[EL] ELB News and Commentary 11/18/15
Rick Hasen
rhasen at law.uci.edu
Wed Nov 18 08:03:57 PST 2015
"Buckley After 40 Years” <http://electionlawblog.org/?p=77643>
Posted onNovember 18, 2015 7:59 am
<http://electionlawblog.org/?p=77643>byRick Hasen
<http://electionlawblog.org/?author=3>
Floyd Abrams has passed alonghis prepared speech
<http://electionlawblog.org/wp-content/uploads/abrams-buckley-pryke.docx>given
as part of the annual Raymond Pryke First Amendment Lecture at UC Irvine
School of Law. Iblogged earlier
<http://electionlawblog.org/?p=77590>(and linked tovideo
<https://www.youtube.com/watch?v=V2Y-N_HKPsI>) of the eventhere
<https://www.youtube.com/watch?v=V2Y-N_HKPsI>. Floyd’s speech begins:
This week is the 40th anniversary of the oral argument in the
Supreme Court of/Buckley v. Valeo/and next year the 40th anniversary
of the decision in that case will be—depending on one’s view of the
case– regretted or celebrated. I’m a celebrant, so welcome to the
party!
/Buckley/was a case that dealt with and addressed a number of
difficult topics—limitations on the funding of issue advertisements,
potential distinctions between the funding of those ads by making
contributions directly to candidates and spending money
independently on ads directly advocating the election of
individuals, money spent on one’s own behalf—I could go on. Today,
I’m going to focus on the most controversial (or, if you’re of that
view, notorious) part of the/Buckley/case That is its holding that
held unconstitutional under the First Amendment, congressionally
dictated limits on independent expenditures seeking to persuade
people how to vote in the elections.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
“Bill Clinton to Appear for ‘Super PAC’ Backing Hillary Clinton”
<http://electionlawblog.org/?p=77641>
Posted onNovember 18, 2015 7:55 am
<http://electionlawblog.org/?p=77641>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT:
<http://www.nytimes.com/politics/first-draft/2015/11/17/bill-clinton-to-appear-for-super-pac-backing-hillary-clinton/?ref=politics>
Former President Bill Clinton will appear as the main attraction at
a meeting on Dec. 1 with prospective donors to Priorities USA
Action, the “super PAC” that is supporting his wife’s presidential
campaign — the first such event he will do for the group.
Mr. Clinton’s appearance was featured on an invitation describing
him as the “special guest” at the event in New York City that will
also feature the group’s chief strategist, Guy Cecil.
The appearance is a potential new phase for Priorities, which has
been trying to ramp up its fund-raising as a bumper crop of super
PACs has sprouted up on the Republican side of the race. Mr. Clinton
raised money in 2012 for Priorities when it was supporting President
Obama’s re-election effort.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Coalition pushes for voting reforms to get more to the polls in
Pennsylvania” <http://electionlawblog.org/?p=77639>
Posted onNovember 18, 2015 7:54 am
<http://electionlawblog.org/?p=77639>byRick Hasen
<http://electionlawblog.org/?author=3>
The Pittsburgh-Post Gazette reports.
<http://www.post-gazette.com/news/politics-state/2015/11/17/Coalition-pushes-for-voting-reforms-to-get-more-to-the-polls-pittsburgh-pennsylvania/stories/201511170177>
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Courts should halt Kobach’s bid to abuse voters’ rights in Kansas”
<http://electionlawblog.org/?p=77637>
Posted onNovember 18, 2015 7:52 am
<http://electionlawblog.org/?p=77637>byRick Hasen
<http://electionlawblog.org/?author=3>
KC Star editorial.
<http://www.kansascity.com/opinion/editorials/article45266619.html>
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Republican Candidates Chase Donald Trump’s 12 Minutes on ‘S.N.L.’”
<http://electionlawblog.org/?p=77635>
Posted onNovember 18, 2015 7:48 am
<http://electionlawblog.org/?p=77635>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT
<http://www.nytimes.com/politics/first-draft/2015/11/18/republican-candidates-chase-donald-trumps-12-minutes-on-s-n-l/?_r=0>:
As Donald J. Trumpdanced to “Hotline Bling,”
<https://www.youtube.com/watch?v=cjeORm4LMDk&feature=youtu.be&t=1m34s>several
of his Republican rivals were preparing a legal dance of their own.
After Mr. Trump hosted “Saturday Night Live” this month, appearing
on screen for 12 minutes and 5 seconds, other presidential
campaignswere entitled to file
<http://www.hollywoodreporter.com/thr-esq/nbc-affiliates-file-equal-time-838302>for
“equal opportunities” on the network.
So, the campaigns of Gov. John R. Kasich of Ohio, Senator Lindsey
Graham of South Carolina, Mike Huckabee and George E. Pataki have
all sent letters to NBC, requesting the equal time.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“The Practical Reality of a Citizens United Constitutional
Amendment” <http://electionlawblog.org/?p=77633>
Posted onNovember 18, 2015 7:44 am
<http://electionlawblog.org/?p=77633>byRick Hasen
<http://electionlawblog.org/?author=3>
CLC backgrounder.
<http://www.campaignlegalcenter.org/news/blog/practical-reality-citizens-united-constitutional-amendment>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Susan B. Anthony List v. Driehaus and the (Bleak) Future of
Statutes that Ban False Statements in Political Campaigns”
<http://electionlawblog.org/?p=77631>
Posted onNovember 18, 2015 7:44 am
<http://electionlawblog.org/?p=77631>byRick Hasen
<http://electionlawblog.org/?author=3>
Margaret Zhang has writtenthis student case
note<https://www.pennlawreview.com/notes/index.php?id=14>for the U Pa L.
Rev.
I reach similar conclusions in my pre-/Susan B. Anthony /analysis, **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).
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“FEC Deadlocks on Bid to Ease Party Rules”
<http://electionlawblog.org/?p=77629>
Posted onNovember 18, 2015 7:36 am
<http://electionlawblog.org/?p=77629>byRick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg BNA:
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=79289943&vname=mpebulallissues&jd=a0h5q2f0v0&split=0>
The Federal Election Commission deadlocked on a Republican proposal
to write new rules easing campaign finance limits on political parties.
The 3-3 FEC vote during a Nov. 17 commission meeting appeared, at
least initially, to doom the proposal by Republican Commissioner Lee
Goodman to roll back some fundraising restrictions imposed on party
committees following the 2002 Bipartisan Campaign Reform Act, known
as the McCain-Feingold law.
Goodman’s two fellow Republican commissioners joined him in
supporting the proposal, while the three commissioners holding
Democratic seats opposed it. The vote derailed his proposal to draft
new party rules for public comment.
Immediately after the deadlocked vote, however, Democratic FEC
Commissioner Ellen Weintraub moved to advance a combined rulemaking
plan to ease party restrictions while strengthening rules for super
political action committees. Specifically, Weintraub proposed
linking Goodman’s rulemaking plan with a proposal she authored,
along with FEC Chairwoman Ann Ravel, a Democrat, to clamp down on
single-candidate super PACs.
A vote on Weintraub’s motion was delayed until the next scheduled
FEC open meeting in December, along with votes on several other
agenda items discussed at the Nov. 17 meeting.
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Posted infederal election commission <http://electionlawblog.org/?cat=24>
“The Koch Intelligence Agency” <http://electionlawblog.org/?p=77627>
Posted onNovember 18, 2015 7:34 am
<http://electionlawblog.org/?p=77627>byRick Hasen
<http://electionlawblog.org/?author=3>
Ken Vogel:
<http://www.politico.com/story/2015/11/the-koch-brothers-intelligence-agency-215943>
The political network helmed by Charles and David Koch has quietly
built a secretive operation that conducts surveillance and
intelligence gathering on its liberal opponents, viewing it as a key
strategic tool in its efforts to reshape American public life.
The operation, which is little-known even within the Koch network,
gathers what Koch insiders refer to as “competitive intelligence”
that is used to try to thwart liberal groups and activists, and to
identify potential threats to the expansive network.
The competitive intelligence team has a staff of 25, including one
former CIA analyst, and operates from one of the non-descript Koch
network offices clustered near the Courthouse metro stop in suburban
Arlington, Va. It has provided network officials with documents
detailing confidential voter-mobilization plans by major
Democrat-aligned groups. It also sends regular “intelligence
briefing” emails tracking the canvassing, phone-banking and
voter-registration efforts of labor unions, environmental groups and
their allies, according to documents reviewed by POLITICO and
interviews with a half-dozen sources with knowledge of the group.
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“Blagojevich asks high court to hear corruption case appeal”
<http://electionlawblog.org/?p=77621>
Posted onNovember 17, 2015 5:52 pm
<http://electionlawblog.org/?p=77621>byRick Hasen
<http://electionlawblog.org/?author=3>
AP reports
<http://bigstory.ap.org/article/8b4948f53e4c466383831efb0b9c361d/blagojevich-asks-high-court-hear-corruption-case-appeal>.
If anyone has the cert. petition please pass it along and I will post.
Update:Here is the cert
petition.<http://electionlawblog.org/wp-content/uploads/blago-cert.pdf> Here
are the questions presented:
1. Whether, in a case involving solicitation of campaign
contributions, Evans v. United States, 504 U.S. 255 (1992), modified
the holding of McCormick v. United States, 500 U.S. 257, 273 (1991),
that an “explicit promise or undertaking” by a public official to
perform or not to perform an official act is required to prove
extortion under color of official right (and by extension bribery
and honest services fraud), and, if so, what is the standard for
distinguishing lawful attempts to obtain campaign contributions from
criminal violations. 2. Whether the lower court, based on confusion
about the first question presented, erred in barring a valid good
faith defense to the specific intent crimes of extortion under color
of official right, bribery and honest services fraud.
If the Court takes the Gov. McDonnell case (and there’s a good chance it
does, given its earlier unusual bail ruling), does it hold the Blago
case pending that disposition? That certainly could happen.
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Posted inbribery <http://electionlawblog.org/?cat=54>,campaign finance
<http://electionlawblog.org/?cat=10>,chicanery
<http://electionlawblog.org/?cat=12>
“Campaign Legal Center Announces Revised Senior Management Team and
Welcomes New Attorneys and Staff” <http://electionlawblog.org/?p=77619>
Posted onNovember 17, 2015 4:36 pm
<http://electionlawblog.org/?p=77619>byRick Hasen
<http://electionlawblog.org/?author=3>
Release
<http://www.campaignlegalcenter.org/news/press-releases/campaign-legal-center-announces-revised-senior-management-team-and-welcomes-new>:
The Campaign Legal Center is pleased to announce a series of staff
promotions and new hires as part of a management restructuring of
the organization in response to continuing growth and the conclusion
of a strategic planning review. Lawrence Noble
<http://www.campaignlegalcenter.org/team/lawrence-m-noble>has become
General Counsel andPaul S. Ryan
<http://www.campaignlegalcenter.org/team/paul-s-ryan>andTara Malloy
<http://www.campaignlegalcenter.org/team/tara-malloy>are now Deputy
Executive Directors of the organization. All three have been
lawyers for CLC for several years, but will now formally be part of
the Senior Management team.
“These changes to our management structure will make us still more
effective as we face the challenges ahead in our field,” said Legal
Center President Trevor Potter. “Since the Supreme Court’s
disastrous decision in/Citizens United/and related decisions as well
as a continuing failure of the FEC to do its job due to increased
deadlocked votes, our work has expanded rapidly. We have seen
federal, state and local campaign finance laws challenged from coast
to coast in the courts and have assisted in defending many of
these. Our reorganization and the influx of new and talented staff
will allow us to face these challenges and articulate desirable new
reforms even more effectively.”
“We are very fortunate to have the veteran attorneys on staff to
allow us to undertake this reorganization and to do so seamlessly as
we also welcome talented new lawyers and staffers to the Campaign
Legal Center,” said Campaign Legal Center Executive Director J.
Gerald Hebert. “The challenges ahead in the fields of voting rights
and campaign finance are significant but we are confident that our
growth and reorganization positions us to meet these mounting
challenges.”…
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,election
law biz <http://electionlawblog.org/?cat=51>
“Alabama’s Motor Voter Program Gets a Tune-Up”
<http://electionlawblog.org/?p=77617>
Posted onNovember 17, 2015 4:32 pm
<http://electionlawblog.org/?p=77617>byRick Hasen
<http://electionlawblog.org/?author=3>
Demos blogs.
<http://www.demos.org/blog/11/17/15/alabamas-motor-voter-program-gets-tune>
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Posted inNVRA (motor voter) <http://electionlawblog.org/?cat=33>
“Lawsuit Says Utah Law Violates the First Amendment”
<http://electionlawblog.org/?p=77615>
Posted onNovember 17, 2015 10:15 am
<http://electionlawblog.org/?p=77615>byRick Hasen
<http://electionlawblog.org/?author=3>
Press release
<http://www.campaignfreedom.org/2015/11/17/lawsuit-says-utah-law-violates-the-first-amendment/>:
The Center for Competitive Politics (CCP), America’s largest
nonprofit working to promote and defend First Amendment rights to
free political speech, assembly, and petition, announced today that
it has filed a lawsuit to declare unconstitutional a recent Utah law
requiring nonprofits that engage in advocacy to report the private
information of their supporters to the government. CCP is
representing three plaintiffs in the case: the Utah Taxpayers
Association, the Utah Taxpayers Legal Foundation, and the Libertas
Institute.
The lawsuit challenges Utah House Bill 43, which passed in 2013.
Plaintiffs allege the law suffers many of the same defects contained
in the Federal Election Campaign Act. That law’s reach was limited
by the landmark 1976 Supreme Court case/Buckley v. Valeo./
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Seven Myths (and Realities) about Disclosure”
<http://electionlawblog.org/?p=77613>
Posted onNovember 17, 2015 10:06 am
<http://electionlawblog.org/?p=77613>byRick Hasen
<http://electionlawblog.org/?author=3>
CLC.
<http://www.campaignlegalcenter.org/news/blog/seven-myths-and-realities-about-disclosure>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Bicameral Group of Members Call on Newly-Elected Speaker Ryan to
Shine Light on Money in Politics with Consideration of DISCLOSE Act”
<http://electionlawblog.org/?p=77611>
Posted onNovember 17, 2015 10:06 am
<http://electionlawblog.org/?p=77611>byRick Hasen
<http://electionlawblog.org/?author=3>
Press release.
<https://vanhollen.house.gov/media-center/press-releases/bicameral-group-of-members-call-on-newly-elected-speaker-ryan-to-shine>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“What are the benefits of campaign finance reform?”
<http://electionlawblog.org/?p=77609>
Posted onNovember 17, 2015 7:39 am
<http://electionlawblog.org/?p=77609>byRick Hasen
<http://electionlawblog.org/?author=3>
Sam
Power<https://www.washingtonpost.com/news/monkey-cage/wp/2015/11/17/what-are-the-benefits-of-campaign-finance-reform/>at
The Monkey Cage.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“11 amicus briefs filed in support of Bob McDonnell”
<http://electionlawblog.org/?p=77607>
Posted onNovember 17, 2015 7:39 am
<http://electionlawblog.org/?p=77607>byRick Hasen
<http://electionlawblog.org/?author=3>
Richmond Times-Dispatch
<http://www.richmond.com/news/virginia/government-politics/article_107a414b-88a5-5979-9b61-7209bc770d9f.html>:
Former lawyers for Democratic presidents Barack Obama and Bill
Clinton are among the signers of 11 amicus briefs backing former
Gov. Bob McDonnell’s appeal to the U.S. Supreme Court.
The high court could decide before the new year whether to take up
the former governor’s appeal of his corruption convictions.
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Posted inbribery <http://electionlawblog.org/?cat=54>,chicanery
<http://electionlawblog.org/?cat=12>
“Will President Obama Leave a Failed Legacy on Secret Money in
Politics?” <http://electionlawblog.org/?p=77605>
Posted onNovember 17, 2015 7:27 am
<http://electionlawblog.org/?p=77605>byRick Hasen
<http://electionlawblog.org/?author=3>
Zephyr Teachout and David Segal blog
<http://www.huffingtonpost.com/zephyr-teachout/will-president-obama-leav_b_8576524.html>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Seattle’s new political vouchers are an experiment. How will we
know if they’re working?” <http://electionlawblog.org/?p=77603>
Posted onNovember 17, 2015 7:24 am
<http://electionlawblog.org/?p=77603>byRick Hasen
<http://electionlawblog.org/?author=3>
Mark Schmitt
<http://www.vox.com/polyarchy/2015/11/16/9743144/seattle-political-vouchers> writes
for Vox.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
--
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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