Questions About the Role of the media in the San Diego Election Dispute

Chuck Bell writes:

This morning's LA Times and San Diego Union-Tribune report that the Times has filed a recount request on behalf of Donna Frye, and the U-T - which filed a public records request to inspect ballots (which are not public records) - is contemplating the same course of action.

Your blog contained discussion during the Presidential campaign about media activity involving potential campaign contributions and issue advocacy (Sinclair Broadcasting's abortive decision to replay an anti-Kerry documentary and Pappas Broadcasting's decision to donate broadcast time to Republican and Democrat central committees). The LA Times and U-T's direct involvement in recounts appears to be a new chapter in this saga.

First, these newspapers' decisions may have campaign finance ramifications - does a media exception apply if the expenditures are considered campaign related? Second, and a wider question than whether this activity is "reportable" or subject to limits or prohibitions (City of San Diego bars corporate expenditures on behalf of municipal candidates), this activity is quite different from post-December 13, 2000 media review of the Florida vote controversy, as the outcome of the media's recount could lead to other litigation that could affect the ultimate disposition of the mayoral election controversy.

The impact of this unprecedented media involvement in a live recount may be mitigated by the separate request Fred Woocher has made on behalf of Frye's supporters. However, it certainly raises a new issue to discuss concerning media involvement in campaigns: when the media becomes not a reporter or commentator but an actor. In one sense, it isn't new and shouldn't be particularly shocking: CBS/Rather/60 Minutes' involvement in the Bush National Guard story; the NY Times' admission about its agreement with CBS - ultimately abrogated - to drop the "missing weapons" story two days before the election; a long history of broadcast editorializing - all now in the gray zone of media's direct involvement in politics.

Thanks for writing!

Puerto Rico Election Case

On Monday, the First Circuit will hear oral arguments in Boston in the Puerto Rico election case. (See this announcement (via How Appealing). Among the heavy hitters in this litigation are Harvard law's Charles Fried and Gibson Dunn's Ted Olson. The briefs are too large for me to upload, but they raise a fascinating Bush v. Gore isssue, as well as issues of abstention. If I get a chance to read the briefs more closely later, I'll post some analysis.

Bob Bauer Weighs in on Nonpartisan Election Administration

See here.

Another Brief in the Texas Re-Redistricting Case

You can find Ellen Richards' very interesting amicus brief here.

-- 
Rick Hasen
Professor of Law and William M. Rains Fellow
Loyola Law School
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