Two from Roll Call

See MoveOn Goes Mainstream, which begins: "Once regarded warily by much of the Democratic establishment, the liberal grass-roots group MoveOn.org is being increasingly courted by Democratic officeholders for its 3 million members — and their deep pockets."

and

Duo Seeks to Ad 'Approval' to Web Ads, which begins: "Reps. David Price (D-N.C.) and Mike Castle (R-Del.) introduced a bill Tuesday that would require Internet campaign ads to contain the same “I approved this message” tagline that television and radio ads must include....In addition to the bill he introduced with Castle, Price also introduced another piece of legislation Tuesday that would provide additional time for conducting recounts in presidential elections. Price drafted a similar version of the Count Every Vote Act last year."

"ID and the Right to Vote"

Dan Tokaji offers this insightful post at the Ohio State election law website. A snippet:

In their present form, the ID bills presently on the table are likely unconstitutional. The Supreme Court has long held that election practices discriminating against poor voters violate the principle of equal protection. In Harper v. State of Virginia , the Court struck down a $1.50 state poll tax for precisely this reason. “The principle that denies the State the right to dilute a citizen's vote on account of his economic status,” the Harper Court held, “bars a system which excludes those unable to pay a fee to vote or who fail to pay.” In the course of its opinion, the Court noted the possibility that the poll tax was being used to discriminate against black voters.

Dan also reacts to my recent proposal for universal voter registration coupled with a government issued voter i.d. card.

Bauer Reacts to CFI Public Financing Report

Following up on this post, Bob Bauer reacts here to that portion of CFI's report recommending contribution limits for 527s. I saw that recommendation in the summary and it struck me as curious in a report on public financing (and I wonder if CFI considers the serious constitutional questions). I look forward to reading the report.

BLUE RIBBON TASK FORCE SAYS PUBLIC FINANCING OF PRESIDENTIAL PRIMARIES PLAYS IMPORTANT ROLE, NEEDS CHANGE"

The Campaign Finance Institute has issued this report. From the press release:

With George W. Bush, John Kerry and Howard Dean rejecting public financing for their 2004 presidential primary campaigns, any serious candidate in 2008 will have to consider doing the same. Yet after analyzing 2004, a politically diverse CFI Task Force has concluded that a sound matching fund system is still very much in the public interest.

Matching funds have helped Republicans and Democrats, conservatives, liberals and moderates. From Ronald Reagan, Jimmy Carter and George H.W. Bush, to John Edwards, Wesley Clark, Dick Gephardt and Joseph Lieberman, public matching funds have helped underdogs make their case to the public against far better funded opponents. Without a sound system, future campaigns could well be limited to front runners and rich people.

But for the system to continue serving a useful role, its 30-year old rules need to change.

* Spending limits are too low and inflexible, leaving candidates with no escape hatch if they face an opponent who rejects public funding;
* Candidates continue to depend on large private donations, with not enough small donors participating during the competitive phase of the primary
* season. A sound system also needs to make a modest adjustment to its income base. Use of the voluntary income tax check-off has dropped, despite a history of polls suggesting substantial support for presidential public financing.

The Task Force’s new research and innovative recommendations are expected to inform a major legislative and public debate that has already begun. According to CFI Executive Director Michael Malbin, “Congress and the President need to address this soon, to be ready for 2007-2008. The time to begin working is now.”

The following pages summarize the Task Force's recommendations on matching funds, small donors, spending limits, escape hatches, party spending, the tax checkoff, and other issues. The full report also includes a detailed estimate of the projected cost for these and other proposals currently in the policy debate.

Continue reading " BLUE RIBBON TASK FORCE SAYS PUBLIC FINANCING OF PRESIDENTIAL PRIMARIES PLAYS IMPORTANT ROLE, NEEDS CHANGE""

-- 
Rick Hasen
William H. Hannon Distinguished Professor of Law
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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