[EL] CCP emergency injunction denied by J. Kennedy/more news

Mon May 18 15:59:46 PDT 2015

    Breaking: #SCOTUS Denies CCP Emergency Application on Donor
    Disclosure, With Chance to Renew Later
    <http://electionlawblog.org/?p=72572>

Posted onMay 18, 2015 3:46 pm 
<http://electionlawblog.org/?p=72572>byRick Hasen 
<http://electionlawblog.org/?author=3>

Rather than asking for a response from the state of California, Justice 
Kennedy (Circuit Justice for the 9th Circuit) has denied without 
prejudice CCP’semergency application for a stay 
<http://sblog.s3.amazonaws.com/wp-content/uploads/2015/05/14A1179-Center-application.pdf>. 
The order is not yet online, butSCOTUSBlog reports 
<http://www.scotusblog.com/2015/05/no-protection-yet-for-groups-donor-privacy/>that 
Justice Kennedy allowed for the order to be renewed “in light of further 
developments.”

The case involves a requirement that 501c3’s like the Center for 
Competitive Politics provide unredacted copies of their IRS 990 forms to 
the State of California.  The 990s list all of the Center’s 
donors—information which is not released publicly. California does not 
want these documents for public disclosure, but for California’s law 
enforcement purposes.

Why would Justice Kennedy proceed this way, rather than order a response 
from CCP and then rule on the merits, either alone or with the entire Court?

One possibility is because the 9th Circuit has alreadystayed the mandate 
<http://electionlawblog.org/wp-content/uploads/Pages-from-14A1179-Center-application.pdf>in 
this case, although it declined to issue an injunction pending appeal. 
  (See RuleFRAP 41 and the Circuit comments 
<http://cdn.ca9.uscourts.gov/datastore/uploads/rules/rules.htm>.) With 
the mandate stayed, the State of California is unlikely to try to act 
until the Supreme Court rules on a cert. petition – – and if it does, 
asLyle Denniston notes 
<http://www.scotusblog.com/2015/05/no-protection-yet-for-groups-donor-privacy/>, 
Justice Kennedy has kept the door open to CCP.

According to the circuit comments to FRAP 41, the fact that the 9th 
Circuit stayed the mandate means that the court has determined CCP has a 
non-frivolous argument to be made to the Supreme Court.

[This post has been updated.]

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme 
Court <http://electionlawblog.org/?cat=29>

    “Three Pennsylvania Ballot Access Rules Declared Unconstitutional as
    Applied to Green and Libertarian Parties”
    <http://electionlawblog.org/?p=72570>

Posted onMay 18, 2015 3:01 pm 
<http://electionlawblog.org/?p=72570>byRick Hasen 
<http://electionlawblog.org/?author=3>

BAN reports. 
<http://ballot-access.org/2015/05/18/three-pennsylvania-ballot-access-rules-declared-unconstitutional-as-applied-to-green-and-libertarian-parties/>

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Posted inballot access <http://electionlawblog.org/?cat=46>,third 
parties <http://electionlawblog.org/?cat=47>

    “Clinton Friend’s Libya Role Blurs Lines of Politics and Business”
    <http://electionlawblog.org/?p=72568>

Posted onMay 18, 2015 1:23 pm 
<http://electionlawblog.org/?p=72568>byRick Hasen 
<http://electionlawblog.org/?author=3>

NYT 
<http://www.nytimes.com/2015/05/19/us/politics/clinton-friends-libya-role-blurs-lines-of-politics-and-business.html>:

    Mr. Gowdy’s chief interest, according to people briefed on the
    inquiry, is a series of memos that Mr. Blumenthal — who was not an
    employee of the State Department — wrote to Mrs. Clinton about
    events unfolding in Libya before and after the death of Col. Muammar
    el-Qaddafi. According to emails obtained by The New York Times, Mrs.
    Clinton, who was secretary of state at the time, took Mr.
    Blumenthal’s advice seriously, forwarding his memos to senior
    diplomatic officials in Libya and Washington and at times asking
    them to respond. Mrs. Clinton continued to pass around his memos
    even after other senior diplomats concluded that Mr. Blumenthal’s
    assessments were often unreliable.

    But an examination by The New York Times suggests that Mr.
    Blumenthal’s involvement was more wide-ranging and more complicated
    than previously known, embodying the blurry lines between business,
    politics and philanthropy that have enriched and vexed the Clintons
    and their inner circle for years.

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Posted incampaigns <http://electionlawblog.org/?cat=59>

    “Cheap And Fast, Online Voter Registration Catches On”
    <http://electionlawblog.org/?p=72566>

Posted onMay 18, 2015 1:07 pm 
<http://electionlawblog.org/?p=72566>byRick Hasen 
<http://electionlawblog.org/?author=3>

Pam Fessler 
reports<http://www.npr.org/sections/itsallpolitics/2015/05/18/407724279/cheap-and-fast-online-voter-registration-catches-on?utm_source=twitter.com&utm_campaign=politics&utm_medium=social&utm_term=nprnews>for 
NPR.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>

    “‘Gyrocopter’ Pilot Honored with Commemorative Stamp: Postal
    Worker’s Flight Against Big Money in Politics Celebrated”
    <http://electionlawblog.org/?p=72563>

Posted onMay 18, 2015 11:42 am 
<http://electionlawblog.org/?p=72563>byRick Hasen 
<http://electionlawblog.org/?author=3>

Better to laugh or cry atthis parody 
<http://oversight.house-gov.us/release/Farenthold-issues-statement-doug-hughes-commemorative-stamp.html#>?

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Posted inelection law "humor" <http://electionlawblog.org/?cat=52>

    “Active Firms and Active Shareholders: Corporate Political Activity
    and Shareholder Proposals” <http://electionlawblog.org/?p=72561>

Posted onMay 18, 2015 10:02 am 
<http://electionlawblog.org/?p=72561>byRick Hasen 
<http://electionlawblog.org/?author=3>

Geeyoung Min and Hye Young You have postedthis draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2601181>on SSRN. 
  Here is the abstractL

    Corporate political activity has become one of shareholders’ top
    concerns. We examine whether firms targeted by shareholder proposals
    show different campaign contributions and lobbying activities
    compared to non-targeted firms. We also ask whether different
    sponsors of shareholder proposals target different firms depending
    on the firms’ partisan orientation. Using data on S&P 500 companies
    during the period between 2007 and 2013, we find that firms that
    spend more on campaign contributions and lobbying are more likely to
    be targeted by shareholder proposals. After controlling for firms’
    financial performance, governance characteristics and ownership
    structure, we also find that public pension funds and labor unions
    sponsors are more likely to target Republican-leaning firms,
    measured by the firms’ campaign contributions. This finding suggests
    that increasing corporate political activity can intensify a tension
    between management and public pension fund and labor union
    shareholders and lead to more activism by these shareholders.

(h/tProf. Bainbridge 
<http://www.professorbainbridge.com/professorbainbridgecom/2015/05/evidence-for-political-targeting-of-republicans-by-shareholder-activists.html>)

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Posted incampaign finance <http://electionlawblog.org/?cat=10>

    “Racism Is Destroying the Right to Vote”
    <http://electionlawblog.org/?p=72559>

Posted onMay 18, 2015 9:40 am 
<http://electionlawblog.org/?p=72559>byRick Hasen 
<http://electionlawblog.org/?author=3>

Sean McElwee 
<http://www.demos.org/blog/5/18/15/racism-destroying-right-vote>at Demos:

    https://lh5.googleusercontent.com/R8sMoBCMlGHkAwO0w3owSjzS4nZzRod_zgFUdeVMh870OTkrtd5IUPjGBDcniS6PFDmOKchenPcx3u7u6DSxgjgljjFuz3Xq6APO5_r4al0iWOBLTqTOElHfaYvrXGK78KeCldc

    As the chart shows, the relationship between racial stereotyping and
    ease of access is strong. Although other variables certainly play a
    role, the R-squared value suggests about a quarter of a system’s
    ease of access can be explained by racial animus. This builds upon
    previous analysis. It suggests that while racial animus might not
    immediately predict the passage of a law, over time it can change
    the structure of a state’s voting system.

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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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