[EL] ELB News and Commentary 5/31/16
Rick Hasen
rhasen at law.uci.edu
Tue May 31 07:39:46 PDT 2016
“Republicans Fight to Regain Voter Data Parity with Democrats”
<http://electionlawblog.org/?p=83265>
Posted onMay 31, 2016 7:38 am
<http://electionlawblog.org/?p=83265>byRick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg
<http://www.bloomberg.com/politics/articles/2016-05-31/republicans-fight-to-regain-voter-data-parity-with-democrats>:
One of the records inside a massive and rapidly growing Republican
National Committee database contains three predictive numbers about
President Barack Obama’s political leanings.
There’s a 95 percent likelihood Obama will vote in the 2016 general
election, the database predicts, based on computer modeling. It also
shows an 83 percent chance Obama will side with his party’s nominee,
while suggesting a 10 percent shot he’ll back the Republican candidate.
It’s an extreme example—Obama, a two-term Democratic president, has
repeatedly said he plans to support his party’s nominee and has been
highly critical of Donald Trump—but it illustrates how the RNC has
attached a score to each of the 192 million registered voters in
America as part of a massive push to regain parity with Democrats in
using data to win elections.
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“Jerry Brown should veto California’s misleading ‘Citizen’s United’
referendum” <http://electionlawblog.org/?p=83263>
Posted onMay 31, 2016 7:35 am
<http://electionlawblog.org/?p=83263>byRick Hasen
<http://electionlawblog.org/?author=3>
LAT editorial
<http://www.latimes.com/opinion/editorials/la-ed-citizens-united-20160529-snap-story.html>.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“With retention idea blocked, Supreme Court primary goes on”
<http://electionlawblog.org/?p=83261>
Posted onMay 31, 2016 7:29 am
<http://electionlawblog.org/?p=83261>byRick Hasen
<http://electionlawblog.org/?author=3>
AP
<http://www.the-dispatch.com/article/20160531/WIRE/160539981/1005?Title=With-retention-idea-blocked-Supreme-Court-primary-goes-on>:
There will be one race on every ballot in North Carolina’s
previously unscheduled June 7 primary because the state Supreme
Court couldn’t agree whether a law that led a colleague to seek
re-election through a new method complied with the state constitution.
Justices deadlocked 3-3 this month on a lower court ruling that
struck down the law giving Associate Justice Robert Edmunds of
Greensboro the option to run alone for a new term in November and
try to keep his job based on an up-or-down vote of support.
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Posted incampaigns <http://electionlawblog.org/?cat=59>,judicial
elections <http://electionlawblog.org/?cat=19>
“Wisconsin at vanguard of national legal fight on voter ID”
<http://electionlawblog.org/?p=83259>
Posted onMay 31, 2016 7:26 am
<http://electionlawblog.org/?p=83259>byRick Hasen
<http://electionlawblog.org/?author=3>
The Wisconsin State Journal reports.
<http://host.madison.com/wsj/news/local/govt-and-politics/wisconsin-at-vanguard-of-national-legal-fight-on-voter-id/article_8d00fba9-99d7-506e-b80c-2083a6a51730.html>
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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>
“In California, varied election filing practices reveal a system
struggling to catch up” <http://electionlawblog.org/?p=83257>
Posted onMay 31, 2016 7:25 am
<http://electionlawblog.org/?p=83257>byRick Hasen
<http://electionlawblog.org/?author=3>
LAT:
<http://www.latimes.com/politics/la-pol-ca-campaign-finance-records-stanford-university-20160530-snap-story.html>
More than half of California’s counties — most of them small and
rural — don’t provide online access to campaign finance records, and
they say they aren’t likely to change any time soon, an assessment
of county-level contribution records shows.
Only 28 of the state’s 58 counties provide campaign finance
information online. And of those, just 17 make the data available in
formats that make it easy to search and analyze the money
influencing local elections.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,election
administration <http://electionlawblog.org/?cat=18>
“For a President Trump, global real estate deals present
unprecedented gray areas” <http://electionlawblog.org/?p=83255>
Posted onMay 31, 2016 7:17 am
<http://electionlawblog.org/?p=83255>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo reports.
<https://www.washingtonpost.com/politics/for-a-president-trump-global-real-estate-deals-present-unprecedented-gray-areas/2016/05/30/beac0038-15fa-11e6-aa55-670cabef46e0_story.html>
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Posted inconflict of interest laws <http://electionlawblog.org/?cat=20>
“There’s no fun these days in Florida’s political parties”
<http://electionlawblog.org/?p=83253>
Posted onMay 31, 2016 7:16 am
<http://electionlawblog.org/?p=83253>byRick Hasen
<http://electionlawblog.org/?author=3>
Tampa Bay Times
<http://www.tampabay.com/news/politics/stateroundup/theres-no-fun-these-days-in-floridas-political-parties/2279281> report.
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Posted incampaigns <http://electionlawblog.org/?cat=59>,political
parties <http://electionlawblog.org/?cat=25>
“One of the All-Time Great Cases in Supreme Court History”
<http://electionlawblog.org/?p=83251>
Posted onMay 31, 2016 7:13 am
<http://electionlawblog.org/?p=83251>byRick Hasen
<http://electionlawblog.org/?author=3>
Mitch McConnell
<https://twitter.com/samsteinhp/status/737613217195655169>on Citizens
United.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
“Texas’s Voter ID Chicanery” <http://electionlawblog.org/?p=83249>
Posted onMay 31, 2016 7:12 am
<http://electionlawblog.org/?p=83249>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo editorial.
<https://www.washingtonpost.com/opinions/texass-voter-id-chicanery/2016/05/30/54d7cc96-2450-11e6-9e7f-57890b612299_story.html>
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“A Tale of Two Swing States” <http://electionlawblog.org/?p=83247>
Posted onMay 31, 2016 7:07 am
<http://electionlawblog.org/?p=83247>byRick Hasen
<http://electionlawblog.org/?author=3>
Must-read Ned Foley
<http://moritzlaw.osu.edu/election-law/article/?article=13253>contrasting
Ohio voting litigation with lack of such litigation thus far in Pa. Ned
is quite skeptical of the recent decision striking down the Ohio
legislature’s elimination of “Golden Week” (some for reasonsI explained
in this analysis <http://electionlawblog.org/?p=83051>).
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>
“‘Friends and family’ super PACs play big in some House races”
<http://electionlawblog.org/?p=83245>
Posted onMay 31, 2016 6:57 am
<http://electionlawblog.org/?p=83245>byRick Hasen
<http://electionlawblog.org/?author=3>
USA Today
<http://www.usatoday.com/story/news/politics/elections/2016/2016/05/30/friends-and-family-super-pacs-play-big-some-house-races/84935804/>:
A USA TODAY analysis of newly filed reports found 182 super PACs
with three or fewer donors during the 2016 election cycle. In all,
they have collected $71.6 million or nearly 10% of the $766 million
raised by all super PACs through the end of April.
The single-donor groups range from labor unions moving money into
their own super PACs to Michael Bloomberg, the billionaire former
mayor of New York City, replenishing the funds in a group he
controls, Independence USA. Bloomberg’s super PAC works to elect
candidates who share his views on gun-control, the environment,
education and gay rights.
In other cases, these PACs also amount to “friends and
family” committees, in which a spouse, parent or longtime friend
emerges as the sole funder to help elect a loved one. Super PACs
funded by just a handful of donors have been active in at least two
Maryland Houses races, for instance.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Liberals Versus Political Speech; The Left wants to put people
behind bars for expressing opinions that it doesn’t like.”
<http://electionlawblog.org/?p=83243>
Posted onMay 31, 2016 6:54 am
<http://electionlawblog.org/?p=83243>byRick Hasen
<http://electionlawblog.org/?author=3>
John McGinnis
<http://city-journal.org/html/liberals-versus-political-speech-14330.html>in
City Journal.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Big, outside money expected in Montana Supreme Court race”
<http://electionlawblog.org/?p=83241>
Posted onMay 31, 2016 6:54 am
<http://electionlawblog.org/?p=83241>byRick Hasen
<http://electionlawblog.org/?author=3>
MTN News reports.
<http://www.krtv.com/story/32082430/big-outside-money-expected-in-mt-supreme-court-race>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,judicial
elections <http://electionlawblog.org/?cat=19>
“Senators vote to keep themselves dependent on lobbyists”
<http://electionlawblog.org/?p=83239>
Posted onMay 30, 2016 7:37 pm
<http://electionlawblog.org/?p=83239>byRick Hasen
<http://electionlawblog.org/?author=3>
Lee Drutman
<http://www.vox.com/polyarchy/2016/5/27/11796292/senate-staffing>for Vox:
The Senate Appropriations Committeevoted this week
<http://www.rollcall.com/news/policy/senate-holds-line-staff-salaries>to
keep senators and their staff dependent on the expertise and
information that lobbyists provide.
Okay, let me be fair. The committee didn’t do this explicitly. But
by ignoring the need for a long-overdue increase in staff salaries
and instead“holding the line”
<http://www.rollcall.com/news/policy/senate-holds-line-staff-salaries>on
the legislative branch spending bill, the senators effectively voted
to further empower private lobbyists.
Keeping staff budgets at their low levels pretty much ensures that
staff turnover will remain high, and that the staffers who inform
and advise the senators on policy will remain younger and more
inexperienced than private lobbyists, and will be stretched far too
thin to do much of their own research.
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Posted inlegislation and legislatures
<http://electionlawblog.org/?cat=27>,lobbying
<http://electionlawblog.org/?cat=28>
“Citizens Coerced: A Legislative Fix for Workplace Political
Intimidation Post-Citizens United” <http://electionlawblog.org/?p=83237>
Posted onMay 30, 2016 5:56 pm
<http://electionlawblog.org/?p=83237>byRick Hasen
<http://electionlawblog.org/?author=3>
Alexander Hertel-Fernandez and Paul Secunda write
<http://www.uclalawreview.org/citizens-coerced-legislative-fix-workplace-political-intimidation-post-citizens-united/>for
UCLA Law Review Discourse.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
Court <http://electionlawblog.org/?cat=29>
“Television Networks Struggle to Provide Equal Airtime in the Era of
Trump” <http://electionlawblog.org/?p=83235>
Posted onMay 30, 2016 5:53 pm
<http://electionlawblog.org/?p=83235>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT
<http://www.nytimes.com/2016/05/31/business/media/television-networks-struggle-to-provide-equal-airtime-in-the-era-of-trump.html?ref=politics>:
Last week, none of the three major cable news networks — CNN, Fox
News, or MSNBC — carried Mrs. Clinton’s speech to a workers’ union
in Las Vegas, where she debuted sharp new attack lines against Mr.
Trump.
Instead, each chose to broadcast a live feed of an empty podium in
North Dakota, on a stage where Mr. Trump was about to speak.
The same discrepancy occurred earlier this month, when the cable
networks aired Mr. Trump’s address to the National Rifle Association
live from start to finish. A speech by Mrs. Clinton in Detroit days
later, to a labor union, did not receive the same coverage; all
three networks skipped the speech, with Fox News airing a
lighthearted segment about a nationwide backlog of cheese.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Rulings and Remarks Tell Divided Story of an 8-Member Supreme
Court” <http://electionlawblog.org/?p=83233>
Posted onMay 30, 2016 5:50 pm
<http://electionlawblog.org/?p=83233>byRick Hasen
<http://electionlawblog.org/?author=3>
Smart
<http://www.nytimes.com/2016/05/31/us/politics/rulings-and-remarks-tell-divided-story-of-an-8-member-supreme-court.html?ref=politics>Adam
Liptak column:
The court seems to have split into two camps, with the four justices
at its ideological center working diligently to deliver unified
opinions. The remaining members of the court seem less committed to
that project.
The recent run of rulings, accounting for more than a quarter of all
decisions in argued cases so far this term, tells the story.
The court’s most conservative members — Justices Clarence Thomas and
Samuel A. Alito Jr. — wrote eight concurrences or dissents. Its two
most liberal members — Justices Ruth Bader Ginsburg and Sonia
Sotomayor — wrote four.
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>
“Today’s Dose of Liberal Heresy: Campaign Finance Reform Isn’t That
Big a Deal” <http://electionlawblog.org/?p=83231>
Posted onMay 30, 2016 5:45 pm
<http://electionlawblog.org/?p=83231>byRick Hasen
<http://electionlawblog.org/?author=3>
Kevin Drum
<http://www.motherjones.com/kevin-drum/2016/05/todays-liberal-heresy-campaign-finance-reform-not-big-deal>for
Mother Jones.
I address similar arguments by Jonathan Bernstein and Ezra Klein in
chapter 8 ofPlutocrats United.
<http://www.amazon.com/Plutocrats-United-Campaign-Distortion-Elections/dp/0300212453/>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Trump and the Perils of Early Voting”
<http://electionlawblog.org/?p=83229>
Posted onMay 30, 2016 2:47 pm
<http://electionlawblog.org/?p=83229>byRick Hasen
<http://electionlawblog.org/?author=3>
Rob Kelner:
<https://robkelner.com/2016/05/30/trump-and-the-perils-of-early-voting/>
Over the last decade, operatives in both political parties have
quietly agitated to change state laws in order to permit early
voting. These efforts gained traction, and many states now allow
citizens to cast their vote days or weeks early. In a few states,
voting in the general election will begin this year a full six weeks
before election day. A small coterie of critics have warned that
early voting is a threat to our political system. This year may be
the year that the threat materializes, revealing the serious
unintended consequences of early voting laws.
For my own views on this question, seeThe New Conservative Assault on
Early Voting
<http://www.slate.com/articles/news_and_politics/politics/2014/02/the_new_conservative_assault_on_early_voting_more_republicans_fewer_voters.html>.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“‘You’re mistaken. I don’t have a commercial’: Record special
interest funds present an ‘awkward’ situation for state candidates”
<http://electionlawblog.org/?p=83227>
Posted onMay 30, 2016 11:48 am
<http://electionlawblog.org/?p=83227>byRick Hasen
<http://electionlawblog.org/?author=3>
LAT:
<http://www.latimes.com/politics/la-pol-sac-california-independent-spending-20160530-snap-story.html>
Independent expenditures already have cracked $24 million in the
run-up to the June 7 primary, with millions more likely to come in
over the next week. The spending has set a record and is a hefty
increase from $16.7 million spent two years ago.
The result? Voters are hearing less from the candidates they’re
electing and more from oil companies, education advocates, business
groups and labor unions.
“The candidate is not controlling the message,” said Bob Stern, an
attorney who helped write California’s campaign finance rules. “It’s
special interests trying to control the race and buy their way into
the Legislature.”
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Trump camp concedes it’s low on money”
<http://electionlawblog.org/?p=83225>
Posted onMay 28, 2016 9:20 pm
<http://electionlawblog.org/?p=83225>byRick Hasen
<http://electionlawblog.org/?author=3>
Washington Examiner:
<http://www.washingtonexaminer.com/trump-camp-concedes-its-low-on-money/article/2592501>
**The notice came when Paul Manafort, Trump’s senior advisor, met
with a group of Senate Republican chiefs of staff for lunch last
week, sources familiar with the meeting told the/Washington
Examiner/. The admission suggests that Trump will be far more
dependent on the GOP brass for money than he has led voters to
believe, but it’s consistent with his reliance on the Republican
National Committeeto provide a ground game
<http://www.washingtonexaminer.com/donald-trump-outsources-campaign-operations-to-rnc/article/2592453>in
battleground states.
“They know that they’re not going to have enough money to be on TV
in June and probably most of July, until they actually accept the
nomination and get RNC funds, so they plan to just use earned media
to compete on the airwaves,” one GOP source familiar with Manafort’s
comments told the/Examiner/.
That’s a far cry from Trump’s public insistence that he signed a
fundraising agreement with the RNC in order to help the party, not
himself.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
New CA Anti-Citizens United Ballot Measure Slightly Differernt
<http://electionlawblog.org/?p=83223>
Posted onMay 28, 2016 3:04 pm
<http://electionlawblog.org/?p=83223>byRick Hasen
<http://electionlawblog.org/?author=3>
As weawait word <http://electionlawblog.org/?p=83221>from Gov. Brown as
to whether he will sign to put this on the ballot, there’s a slight
difference in language this time around:
Now
<http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB254>the
question to the voters reads, “Shall*California’s elected
officials*use*all of their constitutional authority, including, but not
limited to*, proposing and ratifying one or more amendments to the
United States Constitution, to overturn Citizens United . . . .”
The2014 version
<http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB1272&search_keywords=>would
have posed this more limited question to the voters: “Shall*the
Congress*of the United States propose, and the California Legislature
ratify,*an amendment or amendments to the United States Constitution*to
overturn Citizens United . . . .”
So this includes calling for a constitutional convention, although the
CA legislature already did that a few years ago.
Thanks to David Ettinger for the close reading!
Share
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
“Gov. Brown to decide whether California voters will sound off in
November on money in politics” <http://electionlawblog.org/?p=83221>
Posted onMay 27, 2016 12:27 pm
<http://electionlawblog.org/?p=83221>byRick Hasen
<http://electionlawblog.org/?author=3>
LAT
<http://www.latimes.com/politics/la-pol-sac-citizens-united-november-ballot-20160527-snap-story.html>:
Lawmakers gave final approval Friday to a November ballot measure
asking voters about the growing role of undisclosed donors in
political campaigns, a non-binding anti-Citizens United measure that
now needs the signature of Gov.Jerry Brown
<http://www.latimes.com/topic/politics-government/jerry-brown-PEPLT007547-topic.html>….But
Republicans took issue with what Sen.Joel Anderson
<http://www.latimes.com/topic/politics-government/government/joel-anderson-PEPLT00008195-topic.html>(R-Alpine)
described as nothing more than placing a “public opinion poll” on
the ballot. And critics in 2014 accused legislative Democrats of
trying to boost turnout among the party faithful.
Seemy earlier LA Times oped
<http://www.latimes.com/opinion/op-ed/la-oe-0106-hasen-constitutional-convention-campaign-finance-20160106-story.html>on
why I might vote for this misguided ballot measure if it is on the ballot.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“The Obama Administration Is Using Racist Court Rulings to Deny
Citizenship to 55,000 People” <http://electionlawblog.org/?p=83219>
Posted onMay 27, 2016 12:19 pm
<http://electionlawblog.org/?p=83219>byRick Hasen
<http://electionlawblog.org/?author=3>
Pema Levy
<http://www.motherjones.com/politics/2016/05/obama-administration-american-samoa-deny-citizenship>for
Mother Jones:
It’s the job of the Department of Justice to defend the laws of the
United States to the best of its ability. But earlier this month,
that job led the Obama administration’s top lawyers to take an
awkward, even embarrassing position: embracing a racist, century-old
precedent in order to deny birthright citizenship to people from the
territory of American Samoa.
American Samoans are the only people born on US soil who are denied
birthright citizenship. Five people from the island territoryare
suing
<http://www.motherjones.com/politics/2015/02/obama-birthright-citizenship-racist-american-samoa-tuaua>the
federal government
<http://www.motherjones.com/politics/2015/02/obama-birthright-citizenship-racist-american-samoa-tuaua>,
arguing that this deprivation violates the 14th Amendment’s
guarantee of birthright citizenship to “[a]ll persons born or
naturalized in the United States, and subject to the jurisdiction
thereof.” Last year, the DC Circuit Court of Appealsruled against
the American Samoans
<http://www.motherjones.com/mojo/2015/06/appeals-court-denies-birthright-citizenship-american-samoans>.
The plaintiffs are now appealing to the Supreme Court.
On the opposite side is the Obama administration, which urged the
Supreme Court not to take the case ina brief
<https://www.scribd.com/doc/312448737/US-Opposition-to-Cert-Petition>earlier
this month. In doing so, the government offered a full-throated
endorsement of a set of Supreme Court rulings known as the Insular
Cases, which are notorious today for espousing antiquated ideas
about colonialism and white supremacy.
Share
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Posted invoting <http://electionlawblog.org/?cat=31>
“Clinton’s Best Defense” <http://electionlawblog.org/?p=83217>
Posted onMay 27, 2016 11:48 am
<http://electionlawblog.org/?p=83217>byRick Hasen
<http://electionlawblog.org/?author=3>
Eliza Newlin Carney <http://prospect.org/article/clintons-best-defense>:
Nevertheless, Clinton’s reliance on costly ad blitzes to defend
herself against critics makes her vulnerable to further attacks.
Herappeals to Wall Street donors
<http://www.politico.com/story/2016/05/hilary-clinton-bush-donors-222872>andcoordination
with
<https://www.washingtonpost.com/news/post-politics/wp/2015/05/12/how-a-super-pac-plans-to-coordinate-directly-with-hillary-clintons-campaign/>such
big money groups as Correct the Record reinforce her image as an
untrustworthy professional politician and party insider.
Another, more successful approach—one that Clinton has largely
ignored—would be for her to actually campaign on the political
moneyreform platform
<https://www.hillaryclinton.com/issues/campaign-finance-reform/>that
she rolled out in September. Clinton won kudos from watchdogs when
she pledged to reverse the Supreme Court’s 2010/Citizens United v.
FEC/ruling, pull back the curtain on secret money in elections, and
match low-dollar campaign contributions with public funds.
Clinton’s reform platform is similar tothat of Bernie Sanders
<https://berniesanders.com/issues/money-in-politics/>, but she’s
done little to talk it up. When the campaign reform group Every
Voice held focus groups in Cleveland earlier this year, says the
group’s president David Donnelly, voters given Clinton’s political
money platform without hearing who authored it invariably identified
it as a Sanders plan. Moreover, Donnelly notes, once participants
learned the plan was Clinton’s, they were more inclined to back her.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
--
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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