[EL] Breaking: Supreme Court Will Hear Donor Disclosure Case/More News and Commentary 1/8/21

[Rick Hasen]

Breaking: Supreme Court Agrees to Hear Case About Disclosure of Funders to Certain Nonprofit Organizations, With Implications That Could Lead Courts to Strike Some Campaign Finance Disclosure Laws<https://electionlawblog.org/?p=120338>
Posted on January 8, 2021 3:48 pm<https://electionlawblog.org/?p=120338> by Rick Hasen<https://electionlawblog.org/?author=3>

The Court’s order list is here<https://www.supremecourt.gov/orders/courtorders/010821.zr_h315.pdf>.

Here’s an earlier explanatio<https://www.philanthropyroundtable.org/home/blog/post/roundtable/2020/12/15/the-supreme-court-may-soon-rule-on-donor-privacy>n from the Philanthropy Roundtable:

For those following donor-privacy issues, there was an important development in the case known as Americans for Prosperity Foundation v. Becerra<https://www.scotusblog.com/case-files/cases/americans-for-prosperity-foundation-v-becerra/> in mid-December. The current status of this litigation is that the plaintiffs have petitioned the U.S. Supreme Court to take up the case for review, challenging the decision from the Ninth Circuit, which ruled against the plaintiffs. There have been 22 amicus briefs filed in support of AFP et al.’s petition for writs of certiorari, including one<https://www.philanthropyroundtable.org/docs/default-source/default-document-library/afpf-v-becerra-9th-circuit-court-of-appeals-1-30-17.pdf?sfvrsn=dbaaaf40_2> from The Philanthropy Roundtable.

The question before the court? “Whether California’s requirement that charitable organizations that fundraise in the State disclose to the state Attorney General’s office the identities of their substantial contributors violates the constitutional freedom of association.”

In considering this petition, the Court asked the Solicitor General what the federal government’s position is on this question. After a long wait, the Solicitor General has now issued that opinion in his own amicus brief<https://www.justice.gov/sites/default/files/briefs/2020/11/24/19-251acunitedstates_page_proofs.pdf>. Bottom line: The Solicitor General supports granting the petition.

Although this case involves only disclosure to government bodies for law enforcement purposes, it could start the newer, more conservative Supreme Court majority down the road of striking down more campaign finance disclosure laws.

The case is likely to be decided by early summer.

Stay tuned.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, Supreme Court<https://electionlawblog.org/?cat=29>


“Trump Administration Politicized Some Intelligence on Foreign Election Influence, Report Finds”<https://electionlawblog.org/?p=120336>
Posted on January 8, 2021 3:00 pm<https://electionlawblog.org/?p=120336> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2021/01/08/us/politics/trump-administration-politicized-election-intelligence.html>

The Trump administration politicized the intelligence around foreign election interference in 2020, resulting in significant errors in its reports last year to Congress and the public, a report by the intelligence community ombudsman concluded.

Barry A. Zulauf, the analytic ombudsman in the Office of the Director of National Intelligence, found there was “a loss of objectivity” and politicization of intelligence in the election threat reporting last year.

“Analysis on foreign election interference was delayed, distorted or obstructed out of concern over policymaker reactions or for political reasons,” said the report, which was submitted to Congress on Thursday.

The formal validation dovetails with widespread perceptions about the Trump administration’s handling of intelligence and underscores the challenge awaiting the Biden administration as it prepares to take over the nation’s spy agencies. The report will be sent to the Senate Intelligence Committee. Still, because it was completed under an intelligence director viewed skeptically by Democrats, it is unlikely to be seen as the final word on what happened.

The Senate committee plans to review the report and will work with the new administration “to stop any politicization of intelligence and rectify the failures of the Trump administration,” said Rachel Cohen, a spokeswoman for Senator Mark Warner, Democrat of Virginia, who is set to lead the panel after the inauguration.

Some of the most damaging material in the report concerns a briefing to Congress in March, soon after Richard Grenell, then the ambassador to Germany, took over as the acting director of national intelligence<https://www.nytimes.com/2020/03/04/us/politics/richard-grenell-trump-intelligence.html>.

The March talking points, an unclassified version of which was made public<https://www.dni.gov/files/ODNI/documents/Foreign_Threats_to_US_Elections.pdf>, stated that the Kremlin was not aiding “any candidate’s re-election”<https://www.nytimes.com/2020/03/10/us/politics/election-interference-briefing-trump.html> — a stance at odds with what intelligence officers had told Congress previously: that Russia favored President Trump.

Mr. Zulauf said he was not able to determine who wrote the talking points for the briefing, but found they were “shaped by” Mr. Grenell and other officials in his office.
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Posted in chicanery<https://electionlawblog.org/?cat=12>


Join Ben Ginsberg, Pam Fessler and Me in Conversation Jan. 19, “What Has to Change to Protect Our Vulnerable Election System?”<https://electionlawblog.org/?p=120334>
Posted on January 8, 2021 2:52 pm<https://electionlawblog.org/?p=120334> by Rick Hasen<https://electionlawblog.org/?author=3>

Very much looking forward to this virtual event<https://www.jewsunitedfordemocracy.org/event/protecting-the-electoral-system/> (registration required<https://www.eventbrite.com/e/what-has-to-change-to-protect-our-vulnerable-electoral-system-tickets-132177074187?aff=>):
[cid:image002.jpg at 01D6E5D6.05494BE0]
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Join Me in Conversation with Henry Weinstein at UCI Law on January 13: “Evaluating the 2020 Election: What’s Next for American Democracy?”<https://electionlawblog.org/?p=120332>
Posted on January 8, 2021 2:38 pm<https://electionlawblog.org/?p=120332> by Rick Hasen<https://electionlawblog.org/?author=3>

We will try to put recent events in legal and historical perspective at this virtual event<https://calendar.law.uci.edu/event/evaluating_the_2020_election#.X_jeSulKhuU>, Jan 13 at 5:15 PM PT.

Link to registration.<https://events.r20.constantcontact.com/register/eventReg?oeidk=a07ehgsgrap718873a9&oseq=&c=&ch=>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Of Course They Do Dept.: “GOP has bill to reallocate Wisconsin’s electoral votes by congressional district”<https://electionlawblog.org/?p=120330>
Posted on January 8, 2021 2:03 pm<https://electionlawblog.org/?p=120330> by Rick Hasen<https://electionlawblog.org/?author=3>

The Wisconsin Examiner reports<https://wisconsinexaminer.com/2021/01/08/gop-eyes-bill-to-reallocate-wisconsins-electoral-votes-by-congressional-district/>.
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Posted in electoral college<https://electionlawblog.org/?cat=44>


Deep State Radio: The Trump Coup: A Week in Washington Like No Other<https://electionlawblog.org/?p=120328>
Posted on January 8, 2021 2:01 pm<https://electionlawblog.org/?p=120328> by Rick Hasen<https://electionlawblog.org/?author=3>

I enjoyed being a guest on this podcast<https://podcasts.apple.com/us/podcast/the-trump-coup-a-week-in-washington-like-no-other/id1245002955?i=1000504661877>:

In the midst of a pandemic, with almost 4000 people dying every day, when the nation should be coming together, the President of the United States once again tore it asunder. Worse, what he did was mobilize the first violent coup attempt in US history on the back of his months long seditious efforts to nullify the November election and steal the sovereign power of American voters. As it happens, he also did it on a week when the Democratic Party secured control of the US Senate, another development with seismic consequences in Washington. We discuss these events and their meaning with former Hillary Clinton and Stacey Abrams advisor Karen Finney, election law specialist Rick Hasen, former Obama health policy advisor Dr. Kavita Patel and NYU Law Professor and co-editor of “Just Security” Ryan Goodman. It’s an important deep dive into the meaning behind the events of an extraordinary week. Join us.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Goldfeder Podcast on the 25th Amendment<https://electionlawblog.org/?p=120326>
Posted on January 8, 2021 1:59 pm<https://electionlawblog.org/?p=120326> by Rick Hasen<https://electionlawblog.org/?author=3>

Listen here<https://vimeo.com/498413869>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Jan 12 Cato Event: “Campaign Finance and American Democracy: What the Public Really Thinks and Why It Matters”<https://electionlawblog.org/?p=120324>
Posted on January 8, 2021 1:55 pm<https://electionlawblog.org/?p=120324> by Rick Hasen<https://electionlawblog.org/?author=3>

Details of event about the new Primo/Milyo book:<https://www.cato.org/events/campaign-finance-american-democracy-what-public-really-thinks-why-it-matters>

In recent decades, and particularly since the U.S. Supreme Court’s controversial Citizens United v. Federal Election Commission decision, lawmakers and other elites have told Americans that stricter campaign finance laws are needed to improve faith in the elections process, increase trust in the government, and counter cynicism toward politics. Not surprisingly, the next administration and the new Congress will kick off with proposed legislation to regulate campaign finance.

David M. Primo and Jeffrey D. Milyo argue that politicians and the public alike should reconsider this conventional wisdom in light of surprising and comprehensive empirical evidence to the contrary. Primo and Milyo probe original survey data to determine Americans’ sentiments on the role of money in politics, what drives these sentiments, and why they matter. What have the authors found? While many individuals support the idea of reform, they are also skeptical that reform would successfully limit corruption, which Americans believe stains almost every fiber of the political system. Moreover, support for campaign finance restrictions is deeply divided along party lines, reflecting the polarization of our times. Ultimately, Primo and Milyo contend that American attitudes toward money in politics reflect larger fears about the health of American democracy, fears that will not be allayed by campaign finance reform.

Please join us January 12 from noon to 1 p.m. for a refreshingly contrarian discussion of American politics and campaign finance.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>


“Justice Dept. Open to Pursuing Charges Against Trump in Inciting Riot”<https://electionlawblog.org/?p=120322>
Posted on January 8, 2021 7:25 am<https://electionlawblog.org/?p=120322> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2021/01/07/us/politics/justice-department-trump-capitol.html?action=click&module=Spotlight&pgtype=Homepage>

The Justice Department said on Thursday that it would not rule out pursuing charges against President Trump for his possible role in inciting the mob that marched to the Capitol, overwhelmed officers and stormed the building a day earlier.

“We are looking at all actors, not only the people who went into the building,” Michael Sherwin, the U.S. attorney in Washington, told reporters.

Mr. Sherwin was asked whether such targets would include Mr. Trump, who exhorted supporters during a rally near the White House, telling them that they could never “take back our country with weakness.” Propelled by Mr. Trump’s baseless claims of election irregularities, the protesters had gathered to demonstrate against Congress’s certification of Joseph R. Biden Jr.’s Electoral College victory and moved on to the Capitol after the president’s rally.

Mr. Sherwin said he stood by his statement. “We’re looking at all actors,” he said. “If the evidence fits the elements of a crime, they’re going to be charged.”
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Strict absentee voting limits proposed after record Georgia turnout”<https://electionlawblog.org/?p=120320>
Posted on January 8, 2021 7:16 am<https://electionlawblog.org/?p=120320> by Rick Hasen<https://electionlawblog.org/?author=3>

AJC:<https://www.ajc.com/politics/strict-absentee-voting-limits-proposed-after-record-georgia-turnout/BLDBKKOLCJDU7FWUAM4CPNZ43I/>

Voting was never easier in Georgia than in November’s presidential election. But it might not last.

Republican legislators plan to crack down on voting access after record turnout helped Democrat Joe Biden win Georgia, flipping the state after 24 years of GOP presidential wins.

They blame absentee ballots, used by 1.3 million Georgians who voted from home during the coronavirus pandemic. In all, 5 million people voted in the general election.

That era of widespread absentee voting will quickly come to an end if the Georgia General Assembly passes laws this year to eliminate no-excuse absentee voting<https://www.ajc.com/politics/georgia-elections-chief-seeks-to-end-no-excuse-absentee-voting/UJAKYKRPLBBALHWTSF7UAJZCNU/>, ballot drop boxes<https://www.ajc.com/politics/georgia-voters-urged-to-use-drop-boxes-avoid-mail-delays/3VFAWG73QFGV7A7QAPRXZPP7TI/> and unsolicited absentee ballot application mailings<https://www.ajc.com/politics/groups-mass-mail-absentee-ballot-applications-to-georgia-voters/BCG7GB7UDVAVRGM2MGPMW73TGY/>, as Republicans have proposed.

When the legislative session begins Monday,Democrats are bracing for a wave of bills from the Republican majority that would make it harder to vote in the name of preventing potential fraud. There’s no credible evidence of significant absentee ballot fraud in Georgia’s general election, according to state election officials. Isolated cases<https://www.ajc.com/politics/georgia-officials-overstated-election-investigations/RROMDM3YHBHGTB5XUXH4JN622Y/> are under investigation by the secretary of state’s office.

“They lost, and now they want to change the rules to give themselves a competitive advantage,” said House Minority Leader James Beverly<https://legislativenavigator.ajc.com/#members/793>, a Democrat from Macon. “The pendulum swings, and people can see through this foolishness in the truest sense of suppression and disenfranchisement.”

Republicans say they need to protect election integrity from the possibility of cheating. Some of the legislators seeking to limit absentee voting also signed onto a brief<https://www.supremecourt.gov/DocketPDF/22/22O155/163469/20201210202722129_22O155%20Amici%20Brief%20GA%20State%20Sem%20%20Willian%20Ligon%20et%20al.pdf> filed with the U.S. Supreme Court supporting the state of Texas’ failed lawsuit<https://www.ajc.com/politics/election/supreme-court-rejects-texas-lawsuit-against-georgia/HFUEPSAYVBCDTJL6QXWQHG5MM4/> to overturn<https://www.ajc.com/politics/texas-sues-georgia-to-try-to-overturn-election-results/EVEDMTX2J5E2DJ3O6FOGMDS7PM/> Georgia’s election results.
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Posted in absentee ballots<https://electionlawblog.org/?cat=53>


George Conway: On Government Lawyers Now Asked to Participate in Drawing Up Pardon Papers<https://electionlawblog.org/?p=120318>
Posted on January 8, 2021 6:13 am<https://electionlawblog.org/?p=120318> by Richard Pildes<https://electionlawblog.org/?author=7>
[cid:image003.jpg at 01D6E5D6.05494BE0]

George Conway at gtconway3d · 1hIf I were a government attorney, and the president asked me to prepare pardon papers at this point, I’d be seriously concerned about being drawn into a criminal conspiracy if I complied.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>



--
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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