[EL] ELB News and Commentary 6/2/16
Rick Hasen
rhasen at law.uci.edu
Thu Jun 2 07:04:59 PDT 2016
“The Case for More Money in Politics”
<http://electionlawblog.org/?p=83333>
Posted onJune 2, 2016 6:56 am
<http://electionlawblog.org/?p=83333>byRick Hasen
<http://electionlawblog.org/?author=3>
Derek Muller has writtenthis
essay<http://www.libertylawsite.org/liberty-forum/the-case-for-more-money-in-politics/>for
the Library of Law and Liberty. It addresses this question posed by the
editors:
Should a democracy, in the name of combatting political corruption,
and in the name of equal participation in politics, regulate the
formation of political opinions—or should it be guided by the
principle of the free formation of opinion that emerges
spontaneously in society?
The editors will be posting responses to Derek’s essay on the question,
and I’ve written one of them. I will post a link when it appears.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Supreme Court calls special session to hear GOP challenge on felon
voting rights” <http://electionlawblog.org/?p=83331>
Posted onJune 2, 2016 6:44 am
<http://electionlawblog.org/?p=83331>byRick Hasen
<http://electionlawblog.org/?author=3>
Richmond Times-Dispatch:
<http://www.richmond.com/news/local/government-politics/article_eb3ad3d2-51be-530c-864e-f45fea4c2dc8.html>
The Supreme Court of Virginia will hold a special session July 19 to
take up the Republican challenge to Gov. Terry McAuliffe’s order
that restored voting rights for more than 200,000 felons.
Republican leaders in the General Assembly had sought to have the
case heard as early as next month. They argued in court filings that
the matter should be decided by Aug. 25 at the latest to avoid
“casting doubt on the legitimacy” of the November elections.
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Posted infelon voting <http://electionlawblog.org/?cat=66>
Donald Trump Proves Money Buys Influence
<http://electionlawblog.org/?p=83329>
Posted onJune 2, 2016 6:42 am
<http://electionlawblog.org/?p=83329>byRick Hasen
<http://electionlawblog.org/?author=3>
Adam Smith <https://twitter.com/asmith83/status/738338102641467392>on
Twitter:
<http://twitter.com/asmith83/status/738338102641467392/photo/1>
View image on Twitter
<http://twitter.com/asmith83/status/738338102641467392/photo/1>View
image on Twitter
<http://twitter.com/asmith83/status/738338102641467392/photo/1>
Follow <https://twitter.com/asmith83>
Adam Smith@asmith83 <https://twitter.com/asmith83>
Donald Trump is not great at this "not being influenced" thing he
brags about.
4:54 AM - 2 Jun 2016
<https://twitter.com/asmith83/status/738338102641467392>
*
* 1010 Retweets
<https://twitter.com/intent/retweet?tweet_id=738338102641467392>
* 88 likes
<https://twitter.com/intent/like?tweet_id=738338102641467392>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
Registration Now Open: 6th Annual UCI Law Supreme Court Term in
Review <http://electionlawblog.org/?p=83326>
Posted onJune 1, 2016 7:46 pm
<http://electionlawblog.org/?p=83326>byRick Hasen
<http://electionlawblog.org/?author=3>
Event <http://www.law.uci.edu/events/supreme-court-term-review/2016.html>:
*Thursday, July 14, 2016
12:00–1:30 p.m.*
UCI Student Center, Pacific Ballroom (Directions
<http://www.studentcenter.uci.edu/wp-content/uploads/2014/06/map-directions-sc.pdf>)
*/*Registration and doors will open at 11:15 a.m./*
*Register online now*
<https://ucisl.ejoinme.org/MyEvents/6thAnnualSupremeCourtTerminReview/tabid/771657/Default.aspx>
This has been an extraordinary year in the Supreme Court, especially
because of the death of Justice Scalia. An all-star panel of Supreme
Court practitioners, journalists, and academics will review the key
cases decided in the October 2015 term. This year’s panelists include:
Robert Barnes <https://www.washingtonpost.com/people/robert-barnes>,
The Washington Post
Howard J. Bashman <http://www.hjbashman.com/>, Law Offices of Howard
J. Bashman & How Appealing Blog
Erwin Chemerinsky
<http://www.law.uci.edu/faculty/full-time/chemerinsky/>, UCI Law
Kaaryn Gustafson
<http://www.law.uci.edu/faculty/full-time/gustafson/>, UCI Law
Dahlia Lithwick <http://www.slate.com/authors.dahlia_lithwick.html>,
Slate
/Moderated byRick Hasen
<http://www.law.uci.edu/faculty/full-time/hasen/>, UCI Law/
*Event details here >*
<http://www.law.uci.edu/events/supreme-court-term-review/2016.html>
/This event is approved for 1.5 hours of Minimum Continuing Legal
Education Credit by the State Bar of California. UC Irvine School of
Law is a
State Bar-approved MCLE provider./
//
//
/For more information or to request reasonable accommodations for a
disability, please contact Crissandra Flores at/events at law.uci.edu
<mailto:events at law.uci.edu?subject=Accommodation%20request%20at%20Moot%20Court%20Finals>or
(949) 824-0941
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>
“An Egalitarian Approach to Campaign Finance Reform”
<http://electionlawblog.org/?p=83323>
Posted onJune 1, 2016 6:56 pm
<http://electionlawblog.org/?p=83323>byRick Hasen
<http://electionlawblog.org/?author=3>
Very thoughtful Ryan Pevnick review
<http://newramblerreview.com/component/content/article?id=149%3Aan-egalitarian-approach-to-campaign-finance-reform#.V09s4BPsS0k.twitter>in
the New Rambler of myPlutocrats United book
<https://www.amazon.com/Plutocrats-United-Campaign-Distortion-Elections/dp/0300212453?ie=UTF8&*Version*=1&*entries*=0>:
There are many interesting discussions in the book that should
challenge readers to rethink standard liberal and conservative
positions on campaign finance reform. For instance, Hasen
effectively demonstrates that the argument for protecting corporate
speech is not consistent with the position that conservatives
ordinarily take on questions related to foreign contributions. If,
as Justice Kennedy argues in/Citizens United/, corporate speech must
be protected because it is critical that citizens have “the right
and privilege to determine” for themselves “what speech and speakers
are worthy of consideration,” then why should they not also be free
to consider arguments put forward by foreigners?
Similarly, the book includes an interesting treatment of the
difficulties that progressive reformers face in figuring out how to
balance a commitment to political equality with protections of the
press that confer significant political power on the owners of media
outlets. Thus, few readers will put down the book without being
challenged to rethink important aspects of their positions.
However, I want to set these important issues aside in order to
focus on Hasen’s equality-based justification for reform, since it
lies at the heart of the book’s argument and raises fundamental
issues for the reform movement. …
Particularly because Hasen is, I think, right that reformers should
reject the view that the only appropriate goal of campaign finance
reform is to eliminate corruption, it is crucial that proposed
alternatives are capable of standing up to critical scrutiny. The
question for readers of Hasen’s provocative and important new book
is: can “equality of inputs” meet that challenge?
I hope at some point to find the time to defend the equality of inputs
argument against Ryan’s excellent critique.
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Posted incampaign finance
<http://electionlawblog.org/?cat=10>,Plutocrats United
<http://electionlawblog.org/?cat=104>
“Louisiana Repeals 142-year-old Election Law”
<http://electionlawblog.org/?p=83321>
Posted onJune 1, 2016 5:15 pm
<http://electionlawblog.org/?p=83321>byRick Hasen
<http://electionlawblog.org/?author=3>
VOA
<http://www.voanews.com/content/louisiana-repeals-one-hundred-forty-two-year-old-election-law/3357777.html>:
Two U.S. civil rights groups have dropped their lawsuit against the
state of Louisiana after it repealed a law requiring naturalized
citizens to show proof of citizenship when they registered to vote.
The law had been on the books since 1874. The Southern Poverty Law
Center and Fair Elections Legal Network were suing the state to
block its continued enforcement.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Demise of Local News May Be Ruining Congress”
<http://electionlawblog.org/?p=83319>
Posted onJune 1, 2016 5:04 pm
<http://electionlawblog.org/?p=83319>byRick Hasen
<http://electionlawblog.org/?author=3>
Smart Jonathan Bernstein
<http://www.bloomberg.com/view/articles/2016-05-31/demise-of-local-news-may-be-ruining-congress>:
For several senators up for re-election this year, a significant
problem is that no one in their home states knows who they are. This
is a consequence, as the Washington Post’s Paul Kanepoints out
<https://www.washingtonpost.com/news/powerpost/wp/2016/05/26/vulnerable-republican-senators-have-a-big-problem-voters-dont-know-who-they-are/>,
of the collapse of local newspapers:
Overall, there are more reporters covering Congress than ever,
except they increasingly write for inside Washington publications
whose readers are lawmakers, lobbyists and Wall Street investors. A
Pew Research Center study released earlier this year
<http://www.pewresearch.org/fact-tank/2016/01/07/in-21-states-local-newspapers-lack-a-dedicated-reporter-keeping-tabs-on-congress/> found
that at least 21 states do not have a single dedicated reporter
covering Congress.
It isn’t clear yet what that means for elections, although it’s not
going to bother most people if incumbents have less of an advantage
than they once had.
What’s important is the potential impact on Congress.
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Posted inlegislation and legislatures <http://electionlawblog.org/?cat=27>
“How Trump Is Using the Presidency to Sell Trump Inc.”
<http://electionlawblog.org/?p=83317>
Posted onJune 1, 2016 3:23 pm
<http://electionlawblog.org/?p=83317>byRick Hasen
<http://electionlawblog.org/?author=3>
Must-read Norm Ornstein.
<http://www.politico.com/magazine/story/2016/06/donald-trump-2016-ethics-laws-business-213930>
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“Exclusive: Trump’s 3,500 lawsuits unprecedented for a presidential
nominee” <http://electionlawblog.org/?p=83315>
Posted onJune 1, 2016 3:20 pm
<http://electionlawblog.org/?p=83315>byRick Hasen
<http://electionlawblog.org/?author=3>
USA Today
<http://www.usatoday.com/story/news/politics/elections/2016/06/01/donald-trump-lawsuits-legal-battles/84995854/>with
a WOW figure:
An exclusive USA TODAY analysis of legal filings across the United
States finds that the presumptive Republican presidential nominee
and his businesses have been involved in at least 3,500 legal
actions in federal and state courts during the past three decades.
They range from skirmishes with casino patrons to million-dollar
real estate suits to personal defamation lawsuits.
The sheer volume of lawsuits is unprecedented for a presidential
nominee. No candidate of a major party has had anything approaching
the number of Trump’s courtroom entanglements.
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“Using the Voting Rights Act to Discriminate: Gerrymanders, Two
Racial Quotas, Safe Harbors, Shields, and Inoculations to Undermine
Multiracial Coalitions and North Carolina’s Use of Racial Black
Political Power” <http://electionlawblog.org/?p=83313>
Posted onJune 1, 2016 2:55 pm
<http://electionlawblog.org/?p=83313>byRick Hasen
<http://electionlawblog.org/?author=3>
Michael Curtis has postedthis
draft<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2788008>on SSRN
(/Wake Forest Law Review/). Here is the abstract:
This Article focuses on new developments in the ongoing saga of
North Carolina’s 2011 state legislative and congressional
reapportionment and gerrymander. The earlier article included a
review of devices, including changes in election laws, used in North
Carolina in the late nineteenth and early twentieth centuries—at
first, without explicit use of racial classifications—to undermine
black voting and to disrupt the biracial Republican coalition. The
North Carolina legislature’s 2011 redistricting and revision of
statutes dealing with voting were also “reforms” with a rich
potential to depress black voting and to disrupt the multiracial
coalition of which blacks are a crucial part.
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Posted inredistricting <http://electionlawblog.org/?cat=6>,Voting Rights
Act <http://electionlawblog.org/?cat=15>
“Judge Rules Against San Francisco Bernie Sanders Voters Who Claimed
Primary Voting is Too ‘Confusing'” <http://electionlawblog.org/?p=83311>
Posted onJune 1, 2016 2:52 pm
<http://electionlawblog.org/?p=83311>byRick Hasen
<http://electionlawblog.org/?author=3>
NBC Bay Area
<http://www.nbcbayarea.com/news/local/San-Francisco-Bernie-Sanders-Voters-Sue-Claim-California-Primary-Voting-is-Too-Confusing-381514681.html>:
A federal judge rejected on Wednesday a lawsuit by Bernie Sanders
supporters who argued elections officials in California were
confusing and robbing unaffiliated voters of the chance to vote in
the state’s June 7 Democratic presidential primary.
U.S. District Court Judge William Alsup in San Francisco said the
Voting Rights Defense Project waited too long to request an
injunction for radio and TV ads informing “no-party preference,” or
unaffiliated, voters that they can vote in the presidential primary
of the Democratic, American Independent and Libertarian parties.
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Posted incampaigns <http://electionlawblog.org/?cat=59>,political
parties <http://electionlawblog.org/?cat=25>,primaries
<http://electionlawblog.org/?cat=32>
“Feingold calls for changes to superdelegate system”
<http://electionlawblog.org/?p=83309>
Posted onJune 1, 2016 2:49 pm
<http://electionlawblog.org/?p=83309>byRick Hasen
<http://electionlawblog.org/?author=3>
Milwaukee Journal-Sentinel:
<http://www.jsonline.com/blogs/news/381561751.html>
Former U.S. Senator Russ Feingold expressed support for a
reevaluation of the role of the use of superdelegates Wednesday,
adding that he has “never been a big fan” of the system Democrats
use to nominate presidential candidates.
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Posted inpolitical parties
<http://electionlawblog.org/?cat=25>,primaries
<http://electionlawblog.org/?cat=32>
Quote of the Day <http://electionlawblog.org/?p=83307>
Posted onJune 1, 2016 2:47 pm
<http://electionlawblog.org/?p=83307>byRick Hasen
<http://electionlawblog.org/?author=3>
“It’s not really about knocking down barriers. There are no serious
barriers to voting anymore anywhere in America.”
–Sen. Mitch McConnell, in interview withUSA Today
<http://www.usatoday.com/story/news/politics/2016/06/01/sen-mitch-mcconnell-lauds-voting-rights-law-memoir-opposes-update/85238536/>
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
“‘Soft Money’ Is Back, and Republicans Want to Make It Official”
<http://electionlawblog.org/?p=83305>
Posted onJune 1, 2016 10:40 am
<http://electionlawblog.org/?p=83305>byRick Hasen
<http://electionlawblog.org/?author=3>
Justin
Miller<http://prospect.org/blog/checks/%E2%80%98soft-money%E2%80%99-back-and-republicans-want-make-it-official>for
TAP.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Pillar of Law Files for Summary Judgment in Illinois Cannabis
Speech Case” <http://electionlawblog.org/?p=83303>
Posted onJune 1, 2016 8:50 am
<http://electionlawblog.org/?p=83303>byRick Hasen
<http://electionlawblog.org/?author=3>
Release.
<https://www.pillaroflaw.org/index.php/blog/entry/pillar-of-law-files-for-summary-judgment-in-illinois-cannabis-speech-case>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Rubio says identity of person who gave $13.5 million to group
supporting him is ‘irrelevant'” <http://electionlawblog.org/?p=83301>
Posted onJune 1, 2016 8:32 am
<http://electionlawblog.org/?p=83301>byRick Hasen
<http://electionlawblog.org/?author=3>
Nothing to see here folks.
<http://www.tampabay.com/blogs/the-buzz-florida-politics/rubio-says-identity-of-person-who-gave-135-million-to-group-supporting-him/2279788>Keep
moving.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,tax law
and election law <http://electionlawblog.org/?cat=22>
“Illinois could become the fifth state with automatic voter
registration” <http://electionlawblog.org/?p=83299>
Posted onJune 1, 2016 7:29 am
<http://electionlawblog.org/?p=83299>byRick Hasen
<http://electionlawblog.org/?author=3>
Daily Herald: <http://www.dailyherald.com/article/20160531/news/160539814/>
The measure, which was approved by both the Illinois House and
Senate Tuesday in the final hours of the spring session, will go to
Republican Gov. Bruce Rauner for approval.
Rauner has indicated in the past that he’d support simplifying the
voting process but hasn’t specifically said whether he’d sign the
plan into law….
Still, Republican lawmakers raised concerns, including questions
over the cost of implementing the plan, particularly for local
election boards.
“We’ve made so many other opportunities with early voting,” said
state Rep. David Harris, an Arlington Heights Republican. “I think
it’s important for the voter to have a little bit of initiative to
do what they need to do and not just automatically be signed up.”
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Thousands of U.S. voters in limbo after Kansas toughens election
law” <http://electionlawblog.org/?p=83297>
Posted onJune 1, 2016 7:22 am
<http://electionlawblog.org/?p=83297>byRick Hasen
<http://electionlawblog.org/?author=3>
Reuters
<http://www.reuters.com/article/us-usa-votingrights-kansas-insight-idUSKCN0YN4AQ>:
While you must be a U.S. citizen to vote in American elections, most
states allow those wishing to register to simply sign a statement
affirming they are citizens and provide a driver’s license number,
Social Security number, or other proof of residency.
A Reuters analysis of the Kansas suspense list shows the law
disproportionately hits young voters, who often do not have ready
access to the needed documents, as well as unaffiliated and
Democratic voters in the Republican-controlled state.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Inside Democrats’ Trump-fueled scramble to take back the House”
<http://electionlawblog.org/?p=83295>
Posted onJune 1, 2016 7:14 am
<http://electionlawblog.org/?p=83295>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo
<https://www.washingtonpost.com/politics/inside-democrats-trump-fueled-scramble-to-take-back-the-house/2016/05/31/deddd502-1e97-11e6-b6e0-c53b7ef63b45_story.html>:
Facing a 30-seat deficit, Democrats have dramatically improved their
odds of retaking the House since Biden’s remarks. Republicans are on
the verge of formally nominating Donald Trump, a presidential
candidate who remains deeply unpopular among minorities, women and
younger voters — just the kind of voters Democrats need to win House
seats in swing districts.
Democrats have scrambled to convince enough credible, well-funded
candidates to enter key races that could flip control of the chamber
— and time is fast running out to recruit more.
Party leaders in Washington had so written off the idea of retaking
the majority that a “Majority Project” launched last fall was aimed
at elections in 2022 — after the next round of congressional
redistricting. Trump’s rise to presumptive GOP nominee sparked a
scramble in recent months to recruit Democratic candidates, even in
some Republican-leaning districts.
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Posted incampaigns <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/
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