[EL] ELB News and Commentary7/16/15
Rick Hasen
rhasen at law.uci.edu
Thu Jul 16 09:19:52 PDT 2015
“Hillary Clinton Lags in Engaging Grass-Roots Donors”
<http://electionlawblog.org/?p=74375>
Posted onJuly 16, 2015 9:18 am
<http://electionlawblog.org/?p=74375>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT
<http://www.nytimes.com/2015/07/16/us/politics/hillary-clinton-lags-in-engaging-grass-roots-donors.html?ref=politics>:
Of the $47.5 million that Mrs. Clinton has raised, less than
one-fifth has come from donations of $200 or less. That is a far
smaller proportion than that of her Democratic and Republican rivals
who have excited grass-roots donors on the left and right, such as
Senators Bernie Sanders of Vermont and Ted Cruz of Texas. While Mr.
Sanders raised far less than Mrs. Clinton over all — about $15
million, including money transferred from his Senate account — about
four-fifths of that amount came from smaller donors.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Lobbyists bundle $2 million for Hillary Clinton”
<http://electionlawblog.org/?p=74373>
Posted onJuly 16, 2015 9:16 am
<http://electionlawblog.org/?p=74373>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo reports
<http://www.washingtonpost.com/news/powerpost/wp/2015/07/16/lobbyists-bundle-2-million-for-hillary-clinton/>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,lobbying
<http://electionlawblog.org/?cat=28>
“The Latest Gerrymander: Voters Instead of People”
<http://electionlawblog.org/?p=74371>
Posted onJuly 16, 2015 9:08 am
<http://electionlawblog.org/?p=74371>byRick Hasen
<http://electionlawblog.org/?author=3>
Alan Morrison on Evenwel.
<http://www.huffingtonpost.com/alan-b-morrison/the-latest-gerrymander-vo_b_7800942.html>
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Presidential campaign donors hedge bets; Some key contributors help
bankroll two, four — even six candidates”
<http://electionlawblog.org/?p=74369>
Posted onJuly 16, 2015 8:54 am
<http://electionlawblog.org/?p=74369>byRick Hasen
<http://electionlawblog.org/?author=3>
CPI reports.
<http://www.publicintegrity.org/2015/07/16/17680/presidential-campaign-donors-hedge-bets>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Elections board member resigns under fire”
<http://electionlawblog.org/?p=74367>
Posted onJuly 16, 2015 8:53 am
<http://electionlawblog.org/?p=74367>byRick Hasen
<http://electionlawblog.org/?author=3>
WRAL
<http://www.wral.com/elections-board-member-resigns-under-fire/14776281/>:
Hours after Gov. Pat McCrory called on him to step down and after
initially refusing to do so, Paul Foley resigned from the State
Board of Elections following disclosures he pressed for details in
an investigation that involved one of his law firm’s clients.
Elections board Chairman Josh Howard announced Foley’s resignation
early Thursday.
In a statement, Foley said he hoped his resignation would help
“avoid distractions from the important work of the board.”
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Posted inelection administration <http://electionlawblog.org/?cat=18>
California Appeals Court Lets New City Move from District to
At-Large Elections <http://electionlawblog.org/?p=74365>
Posted onJuly 16, 2015 8:47 am
<http://electionlawblog.org/?p=74365>byRick Hasen
<http://electionlawblog.org/?author=3>
SeeBridges v. City of Widomar
<http://www.courts.ca.gov/opinions/documents/E059890.PDF>.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
Analysis of Wisconsin John Doe Ruling: Bad News for Campaign Finance
Laws <http://electionlawblog.org/?p=74355>
Posted onJuly 16, 2015 7:36 am
<http://electionlawblog.org/?p=74355>byRick Hasen
<http://electionlawblog.org/?author=3>
Today’s lengthy and contentious 4-2 ruling
<http://www.wicourts.gov/sc/opinion/DisplayDocument.html?content=html&seqNo=144526> dividing
the Court on partisan/ideological lines, from the Wisconsin Supreme
Court ending the so-called “John Doe” probe, is significant for three
reasons: (1) it removes a cloud from the Scott Walker presidential
campaign; (2) it guts, perhaps for years, the effectiveness of the state
of Wisconsin’s campaign finance laws, and (3) it reenforces conservative
beliefs that they are the victims of frightening harassment, a belief
which is likely to lead conservative judges to strike more campaign
laws. The case also raises significant questions about judicial recusal
which go unanswered, and provide one of two potential bases to seek U.S.
Supreme Court review in this case. Still, high court review seems unlikely.
I will not spend any time on the effects of the case on the Scott Walker
candidacy, as this is an obvious benefit.
Nor will I review the background of this convoluted set of cases. For
more, seemy earlier Slate piece
<http://www.slate.com/articles/news_and_politics/jurisprudence/2014/06/the_scott_walker_case_in_wisconsin_could_shred_the_remaining_limits_on_influencing.html?wpsrc>,
as well as early coverage of today’s ruling in theNY Times
<http://www.nytimes.com/2015/07/17/us/wisconsin-court-to-rule-on-inquiry-involving-scott-walkers-2012-campaign.html?hp&action=click&pgtype=Homepage&module=first-column-region®ion=top-news&WT.nav=top-news>,Milwaukee
Journal-Sentinel,
<http://www.jsonline.com/news/statepolitics/wisconsin-supreme-court-ends-john-doe-probe-into-scott-walkers-campaign-b99535414z1-315784501.html>andWisconsin
State Journal
<http://host.madison.com/wsj/news/local/govt-and-politics/supreme-court-ends-john-doe-probe-that-threatened-scott-walker/article_50f22c3b-27c9-5906-92e8-ded75ed50954.html>.
So let me focus on the remaining two points, and the potential for Court
review.
*Gutting of campaign finance. *The conservatives on the Court have held
that Wisconsin’s existing campaign finance laws violate the First
Amendment to the extent they limit coordination between a candidate and
/any group/, even a 501c4 group not disclosing its donors, on campaigns
to support that candidate. The only thing the nominally outside group
has to do is to avoid words of express advocacy or their functional
equivalent. Avoiding express advocacy while vigorously supporting a
candidate, as we know from the federal period before McCain-Feingold, is
child’s play. That is, a candidate can now direct unlimited
contributions to a nominally outside group and tell that group what ads
to run, when, and how. If you think it is a problem for someone to be
able to give millions of dollars directly to a candidate to support that
candidate’s campaign, then this should be very troubling to you. It was
a theory of coordination strongly rejected by the 7th Circuit in the
federal version of the John Doe case. And there’s no prospect that the
Wisconsin legislature, dominated by Republicans and already weakening
campaign finance law, will fix this. This applies only to Wisconsin
elections (and not federal elections in Wisconsin) but is very, very bad
news. (More analysis inmy earlier /Slate/piece.)
<http://www.slate.com/articles/news_and_politics/jurisprudence/2014/06/the_scott_walker_case_in_wisconsin_could_shred_the_remaining_limits_on_influencing.html?wpsrc>
*Conservative harassment.*For months, conservatives have been sending me
stories for ELB purporting to show the horrors of the investigation
(late night raids, etc.) However, these stories were never fully
verified. As the Milwaukee-Journal Sentineleditorialized
<http://www.jsonline.com/news/opinion/open-john-doe-investigation-of-gov-scott-walker-to-the-public-b99491741z1-302162641.html> about
the selling of this story: “A breathless articlein the conservative
National Review
<http://www.nationalreview.com/article/417155/wisconsins-shame-i-thought-it-was-home-invasion-david-french>.
An equally breathless reportby Megyn Kelly on Fox News
<http://www.foxnews.com/transcript/2015/04/24/scott-walker-supporters-claim-police-raided-homes-over-politics/>.Tart
comments from Gov. Scott
Walker<https://www.youtube.com/watch?v=cuuGYGWoaC0>on the campaign trail
in Iowa…. onservatives targeted by the John Doe investigation for more
than a year have declined to discuss their concerns with the Journal
Sentinel or other independent news outlets that will seek out all sides
to a story. They have told their stories only to partisan outlets that
share their political agenda, such as Fox News, the National Review
andThe Wall Street Journal’s editorial page
<http://www.wsj.com/articles/another-john-doe-disclosure-1402265159>(not
its news staff).” Now the conservatives on the Supreme Court have
validated this version of events, and without full transparency the
stories cannot be fully investigated. One Justice even went so far as to
reach the issue of the constitutionality of the nighttime raids even
though the issue was not before the Court. (I would love that Justice to
ride along with police in the poorer parts of Milwaukee at night and
perhaps gain some appreciation of what others face from law enforcement
every day.) In the meantime, they fit into a conservative meme of
persecution for conservative ideas. Expect this to lead to calls for
even more laws to be struck down out of fear of persecution, fearswhich
generally do not stand up to scrutiny
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1948313>.
*Recusal?*We know that one of the prosecutors in the case asked at least
one of the Justices who decided the case to recuse because the Justice
may have been supported by some of the campaign spending in the case. As
the dissenting Justice Abrahamson notes, the majority did not even
respond to the issue. It seems to me that this at least deserves a
response as to why recusal is not warranted.
*U.S. Supreme Court review?*The dissent notes that under the U.S.
Supreme Court’s /Caperton /decision/, /the failure to recuse in this
case could be a due process violation. At least theoretically, that’s an
issue which could go to the U.S. Supreme Court. The Court could also
potentially consider the First Amendment holding about coordinated issue
advocacy. My guess is that the Court will decline review in this case,
and frankly, given this Supreme Court on campaign finance issues, I’d be
very afraid of having this issue before this Supreme Court. I mean I
think Justice Kennedy would consider coordinated issue advocacy to be
regulable, but I don’t know that I’d be the entire country’s campaign
finance system on it.
In all, this is anunsurprising partisan holding
<http://electionlawblog.org/?p=74299>on a partisan court about a
campaign finance investigation with partisan implications. (True,
Justice Crooks who dissented campaigned as a conservative, but started
as a Democrat. So I guess there’s that to argue this is not fully a
partisan decision.) The Wisconsin Supreme Court has been among the most
bitterly divided along partisan lines. I doubt that after this they will
move on. This will just further entrench things. A bad day for campaign
finance, and a worse day for Wisconsin.
[/This post has been updated and edited./]
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery
<http://electionlawblog.org/?cat=12>
“The Disappearance of John Doe” <http://electionlawblog.org/?p=74352>
Posted onJuly 15, 2015 6:51 pm
<http://electionlawblog.org/?p=74352>byRick Hasen
<http://electionlawblog.org/?author=3>
This item
<http://www.prwatch.org/news/2015/07/12885/disappearance-john-doe>appears at
PR Watch.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery
<http://electionlawblog.org/?cat=12>
“Trial court breaks silence on redistricting schedule — orders Sept.
25 deadline” <http://electionlawblog.org/?p=74348>
Posted onJuly 15, 2015 3:40 pm
<http://electionlawblog.org/?p=74348>byRick Hasen
<http://electionlawblog.org/?author=3>
The
latest<http://miamiherald.typepad.com/nakedpolitics/2015/07/trial-court-breaks-the-silence-on-redistricting-schedule-orders-sept-25-deadline.html?utm_source=twitterfeed&utm_medium=twitter>from
Fla.
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Posted inredistricting <http://electionlawblog.org/?cat=6>
“Lawmakers Introduce Solution to Wall Street Conflicts of Interest;
New Public Citizen Report Highlights Extent of Problem”
<http://electionlawblog.org/?p=74346>
Posted onJuly 15, 2015 2:55 pm
<http://electionlawblog.org/?p=74346>byRick Hasen
<http://electionlawblog.org/?author=3>
Release <http://www.citizen.org/pressroom/pressroomredirect.cfm?ID=5593>:
In an effort to rein in conflicts of interest and revolving door
abuses within financial regulatory agencies, U.S. Sen. Tammy Baldwin
(D-Wisc.) and Rep. Elijah Cummings (D-Md.) today introduced the
Financial Services Conflict of Interest Act – a desperately needed
package of ethics reforms for those who regulate Wall Street.
At a press conference to announce the legislation, Public
Citizenreleased a report (PDF)
<http://www.citizen.org/documents/financial-services-conflict-of-interest-act-report.pdf>highlighting
the extent of the problem the bill is designed to address. The
report contains new data comparing the number of Wall Street and
other business executives hired by the Obama, Bush and Clinton
administrations that created potential conflicts of interest.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,conflict
of interest laws <http://electionlawblog.org/?cat=20>,ethics
investigations <http://electionlawblog.org/?cat=42>
NC Gov. Calls on NC Election Board Member Foley to Resign Following
Controversy <http://electionlawblog.org/?p=74344>
Posted onJuly 15, 2015 2:51 pm
<http://electionlawblog.org/?p=74344>byRick Hasen
<http://electionlawblog.org/?author=3>
Video clip <https://instagram.com/p/5K3NoUCExv/>.
Earlier coverage <http://electionlawblog.org/?p=74308>.
Update: I had thought the controversy had to do with a vote related to
student voting, butthis story
<http://www.wral.com/mccrory-looks-to-remove-elections-board-member/14775528/>explains
it had to do with a potential conflict of interest:
“Gov. McCrory will be taking appropriate action by statute to remove
him form the board,” said McCrory Communication Director Josh Ellis.
“The governor did this because of serious issues involving his
conduct as a board member.”
Foley is a Winston-Salem lawyer and, like the governor, a
Republican. McCrory says he will rely on statutes that allow him to
remove a board member for cause. In this case, McCrory says, Foley
has created at least the appearance of a conflict of interest.
The board met in Raleigh Wednesday to hear a report on a case
involvingdonations from video sweepstakes gambling companies to the
campaigns of North Carolina politicians
<http://www.wral.com/sweepstakes-investigation-shines-light-into-campaign-finance/14774983/>,
including McCrory. That investigation stemmed from a 2013 complaint
by Democracy North Carolina and involved the sweepstakes company IIT
and its owner, Chase Burns.
According to a report released by the Attorney General’s Office
earlier this month, Foley officially recused himself from the
investigation but frequently pressured state board investigators for
updates and early copies of the report at the same time his firm
represented Burns and IIT.
“I never attempted to, and hand no reason to, influence the outcome
of the investigation,” Foley said in a brief statement read by
telephone at the beginning of Wednesday’s board meeting.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
Jeb Bush to Release Bundler Names <http://electionlawblog.org/?p=74342>
Posted onJuly 15, 2015 2:50 pm
<http://electionlawblog.org/?p=74342>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT
reports.<http://www.nytimes.com/politics/first-draft/2015/07/15/jeb-bush-to-release-names-of-his-fund-raisers/> But
not Rubio.
As for Bush—this doesn’t let him off the hook asJeb the Destroyer.
<http://www.slate.com/articles/news_and_politics/politics/2015/04/jeb_bush_destroying_campaign_finance_rules_his_tactics_will_be_the_future.html>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
Kimberly Robinson on #SCOTUS Term, @UCILaw Term-in-Review
<http://electionlawblog.org/?p=74340>
Posted onJuly 15, 2015 12:34 pm
<http://electionlawblog.org/?p=74340>byRick Hasen
<http://electionlawblog.org/?author=3>
Here at Bloomberg BNA.
<http://www.bna.com/supreme-courts-left-b17179933568/>
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>
“Expert: N.C.’s election law places burdens on black, Hispanic
voters” <http://electionlawblog.org/?p=74338>
Posted onJuly 15, 2015 11:57 am
<http://electionlawblog.org/?p=74338>byRick Hasen
<http://electionlawblog.org/?author=3>
The latest
<http://www.journalnow.com/news/local/expert-n-c-s-election-law-places-burdens-on-black/article_c8d2dbd8-2b1b-11e5-bb65-7b8d56f39f60.html>from
the NC voting trial.
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Posted inThe Voting Wars <http://electionlawblog.org/?cat=60>,Voting
Rights Act <http://electionlawblog.org/?cat=15>
NASS Stinks <http://electionlawblog.org/?p=74334>
Posted onJuly 15, 2015 9:29 am
<http://electionlawblog.org/?p=74334>byRick Hasen
<http://electionlawblog.org/?author=3>
Boo! The National Association of Secretaries of States has renewed its
deplorable and indefensible call to stop funding the U.S. Election
Assistance Commission. The EAC is no panacea but it can do some very
helpful work on issues of voting technology and promulgating rules for
best practices. This is a turf war, it is a fear of a slightly larger
federal role in elections, and it disgusts me. (I discuss this much more
in my book, /The Voting Wars
<http://www.amazon.com/Voting-Wars-Florida-Election-Meltdown/dp/0300182031/ref=tmm_hrd_swatch_0?_encoding=UTF8&sr=&qid=>/.
<http://www.amazon.com/Voting-Wars-Florida-Election-Meltdown/dp/0300182031/ref=tmm_hrd_swatch_0?_encoding=UTF8&sr=&qid=>)
Doug Chapin
<http://editions.lib.umn.edu/electionacademy/2015/07/15/nass-reauthorizes-three-elections-resolutions-at-2015-summer-meeting/>has
the details:
3. Resolution Reaffirming the NASS Position on Funding and
Authorization of the U.S. Election Assistance Commission
<http://www.nass.org/component/docman/?task=doc_download&gid=1722&Itemid=>:
/WHEREAS, the National Association of Secretaries of State (NASS),
on February 6, 2005, voted to approve a resolution by a substantial
majority asking Congress not to reauthorize or fund the U.S.
Election Assistance Commission (EAC) after the conclusion of the
2006 federal election, by which date all the states were required to
fully implement the mandates of the Help America Vote Act; and/
/WHEREAS, the 2005 resolution was passed to help prevent the EAC
from eventually evolving into a regulatory body, contrary to the
spirt of the Help America Vote Act; and/
/WHEREAS, that action was meant to preserve the state’ ability to
serve as laboratories of change through successful experiments and
innovation in election reform; and/
/WHEREAS, each resolution passed at a NASS conference sunsets after
five years unless reauthorized by a vote of the members; and/
/WHEREAS, the NASS position on funding and authorization of the U.S.
Election Assistance Commission was renewed by the membership on July
20, 2010;/
/NOW THEREFORE BE IT RESOLVED that the National Association of
Secretaries of State, expressing their continued consistent position
in 2015, reaffirm their resolution of 2005 and 2010 and encourage
Congress not to reauthorize or fund the U.S. Election Assistance
Commission./
This one was contentious (passed largely but not exclusively on a
party-line vote); it reflects ongoing skepticism about the expanded
federal role post-HAVA in election administration as well aspartisan
concerns in Congress
<http://editions.lib.umn.edu/electionacademy/2015/03/02/even-after-return-congressiona/>about
the wisdom and desirability of expending federal funds on the EAC.
Reports from the meeting suggest that there were pleas to let the
new Commissioners do their work but that the longstanding concerns
about federal oversight eventually carried the day. It is notable,
however, that the new resolution essentially preserves the uneasy
compromise that characterizes the/status quo/.
UPDATE: NASSresponds
<https://twitter.com/NASSorg/status/621382523084513280>on Twitter: “It
wasn’t a simple vote@*NASSorg* <https://twitter.com/NASSorg>had a
respectful dialogue w opinions on both sides. Roll call vote w
reshttp://bit.ly/1e0V4ph<http://t.co/H4qvqyqbJA>“
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,Election Assistance Commission
<http://electionlawblog.org/?cat=34>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“What Campaign Filings Don’t Show: Super PACs’ Growing Sway”
<http://electionlawblog.org/?p=74332>
Posted onJuly 15, 2015 8:25 am
<http://electionlawblog.org/?p=74332>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT reports.
<http://www.nytimes.com/2015/07/16/us/politics/election-2016-fundraising-campaign-filings.html?ref=politics>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“The Past Goes On Trial in North Carolina”
<http://electionlawblog.org/?p=74330>
Posted onJuly 15, 2015 8:24 am
<http://electionlawblog.org/?p=74330>byRick Hasen
<http://electionlawblog.org/?author=3>
David Graham
<http://www.theatlantic.com/politics/archive/2015/07/nc-voting-case/398447/>for
the Atlantic.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Witnesses: Changes in N.C.’s election law caused voting hardships”
<http://electionlawblog.org/?p=74328>
Posted onJuly 15, 2015 8:22 am
<http://electionlawblog.org/?p=74328>byRick Hasen
<http://electionlawblog.org/?author=3>
Winston-Salem Journal report.
<http://www.journalnow.com/news/elections/local/witnesses-changes-in-n-c-s-election-law-caused-voting/article_211553c0-2a9f-11e5-be10-17c46a0392df.html>
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
“Democrats Pick An Attack Against Scott Walker: Voter ID”
<http://electionlawblog.org/?p=74326>
Posted onJuly 15, 2015 8:20 am
<http://electionlawblog.org/?p=74326>byRick Hasen
<http://electionlawblog.org/?author=3>
BuzzFeed reports.
<http://www.buzzfeed.com/darrensands/democrats-pick-an-attack-against-scott-walker-voter-id#.hunRNLMjr>
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Posted inThe Voting Wars <http://electionlawblog.org/?cat=60>
“FEC Draft Rejects Issue-Based Contribution”
<http://electionlawblog.org/?p=74324>
Posted onJuly 15, 2015 8:15 am
<http://electionlawblog.org/?p=74324>byRick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg BNA
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=72770690&vname=mpebulallissues&jd=a0g9v8j3c1&split=0>:
The Federal Election Commission is set to deny a request from
Democracy Rules Inc., a nonprofit organization that wants to collect
online contributions from people favoring various issue positions
and provide contributions to candidates favoring those positions.
The FEC released a draft advisory opinion (AO 2015-03) on theagenda
<http://www.fec.gov/agenda/2015/agenda20150716.shtml>for the FEC
commissioners’ open meeting July 16, which would deny the bid from
Democracy Rules.
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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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