[EL] ELB News and Commentary 12/20/16

Tue Dec 20 08:32:16 PST 2016

“Electoral College sees record-breaking defections”<http://electionlawblog.org/?p=90130>
Posted on December 20, 2016 8:26 am<http://electionlawblog.org/?p=90130> by Rick Hasen<http://electionlawblog.org/?author=3>
Politico:<http://www.politico.com/story/2016/12/electoral-college-electors-232836>
The seven so-called “faithless” votes cast by members of the Electoral College on Monday may go down as a noisy footnote to an otherwise chaotic 2016 election. But they also represent a historic breach between electors and the candidates they were expected to vote for.
The number of faithless votes has now become the most-ever cast in a single presidential election. The record was set in 1808, when six Democratic-Republican electors opposed James Madison. It’s also the first time since 1832 in which more than a single elector cast a faithless vote.
The bulk of the votes came from Washington state, where three Democratic electors bucked Hillary Clinton and cast votes for Colin Powell, a retired general, an African-American — and a Republican. These Democrats were supporting a failed effort meant to block the election of Donald Trump and unite behind an alternative Republican candidate. Powell turned out to be their choice.
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Posted in electoral college<http://electionlawblog.org/?cat=44>

“Democrats Had a Knife, and the G.O.P. Had a Gun”<http://electionlawblog.org/?p=90128>
Posted on December 20, 2016 8:10 am<http://electionlawblog.org/?p=90128> by Rick Hasen<http://electionlawblog.org/?author=3>
David Leonhardt<http://www.nytimes.com/2016/12/20/opinion/democrats-had-a-knife-and-the-gop-had-a-gun.html?_r=0> in the NYT:
President Obama and Gov. Pat McCrory of North Carolina don’t agree on many policy questions. But they have found themselves facing a similar political situation this year. And their very different reactions capture the deep — and alarming — differences between our two political parties right now.
Both Obama and McCrory essentially had their accomplishments on the ballot. McCrory, a Republican, was running for re-election. Obama wasn’t, but his chosen successor was running against a candidate who had personally demeaned him and promised to repeal his agenda.
As you’d expect, Obama and McCrory each campaigned hard. There, however, the similarities stopped. The differences have played out in three acts.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90128&title=%E2%80%9CDemocrats%20Had%20a%20Knife%2C%20and%20the%20G.O.P.%20Had%20a%20Gun%E2%80%9D>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Constitution Check: Can a violation of the Emoluments Clause be proven?”<http://electionlawblog.org/?p=90126>
Posted on December 20, 2016 8:08 am<http://electionlawblog.org/?p=90126> by Rick Hasen<http://electionlawblog.org/?author=3>
Lyle Denniston<http://blog.constitutioncenter.org/2016/12/constitution-check-can-a-violation-of-the-emoluments-clause-be-proven/> for Constituion Daily.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90126&title=%E2%80%9CConstitution%20Check%3A%20Can%20a%20violation%20of%20the%20Emoluments%20Clause%20be%20proven%3F%E2%80%9D>
Posted in conflict of interest laws<http://electionlawblog.org/?cat=20>

“Why Trump Had an Edge in the Electoral College”<http://electionlawblog.org/?p=90124>
Posted on December 20, 2016 7:54 am<http://electionlawblog.org/?p=90124> by Rick Hasen<http://electionlawblog.org/?author=3>
Nate Cohn<http://www.nytimes.com/2016/12/19/upshot/why-trump-had-an-edge-in-the-electoral-college.html?_r=0> for NYT’s The UpShot.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90124&title=%E2%80%9CWhy%20Trump%20Had%20an%20Edge%20in%20the%20Electoral%20College%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, electoral college<http://electionlawblog.org/?cat=44>

Rob Richie Talks to NPR’s Robert Siegel About the Electoral College and the National Popular Vote Movement<http://electionlawblog.org/?p=90122>
Posted on December 20, 2016 7:50 am<http://electionlawblog.org/?p=90122> by Rick Hasen<http://electionlawblog.org/?author=3>
Listen<http://www.npr.org/2016/12/19/506199940/fairvote-executive-director-advocates-for-electoral-college-reform> (or read).
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90122&title=Rob%20Richie%20Talks%20to%20NPR%E2%80%99s%20Robert%20Siegel%20About%20the%20Electoral%20College%20and%20the%20National%20Popular%20Vote%20Movement>
Posted in electoral college<http://electionlawblog.org/?cat=44>

“Donald Trump’s sons behind nonprofit selling access to president-elect”<http://electionlawblog.org/?p=90120>
Posted on December 20, 2016 7:43 am<http://electionlawblog.org/?p=90120> by Rick Hasen<http://electionlawblog.org/?author=3>
Blockbuster report<https://www.publicintegrity.org/2016/12/19/20564/donald-trumps-sons-behind-nonprofit-selling-access-president-elect> from CPI:
A new Texas nonprofit<https://www.documentcloud.org/documents/3243182-BUSINESS-ORGANIZATIONS-INQUIRY-VIEW-ENTITY.html> led by Donald Trump’s grown sons is offering access to the freshly-minted president during inauguration weekend — all in exchange for million-dollar donations to unnamed “conservation” charities, according to interviews and documents reviewed by the Center for Public Integrity<http://www.publicintegrity.org/politics>.
And the donors’ identities may never be known.
Prospective million-dollar donors to the “Opening Day 2017” event — slated for Jan. 21, the day after inauguration, at Washington, D.C.’s Walter E. Washington Convention Center — receive a “private reception and photo opportunity for 16 guests with President Donald J. Trump,” a “multi-day hunting and/or fishing excursion for 4 guests with Donald Trump, Jr. and/or Eric Trump, and team,” as well as tickets to other events and “autographed guitars by an Opening Day 2017 performer.”
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90120&title=%E2%80%9CDonald%20Trump%E2%80%99s%20sons%20behind%20nonprofit%20selling%20access%20to%20president-elect%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, tax law and election law<http://electionlawblog.org/?cat=22>

Watch Video of NYU Forum on “A New American Political System?”<http://electionlawblog.org/?p=90116>
Posted on December 19, 2016 3:04 pm<http://electionlawblog.org/?p=90116> by Rick Hasen<http://electionlawblog.org/?author=3>
This was a great conference.<http://electionlawblog.org/?p=89471>
Video courtesy of CSPAN:
Vice President Biden Keynote<https://www.c-span.org/video/?419786-3/vice-president-biden-speaks-2016-presidential-election>

  *   Viability of Third Parties<https://www.c-span.org/video/?419786-2/discussion-focuses-role-third-party-american-political-system> (Ginsberg, Keating, Pildes)
  *   Role of Media in the 2016 Election<https://www.c-span.org/video/?419786-5/jen-psaki-ruth-marcus-discuss-role-media-2016-election> (Marcus, Psaki)
  *   Technology in Political Campaigns<https://www.c-span.org/video/?419786-6/technology-political-campaigns> (Goodstein, Persily, Rospars)
  *   Fred Yang on 2016 Campaign Polling<https://www.c-span.org/video/?419786-7/fred-yang-2016-campaign-polling>
  *   Campaign Finance Reform Panel<https://www.c-span.org/video/?419786-4/campaign-finance-reform-panel> (Donnelly, Hasen, Issacharoff)

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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>, political parties<http://electionlawblog.org/?cat=25>

“FSFP & The Campaign for Accountability File FEC Complaint Against Russian Government and Trump Campaign”<http://electionlawblog.org/?p=90114>
Posted on December 19, 2016 2:59 pm<http://electionlawblog.org/?p=90114> by Rick Hasen<http://electionlawblog.org/?author=3>
Release:<http://freespeechforpeople.org/fec-complaint-russian-govt-trump-campaign/>
Two leading public interest organizations, Free Speech For People<http://freespeechforpeople.org/> and the Campaign for Accountability<http://campaignforaccountability.org/>, filed today a complaint<http://freespeechforpeople.org/cms/assets/uploads/2016/12/FEC-Admin-Complaint-Trump-Russia_121616.pdf> before the Federal Election Commission demanding “an immediate investigation” into whether the Russian Government illegally spent money to influence the 2016 presidential election, in possible coordination with the Trump campaign.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>

“Commentary: Justice who follows Scalia’s path would hurt the working class”<http://electionlawblog.org/?p=90112>
Posted on December 19, 2016 2:53 pm<http://electionlawblog.org/?p=90112> by Rick Hasen<http://electionlawblog.org/?author=3>
Bruce Larson oped<http://www.philly.com/philly/opinion/20161219_Commentary__Justice_who_follows_Scalia_s_path_would_hurt_the_working_class.html> for Philly.com.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90112&title=%E2%80%9CCommentary%3A%20Justice%20who%20follows%20Scalia%E2%80%99s%20path%20would%20hurt%20the%20working%20class%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, Supreme Court<http://electionlawblog.org/?cat=29>

Ohio Elector Resigns as Member of Electoral College to Keep Her State House Seat<http://electionlawblog.org/?p=90110>
Posted on December 19, 2016 7:56 am<http://electionlawblog.org/?p=90110> by Rick Hasen<http://electionlawblog.org/?author=3>
Release:<http://www.chandralaw.com/blog/2016/12/victory-state-rep-christina-hagan-resigns-as-trump-presidential-electoral-college-member-having-viol.shtml>
In a victory for Ohio voters and the Ohio Constitution, Ohio 50th District State Representative Christina Hagan (R-Alliance) has belatedly resigned as a member of the presidential Electoral College. The Electoral College is slated to meet at noon today, December 19, in the state capitol in Columbus.
Hagan was facing a complaint and motion for a temporary restraining order before Judge John Haas of Canton, showing that Hagan, by serving as both a member of Ohio’s General Assembly and presidential elector, was violating Article II, Section 4 of the Ohio Constitution. Her vote would have been illegal.<http://www.chandralaw.com/blog/2016/12/chandra-law-clients-seek-restraining-order-against-ohio-state-rep-christina-hagan-saying-that-by-ser.shtml>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90110&title=Ohio%20Elector%20Resigns%20as%20Member%20of%20Electoral%20College%20to%20Keep%20Her%20State%20House%20Seat>
Posted in electoral college<http://electionlawblog.org/?cat=44>

“Voter Fraud Myths and Realities: Q&A”<http://electionlawblog.org/?p=90108>
Posted on December 19, 2016 7:39 am<http://electionlawblog.org/?p=90108> by Rick Hasen<http://electionlawblog.org/?author=3>
I did this Q & A<https://www.bloomberg.com/view/articles/2016-12-19/voter-fraud-myths-and-realities-q-a> with Frank Wilkinson at Bloomberg View.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90108&title=%E2%80%9CVoter%20Fraud%20Myths%20and%20Realities%3A%20Q%26A%E2%80%9D>
Posted in election administration<http://electionlawblog.org/?cat=18>, fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>

“On Trump Conflicts, Don’t Forget About the Other Emoluments Clause”<http://electionlawblog.org/?p=90106>
Posted on December 19, 2016 7:13 am<http://electionlawblog.org/?p=90106> by Rick Hasen<http://electionlawblog.org/?author=3>
Brianne Gorod blogs.<http://www.huffingtonpost.com/brianne-j-gorod/on-trump-conflicts-dont-f_b_13721348.html>

[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90106&title=%E2%80%9COn%20Trump%20Conflicts%2C%20Don%E2%80%99t%20Forget%20About%20the%20Other%20Emoluments%20Clause%E2%80%9D>
Posted in conflict of interest laws<http://electionlawblog.org/?cat=20>

“Trump advisers spar over new political arm; Rivaling factions jockey over who should head the group central to Trump’s political agenda.”<http://electionlawblog.org/?p=90104>
Posted on December 19, 2016 7:07 am<http://electionlawblog.org/?p=90104> by Rick Hasen<http://electionlawblog.org/?author=3>
Shane Goldmacher<http://www.politico.com/story/2016/12/donald-trump-nonprofit-group-232798> for Politico.
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90104&title=%E2%80%9CTrump%20advisers%20spar%20over%20new%20political%20arm%3B%20Rivaling%20factions%20jockey%20over%20who%20should%20head%20the%20group%20central%20to%20Trump%E2%80%99s%20political%20agenda.%E>
Posted in campaigns<http://electionlawblog.org/?cat=59>, tax law and election law<http://electionlawblog.org/?cat=22>

“The Emoluments Clause: Its text, meaning, and application to Donald J. Trump”<http://electionlawblog.org/?p=90102>
Posted on December 19, 2016 7:00 am<http://electionlawblog.org/?p=90102> by Rick Hasen<http://electionlawblog.org/?author=3>
Norm Eisen, Richard Painter, and Larry Tribe issue paper for Brookings.<https://www.brookings.edu/research/the-emoluments-clause-its-text-meaning-and-application-to-donald-j-trump/>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90102&title=%E2%80%9CThe%20Emoluments%20Clause%3A%20Its%20text%2C%20meaning%2C%20and%20application%20to%20Donald%20J.%20Trump%E2%80%9D>
Posted in conflict of interest laws<http://electionlawblog.org/?cat=20>, ethics investigations<http://electionlawblog.org/?cat=42>

“The Quandaries of Ethics Reform in the Trump Era”<http://electionlawblog.org/?p=90100>
Posted on December 19, 2016 6:58 am<http://electionlawblog.org/?p=90100> by Rick Hasen<http://electionlawblog.org/?author=3>
Bauer blogs.<http://www.moresoftmoneyhardlaw.com/2016/12/quandaries-ethics-reform-trump-era/>
[hare]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D90100&title=%E2%80%9CThe%20Quandaries%20of%20Ethics%20Reform%20in%20the%20Trump%20Era%E2%80%9D>
Posted in conflict of interest laws<http://electionlawblog.org/?cat=20>

--
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
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org<http://electionlawblog.org/>
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