3>

You can read it here 
<http://electionlawblog.org/wp-content/uploads/14-990-tsac-Election-Law-Scholars.pdf>.

These are the two leading election law scholars who write about election 
law procedure.

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Posted inSupreme Court <http://electionlawblog.org/?cat=29>

    “Obama praises lead plaintiff in NC voting-rights lawsuit”
    <http://electionlawblog.org/?p=75350>

Posted onAugust 14, 2015 11:32 am 
<http://electionlawblog.org/?p=75350>byRick Hasen 
<http://electionlawblog.org/?author=3>

/News & Observer/: 
<http://www.newsobserver.com/news/politics-government/state-politics/article31007307.html>

    Rosanell Eaton, a 94-year-old Franklin County resident who had to
    recite the preamble to the U.S. Constitution to three county
    registrars in the 1940s to be eligible to vote, got a special
    mention this week from the U.S. president.

    President Barack Obama described his admiration for Eaton in aletter
    to the editor of The New York
    Times<http://www.nytimes.com/2015/08/16/magazine/president-obamas-letter-to-the-editor.html?smid=tw-share&_r=0>after
    the magazine’sAug. 2 article
    <http://www.nytimes.com/2015/07/29/magazine/voting-rights-act-dream-undone.html>about
    a 50-year campaign to dismantle protections in the Voting Rights Act
    of 1965.

    In that letter, published Wednesday in response to the piece by Jim
    Rutenberg, Obama said he was “inspired to read about unsung American
    heroes like Rosanell Eaton.”

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Posted inThe Voting Wars <http://electionlawblog.org/?cat=60>,Voting 
Rights Act <http://electionlawblog.org/?cat=15>

    “Group accuses McCaskill of violating federal campaign finance laws”
    <http://electionlawblog.org/?p=75348>

Posted onAugust 14, 2015 11:30 am 
<http://electionlawblog.org/?p=75348>byRick Hasen 
<http://electionlawblog.org/?author=3>

CNN reports 
<http://www.cnn.com/2015/08/13/politics/claire-mccaskill-todd-akin/>:

    A conservative group filed a complaint against Sen. Claire McCaskill
    on Thursday, accusing her of violating federal campaign finance laws
    to beat Todd Akin in Missouri’s 2012 Senate race.

    The Foundation for Accountability and Civic Trust, a conservative
    government watchdog group, submitted a complaint to the Federal
    Election Commission saying that McCaskill attempted to illegally
    influence who would be her opponent in the Senate race by sharing
    valuable polling data with the Akin campaign….

    “This is just silly. If there was something to hide, I’m pretty sure
    that it would not have been included in the book,” said John
    LaBombard, a spokesman for McCaskill.

My earlier coverage ishere. <http://electionlawblog.org/?p=75272>

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

    LA Times Editorial Likes Federal Court Decision Allowing Ballot
    Selfies <http://electionlawblog.org/?p=75346>

Posted onAugust 14, 2015 9:17 am 
<http://electionlawblog.org/?p=75346>byRick Hasen 
<http://electionlawblog.org/?author=3>

See here. 
<http://www.latimes.com/opinion/editorials/la-ed-ballot-selfies-20150814-story.html>

I’ll explain why they are wrong on Monday.

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Posted inUncategorized <http://electionlawblog.org/?cat=1>

    “Pro-Republican ads funded by group with untraceable donors”
    <http://electionlawblog.org/?p=75344>

Posted onAugust 14, 2015 8:55 am 
<http://electionlawblog.org/?p=75344>byRick Hasen 
<http://electionlawblog.org/?author=3>

AP 
<http://bigstory.ap.org/article/65a230e3ca2b45558f8be06de05992a8/pro-republican-ads-funded-group-untraceable-donors>:

    Opportunity News Media wants you to know it’s OK to be a Republican,
    and it is spending $3 million to say so in the presidential
    battleground states of Ohio and Colorado.

    Where that money comes from is anybody’s guess.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>

    “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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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
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http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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