[EL] ELB News and Commentary 2/13/15
Rick Hasen
rhasen at law.uci.edu
Fri Feb 13 07:03:20 PST 2015
“Va. political operative pleads guilty to coordinating campaign
contributions” <http://electionlawblog.org/?p=70285>
Posted onFebruary 13, 2015 7:02 am
<http://electionlawblog.org/?p=70285>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo reports.
<http://www.washingtonpost.com/local/crime/va-man-pleads-guilty-to-coordinating-campaign-contributions/2015/02/12/e63a92dc-b146-11e4-827f-93f454140e2b_story.html>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery
<http://electionlawblog.org/?cat=12>
“With These Hires, Congress Becomes Even More Like a Corporation”
<http://electionlawblog.org/?p=70283>
Posted onFebruary 13, 2015 6:56 am
<http://electionlawblog.org/?p=70283>byRick Hasen
<http://electionlawblog.org/?author=3>
Lee Fang
<http://m.thenation.com/article/197561-these-hires-congress-becomes-even-more-corporation>for
The Nation.
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Posted inlegislation and legislatures
<http://electionlawblog.org/?cat=27>,lobbying
<http://electionlawblog.org/?cat=28>
Maybe the Probate Judge in Montgomery *Doesn’t* Need to Issue SSM
Licenses? <http://electionlawblog.org/?p=70278>
Posted onFebruary 12, 2015 8:08 pm
<http://electionlawblog.org/?p=70278>byRick Hasen
<http://electionlawblog.org/?author=3>
In response to my most recent post,
<http://electionlawblog.org/?p=70270>Hashim Mooppan
<http://www.jonesday.com/hmmooppan/> emails:
Actually, it does/not/bind Judge Davis to grant a same-sex marriage
license (let alone “conduct same-sex marriages”). All it does is
enjoin him from enforcing the AL laws that prohibit, and fail to
recognize, same-sex marriages. Accordingly, Davis could comply with
the injunction simply by refusing to grant any marriage licenses at
all — even to opposite-sex couples. And I believe he can lawfully
do so under state law, since it is my understanding (albeit from
hearsay) that AL probate judges are not obligated to grant marriage
licenses — they merely have the authority to grant such licenses.
I’m not sure that’s the right reading of the judge’s order but it is
certainly a plausible one.
We will see if there is more resistance in the face of this order.
UPDATE:The NYT
reports<http://www.nytimes.com/2015/02/13/us/alabama-same-sex-marriage-ruling.html>that
the judge has been issuing same sex marriage licenses. We will still
have to see about other judges around the state.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“UPDATED: Portman joins Husted’s questions about Obama encouraging
voter fraud” <http://electionlawblog.org/?p=70276>
Posted onFebruary 12, 2015 4:52 pm
<http://electionlawblog.org/?p=70276>byRick Hasen
<http://electionlawblog.org/?author=3>
Ohio.
<http://www.dispatch.com/content/blogs/the-daily-briefing/2015/02/11022015---portman-backs-husted-letter.html>
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Posted infraudulent fraud squad <http://electionlawblog.org/?cat=8>,The
Voting Wars <http://electionlawblog.org/?cat=60>
“Kansas Secretary Of State Says His Voter Suppression Crusade Is
Meant To ‘Protect Immigrants’” <http://electionlawblog.org/?p=70274>
Posted onFebruary 12, 2015 4:51 pm
<http://electionlawblog.org/?p=70274>byRick Hasen
<http://electionlawblog.org/?author=3>
Think Progress.
<http://thinkprogress.org/election/2015/02/12/3622270/kobach-proof-of-citizenship/>
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Posted infraudulent fraud squad <http://electionlawblog.org/?cat=8>,The
Voting Wars <http://electionlawblog.org/?cat=60>
*That’s* How You Bind Probate Judges to Conduct Same Sex Marriages
<http://electionlawblog.org/?p=70270>
Posted onFebruary 12, 2015 4:36 pm
<http://electionlawblog.org/?p=70270>byRick Hasen
<http://electionlawblog.org/?author=3>
In a post yesterday <http://electionlawblog.org/?p=70242>, I took issue
with a small part ofan excellent Emily Bazelon story
<http://www.nytimes.com/2015/02/11/magazine/in-sort-of-defense-of-roy-moore.html>on
whether Alabama Chief Justice Roy Moore went to far in saying probate
judges were not bound by a federal district court ruling holding
Alabama’s same sex marriage ban unconstitutional. I said Moore was
right: the probate judge refusing to act was not a party, and therefore
was not directly bound by the federal court order.
Well plaintiffs went into court against the Mobile probate judge who
refused to grant same sex marriages, and today the same trial court
issuedthis order
<http://media.al.com/news_impact/other/Gay%20marriage%20injunction.pdf> directly
requiring the probate judge to perform same sex marriages.
Note that it does NOT bind other probate judges who refuse. And so this
may be foxhole to foxhole litigation if that is necessary. In fact,
some probate judges could go to other federal courts seeking orders that
they need NOT conduct such marriages, raising some thorny federal courts
issues.
But even with such resistance, it will be a matter of days or weeks
before all of Alabama will have to comply.
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Posted inRemedies <http://electionlawblog.org/?cat=57>
“Campaign Manager Pleads Guilty to Coordinated Campaign
Contributions and False Statements”
<http://electionlawblog.org/?p=70266>
Posted onFebruary 12, 2015 4:01 pm
<http://electionlawblog.org/?p=70266>byRick Hasen
<http://electionlawblog.org/?author=3>
DOJ press release
<http://www.justice.gov/opa/pr/campaign-manager-pleads-guilty-coordinated-campaign-contributions-and-false-statements>:
A campaign finance manager and political consultant pleaded guilty
today in the Eastern District of Virginia for coordinating $325,000
in federal election campaign contributions by a political action
committee (PAC) to a Congressional campaign committee. This is the
first criminal prosecution in the United States based upon the
coordination of campaign contributions between political committees.
Fred Wertheimer:
<http://www.democracy21.org/money-in-politics/press-releases-money-in-politics/fred-wertheimer-statement-on-groundbreaking-criminal-prosecution-for-illegal-coordination-announced-today-by-justice-department/>
This is an extremely important development and sends a warning
signal to all federal candidates in the 2016 elections that they can
no longer ignore the nation’s coordination laws with impunity.
Presidential and congressional candidates have been blatantly
ignoring the laws prohibiting coordination between candidates and
outside spending groups with full knowledge that the Federal
Election Commission is paralyzed and will not enforce the campaign
finance laws.
With today’s groundbreaking criminal prosecution, the Justice
Department has sent a clear and compelling warning that presidential
and congressional candidates who engage in illegal coordination
activities are no longer risk free and can face criminal prosecution
for their campaign finance violations.
MORE<http://www.nytimes.com/2015/02/13/us/politics/political-consultant-pleads-guilty-in-coordination-case.html>from
NYT.
UPDATE
<http://www.commoncause.org/press/press-releases/common-cause-urges-federal-prosecutors-to-closely-watch-super-pacs.html>:
Statement from Common Cause
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery
<http://electionlawblog.org/?cat=12>,Department of Justice
<http://electionlawblog.org/?cat=26>
What Did Yesterday’s FEC Hearing Have in Common with Festivus?
<http://electionlawblog.org/?p=70264>
Posted onFebruary 12, 2015 3:52 pm
<http://electionlawblog.org/?p=70264>byRick Hasen
<http://electionlawblog.org/?author=3>
The airing of grievances.
<http://www.publicintegrity.org/2015/02/11/16745/forum-becomes-campaign-cash-free-all>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
“Local Initiatives Designed to Improve the Voting Experience;
Concepts for Local Elected Officials and Election Officials”
<http://electionlawblog.org/?p=70262>
Posted onFebruary 12, 2015 3:49 pm
<http://electionlawblog.org/?p=70262>byRick Hasen
<http://electionlawblog.org/?author=3>
Toolkit
<http://fairelectionsnetwork.com/sites/default/files/Local%20Options%20Toolkit.pdf>from
the Fair Elections Legal Network.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Bob Bauer’s Advice on Campaign Finance Reform: Aim Low, or Prepare
to Get Sued” <http://electionlawblog.org/?p=70259>
Posted onFebruary 12, 2015 3:41 pm
<http://electionlawblog.org/?p=70259>byRick Hasen
<http://electionlawblog.org/?author=3>
NLJ:
<http://www.nationallawjournal.com/home/id=1202717634822/Bob-Bauers-Advice-on-Campaign-Finance-Reform-Aim-Low-or-Prepare-to-Get-Sued-?mcode=1202615432992&curindex=0>
But Bauer, who was White House counsel to President Barack
Obama before joining Perkins Coie in 2011, said suggestions such as
“tightening up the earmarking rules, regulating single PAC,
single-candidate super PACs or other super PACs … this isn’t going
to happen. You’re not going to reach an agreement on these things.
If you do, you are likely to be sued and if you are sued, there is a
good chance you are going to lose.”
Don’t worry Bob. There’s no chance the Republican commissioners on the
FEC will do anything productive along the lines you warn the FEC against
taking.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
“Rand Paul asks Kentucky GOP leaders for a presidential caucus in
2016″ <http://electionlawblog.org/?p=70257>
Posted onFebruary 12, 2015 10:07 am
<http://electionlawblog.org/?p=70257>byRick Hasen
<http://electionlawblog.org/?author=3>
Lexington Herald-Leader
<http://www.kentucky.com/2015/02/12/3691040_rand-paul-asks-kentucky-gop-leaders.html?rh=1>:
“Requesting help to avoid a ‘costly and time-consuming legal challenge,’
U.S. Sen. Rand Paul is asking members of the Republican Party of
Kentucky’s central committee to create a presidential caucus in 2016.”
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Posted inballot access <http://electionlawblog.org/?cat=46>,campaigns
<http://electionlawblog.org/?cat=59>
“U.S. District Judge to Deliver Keynote at Voting Rights Act
Symposium at UA” <http://electionlawblog.org/?p=70255>
Posted onFebruary 12, 2015 8:23 am
<http://electionlawblog.org/?p=70255>byRick Hasen
<http://electionlawblog.org/?author=3>
Press release
<http://uanews.ua.edu/2015/02/u-s-district-judge-to-deliver-keynote-at-voting-rights-act-symposium-at-ua/>:
U.S. District Judge Myron H. Thompson will deliver the keynote
address for the/Alabama Law Review/symposium as it marks the 50th
anniversary of the Voting Rights Act at noon Feb. 27 at The
University of Alabama School of Law.
I’m really looking forward to this event. More details
<http://www.law.ua.edu/calendar/event/50th-anniversary-of-the-voting-rights-act-symposium/>:
50th Anniv. of the Voting Rights Act
February 27 @ 8:00 am–5:00 pm
The University of Alabama School of Law is pleased to announce the
presenters for the Alabama Law Review’s Voting Rights Act Symposium.
Join us as the nation’s foremost experts on the Voting Rights Act
commemorate the 50th Anniversary of this historic enactment. The
symposium is 8 a.m.-5 p.m. Friday, Feb. 27 in the Bedsole Moot Court
Room (140).
*Presenters*
*Jack Bass*, author of/Taming the Storm/
*Guy-Uriel Charles*, Duke University School of Law
*Kareem Crayton*, University of North Carolina School of Law
*Richard L. Hasen*, University of California Irvine School of Law
*Samuel Issacharoff*, New York University School of Law
*Pamela Karlan*, Deputy Assistant Attorney General, Stanford Law School
*Franita Tolson*, Florida State University College of Law
Register Here <http://www.law.ua.edu/resources/contact/register.php>
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
“Lawmakers divided on system to remap districts”
<http://electionlawblog.org/?p=70253>
Posted onFebruary 12, 2015 7:38 am
<http://electionlawblog.org/?p=70253>byRick Hasen
<http://electionlawblog.org/?author=3>
News
<http://hamptonroads.com/2015/02/lawmakers-divided-system-remap-districts>from
Va.
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Posted inredistricting <http://electionlawblog.org/?cat=6>
“The Constitution: Wrongage” <http://electionlawblog.org/?p=70250>
Posted onFebruary 12, 2015 7:36 am
<http://electionlawblog.org/?p=70250>byRick Hasen
<http://electionlawblog.org/?author=3>
Richmond Times-Dispatch editorial
<http://www.richmond.com/opinion/our-opinion/article_a5502c4c-f19e-519d-92a0-2cda74719d50.html>manages
to diss both the President and me on campaign finance and foreign spending.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Liberal group files complaint alleging Walker’s tax-exempt group
runs afoul of federal law” <http://electionlawblog.org/?p=70248>
Posted onFebruary 12, 2015 7:30 am
<http://electionlawblog.org/?p=70248>byRick Hasen
<http://electionlawblog.org/?author=3>
AP
<http://www.greenfieldreporter.com/view/story/d1eaa34e79f54b168ba671a1e03026b2/WI--GOP-2016-Walker-Complaint>:
“A liberal group has filed a complaint alleging that a new tax-exempt
group created by Gov. Scott Walker is acting in violation of federal
election law because it is actually a presidential exploratory committee.”
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,tax law
and election law <http://electionlawblog.org/?cat=22>
“Charles Stewart’s First 2014 Survey Data Shows Continued Drift Away
From ‘Election Day'” <http://electionlawblog.org/?p=70246>
Posted onFebruary 12, 2015 7:28 am
<http://electionlawblog.org/?p=70246>byRick Hasen
<http://electionlawblog.org/?author=3>
Chapin
<http://blog.lib.umn.edu/cspg/electionacademy/2015/02/charles_stewarts_first_2014_su.php>:
Professor Charles Stewart of MIT has released the first data from
his 2014 edition of the Survey of the Performance of American
Elections (SPAE) – and it shows that the country’s growing embrace
of alternatives to the polling place continues to weaken the notion
of an “Election Day.” The Pew Charitable Trusts (which provides
support for the SPAE) has more in itsrelease
<http://www.pewtrusts.org/en/about/news-room/news/2015/02/09/new-survey-highlights-the-2014-voting-experience>:
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“The FEC Hearing and Its Detractors”
<http://electionlawblog.org/?p=70244>
Posted onFebruary 12, 2015 7:09 am
<http://electionlawblog.org/?p=70244>byRick Hasen
<http://electionlawblog.org/?author=3>
Bauer <http://www.moresoftmoneyhardlaw.com/2015/02/fec-hearing-detractors/>:
It seem unfair that just holding a hearing subjects the FEC
tocriticism
<http://www.slate.com/articles/news_and_politics/politics/2015/02/fec_hearing_on_campaign_finance_rules_the_agency_appears_powerless_to_do.html>andridicule.
<http://www.washingtonpost.com/opinions/the-fecs-farcical-open-hearing/2015/02/11/bc3f2982-b233-11e4-827f-93f454140e2b_story.html> The
agency was acted entirely reasonably in inviting views on what it
might do, if anything, in response to the/McCutcheon/case. So what
followed was predictable: the usual strong divisions were expressed
and anyone hoping for a clear picture of the problems of campaign
finance and how to address them was bound to be disappointed. The
FEC is not the culprit here: it only hosted the discussion and is
not responsible for its content. It was a hearing.
And while additional ridicule has come the agency’s way for inviting
public comment, some of which was colorfully off-point, that, too,
is no crime: why not give members of the public a chance to come and
say what they will about money in politics? Critics cannot have it
both ways, complaining one minute that campaign finance is an
insider’s game and the public is shut out of it, and then mocking
the expression of public sentiment when it is provided for. Not all
of the commentary, as reported, was uninformative…
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
--
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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