Subject: Re: [EL] Electionlawblog news and commentary 3/14/11
From: Steve Klein
Date: 3/14/2011, 8:34 AM
To: "rick.hasen@lls.edu" <rick.hasen@lls.edu>
CC: Rick Hasen <hasenr@gmail.com>, Election Law <election-law@mailman.lls.edu>

Republican FEC Commissioners Appear to Not Want to Enforce Even Basic Disclosure Requirements

See this statement of reasons from the three Democratic Commissioners. You can see a black and white copy of the disclaimer provision at issue in the complaint and response.

Posted by Rick Hasen at 08:16 PM

"The amber print of the disclaimer is difficult to read over the dark blue of the water..."
 
Our tax dollars at work.
As an informal survey, and setting aside that we're all professionals with the ability to see, how long did it take everyone to find the disclaimer? I did it in about three seconds, up from I guess the half second it would take were the disclaimer as prominent as the FEC would like. While by some measures this is six times, or maybe even more, than the time it takes to find the average disclaimer, I'm troubled that the commissioners pronounce this as "plainly designed to conceal the disclaimer" or "engag[ing] in a game of 'Hide-and-Seek.'"
 
Much like with the functional equivalent of express advocacy, these commissioners seem to err on the side of regulation rather than speech.
 
 
On Mon, Mar 14, 2011 at 9:11 AM, Rick Hasen <hasenr@gmail.com> wrote:

March 14, 2011

"No Movement from Scott on Anti-Gerrymandering Amendments"

The latest from Florida.

Posted by Rick Hasen at 08:06 AM

"Beleagured Secretary of State Appoints Top Deputy"

The latest from Indiana.

Posted by Rick Hasen at 08:03 AM

"Voting: The Rising Degree of Difficulty"

Eliza's latest.

Posted by Rick Hasen at 08:00 AM

"An Ethics Code for the High Court"

Nan Aron offers this WaPo oped.

Posted by Rick Hasen at 07:57 AM

March 13, 2011

"New Hampshire college students can still vote in state, for now"

WaPo reports.

Posted by Rick Hasen at 08:43 PM

Republican FEC Commissioners Appear to Not Want to Enforce Even Basic Disclosure Requirements

See this statement of reasons from the three Democratic Commissioners. You can see a black and white copy of the disclaimer provision at issue in the complaint and response.

Posted by Rick Hasen at 08:16 PM

"VIEWPOINTS: Disclosure laws must be redefined so the public can know the real money trail"

Gabriela Schneider has written this oped for the Birmingham News.

Posted by Rick Hasen at 08:05 PM

"ACLU of Maine Files Lawsuit to Defend Anonymous Blogging about Candidates"

Ballot Access News reports.

Posted by Rick Hasen at 09:45 AM

"A Legal Privilege That Some Lawmakers See Broadly"

Legislative immunity sometimes prevents arrests for things like domestic violence.

Posted by Rick Hasen at 09:41 AM

"Records Reveal Holes in Campaign-Finance Law"

The NY Times offers this news from Chicago.

Posted by Rick Hasen at 09:38 AM

March 12, 2011

"White's 2nd-in-command resigns"

The latest from Indiana.

Posted by Rick Hasen at 03:49 PM

"Promulgating Rules for the Disclosure of Independent Expenditures"

Some testimony from Brennan Center lawyers.

Posted by Rick Hasen at 03:46 PM

March 11, 2011

If It Were on an Election Law Exam, Students Wouldn't Believe It

"Politician Sues Facebook Over Election Loss.

Posted by Rick Hasen at 04:15 PM

The Charlie White Show

Entertaining, if also a little sad.

Posted by Rick Hasen at 04:11 PM

"Over One Million Constituents"

NCSL offers an interesting statistic regarding district size---and the possible need for more districts with fewer constituents.

Posted by Rick Hasen at 04:08 PM

"Cynical Non-Enforcers"

The NY Times offers this editorial on the FEC.
--
Rick Hasen
Visiting Professor
UC Irvine School of Law
rhasen@law.uci.edu

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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--
Steve Klein
Staff Attorney & Research Counsel
Wyoming Liberty Group
www.wyliberty.org