[EL] ELB News and Commentary 11/4/15

Rick Hasen rhasen at law.uci.edu
Wed Nov 4 07:07:47 PST 2015


    “Some Supreme Doubts on Super-PACs”
    <http://electionlawblog.org/?p=77276>

Posted onNovember 4, 2015 7:05 am 
<http://electionlawblog.org/?p=77276>byRick Hasen 
<http://electionlawblog.org/?author=3>

Frank Wilkinson 
<http://www.bloombergview.com/articles/2015-11-04/super-pacs-spoil-justice-kennedy-s-fantasy>for 
Bloomberg View:

    Supreme Court Justice Anthony Kennedy having second thoughts about
    the campaign finance system he helped to create? The author of
    Citizens United v. FECdefended
    <http://electionlawblog.org/?p=77126>his handiwork before an
    audience of Harvard Law School students last week. But his
    confidence seemed shaken.

    “In my own view, what happens with money in politics is not good,”
    he said.

    It’s hard to imagine what part of the system Kennedy believes is
    working. It takes a lot of money to organize political campaigns and
    communicate with tens of millions of voters. And the supply side of
    campaign finance has simplyoverwhelmed
    <http://www.politico.com/story/2015/07/koch-brothers-wealthy-donors-gop-2016-freedom-partners-seminar-california-120663>the
    enforcement side.

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


    “Checks and Balance: Let the Sun Shine, Conservatives!”
    <http://electionlawblog.org/?p=77274>

Posted onNovember 4, 2015 7:04 am 
<http://electionlawblog.org/?p=77274>byRick Hasen 
<http://electionlawblog.org/?author=3>

Eliza Newlin Carneybehind the CQ paywall 
<https://library.cqpress.com/cqweekly/>(butsoon to be free 
<https://twitter.com/ElizaRules/status/661214713162932224>! yay!):

    In theory, a recent report that finds American companies are taking
    steps to shed more light on their political spending should score a
    conservative home run.

    That’s because the stepped-up disclosures described in the report,
    released last month by the watchdog group the Center for Political
    Accountability, are entirely voluntary. Conservatives typically
    champion self-regulation as preferable to government regulation. And
    the Fortune 500 companies ramping up their disclosures — from
    Prudential to JP Morgan Chase, Exelon and General Mills — are
    mainstream corporate leaders often allied with the GOP.

    But last month’s report, released in tandem with the Zicklin Center
    for Business Ethics at the University of Pennsylvania’s Wharton
    School, drew instant fire from the Center for Competitive Politics,
    which promotes political deregulation. The CPA-Zicklin Index “is a
    deceptive tool used to sell more and more companies on the idea of
    corporate ‘transparency’ with the partisan goal of removing these
    voices from the public policy debate altogether,” declared a center
    blog post.

    Bradley Smith, who heads the center and chaired the Federal Election
    Commission in the George W. Bush administration, says the report
    falsely asserts that corporate political activity poses reputational
    and ethical risks. He assails what he calls the report’s “illiberal
    purposes of attempting to silence political speech through
    intimidation and harassment.”

    But corporate executives say political disclosure is simply good
    business practice. Some are responding to shareholders who have
    petitioned to draw back the curtain on political activities. Others
    describe political transparency as part of a broader culture of
    corporate accountability that helps their companies’ bottom lines.

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


    “Attorney: Arizona voting maps don’t hurt GOP”
    <http://electionlawblog.org/?p=77272>

Posted onNovember 4, 2015 6:50 am 
<http://electionlawblog.org/?p=77272>byRick Hasen 
<http://electionlawblog.org/?author=3>

Arizona Daily Star 
<http://tucson.com/news/local/govt-and-politics/elections/attorney-arizona-voting-maps-don-t-hurt-gop/article_c5b2181f-ee80-597b-acbc-7c6b3584e88f.html>:

    A Republican claim of bias in the legislative redistricting process
    does not stand up under scrutiny, according to an attorney for the
    Independent Redistricting Commission.

    In legal briefs filed at the U.S. Supreme Court, Mary O’Grady points
    out that challengers to the maps drawn by the five-member commission
    claim it purposely created unequal districts for partisan purposes.
    They charge that the panel “packed” Republicans into some districts
    in a deliberate effort to give Democrats an edge.

    O’Grady said that was not the primary purpose, a conclusion backed
    by the majority of a three-judge panel in a ruling last year. She
    said the real aim was to protect minority voting strength as
    required by the federal Voting Rights Act.

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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court 
<http://electionlawblog.org/?cat=29>,Voting Rights Act 
<http://electionlawblog.org/?cat=15>


    “Maine, Seattle Voters Pass Money-In-Politics Reforms to Empower
    Everyday People” <http://electionlawblog.org/?p=77270>

Posted onNovember 3, 2015 9:29 pm 
<http://electionlawblog.org/?p=77270>byRick Hasen 
<http://electionlawblog.org/?author=3>

Adam Smith writes 
<http://everyvoice.org/press-release/maine-seattle-voters-pass-money-politics-reforms-empower-everyday-peopl>for 
Every Voice.

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


    “Seattle liking ‘democracy vouchers’; An initiative to make Seattle
    the first place in the country to try taxpayer-funded ‘democracy
    vouchers’ is leading.” <http://electionlawblog.org/?p=77268>

Posted onNovember 3, 2015 8:45 pm 
<http://electionlawblog.org/?p=77268>byRick Hasen 
<http://electionlawblog.org/?author=3>

Winning by 20 points. 
<http://www.seattletimes.com/seattle-news/politics/democracy-vouchers/>Wow.

I’ve been advocating campaign finance vouchers for20 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1961263>years 
<http://www.amazon.com/Plutocrats-United-Campaign-Distortion-Elections/dp/0300212453/ref=la_B0089NJCR2_1_7?s=books&ie=UTF8&qid=1430416698&sr=1-7>.

It will be exciting to watch this in practice.

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Posted incampaign finance 
<http://electionlawblog.org/?cat=10>,Plutocrats United 
<http://electionlawblog.org/?cat=104>


    “Voters approve issue to reform Ohio’s redistricting process”
    <http://electionlawblog.org/?p=77266>

Posted onNovember 3, 2015 8:03 pm 
<http://electionlawblog.org/?p=77266>byRick Hasen 
<http://electionlawblog.org/?author=3>

Columbus Dispatch 
<http://www.dispatch.com/content/stories/public/2015/election/ohio-state-issue-1-redistricting.html>:

    Voters overwhelmingly backed a plan to reform Ohio’s hyper-partisan
    process for drawing legislative districts, and supporters are
    already looking ahead to passing the same reforms for congressional
    districts next year. …The current five-member redistricting panel,
    which includes the governor, secretary of state, auditor and two
    legislative appointees, will be expanded to seven members with two
    additional legislative selections.

    If at least two minority party members vote to approve the new maps,
    they take effect for 10 years. If not, then the maps must be redrawn
    again in four years.

    Supporters say the issue also creates clearer rules for drawing
    districts that will limit gerrymandering and give the Ohio Supreme
    court clearer guidance if a map is challenged. It also says the
    panel “shall attempt to draw” a map that does not primarily favor a
    political party, and corresponds closely to the statewide
    preferences of voters.

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Posted inredistricting <http://electionlawblog.org/?cat=6>


    “Dems win all 3 open seats on Pennsylvania Supreme Court, lock in
    majority for a decade” <http://electionlawblog.org/?p=77264>

Posted onNovember 3, 2015 7:59 pm 
<http://electionlawblog.org/?p=77264>byRick Hasen 
<http://electionlawblog.org/?author=3>

AP 
<http://www.tribtown.com/view/story/ff7fea2c34334d8e856ed42a992092a7/PA--Judicial-Races>: 
“Democrats have won all three open seats on Pennsylvania’s Supreme 
Court. The victory secures them a majority on the high court for at 
least a decade, after a campaign that drew a record $11.5 million in 
contributions.”

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,judicial 
elections <http://electionlawblog.org/?cat=19>


    “Mainers bolster clean election law”
    <http://electionlawblog.org/?p=77262>

Posted onNovember 3, 2015 7:55 pm 
<http://electionlawblog.org/?p=77262>byRick Hasen 
<http://electionlawblog.org/?author=3>

AP 
<http://www.wgme.com/news/features/top-stories/stories/mainers-bolster-clean-election-law-29833.shtml#.VjmBo67nugQ>:

    Mainers have approved changes aimed at bolstering the state’s
    campaign finance rules and clean election law.

    The proposal will make more money available to qualifying
    candidates, increase fines for violators of the campaign finance
    laws and require groups to disclose some donors on political ads,
    the group has said.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>


    “Judge: State can’t force political parties to hold open primaries”
    <http://electionlawblog.org/?p=77260>

Posted onNovember 3, 2015 6:45 pm 
<http://electionlawblog.org/?p=77260>byRick Hasen 
<http://electionlawblog.org/?author=3>

News from Utah. 
<http://www.ksl.com/index.php?sid=37220905&nid=757&title=judge-state-cant-force-political-parties-to-hold-open-primaries&s_cid=queue-3>

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Posted inpolitical parties 
<http://electionlawblog.org/?cat=25>,primaries 
<http://electionlawblog.org/?cat=32>


    WI: “Senate GOP reaches deal on campaign finance, elections
    oversight” <http://electionlawblog.org/?p=77258>

Posted onNovember 3, 2015 6:20 pm 
<http://electionlawblog.org/?p=77258>byRick Hasen 
<http://electionlawblog.org/?author=3>

Milwaukee Journal-Sentinel 
<http://www.jsonline.com/news/statepolitics/senate-gop-reaches-deal-on-campaign-finance-elections-oversight-b99609416z1-340002181.html>:

    Making an apparent breakthrough, Republicans in the state Senate
    plan to modify legislation Friday that would overhaul campaign
    finance laws and the agency that runs elections.

    That sets the stage for the measures to get to GOP Gov. Scott Walker
    by next week.

    One Republican lawmaker who has been briefed on the changes said one
    would require a new ethics commission to include two former judges.

    Myranda Tanck, a spokeswoman for Senate Majority Leader Scott
    Fitzgerald (R-Juneau), on Tuesday announced the plans to meet
    Friday, but declined to say what changes to the legislation could be
    in store. She said details may not be available until Thursday, a
    day before the Senate is to vote.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,election 
administration <http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>


    Shelby County Case Could Be Heading Back to SCOTUS
    <http://electionlawblog.org/?p=77254>

Posted onNovember 3, 2015 6:17 pm 
<http://electionlawblog.org/?p=77254>byRick Hasen 
<http://electionlawblog.org/?author=3>

On attorneys fees issue. Read thecert. petition 
<http://electionlawblog.org/wp-content/uploads/shelby-lynch.pdf>. Here 
is my earlier coverage from theChutzpah Dept 
<http://electionlawblog.org/?p=75763>.

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Posted inSupreme Court <http://electionlawblog.org/?cat=29>,Voting 
Rights Act <http://electionlawblog.org/?cat=15>


    “Kris Kobach dismisses criticism over appearance discussing
    immigration policy” <http://electionlawblog.org/?p=77252>

Posted onNovember 3, 2015 5:04 pm 
<http://electionlawblog.org/?p=77252>byRick Hasen 
<http://electionlawblog.org/?author=3>

Bryan Lowry: 
<http://www.kansas.com/news/politics-government/prairie-politics/article42738360.html>

    Secretary of State Kris Kobach brushed off any controversy
    surrounding his appearance at an immigration policy conference last
    month.

    Kobach attended the annual Writers Workshop held by the Social
    Contract Press in Washington, D.C., on Oct. 25. The group is
    considered a hate group by the Southern Poverty Law Center, which
    criticized Kobach’s presence at the eventin a post
    <https://www.splcenter.org/hatewatch/2015/11/02/what%E2%80%99s-matter-kansas%E2%80%99-kris-kobach>.

    In a phone call Tuesday afternoon, Kobach described the Social
    Contract Press as “a think tank for pro-enforcement immigration
    policies.” He said he discussed President Obama’s recent executive
    order on immigration, which halted millions of deportations, and the
    lawsuit brought against the Obama administration by agents for U.S.
    Immigration and Customs Enforcement, for which he is an attorney.

    Kobach’s attendance was highlighted by national news websites,
    includingSalon
    <http://www.salon.com/2015/11/03/kris_kobach_just_got_busted_leader_of_gops_voter_suppression_crusade_spoke_before_white_nationalist_group/>andTalking
    Points
    Memo,<http://talkingpointsmemo.com/livewire/kris-kobach-social-contract-press>after
    the Southern Poverty Law Center and other groups raised concerns.

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Posted inchicanery <http://electionlawblog.org/?cat=12>

-- 
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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