[EL] ELB News and Commentary 11/20/15

Rick Hasen rhasen at law.uci.edu
Thu Nov 19 21:15:01 PST 2015


    “Federal judge, GOP lawyer have lively exchanges over open-primary
    lawsuit” <http://electionlawblog.org/?p=77712>

Posted onNovember 19, 2015 9:05 pm 
<http://electionlawblog.org/?p=77712>byRick Hasen 
<http://electionlawblog.org/?author=3>

News from Montana: 
<http://www.kxlh.com/story/30564416/federal-judge-gop-lawyer-have-lively-exchanges-over-open-primary-lawsuit>

    In a hearing on a lawsuit to restrict Republican primary elections
    to party members only in Montana, a federal judge Thursday
    questioned whether non-Republican voters are actively crossing over
    to vote in and influence GOP legislative primaries here.

    “So, voters are going to give up their right to vote for the
    president, the U.S. Senate and congressional (candidates of their
    own party) … to vote to screw up the other guy’s legislative
    candidates?” asked U.S. District Judge Brian Morris. “You’re telling
    me that happens regularly?”

    Matthew Monforton, a lawyer representing numerous GOP central
    committees, told Morris it does happen – and that’s why Republicans
    should be allowed to close their primary elections to members only.

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


    “Lawyers in voter registration lawsuit against Kobach ask for
    class-action status” <http://electionlawblog.org/?p=77710>

Posted onNovember 19, 2015 7:17 pm 
<http://electionlawblog.org/?p=77710>byRick Hasen 
<http://electionlawblog.org/?author=3>

The latest from Kansas. 
<http://www.kansas.com/latest-news/article45469932.html>

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>


    “Sanders drops line attacking super PACs from speech after super PAC
    backs him” <http://electionlawblog.org/?p=77707>

Posted onNovember 19, 2015 6:36 pm 
<http://electionlawblog.org/?p=77707>byRick Hasen 
<http://electionlawblog.org/?author=3>

Politico 
<http://www.politico.com/story/2015/11/bernie-sanders-drops-super-pacs-attack-216088>:

    Bernie Sanders’ disapproval of super PACs is a stand-by theme in his
    stump speech, and it’s a concept that was included in the prepared
    remarks of his much-anticipated speech on democratic socialism on
    Thursday.
    But the pre-written line went missing on Thursday, as Sanders — with
    two TelePrompTers standing before him — skipped straight from a
    passage about mandatory voter registration to a line-by-line
    explanation of the differences between his own ideology and the
    socialism people commonly think of.
    “It is unacceptable that we have a corrupt campaign finance system
    which allows millionaires, billionaires and large corporations to
    contribute as much as they want to super PACs to elect candidates
    who will represent their special interests,” Sanders’ was expected
    to say during his address at Georgetown University. “We must
    overturn Citizens United and move to public funding of elections.”

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


    “Loyola Law School to Host Symposium on Corporate Rights and
    Political Spending” <http://electionlawblog.org/?p=77704>

Posted onNovember 19, 2015 6:07 pm 
<http://electionlawblog.org/?p=77704>byRick Hasen 
<http://electionlawblog.org/?author=3>

Release<http://www.lls.edu/resources/newsroom/loyolaspotlightarticles/corporationstheconstitutionanddemocracy/>for 
an event I’ll be speaking at Friday:

    Loyola Law School, Los Angeles and Free Speech for People will host
    the symposium “Corporations, the Constitution, and Democracy”
    featuring a slate of prominent corporate, constitutional and
    election-law scholars and a keynote address by the Hon. Leo E.
    Strine, Jr., chief justice of the Delaware Supreme Court. The event
    will be held on Friday, Nov. 20 from 12-4:30 p.m. on Loyola’s
    downtown LA campus.

    The panel “The Future of Corporate Constitutional Rights Litigation
    and Theory,” will feature Margaret M. Blair, Vanderbilt Law School;
    Erwin Cherminsky, UC Irvine School of Law; Sarah Haan, University of
    Idaho College of Law; James D. Nelson, University of Houston Law
    Center; Anne Tucker, Georgia State University College of Law; and
    Adam Winkler, UCLA School of Law. The panel “Democracy, Corporations
    and Money in Politics” will include Jeff Clements, Free Speech for
    People; Richard L. Hasen, UC Irvine School of Law; Michael S. Kang,
    Emory University School of Law; Jessica Levinson, Loyola Law School;
    Michele Sutter, Money Out Voters In; and Abby Wood, USC Gould School
    of Law.

    Chief Justice Strine, a preeminent corporate law jurist, will
    deliver the keynote address, “Corporate Power Ratchet: The Courts’
    Role in Eroding ‘We the People’s’ Ability to Constrain Our Corporate
    Creations.” Closing remarks will come from John Bonifaz, Free Speech
    for People, and Elizabeth Pollman, Loyola Law School. The afternoon
    will conclude with a reception.

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


    “Pillar of Law Challenges Illinois Cannabis Campaign Contribution
    Ban” <http://electionlawblog.org/?p=77702>

Posted onNovember 19, 2015 5:54 pm 
<http://electionlawblog.org/?p=77702>byRick Hasen 
<http://electionlawblog.org/?author=3>

Release 
<https://www.pillaroflaw.org/index.php/blog/entry/pillar-of-law-challenges-illinois-cannabis-campaign-contribution-ban>:

    The Pillar of Law Institutefiled a lawsuit today in the United
    States District Court for the Northern District of Illinois
    <https://www.pillaroflaw.org/images/PDFs/BallvMadiganCompl.pdf>arguing
    that Illinois law censors speech. The law, enacted as part of the
    state’s medical marijuana pilot program in 2014, prohibits cannabis
    cultivation centers and dispensaries from making political
    contributions to candidates for state office. The suit is brought on
    behalf of Claire Ball, a Libertarian candidate who is running for
    the office of comptroller in the 2016 election and is prohibited
    under the law from accepting contributions from medical marijuana
    organizations. Scott Schluter, a Libertarian candidate who is
    running for state representative, joins her in this suit.

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


    “Judge in Don Blankenship Trial Orders Jury to Keep Deliberating;
    Jury in trial of former Massey Energy CEO had said it couldn’t agree
    on verdict” <http://electionlawblog.org/?p=77700>

Posted onNovember 19, 2015 5:51 pm 
<http://electionlawblog.org/?p=77700>byRick Hasen 
<http://electionlawblog.org/?author=3>

WSJ reports. 
<http://www.wsj.com/articles/judge-in-don-blankenship-trial-orders-jury-to-keep-deliberating-1447954894>

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Posted inUncategorized <http://electionlawblog.org/?cat=1>


    “Election Law Class Visits Supreme Court, Notorious RBG”
    <http://electionlawblog.org/?p=77698>

Posted onNovember 19, 2015 5:49 pm 
<http://electionlawblog.org/?p=77698>byRick Hasen 
<http://electionlawblog.org/?author=3>

Lucky 
<http://news.law.fordham.edu/blog/2015/11/19/election-law-class-visits-supreme-court-notorious-rbg/>Jerry 
Goldfeder students (they’re already lucky to have him as an instructor).

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Posted inUncategorized <http://electionlawblog.org/?cat=1>


    “Who in New Hampshire Gets to Decide if Ted Cruz is a ‘Natural-Born
    Citizen?'” <http://electionlawblog.org/?p=77696>

Posted onNovember 19, 2015 1:19 pm 
<http://electionlawblog.org/?p=77696>byRick Hasen 
<http://electionlawblog.org/?author=3>

Derek the Muller. 
<http://excessofdemocracy.com/blog/2015/11/who-in-new-hampshire-gets-to-decide-if-ted-cruz-is-a-natural-born-citizen>

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Posted inballot access <http://electionlawblog.org/?cat=46>,campaigns 
<http://electionlawblog.org/?cat=59>


    “2 Election Lawyers to Study Impact of ‘Super PACs’ on ’16 Race”
    <http://electionlawblog.org/?p=77694>

Posted onNovember 19, 2015 1:09 pm 
<http://electionlawblog.org/?p=77694>byRick Hasen 
<http://electionlawblog.org/?author=3>

NYT 
<http://www.nytimes.com/politics/first-draft/2015/11/19/2-election-lawyers-to-study-impact-of-super-pacs-on-16-race/>:

    “Super PACs,” the outside groups that can raise unlimited funds but
    can’t coordinate with candidates they support, have unquestionably
    had an impact on the 2016 presidential race. But to what extent and
    in what ways is not yet clear.

    Two leading election lawyers – Bob Bauer, a Democrat, and Ben
    Ginsberg, a Republican – will lead a research project with major
    universities and veterans of presidential politics to answer that
    question, along with others about campaign finance, one of the
    premier issues of the 2016 presidential race.

    Their report, to be issued in 2017, will draw on deep analysis of
    spending data, including looking at how campaign financing affected
    the nominating contests in both parties. The idea is not to be
    prescriptive but instead diagnostic about the way the huge changes
    in the campaign finance system since 2010 have altered presidential
    polit

UPDATE:

Here’s the full press release:

        /Political scientists from around the country have agreed to
        participate in a major research project to study the campaign
        finance system in the United States. The project, now underway,
        is expected to result in a public report to be issued in 2017. /

    /
    /

        /The project is being organized by  by Bob Bauer and Ben
        Ginsberg, formerly co-chairs of the Presidential Commission on
        Election Administration, and the PCEA’s former Senior Research
        Director, Stanford Law Professor Nate Persily. With the generous
        support and other assistance from the Hewlett Foundation, the
        Democracy Fund, and the Hoover Institution, the project will
        involve an independent and rigorous examination of how money in
        a rapidly changing campaign system is being raised and spent,
        drawing on careful data collection and quantitative analysis,
        with additional material drawn for qualitative assessment from
        information made available by campaigns, parties and other
        political organizations. /

    /
    /

        /The report will not feature policy recommendations but will
        provide a descriptive account of campaign finance, including
        attention to political parties; independent and other non-party
        organizations; the changing media environment, such as the uses
        of digital communication and social media; disclosure of
        campaign funding and spending; and issues specific to the
        Presidential campaign process. /

    /
    /

        /Since their collaboration on the PCEA, Bauer, Ginsberg and
        Persily have continued to work together on election
        administration issues through the Bipartisan Policy Center in
        Washington DC.  Bauer also teaches political law and reform at
        New York University School of Law, which is providing the
        administrative support for this new project, and Ginsberg and
        Persily have taught this subject together at Stanford. /

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


    “Senate Democrats Back Off on Campaign Finance Cuts”
    <http://electionlawblog.org/?p=77692>

Posted onNovember 19, 2015 10:23 am 
<http://electionlawblog.org/?p=77692>byRick Hasen 
<http://electionlawblog.org/?author=3>

The 
latest<http://www.courant.com/politics/capitol-watch/hc-senate-democrats-back-off-on-campaign-finance-cuts-20151119-story.html>from 
Connecticut.

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


    “Inside California lawmakers’ paid trips to Maui”
    <http://electionlawblog.org/?p=77690>

Posted onNovember 19, 2015 8:30 am 
<http://electionlawblog.org/?p=77690>byRick Hasen 
<http://electionlawblog.org/?author=3>

Ingratiation and Access 101 
<http://www.sacbee.com/news/politics-government/capitol-alert/article45406533.html>  will 
be held in the Kea Lani conference area and bar.

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Posted inlegislation and legislatures <http://electionlawblog.org/?cat=27>


-- 
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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