news of the day 3/24/05

Subject: news of the day 3/24/05

From: Rick Hasen

Date: 3/24/2005, 9:31 AM

To: election-law

"FEC Takes First Stab at Internet Rules: More Clarity Needed"

My commentary on the FEC's draft rulemaking on Internet-based election activity has been posted at Personal Democracy Forum. It begins:

At first glance, the Federal Election Commission’s draft proposal for regulating Internet-based election activity is good news for the blogosphere. Contrary to the blogstorm of fears that it would take a heavy hand, the FEC seems to understand that this is a different medium where speech is cheap and the need for regulation aimed at constraining the corrupting effects of big money is slight. However, the FEC’s first stab at writing new rules raises as many questions as it seeks to answer, and we must remain wary of both intended and especially unintended consequences.

"Thanks to Texas, Redistricting is All Over the Map"

Carl P. Leubsdorf offers this commentary, originally appearing in the Dallas Morning News.

"American Idol" Revote

CNN offers this report. Thanks to Jim Gardner for the pointer, who notes: "Is there no end to the epidemic of faulty voting technology?"

" Latinos use voting-rights law to force district elections"

The San Francisco Chronicle offers this report. Thanks to Randy Riddle for the pointer.

"FEC Signals Light Hand On Internet Campaigning"

The Washington Post offers this report. See also this story, originally appearing in the Chicago Tribune. Bob Bauer weighs in here. Rep. Conyers offers this commentary at C|NET.

My own analysis of the FEC's draft rulemaking ("How Will the FEC Regulate the Internet?") will appear momentarily at Personal Democracy Forum, following up on my earlier post there, Should the FEC Regulate Political Blogging?.

Vote Fraud Allegations in Colorado

The Denver Post reports: "Hundreds of Coloradans are being investigated for voter fraud in the November election. Prosecutors in at least 47 counties are probing cases involving accusations of forged signatures, felons voting or people who attempted to vote twice."

More on Citizens to Save California v. FPPC

Following up on my coverage yesterday on the tentative ruling in the FPPC case, the Los Angeles Times offers Gov. Wins Initiative Fundraising Race; A preliminary ruling lets Schwarzenegger raise unlimited money to push ballot measure." See also this Sacramento Bee report.

Much of the judge's concern about the FPPC rule stems from her view that the FPPC may have lacked the authority to pass the rule and also that the details of the rule were too vague, raising constitutional concerns. I flagged these dangers in a January 2005 Los Angeles Times oped, calling on the Legislature to pass a statute (probably over the governor's veto) placing limits on candidate controlled ballot measure committees through a clear statute.

As I read the judge's ruling, such legislation may well sustain constitutional muster. Crucially, she does not see the case controlled by the 1981 Supreme Court CARC case. For more details on the constitutional issues, see here.

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