[EL] ELB News and Commentary 5/26/16

Rick Hasen rhasen at law.uci.edu
Thu May 26 08:06:23 PDT 2016 

    “Democrats Prepare Major Campaign Finance Reform Push”
    <http://electionlawblog.org/?p=83163>

Posted onMay 26, 2016 8:03 am 
<http://electionlawblog.org/?p=83163>byRick Hasen 
<http://electionlawblog.org/?author=3>

National Journal: 
<https://www.nationaljournal.com/s/626969?unlock=MTDA7Y1PDQGR5XWN>

    It will of­fer Demo­crats, who are fight­ing to win back the Sen­ate
    ma­jor­ity, a way to put Re­pub­lic­ans on the de­fens­ive
    polit­ic­ally over the role of money in polit­ics. The pack­age
    could also be a pre­view of what Demo­crats—led by Schu­mer—hope to
    do if they do cap­ture con­trol of the Sen­ate.

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


    “U.S. Supreme Court allows secret debate in John Doe filing”
    <http://electionlawblog.org/?p=83161>

Posted onMay 26, 2016 7:53 am 
<http://electionlawblog.org/?p=83161>byRick Hasen 
<http://electionlawblog.org/?author=3>

Milwaukee Journal-Sentinel 
<http://www.jsonline.com/news/statepolitics/us-supreme-court-allows-secret-debate-in-john-doe-filing-b99730443z1-380515721.html>:

    The U.S. Supreme Court for now is allowing arguments partly in
    secret in a case over whether the high court should hear a dispute
    over the shutdown of an investigation into Gov. Scott Walker’s
    campaign and conservative groups backing him.

    In an order Monday, the court said
    <http://www.supremecourt.gov/orders/courtorders/052316zor_d18e.pdf>the
    justices would accept filings made under seal and release copies to
    the public with parts redacted, a practice that would be similar to
    what happened in other state and federal courts.

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


    “New Report Examines Election Funding In California, Across The
    Nation” <http://electionlawblog.org/?p=83159>

Posted onMay 26, 2016 7:47 am 
<http://electionlawblog.org/?p=83159>byRick Hasen 
<http://electionlawblog.org/?author=3>

Doug Chapin 
<http://editions.lib.umn.edu/electionacademy/2016/05/26/new-report-examines-election-funding-in-california-across-the-nation/>:

California Forward has a new report that looks at election funding 
models across the nation and makes recommendations about how those 
lessons might apply in the Golden State. From therelease 
<http://www.cafwd.org/reporting/entry-new/ca-fwd-report-outlines-plan-to-improve-how-california-pays-for-elections>:

    /California should develop a new way to pay for elections
    administration that can control costs, improve voting systems and
    evolve the tension-filled relationship between state and county
    governments into a cooperative partnership, according to a new
    analysis by California Forward./

    /The analysis, titled “Investing in California’s Democracy: Building
    a Partnership for Performance
    <http://www.cafwd.org/pages/investing-in-democracy>,” calls for
    replacing the antiquated “mandate reimbursement” process with a
    state contribution for the costs associated with the election of
    state officials and statewide ballot measures. The analysis
    concluded that most states share directly in these costs, and
    provides options for doing so./

    /The analysis also identified a powerful opportunity to structure
    the state’s contribution as an incentive for counties to improve
    their operations and reinvest savings in new technologies that can
    reduce costs and improve the voter experience./

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


    “Ohio Governor Poised To Make Voters Pay To Keep Polls Open Late”
    <http://electionlawblog.org/?p=83157>

Posted onMay 26, 2016 7:46 am 
<http://electionlawblog.org/?p=83157>byRick Hasen 
<http://electionlawblog.org/?author=3>

Think Progress: 
<http://thinkprogress.org/politics/2016/05/26/3781780/ohio-voting-cash-bond/>

    Republican lawmakers in Ohio approved a bill late Wednesday night
    that would force residents toput up a cash bond
    <http://thinkprogress.org/politics/2016/04/18/3770390/ohio-pay-for-polls/>when
    they petition a court extend voting hours during an election day
    emergency, such as a natural disaster. If Gov. John Kasich (R) signs
    the bill, Ohio could become the first state in the nation to make
    voters risk losing tens of thousands of dollars of their own money
    when making the case for keeping the polls open a few extra hours.

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


    “Pillar of Law Files Lawsuit for Convention Delegates’ Rights to
    Free Speech” <http://electionlawblog.org/?p=83155>

Posted onMay 26, 2016 7:44 am 
<http://electionlawblog.org/?p=83155>byRick Hasen 
<http://electionlawblog.org/?author=3>

Release 
<https://www.pillaroflaw.org/index.php/blog/entry/pillar-of-law-files-lawsuit-for-convention-delegates-rights-to-free-speech>:

    The Pillar of Law Institute filed alawsuit
    <https://www.pillaroflaw.org/images/PDFs/PillarFECComplaint.pdf>in
    Wyoming federal court today, challenging a law that prohibits
    delegates to political party conventions from accepting books,
    travel stipends, and legal assistance from non-profits.

    “For the upcoming Republican Convention, delegates could receive
    unlimited money from individual donors, but could not accept even
    books or a travel stipend from organizations like Pillar,” said
    Benjamin Barr, lead counsel in the case. “Federal election law
    actually bans the distribution of books to delegates because it
    deems them corrupting.  This is not just fundamentally unfair; it is
    also unconstitutional.”

    The Pillar of Law Institute is a non-profit public interest law firm
    that focuses on free speech and campaign finance law. It would like
    to provide books to convention delegates that discuss delegates’
    rights and free speech, but is prohibited from giving “anything of
    value” by the corporate ban. Pillar is joined in the lawsuit by two
    unnamed Republican delegates who would like to speak out about
    delegate autonomy at the convention and receive assistance against
    any legal threats that they might face.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns 
<http://electionlawblog.org/?cat=59>,political parties 
<http://electionlawblog.org/?cat=25>,primaries 
<http://electionlawblog.org/?cat=32>


    “Unbound: The Conscience of a Republican Delegate”
    <http://electionlawblog.org/?p=83153>

Posted onMay 26, 2016 7:39 am 
<http://electionlawblog.org/?p=83153>byRick Hasen 
<http://electionlawblog.org/?author=3>

Sean Parnell and Curly Haugland have writtenthis 
book<http://citizensinchargefoundation.org/unbound>(available as a free 
download through the Citizens in Charge Foundation). It makes the case 
that all delegates to the Republican National Convention are free to 
vote their conscience under Rule 37(b) of the what are now the temporary 
rules.

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Posted inpolitical parties 
<http://electionlawblog.org/?cat=25>,primaries 
<http://electionlawblog.org/?cat=32>


    It’s Baaaack…. <http://electionlawblog.org/?p=83151>

Posted onMay 26, 2016 7:33 am 
<http://electionlawblog.org/?p=83151>byRick Hasen 
<http://electionlawblog.org/?author=3>

Eric Brown’s Political Activity Law, 
<http://politicalactivitylaw.com/2016/05/26/thurs-5-26-political-law-links/>which 
was one of my morning must-reads before it went on hiatus.

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


    “State Witness: Voter ID Law Is ‘Fairly Restrictive'”
    <http://electionlawblog.org/?p=83148>

Posted onMay 25, 2016 5:11 pm 
<http://electionlawblog.org/?p=83148>byRick Hasen 
<http://electionlawblog.org/?author=3>

Wisconsin Public Radio reports. 
<http://www.wpr.org/state-witness-voter-id-law-fairly-restrictive?utm_content=bufferfb832&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer>

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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>,Voting Rights Act 
<http://electionlawblog.org/?cat=15>


    Litigants in NC Voting Case Move for 4th Circuit Stay and Injunction
    Pending Appeal <http://electionlawblog.org/?p=83146>

Posted onMay 25, 2016 3:59 pm 
<http://electionlawblog.org/?p=83146>byRick Hasen 
<http://electionlawblog.org/?author=3>

This applies 
<http://www.politico.com/f/?id=00000154-ea1e-d60c-afd7-ff7fa7d00000>to 
some of North Carolina’s voting law, including same day voter 
registration, but not the voter ID requirement or the loss of 
pre-registration of 16- and 17-year-olds. The state has indicated it 
will oppose and the United States will support the motion. (h/tJosh 
Gerstein <https://twitter.com/joshgerstein/status/735605166267891713>).

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


    “Democrats win voting lawsuit in Ohio, key to Trump map”
    <http://electionlawblog.org/?p=83144>

Posted onMay 25, 2016 3:27 pm 
<http://electionlawblog.org/?p=83144>byRick Hasen 
<http://electionlawblog.org/?author=3>

CNN reports. 
<http://www.cnn.com/2016/05/25/politics/ohio-early-voting-lawsuit-trump-democrats/>

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


    “McAuliffe lawyer: Virginia governor did nothing wrong.”
    <http://electionlawblog.org/?p=83142>

Posted onMay 25, 2016 2:31 pm 
<http://electionlawblog.org/?p=83142>byRick Hasen 
<http://electionlawblog.org/?author=3>

WaPo: 
<https://www.washingtonpost.com/local/virginia-politics/mcauliffe-lawyer-governor-did-nothing-wrong/2016/05/25/afdd2db8-228c-11e6-9e7f-57890b612299_story.html?postshare=9631464210151442&tid=ss_tw>

    Federal authorities are investigating whether Gov. Terry McAuliffe
    (D) violated an obscure statute prohibiting U.S. citizens from
    lobbying the U.S. government on behalf of foreign governments, the
    governor’s lawyer said.

    Attorney James W. Cooper said the Justice Department and the FBI
    will find no evidence of wrongdoing by McAuliffe, despite probing
    his personal finances dating back at least a decade before he became
    governor.

    Federal investigators “for whatever reason” became interested in
    McAuliffe’s foreign sources of income from a period before he
    entered public office, Cooper told The Washington Post in a phone
    interview Wednesday. “And that is the predicate for continuing their
    investigation,” he said.

    “All of this income is from the governor’s time as a private citizen
    and businessman, who did deals that were well publicized around the
    world. So the fact that he had foreign income was not remarkable,”
    Cooper said.

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


    Why There’s Not More Pressure to Confirm Merrick Garland to #SCOTUS,
    in Two Charts <http://electionlawblog.org/?p=83138>

Posted onMay 25, 2016 1:49 pm 
<http://electionlawblog.org/?p=83138>byRick Hasen 
<http://electionlawblog.org/?author=3>

Via NBC New 
<http://www.nbcnews.com/politics/first-read/poll-californians-rank-economy-top-issue-primary-n579591>s, 
look at the priorities of Democrats vs. Republicans:

dems <http://electionlawblog.org/wp-content/uploads/dems.png>

reps <http://electionlawblog.org/wp-content/uploads/reps.png>

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Posted inSupreme Court <http://electionlawblog.org/?cat=29>


    “Book Review: Dark Money and Plutocrats United”
    <http://electionlawblog.org/?p=83136>

Posted onMay 25, 2016 1:40 pm 
<http://electionlawblog.org/?p=83136>byRick Hasen 
<http://electionlawblog.org/?author=3>

Bill Maurer reviews 
<http://www.fed-soc.org/publications/detail/book-review-dark-money-and-plutocrats-united>my 
book and Jane Mayer’s book for The Federalist Society:

    Nonetheless, Mayer’s/Dark Money: The Hidden History of the
    Billionaires Behind the Radical Right/and Hasen’s/Plutocrats United:
    Campaign Money, the Supreme Court, and the Distortion of American
    Elections/—both published in the thick of the 2016 election—are
    aimed directly at the issue.^^[3]
    <http://www.fed-soc.org/publications/detail/book-review-dark-money-and-plutocrats-united#_ftn3>One
    of these books is a valuable contribution that addresses the history
    of campaign finance law, the constitutional issues involved in
    regulating political spending, and the difficulty of creating
    policies that allow all Americans a voice while protecting free
    speech. The other is not.

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


    “Two Myths About the Unruly American Primary System”
    <http://electionlawblog.org/?p=83131>

Posted onMay 25, 2016 12:38 pm 
<http://electionlawblog.org/?p=83131>byRichard Pildes 
<http://electionlawblog.org/?author=7>

I published a longishessay 
<https://www.washingtonpost.com/news/monkey-cage/wp/2016/05/25/two-myths-about-the-unruly-american-primary-system/>with 
that title today in the Washington Post, at the excellent Monkey Cage 
blog. Here are a few excerpts:

    Many Americans will be surprised to learn that few democracies give
    primary elections a dominant role in selecting their parties’
    nominees for the country’s highest office. In most systems, elected
    party members take a major role in choosing or filtering potential
    candidates. . . .

    But starting in the 1970s, the United States stumbled — and I do
    mean stumbled — into a system that eliminated any meaningful role
    for party figures. Instead, unmediated popular participation,
    through caucuses and primary elections, came to control the way we
    choose presidential nominees.

    That uniquely populist system, which we now take for granted, has
    culminated in our current, stunning moment. Two essentially
    freelance, independent political figures — Donald Trump and Bernie
    Sanders — will either represent, or come surprisingly close to
    representing, the nation’s two major parties in the 2016 election.

The piece then explores the history of the presidential nomination 
process to explain how we got to our current moment, with the aim of 
exposing two conventional but false stories about that history.

First, the system that we used for most of the 20th century, until the 
1970s, was not the party-boss controlled system with little popular 
input that it’s often portrayed as being.  Instead, that system involved 
a mix of primary elections and institutional party input.  As I put it:

    In this mixed system, the popular primaries and the party leaders
    checked and balanced each other’s influence. No committee designed
    the system in a single moment to create the “perfect” mix of popular
    and party roles; as often happens with democratic institutions, the
    system emerged from competing pressures over time.

    Nonetheless, primaries kept the system from being too closed.
    “Outsiders” could challenge existing party hierarchy and orthodoxy
    and force the parties to remain responsive, at least up to a point.
    Meanwhile, the institutional party figures had incentives to put
    their weight behind candidates likely to hold the party’s factions
    together, run a competitive election, govern effectively and reflect
    the party’s general ideology.

Second, while it is widely known that this system was transformed almost 
overnight in the 1970s to our current primary-election dominated system, 
what is much less well known is that the post-1968 reforms 
were/not/designed to create such a populist system.  Instead, that 
system came about/despite/the effort of these reformers to preserve an 
important institutional role for the parties.  The piece describes some 
of the causes that nonetheless radically transformed our nomination 
process into the most highly populist one among the major, established 
democracies.  The piece concludes:

    Despite its accidental birth, that’s the origin of the populist,
    primary-dominated system we have today — a system that has virtually
    eliminated any filtering or mediating role for the institutional
    party and made our current moment possible. As this “modern” system
    was taking shape, leading political scientistswarned
    <http://www.amazon.com/Strategies-American-Electoral-Presidential-Elections/dp/B007ZL90BM>that
    it:

    might lead to the appearance of extremist candidates and demagogues,
    who unrestrained by allegiance to any permanent party organization,
    would have little to lose by stirring up mass hatreds or making
    absurd promises.

As today’s New York Timesstory 
<http://mobile.nytimes.com/2016/05/25/us/politics/republican-primary-schedule.html>already 
notes, once the fall election is over — and depending on the outcome — 
there are likely to be major controversies between those who will seek 
to recapture more of a role for the institutional party in controlling 
who its nominees are and those who will seek to push the system along 
even more participatory and populist lines.

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Posted inpolitical parties <http://electionlawblog.org/?cat=25>


    “Virginia governor: Feds have found no wrongdoing”
    <http://electionlawblog.org/?p=83129>

Posted onMay 25, 2016 9:20 am 
<http://electionlawblog.org/?p=83129>byRick Hasen 
<http://electionlawblog.org/?author=3>

AP: 
<http://bigstory.ap.org/article/4b84f430313044699f3a9b5f58cf3366/virginia-governor-i-followed-law-accepting-donations>

    Virginia Gov. Terry McAuliffe said Wednesday that federal
    investigators looking at donations to his 2013 campaign have told
    his attorney there’s no indication he did anything wrong.

    The governor said on a WTOP radio program that his attorney reached
    out to federal prosecutors following reports that McAuliffe is a
    subject of a federal investigation.

    “My lawyer reached out to the Justice Department, and asked if
    they’ve had any indication of any wrongdoing on my part, and the
    answer was no,” McAuliffe said.

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


    “Inquiry Highlights Terry McAuliffe’s Ties to Chinese Company”
    <http://electionlawblog.org/?p=83127>

Posted onMay 25, 2016 8:53 am 
<http://electionlawblog.org/?p=83127>byRick Hasen 
<http://electionlawblog.org/?author=3>

NYT 
<http://www.nytimes.com/2016/05/25/us/politics/terry-mcauliffe-wang-wenliang.html?ref=politics&_r=0>:

    Four years ago, one of China’s largest agricultural importers sent
    representatives to theDemocratic National Convention
    <http://topics.nytimes.com/top/reference/timestopics/subjects/d/democratic_national_convention/index.html?inline=nyt-org&version=meter+at+5&module=meter-Links&pgtype=article&contentId=&mediaId=&referrer=http%3A%2F%2Fwww.nytimes.com%2Fpages%2Fpolitics%2Findex.html%3Faction%3Dclick%26region%3DMasthead%26pgtype%3DHomepage%26module%3DSectionsNav%26version%3DBrowseTree%26contentCollection%3DPolitics%26contentPlacement%3D2%26t%3Dqry325&priority=true&action=click&contentCollection=meter-links-click>in
    Charlotte, N.C., hoping that meetings with elite party officials
    might yield business opportunities. The company, the Dandong Port
    Group, was particularly focused on the governors in attendance,
    according to an interview with Dandong’s general counsel broadcast
    by Chinese state television.

    “If you really want to influence, let’s say, U.S.-China policy,”he
    said
    <https://youtu.be/OiZm2hIMDs4?version=meter+at+5&module=meter-Links&pgtype=article&contentId=&mediaId=&referrer=http%3A%2F%2Fwww.nytimes.com%2Fpages%2Fpolitics%2Findex.html%3Faction%3Dclick%26region%3DMasthead%26pgtype%3DHomepage%26module%3DSectionsNav%26version%3DBrowseTree%26contentCollection%3DPolitics%26contentPlacement%3D2%26t%3Dqry325&priority=true&action=click&contentCollection=meter-links-click>,
    “it’s almost worth it to have emphasis and influence on the state
    level.”

    The meetings, arranged by a former South Carolina governor, marked a
    period of expansion in the United States for Dandong and its
    affiliated companies, involving negotiations with officials in
    Washington, Arkansas, South Carolina and Virginia. But now, the
    company’s widening influence is coming under scrutiny by federal
    prosecutors, who are examining the relationship between Dandong’s
    wealthy and connected chairman, Wang Wenliang, and Gov.Terry
    McAuliffe
    <http://topics.nytimes.com/top/reference/timestopics/people/m/terry_mcauliffe/index.html?inline=nyt-per&version=meter+at+5&module=meter-Links&pgtype=article&contentId=&mediaId=&referrer=http%3A%2F%2Fwww.nytimes.com%2Fpages%2Fpolitics%2Findex.html%3Faction%3Dclick%26region%3DMasthead%26pgtype%3DHomepage%26module%3DSectionsNav%26version%3DBrowseTree%26contentCollection%3DPolitics%26contentPlacement%3D2%26t%3Dqry325&priority=true&action=click&contentCollection=meter-links-click>of
    Virginia, a Democrat who was elected in 2013.

    A federal law enforcement official said the inquiry included
    $120,000 in contributions that a New Jersey construction firm
    controlled by Mr. Wang made to Mr. McAuliffe’s 2013 campaign and
    inaugural committee. That official and a second law enforcement
    official, both of whom asked for anonymity to discuss the matter,
    said it was a preliminary inquiry of Mr. McAuliffe’s campaign
    donations, and they provided no detail about the nature and scope of
    any potential violations being scrutinized.

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


    “McAuliffe in ‘shock’ over FBI investigation of campaign money,
    personal finances” <http://electionlawblog.org/?p=83125>

Posted onMay 25, 2016 8:38 am 
<http://electionlawblog.org/?p=83125>byRick Hasen 
<http://electionlawblog.org/?author=3>

WaPo reports. 
<https://www.washingtonpost.com/local/virginia-politics/mcauliffe-in-shock-over-fbi-investigation-of-campaign-money-personal-finances/2016/05/24/d5b8e362-21b8-11e6-9e7f-57890b612299_story.html>

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<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D83125&title=%26%238220%3BMcAuliffe%20in%20%E2%80%98shock%E2%80%99%20over%20FBI%20investigation%20of%20campaign%20money%2C%20personal%20finances%26%238221%3B&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery 
<http://electionlawblog.org/?cat=12>


    “Top GOP financiers coalescing around Trump-RNC fundraising effort”
    <http://electionlawblog.org/?p=83123>

Posted onMay 25, 2016 8:36 am 
<http://electionlawblog.org/?p=83123>byRick Hasen 
<http://electionlawblog.org/?author=3>

Matea Gold 
<https://www.washingtonpost.com/news/post-politics/wp/2016/05/24/top-gop-financiers-coalescing-around-trump-rnc-fundraising-effort/>for 
WaPo.

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


    “Waukesha county clerk: Weekend voting gave ‘too much access’ to
    Milwaukee, Madison” <http://electionlawblog.org/?p=83121>

Posted onMay 25, 2016 8:33 am 
<http://electionlawblog.org/?p=83121>byRick Hasen 
<http://electionlawblog.org/?author=3>

Yeesh! God forbid people of color and poor people living in Wisconsin 
cities have easy access 
<http://chippewa.com/news/state-and-regional/waukesha-county-clerk-weekend-voting-gave-too-much-access-to/article_6702283a-306e-5b8f-a4da-0f7432ac2ea2.html>to 
the ballot.

    Ozaukee County as a whole is about 95 percent white and neighboring
    Waukesha County is about 94 percent white. With Washington County —
    96 percent white — they make up the state’sdeep-red “WOW counties.”
    <https://law.marquette.edu/assets/marquette-lawyers/pdf/marquette-lawyer/2014-fall/2014-fall-p08.pdf>The
    deeply conservative counties form an arc around Democratic Milwaukee
    County, which is 65 percent white.

    Novack said she believes eliminating weekend voting “level(s) the
    playing field” between large urban areas and smaller suburban and
    rural communities that lack the resources to staff weekend hours.

    “If there’s an office open 30 days versus an office that’s only open
    10 work days, there are obviously voters that have a lot more access
    than someone else,” Novack said. “There has to come a point where
    it’s just giving over-access … to particular parts of the state.”

    Asked whether she thought voters in Milwaukee and Madison —
    communities that previously used weekend voting — had too much
    access, Novack said, “too much access to the voters as far as
    opportunities.”

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


-- 
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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