Ameriquest Capital Not a Special Interest?

California's Governor Schwarzenegger has said that he does not take money from "special interests" Yet, as noted here (at page 22), his controlled ballot measure committee last election took over $1 million from Ameriquest Capital, a mortgage company. Today, the Los Angeles Times reports in a front-page story that the company "said it had agreed to pay up to $50 million to settle a class-action lawsuit that alleges it defrauded thousands of borrowers in four states, including California."

"Lawmakers Consider Shelley Replacement, Campaign Reforms"

A.P. offers this news from California.

Blogs, 527s and Political Parties in Coordination

Amid continued controversy over the FEC's upcoming rulemaking on internet activity (see this BNA subscribers only report and Bob Bauer's report on Commissioner Thomas's comments), a reader sends along the following e-mail:

Chris Bowers over at MyDD.Com has an extremely interesting tactical post about the upcoming Congressional campaign and the effort to oust Tom Delay due to his ethical lapses.

I am not a political mastermind, so I cannot judge the merits of the proposal, but the first thing that struck me was that the plan to unseat Delay over his ethical lapses could be illegal.

Essentially Bowers is articulating a strategy and schedule for the 2006 election, which would coordinate funds and efforts from the Blogosphere, 527's, PAC's and the Democratic Party. In his estimation, this group is just a "we" and all the money those groups raise is "ours".

Is this type of coordination allowed under McCain Feingold? Does it matter that the proposal does not come from someone from a Party? Can the Democratic Party and independent groups now NOT execute this plan because it has been published?

The first question, about whether this type of coordination is allowed under McCain-Feingold, may well depend upon how the FEC ultimately crafts (and how the courts view) new coordination rules. But on the latter questions, it can't be that a private person's posting of such a suggestion prevents the Democratic Party and independent groups from acting---independently---on the suggestions. Otherwise, a crafty blogger could prevent groups from engaging in independent activities simply by suggesting a coordinated strategy.
The broader point is that coordination often is unnecessary. Consider the pro-Democratic 527s in the last presidential election. By hiring former Democratic Party and candiate officials, whose thinking is going to be similar to those in the party and the campaign, and by observing the media buys and other actions of the candidate campaigns, an independent 527 can aid a party's strategy without a word of coordination between them.

Yale Conference on the Voting Rights Act

You can find details here for the conference: "Lessons From the Past, Prospects for the Future: Honoring the 40th Anniversary of the Voting Rights Act of 1965," April 21-23, 2005.

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