[EL] ELB News and Commentary 7/29/15
Rick Hasen
rhasen at law.uci.edu
Wed Jul 29 06:46:56 PDT 2015
“Facebook Expands in Politics, and Campaigns Find Much to Like”
<http://electionlawblog.org/?p=74674>
Posted onJuly 29, 2015 6:45 am
<http://electionlawblog.org/?p=74674>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT reports.
<http://www.nytimes.com/2015/07/30/us/politics/facebook-expands-in-politics-and-campaigns-find-much-to-like.html?ref=politics>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“If the Obama presidency is winding down, why is his group
Organizing for Action ramping up?” <http://electionlawblog.org/?p=74672>
Posted onJuly 29, 2015 6:43 am
<http://electionlawblog.org/?p=74672>byRick Hasen
<http://electionlawblog.org/?author=3>
Monkey Cage.
<http://www.washingtonpost.com/blogs/monkey-cage/wp/2015/07/29/if-the-obama-presidency-is-winding-down-why-is-his-group-organizing-for-action-ramping-up/>
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Posted intax law and election law <http://electionlawblog.org/?cat=22>
“State elections director discusses prevention of voter fraud”
<http://electionlawblog.org/?p=74670>
Posted onJuly 29, 2015 6:43 am
<http://electionlawblog.org/?p=74670>byRick Hasen
<http://electionlawblog.org/?author=3>
The latest
<http://www.journalnow.com/news/local/state-elections-director-discusses-prevention-of-voter-fraud/article_3271a456-359f-11e5-90df-a3508fb1425a.html>from
the NC voting trial.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“House Republicans pretend IRS ‘scandal’ still exists”
<http://electionlawblog.org/?p=74668>
Posted onJuly 29, 2015 6:38 am
<http://electionlawblog.org/?p=74668>byRick Hasen
<http://electionlawblog.org/?author=3>
Steve Benen writes
<http://www.msnbc.com/rachel-maddow-show/house-republicans-pretend-irs-scandal-still-exists>.
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Posted intax law and election law <http://electionlawblog.org/?cat=22>
“Newly recovered Lois Lerner email shows IRS tried to cover up tea
party targeting” <http://electionlawblog.org/?p=74666>
Posted onJuly 29, 2015 6:37 am
<http://electionlawblog.org/?p=74666>byRick Hasen
<http://electionlawblog.org/?author=3>
The Washington Times reports.
<http://www.washingtontimes.com/news/2015/jul/28/new-irs-lerner-emails-show-block-congress-scrutiny/?page=all>
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Posted intax law and election law <http://electionlawblog.org/?cat=22>
“A Dream Undone: Inside the 50 Year Campaign to Roll Back the Voting
Rights Act” <http://electionlawblog.org/?p=74664>
Posted onJuly 29, 2015 6:35 am
<http://electionlawblog.org/?p=74664>byRick Hasen
<http://electionlawblog.org/?author=3>
Jim Rutenberg cover story
<http://www.nytimes.com/2015/07/29/magazine/voting-rights-act-dream-undone.html?_r=0>for
NYT magazine.
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
“Is the Federal Election Commission’s voting procedure unlawful?”
<http://electionlawblog.org/?p=74662>
Posted onJuly 29, 2015 6:33 am
<http://electionlawblog.org/?p=74662>byRick Hasen
<http://electionlawblog.org/?author=3>
Jonathan Adler writes
<https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/07/29/is-the-federal-election-commissions-voting-procedure-unlawful/>for
Volokh.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
Ilya Shapiro on Evenwel <http://electionlawblog.org/?p=74660>
Posted onJuly 28, 2015 9:07 pm
<http://electionlawblog.org/?p=74660>byRick Hasen
<http://electionlawblog.org/?author=3>
Here
<http://www.scotusblog.com/2015/07/symposium-taking-voter-equality-seriously/>,
at the SCOTUSBlog symposium.
My submission to the symposium should post Friday.
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>,voting
<http://electionlawblog.org/?cat=31>
“Don Zimmerman Files First Amendment Challenge to Austin Campaign
Restrictions” <http://electionlawblog.org/?p=74658>
Posted onJuly 28, 2015 9:05 pm
<http://electionlawblog.org/?p=74658>byRick Hasen
<http://electionlawblog.org/?author=3>
Press release
<http://lexpolitico.com/wp-content/uploads/2015/07/20150728-Release-Zimmerman-challenges-Austin-campaign-restrictions.pdf>:
Late Monday, District 6 representative Don Zimmerman filed a First
Amendment lawsuit challenging City of Austin campaign finance rules
that ban political speech and prohibit fundraising until next May
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Expert says VIVA made North Carolina’s voting laws ‘mainstream'”
<http://electionlawblog.org/?p=74656>
Posted onJuly 28, 2015 9:03 pm
<http://electionlawblog.org/?p=74656>byRick Hasen
<http://electionlawblog.org/?author=3>
Would have loved to see
<http://www.digitaljournal.com/news/politics/expert-says-viva-made-north-carolina-s-voting-laws-mainstream/article/439587>Sean
Trende testify and Dale Ho cross-examine him.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter id
<http://electionlawblog.org/?cat=9>
“Florida Senate Admits Partisan Redistricting Violated State
Constitution; Major Victory in National Drive for Fair Districts”
<http://electionlawblog.org/?p=74654>
Posted onJuly 28, 2015 5:35 pm
<http://electionlawblog.org/?p=74654>byRick Hasen
<http://electionlawblog.org/?author=3>
Release
<http://www.commoncause.org/press/press-releases/florida-senate-admits-partisan-redistricting.html>:
The Florida Senate agreed with Common Cause and the League of Women
Voters of Florida today that the Senate violated state
constitutional anti-gerrymandering standards when it drew its 2012
district maps.
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Posted inredistricting <http://electionlawblog.org/?cat=6>
“The New Elections Clause” <http://electionlawblog.org/?p=74652>
Posted onJuly 28, 2015 4:16 pm
<http://electionlawblog.org/?p=74652>byRick Hasen
<http://electionlawblog.org/?author=3>
Michael Morley
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2636007>has posted
this draft on SSRN. Here is the abstract:
The Supreme Court’s recent ruling in Arizona State Legislature v.
Arizona Independent Redistricting Commission (“AIRC”) lays to rest
several pressing disputes concerning the Elections Clause of the
U.S. Constitution, but other important controversies remain. This
short essay offers a critical examination of the “new” Elections
Clause, as it remains in the wake of this momentous ruling. The
essay contends that the Court’s ruling is best viewed as either a
legal process or representation-reinforcing interpretation of the
Clause. From either perspective, the Court’s methodology can have
important consequences for how it interprets the Constitution’s
other election-related provisions. This essay then explores several
issues, apart from the validity of independent redistricting
commissions, that AIRC resolves, including the permissibility of
delegations under the Elections Clause, the Court’s repudiation of
the independent state legislature doctrine, and the likely
permissibility of changing the process through which a state awards
its electoral votes through a public initiative. The essay concludes
by identifying major remaining controversies under the Clause, most
notably whether it imposes a constitutionally mandated “plain
meaning” canon of construction for state election laws.
Looking forward to reading this!
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Posted inElections Clause <http://electionlawblog.org/?cat=70>,Supreme
Court <http://electionlawblog.org/?cat=29>
Is Trump Aide Violating Campaign Finance Law?
<http://electionlawblog.org/?p=74650>
Posted onJuly 28, 2015 2:42 pm
<http://electionlawblog.org/?p=74650>byRick Hasen
<http://electionlawblog.org/?author=3>
BuzzFeed
<http://www.buzzfeed.com/rosiegray/trump-aides-outburst-raises-questions-about-his-ambiguous-ro#.bpz7BGQE6>:
According to campaign finance laws, there are two potential issues
if Cohen is taking on campaign-related duties. Campaign finance and
lobbying regulations expert Joseph Sandler, a lawyer for Sandler
Reiff Lamb Rosenstein & Birkenstock, explained to BuzzFeed News that
it would be a violation of the law if Cohen were to reduce his hours
devoted to Trump Organization work in favor of the campaign without
having reduced his pay from the Trump Organization, constituting an
illegal corporate in-kind contribution to the campaign.
Also, the time spent working on campaign-related affairs could be a
factor. “If Cohen is working out of the Trump Organization’s offices
and doing campaign work during working hours, if that work exceeds
four hours a month, that would constitute an unlawful use of
corporate resources for a federal campaign,” Sandler said.
Paul S. Ryan, senior counsel at the Campaign Legal Center, echoed
Sandler in an email to BuzzFeed News. He said that anyone can
volunteer for a campaign legally, but “if Mr. Cohen is actually
being paid by the Trump Organization for the campaign work he’s
doing—i.e., he’s ‘on the clock’—then the Trump Organization is
making an illegal in-kind corporate contribution to the Trump
campaign. In all likelihood, Mr. Cohen is a salaried individual who
can simply say/decide when his is on and off the clock for the Trump
Organization. By contrast, it would be clearly illegal for the Trump
Organization to pay hourly workers to do campaign work on the clock.”
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Judicial Oblivion: How the Wisconsin Supreme Court Ignored Legal
Precedent to End the John Doe Investigation”
<http://electionlawblog.org/?p=74648>
Posted onJuly 28, 2015 2:09 pm
<http://electionlawblog.org/?p=74648>byRick Hasen
<http://electionlawblog.org/?author=3>
Tara Malloy
<http://www.campaignlegalcenter.org/news/blog/judicial-oblivion-how-wisconsin-supreme-court-ignored-legal-precedent-end-john-doe> blogs.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery
<http://electionlawblog.org/?cat=12>
“The Money in Politics Disaster: Where Do We Go from Here”
<http://electionlawblog.org/?p=74646>
Posted onJuly 28, 2015 2:07 pm
<http://electionlawblog.org/?p=74646>byRick Hasen
<http://electionlawblog.org/?author=3>
Trevor Potter speech.
<http://www.campaignlegalcenter.org/news/blog/money-politics-disaster-where-do-we-go-here>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“A Bipartisan Proposal to Fix the Lobbyist Disclosure Act that Even
the Lobbyists’ Association Can Get Behind”
<http://electionlawblog.org/?p=74644>
Posted onJuly 28, 2015 2:06 pm
<http://electionlawblog.org/?p=74644>byRick Hasen
<http://electionlawblog.org/?author=3>
Release
<http://www.campaignlegalcenter.org/news/press-releases/bipartisan-proposal-fix-lobbyist-disclosure-act-even-lobbyists-association-can>:
The Lobbying Disclosure Act (LDA) is broken and it is time for
Congress to fix it. The LDA is falling woefully short of its stated
goal of “ensuring public awareness of the efforts of paid lobbyists
to influence the public decision-making process” and through this
transparency “increase public confidence in the integrity of
Government.” Lobbyists have deregistered, or simply never
registered in droves. As a result the American people are left in
the dark as to who is lobbying and the special interests paying them
to influence decision-makers in Washington.
A new, bipartisan proposal to update the LDA seeks to change the
registration and reporting requirements for lobbyists and shift
enforcement of the LDA to the Department of Justice. The proposal
comes out of the work of a blue ribbon Task Force assembled by the
American Bar Association, chaired by Campaign Legal Center President
Trevor Potter, a former Republican Federal Election Commission
Chair; Harvard University law professor Charles Fried, a former
Solicitor General under President George H. W. Bush; Perkins Coie
attorney Rebecca Gordon, a former Deputy General Counsel to the
Democratic National Committee; and attorney Joseph Sandler, a former
counsel for the Democratic National Committee. The Association of
Government Relations Professionals (formerly the American League of
Lobbyists) has endorsed a similar set of reforms
[Disclosure: I was a member of that ABA task force.]
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Posted inlobbying <http://electionlawblog.org/?cat=28>
“W&M Law’s Revive My Vote project receives Knight Foundation grant”
<http://electionlawblog.org/?p=74642>
Posted onJuly 28, 2015 2:04 pm
<http://electionlawblog.org/?p=74642>byRick Hasen
<http://electionlawblog.org/?author=3>
Release
<http://www.wm.edu/news/stories/2015/wm-laws-revive-my-vote-project-receives-knight-foundation-grant.php>:
William & Mary Law School’sRevive My Vote
<http://www.revivemyvote.com/>is pleased to announce it has received
a grant of $230,000 through the Knight News Challenge, a grant
program aimed at better informing voters and increasing civic
participation before, during, and after elections.
Created in conjunction with theWilliamsburg Bar Association
<http://www.williamsburgbar.com/>and launched in April 2014, Revive
My Vote helps Virginians with prior felony convictions who have
served their time and are eligible for voting rights restoration to
navigate the process of regaining their right to vote.
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Posted infelon voting <http://electionlawblog.org/?cat=66>
“Legislature sets special session for October to redraw Florida
Senate districts” <http://electionlawblog.org/?p=74640>
Posted onJuly 28, 2015 1:53 pm
<http://electionlawblog.org/?p=74640>byRick Hasen
<http://electionlawblog.org/?author=3>
Miami Herald
<http://miamiherald.typepad.com/nakedpolitics/2015/07/legislature-sets-special-session-for-october-to-redraw-florida-senate-districts.html>:
The Florida Legislature has set yet another special session, this
time for October to redraw the Florida Senate district lines that
opponents had argued violated the state constitution prohibition on
gerrymandering to favor or disfavor politicians.
The Legislature will meet from Oct. 19 to Nov. 6, according to a
joint statement put out by House Speaker *Steve Crisafulli*and
Senate President*Andy Gardiner*.
It will mark the third special session this year. In June,
legislators met in special session to finish a budget that was not
completed during the regular session in the spring. In August,
legislators will be in special session again to redraw the state’s
27 congressional districts, which the Florida Supreme Court ruled
earlier this month violated the state consitution….A trial over the
Senate map was scheduled to begin Sept. 28 in Leon County Circuit
Court in a case in which two Democrat-leaning groups, the League of
Women Voters and Common Cause, argue that 28 of the 40 Senate
districts were designed to favor incumbents and the Republican
Party, violating the Fair Districts amendments to the state
Constitution.
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Posted inredistricting <http://electionlawblog.org/?cat=6>
“How the 2000 Election in Florida Led to a New Wave of Voter
Disenfranchisement” <http://electionlawblog.org/?p=74638>
Posted onJuly 28, 2015 8:38 am
<http://electionlawblog.org/?p=74638>byRick Hasen
<http://electionlawblog.org/?author=3>
Ari Berman excerpt
<http://www.thenation.com/article/how-the-2000-election-in-florida-led-to-a-new-wave-of-voter-disenfranchisement/>in
The Nation from his new book,Give Us the Ballot.
<http://www.amazon.com/Give-Us-Ballot-Struggle-America/dp/0374158274>
I’ll have more to say about Ari’s book later on down the line, but for
now I’ll say that I highly recommend it.
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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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