[EL] ELB News and Commentary 3/31/16
Rick Hasen
rhasen at law.uci.edu
Thu Mar 31 07:27:31 PDT 2016
“Is It O.K. if Your Vote Is a Lie? Ask a Canadian”
<http://electionlawblog.org/?p=81384>
Posted onMarch 31, 2016 7:22 am
<http://electionlawblog.org/?p=81384>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT’s The UpShot
<http://www.nytimes.com/2016/03/31/upshot/is-it-ok-if-your-vote-is-a-lie-ask-a-canadian.html?ref=politics>:
After an Upshotarticle
<http://www.nytimes.com/2015/12/10/upshot/you-say-you-loathe-ted-cruz-you-still-might-want-to-vote-for-him.html>about
strategic voting — “You Say You LoatheTed Cruz
<http://www.nytimes.com/interactive/2016/us/elections/ted-cruz-on-the-issues.html?inline=nyt-per>?
You Still Might Want to Vote for Him”— one reader had a question:
“How about the idea of being honest with your vote? Isn’t this
strategy another form of telling a lie?”
Perhaps Canada can offer neighborly advice, after recently living
through a national debate over the ethics of votingfor someone other
than your first choice <http://www.strategicvoting.ca/>, as a means
to an end.
An article in The National Postset the scene
<http://news.nationalpost.com/news/canada/canadian-politics/elizabeth-may-pleads-for-end-to-strategic-voting-while-green-party-accused-of-vote-splitting>last
October.
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Posted invoting <http://electionlawblog.org/?cat=31>
“The Trump-Cruz Louisiana Delegate Fight Could Be First Sign Of
Turmoil To Come” <http://electionlawblog.org/?p=81382>
Posted onMarch 31, 2016 7:18 am
<http://electionlawblog.org/?p=81382>byRick Hasen
<http://electionlawblog.org/?author=3>
Tierney Sneed:
<http://talkingpointsmemo.com/dc/trump-cruz-louisiana-delegate-fight>
Political observers have wondered for months whether Donald Trump’s
unconventional, “political outsider” campaign would put him at a
disadvantage if the Republican presidential race were to come down
to the wire. Now, a fight stemming from the complicated process of
selecting convention delegates suggests it has.
The Trump campaign is currently in a tizzy over a development
regarding Louisiana’s delegation to the Republican National
Convention. While Trump narrowly defeated Sen. Ted Cruz (R-TX) in
the state’s primary earlier this month, a recent Wall Street Journal
reportsuggested
<http://www.wsj.com/articles/ted-cruz-gains-in-louisiana-after-loss-there-to-donald-trump-1458861959?cb=logged0.3616798339616545>that
Cruz will head to Cleveland with more Louisiana delegates than the
real estate mogul, prompting Trump toaccuse Cruz
<http://talkingpointsmemo.com/livewire/donal-trump-lawsuit-louisiana-delegates>of
trying to “steal” delegates.
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Posted inpolitical parties
<http://electionlawblog.org/?cat=25>,primaries
<http://electionlawblog.org/?cat=32>
Bernie Sanders Could Try to Flip SuperDelegates Even if He’s Behind
in Elected Delegate Count <http://electionlawblog.org/?p=81380>
Posted onMarch 31, 2016 7:15 am
<http://electionlawblog.org/?p=81380>byRick Hasen
<http://electionlawblog.org/?author=3>
Maddow
<http://www.msnbc.com/rachel-maddow/watch/sanders-on-delegates-and-50-state-strategy-655509059942>.
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Posted inprimaries <http://electionlawblog.org/?cat=32>,provisional
ballots <http://electionlawblog.org/?cat=67>
“Super PACs and Trump’s Wife: How a Photo Dispute Highlights
Weakness in Campaign Finance Rules <http://electionlawblog.org/?p=81378>
Posted onMarch 31, 2016 7:13 am
<http://electionlawblog.org/?p=81378>byRick Hasen
<http://electionlawblog.org/?author=3>
ProPublica
<https://www.propublica.org/article/super-pacs-trumps-wife-photo-dispute-weakness-campaign-finance-rules>:
There’s no evidence to support Donald Trump’s claim that Ted Cruz
played a role in a super PAC’s attack on his wife.
But federal rules barring coordination between candidates and the
super PACs that support them have been so rarely enforced that even
if Trump were right, it’s uncertain the Cruz campaign would be
penalized.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Suppress Votes? I’d Rather Lose My Job”
<http://electionlawblog.org/?p=81376>
Posted onMarch 31, 2016 7:10 am
<http://electionlawblog.org/?p=81376>byRick Hasen
<http://electionlawblog.org/?author=3>
Rep. Sensenbrenner NYT oped:
<http://www.nytimes.com/2016/03/31/opinion/suppress-votes-id-rather-lose-my-job.html?_r=0>
The Voting Rights Act of 2015, which has more than 100 co-sponsors,
13 of them Republicans, has beenintroduced in the House
<https://www.congress.gov/bill/114th-congress/house-bill/885/all-info#major-actions>and
referred to the Judiciary Committee, where it awaits action. Some of
my colleagues view the bill as unnecessary because of the progress
we have made against voter discrimination. The bill’s structure,
however, ensures that preclearance will apply only if in fact
discrimination occurs.
Ensuring that every eligible voter can cast a ballot without fear,
deterrence and prejudice is a basic American right. I would rather
lose my job than suppress votes to keep it.
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Posted inVRAA <http://electionlawblog.org/?cat=81>
“The Federal Election Commission is Worse than Useless”
<http://electionlawblog.org/?p=81374>
Posted onMarch 31, 2016 7:06 am
<http://electionlawblog.org/?p=81374>byRick Hasen
<http://electionlawblog.org/?author=3>
LAT editorial
<http://www.latimes.com/opinion/editorials/la-ed-0331-fec-20160331-story.html>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,federal
election commission <http://electionlawblog.org/?cat=24>
“McCain-Linked Nonprofit Received $1 Million From Saudi Arabia”
<http://electionlawblog.org/?p=81372>
Posted onMarch 31, 2016 7:04 am
<http://electionlawblog.org/?p=81372>byRick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg
<http://www.bloomberg.com/politics/articles/2016-03-31/mccain-linked-nonprofit-received-1-million-from-saudi-arabia>:
A nonprofit with ties to Senator John McCain received a $1 million
donation from the government of Saudi Arabia in 2014, according to
documents filed with the U.S. Internal Revenue Service.
The Arizona Republican has strictly honorary roles with the McCain
Institute for International Leadership, a program at Arizona State
University, and its fundraising arm, the McCain Institute
Foundation, according to his office. But McCain has appeared at
fundraising events for the institute and his Senate campaign’s
fundraiser is listed in its tax returns as the contact person for
the foundation.
Though federal law strictly bans foreign contributions to electoral
campaigns, the restriction doesn’t apply to nonprofits engaged in
policy, even those connected to a sitting lawmaker….
Foreign governments are prohibited from financing candidate
campaigns and political parties,” Craig Holman, the government
affairs lobbyist for ethics watchdog Public Citizen, said. “Funding
the lawmakers’ nonprofit organizations is the next best thing.”…
Holman said that the Clinton Foundation, whose top donors include
Australia, Norway, Saudi Arabia and Sweden, may have started the
trend of foreign governments donating to nonprofits connected to
political figures.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>,tax law and election law
<http://electionlawblog.org/?cat=22>
“Maryland Senate candidates spar over super PACs in latest debate”
<http://electionlawblog.org/?p=81370>
Posted onMarch 31, 2016 7:01 am
<http://electionlawblog.org/?p=81370>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo
<https://www.washingtonpost.com/local/md-politics/md-senate-candidates-spar-over-super-pacs-in-latest-debate/2016/03/29/3f262a32-f5ca-11e5-a3ce-f06b5ba21f33_story.html>:
Reps. Donna F. Edwards and Chris Van Hollen clashed Tuesday over the
role of super PACs in their hard-fought Democratic primary race for
a rare open Senate seat in Maryland.
At a debate televised by WJLA (Channel 7), Van Hollen attacked
Edwards for refusing last summer to sign a pledge barring super PAC
involvement in the contest and again urged her to sign it — even
though outside groups made possible by the Supreme Court’s
2010/Citizens United/decision have spent heavily on behalf of both
candidate
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Arizona’s primary was an utter disaster. But was it just a big
mistake, or something more nefarious?”
<http://electionlawblog.org/?p=81367>
Posted onMarch 31, 2016 6:55 am
<http://electionlawblog.org/?p=81367>byRick Hasen
<http://electionlawblog.org/?author=3>
Amber Phillips
<https://www.washingtonpost.com/news/the-fix/wp/2016/03/31/arizonas-primary-was-an-utter-disaster-but-was-it-just-a-big-mistake-or-something-more-nefarious/>for
The Fix.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Testing Territorial Limits; A crop of court cases could change the
relationship between the United States and its territories.”
<http://electionlawblog.org/?p=81365>
Posted onMarch 31, 2016 6:48 am
<http://electionlawblog.org/?p=81365>byRick Hasen
<http://electionlawblog.org/?author=3>
Vann
Newkirk<http://www.theatlantic.com/politics/archive/2016/03/territorial-limits/475935/>in
The Atlantic.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
Barney Frank Attacks Lack of Democracy in Caucus System
<http://electionlawblog.org/?p=81362>
Posted onMarch 30, 2016 7:51 pm
<http://electionlawblog.org/?p=81362>byRick Hasen
<http://electionlawblog.org/?author=3>
Slate:
<http://www.slate.com/articles/news_and_politics/interrogation/2016/03/barney_frank_is_not_impressed_by_bernie_sanders.html>
*Isaac Chotiner: What do you make of Bernie Sanders’ success thus
far, even if he is likely to come up short in terms of delegates?*
Barney Frank: Remember he’s way behind not just in delegates but in
votes.
*Yeah I know, but still—*
It’s ironic that we complain about voter suppression and shortened
voting times and then we have so many caucuses. The caucuses are the
least democratic political operation in America. They cater to the
people who have a lot of time on their hands, and what’s interesting
is Sanders is the nominee of the caucuses and Hillary is the nominee
of the primaries.
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Posted inpolitical parties
<http://electionlawblog.org/?cat=25>,primaries
<http://electionlawblog.org/?cat=32>
“Judge: Gyrocopter pilot can’t join campaign finance protest march
to Washington” <http://electionlawblog.org/?p=81360>
Posted onMarch 30, 2016 7:42 pm
<http://electionlawblog.org/?p=81360>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo
<https://www.washingtonpost.com/politics/judge-gyrocopter-pilot-cant-join-campaign-finance-protest-march-to-washington/2016/03/30/e393cc4a-f6c5-11e5-8b23-538270a1ca31_story.html>:
The man who landed a gyrocopter on the lawn of the U.S. Capitol last
year was denied permission to join a campaign finance protest march
from Philadelphia to Washington before his April 13 sentencing by a
federal judge who cited the risk the pilot could join in civil
disobedience.
U.S. District Judge Colleen Kollar-Kotelly of the District noted
Wednesday that it did not appear that D.C. police have issued a
permit for what organizers with the group 99Rise called a “Democracy
Spring” march, featuring Douglas Hughes, 62, of Ruskin, Fla..
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Posted insocial media and social protests
<http://electionlawblog.org/?cat=58>
“Justices Struggle With Key Issues in Iowa Voting Rights Case”
<http://electionlawblog.org/?p=81358>
Posted onMarch 30, 2016 6:22 pm
<http://electionlawblog.org/?p=81358>byRick Hasen
<http://electionlawblog.org/?author=3>
ABC News
<http://abcnews.go.com/Politics/wireStory/justices-struggle-key-issues-iowa-voting-rights-case-38033109>:
Iowa <http://abcnews.go.com/topics/news/iowa.htm>Supreme Court
<http://abcnews.go.com/topics/news/us/supreme-court.htm>justices
struggled Wednesday with difficult legal questions in a landmark
case over whether to restore voting rights for tens of thousands of
felons.
During an hour of oral arguments, justices were divided and puzzled
over how they should interpret a provision in the Iowa Constitution
adopted in 1857 that permanently disenfranchises those convicted of
“infamous crimes.”
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Posted infelon voting <http://electionlawblog.org/?cat=66>
Nate Silver on Trumpism <http://electionlawblog.org/?p=81356>
Posted onMarch 30, 2016 6:18 pm
<http://electionlawblog.org/?p=81356>byRick Hasen
<http://electionlawblog.org/?author=3>
538
<http://fivethirtyeight.com/features/how-donald-trump-hacked-the-media/>:
That’s not the only problem. Trump also challenges the media’snotion
<http://pressthink.org/2010/11/the-view-from-nowhere-questions-and-answers/>of
what it means to be “objective.” Among other things, Trump has
frequently invokedmisogyny
<http://www.slate.com/articles/news_and_politics/politics/2016/03/donald_trump_has_one_core_philosophy_misogyny.html>andracism
<http://www.huffingtonpost.com/entry/donald-trump-racist-examples_us_56d47177e4b03260bf777e83>;
he hasfrequently lied
<http://www.factcheck.org/2015/12/the-king-of-whoppers-donald-trump/>,
and he hasrepeatedly encouraged violence against political
protesters
<http://www.nytimes.com/video/us/100000004269364/trump-and-violence.html>.
As far as we’re concerned at FiveThirtyEight, these are matters of
fact and not opinion and to describe them otherwise would make our
reporting/less/objective. Other news outlets willbend over backward
<https://twitter.com/NateSilver538/status/713416863678595076>to
avoid describing them in those terms, however.
An underappreciated problem is that Trump’s candidacy is relatively
lacking in precedent, which means we’re all trying to figure this
out as we go along. Traditional journalists have had trouble
covering Trump, but so have empirically-minded ones like us here at
FiveThirtyEight. Welaid long odds against Trump getting this far
<http://fivethirtyeight.com/features/donald-trumps-six-stages-of-doom/>,
in large part because no similar presidential candidate has done so
since primary and caucus voting became widespread in 1972.
Put another way, Trump has hacked the system andexposed the
weaknesses in American political institutions
<https://storify.com/DemFromCT/brendan-nyhan-on-the-mutifactorial-institutional-f>.
He’s uncoveredprofound flaws in the Republican Party
<http://fivethirtyeight.com/features/the-republican-party-may-be-failing/>.
He’s demonstrated that third-rail issues likeracism and nationalism
<http://fivethirtyeight.com/features/elections-podcast-racism-among-trumps-supporters/>can
still be a potent political force. He’s exploited the media’s
goodwill and taken advantage of thelack of trust
<http://fivethirtyeight.com/features/why-donald-trump/>the American
public has in journalism. Trump may go away — he’snot yet assured
<http://fivethirtyeight.com/features/will-donald-trump-clinch-the-republican-nomination-before-the-convention/>of
winning the GOP nomination, and he’ll be an underdog in November if
he does — but the problems he’s exposed were years in the making,
and they’ll take years to sort out.
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“A Feisty Jewish Judge Fights Her Way Through a Bitter Race in
Wisconsin” <http://electionlawblog.org/?p=81354>
Posted onMarch 30, 2016 2:55 pm
<http://electionlawblog.org/?p=81354>byRick Hasen
<http://electionlawblog.org/?author=3>
The Forward
<http://forward.com/news/337283/a-feisty-jewish-judge-fights-her-way-through-a-bitter-race-in-wisconsin/>on
JoAnne Kloppenburg.
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Posted injudicial elections <http://electionlawblog.org/?cat=19>
WI Eye on Lobbying <http://electionlawblog.org/?p=81352>
Posted onMarch 30, 2016 2:53 pm
<http://electionlawblog.org/?p=81352>byRick Hasen
<http://electionlawblog.org/?author=3>
Molly Nagappala:
I am the Ethics and Lobbying Specialist at the Wisconsin Government
Accountability Board. I read with interest your recent post
regarding the policy paper “Post-Map-Ask: Towards a More Democratic,
Modern Lobbying Process” by Lee Drutman and Christine Mahoney. What
Drutman and Mahoney propose sounds strikingly similar to Wisconsin’s
internet destination for state-level lobbying information:Eye On
Lobbying <https://lobbying.wi.gov/Home/Welcome?session=2015REG>.
Originally launched in 2002, then relaunched in fall 2012, Eye On
Lobbying provides a one-stop destination for all lobbyists and
lobbying organizations that do business in Wisconsin. Pursuant
toChapter 13 of the Wisconsin Statutes
<https://docs.legis.wisconsin.gov/statutes/statutes/13/III/61>, such
organizations register through the website and use it throughout the
Legislature’s two-year session to report on their activities.
Wisconsin is unique in itsrequirement
<https://docs.legis.wisconsin.gov/statutes/statutes/13/III/67?view=section>that
principals report all initial communications on any given
legislative or administrative rulemaking matter within 15 days,
allowing a valuable real-time view into legislative lobbying
activity. Legislators, legislative aides, and state agency officials
report relying heavily upon Eye On Lobbying’s data at committee
hearings, votes, and debates. Local media, too,frequently
<http://mediatrackers.org/wisconsin/2015/10/14/woodmans-market-used-oppose-minimum-markup-law>cite
<http://host.madison.com/wsj/sports/recreation/outdoors/patrick-durkin-state-legislators-should-be-careful-what-they-wish/article_f9dbc3f0-62f2-52dd-8b1b-96a9095c2066.html>Eye
On Lobbying as their source for stories on the machinations behind
particular legislation at our state Capitol.
Eye On Lobbying does not accomplish everything that Drutman and
Mahoney recommend – it is a state agency-run website built and
maintained with limited funds. The site does, however, succeed in
bringing lobbying players large (Wisconsin Manufacturers and
Commerce
<https://lobbying.wi.gov/Who/PrincipalInformation/2015REG/Information/6186?tab=Profile>)
and small (Wisconsin Paralyzed Veterans of America
<https://lobbying.wi.gov/Who/PrincipalInformation/2015REG/Information/6860?tab=Efforts>)
to a level playing field wherein their positions are allowed an
equal hearing. We rarely experience pushback of any kind from
individuals in the lobbying community who would wish to be less
transparent about their activities; on the contrary, the community
has largely embraced the system and many principals go above and
beyond minimum reporting requirements by choosing to submit memos
andposition papers
<https://lobbying.wi.gov/What/BillInformation/2015REG/Information/12072?tab=Principals>on
matters in which they have an interest.
*Molly Nagappala*
Lobbying & Ethics Specialist
Government Accountability Board
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Posted inlobbying <http://electionlawblog.org/?cat=28>
Texas Gets an Extra Week to File Its 5th Circuit En Banc Brief in
Voter ID Case <http://electionlawblog.org/?p=81350>
Posted onMarch 30, 2016 2:51 pm
<http://electionlawblog.org/?p=81350>byRick Hasen
<http://electionlawblog.org/?author=3>
Here is a link to theorder
<http://www.campaignlegalcenter.org/sites/default/files/Order%20granting%20in%20part%20TX%27s%20motion%20for%20extension.pdf>.
Share
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>,Voting Rights Act
<http://electionlawblog.org/?cat=15>
“Dude—I’m Way Too Depressed About the Future to Vote”
<http://electionlawblog.org/?p=81348>
Posted onMarch 30, 2016 2:49 pm
<http://electionlawblog.org/?p=81348>byRick Hasen
<http://electionlawblog.org/?author=3>
That–depressingly—is the lead story inthis month’s issue
<http://www.ncsl.org/research/elections-and-campaigns/the-canvass-march-2016.aspx>of
NCSL’s “The Canvass.”
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“What if eight justices must decide election?”
<http://electionlawblog.org/?p=81346>
Posted onMarch 30, 2016 2:48 pm
<http://electionlawblog.org/?p=81346>byRick Hasen
<http://electionlawblog.org/?author=3>
Josh Douglas
<http://www.courier-journal.com/story/opinion/2016/03/30/what-if-eight-justices-must-decide-election/82429970/>:
Nov. 9, the day after the election, and we do not yet know the
winner of the presidential race. Worse still, the outcome will turn
on a ballot-counting dispute in one state. A lawsuit is filed, and
the courts are enmeshed in an election law contest. It’s/Bush v.
Gore/round two:/Trump v. Clinton/. The case reaches the Supreme Court.
Do we want to take the chance of having an even number of justices
deciding that dispute, hoping that the court will not deadlock 4-4?
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>,The Voting
Wars <http://electionlawblog.org/?cat=60>
“National Popular Vote Totals in Republican and Democratic Contests”
<http://electionlawblog.org/?p=81344>
Posted onMarch 30, 2016 2:44 pm
<http://electionlawblog.org/?p=81344>byRick Hasen
<http://electionlawblog.org/?author=3>
Rob Richie
<http://www.fairvote.org/national_popular_vote_totals_in_republican_and_democratic_contests>:
Our updated blog
<http://www.fairvote.org/why_nearly_a_fifth_of_arizona_gop_voters_were_disenfranchised_by_early_voting_and_how_to_fix_it> on
the more than 600,000 votes cast for withdrawn candidates includes a
spreadsheet
<https://docs.google.com/spreadsheets/d/1uayHHRfD-4iqrha52NGMvgOmrqQ5LqrX3Oihl109Ea0/edit#gid=294132556> where
we show the total votes earned by all the Republican and Democratic
candidates for president. Given that many states held lower turnout
caucuses and how some of those states (such as the Democratic
caucuses in Iowa) don’t report popular vote totals, it’s not a truly
fair way to measure relative strength of candidates, but it’s still
instructive about where things stand.
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“Corporations Grow Nervous About Participating in Republican
Convention” <http://electionlawblog.org/?p=81342>
Posted onMarch 30, 2016 10:14 am
<http://electionlawblog.org/?p=81342>byRick Hasen
<http://electionlawblog.org/?author=3>
Yeah, we sawthis
<http://www.nytimes.com/2016/03/31/us/politics/donald-trump-republican-national-convention.html?smid=tw-share>coming:
Some of the country’s best-known corporations are nervously
grappling with what role they should play at
theRepublican<http://www.nytimes.com/topic/subject/republican-national-convention>N
<http://www.nytimes.com/topic/subject/republican-national-convention>ational
C
<http://www.nytimes.com/topic/subject/republican-national-convention>onvention
<http://www.nytimes.com/topic/subject/republican-national-convention>,
given the likely nomination ofDonald J. Trump
<http://www.nytimes.com/interactive/2016/us/elections/donald-trump-on-the-issues.html?inline=nyt-per>,
whose divisive candidacy has alienated many women, African-Americans
and Hispanics.
An array of activist groups is organizing a campaign to pressure the
companies to refuse to sponsor the gathering, which many of the
corporations have done for both the Republican and Democratic
parties for decades.
The pressure is emerging as some businesses and trade groups are
already privately debating whether to scale back their
participation, according to interviews with more than a dozen
lobbyists, consultants and fund-raisers directly involved in the
conversations.
Apple, Google and Walmart are among the companies assessing their
plans for the convention, which will be held in Cleveland from July
18 through July 21.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
--
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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