[EL] Seattle WashPIRG publication

[Bill Maurer]

The WashPIRG publication seems to be trying hard to make it seem like Seattle has a deregulated, laissez-faire campaign system now that can only be fixed by taxpayer-financed campaigns. That’s not the case. Seattle has extremely low contribution limits--$700 per election cycle (meaning primary and general combined) for a media market of over 3 million people. In addition, the contribution limits and other regulations are rigorously enforced by the Seattle Ethics and Election Commission, whose management and staff are very smart, scrupulously even-handed, and non-political. The Seattle City Council also has fairly active turnover, with challengers often unseating incumbents.

I can honestly say I’ve never seen a single television commercial for a city council or mayoral candidate here in more than 20 years and my anecdotal impression is that people here don’t have much of any idea of who is running or the policies for which they stand until they receive their voters guides from the Secretary of State’s office and King County Elections. Hard to have undue influence when no one actually sees much of a result of that influence.

Moreover, the report itself says that around 60% of the donors contribute less than $500 to a candidate—hardly a plutocracy. If Seattle has elected officials that can be bought for the price of a nice pair of shoes, then there are bigger problems with the city government than any campaign finance system can solve.

Bill

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
Sent: Friday, October 30, 2015 7:29 AM
To: law-election at UCI.edu
Subject: [EL] ELB News and Commentary 10/30/15

(Note: My UCI Law email is down. I can be reached at this address in the meantime.)


“Ted Cruz ‘Super PAC’ Deploys Email Subject Line in Effort to Reach New Donors”<http://electionlawblog.org/?p=77153>
Posted on October 30, 2015 7:21 am<http://electionlawblog.org/?p=77153> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT on Super PAC email marketing<http://www.nytimes.com/politics/first-draft/2015/10/30/ted-cruz-super-pac-deploys-email-subject-line-in-effort-to-reach-new-donors/?ref=politics&_r=0> given FEC restrictions on a Super PAC using a candidate’s name.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>
“Ohio BCI is investigating what appears to be 25 to 30 fraudulent voter registration applications”<http://electionlawblog.org/?p=77151>
Posted on October 30, 2015 7:19 am<http://electionlawblog.org/?p=77151> by Rick Hasen<http://electionlawblog.org/?author=3>

Vindy.com:<http://www.vindy.com/news/2015/oct/27/voter-registration-applications-ohio-bci/>

A state criminal agency is investigating what appears to be 25 to 30 fraudulent voter-registration applications, including from five dead people, filed with the Columbiana County Board of Elections by the Ohio Organizing Collaborative….

It was clearly fraudulent and forged when you have five people who died 10 years ago,” Booth said. “The forms were riddled with errors and all tied to this group. You can tell the same person filled out some of the same forms and forged signatures. There are wrong dates of births and wrong addresses on others. It became a pattern.”

There also were two registration forms from the same person, but the signatures were completely different, he said….

In a prepared statement, Laurie Couch, spokeswoman for the Youngstown-based OOC, wrote: “Unfortunately, it has come to our attention that a number of voter registration cards filed in Columbiana County appear to have been fabricated. The individuals responsible are no longer employed by the OOC and their supervisor has been placed on administrative leave pending an investigation. We are conducting a thorough internal investigation into the incident and working closely with the Columbiana County Sheriff’s Office and the board of elections to fully support their investigation. In fewer than 24 hours, we have provided every piece of documentation requested by the sheriff’s office.”

Free Beacon weakly tries to blame<http://freebeacon.com/politics/group-represented-by-top-clinton-lawyer-investigated-for-voter-fraud/> Marc Elias.
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Posted in chicanery<http://electionlawblog.org/?cat=12>, election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter registration<http://electionlawblog.org/?cat=37>
“Ventura man sentenced for fraud after voting twice in election”<http://electionlawblog.org/?p=77149>
Posted on October 30, 2015 7:11 am<http://electionlawblog.org/?p=77149> by Rick Hasen<http://electionlawblog.org/?author=3>

Ventura County Star<http://www.vcstar.com/news/local-news/ventura/ventura-man-convicted-of-fraud-after-voting-twice-in-election_07556435>:

The man voted by absentee ballot in the Nov. 4 general election, then voted a second time by turning in an absentee ballot under the name of his recently deceased father-in-law, according to the Ventura County District Attorney’s Office.




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Posted in absentee ballots<http://electionlawblog.org/?cat=53>, chicanery<http://electionlawblog.org/?cat=12>
“Encouraging Local Compliance with Federal Civil Rights Laws: Field Experiments with the National Voter Registration Act”<http://electionlawblog.org/?p=77147>
Posted on October 29, 2015 7:51 pm<http://electionlawblog.org/?p=77147> by Rick Hasen<http://electionlawblog.org/?author=3>

Doug Hess, Michael Hanmer, and David Nickerson have written this article<http://onlinelibrary.wiley.com/doi/10.1111/puar.12473/abstract> for Public Administration Review. Here is the abstract:

Can state officials increase local officials’ compliance with an important federal civil rights law with subtle interventions? The National Voter Registration Act of 1993 (NVRA) requires voter registration services at certain government agencies, but many counties fail to comply with the act. Working with officials in two states, the authors conducted field experiments to determine whether two methods commonly used by state officials increase compliance with the NVRA. Findings show that although the effects of the methods on output were sizable relative to recent performance, agency performance remained poor overall, with many offices continuing their history of registering no voters. The authors also discovered that gains in performance were largest for the offices that had performed best in the past. These findings suggest that while subtle interventions by state officials can produce increased compliance, stronger tactics may be needed to secure implementation of this federal law by local government agents.
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Posted in NVRA (motor voter)<http://electionlawblog.org/?cat=33>
“Outside Spending by Special Interests Floods Judicial Elections at Record Percentage, Report Finds”<http://electionlawblog.org/?p=77145>
Posted on October 29, 2015 7:48 pm<http://electionlawblog.org/?p=77145> by Rick Hasen<http://electionlawblog.org/?author=3>

Release<https://www.brennancenter.org/press-release/outside-spending-special-interests-floods-judicial-elections-record-percentage-report>:

Special-interest groups accounted for a record-high 29 percent of total spending in state judicial races in the 2013-14 election cycle, according to a new report by the Brennan Center for Justice at NYU School of Law, Justice at Stake, and the National Institute on Money in State Politics.

Offering a detailed analysis of the latest state Supreme Court campaign trends, Bankrolling the Bench: The New Politics of Judicial Elections 2013-14<http://www.newpoliticsreport.org/> shows how special-interest spending has impacted the composition of state courts nationwide — and calls into question how campaign spending may affect courts’ decisions. The study finds that multi-million dollar judicial races, once unheard of, are now common across the country. Social welfare organizations and other outside groups are also increasingly spending on court races, the report notes, spurred in part by the U.S. Supreme Court’s Citizens United ruling in 2010. The cycle also saw a notable development in a highly public initiative by a national group, the Republican State Leadership Committee, which spent nearly $3.4 million across judicial races in five states.


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Posted in campaign finance<http://electionlawblog.org/?cat=10>, judicial elections<http://electionlawblog.org/?cat=19>
“Groups Want Federal Health Exchange to Register Voters, Too”<http://electionlawblog.org/?p=77141>
Posted on October 29, 2015 6:10 pm<http://electionlawblog.org/?p=77141> by Rick Hasen<http://electionlawblog.org/?author=3>

Abby Goodnough for the NYT<http://www.nytimes.com/2015/10/30/us/groups-want-federal-health-exchange-to-register-voters-too.html>:

When the Affordable Care Act<http://www.nytimes.com/2009/12/25/health/policy/25health.html>’s new enrollment season begins next month, people seeking health insurance through the online federal exchange will also be offered something they may not expect: a chance to register to vote.

ut voting rights groups say the offer — a link to a voter registration form that they can print and mail, deep inside the application for health coverage — does not go far enough. This week, the groups accused the Obama administration of violating federal law by not doing more to ensure opportunities for voter registration through the exchange, HealthCare.gov, which serves 38 states.

In a letter to President Obama, the groups said that in contrast, most of the 13 state-based insurance exchanges have worked to comply with the National Voter Registration Act. The act, also known as the “motor voter” law, requires states to offer voter registration to people applying for a driver’s license or public assistance.

“This is an important voting rights issue that can no longer be ignored,” wrote the groups, which include the League of Women Voters, Project Vote and Demos, a liberal think tank.

Some voting rights experts are not certain their claim would hold up in court. At issue is whether the federal exchange is subject to the voter registration law because it is providing a service on behalf of the states it operates in.

“It’s an interesting, creative argument,” said Richard L. Hasen, a law professor at the University of California, Irvine. “I just don’t know if the courts will buy it or not.”…

Mr. Hasen said that given the many battles the Obama administration has fought with Republicans over the Affordable Care Act, it might prefer letting a court decide whether the federal exchange has to comply with the voter registration law.

“The federal exchange tends to serve more Republican states,” he said. “This would be a way of potentially registering more Democratic voters there. So it’s politically easier for an administration that’s always accused of trying to expand federal power to have a court make this decision.”

Update: Nicholas Bagley <http://theincidentaleconomist.com/wordpress/registering-voters-through-healthcare-gov/> is more skeptical.
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Posted in election administration<http://electionlawblog.org/?cat=18>, NVRA (motor voter)<http://electionlawblog.org/?cat=33>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter registration<http://electionlawblog.org/?cat=37>
“F.E.C. Panel Delays a Decision on Spending in ’16 Races”<http://electionlawblog.org/?p=77139>
Posted on October 29, 2015 5:18 pm<http://electionlawblog.org/?p=77139> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT<http://www.nytimes.com/2015/10/30/us/politics/fec-panel-delays-a-decision-on-spending-in-16-races.html?ref=politics>:

The Federal Election Commission<http://topics.nytimes.com/top/reference/timestopics/organizations/f/federal_election_commission/index.html?inline=nyt-org> put off a decision Thursday on just how far so-called super PACs<http://topics.nytimes.com/top/reference/timestopics/subjects/c/campaign_finance/index.html> — a dominant force so far in the 2016 campaign — can go in raising millions of dollars for politicians.

The inaction was not surprising for a commission often gridlocked by partisan divisions. Still, it frustrated Democratic lawyers, who had asked the commission last month for an “emergency” ruling<http://www.nytimes.com/2015/09/15/us/politics/democrats-seek-to-expand-use-of-super-pacs.html> on whether a dozen fund-raising tactics used bysuper PACs<http://topics.nytimes.com/top/reference/timestopics/subjects/c/campaign_finance/index.html?inline=nyt-classifier> and politicians should be considered legal.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, federal election commission<http://electionlawblog.org/?cat=24>
“The Price of Union; The Undefeatable South”<http://electionlawblog.org/?p=77137>
Posted on October 29, 2015 5:06 pm<http://electionlawblog.org/?p=77137> by Rick Hasen<http://electionlawblog.org/?author=3>

Nicholas Lemann writes<http://www.newyorker.com/magazine/2015/11/02/the-price-of-union> for the New Yorker.

The civil-rights revolution, too, can be thought of as a bargain, not simply a victory: the nation has become Southernized just as much as the South has become nationalized. Political conservatism, the traditional creed of the white South, went from being presumed dead in 1964 to being a powerful force in national politics. During the past half century, the country has had more Presidents from the former Confederacy than from the former Union. Racial prejudice and conflict have been understood as American, not Southern, problems….

Ari Berman’s “Give Us the Ballot” (Farrar, Straus & Giroux), a history of the 1965 Voting Rights Act, makes for an excellent extended example of the mechanisms by which race in the South becomes race in the nation. The Voting Rights Act followed the better-known Civil Rights Act by a year. It is properly understood as part of a wave of legislation that represents the political triumph of the civil-rights movement, but Berman, like most people, finds a precipitating event in the murder, in June, 1964, in Neshoba County, Mississippi, of three young civil-rights workers, James Chaney, Andrew Goodman, and Michael Schwerner.
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Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>
“The Outsized Influence of Big Money in Seattle’s Elections”<http://electionlawblog.org/?p=77135>
Posted on October 29, 2015 5:01 pm<http://electionlawblog.org/?p=77135> by Rick Hasen<http://electionlawblog.org/?author=3>

WashPIRG report.<http://washpirg.org/reports/wap/outsized-influence-big-money-seattles-elections>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>
“The Facts on 10 Common Election Misperception”<http://electionlawblog.org/?p=77133>
Posted on October 29, 2015 4:58 pm<http://electionlawblog.org/?p=77133> by Rick Hasen<http://electionlawblog.org/?author=3>

That’s the lead story in this month’s issue of NSCL’s The Canvass.<http://www.ncsl.org/research/elections-and-campaigns/states-and-election-reform-the-canvass-october-2015.aspx>
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Posted in election administration<http://electionlawblog.org/?cat=18>
“Plenty to watch during ‘off-year’ election U.S. Postal Service may play biggest role in 2015”<http://electionlawblog.org/?p=77130>
Posted on October 29, 2015 12:46 pm<http://electionlawblog.org/?p=77130> by Rick Hasen<http://electionlawblog.org/?author=3>

That’s the lead story<http://www.electionline.org/index.php/electionline-weekly> in this week’s Electionline Weekly.
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Posted in election administration<http://electionlawblog.org/?cat=18>
Texas Lt. Governor Sees No Need to Make Voting Easier<http://electionlawblog.org/?p=77128>
Posted on October 29, 2015 12:45 pm<http://electionlawblog.org/?p=77128> by Rick Hasen<http://electionlawblog.org/?author=3>

Texas Tribune<https://www.texastribune.org/2015/10/16/patrick-makes-spirited-pitch-conservative-governme/>:

• Voter turnout — Patrick said the state doesn’t need to make it easier to vote. He said voters should be informed and study the issues. “If people don’t show up and vote, they’re either happy or they don’t care,” he said.

(Via Burnt Orange Report<http://www.burntorangereport.com/diary/31230/lt-gov-dan-patrick-admits-gop-makes-it-intentionally-hard-to-vote-in-texas>)
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>
Justice Kennedy Defends Citizens United<http://electionlawblog.org/?p=77126>
Posted on October 29, 2015 9:15 am<http://electionlawblog.org/?p=77126> by Rick Hasen<http://electionlawblog.org/?author=3>

The NLJ<http://www.nationallawjournal.com/id=1202740827841/Justice-Anthony-Kennedy-Loathes-the-Term-Swing-Vote?back=DC&kw=Justice%20Anthony%20Kennedy%20Loathes%20the%20Term%20%27Swing%20Vote%27&cn=20151027&pt=Legal%20Times%20Afternoon%20Update&src=EMC-Email&et=editorial&bu=National%20Law%20Journal&slreturn=20150929114434> on Justice Kennedy’s appearance at Harvard:

Kennedy, also in response to a student’s question, said he stands by his 2010 decision in the still controversial Citizens Unitedcampaign finance case<http://www.supremecourt.gov/opinions/09pdf/08-205.pdf>.

“In my own view, what happens with money in politics is not good,” he said. “Remember: the government of the United States stood in front our court and said it was lawful and necessary under the [McCain-Feingold] Act to ban a book written about Hillary Clinton in the prohibited period of six, three months before the election. That can’t be right.

“I wasn’t surprised The New York Times was incensed their little monopoly to affect our thinking was taken away. I was surprised how virulent their attitude was. Last time I looked, The New York Times was a corporation. This meant the Sierra Club, the chamber of commerce in a small town couldn’t take out an ad.”

Disclosure of who is financing elections is an answer, he said. “You live in this cyber age. A report can be done in 24 hours,” he said. But, he added, “that’s not working the way it should.”



Two things of note:

First, Justice Kennedy is among the Justices to rarely give these kind of public interviews, according to my Celebrity Justice study<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2611729>.  Maybe that is now changing.

Second, Regarding Justice Kennedy’s point about the New York Times as a (press) corporation): I deal with this question in great detail in my upcoming Plutocrats United<http://www.amazon.com/Plutocrats-United-Campaign-Distortion-Elections/dp/0300212453/> book. It is a serious objection to campaign finance limits that needs a serious answer.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, Celebrity Justice<http://electionlawblog.org/?cat=109>, Supreme Court<http://electionlawblog.org/?cat=29>
Justice Scalia Speaks Again on Bush v. Gore<http://electionlawblog.org/?p=77124>
Posted on October 29, 2015 8:05 am<http://electionlawblog.org/?p=77124> by Rick Hasen<http://electionlawblog.org/?author=3>

Bob Egelko <http://www.sfchronicle.com/news/article/At-Santa-Clara-Scalia-says-he-s-a-dissident-on-6597321.php?t=c77fb1330d00af33be&cmpid=twitter-premium> on a Q&A at Santa Clara:

Bush vs. Gore, the ruling that decided the 2000 presidential election and put George W. Bush in the White House, was not a close case or an example of judicial overreaching. “We didn’t inject ourselves into that election,” Scalia said. “It was Al Gore who wanted judges to decide” that the official tally by Florida’s Republican election officials was invalid.
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Posted in Bush v. Gore reflections<http://electionlawblog.org/?cat=5>, Supreme Court<http://electionlawblog.org/?cat=29>
WI: “Senate Republicans take cautious tack on GAB, campaign finance bills”<http://electionlawblog.org/?p=77122>
Posted on October 29, 2015 8:01 am<http://electionlawblog.org/?p=77122> by Rick Hasen<http://electionlawblog.org/?author=3>

Madison.com:<http://host.madison.com/news/local/govt-and-politics/senate-republicans-take-cautious-tack-on-gab-campaign-finance-bills/article_3c7c3abb-809c-5c5d-9fb9-471983a09aa9.html>

Undecided Senate Republicans are grappling with pressure from groups on opposing sides of bills to replace the state’s Government Accountability Board and rewrite state campaign finance law.

The GOP-controlled Assembly voted largely on party lines to pass the<http://host.madison.com/wsj/news/local/govt-and-politics/assembly-votes-to-dismantle-gab-campaign-finance-overhaul-as-democrats/article_c887eeb2-5b62-59de-8217-a57fad8bf70a.html> bills last week, less than two weeks after they were introduced.

But the Senate, also under Republican control, isn’t rushing to get the bills to the desk of Gov. Scott Walker.

“I don’t think there’s any sense of urgency, at least on my part,” Sen. Howard Marklein, R-Spring Green, said Tuesday. “I’m still studying the options.”
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>
“Former lawmakers join campaign-finance fight”<http://electionlawblog.org/?p=77120>
Posted on October 29, 2015 7:58 am<http://electionlawblog.org/?p=77120> by Rick Hasen<http://electionlawblog.org/?author=3>

USA Today<http://onpolitics.usatoday.com/2015/10/28/former-lawmakers-join-campaign-finance-fight/>:

A bipartisan group of former members of Congress and ex-governors is banding together to put a new spin on a long-standing cause: reducing the influence of big money in American elections.

The ReFormers Caucus<https://www.issueone.org/reformers-caucus/>, as the group of more than 100 former officeholders is known, plans to kick off its effort Nov. 5 with an event on Capitol Hill. It’s all part of a push by a group called Issue One to put the spotlight on overhauling the system.

Goals include boosting small donations to campaigns, finding ways to restrict political contributions from lobbyists and unmasking secret contributions made to tax-exempt groups that are active in politics.

The boldfaced political names in the group range from former Senate Majority Leader Tom Daschle and former Utah governor Jon Huntsman to Leon Panetta, a former California congressman who also ran the CIA and the Defense Department. Some, such as Daschle, have ties to the lobbying business themselves.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>


--

Rick Hasen
hasenr at gmail.com<mailto:hasenr at gmail.com>
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