[EL] ELB Quick Hits/Issacharoff paper

Tue Dec 27 17:42:31 PST 2016

ELB Quick Hits<http://electionlawblog.org/?p=90187>
Posted on December 27, 2016 5:40 pm<http://electionlawblog.org/?p=90187> by Rick Hasen<http://electionlawblog.org/?author=3>
Kevin J. Hamilton and Jonathan S. Berkon in WaPo<https://www.washingtonpost.com/opinions/fraud-is-just-another-word-for-disenfranchisement/2016/12/27/4417fae6-cb8c-11e6-b8a2-8c2a61b0436f_story.html?utm_term=.8509d04b384f&wpmk=MK0000200> oped: “The inconvenient fact is, actual voter fraud is vanishingly rare in American politics. The McCrory campaign backed more than 50 county-level “protests” alleging fraud, and almost all of them were unceremoniously dismissed by Republican-dominated election boards. But the so-called voter fraud taint lives on. Even in his brief concession speech<http://www.journalnow.com/news/state_region/pat-mccrory-concedes-calling-election-nc-s-closest-governor-s/article_5cc73696-64e5-572f-905d-e135b97029b5.html>, McCrory spoke of ‘continued questions that should be answered regarding the voting process.'”
Seth Barrett Tillman argues<http://tinyurl.com/zvv6ey2> it is much more uncertain than Eisen, Painter, and Tribe say whether the President is bound by the Foreign Emoluments Clause.
Poliitco: Trump rewards big donors with jobs and access<http://www.politico.com/story/2016/12/donald-trump-donors-rewards-232974>:
More than a third of the almost 200 people who have met with President-elect Donald Trump since his election last month, including those interviewing for administration jobs, gave large amounts of money to support his campaign and other Republicans this election cycle.
Together the 73 donors contributed $1.7 million to Trump and groups supporting him, according to a POLITICO analysis of Federal Election Commission records, and $57.3 million to the rest of the party, averaging more than $800,000 per donor.
E.J. Dionne argues<https://www.washingtonpost.com/opinions/the-electoral-college-is-the-worst-of-both-worlds-its-time-for-it-to-go/2016/12/25/e6ffd052-c958-11e6-bf4b-2c064d32a4bf_story.html?utm_term=.09032d336033> against the Electoral College (and George Will’s defense of it<https://www.washingtonpost.com/opinions/the-electoral-college-is-an-excellent-system/2016/12/16/30480790-c2ef-11e6-9a51-cd56ea1c2bb7_story.html?utm_term=.85ea98f70766>) and for instant-runoff voting.
WaPo video: The civil rights case that haunts Donald Trump’s pick for attorney general<https://www.washingtonpost.com/video/politics/trumps-attorney-general-and-the-case-shadowing-his-career/2016/12/25/54c2a646-ca62-11e6-acda-59924caa2450_video.html>
 WaPo: Obama administration is close to announcing measures to punish Russia for election interference<https://www.washingtonpost.com/world/national-security/the-white-house-is-scrambling-for-a-way-to-punish-russian-hackers-via-sanctions/2016/12/27/0eee2fdc-c58f-11e6-85b5-76616a33048d_story.html?utm_term=.f3218167498f>
CPI reviews <https://www.publicintegrity.org/2016/12/27/20575/numbers-election-2016> Election 2016 “by the numbers.”

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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Ninth Circuit Panel Unanimously Rejects Racial Voting Restriction in Northern Mariana Islands Election<http://electionlawblog.org/?p=90185>
Posted on December 27, 2016 5:24 pm<http://electionlawblog.org/?p=90185> by Rick Hasen<http://electionlawblog.org/?author=3>
The opinion by Chief Judge Thomas is here<http://cdn.ca9.uscourts.gov/datastore/opinions/2016/12/27/14-16090.pdf>.
The opinion relies upon the Supreme Court’s decision in Rice v. Cayetano.
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Posted in voting<http://electionlawblog.org/?cat=31>

ELB Quick Hits<http://electionlawblog.org/?p=90183>
Posted on December 23, 2016 1:55 pm<http://electionlawblog.org/?p=90183> by Rick Hasen<http://electionlawblog.org/?author=3>
Seth Barrett Tillman, The Presidential Compensation Clause & Trump’s “No New Deals” Motto<http://reformclub.blogspot.ie/2016/12/the-presidential-compensation-clause.html>
Andrew Reynolds, North Carolina is No Longer Classified as a Democracy<http://www.newsobserver.com/opinion/op-ed/article122593759.html> (News & Observer oped)
Electionline Weekly, Exit interviews with Secretaries McCulloch and Tenant<http://electionline.org/index.php?subid=2217&option=com_acymailing&ctrl=url&urlid=18&mailid=263>
NYT, Trump’s Son, Fearing ‘Quagmire,’ to Stop Soliciting for Charity<http://www.nytimes.com/2016/12/21/us/politics/eric-trump-charity.html?ref=politics>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Outsourcing Politics: The Hostile Takeovers of Our Hollowed out Political Parties”<http://electionlawblog.org/?p=90181>
Posted on December 23, 2016 1:31 pm<http://electionlawblog.org/?p=90181> by Rick Hasen<http://electionlawblog.org/?author=3>
Sam Issacharoff has posted this draft<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2888064> on SSRN (forthcoming, Houston Law Review).  Here is the abstract:
In 2016, both the Republicans and Democrats experienced efforts at hostile takeover of their presidential campaigns. On the Republican side of the ledger, the takeover was successful and ultimately yielded the presidency of Donald Trump. The Democratic effort, by a candidate who never actually joined the party, was beaten back only after a long and bruising primary campaign.
This article examines some of the sources of weakness of contemporary political parties that leave them less able to control their internal party selection processes, and that further hamper their ability to govern effectively. The key insight is taken from a view of the political party as a firm, following the pioneering work of Ronald Coase, and then to merge that onto the modern understanding of political parties as a precarious balance of the desires of the electoral faithful, the interests of the party apparatus, and the governance needs of the party’s elected officials. In effect, this paper joins the economic insights of Coase to the political analysis of V.O. Key.
Historically, American political parties managed divergent interests by control over three critical political functions: access to campaign funding, delivery of patronage governmental positions, and control over the nomination process. Each of these functions has been compromised by legal reforms over the past century. With the inability to internalize control over critical organizational functions, the various constituencies of the modern political party have the choice to “buy not make,” in the language of modern firm economics. Over time, the external option has changed the dynamic of politics, as evident in the last presidential election.
This article does not offer a simply story of redemption through reform. The political party of old would strike modern sensibilities as insufficiently transparent and inclusive. But in the absence of the coordinating role of the party, politics becomes more atomized, rhetoric hardens, and governance becomes more complicated.
Can’t wait to read this!
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Posted in campaigns<http://electionlawblog.org/?cat=59>, political parties<http://electionlawblog.org/?cat=25>

--
Rick Hasen
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UC Irvine School of Law
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