[EL] ELB News and Commentary 4/14/16
Rick Hasen
rhasen at law.uci.edu
Thu Apr 14 08:42:12 PDT 2016
“Bulk of Ryan’s fundraising haul in $50k-plus chunks”
<http://electionlawblog.org/?p=81894>
Posted onApril 14, 2016 8:39 am
<http://electionlawblog.org/?p=81894>byRick Hasen
<http://electionlawblog.org/?author=3>
Politico:
<http://www.politico.com/story/2016/04/paul-ryan-fundraising-analysis-221920>
Paul Ryan’s massive $17 million fundraising haul this quarter was
fueled by some of the nation’s richest people and large corporate
political action committees, which cut five- and six-figure checks
to the speaker’s burgeoning political operation, according to an
election filing made public Wednesday.
More than $9 million of Ryan’s take in the first quarter of 2016 was
from donors and PACs who cut checks larger than $50,000, according
to a POLITICO analysis of the Team Ryan Federal Election Commission
filing.
For example, billionaire industrialist Charles Koch, chairman and
CEO of Koch Industries, and his wife Elizabeth gave Ryan a total of
$488,400 in March alone. Koch Industries PAC chipped in $71,000.
Paul Ryan (the other one, from the CLC)tweets
<https://twitter.com/ThePaulSRyan/status/720637482900025344>: “SCOTUS
McCutcheon decision+CROMNIBUS=$488,400 contributions the other Paul
Ryan’s joint fundraising committee.”
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Many GOP lobbyists will go to Cleveland but the thrill is gone”
<http://electionlawblog.org/?p=81892>
Posted onApril 14, 2016 7:58 am
<http://electionlawblog.org/?p=81892>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo:
<https://www.washingtonpost.com/news/powerpost/wp/2016/04/14/many-gop-lobbyists-will-go-to-cleveland-but-the-thrill-is-gone/>
For many Republican lobbyists, the thrill surrounding this year’s
Republican convention in Cleveland is, well, gone.
Instead, it’s been replaced by such emotions as anxiety, uncertainty
and unease — not exactly the sentiments Republicans want to feel as
they crown their presidential nominee in July.
Until recently, many senior Republican lobbyists backed the wrong
horse in the chaotic presidential primary — Jeb Bush, the early
establishment favorite and, later, Florida Sen. Marco Rubio. But it
is Donald Trump and Texas Sen. Ted Cruz who have emerged with the
best shot of taking the GOP prize, lobbing criticism that often
seemed aimed squarely at K Street.
Despite their reservations, top GOP lobbyists are still planning to
decamp to Cleveland this summer, if only to watch possibly the first
contested convention the party has seen since 1976.
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Posted inlobbying <http://electionlawblog.org/?cat=28>,political parties
<http://electionlawblog.org/?cat=25>,primaries
<http://electionlawblog.org/?cat=32>
“Another Campaign Finance No-No: Foreign Contributions”
<http://electionlawblog.org/?p=81890>
Posted onApril 14, 2016 7:57 am
<http://electionlawblog.org/?p=81890>byRick Hasen
<http://electionlawblog.org/?author=3>
Corporate Counsel.
<http://www.corpcounsel.com/home/id=1202754854199/Another-Campaign-Finance-NoNo-Foreign-Contributions?mcode=1202614998157&curindex=0&slreturn=20160314105548>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Here’s one simple way to minimize the chaos at the Republican
National Convention” <http://electionlawblog.org/?p=81888>
Posted onApril 14, 2016 7:56 am
<http://electionlawblog.org/?p=81888>byRick Hasen
<http://electionlawblog.org/?author=3>
Monkey Cage:
<https://www.washingtonpost.com/news/monkey-cage/wp/2016/04/14/heres-one-simple-way-to-minimize-the-chaos-at-the-republican-national-convention/>
In the summer, the Republican Party may host a “contested convention
<http://www.vox.com/2016/3/23/11280032/brokered-convention-explained>”
for the first time in40 years
<https://en.wikipedia.org/wiki/1976_Republican_National_Convention>.
To win the presidential nomination, a candidate must win the votes
of a majority of the convention’s 2,472 delegates. Donald Trump, the
only candidate with a plausible path toward securing this majority,
is currently projected tofall short
<http://projects.fivethirtyeight.com/election-2016/delegate-targets/>.
Trump will undoubtedly assert that his delegateplurality
<https://en.wikipedia.org/wiki/Plurality_%28voting%29>ought to earn
him the nomination. In fact, he claimed in March thatriots might
ensue
<http://www.cnn.com/2016/03/16/politics/donald-trump-ted-cruz-brokered-convention/>if
he were denied the nomination. Trump’s opponents are undeterred,
needless to say.
Ultimately, the party’sConvention Rules Committee
<https://gop.com/convention-facts/?convention_type=rules>must choose
a voting process that the party will use to settle these impending
disputes. They should consider a voting procedure that will both
minimize conflict and produce a fair outcome:instant-runoff voting
<https://en.wikipedia.org/wiki/Instant-runoff_voting>(IRV).
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“New York election law will disenfranchise thousands: Ivanka and
Eric Trump aren’t alone; Bernie Sanders’ voters will get hurt by an
insanely early party registration deadline”
<http://electionlawblog.org/?p=81886>
Posted onApril 14, 2016 7:54 am
<http://electionlawblog.org/?p=81886>byRick Hasen
<http://electionlawblog.org/?author=3>
The NYDN reports.
<http://www.nydailynews.com/opinion/michael-tracey-n-y-election-law-disenfranchises-thousands-article-1.2600065>
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Posted inpolitical parties
<http://electionlawblog.org/?cat=25>,primaries
<http://electionlawblog.org/?cat=32>
“Texas photo ID law stands despite challenges since Supreme Court
ruling weakened Voting Rights Act” <http://electionlawblog.org/?p=81884>
Posted onApril 14, 2016 7:52 am
<http://electionlawblog.org/?p=81884>byRick Hasen
<http://electionlawblog.org/?author=3>
David Savage
<http://www.latimes.com/nation/la-na-court-voting-texas-20160413-snap-story.html>for
the LAT:
Seemingly untouched by numerous legal defeats, the voter ID law
serves as an example of how difficult it can be to halt potentially
discriminatory voting rules in the aftermath of the Supreme Court’s
2013 decision in Shelby County vs. Holder.
“This is a perfect illustration of what we lost,” said Jon
Greenbaum, chief counsel for the Lawyers Committee for Civil Rights
Under Law. “We have seven judges who looked at this and all found a
violation. Yet the law is still in effect.”
The Supreme Court has refused to intervene so far. On the eve of the
2014 elections, the justices by a 6-3 vote declined to block
enforcement of the photo ID rule pending the state’s appeal, as did
the 5th Circuit, despite its own panel’s ruling.
Now, as the nation heads toward the first presidential election
since the high court struck down Section 5 of the Voting Rights Act,
opponents are again asking the court to put the Texas law on hold. A
decision is expected in the coming week.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter id
<http://electionlawblog.org/?cat=9>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
“Residency and Democracy” <http://electionlawblog.org/?p=81882>
Posted onApril 14, 2016 7:40 am
<http://electionlawblog.org/?p=81882>byRick Hasen
<http://electionlawblog.org/?author=3>
Gene Mazo has postedthis draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2762015>on SSRN
(forthcoming, FSU L Rev). Here is the abstract:
Geographical residency is part of democracy. Politicians are elected
from geographical districts, and they represent the people of those
districts in office. A United States Senator is elected to represent
the people of his state. A Congressman represents the people of a
particular district in that state. In turn, a citizen from a
geographically bounded state votes for a Senator who will represent
that state, just as a resident of a geographically bounded district
votes for that district’s Congressman. No one would seriously expect
or advocate the residents of a different state or district to vote
for these government officials. What is less appreciated is that a
new resident of the state or district who wishes to vote for his
preferred candidate may often not be able to do so until he first
meets a durational residency requirement. This means that a citizen
not only has to reside in a certain geographical district to vote
for its representatives, but he must also demonstrate his legal
residence there for a certain period of time.
Durational residency requirements exist for candidates as well. Just
as voters have to satisfy certain durational residency requirements
before they can cast a ballot in a given district, so too do
politicians have to meet durational residency qualifications in most
states and municipalities before they can run for office. The
durational residency hurdles that political candidates face,
however, often look very different from those that voters encounter.
The durational residency requirements for politicians are typically
much longer in length, and they have not been subject to the same
kinds of constitutional challenges as those for voters, other than
in rare circumstances.
As a society, we take durational residency requirements for granted.
Only a few scholars have ever examined these requirements in any
serious or systematic way, and when they have, most scholars have
argued against them. Preventing citizens from voting because they
might live in the right district but have not lived there long
enough is seen as being anti-democratic, while preventing candidates
who do not meet a durational residency qualification from running
for office is viewed as little more than a naked attempt to prevent
carpet-bagging. This, at least, is what the literature on durational
residency requirements argues. Yet states and municipalities have
not always viewed things this way. Instead, they have advanced many
reasons for preserving durational residency requirements. When one
scratches the surface, durational residency requirements turn out to
be more complicated than they appear. They also have a long history
in American jurisprudence, a history that dates back to the colonies.
This Article seeks to examine America’s durational residency
requirements in historical and comparative terms. In doing so, it
aims to make the case that these requirements are not
anti-democratic and that in some circumstances they are both
necessary and essential for democracy. The few scholars who have
examined durational residency requirements in the past have tried to
argue against them without appreciating their place in our history.
This Article seeks to blend history and modern law in a way that no
one has attempted to do before. The Article argues that residency
requirements have their place in democratic politics. Its purpose is
to explain the origins of our durational residency requirements, to
chronicle their current status, and probe the contours of when they
may be justified in American democracy.
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Posted incampaigns <http://electionlawblog.org/?cat=59>,residency
<http://electionlawblog.org/?cat=38>
“Voting Rights Institute Asks Department of Justice to Investigate
Daphne, Ala. for Possible Voting Rights Violations”
<http://electionlawblog.org/?p=81880>
Posted onApril 14, 2016 7:39 am
<http://electionlawblog.org/?p=81880>byRick Hasen
<http://electionlawblog.org/?author=3>
Release:
<http://www.campaignlegalcenter.org/news/press-releases/voting-rights-institute-asks-department-justice-investigate-daphne-ala-possible>
The Voting Rights Institute todaycalled on the U.S. Department of
Justice
<http://www.campaignlegalcenter.org/sites/default/files/Letter%20of%204.13.16%20to%20DOJ.pdf>to
investigate Daphne, Alabama’s City Council’s March 21 decision to
reduce the number of polling places in the city from five to two.
The city’s decision forces residents of one of the only districts
with a sizable black population to travel more than two and a half
miles away from their current polling place, while preserving the
polling locations for most of the city’s heavily white districts.
“This is exactly the type of voting change that would have had to
have been precleared by the Department of Justice before the Supreme
Court’s disastrous ruling in/Shelby County v. Holder/,”*said Harry
Baumgarten, Legal Fellow with the Voting Rights Institute*
<http://www.campaignlegalcenter.org/team/harry-baumgarten>*.*“In
gutting a key provision of the Voting Rights Act, the Supreme Court
has opened the door for these potentially discriminatory measures to
be passed and implemented throughout the country.”
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
“Outside groups deal themselves in for GOP delegate game”
<http://electionlawblog.org/?p=81878>
Posted onApril 14, 2016 7:37 am
<http://electionlawblog.org/?p=81878>byRick Hasen
<http://electionlawblog.org/?author=3>
Julie Bykowicz for AP.
<http://www.sfgate.com/news/article/Outside-groups-deal-themselves-in-for-GOP-7246090.php>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>,political parties
<http://electionlawblog.org/?cat=25>,political polarization
<http://electionlawblog.org/?cat=68>
“Money influences everybody. That includes Hillary Clinton”
<http://electionlawblog.org/?p=81876>
Posted onApril 14, 2016 7:36 am
<http://electionlawblog.org/?p=81876>byRick Hasen
<http://electionlawblog.org/?author=3>
Trevor Timm
<http://www.theguardian.com/commentisfree/2016/apr/14/money-hillary-clinton-banks-oil-links-presidential-campaign>Guardian
column.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“The Real Story Behind HBO’s ‘Confirmation’ From The NPR Reporter
Who Broke The Story” <http://electionlawblog.org/?p=81874>
Posted onApril 14, 2016 7:34 am
<http://electionlawblog.org/?p=81874>byRick Hasen
<http://electionlawblog.org/?author=3>
Must-listen NPR politics
podcast<http://www.npr.org/2016/04/13/474011126/the-real-story-of-breaking-anita-hills-claim-and-the-explosion-that-followed>with
Nina Totenberg.
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>
“Karl Rove-backed PAC warms to Trump”
<http://electionlawblog.org/?p=81872>
Posted onApril 14, 2016 7:32 am
<http://electionlawblog.org/?p=81872>byRick Hasen
<http://electionlawblog.org/?author=3>
Politico
<http://www.politico.com/story/2016/04/karl-rove-donald-trump-221926#ixzz45nG5cRh0>:
Karl Rove has publicly blasted Donald Trump as “a petty man consumed
by resentment and bitterness” with little gravitas and almost no
chance of beating Hillary Clinton.
But privately, the super PAC conceived by Rove is suggesting to its
donors that it can help Trump win the White House and save
Republican senators whose reelection bids could be jeopardized by
having Trump at the top of the ticket.
Story Continued Below
The apparent warming of the American Crossroads super PAC and its
sister groups to Trump has become evident in its recent
communications with donors, including a Tuesday afternoon “investor
conference call,” according to multiple sources familiar with the
outreach.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Georgia to fight ruling that lowers bar for third-party
presidential candidates” <http://electionlawblog.org/?p=81870>
Posted onApril 14, 2016 7:30 am
<http://electionlawblog.org/?p=81870>byRick Hasen
<http://electionlawblog.org/?author=3>
AJC
<http://politics.blog.ajc.com/2016/04/14/georgia-to-fight-ruling-that-lowers-bar-for-third-party-presidential-candidates/>:
*Georgia has appealed a federal judge’s ruling*that could clear the
way for the first independent candidate to appear on Georgia’s
presidential ballot since Pat Buchanan qualified for the Reform
Party in 2000.
Georgia Secretary of State Brian Kemp, who oversees elections in
Georgia, on Wednesday asked the 11^th Circuit U.S. Court of Appeals
in Atlanta to review a ruling that lowered the number of signatures
required to petition to get on the ballot from tens of thousands to
7,500.
You can find your copy here.
<https://cmgajcpolitics.files.wordpress.com/2016/04/green-party-case-appeal.pdf>
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Posted inballot access <http://electionlawblog.org/?cat=46>
“Securing Indian Voting Rights” <http://electionlawblog.org/?p=81868>
Posted onApril 13, 2016 8:31 pm
<http://electionlawblog.org/?p=81868>byRick Hasen
<http://electionlawblog.org/?author=3>
Extensive developments piece
<http://harvardlawreview.org/2016/04/securing-indian-voting-rights/>in
the Harvard Law Review.
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
“Junior and the Gastonette” <http://electionlawblog.org/?p=81865>
Posted onApril 13, 2016 8:13 pm
<http://electionlawblog.org/?p=81865>byRick Hasen
<http://electionlawblog.org/?author=3>
Robbin Stewart
<http://ballots.blogspot.com/2016/04/junior-and-gastonette-httpswww.html>on
the Easterbrook WI voter id opinion.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter id
<http://electionlawblog.org/?cat=9>
Law Prof Write-in Candidate Appeals NJ Natural Born Citizenship Case
against Cruz <http://electionlawblog.org/?p=81862>
Posted onApril 13, 2016 8:11 pm
<http://electionlawblog.org/?p=81862>byRick Hasen
<http://electionlawblog.org/?author=3>
…and points to
<http://electionlawblog.org/wp-content/uploads/WILLIAMS-EXCEPTIONS-april-13.pdf>some
interesting aspects of the appointment of the ALJ who decided the
natural born citizenship issue in Ted Cruz’s favor.
The case goes to the Appellate Division.
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“Utah GOP tells court it won’t comply with controversial election
law” <http://electionlawblog.org/?p=81860>
Posted onApril 13, 2016 1:40 pm
<http://electionlawblog.org/?p=81860>byRick Hasen
<http://electionlawblog.org/?author=3>
Deseret News reports.
<http://www.deseretnews.com/article/865652129/Utah-GOP-tells-court-it-wont-comply-with-controversial-election-law.html>
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
Michael Waterstone is New Dean of Loyola Law School, Los Angeles
<http://electionlawblog.org/?p=81858>
Posted onApril 13, 2016 1:25 pm
<http://electionlawblog.org/?p=81858>byRick Hasen
<http://electionlawblog.org/?author=3>
Great news for Michael,even better news
<http://www.lls.edu/resources/newsroom/loyolaspotlightarticles/loyolalawschoollosangelesnamesnewdean/name,147389,en.html>for
Loyola!
I have no doubt the school will thrive under Michael’s leadership.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“A Black Man Brought 3 Forms of ID to the Polls in Wisconsin. He
Still Couldn’t Vote.” <http://electionlawblog.org/?p=81855>
Posted onApril 13, 2016 1:14 pm
<http://electionlawblog.org/?p=81855>byRick Hasen
<http://electionlawblog.org/?author=3>
Must-read
<https://www.thenation.com/article/a-black-man-brought-3-forms-of-id-to-the-polls-in-wisconsin-he-still-couldnt-vote/>Ari
Berman:
Wisconsin Governor Scott Walker said his state’s strict new voter ID
requirement worked “just fine
<http://www.huffingtonpost.com/entry/wisconsin-primary-voter-id_us_57056b71e4b0b90ac27115f8>”
in the April 5 primary, but thousands of Wisconsinites wereunable to
cast a ballot
<https://www.thenation.com/article/wisconsins-voter-id-law-caused-major-problems-at-the-polls-last-night//?nc=1>because
of the new law. One of them wasEddie Lee Holloway Jr
<https://www.aclu.org/bio/eddie-lee-holloway-jr>.
Wisconsin in 2008 and voted without problems until Wisconsin passed
its voter ID law in 2011. “I never miss voting,” he said. He brought
his expired Illinois photo ID, birth certificate and Social Security
card to get a photo ID for voting, but the DMV in Milwaukee rejected
his application because the name on his birth certificate read
“Eddie /Junior/ Holloway” due to a clerical error when it was
issued.Holloway, who worked as a cook in Illinois but is now
unemployed and disabled, living with his family in Milwaukee, got a
ride downtown to the Vital Records System to try to fix his birth
certificate. Vital Records said it would cost between $400 and $600
to amend his birth certificate, which Holloway could not afford.
He then called the Illinois Vital Records Division, who said he had
to personally come to Springfield, the state capitol, to amend his
birth certificate. So Holloway bought a $180 round-trip bus ticket
and traveled four hours back to his home state. Once in Springfield,
the division said they needed a copy of his high school and
vaccination records. Holloway went to his hometown of Decatur to get
his school records, paying $20 to his friend for gas money, but
after returning to Springfield, Vital Records said they needed his
full Social Security statement, which he didn’t have. He also
visited the Illinois DMV, but had no luck there either. He left
Illinois without getting the documents he needed to vote in Wisconsin.
No wonder WI Republican lawmakers weregiddy
<http://electionlawblog.org/?p=81614>in passing the voter id law.
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<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81855&title=%26%238220%3BA%20Black%20Man%20Brought%203%20Forms%20of%20ID%20to%20the%20Polls%20in%20Wisconsin.%20He%20Still%20Couldn%E2%80%99t%20Vote.%26%238221%3B&description=>
Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter id
<http://electionlawblog.org/?cat=9>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
“Corporations Criticize N.C. LGBT Law — But Aren’t Dropping
Donations To GOP Governors Group” <http://electionlawblog.org/?p=81853>
Posted onApril 13, 2016 1:11 pm
<http://electionlawblog.org/?p=81853>byRick Hasen
<http://electionlawblog.org/?author=3>
Tarini Parti
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2763713>for Buzzfeed.
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D81853&title=%26%238220%3BCorporations%20Criticize%20N.C.%20LGBT%20Law%20%E2%80%94%20But%20Aren%E2%80%99t%20Dropping%20Donations%20To%20GOP%20Governors%20Group%26%238221%3B&description=>
Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Judge might let prosecutors keep some records in John Doe probe”
<http://electionlawblog.org/?p=81851>
Posted onApril 13, 2016 1:08 pm
<http://electionlawblog.org/?p=81851>byRick Hasen
<http://electionlawblog.org/?author=3>
Patrick Marley
<http://www.jsonline.com/news/statepolitics/judge-might-let-prosecutors-keep-some-records-in-john-doe-probe-b99705481z1-375588581.html>for
the Journal-Sentinel:
A federal judge signaled Wednesday he would allow Milwaukee County
District Attorney John Chisholm to hang onto some of the material
seized in a probe of Gov. Scott Walker’s associates so Chisholm can
defend himself from a lawsuit by a former Walker aide whose home was
raided.
U.S. District Judge Lynn Adelman in Milwaukee left unanswered what
to do with evidence gathered in a second investigation of Walker’s
campaign, but left open the possibility he would direct Chisholm’s
team to turn it over to his court while the lawsuit continues….
That sets up a potential conflict between how state and federal
courts want the records to be treated.
“It does seem rather unique. I’ve never had anything like it,” said
Adelman, who expressed exasperation at times that attorneys were
focused on legal arguments rather than practical solutions to avoid
a conflict with the state’s high court.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery
<http://electionlawblog.org/?cat=12>
--
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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