[EL] ELB News and Commentary 5/13/16
Rick Hasen
rhasen at law.uci.edu
Fri May 13 07:45:43 PDT 2016
“With Bob McDonnell Appeal, SCOTUS Can Clarify Line Between Politics
and Crime” <http://electionlawblog.org/?p=82739>
Posted onMay 13, 2016 7:41 am
<http://electionlawblog.org/?p=82739>byRick Hasen
<http://electionlawblog.org/?author=3>
I have writtenthis oped
<http://www.nationallawjournal.com/id=1202757547658/With-Bob-McDonnell-Appeal-SCOTUS-Can-Clarify-Line-Between-Politics-and-Crime?cmp=share_twitter>for
the National Law Journal. It begins:
You don’t have to be a lover of the U.S. Supreme Court’s
noxious/Citizens United v. FEC/case to be troubled by the corruption
prosecution of Virginia governor Bob McDonnell. And if the Supreme
Court rules in his favor in his appeal, it’s not likely to open the
door up to “legalized corruption.” Instead, a ruling for McDonnell
can be an important step to avoid the unfortunate criminalization of
ordinary politics and prevent what appears to be unjustified
prosecutions of John Edwards, Tom DeLay, former Alabama Governor Don
Siegelman and others. We need to use other levers to stop
politicians from selling access to the highest bidder….
It concludes:
A court ruling for McDonnell will not legalize corruption, asJeffrey
Toobin
<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.newyorker.com_news_daily-2Dcomment_the-2Dsupreme-2Dcourt-2Dgets-2Dready-2Dto-2Dlegalize-2Dcorruption&d=DQMDaQ&c=RAhzPLrCAq19eJdrcQiUVEwFYoMRqGDAXQ_puw5tYjg&r=z5u3mYs2IBA70RvKORXpCG810817uPwdZNEHRluuZO4&m=AJdfxrmz27JwELpjtrCygcnYX5xmDGURQE7zd-ElMkw&s=_wP7Tbr-jvGbWoXXJzI4StZatpmL6CK4s_8vSs7sGaI&e=> andZephyr
Teachout
<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.nytimes.com_2016_04_29_opinion_theres-2Dno-2Dsuch-2Dthing-2Das-2Da-2Dfree-2Drolex.html-3F-5Fr-3D0&d=DQMDaQ&c=RAhzPLrCAq19eJdrcQiUVEwFYoMRqGDAXQ_puw5tYjg&r=z5u3mYs2IBA70RvKORXpCG810817uPwdZNEHRluuZO4&m=AJdfxrmz27JwELpjtrCygcnYX5xmDGURQE7zd-ElMkw&s=sh1bjnpkSq5M10RGGknGrXTo8Ytx_fWHSIt3OK8ndyE&e=> have
both charged. McDonnell’s conduct could easily be made illegal by
Virginia and should be (if it is not now already illegal). A Supreme
Court ruling that the federal law under which McDonnell was
prosecuted is unconstitutionally vague would not open the floodgates
of corruption. It would still be a crime to exchange a Rolex or
something else of value for an attempt to influence a government
decision. If the government can prove that McDonnell actually
pressured Virginia officials to do something for Williams or his
company in exchange for the gifts McDonnell received, that would
still count as bribery.
And how then to deal with the problem of the sale of access? Would a
ruling in McDonnell’s favor allow for politicians to set a price for
access to such officials?
Aside from having strong gift bans and ethics rules, we need tighter
campaign finance rules. The court needs to go back and
visit/Citizens United/itself. In that case, Justice Anthony Kennedy
wrote for a conservative Supreme Court majority that ingratiation
and access are not corruption. Even if Kennedy is right that the
sale of access itself is not corruption, it can still facilitate
corruption, and sensible limits on money in politics are a less
Draconian way than throwing people in jail to deal with the problem.
McDonnell’s conduct is odious. But if we threw all politicians who
do odious things in jail we’d need to build more jails. Let’s save
the jails for politicians who cross a clear line by using their
power to influence government decision-making.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery
<http://electionlawblog.org/?cat=12>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Calling it ‘disgusting,’ congressional candidate renounces
fundraising” <http://electionlawblog.org/?p=82737>
Posted onMay 13, 2016 7:36 am
<http://electionlawblog.org/?p=82737>byRick Hasen
<http://electionlawblog.org/?author=3>
Marc Caputo
<http://www.capitalnewyork.com/article/florida/2016/05/8599095/calling-it-disgusting-congressional-candidate-renounces-fundraising>:
Congressional campaign fundraising is such a “disgusting and
appalling” process that multimillionaire Randy Perkins won’t hit up
contributors anymore and is refunding donations to anyone who asks,
he told POLITICO Florida.
But Perkins, a Democrat who raised more than $2.7 million since
November, said he met unexpected resistance when he offered to
return donor money: Many didn’t want it back.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Trump’s about-face on fund-raising seems unlikely to dent his
popularity” <http://electionlawblog.org/?p=82735>
Posted onMay 13, 2016 7:33 am
<http://electionlawblog.org/?p=82735>byRick Hasen
<http://electionlawblog.org/?author=3>
Reuters
<http://www.reuters.com/article/us-usa-election-trump-fundraising-idUSKCN0Y416N?feedType=RSS&feedName=politicsNews&utm_source=Twitter&utm_medium=Social>:
Supporters of billionaire Donald Trump appear unfazed by his
decision to accept money from outside donors, despite his earlier
vow to self-fund his presidential campaign and his criticism of
rivals as puppets of wealthy special interests.
The vow has been a cornerstone of Trump’s election strategy to
present himself as an outsider who is not in the pocket of rich
donors, even though he has accepted more than $12 million in
contributions so far. The strategy paid off last week when the New
York businessman emerged as the Republican party’s presumptive
presidential nominee, after sweeping a series of state nominating
contests.
Since then, Trump has said he would no longer self-finance and would
work with the party to raise more than $1 billion to help him fight
his eventual Democratic Party challenger. Critics accused him of
flip flopping, but some supporters don’t agree.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Ethics officials propose $80,000 fine against former Sen. Tony
Strickland for alleged campaign violations”
<http://electionlawblog.org/?p=82733>
Posted onMay 13, 2016 7:29 am
<http://electionlawblog.org/?p=82733>byRick Hasen
<http://electionlawblog.org/?author=3>
LAT
<http://www.latimes.com/politics/la-pol-sac-essential-poli-ethics-officials-propose-80000-fine-against-form-1462824733-htmlstory.html>:
California enforcement officials are proposing $80,000 in ethics
fines against former state Sen. Tony Strickland (R-Camarillo).
The punishment is for allegedly aiding three supporters in
disguising that they were the true source of contributions to
Strickland’s unsuccessful 2010 campaign for state controller.
Strickland is chair of a pro-Trump Super PAC.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Trump Campaign Could Use New Donations to Pay Donald Trump $36M for
Loan” <http://electionlawblog.org/?p=82731>
Posted onMay 13, 2016 7:13 am
<http://electionlawblog.org/?p=82731>byRick Hasen
<http://electionlawblog.org/?author=3>
Ari Melber
<http://www.nbcnews.com/politics/2016-election/trump-campaign-may-use-new-donations-pay-donald-trump-36-n573291>for
NBC News.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Baltimore has long history of election problems”
<http://electionlawblog.org/?p=82729>
Posted onMay 13, 2016 7:08 am
<http://electionlawblog.org/?p=82729>byRick Hasen
<http://electionlawblog.org/?author=3>
The Baltimore Sun reports.
<http://www.baltimoresun.com/news/maryland/baltimore-city/bs-md-ci-past-elections-20160512-story.html>
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“Denied Pro Bono Help, Wisconsin Prosecutors Appeal Campaign Finance
Ruling” <http://electionlawblog.org/?p=82727>
Posted onMay 13, 2016 7:06 am
<http://electionlawblog.org/?p=82727>byRick Hasen
<http://electionlawblog.org/?author=3>
Marcia Coyle:
<http://www.nationallawjournal.com/supremecourtbrief/id=1202757435016/Denied-Pro-Bono-Help-Wisconsin-Prosecutors-Appeal-Campaign-Finance-Ruling?mcode=1202615432992&curindex=2&curpage=ALL>
he U.S. Supreme Court petition was extraordinary—so heavily redacted
that even parts of the question presented to the justices could not
be read. Still, in an election year in which money is flowing like
Niagara Falls, the petition raised compelling issues of campaign
finance law and judicial ethics.
The high court on May 19 is scheduled to consider three prosecutors’
motion to file a petition under seal in/Chisholm v. Two Unnamed
Petitioners/—with redacted copies for the public. Thanks to an
unnamed party, theredacted petition
<https://www.scribd.com/doc/310939038/John-Doe-Cert-Redacted>is
already available online.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,judicial
elections <http://electionlawblog.org/?cat=19>,Supreme Court
<http://electionlawblog.org/?cat=29>
“Renewed Republican Redistricting Revenge! Arizona Legislature Using
Budgetary Power To Possibly Limit Map Defense”
<http://electionlawblog.org/?p=82725>
Posted onMay 12, 2016 5:05 pm
<http://electionlawblog.org/?p=82725>byRick Hasen
<http://electionlawblog.org/?author=3>
Arizona’s Politics
<http://arizonaspolitics.blogspot.com/2016/05/renewed-republican-redistricting.html>:
In the wake of two GOP defeats at the U.S. Supreme Court,
Republicans at the Arizona Legislature are using their budgetary
powers to sweep $695,000 from the Arizona Independent Redistricting
Commission (“AIRC”). The funds were to be used in defending a state
court action brought by key Republican lawmakers (and others) as
that case heads towards trial next year.
Arizona Governor DougDucey signed a new budget
<http://bit.ly/27bt5Lq> into law yesterday. It contains $1.1M for
the entire Independent Redistricting Commission budget. That amount
is not enough to cover the expected legal expenses for the/Leach
v. Arizona Independent Redistricting Commission/case, which has
already cost taxpayers $1.5M.
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Posted inredistricting <http://electionlawblog.org/?cat=6>
“Will Missouri Be the Next State with a Voter ID Law?”
<http://electionlawblog.org/?p=82723>
Posted onMay 12, 2016 2:14 pm
<http://electionlawblog.org/?p=82723>byRick Hasen
<http://electionlawblog.org/?author=3>
Frontline reports.
<http://www.pbs.org/wgbh/frontline/article/will-missouri-be-the-next-state-with-a-voter-id-law/>
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“State Senate suspends rule barring political fundraising during
budget season” <http://electionlawblog.org/?p=82721>
Posted onMay 12, 2016 2:00 pm
<http://electionlawblog.org/?p=82721>byRick Hasen
<http://electionlawblog.org/?author=3>
LAT:
<http://www.latimes.com/politics/la-pol-sac-essential-poli-state-senate-suspends-rule-barring-political-fundr-1463075678-htmlstory.html>
The state Senate on Thursday voted to rescind a rule prohibiting
campaign fundraising during the budget season after Senate President
Pro Tem Kevin de León (D-Los Angeles) said it is giving an unfair
advantage to moneyed special interests opposing incumbents.
The vote was 24-8 to suspend rules that were adopted two years ago
as part of an effort by the Senate to regain public trust after
three of its members were charged with crimes. The suspension is in
effect for this legislative year.
Classy.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“News Analysis: Rights restoration on the rise; Restoration of
voting rights for ex-felons grows, gets easier”
<http://electionlawblog.org/?p=82719>
Posted onMay 12, 2016 1:31 pm
<http://electionlawblog.org/?p=82719>byRick Hasen
<http://electionlawblog.org/?author=3>
That’s the lead story in this week’sElectionline Weekly.
<http://www.electionline.org/index.php/electionline-weekly>
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Posted infelon voting <http://electionlawblog.org/?cat=66>
“News media give free ride to anti-Donald Trump video”
<http://electionlawblog.org/?p=82717>
Posted onMay 12, 2016 1:29 pm
<http://electionlawblog.org/?p=82717>byRick Hasen
<http://electionlawblog.org/?author=3>
CPI:
<https://www.publicintegrity.org/2016/05/12/19677/news-media-give-free-ride-anti-donald-trump-video>
Eerie sounds. Thudding piano notes. Rapid-fire clips ofDonald Trump
<https://www.publicintegrity.org/2015/06/16/17488/9-things-know-about-donald-trump>making
disparaging remarks about women.
This minute-long takedown looks like apolitical ad
<https://archive.org/details/PolAd_DonaldTrump_9o8w9>.
It/sounds/like a political ad. But according to the pro-Hillary
Clinton
<https://www.publicintegrity.org/2015/04/12/17107/12-things-know-about-hillary-clinton>super
PAC sponsoring it, this is not an ad. It’s simply a “Web video” —
and one exempt from the kinds of public disclosures applied to paid
political communications broadcast over the airwaves.
So, what’s this “Web video
<https://www.youtube.com/watch?v=k6vMGqX58Ww>” doing on television?
The stinging anti-Trump attack, created by pro-Clintonhybrid super
PAC
<https://www.publicintegrity.org/2015/02/01/16682/hybrid-pacs-generating-few-greenbacks>Correct
the Record, aired nationally numerous times this week on network
news programs, including those on Fox News and CNN. It even earned
“breaking news” billing on “CNN Tonight with Don Lemon,” garnering a
20-minute dissection by Lemon, chief political correspondent Dana
Bash and various political pundits.
What’s notable about this anti-Trump Web video — indistinguishable
in production quality from thehundreds of thousands of political ads
<https://www.publicintegrity.org/2016/01/21/19164/tracking-tv-ads-2016-presidential-race>blanketing
U.S. airwaves — is that Correct the Record is getting its airtime
for free via these news programs, instead of paying to air them
during commercial breaks. Correct the Record therefore avoids the
five-figure costs typical to reserve such an ad spot.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Maryland decertifies Baltimore election results, investigates
irregularities” <http://electionlawblog.org/?p=82715>
Posted onMay 12, 2016 12:15 pm
<http://electionlawblog.org/?p=82715>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo
<https://www.washingtonpost.com/local/md-politics/maryland-decertifies-baltimore-election-results-investigates-irregularities/2016/05/12/fca6e128-1861-11e6-9e16-2e5a123aac62_story.html?tid=sm_tw>:
Maryland state elections officials have ordered that the results of
Baltimore’s recent city elections be decertified following criticism
from watchdogs and candidates who say the polling process was flawed.
State Elections Administrator Linda Lamone said the number of
ballots cast in the April 26 primary was hundreds more than the
number of voters who checked in at polling places. The state also
identified 80 provisional ballots that hadn’t been considered.
“It’s important every ballot is counted,” said Lamone.
Lamone said she suspects that discrepancy in votes is a result of
election judges prematurely scanning provisional ballots, which are
available to people who show up at precincts and whose names do not
appear on registered voting lists.
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Posted inelection administration <http://electionlawblog.org/?cat=18>
“After Citizens United, a surge in ‘dark money’ groups”
<http://electionlawblog.org/?p=82713>
Posted onMay 12, 2016 12:00 pm
<http://electionlawblog.org/?p=82713>byRick Hasen
<http://electionlawblog.org/?author=3>
MapLight
<http://maplight.org/content/after-citizens-united-a-surge-in-%E2%80%9Cdark-money%E2%80%9D-groups>:
In 1939, the Internal Revenue Service granted tax-exempt status to a
group that had been active in New York City politics for years. The
agency determined thatThe Citizens Union of the City of New York
<http://www.citizensunion.org/home>earned its status as a social
welfare organization, because its primary purpose was furthering the
common good.
Over the next seven decades, the IRS would grant tax-exempt status
to 1,551 politically active social welfare organizations – hardly a
flood of activity among the nearly 1.6 million U.S. charities.
The floodgates opened in 2010, when the U.S. Supreme Court issued
itsCitizens United ruling
<https://www.oyez.org/cases/2008/08-205?page=10>, allowing
corporations to spend unlimited amounts of money on ads and other
efforts to influence voters. More than half of all politically
active social welfare organizations – 60 percent — have been created
since then, a MapLight analysis found.
Unlike candidate, party, and political action committees, these
nonprofits, known as 501(c)(4) groups by their tax code designation,
are not required to reveal their donors. They have proliferated –
and their role in elections has increased — as Congress has
effectively prevented the IRS from regulating their political activity.
In December, the Republican-controlled Congresspassed a spending
bill
<http://docs.house.gov/billsthisweek/20151214/CPRT-114-HPRT-RU00-SAHR2029-AMNT1final.pdf>prohibiting
the tax agency from issuing new rules or enforcing existing
regulations pertaining to these groups during the 2016 fiscal year.
These restrictions expire on September 30, making it unlikely the
IRS will regulate the political activities of 501(c)(4) groups
during the 2016 elections.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,tax law
and election law <http://electionlawblog.org/?cat=22>
“Report: Voter ID caused some problems, mostly in student areas, on
election day” <http://electionlawblog.org/?p=82711>
Posted onMay 12, 2016 11:58 am
<http://electionlawblog.org/?p=82711>byRick Hasen
<http://electionlawblog.org/?author=3>
Madison.com:
<http://host.madison.com/news/local/govt-and-politics/report-voter-id-caused-some-problems-mostly-in-student-areas/article_86675bc7-7b8d-5525-bd3d-4bd2f45a5675.html?utm_medium=social&utm_source=twitter&utm_campaign=user-share>
Wisconsin’s new voter ID law caused few problems for most voters,
though it had “significant impact” in student-heavy areas, according
to a new report.
The report from the League of Women Voters of Wisconsin also found
confusion among poll workers and voters about acceptable documents
for same-day voter registration.
“The new laws at least cause confusion, and at worst are misapplied
by election officials and prevent eligible citizens from voting,”
the report states.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“Representativeness and Motivations of the Contemporary Donorate:
Results from Merged Survey and Administrative Records”
<http://electionlawblog.org/?p=82709>
Posted onMay 12, 2016 8:19 am
<http://electionlawblog.org/?p=82709>byRick Hasen
<http://electionlawblog.org/?author=3>
Seth Hill and Gregory Huber have writtenthis article
<http://link.springer.com/article/10.1007/s11109-016-9343-y>for
/Political Behavior/. Here is the abstract:
Only a small portion of Americans make campaign donations, yet
because ambitious politicians need these resources, this group may
be particularly important for shaping political outcomes. We
investigate the characteristics and motivations of
the/donorate/using a novel dataset that combines administrative
records of two types of political participation, contributing and
voting, with a rich set of survey variables. These merged
observations allow us to examine differences in demographics,
validated voting, and ideology across subgroups of the population
and to evaluate the motivations of those who donate. We find that in
both parties donors are consistently and notably divergent from
non-donors to a larger degree than voters are divergent from
non-voters. Of great interest, in both parties donors are more
ideologically extreme than other partisans, including primary
voters. With respect to why individuals contribute, we show that
donors appear responsive to their perception of the stakes in the
election. We also present evidence that inferences about donor
ideology derived from the candidates donors give to may not closely
reflect the within-party policy ideology of those donors. Overall,
our results suggest that donations are a way for citizens motivated
by the perceived stakes of elections to increase their participation
beyond solely turning out.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Blaming the Chief Justice” <http://electionlawblog.org/?p=82706>
Posted onMay 12, 2016 7:04 am
<http://electionlawblog.org/?p=82706>byRick Hasen
<http://electionlawblog.org/?author=3>
Fascinating Linda
Greenhouse<http://www.nytimes.com/2016/05/12/opinion/blaming-the-chief-justice.html?_r=0>in
the NYT:
Do you hold Chief Justice John G. Roberts Jr. responsible for the
ascendancy of Donald Trump? The thought never crossed your mind?
Then you probably haven’t been reading the conservative blogosphere,
where Chief Justice Roberts, target of bitter criticism for his
failure to vote to dismantle the Affordable Care Act, is now being
blamed in some quarters for Donald Trump as well.
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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
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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