news of the day 2/5/04

Programming note

Because I'll be at the Penn law review symposium on the law of democracy (not to mention having having breakfast with my blogging role model), blogging will be light to non-existent through the weekend.

"$65 Million for Election Reform Called Inadequate"

Roll Call offers this report (paid subscription required), which begins: "Election reform leaders in Congress are calling President Bush’s $65 million 2005 budget request for election reform initiatives inadequate, and some experts predict that underfunding could spell difficulties for states trying to revamp their voting systems."

BREAKING NEWS - FEC Delays Consideration of 527 Advisory Opinion

Flooded with comments on the draft advisory opinion on today's FEC agenda, the FEC has decided to postpone a decision pending further review. (information via Moresoftmoneyhardlaw.com. ) Marty Lederman's comments here explain what is at stake for many of the nonprofit organizations that are opposing the advisory opinion.

Foreigners Raising Money to Oppose Bush?

See this report from Berlin.

Are Initiative Contributions a "Circumvention" of Candidate Contribution Limits? The Case of the $500,000 contribution

The Los Angeles Times offers Tickets to Schwarzenegger Fundraiser in New York Will Cost Up to $500,000; Gov. George Pataki helps organize the event to raise money for the California governor's March 2 ballot measures. The article explains:

But the caps do not apply to committees established to support or oppose ballot measures.

See also this report in the San Jose Mercury News.
Could such donations provide enough of a reason to impose contribution limits in ballot measure campaigns following McConnell? Before McConnell, constitutional law was pretty clear that contribution limits to ballot measure campaigns were unconstitutional because they could not be justified by an interest in preventing corruption or the appearance of corruption of federal candidates. (See Citizens Against Rent Control v. City of Berkeley.) It would be interesting to see a state or locality try to do so on this theory.

"McCain-Feingold Unmade? New Election Regulator Opposes Campaign Finance Law

The Washington Post offers this profile of new FEC Chair Brad Smith.

"Californians Can Vote By Visiting Mall"

See this A.P. report, which begins: "In between visits to the Gap, Cinnabon and Victoria's Secret, why not choose a president?"

-- 
Rick Hasen
Professor of Law and William M. Rains Fellow
Loyola Law School
919 South Albany Street
Los Angeles, CA  90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org