[EL] more news 5/1/15
Rick Hasen
rhasen at law.uci.edu
Fri May 1 15:16:01 PDT 2015
Unanimous 9th Circuit Panel Rejects CCP Challenge to CA Disclosure
Laws <http://electionlawblog.org/?p=72185>
Posted onMay 1, 2015 3:14 pm <http://electionlawblog.org/?p=72185>byRick
Hasen <http://electionlawblog.org/?author=3>
Center for Competitive Politics v Harris
<http://cdn.ca9.uscourts.gov/datastore/opinions/2015/05/01/14-15978.pdf>:
In order to solicit tax deductible contributions in California, a
non-profit corporation or other organization must be registered with
the state’s Registry of Charitable Trusts. Cal. Gov. Code § 12585.
To maintain its registered status, an entity must file an annual
report with the California Attorney General’s Office, and must
include IRS Form 990 Schedule B. The Internal Revenue Service (IRS)
requires non-profit educational or charitable organizations
registered under 24 U.S.C. § 501(c)(3) to disclose the names and
contributions of their “significant donors” (donors who have
contributed more than $5,000 in a single year) on Form 990 Schedule
B. The Center for Competitive Politics (CCP), a non-profit
educational organization under § 501(c)(3), brings this lawsuit
under 42 U.S.C. § 1983, seeking to enjoin the Attorney General from
requiring it to file an unredacted Form 990 Schedule B. CCP argues
that disclosure of its major donors’ names violates the right of
free association guaranteed to CCP and its supporters by the First
Amendment. CCP appeals the district court’s denial of CCP’s motion
for a preliminary injunction to prevent the Attorney General from
enforcing the disclosure requirement. We have jurisdiction under 28
U.S.C. § 1292(a)(1), and we affirm.
MORE
<http://www.latimes.com/local/lanow/la-me-ln-charity-court-20150501-story.html>from
the LA Times.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Working Together for an Independent Expenditure: Candidate
Assistance with Super PAC Fundraising”
<http://electionlawblog.org/?p=72183>
Posted onMay 1, 2015 2:58 pm <http://electionlawblog.org/?p=72183>byRick
Hasen <http://electionlawblog.org/?author=3>
Harvard Law Review
<http://harvardlawreview.org/2015/03/working-together-for-an-independent-expenditure/>student
note.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“It’s About Time (Place and Manner): Why and How Congress Must Act
To Protect Access to Early Voting” <http://electionlawblog.org/?p=72181>
Posted onMay 1, 2015 2:57 pm <http://electionlawblog.org/?p=72181>byRick
Hasen <http://electionlawblog.org/?author=3>
Harvard Law Review student note.
<http://harvardlawreview.org/2015/02/its-about-time-place-and-manner-why-and-how-congress-must-act-to-protect-access-to-early-voting/>
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,Supreme Court
<http://electionlawblog.org/?cat=29>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“John Roberts Basically Thinks It’s OK When Politicians Just Do What
Wealthy Donors Say” <http://electionlawblog.org/?p=72179>
Posted onMay 1, 2015 2:43 pm <http://electionlawblog.org/?p=72179>byRick
Hasen <http://electionlawblog.org/?author=3>
Paul Blumentha
<http://www.huffingtonpost.com/2015/05/01/john-roberts-campaign-finance_n_7191728.html?1430516033>l
for HuffPo.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,judicial
elections <http://electionlawblog.org/?cat=19>,Supreme Court
<http://electionlawblog.org/?cat=29>
Hillary Clinton Apparently Following Jeb Bush Super PAC Outsourcing
Model <http://electionlawblog.org/?p=72177>
Posted onMay 1, 2015 2:40 pm <http://electionlawblog.org/?p=72177>byRick
Hasen <http://electionlawblog.org/?author=3>
WaPo
<http://www.washingtonpost.com/blogs/post-politics/wp/2015/05/01/guy-cecil-in-talks-to-join-pro-clinton-super-pac-reducing-jim-messinas-role/?postshare=7091430515191682>:
The shake-up is being driven by concerns among Clinton advisers that
the group needs to be led by a close ally who has been embedded in
the former secretary of state’s political world and will be able to
anticipate the needs of the campaign.
While super PACs are not allowed to coordinate strategy with
candidates, the independent big-money groups are increasingly
functioning asextensions of the official campaign operations
<http://apps.washingtonpost.com/g/page/politics/the-2016-presidential-contenders-and-their-big-money-backers/1677/>.
Former Florida governor Jeb Bush has devoted the last several months
to raising tens of millions for his super PAC, Right to Rise, which
isexpected
<http://www.washingtonpost.com/blogs/post-politics/wp/2015/03/17/top-republican-strategists-in-talks-to-join-jeb-bushs-super-pac/>to
be run by Mike Murphy, one of his top political advisers.
“When you look at what Jeb Bush is doing, everybody knew super PACs
were going to be important, but that took it to a whole new level,”
said the person familiar with the Priorities discussions.
This is abad development.
<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>
“SCOTUS chief justice is worried about eroding public faith in
judges” <http://electionlawblog.org/?p=72175>
Posted onMay 1, 2015 12:55 pm
<http://electionlawblog.org/?p=72175>byRick Hasen
<http://electionlawblog.org/?author=3>
Alison Frankel
<http://blogs.reuters.com/alison-frankel/2015/05/01/scotus-chief-justice-is-worried-about-eroding-public-faith-in-judges/>on
Williams-Yulee.
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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>
“How Google Could Give 2016 Hopefuls an Edge”
<http://electionlawblog.org/?p=72173>
Posted onMay 1, 2015 11:36 am
<http://electionlawblog.org/?p=72173>byRick Hasen
<http://electionlawblog.org/?author=3>
WSJ Wash Wire
<http://blogs.wsj.com/washwire/2015/05/01/how-google-could-give-2016-hopefuls-an-edge/>:
The Walker campaign was so aggressive in 2014 that Google
highlighted its efforts in a just-released case study
<http://online.wsj.com/public/resources/documents/GoogleScott_WalkerCaseStudy05012015.pdf>about
the midterm campaigns.
Among the findings: Mr. Walker’s re-election team raised more money
from ads pegged to Google searches than it spent to buy space above
those search results, an unusually high return-on-investment for
political campaigns; his team also worked with the company to reach
more than 5 million targeted voters in key ZIP codes through YouTube
ads in the weeks leading up to Election Day.
This emphasis on web advertising and social media could give the
most organized candidates a slight edge heading into the 2016 White
House race because voters are tougher than ever to target through
the use of traditional television ads. As viewing habits change,
more and more Americans are turning to Netflix or set-top boxes that
allow them to record their favorite television shows and skip
through the commercials. Some people are ditching their TVs entirely
in favor of the Internet.
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“GOP Prosecutor Defends Scott Walker Criminal Probe, Says ‘Let’s Get
the Truth Out'” <http://electionlawblog.org/?p=72170>
Posted onMay 1, 2015 10:03 am
<http://electionlawblog.org/?p=72170>byRick Hasen
<http://electionlawblog.org/?author=3>
An important
corrective<http://www.prwatch.org/news/2015/04/12816/scott-walker-GOP-prosecutor-john-doe>to some
of the hysteria about the John Doe Wisconsin case:
Two career prosecutors–one a Republican, one a Democrat–just called
Scott Walker a liar, and not a single national newspaper took notice.
The comments came after Walker, an unannounced candidate for
president, used an appearance on an Iowa radio show topublicly
attack
<http://www.jsonline.com/news/statepolitics/in-iowa-scott-walker-raps-john-doe-connected-raids-on-supporters-b99488324z1-301309161.html>a
bipartisan criminal investigation into his campaign as a “political
witch hunt” with the aim of “trying to intimidate people.”
The Special Prosecutor leading the probe, Francis Schmitz–a
Republican who voted for Walker in 2012–fired back
<http://www.jsonline.com/blogs/news/301438661.html>, stating, “these
recent allegations are patently false.”
“His description of the investigation as a ‘political witch hunt’ is
offensive when he knows that the investigation was authorized by a
bipartisan group of judges and is directed by a Republican Special
Prosecutor appointed at the request of a bipartisan group of
district attorneys,” Schmitz said.
Milwaukee District Attorney John Chisholm, a Democrat whose office
initiated the probe, added that, “Stripped of niceties, Mr. Schmitz
is saying the governor is deliberately not telling the truth.”
Then, the prosecutors threw down the gauntlet.
Schmitz called upon the Governor “to join me in seeking judicial
approval” to release sealed documents “which would be responsive to
the allegations that have been made.” Chisholm agreed: “the truth is
always a defense, so let’s get the truth out in a legal manner, not
through lies, distortions and misrepresentations.”
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery
<http://electionlawblog.org/?cat=12>
“Help Baltimore by Restoring Voting Rights to Ex-Felons”
<http://electionlawblog.org/?p=72168>
Posted onMay 1, 2015 10:01 am
<http://electionlawblog.org/?p=72168>byRick Hasen
<http://electionlawblog.org/?author=3>
Ari Berman writes.
<http://www.thenation.com/blog/205849/help-baltimore-restoring-voting-rights-ex-felons>
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Posted infelon voting <http://electionlawblog.org/?cat=66>
Further Consideration of WI John Doe Case at #SCOTUS Postponed to
Later Date <http://electionlawblog.org/?p=72166>
Posted onMay 1, 2015 9:56 am <http://electionlawblog.org/?p=72166>byRick
Hasen <http://electionlawblog.org/?author=3>
John Elwood notes <http://www.scotusblog.com/2015/05/relist-watch-61/>:
Finally – or should we say “fine-uh-leee!
<http://spotlight.studentlife.com.cy/wp-content/uploads/2015/02/mercy.jpg>,”
we have/O’Keefe v. Chisholm/
<http://www.scotusblog.com/case-files/cases/okeefe-v-chisholm/>,14-872
<http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/14-872.htm>,
which will not be considered at the May 1 Conference because it
has/already/been rescheduled a second time. The petitioners are
supporters of Wisconsin Governor and GOP presidential primary
leading light/future also-ran (we at Relist Watch always strive for
balance)Scott
<https://s-media-cache-ak0.pinimg.com/236x/0f/50/1f/0f501fb55e21bf28d768a76ccc8165a6.jpg>Walker
<http://i.imgur.com/8nwJfbE.jpg>. They claimed that as part of an
investigation into Governor Walker, they were targeted for abuse and
intimidation by the Milwaukee District Attorney. They sought
injunctive and monetary relief under Section 1983 against the
district attorney, claiming that the investigation was in
retaliation for their exercise of First Amendment rights. The
district court found that/Younger/abstention was improper and denied
the district attorney’s claim of qualified immunity. The Seventh
Circuit reversed, holding that the Anti-Injunction Act barred the
claims while a state court proceeding was ongoing and that the
district attorney was entitled to qualified immunity. The petition
asks (1) “whether considerations of ‘equity, comity, and federalism’
insufficient to support abstention can override/Mitchum [v. Foster]/
<https://supreme.justia.com/cases/federal/us/407/225/>’s holding
that 42 U.S.C. § 1983 is an ‘expressly authorized’ statutory
exception to the Anti-Injunction Act;” and (2) whether “government
officials may be held liable for subjecting citizens to
investigation in retaliation for First Amendment-protected speech
and association, particularly where non-retaliatory grounds are
insufficient to support the investigation.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery
<http://electionlawblog.org/?cat=12>
“Can Bernie Sanders Duck Super PACs?”
<http://electionlawblog.org/?p=72164>
Posted onMay 1, 2015 9:49 am <http://electionlawblog.org/?p=72164>byRick
Hasen <http://electionlawblog.org/?author=3>
Bloomberg reports.
<http://www.bloomberg.com/politics/articles/2015-05-01/can-bernie-sanders-duck-super-pacs-?cmpid=BBD050115>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
Horwitz and Kerr on the Future of Law Professor Blogging
<http://electionlawblog.org/?p=72162>
Posted onMay 1, 2015 9:42 am <http://electionlawblog.org/?p=72162>byRick
Hasen <http://electionlawblog.org/?author=3>
There’s been a very interesting discussion at Prawfblawg about the
future of law professor blogging. Paul Horwitzoffers important thoughts
here<http://prawfsblawg.blogs.com/prawfsblawg/2015/05/will-legal-blogs-survive-or-die-out-.html#more>stemming
from a conversation we recently had. If you put that together withOrin
Kerr’s insightful post
<http://prawfsblawg.blogs.com/prawfsblawg/2015/04/legal-academic-blogging-and-the-influencecredit-distinction.html>on
legal blogging and “influence versus credit,” I think that pretty much
summarizes where I am on all of this.
Bruce Cain once asked me if I had an exit strategy when I was tired of
blogging. I didn’t then and I still don’t. But I’ll come up with one if
and when the time comes.
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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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