“A Distinct System for Presidential Succession on Inauguration Day: Getting the Most Out of Section 3 of the Twentieth Amendment”

April 24, 2024, 7:46 amUncategorizedNed Foley

Brian Kalt has this important new article, forthcoming in Cardozo Law Review (of which I was fortunate to read an earlier draft). Here’s the abstract: The current presidential-succession statute uses the same line of succession for every conceivable situation.… Continue reading

“Ted Cruz could be liable for taxes on payments from his iHeartMedia podcast, experts say”

April 23, 2024, 2:58 pmUncategorizedNed Foley

That’s the headline of this Houston Chronicle article, but the body of the article (which is behind a paywall) notes that there is a disagreement among experts on the point. Because the podcast payments went to a PAC, there’s… Continue reading

Why It Matters Legally Whether We Conceive of the Trump Case as One of “Election Interference”

April 23, 2024, 7:41 amchicaneryRick Hasen

Jed Handelsman Shugerman in NYT oped: About a year ago, when Alvin Bragg, the Manhattan district attorney, indicted former President Donald Trump, I was critical of the case and called it an embarrassment. I thought an array of legal problems… Continue reading

FEC, in divided vote, permits GOP to spend legal funds on ads

April 18, 2024, 8:05 amUncategorizedNed Foley

In this proceeding (MUR #8071), the Commissioners have released statements explaining their reasons for their votes: 04/11/2024 Chairman Sean J. Cooksey 04/11/2024 Vice Chair Ellen L. Weintraub and Commissioner Shana M. Broussard 04/10/2024 Commissioners Allen J. Dickerson and James … Continue reading

“How a Pandemic Malaise Is Shaping American Politics”

March 25, 2024, 7:05 amUncategorizedRick Hasen

NYT: In March 2020, when Joseph R. Biden Jr. and Donald J. Trump competed for the White House for the first time, American life became almost unrecognizable. A deadly virus and a public health lockdown remade daily routines with startling… Continue reading

Washington Post: Federalist Society Lawyers Are Conflicted About Working for a Second Trump Administration Amidst Demands for Greater Personal Loyalty

February 17, 2024, 6:41 amauthoritarian threats in USRick Hasen

WaPo: Now the dominant front-runner for his party’s presidential nomination, Trump has broken with many of the leaders and allies of the Federalist Society, a powerful conservative legal organization that boosted his campaign eight years ago and helped him stock… Continue reading

ELB Book Corner: Ann Southworth: “The Players and the Process”

February 15, 2024, 7:01 amcampaign finance, ELB Book Corner, Supreme CourtRick Hasen

I am pleased to welcome Ann Southworth to the ELB Book Corner, author of the new book, Big Money Unleashed: The Campaign to Deregulate Election Spending (Chicago). The discount code for ELB readers is BIGMONEY2023. This is the second… Continue reading

“RFK Jr.’s super PAC runs a $7M ad during the Super Bowl”

February 12, 2024, 7:32 amcampaign finance, campaignsRick Hasen

Politico: The super PAC backing Robert F. Kennedy Jr.’s presidential campaign aired a costly Super Bowl ad that didn’t just draw direct parallels between the independent candidate and his uncle, former president John F. Kennedy — it also used the… Continue reading

DNC Files FEC Complaint Claiming Illegal Coordination Against RFK Jr. and a Supportive PAC That is Allegedly Helping Him with Ballot Access

February 9, 2024, 7:14 amcampaign finance, campaignsRick Hasen

You can find the complaint here.

“Some Minnesota corporations quietly resume donations to election disputers”

January 30, 2024, 3:00 pmUncategorizedRick Hasen

Star Tribune: In the aftermath of the insurrection on the U.S. Capitol, many of Minnesota’s largest corporations publicly announced they were pausing campaign donations to all members of Congress, including those who joined Donald Trump’s push to block the certification… Continue reading

“Super PACs have broken records with their spending in Iowa”

January 14, 2024, 8:12 pmcampaign finance, campaignsRick Hasen

Politico: utside groups have poured tens of millions of dollars into Iowa to boost — or knock — the Republican presidential candidates. Since the start of 2023, super PACs have spent more than $85 million on TV ads across the… Continue reading

“Republicans Are Making ‘Dark Money’ Even Darker for 2024”

January 11, 2024, 6:45 amcampaign finance, federal election commissionRick Hasen

Roger Sollenberger for The Daily Beast: For years, dark money groups have enjoyed certain advantages that offer donors anonymity—putting the proverbial “dark” in “dark money.” But late last month, one small outside group quietly told election law regulators to shove… Continue reading

“FEC makes it easier for candidates to use campaign dollars to pay themselves”

December 15, 2023, 6:32 amcampaign financeDerek Muller

CNN: Starting next year, federal candidates can more easily use campaign funds to pay themselves salaries, under a rule approved Thursday by federal election regulators. The change, which the Federal Election Commission approved 5-1, is aimed at helping ensure… Continue reading

“Kevin McCarthy uses PAC to lavish cash on high-end resorts, private jets and fine dining”

December 7, 2023, 8:52 amcampaign finance, campaignsRick Hasen

LAT: Rambling above the rust-colored cliffs of the Palos Verdes Peninsula, the Terranea Resort is known for its ocean views, world-ranked spa and villas that can command $3,000 a night or more. The property is less well known as a… Continue reading