[EL] ELB News and Commentary 2/1/16
Rick Hasen
rhasen at law.uci.edu
Mon Feb 1 07:57:45 PST 2016
“Federal trial in Voter ID lawsuits expected to wrap up”
<http://electionlawblog.org/?p=79477>
Posted onFebruary 1, 2016 7:53 am
<http://electionlawblog.org/?p=79477>byRick Hasen
<http://electionlawblog.org/?author=3>
AP
reports<http://www.statesville.com/news/state/ap/federal-trial-in-voter-id-lawsuits-expected-to-wrap-up/article_e423010e-99ff-5a53-ab9a-948616e9e8e7.html>from
NC.
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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>
“Trump Condemns Cruz’s ‘Most Disgraceful’ Voter Violation Mailers”
<http://electionlawblog.org/?p=79475>
Posted onFebruary 1, 2016 7:52 am
<http://electionlawblog.org/?p=79475>byRick Hasen
<http://electionlawblog.org/?author=3>
TPM reports.
<http://talkingpointsmemo.com/livewire/trump-condemns-cruz-campaign-mailers>
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“Donations, big and small, continue to pour into 2016 race”
<http://electionlawblog.org/?p=79473>
Posted onFebruary 1, 2016 7:51 am
<http://electionlawblog.org/?p=79473>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo reports.
<https://www.washingtonpost.com/politics/billionaires-and-small-donors-help-pour-millions-into-2016-race/2016/01/31/c5d2d63c-c85e-11e5-88ff-e2d1b4289c2f_story.html>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Campaign-Finance Reports Suggest Long Battles for U.S. Presidential
Elections” <http://electionlawblog.org/?p=79471>
Posted onFebruary 1, 2016 7:50 am
<http://electionlawblog.org/?p=79471>byRick Hasen
<http://electionlawblog.org/?author=3>
WSJ reports.
<http://www.wsj.com/articles/campaign-finance-reports-suggest-long-battles-for-u-s-presidential-elections-1454331746>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“GOP, State Agree on Court Question to Resolve Election Law Dispute”
<http://electionlawblog.org/?p=79469>
Posted onFebruary 1, 2016 7:48 am
<http://electionlawblog.org/?p=79469>byRick Hasen
<http://electionlawblog.org/?author=3>
KSL
<https://www.ksl.com/?sid=38323362&nid=148&title=gop-state-agree-on-court-question-to-resolve-election-law-dispute&s_cid=queue-18>:
The Utah Republican Party and the state agreed on a question Friday
to pose to the Utah Supreme Court to resolve their ongoing dispute
over a new election law.
Specifically, they will ask the court if a political party must
permit its members to seek nominations for elected office by either
or both of the methods spelled out in the law or if party may
preclude a member from gathering signatures.
The GOP maintains the decision rests with the party, and it has
chosen Utah’s longstanding caucus and convention system. The state
contends the candidate has the option to seek the nomination at the
convention or by collecting a requisite number of signatures allowed
under SB54 or both.
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Posted inpolitical parties
<http://electionlawblog.org/?cat=25>,primaries
<http://electionlawblog.org/?cat=32>
“White House race nearing $1 billion; Big-money super PACs have
raised almost half of presidential cash”
<http://electionlawblog.org/?p=79467>
Posted onFebruary 1, 2016 7:23 am
<http://electionlawblog.org/?p=79467>byRick Hasen
<http://electionlawblog.org/?author=3>
CPI reports
<http://www.publicintegrity.org/2016/02/01/19220/white-house-race-nearing-1-billion>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Diluting the Power of Big Money” <http://electionlawblog.org/?p=79465>
Posted onFebruary 1, 2016 7:13 am
<http://electionlawblog.org/?p=79465>byRick Hasen
<http://electionlawblog.org/?author=3>
Renee Loth column
<http://www.bloomberg.com/politics/articles/2016-02-01/the-power-of-the-super-pac-wanes-as-trump-prepares-for-iowa-test?cmpid=BBD020116_POL>for
the Boston Globe.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“The Power of the Super-PAC Wanes as Trump Prepares for Iowa Test”
<http://electionlawblog.org/?p=79463>
Posted onFebruary 1, 2016 7:12 am
<http://electionlawblog.org/?p=79463>byRick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg reports.
<http://www.bloomberg.com/politics/articles/2016-02-01/the-power-of-the-super-pac-wanes-as-trump-prepares-for-iowa-test?cmpid=BBD020116_POL>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Adelson begins to play with his new toy”
<http://electionlawblog.org/?p=79461>
Posted onFebruary 1, 2016 7:06 am
<http://electionlawblog.org/?p=79461>byRick Hasen
<http://electionlawblog.org/?author=3>
Ralston reports
<https://www.ralstonreports.com/blog/adelson-begins-play-his-new-toy>:
Once upon a time, The Las Vegas Review-Journal editorial page was a
bastion of libertarianism, arguing, among other things, that public
money should not be used to subsidize stadium projects.
But on Sunday, after prominent stories given to the newspaper by its
new owner, the RJ has switched its position and come outin favor of
public money
<http://www.reviewjournal.com/opinion/editorials/editorial-no-place-dome-stadium-proposal-must-do>for
a new stadium being pushed by said owner, Sheldon Adelson, to
possibly host the NFL Raiders. The editorial was featured on the
home page of the site, right belowa story
<http://www.reviewjournal.com/business/stadium/public-funding-would-cover-two-thirds-unlv-stadium-costs>leading
the site about public financing for the proposal, which already has
catalyzed a blizzard of negative comments.
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“Wall Street’s Donor Role Expands as Money Flows Into 2016 Election”
<http://electionlawblog.org/?p=79459>
Posted onJanuary 31, 2016 5:54 pm
<http://electionlawblog.org/?p=79459>byRick Hasen
<http://electionlawblog.org/?author=3>
WSJ
<http://www.wsj.com/articles/wall-streets-donor-role-expands-as-money-flows-into-2016-election-1454288426?mod=rss_US_News>on
the rise of the plutocracy:
Wall Street is emerging as a particularly dominant funding source
for Republicans and Democrats in the presidential election, early
campaign-finance reports filed with the Federal Election Commission
show. The trend comes even as candidates seek to cast themselves as
uniquely able to take on the bankers and investors who contributed
to the economy’s collapse almost a decade ago.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Trump’s Pitch Highlights that Ballots are Secret”
<http://electionlawblog.org/?p=79457>
Posted onJanuary 31, 2016 5:49 pm
<http://electionlawblog.org/?p=79457>byRick Hasen
<http://electionlawblog.org/?author=3>
Political Wire
<https://politicalwire.com/2016/01/31/trumps-pitch-highlights-that-ballots-are-secret/>highlights
this aspect ofa NYT repor
<http://www.nytimes.com/2016/01/31/us/politics/ted-cruz-counters-donald-trump-with-targeted-approach-in-iowa.html?_r=0>t
on tomorrow’s Iowa caucus. There’s no secret ballot on the Democratic side.
Why does this matter that Republican votes are secret? We’ve seen it
before: people are sometimes reluctant to admit to pollsters how they
plan to vote if they expect the pollsters to disapprove. With Trump
branded a racist and boor by some, this could cause people to lie to
pollsters and then pollsters underestimate his support.
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“November’s big ballot probably won’t be downsized by California’s
new election law” <http://electionlawblog.org/?p=79455>
Posted onJanuary 31, 2016 5:34 pm
<http://electionlawblog.org/?p=79455>byRick Hasen
<http://electionlawblog.org/?author=3>
John Myers
<http://www.latimes.com/politics/la-pol-sac-initiative-reform-november-ballot-20160131-story.html>for
the LAT:
In a state where direct democracy is considered a birthright,
activists have often bypassed legislators and asked voters to write
laws at the ballot box.
But one year after the enactment of what was hailed as a major
electoral reform to encourage compromise between the two lawmaking
processes, there’s still skepticism of working inside the world of
Sacramento politics.
Even from some politicians who work there.
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Posted indirect democracy <http://electionlawblog.org/?cat=62>
“The Jeb Bush Hatchet Man Who Might Accidentally Elect Donald Trump”
<http://electionlawblog.org/?p=79453>
Posted onJanuary 31, 2016 5:24 pm
<http://electionlawblog.org/?p=79453>byRick Hasen
<http://electionlawblog.org/?author=3>
Jeb Bush Super PAC fundraisingmay matter
<http://www.buzzfeed.com/mckaycoppins/the-jeb-bush-hatchet-man-who-might-accidentally-elect-donald#.uevZx71N0>,
but not in the way you might think.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
Talk of Clinton Indictment Fueling Legal (But Mostly Political)
Questions <http://electionlawblog.org/?p=79451>
Posted onJanuary 31, 2016 2:46 pm
<http://electionlawblog.org/?p=79451>byRick Hasen
<http://electionlawblog.org/?author=3>
Mike Allen’s Playbook <http://www.politico.com/playbook>leads with Peter
Baker’s comments <https://www.youtube.com/watch?v=kqYefKMNGe4>on CNN: re
Hillary emails: “Her problem at this point is NOT the Republicans. Her
problem is the FBI and the Obama Justice Department. And what Democrats
are quietly, absolutely petrified about is that come summer, … you find
an indictment of people around her, of her, or a request for a special
prosecutor — SOMETHING that just basically turns this into a complete
DISASTER for the Democrats in which it’s too late to change horses.”
I’m hearing more talk from Republicans convinced that there will be such
an indictment. Seth Barrett Tillmanhas even blogged
<http://reformclub.blogspot.ie/2016/01/two-presidential-candidates-consistent.html>on
what happens if such an indictment strikes at various points in the
election. Tillman’s post gotJack Balkin’s
<http://balkin.blogspot.com/2016/01/more-grist-for-law-professors-mill.html>attention,
who says that the general issue deserves some academic attention.
Perhaps so. But this seems much more likely to be a political problem
for Clinton than a legal one, givenindications from the White
House<http://www.weeklystandard.com/wh-clinton-wont-be-indicted-based-on-what-we-know/article/2000828>that
no indictment appears in the cards. The immediate political question
will be whether Bernie Sanders comes down heavier on this issue. At
first he said no more about the “damn emails,” and now he said that it
its a “very serious issue
<http://www.cnn.com/2016/01/31/politics/bernie-sanders-hillary-clinton-emails-iowa/index.html>.”
But whatever Sanders throws will be much less than what I expect to
see from Republicans after Clinton gets the Democratic nomination.
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“The New Anti-Sanders Super PAC Is Funded By Anti-Clinton Donors”
<http://electionlawblog.org/?p=79449>
Posted onJanuary 31, 2016 2:29 pm
<http://electionlawblog.org/?p=79449>byRick Hasen
<http://electionlawblog.org/?author=3>
Some three-dimensional chess
<http://www.huffingtonpost.com/entry/esa-fund-anti-sanders-super-pac_us_56ae76cae4b0010e80ea89fa?4nsl9pb9=>from
Joe Ricketts:
About a week ago, a super PAC bankrolled by a wealthy conservative
donorannounced that
<http://www.nytimes.com/politics/first-draft/2016/01/25/bernie-sanders-a-target-of-ads-by-republican-donor/>it
would run an ad attacking Sen. Bernie Sanders (I-Vt.) for being too
far along the ideological spectrum.
The group, called ESA Fund, was reportedly backed by $600,000 in
spending from TD Ameritrade executive Joe Ricketts. And its ad went
after Sanders for supporting things like free college tuition,
Medicare for all and tax hikes on the super rich.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“How a California senator plans to take on the City of Industry”
<http://electionlawblog.org/?p=79447>
Posted onJanuary 31, 2016 2:27 pm
<http://electionlawblog.org/?p=79447>byRick Hasen
<http://electionlawblog.org/?author=3>
An important and underreported story.
<http://www.dailynews.com/government-and-politics/20160130/how-a-california-senator-plans-to-take-on-the-city-of-industry>
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Posted inchicanery <http://electionlawblog.org/?cat=12>,voting
<http://electionlawblog.org/?cat=31>
“NC’s new Voter ID rule narrows the right to vote”
<http://electionlawblog.org/?p=79445>
Posted onJanuary 31, 2016 2:24 pm
<http://electionlawblog.org/?p=79445>byRick Hasen
<http://electionlawblog.org/?author=3>
Ned Barnett column
<http://www.newsobserver.com/opinion/opn-columns-blogs/ned-barnett/article57519288.html>in
the /News and Observer./
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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>
“Hedge fund managers shower millions on pro-Rubio super PAC”
<http://electionlawblog.org/?p=79443>
Posted onJanuary 31, 2016 2:20 pm
<http://electionlawblog.org/?p=79443>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo reports.
<https://www.washingtonpost.com/news/post-politics/wp/2016/01/31/hedge-fund-managers-shower-millions-on-pro-rubio-super-pac/>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Finding solutions to the campaign finance crisis”
<http://electionlawblog.org/?p=79441>
Posted onJanuary 31, 2016 2:19 pm
<http://electionlawblog.org/?p=79441>byRick Hasen
<http://electionlawblog.org/?author=3>
Norm Eisen and Curtlyn Krame
<http://www.brookings.edu/blogs/fixgov/posts/2016/01/29-solutions-to-the-campaign-finance-crisis-eisen-kramer>r
at Brookings.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
The Real Crime of the Caucus Process is Not Cruz’s Mailer but the
Caucus Process Itself <http://electionlawblog.org/?p=79438>
Posted onJanuary 31, 2016 2:05 pm
<http://electionlawblog.org/?p=79438>byRick Hasen
<http://electionlawblog.org/?author=3>
Look
<http://www.newyorker.com/news/news-desk/ted-cruzs-iowa-mailers-are-more-fraudulent-than-everyone-thinks?reload>at
how Ryan Lizza’s piece on the Ted Cruzmisleading
mailers<http://electionlawblog.org/?p=79435>ends:
Donna Holstein, who was listed on one of them, was upset to learn
that she had been given a failing grade and that her neighbors might
be told whether she participates in the caucus or not. She told me
that she has voted consistently but that she can’t this time because
of a disability.
“I’m crippled, so I can’t go to the caucus,” Holstein said. She was
not happy about being shamed in front of her neighbors. “That’s what
you call a bully,” she said about Cruz’s tactics. “I wish he would
quit.”
The caucus system is inherently discriminatory against those who are
disabled, or who have to work or travel during caucus time. See my 2012
Slate piece:Kill the Caucuses!
<http://www.slate.com/articles/news_and_politics/jurisprudence/2012/02/congress_should_kill_the_republican_and_democratic_state_caucuses_and_mandate_primaries_instead_.html>
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,primaries
<http://electionlawblog.org/?cat=32>
“Ted Cruz Defends Mailer Dubbed ‘Misleading’ By Iowa’s Secretary of
State” <http://electionlawblog.org/?p=79435>
Posted onJanuary 31, 2016 1:00 pm
<http://electionlawblog.org/?p=79435>byRick Hasen
<http://electionlawblog.org/?author=3>
Pema Levy
<http://www.motherjones.com/mojo/2016/01/ted-cruz-defends-voting-violation-mailer-iowa>for
Mother Jones:
Ted Cruz on Saturday evening defended a mailer sent out by his
campaign that has beencriticized
<http://www.nytimes.com/politics/first-draft/2016/01/30/iowa-official-criticizes-cruz-campaign-over-mailer/>by
Iowa’s secretary of state as “misleading” and a violation of “the
spirit of the Iowa caucuses.”
“I will apologize to no one for using every tool we can to encourage
Iowa voters to come out and vote,” Cruz said, speaking to reporters
before a rally in Sioux City, Iowa.
Earlier Saturday, the Cruz campaign came under fire for sending out
a mailer, with the look of an official state document, that warns of
a “voting violation.” It informs voters they are receiving the
notice “because of low expected voter turnout in your area” and says
a “follow-up notice” may arrive after the Iowa caucuses.
I’ve been getting questions about the legality of the Cruz mailer.
There is no federal law barring generally misleading campaign speech.
There are laws against intimidating voters, but I don’t think that’s
what it is.
The alternative would be some kind of claim of common law fraud (a
tort), but this could well be a stretch.
There are also first amendment issues related to regulatingmisleading
campaign speech
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2151618>.
Unless there’s something specific in Iowa law making this illegal (and
unless such a law is constitutional), I think this kind of mailer is
allowed.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“The Koch Network Has Already Spent $400 Million In Run-Up To 2016”
<http://electionlawblog.org/?p=79433>
Posted onJanuary 30, 2016 6:35 pm
<http://electionlawblog.org/?p=79433>byRick Hasen
<http://electionlawblog.org/?author=3>
Tarini Parti
<http://www.buzzfeed.com/tariniparti/the-koch-network-has-already-spent-400-million-in-run-up-to#.drOw39LnQ>reports
for Buzzfeed from the Koch meeting in CA.
Koch’s comments at a resort in the California desert were part of
his opening remarks for the annual winter meeting of the network,
which intends to spend $889 million on conservative causes and
candidates in line with the brothers’ political philosophy in the
two-year 2016 election cycle. The network — called Freedom Partners
— already spent just under $400 million in 2015, a top official
revealed Saturday.
In his remarks, Koch also laid out four priorities for the network
that he believes will change the country.
“The first one is to change, reverse the policies that are moving us
toward…a society that is destroying opportunities for the
disadvantage and creating welfare for the wealthy,” he said.
“The second one is the irresponsible, destructive spending by both
political parties that is making people’s lives worse. And the third
one is to get government at all levels — that is local, state and
federal — to focus on the government’s primary responsibility to
keep America safe instead of being distracted with all sorts of
other objectives…And last, but not least — protecting free speech,
which is the foundation of a free society.”
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79433&title=%26%238220%3BThe%20Koch%20Network%20Has%20Already%20Spent%20%24400%20Million%20In%20Run-Up%20To%202016%26%238221%3B&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>,tax law and election law
<http://electionlawblog.org/?cat=22>
“Brooklyn Law School hosts Buckley v. Valeo discussion for case’s
40th anniversary” <http://electionlawblog.org/?p=79431>
Posted onJanuary 30, 2016 6:34 pm
<http://electionlawblog.org/?p=79431>byRick Hasen
<http://electionlawblog.org/?author=3>
The Brooklyn Eagle reports.
<http://www.brooklyneagle.com/articles/2016/1/29/brooklyn-law-school-hosts-buckley-v-valeo-discussion-case%E2%80%99s-40th-anniversary>
Share
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79431&title=%26%238220%3BBrooklyn%20Law%20School%20hosts%20Buckley%20v.%20Valeo%20discussion%20for%20case%E2%80%99s%2040th%20anniversary%26%238221%3B&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
“A Landmark of Political Freedom” <http://electionlawblog.org/?p=79428>
Posted onJanuary 30, 2016 6:33 pm
<http://electionlawblog.org/?p=79428>byRick Hasen
<http://electionlawblog.org/?author=3>
Brooklyn Law
<https://www.brooklaw.edu/%7E/media/F60BDCB6728444488A14CC5BAF437665.pdfI>:
As a young lawyer for the ACLU, Professor Joel Gora argued before
the U.S. Supreme Court in the landmark Buckley v. Valeo case. Here
he reflects on the history of the case and its continuing impact on
campaign finance law.
Share
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
“Loosening money’s grip on elections: How to change the
billionaire-dominated campaign finance landscape, 40 years after
Buckley vs. Valeo” <http://electionlawblog.org/?p=79426>
Posted onJanuary 30, 2016 8:33 am
<http://electionlawblog.org/?p=79426>byRick Hasen
<http://electionlawblog.org/?author=3>
My piece
<http://www.nydailynews.com/opinion/rick-hasen-loosening-money-grip-elections-article-1.2513936?cid=bitly>in
today’s NY Daily News:
Forty years ago today, the Supreme Court decided Buckley vs. Valeo,
a case that has distorted our thinking and talking about money in
politics for nearly two generations and that has taken this country
down a perilous path on campaign finance.
We should no longer mince words about the consequences for our
representative government. Buckley, and its better-known offspring,
2010’s Citizens United vs. FEC, are leading us to plutocracy, a
country in which those with the greatest wealth have a much better
chance to influence elections and public policy than the rest of us.
Despite that bleak assessment, there’s asmall window
<http://www.amazon.com/Plutocrats-United-Campaign-Distortion-Elections/dp/0300212453/>for
change opening.
Share
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
--
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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