“Online ballot fraud marks the ‘e-boletera era of Miami politics’”

Must-read Miami Herald.

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Posted in absentee ballots, chicanery, election administration | Comments Off

“Political Optics Overlooked in ‘Tea Party’ Review: IRS Official”

Reuters: “Internal Revenue Service employees in Ohio, who singled out conservative groups applying for tax-exempt status for extra scrutiny, likely did not consider the political implications, an IRS official in Washington has told congressional investigators.”

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Robbin Stewart on New Florida Disclaimer/Disclosure Case

Here.

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“Threats made to figures at center of IRS controversy: sources”

Reuters reports.

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“2012 State Elections Snapshots”

Great Pew data and graphics (they look like report cards to me).

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“National Popular Vote Plan Poised to Pass Halfway Mark with New Win”

This item appears at FairVote.

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National Right to Life Committee Agrees to Pay $40K Civil Fine for FEC Reporting Inaccuracies

See here.

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Posted in campaign finance, federal election commission | Comments Off

“FEC Deadlocks on Case From 2008 Race Involving ‘American Issues Project’ Group”

Bloomberg BNA:

The Federal Election Commission has deadlocked on an enforcement case dating back to the 2008 presidential campaign involving allegations that a group opposed to President Obama’s election violated the law by failing to register as a political action committee, the FEC revealed June 14.
The group, known as American Issues Project or AIP, was largely funded by Harold Simmons, a major donor to Republican and conservative causes. It made headlines during the 2008 race when the Obama campaign charged the group and its backers should face a criminal investigation for campaign finance violations.

You can read the Genral Counsel’s report recommending a finding of a violation here. BNA: “Documents released in the case indicated that the FEC’s three Republican commissioners voted against the recommendation in a report from the FEC general counsel’s office to pursue enforcement action. The FEC’s two Democrats voted for the counsel’s recommendations. It requires the votes of four FEC commissioners for any final legal action to be taken.”

One campaign finance attorney writes to me to claim that this will create a “mammoth loophole” by allowing 501c4 groups to manipulate the date of their “fiscal year” to avoid classifications as a political committee.

We are awaiting the Statement of Reasons to be posted by the partisan-split FEC Commissioners.

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“Christie’s Special Election Plan Heads NJ Supreme Court”

Bloomberg:

New Jersey’s Supreme Court will weigh in on Governor Chris Christie’s decision to hold a special election Oct. 16 to replace deceased U.S. Senator Frank Lautenberg.

The justices put the case on a fast track today, ordering briefs by June 17 and final responses by June 18, acting state courts administrative director Judge Glenn Grant said in a statement. The move follows a lower appeals court decision yesterday that there’s no legal obstacle to holding the vote 20 days before the general election, when Christie’s on the ballot seeking a second term.

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245% Increase in Independent Spending on Presidential Election from 2008 to 2012

Adjusting for inflation, the figure is a mere 224% increase.

That’s a tidbit I’ve just calculated for the upcoming 2013 Supplement to Lowenstein, Hasen, & Tokaji, Election Law–Cases and Materials (5th ed. 2012).

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11th Circuit Rejects Challenge to Disclosure and Disclaimer Requirements for Groups Running Ads About Ballot Measures

See Worley v. Florida Secretary of State, in line with the great bulk of authority in this area.

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Chart of the Day: Conservative and Liberal 501(c)(4)s Which Don’t Disclose Donors

From the Center for Responsive Politics:

Untitled2

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“NJ court: Special US Senate election in Oct. OK”

AP:

A special U.S. Senate election to replace the late Democratic Sen. Frank Lautenberg can be held in October, as it was scheduled by Republican Gov. Chris Christie, a state court ruled Thursday.

The ruling could be appealed. And while it keeps an election on course it does not seem likely to chill criticism of the popular governor for how he chose to replace Lautenberg, the Senate’s oldest member, who died last week at age 89.

I have posted the opinion here.

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“‘Hastert Rule’ Pushed by Insurgent Republicans”

Roll Call reports.

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Posted in legislation and legislatures, political parties, political polarization | Comments Off

“The IRS and the Question of Intent”

Bob Bauer blogs.

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Two from Bloomberg BNA on IRS Mess

Rep. Elijah Cummings (D-Md.) June 13 said he does not want the House Oversight and Government Reform Committee to end its investigation of the Internal Revenue Service’s handling of conservative groups’ application for exemption,…

 

Exempt Organizations
The Senate Finance Committee outlined ideas June 13 for revamping the Internal Revenue Code’s provisions dealing with tax-exempt and charitable organizations, including the possibility of limiting political activities of tax-exempt…
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“More Analysis on Iowa Right to Life v. Tooker: Less Disclosure, Future Litigation”

Here, at On Brief.

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“Actors Make Videos in Push for Campaign Finance Reform”

NYT reports.

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“Voting Rights after Shelby County v. Holder (Webcast)”

Fantastic Brookings event July 1 with a great line-up.  So sorry I had to decline an invitation to this because of a conflict.  At least I’ll be able to watch the webcast.

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“How Art Pope killed clean elections for judges in North Carolina”

This item appears at Facing South.

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“D.C.-based groups bombarded state high court races with ads”

Extensive CPI report.

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“Colorado Secretary of State Scott Gessler wrong to use state funds for trip, ethics commission rules”

The Denver Post reports.

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Eighth Circuit Upholds Iowa Corporate Campaign Contribution Ban, Upholds Some, Strikes Down Other Disclosure Rules As Applied to Certain Groups

You can read the opinion in Iowa Right to Life, Inc. v. Tooker at this link. As to the disclosure rules struck down, the court held that certain reporting requirements could not be applied to groups who do not have as their major purpose the influencing of elections.

More from On Brief, Iowa’s Appellate Blog.

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“Police raid Miami Commissioner Francis Suarez’s mayoral campaign in absentee ballot fraud investigation”

The Miami Herald reports.

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Posted in absentee ballots, chicanery, The Voting Wars | Comments Off

Quote of the Day

“It doesn’t matter who wins. It matters that they win by a lot.”

–Retiring Clark County (Nev.) Clerk Larry Lomax, in a must-read “first person” profile in ElectionLine Weekly, offering his version of the Election Administrator’s prayer.

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“Federal election reform commission to hold hearing in Miami”

The Miami Herald reports.

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Posted in election administration, The Voting Wars | Comments Off

As We Wait for the Supreme Court to Decide the Shelby County Voting Rights Case

….here is some of my writing about the case if you want to get up to speed:

What’s Lost if the Voting Rights Falls? (Slate)

If the Court Strikes Section 5 of the Voting Rights Act (Reuters)

Who Controls Voting Rights? (Reuters)

I organized this symposium at Reuters. SCOTUSBlog also ran an excellent symposium. ACS has this Shelby County resource page.

And for those who wish to go back in time: My first writing on the issues in the Shelby County case was in 2005, in writing edited by Chris Geidner: Congressional Power to Renew the Preclearance Provisions of the Voting Rights Act after Tennessee v. Lane. My 2006 testimony before the Senate Judiciary Committee on the serious constitutional questions with renewing the act without making any changes is here. My article analyzing what was likely to happen after the Supreme Court raised constitutional questions in the NAMDNO case appeared in the 2010 Supreme Court Review (contrasting NAMUDNO with Citizens United) in Constitutional Avoidance and Anti-Avoidance by the Roberts Court.

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“Camp Says IRS Targeting of Conservative Groups Did Not Originate in Cincinnati”

Bloomberg BNA:

House Ways and Means Committee Chairman Dave Camp (R-Mich.) June 12 said the Internal Revenue Service’s targeting of tea party and other conservative groups applying for tax exemptions did not originate in Cincinnati.
Where the targeting originated has become an increasing point of contention among lawmakers interviewing IRS employees for their involvement in inappropriately lumping together the groups’ applications for special scrutiny by name.
Camp said he knows the targeting did not begin in Cincinnati “because of the testimony we’ve gotten.”
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Latest Law Professor Blog Rankings

Courtesy of Paul Caron.

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“It’s Time for the SEC to Regulate Political Spending By Public Companies”

Lisa Gilbert writes for Yahoo!.

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“What’s Your Hurry?”

Linda Greenhouse on conservatives fretting about Justices Kennedy or Scalia leaving the Court.

Back in February, I talked about the flip side of this, After Scalia:Don’t give up on campaign finance reform, however hopeless it seems now.

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“Dark Money Politics”

Tom Edsall dives into the data on 501c4 election activity.

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“If Section 5 Falls: New Voting Implications”

New Brennan Center report.

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Posted in Department of Justice, Supreme Court, Voting Rights Act | Comments Off

“Responding Briefly to Bob Bauer’s Brief Reply On Bright Lines”

Greg Colvin sends along this response by email.

 

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“Insight: In Washington, lawmakers’ routines shaped by fundraising”

Reuters:

For lawmakers in Washington, the daily chase for money can begin with a breakfast fundraiser in the side room of a Washington restaurant.

At noon, there might be a $500-per-plate lunch with lobbyists in a Capitol Hill town house. The day might wrap up in an arena sky box in downtown Washington, watching a basketball game with donors.

In between, there is “call time” – up to four or five hours a day for lawmakers in tough re-election campaigns – in telemarketing-style cubicles a few hundred yards from the Capitol. The call centers, set up by the Democratic and Republican parties, allow lawmakers to chase the checks that fuel campaigns without violating rules that ban fundraising from their offices.

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Posted in campaign finance, legislation and legislatures | Comments Off

Higher Rate of Spoiled Ballots in Minnesota for Ranked Choice Voting?

See here.

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“A Modest Early Voting Rise in 2012″

Michael McDonald writes.

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“DOJ Ordered to Justify Secrecy of Corruption Probe”

BLT:

A Washington federal judge today ordered federal prosecutors to disclose more details about a past probe into alleged misconduct by U.S. Rep. Don Young (R-Alaska) or prepare to better justify the continued secrecy. She cited a previous decision finding the congressman’s privacy interests were “much diminished.”

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Posted in Department of Justice, ethics investigations | Comments Off

“Are States Delaying Voter ID Enactment to Duck Federal Racial Review?”

Brentin Mock reports.

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Posted in Department of Justice, election administration, The Voting Wars, voter id | Comments Off

“Center for Competitive Politics Files Cert Petition in Corsi v. OEC”

Press release:

The Center for Competitive Politics (CCP) petitioned the US Supreme Court for a writ of certiorari late Tuesday in Corsi v. Ohio Election Commission. The petition challenges a recent decision by the Ohio Court of Appeals that upheld the Ohio Election Commission’s (OEC) interpretation of the major purpose requirement in determining whether or not a group must register as a political action committee (PAC).

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“Elizabeth Warren, nonprofit seek green together”

CPI:

During Sen. Elizabeth Warren’s race last year against incumbent GOP Sen. Scott Brown, the League of Conservation Voters spent more than $1 million on “independent expenditures” that either advocated for Warren’s election or Brown’s defeat, including mass mailings and paid canvassers.

The 501(c)(4) nonprofit’s treasury, as well as its related political action committee and super PAC, accounted for the spending, which helped push Warren to victory in a race that ranked among the League’s top electoral priorities. The League also bundled more than $100,000 in earmarked campaign contributions for Warren, federal records show.

Now tonight in Washington, D.C., supporters of the League — one of the nation’s most politically active environmental nonprofits — will gather for a fundraising gala during which Warren, a Democrat, is scheduled to address the crowd.

The event is the latest illustration of how politicians and special interest groups, which by law can’t coordinate election spending, nevertheless forge mutually beneficial ties.

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“An In-Depth Report on California’s First-Ever Citizen Redistricting Commission – ‘When the People Draw the Lines’”

From the League of Women Voters:

In the past decade, California voters have worked to increase their voice in the democratic process through passing laws that wrestled power from California legislators. Through Propositions 11 and 20, Californians took a stand and stated that they should be the ones leading the process for drawing Assembly, Congressional and Senate district lines.

In 2010, this line drawing process advanced when the California Bureau of State Audits (BSA) tasked a new California Citizens Redistricting Commission (CRC) with guiding an independent redistricting process. The 14-person commission accomplished the complex task of redrawing 177 districts in only eight months.

A new report “When the People Draw the Lines,” finds that California’s first citizen-led redistricting commission successfully democratized redistricting in the state. In fact, among the estimated 1/3 of the voters who were familiar with the work of the commission, over 66% of the public approved of the CRC district maps.  [Note: This sentence has been updated by the LWV.]

The report, commissioned by the League of Women Voters of California in partnership with The James Irvine Foundation, found that the commission made a concerted effort to make the process more democratic and nonpartisan. In particular, the commission effectively gathered input from Californians through developing a statewide campaign with public meetings, open databases and online engagement.

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“‘Walking-Around Money’: How Machine Politics Works in America Today”

The Atlantic reports, with the subhead: “The practice of handing over cash to turn out votes used to be an urban Democratic specialty. Are rural Republicans getting in on the fun?”

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Derfner and Hebert: The Voting Rights Act: Does the City of Boerne case or the “congruence and proportionality” test have anything to do with the Voting Rights Act?

Armand Derfner and Gerry Hebert have written this guest post (available as a pdf [CORRECTED FILE]) for ELB, which begins:

Much of the debate in the pending Shelby County case centers on whether the remedy in Section 5 of the Voting Rights Act is “congruent and proportional” to the evidence of violations, as the Supreme Court first began requiring in 1997 in City of Boerne v. Flores. However, simply reading City of Boerne and the cases following it suggests that this is not the right test for evaluating the constitutionality of Section 5, and that applying it would be wholly without precedent.
That may surprise some people who believe – mistakenly – that the Supreme Court has already held that Section 5 must meet a test of “congruence and proportionality.” One such surprised person would be Chief Justice Roberts, who thought (Tr. Oral Arg. 56) the Court applied that test in the 2009 case of N.W. Austin MUD v. Holder. One party in that case did say that test should be applied, but the Court specifically said it wouldn’t address the issue and decided the case on other grounds

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“Issa Says Cummings Obstructing Committee’s Efforts to Uncover Truth in IRS Scandal”

Bloomberg BNA:

The war of words between the two leaders of the House Oversight and Government Reform Committee continued June 11, with Chairman Darrell Issa (R-Calif.) accusing ranking member Rep. Elijah Cummings (D-Md.) of obstructing the committee’s efforts to fully investigate IRS’s handling of applications for tax exemption from conservative groups….Cummings responded in a statement June 11 by saying that Issa was going back on his word to release the full transcripts. “Now that this new evidence directly contradicts the Chairman’s unsubstantiated accusations, it appears that he is suddenly reversing himself and refusing to let the American people see the full story,” Cummings said.

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Bauer on Federal Lobbying Disclosure Prosecution

Here.

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“Mayor Asks Donors to Shut Wallets Over Senators’ Gun Votes”

NYT: “Mayor Michael R. Bloomberg, in a sharp escalation in the battle over gun control, is seeking to punish Democratic senators by taking away the one thing they most need from New Yorkers: money.”

 

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“Business donations to judges’ campaigns often equal friendly rulings”

McClatchy:

State supreme court justices are favoring the corporate interests that finance their election campaigns, a comprehensive new study concludes.

With more judicial elections now awash in dollars, the study of several thousand court decisions found a relationship between business-affiliated contributions and how justices voted. The more business money a supreme court justice has received, the more likely she or he is to support business litigants, according to the yearlong study by the American Constitution Society, a liberal advocacy group.

“We have reason to be worried,” study author Joanna Shepherd said Tuesday. “Business groups tend to spend far more on judicial elections than any other interest group.”

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“GOP accused of buying votes at Indy Pride”

Register to vote and get a chance to win a TV?

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Lisa Manheim Heading to University of Washington to Teach Election Law

Congratulations, Lisa!

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