[EL] Congressional candidate caught in bed with head of super PAC

Thomas J. Cares Tom at tomcares.com
Fri Apr 1 07:57:33 PDT 2016


I'm surprised it's not already commonplace for candidates' spouses or
serious romantic partners to run super pacs. (Is that explicitly illegal?)

The email may be very well done in a predictive capacity. I would not be
surprised if close romantic partners start to run candidates' super pacs.
If there's nothing illegal about a spouse doing it, it may be harder to
prosecute because of spousal privilege.

An impassioned Trump/Hillary contest may inspire a civil war.

But really, the Senate continuing to not consider a SCOTUS nominee
indefinitely does seem plausible. I could see Republicans liking the idea
of a split court that can't overrule a State Supreme Court or a
conservative circuit. If dems never get a filibuster-proof 60, there might
be 8 until there are 7.

And I would imagine at least 1 person with a funny name or accent in a red
state will be treated badly, for those reasons, when trying to vote.

On Friday, April 1, 2016, Sean Parnell <sean at impactpolicymanagement.com>
wrote:

> I’m not sure what it says about me, but my first reaction was “Hey, San
> Dimas – their high school football team rules
> <https://www.youtube.com/watch?v=FgAGkxAtzIg>, right?”
>
>
>
> Sean
>
>
>
> *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, April 1, 2016 10:22 AM
> *To:* law-election at department-lists.uci.edu
> *Subject:* Re: [EL] Congressional candidate caught in bed with head of
> super PAC
>
>
>
> :-)
>
> On 4/1/16 9:13 AM, Craig Holman wrote:
>
> Every April 1, Rick reminds me that I am utterly devoid of a sense of
> humor. Last April Fool's Day, I was furiously researching the court
> decision that Rick blogged about which declared that bribery is a First
> Amendment right -- futilely, of course. This April Fool's I was researching
> a coordination complaint about a candidate in bed with the head of a super
> PAC.
>
>
>
> Craig Holman, Ph.D.
> Government Affairs Lobbyist
> Public Citizen
> 215 Pennsylvania Avenue SE
> Washington, D.C. 20003
> T-(202) 454-5182
> C-(202) 905-7413
> F-(202) 547-7392
> Holman at aol.com
>
>
>
> -----Original Message-----
> From: Rick Hasen <rhasen at law.uci.edu>
> To: law-election <law-election at UCI.edu>
> Sent: Fri, Apr 1, 2016 8:51 am
> Subject: [EL] ELB News and Commentary 4/1/16
> “Congressional Candidate Caught in Bed with Head of Supportive Super PAC”
> <http://electionlawblog.org/?p=81422>
>
> Posted on April 1, 2016 5:46 am <http://electionlawblog.org/?p=81422> by *Rick
> Hasen* <http://electionlawblog.org/?author=3>
>
> Roll Call HOH <https://youtu.be/5JV_hzOdoSU>:
>
> *A congressional candidate running for office in San Dimas, California was
> found naked in bed in a hotel room with the head of a supportive Super PAC,
> after hotel security responded to calls of loud noises emanating from the
> room.*
>
> *While the candidate’s spokesperson did not deny that the candidate was
> caught in bed with the head of the Super PAC, he denied that there was any
> illegal coordination violating federal election laws. “So long as there was
> no discussion of advertising or campaign strategy, this is completely
> kosher,” the spokesperson explained. Officials at the FEC refused to
> comment on the specifics of the case, noting that it could be the subject
> of an official complaint, but sources within the agency indicated the
> agency would likely split 3-3 should the question come before the
> Commission.*
>
> [image: Share]
>
> Posted in campaign finance <http://electionlawblog.org/?cat=10>
> “Kobach: Okay for Poll Workers to Question People with ‘Funny Accents,’
> ‘Strange Names'” <http://electionlawblog.org/?p=81420>
>
> Posted on April 1, 2016 5:34 am <http://electionlawblog.org/?p=81420> by *Rick
> Hasen* <http://electionlawblog.org/?author=3>
>
> Wichita Eagle
> <http://adage.com/article/campaign-trail/esurance-offers-election-insurance/303345/>
> :
>
> *Kansas Secretary of State Kris Kobach, who has made stopping illegal
> immigration and voter fraud a cornerstone of his policies, and to whom the
> Kansas legislature has given prosecutorial powers
> <http://cjonline.com/news/2015-06-08/brownback-signs-bill-giving-kobach-prosecution-power>over
> election fraud, said it is perfectly appropriate for poll workers to give
> greater scrutiny to “voters who raise suspicions, such as those with funny
> accents, strange names, or other indicia they might be trying to defraud
> the people of Kansas.”*
>
> *“Look, just like police engage in racial profiling for a reason, there’s
> a reason we might want to target those who are different from normal
> Kansans for special scrutiny,” said Kobach, who has drawn the ire of
> Democrats and voting rights groups. Despite Kobach’s rhetoric, his office
> has uncovered and prosecuted only a handful of voter fraud claims
> <http://cjonline.com/news/2015-06-08/brownback-signs-bill-giving-kobach-prosecution-power> in
> Kansas.*
>
> [image: Share]
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81420&title=%26%238220%3BKobach%3A%20Okay%20for%20Poll%20Workers%20to%20Question%20People%20with%20%26%238216%3BFunny%20Accents%2C%26%238217%3B%20%26%238216%3BStrange%20Names%27%26%238221%3B&description=%E2%80%9CCongressional%20Candidate%20Caught%20in%20Bed%20with%20Head%20of%20Supportive%20Super%20PAC%E2%80%9D%0APosted%20on%20April%201%2C%202016%205%3A46%20am%20by%20Rick%20Hasen%0ARoll%20Call%20HOH%3A%0A%0AA%20congressional%20candidate%20running%20for%20office%20in%20San%20Dimas%2C%20California%20was%20found%20naked%20in%20bed%20in%20a%20hotel%20room%20with%20the%20head%20of%20a%20supportive%20Super%20PAC%2C%20after%20hotel%20security%20responded%20to%20calls%20of%20loud%20noises%20emanating%20from%20the%20room.%0A%0AWhile%20the%20candidate%E2%80%99s%20spokesperson%20did%20not%20deny%20that%20the%20candidate%20was%20caught%20in%20bed%20with%20the%20head%20of%20the%20Super%20PAC%2C%20he%20denied%0A%20that%20there%20was%20any%20illegal%20coordination%20violated%20federal%20election%20laws.%20%E2%80%9CSo%20long%20as%20there%20was%20no%20discussion%20of%20advertising%20or%20campaign%20strategy%2C%20this%20is%20completely%20kosher%2C%E2%80%9D%20the%20spokesperson%20explained.%20Officials%20at%20the%20FEC%20refused%20to%20comment%20on%20the%20specifics%20of%20the%20case%2C%20noting%20that%20it%20could%20be%20the%20subject%20of%20an%20official%20complaint%2C%20but%20sources%20within%20the%20agency%20indicated%20the%20agency%20would%20likely%20split%203-3%20should%20the%20question%20come%20before%20the%20Commission.%0A%0A%0APosted%20in%20campaign%20finance%0A%E2%80%9CKobach%3A%20Okay%20for%20Poll%20Workers%20to%20Question%20People%20with%20%E2%80%98Funny%20Accents%2C%E2%80%99%20%E2%80%98Strange%20Names%27%E2%80%9D%0APosted%20on%20April%201%2C%202016%205%3A34%20am%20by%20Rick%20Hasen%0AWichita%20Eagle%3A%0A%0AKansas%20Secretary%20of%20State%20Kris%20Kobach%2C%20who%20has%20made%20stopp%0Aing%20illegal%20immigration%20and%20voter%20fraud%20a%20cornerstone%20of%20his%20policies%2C%20and%20to%20whom%20the%20Kansas>
>
> Posted in fraudulent fraud squad <http://electionlawblog.org/?cat=8>
> “Ducey signs campaign finance bill assailed by critics as pro-dark money”
> <http://electionlawblog.org/?p=81418>
>
> Posted on April 1, 2016 5:19 am <http://electionlawblog.org/?p=81418> by *Rick
> Hasen* <http://electionlawblog.org/?author=3>
>
> Arizona Capitol Times
> <http://azcapitoltimes.com/news/2016/03/31/ducey-signs-campaign-finance-bill-assailed-by-critics-as-pro-dark-money/>
> :
>
> *Gov. Doug Ducey signed a bill that completely rewrites Arizona’s campaign
> finance laws, including a provision that critics say will open the state up
> to more dark money in elections.*
>
> *Secretary of State Michele Reagan pushed SB1516 with the stated goal of
> simplifying Arizona’s outdated campaign finance statutes. Most of the
> bill’s provisions have been noncontroversial.*
>
> *But several key parts of the law have raised the ire of legislative
> Democrats and others would make it far more difficult for state elections
> officials to crack down on nonprofit groups that break the rules in
> spending dark money.*
>
> [image: Share]
>
> Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
> and election law <http://electionlawblog.org/?cat=22>
> “No, Commissioner Weintraub, the FEC Can’t Circumvent Citizens United”
> <http://electionlawblog.org/?p=81416>
>
> Posted on April 1, 2016 5:15 am <http://electionlawblog.org/?p=81416> by *Rick
> Hasen* <http://electionlawblog.org/?author=3>
>
> Allen Dickerson
> <http://www.huffingtonpost.com/allen-dickerson/no-commissioner-weintraub_b_9585932.html>
> :
>
> *In an opinion piece
> <http://www.nytimes.com/2016/03/30/opinion/taking-n-citizens-united.html?_r=1> published
> yesterday in The New York Times, Ellen Weintraub, a member of the Federal
> Election Commission, suggests a way to “blunt the impact” ofCitizens United
> v. FEC. There are reasons to question the propriety of a federal officer
> attempting to “blunt” a First Amendment ruling against her agency, and I am
> unaware of another federal entity whose commissioners routinely take to the
> pages of major newspapers to decry binding Supreme Court precedent. But no
> matter how attractive you find her proposed “zero-tolerance standard,”
> under which any corporation with even a single foreign shareholder could be
> barred from any political activity, her proposal relies on a number of
> fatal legal errors.*
>
> [image: Share]
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81416&title=%26%238220%3BNo%2C%20Commissioner%20Weintraub%2C%20the%20FEC%20Can%E2%80%99t%20Circumvent%20Citizens%20United%26%238221%3B&description=%E2%80%9CCongressional%20Candidate%20Caught%20in%20Bed%20with%20Head%20of%20Supportive%20Super%20PAC%E2%80%9D%0APosted%20on%20April%201%2C%202016%205%3A46%20am%20by%20Rick%20Hasen%0ARoll%20Call%20HOH%3A%0A%0AA%20congressional%20candidate%20running%20for%20office%20in%20San%20Dimas%2C%20California%20was%20found%20naked%20in%20bed%20in%20a%20hotel%20room%20with%20the%20head%20of%20a%20supportive%20Super%20PAC%2C%20after%20hotel%20security%20responded%20to%20calls%20of%20loud%20noises%20emanating%20from%20the%20room.%0A%0AWhile%20the%20candidate%E2%80%99s%20spokesperson%20did%20not%20deny%20that%20the%20candidate%20was%20caught%20in%20bed%20with%20the%20head%20of%20the%20Super%20PAC%2C%20he%20denied%20that%20there%20was%20any%20illegal%20coordination%20v%0Aiolated%20federal%20election%20laws.%20%E2%80%9CSo%20long%20as%20there%20was%20no%20discussion%20of%20advertising%20or%20campaign%20strategy%2C%20this%20is%20completely%20kosher%2C%E2%80%9D%20the%20spokesperson%20explained.%20Officials%20at%20the%20FEC%20refused%20to%20comment%20on%20the%20specifics%20of%20the%20case%2C%20noting%20that%20it%20could%20be%20the%20subject%20of%20an%20official%20complaint%2C%20but%20sources%20within%20the%20agency%20indicated%20the%20agency%20would%20likely%20split%203-3%20should%20the%20question%20come%20before%20the%20Commission.%0A%0A%0APosted%20in%20campaign%20finance%0A%E2%80%9CKobach%3A%20Okay%20for%20Poll%20Workers%20to%20Question%20People%20with%20%E2%80%98Funny%20Accents%2C%E2%80%99%20%E2%80%98Strange%20Names%27%E2%80%9D%0APosted%20on%20April%201%2C%202016%205%3A34%20am%20by%20Rick%20Hasen%0AWichita%20Eagle%3A%0A%0AKansas%20Secretary%20of%20State%20Kris%20Kobach%2C%20who%20has%20made%20stopping%20illegal%20immigration%20and%20voter%20fraud%20a%20%0Acornerstone%20of%20his%20policies%2C%20and%20to%20whom%20the%20Kansas%20legislature%20has%20given%20prosecutorial%20powers%20>
>
> Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal
> election commission <http://electionlawblog.org/?cat=24>
> “McConnell: Likely No Vote for Democratic #SCOTUS Nominee Before 2020”
> <http://electionlawblog.org/?p=81414>
>
> Posted on April 1, 2016 5:12 am <http://electionlawblog.org/?p=81414> by *Rick
> Hasen* <http://electionlawblog.org/?author=3>
>
> WaPo <http://bgr.com/2016/04/01/google-gmail-drop-mic-april-fools/>:
>
> *Facing the increasing prospect of a Hillary Clinton presidency, Senate
> majority leader Mitch McConnell (R-Ky) sought to lay the groundwork for
> denying Democrats a crucial fifth vote on the United States Supreme Court
> well past Inauguration Day in January.*
>
> *According to a Republican insider, who asked for anonymity in order to
> speak frankly about internal political strategy, the increasing chances of
> a Donald Trump Republican nomination and a loss to Democrats in
> November has led to new strategies for delay. “McConnell’s pitch is going
> to be this: we’ve already said
> <http://www.cnn.com/2016/02/23/politics/joe-biden-supreme-court-senate-republicans/> that
> the next Supreme Court appointment is so crucial to our country that we
> should let the people vote before making such a crucial decision. And while
> it’s true we’ll be choosing a president and one-third of the Senators in
> 2016, the other two-thirds won’t be chosen until 2018 and 2020. Only after
> these votes is it fair to consider whether to confirm a president’s
> nominee.”*
>
> *After the Supreme Court’s 4-4 deadlock
> <https://www.washingtonpost.com/politics/courts_law/supreme-court-deadlocks-over-public-employee-union-case-calif-teachers-must-pay-dues/2016/03/29/b99faa30-f5b7-11e5-9804-537defcc3cf6_story.html> in
> a case last week involving the power of public sector unions, everyone
> recognizes the stakes of who controls the Supreme Court could not be
> higher. According to the insider, McConnell told fellow Republican senators
> that he agreed with Donald Trump on one thing: “Delay, delay, delay.
> <http://dailycaller.com/2016/02/13/trump-delay-delay-delay-a-supreme-court-appointment-video/>“*
>
> [image: Share]
>
> Posted in Supreme Court <http://electionlawblog.org/?cat=29>
> “How to Hack an Election” <http://electionlawblog.org/?p=81412>
>
> Posted on April 1, 2016 4:38 am <http://electionlawblog.org/?p=81412> by *Rick
> Hasen* <http://electionlawblog.org/?author=3>
>
> Bloomberg
> <http://www.bloomberg.com/features/2016-how-to-hack-an-election/?cmpid=BBD040116_POL&utm_medium=email&utm_source=newsletter&utm_campaign=>
> :
>
> *For eight years, Sepúlveda, now 31, says he traveled the continent
> rigging major political campaigns. With a budget of $600,000, the Peña
> Nieto job was by far his most complex. He led a team of hackers that stole
> campaign strategies, manipulated social media to create false waves of
> enthusiasm and derision, and installed spyware in opposition offices, all
> to help Peña Nieto, a right-of-center candidate, eke out a victory. On that
> July night, he cracked bottle after bottle of Colón Negra beer in
> celebration. As usual on election night, he was alone.*
>
> *Sepúlveda’s career began in 2005, and his first jobs were small—mostly
> defacing campaign websites and breaking into opponents’ donor databases.
> Within a few years he was assembling teams that spied, stole, and smeared
> on behalf of presidential campaigns across Latin America. He wasn’t cheap,
> but his services were extensive. For $12,000 a month, a customer hired a
> crew that could hack smartphones, spoof and clone Web pages, and send mass
> e-mails and texts. The premium package, at $20,000 a month, also included a
> full range of digital interception, attack, decryption, and defense. The
> jobs were carefully laundered through layers of middlemen and consultants.
> Sepúlveda says many of the candidates he helped might not even have known
> about his role; he says he met only a few.*
>
> *His teams worked on presidential elections in Nicaragua, Panama,
> Honduras, El Salvador, Colombia, Mexico, Costa Rica, Guatemala, and
> Venezuela. Campaigns mentioned in this story were contacted through former
> and current spokespeople; none but Mexico’s PRI and the campaign of
> Guatemala’s National Advancement Party would comment.*
>
> [image: Share]
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81412&title=%26%238220%3BHow%20to%20Hack%20an%20Election%26%238221%3B&description=%E2%80%9CCongressional%20Candidate%20Caught%20in%20Bed%20with%20Head%20of%20Supportive%20Super%20PAC%E2%80%9D%0APosted%20on%20April%201%2C%202016%205%3A46%20am%20by%20Rick%20Hasen%0ARoll%20Call%20HOH%3A%0A%0AA%20congressional%20candidate%20running%20for%20office%20in%20San%20Dimas%2C%20California%20was%20found%20naked%20in%20bed%20in%20a%20hotel%20room%20with%20the%20head%20of%20a%20supportive%20Super%20PAC%2C%20after%20hotel%20security%20responded%20to%20calls%20of%20loud%20noises%20emanating%20from%20the%20room.%0A%0AWhile%20the%20candidate%E2%80%99s%20spokesperson%20did%20not%20deny%20that%20the%20candidate%20was%20caught%20in%20bed%20with%20the%20head%20of%20the%20Super%20PAC%2C%20he%20denied%20that%20there%20was%20any%20illegal%20coordination%20violated%20federal%20election%20laws.%20%E2%80%9CSo%20long%20as%20%0Athere%20was%20no%20discussion%20of%20advertising%20or%20campaign%20strategy%2C%20this%20is%20completely%20kosher%2C%E2%80%9D%20the%20spokesperson%20explained.%20Officials%20at%20the%20FEC%20refused%20to%20comment%20on%20the%20specifics%20of%20the%20case%2C%20noting%20that%20it%20could%20be%20the%20subject%20of%20an%20official%20complaint%2C%20but%20sources%20within%20the%20agency%20indicated%20the%20agency%20would%20likely%20split%203-3%20should%20the%20question%20come%20before%20the%20Commission.%0A%0A%0APosted%20in%20campaign%20finance%0A%E2%80%9CKobach%3A%20Okay%20for%20Poll%20Workers%20to%20Question%20People%20with%20%E2%80%98Funny%20Accents%2C%E2%80%99%20%E2%80%98Strange%20Names%27%E2%80%9D%0APosted%20on%20April%201%2C%202016%205%3A34%20am%20by%20Rick%20Hasen%0AWichita%20Eagle%3A%0A%0AKansas%20Secretary%20of%20State%20Kris%20Kobach%2C%20who%20has%20made%20stopping%20illegal%20immigration%20and%20voter%20fraud%20a%20cornerstone%20of%20his%20policies%2C%20and%20to%20whom%20the%20Ka%0Ansas%20legislature%20has%20given%20prosecutorial%20powers%20over%20election%20fraud%2C%20said%20it%20is%20perfectly%20appropr>
>
> Posted in chicanery <http://electionlawblog.org/?cat=12>
> “Dead cat at heart of Florida election controversy”
> <http://electionlawblog.org/?p=81410>
>
> Posted on April 1, 2016 4:36 am <http://electionlawblog.org/?p=81410> by *Rick
> Hasen* <http://electionlawblog.org/?author=3>
>
> Marc Caputo
> <http://www.capitalnewyork.com/article/florida/2016/04/8595443/dead-cat-heart-florida-election-controversy>
> :
>
> *Gracey Duncan seemed to be the type of Floridian a nonprofit
> voter-registration group wanted to get on the rolls to start participating
> in elections.*
>
> *But two problems stood in the way: Gracey is a cat. And she’s dead.*
>
> *“Why is my (dead)cat getting #voterregistration apps? This is #2,”
> Gracey’s confused former owner, Julie Duncan, asked her local election
> supervisor via Twitter
> <https://twitter.com/MikeErtel/status/715289305795661824>.*
>
> *The easy answer to Duncan’s question is that a database mix-up or
> mismatch led the nonprofit Voter Participation Center to think “Gracey
> Duncan” was the type of person — a minority or single woman — the
> liberal-leaning group wants to register ahead of the presidential election.*
>
> [image: Share]
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81410&title=%26%238220%3BDead%20cat%20at%20heart%20of%20Florida%20election%20controversy%26%238221%3B&description=%E2%80%9CCongressional%20Candidate%20Caught%20in%20Bed%20with%20Head%20of%20Supportive%20Super%20PAC%E2%80%9D%0APosted%20on%20April%201%2C%202016%205%3A46%20am%20by%20Rick%20Hasen%0ARoll%20Call%20HOH%3A%0A%0AA%20congressional%20candidate%20running%20for%20office%20in%20San%20Dimas%2C%20California%20was%20found%20naked%20in%20bed%20in%20a%20hotel%20room%20with%20the%20head%20of%20a%20supportive%20Super%20PAC%2C%20after%20hotel%20security%20responded%20to%20calls%20of%20loud%20noises%20emanating%20from%20the%20room.%0A%0AWhile%20the%20candidate%E2%80%99s%20spokesperson%20did%20not%20deny%20that%20the%20candidate%20was%20caught%20in%20bed%20with%20the%20head%20of%20the%20Super%20PAC%2C%20he%20denied%20that%20there%20was%20any%20illegal%20coordination%20violated%20federal%20election%20la%0Aws.%20%E2%80%9CSo%20long%20as%20there%20was%20no%20discussion%20of%20advertising%20or%20campaign%20strategy%2C%20this%20is%20completely%20kosher%2C%E2%80%9D%20the%20spokesperson%20explained.%20Officials%20at%20the%20FEC%20refused%20to%20comment%20on%20the%20specifics%20of%20the%20case%2C%20noting%20that%20it%20could%20be%20the%20subject%20of%20an%20official%20complaint%2C%20but%20sources%20within%20the%20agency%20indicated%20the%20agency%20would%20likely%20split%203-3%20should%20the%20question%20come%20before%20the%20Commission.%0A%0A%0APosted%20in%20campaign%20finance%0A%E2%80%9CKobach%3A%20Okay%20for%20Poll%20Workers%20to%20Question%20People%20with%20%E2%80%98Funny%20Accents%2C%E2%80%99%20%E2%80%98Strange%20Names%27%E2%80%9D%0APosted%20on%20April%201%2C%202016%205%3A34%20am%20by%20Rick%20Hasen%0AWichita%20Eagle%3A%0A%0AKansas%20Secretary%20of%20State%20Kris%20Kobach%2C%20who%20has%20made%20stopping%20illegal%20immigration%20and%20voter%20fraud%20a%20cornerstone%20of%20his%20policies%0A%2C%20and%20to%20whom%20the%20Kansas%20legislature%20has%20given%20prosecutorial%20powers%20over%20election%20fraud%2C%20said>
>
> Posted in election administration <http://electionlawblog.org/?cat=18>
> “Trump’s uphill delegate scramble” <http://electionlawblog.org/?p=81408>
>
> Posted on April 1, 2016 4:32 am <http://electionlawblog.org/?p=81408> by *Rick
> Hasen* <http://electionlawblog.org/?author=3>
>
> Politico
> <http://www.politico.com/story/2016/04/trumps-uphill-delegate-scramble-221443>
> :
>
>
>
> *If Donald Trump loses in Wisconsin next week, he will need to win roughly
> 60 percent of the remaining delegates to win the Republican presidential
> nomination outright — a daunting but not impossible challenge.But if he
> fails to achieve it, and is thus unable to win the nomination outright,
> Trump is poised to suffer an exodus of delegates at a contested
> convention.Story Continued Below*
>
> *Interviews with dozens of delegates, delegate candidates, operatives and
> party leaders in recent days suggest that more than a hundred delegates —
> bound by rules and laws to back Trump on a first vote at the July
> convention in Cleveland — are prepared to break with him on a second
> ballot.*
>
>
>
> [image: Share]
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81408&title=%26%238220%3BTrump%E2%80%99s%20uphill%20delegate%20scramble%26%238221%3B&description=%E2%80%9CCongressional%20Candidate%20Caught%20in%20Bed%20with%20Head%20of%20Supportive%20Super%20PAC%E2%80%9D%0APosted%20on%20April%201%2C%202016%205%3A46%20am%20by%20Rick%20Hasen%0ARoll%20Call%20HOH%3A%0A%0AA%20congressional%20candidate%20running%20for%20office%20in%20San%20Dimas%2C%20California%20was%20found%20naked%20in%20bed%20in%20a%20hotel%20room%20with%20the%20head%20of%20a%20supportive%20Super%20PAC%2C%20after%20hotel%20security%20responded%20to%20calls%20of%20loud%20noises%20emanating%20from%20the%20room.%0A%0AWhile%20the%20candidate%E2%80%99s%20spokesperson%20did%20not%20deny%20that%20the%20candidate%20was%20caught%20in%20bed%20with%20the%20head%20of%20the%20Super%20PAC%2C%20he%20denied%20that%20there%20was%20any%20illegal%20coordination%20violated%20federal%20election%20laws.%20%E2%80%9CSo%0A%20long%20as%20there%20was%20no%20discussion%20of%20advertising%20or%20campaign%20strategy%2C%20this%20is%20completely%20kosher%2C%E2%80%9D%20the%20spokesperson%20explained.%20Officials%20at%20the%20FEC%20refused%20to%20comment%20on%20the%20specifics%20of%20the%20case%2C%20noting%20that%20it%20could%20be%20the%20subject%20of%20an%20official%20complaint%2C%20but%20sources%20within%20the%20agency%20indicated%20the%20agency%20would%20likely%20split%203-3%20should%20the%20question%20come%20before%20the%20Commission.%0A%0A%0APosted%20in%20campaign%20finance%0A%E2%80%9CKobach%3A%20Okay%20for%20Poll%20Workers%20to%20Question%20People%20with%20%E2%80%98Funny%20Accents%2C%E2%80%99%20%E2%80%98Strange%20Names%27%E2%80%9D%0APosted%20on%20April%201%2C%202016%205%3A34%20am%20by%20Rick%20Hasen%0AWichita%20Eagle%3A%0A%0AKansas%20Secretary%20of%20State%20Kris%20Kobach%2C%20who%20has%20made%20stopping%20illegal%20immigration%20and%20voter%20fraud%20a%20cornerstone%20of%20his%20policies%2C%20and%20to%20%0Awhom%20the%20Kansas%20legislature%20has%20given%20prosecutorial%20powers%20over%20election%20fraud%2C%20said%20it%20is%20perf>
>
> Posted in political parties <http://electionlawblog.org/?cat=25>,
> primaries <http://electionlawblog.org/?cat=32>
> “Trump: I Will Take Office if I Win the Popular Vote, Even If I Lose
> Electoral College” <http://electionlawblog.org/?p=81406>
>
> Posted on April 1, 2016 4:29 am <http://electionlawblog.org/?p=81406> by *Rick
> Hasen* <http://electionlawblog.org/?author=3>
>
> AP <https://www.youtube.com/watch?v=dQw4w9WgXcQ>:
>
> *A defiant Donald Trump, speaking at a rally Wednesday in Waukesha,
> Wisconsin
> <https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=dave%20weigel>,
> slammed the undemocratic nature of Electoral College, which awards
> presidential electors by state, and promised to take office if he wins the
> overall popular vote for president even if Congress declares someone else
> the winner..*
>
> *“I’ve said before that I’m willing to abide by the rules for choosing the
> president if they are fair. But the idea that I could get more votes than
> Hillary Clinton and still lose the presidency is ridiculous. I’ll only play
> fair if the Congress plays fair in choosing a president,” the candidate
> declared.*
>
> *Trump said he had asked his controversial campaign manager, Corey
> Lewandowski, to devise a plan for seizing power in the event that Congress
> declares Clinton the winner if she receives the most electoral votes.
> “Corey’s got some really good ideas about what we need to do and how we
> need to do it. Nothing is off the table. Believe me,” Trump said, “you’ve
> never seen anything like it.”*
>
>
>
> [image: Share]
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81406&title=%26%238220%3BTrump%3A%20I%20Will%20Take%20Office%20if%20I%20Win%20the%20Popular%20Vote%2C%20Even%20If%20I%20Lose%20Electoral%20College%26%238221%3B&description=%E2%80%9CCongressional%20Candidate%20Caught%20in%20Bed%20with%20Head%20of%20Supportive%20Super%20PAC%E2%80%9D%0APosted%20on%20April%201%2C%202016%205%3A46%20am%20by%20Rick%20Hasen%0ARoll%20Call%20HOH%3A%0A%0AA%20congressional%20candidate%20running%20for%20office%20in%20San%20Dimas%2C%20California%20was%20found%20naked%20in%20bed%20in%20a%20hotel%20room%20with%20the%20head%20of%20a%20supportive%20Super%20PAC%2C%20after%20hotel%20security%20responded%20to%20calls%20of%20loud%20noises%20emanating%20from%20the%20room.%0A%0AWhile%20the%20candidate%E2%80%99s%20spokesperson%20did%20not%20deny%20that%20the%20candidate%20was%20caught%20in%20bed%20with%20the%20head%20of%20the%20Super%20PAC%2C%20he%20denied%20that%20there%20was%20any%20i%0Allegal%20coordination%20violated%20federal%20election%20laws.%20%E2%80%9CSo%20long%20as%20there%20was%20no%20discussion%20of%20advertising%20or%20campaign%20strategy%2C%20this%20is%20completely%20kosher%2C%E2%80%9D%20the%20spokesperson%20explained.%20Officials%20at%20the%20FEC%20refused%20to%20comment%20on%20the%20specifics%20of%20the%20case%2C%20noting%20that%20it%20could%20be%20the%20subject%20of%20an%20official%20complaint%2C%20but%20sources%20within%20the%20agency%20indicated%20the%20agency%20would%20likely%20split%203-3%20should%20the%20question%20come%20before%20the%20Commission.%0A%0A%0APosted%20in%20campaign%20finance%0A%E2%80%9CKobach%3A%20Okay%20for%20Poll%20Workers%20to%20Question%20People%20with%20%E2%80%98Funny%20Accents%2C%E2%80%99%20%E2%80%98Strange%20Names%27%E2%80%9D%0APosted%20on%20April%201%2C%202016%205%3A34%20am%20by%20Rick%20Hasen%0AWichita%20Eagle%3A%0A%0AKansas%20Secretary%20of%20State%20Kris%20Kobach%2C%20who%20has%20made%20stopping%20illegal%20immigration%20a%0And%20voter%20fraud%20a%20cornerstone%20of%20his%20policies%2C%20and%20to%20whom%20the%20Kansas%20legislature%20has%20given%20>
>
> Posted in campaigns <http://electionlawblog.org/?cat=59>, electoral
> college <http://electionlawblog.org/?cat=44>
> “Outraged by Kansas Justices’ Rulings, G.O.P. Seeks to Reshape Court”
> <http://electionlawblog.org/?p=81404>
>
> Posted on April 1, 2016 4:16 am <http://electionlawblog.org/?p=81404> by *Rick
> Hasen* <http://electionlawblog.org/?author=3>
>
> Must-read Erik Eckholm
> <http://www.nytimes.com/2016/04/02/us/outraged-by-kansas-justices-rulings-gop-seeks-to-reshape-court.html?smid=tw-share&_r=0>
>  NYT:
>
> *Partisan conflict over courts has erupted in many of the 38 states where
> justices are either directly elected or, as in Kansas, face periodic
> retention elections, without an opposing candidate. As conservatives in
> Washington attempt to preserve a majority on the federal Supreme Court,
> politically ascendant conservatives in several states are seeking to
> reshape courts that they consider to be overly liberal vestiges of eras
> past.*
>
> *“We’ve seen this tug of war between courts and political branches all
> around the country,” said Alicia Bannon, a senior counsel at the Brennan
> Center for Justice <https://www.brennancenter.org/> at New York University.*
>
> [image: Share]
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81404&title=%26%238220%3BOutraged%20by%20Kansas%20Justices%E2%80%99%20Rulings%2C%20G.O.P.%20Seeks%20to%20Reshape%20Court%26%238221%3B&description=%E2%80%9CCongressional%20Candidate%20Caught%20in%20Bed%20with%20Head%20of%20Supportive%20Super%20PAC%E2%80%9D%0APosted%20on%20April%201%2C%202016%205%3A46%20am%20by%20Rick%20Hasen%0ARoll%20Call%20HOH%3A%0A%0AA%20congressional%20candidate%20running%20for%20office%20in%20San%20Dimas%2C%20California%20was%20found%20naked%20in%20bed%20in%20a%20hotel%20room%20with%20the%20head%20of%20a%20supportive%20Super%20PAC%2C%20after%20hotel%20security%20responded%20to%20calls%20of%20loud%20noises%20emanating%20from%20the%20room.%0A%0AWhile%20the%20candidate%E2%80%99s%20spokesperson%20did%20not%20deny%20that%20the%20candidate%20was%20caught%20in%20bed%20with%20the%20head%20of%20the%20Super%20PAC%2C%20he%20denied%20that%20there%20was%20any%20illegal%20coordination%20vi%0Aolated%20federal%20election%20laws.%20%E2%80%9CSo%20long%20as%20there%20was%20no%20discussion%20of%20advertising%20or%20campaign%20strategy%2C%20this%20is%20completely%20kosher%2C%E2%80%9D%20the%20spokesperson%20explained.%20Officials%20at%20the%20FEC%20refused%20to%20comment%20on%20the%20specifics%20of%20the%20case%2C%20noting%20that%20it%20could%20be%20the%20subject%20of%20an%20official%20complaint%2C%20but%20sources%20within%20the%20agency%20indicated%20the%20agency%20would%20likely%20split%203-3%20should%20the%20question%20come%20before%20the%20Commission.%0A%0A%0APosted%20in%20campaign%20finance%0A%E2%80%9CKobach%3A%20Okay%20for%20Poll%20Workers%20to%20Question%20People%20with%20%E2%80%98Funny%20Accents%2C%E2%80%99%20%E2%80%98Strange%20Names%27%E2%80%9D%0APosted%20on%20April%201%2C%202016%205%3A34%20am%20by%20Rick%20Hasen%0AWichita%20Eagle%3A%0A%0AKansas%20Secretary%20of%20State%20Kris%20Kobach%2C%20who%20has%20made%20stopping%20illegal%20immigration%20and%20voter%20fraud%20a%20c%0Aornerstone%20of%20his%20policies%2C%20and%20to%20whom%20the%20Kansas%20legislature%20has%20given%20prosecutorial%20powers%20o>
>
> Posted in campaigns <http://electionlawblog.org/?cat=59>, judicial
> elections <http://electionlawblog.org/?cat=19>
> “Trump’s Threat on Pledge Could Cost Him South Carolina Delegates”
> <http://electionlawblog.org/?p=81402>
>
> Posted on April 1, 2016 4:11 am <http://electionlawblog.org/?p=81402> by *Rick
> Hasen* <http://electionlawblog.org/?author=3>
>
> TIME
> <http://time.com/4278295/donald-trump-loyalty-pledge-south-carolina-delegates/>
> :
>
> *Donald Trump’s announcement that he no longer stands by a pledge to
> support the GOP has thrown his hold on South Carolina’s 50 delegates in
> doubt.*
>
> *The Palmetto State was one of several that required candidates to pledge
> their loyalty to the party’s eventual nominee in order to secure a slot on
> the primary ballot. Though Trump won all of the state’s delegates
> <http://time.com/4231631/south-carolina-primary-results-republican-donald-trump-ted-cruz-marco-rubio-jeb-bush/> in
> the Feb. 20 primary, anti-Trump forces are plotting to contest their
> binding to Trump because of his threat on the pledge Tuesday.*
>
> [image: Share]
>
> Posted in campaigns <http://electionlawblog.org/?cat=59>, political
> parties <http://electionlawblog.org/?cat=25>, primaries
> <http://electionlawblog.org/?cat=32>
> “Casting Votes, Counting Votes for Election 2016: Democracy and Law in
> Action” <http://electionlawblog.org/?p=81400>
>
> Posted on March 31, 2016 7:59 pm <http://electionlawblog.org/?p=81400> by *Rick
> Hasen* <http://electionlawblog.org/?author=3>
>
> I’ll be attending this conference at Wisconsin Law
> <http://law.wisc.edu/ils/2016votingrights/index.html>Friday and Saturday,
> with Pam Karlan as the keynote.
>
> I’ll be presenting Softening Voter ID Laws Through Litigation: Is it
> Enough? (draft in progress, Mar. 2016
> <http://electionlawblog.org/?p=80636>)
>
>
>
> [image: Share]
>
> Posted in Uncategorized <http://electionlawblog.org/?cat=1>
> “Cruz predicts Trump won’t be able to mount a third-party run”
> <http://electionlawblog.org/?p=81398>
>
> Posted on March 31, 2016 7:24 pm <http://electionlawblog.org/?p=81398> by *Rick
> Hasen* <http://electionlawblog.org/?author=3>
>
> Politico:
> <http://www.politico.com/blogs/2016-gop-primary-live-updates-and-results/2016/03/ted-cruz-trump-no-third-party-221425#ixzz44WHQH5L1>
>
> *Donald Trump won’t be able to mount a third-party bid for president if he
> loses the Republican nomination, Ted Cruz said Thursday.*
>
> *“He doesn’t have the option of running as a third-party [candidate],” the
> Texas senator told Wisconsin radio host Charlie Sykes. “Quite a few states
> across the country have what are called sore-loser laws, that once you run
> as a Republican and lose, you don’t get to then turn around and file on the
> ballot as an independent, so that will not be an option available to him.”*
>
> Michael Kang has written a key paper
> <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1809970> on sore
> loser laws. Some may not apply to presidential elections, and there may be
> some constitutional issues with such laws as well.
>
>
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