[EL] ELB News and Commentary 4/12/16
Rick Hasen
rhasen at law.uci.edu
Tue Apr 12 07:57:08 PDT 2016
“Donald Trump Calls Colorado’s Process for Choosing Delegates
‘Crooked’” <http://electionlawblog.org/?p=81800>
Posted onApril 12, 2016 7:47 am
<http://electionlawblog.org/?p=81800>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT:
<http://www.nytimes.com/politics/first-draft/2016/04/11/donald-trump-calls-colorados-process-for-choosing-delegates-crooked/?ref=politics&_r=0>
Mr. Trump insisted the system is “crooked” and created by “hacks.”
But his own team did not provide adequate resources or preparations
with seasoned hands over many weeks for some of these state
contests. He recently made changes to his team aftera double-digit
loss in Wisconsin
<http://www.nytimes.com/2016/04/06/us/politics/republican-primary-results.html>,
where a “strike team” of top aides loyal to Mr. Trump’s campaign
manager, Corey Lewandowski, did not net a victory.
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Posted inpolitical parties
<http://electionlawblog.org/?cat=25>,primaries
<http://electionlawblog.org/?cat=32>
“Electile Dysfunction: S. Korea Probes Sex Pills-for-Votes Claim”
<http://electionlawblog.org/?p=81797>
Posted onApril 12, 2016 7:43 am
<http://electionlawblog.org/?p=81797>byRick Hasen
<http://electionlawblog.org/?author=3>
Daily Mail:
<http://www.dailymail.co.uk/wires/afp/article-3535604/Electile-dysfunction-S-Korea-probes-sex-pills-votes-claim.html>
Elderly men in South Korea have allegedly been given erectile
dysfunction drugs to buy their votes in legislative elections,
prosecutors said Tuesday, announcing an investigation into the
suspected breach.
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Posted invote buying <http://electionlawblog.org/?cat=43>
Sargent: Sanders May Push for Nominating Reforms as Price of His
Support for Clinton <http://electionlawblog.org/?p=81795>
Posted onApril 12, 2016 7:35 am
<http://electionlawblog.org/?p=81795>byRick Hasen
<http://electionlawblog.org/?author=3>
Plum Line.
<https://www.washingtonpost.com/blogs/plum-line/wp/2016/04/11/heres-one-way-the-clinton-sanders-brawl-could-end-well/>
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Posted inpolitical parties
<http://electionlawblog.org/?cat=25>,primaries
<http://electionlawblog.org/?cat=32>
“Byron York: Is GOP headed for its own Bush v. Gore?”
<http://electionlawblog.org/?p=81793>
Posted onApril 12, 2016 7:33 am
<http://electionlawblog.org/?p=81793>byRick Hasen
<http://electionlawblog.org/?author=3>
Byron York
<http://www.washingtonexaminer.com/byron-york-is-gop-headed-for-its-own-bush-v.-gore/article/2588172?platform=hootsuite>:
Now, Republicans could be headed toward an end in which the popular
vote loser becomes the party’s nominee. Many Republicans undoubtedly
have no problem with that. They are fond of pointing out that we
live in a republic, not a democracy. That the rules are the rules.
And that the Founders didn’t much like democracy. There are
counter-arguments for all — we live in a representative democracy,
the rules are changeable, and the trend in the past 150 years has
been to make American electoral practices more democratic. But don’t
expect any of the arguments to be settled.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Husted: Judge wrong to keep polls open after bridge crash”
<http://electionlawblog.org/?p=81791>
Posted onApril 12, 2016 7:28 am
<http://electionlawblog.org/?p=81791>byRick Hasen
<http://electionlawblog.org/?author=3>
Cincinnati Enquirer
<http://www.cincinnati.com/story/news/2016/04/11/husted-judge-wrong-keep-polls-open-after-bridge-crash/82910370/>:
Ohio Secretary of State Jon Husted went to court Monday to overturn
a judge’s order last month that kept polls open an extra hour
because of a traffic jam.
It’s too late to do anything about that March 15 order, but Husted
wants to keep it from happening again, especially in the
presidential election this fall.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Billionaires fund anti-Trump delegate push”
<http://electionlawblog.org/?p=81789>
Posted onApril 12, 2016 7:27 am
<http://electionlawblog.org/?p=81789>byRick Hasen
<http://electionlawblog.org/?author=3>
Ken Vogel:
<http://www.politico.com/story/2016/04/billionaires-fund-anti-trump-delegate-push-221819>
First they spent tens of millions trying to boost their favorite
presidential candidates, then they poured cash into ads attacking
Donald Trump, and now some of the biggest donors on the right are
turning their attention to the delegate fight.
Anti-Trump billionaires are funding ground operations in an
increasing number of states to try to ensure the selection of
national convention delegates who oppose Trump. The strategy is
being executed by the anti-Trump Our Principles PAC, which has a
stated goal of blocking the bombastic billionaire from clinching the
GOP presidential nomination before the party’s convention in July.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Bentley’s ties to ‘dark money’ contradicts previous campaign
pledge” <http://electionlawblog.org/?p=81787>
Posted onApril 12, 2016 7:24 am
<http://electionlawblog.org/?p=81787>byRick Hasen
<http://electionlawblog.org/?author=3>
The latest
<http://www.al.com/news/index.ssf/2016/04/bentleys_views_on_dark_money_d.html#incart_river_index>from
Alabama.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,tax law
and election law <http://electionlawblog.org/?cat=22>
“Galvin’s low energy dampens voting innovation”
<http://electionlawblog.org/?p=81785>
Posted onApril 12, 2016 7:22 am
<http://electionlawblog.org/?p=81785>byRick Hasen
<http://electionlawblog.org/?author=3>
Eitan Hersh:
<http://commonwealthmagazine.org/politics/galvins-low-energy-dampens-voting-innovation/>
The state’s failure to keep up with the times stems from a
leadership vacuum. This vacuum is especially pertinent now, because
in November, for the first time, state law will allow voters to cast
early ballots — a mode of voting already available in most states
and already utilized by 25 to 30 percent of American voters on a
regular basis. However, because of the lethargy that characterizes
the state election authority, we are at risk of a botched
implementation of the law; few voters may be able to take advantage
of the opportunity to vote early. Even in this one small area in
which legislation has already been passed that would help catch
Massachusetts up with the rest of the country, leadership is
effectively working to preserve the status quo, not by openly
opposing reform, but just by being — in the words of Donald Trump —
very low energy.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Why Is There So Much Competition in U.S. Elections?”
<http://electionlawblog.org/?p=81783>
Posted onApril 12, 2016 7:21 am
<http://electionlawblog.org/?p=81783>byRick Hasen
<http://electionlawblog.org/?author=3>
Bernard Fraga and Eitan Hersh havethis working paper
<http://www.eitanhersh.com/uploads/7/9/7/5/7975685/fraga_hersh_compet_v2_5.pdf>.
Here is the abstract:
Most elections in the United States are not close, which has raised
concerns among social scientists and reform advocates about the
vibrancy of American democracy. In this essay, we demonstrate that
while most elections are not close, most Americans regularly
experience competitive contests. In the four-cycle period between
2006-2012, 90% of Americans were in a highly competitive
jurisdiction for at least one office. Since 1914, about half the
states have never once gone more than four election cycles without a
close statewide contest. We examine how hierarchical, temporal, and
geographic variation in the locus of competition results in most of
the country regularly experiencing close elections. We discuss two
implications. First, dispersed competition result in nearly all
Americans being represented by both political parties for different
offices. Second, once accounting for multiple offices and multiple
years, we find a strong positive relationship between closeness and
voter participation.
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Posted invoting <http://electionlawblog.org/?cat=31>
“The EAC’s Troubles” <http://electionlawblog.org/?p=81781>
Posted onApril 12, 2016 7:19 am
<http://electionlawblog.org/?p=81781>byRick Hasen
<http://electionlawblog.org/?author=3>
Must-read Bauer
<http://www.moresoftmoneyhardlaw.com/2016/04/eacs-troubles/>:
And what is Mr. Newby’s answer to all this?The Declaration
<http://editions.lib.umn.edu/electionacademy/2016/02/22/newby-declaration-in-proof-of-citizenship-dispute/>he
submitted in defense of his actions is not a model of coherence, nor
is it reassuring to anyone searching for evidence that he had the
appropriate understanding of his role or of the damage he would do
to the Commission by acting as he did.
Here is one strikingly obscure sentence, in his defense of
disregarding past EAC actions on the requested modifications of the
Federal Form: “Conclusions in the most recent EAC past appeared to
be drawn by emotion regarding specific requests.” Then he recounts
a conversation with Commissioner Hicks who, in Newby’s account,
quite reasonably points out to his Executive Director that in light
of the heavily litigated background to the issue, “it seemed logical
that this was a big enough topic to go to the Commissioners.”
Retreating behind vague utterances, Newby suggests that he has a
different theory of the case and “and that review [of the state
requests] should determine what would go to the Commissioners,
rather than just moving along a topic because it had visibility or
was controversial.” This more or less says it all. Newby doesn’t
see (or is claiming not to see) why it is essential for EAC that its
presidentially appointed and Senate-confirmed Commissioners pass on
major “visible” or “controversial” issues.
/The New York Times/has argued
<http://www.nytimes.com/2016/04/11/opinion/republicans-hijack-an-election-agency.html?ref=opinion&_r=1>that
the Republican Party interests have “hijacked” the agency, looking
to misuse its powers to advance a partisan voting rights agenda.
This is one predictable and understandable perspective. There is
another: the damage done to the EAC as an agency that, by careful
choice of process and program, could have maintained the credibility
needed to help in promoting professionalism in election
administration. Maybe it still can, but it is far from clear that
it can do so if any of the Commissioners condone this Executive
Director’s view of his role and accept from him this quality of
judgment.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,Election Assistance Commission
<http://electionlawblog.org/?cat=34>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“How dark-money donors find accomplices in the government”
<http://electionlawblog.org/?p=81779>
Posted onApril 12, 2016 7:16 am
<http://electionlawblog.org/?p=81779>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo edtiorial
<https://www.washingtonpost.com/opinions/dark-money-donors-accomplices-in-the-government/2016/04/11/1125437e-fb75-11e5-80e4-c381214de1a3_story.html>:
This month, the commission’s three Republicansdefended
<http://eqs.fec.gov/eqsdocsMUR/16044391107.pdf>their foot-dragging,
arguing that it would be unfair to go after donors in the 2012
cycle, because they did not have enough notice about how the FEC
would enforce federal rules after the/Citizens United/ruling. Though
this was a poor reason for ignoring the law, the implication was
that the typically toothless panel might more seriously scrutinize
dark money sloshing through the system going forward. Lee Goodman, a
Republican commissioner,confirmed
<https://www.washingtonpost.com/politics/republicans-on-fec-suggest-they-may-scrutinize-mystery-corporate-donors/2016/04/03/f8abc394-f9b8-11e5-80e4-c381214de1a3_story.html>that
“everyone should be on notice” to The Post’s Matea Gold.
Problem solved? Maybe not. The Republican commissioners also argued
that only those who “intentionally” skirt the law by funneling money
through a corporation “for the purpose of” evading reporting
requirements should be punished. This leaves the commissioners
massive leeway to decline to investigate all sorts of shady activity.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
“First look: McConnell-linked groups raise nearly $39 million”
<http://electionlawblog.org/?p=81777>
Posted onApril 12, 2016 7:15 am
<http://electionlawblog.org/?p=81777>byRick Hasen
<http://electionlawblog.org/?author=3>
Fredreka Schouten
<http://www.usatoday.com/story/news/politics/elections/2016/2016/04/11/mitch-mcconnell-linked-groups-raise-nearly-39-million/82903282/>for
USA Today:
Two groups focused on keeping the Senate in Republican control
collected nearly $17 million during the first three months of this
year, according to figures first provided to USA TODAY.
In all, the groups — Senate Leadership Fund and One Nation — have
raised $38.8 million so far in the election cycle, giving the
chamber’s Republicans a financial boost in what will be a difficult
election year for the party. The organizations were launched last
year by Steven Law, a former chief of staff to Senate Majority
Leader Mitch McConnell, R-Ky.
Senate Leadership Fund is a super PAC. One Nation is a nonprofit.
Both can collect unlimited sums and were organized to compete with
the Senate Majority PAC, a super PAC aligned with the Senate’s top
Democrat, Minority Leader Harry Reid of Nevada. That group had
collected $9.2 million through the end of February, its most recent
filings show.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,tax law
and election law <http://electionlawblog.org/?cat=22>
“Hundreds Protesting Political System Arrested On Capitol’s Steps”
<http://electionlawblog.org/?p=81775>
Posted onApril 11, 2016 4:38 pm
<http://electionlawblog.org/?p=81775>byRick Hasen
<http://electionlawblog.org/?author=3>
Peter Overby reports
<http://www.npr.org/sections/thetwo-way/2016/04/11/473874785/hundreds-protest-gerrymandering-campaign-finance-laws-on-capitols-steps>for
NPR.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,social
media and social protests <http://electionlawblog.org/?cat=58>
“Wage deal part of new political process”
<http://electionlawblog.org/?p=81773>
Posted onApril 11, 2016 4:31 pm
<http://electionlawblog.org/?p=81773>byRick Hasen
<http://electionlawblog.org/?author=3>
Thad Kousser has writtenthis oped
<http://www.sandiegouniontribune.com/news/2016/apr/07/initiative-minimum-wage/>for
the /San Diego Union-Tribune/:
The deal to phase in a $15 minimum wage that Gov. Jerry Brown,
legislators and union leaders cut recently is huge news for many
reasons — California becomes the first state to tackle economic
inequality with a wage this high, the deal protects the purchasing
power of workers by tying the wage to inflation in the future, and
businesses get the protection of a wage freeze during recessions.
But what could prove just as historic as the contents of this deal
is the way that it was made.
As the first example of an unheralded reform recently made to our
state’s initiative process, the minimum wage agreement shows how
compromise can come when state leaders use direct democracy and
representative democracy to cooperate rather than compete. Those two
processes intertwined to make history possible in Sacramento. Here’s
how it worked.
Unions and other advocacy groups provided the pressure that created
the deal by circulating two aggressive minimum wage propositions,
with one of them attracting enough signatures to become eligible for
the November ballot late last month. This brought legislators and,
most notably, the governor to the bargaining table over last
weekend. It provided the “gun behind the door” that the Progressive
Era leaders envisioned as a spur to legislative action when they
created California’s direct democracy process over a century ago.
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Posted indirect democracy <http://electionlawblog.org/?cat=62>
“Thousands Protest Money in Politics at Capitol, Arrests Made”
<http://electionlawblog.org/?p=81771>
Posted onApril 11, 2016 2:40 pm
<http://electionlawblog.org/?p=81771>byRick Hasen
<http://electionlawblog.org/?author=3>
Roll Call:
<http://www.rollcall.com/news/hoh/sit-ins-capitol-push-take-money-politics>
More than 3,600 protesters, demanding that money be taken out of
politics, arrived at the U.S. Capitol on Monday for a mass sit-in
that quickly led to arrests.
The Democracy Spring protesters marched from Philadelphia to the
Capitol, a 140-mile trek, over nine days. The group plans to rally
at the Capitol every day this week with a different theme for each
protest.
On Monday, protesters rallied on the East Front of the Capitol
facing the Supreme Court, behind a line of Capitol Police officers.-
See more at:
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,social
media and social protests <http://electionlawblog.org/?cat=58>
“Texas defends its voter photo ID law”
<http://electionlawblog.org/?p=81769>
Posted onApril 11, 2016 2:09 pm
<http://electionlawblog.org/?p=81769>byRick Hasen
<http://electionlawblog.org/?author=3>
Lyle Denniston for SCOTUSBlog
<http://www.scotusblog.com/2016/04/texas-defends-its-voter-photo-id-law/#more-241298>:
Arguing that its five-year-old law requiring voters to have a photo
ID before they may cast a ballot will not deny anyone in Texas the
right to vote, state officials urged the Supreme Court
<http://www.scotusblog.com/wp-content/uploads/2016/04/15A999-Veasey-v.-Abbott-Response1.pdf>on
Monday afternoon to allow the law to remain in effect while a
federal appeals court conducts a new review of it. If federal
voting rights law would treat the requirement as illegal, the
federal law would be unconstitutional under the Fifteenth
Amendment, the state contended.
The Court is considering a plea by a group of voters and
officeholders in Texas (/Veasey v. Abbott/, 15A999
<http://www.supremecourt.gov/search.aspx?filename=/docketfiles/15a999.htm>)
to block further enforcement of the requirement, and to do so in
time to keep it from affecting voting in this year’s general
election in November, conceding that it is now too late to stop it
for the state’s May 24 run-off election. Their request was filed
with Justice Clarence Thomas; he has the option of acting alone or
sharing it with his colleagues.
As I’ve suggested, I would be very surprised if the Court grants this
relief, which only one set of plaintiffs (and not the United States)
requested.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,Supreme Court
<http://electionlawblog.org/?cat=29>,The Voting Wars
<http://electionlawblog.org/?cat=60>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
Save the Date for 6th Annual @UCILaw #SCOTUS Term in Review Event
<http://electionlawblog.org/?p=81767>
Posted onApril 11, 2016 10:03 am
<http://electionlawblog.org/?p=81767>byRick Hasen
<http://electionlawblog.org/?author=3>
Announcement:
<http://www.law.uci.edu/ecards/supreme-court-review-2016-savedate.html>
/SAVE THE DATE/
6th Annual
Supreme Court Term in Review
*Thursday, July 14, 2016
12:00–1:30 p.m.*
UCI Student Center, Pacific Ballroom (Directions
<http://www.studentcenter.uci.edu/wp-content/uploads/2014/06/map-directions-sc.pdf>)
This exciting and entertaining program reviews the Supreme Court’s key
cases decided in the October 2015 term, with an all-star panel of
Supreme Court practitioners, journalists, and academics, including:
Robert Barnes <https://www.washingtonpost.com/people/robert-barnes>, The
Washington Post
Howard J. Bashman <http://www.hjbashman.com/>, Law Offices of Howard J.
Bashman and How Appealing Blog
Erwin Chemerinsky
<http://www.law.uci.edu/faculty/full-time/chemerinsky/>, UCI Law
Kaaryn Gustafson <http://www.law.uci.edu/faculty/full-time/gustafson/>,
UCI Law
Dahlia Lithwick <http://www.slate.com/authors.dahlia_lithwick.html>, Slate
Moderated byRick Hasen
<http://www.law.uci.edu/faculty/full-time/hasen/>, UCI Law
*Event details here >*
<http://www.law.uci.edu/events/supreme-court-term-review/2016.html>
/This event is approved for 1.5 hours of Minimum Continuing Legal
Education Credit by the State Bar of California. UC Irvine School of Law
is a State Bar-approved MCLE provider./
//
//
/*Registration for this very popular event will open June 1st.*/
/For more information or to request reasonable accommodations for a
disability, please contact Crissandra Flores at/events at law.uci.edu
<mailto:events at law.uci.edu?subject=Accommodation%20request%20at%20Moot%20Court%20Finals>or
(949) 824-0941
*www.law.uci.edu* <http://www.law.uci.edu/>
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>
“Trump’s own Beltway establishment guy: The curious journey of Don
McGahn” <http://electionlawblog.org/?p=81765>
Posted onApril 11, 2016 9:59 am
<http://electionlawblog.org/?p=81765>byRick Hasen
<http://electionlawblog.org/?author=3>
Must-read WaPo
<https://www.washingtonpost.com/lifestyle/style/trumps-own-beltway-establishment-guy-the-curious-journey-of-don-mcgahn/2016/04/11/856229a8-fb9a-11e5-80e4-c381214de1a3_story.html?postshare=1871460392425138&tid=ss_tw-bottom>:
But there’s another reason McGahn may have been willing to work for
Trump.
Shortly after McGahn started at Jones Day he picked up a new client:
Aaron Schock, the congressman who was then reeling froma scandal
<https://www.washingtonpost.com/news/post-politics/wp/2015/03/17/rep-aaron-schock-plans-to-resign-in-wake-of-spending-probe/>involving
the misuse of federal funds and has since left office. To this day,
according to FEC reports, Schock has still not paid Jones Day the
nearly $750,000 he owes them. (Jones Day representatives also did
not return calls.)
Getting stiffed by Schock put McGahn in a difficult position with
his new law partners, said a Republican strategist who has worked
him. “He had this huge hole to fill. And when Trump came along, he
was under a lot of pressure by management to fill that hole….
Then there’s Benjamin Ginsberg, the preeminent election lawyer in
the country and McGahn’s mentor and Jones Day co-worker. Ginsberg,
who made his name in 2000 arguing the Republican side in/Bush v.
Gore/, started the election cycle working for Gov. Scott Walker. He
now spends much of his time on MSNBC helping explain delegate counts
and convention scenarios to a bewildered electorate.
Mr. Ginsberg: Is it ethical to go on television and discuss the 2016
election while the GOP front-runner shovels money into your firm’s
coffers? When you outline the convention strategies other candidates
might take to wrestle the nomination from Trump, do you not worry
about offending your own firm’s billionaire client?
Nope, says Ginsberg: That’s just not how these big law firms work.
“We work together, but we also have walls,” he said, and Jones Day
has built “a big, beautiful wall” for the presidential election.
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Posted incampaigns <http://electionlawblog.org/?cat=59>,election law biz
<http://electionlawblog.org/?cat=51>
--
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
hhttp://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org
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