[EL] ELB News and Commentary 2/25/16
Rick Hasen
rhasen at law.uci.edu
Thu Feb 25 08:01:27 PST 2016
“Expert witness testifies that there is no justification for Va.
photo ID law” <http://electionlawblog.org/?p=80320>
Posted onFebruary 25, 2016 7:59 am
<http://electionlawblog.org/?p=80320>byRick Hasen
<http://electionlawblog.org/?author=3>
The Richmond Times-Dispatch reports.
<http://www.richmond.com/news/article_651c6944-fcd0-5000-9ad0-0f37506252f4.html>
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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>
Colorado Appeals Court Says Political Party Can Create Super PAC
with Unlimited Funding <http://electionlawblog.org/?p=80317>
Posted onFebruary 25, 2016 7:51 am
<http://electionlawblog.org/?p=80317>byRick Hasen
<http://electionlawblog.org/?author=3>
Colorado Republican Party v. Colorado Ethics Watch
<http://electionlawblog.org/wp-content/uploads/colorado-republican.pdf>:
“The First Amendment ‘“has its fullest and most urgent application”
to speech uttered during a campaign for political office.’” Citizens
United v. Fed. Election Comm’n, 558 U.S. 310, 339
(2010) (citation omitted).
¶ 2 We are asked in this appeal to determine whether an independent
expenditure committee established by a political party is subject to
source and amount contribution limits under Colorado
Constitution article XXVIII (the Campaign and Political
Finance Amendment) and sections 1-45-101 to -118, C.R.S. 2015 (the
Fair Campaign Practices Act).
¶ 3 Intervenor, Colorado Ethics Watch (Ethics Watch), appeals
the district court’s grant of summary judgment in favor of
plaintiff, the Colorado Republican Party (the Party), concluding the
Party could
establish an independent expenditure committee which was not subject
to the source and contribution limits that restrict political
parties under article XXVIII, section 3(3). We affirm.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,political
parties <http://electionlawblog.org/?cat=25>
“Defying ‘outsider’ label, some lobbyists give to Trump, Cruz and
Sanders” <http://electionlawblog.org/?p=80315>
Posted onFebruary 25, 2016 7:42 am
<http://electionlawblog.org/?p=80315>byRick Hasen
<http://electionlawblog.org/?author=3>
The Hill:
<http://thehill.com/business-a-lobbying/business-a-lobbying/270682-only-a-few-lobbyists-give-to-2016-outsiders>
It may be one of the smallest clubs in Washington.
A handful of lobbyists around town have made a show of support to
the “outsider” candidates running for the White House in 2016: Sens.
Ted Cruz (R-Texas), Bernie Sanders (I-Vt.) and businessman Donald Trump.
All told, 27 registered lobbyists gave a combined $27,000 to the
three candidates last year, according to forms recently filed to the
Senate that were analyzed by The Hill.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>,lobbying
<http://electionlawblog.org/?cat=28>
“Why Big Business is Brushing off Campaign Trail Rage”
<http://electionlawblog.org/?p=80313>
Posted onFebruary 25, 2016 7:41 am
<http://electionlawblog.org/?p=80313>byRick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg Businessweek
<http://www.bloomberg.com/features/2016-open-season-on-big-business/>:
This is a different kind of election year, full of contempt for Big
Business. Billionaire flamethrower Donald Trump, who leads the
Republican field, has gone after Ford Motor, Kraft Foods, and Apple,
among others, for making things outside of the U.S. Ted Cruz
presents himself as the nemesis of corporate welfare and crony
capitalism. And democratic socialist Bernie Sanders has built an
entire campaign around the refrain that Wall Street is guilty of
“greed, fraud, dishonesty, and arrogance.”
You might have expected business to mount a vigorous defense. But
corporate America has responded to the charges with murmurs. In this
gladiators’ match, one side simply hasn’t shown up. Many chief
executive officers believe that after the election is over and the
noise of the campaign dies down, it will be business as usual for
business. For now, they are turning the other cheek. When Trump
ripped Ford for its plans to build a big factory in Mexico, the
company’s CEO, Mark Fields, wrote Trump a pleasant note explaining
that the carmaker was also adding jobs in the U.S. JPMorgan Chase
CEO Jamie Dimon, who’s known for flashes of anger,
calmlytold/CNNMoney/
<http://money.cnn.com/2015/11/12/news/companies/jamie-dimon-jp-morgan-banks/>in
November that he thinks he could talk Bernie Sanders out of breaking
up the big banks. “I don’t think Bernie’s going to win,” he said.
“I’m not that worried.”
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Does Money Really Matter in Politics?”
<http://electionlawblog.org/?p=80310>
Posted onFebruary 25, 2016 7:36 am
<http://electionlawblog.org/?p=80310>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT Room for Debate.
<http://www.nytimes.com/roomfordebate/2016/02/25/does-money-really-matter-in-politics>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Supreme Court will not order anti-Citizens United measure onto the
ballot” <http://electionlawblog.org/?p=80308>
Posted onFebruary 24, 2016 3:35 pm
<http://electionlawblog.org/?p=80308>byRick Hasen
<http://electionlawblog.org/?author=3>
David Ettinger blogs.
<http://www.atthelectern.com/supreme-court-will-not-order-anti-citizens-united-measure-onto-the-ballot/>
This means that it would take another vote of the Legislature to get the
measure on the ballot for 2016.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Koch Bros. Group’s CEO Defends Donor Secrecy At Trial”
<http://electionlawblog.org/?p=80306>
Posted onFebruary 24, 2016 12:49 pm
<http://electionlawblog.org/?p=80306>byRick Hasen
<http://electionlawblog.org/?author=3>
Law 360
<http://www.law360.com/articles/762688/koch-bros-group-s-ceo-defends-donor-secrecy-at-trial>:
The CEO of the conservative advocacy group Americans for Prosperity
Foundation on Tuesday testified in the California federal trial over
the Koch brother-founded group’s bid to prevent California’s
attorney general from obtaining its donor list that seven-figure
donors’ anonymity is a “key aspect” of the organization.
During the first day of the bench trial before U.S. District Judge
Manuel Real in Los Angeles on the foundation’s claim that its First
Amendment rights shield it from having to give California Attorney
General Kamala Harris anInternal Revenue Service
<http://www.law360.com/agencies/internal-revenue-service>tax form
containing a national list of major donors, the foundation called to
the stand its CEO Lucas Anthony Hilgemann. Under examination by the
foundation’s attorney Keith Forst ofQuinn Emanuel Urquhart &
Sullivan LLP <http://www.law360.com/firms/quinn-emanuel>, Hilgemann
testified that “seven-figure” donors are the group’s “lifeblood,”
and added that a major part of his role as CEO is assuring the major
donors that their names will not be made public.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,tax law
and election law <http://electionlawblog.org/?cat=22>
“County takes dispute with Brooksville over annexations to court”
<http://electionlawblog.org/?p=80303>
Posted onFebruary 24, 2016 12:12 pm
<http://electionlawblog.org/?p=80303>byRick Hasen
<http://electionlawblog.org/?author=3>
Tampa Bay Times
<http://www.tampabay.com/news/localgovernment/county-takes-dispute-with-brooksville-over-annexations-to-court/2265773>:
Hernando County officials have taken their concerns about the city
of Brooksville’s recent annexations to court, filing a lawsuit last
week.
The county is alleging that the city has shown intent to racially
discriminate against the largely African-American residents in a
portion of south Brooksville that lies in the county. It also says
the five annexations the county is challenging create enclaves and
other non-permitted fingers of county land almost surrounded by the
city and that the city didn’t follow the state law rules for either
voluntary or involuntary annexations.
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
“Congress Honors the Selma Marchers, but Won’t Restore the Voting
Rights Act” <http://electionlawblog.org/?p=80301>
Posted onFebruary 24, 2016 12:05 pm
<http://electionlawblog.org/?p=80301>byRick Hasen
<http://electionlawblog.org/?author=3>
Ari Berman writes
<http://www.thenation.com/article/congress-honors-the-selma-marchers-but-wont-restore-the-voting-rights-act/>for
The Nation.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
von Spakovsky Finally Found a Dead Voter Whose Votes He Wants to
Count <http://electionlawblog.org/?p=80299>
Posted onFebruary 24, 2016 12:02 pm
<http://electionlawblog.org/?p=80299>byRick Hasen
<http://electionlawblog.org/?author=3>
Justice Scalia.
<http://talkingpointsmemo.com/livewire/hans-von-spakovsky-count-scalia-votes>
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Posted infraudulent fraud squad <http://electionlawblog.org/?cat=8>
SCOTUSBlog Video Interview with Me About #Plutocrats United,
Changing #SCOTUS <http://electionlawblog.org/?p=80297>
Posted onFebruary 24, 2016 11:19 am
<http://electionlawblog.org/?p=80297>byRick Hasen
<http://electionlawblog.org/?author=3>
Here is the link
<http://www.scotusblog.com/media/gworks-interviews-richard-hasen/>. The
interview, conducted by Fabrizio di Piazza, was recorded before Justice
Scalia passed away. Here is the description:
In this four-part interview, Richard Hasen discusses understanding
the Supreme Court, especially through election law and the problem
of money in politics. Hasen is the Chancellor’s Professor of Law and
Political Science at the University of California, Irvine School of
Law, and author of the new book, Plutocrats United: Campaign Money,
the Supreme Court, and the Distortion of American Elections
<http://www.amazon.com/Plutocrats-United-Campaign-Distortion-Elections/dp/0300212453/>.
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Posted incampaign finance
<http://electionlawblog.org/?cat=10>,Plutocrats United
<http://electionlawblog.org/?cat=104>,Supreme Court
<http://electionlawblog.org/?cat=29>
“No, Jeb Bush’s failed campaign doesn’t mean Citizens United doesn’t
matter” <http://electionlawblog.org/?p=80294>
Posted onFebruary 24, 2016 10:30 am
<http://electionlawblog.org/?p=80294>byRick Hasen
<http://electionlawblog.org/?author=3>
Sean McElwee writes.
<http://www.salon.com/2016/02/24/no_jeb_bushs_failed_campaign_doesnt_mean_citizens_united_doesnt_matter/>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Twilight of the Super PAC” <http://electionlawblog.org/?p=80292>
Posted onFebruary 24, 2016 10:29 am
<http://electionlawblog.org/?p=80292>byRick Hasen
<http://electionlawblog.org/?author=3>
David Frum.
<http://www.theatlantic.com/politics/archive/2016/02/super-pacs-2016/470697/>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
Breaking: 6th Circuit Holds Ohio False Campaign Speech Law Violates
1st Amendment: A Constitutional Right to Lie in Campaigns
<http://electionlawblog.org/?p=80286>
Posted onFebruary 24, 2016 9:04 am
<http://electionlawblog.org/?p=80286>byRick Hasen
<http://electionlawblog.org/?author=3>
A unanimous 6th Circuit panel in the Susan B. Anthony case, on remand
from the Supreme Court,has struck down
<http://www.ca6.uscourts.gov/opinions.pdf/16a0048p-06.pdf>Ohio’s false
campaign speech laws as unconstitutional. There was an earlier 6th
Circuit case, /Pestrak/, which had upheld Ohio’s laws, but the panel
held it was not bound by that earlier opinion because (1) Ohio’s law had
changed since then and (2) Supreme Court decisions, especially in the
/U.S. v. Alvarez /“stolen valor” case, undermined the reasoning of
/Pestrak/.
This result is unsurprising, and I think the right result. I explored
how /Alvarez /would likely kill a bunch of these laws inA Constitutional
Right to Lie in Campaigns and Elections?
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2151618>
Given how much lying there is in the current presidential campaign, I am
sure this result will make some people quite sad. The question is
whether there is a government tool to deal with the problem, or the
better solution is to let the politicians hash it out. (The article also
discusses the role of media fact checkers.)
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“Watchdog Groups file FEC Complaints Against Shell Companies Hiding
Donors to Super PACs Supporting Sen. Rubio and Liberal Coalition for
Progress” <http://electionlawblog.org/?p=80284>
Posted onFebruary 24, 2016 7:41 am
<http://electionlawblog.org/?p=80284>byRick Hasen
<http://electionlawblog.org/?author=3>
Release.
<http://www.democracy21.org/inside-the-courts/press-releases-inside-the-courts/watchdog-groups-file-fec-complaints-against-shell-companies-hiding-super-pac-donors/>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Justice Ann Walsh Bradley: Uncle who served at Iwo Jima unable to
vote” <http://electionlawblog.org/?p=80282>
Posted onFebruary 24, 2016 7:40 am
<http://electionlawblog.org/?p=80282>byRick Hasen
<http://electionlawblog.org/?author=3>
Milwaukee Journal-Sentinel
<http://www.jsonline.com/news/statepolitics/justice-ann-walsh-bradley-uncle-who-serve-at-iwo-jima-unable-to-vote-b99675630z1-369874061.html>:
A state Supreme Court justice on Tuesday urged Gov. Scott Walker to
allow people to use veterans ID cards to vote after her uncle who
fought at Iwo Jima was unable to cast a ballot in last week’s
primary election.
“It makes no sense to me that this proud patriot with a veterans
card displaying his photo would be turned away from the polls and
denied the right to vote,” Justice Ann Walsh Bradley wrote to the
Republican governor.
In her letter, Bradley said her uncle had fought at Iwo Jima, the
bloody World War II battle that was immortalized in a photo of the
U.S. flag being raised on the tiny Pacific island.
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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>
--
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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