[EL] ELB News and Commentary 7/21/15
Rick Hasen
rhasen at law.uci.edu
Tue Jul 21 08:49:02 PDT 2015
Speech or Debate Clause, Citizens United, Weigh Heavily in Sen.
Menendez Defense to Bribery <http://electionlawblog.org/?p=74466>
Posted onJuly 21, 2015 8:47 am
<http://electionlawblog.org/?p=74466>byRick Hasen
<http://electionlawblog.org/?author=3>
This
<http://www.nytimes.com/2015/07/21/nyregion/menendez-says-us-charges-violate-independence-of-congress.html?ref=politics>should
be interesting.
Even if these claims ultimately fail (which they likely will), it will
likely buy the Senator some significant time before potential incarceration.
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Posted inbribery <http://electionlawblog.org/?cat=54>,campaign finance
<http://electionlawblog.org/?cat=10>,Speech or Debate Clause
<http://electionlawblog.org/?cat=36>
“8 Nassau GOP clubs failed to report thousands in campaign
contributions” <http://electionlawblog.org/?p=74464>
Posted onJuly 21, 2015 8:44 am
<http://electionlawblog.org/?p=74464>byRick Hasen
<http://electionlawblog.org/?author=3>
Newsday reports
<http://www.newsday.com/long-island/nassau/8-nassau-gop-clubs-failed-to-report-thousands-in-campaign-contributions-1.10662119>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“New York’s Big Money Loophole” <http://electionlawblog.org/?p=74461>
Posted onJuly 21, 2015 8:43 am
<http://electionlawblog.org/?p=74461>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT editorial.
<http://www.nytimes.com/2015/07/21/opinion/new-yorks-big-money-loophole.html>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“In Defense of the Equal Sovereignty Principle”
<http://electionlawblog.org/?p=74459>
Posted onJuly 21, 2015 8:34 am
<http://electionlawblog.org/?p=74459>byRick Hasen
<http://electionlawblog.org/?author=3>
Thomas Colby has postedthis
draft<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2616889>on SSRN
(forthcoming/Duke LJ/). Here is the abstract:
The Supreme Court of the United States based its landmark decision
in Shelby County v. Holder on the proposition that the Constitution
contains “a fundamental principle of equal sovereignty among the
States.” For the central holding of a blockbuster constitutional
case, that assertion was surprisingly unsupported. The Court simply
declared it to be true, and made little effort to substantiate it.
Naked as it was, the Court’s conclusion prompted savage criticism
not only from the left, but also from the right. The consensus
critical reaction was epitomized by Judge Richard Posner’s remark
that “the court’s invocation of equal sovereignty is an
indispensable prop of the decision. But…there is no doctrine of
equal sovereignty. The opinion rests on air.” Critics also worried
that, because there are countless federal laws that can be said to
treat the states disparately, the Court’s brand-new equal
sovereignty principle is, as Justice Ginsburg put it in her strident
dissent, “capable of much mischief.” This Article contends that the
critics of Shelby County are only half right — and that the Shelby
County majority, despite its cursory analysis, is half right too.
The critics are correct that the Court seemingly pulled the equal
sovereignty principle out of thin air — that it played a little too
fast and loose with precedent and failed to wrestle adequately with
constitutional text, structure, and history. Nonetheless, this
Article concludes — after performing the thorough examination of the
traditional sources of constitutional law that was missing from the
ipse dixit of Shelby County — that there is indeed a deep principle
of equal sovereignty that runs through the Constitution. In James
Madison’s words, the Constitution contemplates “a government of a
federal nature, consisting of many coequal sovereigns.” Properly
understood, however, the equal sovereignty principle is not a
guarantee of state equality in all respects. It guarantees only
equal sovereignty — equal capacity for self-government — which makes
it more fundamental, but also less expansive, than critics have feared.
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>,Voting
Rights Act <http://electionlawblog.org/?cat=15>
“Campaign Legal Center and Democracy 21’s Two-Pronged Effort to Join
the FEC’s Advisory Opinion Process”
<http://electionlawblog.org/?p=74457>
Posted onJuly 21, 2015 8:31 am
<http://electionlawblog.org/?p=74457>byRick Hasen
<http://electionlawblog.org/?author=3>
Steve Klein blogs.
<https://pillaroflaw.org/index.php/blog/entry/campaign-legal-center-and-democracy-21-s-two-pronged-effort-to-join-the-fec-s-advisory-opinion-process>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
“Democratic Party Machinery Shows Rust; Leaders worry losses of
state, local offices create shortage of top candidates”
<http://electionlawblog.org/?p=74455>
Posted onJuly 21, 2015 8:26 am
<http://electionlawblog.org/?p=74455>byRick Hasen
<http://electionlawblog.org/?author=3>
WSJ reports.
<http://www.nytimes.com/roomfordebate/2015/07/21/are-there-too-many-gop-candidates/if-someone-has-the-money-why-not-run-for-president?utm_content=buffer1cbce&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer>
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Posted incampaigns <http://electionlawblog.org/?cat=59>,political
parties <http://electionlawblog.org/?cat=25>
“Scott Walker Proposes Shutting Wisconsin Ethics Board”
<http://electionlawblog.org/?p=74453>
Posted onJuly 21, 2015 7:49 am
<http://electionlawblog.org/?p=74453>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT reports
<http://www.nytimes.com/2015/07/21/us/scott-walker-proposes-shutting-wisconsin-ethics-board.html?_r=1>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,ethics
investigations <http://electionlawblog.org/?cat=42>
Lyle Denniston Sees Potential #SCOTUS Review in Wisconsin John
Doe/Delaware Disclosure Express Advocacy Cases
<http://electionlawblog.org/?p=74451>
Posted onJuly 21, 2015 7:46 am
<http://electionlawblog.org/?p=74451>byRick Hasen
<http://electionlawblog.org/?author=3>
Analysis
<http://blog.constitutioncenter.org/2015/07/constitution-check-whats-the-next-big-controversy-on-campaign-finance/>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
Just Sayin’ Dept <http://electionlawblog.org/?p=74449>
Posted onJuly 21, 2015 7:44 am
<http://electionlawblog.org/?p=74449>byRick Hasen
<http://electionlawblog.org/?author=3>
“If we weren’t sort of a work-in-the-open organization, you could run
Politwoops and just not tell anyone. And I think Twitter probably
wouldn’t find out,” he said at another point, before quickly adding,
“That’s not an endorsement.”
–Nicko Margolies of Sunlight, quoted byThe Hill.
<http://thehill.com/business-a-lobbying/lobbyist-profiles/248568-return-of-the-tweets>
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Posted incampaigns <http://electionlawblog.org/?cat=59>,social media and
social protests <http://electionlawblog.org/?cat=58>
“Canadian election: 1.4m expatriates barred from voting after court
ruling” <http://electionlawblog.org/?p=74447>
Posted onJuly 20, 2015 8:22 pm
<http://electionlawblog.org/?p=74447>byRick Hasen
<http://electionlawblog.org/?author=3>
The Guardian reports.
<http://www.theguardian.com/world/2015/jul/20/canadian-election-14m-expatriates-barred-from-voting-after-court-ruling>
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Voter in L.A. school board race wins $25,000 for casting a ballot”
<http://electionlawblog.org/?p=74445>
Posted onJuly 20, 2015 3:35 pm
<http://electionlawblog.org/?p=74445>byRick Hasen
<http://electionlawblog.org/?author=3>
LAT
<http://www.latimes.com/local/lanow/la-me-ln-lausd-election-winner-20150717-story.html#page=1>:
An experiment in boosting chronic low-turnout local elections ended
Friday when Rojas, a 35-year-old security guard, received a check
for winning a lottery that included every voter in District 5 for
the Los Angeles Board of Education.
“I was shocked,” Rojas said. “I still can’t believe it.”
The contest comes as officials are trying to get voters to the
polls. In Los Angeles County only 31% of registered voters cast
ballots in the November 2014 statewide election. Turnout was
particularly low among Latinos, at only 23%. Figures for local
elections are more anemic. Last year, L.A. City officials talked
about giving out prizes in hopes of increasing turnout.
The May runoff election in Los Angeles pitted incumbent Bennett
Kayser against Ref Rodriguez, who won in a district that includes
the area north and east of downtown as well as the cities of
southeast L.A. County.
The lottery was the brainchild of Southwest Voter Registration
Education Project and its president, Antonio Gonzalez. A main focus
of the nonprofit is increasing voter turnout, especially within the
Latino community. The group also has recruited Latinos to run for
office, although it cannot endorse candidates.
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Posted invote buying <http://electionlawblog.org/?cat=43>,voting
<http://electionlawblog.org/?cat=31>
“Campaign watchdog questions nonprofit that backs Kasich”
<http://electionlawblog.org/?p=74443>
Posted onJuly 20, 2015 3:07 pm
<http://electionlawblog.org/?p=74443>byRick Hasen
<http://electionlawblog.org/?author=3>
Columbus Dispatch
<http://www.dispatch.com/content/blogs/the-daily-briefing/2015/07/7-20-2015-campaign-watchdog-questions-nonprofit-that-backs-kasich.html>:
A campaign watchdog is questioning whether Ohio Gov. John Kasich’s
newest TV ad may violate federal campaign finance laws.
The ad, a positive ad on Kasich’s history of balancing budgets, is
scheduled to begin airing Tuesday in New Hampshire. The ad was
purchased by “New Day for America,” the 527 nonprofit group that
supports Kasich.
But Tuesday is also the day that Kasich is expected to declare that
he is running for president, and the Campaign Legal Center, a
Washington, D.C. campaign watchdog, said it is worried that the ad
may violate laws aimed at limiting contributions to presidential
campaigns.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Ex-College Democrats president: N.C. election law intimidated
college students” <http://electionlawblog.org/?p=74441>
Posted onJuly 20, 2015 1:55 pm
<http://electionlawblog.org/?p=74441>byRick Hasen
<http://electionlawblog.org/?author=3>
The latest from theNC voting trial.
<http://www.journalnow.com/news/local/ex-college-democrats-president-n-c-election-law-intimidated-college/article_4ae0659e-2f0b-11e5-8403-a3cc273a1ec7.html>
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“House Members Urge Obama to Veto Bill if Campaign Finance Riders
Not Removed” <http://electionlawblog.org/?p=74439>
Posted onJuly 20, 2015 1:45 pm
<http://electionlawblog.org/?p=74439>byRick Hasen
<http://electionlawblog.org/?author=3>
Democracy 21
<http://www.democracy21.org/money-in-politics/press-releases-money-in-politics/house-members-urge-obama-to-veto-bill-if-campaign-finance-riders-not-removed/>Press
Release:
Today, 47 members of the House of Representatives signed and sent a
letter to President Obama urging the President to block campaign
finance riders that have been placed in the House Financial Services
Appropriations bill.
The letter organized by Representative Chris Van Hollen (D-MD)
states that the bill would prevent the Executive Branch from issuing
rules to require campaign finance disclosure by government
contractors and non-profit “social welfare” organizations, as well
as shareholder disclosure by corporations.
The letter from House members urges the president to veto this
legislation if the riders are not removed from the bill.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Small donor myth debunked; The heavily touted grassroots
fundraising engines were largely spin, a POLITICO analysis shows.”
<http://electionlawblog.org/?p=74437>
Posted onJuly 20, 2015 1:24 pm
<http://electionlawblog.org/?p=74437>byRick Hasen
<http://electionlawblog.org/?author=3>
Politico
<http://www.politico.com/story/2015/07/small-donor-myth-upended-120275.html>:
Clinton’sfundraising juggernaut
<http://www.politico.com/story/2015/07/hillary-clinton-campaign-fundraising-first-quarter-119636.html>of
a campaign for the Democratic nomination, which repeatedly pledged
to build “a grassroots-driven organization,” revealed in its FEC
report that 67 percent of its field-leading $47 million in
primary-election cash came from donors contributing $2,700 or more.
Only 18 percent came from donations of $200 or less.
That puts Clinton roughly in the middle of pack as far as the
percentage of cash raised from small donors during the
second-quarter fundraising period that ran from the beginning of
April through the end of last month.
At the low end was Jeb Bush, whose campaign paced the field of
Republican presidential hopefuls by raising $11.4 million in the
second quarter. But only three percent of that came from donors who
gave $200 or less. By contrast, Bush raised 88 percent of his cash
from donors who gave the primary maximum of $2,700 or more – the
highest such percentage in the field.
By far theleader in small-dollar fundraising
<http://www.politico.com/story/2015/07/bernie-sanders-campaign-finance-fec-15-million-2016-120164.html>was
Bernie Sanders. His insurgent campaign for the Democratic nomination
raised more than 75 percent of its $13.6-million haul from donors
who gave $200 or less, versus only 2 percent from maximum donors.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Statement on G.A.B.’s Future” <http://electionlawblog.org/?p=74435>
Posted onJuly 20, 2015 1:05 pm
<http://electionlawblog.org/?p=74435>byRick Hasen
<http://electionlawblog.org/?author=3>
Well said: <http://www.gab.wi.gov/node/3669>
July 20, 2015
MADISON, WI – Kevin J. Kennedy, director and general counsel of the
Wisconsin Government Accountability Board, today issued this statement:
There has been a great deal of misinformation about the Government
Accountability Board in the past two weeks, especially following
Thursday’s Wisconsin Supreme Court ruling. The G.A.B. has been a
Wisconsin success story, and in many important ways has achieved
what the Legislature intended by combining two separate agencies.
At the time, the Legislature determined that Wisconsin needed an
independent watchdog to ensure that elections, ethics, campaign
finance and lobbying laws are administered and enforced in a
transparent nonpartisan manner. Those goals remain central to our
daily work at the G.A.B.
The G.A.B. has established itself as a model to be emulated
throughout the country. We have been nationally recognized as one
of the top performing states in the administration of elections,
lobbying and campaign finance laws. We have been consistently
commended by our local election partners and customers as
indispensable to the effective and fair administration of those
laws. Policymakers and elected officials should be bragging about
and taking credit for the structure and accomplishments of the
G.A.B., and ensuring that it has the resources to continue its
statutory responsibilities. Unfortunately, it has become more
expedient to use the G.A.B. as a political target than to honestly
assess its performance.
In establishing the requirements for our Board and staff, the
Legislature determined that this agency would be accountable not
only to partisans, but to our many customers. We receive strong,
positive feedback every day regarding the assistance we provide to
local clerks, candidates and political committees, public officials,
and voters. Almost all of that work is completely separate from the
political dramas that make the headlines.
Even in the midst of controversies and events outside its control,
the nonpartisan and professional G.A.B. has proven its value. It has
been thoughtful and thorough in responding to any concerns raised by
the Legislature and others. The G.A.B.’s efforts to implement
recommendations resulting from the recent legislative audit were
swift and complete. And while the G.A.B. is often sued as the
agency that enforces and administers election and campaign finance
laws, typically any negative court decisions result from
shortcomings in the laws that have been passed, not from decisions
or actions of the G.A.B.
The Legislature expected and intended the Government Accountability
Board to operate in a professional, unbiased, and nonpartisan
manner. In doing so, we have been accountable not to any single
individual or political party, but to the will of the people of
Wisconsin as expressed in its laws. The Legislature and Governor
are free to change those laws of course, but I am proud of what the
agency has achieved since its inception. It would be shortsighted
to simply disregard that success.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
Congrats to Election Law Prof Lori Ringhand
<http://electionlawblog.org/?p=74433>
Posted onJuly 20, 2015 12:40 pm
<http://electionlawblog.org/?p=74433>byRick Hasen
<http://electionlawblog.org/?author=3>
Lori <http://www.law.uga.edu/profile/lori-ringhand>has been named
Associate Dean for Academic Affairs at UGA Law.
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Posted inelection law biz <http://electionlawblog.org/?cat=51>
--
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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