[EL] CCP v. Harris
Rick Hasen
rhasen at law.uci.edu
Mon Nov 9 13:07:02 PST 2015
I'd also look at what the trial court did in Doe v. Reed and Protect
Marriage, as described in my "Chill Out" piece.
On 11/9/2015 12:58 PM, Bill Maurer wrote:
>
> Thanks, Richard, I’ve read that case numerous times. It seems to prove
> my point that the standard is actually applicable only after the
> harassment has already occurred.
>
> I would also note that, in practice, the application of the case has
> been that only the Socialist Workers Party has been able to
> demonstrate harassment. They are a pristine example of something that
> is truly sui generis.
>
> Bill
>
> *From:*Richard Winger [mailto:richardwinger at yahoo.com]
> *Sent:* Monday, November 09, 2015 12:49 PM
> *To:* Bill Maurer; Edward Still; Allen Dickerson
> *Cc:* law-election at uci.edu
> *Subject:* Re: [EL] CCP v. Harris
>
> read Brown v Socialist Workers '74 Campaign Committee, 459 US 87.
>
> Richard Winger 415-922-9779 PO Box 470296, San Francisco Ca 94147
>
> ------------------------------------------------------------------------
>
> *From:*Bill Maurer <wmaurer at ij.org <mailto:wmaurer at ij.org>>
> *To:* Edward Still <still at votelaw.com <mailto:still at votelaw.com>>;
> Allen Dickerson <adickerson at campaignfreedom.org
> <mailto:adickerson at campaignfreedom.org>>
> *Cc:* "law-election at uci.edu <mailto:law-election at uci.edu>"
> <law-election at uci.edu <mailto:law-election at uci.edu>>
> *Sent:* Monday, November 9, 2015 12:33 PM
> *Subject:* Re: [EL] CCP v. Harris
>
> Rick’s commented that “There is no constitutional impediment to
> [disclosure], except as to those groups which can demonstrate a
> realistic threat of harassment.”
>
> I’ve never seen a discussion of what exactly a plaintiff would have to
> do to demonstrate a realistic threat of harassment. Wouldn’t evidence
> of a realistic threat be evidence of actual harassment (for instance,
> I don’t see those doing the harassing sending out a pre-harassment
> notice that they will be engaging in future harassment, although I
> suppose someone could do that)? And what about new groups with new
> issues? How are they supposed to demonstrate the realistic threat?
>
> In other words, I don’t see the “harassment” standard as protecting
> much of anything going forward—it is entirely backward looking and,
> for that reason, utterly useless as a protection against harassment in
> the first instance.
>
> That is exactly the point Brad made about the inadvertent disclosure
> analysis of the Ninth Circuit. The court essentially said, you can’t
> get protection from inadvertent disclosure until the information has
> been inadvertently disclosed. At which point, it doesn’t matter.
>
> And what’s the standard for harassment? Is it violence or coercion,
> because I’ve heard a number of commentators (including Justice Scalia)
> suggest that anything short of that is the price of being involved in
> politics? Be we already have laws against violence or coercion. So,
> are laws against assault supposed to be the things that demark the
> outer edge of how far the government can go in collecting information
> about those who decide to exercise their fundamental rights?
>
> Isn’t the real standard that anyone who participates in political
> activity in this country should be aware that by doing so they are
> opening themselves up to governmental scrutiny in perpetuity with no
> realistic protection against misuse of the information the government
> has collected?
>
> Of course, a legitimate response to this is “We don’t care if people
> are harassed or their information misused.” But, why not say that?
>
> Bill
>
> *From:*law-election-bounces at department-lists.uci.edu
> <mailto:law-election-bounces at department-lists.uci.edu>
> [mailto:law-election-bounces at department-lists.uci.edu] *On Behalf Of
> *Edward Still
> *Sent:* Monday, November 09, 2015 9:04 AM
> *To:* Allen Dickerson
> *Cc:* law-election at uci.edu <mailto:law-election at uci.edu>
> *Subject:* Re: [EL] CCP v. Harris
>
> The Questions Presented were:
>
> QUESTIONS PRESENTED
>
> 1. Whether a state official’s demand for all significant donors to a
> nonprofit organization, as a precondition to engaging in
> constitutionally-protected speech, constitutes a First Amendment injury.
>
> 2. Whether the “exacting scrutiny” standard applied in compelled
> disclosure cases permits state officials to demand donor information
> based upon generalized “law enforcement” interests, without making any
> specific showing of need.
>
> The cert petition is at http://electionlawblog.org/?p=74940.
>
>
> Edward Still
> Edward Still Law Firm LLC
>
> 429 Green Springs Hwy, STE 161-304
>
> Birmingham AL 35209
> 205-320-2882
> still at votelaw.com <mailto:still at votelaw.com>
> www.votelaw.com/blog <http://www.votelaw.com/blog>
> www.edwardstill.com <http://www.edwardstill.com/>
> www.linkedin.com/in/edwardstill <http://www.linkedin.com/edwardstill>
>
> On Mon, Nov 9, 2015 at 10:48 AM, Allen Dickerson
> <adickerson at campaignfreedom.org
> <mailto:adickerson at campaignfreedom.org>> wrote:
>
> The point was to protect CCP's donors from scrutiny and potential
> leaks, inadvertent or otherwise, by a state AG who believed she was
> entitled to their identities without making any showing of need
> whatsoever. The case did not address the public informational interest
> behind campaign finance disclosure, which we couldn't do in any case
> because that wasn't the state's stated interest. Campaign finance
> simply wasn't involved.
>
> (Steve: the stated governmental interest was greater efficiency in
> exercising the AG's law enforcement duties).
>
>
> On Nov 9, 2015, at 11:34 AM, Rick Hasen <rhasen at law.uci.edu
> <mailto:rhasen at law.uci.edu>> wrote:
>
> I think this case had the potential to undermine campaign
> disclosure rules if successful, and I think that was the point.
> And yes, I absolutely would have written the same comment if it
> were the Brennan Center or the ACLU suing the Texas AG.
> Rick
>
> On 11/9/2015 8:08 AM, Allen Dickerson wrote:
>
> Rick,
>
> Your post seriously misinterprets CCP v. Harris, a case that
> has nothing to do with political activity or campaign finance.
> California's registration policy applies only to 501(c)(3)
> organizations. And CCP, like all 501(c)(3) groups, is
> prohibited from engaging in political activity. The
> informational interest undergirding campaign finance
> disclosure simply isn't implicated here.
>
> A thought experiment: would you have written the same comment
> if the Brennan Center or ACLU had sued the Texas AG on the
> same claim?
>
> I recognize the ever-present danger of seeing campaign finance
> issues everywhere when that's one's area of expertise. But our
> case is a very poor fit for your political disclosure narrative.
>
> Best,
>
> Allen
>
>
> On Nov 9, 2015, at 10:48 AM, Rick Hasen <rhasen at law.uci.edu
> <mailto:rhasen at law.uci.edu>> wrote:
>
>
> “Democracy for GrownUps”
> <http://electionlawblog.org/?p=77408>
>
> Posted on November 9, 2015 7:46 am
> <http://electionlawblog.org/?p=77408> by *Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> I have written this review
> <http://newramblerreview.com/book-reviews/law/democracy-for-grownups> of
> Bruce Cain’s Democracy More or Less
> <http://www.amazon.com/Democracy-More-Less-Political-Cambridge/dp/1107612268> for
> the New Rambler Review. <http://newramblerreview.com/> It
> begins:
>
> /Modern American democracy is often messy,
> increasingly polarized, sometimes stupefying, and
> surprisingly decentralized. Our Congress functions (or
> doesn’t) mainly along party lines under rules set in a
> Constitution more than 200 years old which does not
> recognize political parties, and indeed was designed
> to stifle their emergence. Divided government in times
> of polarized parties has undermined accountability as
> each side can blame the other for policy failures, and
> we lurch from one potential government shutdown to
> another thanks in part to polarization and in part to
> internal fighting within the Republican Party. Much
> power devolves to the state and local level, where we
> often see one-party rule rather than the partisan
> stalemate of Congress./
>
> /State one-partyism extends even to the rules for
> conducting elections, where a majority of states use
> partisan election officials to set the rules of the
> game and to carry out our elections, and where state
> legislatures draw their own legislative districts only
> mildly constrained by Supreme Court one-person,
> one-vote requirements. Our campaign finance system is
> careening toward deregulation, with a series of
> Supreme Court decisions and partially enforceable
> congressional measures leading to the creation of
> political organizations, some of which can shield
> their donors’ identities, allowing the wealthiest of
> Americans to translate their vast economic power into
> political power. Money spent to influence elections is
> complemented by money spent to influence public policy
> through lobbying, creating a system in which those
> with great wealth and organizational ability have a
> much better chance of having their preferences enacted
> in law and having their preferred candidates elected,
> than average Americans have./
>
> /It is no wonder that the reform impulse in American
> politics is strong. States with the initiative process
> have experimented with top-two primaries in which the
> top two vote getters, regardless of party, go to a
> runoff, and redistricting reform featuring either
> citizen commissions or substantive limits on
> legislative self-dealing. The National Popular Vote
> movement seeks an end run around the antiquated rules
> of the Electoral College, which violate modern
> accepted principles of one-person, one-vote by giving
> small states outsized power relative to their
> populations./
>
> /Reformers push a constitutional amendment to overturn
> the Supreme Court’s decision in Citizens United and
> other cases which hamstring the government’s ability
> to control money in politics. Good government groups
> regularly clamor for redistricting reform (often
> joined by the political party on the losing side of
> redistricting in each state), expansion of voting
> rights for former felons and others, and the end of
> corruption and patronage. Some even call for
> constitutional conventions with citizen participants
> chosen by lottery./
>
> /But as Bruce Cain argues in his terrific new book,
> the never-ending efforts at reform present tradeoffs,
> and attempts to achieve either pure majoritarianism or
> government meritocracy can have unintended and
> unwanted consequences. Further, many reform efforts
> are oversold as a cure for all that ails American
> democracy. Cain argues for a Goldilocks-like pluralist
> reform agenda which recognizes that busy citizens lack
> interest in governing and capacity to make complex
> decisions. Instead, politics is conducted through
> intermediaries across the range of local, state, and
> national governing arenas. Pluralism “prioritizes
> aggregation, consensus, and fluid coalitions as a
> means of good democratic governance.” (p. 11)/
>
> <share_save_171_16.png>
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77408&title=%26%238220%3BDemocracy%20for%20GrownUps%26%238221%3B&description=>
>
> Posted in theory <http://electionlawblog.org/?cat=41>
>
>
> ELB Podcast Episode 6. Nate Persily: Can the Supreme
> Court Handle Social Science In Election Cases?
> <http://electionlawblog.org/?p=77303>
>
> Posted on November 9, 2015 7:42 am
> <http://electionlawblog.org/?p=77303> by *Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> Can the Supreme Court handle social science evidence in
> election law cases? Will lack of good data determine the
> outcome of the Supreme Court’s upcoming one person, one
> vote decision in /Evenwel v. Abbott/? What role will and
> should evidence play in assessing questions such as the
> constitutionality of McCain-Feingold’s soft money ban or
> Texas’s strict voter identification law.
>
> On Episode 6 of the ELB Podcast, we talk to law professor
> and political scientist Nate Persily
> <http://persily.com/> of Stanford Law School, one of the
> country’s leading redistricting and election law experts.
>
> You can listen to the ELB Podcast Episode 6 on Soundcloud
> <https://soundcloud.com/rick-hasen/elb-podcast-episode-6-nate> or
> subscribe at iTunes
> <https://geo.itunes.apple.com/us/podcast/elb-podcast/id1029317166?mt=2>.
>
> <share_save_171_16.png>
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77303&title=ELB%20Podcast%20Episode%206.%20Nate%20Persily%3A%20Can%20the%20Supreme%20Court%20Handle%20Social%20Science%20In%20Election%20Cases%3F&description=>
>
> Posted in ELB Podcast
> <http://electionlawblog.org/?cat=116>, Supreme Court
> <http://electionlawblog.org/?cat=29>
>
>
> “Democratic Group Called iVote Pushes Automatic Voter
> Registration” <http://electionlawblog.org/?p=77406>
>
> Posted on November 9, 2015 7:38 am
> <http://electionlawblog.org/?p=77406> by *Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> NYT:
> <http://www.nytimes.com/2015/11/10/us/politics/democratic-group-called-ivote-pushes-automatic-voter-registration.html?ref=politics&_r=0>
>
> /As Republicans across the country mount an aggressive
> effort to tighten voting laws, a group of former aides
> to President Obama and President Bill Clinton is
> pledging to counter by spending up to $10 million on a
> push to make voter registration automatic whenever
> someone gets a driver’s license./
>
> /The change would supercharge the 1993 National Voter
> Registration Act
> <http://www.justice.gov/crt/about-national-voter-registration-act>,
> known as the “motor voter” law, which requires states
> to offer people the option of registering to vote when
> they apply for driver’s licenses or other
> identification cards. The new laws would make
> registration automatic during those transactions
> unless a driver objected./
>
> /The group, called iVote — which is led by Jeremy Bird
> <http://www.nytimes.com/2012/04/30/us/politics/obama-campaign-confronts-voter-id-laws.html>,
> who ran Mr. Obama’s voter turnout effort in 2012 — is
> betting that such laws could bring out millions of new
> voters who have, for whatever reason, failed to
> register even when they had the opportunity at motor
> vehicle departments…./
>
> /Kris W. Kobach, the secretary of state in Kansas and
> a Republican, who has been a leading advocate of
> stricter voting laws, said he opposed automatic
> registration because people who chose not to register
> were clearly not interested in voting./
>
> /“The assumption that by making what is already easy
> automatic that will somehow bring people to the polls
> is just erroneous,” Mr. Kobach said. “I just think
> it’s a bad idea. It’s not going to increase
> participation rates.”/
>
> /Mr. Kobach has pushed for some of the nation’s most
> restrictive voting laws, including one that requires
> proof of citizenship. He said automatic registration
> would make that kind of check impossible./
>
> /“You’re going to end up with aliens on the voter
> rolls,” Mr. Kobach said. “It’s inevitable that an
> automatic registration system would result in many of
> them getting on.”/
>
> <share_save_171_16.png>
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77406&title=%26%238220%3BDemocratic%20Group%20Called%20iVote%20Pushes%20Automatic%20Voter%20Registration%26%238221%3B&description=>
>
> Posted in election administration
> <http://electionlawblog.org/?cat=18>, The Voting Wars
> <http://electionlawblog.org/?cat=60>, voter registration
> <http://electionlawblog.org/?cat=37>
>
>
> “Inside the abandoned plans of Ted Cruz’s super PACs”
> <http://electionlawblog.org/?p=77404>
>
> Posted on November 9, 2015 7:32 am
> <http://electionlawblog.org/?p=77404> by *Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> Teddy Schleifer
> <http://www.cnn.com/2015/11/08/politics/ted-cruz-super-pac-abandoned-plans/index.html> for
> CNN:
>
> /The super PACs are staffed in part by a few
> individuals with no formal political experience,
> including Neugebauer, who has been the groups’ main
> fundraiser and formerly its chief executive officer —
> in addition to one of its lead donors. The groups have
> only recently begun hiring their first political
> professionals, including a new professional
> fundraiser: Campbell Smith, a finance official at the
> National Rifle Association, the super PACs confirmed
> to CNN./
>
> /The ditched buy is at the heart of the dispute
> between the campaign and the super PAC — a dispute
> that spilled out into the public this week, with
> several campaign advisers telling Politico
> <http://www.politico.com/story/2015/11/ted-cruz-silent-super-pacs-2016-215422> that
> they want to see Keep the Promise purchase advertising
> time immediately. Campaigns and super PACs frequently
> read one another’s messages in the press with a
> fine-toothed comb to learn thinking that they cannot
> legally directly share with one another./
>
> /It’s a reflection of the divided campaign finance
> world, where super PACs are allowed to raise unlimited
> amounts of cash (donations must still be reported to
> the Federal Election Commission), but the catch is
> that campaign and super PAC officials aren’t allowed
> to coordinate. Neugebauer’s pitch at The Broadmoor
> came without Cruz staffers in the room, for instance,
> a donor said./
>
> /And amid increasing questions about the super PAC,
> campaign officials are coming to the defense of
> Neugebauer, who left his role at the super PAC in a
> shake-up, and are praising his ability to incentivize
> two more eight-digit donations with a $10 million
> check of his own./
>
> <share_save_171_16.png>
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77404&title=%26%238220%3BInside%20the%20abandoned%20plans%20of%20Ted%20Cruz%26%238217%3Bs%20super%20PACs%26%238221%3B&description=>
>
> Posted in campaign finance
> <http://electionlawblog.org/?cat=10>, campaigns
> <http://electionlawblog.org/?cat=59>
>
>
> “The battle over campaign finance reform is changing.
> Here’s how.” <http://electionlawblog.org/?p=77402>
>
> Posted on November 9, 2015 7:31 am
> <http://electionlawblog.org/?p=77402> by *Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> WaPo talks
> <https://www.washingtonpost.com/news/the-fix/wp/2015/11/07/the-battle-over-campaign-finance-reform-is-changing-heres-how/> with
> Josh Silver of represent.us <http://represent.us/>.
>
> <share_save_171_16.png>
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77402&title=%26%238220%3BThe%20battle%20over%20campaign%20finance%20reform%20is%20changing.%20Here%E2%80%99s%20how.%26%238221%3B&description=>
>
> Posted in campaign finance
> <http://electionlawblog.org/?cat=10>
>
>
> Bauer on Justice Kennedy on Citizens United at Harvard
> <http://electionlawblog.org/?p=77400>
>
> Posted on November 9, 2015 7:23 am
> <http://electionlawblog.org/?p=77400> by *Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> Bauer blogs.
> <http://www.moresoftmoneyhardlaw.com/2015/11/justice-kennedy-harva>
>
> <share_save_171_16.png>
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77400&title=Bauer%20on%20Justice%20Kennedy%20on%20Citizens%20United%20at%20Harvard&description=>
>
> Posted in campaign finance
> <http://electionlawblog.org/?cat=10>, Supreme Court
> <http://electionlawblog.org/?cat=29>
>
>
> Breaking: #SCOTUS <mime-attachment.png> Political
> Disclosure, Denies Cert. in CCP v. Harris
> <http://electionlawblog.org/?p=77396>
>
> Posted on November 9, 2015 7:19 am
> <http://electionlawblog.org/?p=77396> by *Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> The Supreme Court, without noted dissent, has denied cert.
> <http://www.supremecourt.gov/orders/courtorders/110915zor_4g25.pdf>in
> Center for Competitive Politics v. Harris. The question
> concerns whether CA AG Harris can have access to CCP
> <http://www.campaignfreedom.org/>’s donor list for law
> enforcement purposes (and not for public disclosure) or
> whether such access violates the First Amendment.
>
> This cert. denial follows a string of cases in which the
> Supreme Court has endorsed disclosure as the appropriate
> way to deal with political activity (rather than campaign
> finance limits). These cases include /McConnell v. FEC/,
> /Citizens United v. FEC/, and /Doe v. Reed/. Aside from
> Justice Thomas (and to some extent Justice Alito), the
> Court has a strong belief in the benefits of disclosure in
> providing valuable information to voters, deterring
> corruption, and aiding in law enforcement. It is
> clearJustice Kennedy is upset
> <http://electionlawblog.org/?p=77126>that political forces
> have not enhanced disclosure since /Citizens United/.
> There is no constitutional impediment to it, except as to
> those groups which can demonstrate a realistic threat of
> harassment.
>
> The claims of harassment of contributors to conservatives
> causes have turned out to be greatly exaggerated. I
> explore this most recently in Chill Out: A Qualified
> Defense of Campaign Finance Disclosure Laws in the
> Internet Age <http://ssrn.com/abstract=1948313>, 27
> /Journal of Law and Politics/ 557 (2012).
>
> This is good news, although disclosure is far from enough
> <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> to
> deal with other problems with our campaign finance system.
>
> <share_save_171_16.png>
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77396&title=Breaking%3A%20%23SCOTUS%20%E2%9D%A4%EF%B8%8F%20Political%20Disclosure%2C%20Denies%20Cert.%20in%20CCP%20v.%20Harris&description=>
>
> Posted in campaign finance
> <http://electionlawblog.org/?cat=10>, campaigns
> <http://electionlawblog.org/?cat=59>, Supreme Court
> <http://electionlawblog.org/?cat=29>
>
>
> “California’s ballot could be a blockbuster next
> November” <http://electionlawblog.org/?p=77394>
>
> Posted on November 8, 2015 7:05 pm
> <http://electionlawblog.org/?p=77394> by *Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> John Myers
> <http://www.latimes.com/politics/la-me-pol-california-ballot-measures-2016-20151108-story.html> for
> the LAT:
>
> /The list of measures is very much a work in progress.
> Most campaigns are still gathering voter signatures or
> waiting for their proposals to be vetted by state
> officials./
>
> /But political strategists have identified at least 15
> — perhaps as many as 19 –measures that all have a shot
> at going before voters next fall./
>
> /The last time California’s ballot was that long was
> in November 2004, when there were16 propositions
> <http://elections.cdn.sos.ca.gov/sov/2004-general/formatted_ballot_measures_detail.pdf>.
> The March 2000 ballot had 20
> <http://elections.cdn.sos.ca.gov/sov/2000-primary/measures.pdf>./
>
> /Here are the expected 2016 ballot initiatives
> <http://www.latimes.com/politics/la-me-pol-california-ballot-box-2016-20151108-story.html>/
>
> /A number of political forces help explain why so many
> are lined up now. For starters, there’s the 2011 law
> <http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0201-0250/sb_202_bill_20110908_amended_asm_v97.html> that
> moved everything but measures written by the
> Legislature to the general election ballot. As a
> result, June primary ballots are now almost barren of
> contentious campaigns./
>
> /There is also a lingering hangover from the state’s
> record-low voter turnout in 2014: a new and extremely
> low number of voter signatures needed to qualify an
> initiative for the ballot./
>
> <share_save_171_16.png>
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>
> Posted in direct democracy
> <http://electionlawblog.org/?cat=62>
>
>
> “As Lawrence Lessig’s Long-Shot Bid Ends, What’s To
> Come For His Key Issue?”
> <http://electionlawblog.org/?p=77392>
>
> Posted on November 8, 2015 4:26 pm
> <http://electionlawblog.org/?p=77392> by *Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> Michel Martin interviews
> <http://www.npr.org/2015/11/08/455243856/as-lawrence-lessigs-long-shot-bid-ends-whats-to-come-for-his-key-issue?utm_source=twitter.com&utm_campaign=politics&utm_medium=social&utm_term=nprnews>Lessig
> for NPR.
>
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>
> Posted in campaign finance
> <http://electionlawblog.org/?cat=10>, campaigns
> <http://electionlawblog.org/?cat=59>
>
>
> “Lawmakers Ponder New Redistricting Methods”
> <http://electionlawblog.org/?p=77390>
>
> Posted on November 8, 2015 1:03 pm
> <http://electionlawblog.org/?p=77390> by *Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> CBS Miami
> <http://miami.cbslocal.com/2015/11/06/lawmakers-ponder-new-redistricting-methods/>:
>
> /Oliva, who is set to take over as speaker of the
> House after the 2018 elections, said in the wake of
> the failed session that he was ready to consider an
> independent redistricting commission that would
> recommend maps to the Legislature. The House and
> Senate also failed to agree on a congressional
> redistricting plan during an August special session./
>
> /“I’m for looking into it, because I certainly think
> that we need to have maps that aren’t disputed halfway
> into the next Census,” Oliva said./
>
> /At the same time, he pointed out some of the pitfalls
> for a commission./
>
> <share_save_171_16.png>
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77390&title=%26%238220%3BLawmakers%20Ponder%20New%20Redistricting%20Methods%26%238221%3B&description=>
>
> Posted in citizen commissions
> <http://electionlawblog.org/?cat=7>, redistricting
> <http://electionlawblog.org/?cat=6>
>
>
> “‘SNL’ Gives Donald Trump Just 12 Minutes On Screen”
> <http://electionlawblog.org/?p=77388>
>
> Posted on November 8, 2015 12:59 pm
> <http://electionlawblog.org/?p=77388> by *Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> Variety
> <http://variety.com/2015/tv/news/donald-trump-saturday-night-live-12-minutes-1201636040/>:
>
> /His minimal appearance on the show would suggest NBC
> <http://variety.com/t/nbc/> was extremely cognizant of
> TV’s so-called “equal time” rule, which mandates that
> U.S. broadcast and radio stations that grant
> appearances to political candidates must provide an
> equal amount of time to other candidates who request
> it….Candidates who want equal time are not guaranteed
> to get what Trump received. NBC could send them to
> various programs operated by NBC News, or to
> NBC-owned stations or some of the network’s
> affiliates. But other people striving for the office
> could certainly gain publicity for themselves by
> making the request – and bring more scrutiny to the
> broadcast network, which is owned by Comcast’s
> NBCUniversal unit./
>
> <share_save_171_16.png>
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77388&title=%26%238220%3B%E2%80%98SNL%E2%80%99%20Gives%20Donald%20Trump%20Just%2012%20Minutes%20On%20Screen%26%238221%3B&description=>
>
> Posted in campaigns <http://electionlawblog.org/?cat=59>
>
>
> What To Do About Truthiness in Campaigns? Not Much
> <http://electionlawblog.org/?p=77386>
>
> Posted on November 8, 2015 12:54 pm
> <http://electionlawblog.org/?p=77386> by *Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> The New York Times notes that truth
> <http://www.nytimes.com/2015/11/08/us/politics/candidates-stick-to-script-if-not-the-truth-in-2016-race.html?ref=politics>seems
> to be a particular casualty of the 2016 election.
>
> It might make one think of laws barring false campaign
> speech. But there are serious constitutional impediments
> to such laws, as I explored recently in A Constitutional
> Right to Lie in Campaigns and Elections?
> <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2151618>,
> 74/Montana Law Review/ 53 (2013).
>
> <share_save_171_16.png>
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77386&title=What%20To%20Do%20About%20Truthiness%20in%20Campaigns%3F%20Not%20Much&description=>
>
> Posted in campaigns <http://electionlawblog.org/?cat=59>
>
>
> “In Seattle, a Campaign Finance Plan That Voters
> Control” <http://electionlawblog.org/?p=77384>
>
> Posted on November 8, 2015 12:52 pm
> <http://electionlawblog.org/?p=77384> by *Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> NYT editorial:
> <http://www.nytimes.com/2015/11/08/opinion/sunday/in-seattle-a-campaign-finance-plan-that-voters-control.html?ref=opinion&_r=0>
>
> /In Tuesday, Seattle voters advanced the city’s
> reputation for progressivism when they approved a bold
> and unusual campaign finance reform plan. The plan
> will draw on real estate taxes to give every
> registered voter $100 in “democracy vouchers” to spend
> on candidates in the next city elections./
>
> /The 10-year, $30 million experiment in taxpayer
> subsidized elections was approved by a 20 percent
> margin in an initiative that supporters said was a
> reaction to the ability of affluent donors to dominate
> campaigns. Under the plan, every voter will receive
> four $25 vouchers in every election cycle to be used
> only as campaign contributions to candidates in city
> races./
>
> /Candidates are free to decline the money, but those
> who accept it will have to observe lower campaign
> spending and contribution limits, and agree to
> participate in at least three debates against rivals.
> The program will be financed by a property tax levy
> that works out to an estimated $9 a year on a $450,000
> property. The unusual initiative is being closely
> watched by government reform groups in other parts of
> the nation, some of which helped finance the effort to
> get the initiative approved./
>
> <share_save_171_16.png>
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77384&title=%26%238220%3BIn%20Seattle%2C%20a%20Campaign%20Finance%20Plan%20That%20Voters%20Control%26%238221%3B&description=>
>
> Posted in campaign finance
> <http://electionlawblog.org/?cat=10>
>
>
> Listen to the Oral Argument in Shapiro v. McManus Case
> <http://electionlawblog.org/?p=77382>
>
> Posted on November 8, 2015 12:40 pm
> <http://electionlawblog.org/?p=77382> by *Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> Here <https://www.oyez.org/cases/2015/14-990>, at Oyez.
>
> <share_save_171_16.png>
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77382&title=Listen%20to%20the%20Oral%20Argument%20in%20Shapiro%20v.%20McManus%20Case&description=>
>
> Posted in redistricting
> <http://electionlawblog.org/?cat=6>, Supreme Court
> <http://electionlawblog.org/?cat=29>
>
>
> “Garcetti explains email endorsement mistake”
> <http://electionlawblog.org/?p=77380>
>
> Posted on November 8, 2015 12:31 pm
> <http://electionlawblog.org/?p=77380> by *Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> KPCC reports.
> <http://www.scpr.org/news/2015/11/07/55516/garcetti-explains-email-endorsement-mistake/>
>
> /Los Angeles Mayor Eric Garcetti expanded Friday on an
> email gaffe involving his endorsement of presidential
> candidate Hillary Clinton./
>
> /The Thursday email episode made headlines around the
> country. Through a city email account, a
> communications staffer for the mayor sent out an email
> <http://www.scpr.org/news/2015/11/05/55483/la-mayor-endorses-clinton-in-2016-white-house-cont/> quoting
> Garcetti endorsing Clinton for president. Just over an
> hour later, that email was retracted./
>
> /Even later on Thursday, his campaign confirmed that
> Garcetti is backing Clinton./
>
> /At an event downtown Friday afternoon, Garcetti
> called the email from his office a mistake./
>
> <share_save_171_16.png>
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77380&title=%26%238220%3BGarcetti%20explains%20email%20endorsement%20mistake%26%238221%3B&description=>
>
> Posted in campaigns <http://electionlawblog.org/?cat=59>
>
>
> “Feds investigate Gov. Susana Martinez adviser Jay
> McClesky, campaign funds”
> <http://electionlawblog.org/?p=77378>
>
> Posted on November 8, 2015 12:26 pm
> <http://electionlawblog.org/?p=77378> by *Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> Santa Fe New Mexican
> <http://www.santafenewmexican.com/news/local_news/federal-probe-targets-gov-s-top-adviser-mccleskey/article_6cb560e4-4c58-5b1d-b1b9-f64109f0a884.html>:
>
> /For the past several months, the FBI has been
> interviewing some state Republicans about Gov. Susana
> Martinez’s fundraising activities going back to her
> first run for governor./
>
> /One prominent New Mexico Republican, who spoke on the
> condition of anonymity, confirmed being interviewed in
> recent months by federal agents about funds from
> Martinez’s campaign, as well as money from her 2011
> inauguration committee, going to the governor’s
> political consultant, Jay McCleskey./
>
> /This person also said agents asked questions about
> different “fundraising vehicles,” such as political
> action committees, used by Martinez’s political wing,
> though it was unclear what potential violations
> federal agents are investigating./
>
> <share_save_171_16.png>
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77378&title=%26%238220%3BFeds%20investigate%20Gov.%20Susana%20Martinez%20adviser%20Jay%20McClesky%2C%20campaign%20funds%26%238221%3B&description=>
>
> Posted in campaign finance
> <http://electionlawblog.org/?cat=10>, chicanery
> <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 <mailto:rhasen at law.uci.edu>
>
> hhttp://www.law.uci.edu/faculty/full-time/hasen/
> <http://www.law.uci.edu/faculty/full-time/hasen/>
>
> http://electionlawblog.org <http://electionlawblog.org/>
>
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
> <mailto:Law-election at department-lists.uci.edu>
> http://department-lists.uci.edu/mailman/listinfo/law-election
>
> --
>
> 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 <mailto:rhasen at law.uci.edu>
>
> hhttp://www.law.uci.edu/faculty/full-time/hasen/
> <http://www.law.uci.edu/faculty/full-time/hasen/>
>
> http://electionlawblog.org <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
hhttp://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org
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