[EL] ELB News and Commentary 9/10/15
Rick Hasen
rhasen at law.uci.edu
Thu Sep 10 09:24:10 PDT 2015
“For Biden, calendar makes his 2016 decision tough to delay”
<http://electionlawblog.org/?p=75917>
Posted onSeptember 10, 2015 9:14 am
<http://electionlawblog.org/?p=75917>byRick Hasen
<http://electionlawblog.org/?author=3>
AP
<http://www.sunherald.com/2015/09/10/6406557/for-biden-calendar-makes-his-2016.html>:
The process to get on the ballot varies greatly from state to state,
creating a maze of requirements that campaigns must meet: petitions
to be collected, signatures to be counted and notifications made to
political parties, elections boards and state agencies. Caucus
states like Iowa generally require far less legwork. Some states
require a specific number of petition signatures from each
congressional district. In Virginia, the people who collect the
signatures must be Virginia residents.
Don’t make the ballot in time? You lose the chance to win any of
those state’s delegates. A Brookings Institution analysis this week
found that a candidate who misses the filing deadlines through
January could forfeit as many as 2,232 delegates, a current estimate
of the number needed to win the nomination.
While Clinton has hundreds of campaign staffers in Brooklyn and
across the country who have been working the process for months,
Biden would have to play catch-up in a matter of weeks. Over the
summer, Biden’s political advisers started researching filing
deadlines and other logistical requirements, aides said, but can’t
start actively organizing unless and until he takes formal steps to
enter the race.
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Posted inballot access <http://electionlawblog.org/?cat=46>,campaigns
<http://electionlawblog.org/?cat=59>
“San Jose commission will investigate nearly the entire City
Council” <http://electionlawblog.org/?p=75915>
Posted onSeptember 10, 2015 9:10 am
<http://electionlawblog.org/?p=75915>byRick Hasen
<http://electionlawblog.org/?author=3>
San Jose Mercury News
<http://www.mercurynews.com/bay-area-news/ci_28786996/san-jose-commission-will-investigate-nearly-entire-city>:
In what can only be described as a legal quagmire and a political
nightmare for public officials, the city’s Ethics Commission decided
Wednesday to launch an investigation of nearly 40 City Council
members and candidates who violated a local election law.
The commission determined the unprecedented broad investigation
was the only way to stop people from filing individual complaints
against each violator. Nearly every member of the City Council,
including Mayor Sam Liccardo and other longtime politicians,
violated the city’s election code by failing to properly report late
campaign contributions. The widespread problem was discovered after
Councilman Manh Nguyen was investigated in June for missing or late
campaign filings. The commission, without knowing about the dozens
of other violators, slapped Nguyen with a $10,000 fine.
But Nguyen and other council members blamed the city clerk for
doling out bad advice that led to confusion about filing deadlines.
City Clerk Toni Taber acknowledged the error, apologized multiple
times and urged the commission to dismiss Nguyen’s $10,000 penalty.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,ethics
investigations <http://electionlawblog.org/?cat=42>
“LLC loophole penalty could hinder NY donors”
<http://electionlawblog.org/?p=75913>
Posted onSeptember 10, 2015 9:06 am
<http://electionlawblog.org/?p=75913>byRick Hasen
<http://electionlawblog.org/?author=3>
Times Union
<http://www.timesunion.com/local/article/Penalty-could-hinder-donors-6492180.php>:
A settlement struck in a lawsuit targeting the so-called “LLC
loophole” in New York election law yielded a $10,000 penalty and
could pave the way to future state cases challenging limited
liability company donations.
Because this one was settled out of court, however, it’s unclear
whether the strategy of the plaintiff, stateBoard of Elections Chief
Enforcement Counsel Risa Sugarman
<http://www.timesunion.com/search/?action=search&channel=local&inlineLink=1&searchindex=gsa&query=%22Board+of+Elections+Chief+Enforcement+Counsel+Risa+Sugarman%22>,
will ultimately hold up to legal scrutiny and curb donors’ long-term
use of a quirk in election law. Still, legal experts said, the
payment secured by Sugarman and the precedent of the settlement
could act as a near-term deterrent to LLC giving.
Share
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Federal judge orders Utah and Republican Party to try to resolve
election law lawsuit” <http://electionlawblog.org/?p=75911>
Posted onSeptember 10, 2015 9:04 am
<http://electionlawblog.org/?p=75911>byRick Hasen
<http://electionlawblog.org/?author=3>
AP
<http://www.therepublic.com/view/story/5bc7cecfb0744706b93498a0222a5824/UT--Utah-Election-Changes>:
The disputed law, approved in 2014 by Utah’s GOP governor and
Republican-dominated Legislature, allows candidates to bypass a
caucus and convention system and instead try to become a party’s
nominee by gathering signatures and participating in primary elections.
Republican Party leaders sued in December to strike down the law,
arguing they have a constitutional right to determine how they pick
candidates.
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Posted inpolitical parties
<http://electionlawblog.org/?cat=25>,primaries
<http://electionlawblog.org/?cat=32>
“Connecticut Launching Registrar Certification Course After Election
Day Missteps” <http://electionlawblog.org/?p=75909>
Posted onSeptember 10, 2015 9:01 am
<http://electionlawblog.org/?p=75909>byRick Hasen
<http://electionlawblog.org/?author=3>
WNPR reports
<http://wnpr.org/post/connecticut-launching-registrar-certification-course-after-election-day-missteps#stream/0>.
More fromDoug Chapin <http://t.co/h6pxYD2ngu>.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Reform Groups Call on IRS to End Misuse of Nonprofits to Launder
Secret Contributions into Federal Elections”
<http://electionlawblog.org/?p=75904>
Posted onSeptember 9, 2015 9:50 am
<http://electionlawblog.org/?p=75904>byRick Hasen
<http://electionlawblog.org/?author=3>
Democracy 21 release.
<http://www.democracy21.org/money-in-politics/letters-to-the-irs/reform-groups-call-on-irs-to-end-misuse-of-nonprofits-to-launder-secret-contributions-into-federal-elections/>
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Why Clinton’s big campaign finance proposal could lead to more
partisan gridlock” <http://electionlawblog.org/?p=75902>
Posted onSeptember 9, 2015 9:47 am
<http://electionlawblog.org/?p=75902>byRick Hasen
<http://electionlawblog.org/?author=3>
Wonkblog
<http://www.washingtonpost.com/news/wonkblog/wp/2015/09/09/why-clintons-big-campaign-finance-proposal-could-lead-to-more-partisan-gridlock/>:
Clinton didn’t offer many details about her plan. Her campaign did
not specify how much candidates would receive in matching funds or
up to what limit, but according to her plan, candidates would have
to raise a certain amount in order to qualify. That minimum would
prevent candidates with no support from spending taxpayer funds on
pointless campaigns.
Rick Hasen, a legal scholar at the University of California, Irvine,
said Clinton had “a sensible approach,” adding, “We know it works in
New York.”
He and other experts have also proposed a different system, in which
each voter would get a voucher from the government which they
could give to the candidate of their choice, instead of putting up
cash. Making it free to donate could encourage more moderate voters
to participate.
Others argued that giving voters with divergent views more power
isn’t necessarily bad. Voters labeled extreme with the measures used
by political scientists are often just more consistently liberal or
conservative, which doesn’t mean their opinions are wrong.
“It doesn’t meant they’re wild eyed extremists. They have more
consistent views. That’s a good thing,” said Tom Mann, a scholar at
the Brookings Institution.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
NYT Room for Debate Considers Third Party Candidates
<http://electionlawblog.org/?p=75900>
Posted onSeptember 9, 2015 8:08 am
<http://electionlawblog.org/?p=75900>byRick Hasen
<http://electionlawblog.org/?author=3>
Here.
<http://www.nytimes.com/roomfordebate/2015/09/09/the-power-of-third-party-campaigns>
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Posted incampaigns <http://electionlawblog.org/?cat=59>,third parties
<http://electionlawblog.org/?cat=47>
“Sheldon Adelson Is Ready to Buy the Presidency. He just hasn’t
decided which Republican candidate to back. Care to make a pitch?”
<http://electionlawblog.org/?p=75898>
Posted onSeptember 9, 2015 8:02 am
<http://electionlawblog.org/?p=75898>byRick Hasen
<http://electionlawblog.org/?author=3>
New York magazine.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
--
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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