Strassel Attacks Bob Bauer with Claims of Dems’ Intimidation of Conservatives in 2008 Election

Here.

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NCSL’s May 2013 Issue of “The Canvass” Now Available

Here.

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Lois Lerner Put on Administrative Leave

WaPo reports.

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“Hunger Games: The conservative plan to starve government has paid off with the IRS scandal”

TNR.

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“Scott Gessler Repays State for Political Trip”

Denver Post:

Secretary of State Gessler filed paperwork to run for governor on Thursday, two days after reimbursing the state nearly $1,300 for a political trip to Florida last year.

His political director, Rory McShane, said Gessler’s decision to reimburse the money — which led to an ethics complaint against the Republican office-holder — has nothing do with his election plans.

 

 

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“IRS and Scrutiny: Reviewing Review | Commentary”

Ellen Aprill:

IRS employees who review applications for exemption have a duty to ask follow-up questions of applicants, including groups affiliated with the tea party. In the current controversy, IRS reviewers wrongly singled out conservative groups for unusually exacting follow-up. In a number of these cases, they also asked inappropriate questions, such as the identity of donors.

Some media reports, however, imply that the IRS cannot and should not ask any questions of applicants for exemption, that any inquiry invades privacy and violates the First Amendment. That implication is wrong. An organization that seeks an IRS acknowledgment of its exempt status subjects itself to scrutiny — scrutiny designed to ensure that the group in fact qualifies for the benefit of tax exemption.

 

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Little Fraud, No Vote Suppression Found in Ohio 2012 Vote

See here.  You wouldn’t know it if you listened to the partisan media.

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“Husted: voter fraud exists, not an epidemic”

The Columbus Dispatch reports.

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“Heads Won’t Roll at IRS”

Politico reports.

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“GOP’s Switch on Financial Disclosure Wins Gold Medal in Hypocrisy Olympics”

Norm Ornstein opinion piece for National Journal, with the subhead: “The IRS scandal evolved from the broader reality that the GOP has changed its financing mantra from ‘disclosure’ to ‘secrecy.’”

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Election Law Academics Update

Here’s my yearly roundup of election law academic hires, promotions moves, visits, accolades.

Mark Alexander, Guy Charles, Kareem Crayton, Spencer Overton, and Ciara Torres-Spelliscy were included in the Lawyers of Color 50 under 50 list (most influential minority law professors aged 50 or younger) .

Josh Douglas will be teaching in London for the Spring 2014 semester as part of the London Law Consortium.

Chris Elmendorf, on sabbatical from UC Davis next year, will be a Visiting Scholar at UC Berkeley’s Institute for Governmental Studies, and the Center for the Study of Law and Society.

Amber Maltbie is teaching Election Law as an adjunct at the University of the Pacific, McGeorge School of Law in the Spring.

Michael McDonald and Micah Altman received  the Tides Foundation Pizzigati Prize, Strata Data Innovation Award, and APSA ITP Research Software award for their work on the DistrictBuilder open redistricting system.

Dave Primo was named the Ani and Mark Gabrellian Professor at the University of Rochester.

Teddy Rave has accepted a tenure track teaching postion at Houston Law.

Joshua Ian Rosenstein is adjunct in the Election Law Program at William & Mary Law, where he is teaching a course on lobbying law called The Regulation of Advocacy.

Brad Smith will hold the Visiting Judge T. Copenhaver Chair of Law at West Virginia University in 2013-14.

Doug Spencer has accepted a tenure track teaching position at U. Conn Law.

Matt Streb has been promoted for full professor at NIU.

Congratulations, all!

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“Kill Bill”

Tom Edsall reviews the literature on lobbying and rent-seeking for corporations.  (I cover more of this in some detail in this Stanford Law Review article).

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“Stephen Colbert on the IRS scandal (VIDEO)”

Via WaPo.

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“Insurers feel pressure from health group with ties to White House”

The Hill:

The links between a nonprofit promoting President Obama’s healthcare law and the White House have created an “air of expectation” that insurers will contribute to the group, according to an insurance industry official.

Current and former administration officials have taken on leadership and fundraising roles for Enroll America, a nonprofit aiming to make sure people sign up for new coverage options. As the ties grow deeper, the organization has come to feel like “just an arm of the administration,” said one official who works closely with insurers.

 

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“Donors Urge Cuomo to Press for Public Financing of State Campaigns”

NYT reports.

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“Florida Enacts Election Law to Ease Long Voter Lines”

McClatchy:

Gov. Rick Scott has finished the fix of the flawed election law that relegated Florida to a late-night joke in 2012 by signing an elections clean-up bill passed on the final day of the legislative session.

The measure, signed by Scott late Monday before he left for a trade mission to Chile, reverses several provisions implemented in 2011 by GOP lawmakers in anticipation of the 2012 presidential election.

Those changes, criticized by Democrats as an attempt to suppress votes for President Barack Obama, limited the early voting that the president’s campaign capitalized on in 2008. The 2011 law also prevented early voting on the Sunday before Election Day and prohibited voters, particularly students, from changing their voting address at the polls.

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“Appeals court shields lawmakers from testifying, showing draft maps in redistricting lawsuit”

Orlando Sentinel: “A divided appeals court ruled Wednesday that Florida legislators should not be questioned under oath about whether they ‘intended’ to gain partisan advantage when they re-drew congressional maps last year.”

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“McCain Looks to Defuse ‘Nuclear’ Threat”

Roll Call:

Sen. John McCain finds himself once again pushing his colleagues to avoid giving fodder to Democrats seeking to use the “nuclear option” to change Senate rules with a simple majority.

The Arizona Republican’s latest endeavor is to persuade GOP senators to allow the appointment of conferees to hammer out a House- Senate budget agreement without binding instructions against raising the debt limit.

But his efforts have yet to win over the GOP’s tea party wing.

TPM: “The battle over the filibuster escalated Wednesday as Senate Minority Leader Mitch McConnell (R-KY) jumped in the fray to lash Democrats’ threats to use the “nuclear option” to scrap the minority party’s ability to filibuster presidential nominees to cabinet and judicial positions. He and Majority Leader Harry Reid (D-NV) clashed in a heated floor exchange that led to hours of sniping between their offices.

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“White House Feeds IRS Frenzy by Revising Accounts”

Bloomberg reports.

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“Bopp Warns of Consequences of Relaxing Gay Scout Ban”

NLJ:

The Boy Scouts of America will open itself to a “veritable Pandora’s box of litigation” if it allows homosexual boys to be scouts, warns a veteran Supreme Court litigator and special counsel to the Republican National Committee.

In a letter to each of the 1,400 scout leaders expected to vote finally on Thursday on a proposed change to the organization’s longstanding ban on gay boy scouts, prominent conservative lawyer James Bopp Jr. contends the change would undermine protections provided by the U.S. Supreme Court in a 2000 decision.

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WaPo Ed Board Responds to Sen. McConnell Oped

WaPo:

Today we publish a commentary by Senate Minority Leader Mitch McConnell (R-Ky.), arguing against legislation to require expanded campaign finance disclosure. The senator points to the current furor over how the Internal Revenue Service (IRS) mishandled applications from tea party and other conservative groups for tax-exempt status under Section 501(c)(4) of the Internal Revenue Code. We certainly agree with him that the IRS failed to meet basic standards of fairness in selectively pressing the groups for more information and in delaying their applications.

Mr. McConnell writes that the IRS scandal shows that political donors must be protected from possible “intimidation” by the government, that Washington is out to “target people because of their beliefs.” This is an awfully dark view of national government under any administration. Such practices are common in other countries but not in the United States. The IRS failure was an exception, and a bad one, but not the rule.

 

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“The Time Lois Lerner Failed To Investigate A Major Al Gore Fundraiser At The FEC”

BuzzFeed reports.

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“The IRS Hearings: Winners and Losers”

The Fix reports.

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“Official at Heart of IRS Tea Party Scandal Spiked Audits of Big Dark-Money Donors”

Andy Kroll writes for Mother Jones.

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“Tensions Brew Inside White House Over Counsel’s Role”

Buzzfeed reports. Last night I asked on Twitter how long it would be before pundits would start calling for Ruemmler to step aside.

Now the answer is clear: not long.

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“On IRS issue, senior White House aides were focused on shielding Obama”

WaPo reports.

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“FEC Action Slows as Frequent Deadlocks Hamper Consensus on Pending Proposals”

Bloomberg BNA:

Facing a backlog of proposals to update its regulations and policies but apparently unable to reach consensus on any of them, the Federal Election Commission is not even holding regular open meetings as frequently as it did in previous years. The latest example came May 22, when the FEC cancelled its scheduled open meeting set for May 23. The meeting was still on the agency’s calendar until a last-minute notice was posted on the FEC website announcing that the session was cancelled. No meeting agenda had been posted, and there were no obvious agenda items for agency action.

This is deadlock by design. The FEC: Stlll as Good as Dead.®

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“Shape-Shifting by Liberal Dark Money Groups Seems Meant to Confuse”

CRP:

IRS employees who sent overly detailed questionaires to some groups applying for tax-exempt status in recent years used words like “tea party” and “patriot” to try to filter out those that planned to be heavily involved in politics (a big no-no).

As it turns out, not only was that improper; it’s not even very effective. For instance, two liberal groups that have faded in and out of the political scene mysteriously and repeatedly over several years bear names that few would associate, at first glance, with progressive causes: Citizens for Strength and Security, and Patriot Majority.

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“The IRS scandal and Obama’s culture of intimidation”

Sen. Mitch McConnell writes a WaPo oped, attacking not just the IRS, and not just the DISCLOSE Act, but the very concept of disclosure.

Sad for a Senator who used to be a strong supporter of disclosure as an alternative to limits on campaign money.

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“I.R.S. Official Denies Misleading Congress”

NYT reports.

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Section 2 Success in Georgia

Here is an opinion in favor of the plaintiffs in their challenge to at-large elections in Fayette Co., GA.

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“IRS Enforcement Reform and the Court”

Bob Bauer blogs.

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“Six Facts Lost in the IRS Scandal”

Pro Publica reports.

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“Ask The Experts: What to Make of the IRS ‘Tea Party’ Scandal”

Interesting.

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“Reform Groups Call on Congress to Deal with Two IRS Scandals: Wrongful IRS Targeting of Groups and IRS Failure to Prevent Groups from Improperly Claiming 501(c)(4) Status”

Good to see the reform groups now recognizing two scandals.

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“Can A Congressional Witness Deny Guilt and Then Plead the Fifth?”

Orin Kerr on Lerner: “I’m not enough of a Fifth Amendment nerd to have strong views on which side is right. So I posed the question earlier today to a listserv of criminal procedure professors that includes some serious Fifth Amendment experts. Opinions were somewhat mixed, but I think it’s fair to say that the bulk of responders thought that Lerner had not actually testified because she gave no statements about the facts of what happened. If that view is right, Lerner successfully invoked her Fifth Amendment rights and cannot be called again. But this was not a unanimous view, and there are no cases that seem to be directly on point. So it’s at least a somewhat open question.”

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“High Turnout Rates Are Cause to Celebrate, Not Gut, the Voting Rights Act”

David Gans:

Sometime before the end of June, the Supreme Court will decide Shelby County v. Holder, a constitutional challenge to the preclearance provision of the Voting Rights Act, one of the Act’s most important guarantees against racial discrimination in voting.  Shelby County has argued that the Act is unnecessary and outdated and has urged the Supreme Court to hold it unconstitutional on that basis.  With the Court’s decision looming, a number of recent commentators have suggested that, in light of recent voter turnout data, the Voting Rights Act is no longer needed.  They are wrong.

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Quote of the Day

“I have not done anything wrong. I have not broken any laws, I have not violated any IRS rules or regulations and I have not provided false information to this or any other congressional committee. And while I would very much like to answer your committee’s questions today, I have been advised by my counsel to assert my constitutional right not to testify or answer questions related to the subject matter of this hearing. After very careful consideration, I have followed my counsel’s advice and not testify or answer any questions today.

“Because I’m asserting my right not to testify I know people will assume I’ve done something wrong. I have not. One of the basic rights of the Fifth Amendment is to protect innocent individuals and that’s the protection I’m invoking today, thank you.”

Lois Lerner, in prepared statement before House Oversight and Government Reform Committee.  Chair Issa then excused Lerner.

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“McCain, Collins Mock GOP Blockade on Budget Conference’

Roll Call:

Senate Democrats picked up some GOP reinforcements in their bid to get to a conference on a House-Senate budget agreement.

Republican Sens. John McCain of Arizona and Susan Collins of Maine joined Budget Chairwoman Patty Murray, D-Wash., on the floor in support of going to conference without imposing special mandates on conferees.

McCain objected to a bid by Sen. Rand Paul, R-Ky., to require that Senate budget negotiators not provide for an increase in the debt limit. Instead, McCain called for a more established process of offering nonbinding instructions.

Ezra Klein: a thaw in the Senate?

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“Who’s the Right Watchdog for Nonprofits’ Political Activity? | Rules of the Game”

Eliza’s latest.

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“Why it Doesn’t Matter Whether Celia Roady is a ‘Lobbyist’”

Mike Stern blogs.

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“Obama launches panel to reduce long lines at polls”

MSNBC reports.

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“A Sleeper Scandal Awakens, Post-Election”

Michael Shear (NYT): “The allegations had all the makings of a perfect election-year scandal that might threaten President Obama’s chances for a second term and re-energize a listless Tea Party movement: an activist president, running an overbearing government, treating conservative groups unfairly by wielding the federal taxing power to undermine his adversaries. But a year ago, when the current Internal Revenue Service scandal that has swirled around Mr. Obama first emerged, Washington — and, apparently, the White House — shrugged.”

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“With more clarity, White House adds to confusion on IRS”

Worth reading Dan Balz’s Take.

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“CREW Sues IRS for Failing to Revise Rules Governing 501(c)(4)”

Press release:

Today, Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit against the Internal Revenue Service (IRS) in United States District Court for the District of Columbia to compel the agency to initiate a rulemaking procedure to address serious conflicts between the Tax Code’s requirements for section 501(c)(4) groups and implementing IRS regulations.  Current IRS regulations grant tax-exempt status under section 501(c)(4) of the Tax Code to groups “primarily engaged” in promoting social welfare.  The tax laws, however, require such groups to be “operated exclusively” for social welfare purposes.

Read CREW’s complaint against the IRS

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Question of the Night (Election Administration Snark Edition)

What do the Commissioners of the U.S. Election Assistance Commission, which Congress set up after the 2000 Florida election debacle to provide advice about best election practices, think about the just-announced composition of the new Bauer-Ginsberg election commission?

Oh wait….

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“Charities in Politics: A Reappraisal”

Timely new article by Brian Galle, Charities in Politics: A Reappraisal, 54 William & Mary L. Rev. 1561 (2013).

 

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Montana Law Review Election Law Symposium Now Available

Via the revamped MLR website:

Articles

Essays

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Lois Lerner to Plead the Fifth in IRS Mess

The LA Times reports.

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Breaking: Bauer-Ginsberg Election Reform Commission Names Members, Appoints Nate Persily as Sr. Research Director

Here is the press release from the Commission.  And now here’s a release from the White House:

THE WHITE HOUSE

Office of the Press Secretary

FOR IMMEDIATE RELEASE

May 21, 2013

President Obama Announces His Intent to Appoint Individuals to the Presidential Commission on Election Administration

 

WASHINGTON, DC – Today, President Barack Obama announced his intent to appoint ten individuals to the Presidential Commission on Election Administration.  The Presidential Commission on Election Administration was created following President Obama’s State of the Union pledge to identify non-partisan ways to shorten lines at polling places, promote the efficient conduct of elections, and provide better access to the polls for all voters.

 

  • Robert F. Bauer –  Co-Chair, Presidential Commission on Election Administration
  • Benjamin L. Ginsberg  – Co-Chair, Presidential Commission on Election Administration
  • Brian Britton – Member, Presidential Commission on Election Administration
  • Joe Echevarria – Member, Presidential Commission on Election Administration
  • Trey Grayson – Member, Presidential Commission on Election Administration
  • Larry Lomax – Member, Presidential Commission on Election Administration
  • Michele Coleman Mayes – Member, Presidential Commission on Election Administration
  • Ann McGeehan – Member, Presidential Commission on Election Administration
  • Tammy Patrick – Member, Presidential Commission on Election Administration
  • Christopher Thomas – Member, Presidential Commission on Election Administration

President Obama said, “The right to vote is one of the most essential rights provided by the Constitution.  As I said in my State of the Union Address, when any American, no matter where they live or what their party, is denied that right simply because too many obstacles stand in their way, we are betraying our ideals.  We have an obligation to ensure that all eligible voters have the opportunity to cast their ballots without unwarranted obstructions or unnecessary delay. I am pleased that these committed individuals have agreed to offer their expertise to the Presidential Commission on Election Administration and I look forward to working with them in the coming months.”

President Obama announced his intent to appoint the following individuals to the Presidential Commission on Election Administration:

 

Robert F. Bauer, Appointee for Co-Chair, Presidential Commission on Election Administration

Robert F. Bauer is currently a partner at Perkins Coie LLP and General Counsel to the Democratic National Committee.  He previously served as General Counsel to Obama for America and served as White House Counsel from 2009 to 2011.  In his 30 years of practice, Mr. Bauer has provided counseling and representation on matters involving regulation of political activity before courts and administrative agencies for national party committees, candidates, political committees, individuals, Federal officeholders, corporations and trade associations, and tax-exempt groups.  He received a B.A. from Harvard University and a J.D. from the University of Virginia School of Law.

 

Benjamin L. Ginsberg, Appointee for Co-Chair, Presidential Commission on Election Administration

Benjamin L. Ginsberg is currently a partner at Patton Boggs LLP where he represents campaigns, candidates, members of Congress and state legislatures, Governors, corporations, trade associations and individuals participating in the political process.  He was formerly General Counsel to the Republican National Committee, and currently represents the National Republican Senatorial Committee and the National Republican Congressional Committee.  He also serves as Counsel to the Republican Governors Association.  Mr. Ginsberg recently served as National Counsel to the Romney for President campaign and previously served as National Counsel to the Bush-Cheney presidential campaign in 2000 and 2004.  He received an A.B. from the University of Pennsylvania and a J.D. from Georgetown University Law Center.

 

Brian Britton, Appointee for Member, Presidential Commission on Election Administration

Brian Britton is currently the Vice President of Global Park Operations and Initiatives at Walt Disney World Company.  He joined Disney in 1999 and was previously the Vice President of Labor Operations, Operations Strategy, and Operations Support.  He is a board member of Community Based Care of Central Florida, a non-profit organization that manages Central Florida’s foster care program, and a board member for the Florida Attractions Association, a tourism industry trade association.  Mr. Britton is a Navy veteran and a former Naval Aviator.  He received a B.S. in Systems Engineering from the U.S. Naval Academy, a Master’s degree equivalent in the theory and operation of avionic systems in Naval Flight Officer School, and an M.B.A. from Harvard Business School.

 

Joe Echevarria, Appointee for Member, Presidential Commission on Election Administration

Joe Echevarria has served as Chief Executive Officer of Deloitte LLP since June 2011.  Mr. Echevarria joined Deloitte in 1978 and became an audit partner in 1988.  Since that time, he has held a wide range of leadership positions, most recently as U.S. Managing Partner for Operations.  As part of his current role, Mr. Echevarria chairs the U.S. Executive Committee, and is a member of the U.S. Board of Directors, the Deloitte Touche Tohmatsu Limited Board, and the Americas Executive Committee.  Mr. Echevarria serves on the Board of Trustees and chairs the University of Miami School of Business’s Board of Overseers.  He received a B.A. in Business Administration from the University of Miami.

 

Trey Grayson, Appointee for Member, Presidential Commission on Election Administration

Trey Grayson is currently the Director of the Institute of Politics at the John F. Kennedy School of Government at Harvard University.  Mr. Grayson previously served as Secretary of State for Kentucky, elected in 2003 and re-elected in 2007.  Prior to his election, Mr. Grayson practiced law at the law firms of Greenebaum Doll & McDonald and Keating Muething & Klekamp.  Mr. Grayson has served as the president of the National Association of Secretaries of State (NASS), chair of the NASS Elections Committee, and vice chair of the NASS Committee on Voter Participation.  He received an A.B. from Harvard College, and a J.D. and M.B.A. from the University of Kentucky.

 

Larry Lomax, Appointee for Member, Presidential Commission on Election Administration

Larry Lomax is currently the Clark County Registrar in Nevada, a position he has held since 1999.  Mr. Lomax serves as Nevada’s representative to the Election Assistance Commission’s Standards Board, was elected by the board’s members to the Standards Board Executive Board, and served on a Pew Foundation Committee focused on modernizing our nation’s system of registering voters.  He previously served as Assistant Registrar in Clark County from 1998 to 1999.  Prior to working in Clark County, Mr. Lomax was a Professor of Leadership and Ethics at the Air War College.  As a former Air Force pilot, he accumulated over 4,000 hours of flying time in a 30-year career.  He served two tours on the Joint Staff in Washington D.C. and was chosen to serve as the Air Force Colonel on the staff group supporting the Chairman of the Joint Chiefs of Staff.  Mr. Lomax received a B.A. from Stanford University and an M.B.A. from the University of North Dakota.  He is a Distinguished Graduate from the U.S. Air Force Officer Training School.

 

Michele Coleman Mayes, Appointee for Member, Presidential Commission on Election Administration

Michele Coleman Mayes is currently Vice President, General Counsel, and Secretary for the New York Public Library (NYPL).  Ms. Mayes joined NYPL in August 2012 after serving as Executive Vice President and General Counsel for Allstate Insurance Company since 2007.  She served as a Senior Vice President and the General Counsel of Pitney Bowes Inc. from 2003 to 2007 and in several legal capacities at Colgate-Palmolive from 1992 to 2003.  In 1982, Ms. Mayes entered the corporate sector as managing attorney of Burroughs Corporation.  After Burroughs and Sperry Corporation merged, creating Unisys Corporation, she was appointed Staff Vice President and Associate General Counsel for Worldwide Litigation.  From 1976 through 1982, she served in the U.S. Department of Justice as an Assistant United States Attorney in Detroit and Brooklyn, eventually assuming the role of Chief of the Civil Division in Detroit.  Ms. Mayes received a B.A. from the University of Michigan and a J.D. from the University of Michigan Law School.

 

Ann McGeehan, Appointee for Member, Presidential Commission on Election Administration

Ann McGeehan is currently the Assistant General Counsel of the Texas County and District Retirement System.  Previously, she served 22 years in the Elections Division of the Texas Secretary of State’s Office, including as the Director of Elections from 1995 to 2011 and the Director of the Elections Legal Section from 1991 to 1995.  Ms. McGeehan is a past president of the National Association of State Election Directors, and a former member of the U.S. Election Assistance Commission Standards Board and Technical Guidelines Development Committee.  Ms. McGeehan also served on an advisory group to the Pew Center on the States’ Election Initiative.  She received a B.A. from the University of Texas and a J.D. from the University of Texas School of Law.

 

Tammy Patrick, Appointee for Member, Presidential Commission on Election Administration

Tammy Patrick is currently a Federal Compliance Officer for the Maricopa County Elections Department in Arizona.  In 2013, she became a voting member of the Institute of Electrical and Electronics Engineers’ working group on developing standards for a universal format for election results reporting.  She is also a representative on the Mailer’s Technical Advisory Committee to the U.S. Post Office and serves as the co-chair of the Postal Task Force for the Election Center.  She has previously served as a member of the Election Assistance Commission’s working group on Language Assistance for Unwritten Language, as an organizer of the 2007 Native American Voter Outreach Summit, and as a member of the Election Center’s National Task Force on Education and Training.  Ms. Patrick received her B.A. from Purdue University.

 

Christopher Thomas, Appointee for Member, Presidential Commission on Election Administration

Christopher Thomas is the Director of Elections in the Michigan Department of State, a position he has held since 1981.  Mr. Thomas also teaches election law as an Adjunct Professor at the Thomas M. Cooley Law School in Lansing, Michigan.  From 1977 to 1981, Mr. Thomas served as Director of Campaign Finance Information and Director of Campaign Finance Operations for the State of Michigan.  Mr. Thomas served as the Director of Public Communications at the Federal Election Commission from 1975 to 1977.  He began his election administration career in 1974 in Washington, D.C. where he was a Staff Assistant responsible for managing campaign finance filings in the Office of the Clerk of the U.S. House of Representatives.  Mr. Thomas is a founding member of the National Association of State Election Directors and currently serves as President.  Mr. Thomas has served on the Board of Advisors to the Election Assistance Commission since 2005.  He received a B.A. from Michigan State University, an M.A. from St. Louis University, and a J.D. from the Thomas M. Cooley Law School.

 

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