[EL] ELB News and Commentary 1/31/18

Wed Jan 31 07:29:30 PST 2018

“Rubio, Menendez express concern about Russian influence in Mexican election to Tillerson”<http://electionlawblog.org/?p=97262>
Posted on January 31, 2018 7:16 am<http://electionlawblog.org/?p=97262> by Rick Hasen<http://electionlawblog.org/?author=3>

CBS News reports.<https://www.cbsnews.com/news/rubio-menendez-express-concern-about-russian-influence-in-mexican-election-to-tillerson/>
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97262&title=%E2%80%9CRubio%2C%20Menendez%20express%20concern%20about%20Russian%20influence%20in%20Mexican%20election%20to%20Tillerson%E2%80%9D>
Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

“Klobuchar Accuses Tech Companies of Stalling ‘Honest Ads’ Bill”<http://electionlawblog.org/?p=97260>
Posted on January 31, 2018 7:13 am<http://electionlawblog.org/?p=97260> by Rick Hasen<http://electionlawblog.org/?author=3>

Bloomberg BNA:<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=127646275&vname=mpebulallissues&jd=000001614906de1eaded6fdefd9f0000&split=0>
The primary sponsor of legislation to require more information about who’s paying to get voters’ attention says her online advertising bill probably is going nowhere in this election year.
Gathering enough support to get the bill enacted is “hard when a lot of the companies don’t want it done,” Sen. Amy Klobuchar (D-Minn.) said Jan. 30. “That’s our problem.”
The bill titled the Honest Ads Act (S. 1989), cosponsored by Sens. John McCain (R-Ariz.) and Mark Warner (D-Va.), would require disclosure of sources of funding behind paid political ads carried by big online platforms. It would give the Federal Election Commission the authority to require disclosure of sponsors of online ads that focus on elections and issues that could influence elections.
The legislation also would require ad sellers to make reasonable efforts to prevent foreign influence in U.S. elections.
Representatives of Google, Facebook and Twitter have been summoned to Capitol Hill to testify about political messages paid for by Russian sources. U.S. intelligence agencies have concluded Russia sought to intervene in the election to help elect President Donald Trump. Central Intelligence Agency Director Mike Pompeo, in an interview with the BBC, said he expects Russia to target the U.S. midterm elections.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97260&title=%E2%80%9CKlobuchar%20Accuses%20Tech%20Companies%20of%20Stalling%20%E2%80%98Honest%20Ads%E2%80%99%20Bill%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

“Lobbying’s top 50 pour $540M into influence campaigns”<http://electionlawblog.org/?p=97258>
Posted on January 31, 2018 7:07 am<http://electionlawblog.org/?p=97258> by Rick Hasen<http://electionlawblog.org/?author=3>

The Hill reports.<http://thehill.com/business-a-lobbying/business-a-lobbying/371523-lobbyings-top-50-pour-540m-into-influence-campaigns>
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97258&title=%E2%80%9CLobbying%E2%80%99s%20top%2050%20pour%20%24540M%20into%20influence%20campaigns%E2%80%9D>
Posted in lobbying<http://electionlawblog.org/?cat=28>

“Crossing State Lines: The Supreme Court’s conservatives may be preparing an attack on states’ ability to combat partisan gerrymandering.”<http://electionlawblog.org/?p=97256>
Posted on January 31, 2018 6:57 am<http://electionlawblog.org/?p=97256> by Rick Hasen<http://electionlawblog.org/?author=3>

Mark Stern for Slate<https://slate.com/news-and-politics/2018/01/justice-alito-prepares-an-attack-on-state-sovereignty-over-voting-rights.html>.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97256&title=%E2%80%9CCrossing%20State%20Lines%3A%20The%20Supreme%20Court%E2%80%99s%20conservatives%20may%20be%20preparing%20an%20attack%20on%20states%E2%80%99%20ability%20to%20combat%20partisan%20gerrymandering.%E2%80%9D>
Posted in Elections Clause<http://electionlawblog.org/?cat=70>, redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>

“Latino Org In Chaos After Its Prez Goes Rogue, Endorses Trump Immigration Plan”<http://electionlawblog.org/?p=97254>
Posted on January 31, 2018 6:55 am<http://electionlawblog.org/?p=97254> by Rick Hasen<http://electionlawblog.org/?author=3>

TPM:<https://talkingpointsmemo.com/dc/latino-org-in-chaos-after-its-prez-goes-rogue-endorses-trump-immigration-plan>

On Tuesday, several Republican congressional leaders touted to reporters that Trump’s immigration proposal had been endorsed by the League of United Latin America Citizens (LULAC)—a Latino civil rights group that for years has advocated for a path to citizenship for young immigrants known as Dreamers.

While LULAC’s president Roger Rocha did in fact write a letter<https://www.politico.com/f/?id=00000161-48cc-da2c-a963-cfff06b20001> to President Trump over the weekend thanking him for “taking the lead” on immigration reform and declaring that the White House framework was one “LULAC can support,” staff at the organization tell TPM that they were completely blindsided by Rocha’s action and were not consulted before the letter was sent.

“Literally nobody on staff knew about it. He sent that letter on his own,” LULAC policy manager Juan Perez told TPM. “None of the board members knew. We don’t even know whether the letter went straight to the White House or to Capitol Hill as well. We’re getting calls from so many Hill offices about it, and we’re just trying to figure out what’s going on and put out the fire.”
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97254&title=%E2%80%9CLatino%20Org%20In%20Chaos%20After%20Its%20Prez%20Goes%20Rogue%2C%20Endorses%20Trump%20Immigration%20Plan%E2%80%9D>
Posted in election law biz<http://electionlawblog.org/?cat=51>

“Paul Smith and Marcia Coyle in Conversation: Gerrymandering at the Supreme Court”<http://electionlawblog.org/?p=97252>
Posted on January 30, 2018 1:08 pm<http://electionlawblog.org/?p=97252> by Rick Hasen<http://electionlawblog.org/?author=3>

Video at the NLJ.<https://www.law.com/nationallawjournal/sites/nationallawjournal/2018/01/30/paul-smith-and-marcia-coyle-in-conversation-gerrymandering-at-the-supreme-court/?kw=Paul%20Smith%20and%20Marcia%20Coyle%20in%20Conversation:%20Gerrymandering%20at%20the%20Supreme%20Court&et=editorial&bu=National%20Law%20Journal&cn=20180130&src=EMC-Email&pt=Afternoon%20Update>
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97252&title=%E2%80%9CPaul%20Smith%20and%20Marcia%20Coyle%20in%20Conversation%3A%20Gerrymandering%20at%20the%20Supreme%20Court%E2%80%9D>
Posted in redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>

“The Supreme Court’s Elections Clause dilemma in Pennsylvania”<http://electionlawblog.org/?p=97250>
Posted on January 30, 2018 1:04 pm<http://electionlawblog.org/?p=97250> by Rick Hasen<http://electionlawblog.org/?author=3>

Lyle Denniston<https://constitutioncenter.org/blog/the-supreme-courts-election-clause-dilemma-in-pennsylvania> for Constitution Daily.
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97250&title=%E2%80%9CThe%20Supreme%20Court%E2%80%99s%20Elections%20Clause%20dilemma%20in%20Pennsylvania%E2%80%9D>
Posted in Elections Clause<http://electionlawblog.org/?cat=70>, redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>

Head of NRCC Says Republicans May Hold the House Because of Gerrymandering<http://electionlawblog.org/?p=97248>
Posted on January 30, 2018 12:58 pm<http://electionlawblog.org/?p=97248> by Rick Hasen<http://electionlawblog.org/?author=3>
View image on Twitter<https://twitter.com/jaredleopold/status/958307037418606593/photo/1>
[View image on Twitter]<https://twitter.com/jaredleopold/status/958307037418606593/photo/1>
<https://twitter.com/jaredleopold/status/958307037418606593>

[https://pbs.twimg.com/profile_images/624896219/jl_headshot_normal.jpg]Jared Leopold at jaredleopold<https://twitter.com/jaredleopold>

NRCC Chair brags that gerrymandering is the #1 reason GOP will hold the House in 2018. https://www.politico.com/magazine/story/2018/01/30/house-republicans-trump-battleground-steve-stivers-216550?lo=ap_c1 …<https://t.co/5diFJ79shI>
3:52 AM - Jan 30, 2018<https://twitter.com/jaredleopold/status/958307037418606593>
·         <https://twitter.com/intent/tweet?in_reply_to=958307037418606593>
 4141 Replies<https://twitter.com/intent/tweet?in_reply_to=958307037418606593>

·         <https://twitter.com/intent/retweet?tweet_id=958307037418606593>
 949949 Retweets<https://twitter.com/intent/retweet?tweet_id=958307037418606593>

·         <https://twitter.com/intent/like?tweet_id=958307037418606593>
 686686 likes<https://twitter.com/intent/like?tweet_id=958307037418606593>
Twitter Ads info and privacy<https://support.twitter.com/articles/20175256>
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97248&title=Head%20of%20NRCC%20Says%20Republicans%20May%20Hold%20the%20House%20Because%20of%20Gerrymandering>
Posted in redistricting<http://electionlawblog.org/?cat=6>

CLC Hosting Call-in on Wednesday About Danger of Foreign Interference with the 2018 Elections<http://electionlawblog.org/?p=97245>
Posted on January 30, 2018 12:57 pm<http://electionlawblog.org/?p=97245> by Rick Hasen<http://electionlawblog.org/?author=3>

Details to RSVP.<https://mailchi.mp/0348eb25680d/youre-invited2018-democracy-battles-in-the-states-1001585?e=cc5d3deea8>
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97245&title=CLC%20Hosting%20Call-in%20on%20Wednesday%20About%20Danger%20of%20Foreign%20Interference%20with%20the%202018%20Elections>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

“Draft FEC Rules Target Political Ads on Social Media”<http://electionlawblog.org/?p=97243>
Posted on January 30, 2018 10:06 am<http://electionlawblog.org/?p=97243> by Rick Hasen<http://electionlawblog.org/?author=3>

Bloomberg:<https://www.bloomberg.com/news/articles/2018-01-29/political-ads-on-social-media-are-target-for-draft-fec-rules>

The U.S. Federal Elections Commission is moving forward with a plan to introduce new rules on political advertising on social media ahead of the 2018 election cycle.
 The commission has a working draft of the rules in front of it now, longtime Democratic FEC Commissioner Ellen Weintraub said Monday at a technology conference in Washington, though she divulged few details.
  “I’m hoping that we are going to be able move this rule-making forward within this election cycle,” Weintraub, one of five members of the bipartisan FEC commission, said. A sixth spot on the commission remains vacant.
 The FEC agreed in late 2017 to come up with new rules after congressional committees hammered social media companies about how their platforms were used by Russian state agents to increase discord during the 2016 presidential election. Most lawmakers want rules that apply the same disclosure requirements that TV and radio ads have to the internet.
The FEC’s draft rules focus narrowly on ads that directly advocate for a particular candidate, rather than the broader threshold some lawmakers<https://www.bloomberg.com/politics/articles/2017-10-19/russia-probes-spur-lawmakers-on-election-security-social-media> have proposed that would require disclosure for ads about any issue of “national legislative importance.”
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97243&title=%E2%80%9CDraft%20FEC%20Rules%20Target%20Political%20Ads%20on%20Social%20Media%E2%80%9D>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, federal election commission<http://electionlawblog.org/?cat=24>

Colorado Supreme Court Unanimously Holds that Free Legal Services Donated to a Campaign Do Not Have to Be Reported as “Contributions” under State Law<http://electionlawblog.org/?p=97241>
Posted on January 30, 2018 10:05 am<http://electionlawblog.org/?p=97241> by Rick Hasen<http://electionlawblog.org/?author=3>

Opinion<http://ij.org/wp-content/uploads/2016/08/CO-Supreme-Court-opinion.pdf> (via IJ press release<http://ij.org/press-release/victory-free-speech-colorado/>).
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97241&title=Colorado%20Supreme%20Court%20Unanimously%20Holds%20that%20Free%20Legal%20Services%20Donated%20to%20a%20Campaign%20Do%20Not%20Have%20to%20Be%20Reported%20as%20%E2%80%9CContributions%E2%80%9D%20under%20State%20Law>
Posted in campaign finance<http://electionlawblog.org/?cat=10>

Rep. Ro Khanna and Prof. Bruce Ackerman Advocate for Campaign Finance Vouchers for Congressional Candidates<http://electionlawblog.org/?p=97239>
Posted on January 30, 2018 7:27 am<http://electionlawblog.org/?p=97239> by Rick Hasen<http://electionlawblog.org/?author=3>

Oped.<http://www.sacbee.com/opinion/california-forum/article197215689.html>
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97239&title=Rep.%20Ro%20Khanna%20and%20Prof.%20Bruce%20Ackerman%20Advocate%20for%20Campaign%20Finance%20Vouchers%20for%20Congressional%20Candidates>
Posted in campaign finance<http://electionlawblog.org/?cat=10>

“Millions of Voters Will Cast Ballots in November in Unconstitutionally Gerrymandered Districts”<http://electionlawblog.org/?p=97237>
Posted on January 30, 2018 5:58 am<http://electionlawblog.org/?p=97237> by Rick Hasen<http://electionlawblog.org/?author=3>

Pema Levy<https://www.motherjones.com/politics/2018/01/millions-of-voters-will-cast-ballots-in-november-in-unconstitutionally-gerrymandered-districts/> for Mother Jones:

This fall, millions of voters will cast ballots in legislative districts that have been deemed unconstitutional. Courts have repeatedly tossed out Republican-drawn electoral maps for excessive gerrymandering, but those maps will remain in effect through November, potentially changing who controls Congress and state legislatures for the next two years.

The blame lies with the Supreme Court. In Texas, North Carolina, and Wisconsin, Democratic plaintiffs have successfully convinced federal district courts that their states’ political maps unconstitutional. Those courts have ordered new maps to be drawn. But the Supreme Court has halted that process repeatedly, causing voters to be stuck in unfairly drawn districts for yet another election cycle….

Texas is a cautionary tale, highlighting the multiple ways in which the Supreme Court has shaped redistricting litigation to favor legislators who act in bad faith to gerrymander their districts. Rick Hasen, an election law expert at the University of California, Irvine School of Law, blames<https://www.washingtonpost.com/news/posteverything/wp/2017/06/28/the-supreme-court-is-in-no-hurry-to-protect-voters-from-gerrymandering/> a Supreme Court doctrine that discourages courts from changing voting laws close to an election to avoid confusion. Originally, the court applied this principle to issues like voter ID laws and precinct closures. But in recent years, he says, it’s crept into redistricting cases, delaying the implementation of new maps by years. “It encourages litigation tactics that stretch things out as long as possible to try to get it to the next election period,” says Hasen. In many district-level elections held every two years, he says, “there’s always an election around the corner.”
[Share]<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D97237&title=%E2%80%9CMillions%20of%20Voters%20Will%20Cast%20Ballots%20in%20November%20in%20Unconstitutionally%20Gerrymandered%20Districts%E2%80%9D>
Posted in redistricting<http://electionlawblog.org/?cat=6>, 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
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org<http://electionlawblog.org/>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180131/fc1d6b0f/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 2021 bytes
Desc: image001.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180131/fc1d6b0f/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 71955 bytes
Desc: image002.jpg
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180131/fc1d6b0f/attachment.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 7190 bytes
Desc: image003.jpg
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180131/fc1d6b0f/attachment-0001.jpg>