[EL] ELB News and Commentary 12/20/19
Rick Hasen
rhasen at law.uci.edu
Fri Dec 20 08:34:43 PST 2019
Must-Read Profile: “The gerrymanderer’s daughter ‘Stephanie Hofeller opens up in exclusive interview about life, family and the explosive files that changed North Carolina politics”<https://electionlawblog.org/?p=108502>
Posted on December 20, 2019 8:31 am<https://electionlawblog.org/?p=108502> by Rick Hasen<https://electionlawblog.org/?author=3>
Quite a read<http://www.ncpolicywatch.com/2019/12/20/the-gerrymanderers-daughter/> from Melissa Boughton for NC Policy Watch.
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Posted in redistricting<https://electionlawblog.org/?cat=6>
“22,000 reinstated to voting rolls as Georgia attorneys defend purge”<https://electionlawblog.org/?p=108500>
Posted on December 20, 2019 8:24 am<https://electionlawblog.org/?p=108500> by Rick Hasen<https://electionlawblog.org/?author=3>
AJC:<https://www.ajc.com/news/state--regional-govt--politics/000-reinstated-voting-rolls-georgia-attorneys-defend-purge/c4fp7iGVwnVr4WEbR1uulJ/>
The Georgia secretary of state’s office announced Thursday that it would reinstate about 22,000 voters that it had removed from the rolls earlier this week.
The announcement came two hours before state attorneys returned to federal court to defend the cancellation of more than 300,000 voter registrations Monday night.
Those reinstated to “inactive” voting status will have until the next state-scheduled update to the voter list in 2021 to contact election officials or vote to become “active.”
Josh Belinfante, an attorney representing Secretary of State Brad Raffensperger, told U.S. District Judge Steve Jones that the office chose to re-evaluate when a voter’s inactivity started after receiving documents from a voting rights organization that is suing the state.
Jones is considering whether to restore the registrations of about 120,000 infrequent voters who were removed from the state’s voting rolls Monday night.
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Posted in The Voting Wars<https://electionlawblog.org/?cat=60>, voter registration<https://electionlawblog.org/?cat=37>
“Warren vs. Buttigieg: Why they were fighting about campaign finance and a wine cave at the debate”<https://electionlawblog.org/?p=108498>
Posted on December 20, 2019 8:16 am<https://electionlawblog.org/?p=108498> by Rick Hasen<https://electionlawblog.org/?author=3>
Politifact reports.<https://www.politifact.com/truth-o-meter/article/2019/dec/20/warren-vs-buttigieg-what-they-were-fighting-about-/>
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Posted in campaign finance<https://electionlawblog.org/?cat=10>
“The Role of Campaign Finance Laws in the Ukraine Scandal”<https://electionlawblog.org/?p=108496>
Posted on December 20, 2019 8:07 am<https://electionlawblog.org/?p=108496> by Rick Hasen<https://electionlawblog.org/?author=3>
Ciara Torres-Spelliscy<https://www.brennancenter.org/our-work/analysis-opinion/role-campaign-finance-laws-ukraine-scandal> at the Brennan Center.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, chicanery<https://electionlawblog.org/?cat=12>
“Democracy and Federalism: Friends or Foes?”<https://electionlawblog.org/?p=108491>
Posted on December 19, 2019 6:50 pm<https://electionlawblog.org/?p=108491> by Rick Hasen<https://electionlawblog.org/?author=3>
This looks like a dynamite panel <https://www.acslaw.org/wp-content/uploads/2019/12/AALS-2020-flyer.pdf> at AALS:
[panel]
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>
“How New Voting Machines Could Hack Our Democracy”<https://electionlawblog.org/?p=108489>
Posted on December 19, 2019 9:57 am<https://electionlawblog.org/?p=108489> by Rick Hasen<https://electionlawblog.org/?author=3>
Jennifer Cohn<https://www.nybooks.com/daily/2019/12/17/how-new-voting-machines-could-hack-our-democracy/> in NYRB:
The United States has a disturbing habit of investing in unvetted new touchscreen voting machines that later prove disastrous. As we barrel toward what is set to be the most important election in a generation, Congress appears poised to fund another generation of risky touchscreen voting machines called universal use Ballot Marking Devices (or BMDs), which function as electronic pens, marking your selections on paper on your behalf. Although vendors, election officials, and others often refer to this paper as a “paper ballot,” it differs from a traditional hand-marked paper ballot in that it is marked by a machine, which can be hacked without detection in a manual recount or audit. These pricey and unnecessary systems are sold by opaquely financed vendors who use donations and other gifts to entice election officials to buy them.
Most leading election security<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3375755> experts<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3375755> instead recommend hand-marked paper ballots<https://www.wabe.org/hand-marked-ballots-best-approach-for-new-voting-machines-expert-on-ga-panel-says/> as a primary voting system, with an exception for voters with disabilities. These experts include Professor Rich DeMillo<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3375755> of Georgia Tech, Professor Andrew Appel<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3375755> of Princeton University, Professor Philip Stark<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3375755> of the University of California at Berkeley, Professor Duncan Buell<https://www.wsoctv.com/news/local/9-investigates-meck-county-election-officials-opt-for-bar-codes-over-hand-marked-paper-ballots/998771556/> of the University of South Carolina, Professor Alex J. Halderman<https://jhalderm.com/pub/misc/fsgg-voting-written19.pdf> of the University of Michigan, and Harri Hursti<https://twitter.com/HarriHursti/status/1178801278564130816?s=20>, who is “considered one of the world’s foremost experts<https://www.nordicinnovationlabs.com/team/harri-hursti/> on the topic of electronic voting security” and is “famously known for his successful attempt to demonstrate how the Diebold Election Systems’ voting machines could be hacked.” These scholars warn<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3375755> that even a robust manual audit, known as a Risk Limiting Audit, cannot detect whether a BMD-marked paper ballot has been hacked. BMDs instead put the burden on voters themselves to detect whether such ballots include fraudulent or erroneous machine marks or omissions—even though studies already show that many voters won’t notice.
For this reason, many analysts have cautioned against<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3375755> acquiring these new ballot-marking machines for universal use, but election officials in at least 250 jurisdictions across the country have ignored their advice. Georgia<https://www.gpbnews.org/post/lawsuit-seeks-stop-georgia-implementing-new-ballot-marking-devices> (all one hundred and fifty-nine counties), South Carolina<https://www.thestate.com/news/politics-government/article231392753.html> (all forty-six counties), and Delaware<https://freedom-to-tinker.com/2018/09/14/serious-design-flaw-in-ess-expressvote-touchscreen-permission-to-cheat/> (all three counties<https://elections.delaware.gov/technology/index.shtml>) have already chosen these systems for statewide use in 2020. At least one or more counties in the following additional states have done the same: Pennsylvania<https://www.pennlive.com/opinion/2019/08/guess-which-ballot-costs-less-and-is-more-secure-paper-or-electronic-opinion.html> (for the most populous county, plus at least four more), Wisconsin (for Waukesha<https://elections.wi.gov/voters/accessibility/accessible-voting-equipment/express-vote>, Kenosha<https://www.essvote.com/blog/our-customers/wisconsin-county-successfully-debuts-expressvote-and-ds200/>, Chippewa<https://www.govtech.com/budget-finance/Chippewa-County-Wis-Invests-in-New-Secure-Voting-Machines.html> and perhaps more), Ohio<https://fox43.com/2019/11/06/heres-a-list-of-voting-machines-used-in-every-county-across-the-state/> (for the most populous county<https://www.nbc4i.com/news/your-local-election-hq/first-general-election-with-new-voting-machines-in-franklin-county/> and others<https://fox43.com/2019/11/06/heres-a-list-of-voting-machines-used-in-every-county-across-the-state/>), Tennessee<https://www.essvote.com/blog/our-customers/ten-for-ten-in-tennessee/> (for at least ten counties), North Carolina (for the most populous county<https://www.wsoctv.com/news/local/9-investigates-meck-county-election-officials-opt-for-bar-codes-over-hand-marked-paper-ballots/998771556/>), West Virginia (for the most populous county<https://www.wvnews.com/statejournal/news/voter-fraud-tampering-misinformation-prompts-secretary-of-state-to-demo/article_48eb0c48-02ed-5253-af55-0841e39d1cc8.html> and at least one other), Texas<https://dfw.cbslocal.com/2019/06/24/upgrade-new-dallas-county-voting-machines-convenience-security-election-day/> (for at least Dallas and Travis<https://www.statesman.com/news/20180808/travis-county-approves-purchase-of-8m-paper-trail-voting-system> counties), Kentucky (for the most populous county<https://www.essvote.com/blog/our-customers/jefferson-county-ky-picks-a-secure-paper-based-voting-system/>), Arkansas<https://www.prnewswire.com/news-releases/expressvote-launched-as-a-universal-voting-device-successfully-in-seven-jurisdictions-on-super-tuesday-300230957.html> (at least four counties), Indiana (for the most populous county<https://www.essvote.com/blog/industry-news/ess-voting-systems-chosen-in-four-indiana-counties/> and at least eight others), Kansas<https://tyt.com/stories/4vZLCHuQrYE4uKagy0oyMA/5YIEQxHW5qmWayG0kYCsy2> (for the first<https://tyt.com/stories/4vZLCHuQrYE4uKagy0oyMA/5YIEQxHW5qmWayG0kYCsy2> and second<https://www.govtech.com/dc/Voting-Software-Makes-Some-Candidates-Harder-to-Find-in-Sedgwick-County-Kan.html> most populous counties), California<https://www.washingtonpost.com/politics/2019/08/20/new-los-angeles-county-voting-system-highlights-trade-offs-between-security-accessibility/> (again, for the most populous county), Montana<https://flatheadbeacon.com/2019/09/10/flathead-county-receives-44115-new-voting-system/> (at least one county, though not until 2022), and Colorado (for early voting<https://www.govtech.com/civic/Colorado-the-First-State-to-Remove-Bar-Codes-from-Ballots.html>). New York state has certified<https://freedom-to-tinker.com/2019/05/03/imagecast-evolution-voting-machine-mitigations-misleadings-and-misunderstandings/> (that is, voted to allow) one such system as well.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>
My 2019 Opeds and Commentaries<https://electionlawblog.org/?p=108487>
Posted on December 19, 2019 9:33 am<https://electionlawblog.org/?p=108487> by Rick Hasen<https://electionlawblog.org/?author=3>
Here they are. Thanks for reading!
The Decade of Citizens United<https://slate.com/news-and-politics/2019/12/citizens-united-devastating-impact-american-politics.html>, Slate, Dec. 19, 2019
These Two Articles of Impeachment Are More than Good Enough<https://slate.com/news-and-politics/2019/12/articles-of-impeachment-donald-trump-abuse-power-obstruction-congress.html>, Slate, Dec. 10, 2019
Trump’s Senate Impeachment Defense Will Be to Put Joe Biden on Trial<https://slate.com/news-and-politics/2019/11/trump-senate-impeachment-trial-joe-biden-defense.html>, Slate, Nov. 22, 2019
Could Matt Bevin Steal the Kentucky Governor’s Election?<https://slate.com/news-and-politics/2019/11/matt-bevin-andy-beshear-trump-stolen-kentucky-election.html>, Slate, Nov. 7, 2019
The Arrest of Giuliani’s Ukraine Associates Shows How Much Trump Has Already Corrupted Our Elections<https://slate.com/news-and-politics/2019/10/giuliani-ukraine-associates-arrested-sdny-trump-corrupt-elections.html>, Slate, Oct. 10, 2019
Democrats Have Trump on the Ropes. They Must Act on Impeachment Now<https://slate.com/news-and-politics/2019/09/democrats-should-impeach-donald-trump-fast-ukraine.html>, Slate, Sept. 27, 2019
Trump’s Ukraine Gambit Could Be Another Campaign Finance Crime<https://slate.com/news-and-politics/2019/09/trump-ukraine-campaign-finance-crime.html>, Slate, Sept. 22, 2019
Michigan has a smart idea for fixing gerrymandering. Conservatives want to crush it<https://www.vox.com/2019/9/9/20850936/gerrymandering-michigan-commission-republican-legal-argument>, Vox, Sept. 9, 2019
The Coming Reckoning Over the Electoral College; A ploy to bring the issue to the Supreme Court could backfire<https://slate.com/news-and-politics/2019/09/electoral-college-supreme-court-lessig-faithless-electors.html>, Slate, Sept. 4, 2019
Unlimited Donations to Candidates, Coming Soon? Former Solicitor General Paul Clement may get the Supreme Court closer to killing what’s left of campaign-finance limits<https://www.theatlantic.com/ideas/archive/2019/07/campaign-finance-supreme-court/594751/>, The Atlantic, July 26, 2019
The Most Important Lesson the Supreme Court Liberals Can Take from John Paul Stevens<https://slate.com/news-and-politics/2019/07/john-paul-stevens-supreme-court-conservative-votes.html>, Slate, July 17, 2019
The Supreme Court’s Green Light to Partisan Gerrymandering Will Drag It Down Further Into the Mud<https://www.nytimes.com/2019/06/27/opinion/gerrymandering-rucho-supreme-court.html>, N.Y. Times, June 27, 2019
Donald Trump Is Promising to Fight the Census Case. That Might Actually Work<https://slate.com/news-and-politics/2019/06/john-roberts-trump-census-question-supreme-court-october.html>, Slate, June 27, 2019
The Census Case Is Shaping Up to Be the Biggest Travesty Since Bush v. Gore<https://slate.com/news-and-politics/2019/06/census-case-john-roberts-bush-v-gore-tragedy.html>, Slate, June 25, 2019
New Memo Reveals the Census Question Was Added to Boost White Voting Power; Why it won’t matter to the Supreme Court’s conservatives<https://slate.com/news-and-politics/2019/05/census-memo-supreme-court-conservatives-white-voters-alito.html>, Slate, May 30, 2019
Robert Mueller Was Telling Nancy Pelosi to Begin Impeachment Proceedings<https://slate.com/news-and-politics/2019/05/robert-mueller-to-nancy-pelosi-begin-impeachment-proceedings.html>, Slate, May 29, 2019
The Mueller Report Makes It Clear: Trump Is Off the Hook in SDNY as Well<https://slate.com/news-and-politics/2019/04/mueller-report-hush-money-stormy-daniels-trump-cohen-sdny.html>, Slate, Apr. 22, 2019
All the Mistakes Mueller Made in Declining to Prosecute Donald Trump Jr.<https://slate.com/news-and-politics/2019/04/donald-trump-jr-mueller-report-campaign-finance.html>, Slate, Apr. 18, 2019
The Seven Things to Look for When Reading the Redacted Mueller Report<https://slate.com/news-and-politics/2019/04/mueller-report-release-redacted-preview.html>, Slate, Apr. 15, 2019
Roberts’ Rules: This week will test the chief justice’s commitment to calling balls and strikes<https://slate.com/news-and-politics/2019/03/john-roberts-supreme-court-gerrymandering-cases.html>, Slate, Mar. 25, 2019
How Mueller’s Unknown Reasoning Could Endanger American Democracy in 2020<https://slate.com/news-and-politics/2019/03/mueller-report-trump-tower-meeting-no-indictment-first-amendment-2020.html>, Slate, Mar. 24, 2019
Roger Stone’s Indictment Could Be Good News for Donald Trump Jr.<https://slate.com/news-and-politics/2019/01/roger-stone-indictment-campaign-finance-donald-trump-jr.html>, Slate, Mar. 24, 2019
Donald Trump Was Just Handed a Chance to Supercharge Voter Suppression in 2020<https://slate.com/news-and-politics/2019/01/donald-trump-voter-suppression-plan-2020.html>,Slate, Jan. 8, 2019
The Supreme Court Could Make Gerrymandering Worse<https://www.theatlantic.com/ideas/archive/2019/01/supreme-court-will-rule-gerrymandering-md-and-nc/579550/?utm_source=twitter&utm_campaign=the-atlantic&utm_term=2019-01-07T11%3A00%3A28&utm_medium=social&utm_content=edit-promo>, Atlantic, Jan. 7, 2019
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>
Moving My 2018 Opeds Off the Sidebar<https://electionlawblog.org/?p=108485>
Posted on December 19, 2019 9:30 am<https://electionlawblog.org/?p=108485> by Rick Hasen<https://electionlawblog.org/?author=3>
But you can still find them here:
Trump’s ‘Obama Did It Too’ Legal Defense Does Not Hold an Ounce of Water<https://slate.com/news-and-politics/2018/12/trump-obama-campaign-finance-crime-tweets.html>, Slate, Dec. 10, 2018
Republicans Are Using Potential GOP Election Crimes in North Carolina to Push for More Voter Suppression Measures<https://slate.com/news-and-politics/2018/12/north-carolina-election-fraud-voter-id-laws.html>, Slate, Dec. 7, 2018
Stacey Abrams’ New Lawsuit Against Georgia’s Broken Voting System Is Incredibly Smart<https://slate.com/news-and-politics/2018/11/stacey-abrams-georgia-voting-rights-lawsuit.html>, Slate, Nov. 27, 2018
Why Democrats Should Not Call the Georgia Governor’s Race ‘Stolen’<https://slate.com/news-and-politics/2018/11/georgia-stacey-abrams-brian-kemp-election-not-stolen.html?wpsrc=sh_all_dt_tw_ru>, Slate, Nov. 18, 2018
What’s Happening in Florida Is a Nightmare. 2020 Could Be So Much Worse<https://slate.com/news-and-politics/2018/11/florida-election-chaos-2020-trump-nightmare-scenario.html?wpsrc=sh_all_dt_tw_ru>, Slate, Nov. 12, 2018
Brian Kemp Just Engaged in a Last-Minute Act of Banana-Republic Level Voter Manipulation in Georgia<https://slate.com/news-and-politics/2018/11/georgia-governor-candidate-brian-kemp-attempts-last-minute-banana-republic-style-voter-manipulation.html>, Slate, Nov. 4, 2018
Judges Are Telling Minority Voters They’re Probably Being Disenfranchised, but It’s Too Late to Do Anything About It<https://slate.com/news-and-politics/2018/11/dodge-city-ruling-polling-place-closed.html>, Slate, Nov. 2, 2018
How Democrats Can Reverse Years of Voter Suppression. It doesn’t require packing the Supreme Court<https://slate.com/news-and-politics/2018/10/democrats-2020-election-voting-reform-nuclear-option.html>, Slate, Oct. 30, 2018
Is the Assault on Voting Rights Getting Worse, or Are We Just Noticing It More?<https://slate.com/news-and-politics/2018/10/brian-kemp-kris-kobach-voter-suppression.html>, Slate, Oct. 23, 2018
The Next Threat to Redistricting Reform<https://blog.harvardlawreview.org/the-next-threat-to-redistricting-reform/>, Harvard Law Review Blog, Oct. 22, 2018
Liberals Must Embrace a Bankrupt Judicial Philosophy to Have Any Chance of Winning at the Supreme Court<https://slate.com/news-and-politics/2018/10/originalism-textualism-supreme-court-liberal-strategy.html>, Slate, Oct. 18, 2018
Susan Collins Complains of ‘Bribery’ After Nonbillionaires Try to Influence Her Kavanaugh Vote<https://slate.com/news-and-politics/2018/09/susan-collins-complains-of-bribery-after-nonbillionaires-try-to-influence-her-kavanaugh-vote.html>, Slate, Sept. 12, 2018
Brett Kavanaugh May Soon Unshackle All Rich Political Donors<https://slate.com/news-and-politics/2018/09/brett-kavanaughs-supreme-court-tenure-could-mean-the-end-of-all-campaign-finance-limits.html>, Slate, Sept. 3, 2018
Michael Cohen’s Guilty Plea Directly Implicates Donald Trump in a Felony<https://slate.com/news-and-politics/2018/08/michael-cohens-guilty-plea-directly-implicates-donald-trump-in-a-felony.html>, Slate, Aug. 21, 2018
The Chance of Michael Cohen Facing Criminal Campaign Finance Charges Just Went Up<https://slate.com/news-and-politics/2018/08/michael-cohen-paid-stormy-daniels-only-after-the-access-hollywood-tape-emerged-thats-big.html>, Slate, Aug. 16, 2018
How Justice Kennedy’s Successor Will Wreak Havoc on Voting Rights and American Democracy<https://slate.com/news-and-politics/2018/07/justice-kennedys-successor-will-wreak-havoc-on-voting-rights-and-democracy.html>, Slate, July 2, 2018
The Only Thing That Might Stop Trump From Replacing Kennedy With a Scalia Clone<https://slate.com/news-and-politics/2018/06/trump-will-replace-kennedy-with-a-scalia-clone-only-one-thing-might-stop-him.html>, Slate, Jun. 27, 2018
Did Justice Kennedy Just Signal His Retirement? The depressing defeatism of Kennedy’s work this term indicates his time on the court could be coming to an end<https://slate.me/2It7s0W>, Slate, Jun. 26, 2018
Suppression of Minority Voting Rights is About to Get Way Worse<https://slate.com/news-and-politics/2018/06/the-abbott-v-perez-case-echoes-shelby-county-v-holder-as-a-further-death-blow-for-the-voting-rights-act.html>, Slate, June 25, 2018
California’s Supreme Court can kill Cal-3 quickly and save us all a lot of trouble<http://www.latimes.com/opinion/op-ed/la-oe-hasen-split-california-proposition-legal-problems-20180625-story.html>, L.A. Times, June 25, 2018
Justice Kennedy Still Won’t Rule on Gerrymandering<https://slate.com/news-and-politics/2018/06/anthony-kennedy-wont-rule-on-gerrymandering.html>, Slate, June 18, 2018
The Supreme Court Made a Good Decision on Election Law; In praise of the ruling in Minnesota Voters Alliance v. Mansky<https://slate.com/news-and-politics/2018/06/in-minnesota-voters-alliance-v-mansky-the-supreme-court-makes-a-good-decision-on-election-law.html>, Slate, June 14, 2018
Sonia Sotomayor’s Dissent in the Big Voter Purge Case Points to How the Law Might Still Be Struck Down<https://slate.com/news-and-politics/2018/06/sonia-sotomayors-husted-dissent-points-the-way-forward-on-racist-voter-purge-laws.html>, Slate, Jun. 11, 2018
Rudy Giuliani May Have Just Implicated President Trump In Serious Campaign Finance Violations<https://slate.com/news-and-politics/2018/05/rudy-giuliani-may-have-just-implicated-president-trump-in-serious-campaign-finance-violations.html>, Slate, May 2, 2018
Scalia’s Goal Of Unwinding Voter Protections Is Becoming A Reality<https://talkingpointsmemo.com/news/scalias-goal-of-unwinding-voter-protections-is-becoming-a-reality>, Talking Points Memo, April 2, 2018
Justice Scalia’s Legacy is Stronger than Ever<https://slate.com/news-and-politics/2018/03/scalias-legacy-is-stronger-than-ever.html>, Slate, March 28, 2018
The Supreme Court Case That Could Transform Politics<https://www.politico.com/magazine/story/2018/03/26/supreme-court-gerrymandering-217710>, Politico, March 26, 2018
Supreme Court Avoids Bush v. Gore II in Ducking Pennsylvania Redistricting Controversy<https://blog.harvardlawreview.org/supreme-court-avoids-bush-v-gore-ii-in-ducking-pennsylvania-redistricting-controversy/>, Harvard Law Review Blog, March 22, 2018
Free Speech vs. Freedom from Intimidation<https://slate.com/news-and-politics/2018/02/the-supreme-court-is-reconsidering-campaigning-at-the-ballot-box-in-minnesota-voters-alliance-v-mansky.html>, Slate, Feb. 28, 2018
In Pair of Opinions, Fight Over Textualism Lives On<https://www.law.com/nationallawjournal/2018/02/22/in-pair-of-opinions-justices-take-up-anti-textualism-cause/>, National Law Journal, Feb. 22, 2018
Mueller’s Indictment Shows the Way for Russians to Legally Try to Influence Our Elections Next Time<https://slate.com/news-and-politics/2018/02/the-campaign-finance-loophole-that-could-make-the-next-russian-attack-perfectly-legal.html>, Slate, Feb. 17, 2018
Stop treating Ruth Bader Ginsburg — a.k.a. ‘Notorious R.B.G.’ — like a celebrity<http://www.latimes.com/opinion/op-ed/la-oe-hasen-ruth-bader-ginsburg-celebrity-justices-supreme-court-20180215-story.html>, L.A. Times, Feb. 15, 2018
Antonin Scalia’s disruption of the Supreme Court’s ways is here to stay<https://www.washingtonpost.com/news/posteverything/wp/2018/02/13/antonin-scalias-disruption-of-the-supreme-courts-ways-is-here-to-stay/?nid&utm_term=.562a62dc7b30>, Washington Post, Feb. 13, 2018
Trump will still yell about voter fraud, but at least his clownish election commission can’t do any lasting damage<http://www.latimes.com/opinion/op-ed/la-oe-hasen-election-integrity-commission-20180104-story.html>, L.A. Times, Jan. 4, 2018
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>
“The Decade of Citizens United”<https://electionlawblog.org/?p=108483>
Posted on December 19, 2019 8:18 am<https://electionlawblog.org/?p=108483> by Rick Hasen<https://electionlawblog.org/?author=3>
I have written this piece<https://slate.com/news-and-politics/2019/12/citizens-united-devastating-impact-american-politics.html> for Slate, part of their coverage<https://slate.com/tag/end-of-the-2010s> of the end of the decade. It begins:
In 2010, the largest reported individual contributors to federal campaigns in American politics were Robert and Doylene Perry, owners of Perry Homes, who donated about $7.5 million to support Republican and conservative candidates. In 2018, the largest reported contributors were casino magnate Sheldon Adelson and his wife, Miriam, who contributed about $122 million in outside money to support such candidates, representing a 16-fold increase over the Perrys’ 2010 contributions, according to data<https://www.opensecrets.org/overview/topindivs.php?cycle=2018&view=fc> collected by the Center for Responsive Politics. What explains this dramatic shift in American elections, where the wealthiest Americans get to have even greater influence over who is elected and what policies elected officials pursue? The Supreme Court’s 2010 opinion, Citizens United v. Federal Election Commission.
In 2010, Citizens United held that corporations have a First Amendment right to spend sums independently to support or oppose candidates for office. Looking at the amount of direct corporate spending in elections over the past decade, one might think that Citizens United was a bust. Few for-profit corporations spend money<https://www.journals.uchicago.edu/doi/abs/10.1086/680077> in their own names boosting or dissing candidates. But this casehelped to usher in a sea change in American elections, and its influence on the decade that followed is hard to overstate. We’ve seen an explosion of outside, often-undisclosed money in elections, candidates’ skirting campaign finance rules by having shadow “super PACs,” and dangerous foreign interference in our elections. And that pivotal opinion contains all the tools the Supreme Court needs to get rid of remaining campaign contribution limits.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, Supreme Court<https://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/>
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