[EL] ELB News and Commentary 4/21/16
Rick Hasen
rhasen at law.uci.edu
Thu Apr 21 07:44:48 PDT 2016
“Supreme Court Upholds Arizona’s Redrawn Legislative Map”
<http://electionlawblog.org/?p=82102>
Posted onApril 21, 2016 7:42 am
<http://electionlawblog.org/?p=82102>byRick Hasen
<http://electionlawblog.org/?author=3>
Adam Liptak
<http://www.nytimes.com/2016/04/21/us/politics/supreme-court-upholds-arizonas-redrawn-legislative-map.html?ref=politics>in
the NYT.
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Clinton Campaign Money Legal but Problematic”
<http://electionlawblog.org/?p=82100>
Posted onApril 21, 2016 7:38 am
<http://electionlawblog.org/?p=82100>byRick Hasen
<http://electionlawblog.org/?author=3>
Eliza Newlin Carney
<http://prospect.org/article/clinton-campaign-money-legal-problematic>for TAP:
In legal terms, Bernie Sanders’s complaint that Hillary Clinton’s
joint fundraising agreement with the Democratic National Committee
improperly benefits her campaign doesn’t withstand close scrutiny.
The Sanders camp’s professed shock that the Hillary Victory Fund is
collecting contributions “as high as $353,400 or more” says less
about Clinton’s fundraising than it does about the near-total
deregulation of the nation’s campaign-finance system. Sanders lawyer
Brad C. Deutsch’sletter
<https://berniesanders.com/wp-content/uploads/2016/04/Bernie-2016-Letter-to-DNC-1.pdf>to
the DNC cites no actual rules violations, and manages to contradict
itself….
Nevertheless, the Sanders-Clinton dustup over the Hillary Victory
Fund, which hasraised $60.6 million
<http://www.fec.gov/fecviewer/CandidateCommitteeDetail.do>to be
divvied up between the DNC and 32 state party committees, spotlights
a type of high-dollar fundraising that is ripe for abuse and has not
been seen since the soft-money days of the 1990s. Thanks to a 2014
Supreme Court ruling, and to the Senate’s quiet move that same year
to blow the lid off political party contributions, the parties are
pocketing six- and seven-figure checks from donors—and lawmakers and
candidates are helping them raise it.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Americans need a government that works for all”
<http://electionlawblog.org/?p=82098>
Posted onApril 21, 2016 7:36 am
<http://electionlawblog.org/?p=82098>byRick Hasen
<http://electionlawblog.org/?author=3>
Liz Kennedy in the San Diego Union-Tribune
<http://www.sandiegouniontribune.com/news/2016/apr/20/kennedy-two-americas-oped-04212016/?#article-copy>:
But the fact is that a majority of Americans support the same basic
policies — including government action to fight income inequality
and improve wages, to regulate banks and the financial sector, to
make college more affordable and to deal with climate change.
Unfortunately, wealthy and special interests keep government from
being responsive and accountable to the people. And some politicians
seek to hold on to political power by preventing American voters
from exercising our authority in the voting booth. Simply put,
Americans don’t believe that government is working for them, and
studies confirm that government is more responsive to the policy
preferences of the wealthiest few than the majority of Americans.
That is not a healthy democracy; rather, it’s a corruption of our
democracy. Because in a democracy we should all be political equals.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“California’s voter registration forms don’t make sense — it’s time
for the state to change them” <http://electionlawblog.org/?p=82096>
Posted onApril 21, 2016 7:34 am
<http://electionlawblog.org/?p=82096>byRick Hasen
<http://electionlawblog.org/?author=3>
George Skelton
<http://www.latimes.com/politics/la-pol-sac-skelton-american-independent-party-20160421-story.html>in
the LAT:
About 400,000 Californians who might be planning to vote in the
state’s pivotal Democratic presidential primary June 7 could be in
for a shock.
They’ll be told, “Sorry, your vote’s no good here.”
They’re getting rooked, although they primarily rooked themselves.
The state also is to blame, however. It sat back, not giving a hoot,
and allowed this to happen. It should have been protecting the voters.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Mondello: African-American Vote Key In 9th Senate District Race;
Vote Suppression Also Attempted” <http://electionlawblog.org/?p=82094>
Posted onApril 21, 2016 7:28 am
<http://electionlawblog.org/?p=82094>byRick Hasen
<http://electionlawblog.org/?author=3>
Jeff Wice blogs.
<https://nyelectionsnews.wordpress.com/2016/04/21/mondello-african-american-vote-key-in-9th-senate-district-race-vote-suppression-also-attempted/>
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“Of Course The U.S. Is An ‘Oligarchy’ — We Keep Electing The Rich”
<http://electionlawblog.org/?p=82092>
Posted onApril 21, 2016 7:26 am
<http://electionlawblog.org/?p=82092>byRick Hasen
<http://electionlawblog.org/?author=3>
Nick Carnes
<http://talkingpointsmemo.com/cafe/of-course-the-u-s-is-an-oligarchy-we-keep-electing-the-rich>for
TPM Cafe.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“‘Legitimacy’: the FEC and the Press Exemption”
<http://electionlawblog.org/?p=82090>
Posted onApril 21, 2016 7:26 am
<http://electionlawblog.org/?p=82090>byRick Hasen
<http://electionlawblog.org/?author=3>
Bob Bauer blogs
<http://www.moresoftmoneyhardlaw.com/2016/04/legitimacy-fec-press-exemption/>.
I address the press exemption at some length in “The (New) Media”
chapter ofPlutocrats United
<http://www.amazon.com/Plutocrats-United-Campaign-Distortion-Elections/dp/0300212453/>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“How Bernie Sanders Raises All That Money”
<http://electionlawblog.org/?p=82088>
Posted onApril 21, 2016 7:22 am
<http://electionlawblog.org/?p=82088>byRick Hasen
<http://electionlawblog.org/?author=3>
Buzzfeed reports.
<http://www.buzzfeed.com/johntemplon/how-bernie-sanders-raises-all-that-money?utm_term=.uo11E6mQd#.ifxWez0Y3>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“The Loophole That Could Cost Donald Trump the Nomination”
<http://electionlawblog.org/?p=82086>
Posted onApril 21, 2016 7:18 am
<http://electionlawblog.org/?p=82086>byRick Hasen
<http://electionlawblog.org/?author=3>
Nate Cohn
<http://www.nytimes.com/2016/04/21/upshot/the-loophole-that-could-cost-donald-trump-the-nomination.html?_r=0>for
NYT’s The UpShot:
No other state leaves so many of its delegates unbound — allowed to
vote for whomever they please at the convention. That’s because it
conducts its loophole primary in two parts. First is the “beauty
contest,” which is a presidential primary preference vote. The
winner of the beauty contest gets all of Pennsylvania’s 17 at-large
and bonus delegates.
But the remaining 54 — the three delegates awarded to each
congressional district — are unbound and elected in the delegate
selection primary. In this part, voters directly elect delegates to
the national convention. What makes Pennsylvania’s G.O.P. delegate
selection primary so distinctive is that the ballot includes no
guidance on whom a delegate will support at the national convention
(the prospective Democratic delegates commit to a candidate). A
voter will just see a list of names — some of whom might be
recognizable, but others might as well be Joe Schmo.
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Posted inpolitical parties
<http://electionlawblog.org/?cat=25>,primaries
<http://electionlawblog.org/?cat=32>
“Trump campaign brings in lobbyists for key posts”
<http://electionlawblog.org/?p=82084>
Posted onApril 21, 2016 7:16 am
<http://electionlawblog.org/?p=82084>byRick Hasen
<http://electionlawblog.org/?author=3>
Politico reports.
<http://www.politico.com/story/2016/04/trump-turns-over-his-campaign-to-lobbyists-222242>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>,lobbying
<http://electionlawblog.org/?cat=28>
“RNC Delegates Should Think Twice Before Accepting Bags of Cash”
<http://electionlawblog.org/?p=82082>
Posted onApril 21, 2016 7:15 am
<http://electionlawblog.org/?p=82082>byRick Hasen
<http://electionlawblog.org/?author=3>
US News reports.
<http://www.usnews.com/news/articles/2016-04-19/rnc-delegates-should-think-twice-before-accepting-bags-of-cash>
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Posted incampaigns <http://electionlawblog.org/?cat=59>,political
parties <http://electionlawblog.org/?cat=25>,primaries
<http://electionlawblog.org/?cat=32>
“$1 billion spent in 2016 presidential race — and other numbers to
know” <http://electionlawblog.org/?p=82080>
Posted onApril 21, 2016 7:14 am
<http://electionlawblog.org/?p=82080>byRick Hasen
<http://electionlawblog.org/?author=3>
CPI reports.
<https://www.publicintegrity.org/2016/04/21/19580/1-billion-spent-2016-presidential-race-and-other-numbers-know>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Ballot Selfies: Why They Matter” <http://electionlawblog.org/?p=82074>
Posted onApril 20, 2016 7:41 pm
<http://electionlawblog.org/?p=82074>byRick Hasen
<http://electionlawblog.org/?author=3>
The following is a guest post fromLindsey Cormack
<http://personal.stevens.edu/%7Elcormack/>:
On the morning of the New York presidential primary, Lieutenant
Governor and former House Representative,Kathy Hochul
<https://twitter.com/KathyHochul>did what many other excited voters
across the state would do over the course of the day: live tweet her
civic engagement.
Picture1 <http://electionlawblog.org/wp-content/uploads/Picture1.png>
Lt. Governor Hochul started with a bike ride to her voting center.
She then took and posted a picture of the entrance of her polling
station.
Picture2 <http://electionlawblog.org/wp-content/uploads/Picture2.png>
She then posted a picture of her blank ballot featuring candidate
Hillary Clinton (this picture was subsequently removed). Everything
Lt. Governor Hochul posted thus far shows support for democratic
processes and is accordance with the law. Hochul likely tweeted the
pictures in the hope that her constituents and followers would
exercise their right to vote.
And then things became a bit more complicated.
Lt. Governor Hochul posted a picture of her ballot with the Hillary
bubble filled out and proclaimed that she was proud to have voted
for the former Senator.
Picture3 <http://electionlawblog.org/wp-content/uploads/Picture3.png>
note: this picture was later deleted from Representative Hochul’s
twitter account but was captured via screenshot prior to the deletion.
This last act is a misdemeanor.
TheNew York Elections Code
<http://law.justia.com/codes/new-york/2006/election/eln017-130_17-130.html>statue
reads:
17-130. Misdemeanor in relation to elections. Any person who:
…
10. Shows his ballot after it is prepared for voting, to any person so
as to reveal the contents, or solicits a voter to show the same; or,
11. Places any mark upon his ballot, or does any other act in
connection with his ballot with the intent that it may be
identified as the one voted by him; or,
12. Places any mark upon, or does any other act in connection with a
ballot or paster ballot, with the intent that it may
afterwards be identified as having been voted by any particular
person; or,
…
is guilty of a misdemeanor.
Hochul, with her photo and subsequent tweet clearly violate this
law. All of this happened within the first three opening hours of
New York polling stations. At 9:00 a.m. I walked into my Judicial
Politics class, explained to the students that we have a law
prohibiting selfies with a filled out ballot, and asked them why
they thought such a law would exist.
The first response was that it might allow for undue influence if
people of notoriety did this sort of thing. Another student quickly
chimed in to say that famous people are free to share their
political preferences on any social media platform so that probably
was not the reason for such a law.
A second student offered an explanation centering on the notion of a
voting booth as a private place, and that perhaps actions within
that sort of environment should be kept private. When pressed
further, it was unclear what further logic would explain why there
would be statutes preventing self-taken photographs in a private
space, as opposed to just statutes prohibiting someone else from
recording what happens in a private space. At this point in the
similarities between what happens in a voting booth and a toilet
stall were pointed out – I will not retell the analogies but assure
you there were many.
After this digression we got back to thinking about why it ought be
illegal to take a selfie featuring a completed ballot. The reason
they came to eventually was mostly correct. If it is illegal to
record and disseminate pictures of a completed ballot associated
with the person responsible for completion, it is harder for people
attempting to buy or coerce votes to follow through on threats if a
given voter does not do the bidding they were coerced into doing.
ProfessorRichard Hasen
<http://www.law.uci.edu/faculty/full-time/hasen/>has gone into great
detail on the how the problematic craze of publicoversharing of
voting details can corrupt the process
<http://blogs.reuters.com/great-debate/2015/08/17/why-the-selfie-is-a-threat-to-democracy/>.
And while it is not likely that Lt. Governor Hochul was bought or
coerced, it is important that citizens not work to create a norm
that may undermine the freedoms that provide citizens with things
like the private ballot and the awesomeness of internet-connected
smart phones.
Should any legal action be taken against Hochul? Probably not. Would
it be possible for authorities to take such action? Sure, and it
appears that she is aware of that. After questions were raised about
potential illegality of her photo and tweet on social media, she
removed her original post.
Should U.S. citizens, including elected representatives in
government be more mindful of unintended consequences of living all
parts of life though social media? Yes. Every so often we can learn
from an act without large immediate consequences, let us take this
opportunity to do so.
/Cormack is an assistant professor at Stevens Institute of
Technology. She maintains the DCInbox project of every official
House and Senate e-newsletter at/ *www.dcinbox.com*
<http://t.co/VSEtdh9tgL>/./
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Posted inelection administration <http://electionlawblog.org/?cat=18>
The Never-Decided Texas Redistricting Case Gets a New Briefing Order
<http://electionlawblog.org/?p=82071>
Posted onApril 20, 2016 4:22 pm
<http://electionlawblog.org/?p=82071>byRick Hasen
<http://electionlawblog.org/?author=3>
I don’t know if this has set a record, but this is unconscionable.
New order.
<http://electionlawblog.org/wp-content/uploads/4-20-2016-SA-court-supplemental-briefing-order.pdf>
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Posted inredistricting <http://electionlawblog.org/?cat=6>
“Why Voters Are Removed From The Rolls, Explained”
<http://electionlawblog.org/?p=82069>
Posted onApril 20, 2016 11:37 am
<http://electionlawblog.org/?p=82069>byRick Hasen
<http://electionlawblog.org/?author=3>
Pam Fessler reports
<http://www.npr.org/2016/04/20/474990269/why-voters-are-removed-from-the-rolls-explained?utm_source=twitter.com&utm_campaign=politics&utm_medium=social&utm_term=nprnews>for
NPR.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“What is shadow lobbying? How influence peddlers shape policy in the
dark” <http://electionlawblog.org/?p=82067>
Posted onApril 20, 2016 11:12 am
<http://electionlawblog.org/?p=82067>byRick Hasen
<http://electionlawblog.org/?author=3>
Sunlight explainer.
<http://sunlightfoundation.com/blog/2016/04/19/what-is-shadow-lobbying-how-influence-peddlers-shape-policy-in-the-dark/>
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Posted inlobbying <http://electionlawblog.org/?cat=28>
AZ: “Past Election Data Predicted High Independent Voter Turnout In
March Election” <http://electionlawblog.org/?p=82065>
Posted onApril 20, 2016 11:09 am
<http://electionlawblog.org/?p=82065>byRick Hasen
<http://electionlawblog.org/?author=3>
KJZZ
<http://kjzz.org/content/294449/past-election-data-predicted-high-independent-voter-turnout-march-election>:
On March 22, when Maricopa County voters had to wait in line for
hours to vote in the presidential preference election at just 60
voting centers, Maricopa County Recorder’s Office staff said they
were surprised by the number of independents who turned out to vote
since only members of the Democratic, Republican or Green parties
were allowed to participate.
“The problem is these independent voters are showing up, and they
are not eligible to vote in this election,” Elizabeth Bartholomew of
the Maricopa County Recorder’s Office told/KJZZ/on election day. “So
they’re taking time; they’re waiting in line; the poll worker has to
explain to them why they’re not eligible to vote.”
But while county election officials were seemingly caught off guard
by the number of independents at the polls this year,
a/KJZZ/analysis found that even more independents tried to vote in
2008’s presidential preference election— the year county officials
used as a model to predict turnout.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
There’s a Third Redistricting Lawsuit Pending in AZ
<http://electionlawblog.org/?p=82063>
Posted onApril 20, 2016 11:05 am
<http://electionlawblog.org/?p=82063>byRick Hasen
<http://electionlawblog.org/?author=3>
Arizona’s Politics is on it.
<http://arizonaspolitics.blogspot.com/2016/04/read-redistricting-eyes-now-turn-to.html>
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Posted inredistricting <http://electionlawblog.org/?cat=6>
“Newly Discovered Internal Documents Reveal Group’s Lies to IRS,
FEC” <http://electionlawblog.org/?p=82061>
Posted onApril 20, 2016 11:01 am
<http://electionlawblog.org/?p=82061>byRick Hasen
<http://electionlawblog.org/?author=3>
CREW with the rare smoking gun
<http://www.citizensforethics.org/blog/entry/newly-disclosed-internal-documents-reveal-groups-lies-to-irs-fec>showing
the charade of campaign organizations pretending they are “social
welfare groups.”
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
Image of the Day <http://electionlawblog.org/?p=82059>
Posted onApril 20, 2016 9:36 am
<http://electionlawblog.org/?p=82059>byRick Hasen
<http://electionlawblog.org/?author=3>
I voted
stickers<https://www.facebook.com/photo.php?fbid=1171781879522700&set=a.356817274352502.87448.100000726972171&type=3&theater>on
Susan B. Anthony’s gravestone.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
--
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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