[EL] ELB News and Commentary 3/11/15
Rick Hasen
rhasen at law.uci.edu
Wed Mar 11 09:46:54 PDT 2015
“Likely 2016 presidential candidates put money to work through their
PACs” <http://electionlawblog.org/?p=70917>
Posted onMarch 11, 2015 9:43 am
<http://electionlawblog.org/?p=70917>byRick Hasen
<http://electionlawblog.org/?author=3>
LAT reports.
<http://www.latimes.com/nation/politics/la-na-presidential-pacs-2016-20150311-story.html>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“How the Decline of Trust led to Dysfunctional Government”
<http://electionlawblog.org/?p=70915>
Posted onMarch 11, 2015 9:40 am
<http://electionlawblog.org/?p=70915>byRick Hasen
<http://electionlawblog.org/?author=3>
Stephen Griffin
<http://balkin.blogspot.com/2015/03/how-decline-of-trust-led-to.html>:
That is, in essence, the thesis of a new book I’ve written.
Intended to be short and accessible, the University Press of Kansas
is publishing it this fall in a series edited by Sandy and Jeff
Tulis. I’ve justposted
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2570627>Chapter
1 of/Broken Trust: Dysfunctional Government and Constitutional
Reform/, to SSRN. Chapter 1 serves both as the introduction and
begins the discussion by setting out my themes of the relationship
of trust in government to the constitutional order, understanding
dysfunctional government in terms of studying the aftermath of
“policy disasters,” and whether and how we should reform the
Constitution.
Chapter 1 begins by establishing a framework, inspired by the work
Madison did in preparation for the Philadelphia Convention, for
assessing claims that dysfunctional government justifies changing
the Constitution. It argues that although the idea that our
government is dysfunctional is quite plausible, it is much harder
than most assume to build a case that this dysfunction justifies
fundamental constitutional reform. Despite this, the book assumes
the burden of arguing that such fundamental reform is justified.
However, I have an original take on how such an argument can be made
and so I go about this task differently from most of the existing
literature. In particular, although I have no quarrel with the
evidence of political polarization, at least among elites, I steer
clear of arguments about dysfunction based on polarization. I
believe that the problem of trust in government is more fundamental
and relevant to the challenge of justifying constitutional reform.
Read more »
<http://balkin.blogspot.com/2015/03/how-decline-of-trust-led-to.html>*
*
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Posted inpolitical polarization <http://electionlawblog.org/?cat=68>
“Why is there no absentee voting in Israel?”
<http://electionlawblog.org/?p=70913>
Posted onMarch 11, 2015 9:37 am
<http://electionlawblog.org/?p=70913>byRick Hasen
<http://electionlawblog.org/?author=3>
TLV1
<http://tlv1.fm/so-much-to-say/2015/03/11/why-is-there-no-absentee-voting-in-israel/>:
Close to a million Israeli adults will be out of the country on
Election Day next week – almost 15 percent of the total number of
eligible voters. With Israeli election law forbidding voting from
abroad, a large chunk of the population cannot cast a ballot.
Dr. Nir Atmor, political scientist at Safed Academic College, takes
Host Gilad Halpern through the history of this provision, and says
that unlike other democracies, Israel hasn’t changed it for
political reasons.
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Posted inabsentee ballots <http://electionlawblog.org/?cat=53>,election
administration <http://electionlawblog.org/?cat=18>
“How to end the tyranny of the Electoral College”
<http://electionlawblog.org/?p=70911>
Posted onMarch 11, 2015 9:31 am
<http://electionlawblog.org/?p=70911>byRick Hasen
<http://electionlawblog.org/?author=3>
Rob Richie and Claire Davissoped
<http://blogs.reuters.com/great-debate/2015/03/11/how-to-end-the-tyranny-of-the-electoral-college/>.
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Posted inelectoral college <http://electionlawblog.org/?cat=44>
“CCP Response to Campaign Legal Center’s Response to CCP’s Comments
on New Mexico House Bill 278″ <http://electionlawblog.org/?p=70909>
Posted onMarch 11, 2015 9:30 am
<http://electionlawblog.org/?p=70909>byRick Hasen
<http://electionlawblog.org/?author=3>
Here.
<http://www.campaignfreedom.org/2015/03/11/campaign-legal-centers-response-to-ccps-comments-on-new-mexico-house-bill-278/>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Lindsey Graham is Campaign Finance Reform-Curious”
<http://electionlawblog.org/?p=70907>
Posted onMarch 11, 2015 9:30 am
<http://electionlawblog.org/?p=70907>byRick Hasen
<http://electionlawblog.org/?author=3>
Weigel.
<http://www.bloomberg.com/politics/articles/2015-03-10/lindsey-graham-is-campaign-finance-reform-curious>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Emails Reveal Lobbyist Had Undisclosed Role In Cuomo Financial
Crisis Investigation” <http://electionlawblog.org/?p=70905>
Posted onMarch 11, 2015 9:28 am
<http://electionlawblog.org/?p=70905>byRick Hasen
<http://electionlawblog.org/?author=3>
Justin Elliott
<http://www.propublica.org/article/lobbyist-had-undisclosed-role-in-cuomo-financial-crisis-investigation>reports
for ProPublica.
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Posted inlobbying <http://electionlawblog.org/?cat=28>
“Wisconsin’s Battle Over Voter Photo ID Law Could Soon Reach an End”
<http://electionlawblog.org/?p=70903>
Posted onMarch 11, 2015 9:27 am
<http://electionlawblog.org/?p=70903>byRick Hasen
<http://electionlawblog.org/?author=3>
Wisconsin Public Radio reports
<http://wuwm.com/post/wisconsins-battle-over-voter-photo-id-law-could-soon-reach-end>.
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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>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
“Campaign Finance: The Current State of Affairs & Where We Go From
Here” <http://electionlawblog.org/?p=70901>
Posted onMarch 11, 2015 9:25 am
<http://electionlawblog.org/?p=70901>byRick Hasen
<http://electionlawblog.org/?author=3>
Looks like a greatNYC bar association event.
<https://services.nycbar.org/iMIS/Events/Event_Display.aspx?EventKey=ELE032415&WebsiteKey=f71e12f3-524e-4f8c-a5f7-0d16ce7b3314>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
Schmitt on Reform Skeptics and Romantics
<http://electionlawblog.org/?p=70899>
Posted onMarch 10, 2015 5:39 pm
<http://electionlawblog.org/?p=70899>byBruce Cain
<http://electionlawblog.org/?author=14>
Mark Schmitt has written a thoughtful piece about democratic romanticism
in the recent edition of the
journal/Democracy/(http://www.democracyjournal.org/36/democratic-romanticism-and-its-critics.php).
In it, he identifies “an increasingly influential group of scholars and
journalists” who form a “school of skeptics” about the thrust and
assumptions of contemporary political reform. He includes in this group
Rick Pildes, Jonathon Rauch, Jason Grumlet, Ray LaRaja and me. He could
have also mentioned Francis Fukuyama, Frances Lee, Nate Persily, Nelson
Polsby and many others as well.
Indeed, there are a growing number of skeptics about the effectiveness
and goals of contemporary US political reform. The reason is that some
of these reforms have to a degree/contributed/to the current polarized
politics situation. This is not to deny the importance of deeper
contextual causes, but only to say that/some/political reforms have made
a bad situation worse in unintended ways.
Since Schmitt’s piece is generally sympathetic to this skeptical
critique, it may seem a bit petty to take issue with Mark, but I will
incur that risk for the sake of greater clarity about a couple of key
points. While I suspect that others in the skeptical cluster may agree
with me, I can only speak with certainty about my own views.
First, Mark mistakes our realism about second best solutions for party
nostalgia and romanticism. In some ideal reform world, perhaps, the
Supreme Court would have taken a less strict view of the accepted
justifications for campaign spending restrictions, but we have to take
their decisions as a constraint for the foreseeable future. These
decisions have proliferated independent spending and dark money by
outside groups. Perhaps the best long-term strategy for those who do not
like the status quo is to work for changes in the Supreme Court’s
composition. But failing that, we should be open to a second best
strategy that tries to redirect more of the money flow into the
regulated and disclosed channels and away from independent spending. The
Court has recently made that task somewhat easier by lifting the
aggregate limits on contributions to parties and candidates, but there
is more that could be done to allow larger donations to the party
organizations and leaders that prioritize winning over purity. This may
prove to be wrong advice, but it is not nostalgic or romantic. Nor is it
the same reason the American Political Science Association endorsed
responsible parties many decades ago.
Secondly, Mark is essentially skeptical that Republicans are rational
actors, or that the electoral system will punish the Republicans for
extreme behavior. I know a lot of Republicans, and while I do not always
agree with them, only a minority are nuts. Most like being in office.
Most like having power. Many are frustrated about the purists in their
ranks. As a Democrat, Mark will remember that his own party has gone
through phases of seeming irrationality. Let us not forget the endless
Democratic Party reforms from 1968 though 1992 and the struggle to
balance activist and professionals that culminated in creating
super-delegates for the party conventions. American political parties go
through phases when they sometimes get captured by purity politics, but
they eventually get the pragmatic message.
Mark is also too quick to dismiss the median voter incentive. How does
he explain the fact the establishment candidates have so far prevailed
in winning the Republican Presidential nominations, or that Speaker
Boehner relied on Democratic votes to pass the debt ceiling and DHS
funding rather than give in to the Tea Party demands for obstruction.
The Republican Party establishment recognizes the folly of purism, and
could use some help from campaign finance reform. If there is a better
way to put money in the hands of the pragmatists who prefer power to
purity, I am “all ears.”
And let’s not forget that some of the purity problem that both parties
have to counter is due to previous reform efforts to democratize the
parties through primaries and caucuses. This has accentuated the voice
of party activists, who tend to dominate the nomination processes when
average voters stay home.
Finally, it is important not to focus on Congress alone. There are
important problems at the Federal agency level, and in the states and
local governments. A purely Washington focus discards lessons that have
been learned in other parts of the country. The American reform
challenge is complex and varied. In some cases, we need more democracy,
and in others, less. Some parts of the system are harder to change than
others. And some solutions to may lie outside institutional design. But
that should not stop us from doing what we can to tinker with the system
to mitigate the problems to the degree that we can.
Bruce Cain
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Posted incampaigns <http://electionlawblog.org/?cat=59>,political
parties <http://electionlawblog.org/?cat=25>,primaries
<http://electionlawblog.org/?cat=32>
“Spare Annapolis the dysfunction of D.C.”
<http://electionlawblog.org/?p=70896>
Posted onMarch 10, 2015 5:26 pm
<http://electionlawblog.org/?p=70896>byRick Hasen
<http://electionlawblog.org/?author=3>
David Lublin oped
<http://www.baltimoresun.com/news/opinion/oped/bs-ed-partisan-politics-20150310-story.html>in
the /Baltimore Sun./
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Posted inpolitical parties
<http://electionlawblog.org/?cat=25>,political polarization
<http://electionlawblog.org/?cat=68>
“Election Law Program Launches State Election Law eBenchbook
Project” <http://electionlawblog.org/?p=70894>
Posted onMarch 10, 2015 5:21 pm
<http://electionlawblog.org/?p=70894>byRick Hasen
<http://electionlawblog.org/?author=3>
Release
<http://law.wm.edu/news/stories/2015/election-law-program-launches-state-election-law-ebenchbook-project.php>:
TheElection Law Program
<http://law.wm.edu/academics/intellectuallife/researchcenters/electionlaw/>,
a joint program ofWilliam & Mary Law School <http://law.wm.edu/>and
theNational Center for State Courts <http://www.ncsc.org/>,
announced a new initiative to develop State Election Law eBenchbooks
to assist courts adjudicating election matters. “Building on our
track-record of providing election law resources to the judiciary,
we are excited for this opportunity to create state-specific
materials,” said Election Law Program Co-Director Amy McDowell of
the National Center for State Courts.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Elusive Justice in Wisconsin” <http://electionlawblog.org/?p=70892>
Posted onMarch 10, 2015 5:15 pm
<http://electionlawblog.org/?p=70892>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT editorial.
<http://www.nytimes.com/2015/03/10/opinion/elusive-justice-in-wisconsin.html?_r=1>
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Posted injudicial elections <http://electionlawblog.org/?cat=19>
“With ‘Motor Voter’ bill, Oregon perpetuates voting wars (OPINION)”
<http://electionlawblog.org/?p=70890>
Posted onMarch 10, 2015 5:14 pm
<http://electionlawblog.org/?p=70890>byRick Hasen
<http://electionlawblog.org/?author=3>
Paul Gronke
<http://www.oregonlive.com/opinion/index.ssf/2015/03/with_motor_voter_bill_oregon_p.html>in
the Oregonian:
With those figures, it sounds like automatic voter registration is a
good thing; it creates a voter registration system that is easier
for citizens, less expensive for the taxpayers and less prone to
inaccuracy. Moreover, voter registration is not enshrined in our
Constitution. As Harvard historian Alex Keyssar has shown, it was
only implemented in the 19th century as a method to disenfranchise
first poor and foreign-born, and later African American citizens.
So why, then, did every single Republican in the Oregon House and
Senate oppose the bill, and all but one Democrat (Scappoose’s Sen.
Betsy Johnson, who opposed it last time) support the bill? The
answer is that election administration and reform — both here in
Oregon and nationwide — have become one more front in the all-out
legal and political melee that law professor Rick Hasen calls the
“Voting Wars.”
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Hasidic Voters Sue Sullivan County Board of Elections”
<http://electionlawblog.org/?p=70888>
Posted onMarch 10, 2015 5:12 pm
<http://electionlawblog.org/?p=70888>byRick Hasen
<http://electionlawblog.org/?author=3>
NY State of Politics
<http://www.nystateofpolitics.com/2015/03/hasidic-voters-sue-sullivan-county-board-of-elections/>:
A group of Hasidic voters in the small Catskills village of
Bloomingburgis suing
<http://www.newsweek.com/new-york-town-wants-stop-hasidic-jews-voting-lawsuit-312271>the
Sullivan County Board of Elections, alleging it is “engaging in an
unyielding discriminatory campaign” to deprive them of their right
to vote because of their religion.
There has been anongoing dispute
<http://www.newsweek.com/bloomingburg-jewish-catskills-new-york-hasidic-276230>between
the Hasidic community in Bloomingburg, which has grown considerably
in recent years, and local officials. The heart of the standoff is a
Hasidic housing project proposed by a controversial developer named
Shalom Lamm.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
The Pope on Campaign Financing <http://electionlawblog.org/?p=70886>
Posted onMarch 10, 2015 5:09 pm
<http://electionlawblog.org/?p=70886>byRick Hasen
<http://electionlawblog.org/?author=3>
Woah
<http://www.cruxnow.com/church/2015/03/10/pope-says-of-risk-from-terrorists-my-life-is-in-gods-hands-2/>:
Asked about when he plans to visit Argentina, Francis said that he
wants to do so in 2016, but that it’s not set in stone because he
has other trips to plan and countries to go to before.
Referring to the national elections his home country will have later
this year, he asked for politicians to have a clear, concrete
platform, to be honest when presenting their ideas, and to hold a
“free, unfinanced campaign.”
“In the financing of electoral campaigns, many interests get into
the mix, and then they send you the bill,” Francis said.
He also called for transparency in fundraising for political campaigns.
“Perhaps public financing would allow for me, the citizen, to know
that I’m financing each candidate with a given amount of money,” he
said. “Everything needs to be transparent and clean.”
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Democratic Romanticism and Its Critics; Everything you thought you
knew about fixing American politics might be wrong.”
<http://electionlawblog.org/?p=70884>
Posted onMarch 10, 2015 5:07 pm
<http://electionlawblog.org/?p=70884>byRick Hasen
<http://electionlawblog.org/?author=3>
Mark Schmitt writes
<http://www.democracyjournal.org/36/democratic-romanticism-and-its-critics.php?page=all>for
/Democracy./
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Posted intheory <http://electionlawblog.org/?cat=41>
Daily Show Devoted to Selma, Voting Rights Act, and Interview with
John Lewis <http://electionlawblog.org/?p=70882>
Posted onMarch 10, 2015 7:26 am
<http://electionlawblog.org/?p=70882>byRick Hasen
<http://electionlawblog.org/?author=3>
Watch.
<http://thedailyshow.cc.com/full-episodes/862nbi/march-9--2015---john-lewis>
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
“Rethinking ‘Corruption’ in Campaign Finance Reform Circles”
<http://electionlawblog.org/?p=70879>
Posted onMarch 10, 2015 7:23 am
<http://electionlawblog.org/?p=70879>byRick Hasen
<http://electionlawblog.org/?author=3>
Bauer
<http://www.moresoftmoneyhardlaw.com/2015/03/rethinking-corruption-campaign-finance-reform-circles/>on
Lessig, Hasen, Teachout—corruption and inequality.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“House Democrats’ Letter to GAO Covers Voting Technology,
Registration Reforms” <http://electionlawblog.org/?p=70877>
Posted onMarch 10, 2015 7:17 am
<http://electionlawblog.org/?p=70877>byRick Hasen
<http://electionlawblog.org/?author=3>
A ChapinBlog.
<http://blog.lib.umn.edu/cspg/electionacademy/2015/03/house_democrats_letter_to_gao.php>
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,voting technology
<http://electionlawblog.org/?cat=40>
“Online voter registration gains momentum in Florida”
<http://electionlawblog.org/?p=70875>
Posted onMarch 10, 2015 7:17 am
<http://electionlawblog.org/?p=70875>byRick Hasen
<http://electionlawblog.org/?author=3>
The /Tampa Bay Times/reports.
<http://www.tampabay.com/news/politics/stateroundup/online-voter-registration-gains-momentum-in-florida/2220332>
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Posted invoter registration <http://electionlawblog.org/?cat=37>,voting
technology <http://electionlawblog.org/?cat=40>
--
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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