[EL] ELB News and Commentary 8/31/15
Rick Hasen
rhasen at law.uci.edu
Sun Aug 30 21:02:02 PDT 2015
ELB Podcast Episode 3: Larry Lessig: Bold Campaign Reformer or Don
Quixote? <http://electionlawblog.org/?p=75706>
Posted onAugust 30, 2015 9:00 pm
<http://electionlawblog.org/?p=75706>byRick Hasen
<http://electionlawblog.org/?author=3>
Larry Lessig for president? The campaign finance reformer considers
throwing his hat in the ring and proposes being president only long
enough to pass a package of election reforms. What does Lessig believe
about campaign finance? What other changes would he make in how we run
our elections? Is his campaign strategy sound, given other reformers who
have blasted his tactics?
Larry Lessig joins us for a frank conversation about Lessig for
President. Larry Lessig: Bold Campaign Reformer or Don Quixote?
You can listen to the ELB Podcast Episode 3 onSoundcloud
<https://soundcloud.com/rick-hasen/elb-podcast-episode-3-larry-lessig-bold-campaign-reformer-or-don-quixote>orsubscribe
at iTunes
<https://geo.itunes.apple.com/us/podcast/elb-podcast/id1029317166?mt=2>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,ELB
Podcast <http://electionlawblog.org/?cat=116>
“N. Carolina redistricting foes return to state Supreme Court as
justices weigh Alabama case” <http://electionlawblog.org/?p=75722>
Posted onAugust 30, 2015 8:38 pm
<http://electionlawblog.org/?p=75722>byRick Hasen
<http://electionlawblog.org/?author=3>
AP reports.
<http://m.dailyjournal.net/view/story/b63e3391b65d40e298276211c1573342/NC--Redistricting>
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Defection of Perry Aide to Trump Camp Has Iowans Fearing for Image”
<http://electionlawblog.org/?p=75720>
Posted onAugust 30, 2015 6:48 pm
<http://electionlawblog.org/?p=75720>byRick Hasen
<http://electionlawblog.org/?author=3>
Fascinating Trip
Gabriel<http://www.nytimes.com/2015/08/31/us/politics/iowans-fear-allegiance-swap-erodes-clean-political-image.html?ref=politics&_r=0>for
the NYT:
Is Iowa for sale?
That is the perception sending shudders through the state’s
Republicans, after the leader of Rick Perry’s Iowa campaign quit
when Mr. Perry suspended pay to staff members, then quickly went to
work forDonald J. Trump
<http://www.nytimes.com/interactive/2015/06/16/us/elections/donald-trump.html?inline=nyt-per>,
who he had earlier said lacked a “moral center.”
The head-spinning dismount and remount came three weeks after
another embarrassing episode for the state’s Republicans. A
long-running scandal over under-the-table payments to a state
senator to endorse Ron Paul’s presidential bid in 2011 led to
thefederal indictment this month
<http://www.nytimes.com/2015/08/06/us/politics/rand-paul-associate-jesse-benton-indicted-on-2012-campaign-finance-charges.html>of
Mr. Paul’s former campaign manager.
On Tuesday, at a meeting of the Polk County Republican Party in Des
Moines, the two events were linked in many conversations — as they
have been all week by Iowa’s political insiders, who are
hypersensitive about the state’s privileged role as the first to
vote in presidential races.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Could Donald Trump win the Republican presidential nomination?”
<http://electionlawblog.org/?p=75718>
Posted onAugust 30, 2015 6:43 pm
<http://electionlawblog.org/?p=75718>byRick Hasen
<http://electionlawblog.org/?author=3>
Sandy Levinson
<http://balkin.blogspot.com/2015/08/could-donald-trump-win-republican.html>:
The quick and dirty answer to the question is yes. And the reason
has to do with the formal rules adopted by the Republican Party with
regard to the allocation of delegates to the 2016 Convention, to be
held in Cleveland in June. Four states are allowed to have their
primaries in February–Iowa, South Carolina, New Hampshire, and
Nevada–and then the scramble begins. A whole bunch of states will
have their primaries before March 15. AND THE RULES REQUIRE THAT
ALL OF THESE STATES OPERATE ON THE BASIS OF PROPORTIONAL
REPRESENTATION/(/as is true for the first four states). Then things
get interesting, for it is up to the states themselves to decide
whether delegates will be allocated by proportional representation
or winner take all. The current calendar for the Republican
primaries indicates that the following states will be holding their
primaries after March 15: Arizona, Utah, Wisconsin, Connecticut,
Delaware, Maryland, Pennsylvania, Rhode Island, Indiana, Nebraska,
West Virginia, Oregon, California, Montana, New Jersey, New Mexico,
South Dakota, and DC. Apparently dates are not yet firmed up for New
York, North Dakota, Utah, Colorado, Idaho, Kansas, Maine,
Washington, and Wyoming. Game theory suggests that there will be
advantages to coming late precisely because it looks almost certain
that there will be at least five or six candidates still duking it
out by the Spring. (I was on a program several weeks ago with the
leader of the Travis County Republican Party, who predicted that
there will be at least 5 or 6 candidates in the Texas primary on
Super Tuesday, March 1. It seems altogether likely that Trump will
have more delegates on March 15 than any other single candidate,
even if, as I am assuming, he has, say, “only” 30% of the total.
But if six or seven others are dividing up the remaining 70%, that
obviously means that none of the others is likely to be all that
close to Trump.
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Posted inpolitical parties
<http://electionlawblog.org/?cat=25>,primaries
<http://electionlawblog.org/?cat=32>
Speaking on Two Panels at APSA <http://electionlawblog.org/?p=75716>
Posted onAugust 30, 2015 6:36 pm
<http://electionlawblog.org/?p=75716>byRick Hasen
<http://electionlawblog.org/?author=3>
Really looking forward to these:
Author Meets Critics: Bruce Cain’s Democracy More or Less
*Sun, September 6, 8:00 to 9:45am, Parc 55, Mission I**Session
Submission Type:*Roundtable
Session Description
This panel brings political scientists with electoral and
institutional expertise together with legal scholars to discuss
Bruce Cain’s new book, Democracy More or Less: America’s Political
Reform Quandary (Cambridge University Press, 2014). They will bring
their diverse approaches to electoral reform to this discussion with
the author to give a balanced look at this work and the prospects of
reform overall
Sub Unit
* *DIVISION 34: REPRESENTATION AND ELECTORAL SYSTEMS*
Chair
* /Thad//Kousser/, University of California, San Diego
Presenters
* /Bruce//E.//Cain/
* /Richard//L.//Hasen/, UC Irvine School of Law
* /Frances//E.//Lee/, University of Maryland, College Park
* /Raymond//J.//La Raja/, University of Massachusetts, Amherst
* /Richard//Pildes/, New York University
The Prospects for Constitutional Change and Reform in the U.S.
*Fri, September 4, 11:30am to 1:00pm, Hilton, Franciscan A**Session
Submission Type:*Roundtable
Session Description
This roundtable will address and assess the current prospects for
fundamental constitutional change and reform in the U.S. The
roundtable will particularly engage with the contemporary concern
with dysfunctional government, the prospects for reform through
formal amendment or a constitutional convention, the various
political currents impelling us toward (or away) from reform, and
what these practical topics imply for the theory of constitutional
change. I (Steve Griffin) am proposing eminent discussants who have
both general and specific expertise on each of these topics. Sandy
Levinson’s book “Framed” set the stage for recent discussion of
formal efforts at reform. Both Sandy and John Vile are informed
observers of current efforts by conservative groups to call a
constitutional convention to restore a traditional understanding of
American federalism. Vile is also well informed on all of the
proposals for formal amendment and significant alteration of the
Constitution in American history. Rick Hasen is an expert on voting
rights and political reform generally. He can also speak to the
California experience with direct democracy, which is also important
to this topic. I have a book coming out with Kansas Press in fall
2015 on the links between our current troubles with dysfunctional
government and the Constitution itself. The book argues that a
number of recent “policy disasters” can be traced back to the
elements of our contemporary constitutional order. In addition, it
focuses attention on the key role of trust in government and argues
that maintaining trust is a constitutional issue as well. The book
discusses how the issue of trust has been addressed historically in
California and other western states through the use of direct
democracy. The book also discusses the prospects for fundamental
constitutional reform.
Melissa Schwartzberg is a rising scholar of constitutional and
democratic theory who brings an unusual historical perspective to
her work. She has specifically written on the theory of
constitutional change in a way that makes it easy to relate theory
to contemporary concerns over dysfunctional government. This is
really an outstanding group for this topic and we look forward to
having a very productive exchange!
Sub Unit
* *DIVISION 27: CONSTITUTIONAL LAW AND JURISPRUDENCE*
Chair
* /Stephen//M.//Griffin/, Tulane Law School
Presenters
* /John//R.//Vile/, Middle Tennessee State University
* /Sanford//Levinson/, University of Texas, Austin
* /Richard//L.//Hasen/, UC Irvine School of Law
* /Melissa//A.//Schwartzberg/, New York University
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
Two Law and Political Process Study Group Panels at APSA
<http://electionlawblog.org/?p=75714>
Posted onAugust 30, 2015 6:34 pm
<http://electionlawblog.org/?p=75714>byRick Hasen
<http://electionlawblog.org/?author=3>
We hope to see you there:
Political Parties and Campaign Finance in the Post-Citizens United
World
*Sat, September 5, 10:15am to 12:00pm, Hilton, Mason Room**Session
Submission Type:*Full Panel
Session Description
Political Parties and Campaign Finance in the Post-Citizens United World
Sub Unit
* *Related Groups / Law and Political Process Study Group*
Chair
* /Daniel//H.//Lowenstein/, University of California, Los Angeles
Discussant
* /Yasmin//Dawood/, University of Toronto
Individual Submissions
* *Ideological Donors, Contribution Limits, and the Polarization of
American Legislatures*–/Michael//Barber/, Brigham Young University
* *The Federalist Safeguards of Politics*–/Anthony//Johnstone/,
University of Montana
* *Legislators as Party Elites: Intraparty Factionalism and
Presidential Politics in the New Hampshire State
House*–/Seth//E.//Masket/, University of Denver
* *Democratic Romanticism*–/Richard//Pildes/, New York University
*
Roundtable on the Voting Rights Act at 50
*Fri, September 4, 2:30 to 4:00pm, Hilton, Union Square 1 & 2**Session
Submission Type:*Roundtable
Session Description
2015 marks the 50th anniversary of the passage of the Voting Rights
Act, providing an opportunity for reflection on the past and
thoughts about the Act’s future. Among the questions to be
considered: What has been the effect of the Supreme Court’s decision
in Shelby County to render the preclearance provisions of the Act
ineffective? What is the likelihood of congressional reinstitution
of the preclearance provision? Does Section 2 of the Act continue to
function as intended? What is the future for Section 2 and Section
203 language claims in the courts?
Sub Unit
* *Related Groups / Law and Political Process Study Group*
Chair
* /Bernard//N.//Grofman/, University of California, Irvine
Presenters
* /Matt//A.//Barreto/, University of California, Los Angeles
* /Kareem//Crayton/, Crimcard Consulting Services
* /Pamela//S.//Karlan/, Stanford Law School
* /Derek//Muller/, Pepperdine University School of Law
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,political
parties <http://electionlawblog.org/?cat=25>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
“What’s the Deal with Trump? Cleaning up elections, beating up
corporations” <http://electionlawblog.org/?p=75712>
Posted onAugust 30, 2015 6:32 pm
<http://electionlawblog.org/?p=75712>byRick Hasen
<http://electionlawblog.org/?author=3>
Weekly Standard
<http://www.weeklystandard.com/articles/what-s-deal-trump_1020773.html?page=3>:
This economic critique fits into a sophisticated attack on the
present state of presidential campaign finance. It is not a call for
reform. It is a boast of his own unbuyability in a world where all
politicians can be bought. A/Washington Post/article about the
consternation of top Republicans took the boast at face value:
“Donors feel powerless. Republican officials have little leverage.
Candidates are skittish. Super-PAC operatives say attack ads against
him could backfire.” Most voters will read of such big-donor
consternation and think: What’s not to like? On the trail, Trump has
of late been telling the story of a lobbyist who came to him
offering the campaign $5 million, only to be sent away. Otherwise,
Trump says, “he’ll be coming in two years, representing some foreign
government.” Trump alleges that Jeb Bush has secretly raised either
$114 million or $135 million this way. Whether this lobbyist is an
actual person or a composite, the story is plausible, and Trump uses
it for a beautiful piece of oratorical pedagogy. He talks about how
even the noblest politicians with the best intentions will give in
to lobbyists once they get behind closed doors:
I turned down so much money I feel like a stupid person . . . five
million dollars. I could have it right now, and I turned him down.
In fact, how about—I’ll just take a vote—how about if I take all
this money and promise you, swear to you, that I won’t do anything
for these people. What about that? No?
“/Nooooo!/” the crowd bellows.
This kind of campaign-finance talk could broaden Trump’s appeal far
beyond the Republican party. This week, a Quinnipiac poll found his
support strongest among liberal and moderate Republicans.
Progressive campaign-finance activist Lawrence Lessig of Harvard Law
School told/Politico/he would consider running with Trump on a
third-party ticket.
In an interview with me for the ELB Podcast, Lessigsays he would not
consider a run with Trump. <http://electionlawblog.org/?p=75706>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Kris Kobach says voter registrations without ‘proof of citizenship’
need to go” <http://electionlawblog.org/?p=75710>
Posted onAugust 30, 2015 6:27 pm
<http://electionlawblog.org/?p=75710>byRick Hasen
<http://electionlawblog.org/?author=3>
KC Star:
<http://www.kansascity.com/news/government-politics/article32820537.html>
One complication of the state’s proof-of-citizenship law is that
federal elections have no such requirement.
Two voters are challenging Kobach’s decision that those who register
to vote using a federal form, which doesn’t require proof of
citizenship, can’t cast ballots in state and local elections. A
Shawnee County district judge last week allowed that lawsuit to go
forward.
Earlier this summer, Kobach lost his bid to add the state’s
proof-of-citizenship requirements to the federal form. The U.S.
Supreme Court upheld a lower court ruling against that idea, leaving
in place a system in which Kansas voters who register with the
federal form can only vote in federal races.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
More on Congressional Overrides of #SCOTUS Statutory Decisions
<http://electionlawblog.org/?p=75708>
Posted onAugust 30, 2015 6:21 pm
<http://electionlawblog.org/?p=75708>byRick Hasen
<http://electionlawblog.org/?author=3>
In 2012, I wrote a paper, End of the Dialogue: Political Polarization,
the Supreme Court and Congress
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2130190>. Using Bill
Eskridge’s methodology, I updatedhis pathbreaking 1991 study
<http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?...>on
congressional overrides.
Professor Eskridge and his co-author, Matt Christiansen did a new study
of overrides, Congressional Overrides of Supreme Court Statutory
Interpretation Decisions, 1967*–*2011
<http://www.texaslrev.com/wp.../EskridgeChristiansen-92-6.p...>, 92
TEXASL. REV. 1317 (2014). It is a long and important piece, but it took
issue with some aspects of my 2012 study.
Jim Buatti (my research assistant on the 2012 paper) and I have now
written a response to the critique, Conscious Congressional Overriding
of the Supreme Court, Gridlock, and Partisan Politics
<http://www.texaslrev.com/conscious-congressional-overriding-of-the-supreme-court-gridlock-and-partisan-politics/>,
for the /Texas Law Review See Also/, and Eskridge, Christiansen and Sam
N. Thypin-Bermeo have written a reply, The Conscious Congress: How Not
to Define Overrides
<http://www.texaslrev.com/the-conscious-congress-how-not-to-define-overrides/>.
I hope you find the dialogue of interest.
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Posted inlegislation and legislatures
<http://electionlawblog.org/?cat=27>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Deep in minority, Dems look to redistricting for hope”
<http://electionlawblog.org/?p=75704>
Posted onAugust 29, 2015 8:23 pm
<http://electionlawblog.org/?p=75704>byRick Hasen
<http://electionlawblog.org/?author=3>
The Hill
<http://thehill.com/homenews/house/252226-deep-in-minority-dems-look-to-redistricting-for-hope>:
But Pelosi’s co-sponsorship of this year’s reform proposal marks a
rare move for a party leader who seldom lends an official signature
to individual bills.
Her formal endorsement is both an escalation of support for
non-partisan redistricting and an indication that Democratic leaders
want to rein in gerrymandering and lay the groundwork for reform
heading into the 2016 elections.
It may also be a tacit acknowledgement that the current map gives
the Democrats little chance of regaining the Speaker’s gavel before
the next national census, in 2020.
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Posted inredistricting <http://electionlawblog.org/?cat=6>
“Jeb’s Black Hand is Not the Only Shady Thing About the Right to
Rise Mailer” <http://electionlawblog.org/?p=75702>
Posted onAugust 29, 2015 5:52 pm
<http://electionlawblog.org/?p=75702>byRick Hasen
<http://electionlawblog.org/?author=3>
The Iowa Republican has this item of interest.
<http://theiowarepublican.com/2015/jebs-black-hand-is-not-the-only-shady-thing-about-the-right-to-rise-mailer/>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Owned by Union, Amalgamated Bank Gives Lift to the Left”
<http://electionlawblog.org/?p=75700>
Posted onAugust 29, 2015 4:36 pm
<http://electionlawblog.org/?p=75700>byRick Hasen
<http://electionlawblog.org/?author=3>
Nick Confessore
<http://www.nytimes.com/2015/08/30/us/politics/owned-by-union-amalgamated-bank-gives-lift-to-the-left.html?hp&action=click&pgtype=Homepage&module=first-column-region®ion=top-news&WT.nav=top-news>for
the NYT:
When Ready for Hillary, a pro-Hillary Rodham Clinton
<http://www.nytimes.com/interactive/2015/04/13/us/elections/hillary-clinton.html?inline=nyt-per>“super
PAC
<http://topics.nytimes.com/top/reference/timestopics/subjects/c/campaign_finance/index.html?inline=nyt-classifier>,”
wanted to take out a million-dollar loan five months before it
planned to go out of business,it turned to a bank
<http://www.nytimes.com/politics/first-draft/2014/12/05/the-super-pac-ready-for-hillary-is-in-debt/>that
was founded to guard the savings of New York City garment workers.
When the Democracy Alliance, an influential club of liberal donors,
sought to recruit members in advance of the 2016 elections, the
bank’s president helped to make introductions.
And when workers-rights groups wanted to embarrass Walmart and the
Gap for unsafe working conditions at factories supplying their
stores, Amalgamated Bank, which manages $40 billion in pension fund
assets, stepped in again, rounding up fellow investors to warn the
companies that they could face lawsuits and shareholder actions.
Four years after nearly collapsing amid the financial crisis,
Amalgamated has aggressively carved out a position as the left’s
private banker, leveraging deep connections with the Democratic
establishment to expand rapidly in a niche long dominated by larger
but less nimble financial institutions.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Alabama Risks Making It Much Harder To Get Required Voter ID”
<http://electionlawblog.org/?p=75698>
Posted onAugust 29, 2015 4:28 pm
<http://electionlawblog.org/?p=75698>byRick Hasen
<http://electionlawblog.org/?author=3>
HuffPo
<http://www.huffingtonpost.com/entry/alabama-voter-id_55ddcda1e4b04ae497052873>:
The Alabama Law Enforcement Agency said Monday that proposed budget
cuts would force it to closeall but four driver’s license offices
<http://www.al.com/news/index.ssf/2015/08/state_says_it_will_close_all_b.html>,
even though the state requires government-issued photo
identification, like a driver’s license, to vote in elections.
The 45 other locations would be closed in phases
<http://www.waff.com/story/29869389/alea-to-begin-closing-drivers-license-offices-4-to-remain-open>,
the agency said, if the Republican-controlled state legislature were
to pass the kind of “drastic” budget cuts it’s now considering.
Lawmakers have proposed $40 million for the agency next year, which
would be a $15 million cut from what it received in state funding
this year.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,voter id
<http://electionlawblog.org/?cat=9>
“Group that filed FEC complaint against McCaskill adds Akin in
filing” <http://electionlawblog.org/?p=75696>
Posted onAugust 29, 2015 2:10 pm
<http://electionlawblog.org/?p=75696>byRick Hasen
<http://electionlawblog.org/?author=3>
The St. Louis Post Dispatch reports.
<http://www.stltoday.com/news/local/govt-and-politics/group-that-filed-fec-complaint-against-mccaskill-adds-akin-in/article_f2385090-2304-522a-b5de-1c16d6f88de2.html>
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Could Trump run as a ‘sore loser’ in the Carolinas?”
<http://electionlawblog.org/?p=75694>
Posted onAugust 29, 2015 2:08 pm
<http://electionlawblog.org/?p=75694>byRick Hasen
<http://electionlawblog.org/?author=3>
WFAE reports.
<http://www.charlotteobserver.com/news/politics-government/article32615865.html>
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Secretary of state accused of fraud, money laundering”
<http://electionlawblog.org/?p=75692>
Posted onAugust 29, 2015 2:07 pm
<http://electionlawblog.org/?p=75692>byRick Hasen
<http://electionlawblog.org/?author=3>
News
<http://www.abqjournal.com/635916/news/ag-charges-secretary-of-state-duran-with-converting-campaign-funds-to-personal-use.html>from
New Mexico:
Secretary of State Dianna Duran was charged Friday in state District
Court with fraud, embezzlement, money laundering and other crimes
related to allegedly converting thousands of dollars in campaign
contributions to her personal use in 2013 and 2014.
At the same time, it appears she was frequenting casinos across the
state and withdrawing hundreds of thousands of dollars at them from
accounts in her name.
Democratic Attorney General Hector Balderas alleged 64 violations in
a criminal complaint and information that said Duran shifted money
between campaign and personal accounts and withdrew sums at eight
casinos.
Duran is a Republican in her second term; she was elected in 2010
and re-elected last year. The secretary of state, who oversees
elections and campaign finance, has the role of state government
ethics regulator.
The complaint says Duran violated “the ethical principles of public
service” by converting intended campaign contributions to her own use.
Duran’s lawyer, Erlinda Johnson, issued a statement saying “we have
identified some serious potential violations of law by the New
Mexico Attorney General’s Office, in conducting the investigation
View the complaint.
<http://nmpoliticalreport.com/12051/ag-sos-used-campaign-funds-for-personal-use/>
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Posted inchicanery <http://electionlawblog.org/?cat=12>,election
administration <http://electionlawblog.org/?cat=18>
“Coalition files suit to invalidate redistricting law in Florida”
<http://electionlawblog.org/?p=75690>
Posted onAugust 29, 2015 8:14 am
<http://electionlawblog.org/?p=75690>byRick Hasen
<http://electionlawblog.org/?author=3>
The /Tampa Bay Times/reports.
<http://www.tampabay.com/news/politics/stateroundup/coalition-files-suit-to-invalidate-redistricting-law-in-florida/2243264>
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Posted inredistricting <http://electionlawblog.org/?cat=6>
--
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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