[EL] ELB News and Commentary 3/9/16
Rick Hasen
rhasen at law.uci.edu
Wed Mar 9 09:06:12 PST 2016
“Rebecca Bradley ‘horribly embarrassed’ by anti-gay comments, Walker
declines to condemn them” <http://electionlawblog.org/?p=80702>
Posted onMarch 9, 2016 9:04 am
<http://electionlawblog.org/?p=80702>byRick Hasen
<http://electionlawblog.org/?author=3>
Fox 6 Now reports.
<http://fox6now.com/2016/03/08/rebecca-bradley-horribly-embarrassed-by-anti-gay-comments-walker-declines-to-condemn-them/>
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Posted injudicial elections <http://electionlawblog.org/?cat=19>
“Voting Did Not Go Smoothly Last Night”
<http://electionlawblog.org/?p=80700>
Posted onMarch 9, 2016 9:03 am
<http://electionlawblog.org/?p=80700>byRick Hasen
<http://electionlawblog.org/?author=3>
Think Progress.
<http://thinkprogress.org/politics/2016/03/09/3757592/four-states-voting-problems/>
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Conference on Money and the First Amendment”
<http://electionlawblog.org/?p=80698>
Posted onMarch 9, 2016 8:56 am
<http://electionlawblog.org/?p=80698>byRick Hasen
<http://electionlawblog.org/?author=3>
Looking forward to participating inthis event
<http://www.colorado.edu/keller/events/conference-money-and-first-amendment>at
the University of Colorado, Boulder in April.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
Jim Bopp Files Brief Supporting Gov. McDonnell at Supreme Court
<http://electionlawblog.org/?p=80696>
Posted onMarch 9, 2016 8:55 am
<http://electionlawblog.org/?p=80696>byRick Hasen
<http://electionlawblog.org/?author=3>
Here
<http://www.jamesmadisoncenter.org/cases/files/mcdonnell-us/amicus.pdf>.
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Posted inbribery <http://electionlawblog.org/?cat=54>,chicanery
<http://electionlawblog.org/?cat=12>
“Alabama’s New Fight for Voting Rights”
<http://electionlawblog.org/?p=80694>
Posted onMarch 9, 2016 8:47 am
<http://electionlawblog.org/?p=80694>byRick Hasen
<http://electionlawblog.org/?author=3>
Spencer Woodman
<http://www.vice.com/read/51-years-after-selma-new-fight-for-voting-rights-in-alabama?platform=hootsuite>for
Vice:
The recent proliferation of new restrictions has inflected the
celebrations in Selma this week with worries of a resurgent era of
voter suppression—concerns that have taken on new urgency ahead of
the first presidential election since the landmark/Shelby/decision.
And Alabama provides a striking example of post-/Shelby/uncertainty
among civil rights activists.
In the nearly three years since the/Shelby/decision, the state’s
implementation of the voter ID law has been something of a saga. In
September 2015, for instance, following a budget cut by the Alabama
Legislature, the state ordered theclosure of 31
<http://www.theguardian.com/us-news/2015/oct/17/alabama-voting-voter-id-driving-license>of
the Department of Motor Vehicle’s part-time satellite offices, many
of which served poor, rural regions. Given that unequal access to
state-issued identification cards was their primary argument against
the state’s voter ID law, civil rights groups were outraged by the
closures, and claimed the move would further limit minority voters’
access to Alabama’s polls.
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Posted inThe Voting Wars <http://electionlawblog.org/?cat=60>,Voting
Rights Act <http://electionlawblog.org/?cat=15>
“Elections director keeps bill details from Democrats”
<http://electionlawblog.org/?p=80692>
Posted onMarch 9, 2016 8:45 am
<http://electionlawblog.org/?p=80692>byRick Hasen
<http://electionlawblog.org/?author=3>
Arizona Republic:
<http://www.azcentral.com/story/news/politics/politicalinsider/2016/03/08/elections-director-keeps-bill-details-democrats/81492500/>
Elections Director Eric Spencer, the author of the controversial
overhaul of Arizona’s campaign-finance laws, apparently doesn’t like
pushback.
He had told Senate Democrats he would share a major amendment to
Senate Bill 1516 with them before it came up for a floor debate
Tuesday. But, he told/The Arizona Republic/, he changed his
mind when the state Democratic Party used a media account of the
bill to do some fundraising last weekend.
And when the attorney for the Senate Democrats inquired about the
whereabouts of the amendment the night before the debate, Spencer
reiterated his pique in an emailed reply and attached the
offending fundraising pitch.
“(Y)ou’ll have to take that up with the Senate,” Spencer wrote.
“Unfortunately, the partisan attacks this weekend have foreclosed
any concessions I’m able to offer at this point.”
See alsothis
column<http://www.azcentral.com/story/opinion/op-ed/laurieroberts/2016/03/09/roberts-why-arizonas-elections-director-playing-politics/81501872/>by
Laurie Roberts, complete with some interesting tweets.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Donald Trump may need a lot of rich backers after all”
<http://electionlawblog.org/?p=80690>
Posted onMarch 9, 2016 8:43 am
<http://electionlawblog.org/?p=80690>byRick Hasen
<http://electionlawblog.org/?author=3>
Yahoo News reports.
<http://finance.yahoo.com/news/donald-trump-may-need-a-lot-of-rich-backers-after-all-154715815.html>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“How Trump Could Be Blocked at a Contested Republican Convention”
<http://electionlawblog.org/?p=80688>
Posted onMarch 9, 2016 7:54 am
<http://electionlawblog.org/?p=80688>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT flow chart.
<http://www.nytimes.com/interactive/2016/03/09/us/politics/how-trump-could-be-blocked-at-a-contested-republican-convention.html?_r=2>
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“PR Firms Sue NY on New Lobbying Rule”
<http://electionlawblog.org/?p=80686>
Posted onMarch 9, 2016 7:49 am
<http://electionlawblog.org/?p=80686>byRick Hasen
<http://electionlawblog.org/?author=3>
Release:
<http://www.campaignfreedom.org/2016/03/08/pr-firms-sue-ny-on-new-lobbying-rule/>
The Center for Competitive Politics (CCP), America’s largest
nonprofit working to promote and defend First Amendment rights to
free political speech, assembly, and petition announced that five
public relations firms filed a lawsuit in federal court today
seeking to block a new lobbying rule by the New York State Joint
Commission on Public Ethics (JCOPE). That advisory opinion would
force public relations professionals to register as lobbyists.
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Posted inlobbying <http://electionlawblog.org/?cat=28>
“Reconstituting the Buckley Framework: A Response to “The Appearance
and Reality of Quid Pro Quo Corruption””
<http://electionlawblog.org/?p=80684>
Posted onMarch 9, 2016 7:41 am
<http://electionlawblog.org/?p=80684>byRick Hasen
<http://electionlawblog.org/?author=3>
Michael Morley
<http://www.scribd.com/doc/303303934/Reconstituting-the-Buckley-Framework-A-Response-to-The-Appearance-and-Reality-of-Quid-Pro-Quo-Corruption>:
Professor Christopher Robinson and his co-authors’ recent draft,
“The Appearance and Reality of/Quid Pro Quo/Corruption: An Empirical
Analysis,” discusses their empirical studies which reveal, among
other things, that mock grand jurors are exceedingly willing to
indict a fictitious officeholder and CEO of a corporation for what
amounts to an independent expenditure. Their paper reveals a
fundamental tension at the heart of campaign finance jurisprudence.
The framework set forth in/Buckley v. Valeo/suggests that, if
independent expenditures are proven to create an appearance of
corruption, then the Government may regulate or even prohibit them.
Yet/Buckley/and four decades of subsequent campaign finance
jurisprudence flatly reject virtually any limits or prohibitions on
independent expenditures. Robinson’s article brings this conflict to
a head: empirical evidence that independent expenditures give rise
to an appearance of corruption could force the Court to approve
restrictions or even prohibitions on independent expenditures.
This Response instead recommends avoiding the entire problem
implicated by Robinson’s research, by revising/Buckley/‘s reasoning
while maintaining its ultimate conclusions. The Court should hold
that the possibility or even appearance of corruption is not a
constitutionally sufficient basis for limiting the amount of
independent expenditures a person or entity may make. In the
absence of actual/quid pro quo/corruption, pure speech should not be
proscribed simply because a candidate or officeholder might
unilaterally choose to exercise their official discretion favorably
to the speaker in response, or the public might believe such
reciprocation could occur.
The issues discussed in both Robinson’s article and this Response
concerning the factual underpinnings of the Court’s campaign finance
jurisprudence are also analyzed in greater depth in “Contingent
Constitutionality, Legislative Facts, and Campaign Finance Law,”
Fla. St. U. L. Rev. (forthcoming),/available
at/http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2722584.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Sanders lawsuit: Ohio official changed law to block 17-year-olds
from voting” <http://electionlawblog.org/?p=80682>
Posted onMarch 9, 2016 7:35 am
<http://electionlawblog.org/?p=80682>byRick Hasen
<http://electionlawblog.org/?author=3>
CNN
<http://www.cnn.com/2016/03/08/politics/bernie-sanders-lawsuit-ohio-teenage-voters/>:
Bernie Sanders’ campaign on Tuesday sued Ohio Secretary of State Jon
Husted, accusing the Republican of quietly changing a law in an
effort to block 17-year-olds from voting in the state’s presidential
primary next week.
Husted, however, insisted that there had been no change in the law.
You can read the complainthere
<https://berniesanders.com/wp-content/uploads/2016/03/Bernie2016vHusted.pdf>.
Richard Winger
<http://ballot-access.org/2016/03/08/bernie-sanders-campaign-sues-ohio-over-restrictive-interpretation-of-law-allowing-17-year-olds-to-vote-in-primaries/>:
The Secretary of State believes that the law does not apply to
presidential primaries, because presidential primaries are really
elections for Delegate to national conventions. However, the
Secretary’s stance on this contradicts what he has told the press
about whether the Ohio sore loser law and the Ohio law on
affiliation of independent candidates apply to presidential primaries.
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Posted incampaigns <http://electionlawblog.org/?cat=59>,voting
<http://electionlawblog.org/?cat=31>
Lawyer from Judicial Watch Makes Appearance for EAC Commissioner
McCormick in EAC Citizenship Case <http://electionlawblog.org/?p=80680>
Posted onMarch 9, 2016 7:29 am
<http://electionlawblog.org/?p=80680>byRick Hasen
<http://electionlawblog.org/?author=3>
Sure to raise the temperature.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,Election Assistance Commission
<http://electionlawblog.org/?cat=34>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“New report finds that campaign finance failed to meet international
standards in two-thirds of all elections last year”
<http://electionlawblog.org/?p=80678>
Posted onMarch 9, 2016 7:28 am
<http://electionlawblog.org/?p=80678>byRick Hasen
<http://electionlawblog.org/?author=3>
From theElectoral Integrity Project.
<https://sites.google.com/site/electoralintegrityproject4/projects/expert-survey-2/the-year-in-elections-2015>These
are based on observer perceptions but I have a hard time understanding
what “failed” means in this context.
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Posted incampaign finance
<http://electionlawblog.org/?cat=10>,comparative election law
<http://electionlawblog.org/?cat=107>
Stewart on As Applied Voter ID Challenges in Indiana
<http://electionlawblog.org/?p=80675>
Posted onMarch 9, 2016 7:22 am
<http://electionlawblog.org/?p=80675>byRick Hasen
<http://electionlawblog.org/?author=3>
Here
<http://ballots.blogspot.com/2016/03/in-fact-results-in-both-cases-were-more.html>,
reacting to my newSoftening
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2743946>draft.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“The Appearance and the Reality of Quid Pro Quo Corruption: An
Empirical Investigation” <http://electionlawblog.org/?p=80673>
Posted onMarch 8, 2016 12:05 pm
<http://electionlawblog.org/?p=80673>byRick Hasen
<http://electionlawblog.org/?author=3>
Christopher Robertson and three co-authors have postedthis draft
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2740615>on SSRN
(forthcoming, /Journal of Legal Analysis/). Here is the abstract:
he Supreme Court says that campaign finance regulations are
unconstitutional unless they target “quid pro quo” corruption or its
appearance. The Court has used this doctrine to strike down many
efforts at campaign finance reform. However, the court has merely
speculated or reasoned in a conclusory way about when that criterion
is satisfied. To operationalize and test the “appearances” standard,
we fielded two empirical studies. First, in a highly realistic
simulation, three grand juries deliberated on charges that
”independent” campaign spending in a Congressional race met the
legal standard for bribery of the candidate. Second, 1276
nationally-representative online respondents considered whether to
convict in such a scenario, with five variables manipulated randomly
to enhance generalizability. In both studies, jurors found quid pro
quo corruption for behaviors they believed to be common in
contemporary politics. Because these tests use the procedural and
substantive apparatus of Federal law to operationalize the quid pro
quo corruption concept and draw from a diverse population of
respondents, they are a stronger test of the “appearances” standard
than mere opinion polling or judicial speculation. The data suggest
that prior Supreme Court’s decisions were wrong, and that Congress
and the states have greater authority to regulate campaign finance.
This research also suggests that actual prosecutions under current
bribery laws are surprisingly viable, but this risk is deeply
problematic under the First Amendment, Due Process, and Separation
of Powers doctrines. A regulatory system using safe harbors may be a
solution.
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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>
Dahlia Lithwick on the End of the Conservative Era at SCOTUS
<http://electionlawblog.org/?p=80671>
Posted onMarch 8, 2016 12:02 pm
<http://electionlawblog.org/?p=80671>byRick Hasen
<http://electionlawblog.org/?author=3>
This is true for now,
<http://www.slate.com/articles/news_and_politics/jurisprudence/2016/03/antonin_scalia_s_death_has_changed_the_way_the_supreme_court_and_conservative.single.html>but
could easily revert to the old pattern if there is a conservative
president appointinganother Justice Scalia.
<http://blogs.reuters.com/great-debate/2016/02/21/appoint-another-scalia-kiss-democracy-goodbye/>
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“COLUMN: I tried to get a voter ID card, here is what happened”
<http://electionlawblog.org/?p=80669>
Posted onMarch 8, 2016 11:36 am
<http://electionlawblog.org/?p=80669>byRick Hasen
<http://electionlawblog.org/?author=3>
From a
student<http://www.technicianonline.com/opinion/article_5cac73d2-db75-11e5-8921-036c6bef3d9d.html>at
North Carolina State, Logan Graham:
So, off I headed to the Department of Registration and Records and,
after a quick five-minute wait, I had an official transcript in
hand. Time wise, gaining the second form of ID had been quite easy,
but, unfortunately the transcript wasn’t free. It cost me $12 to get
the stamped, official transcript the DMV required — suddenly, the
free voter ID was no longer free.
Yet, nevertheless, I had my IDs in hand, and I set off to the DMV.
For the next three hours, however, I ended up traversing buses
around the city. I was turned down at the DMV and shipped off at the
Wake County Board of Elections, but, at the Board of Elections, I
was again turned down, told that I was in fact supposed to get my
voter ID at the DMV. Armed with pamphlets from the Board of
Elections that clearly specified the DMV had to provide me with an
ID, I was ready to return to the DMV. Unfortunately, after spending
three hours riding buses around Raleigh, the DMV had shut down for
the night. So instead I returned back to campus. In a day where I
had spent $12 and three hours trying to track down an ID, I had
nothing to show for my work.
The next day I was back at it. In the middle of the day, I had a
three-hour break between classes which, I could only assume would
give me enough time to gain the ID. When I arrived at the DMV the
second time, I was armed with the pamphlets I had been given at the
Board of Elections, and was quickly allowed to enter. Yet, moving
past the front desk, I was met with a long line. For two hours I
waited in the line waiting for my number to be heard, for two hours
I listened to the same robotic voice calling out numbers, and for
two hours my number was never called. Finally, with my afternoon
classes just a half hour away, I had to call it. I left the DMV,
boarded another bus back to campus, and still had no more IDs than I
had started with two days earlier.
In total, I’ve spent $12 and six hours trying to get an ID. If I
include the cost of time wasted set at North Carolina’s minimum wage
of $7.25, my attempt to gain an ID has cost $55.50 so far. The
stipulation, then, that a voter ID is free and simple to obtain, is
completely inaccurate when we put the process into action.
Today, as my quest for a voter ID continues, I’m hesitant to go back
and spend another three hours waiting in line, only to be forced to
give up and return back to campus for class. All college students
are busy, and the out-of-state students who need another ID to vote
simply don’t have enough time to spend waiting in lines at the DMV
to get one.
Yup,beware the “softening.”
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2743946>
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Republicans created dysfunction. Now they’re paying for it.”
<http://electionlawblog.org/?p=80667>
Posted onMarch 8, 2016 10:16 am
<http://electionlawblog.org/?p=80667>byRick Hasen
<http://electionlawblog.org/?author=3>
Masterful Mann and Ornsteinat WaPo:
<https://www.washingtonpost.com/news/in-theory/wp/2016/03/08/republicans-created-dysfunction-now-theyre-paying-for-it/>
“The Republican Party has become an insurgent outlier —
ideologically extreme; contemptuous of the inherited social and
economic regime; scornful of compromise; unpersuaded by conventional
understanding of facts, evidence and science; and dismissive of the
legitimacy of its political opposition.” That passage, which framed
a core part of the argument of our 2012 book,/It’s Even Worse Than
It Looks/, wasvilified by
<https://www.washingtonpost.com/blogs/right-turn/post/ornstein-and-manns-op-ed-blaming-republicans-it-was-a-parody-right/2012/04/30/gIQABq0qrT_blog.html>conservative
commentators
<https://www.nationalreview.com/nrd/articles/302211/extremely-non-partisan>,
called a rant and a parody.
Fast forward to 2016. Incredibly, Republican destructiveness is
even worse than it was four years ago — and the party is paying for
it with a surge of anti-establishment populism that is tearing apart
its coalitional base.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Exiled from Koch orbit, American Future Fund turns to GOP
establishment for cash” <http://electionlawblog.org/?p=80665>
Posted onMarch 8, 2016 10:15 am
<http://electionlawblog.org/?p=80665>byRick Hasen
<http://electionlawblog.org/?author=3>
Open Secrets explores.
<http://www.opensecrets.org/news/2016/03/exiled-from-koch-orbit-american-future-fund-turns-to-gop-establishment-for-cash/>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
North Carolina Denies Its Congressional Plan is a Political
Gerrymander <http://electionlawblog.org/?p=80662>
Posted onMarch 8, 2016 10:00 am
<http://electionlawblog.org/?p=80662>byRick Hasen
<http://electionlawblog.org/?author=3>
Read North Carolina’s reply
<http://electionlawblog.org/wp-content/uploads/nc-response-congressional.pdf>in
the congressional districting litigation.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Liberals should thank Scalia for right to blast GOP on Supreme
Court: Column” <http://electionlawblog.org/?p=80659>
Posted onMarch 8, 2016 9:55 am
<http://electionlawblog.org/?p=80659>byRick Hasen
<http://electionlawblog.org/?author=3>
Eric Wang
<http://www.usatoday.com/story/opinion/2016/03/08/supreme-court-nomination-antonin-scalia-vote-citizens-united-column/81412486/>for
USA Today.
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Posted inSupreme 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
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http://electionlawblog.org
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