[EL] ELB News and Commentary 12/4/15

Fri Dec 4 08:02:44 PST 2015

    ELB Podcast Episode 7. Ellen Weintraub: The Future of Money in
    Politics, and of the FEC <http://electionlawblog.org/?p=78013>

Posted onDecember 4, 2015 7:40 am 
<http://electionlawblog.org/?p=78013>byRick Hasen 
<http://electionlawblog.org/?author=3>

What is the state of campaign financing in the U.S.? How have things 
changed in the Citizens United era? Is the Federal Election Commission 
dysfunctional, and if so do personalities or ideology explain the spate 
of high profile Commission deadlocks?

On Episode 7 of the ELB Podcast, we talk to Federal Election 
Commissioner Ellen Weintraub.

You can listen to the ELB Podcast Episode 7 onSoundcloud 
<https://soundcloud.com/rick-hasen/elb-podcast-episode-7-ellen-weintraub-the-future-of-money-in-politics-and-of-the-fec>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>,federal election 
commission <http://electionlawblog.org/?cat=24>,Supreme Court 
<http://electionlawblog.org/?cat=29>

    “Bush ‘Super PAC’ to ‘Tell Jeb’s Story’ in 15-Minute Documentary”
    <http://electionlawblog.org/?p=78033>

Posted onDecember 4, 2015 7:37 am 
<http://electionlawblog.org/?p=78033>byRick Hasen 
<http://electionlawblog.org/?author=3>

NYT reports. 
<http://www.nytimes.com/politics/first-draft/2015/12/03/bush-super-pac-to-tell-jebs-story-in-15-minute-documentary/>

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

    Conservative House Opposition to McConnell Rider to Free Party
    Campaign Money, Explained <http://electionlawblog.org/?p=78031>

Posted onDecember 4, 2015 7:31 am 
<http://electionlawblog.org/?p=78031>byRick Hasen 
<http://electionlawblog.org/?author=3>

Conservative Action Project 
<http://files.ctctcdn.com/2438cc3e001/ebbc9df2-d5de-404d-b283-b11bfeef5c67.pdf>:

    Among the priorities being added as riders to the omnibus spending
    package is a provision by Senate Majority Leader Mitch McConnell
    that would allow party committees to spend an unfettered amount of
    money in coordination with candidates. The provision would apply to
    political parties only, setting up a different standard between the
    parties and other multi-candidate committees. Political contribution
    is a form of free speech, which is protected by our Constitution and
    should not be limited. There is no doubt that campaign finance
    restrictions need reform; however, the McConnell rider provides
    preferential treatment to the Washington establishment, and
    subordinates the voices of those who contribute to other
    multi-candidate organizations. Therefore, the Congress should not
    include this rider.

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

    “True Threats: Voter Intimidation and the Constitution”
    <http://electionlawblog.org/?p=78029>

Posted onDecember 4, 2015 7:29 am 
<http://electionlawblog.org/?p=78029>byRick Hasen 
<http://electionlawblog.org/?author=3>

Dan Tokaji 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2697048>has posted 
this draft on SSRN.  Here is the abstract:

Voter intimidation is a recurrent problem that, like so many other 
aspects of our election system, provokes sharply polarized reactions 
along party lines. Of particular current interest are the activities of 
Tea Party-affiliated groups like True the Vote that ostensibly seek to 
promote electoral integrity but, in the eyes of critics, threaten to 
intimidate racial minorities, students, and other Democratic-leaning 
voters.

Ben Cady and Tom Glazer expose underutilized tools that might be brought 
to bear against contemporary voter intimidation in their recent article 
Voter Strike Back: Litigation Against Modern Voter Intimidation, 39 
N.Y.U. REV. L. & SOC. CHANGE 177 (2015). Of particular interest is 
Section 11(b) of the Voting Rights Act (“VRA”), which prohibits 
intimidating, threatening, or coercing voters. Cady and Glazer argue 
that this statute was designed to dispense with any requirement of 
intent, including both racially discriminatory intent and an intent to 
intimidate.

Although Cady and Glazer’s statutory interpretation is persuasive, it 
raises thorny constitutional questions. There are two distinct 
constitutional difficulties. The first is the scope of Congress’s power. 
Most applications probably fall within the scope of congressional power 
under the Fourteenth Amendment, the Fifteenth Amendment, or the 
Elections Clause, but its constitutionality is doubtful with respect to 
purely private actors in purely state and local elections. The second 
difficulty is that some applications might violate First Amendment 
rights. The statute is constitutional as applied to election officials 
and private parties who intentionally intimidate voters with threats of 
violence, but statements by private persons that are not intended to 
threaten violence are more problematic. Section 11(b) is probably 
consistent with the First Amendment insofar as only civil remedies are 
available, but this conclusion hinges on the precise scope of the true 
threats exception which remains unsettled.

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Posted inchicanery <http://electionlawblog.org/?cat=12>,The Voting Wars 
<http://electionlawblog.org/?cat=60>

    Garrett Epps on Evenwel <http://electionlawblog.org/?p=78027>

Posted onDecember 4, 2015 7:24 am 
<http://electionlawblog.org/?p=78027>byRick Hasen 
<http://electionlawblog.org/?author=3>

Good piec 
<http://www.theatlantic.com/politics/archive/2015/12/evenwel-supreme-court-districting/418437/>e 
(ignore the misleading headline—this case is about state legislative 
districts, although its reasoning could perhaps be extended to 
congressional districting (not apportionment) within states).

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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court 
<http://electionlawblog.org/?cat=29>

    “New Florida Lines Change Outlook in 5 House Races”
    <http://electionlawblog.org/?p=78025>

Posted onDecember 4, 2015 7:18 am 
<http://electionlawblog.org/?p=78025>byRick Hasen 
<http://electionlawblog.org/?author=3>

Nathan Gonzales 
<http://blogs.rollcall.com/rothenblog/new-florida-lines-change-outlook-5-house-races/>:

    Overall, the range of outcomes in Florida range from no net change
    to a Democratic gain of three seats, with Democrats most likely to
    pick up a seat or two. But it will be a few weeks, or even months
    before the candidate fields and primaries take shape in order to
    assess each party’s general election strengths and weaknesses.

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Posted inredistricting <http://electionlawblog.org/?cat=6>

    “Possible Lobbying Law Changes Highlighted by CRS Report”
    <http://electionlawblog.org/?p=78023>

Posted onDecember 4, 2015 7:16 am 
<http://electionlawblog.org/?p=78023>byRick Hasen 
<http://electionlawblog.org/?author=3>

Bloomberg BNA 
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=79964821&vname=mpebulallissues&jd=a0h6d3m4t6&split=0>:

    The 20-year-old federal Lobbying Disclosure Act may be ready for
    changes to keep up with developments in the lobbying business,
    according to a newreport <http://src.bna.com/bmP>from the
    Congressional Research Service.
    Congress has shown little appetite in recent years for taking on
    lobbying laws and appears unlikely to do so anytime soon, according
    to most experts on the subject. However, the CRS report provides a
    road map for changes that could be made if Congress wants to get a
    better handle on how modern lobbying is conducted and how much is
    being spent by whom to influence legislation and policy.
    The CRS report, titled “The Lobbying Disclosure Act at 20: Analysis
    and Issues for Congress,” relied on new research and data from the
    Bush School of Government and Public Service at Texas A&M to analyze
    the disclosure requirements of the LDA and how well the rules track
    the real world of lobbying today.

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Posted inlobbying <http://electionlawblog.org/?cat=28>

    “Why Hasn’t Top Corporate Lobbyist Scott Reed Filed ANY Lobbying
    Reports in 2015?” <http://electionlawblog.org/?p=78021>

Posted onDecember 4, 2015 7:12 am 
<http://electionlawblog.org/?p=78021>byRick Hasen 
<http://electionlawblog.org/?author=3>

CREW 
<http://www.citizensforethics.org/blog/entry/why-hasnt-top-corporate-lobbyist-scott-reed-filed-any-lobbying-reports-in-2>:

    Last week, Citizens for Responsibility and Ethics in Washington
    (CREW) filed acomplaint
    <http://www.citizensforethics.org/press/entry/crew-files-criminal-complaint-against-rubio-finance-chair-dc-power-players>with
    the United States Attorney’s Office for the District of Columbia,
    alleging that several key associates of a notorious dark money group
    may have violated federal laws by making false statements to the
    government, obstructing an investigation and pocketing more than $1
    million originally meant for broadcasting television ads. In the
    course of investigating their possible illegal acts, CREW discovered
    other instances in which one of the individuals involved appears to
    have disregarded the law.

    Scott Reed, a key figure in CREW’s complaint, is an experienced and
    well-known political operative in Washington, DC. The former
    campaign manager for Bob Dole’s 1996 presidential bid, Reed is now
    thesenior political strategist
    <https://www.uschamber.com/scott-reed>for the U.S. Chamber of
    Commerce, whichplans to spend as much as $100 million
    <http://www.rollcall.com/news/the_fight_for_the_gops_soul_rages_on-243943-1.html?zkPrintable=true>on
    the 2016 elections. As thefounder and chairman
    <https://www.uschamber.com/scott-reed>of the consulting firm
    Chesapeake Enterprises, he has also been a registered lobbyist
    sinceat least 1998
    <http://www.opensecrets.org/revolving/rev_summary.php?id=18534>.

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Posted inlobbying <http://electionlawblog.org/?cat=28>

    Bauer on Morley on the Connection Between Campaign Finance and
    Evenwel <http://electionlawblog.org/?p=78019>

Posted onDecember 4, 2015 7:09 am 
<http://electionlawblog.org/?p=78019>byRick Hasen 
<http://electionlawblog.org/?author=3>

Here. 
<http://www.moresoftmoneyhardlaw.com/2015/12/paying-representation-among-questions-evenwel/>

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

    “Courts Are Shaking Up House Elections in 2016”
    <http://electionlawblog.org/?p=78017>

Posted onDecember 4, 2015 7:08 am 
<http://electionlawblog.org/?p=78017>byRick Hasen 
<http://electionlawblog.org/?author=3>

Bloomberg 
Politics<http://www.bloomberg.com/politics/graphics/2015-redistricting/?cmpid=BBD120415_POL>with 
lots of maps and graphics.

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Posted inredistricting <http://electionlawblog.org/?cat=6>

    Eric Foner Reviews Ari Berman’s “Give Us the Ballot”
    <http://electionlawblog.org/?p=78010>

Posted onDecember 3, 2015 5:07 pm 
<http://electionlawblog.org/?p=78010>byRick Hasen 
<http://electionlawblog.org/?author=3>

Here, 
<http://www.thenation.com/article/voting-rights-and-the-second-redemption/>in 
The Nation.

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

    Kobach Gets a (Midemeanor) Vote Fraud Conviction
    <http://electionlawblog.org/?p=78008>

Posted onDecember 3, 2015 5:02 pm 
<http://electionlawblog.org/?p=78008>byRick Hasen 
<http://electionlawblog.org/?author=3>

AP 
<http://www2.ljworld.com/news/2015/dec/03/former-kansas-man-pleads-guilty-unlawful-voting-ca/>:

    A man who illegally voted in both Kansas and Arkansas while moving
    has pleaded guilty to a misdemeanor in a case that was among the
    first to be filed under a new state law that gives Kansas Secretary
    of State Kris Kobach the power to prosecute election fraud allegations.

    Steven Gaedtke, 60, entered the plea Wednesday in Johnson County
    District Court,The Kansas City Star reported
    <http://bit.ly/1Nsn3NE>. He will pay the maximum $500 fine and court
    costs.

Voter fraud still not looking like a huge, large, or even moderately 
serious problem in Kansas though.

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

    “Man convicted after voting in 3 states in same election”
    <http://electionlawblog.org/?p=78006>

Posted onDecember 3, 2015 4:59 pm 
<http://electionlawblog.org/?p=78006>byRick Hasen 
<http://electionlawblog.org/?author=3>

Voting 
<http://www.wsmv.com/story/30663533/man-convicted-after-voting-in-3-states-in-same-election>in 
three states in the same election. As I note in the Voting Wars, this 
chicanery is possible (and occasionally happens) because we do not have 
national voter registration.

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

    “Election Funding for 2020 and Beyond”
    <http://electionlawblog.org/?p=78004>

Posted onDecember 3, 2015 4:52 pm 
<http://electionlawblog.org/?p=78004>byRick Hasen 
<http://electionlawblog.org/?author=3>

That’s the lead story inthe latest 
issue<http://www.ncsl.org/research/elections-and-campaigns/the-canvass-december-2015.aspx>of 
NCSL’s “The Canvass.”

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Posted inelection administration <http://electionlawblog.org/?cat=18>

    “Voters give vote-by-mail the stamp of approval; A Q&A with San
    Mateo County’s Mark Church” <http://electionlawblog.org/?p=78002>

Posted onDecember 3, 2015 4:50 pm 
<http://electionlawblog.org/?p=78002>byRick Hasen 
<http://electionlawblog.org/?author=3>

That’s the lead story in this week’sElectionline Weekly 
<http://www.electionline.org/index.php/electionline-weekly>.

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Posted inabsentee ballots <http://electionlawblog.org/?cat=53>,election 
administration <http://electionlawblog.org/?cat=18>

    “Baltimore Will Host Next Voting Rights Institute to Train New
    Generation of Voting Rights Lawyers”
    <http://electionlawblog.org/?p=78000>

Posted onDecember 3, 2015 4:49 pm 
<http://electionlawblog.org/?p=78000>byRick Hasen 
<http://electionlawblog.org/?author=3>

CLC. 
<http://www.campaignlegalcenter.org/news/press-releases/baltimore-will-host-next-voting-rights-institute-train-new-generation-voting>

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

    “Setting the Standards: What We Need from Our Voting Systems”
    <http://electionlawblog.org/?p=77998>

Posted onDecember 3, 2015 4:47 pm 
<http://electionlawblog.org/?p=77998>byRick Hasen 
<http://electionlawblog.org/?author=3>

BPC 
<http://bipartisanpolicy.org/events/setting-the-standards-what-we-need-from-our-voting-systems/>:

      Setting the Standards: What We Need from Our Voting Systems

    WHEN:*Tuesday, December 8, 2015 1:00 p.m. to 5:00 p.m. ET*

    WHERE:*Hyatt Place Nashville Downtown, 301 3rd Avenue South,
    Nashville, TN, 37201*

    ➤ REGISTER NOW
    <http://bpcevents.cloudapp.net/Pages/Home.aspx?eventid=%7b0D86538B-3D8D-E511-8121-C4346BAC5700%7d>

    The Bipartisan Policy Center and thePresidential Commission on
    Election Administration
    <http://bipartisanpolicy.org/the-presidential-commission-on-election-administration/>will
    explore with election officials, policymakers, advocates, and
    researchers the functionality necessary in our nation’s voting
    systems to conduct open, fair, and transparent elections. With a
    voting system market struggling to adapt to and to incorporate in
    new technologies, it is time to honestly discuss what a viable,
    cost-effective voting system must do in order to address the looming
    voting technology crisis that gets bigger with each successive election.

    The two-day conference will include the active participation of
    numerous election officials and policymakers.

    View the full agenda
    <http://bipartisanpolicy.org/wp-content/uploads/2015/12/Nashville-Agenda.pdf>

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,voting technology 
<http://electionlawblog.org/?cat=40>

    “Political Intelligence Firm Fined $375,000, Underscoring Need to
    Tailor Insider Trading Policies to Interactions with Government”
    <http://electionlawblog.org/?p=77996>

Posted onDecember 3, 2015 4:43 pm 
<http://electionlawblog.org/?p=77996>byRick Hasen 
<http://electionlawblog.org/?author=3>

Caplin & Drysdale update 
<http://www.caplindrysdale.com/political-intelligence-firm-fined-375000-underscoring-need-to-tailor-insider-trading-policies-to-interactions-with-government>.

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Posted inconflict of interest laws <http://electionlawblog.org/?cat=20>

    “In ‘Extraordinary’ Move, WI Supreme Court Fires Scott Walker
    Prosecutor to Stave-Off SCOTUS Review”
    <http://electionlawblog.org/?p=77994>

Posted onDecember 3, 2015 4:42 pm 
<http://electionlawblog.org/?p=77994>byRick Hasen 
<http://electionlawblog.org/?author=3>

The latest twist i 
<http://www.prwatch.org/news/2015/12/12986/Walker-JohnDoe-WisconsinSupremeCourt>n 
John Doe.

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

-- 
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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