[EL] ELB News and Commentary 5/16/16

[Rick Hasen]

    “Courts may play pivotal role on voting rights in 2016 election”
    <http://electionlawblog.org/?p=82791>

Posted onMay 16, 2016 8:04 am 
<http://electionlawblog.org/?p=82791>byRick Hasen 
<http://electionlawblog.org/?author=3>

Richard Wolf in USA Today 
<http://www.usatoday.com/story/news/politics/elections/2016/05/15/voting-rights-election-lawsuits-supreme-court-democrats-republicans/84151084/>:

    The Supreme Court decided a presidential election 16 years ago based
    on how votes were counted. This year, a shorthanded court seeking to
    avoid the limelight may help decide who can vote in the first place.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,Supreme Court 
<http://electionlawblog.org/?cat=29>,The Voting Wars 
<http://electionlawblog.org/?cat=60>


    “Donald Trump Wouldn’t Have Had the Ready Cash to Self-Finance
    Entire Campaign — Analysis” <http://electionlawblog.org/?p=82789>

Posted onMay 16, 2016 8:03 am 
<http://electionlawblog.org/?p=82789>byRick Hasen 
<http://electionlawblog.org/?author=3>

WSJ reports. 
<http://www.wsj.com/articles/self-financing-campaign-all-the-way-would-have-been-a-stretch-for-trump-1463341722>

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>


    “Kris Kobach is a big fraud on Kansas voter fraud”
    <http://electionlawblog.org/?p=82787>

Posted onMay 16, 2016 7:56 am 
<http://electionlawblog.org/?p=82787>byRick Hasen 
<http://electionlawblog.org/?author=3>

Kansas City Star editorial: 
<http://www.kansascity.com/opinion/editorials/article77519827.html>

    Secretary of State Kris Kobach warned Kansas lawmakers last year
    that he knew ofat least 18 suspected
    cases<http://www.cnsnews.com/news/article/prosecutors-question-kobach-claims-voter-fraud-kansas>of
    double voting in recent elections.

    /Wait, make that 100 cases!/

    Kobach threw out these wild claims as he successfully pressed the
    Legislature to make him theonly secretary of state in the
    nation<http://www.thenation.com/article/voter-fraud-witch-hunt-kansas/>with
    the power to prosecute in these matters.

    It was all part of Kobach’s continued loathsome attacks on U.S.
    immigration policy. He knew he could score political points with
    many Kansans by promising to stop “illegal” voters from canceling
    out the votes of red-blooded Americans.

    But now Kobach has been exposed as a big fraud on the issue of voter
    fraud, whichstudies have
    found<https://www.washingtonpost.com/news/wonk/wp/2014/08/06/a-comprehensive-investigation-of-voter-impersonation-finds-31-credible-incidents-out-of-one-billion-ballots-cast/?tid=a_inl>to
    be almost nonexistent in America.

    Since the law took effect July 1, 2015, the publicity-seeking Kobach
    had filed a puny half-dozen cases by early May.

    One case against an older Johnson County woman totally embarrassed
    the usually cocksure Kobach. He had tomeekly dismiss
    it<http://www.kansascity.com/news/politics-government/article70875682.html>days
    before it was to go to trial in April.

    In the four cases he has won, Kobach went aftermen 60 years or older
    <http://www.kansas.com/news/local/crime/article75545277.html>who
    double-voted. None showed any intent to game the system. All were
    convicted of misdemeanors and paid modest fines.

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Posted infraudulent fraud squad <http://electionlawblog.org/?cat=8>


    “Court hearing begins on Wisconsin election-law changes”
    <http://electionlawblog.org/?p=82785>

Posted onMay 16, 2016 7:53 am 
<http://electionlawblog.org/?p=82785>byRick Hasen 
<http://electionlawblog.org/?author=3>

WSAU 
<http://wsau.com/news/articles/2016/may/16/court-hearing-begins-on-wisconsin-election-law-changes/>:

    A court hearing that challenges changes to Wisconsin election laws
    begins today in federal court in Madison.

    Judge James Peterson will hear testimony over the next week in a
    case brought to Citizen Action of Wisconsin and the One Wisconsin
    Institute. They claim new voter ID requirements and limiting early
    voting hours constitute an illegal burden to minorities, young
    people, the elderly, and the poor.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,voter id 
<http://electionlawblog.org/?cat=9>


    Are Kochs Doing Less National Politics to Protect Their Business
    Interests? <http://electionlawblog.org/?p=82783>

Posted onMay 16, 2016 7:45 am 
<http://electionlawblog.org/?p=82783>byRick Hasen 
<http://electionlawblog.org/?author=3>

This National Review piece 
<http://www.nationalreview.com/article/435418/koch-brothers-campaign-activity-slows>reporting 
on internal Koch deliberations flips the conventional wisdom on the left 
(that Koch spending benefits Koch business) on its head.

Share 
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D82783&title=Are%20Kochs%20Doing%20Less%20National%20Politics%20to%20Protect%20Their%20Business%20Interests%3F&description=%E2%80%9CCourts%20may%20play%20pivotal%20role%20on%20voting%20rights%20in%202016%20election%E2%80%9D%0APosted%20on%20May%2016%2C%202016%208%3A04%20am%20by%20Rick%20Hasen%0ARichard%20Wolf%20in%20USA%20Today%3A%0A%0AThe%20Supreme%20Court%20decided%20a%20presidential%20election%2016%20years%20ago%20based%20on%20how%20votes%20were%20counted.%20This%20year%2C%20a%20shorthanded%20court%20seeking%20to%20avoid%20the%20limelight%20may%20help%20decide%20who%20can%20vote%20in%20the%20first%20place.%0A%0A%C2%A0%0A%0A%0APosted%20in%20election%20administration%2C%20Supreme%20Court%2C%20The%20Voting%20Wars%0A%E2%80%9CDonald%20Trump%20Wouldn%E2%80%99t%20Have%20Had%20the%20Ready%20Cash%20to%20Self-Finance%20Entire%20Campaign%20%E2%80%94%20Analysis%E2%80%9D%0APosted%20on%20May%2016%2C%202016%208%3A03%20am%20by%20Rick%20Hasen%0AWSJ%20reports.%0A%0A%0APosted%20in%20campaign%20finance%2C%20campaigns%0A%E2%80%9CKris%20Kobach%20is%20a%20big%20fraud%20on%20Kansas%20voter%20fraud%E2%80%9D%0APosted%20on%20May%2016%2C%202016%207%3A56%20am%20by%20Rick%20Hasen%0AKansas%20City%20Star%20editorial%3A%0A%0ASecretary%20of%20State%20Kris%20Kobach%20warned%20Kansas%20lawmakers%20last%20year%20that%20he%20knew%20of%20at%20least%2018%20suspected%20cases%20of%20double%20voting%20in%20recent%20elections.%0A%0AWait%2C%20make%20that%20100%20cases%21%0A%0AKobach%20threw%20out%20these%20wild%20claims%20as%20he%20successfully%20pressed%20the%20Legislature%20to%20make%20him%20the%20only%20secretary%20of%20state%20in%20the%20nation%20with%20the%20power%20to%20prosecute%20in%20these%20matters.%0A%0AIt%20was%20all%20part%20of%20Kobach%E2%80%99s%20continued%20loathsome%20attacks%20on%20U.S.%20immigration%20policy.%20He%20knew%20he%20could%20score%20political%20points%20with%20many%20Kansans%20by%20promising%20to%20stop%20%E2%80%9Cillegal%E2%80%9D%20voters%20from%20canceling%20out%20the%20votes%20of%20red-blooded%20Americans.%0A%0ABut%20now%20Kobach%20has%20been%20exposed%20as%20a%20big%20fraud%20on%20the%20issue%20of%20voter%20fraud%2C%20which%20studies%20have%20found%20to%20be%20almost%20nonexistent%20in%20America.%0A%0ASince%20the%20law%20took%20effect%20July%201%2C%202015%2C%20the%20publicity-seeking%20Kobach%20had%20filed%20a%20puny%20half-dozen%20cases%20by%20early%20May.%0A%0AOne%20case%20against%20an%20older%20Johnson%20County%20woman%20totally%20embarrassed%20the%20usually%20cocksure%20Kobach.%20He%20had%20to%20meekly%20dismiss%20it%20days%20before%20it%20was%20to%20go%20to%20trial%20in%20April.%0A%0AIn%20the%20four%20cases%20he%20has%20won%2C%20Kobach%20went%20after%20men%2060%20years%20or%20older%20who%20double-voted.%20None%20showed%20any%20intent%20to%20game%20the%20system.%20All%20were%20convicted%20of%20misdemeanors%20and%20paid%20modest%20fines.%0A%0A%0APosted%20in%20fraudulent%20fraud%20squad%0A%E2%80%9CCourt%20hearing%20begins%20on%20Wisconsin%20election-law%20changes%E2%80%9D%0APosted%20on%20May%2016%2C%202016%207%3A53%20am%20by%20Rick%20Hasen%0AWSAU%3A%0A%0AA%20court%20hearing%20that%20challenges%20changes%20to%20Wisconsin%20election%20laws%20begins%20today%20in%20federal%20court%20in%20Madison.%0A%0AJudge%20James%20Peterson%20will%20hear%20testimony%20over%20the%20next%20week%20in%20a%20case%20brought%20to%20Citizen%20Action%20of%20Wisconsin%20and%20the%20One%20Wisconsin%20Institute.%20They%20claim%20new%20voter%20ID%20requirements%20and%20limiting%20early%20voting%20hours%20constitute%20an%20illegal%20burden%20to%20minorities%2C%20young%20people%2C%20the%20elderly%2C%20and%20the%20poor.%0A%0A%0APosted%20in%20election%20administration%2C%20The%20Voting%20Wars%2C%20voter%20id%0AAre%20Kochs%20Doing%20Less%20National%20Politics%20to%20Protect%20Their%20Business%20Interests%3F%0APosted%20on%20May%2016%2C%202016%207%3A45%20am%20by%20Rick%20Hasen%0AThis%20National%20Review%20piece%20reporting%20on%20internal%20Koch%20deliberations%20flips%20the%20conventional%20wisdom%20on%20the%20left%20%28that%20Koch%20spending%20benefits>
Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>


    “Billionaires lining up for Trump aren’t sure where to send their
    money” <http://electionlawblog.org/?p=82781>

Posted onMay 16, 2016 7:42 am 
<http://electionlawblog.org/?p=82781>byRick Hasen 
<http://electionlawblog.org/?author=3>

WaPo: 
<https://www.washingtonpost.com/politics/billionaires-lining-up-for-trump-arent-sure-where-to-send-their-money/2016/05/15/aa7896e2-1953-11e6-9e16-2e5a123aac62_story.html>

    The lack of a major super PAC vehicle is a source of concern among
    top Trump advisers, some of whom have reached out to experienced
    strategists in recent weeks to gauge their interest in launching a
    new entity, according to multiple people familiar with the
    conversations. Such outreach is potentially risky, since federal law
    prohibits a candidate’s agent from establishing a super PAC.

    As of Feb. 29, super PACs have spent more than $226 million on the
    2016 races. Here’s what a super PAC can (and can’t) legally do.
    (Sarah Parnass/The Washington Post)

    When asked if he was aware of such talks, Trump campaign manager
    Corey Lewandowski did not respond directly, writing in an email,
    “Mr. Trump continues to disavow all Super PAC’s.”

    That unequivocal statement probably will further confuse major
    donors, who interpreted Trump’ssoftening rhetoric
    <https://www.washingtonpost.com/politics/trump-turns-to-general-election--and-away-from-past-positions/2016/05/05/22fc6fa6-12d5-11e6-81b4-581a5c4c42df_story.html?tid=a_inl>on
    super PACs in recent media interviews as a sign that he was open to
    their support. (“I know that people maybe like me and they form a
    super PAC, but I have nothing to do with it,” he told NBC last
    week.) On Saturday night,
    Trumpretweeted<https://twitter.com/realDonaldTrump/status/731666958979112960>a
    link to a New York
    Timesreport<http://www.nytimes.com/2016/05/14/us/politics/sheldon-adelson-donald-trump.html?ref=politics&_r=0>that
    Adelson is willing to spend as much as $100 million to boost his bid.

    Senior Republican strategists think that it would be extremely
    difficult for Trump to be competitive in the general election
    without the help of a well-financed outside operation. Trump is just
    now assembling a fundraising team to try to raise $1 billion for his
    campaign and for the Republican Party in five months, a steep goal.

Share 
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>


    “RNC chair says third-party bid would be ‘suicide mission’ for U.S.”
    <http://electionlawblog.org/?p=82779>

Posted onMay 16, 2016 7:40 am 
<http://electionlawblog.org/?p=82779>byRick Hasen 
<http://electionlawblog.org/?author=3>

WaPo reports. 
<https://www.washingtonpost.com/news/post-politics/wp/2016/05/15/rnc-chair-says-third-party-bid-would-be-suicide-mission-for-u-s/>

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Posted inUncategorized <http://electionlawblog.org/?cat=1>


    “Stevens says Supreme Court decision on voter ID was correct, but
    maybe not right” <http://electionlawblog.org/?p=82777>

Posted onMay 16, 2016 7:36 am 
<http://electionlawblog.org/?p=82777>byRick Hasen 
<http://electionlawblog.org/?author=3>

Bob Barnes 
<https://www.washingtonpost.com/politics/courts_law/stevens-says-supreme-court-decision-on-voter-id-was-correct-but-maybe-not-right/2016/05/15/9683c51c-193f-11e6-9e16-2e5a123aac62_story.html>for 
WaPo:

    Stevens,who was joined
    <http://www.supremecourt.gov/opinions/07pdf/07-21.pdf>by Chief
    Justice John G. Roberts Jr. and Justice Anthony M. Kennedy,
    mentioned a dozen times in the opinion that it was based on “the
    record” in the case.

    “I learned a lot of things outside the record that made me very
    concerned about that statute,” Stevens said in the conversation with
    Kagan and Wood. “So I had the question: Should I rely on my own
    research or what’s in the record?”

    “And I thought in that case I had a duty to confine myself to what
    the record did prove, and I thought it did not prove the plaintiffs’
    case. And as a result, we ended up with a fairly unfortunate decision.”

    Stevens alluded to his quandary in a footnote in the opinion:
    “Supposition based on extensive Internet research is not an adequate
    substitute for admissible evidence subject to cross-examination in
    constitutional adjudication.”

    In the conversation, Stevens noted that dissenting justice David H.
    Souter did not share his reluctance.

    “I thought David wrote one of his best opinions, relying partly on
    material that was outside the record,” Stevens said.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,voter id 
<http://electionlawblog.org/?cat=9>


    Columbia Law Review Symposium Honoring Peter Strauss
    <http://electionlawblog.org/?p=82775>

Posted onMay 16, 2016 7:31 am 
<http://electionlawblog.org/?p=82775>byRick Hasen 
<http://electionlawblog.org/?author=3>

Somehow I missed this 
<http://columbialawreview.org/issue/no-7/?post_type=content> excellent 
issue honoring Peter Strauss:

    Symposium in Honor of Peter L. Strauss. 115 Colum. L. Rev. 1675-2069
    (2015). [H
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    Katzmann, Hon. Robert A. Celebrating Professor Peter L. Strauss. 115
    Colum. L. Rev. 1675-1678 (2015). [H
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    Rakoff, Todd D. Peter Strauss: an introduction. 115 Colum. L. Rev.
    1679-1682 (2015). [H
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    Farina, Cynthia R. and Gillian E. Metzger. Introduction: The place
    of agencies in polarized government. 115 Colum. L. Rev. 1683-1687
    (2015). [H
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    Farina, Cynthia R. Congressional polarization: terminal
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    Metzger, Gillian E. Agencies, polarization and the states. 115
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    <http://a.next.westlaw.com/Link/Document/FullText?findType=Y&cite=115+Colum.+L.+Rev.+2019>]

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Posted inlegislation and legislatures <http://electionlawblog.org/?cat=27>


    “California November ballot will have as many as 18 measures”
    <http://electionlawblog.org/?p=82773>

Posted onMay 16, 2016 7:23 am 
<http://electionlawblog.org/?p=82773>byRick Hasen 
<http://electionlawblog.org/?author=3>

Hello ballot fatigue 
<http://www.latimes.com/politics/la-pol-ca-november-ballot-measures-20160516-snap-story.html>.

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Posted indirect democracy <http://electionlawblog.org/?cat=62>


    “Arizona attorney general won’t halt May 17 election, launches
    inquiry into pamphlet error” <http://electionlawblog.org/?p=82771>

Posted onMay 16, 2016 7:16 am 
<http://electionlawblog.org/?p=82771>byRick Hasen 
<http://electionlawblog.org/?author=3>

Arizona Republic 
<http://www.azcentral.com/story/news/politics/elections/2016/05/12/arizona-attorney-general-wont-postpone-special-election/84228960/>:

    Arizona Attorney General Mark Brnovich said Thursday that he will
    not seek a postponement of next week’s special election
    over officials’failure to distribute election pamphlets to 200,000
    Arizona households
    <http://www.azcentral.com/story/news/politics/legislature/2016/05/09/arizona-lawmakers-bill-polling-locations/84147266/>.

    But saying he’s frustrated “we can’t get things done the right way”
    when it comes to elections, Brnovich said he has launched an inquiry
    into why the error occurred and why Secretary of State Michele
    Reagan did not immediately notify the public of the problem.

    Reagan had known since April 22 that the pamphlets weren’t sent to
    some voters, but she only went public with that information in a
      May 6 media interview. The pamphlets describe**the initiatives,
    present pro and con arguments on the issues, and list where voters
    can cast their ballots.

More coverage and commentaryhere, 
<http://www.azcentral.com/story/opinion/op-ed/ej-montini/2016/05/12/montini-arizona-proposition-123-doug-ducey-mark-brnovich-arizona-legislature/84293664/> 
here 
<http://stevemuratore.blogspot.com/2016/05/az-sos-commits-election-tampering-by.html>, 
and here.

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Posted inelection administration <http://electionlawblog.org/?cat=18>


    “St. Joseph County candidate nominated by two parties for one seat”
    <http://electionlawblog.org/?p=82769>

Posted onMay 16, 2016 7:09 am 
<http://electionlawblog.org/?p=82769>byRick Hasen 
<http://electionlawblog.org/?author=3>

South Bend 
Tribune<http://www.southbendtribune.com/news/politics/st-joseph-county-candidate-nominated-by-two-parties-for-one/article_6072cc55-94b7-5db7-bc1f-5cd225364cd5.html>reports 
he may sue to keep D and R nominations.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,political 
parties <http://electionlawblog.org/?cat=25>


    “Ballot Speech” <http://electionlawblog.org/?p=82767>

Posted onMay 16, 2016 7:05 am 
<http://electionlawblog.org/?p=82767>byRick Hasen 
<http://electionlawblog.org/?author=3>

Derek Muller has postedthis draft 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2779713>on SSRN 
(forthcoming /Arizona Law Review/). Here is the abstract:

    A ballot ostensibly has a simple purpose: it is the means by which
    the state determines the winners and the losers of an election. But
    the words on the ballot have the power to influence voters. The
    ballot includes the candidate’s name, often the candidate’s party
    preference, and sometimes information about a candidate’s incumbency
    or occupation. These words are usually selected by the candidate to
    communicate information to the voter in the voting booth, but they
    are also subject to regulation by the state and potentially require
    consent from a political party. Ballots, then, include expressive
    elements, something this Article calls “ballot speech” — content
    that a candidate or party desires to communicate to voters by means
    of the ballot.

    Judicial opinions and academic commentary typically examine ballot
    speech not as speech, but principally as the incidental by-product
    of election administration, subject to regulation in a balancing of
    interests. This Article suggests that ballot speech merits a
    different, more robust defense from the whims of election
    administrators and the deference of courts. Ballot speech should
    receive protection as speech under the First Amendment, rather than
    merely one element of the free association that candidates and
    voters share at the ballot box. The ballot more closely resembles a
    nonpublic forum. And state laws that unreasonably stifle the
    expression of candidates and voters, that enhance some candidates at
    the expense of others, or that attempt to put a thumb on the scale
    of the outcome of an election, cannot stand. It is time to recognize
    this new definition of ballot speech, and to provide an appropriate
    legal framework to protect it.

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Posted incampaigns <http://electionlawblog.org/?cat=59>


    “After hefty campaign donations, Bentley benefactor gets governor’s
    support to go nuclear” <http://electionlawblog.org/?p=82765>

Posted onMay 16, 2016 7:03 am 
<http://electionlawblog.org/?p=82765>byRick Hasen 
<http://electionlawblog.org/?author=3>

The latest 
<http://www.al.com/news/index.ssf/2016/05/after_hefty_campaign_donations.html#incart_2box>from 
Alabama.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery 
<http://electionlawblog.org/?cat=12>


    New Poll Finds Wide Support for Voter ID Laws
    <http://electionlawblog.org/?p=82762>

Posted onMay 16, 2016 5:49 am 
<http://electionlawblog.org/?p=82762>byRick Hasen 
<http://electionlawblog.org/?author=3>

Quinnipiac poll: 
<https://www.qu.edu/images/polling/ps/ps05102016_Sw4b42d.pdf>

Florida voters support 77 – 20 percent, including 60 – 36 percent among 
Democrats, requiring voters to show photo ID.
[Ohio] Voters support 75 – 22 percent requiring voters to show photo ID. 
Democrats are divided with 50 percent in favor of photo ID and 48 
percent opposed.
[Pennsylvania] Voters support 64 – 34 percent requiring voters to show 
photo ID. Support is 94 – 6 percent among Republicans and 63 – 35 
percent among independent voters. Democrats are opposed 56 – 40 percent.
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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,voter id 
<http://electionlawblog.org/?cat=9>


    “How Big Business Kills Third Party Candidates”
    <http://electionlawblog.org/?p=82760>

Posted onMay 16, 2016 5:46 am 
<http://electionlawblog.org/?p=82760>byRick Hasen 
<http://electionlawblog.org/?author=3>

Lessig 
<http://www.thedailybeast.com/articles/2016/05/16/how-big-business-kills-third-party-candidates.html>:

    The law, however, permits corporations to support “nonpartisan
    activity,” so long as that activity is “designed to encourage
    individuals to vote or to register to vote.”

    The FEC has interpreted this law to permits corporate sponsorship of
    presidential candidate debates—because, in the FEC’s view, these
    debates are “nonpartisan.”
    But that is just nonsense. The Commission for Presidential Debates
    (“CPD”) may well be “bipartisan,” but it is plainly a partisan
    commission, keen to exclude anyone who doesn’t tow one of just two
    party lines.

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Posted inballot access <http://electionlawblog.org/?cat=46>,campaign 
finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>,third parties 
<http://electionlawblog.org/?cat=47>


    “Disclosure Wars, Continued: Tax Returns”
    <http://electionlawblog.org/?p=82758>

Posted onMay 16, 2016 5:44 am 
<http://electionlawblog.org/?p=82758>byRick Hasen 
<http://electionlawblog.org/?author=3>

Bauer blogs. 
<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.moresoftmoneyhardlaw.com_2016_05_disclosure-2Dwars-2Dcontinued-2Dtax-2Dreturns_&d=CwMDaQ&c=XRWvQHnpdBDRh-yzrHjqLpXuHNC_9nanQc6pPG_SpT0&r=Ut99gfJwVdJxiSTSug9WEDbMnGnMYpOw3O6kCDw94V8&m=ObI5PgcPASuXMosWUN4ghwNFUoeCNnUz_SLbpmPl4zY&s=YZT8TiL4lEbiA2kqMjyhLqvSIBB3KoKWK2IkLy6RAwk&e=>

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Posted incampaigns <http://electionlawblog.org/?cat=59>


    “Asymmetrical Polarization Undermined? Thoughts on the New Pew
    Research Center’s Report on Political Polarization”
    <http://electionlawblog.org/?p=82756>

Posted onMay 15, 2016 9:17 pm 
<http://electionlawblog.org/?p=82756>byRick Hasen 
<http://electionlawblog.org/?author=3>

Tom Mann 
<http://www.brookings.edu/blogs/fixgov/posts/2014/06/13-asymmetrical-polarization-undermined-pew-research-mann#.VzZM9Rznd64.twitter>:

    The newPew Research Center report on polarization
    <http://www.people-press.org/2014/06/12/political-polarization-in-the-american-public/>is
    a gold mine of insights into how the sharp partisan polarization, so
    pronounced in Congress and among political elites, has penetrated
    the broader public. Pew researchers trace significant increases in
    ideological consistency and partisan animosity from 1994 to 2014,
    especially pronounced among those who regularly vote and engage in
    more demanding forms of political participation. Not surprisingly,
    among citizens more generally, they find much less ideological
    consistency and partisan affect.

    Theirfindings are consistent with recent scholarship on the
    increasing ideological constraint
    <http://www.american.edu/spa/ccps/upload/ABROMOWITZThe-New-American-Electorate.pdf>among
    voters in both parties, the stronger alignment of partisanship and
    ideology, and the deeper cultural and geographical roots of the
    hyper-partisanship or tribalism in the electorate.

    The authors of the Pew report find it more difficult to deal with
    the question of whether these important changes are comparable for
    the two parties. A brief section on “Is Polarization Asymmetrical
    <http://www.people-press.org/2014/06/12/section-1-growing-ideological-consistency/#is-polarization-asymmetrical>”
    carefully navigates the treacherous waters often associated with
    this question.  They note the shift in ideological consolidation
    among Democrats between 1994 and 2014 is more pronounced than among
    Republicans, leaving today’s parties at roughly the same place. But
    they qualify that finding by also noting the sharper movement right
    among Republicans in the last decade and the fact that the
    increasing Democratic ideological consolidation is associated with a
    nationwide leftward shift in attitudes on same-sex relations and
    immigration.

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Posted inpolitical polarization <http://electionlawblog.org/?cat=68>


    “Are Plutocrats Really Uniting?” <http://electionlawblog.org/?p=82754>

Posted onMay 15, 2016 9:15 pm 
<http://electionlawblog.org/?p=82754>byRick Hasen 
<http://electionlawblog.org/?author=3>

Paul Jossey 
<http://www.campaignfreedom.org/2016/05/13/are-plutocrats-really-uniting/>:

    Theanti-First Amendment
    <http://thereplawyer.blogspot.com/2014/01/campaign-legal-center-misunderstands.html>Campaign
    Legal Center recently hosted noted election-law professor Rick Hasen
    to discuss his book ‘Plutocrats United
    <http://www.amazon.com/Plutocrats-United-Campaign-Distortion-Elections/dp/0300212453>.’
    Hasen presented the book’s reform themes of undue donor influence,
    corruption, and political inequality. And although he discredited
    standard talking points about “buying” elections, his evidence for
    the rich—the plutocrats—disproportionately influencing political
    outcomes lacks promised empirical support from one oft-cited study.

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Posted incampaign finance 
<http://electionlawblog.org/?cat=10>,Plutocrats United 
<http://electionlawblog.org/?cat=104>,Supreme Court 
<http://electionlawblog.org/?cat=29>


    Justice Stevens Reflects on Indiana Voting Case, Calls It
    “Unfortunate” <http://electionlawblog.org/?p=82752>

Posted onMay 15, 2016 9:10 pm 
<http://electionlawblog.org/?p=82752>byRick Hasen 
<http://electionlawblog.org/?author=3>

Watch 
him<http://www.c-span.org/video/?408836-1/justices-kagan-stevens-supreme-court&start=1395>at 
the 7th Circuit judicial conference with Justice Kagan and Judge Wood.

He says that he decided the case correctly on the record, but based on 
his own internet research on material outside the record he believed the 
law was likely unconstitutional. It was an “unfortunate” decision, but 
he said he had to stick with what was on the record. He said Justice 
Souter’s dissent was one of his best, but based on material outside the 
record.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,Supreme Court 
<http://electionlawblog.org/?cat=29>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,voter id 
<http://electionlawblog.org/?cat=9>


    “Senate Candidate Fails Miserably At Dodging Questions About Voter
    Fraud” <http://electionlawblog.org/?p=82750>

Posted onMay 13, 2016 1:24 pm 
<http://electionlawblog.org/?p=82750>byRick Hasen 
<http://electionlawblog.org/?author=3>

Watch this video. 
<http://www.huffingtonpost.com/entry/jon-keyser-senate-candidate-interview-michael-bennet_us_5735e76ee4b08f96c182ee9d?9hwd15scb1eswnrk9>

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Posted inchicanery <http://electionlawblog.org/?cat=12>


    “‘Self-funded’ Donald Trump preparing to seek big-donor money”
    <http://electionlawblog.org/?p=82746>

Posted onMay 13, 2016 11:39 am 
<http://electionlawblog.org/?p=82746>byRick Hasen 
<http://electionlawblog.org/?author=3>

Julie Bykowicz 
<http://bigstory.ap.org/34f1ee4e267f4bb1a7e9484a12883129>for the AP:

    The billionaire presidential candidate who prides himself on paying
    his own way and bashed his competition for relying on political
    donors now wants their money — and lots of it.

    Donald Trump, the presumptive Republican presidential nominee,
    recently hired a national finance chairman, scheduled his first
    fundraiser and is on the cusp of signing a deal with the Republican
    Party that would enable him to solicit donations of more than
    $300,000 apiece from supporters.

    His money-raising begins right away.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>


    “Mike Haas Selected as Elections Commission Administrator”
    <http://electionlawblog.org/?p=82744>

Posted onMay 13, 2016 10:05 am 
<http://electionlawblog.org/?p=82744>byRick Hasen 
<http://electionlawblog.org/?author=3>

Finally some good election news <http://www.gab.wi.gov/node/3942>out of 
Wisconsin:

    The current Members of the Wisconsin Elections Commission announced
    they have unanimously selected Michael Haas of Marshall, Wisconsin
    to serve as the Administrator of the new Wisconsin Elections
    Commission.  Haas will begin work on Thursday, June 30, 2016 when
    the Elections Commission begins operations.  Haas currently serves
    as the Elections Division Administrator for the Government
    Accountability Board.

    The four Commissioners are unanimous in their belief that they can
    best prepare for the 2016 election cycle with Mike Haas at the helm
    of the new Commission.  He currently supervises the program staff
    who will transfer to the Commission from the Government
    Accountability Board.  Mike also has a strong working relationship
    with the legal and administrative staff who will transfer to the
    Commission.  The Commissioners voted to hire Haas at a meeting Thursday.

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Posted inelection administration <http://electionlawblog.org/?cat=18>


    “CLC victory for the Public’s Right to Access information about
    Political Ads Running on Cable, Satellite and Radio”
    <http://electionlawblog.org/?p=82742>

Posted onMay 13, 2016 9:51 am 
<http://electionlawblog.org/?p=82742>byRick Hasen 
<http://electionlawblog.org/?author=3>

Press release. 
<http://www.campaignlegalcenter.org/news/press-releases/clc-victory-public-s-right-access-information-about-political-ads-running-cable>

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Posted incampaigns <http://electionlawblog.org/?cat=59>


    “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>


-- 
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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