Subject: Re: [EL] Electionlawblog news and commentary 9/28/10
From: "JBoppjr@aol.com" <JBoppjr@aol.com>
Date: 9/28/2010, 7:33 AM
To: "rick.hasen@lls.edu" <rick.hasen@lls.edu>, "election-law@mailman.lls.edu" <election-law@mailman.lls.edu>

 "Who turned on the corporate spigot? Oh yeah."
 
    I don't think the AP report supports Rick's conclusion.
 
    First, the article says the spending is "financed in part by corporations and millionaires," but provides no further info on how much was from corporations.  Before CU, "millionaires" could do this. It is misleading to point to corporations as the source.
 
    Second, the article says "The GOP is getting additional help from some groups that don't even weigh in directly in congressional races. Americans for Prosperity, a conservative group started by billionaire conservative David Koch, has spent about $5.5 million in key House battlegrounds with ads that don't mention candidates but criticize Obama's policies." Of course these issue ads by corporations were legal before CU.
 
    So the article does not support the implication that this is post-CU- enabled corporate spending.  Jim Bopp
 
In a message dated 9/28/2010 12:09:56 A.M. Eastern Daylight Time, hasenr@gmail.com writes:

September 27, 2010

"GOP Groups Overwhelm Dems With Political Ads"

AP: "Just five weeks from midterm elections, groups allied with the Republican Party and financed in part by corporations and millionaires have amassed a crushing 6-1 advantage in television spending, and now are dominating the airwaves in closely contested districts and states across the country."

Who turned on the corporate spigot? Oh yeah.

Posted by Rick Hasen at 09:02 PM

"As Laws Shift, Voters Cast Ballots Weeks Before the Polls Close"

The NY Times offers this report.

Posted by Rick Hasen at 08:56 PM

NYT: Sen. Murkowski Could "Well Pull Off" a Write-in Victory

See here.

Posted by Rick Hasen at 08:53 PM

"New 'Super Pacs' bringing millions into campaigns"

WaPo reports.

Posted by Rick Hasen at 08:47 PM

Tony Mauro Gets Results!

Following up on this post, a West Virginia state supreme court justice has, on further consideration, reversed himself and decided to recuse in a case, citing Tony Mauro's earlier post on the case. (Original story: "A West Virginia Supreme Court justice has refused to take himself out of a case involving the state cap on non-economic damages, even though he pledged during his election campaign that he would never vote to overturn the law imposing the cap."). And the justice is not happy about the power of the blogosphere, which he says forced him to recuse in this case:

    "Upon further reflection, I am disqualifying myself from the above case. I strongly believe there is absolutely no legal basis for my disqualification. See Republican Party of Minnesota v. White, 536 U.S. 765 (2002). However, it appears to me that the lawyers who moved to disqualify me are attempting to create a 'firestorm' by assaulting the integrity and impartiality of West Virginia's Supreme Court.

    "I promptly sent my disqualification response to the lawyers on September 23, 2010. The next day my response appeared in a Washington internet blog. (See copy attached.) How did a blog so quickly get my disqualification memorandum which was sent only to the lawyers in the case? Why is it newsworthy that a West Virginia judge previously exercised his right of Freedom of Speech?

    "The blog did not have the decency to publish my First Amendment rationale as authorized by Republican Party of Minnesota v. White, or quote the legal rationale from White set out in my memorandum.

    "I could care less if the blogs or press crucify me personally. However, I believe the lawyers are pulling the press's strings to place our Court in an unfavorable light. A lot of hard work has been accomplished to keep the Court out of the limelight since I took office on January 1, 2009. I don't want our Court to be publicly maligned by those with a 'win-at-all-cost' mentality. I disqualify myself from this case."

Posted by Rick Hasen at 08:40 PM

"Anti-gay marriage group sues over RI election law"

AP offers this report about how NOM wants to to run ads in the Rhode Island governor's race but not comply with laws imposed on political committees. A press release I received said the pleadings are on the James Madison Center's website, but so far I don't see them there.

UPDATE: There's also a NOM challenge in Florida, which I think will eventually appear on the Center's web page.

Posted by Rick Hasen at 01:08 PM

"Poverty and Political Participation: Overcoming the Registration Barrier"

Brenda Wright blogs at the ACS blog.

Posted by Rick Hasen at 01:00 PM

American Crossroads Raised 91% of Its Money from Just 3 Billionaires

Salon reports.

Posted by Rick Hasen at 12:56 PM
-- 
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 Albany Street
Los Angeles, CA  90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org



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