Subject: Electionlawblog news and commentary 4/20/06
From: Rick Hasen
Date: 4/20/2006, 8:36 AM
To: election-law

"Challengers rake in cash"

The Hill offers this report, which begins: "New campaign-finance records show that key challengers are surpassing or matching the fundraising of incumbents this year in competitive races around the country, a sign of the gathering strength of an anti-incumbent wind that doesn’t necessarily distinguish between Republicans and Democrats."


"Fundraising Group Assails the Doolittles"

The Sacramento Bee offers this report, which begins: "Rep. John Doolittle's practice of paying a 15 percent fundraising commission to a company owned by his wife violates the ethical standards of the industry, a national group of fundraising professionals told the congressman this week. The 27,000-member Association of Fundraising Professionals said in a letter to Doolittle that its long-standing ethics code 'explicitly prohibits percentage-based compensation,' and urged his campaign to cease doing so with Julie Doolittle's company, Sierra Dominion Financial Solutions."


"Racial Discrimination in Washington State's Criminal Justice System May Violate Voting Rights Act"

See this press release, which begins: "A federal district court judge will hear oral arguments on Thursday, April 20, on whether state laws disproportionately strip minorities of their right to vote following a felony conviction. Plaintiffs in the case, Farrakhan v. Gregoire, claim that these laws are in violation of Section 2 of the Voting Rights Act of 1965."


"Norm Ornstein: Culture of Corruption: The Case of Freddie Mac"

See this post, which originally appeared at the Huffington Post.


Tom DeLay Connected to New Hampshire Phone Jamming Scandal?

See this report in the Houston Chronicle.


"This case is not about grassroots lobbying. It's a one-person crusade by Jim Bopp to take down a law he doesn't like"

So states the Campaign Legal Center's Gerry Hebert in this press release regarding Christian Civic League v. Maine, being heard Monday before a three-judge court in Washington DC. Here is the context of Gerry's remark:


Not only no plans to run the ad, but apparently no money to do so, even now. (See the very revealing email exchanges and summary of deposition testimony in this document filed by the FEC.) Will this case be dismissed on standing grounds? Will the court wait until the court deciding the same issue in the WRTL case acts first? Stay tuned.

UPDATE: Bob Bauer responds, defending Bopp and noting:

I haven't yet seen the document that Bob is referring to (and it is not linked on his post). But such an omission (if it is indeed an omission) reminds me of the decision in FEC v. Christian Action Network, 110 F.3d 1049 (4th Cir. 1997), in which the court criticized the FEC for failing to cite Buckley's footnote 52 in its briefs in a case about the meaning of "express advocacy:" "Throughout the FEC's entire 69 pages of briefing on the merits of this case, it never once quotes any of the numerous passages in Buckley and MCFL referring to 'explicit words' or 'express words' or 'language' of advocacy. Nor does it once quote Buckley 's footnote 52. Compare DNC Br. at 5 (quoting footnote 52 in full, including Buckley 's"express words" locution)."

-- 
Rick Hasen 
William H. Hannon Distinguished Professor of Law
Loyola Law School 
919 Albany Street 
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