[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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