[EL] ELB News and Commentary 1/6/15
Rick Hasen
rhasen at law.uci.edu
Wed Jan 6 08:24:45 PST 2016
“Supporters Seek to Persuade Democrats to ‘Ditch and Switch’ for
Donald Trump” <http://electionlawblog.org/?p=78773>
Posted onJanuary 6, 2016 8:21 am
<http://electionlawblog.org/?p=78773>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT
<http://www.nytimes.com/politics/first-draft/2016/01/06/supporters-seek-to-persuade-democrats-to-ditch-and-switch-for-donald-trump/>:
At a campaign event for Donald J. Trump in Mississippi last weekend,
Lynette Hardaway and Rochelle Richardson — two African-American
YouTube stars who go by the names Diamond and Silk —rallied the
roaring crowd
<http://www.realclearpolitics.com/video/2016/01/04/stump_for_trump_ladies_at_trump_rally_weve_got_to_get_out_to_the_polls_and_vote.html>with
a plea. “Ditch and switch! Ditch and switch!” they yelled.
The pitch was directed at Democrats and independents in the
audience, urging them to become Republicans and vote for Mr. Trump
if they really want to show their support.
It could be an important strategy for Mr. Trump as the pace of
primary season picks up, and he looks to turn his raucous campaign
events into voters, delegates and ultimately the Republican
nomination. To accomplish that, Mr. Trump will be relying on people
who do not tend to vote and trying to persuade some Democrats and
independents to change parties so that they can vote in states that
allow only registered Republicans to participate.
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Posted incampaigns <http://electionlawblog.org/?cat=59>,political
parties <http://electionlawblog.org/?cat=25>
“Donald Trump Is Also an Outlier in Political Science”
<http://electionlawblog.org/?p=78771>
Posted onJanuary 6, 2016 8:18 am
<http://electionlawblog.org/?p=78771>byRick Hasen
<http://electionlawblog.org/?author=3>
Lynn Vavreck
<http://www.nytimes.com/2016/01/07/upshot/donald-trump-is-also-an-outlier-in-political-science.html?ref=politics&_r=0>at
NYT’s The Upshot:
Donald Trump
<http://www.nytimes.com/interactive/2016/us/elections/donald-trump-on-the-issues.html?inline=nyt-per>has
confounded politicians, pundits and political scientists as he runs
a most unconventional — and so far successful — campaign to win the
Republican presidential nomination. Here’s the way we think these
things are supposed to play out: Party leaders shape and guide the
nomination process. We call it the invisible primary, and it was
described in an influential 2008 book,“The Party Decides.”
<http://press.uchicago.edu/ucp/books/book/chicago/P/bo5921600.html>I
askedDavid Karol <http://gvpt.umd.edu/facultyprofile/Karol/David>, a
University of Maryland associate professor of political science and
one of the book’s four authors, whether Mr. Trump’s rise reveals a
fundamental shift in party control. He thinks not. Here’s our
conversation, slightly edited.
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“How Democratic are Ballot Initiatives?”
<http://electionlawblog.org/?p=78769>
Posted onJanuary 6, 2016 8:15 am
<http://electionlawblog.org/?p=78769>byRick Hasen
<http://electionlawblog.org/?author=3>
The Atlantic explores.
<http://www.theatlantic.com/politics/archive/2016/01/ballot-initiatives-2016/422385/>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,direct
democracy <http://electionlawblog.org/?cat=62>
“How Current Campaign Finance Laws Are Shaping The 2016 Presidential
Race” <http://electionlawblog.org/?p=78767>
Posted onJanuary 6, 2016 8:14 am
<http://electionlawblog.org/?p=78767>byRick Hasen
<http://electionlawblog.org/?author=3>
I’ll be on the Diane Rehm show
<http://thedianerehmshow.org/shows/2016-01-07/how-current-campaign-finance-laws-are-shaping-the-2016-presidential-race>tomorrow
with a terrific panel:
Thursday, Jan 07 2016•10 a.m. (ET)
How Current Campaign Finance Laws Are Shaping The 2016 Presidential Race
Republican presidential hopeful Chris Christie is among those
speaking out against the U-S campaign finance system: How Citizens
United, limits on individual donations and so-called dark money are
shaping campaign strategies and the 2016 presidential race.
Guests
* Richard Hasenprofessor of law and political science at the
University of California, Irvine; author of “Plutocrats United:
Campaign Money, the Supreme Court, and the Distortion of
American Elections”, Yale University Press, 2016
* Matea Goldreporter covering money and politics, The Washington Post.
* Fredreka Schoutenreporter, campaign finance and lobbying issues,
USA Today
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Posted incampaign finance
<http://electionlawblog.org/?cat=10>,Plutocrats United
<http://electionlawblog.org/?cat=104>
“Measuring the integrity of elections”
<http://electionlawblog.org/?p=78765>
Posted onJanuary 6, 2016 8:12 am
<http://electionlawblog.org/?p=78765>byRick Hasen
<http://electionlawblog.org/?author=3>
Boston Globe
talks<http://www.bostonglobe.com/opinion/2016/01/06/hks-policycast-measuring-integrity-elections/iMqHY3GsYjjT8NfiWO73bJ/story.html>with
Pippa Norris.
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Posted inchicanery <http://electionlawblog.org/?cat=12>,election
administration <http://electionlawblog.org/?cat=18>
“Corporate Political Spending: Policies and Practices,
Accountability, and Disclosure (Second Edition)”
<http://electionlawblog.org/?p=78763>
Posted onJanuary 6, 2016 7:59 am
<http://electionlawblog.org/?p=78763>byRick Hasen
<http://electionlawblog.org/?author=3>
New
report<https://www.conference-board.org/publications/publicationdetail.cfm?publicationid=6053&subtopicid=210>from
The Conference Board (free registration required to access):
For corporations that choose to become involved in the political
process, there should be a foundation of core principles, policies,
and processes to help ensure a good governance structure for their
decisions and to manage the risks that may arise from these
activities. This report complements the/Handbook on Corporate
Political Activity/
<https://www.conference-board.org/publications/publicationdetail.cfm?publicationid=1867&topicid=30&subtopicid=210>and
is intended to help corporations deepen their understanding of
issues related to their involvement in the political process and to
offer a variety of approaches for political spending, disclosure,
and transparency. Its goal is to inform, not instruct, and to
highlight viable options, not to advocate a specific agenda.
/This report is an update to the first edition, published in 2012./
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Cash-Rich Super PACs Prolong Flagging Presidential Campaigns”
<http://electionlawblog.org/?p=78761>
Posted onJanuary 6, 2016 7:48 am
<http://electionlawblog.org/?p=78761>byRick Hasen
<http://electionlawblog.org/?author=3>
AP reports.
<http://abcnews.go.com/Politics/wireStory/cash-rich-super-pacs-prolong-flagging-presidential-campaigns-36101932>
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
Ed Blum Statement to ELB on Guardian Article: No Regrets about
Shelby County <http://electionlawblog.org/?p=78758>
Posted onJanuary 6, 2016 7:43 am
<http://electionlawblog.org/?p=78758>byRick Hasen
<http://electionlawblog.org/?author=3>
YesterdayI linked<http://electionlawblog.org/?p=78724>to anarticle
<http://www.theguardian.com/us-news/2016/jan/05/edward-blum-voting-rights-act-civil-rights-affirmative-action> in
The Guardian in which the architect of the lawsuits to bring down
Section 5 of the Voting Rights Act appeared to express some second
thoughts about how things have worked out since the Surpeme Court
decimated Section 5 in the Shelby County case. In response, Ed sends
along the following statement:
Just because I have concerns about some jurisdictions imposing
voting requirements that discourage participation, it does not
follow that I have regrets about any of the past or current cases I
have helped file. I have no regrets. One of the problems giving
interviews such as the one in the Guardian is that the complete
answer to a question is often cut down by the author to make a
slanted point.
Edward Blum
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>,Voting
Rights Act <http://electionlawblog.org/?cat=15>
“Trump alleges widespread voter fraud: ‘This voting system is out of
control.’” <http://electionlawblog.org/?p=78756>
Posted onJanuary 6, 2016 7:36 am
<http://electionlawblog.org/?p=78756>byRick Hasen
<http://electionlawblog.org/?author=3>
Well that settles it
<https://www.washingtonpost.com/news/post-politics/wp/2016/01/05/trump-alleges-widespread-voter-fraud-this-voting-system-is-out-of-control/>.
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Posted infraudulent fraud squad <http://electionlawblog.org/?cat=8>,The
Voting Wars <http://electionlawblog.org/?cat=60>
“Chevron is Dead — Long Live Chevron”
<http://electionlawblog.org/?p=78754>
Posted onJanuary 6, 2016 7:36 am
<http://electionlawblog.org/?p=78754>byRick Hasen
<http://electionlawblog.org/?author=3>
Michael Herz has postedthis draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2703693>on SSRN
(forthcoming, /Columbia Law Review/). Here is the abstract:
The Supreme Court’s decision in Chevron U.S.A. Inc. v. NRDC
continues to obsess academics and courts alike. Despite all the
attention, however, the “Chevron revolution” never quite happens,
and the close of the Supreme Court’s 2014-15 Term was full of hints
of new judicial skepticism about excessive judicial deference to
agency decisions. So we have a decision that is seen as
transformatively important but that is honored in the breach, in
constant danger of being abandoned, and the subject of perpetual
confusion and uncertainty. This article, written for a symposium in
honor of Peter Strauss, seeks both to bury and to praise Chevron.
The article begins by describing Chevron as a form of
self-regulation. That feature alone is enough to explain why it has
not taken over the world and will never do so. The article then lays
out a basic understanding of Chevron, focusing on the distinction
between Chevron and the quite different model of deference
exemplified by Skidmore v. Swift and Co. The argument here is for a
reading of Chevron that is both weaker and stronger than that often
proposed. On the one hand, courts retain an essential and meaningful
role in determining the boundaries of what Peter Strauss has labeled
“Chevron space”; they have real work to do. On the other hand, in
doing that work, the views of the agency can never be ignored; in
doctrinal terms, Skidmore applies within step one. These principles
are explicated in part by reviewing the vocabulary of Chevron
doctrine. This part concludes by placing Chevron in a
jurisprudential framework that draws on the distinction between
“interpretation” and “construction.” That distinction, or something
like it, maps onto and helps elucidate the distinction between step
one and step two. Courts have ultimate authority over interpretation
but yield to agency construction.
Part III applies the framework developed in Part II to the Supreme
Court’s 2013 decision in City of Arlington v. FCC, which held that
Chevron applies to agency determinations going to their own
jurisdiction. The majority and the dissent in that case were both
correct, making City of Arlington that rare creature, a unanimous
6-3 decision.
Chevron is not a revolutionary shift of authority from the judiciary
to the executive. That Chevron is dead. The Chevron that survives is
an appropriate allocation of decisionmaking responsibility among the
three branches, relying on the judiciary to enforce congressional
decisions, but protecting agency authority and discretion where
Congress has left the decision to the executive. Long may it reign.
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Posted inlegislation and legislatures
<http://electionlawblog.org/?cat=27>,statutory interpretation
<http://electionlawblog.org/?cat=21>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Roundtable – Preparing for Election 2016 in Battleground
Jurisdictions” <http://electionlawblog.org/?p=78752>
Posted onJanuary 6, 2016 7:31 am
<http://electionlawblog.org/?p=78752>byRick Hasen
<http://electionlawblog.org/?author=3>
Today,
<http://www.eac.gov/roundtable_-_preparing_for_election_2016_in_battleground_jurisdictions/>at
the EAC:
Roundtable – Preparing for Election 2016 in Battleground
Jurisdictions
/02:30 PM – 05:00 PM/
EAC will host a January 6 roundtable to explore how election
officials in 2016 battleground states are preparing for the upcoming
election cycle. The event will take place on Wednesday, January 6,
2016 from 2:30- 5:00 p.m. (EST). It will be webcast live and feature
a Twitter fall. An archived webcast will also be available.
Click Here to Watch the Live Webcast!
<http://www.yorkmedia.com/eac/2016/01/06/roundtable/index.htm> (also
available archived after event)
PARTICIPATE: Submit questions or comments (link to be posted), or
tweet @EACgov <https://twitter.com/EACgov> and #BeReady16
<https://twitter.com/search?q=%23beready16>.
/see the/Agenda & Potential Discussion Questions
<http://www.eac.gov/assets/1/Documents/EAC%20Roundtable%20January%206,%202016%20Agenda%20&%20Potential%20Discussion%20Questions-Draft-3.pdf>
*BACKGROUND*: This roundtable will seek to explore how election
officials in 2016 battleground states are preparing for the upcoming
election cycle. It will identify concerns, risks, mitigation
strategies and best practices for dealing with the special
challenges of a presidential election cycle.
The objective will be to see what election jurisdictions can learn
and apply from the work of their colleagues about preparing for and
executing an election while at the same time, monitoring media and
election advocate’s reports and speculations.
*Participants*
*Opening Remarks (2:30 pm)*
* Merle King, Roundtable Moderator; Executive Director, Georgia’s
Center for Election Systems, Kennesaw State University
* Brian Corley
<http://www.eac.gov/assets/1/Documents/BIO-Supervisor%20Corley%20Biography%20Pic%2012%2015%2015.pdf>,
MPA, Supervisor of Elections, Pasco County Florida
* HonorablePedro A. Cortés
<http://www.eac.gov/assets/1/Documents/BIO-Pedro%20A.%20Cortes%20-%20DOS%20Bio%2011-15.pdf>,
Pennsylvania Secretary of State
* Luanne Cutler
<http://www.eac.gov/assets/1/Documents/BIO-Luanne-Cutler-Washoe-County-Nevada.pdf>,
Registrar of Voters, Washoe County, Nevada
* Matt Damschroder, Assistant Secretary of State, Ohio
* Robert Dezmelyk, Moderator, Town of Newton, New Hampshire
* Sandra Juno
<http://www.eac.gov/assets/1/Documents/EAC%20bio%202016-Sandy-Juno.pdf>,
Clerk, Brown County, Wisconsin
* HonorablePaul Pate
<http://www.eac.gov/assets/1/Documents/BIO-Iowa%20Secretary%20of%20State%20Paul%20D%20%20Pate%20Bio%20and%20Picture.pdf>,
Iowa Secretary of State
* J. Kirk Showalter, General Registrar, City of Richmond, Virginia
* HonorableWayne Williams
<http://www.eac.gov/assets/1/Documents/Wayne%20Williams%20BIO.pdf>,
Colorado Secretary of State
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Beyond Citizens United” <http://electionlawblog.org/?p=78750>
Posted onJanuary 6, 2016 7:29 am
<http://electionlawblog.org/?p=78750>byRick Hasen
<http://electionlawblog.org/?author=3>
Nicholas Almendares and Catherine Hafer have postedthis
draft<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2701402>on SSRN
(forthcoming, /Fordham Law Review/). Here is the abstract:
The doctrine announced in Citizens United rendered most efforts to
regulate campaign financing unconstitutional. They will not be able
to satisfy the case’s demanding First Amendment standard. We argue,
however, that the doctrine allows for a novel approach to the
concerns inherent in campaign financing that does not directly
infringe on political speech because it operates later in the
process, after the election. This approach allows us to address a
broad range of these issues and to do so with legal tools that are
readily available.
We describe two applications of our approach in this Article. First,
we argue that courts should use a modified rational basis review
when a law implicates the interests of a major campaign contributor.
The nature of the inquiry remains the same, the law only needs to
serve some public purpose, but the standard is modified to be less
deferential because the campaign spending undermines the democratic
accountability rationale behind that deference. Second, we argue
that some of the key goals of campaign finance regulation can be
realized through institutional design of the policymaking process,
which has far fewer constitutional limits than campaign finance
regulation.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
Clint Bolick Appointed Justice of Arizona Supreme Court
<http://electionlawblog.org/?p=78748>
Posted onJanuary 6, 2016 7:24 am
<http://electionlawblog.org/?p=78748>byRick Hasen
<http://electionlawblog.org/?author=3>
Just wow.
<http://azgovernor.gov/governor/news/2016/01/governor-doug-ducey-announces-first-arizona-supreme-court-appointment>
(Clint’s bio<http://goldwaterinstitute.org/en/authors/clint-bolick/>at
Goldwater Institute.)
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
Quote of the Day <http://electionlawblog.org/?p=78745>
Posted onJanuary 5, 2016 7:37 pm
<http://electionlawblog.org/?p=78745>byRick Hasen
<http://electionlawblog.org/?author=3>
“I don’t think I can spend another day in another call room making
another call begging for money…I always knew the system was
dysfunctional. Now it is beyond broken.”
–Rep. Steven
Israel,announcing<http://www.nytimes.com/2016/01/06/us/politics/steve-israel-house-democrat-new-york.html?ref=politics>he
won’t seek reelection to the House.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“FEC Drops Crossroads GPS Enforcement Cases”
<http://electionlawblog.org/?p=78743>
Posted onJanuary 5, 2016 7:32 pm
<http://electionlawblog.org/?p=78743>byRick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg BNA:
<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=81337838&vname=mpebulallissues&jd=a0h7j7g2q6&split=0>
The Federal Election Commission dismissed two newly revealed
enforcement cases that alleged the conservative nonprofit Crossroads
GPS, linked to Republican political advisor Karl Rove, broke
campaign finance laws by failing to report spending on campaign ads
and collecting undisclosed money earmarked for campaign advertising.
The FEC actions were revealed Jan. 5 by the liberal watchdog group,
Citizens for Responsibility and Ethics in Washington (CREW), which
filed complaints in the cases in 2012. Details, including how the
six FEC commissioners voted on the cases, have not yet been
revealed, though it appeared the commissioners deadlocked along
party lines on one or both cases, leading to their dismissal without
any penalty.
The cases were the latest in a series of enforcement matters in
which the FEC effectively has given a green light to activities—by
super political action committees and other campaign spending
groups—that critics claimed are illegal. The commissioners
deadlocked in other recently revealed cases involving such issues as
whether groups allied with a candidate can use candidate-produced
video in their ads and the extent to which a candidate can help
raise money for allied groups before declaring candidacy.
Only one of the recent cases—involving a super PAC paying to air
virtually an entire campaign ad originally produced for and aired by
a candidate’s campaign—has led to an FEC fine (4155 Money & Politics
Report, 12/14/15
<http://news.bna.com/mpdm/display/link_res.adp?fedfid=81337838&fname=a0h6p4b1e6&vname=mpebulallissues>).
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
“Watchdog accuses Bush of illegally conveying his intention to run”
<http://electionlawblog.org/?p=78740>
Posted onJanuary 5, 2016 5:51 pm
<http://electionlawblog.org/?p=78740>byRick Hasen
<http://electionlawblog.org/?author=3>
Politico
<http://www.politico.com/story/2016/01/jeb-bush-running-president-romney-217374>:
A campaign watchdog is pouncing on Jeb Bush’s statement on Tuesday
morning that he was “all in,” months before he formally announced
his presidential campaign in June, saying it appears Bush may have
violated multiple federal laws by privately communicating his
intention to run.
During an interview on MSNBC’s “Morning Joe,” Bush recalled a
private meeting with Mitt Romney in January 2015. Romney, at the
time, was considering a third bid for the presidency, and Bush
worried that another run by the former Republican nominee could sink
his own prospects. Characterizing the meeting on Tuesday, Bush said
he assured Romney he was “all in” to win the presidency.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
“Chris Christie’s 24-Hour Fix for Campaign Finance Woes”
<http://electionlawblog.org/?p=78738>
Posted onJanuary 5, 2016 5:49 pm
<http://electionlawblog.org/?p=78738>byRick Hasen
<http://electionlawblog.org/?author=3>
WSJ’s Washington Wire reports.
<http://blogs.wsj.com/washwire/2016/01/05/chris-christies-24-hour-fix-for-campaign-finance-woes/>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
--
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
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