[EL] CCP Emergency SCOTUS relief/more news

[Schultz, David A.]

FYI and clarification for all:

501 c 3 are barred from engaging in partisan politics but they are not
prevented in toto from engaging in some types of political advocacy or
activity either at the state or federal level.

501 c 3 groups are allowed to do a certain amount of political advocacy or
lobbying so long as these activities are not a substantial part of the
organization.  The nature and amount of these activities are determined by
law or IRS rules and often these groups elect  for the expenditure test
under 501 (h) to address any uncertainty in determining what is a
substantial part.

States may also legitimately impose additional rules on entities seeking to
influence elections or lobby.  Many state require registration as political
organizations or funds, thereby imposing additional disclosure rules.

Those of us who are not naive suspect there are many entities abusing
either their 501 c3 or 501 c 4 shells to further political or partisan
goals.  One of the ironies of those who oppose disclosure  rules is that
there is significant difficultly in determining if abuse if going on unless
there is disclosure.  This is one of the reasons why Buckley endorsed
disclosure.  Additionally, there is another irony in that often the same
groups who oppose public funding for campaigns may be the same ones
misusing their non-profit status to further their political or partisan
goals, and do so with a tax exempt status.  But alas, consistency is the
hobgoblin of small minds.

My comments are not directed at anyone or anybody in particular so I hope
no one takes offense.





On Fri, May 15, 2015 at 9:05 PM, Smith, Brad <BSmith at law.capital.edu> wrote:

>  For the record, CCP is not "a political advocacy group." CCP is a 501 c3
> that does no political advocacy. We'll be seeking a correction.
>
> Bradley Smith
> Sent from my iPhone
>
> On May 15, 2015, at 6:45 PM, "Rick Hasen" <rhasen at law.uci.edu> wrote:
>
>   CCP Seeks Emergency #SCOTUS Relief in CA Donor Disclosure Case
> <http://electionlawblog.org/?p=72513>
>  Posted on May 15, 2015 3:42 pm <http://electionlawblog.org/?p=72513> by Rick
> Hasen <http://electionlawblog.org/?author=3>
>
> Lyle Denniston
> <http://www.scotusblog.com/2015/05/group-seeks-privacy-for-donor-list/>:
>
>  A Virginia-based political advocacy group asked the Supreme Court on
> Friday to bar state officials in California from gaining access to the
> lists of people who donate money or services to it.  The Center for
> Competitive Politics, a vigorous supporter of political free-speech rights
> that does not get involved directly in election campaigns, asked for the
> protection until it can file a formal appeal to the Court on the
> constitutional dispute.
>
> The Center’s plea (application 14A1179), along with the ruling by the U.S.
> Court of Appeals for the Ninth Circuit and other Circuit Court orders, can
> be read here
> <http://sblog.s3.amazonaws.com/wp-content/uploads/2015/05/14A1179-Center-application.pdf>.
> It was filed with Justice Anthony M. Kennedy, who handles emergency matters
> from that geographic region.  He can act on his own or share the issue with
> his colleagues.The identity of those who give money to the Center is
> provided in a document (Form 990) that it must file with the Internal
> Revenue Service to qualify for tax-exempt status — under tax code 501(c)(3)
> — as an educational organization.
>
> Ordinarily, that document remains confidential with IRS — a requirement
> imposed by federal law.  However, a growing number of state attorneys
> general — including California’s — have been demanding access to
> organizations’ copies of that document in full form, contending that they
> need the financial data as they enforce state laws regulating groups that
> raise money within the state as charities.
>
>  <share_save_171_16.png>
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72513&title=CCP%20Seeks%20Emergency%20%23SCOTUS%20Relief%20in%20CA%20Donor%20Disclosure%20Case&description=>
>   Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme
> Court <http://electionlawblog.org/?cat=29>
>  “Lawmaker’s push to expand L.A. County board could add a Latino
> supervisor” <http://electionlawblog.org/?p=72510>
>  Posted on May 15, 2015 1:55 pm <http://electionlawblog.org/?p=72510> by Rick
> Hasen <http://electionlawblog.org/?author=3>
>
> LAT reports.
> <http://www.latimes.com/local/lanow/la-me-ln-county-supervisor-seats-20150514-story.html>
>  <share_save_171_16.png>
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72510&title=%E2%80%9CLawmaker%E2%80%99s%20push%20to%20expand%20L.A.%20County%20board%20could%20add%20a%20Latino%20supervisor%E2%80%9D&description=>
>   Posted in voting <http://electionlawblog.org/?cat=31>
>  “Exclusive: Wal-Mart improves lobbying disclosure after shareholder push”
> <http://electionlawblog.org/?p=72508>
>  Posted on May 15, 2015 12:46 pm <http://electionlawblog.org/?p=72508> by Rick
> Hasen <http://electionlawblog.org/?author=3>
>
> Reuters reports.
> <http://mobile.reuters.com/article/idUSKBN0NY0AH20150513?irpc=932>
>  <share_save_171_16.png>
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72508&title=%E2%80%9CExclusive%3A%20Wal-Mart%20improves%20lobbying%20disclosure%20after%20shareholder%20push%E2%80%9D&description=>
>   Posted in campaign finance <http://electionlawblog.org/?cat=10>
>  “Denying a Dream: Charlotte voters snared in N.C. crackdown on alleged
> non-citizens” <http://electionlawblog.org/?p=72506>
>  Posted on May 15, 2015 12:28 pm <http://electionlawblog.org/?p=72506> by Rick
> Hasen <http://electionlawblog.org/?author=3>
>
> Important read
> <http://www.southernstudies.org/2015/05/denying-a-dream-charlotte-voters-snared-in-nc-crac.html>over
> at Facing South.
>  <share_save_171_16.png>
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72506&title=%E2%80%9CDenying%20a%20Dream%3A%20Charlotte%20voters%20snared%20in%20N.C.%20crackdown%20on%20alleged%20non-citizens%E2%80%9D&description=>
>   Posted in election administration <http://electionlawblog.org/?cat=18>, The
> Voting Wars <http://electionlawblog.org/?cat=60>
>  “Cash is not king: Jeb Bush’s Super PAC problem”
> <http://electionlawblog.org/?p=72504>
>  Posted on May 15, 2015 12:25 pm <http://electionlawblog.org/?p=72504> by Rick
> Hasen <http://electionlawblog.org/?author=3>
>
> Anthony Gaughan has written this piece
> <https://theconversation.com/cash-is-not-king-jeb-bushs-super-pac-problem-41009>
>  for The Conversation:
>
>  Thus, while Jeb Bush’s fund-raising numbers sound impressive by previous
> standards, his campaign war chest doesn’t scare anyone today. No candidate
> will monopolize Republican fund-raising in 2016. The flood of money
> unleashed by Citizens United means there is plenty to go around for
> everyone, including candidates openly hostile to the GOP establishment.
>
> If Jeb Bush is to win the nomination, he’s going to have to do it by
> winning over rank-and-file Republican voters. The days when the party
> establishment could use its fund-raising powers to control the nomination
> process are long gone.
>
>  <share_save_171_16.png>
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72504&title=%E2%80%9CCash%20is%20not%20king%3A%20Jeb%20Bush%E2%80%99s%20Super%20PAC%20problem%E2%80%9D&description=>
>   Posted in campaign finance <http://electionlawblog.org/?cat=10>,
> campaigns <http://electionlawblog.org/?cat=59>
>  “Who Makes Voting Convenient? Explaining the Adoption of Early and
> No-Excuse Absentee Voting in the American States”
> <http://electionlawblog.org/?p=72502>
>  Posted on May 15, 2015 12:22 pm <http://electionlawblog.org/?p=72502> by Rick
> Hasen <http://electionlawblog.org/?author=3>
>
> Daniel Biggers and Michael Hanmer have written this article
> <http://spa.sagepub.com/content/15/2/192.abstract> for *State Politics &
> Policy Quarterly*.  Here is the abstract:
>
>  Recent elections have witnessed substantial debate regarding the degree
> to which state governments facilitate access to the polls. Despite this
> newfound interest, however, many of the major reforms aimed at increasing
> voting convenience (i.e., early voting and no-excuse absentee voting) were
> implemented over the past four decades. Although numerous studies examine
> their consequences (on turnout, the composition of the electorate, and/or
> electoral outcomes), we know significantly less about the factors leading
> to the initial adoption of these policies. We attempt to provide insights
> into such motivations using event history analysis to identify the impact
> of political and demographic considerations, as well as diffusion
> mechanisms, on which states opted for easier ballot access. We find that
> adoption responded to some factors signaling the necessity of greater
> voting convenience in the state, and that partisanship influenced the
> enactment of early voting but not no-excuse absentee voting procedures.
>
>  <share_save_171_16.png>
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72502&title=%E2%80%9CWho%20Makes%20Voting%20Convenient%3F%20Explaining%20the%20Adoption%20of%20Early%20and%20No-Excuse%20Absentee%20Voting%20in%20the%20American%20States%E2%80%9D&description=>
>   Posted in election administration <http://electionlawblog.org/?cat=18>
>  “Election Laws and Agenda Setting: How Election Law Restrictiveness
> Shapes the Complexity of State Ballot Measures”
> <http://electionlawblog.org/?p=72500>
>  Posted on May 15, 2015 12:20 pm <http://electionlawblog.org/?p=72500> by Rick
> Hasen <http://electionlawblog.org/?author=3>
>
> Kerri Milita has written this article
> <http://spa.sagepub.com/content/15/2/119.abstract> for State Politics and
> Policy Quarterly. Here is the abstract:
>
>  Recently, many U.S. states that allow citizen initiatives have passed
> laws designed to make it more difficult for an initiative to qualify for
> the ballot (e.g., by increasing the number of signatures required to get on
> the ballot), thereby making it harder for citizens to bypass the
> legislature and make direct changes to public policy. Such laws have
> reduced both the number of measures that make the ballot and the number
> that pass on Election Day. I show that laws governing access of initiatives
> to the ballot also shape the policy agenda; provisions making it harder for
> proposals to get on the ballot decrease the complexity of the initiatives
> on the ballot. As less complex initiatives are more likely to be understood
> by voters and voters are reluctant to vote for measures they do not
> understand, more restrictive laws actually increase the likelihood that an
> initiative will pass.
>
>
>  <share_save_171_16.png>
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72500&title=%E2%80%9CElection%20Laws%20and%20Agenda%20Setting%3A%20How%20Election%20Law%20Restrictiveness%20Shapes%20the%20Complexity%20of%20State%20Ballot%20Measures%E2%80%9D&description=>
>   Posted in ballot access <http://electionlawblog.org/?cat=46>, direct
> democracy <http://electionlawblog.org/?cat=62>
>  “Democrats Play Hardball on Voting Laws Ahead of 2016″
> <http://electionlawblog.org/?p=72497>
>  Posted on May 15, 2015 10:26 am <http://electionlawblog.org/?p=72497> by Rick
> Hasen <http://electionlawblog.org/?author=3>
>
> TIME: <http://time.com/3858135/early-voting-ohio/>
>
>  The current legal challenge in Ohio is an early glimpse into some of the
> Democratic-led fights that will unfold over the next 18 months before the
> general election, as attorneys begin to aggressively challenge restrictive
> voting laws enacted and implemented predominantly by Republicans.
>
> “You’re going to see an increase in the number of lawsuits challenging
> restrictive voting laws because there is a concerted effort by some on the
> right to make it harder to vote,” Elias, Clinton’s campaign lawyer who
> filed the case, told TIME. “You will see more lawsuits because there are
> more bad laws.”
>
>
>  <share_save_171_16.png>
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72497&title=%E2%80%9CDemocrats%20Play%20Hardball%20on%20Voting%20Laws%20Ahead%20of%202016%E2%80%B3&description=>
>   Posted in election administration <http://electionlawblog.org/?cat=18>, The
> Voting Wars <http://electionlawblog.org/?cat=60>
>  “Alphabetically Ordered Ballots and the Composition of American
> Legislatures” <http://electionlawblog.org/?p=72495>
>  Posted on May 15, 2015 8:09 am <http://electionlawblog.org/?p=72495> by Rick
> Hasen <http://electionlawblog.org/?author=3>
>
> Barry Edwards has written this article
> <http://spa.sagepub.com/content/15/2/171.abstract> for the State Politics
> and Policy Quarterly. Here is the abstract:
>
>  Although research demonstrates that favorable ballot position can deliver
> candidates a small windfall of votes in local, nonpartisan, and primary
> elections, it is not clear whether ballot order laws have had any impact on
> the composition of U.S. legislatures. In this article, I estimate the
> substantive significance of ballot order rules by comparing the legislators
> of states that alphabetically order ballots to those elected by states that
> randomize or rotate ballot order. I also compare legislators elected by
> states that started or stopped alphabetically ordering ballots in recent
> decades. I find that states that alphabetically order ballots
> disproportionately elect candidates with early alphabet surnames. My
> research challenges the prevailing belief that ballot order affects only
> minor elections and suggests that seemingly innocuous rules have altered
> our political landscape. I conclude that arbitrary ballot ordering rules
> should be reformed to remedy their substantial impact on political
> representation.
>
>  <share_save_171_16.png>
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72495&title=%E2%80%9CAlphabetically%20Ordered%20Ballots%20and%20the%20Composition%20of%20American%20Legislatures%E2%80%9D&description=>
>   Posted in campaign finance <http://electionlawblog.org/?cat=10>, election
> administration <http://electionlawblog.org/?cat=18>
>  “Voting Rights for Whom? Examining the Effects of the Voting Rights Act
> on Latino Political Incorporation” <http://electionlawblog.org/?p=72493>
>  Posted on May 15, 2015 8:06 am <http://electionlawblog.org/?p=72493> by Rick
> Hasen <http://electionlawblog.org/?author=3>
>
> Melissa Marschall and Amanda Rutherford have written this article
> <http://onlinelibrary.wiley.com/doi/10.1111/ajps.12182/abstract;jsessionid=BED281F96B0A6D734131B7B2C9B8F66E.f03t03?systemMessage=Wiley+Online+Library+will+be+disrupted+on+16th+May+from+12%3A00-14%3A00+BST+%2807%3A00-09%3A00+EDT%29+for+up+to+two+hours+for+essential+maintenance.++Apologies+for+the+inconvenience.#.VVYKRasdld8.email>
>  for AJPS.  Here is the abstract:
>
>  This study applies insights from principal-agent models to examine
> whether and how the language assistance provisions of the Voting Rights
> Act, Sections 203 and 4(f)(4), affect Latino representation. Using panel
> data from 1984–2012, we estimate two-stage models that consider the
> likelihood and extent of Latino board representation for a sample of 1,661
> school districts. In addition, we examine how policy design as well as
> federal oversight and enforcement shape implementation and compliance with
> the language assistance provisions. Our findings not only provide the first
> systemic evidence that the language assistance provisions have a direct
> effect on Latino representation, but also link the efficacy of the language
> assistance provisions to the duration and consistency of coverage and the
> presence of federal elections observers. Overall, our study underscores the
> continued need for federal government involvement in protecting the voting
> rights of underrepresented groups, in this case, language minority citizens.
>
>  <share_save_171_16.png>
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72493&title=%E2%80%9CVoting%20Rights%20for%20Whom%3F%20Examining%20the%20Effects%20of%20the%20Voting%20Rights%20Act%20on%20Latino%20Political%20Incorporation%E2%80%9D&description=>
>   Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>
>  Big News: Florida to Have Online Voter Registration
> <http://electionlawblog.org/?p=72491>
>  Posted on May 15, 2015 7:59 am <http://electionlawblog.org/?p=72491> by Rick
> Hasen <http://electionlawblog.org/?author=3>
>
> Here is the letter
> <http://www.flgov.com/wp-content/uploads/2015/05/Transmittal-Letter-5.15.15-SB-228.pdf>
>  from Gov. Scott.
>
> Though the bill had bipartisan support, it had been opposed by Scott SOS
> appointee Detzner.
>
> This is the sort of commonsense reform that should not be mired in
> partisan politics. But alas….
>  <share_save_171_16.png>
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72491&title=Big%20News%3A%20Florida%20to%20Have%20Online%20Voter%20Registration&description=>
>   Posted in election administration <http://electionlawblog.org/?cat=18>, The
> Voting Wars <http://electionlawblog.org/?cat=60>, voting technology
> <http://electionlawblog.org/?cat=40>
>  “Mississippi election of new Member of Congress with Louisiana form of
> Top Two makes case for ranked choice voting”
> <http://electionlawblog.org/?p=72489>
>  Posted on May 15, 2015 7:58 am <http://electionlawblog.org/?p=72489> by Rick
> Hasen <http://electionlawblog.org/?author=3>
>
> Rob Richie.
> <http://www.fairvoteblog.com/2015/05/mississippi-election-of-new-member-of.html>
>  <share_save_171_16.png>
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72489&title=%E2%80%9CMississippi%20election%20of%20new%20Member%20of%20Congress%20with%20Louisiana%20form%20of%20Top%20Two%20makes%20case%20for%20ranked%20choice%20voting%E2%80%9D&description=>
>   Posted in Uncategorized <http://electionlawblog.org/?cat=1>
>  “Hillary Rodham Clinton Ups the Super PAC Ante”
> <http://electionlawblog.org/?p=72487>
>  Posted on May 15, 2015 7:48 am <http://electionlawblog.org/?p=72487> by Rick
> Hasen <http://electionlawblog.org/?author=3>
>
> NYT’s Taking Note ed blog item.
> <http://takingnote.blogs.nytimes.com/2015/05/14/hillary-rodham-clinton-ups-the-super-pac-ante/?_r=0>
>  <share_save_171_16.png>
> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72487&title=%E2%80%9CHillary%20Rodham%20Clinton%20Ups%20the%20Super%20PAC%20Ante%E2%80%9D&description=>
>   Posted in campaign finance <http://electionlawblog.org/?cat=10>, Supreme
> Court <http://electionlawblog.org/?cat=29>
>
> --
> Rick Hasen
> Chancellor's Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
> Irvine, CA 92697-8000949.824.3072 - office949.824.0495 - faxrhasen at law.uci.eduhttp://www.law.uci.edu/faculty/full-time/hasen/http://electionlawblog.org
>
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>
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>



-- 
David Schultz, Professor
Editor, Journal of Public Affairs Education (JPAE)
Hamline University
Department of Political Science
1536 Hewitt Ave
MS B 1805
St. Paul, Minnesota 55104
651.523.2858 (voice)
651.523.3170 (fax)
http://davidschultz.efoliomn.com/
http://works.bepress.com/david_schultz/
http://schultzstake.blogspot.com/
Twitter:  @ProfDSchultz
My latest book:  Election Law and Democratic Theory, Ashgate Publishing
http://www.ashgate.com/isbn/9780754675433
FacultyRow SuperProfessor, 2012, 2013, 2014
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