[EL] ELB News and Commentary 5/6/15
Rick Hasen
rhasen at law.uci.edu
Wed May 6 08:01:55 PDT 2015
Hadn't seen it (WSJ offerings often do not turn up in my google news
searches). Please send along the link for everyone.
On 5/6/15 7:59 AM, Steve Hoersting wrote:
>
> Hello, Rick,
>
> If you're going to ding McGahn for following the law, at least include
> his piece, of today, in the WSJ ... in the ELB News and Commentary
> offerings.
>
> (And, by the way, ELB News and Commentary happens to be the subject of
> my post; the subject line doesn't need changing)
>
> Best, and good morning,
>
> Steve
>
> On May 6, 2015 10:50 AM, "Rick Hasen" <rhasen at law.uci.edu
> <mailto:rhasen at law.uci.edu>> wrote:
>
>
> “Cash flows in year of SuperPAC 2.0″
> <http://electionlawblog.org/?p=72267>
>
> Posted onMay 6, 2015 7:48 am
> <http://electionlawblog.org/?p=72267>byRick Hasen
> <http://electionlawblog.org/?author=3>
>
> Tarini Parti
> <http://www.politico.com/story/2015/05/cash-flows-in-year-of-superpac-20-117612.html?hp=b1_c1>for
> Politico:
>
> The 2016 presidential race has already become the super PAC
> 2.0 election.
> The election will likely break all outside spending records,
> but it’s the experimental nature of how that money is raised
> and spent that will have a lasting effect on future elections.
>
> From the types of committees created to the timing and number
> of outside money vehicles involved, with billionaire donors
> now watching more closely than ever before, supporters of
> presidential hopefuls have added innovative twists to how they
> raise and spend outside money. They are going one step beyond
> the model supporters of President Barack Obama and Republican
> Mitt Romney used in 2012 – the first presidential election
> that used super PACs.
>
> Share
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72267&title=%E2%80%9CCash%20flows%20in%20year%20of%20SuperPAC%202.0%E2%80%B3&description=>
> Posted incampaign finance <http://electionlawblog.org/?cat=10>
>
>
> “Voter ID Nonsense” <http://electionlawblog.org/?p=72265>
>
> Posted onMay 6, 2015 7:45 am
> <http://electionlawblog.org/?p=72265>byRick Hasen
> <http://electionlawblog.org/?author=3>
>
> Toledo Blade editoria
> <http://www.toledoblade.com/Featured-Editorial-Home/2015/05/06/Voter-ID-nonsense.html>l:
>
> Ohioans face serious threats to the integrity of our
> democracy: income inequality, partisan gerrymandering,
> big-money politics. Voter fraud is not among these threats.
>
> Yet rather than address such pressing concerns, Republicans in
> the state House are again taking up a bill that would require
> Ohioans to present photo identification when they vote. This
> unnecessary measure would do nothing to make elections more
> secure. But it would do much to keep voters, especially poor
> and minority Ohioans, away from the polls.
>
> Share
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72265&title=%E2%80%9CVoter%20ID%20Nonsense%E2%80%9D&description=>
> Posted inelection administration
> <http://electionlawblog.org/?cat=18>,The Voting Wars
> <http://electionlawblog.org/?cat=60>,voter id
> <http://electionlawblog.org/?cat=9>
>
>
> “Williams-Yulee — The Ruling Few Expected . . . & the One Few
> Will Remember” <http://electionlawblog.org/?p=72263>
>
> Posted onMay 6, 2015 7:42 am
> <http://electionlawblog.org/?p=72263>byRick Hasen
> <http://electionlawblog.org/?author=3>
>
> More Ron Collins
> <http://concurringopinions.com/archives/2015/05/fan-59-first-amendment-news-williams-yulee-the-ruling-few-expected-the-one-few-will-remember.html>on
> Williams-Yulee.
>
> Share
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72263&title=%E2%80%9CWilliams-Yulee%20%E2%80%94%20The%20Ruling%20Few%20Expected%20.%20.%20.%20%26%20the%20One%20Few%20Will%20Remember%E2%80%9D&description=>
> Posted injudicial elections
> <http://electionlawblog.org/?cat=19>,Supreme Court
> <http://electionlawblog.org/?cat=29>
>
>
> Neuborne on Williams-Yulee <http://electionlawblog.org/?p=72261>
>
> Posted onMay 6, 2015 7:40 am
> <http://electionlawblog.org/?p=72261>byRick Hasen
> <http://electionlawblog.org/?author=3>
>
> Here
> <http://www.acslaw.org/acsblog/the-limits-of-the-williams-yulee-opinion>at
> ACS.
>
> Share
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72261&title=Neuborne%20on%20Williams-Yulee&description=>
> Posted incampaign finance
> <http://electionlawblog.org/?cat=10>,federal election commission
> <http://electionlawblog.org/?cat=24>
>
>
> Bertrall Ross Reviews Robert Post’s Citizens Divided Book in
> Michigan Law Review <http://electionlawblog.org/?p=72259>
>
> Posted onMay 6, 2015 7:36 am
> <http://electionlawblog.org/?p=72259>byRick Hasen
> <http://electionlawblog.org/?author=3>
>
> Here. <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2598393>
>
> Share
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72259&title=Bertrall%20Ross%20Reviews%20Robert%20Post%E2%80%99s%20Citizens%20Divided%20Book%20in%20Michigan%20Law%20Review&description=>
> Posted incampaign finance
> <http://electionlawblog.org/?cat=10>,Supreme Court
> <http://electionlawblog.org/?cat=29>
>
>
> Is FEC Dysfunction New? <http://electionlawblog.org/?p=72257>
>
> Posted onMay 6, 2015 7:34 am
> <http://electionlawblog.org/?p=72257>byRick Hasen
> <http://electionlawblog.org/?author=3>
>
> NYT reports on record low fines at the FEC.
> <http://www.nytimes.com/2015/05/06/us/politics/fec-says-campaign-fines-hit-record-low-in-2014.html?_r=2>
>
> For those who responded to Eric Lichtblau’s earlier report by
> saying that the FEC was always gridlocked and dysfunctional, it’s
> just not true. It never had great enforcement powers, but there
> was much more cooperation on rulemaking, and much more agreement
> on enforcement matters. (Here’s some evidence fromMichael Franz.
> <http://www.law.uci.edu/lawreview/vol3/no3/franz.pdf>)
>
> In my view, we can trace origins of the new era of dysfunction to
> Don McGahn.
>
> It is an ideological split, in the sense that Republican
> commissioners consistently vote for less regulation and Democrats
> for more, but it is partisan in the sense that Republicans tend to
> believe that deregulation works in their favor and Democrats
> believe it works against them. The two cannot be separated.
>
> Share
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72257&title=Is%20FEC%20Dysfunction%20New%3F&description=>
> Posted incampaign finance
> <http://electionlawblog.org/?cat=10>,federal election commission
> <http://electionlawblog.org/?cat=24>
>
>
> “Denver Shows Off ‘Ballot Delivery’ System to National
> Audience” <http://electionlawblog.org/?p=72255>
>
> Posted onMay 6, 2015 7:22 am
> <http://electionlawblog.org/?p=72255>byRick Hasen
> <http://electionlawblog.org/?author=3>
>
> A
> ChapinBlog<http://blog.lib.umn.edu/cspg/electionacademy/2015/05/denver_shows_off_ballot_delive.php>(with
> great pic).
>
> Share
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72255&title=%E2%80%9CDenver%20Shows%20Off%20%E2%80%98Ballot%20Delivery%E2%80%99%20System%20to%20National%20Audience%E2%80%9D&description=>
> Posted inelection administration <http://electionlawblog.org/?cat=18>
>
>
> “Free Speech For Me, But Not For Thee; Progressives have
> successfully transformed the First Amendment’s restrictions on
> government into an instrument of government speech control.”
> <http://electionlawblog.org/?p=72253>
>
> Posted onMay 6, 2015 7:19 am
> <http://electionlawblog.org/?p=72253>byRick Hasen
> <http://electionlawblog.org/?author=3>
>
> Paul Jossey writes
> <http://thefederalist.com/2015/05/06/free-speech-for-me-but-not-for-thee/>for
> The Federalist.
>
> Share
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72253&title=%E2%80%9CFree%20Speech%20For%20Me%2C%20But%20Not%20For%20Thee%3B%20Progressives%20have%20successfully%20transformed%20the%20First%20Amendment%E2%80%99s%20restrictions%20on%20government%20into%20an%20instrument%20of%20government%20speech%20control.%E2%80%9D&description=>
> Posted incampaign finance
> <http://electionlawblog.org/?cat=10>,Supreme Court
> <http://electionlawblog.org/?cat=29>
>
>
> Mike Huckabee Jokingly Breaks Federal Election Law
> <http://electionlawblog.org/?p=72251>
>
> Posted onMay 5, 2015 7:33 pm
> <http://electionlawblog.org/?p=72251>byRick Hasen
> <http://electionlawblog.org/?author=3>
>
> WSJ
> <http://blogs.wsj.com/washwire/2015/05/05/huckabees-pitch-whether-joke-or-not-at-odds-with-federal-election-law/>:
>
> Mr. Huckabee said his campaign would be funded by “working
> people who will find out that $15 and $25 a month
> contributions can take us from Hope to higher ground,” he
> said, a reference to Hope, Ark., where he was speaking. But,
> he cracked: “Rest assured, if you want to give a million
> dollars, please do it.”
>
> That’s illegal whether he’s asking for his own committee (limited
> to $2,700 per election) or for a Super PAC (which can take
> unlimited donations, but per FEC rule a candidate cannot ask for
> someone to donate more than $5,000 to a Super PAC).
>
> Share
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72251&title=Mike%20Huckabee%20Jokingly%20Breaks%20Federal%20Election%20Law&description=>
> Posted incampaign finance
> <http://electionlawblog.org/?cat=10>,campaigns
> <http://electionlawblog.org/?cat=59>
>
>
> “Register Minority Voters in Georgia, Go to Jail”
> <http://electionlawblog.org/?p=72249>
>
> Posted onMay 5, 2015 3:42 pm
> <http://electionlawblog.org/?p=72249>byRick Hasen
> <http://electionlawblog.org/?author=3>
>
> Spencer Woodman reports
> <http://www.newrepublic.com/article/121715/georgia-secretary-state-hammers-minority-voter-registration-efforts>for
> TNR. It includes this:
>
> Last month, Brian Kemptold the
> <http://www.ajc.com/news/news/state-regional-govt-politics/georgia-elections-official-resigns-over-misidentif/nkmSY/>/Atlanta
> Journal Constitution/that his elections director, Linda Ford,
> was resigning at his request because of a “technical error”
> that caused nearly 8,000 voters to be improperly removed from
> the rolls. “It was an honest mistake by a hard-working person
> and, unfortunately, she has to pay the price,” Kemp said.
>
> In response to questions about Ford’s resignation, Kemp’s
> office provided me with a 60-page report detailing the
> findings an internal investigation into the incident. It found
> the cancellation of the thousands of voters “could be a
> potential violation” of the National Voter Registration Act, a
> federal law meant to help ensure equal access to the ballot
> box. The law requires that a state cannot move voters off the
> rolls within 90 days of an election. Kemp’s office had struck
> thousands of voters, mostly in Georgia’s Richmond County, from
> the rolls six days past this key federal deadline.
>
> Kemp has called the issue
> <http://www.11alive.com/story/news/local/downtown/2015/04/03/elections-director-linda-ford-resigns/25246917/>“very
> serious.” But in public statements, he elided the fact that
> his own office may have violated federal law. Instead, he has
> emphasized that the action was a mistake. The report his
> office released to me states that the matter was discovered
> only after Project Vote, a non-profit group that seeks to
> increase voter participation among low-income and minority
> voters, requested a related records.
>
> Share
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72249&title=%E2%80%9CRegister%20Minority%20Voters%20in%20Georgia%2C%20Go%20to%20Jail%E2%80%9D&description=>
> Posted inelection administration
> <http://electionlawblog.org/?cat=18>,NVRA (motor voter)
> <http://electionlawblog.org/?cat=33>,The Voting Wars
> <http://electionlawblog.org/?cat=60>,voter registration
> <http://electionlawblog.org/?cat=37>
>
> --
> 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 <tel:949.824.3072> - office
> 949.824.0495 <tel:949.824.0495> - fax
> rhasen at law.uci.edu <mailto:rhasen at law.uci.edu>
> http://www.law.uci.edu/faculty/full-time/hasen/
> http://electionlawblog.org
>
>
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--
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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