[EL] ELB News and Commentary 1/15/15
Rick Hasen
rhasen at law.uci.edu
Wed Jan 14 21:31:58 PST 2015
“Kris Kobach proposes bills to return straight-ticket voting, change
election-withdraw procedure” <http://electionlawblog.org/?p=69663>
Posted onJanuary 14, 2015 8:32 pm
<http://electionlawblog.org/?p=69663>byRick Hasen
<http://electionlawblog.org/?author=3>
News from Kansas
<http://www.kansas.com/news/politics-government/article6557622.html>.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
Vanderbilt Law Review Roundtable on Williams-Yulee Judicial Campaign
Case Before SCOTUS <http://electionlawblog.org/?p=69661>
Posted onJanuary 14, 2015 8:19 pm
<http://electionlawblog.org/?p=69661>byRick Hasen
<http://electionlawblog.org/?author=3>
This looks good
<http://www.vanderbiltlawreview.org/enbanc/roundtable/roundtable-williams-yulee-v-the-florida-bar/>:
Our current Roundtable considers/Williams-Yulee v. The Florida Bar/,
to be argued before the Supreme Court on January 20, 2015.
In/Williams-Yulee/, the Court considers whether a rule of judicial
conduct that bans judicial candidates from directly soliciting
campaign funds violates the First Amendment. The case has important
implications, as currently thirty-nine states elect at least some of
their judges and at least twenty have adopted rules of judicial
conduct that prohibit candidates for judicial office from personally
soliciting campaign funds. Beyond an obvious split among both
federal and state appellate courts,/Williams-Yulee/presents a
conflict between the scope of protection afforded by the First
Amendment of political speech and the need for judicial impartiality
and integrity. Authors Robert O’Neil, Ruthann Robson, Chris Bonneau,
Shane Redman, David Earley, Matthew Menendez, Stephen Ware, Charles
Geyh, Burt Neuborne, Michael DeBow, and Brannon Denning tackle these
questions and more in their contributions.
The Absent Amicus: “With Friends Like These . . .”
<http://www.vanderbiltlawreview.org/content/articles/2015/01/The-Absent-Amicus-With-Friends-Like-These.pdf>
PDF
<http://www.vanderbiltlawreview.org/content/articles/2015/01/The-Absent-Amicus-With-Friends-Like-These.pdf>·
Robert M. O’Neil · 68 VAND. L. REV. EN BANC 1 (2015).
Public Interest Lawyering & Judicial Politics: Four Cases Worth a
Second Look in/Williams-Yulee v. The Florida Bar/
<http://www.vanderbiltlawreview.org/content/articles/2015/01/Public-Interest-Lawyering-Judicial-Politics-Four-Cases-Worth-a-Second-Look-in-Williams-Yulee-v.-The-Florida-Bar1.pdf>
PDF
<http://www.vanderbiltlawreview.org/content/articles/2015/01/Public-Interest-Lawyering-Judicial-Politics-Four-Cases-Worth-a-Second-Look-in-Williams-Yulee-v.-The-Florida-Bar1.pdf>·
Ruthann Robson · 68 VAND. L. REV. EN BANC 15 (2015).
Much Ado About Nothing: The Irrelevance of/Williams-Yulee v. The
Florida Bar/on the Conduct of Judicial Elections
<http://www.vanderbiltlawreview.org/content/articles/2015/01/Much-Ado-About-Nothing-The-Irrelevance-of-Williams-Yulee-v.-The-Florida-Bar-on-the-Conduct-of-Judicial-Elections.pdf>
PDF
<http://www.vanderbiltlawreview.org/content/articles/2015/01/Much-Ado-About-Nothing-The-Irrelevance-of-Williams-Yulee-v.-The-Florida-Bar-on-the-Conduct-of-Judicial-Elections.pdf>·
Chris W. Bonneau & Shane M. Redman · 68 VAND. L. REV. EN BANC 31 (2015).
/Williams-Yulee/and the Inherent Value of Incremental Gains in
Judicial Impartiality
<http://www.vanderbiltlawreview.org/content/articles/2015/01/Williams-Yulee-and-the-Inherent-Value-of-Incremental-Gains-in-Judicial-Impartiality.pdf>
PDF
<http://www.vanderbiltlawreview.org/content/articles/2015/01/Williams-Yulee-and-the-Inherent-Value-of-Incremental-Gains-in-Judicial-Impartiality.pdf>·
David W. Earley & Matthew J. Menendez · 68 VAND. L. REV. EN BANC 43
(2015).
Judicial Elections, Judicial Impartiality and Legitimate Judicial
Lawmaking:/Williams-Yulee v. The Florida Bar/
<http://www.vanderbiltlawreview.org/content/articles/2015/01/Judicial-Elections-Judicial-Impartiality-and-Legitimate-Judicial-Lawmaking-Williams-Yulee-v.-The-Florida-Bar.pdf>
PDF
<http://www.vanderbiltlawreview.org/content/articles/2015/01/Judicial-Elections-Judicial-Impartiality-and-Legitimate-Judicial-Lawmaking-Williams-Yulee-v.-The-Florida-Bar.pdf>·
Stephen J. Ware · 68 VAND. L. REV. EN BANC 59 (2015).
The Jekyll and Hyde of First Amendment Limits on the Regulation of
Judicial Campaign Speech
<http://www.vanderbiltlawreview.org/content/articles/2015/01/The-Jekyll-and-Hyde-of-First-Amendment-Limits-on-the-Regulation-of-Judicial-Campaign-Speech1.pdf>
PDF
<http://www.vanderbiltlawreview.org/content/articles/2015/01/The-Jekyll-and-Hyde-of-First-Amendment-Limits-on-the-Regulation-of-Judicial-Campaign-Speech1.pdf>·
Charles Gardner Geyh · 68 VAND. L. REV. EN BANC 83 (2015).
What Do Judges Do All Day? In Defense of Florida’s Flat Ban on the
Personal Solicitation of Campaign Contributions From Attorneys by
Candidates for Judicial Office
<http://www.vanderbiltlawreview.org/content/articles/2015/01/What-Do-Judges-Do-All-Day.pdf>
PDF
<http://www.vanderbiltlawreview.org/content/articles/2015/01/What-Do-Judges-Do-All-Day.pdf>·
Burt Neuborne · 68 VAND. L. REV. EN BANC 99 (2015).
/Williams-Yulee v. The Florida Bar/, the First Amendment, and the
Continuing Campaign to Delegitimize Judicial Elections
<http://www.vanderbiltlawreview.org/content/articles/2015/01/Williams-Yulee-v.-The-Florida-Bar-the-First-Amendment-and-the-Continuing-Campaign-to-Delegitimize-Judicial-Elections.pdf>
PDF
<http://www.vanderbiltlawreview.org/content/articles/2015/01/Williams-Yulee-v.-The-Florida-Bar-the-First-Amendment-and-the-Continuing-Campaign-to-Delegitimize-Judicial-Elections.pdf>·
Michael E. DeBow & Brannon P. Denning · 68 VAND. L. REV. EN BANC 113
(2015).
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>,judicial elections
<http://electionlawblog.org/?cat=19>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Conservatives’ wish list for GOP retreat includes citizenship,
voting bills” <http://electionlawblog.org/?p=69659>
Posted onJanuary 14, 2015 8:13 pm
<http://electionlawblog.org/?p=69659>byRick Hasen
<http://electionlawblog.org/?author=3>
Politico
<http://www.politico.com/story/2015/01/gop-retreat-conservative-wish-list-114261.html?hp=r1_3>:
The list also includes a bill King introduced in the last Congress
that would change the rules determining who is considered a U.S.
citizen, plus legislation from Sen. Ted Cruz of Texas that would
require a “proof of citizenship” for Americans looking to vote in
federal elections.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Husted to seek review of 2014 election”
<http://electionlawblog.org/?p=69657>
Posted onJanuary 14, 2015 7:47 pm
<http://electionlawblog.org/?p=69657>byRick Hasen
<http://electionlawblog.org/?author=3>
AP reports
<http://www.timesreporter.com/article/20150114/NEWS/150119664/10559/LIFESTYLE>from
Ohio.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“A 2012 phenomenon could be a 2016 norm: Candidates hanging around
thanks to super PAC spending” <http://electionlawblog.org/?p=69655>
Posted onJanuary 14, 2015 3:41 pm
<http://electionlawblog.org/?p=69655>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo reports.
<http://www.washingtonpost.com/blogs/the-fix/wp/2015/01/14/a-2012-phenomenon-could-be-a-2016-norm-candidates-hanging-around-thanks-to-super-pac-spending/>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
Citizens United v FEC after Five Years
<http://electionlawblog.org/?p=69648>
Posted onJanuary 14, 2015 2:25 pm
<http://electionlawblog.org/?p=69648>byRichard Pildes
<http://electionlawblog.org/?author=7>
Next Wednesday, Jan. 21st, is the fifth anniversary of the Supreme
Court’s decision in/Citizens United. /I’ll be participating in an
intriguing conference The Center for Competitive Politics is hosting,
which will kick off with an interview of the General Counsel for
Citizens United. The conference will take place at the Cato Institute,
located at 1000 Massachusetts Ave NW; registration is available at the
following link, and the Program for the conference is included below.
http://www.campaignfreedom.org/event-citizens-united-v-fec-after-five-years/
*Program:*
9:00 AM
*The Story Behind the Lawsuit*
*Michael Boos*, General Counsel, Citizens United
Interviewer: TBA
9:20 AM
*The Impact on Parties in the age of Citizens United: Are changes needed?*
*Joel Gora*, Professor of Law, Brooklyn Law School
*Neil Reiff*, Founding partner, Sandler Reiff Lamb Rosenstein &
Birkenstock, P.C.
*Peter J. Wallison*, Arthur F. Burns Fellow, American Enterprise Institute
Interviewer:
*Mike Allen*,* Politico
10:20 AM
*Should liberals support Citizens United?*
*Ira Glasser*, former Executive Director, ACLU
*Gabe Rottman*, legislative counsel, ACLU
*Wendy Kaminer*, Author, lawyer, social critic and contributing editor
of/The Atlantic/
Interviewer:
*Stuart Taylor, Jr., A*uthor, freelance writer and a Brookings
Institution nonresident senior fellow
11:20 AM
*Beyond Citizens United: the future of campaign finance jurisprudence*
*Bobby R. Burchfield*, Partner, McDermott Will & Emery LLP
*Richard H. Pildes*, Sudler Family Professor of Constitutional Law, New
York University School of Law
*Bradley A. Smith*, Chairman and Founder, Center for Competitive
Politics, Judge John T. Copenhaver Visiting Endowed Chair of Law at the
West Virginia University, former FEC Chairman
Interviewer:
*Matea Gold*,/The Washington Post/
//
12:15 PM Adjourn
* – Invited, not yet confirmed
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
Covington Issues Advisory Telling Corporations How to Deal with
Pesky Shareholders’ and Others’ Requests to Disclose Political
Donations <http://electionlawblog.org/?p=69650>
Posted onJanuary 14, 2015 2:24 pm
<http://electionlawblog.org/?p=69650>byRick Hasen
<http://electionlawblog.org/?author=3>
Here
<http://www.cov.com/files/Publication/01943f36-dfd4-4c4b-8cdb-11766b93f29b/Presentation/PublicationAttachment/7b101d72-01e6-4745-bc0f-1300d9ac4c05/Responding_to_Corporate_Political_Disclosure_Initiatives_A_How_To_%20Guide_for_In_House_Counsel.pdf>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“CMD Issues New Report on Latest Assault on Clean Election Laws”
<http://electionlawblog.org/?p=69646>
Posted onJanuary 14, 2015 1:18 pm
<http://electionlawblog.org/?p=69646>byRick Hasen
<http://electionlawblog.org/?author=3>
Here.
<http://prwatch.org/news/2015/01/12711/cmd-issues-new-report-latest-assault-clean-election-laws>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Center for Competitive Politics Reacts To Public Citizen Report”
<http://electionlawblog.org/?p=69644>
Posted onJanuary 14, 2015 12:43 pm
<http://electionlawblog.org/?p=69644>byRick Hasen
<http://electionlawblog.org/?author=3>
Here.
<http://www.campaignfreedom.org/2015/01/14/center-for-competitive-politics-reacts-to-public-citizen-report/>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
The VRAA, as Expected, is Going Nowhere in the New Congress
<http://electionlawblog.org/?p=69642>
Posted onJanuary 14, 2015 10:18 am
<http://electionlawblog.org/?p=69642>byRick Hasen
<http://electionlawblog.org/?author=3>
MSNBC
<http://www.msnbc.com/msnbc/top-goper-confirms-congress-wont-strengthen-voting-rights-act>:
A top Republican has all but confirmed that Congress won’t move
forward with legislation to strengthen the Voting Rights Act (VRA),
which was badly weakened by the Supreme Court in 2013.
Rep. Bob Goodlatte, who chairs the House Judiciary committee, said
Wednesday morning that the landmark civil rights legislation is
still robust enough to stop racial discrimination in voting.
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>,VRAA
<http://electionlawblog.org/?cat=81>
“Tax credit for $200 in political giving could encourage small
donors” <http://electionlawblog.org/?p=69640>
Posted onJanuary 14, 2015 9:17 am
<http://electionlawblog.org/?p=69640>byRick Hasen
<http://electionlawblog.org/?author=3>
David Gans
<http://www.latimes.com/opinion/op-ed/la-oe-gans-campaign-finance-tax-credit-20150114-story.html>LA
Times oped:
The policy landscape is highly polarized, with the two sides talking
past each other. Rather than simply rehearsing the same stale
debates, we need to find different approaches. One is to enact a
federal tax credit to encourage small donors to contribute up to
$200 to a candidate or political party.
Such a tax credit would provide every American who files an IRS tax
return with a chance to make a political contribution to his or her
candidate or political party. This is an idea first proposed in
Congress in the 1950s, and it deserves fresh consideration today.
Gans also wrote the issue brief,/“Participation and Campaign Finance:
The Case for a Federal Tax Credit
<http://theusconstitution.org/think-tank/issue-brief/participation-and-campaign-finance-case-tax-credit>.”/
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
“Study Shows Big Donors Dominated Competitive 2014 Congressional
Races” <http://electionlawblog.org/?p=69638>
Posted onJanuary 14, 2015 9:15 am
<http://electionlawblog.org/?p=69638>byRick Hasen
<http://electionlawblog.org/?author=3>
US Pirg
<http://www.uspirg.org/news/usp/study-shows-big-donors-dominated-competitive-2014-congressional-races>:
U.S. PIRG today released a new study, “The Money Chase: Moving from
Big Money Dominance in the 2014 Midterms to a Small Donor
Democracy,” at a joint research summit with seven other major
money in politics organizations. The study, which was written by
U.S. PIRG and Demos, found that the top two vote-getters in the 25
most competitive districts in 2014 got 86 percent of their campaign
cash from individuals giving $200 or more. Only two of the 50
candidates surveyed raised less than 70 percent of their individual
contributions from big donors, and seven relied on big donors for
more than 95 percent of their individual contributions.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Groups Have Deep Ties to Campaigns and Parties They Support,
Discrediting Key Assumption in Supreme Court’s Citizens United
Decision” <http://electionlawblog.org/?p=69635>
Posted onJanuary 14, 2015 7:06 am
<http://electionlawblog.org/?p=69635>byRick Hasen
<http://electionlawblog.org/?author=3>
Release <http://www.citizen.org/pressroom/pressroomredirect.cfm?ID=4371>:
Single-candidate super PACs represented 45 percent of all super PACs
that spent at least $100,000 during this election cycle, a newPublic
Citizen report shows <http://www.citizen.org/superconnected>.
The report is the latest installment in a series Public Citizen
began in October 2012 critiquing the assumption by the U.S. Supreme
Court in its landmark 2010/Citizens United v. Federal Election
Commission/decision that outside spending groups are by their nature
independent of candidates and political parties.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
“Election Spending 2014: Outside Spending in Senate Races Since
‘Citizens United'” <http://electionlawblog.org/?p=69633>
Posted onJanuary 14, 2015 7:03 am
<http://electionlawblog.org/?p=69633>byRick Hasen
<http://electionlawblog.org/?author=3>
New Brennan Center report
<http://www.brennancenter.org/publication/election-spending-2014-outside-spending-senate-races-citizens-united>:
*Key findings include:*
/Outside spending by a tiny number of mega-rich donors has played an
increasingly important role in each federal election since Citizens
United./
* Outside spending on Senate elections has*more than doubled since
2010, increasing to $486 million in 2014*. (As with any analysis
based on FEC numbers, the totals we report underestimate
spending, since they do not include amounts spent on sham issue
ads that are not required to be reported.)
* Outside groups spent more than candidates in 2014’s closest races.
o Across the 10 competitive races that we have candidate
spending data for,*outside groups accounted for the greatest
share of spending, or 47 percent*. Candidates lagged behind
with 41 percent, and parties accounted for 12 percent.
o Candidates were outspent by outside groups and parties
together in eight of the 10 races. In four of the contests
(Alaska, Colorado, Iowa, and North Carolina), candidates
made only a third or less of the total expenditures.
o Nonparty groups alone spent more than the candidates in
seven of the 10 states.
* Super PACs are funded by an exclusive few.
o Of the 10 highest-spending super PACs in the most
competitive Senate races in 2014,*all but two got less than
one percent of their individual contributions from small
donors of $200 or less*. Average contributions from donors
of more than $200 were in the five- and six-figure range.
o Across all federal elections since/Citizens United/was
decided in 2010, there has been more than $1 billion in
super PAC spending. Just 195 individuals and their spouses
gave almost 60 percent of that money — more than $600 million.
/The wealthy have used single-candidate groups to support candidates
far in excess of federal contribution limits./
* In the 11 competitive Senate races in 2014, 16
candidate-specific groups each spent more than $1 million in
Senate elections, twice as many as in the last election. Five of
these groups spent more than $3 million; three of them beat the
previous cycle’s record high of $5.9 million.
* Single-candidate groups depend heavily on donors who have
donated the legal limit to the favored candidate — several get
all or almost all of their contributions from these
double-dipping donors. Together, the 2014 buddy groups in
toss-up races took in $14.2 million from individuals, of
which*$9.2 million came from people who maxed out to the favored
candidate*with either $2,600 (the limit for one election) or
$5,200 (the limit for giving to both a candidate’s primary and
general election campaigns).
* The biggest double-dipping donors gave half a million dollars to
single-candidate groups — almost 100 times the limit for
candidate contributions.
/Dark money played a critical role in funding a new Senate./
* *Dark money in Senate elections has more than doubled since
2010*, from $105 million in inflation-adjusted dollars, to $226
million in 2014.
* Almost half of the $1 billion in 2014 dollars that outside
spenders plowed into Senate elections over the last three
cycles, $485 million, was dark money.
* In the 11 most competitive races in 2014,*dark money comprised
59 percent of nonparty outside spending*. In the 10 competitive
races that we have candidate spending data for, dark money
comprised 28 percent of total spending (candidate, party, and
outside group).
* *The winners in the 11 most competitive races in 2014 together
had more than $131 million in dark money supporting them*— 71
percent of the nonparty outside spending in their favor.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
“New conservative group aims to build GOP support for reducing
influence of big donors” <http://electionlawblog.org/?p=69631>
Posted onJanuary 14, 2015 7:02 am
<http://electionlawblog.org/?p=69631>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo reports.
<http://www.washingtonpost.com/politics/new-conservative-group-aims-to-build-gop-support-for-reducing-influence-of-big-donors/2015/01/13/3fc5e0b8-9b3f-11e4-a7ee-526210d665b4_story.html>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Houston Has a Problem: The Constitutional Problems with Temporal
Bans on Contributions” <http://electionlawblog.org/?p=69629>
Posted onJanuary 14, 2015 7:00 am
<http://electionlawblog.org/?p=69629>byRick Hasen
<http://electionlawblog.org/?author=3>
Bauer blogs.
<http://www.moresoftmoneyhardlaw.com/2015/01/houston-problem-constitutional-problems-temporal-bans-contributions/>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Will Won’t? Illinois County Plans to Fight Same-Day Registration”
<http://electionlawblog.org/?p=69627>
Posted onJanuary 14, 2015 6:58 am
<http://electionlawblog.org/?p=69627>byRick Hasen
<http://electionlawblog.org/?author=3>
A Chapinblog.
<http://blog.lib.umn.edu/cspg/electionacademy/2015/01/will_wont_illinois_county_plan.php>
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“5 Years After ‘Citizens United,’ SuperPACs Continue To Grow”
<http://electionlawblog.org/?p=69625>
Posted onJanuary 13, 2015 8:54 pm
<http://electionlawblog.org/?p=69625>byRick Hasen
<http://electionlawblog.org/?author=3>
Peter Overby reports
<http://www.npr.org/2015/01/13/377024687/five-years-after-citizens-united-superpacs-continue-to-grow>for
NPR.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
--
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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