"Kirk Offers Hope vs. Secret Donors"

I have just written this oped for Politico. Here is a snippet:

The temptation to use secret funds is only likely to increase in 2012, when not only Congress but the presidency is on the line. The astronomical spending of 2008 could well multiply in 2012 -- and a huge chunk of that is sure to come from secret contributors. Unless something is done.

There is only a small window of time for Congress to address this -- the lame-duck session.

Democrats have tried to pass the DISCLOSE Act, which could solve most of these problems. Though it passed the House, it was filibustered in the Senate. Entreaties to moderate Republicans Olympia Snowe (Maine), Susan Collins (Maine) and Scott Brown (Mass.) to cross and vote with Democrats were to no avail.

Prospects could be far worse in the next Congress. There will be five fewer Democrats in the Senate, making a filibuster that much harder to break.

More important, there's no reason to believe that the soon-to-be Republican House would vote for meaningful disclosure provisions. Not only is much of the conservative GOP leadership ideologically opposed to campaign finance regulation on principle; they are not likely to vote to scuttle a system that served them so well this year.

Due to a quirk in the law, however, Sen. Mark Kirk (R-Ill.) takes his seat now -- replacing the appointee Sen. Ronald Burris during this month's lame-duck session. Kirk has said that he's a supporter of McCain-Feingold. During his campaign, he actually spoke out in favor of better disclosure laws.

Kirk should take the lead in pushing a disclosure bill through this lame-duck session of Congress. He should also urge the remaining Republican moderates to cross party lines with him.

These GOP moderate senators should not be asked to sign on to the DISCLOSE Act. That measure, in addition to disclosure provisions, was larded with other provisions of questionable constitutionality -- including new limits on corporate spending by certain corporations, like government contractors.

Posted by Rick Hasen at 06:48 AM

Scheduled to Be on Brian Lehrer Show This Morning Talking About Iowa Retention Election Controversy

You should also be able to listen here just after 10 eastern.

No Surprises Dept.

AP: Incoming Kansas SOS Kobach's first priority is a voter id law.

The latest from the CT Governor's Race

Here.

Will Emmer Not Concede in Minnesota in an Effort to Keep a Republican Governor in Office Longer?

That's a possible implication of this article.

Will Washington State Supreme Court Race Go to a Recount?

Could be. The U.S. Senate race in that state is over.

"Campaign Cash: Tea Party Vows To Block Campaign Finance Reform"

This is interesting. I wonder if the Tea Partiers know what Senator-elect Rand Paul has said about campaign finance regulation.

Doug Johnson on the Florida Redistricting Measures

See here [corrected link].

"Connecticut Remains in Confusion"

See here.

Texas Governor Perry Calls Voting Rights Act Section 5 Extension in 2006 "Unconstitutional"

From page 111 of Governor Perry's new book, Fed Up! Our Fight to Save America from Washington: "Congress passed 'temporary' provisions [of the Voting Rights Act] more than 40 years ago to ensure compliance but has unconstitutionally extended those provisions repeatedly since that time, including most recently in 2006 for an unbelievable 25 years."

Nicholas Stephanopoulos on the Florida and California Redistricting Initiatives

Here.

"Former Coleman attorney, law experts: Emmer has steep hill to climb"

Minnesota Public Radio offers this report.

More on the Move From Judicial Elections

As a further follow up to this post, this publication from the American Judicature Society spells out all of the changes to and away from judicial elections in recent decades. The most recent change away from elections appears to have been in Utah in 1985. There have been a number of unsuccessful attempts to move in that direction since then.

"Corrupting Committees: Sen. Jim DeMint's cynical advice to incoming Tea Partiers."

Timothy Noah has this interesting Slate piece.