[EL] ELB News and Commentary 1/28/16
Rick Hasen
rhasen at law.uci.edu
Thu Jan 28 08:04:09 PST 2016
“Voter Registration Doesn’t Point to Iowa Surge for Sanders or
Trump” <http://electionlawblog.org/?p=79348>
Posted onJanuary 28, 2016 8:02 am
<http://electionlawblog.org/?p=79348>byRick Hasen
<http://electionlawblog.org/?author=3>
Nate Cohn
<http://www.nytimes.com/2016/01/29/upshot/surge-for-sanders-or-trump-in-iowa-voter-registration-doesnt-suggest-it.html?ref=politics&_r=0>for
NYT’s The UpShot.
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Posted incampaigns <http://electionlawblog.org/?cat=59>,election
administration <http://electionlawblog.org/?cat=18>
“Nominating Cruz Or Trump Might Not Doom Down-Ballot Republicans”
<http://electionlawblog.org/?p=79346>
Posted onJanuary 28, 2016 7:54 am
<http://electionlawblog.org/?p=79346>byRick Hasen
<http://electionlawblog.org/?author=3>
Harry Enten
<http://fivethirtyeight.com/features/nominating-cruz-or-trump-might-not-doom-down-ballot-republicans/>for
538.
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“Why I Dropped Out” <http://electionlawblog.org/?p=79344>
Posted onJanuary 28, 2016 7:48 am
<http://electionlawblog.org/?p=79344>byRick Hasen
<http://electionlawblog.org/?author=3>
Part II<http://www.newyorker.com/news/news-desk/why-i-dropped-out>in the
New Yorker from Lessig.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>,political parties
<http://electionlawblog.org/?cat=25>
“Political Money: New Best-Selling Book Genre?”
<http://electionlawblog.org/?p=79342>
Posted onJanuary 28, 2016 7:47 am
<http://electionlawblog.org/?p=79342>byRick Hasen
<http://electionlawblog.org/?author=3>
Eliza Newlin Carney
<http://prospect.org/article/political-money-new-best-selling-book-genre>for
TAP:
Books about who pays for American elections rarely hit the
bestseller lists, but a rash of new titles tackling the once-obscure
topic of campaign financing signals that publishers now regard
political money as popular fare.
Whether your cup of tea is juicy details about the billionaire
industrialists Charles and David Koch, like those/New Yorker/writer
Jane Mayer dishes up in her 450-page narrative/Dark Money
<http://www.amazon.com/Dark-Money-History-Billionaires-Radical/dp/0385535597/ref=sr_1_1?ie=UTF8&qid=1453936996&sr=8-1&keywords=dark+money>/,
or rigorous legal analysis along the lines of what Richard L. Hasen
delivers in/Plutocrats United,/
<http://www.amazon.com/Plutocrats-United-Campaign-Distortion-Elections/dp/0300212453/ref=sr_1_1?ie=UTF8&qid=1453937030&sr=8-1&keywords=plutocrats+united> the
newly hot genre of political money has something to offer.
For progressive organizers, California writer and activist Derek
Cressman’s/When Money Talks: The High Price of ‘Free’ Speech and the
Selling of Democracy
<http://www.amazon.com/When-Money-Talks-Selling-Democracy/dp/1626565767/ref=sr_1_1?ie=UTF8&qid=1453937131&sr=8-1&keywords=when+money+talks>/offers
a how-to primer on how fed-up citizens can take action. For
conservatives, law professor Richard Painter’s/Taxation Only With
Representation
<http://www.amazon.com/Taxation-Only-Representation-Richard-Painter/dp/1939324122/ref=sr_1_1?ie=UTF8&qid=1453937187&sr=8-1&keywords=taxation+only+with+representation>/argues
that campaign reforms would lead government to both spend less and
regulate less. For those looking for a middle way, Wendell Potter
and Nick Penniman explain in/Nation on the Take
<http://www.amazon.com/s/ref=nb_sb_ss_c_0_18?url=search-alias%3Dstripbooks&field-keywords=nation+on+the+take&sprefix=nation+on+the+take%2Caps%2C118>/how
special interest money impacts the daily lives of ordinary Americans.
None of these books will win fans in every quarter. Some reform
advocates will wish that Mayer went beyond describing the problem to
spelling out solutions. And some scholars will quibble that Hasen’s
argument for legal fixes to promote “political equality” would not
withstand constitutional muster. Conservatives will dismiss
Cressman’s book out of hand, and liberals may argue that the books
by Painter and by Potter and Penniman don’t go far enough.
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Posted incampaign finance
<http://electionlawblog.org/?cat=10>,Plutocrats United
<http://electionlawblog.org/?cat=104>
“The ‘Bleak’ History of Third-Party Presidential Bids”
<http://electionlawblog.org/?p=79340>
Posted onJanuary 28, 2016 7:43 am
<http://electionlawblog.org/?p=79340>byRick Hasen
<http://electionlawblog.org/?author=3>
Sahil Kapur
<http://www.bloomberg.com/politics/articles/2016-01-27/the-bleak-history-of-third-party-presidential-bids?cmpid=BBD012816_POL>reports
for — wait for it! — Bloomberg.
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Posted inballot access <http://electionlawblog.org/?cat=46>,campaign
finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Happy birthday to the case that was even worse than Citizens
United” <http://electionlawblog.org/?p=79338>
Posted onJanuary 28, 2016 7:42 am
<http://electionlawblog.org/?p=79338>byRick Hasen
<http://electionlawblog.org/?author=3>
Former Senators J. Bennett Johnston (D-La.) and William E. Brock,
(R-Tenn.) inThe Hill
<http://thehill.com/blogs/congress-blog/judicial/267079-happy-birthday-to-the-case-that-was-even-worse-than-citizens>:
Both of us were elected to the Senate in the 1970s, and ran our
campaigns under the Federal Election Campaign Act. FECA put caps on
contributions and banned corporations from giving at all. Campaign
spending was limited and independent expenditures were prohibited.
The purpose of all this was to protect speech: the speech of those
who couldn’t afford to contribute massive amounts but whose voice
ought to be heard just as much by a candidate.
This system worked, and we’re extremely proud to have earned our
seats in this manner. The money was sufficient to fund a good
campaign with enough media to get the message out, and we could be
sure it was our ideas, not our fundraising prowess, that won the day.
But in 1976, the Supreme Court got it wrong with Buckley v. Valeo:
they decided that these reasonable limits on political spending to
prevent corruption were a violation of the First Amendment. That
case was the seed that reversed decades of jurisprudence, turned the
Founders’ conception of free speech on its head and, more than
thirty years later, germinated the infamous Citizens United decision.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
“Many 2016 candidates don’t disclose bundlers”
<http://electionlawblog.org/?p=79336>
Posted onJanuary 28, 2016 7:40 am
<http://electionlawblog.org/?p=79336>byRick Hasen
<http://electionlawblog.org/?author=3>
Fredreka Schouten
<http://www.usatoday.com/story/news/politics/onpolitics/2016/01/27/2016-presidential-candidates-bundlers/79395320/>for
USA Today.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Dark Money Dominates Political Ad Spending; Groups that don’t have
to disclose their donors have accounted for almost two-thirds of
political ad spending this cycle” <http://electionlawblog.org/?p=79334>
Posted onJanuary 28, 2016 7:38 am
<http://electionlawblog.org/?p=79334>byRick Hasen
<http://electionlawblog.org/?author=3>
Bill Allisoncrunches the numbers.
<http://www.bloomberg.com/politics/articles/2016-01-28/dark-money-dominates-political-ad-spending>
Share
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,tax law
and election law <http://electionlawblog.org/?cat=22>
Adam Lioz on Every Voice Podcast on Buckley at 40
<http://electionlawblog.org/?p=79332>
Posted onJanuary 28, 2016 7:36 am
<http://electionlawblog.org/?p=79332>byRick Hasen
<http://electionlawblog.org/?author=3>
Listen. <http://www.demos.org/audio/every-voice-speaks-buckley-40>
Share
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
“Witness: Cultural differences cause photo ID headaches”
<http://electionlawblog.org/?p=79330>
Posted onJanuary 27, 2016 7:34 pm
<http://electionlawblog.org/?p=79330>byRick Hasen
<http://electionlawblog.org/?author=3>
The latest
<http://www.journalnow.com/news/elections/witness-cultural-differences-cause-photo-id-headaches/article_efd94926-27a6-5a01-9267-0551cf31e0b7.html>from
the NC voter id trial.
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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>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
“The mysterious case of rampant voter fraud has been solved”
<http://electionlawblog.org/?p=79328>
Posted onJanuary 27, 2016 7:28 pm
<http://electionlawblog.org/?p=79328>byRick Hasen
<http://electionlawblog.org/?author=3>
Tom Toles
<https://www.washingtonpost.com/news/opinions/wp/2016/01/27/the-mysterious-case-of-rampant-voter-fraud-has-been-solved/?tid=ss_tw>cartoon.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“As Voter ID Laws Expand, Fewer People Are Getting Drivers Licenses”
<http://electionlawblog.org/?p=79326>
Posted onJanuary 27, 2016 4:27 pm
<http://electionlawblog.org/?p=79326>byRick Hasen
<http://electionlawblog.org/?author=3>
Brentin Mock
<http://www.citylab.com/politics/2016/01/as-voter-id-laws-expand-fewer-people-are-getting-drivers-licenses/431547/>for
Citylab.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
Big 9th Circuit Win in Judicial Campaign Restrictions Case
<http://electionlawblog.org/?p=79324>
Posted onJanuary 27, 2016 2:24 pm
<http://electionlawblog.org/?p=79324>byRick Hasen
<http://electionlawblog.org/?author=3>
The Ninth Circuit en banc
<http://cdn.ca9.uscourts.gov/datastore/opinions/2016/01/27/11-17634.pdf>has
unanimously (with one concurring opinion) upheld three judicial conduct
rules in Arizona. In /Wolfson v. Concannon/, a state judicial candidate
challenged a rule that prevented him from personally soliciting
contributions. He also challenged additional provisions which “prohibit
him, while running for judicial office, from personally soliciting funds
for a campaign for another candidate or political organization, publicly
endorsing or making a speech on behalf of another candidate for public
office, or actively taking part in any political campaign.”
The court relied upon the Supreme Court’s decision last term in the
/Williams-Yulee/case, an unusual case in which Chief Justice Roberts,
joined by the four more liberal Justices, upheld Florida’s ban on
personal solicitation of campaign contributions by judicial candidates.
Aside from the lineup, what made /Williams-Yulee/unusual was that the
Court applied strict scrutiny (usually “strict in theory and fatal in
fact”) yet upheld the law.
Today’s en banc Ninth Circuit opinion held the lower court judge erred
in applying intermediate scrutiny, given /Williams-Yulee/, which was
decided /after/the trial court (and Ninth Circuit panel) decision. But
under strict scrutiny, the Ninth Circuit today held all three laws (and
not just the personal solicitation provision) survived strict scrutiny:
“Arizona can properly restrict judges and judicial candidates from
taking part in political activities that undermine the public’s
confidence that judges base rulings on law, and not on party affiliation.”
Judge Berzon, concurring, wrote:
There is, however, a separate, broader governmental basis for
regulating judicial behavior that goes beyond a concern with biased
decisionmaking in individual cases. That interest is society’s
concern with maintaining both the appearance and the reality of
a/structurally independent/judiciary, engaged in a decisionmaking
process informed by legal, not political or broad, nonlegal policy
considerations.
This decision, and especially its unanimity, shows that at least some
courts will be reading /Wiliams-Yulee /broadly to uphold a variety of
restrictions on judicial candidate political activities. I think that’s
a good thing.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,judicial
elections <http://electionlawblog.org/?cat=19>
“Husted: Voter signup shouldn’t be dangerous”
<http://electionlawblog.org/?p=79322>
Posted onJanuary 27, 2016 2:07 pm
<http://electionlawblog.org/?p=79322>byRick Hasen
<http://electionlawblog.org/?author=3>
Ohio SOS Husted
<http://www.cincinnati.com/story/opinion/contributors/2016/01/27/husted-voter-signup-dangerous/79399108/>:
In October, I joined victims’ advocates and members of the Ohio
House and Senate to announce the Safe at Home initiative, which,
once approved by the state legislature, will allow the victims of
domestic violence, human trafficking and other crimes to apply for a
confidential address that will shield their residence from public
record.
Safe at Home will create a registry of victim advocates from around
Ohio who will be specially trained to help victims of stalking or
other violence establish a confidential post office box within the
Secretary of State’s Office. Any time one of the program
participants needs to register their address with a company or
government agency, they can use their PO box number in my office so
their actual location can’t be found by the general public. Any mail
received through that box will be forwarded to the victim’s private
home address on a daily basis.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Getting Big Money Out of Politics”
<http://electionlawblog.org/?p=79320>
Posted onJanuary 27, 2016 1:43 pm
<http://electionlawblog.org/?p=79320>byRick Hasen
<http://electionlawblog.org/?author=3>
I talked Plutocrats United with Radio Boston. Listen
<http://radioboston.wbur.org/2016/01/27/money-politics>.
Share
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Posted incampaign finance
<http://electionlawblog.org/?cat=10>,Plutocrats United
<http://electionlawblog.org/?cat=104>
“Why I Ran for President” <http://electionlawblog.org/?p=79318>
Posted onJanuary 27, 2016 10:46 am
<http://electionlawblog.org/?p=79318>byRick Hasen
<http://electionlawblog.org/?author=3>
Lessig<http://www.newyorker.com/news/news-desk/why-i-ran-for-president?mbid=rss>at
The New Yorker.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“The Value of the Right to Vote” <http://electionlawblog.org/?p=79316>
Posted onJanuary 27, 2016 10:26 am
<http://electionlawblog.org/?p=79316>byRick Hasen
<http://electionlawblog.org/?author=3>
Stephan Tontrup and Rebecca Morton have postedthis draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2692760>on SSRN.
Here is the abstract:
We conducted a mixed lab and field experiment during a naturally
occurring election. We offered subjects the opportunity to
relinquish their voting rights for money. Significantly more
participants refused to sell their rights than later participated in
the election. Subjects were more willing to accept money for
abstention from voting, than for giving up the right to vote itself.
In a second experiment we gave subjects an incentive to submit a
vote. Before and after the election we measured participants
‘knowledge about the parties’ and their positions. Even though they
would not have voted without the incentive, the participants
improved their knowledge suggesting that they valued their vote. Our
findings show that people derive strong utility from their
democratic rights and status as a voter independently of
participation in the election. Based on our results we develop a new
concept of rights utility and conclude that low turnout does not
translate into democratic apathy and should not be used to justify
quorum rules and restrict direct participatory rights.
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Posted intheory <http://electionlawblog.org/?cat=41>,voting
<http://electionlawblog.org/?cat=31>
“Corporate political spending can stay secret in Wisconsin”
<http://electionlawblog.org/?p=79314>
Posted onJanuary 27, 2016 10:24 am
<http://electionlawblog.org/?p=79314>byRick Hasen
<http://electionlawblog.org/?author=3>
The Wisconsin Law Journal reports.
<http://wislawjournal.com/2016/01/26/corporate-political-spending-can-stay-secret-in-wisconsin/>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Inside the pro-Sanders groups taking on Clinton’s powerhouse
allies” <http://electionlawblog.org/?p=79312>
Posted onJanuary 27, 2016 8:36 am
<http://electionlawblog.org/?p=79312>byRick Hasen
<http://electionlawblog.org/?author=3>
Matea
Gold<https://www.washingtonpost.com/politics/inside-the-pro-sanders-groups-taking-on-clintons-powerhouse-allies/2016/01/27/61aa4e00-c440-11e5-a4aa-f25866ba0dc6_story.html?postshare=3281453911717195&tid=ss_tw>for
WaPo:
While she has powerhouse allies such as Planned Parenthood, the
National Education Association and two big-money super PACs on her
side, the pro-Sanders effort is being driven by a combination of
self-directed activists and liberal organizations such as MoveOn and
Democracy for America.
The ad hoc network working on Sanders’s behalf is doing so in
keeping with the spirit of his anti-establishment bid. But it is
also employing professional political tactics, such as the use of
entities that can raise and spend unlimited sums of money on
campaigns, thanks to the Supreme Court’s Citizens United decision.
In some ways, their efforts cut against Sanders’s insistence that,
unlike Clinton, he does not have a super PAC flanking his campaign —
a declaration he repeated Tuesday in Des Moines after leading a
rally at a union hall attended by several nurses in red T-shirts. In
other ways, they don’t. Although these entities can accept massive
checks from individuals and corporations — a practice Sanders abhors
— they do not appear to be doing so, relying instead on small
donations from grass-roots supporters.
“The difference is a pretty simple difference,” he said. “Hillary
Clinton goes out raising money for her own super PAC. I don’t have a
super PAC, and in the best of all possible worlds, which I hope to
bring about, we will get rid of super PACs, we will overturn
Citizens United. I do not have a super PAC, I’ve never raised a
nickel for a super PAC, I don’t want a super PAC.”
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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
rhasen at law.uci.edu
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org
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