[EL] ELB News and Commentary 7/5/16

Tue Jul 5 10:01:21 PDT 2016

Corrected link to Hulse story on Abramoff:

http://www.nytimes.com/2016/07/06/us/politics/is-the-supreme-court-clueless-about-corruption-ask-jack-abramoff.html?ref=politics

and update on the Mikva story:

UPDATE: The story gets even better, as Westlaw changed the title<https://1.next.westlaw.com/Document/I3d04f58164f211db8a54a698991202fa/View/FullText.html?listSource=Search&navigationPath=Search%2fv3%2fsearch%2fresults%2fnavigation%2fi0ad7401600000155bbfca5ab90bda9c3%3fNav%3dANALYTICAL%26fragmentIdentifier%3dI3d04f58164f211db8a54a698991202fa%26startIndex%3d1%26contextData%3d%2528sc.Search%2529%26transitionType%3dSearchItem&list=ANALYTICAL&rank=6&listPageSource=33e00bf68f2cd8995cd63f84b61f8ca4&originationContext=docHeader&contextData=(sc.Search)&transitionType=Document&needToInjectTerms=False&docSource=3f13fcb9ebb54df0a4de550dd40c22bb> to “We Don’t Want Anybody Sent: The Death of Patronage Hiring in Chicago.”

From: Rick Hasen <rhasen at law.uci.edu>
Date: Tuesday, July 5, 2016 at 9:32 AM
To: Election Law Listserv <law-election at uci.edu>
Subject: ELB News and Commentary 7/5/16

My Favorite Abner Mikva Story (Not Really About Mikva, But About Law Review Editors’ Stupidity)<http://electionlawblog.org/?p=84075>
Posted on July 5, 2016 9:30 am<http://electionlawblog.org/?p=84075> by Rick Hasen<http://electionlawblog.org/?author=3>

One of Abner Mivka’s most famous stories is this<https://en.wikipedia.org/wiki/Abner_J._Mikva>:

One of the stories that is told about my start in politics is that on the way home from law school one night in 1948, I stopped by the ward headquarters in the ward where I lived. There was a street-front, and the name Timothy O’Sullivan, Ward Committeeman, was painted on the front window. I walked in and I said “I’d like to volunteer to work for [Adlai] Stevenson<https://en.wikipedia.org/wiki/Adlai_Stevenson_II>and [Paul] Douglas<https://en.wikipedia.org/wiki/Paul_Douglas>.” This quintessential Chicago ward committeeman took the cigar out of his mouth and glared at me and said, “Who sent you?” I said, “Nobody sent me.” He put the cigar back in his mouth and he said, “We don’t want nobody that nobody sent.” This was the beginning of my political career in Chicago.[3]<https://en.wikipedia.org/wiki/Abner_J._Mikva#cite_note-3>

Professor Cynthia Grant Bowman wrote an excellent article<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2126058> on the demise of political patronage in Chicago, thanks to a series of court cases. The article’s title was supposed to quote Mikva’s statement. But the law review editors at the last minute, without consulting Bowman, changed the title of the article to make it sound grammatically correct, and of course in doing so mangled both its meaning and the Mikva quote: ‘We Don’t Want Anybody Anybody Sent’: The Death of Patronage Hiring in Chicago.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84075&title=My%20Favorite%20Abner%20Mikva%20Story%20(Not%20Really%20About%20Mikva%2C%20But%20About%20Law%20Review%20Editors%26%238217%3B%20Stupidity)&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Pro-Hillary Clinton super PAC returns government contractor’s contribution”<http://electionlawblog.org/?p=84073>
Posted on July 5, 2016 9:22 am<http://electionlawblog.org/?p=84073> by Rick Hasen<http://electionlawblog.org/?author=3>

Error! Hyperlink reference not valid.<http://pro-hillary%20clinton%20super%20pac%20returns%20government%20contractor%27s%20contribution/>:

A major pro-Hillary Clinton super PAC that’s raised tens of millions of dollars in support of the presumptive Democratic nominee has returned a questionable contribution it received from a Massachusetts construction company with federal government contracts — a situation first reported by the Center for Public Integrity<http://www.publicintegrity.org/politics>.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84073&title=%26%238220%3BPro-Hillary%20Clinton%20super%20PAC%20returns%20government%20contractor%26%238217%3Bs%20contribution%26%238221%3B&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

“Is the Supreme Court Clueless About Corruption? Ask Jack Abramoff”<http://electionlawblog.org/?p=84071>
Posted on July 5, 2016 9:19 am<http://electionlawblog.org/?p=84071> by Rick Hasen<http://electionlawblog.org/?author=3>

Carl Hulse<http://www.nytimes.com/2016/07/05/opinion/the-struggle-to-vote-in-kansas.html> in the NYT:

Take it from a corrupt lobbyist: When it comes to peddling influence and buying politicians, the Supreme Court<http://www.nytimes.com/topic/organization/us-supreme-court?8qa> just doesn’t get it.

Jack Abramoff<http://www.nytimes.com/topic/person/jack-abramoff?8qa>, the former superlobbyist who ended up in prison, said he fears the court’s unanimous decision to toss out<http://www.nytimes.com/2016/06/28/us/politics/supreme-court-bob-mcdonnell-virginia.html?_r=0> the bribery conviction ofBob McDonnell<http://www.nytimes.com/topic/person/robert-mcdonnell?8qa>, the ex-governor of Virginia, reflects a regrettable innocence about how things work in the real world.

“I continue to be concerned by what seems to be a lack of understanding on the part of the justices that a little bit of money can breed corruption,” Mr. Abramoff said when I asked him about the McDonnell case.

“When somebody petitioning a public servant for action provides any kind of extra resources — money or a gift or anything — that affects the process,” Mr. Abramoff said.

He should know.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84071&title=%26%238220%3BIs%20the%20Supreme%20Court%20Clueless%20About%20Corruption%3F%20Ask%20Jack%20Abramoff%26%238221%3B&description=>
Posted in bribery<http://electionlawblog.org/?cat=54>, chicanery<http://electionlawblog.org/?cat=12>, Supreme Court<http://electionlawblog.org/?cat=29>

“The Struggle to Vote in Kansas”<http://electionlawblog.org/?p=84069>
Posted on July 5, 2016 9:18 am<http://electionlawblog.org/?p=84069> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT editorial.<http://www.nytimes.com/2016/07/05/opinion/the-struggle-to-vote-in-kansas.html>
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84069&title=%26%238220%3BThe%20Struggle%20to%20Vote%20in%20Kansas%26%238221%3B&description=>
Posted in The Voting Wars<http://electionlawblog.org/?cat=60>

“Republicans sound the alarm on voter registration”<http://electionlawblog.org/?p=84067>
Posted on July 5, 2016 9:11 am<http://electionlawblog.org/?p=84067> by Rick Hasen<http://electionlawblog.org/?author=3>

David Drucker<http://www.washingtonexaminer.com/republicans-sound-the-alarm-on-voter-registration/article/2595527> for Wash. Examiner.

[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84067&title=%26%238220%3BRepublicans%20sound%20the%20alarm%20on%20voter%20registration%26%238221%3B&description=>
Posted in voter registration<http://electionlawblog.org/?cat=37>

“Chicagoan Abner Mikva — lawmaker, judge, presidential adviser — dies at 90”<http://electionlawblog.org/?p=84065>
Posted on July 5, 2016 9:09 am<http://electionlawblog.org/?p=84065> by Rick Hasen<http://electionlawblog.org/?author=3>

Sad news about a giant.<http://www.chicagotribune.com/news/local/breaking/ct-abner-mikva-dead-20160705-story.html>
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84065&title=%26%238220%3BChicagoan%20Abner%20Mikva%20%E2%80%94%20lawmaker%2C%20judge%2C%20presidential%20adviser%20%E2%80%94%20dies%20at%2090%26%238221%3B&description=>
Posted in election law biz<http://electionlawblog.org/?cat=51>

George Will on the McDonnell Case and Corruption<http://electionlawblog.org/?p=84063>
Posted on July 5, 2016 9:07 am<http://electionlawblog.org/?p=84063> by Rick Hasen<http://electionlawblog.org/?author=3>

Here<http://www.nationalreview.com/article/437422/supreme-court-bob-mcdonnell-corruption-ruling-limits-prosecutors>, at National Review.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84063&title=George%20Will%20on%20the%20McDonnell%20Case%20and%20Corruption&description=>
Posted in bribery<http://electionlawblog.org/?cat=54>, campaign finance<http://electionlawblog.org/?cat=10>, chicanery<http://electionlawblog.org/?cat=12>

“Rival pro-Trump super PACs fight for GOP cash with little success”<http://electionlawblog.org/?p=84061>
Posted on July 5, 2016 8:58 am<http://electionlawblog.org/?p=84061> by Rick Hasen<http://electionlawblog.org/?author=3>

LAT:<http://www.latimes.com/nation/la-na-pol-trump-fundraising-superpacs-20160630-snap-story.html>

One of the most promising pro-Trump super PACs, Rebuilding America Now, announced with fanfare earlier this year that it had $32 million in commitments. But only about $2 million of that came through.

A rival, Great America PAC, has burned through nearly all of the $2.5 million it raised, leaving it with just $500,000 cash on hand. Fundraising efforts weren’t helped by the recent conviction of a top strategist for unrelated 2012 campaign finance violations.

Many were hoping casino magnate Sheldon Adelson, who spent nearly $100 million in the 2012 presidential race , would save the day by starting his own pro-Trump super PAC to provide a trusted safe haven for donors.

But after Trump’s polling numbers tanked with his race-based criticism of a federal judge and response to the Orlando shooting, Adelson has put his plans on hold. The Las Vegas billionaire is “not actually starting a PAC despite what has been reported,” his spokesman said.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84061&title=%26%238220%3BRival%20pro-Trump%20super%20PACs%20fight%20for%20GOP%20cash%20with%20little%20success%26%238221%3B&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

“Wall Street Takes a Hit in Democratic Party’s Platform Draft”<http://electionlawblog.org/?p=84059>
Posted on July 5, 2016 8:54 am<http://electionlawblog.org/?p=84059> by Rick Hasen<http://electionlawblog.org/?author=3>

Bloomberg<http://www.bloomberg.com/politics/articles/2016-07-02/wall-street-takes-a-hit-in-democratic-party-s-platform-draft?cmpid=BBD070516_POL&utm_medium=email&utm_source=newsletter&utm_campaign=>:

Wall Street was hit hard in the latest draft of the Democratic Party’s platform, which reflected the influence of Bernie Sanders by taking a sharp leftward turn from 2012 on a range of issues, from regulation and taxes to support for a $15 minimum wage.

The 35-page document<https://demconvention.com/wp-content/uploads/2016/07/2016-DEMOCRATIC-PARTY-PLATFORM-DRAFT-7.1.16.pdf>, hammered out in drafting sessions in St. Louis, reflects a delicate and as yet untested balancing act by presumptive Democratic presidential nominee Hillary Clinton as she seeks a unified position on contentious issues ranging from wages to oil drilling to the Trans-Pacific Partnership trade deal.

[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84059&title=%26%238220%3BWall%20Street%20Takes%20a%20Hit%20in%20Democratic%20Party%E2%80%99s%20Platform%20Draft%26%238221%3B&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>

“Koch brothers’ plight likened to that of civil rights workers in the 1950s”<http://electionlawblog.org/?p=84057>
Posted on July 5, 2016 8:51 am<http://electionlawblog.org/?p=84057> by Rick Hasen<http://electionlawblog.org/?author=3>

CPI reports.<https://www.publicintegrity.org/2016/07/05/19871/koch-brothers-plight-likened-civil-rights-workers-1950s>
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84057&title=%26%238220%3BKoch%20brothers%E2%80%99%20plight%20likened%20to%20that%20of%20civil%20rights%20workers%20in%20the%201950s%26%238221%3B&description=>
Posted in tax law and election law<http://electionlawblog.org/?cat=22>

“Kobach uses state plane, government funds to talk at GOP events”<http://electionlawblog.org/?p=84055>
Posted on July 5, 2016 8:43 am<http://electionlawblog.org/?p=84055> by Rick Hasen<http://electionlawblog.org/?author=3>

LJ World<http://m.ljworld.com/news/2016/jul/02/kobach-uses-state-plane-government-funds-talk-gop-/?templates=mobile>:

At government expense, Kansas Secretary of State Kris Kobach frequently flies in the state-owned executive aircraft to promote voter ID efforts outside of Kansas and to speak at Republican political events across the state, according to documents obtained by The Associated Press.

The state is mired in a budget crunch, forcing legislators to slash funding for highway projects and struggling public schools to curtail bus services for students, but Kobach has spent thousands of dollars to fly more than 4,350 miles in the state’s nine-passenger Raytheon King Air 350.

Using open records requests to obtain daily logs along with emails and other materials to piece together an accounting of the plane’s usage from Jan. 1, 2015, to March 24 of this year, the AP found several flights by Kobach that appeared to either offer no benefit to Kansas residents or have little connection to official duties. On some trips, Kobach scheduled state business to coincide with Republican Party functions, and his family often flew with him….

Kobach defended his use of the plane by saying that he’s doing it less than former Republican Secretary of State Ron Thornburgh, who also flew with family members and logged about 8,700 miles over two years. He added that filling empty seats doesn’t increase the agency’s costs.
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84055&title=%26%238220%3BKobach%20uses%20state%20plane%2C%20government%20funds%20to%20talk%20at%20GOP%20events%26%238221%3B&description=>
Posted in chicanery<http://electionlawblog.org/?cat=12>

A Big Thank You to Dan Tokaji…<http://electionlawblog.org/?p=84053>
Posted on July 5, 2016 8:40 am<http://electionlawblog.org/?p=84053> by Rick Hasen<http://electionlawblog.org/?author=3>

for guest blogging while I was speaking in Toykyo and then traveling.  Thanks Dan!
[are]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D84053&title=A%20Big%20Thank%20You%20to%20Dan%20Tokaji%26%238230%3B&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>

--
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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