[EL] Hillary CFR

Fri Sep 11 18:05:42 PDT 2015

Why is inter-dependency among citizens and interest groups bad?  It rather
reflects the nature of a free society.

Forward,

Benjamin Barr

On Fri, Sep 11, 2015 at 6:27 PM, Thomas J. Cares <Tom at tomcares.com> wrote:

> In campaign finance reform, if you don't see public campaign financing as
> the crux of the solution, they blew it.
>
> (I'd apologize for using listserv bandwidth for that kind of dicta, but
> it's really past due for that to be accepted. It's so tiring to hear the CU
> hate as if everything were great before CU, or that it was 100% without
> merit to remove those restrictions on political spending, while there's no
> denying that prohibiting certain funding for political persuasion is always
> democratically dangerous. The legitimate problem is dependency - the
> corruption of the republic through candidate dependency on corporate and
> uber-affluent-individual support. As if the optimal solution to this is to
> amend the constitution to exact qualifications onto the first amendment's
> guarantee of free speech, while for only the annual cost of a handful of
> F35s (of which the U.S. Is purchasing ~2500), given to voters as vouchers
> they can give to their favorite candidates, any good candidate can be well
> funded, without depending on financial support from corporations or
> donor-class individuals.)
>
> On Friday, September 11, 2015, Rick Hasen <rhasen at law.uci.edu> wrote:
>
>> “Is Hillary’s New Campaign Finance Reform Plan the Real Deal?”
>> <http://electionlawblog.org/?p=75938>
>> Posted on September 11, 2015 5:08 am
>> <http://electionlawblog.org/?p=75938> by Rick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Justin Miller reports
>> <http://prospect.org/article/hillary%E2%80%99s-new-campaign-finance-reform-plan-real-deal>
>>  for TAP.
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75938&title=%E2%80%9CIs%20Hillary%E2%80%99s%20New%20Campaign%20Finance%20Reform%20Plan%20the%20Real%20Deal%3F%E2%80%9D&description=>
>> Posted in campaign finance <http://electionlawblog.org/?cat=10>,
>> campaigns <http://electionlawblog.org/?cat=59>
>> ‘Kobach debates voter ID laws with KU law professor’
>> <http://electionlawblog.org/?p=75936>
>> Posted on September 11, 2015 4:52 am
>> <http://electionlawblog.org/?p=75936> by Rick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> The *Lawrence Journal-World *reports.
>> <http://www2.ljworld.com/news/2015/sep/10/kobach-debates-voter-id-laws-ku-law-professor/>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75936&title=%E2%80%98Kobach%20debates%20voter%20ID%20laws%20with%20KU%20law%20professor%E2%80%99&description=>
>> Posted in fraudulent fraud squad <http://electionlawblog.org/?cat=8>
>> Big News: Justin Levitt to DOJ <http://electionlawblog.org/?p=75934>
>> Posted on September 10, 2015 7:18 pm
>> <http://electionlawblog.org/?p=75934> by Rick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> My friend, co-blogger,and colleague Justin Levitt
>> <http://www.lls.edu/aboutus/facultyadministration/faculty/facultylistl-r/levittjustin/>will
>> be taking a leave from Loyola (and this blog) to take a position as Deputy
>> Assistant Attorney General in the Civil Rights Division of the Department
>> of Justice, with a focus on voting rights cases etc.  This is the position
>> recently held by Pam Karlan, who has returned to full time teaching at
>> Stanford (Torts! Who knew?).  Justin comes in at a crucial time, with the
>> North Carolina voting case awaiting a decision from the trial court and a
>> likely appeal no matter what happens, and the Texas voting rights case
>> potentially going en banc in the 5th Circuit and/or to the Supreme Court.
>>
>> He’s a very smart fellow, a quite capable lawyer, and a mensch.
>>
>> We will miss him at the blog for the duration of his stay at DOJ.
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75934&title=Big%20News%3A%20Justin%20Levitt%20to%20DOJ&description=>
>> Posted in Department of Justice <http://electionlawblog.org/?cat=26>, election
>> law biz <http://electionlawblog.org/?cat=51>
>> Rep. John Lewis Gives Ari Berman VRA Book Glowing WaPo Review
>> <http://electionlawblog.org/?p=75932>
>> Posted on September 10, 2015 3:16 pm
>> <http://electionlawblog.org/?p=75932> by Rick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Read it here.
>> <https://www.washingtonpost.com/opinions/john-lewis-how-we-won-and-are-losing-the-right-to-vote/2015/09/10/5f77e644-50bc-11e5-933e-7d06c647a395_story.html>
>>
>> And here’s my interview <https://electionlawblog.org/?p=75203> with Ari
>> for the ELB Podcast.
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75932&title=Rep.%20John%20Lewis%20Gives%20Ari%20Berman%20VRA%20Book%20Glowing%20WaPo%20Review&description=>
>> Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>
>> Sen. Murkowski Explains Her Support for Dems’ VRA Fix
>> <http://electionlawblog.org/?p=75929>
>> Posted on September 10, 2015 2:14 pm
>> <http://electionlawblog.org/?p=75929> by Rick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Samantha Lachman reports
>> <http://www.huffingtonpost.com/entry/lisa-murkowski-voting-rights_55f1b9b1e4b002d5c0787513?z9hbmx6r>
>>  for HuffPo.
>>
>> Murkowski explained why she decided to back the bill in a statement
>> Thursday afternoon.
>>
>> “The Voting Rights Act of 1965 brought an end to the ugly Jim Crow period
>> in American history. It is fundamentally important in our system of
>> government that every American be given the opportunity to vote, regardless
>> of who they are, where they live, and what their race or national origin
>> may be,” she said….
>>
>> The powerful nature of the VRA legislation was on display in 2008, when
>> questions from the Justice Department compelled Alaska’s elections office
>>  to withdraw a plan
>> <http://www.adn.com/article/20130627/our-view-or-without-voting-rights-act-states-mission-clear> to
>> close polling places in remote villages. A reauthorization of the VRA in
>> 1975 added new protections for minorities, requiring bilingual election
>> materials to be printed in areas where people of Spanish heritage, Native
>> Americans, Alaska Natives or Asian-Americans constituted more than 5
>> percent of the local voting-age population. Some Republicans were opposed
>> to the new language requirements at the time, and Alaskahas since
>> challenged
>> <http://www.adn.com/article/20140611/protecting-alaska-natives-right-vote-no-matter-what-language-they-speak-critical> the
>> provision.
>>
>> Murkowski has attributed her unprecedented general election victory via
>> a daring write-in campaign
>> <http://www.adn.com/article/alaskas-lisa-murkowski-declares-victory-makes-history> to
>> Alaska Natives, who endorsed her
>> <http://www.adn.com/article/20101021/afn-backs-murkowski-senate> in
>> 2010. She is up for re-election next year.
>>
>>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75929&title=Sen.%20Murkowski%20Explains%20Her%20Support%20for%20Dems%E2%80%99%20VRA%20Fix&description=>
>> Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>, VRAA
>> <http://electionlawblog.org/?cat=81>
>> “Did this shady pro-Bernie Sanders super PAC just dupe James Bond?”
>> <http://electionlawblog.org/?p=75927>
>> Posted on September 10, 2015 11:40 am
>> <http://electionlawblog.org/?p=75927> by Rick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> It’s the wild west
>> <http://www.publicintegrity.org/2015/09/10/17947/did-shady-pro-bernie-sanders-super-pac-just-dupe-james-bond>
>>  out there.
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75927&title=%E2%80%9CDid%20this%20shady%20pro-Bernie%20Sanders%20super%20PAC%20just%20dupe%20James%20Bond%3F%E2%80%9D&description=>
>> Posted in campaign finance <http://electionlawblog.org/?cat=10>,
>> campaigns <http://electionlawblog.org/?cat=59>
>> “Restoring the Voting Rights Act Now Has Bipartisan Support”
>> <http://electionlawblog.org/?p=75925>
>> Posted on September 10, 2015 11:38 am
>> <http://electionlawblog.org/?p=75925> by Rick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Ari Berman
>> <http://www.thenation.com/article/restoring-the-voting-rights-act-now-has-bipartisan-support/>
>>  on Senator Murkowski.
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75925&title=%E2%80%9CRestoring%20the%20Voting%20Rights%20Act%20Now%20Has%20Bipartisan%20Support%E2%80%9D&description=>
>> Posted in Uncategorized <http://electionlawblog.org/?cat=1>, Voting
>> Rights Act <http://electionlawblog.org/?cat=15>, VRAA
>> <http://electionlawblog.org/?cat=81>
>> ‘New Hampshire Primary Source: Kasich backers say he filmed super PAC ads
>> before becoming a candidate” <http://electionlawblog.org/?p=75923>
>> Posted on September 10, 2015 11:13 am
>> <http://electionlawblog.org/?p=75923> by Rick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> WMUR
>> <http://www.wmur.com/politics/new-hampshire-primary-source-prokasich-super-pac-ads-scrutinized/35181132>
>> :
>>
>> But proving that there is illegal coordination is tough. A plethora of FEC
>> rules <http://www.fec.gov/pages/brochures/indexp.shtml#CC> focus on
>> three “prongs,” regarding payment, content and conduct.
>>
>> Pro-candidate super PAC ads look very much like ads by the candidates’
>> campaign committees themselves. In most cases, the candidates appear in the
>> super PAC ads in “B” roll, talking to voters on the streets and at town
>> halls, shaking hands – generally speaking, campaigning.
>>
>> But the pro-Kasich A New Day for America super PAC is a bit different. In
>> its ads (clickhere <https://www.youtube.com/watch?v=Dg9Liwfs_tI>, here
>> <https://www.youtube.com/watch?v=S5MHotEOO-4#action=share>, and, for a
>> five-minute video, here
>> <https://www.youtube.com/watch?v=1PqA6S7rMnk#action=share>), the Ohio
>> governor speaks directly into the camera about his experience as governor
>> and a member of the U.S. House. He talks about his father, who was a
>> mailman.
>>
>> They’re strong ads, and they’re part of the formula that’s getting
>> results for Kasich.
>>
>> But are the ads legal?
>>
>> How can the super PAC not be coordinating with the campaign when the
>> candidate is brought into a room to speak directly into the camera?
>>
>> “The envelope is being pushed more all the time,” regarding FEC rules on
>> illegal coordination, said Viveca Novak, communications director for the
>> nonpartisan Center for Responsive Politics. “It’s everything from Jeb Bush
>> basically setting up his super PAC and raising big money for it before he
>> declared his candidacy to super PACs organizing town halls, as is the case
>> with Bobby Jindal.”
>>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75923&title=%E2%80%98New%20Hampshire%20Primary%20Source%3A%20Kasich%20backers%20say%20he%20filmed%20super%20PAC%20ads%20before%20becoming%20a%20candidate%E2%80%9D&description=>
>> Posted in campaign finance <http://electionlawblog.org/?cat=10>,
>> campaigns <http://electionlawblog.org/?cat=59>
>> “Seventh Circuit Strikes Down Limited Voting for Indianapolis Judicial
>> Races” <http://electionlawblog.org/?p=75921>
>> Posted on September 10, 2015 10:31 am
>> <http://electionlawblog.org/?p=75921> by Rick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Ballot Access News:
>> <http://ballot-access.org/2015/09/10/seventh-circuit-strikes-down-limited-voting-for-indianapolis-judicial-races/>
>>
>> On September 9, the Seventh Circuit agreed with the U.S. District Court
>> that Indiana cannot provide for limited voting in partisan judicial races.
>> The case is Common Cause Indiana v Individual Members of the Indiana
>> Election Commission, 14-3300. Here is the 32-page opinion
>> <http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2015/D09-09/C:14-3300:J:Springmann:aut:T:fnOp:N:1618296:S:0>
>> .
>>
>> Indiana’s limited voting law only applies to Marion County, which is
>> identical to the city of Indianapolis. The law says no party may run
>> candidates for more than half the seats for Superior Court Judge. Some
>> years 16 seats are up; in those years no party may run more than 8
>> nominees. Other years, 20 seats are up; in those years no party may run
>> more than 10 nominees. The purpose of the law is to prevent one party from
>> winning all the races.
>>
>> The decision is on shaky grounds, because elsewhere around the nation,
>> limited voting has been upheld.
>>
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75921&title=%E2%80%9CSeventh%20Circuit%20Strikes%20Down%20Limited%20Voting%20for%20Indianapolis%20Judicial%20Races%E2%80%9D&description=>
>> Posted in alternative voting systems <http://electionlawblog.org/?cat=63>
>> , judicial elections <http://electionlawblog.org/?cat=19>
>> Sen. Murkowski Co-Sponsors Dem Bill to Fix Voting Rights Act
>> <http://electionlawblog.org/?p=75919>
>> Posted on September 10, 2015 9:40 am
>> <http://electionlawblog.org/?p=75919> by Rick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> This
>> <https://www.congress.gov/bill/114th-congress/senate-bill/1659/cosponsors>
>>  is surprising (via Ari Berman
>> <https://twitter.com/AriBerman/status/642013147583393793>).
>>
>> For those keeping track, Rep. Sensenbrenner, a Republican, worked mostly
>> with Democrats on the Voting Rights Amendment Act, which was seen by
>> Democrats as a fairly watered down measure to restore a preclearance regime
>> for voting changes which were lost when the Supreme Court decided *Shelby
>> County v. Holder*. The measure has gone nowhere, in part because it was
>> thought that Rep. Eric Cantor would have pushed it (but he lost in the 2014
>> Republican primary).
>>
>> In response to lack of movement on this legislation, Democrats pushed the
>> Voting Rights *Advancement* Act, which is stronger in terms of which
>> states get covered and how.  Sensenbrenner would not sign on to this one.
>> But now Senator Murkowski becomes the first prominent Republican to do so.
>> [image: Share]
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75919&title=Sen.%20Murkowski%20Co-Sponsors%20Dem%20Bill%20to%20Fix%20Voting%20Rights%20Act&description=>
>> Posted in Voting Rights Act <http://electionlawblog.org/?cat=15>, VRAA
>> <http://electionlawblog.org/?cat=81>
>>
>> --
>> Rick Hasen
>> Chancellor's Professor of Law and Political Science
>> UC Irvine School of Law
>> 401 E. Peltason Dr., Suite 1000
>> Irvine, CA 92697-8000949.824.3072 - office949.824.0495 - faxrhasen at law.uci.eduhttp://www.law.uci.edu/faculty/full-time/hasen/http://electionlawblog.org
>>
>>
>
> --
>
>
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