[EL] ELB News and Commentary 7/21/16

[Rick Hasen]

“Donald Trump Vows to Match Up to $2 Million in Donations”<http://electionlawblog.org/?p=83705>
Posted on June 21, 2016 8:33 am<http://electionlawblog.org/?p=83705> by Rick Hasen<http://electionlawblog.org/?author=3>

WSJ<http://blogs.wsj.com/washwire/2016/06/21/donald-trump-vows-to-match-up-to-2-million-in-donations/?mod=e2twp>:

Tuesday’s fundraising email suggests Mr. Trump is unnerved by the substantial financial lead Mrs. Clinton holds over him. But donating up to $2 million next month to his campaign would not be a real departure for Mr. Trump, who loaned his campaign $2.2 million in May.

The Trump campaign also sent a fundraising plea on Saturday, telling supports it faced “an emergency goal of $100,000 to help get our ads on the air.” The email asked for donations by midnight.

Donors can give up to $2,700 to the campaign for the general election.

Mr. Trump on Tuesday released a statement defending his May fundraising, saying that June “represents the first full month of fundraising activity for the campaign.”

He also said that his cash-on-hand figure is irrelevant. “If need be, there could be unlimited ‘cash on hand’ as I would put up my own money, as I have already done through the primaries,” Mr. Trump said. “Our campaign is leaner and more efficient, like our government should be.”

NYT: Donald Trump on Fund-Raising: ‘I’d Like Support,’ but Can Go It Alone<http://www.nytimes.com/2016/06/22/us/politics/donald-trump-fund-raising-republicans.html?ref=politics&_r=0>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

“As the Government Accountability Board ends, what’s the future for Wisconsin campaign finance regulation?”<http://electionlawblog.org/?p=83703>
Posted on June 21, 2016 8:30 am<http://electionlawblog.org/?p=83703> by Rick Hasen<http://electionlawblog.org/?author=3>

The Cap Times reports.<http://host.madison.com/ct/news/local/govt-and-politics/as-the-government-accountability-board-ends-what-s-the-future/article_0f92ba73-528c-5250-a689-942ab1a7afe6.html>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>

“Appeals court considers North Carolina’s controversial voting rules”<http://electionlawblog.org/?p=83701>
Posted on June 21, 2016 8:30 am<http://electionlawblog.org/?p=83701> by Rick Hasen<http://electionlawblog.org/?author=3>

WaPo reports.<https://www.washingtonpost.com/local/public-safety/appeals-court-considers-north-carolinas-controversial-voting-rules/2016/06/20/0fbe2f32-340a-11e6-8ff7-7b6c1998b7a0_story.html?platform=hootsuite>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Lawyers’ Committee Releases New Report Examining Voting Rights Restrictions Following 2013 Supreme Court Ruling”<http://electionlawblog.org/?p=83699>
Posted on June 21, 2016 8:28 am<http://electionlawblog.org/?p=83699> by Rick Hasen<http://electionlawblog.org/?author=3>

Release<https://lawyerscommittee.org/press-release/lawyers-committee-releases-new-report-examining-voting-rights-restrictions-following-2013-supreme-court-ruling/>:

Today, the Lawyers’ Committee for Civil Rights Under Law (Lawyers’ Committee) released a new report, “Voting Rights Communication Pipelines: Georgia After Shelby County v. Holder<http://bit.ly/GaVRA2016>” – examining Georgia, one of fourteen states that was subject to protections provided by Section 5 of the Voting Rights Act, before the 2013 U.S. Supreme Court decision that gutted this key provision in Shelby County v. Holder.
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Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>

“Want to help end voter suppression? Junk the caucuses.”<http://electionlawblog.org/?p=83697>
Posted on June 21, 2016 8:27 am<http://electionlawblog.org/?p=83697> by Rick Hasen<http://electionlawblog.org/?author=3>

Hear, hear!<https://www.washingtonpost.com/opinions/want-to-help-end-voter-suppression-junk-the-caucuses/2016/06/20/2dfe75b0-372a-11e6-8f7c-d4c723a2becb_story.html>
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Posted in election administration<http://electionlawblog.org/?cat=18>

“FEC settles Jean Schmidt ethics case”<http://electionlawblog.org/?p=83695>
Posted on June 21, 2016 8:25 am<http://electionlawblog.org/?p=83695> by Rick Hasen<http://electionlawblog.org/?author=3>

Cincinnati Enquirer:<http://www.cincinnati.com/story/news/politics/2016/06/20/fec-settles-schmidt-ethics-case/86136138/>

Former Republican Congresswoman Jean Schmidt faces a $2,500 fine for not reporting legal assistance provided by a pro-Turkish group.

The Turkish Coalition of America Inc., which aided Schmidt in several legal disputes connected to her political career, will pay a $25,000 fine, the Federal Election Commission said in its letter to all parties in the matter.

The June 10 agreement with the FEC comes nearly five years after Schmidt political opponent David Krikorian leveled the accusation, part of a multi-front battle between the two over Schmidt’s support of Turkey in Congress and Krikorian’s characterizations about her support.

More on the odyssey of this dispute from the Finney Law Firm.<http://finneylawfirm.com/2016/06/21/a-long-and-incredible-journey-of-making-a-difference/>


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Posted in campaign finance<http://electionlawblog.org/?cat=10>
“Reform and the ‘Chaos Syndrome'”<http://electionlawblog.org/?p=83692>
Posted on June 21, 2016 8:18 am<http://electionlawblog.org/?p=83692> by Rick Hasen<http://electionlawblog.org/?author=3>

Bauer<http://www.moresoftmoneyhardlaw.com/2016/06/reform-chaos-syndrome/>:

In an article just published<http://www.theatlantic.com/magazine/archive/2016/07/how-american-politics-went-insane/485570/> in Atlantic, Jonathan Rauch argues that modern political reform has contributed to a disastrously weakened capacity for responsible, functional self-governance.The damage has been done to critically needed intermediary institutions, such as parties, whose effectiveness depend on allowances and practices now associated with old-style politics: less transparency in the conduct of government business, more resources for parties and their leadership, more of a role for party leaders and elites in screening candidates, and more flexibility for congressional leaders to utilize tools like “pork” to induce cohesion in the legislative ranks. The result of the change has been what he calls “chaos syndrome.”

Rauch does not claim that the reforms all without merit, or that we can or should leapfrog back to the end of the 19th or early 20th century. But, he says, by scaling back or adjusting certain of these reforms, something can be done to restore functionality to our politics—to contain the “chaos.”
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Politifact Rates as “Half-True” Obama Statement that U.S. Only Advanced Democracy Making It Harder to Vote<http://electionlawblog.org/?p=83690>
Posted on June 20, 2016 7:58 pm<http://electionlawblog.org/?p=83690> by Rick Hasen<http://electionlawblog.org/?author=3>

Yeah<http://www.politifact.com/texas/statements/2016/jun/20/barack-obama/barack-obama-austin-says-us-only-advanced-democrac/>, but its reason for saying half-true is the diversity of the U.S:

Obama said in Austin: “We’re the only advanced democracy in the world that makes it harder for people to vote.”

This statement leaves out important details–such as that only nine U.S. states have strict photo-ID requirements at the polls and 16 states haven’t imposed any such hurdle. So, the practices Obama is singling out aren’t uniform.

Also, a very few advanced democracies — Spain, France and Belgium — require photo IDs at the polls though it’s worth noting that those nations also make it easy for each citizen to have the accepted ID.

On balance, we rate this claim Half True.

I think the question is much more complex, and I’d point to new laws in places like Canada, for example, thaat also seem to be making it harder for some folks to vote. It is actually a complex question. You can’t just focus on voter id, for example.

I’d rate Politifact’s analysis here “half-assed.”
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>

“Donald Trump Far Behind Hillary Clinton in Campaign Cash”<http://electionlawblog.org/?p=83687>
Posted on June 20, 2016 7:52 pm<http://electionlawblog.org/?p=83687> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT<http://www.nytimes.com/2016/06/21/us/politics/donald-trump-money-campaign.html>:

Donald J. Trump enters the general election campaign laboring under the worst financial and organizational disadvantage of any major party nominee in recent history, placing both his candidacy and party in political peril.

Mr. Trump began June with just $1.3 million in cash on hand, a figure more typical for a campaign for the House of Representatives than the White House, and trailed Hillary Clinton by more than $41 million, according to reports filed with the Federal Election Commission<http://topics.nytimes.com/top/reference/timestopics/organizations/f/federal_election_commission/index.html?inline=nyt-org> late Monday.

He has a staff of around 70 people — compared with nearly 700 for Mrs. Clinton — suggesting only the barest effort toward preparing to contest swing states this fall. And he fired his campaign manager, Corey Lewandowski, on Monday, after concerns among allies and donors about his ability to run a competitive race.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

“Leaked Guide Shows Clinton Staffers How to Solicit for Super PAC Without Breaking Pesky Rules”<http://electionlawblog.org/?p=83685>
Posted on June 20, 2016 7:42 pm<http://electionlawblog.org/?p=83685> by Rick Hasen<http://electionlawblog.org/?author=3>

The Intercept<https://theintercept.com/2016/06/20/leaked-guide-shows-clinton-staffers-how-to-solicit-for-super-pac-without-breaking-pesky-rules/>:

Sadly, however, there are still rules forbidding campaign staffers from explicitly asking the incredibly rich to give more than $5,000 to Super PACs like Priorities USA. They are loose rules, and rarely enforced rules, but they are rules nonetheless.

So what can you, a Clinton operative with a Cleveland Park mortgage and irritatingly expensive children, do to avoid paying defense lawyers half a million dollars in the very unlikely event that the Federal Election Commission decides to open an investigation into what you did?

Fortunately, a 2015 memo<https://guccifer2.files.wordpress.com/2016/06/memo-for-fundraising-staff.pdf> evidently written by Marc Elias, now general counsel for the Clinton campaign, explains it all. Very precisely.

The memo, found among the trove of documents from the Democratic National Committee apparently stolen by the hacker who goes by the name Guccifer 2.0, includes rules and sample statements that will keep you on the right side of America’s barely existing campaign finance laws.

All the rules quoted below are taken directly from that memo. The sample statements are an artistic extrapolation.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

“N.C. photo ID, voting law heading to an appeals court”<http://electionlawblog.org/?p=83683>
Posted on June 20, 2016 7:17 pm<http://electionlawblog.org/?p=83683> by Rick Hasen<http://electionlawblog.org/?author=3>

AP<http://www.greensboro.com/news/n-c-photo-id-voting-law-heading-to-an-appeals/article_fa5557b3-c5fd-5c78-bd45-8a1bddcf74f1.html>:

Far-reaching voting changes in North Carolina approved by Republicans three years ago and upheld by a federal judge now head to an appeals court that previously sided with those challenging the law on racial grounds.

The 4th U.S. Circuit Court of Appeals scheduled oral arguments Tuesday, just two months after a lower court ruled photo identification requirements to vote in person, early-voting restrictions and other changes violated neither the federal Voting Rights Act nor the Constitution.


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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, Voting Rights Act<http://electionlawblog.org/?cat=15>

“Here’s why the RNC needs Donald Trump to step up his fundraising game”<http://electionlawblog.org/?p=83681>
Posted on June 20, 2016 4:50 pm<http://electionlawblog.org/?p=83681> by Rick Hasen<http://electionlawblog.org/?author=3>

Matea Gold<https://www.washingtonpost.com/news/post-politics/wp/2016/06/20/heres-why-the-rnc-needs-donald-trump-to-step-up-his-fundraising-game/?postshare=4951466466196737&tid=ss_tw> for WaPo:

The Republican National Committee took on $2 million more debt in May as it finalized a joint fundraising agreement with Donald Trump’s campaign, underscoring how the real estate mogul’s lack of a fundraising structure has put financial pressure on the national party committee.

The RNC raised $11 million in contributions for the month, including $3 million that came in through Trump Victory, a joint fundraising committee<https://www.washingtonpost.com/news/post-politics/wp/2016/05/17/donors-can-give-nearly-500000-to-new-joint-fundraising-effort-between-trump-and-rnc/?tid=a_inl> it set up at the end of May with Trump’s campaign and 11 state parties, new campaign finance filings show. The party ended the month with $20 million in the bank — but also nearly $7 million in debt, up from almost $5 million at the end of April.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

“The Kochs’ powerful operation isn’t aimed at helping Trump – but it might anyway”<http://electionlawblog.org/?p=83679>
Posted on June 20, 2016 1:09 pm<http://electionlawblog.org/?p=83679> by Rick Hasen<http://electionlawblog.org/?author=3>

Matea Gold reports<https://www.washingtonpost.com/politics/koch-network-focuses-on-senate-races--but-voters-want-to-talk-trump/2016/06/20/e643e2de-349d-11e6-8758-d58e76e11b12_story.html> for WaPo.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

“Victory in Virginia as Federal Judge Dismisses Voter Purge Case”<http://electionlawblog.org/?p=83677>
Posted on June 20, 2016 1:00 pm<http://electionlawblog.org/?p=83677> by Rick Hasen<http://electionlawblog.org/?author=3>

Release:<http://www.demos.org/press-release/victory-virginia-federal-judge-dismisses-voter-purge-case>

Following a hearing Friday in the U.S. District Court for the Eastern District of Virginia, Judge Leonie M. Brinkema dismissed a lawsuit filed by self-styled “election integrity” group Virginia Voter’s Alliance. The suit sought to force Alexandria’s registrar to conduct what the League of Women Voters of Virginia (LWV-VA), which intervened in the case, called an unnecessary and ill-conceived voter purge.

At the hearing, Judge Brinkema granted the League’s request to join the case, and heard arguments from their attorneys to have the claim seeking court-ordered purging of the voter rolls dismissed. LWV-VA was represented in this case by attorneys from voting rights groups Demos and Project Vote, and by attorneys at Hogan Lovells, an international law firm providing pro bono assistance.
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Posted in NVRA (motor voter)<http://electionlawblog.org/?cat=33>

“Common Cause Announces Winners of National Contest to End Gerrymandering”<http://electionlawblog.org/?p=83675>
Posted on June 20, 2016 12:53 pm<http://electionlawblog.org/?p=83675> by Rick Hasen<http://electionlawblog.org/?author=3>

Release<http://www.commoncause.org/press/press-releases/common-cause-announces-gerrymander-writing-winners.html>:

Three academics with fresh ideas to identify and analyze how politicians draw legislative boundaries for political advantage have been declared the winners of Common Cause’s second annual Gerrymander Standard Writing Competition<http://www.commoncause.org/gerrymanderstandard>.

1st Place: Wendy Tam Cho<http://cho.pol.illinois.edu/wendy/> and Yan Y. Liu<http://www.cigi.illinois.edu/dokuwiki/doku.php/people/yan_liu> of the University of Illinois claimed the competition’s top prize with a paper describing how they can generate millions of simulated redistricting maps with desirable characteristics to provide context and insight into the role of partisanship in devising a disputed plan.

2nd Place: Second place went to Sam Wang<http://molbio.princeton.edu/faculty/molbio-faculty/139-wang> of Princeton University, whose paper proposes three statistical tests to reliably assess asymmetry, which occurs when the number of seats each party would receive changes in an unequal fashion if the parties switched places in the popular vote.

3rd Place: Ted Arrington<https://clas-pages.uncc.edu/theodore-arrington/>, professor emeritus at the University of North Carolina at Charlotte, took third place with a paper presenting a workable criteria for determining when districting arrangements so distort the process of translating votes into seats in a legislature that the process or the redistricting plan rises to a constitutional violation.

Common Cause sponsored the 2nd Annual Gerrymander Standard Writing Competition<http://www.commoncause.org/gerrymanderstandard> to generate measurements for partisan gerrymandering that could be used in court to demonstrate that this undemocratic practice violates Americans’ constitutional rights. In a 2004 U.S. Supreme Court case, Justice Anthony Kennedy’s concurring opinion stated that partisan gerrymanders could be challenged in court but that a judicially manageable standard for measuring them would have to be developed before a court could overturn such maps.
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Posted in redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>

“Shelby County v. Holder’s Biggest and Most Harmful Impact May Be on Our Nation’s Smallest Towns”<http://electionlawblog.org/?p=83673>
Posted on June 20, 2016 10:11 am<http://electionlawblog.org/?p=83673> by Rick Hasen<http://electionlawblog.org/?author=3>

CLC Blog.<http://www.campaignlegalcenter.org/news/blog/shelby-county-v-holder-s-biggest-and-most-harmful-impact-may-be-our-nation-s-smallest>
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>, Voting Rights Act<http://electionlawblog.org/?cat=15>

“Fourth Circuit Upholds Virginia’s Discriminatory Ballot Listing for Candidates”<http://electionlawblog.org/?p=83671>
Posted on June 20, 2016 10:08 am<http://electionlawblog.org/?p=83671> by Rick Hasen<http://electionlawblog.org/?author=3>

BAN<http://ballot-access.org/2016/06/20/fourth-circuit-upholds-virginias-discriminatory-ballot-listing-for-candidates/>:

On June 20, the Fourth Circuit agreed with the U.S. District Court that Virginia’s discriminatory listing of candidates on the general election ballot is constitutional.Libertarian Party of Virginia v Alcorn<http://ballot-access.org/wp-content/uploads/2016/06/4th-circuit-ballot-order-loss.pdf>, 15-1162. The decision is by Judge J. Harvie Wilkinson, a Reagan appointee. It is co-signed by Judge G. Stephen Agee, a Bush Jr. appointee, and Andre M. Davis, a Clinton appointee. The Virginia law says the nominees of the qualified parties are always listed first on the ballot, followed by the nominees of the unqualified parties, and then by independent candidates. Ironically, Virginia does require random placement of each candidate within each category, so a random order procedure is used in every election to determine whether the Republican or the Democratic Party nominees are listed first or second.

The decision does not mention any of the court decisions that say the U.S. Constitution requires an equal chance for all candidates to be listed first on the ballot, except for a U.S. District Court decision from Oklahoma that struck down a law saying the Democratic Party should always be listed first (the law mentioned the Democratic Party by name). The Fourth Circuit decision ignores contrary decisions of the Seventh and Eighth Circuits, a U.S. District Court in New Mexico, and the California and New Hampshire Supreme Courts.
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Posted in ballot access<http://electionlawblog.org/?cat=46>, third parties<http://electionlawblog.org/?cat=47>


--
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<mailto:rhasen at law.uci.edu>
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org<http://electionlawblog.org/>
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