[EL] ELB News and Commentary 10/14/15
Rick Hasen
rhasen at law.uci.edu
Wed Oct 14 07:28:43 PDT 2015
“The Gender Gap in Political Giving”
<http://electionlawblog.org/?p=76683>
Posted onOctober 14, 2015 7:24 am
<http://electionlawblog.org/?p=76683>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT’s
<http://www.nytimes.com/2015/10/15/upshot/the-gender-gap-in-political-giving.html?ref=politics>The
UpShot:
More women vote than men, and it has been true for decades. But
women lag way behind men in another measure of political
participation. Only about 30 percent of big donors to campaigns are
women, which, in an election that’s forecast to feed on billions of
dollars of donations, is a gender gap in political influence. The
estimated gap in overall fund-raising is even larger, because the
average contribution from a man is much larger than the average for
a woman. For every dollar flowing from big donors into the campaigns
of sitting members of Congress, about 76 cents has come from a man
and 24 cents from a woman.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Tax Plans of G.O.P. Favor the Rich Despite Populist Talk”
<http://electionlawblog.org/?p=76681>
Posted onOctober 14, 2015 7:23 am
<http://electionlawblog.org/?p=76681>byRick Hasen
<http://electionlawblog.org/?author=3>
John Harwood
<http://www.nytimes.com/2015/10/14/us/politics/tax-plans-of-gop-favor-the-rich-despite-populist-talk.html?ref=politics&_r=0>NYT:
All told, the conservative Tax Foundation estimates that Mr. Rubio’s
plan would cut taxes an average of 17.8 percent for all taxpayers —
but 27.9 percent for the top 1 percent of earners.
Mr. Rubio’s rivals would also deliver disproportionate gains to the
most affluent. Former Gov. Jeb Bush of Florida would adjust tax
brackets so that the number of families that owe no income tax would
rise to 81 million, from 66 million. But he would cut the top income
tax rate of 39.6 percent more than twice as much as his brother did
as president, to 28 percent, while reducing the top capital gains
rate to 20 percent and eliminating theestate tax
<http://topics.nytimes.com/your-money/planning/estate-planning/index.html?inline=nyt-classifier>.
The Tax Foundation estimates that Mr. Bush’s plan would raise the
after-tax incomes of top earners 16.4 percent, more than any other
group. The foundation says the proposal from the real estate magnate
Donald J. Trump, who leads Republican polls, would raise incomes of
the top 1 percent of earners 27 percent — also the most of any group.
That pattern reflects a party still wedded to the theories
ofsupply-side economics
<http://topics.nytimes.com/top/reference/timestopics/subjects/e/economics/supply-side_economics/index.html?inline=nyt-classifier>35
years after President Ronald Reagan championed them under far
different circumstances, when the top income tax rate was 70
percent. And the reaction to Mr. Bernanke’s suggestion reflects
deferential instincts toward financial executives, despite voters’
anger after Washington bailed out Wall Street.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Money in Politics as a Civil Rights Issue”
<http://electionlawblog.org/?p=76679>
Posted onOctober 14, 2015 7:22 am
<http://electionlawblog.org/?p=76679>byRick Hasen
<http://electionlawblog.org/?author=3>
This event
<http://freespeechforpeople.org/hayti-civil-rights-forum/>will be in
Durham Thursday night.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
More on Those to Be Prosecuted for Double Voting by Kobach
<http://electionlawblog.org/?p=76676>
Posted onOctober 14, 2015 7:18 am
<http://electionlawblog.org/?p=76676>byRick Hasen
<http://electionlawblog.org/?author=3>
Bryan Lowry
<http://www.kansas.com/news/politics-government/article38915277.html>:
The felony complaint against Lincoln L. Wilson in Sherman County,
which borders Colorado, alleges that he perjured himself on voting
forms and voted in 2010, 2012 and 2014 despite not being lawfully
registered. His first appearance in court is set for Nov. 3.
Kobach said his office believes Wilson’s primary residence is
Colorado and accused him of serial double voting – voting in both
states.
“Double voting is a serious crime,” Kobach said. “It undermines the
principle of one man or one vote. Regardless of whether a person has
property in two jurisdictions or not, the fact that they own
property does not entitle them to twice as many votes as the rest of
us.”
Wilson, reached by phone on Tuesday, said he lives part time in
Sherman County and part time in Yuma County, Colo.
He said he voted in both states.
“But I know for a fact that I only voted for one president,” said
Wilson, 64 and a Republican. “The issues in Kansas that I vote for
would’ve been for that general election, such as property tax … and
if I voted for a senator or a representative in the state of Kansas,
that would have nothing to do with a senator or a representative in
the state of Colorado.”
Wilson has several real estate properties in each state. He said he
believed he was restricted to voting in only one county in each of
those states.
“When I look at a Colorado form, I’m signing a Colorado form. It
doesn’t say it’s a United States form, it says it’s a Colorado
form,” Wilson said. “In Kansas, my reasoning was the same.”
Wilson said he was contacted by the Sherman County Sheriff’s Office
about whether he was a Kansas resident, but he was still shocked to
find out he would be prosecuted. He said he has not been served a
summons and didn’t know he had officially been charged.
The other two people charged are also registered Republicans
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Arizona redistricting to get Supreme Court hearing”
<http://electionlawblog.org/?p=76674>
Posted onOctober 14, 2015 7:13 am
<http://electionlawblog.org/?p=76674>byRick Hasen
<http://electionlawblog.org/?author=3>
Arizona Daily Star:
<http://tucson.com/news/local/govt-and-politics/arizona-redistricting-to-get-supreme-court-hearing/article_3d8a3116-162a-5955-8381-ef09d18585bc.html>
The nation’s high court will hear arguments in less than two months
on the legality of the state’s 30 legislative districts, setting the
stage for a ruling that could realign political lines for the 2016
election.
Attorney Mark Hearne, representing Republicans challenging the
current districts, said Monday the Dec. 8 hearing could portend a
quick ruling by the Supreme Court. And he said if the justices side
with him — and against the Independent Redistricting Commission —
there is probably no excuse to keep the current lines in place for
the next election.
Mary O’Grady, who represents the commission, said she’s not sure the
case can move that quickly.
But if the case goes against the commission, it could send shock
waves through the system, whether next year or in 2018.
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>
“ANALYSIS New Brief: The 2014 Voting Experience”
<http://electionlawblog.org/?p=76672>
Posted onOctober 14, 2015 7:10 am
<http://electionlawblog.org/?p=76672>byRick Hasen
<http://electionlawblog.org/?author=3>
Pew
<http://www.pewtrusts.org/en/research-and-analysis/analysis/2015/10/13/new-brief-the-2014-voting-experience>:
Pew today released abrief
<http://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2015/10/the-2014-voting-experience> documenting
the results of a series of surveys with voters about their
expectations and practices during the 2014 midterm elections. The
survey found that many voters spend less time waiting at the polls
than they expect to; change their minds about how to cast their
ballots; and return mail ballots in a variety of ways, not always
using the U.S. Postal Service.
(viaDoug Chapin
<http://editions.lib.umn.edu/electionacademy/2015/10/14/new-pew-brief-details-2014-voting-experience/>).
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Lawmakers clash on campaign finance law, dismantling GAB”
<http://electionlawblog.org/?p=76670>
Posted onOctober 14, 2015 7:07 am
<http://electionlawblog.org/?p=76670>byRick Hasen
<http://electionlawblog.org/?author=3>
Patrick Marley
<http://www.jsonline.com/news/statepolitics/lawmakers-to-take-up-bills-on-campaign-finance-election-oversight-b99595015z1-332259842.html>for
the Journal-Sentinel:
As the committees at a joint hearing debated thebill
<http://docs.legis.wisconsin.gov/2015/proposals/sb294>on the
accountability board, Sen. Chris Kapenga (R-Delafield) asked the
board’s director, Kevin Kennedy, about his professional relationship
with Lois Lerner, the former IRS official who was involved in
targeting tea party groups for reviews of their tax-exempt status.
“Seriously?” Kennedy responded. “Have you no decency? That is like
right out the McCarthy era to ask that.”
Kennedy went on to say he had known Lerner for 20 years, going back
to her time as an attorney with the Federal Election Commission.
Afterward, he told reporters the exchange showed some legislators
have a “shallow, petty attitude” and are focused on “inane” issues.
“They don’t look at the substance of issues,” he said. “They want to
look at the splash.”
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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>
“Tables Turn on Vague Campaign Finance Regulation”
<http://electionlawblog.org/?p=76668>
Posted onOctober 14, 2015 7:02 am
<http://electionlawblog.org/?p=76668>byRick Hasen
<http://electionlawblog.org/?author=3>
Steve Klein
<https://www.pillaroflaw.org/index.php/blog/entry/tables-turn-on-vague-campaign-finance-regulation>on
Marc Elias’s FEC advisory opinion request on Super PACs.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
“Ex-Governor McDonnell challenges conviction”
<http://electionlawblog.org/?p=76664>
Posted onOctober 13, 2015 4:46 pm
<http://electionlawblog.org/?p=76664>byRick Hasen
<http://electionlawblog.org/?author=3>
SCOTUSBlog
<http://www.scotusblog.com/2015/10/ex-governor-mcdonnell-challenges-conviction/>:
Arguing that the federal prosecution of former Virginia Governor
Robert F. McDonnell was unique in the annals of public corruption
cases, his attorneys on Tuesday afternoonasked the Supreme Court
<http://www.scotusblog.com/wp-content/uploads/2015/10/McDonnell-petition-10-13-15.pdf> to
overturn his conviction and his two-year prison sentence.
The challenge is based partly on a test of the kind of proof needed
for a conviction for taking gifts in return for “official acts,” and
partly on a claim that the trial judge failed to probe the impact on
potential jurors of the heavy publicity surrounding his case.
The cert petition at page 29 quotes a Bob Bauer blog post on the case.
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Posted inbribery <http://electionlawblog.org/?cat=54>,chicanery
<http://electionlawblog.org/?cat=12>,Supreme Court
<http://electionlawblog.org/?cat=29>
“BREAKING: Trump To HOST NBC’s SNL Nov. 7; Likely Biggest ‘Equal
Time’ Trigger In History” <http://electionlawblog.org/?p=76662>
Posted onOctober 13, 2015 2:51 pm
<http://electionlawblog.org/?p=76662>byRick Hasen
<http://electionlawblog.org/?author=3>
See this post
<http://arizonaspolitics.blogspot.com/2015/10/breaking-trump-to-host-nbcs-snl-nov-7.html>at
Arizona’s Politics.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
Read Kevin Kennedy’s Testimony on Killing the GAB
<http://electionlawblog.org/?p=76660>
Posted onOctober 13, 2015 2:48 pm
<http://electionlawblog.org/?p=76660>byRick Hasen
<http://electionlawblog.org/?author=3>
Here: <http://www.gab.wi.gov/publications/testimony/gab-reform-bill>
This legislation is about one thing – exerting political control
over the independent executive branch agency charged with
administering and enforcing campaign finance, election, ethics and
lobbying laws. The reasons given for doing away with the G.A.B. are
based on inaccurate, incomplete and, in many cases, completely false
assertions by the proponents of this legislation. This legislation
appears to be rooted in the unfounded belief that non-partisan
judges base their decisions on hidden political agendas and not on
an objective analysis of the law’s application to specific facts.
The bill’s authors say they want to bring transparency and
accountability to the new Commissions, but this bill will not do
that. The only real change is to add partisan labels to the
Commissioners. The bill does nothing to lift the veil of secrecy
imposed on the current practices of the Government Accountability
Board’s advice, compliance and enforcement work.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
Indiana Voter ID Law vs. Indiana Anti Ballot-Selfie Law
<http://electionlawblog.org/?p=76658>
Posted onOctober 13, 2015 10:17 am
<http://electionlawblog.org/?p=76658>byRick Hasen
<http://electionlawblog.org/?author=3>
Oh, this is interesting
<http://indianapublicmedia.org/news/federal-court-hears-arguments-ballot-selfie-law-88405/>.
The same federal judge who found in the Crawford that Indiana could pass
its voter id law despite any evidence that voter impersonation fraud was
/ever/a problem in Indiana seems to think it is a problem that Indiana
doesn’t have evidence of vote buying to support its anti-selfie law.
Will be interested to see how the judge purports to distinguish the cases.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Both Lawmakers and Citizens Push for Voting Reforms Before 2016
Election” <http://electionlawblog.org/?p=76656>
Posted onOctober 13, 2015 10:13 am
<http://electionlawblog.org/?p=76656>byRick Hasen
<http://electionlawblog.org/?author=3>
Project Vote
<http://www.projectvote.org/press-releases/both-lawmakers-and-citizens-push-for-voting-reforms-before-2016-election/>:
According to a new report released today by Project
Vote,/Legislative Threats and Opportunities: Fall 2015
<http://www.projectvote.org/wp-content/uploads/2015/10/LEGISLATIVE-THREATS-AND-OPPORTUNITIES-FALL-2015.pdf>/,
there is growing interest among lawmakers to improve and modernize
the administration of elections. And some of these new laws passed.
Restrictive voting proposals, however, are still on the table in the
legislatures and courthouses. Without the protections of the Voting
Rights Act, which was weakened in 2013, only time will tell how
these harmful bills could affect future elections.
In/Legislative Threats and Opportunities: Fall 2015
<http://www.projectvote.org/wp-content/uploads/2015/10/LEGISLATIVE-THREATS-AND-OPPORTUNITIES-FALL-2015.pdf>/,
Erin Ferns Lee summaries the content, status and potential impact of
bills introduced in 2015.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Would bill allow retiring politicians to use campaign funds on
cars, homes?” <http://electionlawblog.org/?p=76654>
Posted onOctober 13, 2015 9:46 am
<http://electionlawblog.org/?p=76654>byRick Hasen
<http://electionlawblog.org/?author=3>
The latest from Wisconsin
<http://www.jsonline.com/news/statepolitics/lawmakers-to-take-up-bills-on-campaign-finance-election-oversight-b99595015z1-332259842.html>on
the double whammy to kill the GAB and eviscerate the state’s campaign
finance laws.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
Heavy Independent Spending in NJ Races
<http://electionlawblog.org/?p=76652>
Posted onOctober 13, 2015 8:50 am
<http://electionlawblog.org/?p=76652>byRick Hasen
<http://electionlawblog.org/?author=3>
See this press
release<http://www.elec.state.nj.us/pdffiles/press_releases/pr_2015/pr_10132015.pdf>from
ELEC.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Supplemental Briefing in the Newspaper”
<http://electionlawblog.org/?p=76650>
Posted onOctober 13, 2015 8:49 am
<http://electionlawblog.org/?p=76650>byRick Hasen
<http://electionlawblog.org/?author=3>
At the Lectern
<http://www.atthelectern.com/supplemental-briefing-in-the-newspaper/>:
A law professor who submitted an amicus curiae brief in/Howard
Jarvis Taxpayers Association v. Padilla/
<http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&doc_id=2083887&doc_no=S220289>,
which wasargued last week
<http://www.atthelectern.com/video-of-yesterday-mornings-arguments-available/>,
writes in today’sDaily Journal
<https://www.dailyjournal.com/subscriber/index.cfm?MultipleMsg=AE2F5A55-D3F1-E723-A56BA7D5C1F5C8531#section=DJStoryContent.cfm%3Fseloption%3DNEWS%26pubdate%3D10-12-2015%26shNewsType%3DNews%26NewsId%3D943589%26sdivId%3DmainContent1>[subscription]
about what he calls “[a]n interesting and perplexing problem: What
does an amicus do when the amicus brief is called out by a justice
during oral arguments, and the justice is incorrect?”
It’s strictly a rhetorical question, however, because the professor
isn’t interested in discussing a Supreme Court practice issue.
Rather, the column is in effect a supplemental, post-argument amicus
brief that the court would almost certainly never accept if the
amicus were operating within the rules. It gives a lengthy
explanation why the professor believes that the justice who “called
out” the amicus (unnamed in the column, but it was Justice Goodwin
Liu) was incorrect in stating that the amicus brief “cited the wrong
revision <https://youtu.be/0MYaziyfw0Y?t=47m20s>” of two reports by
the California Constitution Revision Commission. The column’s
substance contains argument that the professor himself admits had
been omitted from the amicus brief — “the amicus considered adding
an explanatory note in an already overly long brief.” If the
column’s intent to evade the rules were not transparent enough
already, it concludes, “Hopefully, justices read newspapers.”
The article behind the DJ paywall is by Professor Michael Salerno of
Hastings.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
Lessig Gets Less Than One Percent Support in FOX News Poll
[Corrected] <http://electionlawblog.org/?p=76645>
Posted onOctober 13, 2015 8:40 am
<http://electionlawblog.org/?p=76645>byRick Hasen
<http://electionlawblog.org/?author=3>
Here
<http://www.foxnews.com/politics/interactive/2015/10/13/fox-news-poll-biden-more-electable-than-clinton/>:
poll <http://electionlawblog.org/wp-content/uploads/poll.png>
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
--
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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