[EL] ELB News and Commentary 1/29/16
Rick Hasen
rhasen at law.uci.edu
Fri Jan 29 07:44:53 PST 2016
“5 Ways the Supreme Court Was Wrong in Buckley v Valeo”
<http://electionlawblog.org/?p=79391>
Posted onJanuary 29, 2016 7:39 am
<http://electionlawblog.org/?p=79391>byRick Hasen
<http://electionlawblog.org/?author=3>
Demos blog.
<http://www.demos.org/blog/1/29/16/5-ways-supreme-court-was-wrong-buckley-v-valeo>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
“The struggle to preserve a free political system; Reflections on
Buckley v. Valeo forty years later”
<http://electionlawblog.org/?p=79389>
Posted onJanuary 29, 2016 7:37 am
<http://electionlawblog.org/?p=79389>byRick Hasen
<http://electionlawblog.org/?author=3>
John Bolton
<http://www.aei.org/publication/the-struggle-to-preserve-a-free-political-system/>at
AEI:
The Court consumed over four hours for oral argument, an entire day
on its calendar, thus an unprecedented amount. Ralph led off the
argument, attacking the constitutionality of the contribution and
expenditure limitations, and his adversary was Archibald Cox, former
Watergate Special Prosecutor and former Solicitor General. Cox, a
Harvard law professor, was also a Harvard and Harvard Law grad.
Ralph, by contrast, was a Yale and Yale Law alumnus, and a Yale law
professor. He was also an avid football fan, so just before he rose
to take the podium, I slipped him a note which read simply, “Go
Yale, Beat Harvard.”
Although our plaintiffs’ final victory was only partial, they
established beyond cavil the First Amendment’s applicability to
campaign-finance issues. And the long series of decisions that has
flowed from/Buckley/, with some up and downs along the way, has
shredded much of what remained of the FECA. The surreal structure
of today’s statute is something no sane person would propose as
original legislation, and the inherent unfairness and discriminatory
effects of efforts to regulate free speech have only been
exacerbated by the passage of time.
Undoubtedly, the struggle to preserve a free political system will
continue for as long as the republic lasts, but Ralph Winter — and
AEI — will deserve a full measure of credit for protecting the
First Amendment. Ralph took an unpopular stand at a time of high
emotion, argued it vigorously and well, and history has vindicated
his analysis. Forty years after/Buckley/, his constitutional theory
that “money is speech” looks better than ever.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
“McCrory must address voting issues – and fast”
<http://electionlawblog.org/?p=79387>
Posted onJanuary 29, 2016 7:34 am
<http://electionlawblog.org/?p=79387>byRick Hasen
<http://electionlawblog.org/?author=3>
Bob Hall
<http://www.charlotteobserver.com/opinion/op-ed/article57121073.html>in
the Charlotte Observer:
In a matter of weeks, thousands of North Carolina voters will head
to the polls unaware of what they’ll need to vote – and election
officials will be hard-pressed to help them.
Will voters be helped or frustrated at the polls? At this point,
it’s up to Gov. Pat McCrory.
The new law cuts out safety-net provisions for new voters and dumps
confusing regulations on poll workers. That combination is making it
hard for election officials to do their job. The evidence from the
2014 election is disturbing…
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Nebraska secretary of state says ballot selfies foster fraud”
<http://electionlawblog.org/?p=79385>
Posted onJanuary 29, 2016 7:30 am
<http://electionlawblog.org/?p=79385>byRick Hasen
<http://electionlawblog.org/?author=3>
KETV reports.
<http://www.ketv.com/news/nebraska-secretary-of-state-says-ballot-selfies-foster-fraud/37691338>
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“Texas consultant to Rand Paul loses Pa. election law challenge”
<http://electionlawblog.org/?p=79383>
Posted onJanuary 29, 2016 7:27 am
<http://electionlawblog.org/?p=79383>byRick Hasen
<http://electionlawblog.org/?author=3>
Pittsburgh Post-Gazette
<http://www.post-gazette.com/news/state/2016/01/28/Texas-consultant-to-Rand-Paul-loses-Pennsylvania-election-law-challenge/stories/201601280069>:
A federal judge has denied a temporary restraining order to a Texas
man challenging Pennsylvania election law and seeking to circulate
petitions for Republican presidential candidate Rand Paul.
Texas resident Trent Pool, and his firm Benezet Consulting, LLC,
allege that their First Amendment right to circulate nominating
petitions for the April primary election ballot is
unconstitutionally limited by three provisions in Pennsylvania
election law.
U.S. District Court Judge Yvette Kane wrote that Mr. Pool, a
professional political petition circulator, “failed to establish …
irreparable harm” under the current law and the temporary
restraining order couldn’t be granted.
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Posted inballot access <http://electionlawblog.org/?cat=46>,campaigns
<http://electionlawblog.org/?cat=59>
“Bloomberg run could boost Trump’s bid for White House: poll”
<http://electionlawblog.org/?p=79381>
Posted onJanuary 29, 2016 7:25 am
<http://electionlawblog.org/?p=79381>byRick Hasen
<http://electionlawblog.org/?author=3>
Reuters reports
<http://www.reuters.com/article/us-usa-election-bloomberg-idUSMTZSAPEC1SOOMWHP>.
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Posted incampaigns <http://electionlawblog.org/?cat=59>,third parties
<http://electionlawblog.org/?cat=47>
“What You Need to Know About the Iowa Caucus”
<http://electionlawblog.org/?p=79379>
Posted onJanuary 29, 2016 7:21 am
<http://electionlawblog.org/?p=79379>byRick Hasen
<http://electionlawblog.org/?author=3>
Timely <http://bipartisanpolicy.org/blog/iowa-caucus/>, from the
Bipartisan Policy Center.
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Posted inprimaries <http://electionlawblog.org/?cat=32>
“Judicial Campaign Finance: Fresh Thinking in the Ninth Circuit”
<http://electionlawblog.org/?p=79377>
Posted onJanuary 29, 2016 7:19 am
<http://electionlawblog.org/?p=79377>byRick Hasen
<http://electionlawblog.org/?author=3>
Bauer
<http://www.moresoftmoneyhardlaw.com/2016/01/judicial-campaign-finance-fresh-thinking-ninth-circuit/>‘s
got it right:
On the question of judicial candidates endorsing or campaigning with
other nonjudicial candidates, Judge Berzon’s takes the problem to be
one independent branch becoming beholden to or politically entangled
with others, not corrupt relationships between the individual judge
and supporters. The worry is about a judiciary weakened in
performing its critical “checking” function. Berzon writes that
when judges swap endorsements with legislative or executive
candidates, or make speeches during nonjudicial political
campaigns,” they build political alliances with allies and earn the
enmities who don’t attract their support.
To take this theory seriously does not require subscribing to the
fiction that judicial candidates are not politicians. It better
captures the reasons why they cannot be politicians in alliance with
others who seeks offices in the other branches.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>,judicial elections
<http://electionlawblog.org/?cat=19>
Doing Live Chat @TPM at 12 Eastern About Plutocrats United, Election
Law Questions <http://electionlawblog.org/?p=79375>
Posted onJanuary 29, 2016 7:15 am
<http://electionlawblog.org/?p=79375>byRick Hasen
<http://electionlawblog.org/?author=3>
Join us! <http://talkingpointsmemo.com/edblog/hasen-live-chat-prime-hive>
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Posted inPlutocrats United <http://electionlawblog.org/?cat=104>
“How Bob McDonnell’s case might help others accused of public
corruption” <http://electionlawblog.org/?p=79373>
Posted onJanuary 29, 2016 7:10 am
<http://electionlawblog.org/?p=79373>byRick Hasen
<http://electionlawblog.org/?author=3>
Very
important<https://www.washingtonpost.com/local/public-safety/how-bob-mcdonnell-might-help-others-suspected-of-public-corruption-go-free/2016/01/29/d3e6eb9e-bf96-11e5-bcda-62a36b394160_story.html?wprss=rss_crime&tid=sm_tw_pl>WaPo
story:
If the Supreme Court overturns the convictions of former Virginia
governor Robert F. McDonnell, the decision could substantially
narrow what is considered criminal public corruption and put the
brakes on investigations of allegedly unscrupulous politicians
across the country, experts said.
Attorneys for former Illinois governor Rod Blagojevich (D) and
former New York Assembly speaker Sheldon Silver (D) — both convicted
in corruption cases that are still making their way through the
court system — said they are watching McDonnell’s case closely,
cognizant that the Supreme Court’s decision might help their
clients. Experts said the fates of other politicians charged or
convicted of public corruption — including Sen.Robert Menendez
<https://www.washingtonpost.com/politics/menendez-expected-to-be-indicted-as-soon-as-wednesday-sources-say/2015/04/01/623024c6-d86e-11e4-8103-fa84725dbf9d_story.html>(D-N.J.)
and Dean Skelos (R), former New York state Senate majority leader —
might also be affected.
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Posted inbribery <http://electionlawblog.org/?cat=54>,campaign finance
<http://electionlawblog.org/?cat=10>,chicanery
<http://electionlawblog.org/?cat=12>
“Companies worry Trump-led convention could hurt brands”
<http://electionlawblog.org/?p=79371>
Posted onJanuary 29, 2016 7:08 am
<http://electionlawblog.org/?p=79371>byRick Hasen
<http://electionlawblog.org/?author=3>
Politico reports.
<http://www.politico.com/story/2016/01/donald-trump-cleveland-convention-republicans-brand-218297#ixzz3ydbVdu1a>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“NAACP lawyers grill elections director in trial over photo IDs”
<http://electionlawblog.org/?p=79369>
Posted onJanuary 28, 2016 6:28 pm
<http://electionlawblog.org/?p=79369>byRick Hasen
<http://electionlawblog.org/?author=3>
Winston Salem-Journal
<http://www.journalnow.com/news/elections/naacp-lawyers-grill-elections-director-in-trial-over-photo-ids/article_d96ab129-ad7e-50eb-89d5-ebfc2be4fde8.html>:
After four days of testimony, the North Carolina chapter of the
NAACP and the U.S. Department of Justice rested their case Thursday
in a federal trial challenging North Carolina’s photo ID requirement
for voting.
Their last witness was Kim Strach, the state’s elections director.
It was through sharp questioning of Strach that plaintiffs argued
that state elections officials had failed to educate the public
about a recent amendment to the photo ID requirement that state
Republican legislators passed last June.
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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>
“Victory for Transparency Today at the Federal Communications
Commission Stems from Work of CLC and Other Watchdogs”
<http://electionlawblog.org/?p=79367>
Posted onJanuary 28, 2016 5:01 pm
<http://electionlawblog.org/?p=79367>byRick Hasen
<http://electionlawblog.org/?author=3>
Press release.
<http://www.campaignlegalcenter.org/news/press-releases/victory-transparency-today-federal-communications-commission-stems-work-clc-and>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“How the GOP Candidates Are Blocking the Vote”
<http://electionlawblog.org/?p=79363>
Posted onJanuary 28, 2016 4:56 pm
<http://electionlawblog.org/?p=79363>byRick Hasen
<http://electionlawblog.org/?author=3>
Ari Berman
<http://www.thenation.com/article/how-the-gop-candidates-are-blocking-the-vote/>for
The Nation:
Cruz shares Schultz’s apocalyptic view of Democrats as serial
cheaters. During a campaign stop in South Carolina, he nodded when a
questioner asserted that Obama was elected in 2008 because of fraud.
“We have to win by a big enough margin so they can’t steal the
election,” Cruz replied.
Ironically, if anyone is gaming the system to win an election, it’s
Republicans like Cruz, who are rewriting election laws to their
benefit in state after state.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Five steps to getting online voter registration right”
<http://electionlawblog.org/?p=79361>
Posted onJanuary 28, 2016 4:49 pm
<http://electionlawblog.org/?p=79361>byRick Hasen
<http://electionlawblog.org/?author=3>
That’s the lead story in this week’sElectionline Weekly
<http://www.electionline.org/index.php/electionline-weekly>.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Redistributing, Not Limiting, Money in Politics”
<http://electionlawblog.org/?p=79359>
Posted onJanuary 28, 2016 9:59 am
<http://electionlawblog.org/?p=79359>byRick Hasen
<http://electionlawblog.org/?author=3>
Great discussion
<http://www.wnyc.org/story/changing-campaign-finance-debate/>with Brian
Lehrer on WNYC about Plutocrats United. Listen!
Richard L. Hasen <http://www.wnyc.org/people/r/?n=Richard+L.+Hasen>,
professor of law and political science at the University of
California, Irvine, and the author of /Plutocrats United: Campaign
Money, the Supreme Court, and the Distortion of American Elections
<http://www.amazon.com/exec/obidos/ASIN/0300212453/wnycorg-20/>/(Yale University
Press, 2016), says the real challenge with regulating campaign
finance is how to balance free speech against political inequality.
“Money doesn’t win elections,” Hasen tells Brian, “But it gives you
a much better chance of being elected. Newt Gingrich didn’t succeed,
but he got chance after chance because someone with money wanted him
to. It’s like buying multiple lottery tickets.”
And according to Richard Hasen, the left and the right are united on
this issue, in terms of avoiding action: “Obama is the worst
president on campaign finance since Richard Nixon.”
On campaign finance reform, Hasen proposes giving voters 100 dollars
in publicly financed vouchers and capping total spending by
individuals and corporations at $25,000 per federal election — and
$500,000 per cycle.
“I don’t think there’s too much money in politics,” Hasen says, “I
think there is too much BIG money.”
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Posted incampaign finance
<http://electionlawblog.org/?cat=10>,Plutocrats United
<http://electionlawblog.org/?cat=104>
Election Law CLE at Bipartisan Policy Center
<http://electionlawblog.org/?p=79357>
Posted onJanuary 28, 2016 9:40 am
<http://electionlawblog.org/?p=79357>byRick Hasen
<http://electionlawblog.org/?author=3>
Check out the program.
<http://bipartisanpolicy.org/wp-content/uploads/2016/01/BPC-Election-Law-Agenda1.pdf> (RVSP
<http://www.eventbrite.com/e/election-law-continuing-legal-education-february-10-and-13-tickets-20005639406>).
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Meet the New ProPublica Campaign Finance API, Same as the Old API”
<http://electionlawblog.org/?p=79355>
Posted onJanuary 28, 2016 9:24 am
<http://electionlawblog.org/?p=79355>byRick Hasen
<http://electionlawblog.org/?author=3>
Derek Willis:
<https://www.propublica.org/nerds/item/meet-the-new-propublica-campaign-finance-api-same-as-the-old-api?utm_campaign=comms&utm_source=comms-pitch&utm_medium=email&utm_term=campaign-API>
Beginning today, ProPublica is launching a Campaign Finance API to
help researchers, journalists and software developers cover election
fundraising and expenditures.
An API, or Application Programming Interface, is a language that two
programs can use to communicate and trade data. Programmers can use
it to access data from a website or Internet service more easily.
We’re assuming responsibility of an API that was previously
published by The New York Times. If you used the previous Campaign
Finance API published by the New York Times, your code will continue
to work for a short time, but you should migrate immediately. Keep
reading for details on how.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
Plutocrats United DC Event with Trevor Potter on May 5
<http://electionlawblog.org/?p=79352>
Posted onJanuary 28, 2016 9:16 am
<http://electionlawblog.org/?p=79352>byRick Hasen
<http://electionlawblog.org/?author=3>
We have now rescheduled the Plutocrats United event with commentary by
Trevor Potter for May 5 at the UCDC Center in Washington DC. The event
is co-sponsored by the Campaign Legal Center, American Constitution
Society, and the University of California Washington Center.
When the event is closer, I’ll post information on how to RSVP.
(This event was rescheduled because of the DC blizzard.)
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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>
“Wholly Foreign to the First Amendment”?: Political Inequality Forty
Years After Buckley v. Valeo <http://electionlawblog.org/?p=79350>
Posted onJanuary 28, 2016 9:09 am
<http://electionlawblog.org/?p=79350>byRick Hasen
<http://electionlawblog.org/?author=3>
Looking forward to thisPlutocrats United
<http://www.amazon.com/Plutocrats-United-Campaign-Distortion-Elections/dp/0300212453/>-related
event:
February 18, 4:30-5:30 PM, University of Pennsylvania Law School
3501 Sansom St, Philadelphia, PA 19104
Silverman Hall 240A
Featuring:
Rick Hasen, Chancellor’s Professor of Law and Political Science,
University of California, Irvine
Tabatha Abu El-Haj, Associate Professor, Thomas R. Kline School of
Law at Drexel University
Jesus Gonzalez, Churches United for Fair Housing
Adam Lioz, Counsel, Demo
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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>
--
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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