[EL] ELB News and Commentary 10/16/15
Rick Hasen
rhasen at law.uci.edu
Fri Oct 16 07:37:17 PDT 2015
Tweet of the Day <http://electionlawblog.org/?p=76753>
Posted onOctober 16, 2015 7:35 am
<http://electionlawblog.org/?p=76753>byRick Hasen
<http://electionlawblog.org/?author=3>
Justice Don Willett
<https://twitter.com/JusticeWillett/status/654712087151702016>(Supreme
Court of Texas):
Screen Shot 2015-10-16 at 7.34.13 AM
<http://electionlawblog.org/wp-content/uploads/Screen-Shot-2015-10-16-at-7.34.13-AM.png>
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
“Campaign Finance and Political Polarization: When Purists Prevail”
<http://electionlawblog.org/?p=76751>
Posted onOctober 16, 2015 7:32 am
<http://electionlawblog.org/?p=76751>byRick Hasen
<http://electionlawblog.org/?author=3>
Ray La Raja and Brian Schaffner have just writtenthis book
<http://www.press.umich.edu/4882255/campaign_finance_and_political_polarization>,
which I am very much looking forward to reading:
Efforts to reform the U.S. campaign finance system typically focus
on the corrupting influence of large contributions. Yet, as Raymond
J. La Raja and Brian F. Schaffner argue, reforms aimed at cutting
the flow of money into politics have unintentionally favored
candidates with extreme ideological agendas and, consequently,
fostered political polarization.
Drawing on data from 50 states and the U.S. Congress over 20 years,
La Raja and Schaffner reveal that current rules allow wealthy
ideological groups and donors to dominate the financing of political
campaigns. In order to attract funding, candidates take
uncompromising positions on key issues and, if elected, take their
partisan views into the legislature. As a remedy, the authors
propose that additional campaign money be channeled through party
organizations—rather than directly to candidates—because these
organizations tend to be less ideological than the activists who now
provide the lion’s share of money to political candidates. Shifting
campaign finance to parties would ease polarization by reducing the
influence of “purist” donors with their rigid policy stances.
La Raja and Schaffner conclude the book with policy recommendations
for campaign finance in the United States. They are among the few
non-libertarians who argue that less regulation, particularly for
political parties, may in fact improve the democratic process.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“‘Outsider’ Presidential Candidates Prove Competitive in
Fund-Raising” <http://electionlawblog.org/?p=76749>
Posted onOctober 16, 2015 7:25 am
<http://electionlawblog.org/?p=76749>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT reports.
<http://www.nytimes.com/2015/10/16/us/politics/outsider-presidential-candidates-prove-competitive-in-fund-raising.html?ref=politics&_r=0>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“In campaign money race, Democrats vastly outpacing Republicans”
<http://electionlawblog.org/?p=76747>
Posted onOctober 16, 2015 7:21 am
<http://electionlawblog.org/?p=76747>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo reports.
<https://www.washingtonpost.com/politics/in-campaign-money-race-democrats-vastly-outpacing-republicans/2015/10/15/794a1ee4-7352-11e5-8d93-0af317ed58c9_story.html>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Small-dollar donors power insurgent candidates from both parties”
<http://electionlawblog.org/?p=76745>
Posted onOctober 16, 2015 7:14 am
<http://electionlawblog.org/?p=76745>byRick Hasen
<http://electionlawblog.org/?author=3>
CPI:
<http://www.publicintegrity.org/2015/10/16/18636/small-dollar-donors-power-insurgent-candidates-both-parties>
Grassroots givers are playing a pivotal role in shaping the 2016
presidential race, boosting insurgent candidates in both the
Democratic and Republican primary contests as they challenge
establishment favorites in the polls and the race for campaign cash.
Small-dollar donors who gave $200 or less accounted for about 40
percent of the approximately $144 million raised between July and
September by thetwo dozen Republicans and Democrats
<http://www.publicintegrity.org/2015/10/15/18631/2016-presidential-money-race>running
for president, according to aCenter for Public Integrity
<http://www.publicintegrity.org/>review of campaign finance
documents filed Thursday.
So who are the candidates raising the largest portion of their
campaign funds from these people-powered fundraising machines? Those
bucking their parties’ establishments and touting their desires to
challenge the status quo in Washington.
See also thisdata visualization
<http://www.publicintegrity.org/2015/10/15/18631/2016-presidential-money-race>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Lessons from the Turn of the Twentieth Century for First-Year
Courses on Legislation and Regulation”
<http://electionlawblog.org/?p=76743>
Posted onOctober 16, 2015 7:12 am
<http://electionlawblog.org/?p=76743>byRick Hasen
<http://electionlawblog.org/?author=3>
Kevin Stack has postedthis
draft<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2670204>on SSRN
(/Journal of Legal Education/). Here is the abstract:
This essay — part of a special journal issue on Legislation and
Regulation and Regulatory State courses as core elements of the law
school curriculum — approaches the debate over adopting these
courses by looking back to the controversy stirred by teaching
administrative law in law schools at the beginning of the twentieth
century. This essay argues that sources of resistance to
administrative law at that time not only help to explain the slow
pace of adoption of “Leg-Reg” and “Reg-State” courses today, but
also inform what material these new courses should cover. At the
turn of the century, both commitment to the case method as the
exclusive pedagogy for law teaching and jurisprudential principles
that understood courts to be the privileged sources of law resulted
in early administrative law courses being normalized within the case
method, excluding the internal law and decisionmaking of
administrative agencies from their coverage. Based on the premise
that law students should confront the primary sources of law in our
current regulatory legal system, first-year Leg-Reg and Reg-State
courses should not replicate the traditional, exclusive focus on
judicial decisions. Rather, these new courses are the right occasion
to introduce regulatory and congressional materials as primary
sources. That coverage choice, moreover, provides preparation for an
upper-level administrative law course focused on how courts review
agency action, while minimizing duplication in coverage. Even more
importantly, treatment of nonjudicial primary sources in these new
courses helps to bring the image of law conveyed to first year
students closer to the true dimensions of our legal order.
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Posted inlegislation and legislatures
<http://electionlawblog.org/?cat=27>,pedagogy
<http://electionlawblog.org/?cat=23>
“The NY Times column on Evenwel and prison gerrymandering hinges on
superficial contradictions” <http://electionlawblog.org/?p=76741>
Posted onOctober 16, 2015 7:10 am
<http://electionlawblog.org/?p=76741>byRick Hasen
<http://electionlawblog.org/?author=3>
ThePrison Gerrymandering Project
<http://www.prisonersofthecensus.org/news/2015/10/15/evenwel-nyt/>responds
toAdam Liptak
<http://www.nytimes.com/2015/10/13/us/politics/aclus-own-arguments-may-work-against-it-in-voting-rights-case.html>:
The/Evenwel/plaintiffs seek to entirely exclude all non-citizens
from redistricting counts, regardless of their residence in, and
strong ties to, the community in which they are counted. By
contrast, the plaintiffs in the Cranston case have made a careful,
fact-based determination of where people incarcerated at the
facility actually reside, be it in Ward 6, elsewhere in Cranston or
outside of the city and want the city’s districts to treat those
groups separately.
Simply put, Cranston does not have the authority to fix prison
gerrymandering problems outside its jurisdictional boundaries, and
so plaintiffs have not sought to force them to do so.
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Posted infelon voting <http://electionlawblog.org/?cat=66>,redistricting
<http://electionlawblog.org/?cat=6>
“California Adopts Tough Rules for Super PACs”
<http://electionlawblog.org/?p=76739>
Posted onOctober 16, 2015 7:07 am
<http://electionlawblog.org/?p=76739>byRick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg BNA
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=77693079&vname=mpebulallissues&jd=a0h4h5d6r9&split=0>:
“Sweeping reforms” in California campaign finance rules governing
spending by super political action committees and other groups not
formally linked to a candidate have been approved by California’s
Fair Political Practices Commission, according to a statement from
the FPPC.
The FPPC said the new staterules
<http://www.fppc.ca.gov/agendas/2015/10-15/18225.7%20%2810-14-15%20Updated%20Version%29.pdf>aim
to counter a nationwide trend toward increased coordination between
candidates and outside spending groups. The state agency said the
rules specify situations in which a presumption of illegal
coordination exists between a state candidate and an outside spender
expressly advocating on the candidate’s behalf.
Under the new rules, for example, such a presumption would exist in
cases in which a candidate helps to raise money for a super PAC or
other outside group primarily formed to support the candidate or
oppose the candidate’s opponent. A presumption of coordination also
would exist in other situations involving an outside group’s
reliance on a candidate’s former staffers or family members or use
of consultants shared by the candidate.
The new rules also presume coordination in situations in which a
group’s campaign spending is based on information about a
candidate’s needs or plans provided “directly or indirectly” by
candidate regarding campaign messaging, planned expenditures or
polling data.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Political donors would not have to ID employer, under bill”
<http://electionlawblog.org/?p=76737>
Posted onOctober 16, 2015 7:06 am
<http://electionlawblog.org/?p=76737>byRick Hasen
<http://electionlawblog.org/?author=3>
Getting darker
<http://www.jsonline.com/news/statepolitics/republicans-democrats-spar-over-gab-overhaul-b99597395z1-333088671.html>in
Wisconsin.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Despite state’s growing diversity, North Carolina politics still
dominated by white donors” <http://electionlawblog.org/?p=76735>
Posted onOctober 16, 2015 7:01 am
<http://electionlawblog.org/?p=76735>byRick Hasen
<http://electionlawblog.org/?author=3>
New report
<http://www.southernstudies.org/2015/10/despite-states-growing-diversity-north-carolina-po.html>from
the Institute for Southern Studies.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Bush PAC Got $500,000 From Spouse of Hong Kong Cosmetics Tycoon”
<http://electionlawblog.org/?p=76733>
Posted onOctober 16, 2015 7:00 am
<http://electionlawblog.org/?p=76733>byRick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg
<http://www.bloomberg.com/politics/articles/2015-10-15/the-chinese-cosmetics-fortune-backing-bush?cmpid=BBD101515_POL>:
Although super-PACs operate with more freedom than traditional
campaigns, able to accept contributions of unlimited size, they can
take money only from people who are U.S. citizens or green card holders.
“We don’t comment on specific donors, but we do have systems in
place to ensure compliance with all FEC rules,” the super-PAC, Right
to Rise USA, said in an e-mailed statement, referring to the Federal
Election Commission. A person close to Right to Rise said the group
confirmed Chen had a green card before accepting the donation. A
spokesman for Bush’s campaign declined to comment.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Campaign 2016’s Unlikely Tycoons: Small Donors Fuel Insurgents”
<http://electionlawblog.org/?p=76731>
Posted onOctober 16, 2015 6:56 am
<http://electionlawblog.org/?p=76731>byRick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg reports.
<http://www.bloomberg.com/politics/articles/2015-10-16/campaign-2016-s-unlikely-tycoons-small-donors-fuel-insurgents?cmpid=BBD101615_POL>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Bush comes out against dark money amid fundraising fight with
Rubio” <http://electionlawblog.org/?p=76729>
Posted onOctober 16, 2015 6:55 am
<http://electionlawblog.org/?p=76729>byRick Hasen
<http://electionlawblog.org/?author=3>
Benjy
Sarlin<http://www.msnbc.com/msnbc/bush-comes-out-against-dark-money-amid-fundraising-fight-rubio>for
MSNBC:
While both Bush and Rubio have said they favor more transparency in
campaign finance (Bush has floatedallowing unlimited campaign
donations
<http://www.msnbc.com/msnbc/influence-wealthy-donors-becoming-issue-gop-primaries>,
but disclosing them within 48 hours online), neither has publicly
called on groups supporting them to disclose their backers or
explicitly called for a law that would compel them to do so.
Until now, at least: Asked in an e-mail by msnbc whether Bush’s
proposed solution would include legislation to “bar outside groups
supportive of a candidate from raising money anonymously” Miller
answered in the affirmative.
“Ya he would support a law that would increase transparency and
disclosure,” Miller said.
A spokesman for Every Voice, an advocacy group that favors further
transparency in campaign finance, hailed the news while calling on
Bush to provide further details.
“If this is what the Bush campaign means by ‘commitment to
transparency,’ we’re happy to see it,” Adam Smith, communications
director at Every Voice, told msnbc. “There are plenty of things
that can be done, both through legislation and the regulatory
process, to increase transparency in political spending and I’d love
to see what he’d support if elected.”
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“The Paradox of Fairness and Competition in Virginia Redistricting”
<http://electionlawblog.org/?p=76727>
Posted onOctober 16, 2015 6:53 am
<http://electionlawblog.org/?p=76727>byRick Hasen
<http://electionlawblog.org/?author=3>
FairVote
<http://www.fairvote.org/research-and-analysis/blog/the-paradox-of-fairness-and-competition-in-virginia-redistricting/>:
The most recent scuffle over congressional redistricting in Virginia
illustrates how poor a job single-winner districts do at achieving
meaningful elections with fair results.
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Posted inalternative voting systems
<http://electionlawblog.org/?cat=63>,redistricting
<http://electionlawblog.org/?cat=6>
“Is this really ‘automatic’ voter registration?”
<http://electionlawblog.org/?p=76725>
Posted onOctober 16, 2015 6:51 am
<http://electionlawblog.org/?p=76725>byRick Hasen
<http://electionlawblog.org/?author=3>
Melanie Mason
<http://www.latimes.com/politics/la-me-pol-ca-motor-voter-law-20151016-story.html>of
the LAT explains.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“California Moves To Crack Down On Super PAC Coordination”
<http://electionlawblog.org/?p=76723>
Posted onOctober 15, 2015 12:10 pm
<http://electionlawblog.org/?p=76723>byRick Hasen
<http://electionlawblog.org/?author=3>
Paul Blumenthal reports
<http://www.huffingtonpost.com/entry/california-super-pac_56156780e4b0cf9984d80b16>for
HuffPo.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
Read the Emergency #SCOTUS Filing in Montana Campaign Disclosure
Case <http://electionlawblog.org/?p=76720>
Posted onOctober 15, 2015 10:18 am
<http://electionlawblog.org/?p=76720>byRick Hasen
<http://electionlawblog.org/?author=3>
Here.
<http://electionlawblog.org/wp-content/uploads/montana-application.pdf>
Jim Bopp filed it.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
“Alabama Guv Dismisses Outcry Over DMV Closures: ‘It’s Race Politics
At Its Worst'” <http://electionlawblog.org/?p=76718>
Posted onOctober 15, 2015 9:32 am
<http://electionlawblog.org/?p=76718>byRick Hasen
<http://electionlawblog.org/?author=3>
TPM reports.
<http://talkingpointsmemo.com/livewire/bentley-alabama-dmv-race-politics-voting>
Share
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Voting Machines Are Aging, But Don’t Expect Congress To Pay To
Replace Them” <http://electionlawblog.org/?p=76716>
Posted onOctober 15, 2015 9:05 am
<http://electionlawblog.org/?p=76716>byRick Hasen
<http://electionlawblog.org/?author=3>
Pam Fessler
<http://www.npr.org/sections/itsallpolitics/2015/10/15/448931114/voting-machines-are-aging-but-dont-expect-congress-to-pay-to-replace-them?utm_source=twitter.com&utm_campaign=politics&utm_medium=social&utm_term=nprnews>for
NPR:
Don’t expect Congress to shell out any money when it comes to
replacing aging voting equipment. That’s what Christy McCormick,
chairwoman of the U.S. Election Assistance Commission (EAC), says
her agency is telling state and local election officials, even
though a bipartisan presidential commissionwarned last year
<http://www.supportthevoter.gov/>of an “impending crisis.”
“We’re telling [election officials] that, from what we understand,
there won’t be any more federal funding coming to help them,” said
Christy McCormick.
“We’re telling them that, from what we understand, there won’t be
any more federal funding coming to help them,” McCormick said in an
interview with NPR.
And that’s a problem because election officials around the country
are worried about breakdowns as voting machines purchased after the
2000 presidential elections near the end of their useful lives. Much
of the equipment is already outdated. Some officials have even had
toresort to sites such as eBay
<http://www.npr.org/sections/itsallpolitics/2015/09/15/440255752/report-americas-aging-voting-machines-could-present-election-problems>to
find spare parts.
The Brennan Center for Justiceestimates
<https://www.brennancenter.org/sites/default/files/publications/Americas_Voting_Machines_At_Risk.pdf>that
it will cost about $1 billion to buy replacement machines. But state
and local budgets are tight. And Congress has shown no sign that
it’s willing to foot the bill as it did more than a decade ago, when
punch-card voting equipment was replaced nationwide.
McCormick says for now, the EAC is offering election officials tips
on how to maintain the equipment they do have, at least to get them
through the 2016 presidential election — a little like keeping an
old car running until you can afford a new one.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,Election Assistance Commission
<http://electionlawblog.org/?cat=34>,voting technology
<http://electionlawblog.org/?cat=40>
“How Trump blurs the line: The billionaire plays fast and loose
between his business and his campaign”
<http://electionlawblog.org/?p=76714>
Posted onOctober 15, 2015 8:38 am
<http://electionlawblog.org/?p=76714>byRick Hasen
<http://electionlawblog.org/?author=3>
Politico reports.
<http://www.politico.com/story/2015/10/donald-trump-brand-campaign-spending-quarterly-reports-214671>
Share
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“After The Big Republican Super PAC Flame Outs, Campaign Fundraisers
Are Striking Back” <http://electionlawblog.org/?p=76712>
Posted onOctober 15, 2015 8:36 am
<http://electionlawblog.org/?p=76712>byRick Hasen
<http://electionlawblog.org/?author=3>
Tarini Parti reports for BuzzFeed.
<http://www.buzzfeed.com/tariniparti/after-the-big-republican-super-pac-flame-outs-hard-money-is#.rp0xKL9YB>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
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Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
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http://electionlawblog.org
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