[EL] ELB News and Commentary 11/6/15
Rick Hasen
rhasen at law.uci.edu
Fri Nov 6 07:07:31 PST 2015
“Legislators Could Upend Finance Laws in Wisconsin”
<http://electionlawblog.org/?p=77362>
Posted onNovember 6, 2015 7:01 am
<http://electionlawblog.org/?p=77362>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT reports.
<http://www.nytimes.com/2015/11/06/us/legislators-could-upend-finance-laws-in-wisconsin.html?ref=politics&_r=0>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
Lithwick @Slate on Getting Democratic Presidential Candidates to
Discuss #SCOTUS <http://electionlawblog.org/?p=77360>
Posted onNovember 6, 2015 6:55 am
<http://electionlawblog.org/?p=77360>byRick Hasen
<http://electionlawblog.org/?author=3>
Dahlia Lithwick
<http://www.slate.com/articles/news_and_politics/jurisprudence/2015/11/what_rachel_maddow_should_ask_at_the_democratic_candidates_forum.html>:
But if the Democratic candidates have been largely silent on the
issue of the Supreme Court, the moderators should not be. The
composition of the high court will be one of the single most
important issues in the 2016 election, and, asIan Millhiser argues
<http://thinkprogress.org/justice/2015/10/19/3713681/if-democrats-ever-want-to-pass-a-law-again-they-need-to-control-the-supreme-court/>,
the impact of future appointments will be not just on specific areas
of policy and doctrine, but also on rules about partisan
gerrymandering, vote suppression, and the very systems by which we
govern ourselves. The Democratic Party itself could be in peril.
On a long list of substantive issues, a single change to the
composition of the court could upend everything. AsRichard Hasen put
it in September
<http://talkingpointsmemo.com/cafe/supreme-court-greatest-civil-rights-cause>:
What happens when Kennedy and the other older Justices leave,
potentially shifting the balance of power? Under a more
conservative Supreme Court, abortion could become all but
impossible to obtain, at least in red states. More reasonable
gun control laws could fall to Second Amendment challenges, and
the Environmental Protection Agency’s power to protect our air
and water further diminished. The Court could allow the wealthy
to give $1 million contributions or more directly to candidates.
It could declare unconstitutional more affirmative action plans
and voting rights protections. Congress’s power to combat
climate change could be undermined, unions deprived of power,
and consumer protections further gutted.
Yet liberals don’t seem to spend too much energy fretting about the
court, despite the fact that Justices Anthony Kennedy and Antonin
Scalia will turn 80 next year. Ruth Bader Ginsburg is 82, and
Stephen Breyer is 77. You can play out the scenarios in all sorts of
ways (President Rubio replaces Ginsburg, President Clinton replaces
Scalia, President Scooby Doo replaces Kennedy), and it’s possible
that the winner of the 2016 election may seat three or four
justices. That will likely change the future of this country for
decades.
So whether or not we/want/to hear the potential nominees talk about
it, the fact is that we need to hear them talk about it. There is
sufficient distance between Clinton and Sanders on gun control,
campaign finance, criminal law, the separation of church and state,
and other issues that it warrants parsing their views on what a
justice should do. And it leads me to ponder what kinds of questions
Rachel Maddow should ask of the candidates this week and what kinds
of questions we should be pressing the candidates on as the campaign
unfolds.
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>
Ackerman and Ayres on Vouchers and Seattle
<http://electionlawblog.org/?p=77358>
Posted onNovember 6, 2015 6:48 am
<http://electionlawblog.org/?p=77358>byRick Hasen
<http://electionlawblog.org/?author=3>
Here, in WaPo.
<https://www.washingtonpost.com/opinions/democracy-dollars-can-give-every-voter-a-real-voice-in-american-politics/2015/11/05/48100ae8-8345-11e5-a7ca-6ab6ec20f839_story.html>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“APPRECIATION: Mindy Moretti’s 10 Years At Electionline.Org”
<http://electionlawblog.org/?p=77356>
Posted onNovember 6, 2015 6:46 am
<http://electionlawblog.org/?p=77356>byRick Hasen
<http://electionlawblog.org/?author=3>
Doug Chapin
<http://editions.lib.umn.edu/electionacademy/2015/11/06/appreciation-mindy-morettis-10-years-at-electionline-org/>:
For many of you in the election world, opening up your browser and
checking outelectionline.org <http://electionline.org/> is probably
a daily habit. Starting the site in 2001 is still a career highlight
for me, and I’m proud to be associated with it even today.
But if I’m being honest, the person who really deserves the credit
for electionline’s continued success is someone who is celebrating
10 years on the project this week: my friend and colleague Mindy
Moretti.
Seconded. Congratulations Mindy!
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,election law biz
<http://electionlawblog.org/?cat=51>
“FEC Eyes Petition on Corporate Contributions”
<http://electionlawblog.org/?p=77354>
Posted onNovember 6, 2015 6:43 am
<http://electionlawblog.org/?p=77354>byRick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg BNA
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=78800827&vname=mpebulallissues&jd=a0h5c3c5u0&split=0>:
A petition for tougher Federal Election Commission rules restricting
government contractors’ contributions to super political action
committees is set to be considered by the FEC at a commission
meeting set for Nov. 10, but the petition’s sponsor doesn’t expect
the FEC commissioners to muster a majority vote to act on it.
“I hope they go ahead” to advance a notice of proposed rulemaking,
Craig Holman, a lobbyist for the nonprofit Public Citizen who
requested a new FEC rulemaking effort, told Bloomberg BNA in a phone
interview. “But, I wouldn’t expect it.”
Court decisions and FEC rulings have allowed super PACs influencing
federal elections to receive corporate contributions, though
reported contributions from large, public companies like Chevron
remain rare. Despite this general rule, the FEC has indicated that a
long-standing ban on federal campaign money from corporations that
are government contractors remains in effect and applies to super
PAC contributions.
Many big companies do at least some business with the government and
could be affected by tough campaign finance rules affecting
contractors. However, the ban on contractor campaign money has been
interpreted so narrowly by the FEC that it is ineffective, according
to Holman and other critics.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
“Has the GOP’s great super PAC experiment failed?”
<http://electionlawblog.org/?p=77352>
Posted onNovember 6, 2015 6:41 am
<http://electionlawblog.org/?p=77352>byRick Hasen
<http://electionlawblog.org/?author=3>
Chuck Todd and Mark Murrayfor NBC
<http://www.msnbc.com/msnbc/has-the-gops-great-super-pac-experiment-failed>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Why the Media Hates Super PACs” <http://electionlawblog.org/?p=77350>
Posted onNovember 6, 2015 6:39 am
<http://electionlawblog.org/?p=77350>byRick Hasen
<http://electionlawblog.org/?author=3>
Brad Smith
<http://www.nationalreview.com/article/426652/campaign-finance-super-pacs>in
the National Review:
But imagine a world without these so-called “outside” voices — so
denounced by big media — spending money on politics: What messages
would voters hear? Who would control the information needed for
Americans to form political opinions? The media, of course! In fact,
the complaining from media outlets about super PACs and the court
decisions that enabled their existence is little more than a turf
war over who gets to talk to voters, influence positions on issues,
and tug at the levers of power in Washington. The fact that Super
PACs are scorned as “outside spending” is telling. Outside of what?
Super PACs are citizens speaking directly to other citizens; what
they’re outside of is the traditional media/political power
structure. It used to be that the New York Times and other big media
had a near-stranglehold on political influence. In the age of super
PACs, that is no longer so.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
More Oral Argument Observations in Shapiro v. McManus Case
<http://electionlawblog.org/?p=77348>
Posted onNovember 5, 2015 6:12 pm
<http://electionlawblog.org/?p=77348>byRick Hasen
<http://electionlawblog.org/?author=3>
Jeremy Farris of Common Cause.
<http://www.commoncause.org/democracy-wire/shapiro-v-mcmanus.html>
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>
“Yakima elects first Latina city council members after Voting Rights
case” <http://electionlawblog.org/?p=77346>
Posted onNovember 5, 2015 6:09 pm
<http://electionlawblog.org/?p=77346>byRick Hasen
<http://electionlawblog.org/?author=3>
News from Washington State.
<http://www.seattleglobalist.com/2015/11/04/yakima-elects-first-latina-city-council-members-after-voting-rights-case/43367>
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“The Deregulatory Moment? A Comparative Perspective on Changing
Campaign Finance Laws” <http://electionlawblog.org/?p=77344>
Posted onNovember 5, 2015 12:55 pm
<http://electionlawblog.org/?p=77344>byRick Hasen
<http://electionlawblog.org/?author=3>
Robert Boatright editsthis new book
<https://www.press.umich.edu/8083157/deregulatory_moment>from Michigan
Press:
For those who assume that increased regulation of political spending
is inevitable in democratic nations, recent developments in U.S.
campaign finance law appear puzzling. Is deregulation, exemplified
by the U.S. Supreme Court’s decision in Citizens United v. FEC, a
harbinger of things to come elsewhere or further evidence that the
United States remains an anomaly?
In this volume, experts on the United States, Canada, Great Britain,
Australia, Germany, Sweden, France, and several other European
nations explore what deregulation means in the context of political
campaigns and demonstrate how such comparisons can inform the study
of campaign finance in the U.S. Whereas the contributors do not
settle on any single theory of change in campaign finance law or any
single perspective on the relationship between changes seen in the
U.S. and those in other nations over the past decade, they do concur
that the U.S. is rapidly retreating from the types of regulations
that defined campaign finance law in most democratic nations during
the latter decades of the twentieth century. By tracing and
analyzing the recent history of regulation, the contributors shed
light on many pressing topics, including the relationship between
public opinion and campaign finance law, the role of scandals in
inspiring reform, and the changing incentives of political parties,
interest groups, and the courts.
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Posted incampaign finance
<http://electionlawblog.org/?cat=10>,comparative election law
<http://electionlawblog.org/?cat=107>
“Election Day 2015 had a little bit of everything; Glitches, snafus,
rats, successful pilots and unsuccessful pilots”
<http://electionlawblog.org/?p=77342>
Posted onNovember 5, 2015 10:17 am
<http://electionlawblog.org/?p=77342>byRick Hasen
<http://electionlawblog.org/?author=3>
That’s the lead story
<http://www.electionline.org/index.php/electionline-weekly>in this
week’s Electionline Weekly.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Congressional Energy Chairs Form Fundraising Committee, Rake In
Oil, Gas Cash As They Push Bills For Fossil Fuel Industry”
<http://electionlawblog.org/?p=77340>
Posted onNovember 5, 2015 10:16 am
<http://electionlawblog.org/?p=77340>byRick Hasen
<http://electionlawblog.org/?author=3>
IBT reports.
<http://www.ibtimes.com/congressional-energy-chairs-form-fundraising-committee-rake-oil-gas-cash-they-push-2170149>
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<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77340&title=%26%238220%3BCongressional%20Energy%20Chairs%20Form%20Fundraising%20Committee%2C%20Rake%20In%20Oil%2C%20Gas%20Cash%20As%20They%20Push%20Bills%20For%20Fossil%20Fuel%20Industry%26%238221%3B&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>,conflict
of interest laws <http://electionlawblog.org/?cat=20>
“Texas: 5th Circuit rules that churches can start recalls and form
super PACs to launch recalls” <http://electionlawblog.org/?p=77338>
Posted onNovember 5, 2015 10:15 am
<http://electionlawblog.org/?p=77338>byRick Hasen
<http://electionlawblog.org/?author=3>
Recall Elections Blog
<http://recallelections.blogspot.com/2015/11/texas-5th-circuit-rules-that-churches.html>:
The5th Circuit Court of Appeals
<http://www.mysanantonio.com/news/politics/texas_legislature/article/5th-Circuit-Texas-churches-can-engage-in-recall-6607884.php>ruled
that churches
<http://www.ca5.uscourts.gov/opinions/unpub/14/14-20630.0.pdf>and
other nonprofits are allowed to lead an effort to recall an official
and form a super PAC (where they would pool their money, but not
coordinate with any candidate). The decision seems to have rejected
the2012 state appellate
<http://recallelections.blogspot.com/2012/02/texas-thoughts-on-el-paso-decision-and.html> court
ruling that tossed out an attempt by congregants to recall the mayor
and city council of El Paso.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,recall
elections <http://electionlawblog.org/?cat=11>,tax law and election law
<http://electionlawblog.org/?cat=22>
“Will State Courts Fill a Void on Voting Rights?”
<http://electionlawblog.org/?p=77336>
Posted onNovember 5, 2015 10:13 am
<http://electionlawblog.org/?p=77336>byRick Hasen
<http://electionlawblog.org/?author=3>
Josh Douglas writes
<http://www.theatlantic.com/politics/archive/2015/11/will-state-courts-fill-a-void-on-voter-rights/413932/>for
The Atlantic.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
Quote of the Day: WI Shame Edition <http://electionlawblog.org/?p=77334>
Posted onNovember 5, 2015 10:12 am
<http://electionlawblog.org/?p=77334>byRick Hasen
<http://electionlawblog.org/?author=3>
“In my 20 years at Common Cause … it is the most abusive and
disrespectful process I’ve ever witnessed…It’s almost like: ‘Too bad,
public. Too bad, media. We’ve got the votes.'”‘
–Jay Heck, director of the group Common Cause in Wisconsin, in Senate
GOP tight-lipped as campaign finance, GAB bills near Friday
extraordinary session
<http://host.madison.com/wsj/news/local/govt-and-politics/senate-gop-tight-lipped-as-campaign-finance-gab-bills-near/article_692b2f4a-a81c-5d91-82d9-41730b358eb5.html>
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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>
“Just How Much Gerrymandering Is Unconstitutional? Wisconsin
Plaintiffs Want the Supreme Court to Rule”
<http://electionlawblog.org/?p=77332>
Posted onNovember 5, 2015 8:29 am
<http://electionlawblog.org/?p=77332>byRick Hasen
<http://electionlawblog.org/?author=3>
National Journal reports.
<http://www.nationaljournal.com/s/92066/just-how-much-gerrymandering-is-unconstitutional-wisconsin-plaintiffs-want-supreme-court-rule>
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>
“PAC Money Sways New Jersey Elections”
<http://electionlawblog.org/?p=77330>
Posted onNovember 5, 2015 8:25 am
<http://electionlawblog.org/?p=77330>byRick Hasen
<http://electionlawblog.org/?author=3>
WSJ:
<http://www.wsj.com/articles/pac-money-sways-new-jersey-elections-1446690126>
New Jersey Democrats will start 2016 with the largest majority in
the state Assembly in 36 years, after they exceeded expectations in
local elections Tuesday, picking up three seats and potentially a
fourth.
But one of the biggest winners wasn’t on the ballot: General
Majority PAC. The super PAC and other independent-expenditure groups
supporting Democratic Assembly candidates in New Jersey helped tip
the balance in at least two districts by pouring millions of dollars
into attack ads.
“We are very encouraged by the results,” said Edward Richardson,
executive director of the New Jersey Education Association, a
teachers union.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
--
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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