"Laws Fail to Limit Political Spending"

The LA Times offers this report, with the subhead: "Despite regulations that are intended to restrict the influence of wealthy donors, noncandidates spent $4.2 million on L.A.'s mayoral race."

Bauer on Reformers' Comments to FEC in Internet Rulemaking

See here.

Washington State Ruling Expected 9 AM Monday; What Comes Next?

The trial judge in the Washington state gubernatorial contest trial has said he expects to rule from the bench Monday at 9 am (PDT). (You can find Howard Bashman's links to weekend coverage here and here.) There seems little question that the case, whatever the outcome, will be appealed to the Washington state supreme court.

How much weight will the trial judge's opinion have? First, it is likely to influence public opinion. Whoever wins before the trial judge will have momentum ("the trial judge has vindicated our position....") On the legal front, the most important aspect of the trial court's ruling will be his factual findings. Thus, the findings of the judge related to the extent of fraud, or the number of illegal votes cast, are likely to be issues that the the state Supreme Court would take as given on appeal.

But on legal questions, the review is likely to be de novo, without any regard to what the trial court finds. For example, early on in the case the trial judge rejected an equal protection argument under Bush v. Gore based on allegedly different treatment of provisional and other ballots across counties. This issue could well reemerge in the state supreme court. That court also likely won't defer on legal questions such as the standard for knowing when a vote is illegal, or on the question whether the "proportional deduction" standard for determining the number of illegal votes is a proper way to determine the number of illegal votes cast for a particular candidate.

Regardless of the outcome, this case surely helps to lower any resistance that losing candidates may have to challenge the result of close elections in court.

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Public Financing Coming to Connecticut

The Hartford Courant offers this report, which begins: "Gov. M. Jodi Rell's surprise call for the public financing of campaigns set the state Capitol abuzz Thursday morning. By nightfall, it was riding a bandwagon. The Senate's Republican minority set aside its longstanding opposition to public financing, albeit grudgingly, and pledged unanimous support, a gesture as startling as Rell's proposal."

Sale of Access to Gov. Schwarzenegger

The Los Angeles Times offers Candid Talk on the Party Line; Major donors are given an unfiltered channel to Schwarzenegger's office for strategy sessions. It begins: "When wealthy contributors write checks to Gov. Arnold Schwarzenegger, they often get a few canapes and a drink — and a secret telephone number that grants them access to his closest advisors and even the governor himself." Apparently, this includes contributors to Gov. Schwarzenegger's candidate controlled ballot measure committees.

"Groups Weigh In on Web Politicking; FEC Urged to Exempt Most Activists From New Regulations"

The Washington Post offers this report.

Sholk on New Jersey Corporate PACS

Steven Sholk has written "A Guide to New Jersey Corporate Political Action Committees After the 2004 Campaign Finance Legislation and Executive Order," published in Volume 29, Number 1 of Seton Hall Legislative Journal.

"Blogs Face Possible FEC Regulation"

FOXNews offers this report.