2008 Supplement to ABA “America Votes!” Book Now Available

…2 1. Moyer v. Cortes 12 2. NAACP-SCP v. Cortes 12 J. Virginia 12 1. McCain-Palin 2008 v. Cunningham 12 2. Virginia NAACP v. Kaine 13 K. Wisconsin 13 1. Van Hollen v. Government Accountability Board 13 V. Post–Election Day Litigation in 2008 13 A. Alabama 13 1. United States v. Alabama 13 B. Ohio 14 1. Skaggs v. Brunner 14 2. Ray v. Franklin County Board of Elections 14 C. Texas 14 1. Texas Democratic Party v. Bettencourt 14 D. Virginia 14 VI. Obse…

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Virginia Found to Have Violated UOCAVA

…The Richmond Times-Dispatch has this story and UPI this one on today’s proceedings in McCain-Palin 2008 v. Cunningham. U.S. District Judge Richard Williams reportedly ruled that late-arriving overseas ballots don’t have to be counted because the election has been certified, but said that the U.S. Department of Justice and the State Board of Elections should work out a remedy for the next election….

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The Politico on the Prospect of a 60-Seat Senate

…Here. My guess is that Franken ends up with Minnesota. I have no idea what will happen in Alaska; the best bet for Republicans is a Stevens win followed by a resignation/plea deal followed by a special election (Senator Palin?). In Georgia, the only polling I’ve seen has the Republican ahead by three points, but I imagine that Democrats will push hard here as well….

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What Happens if Senator Stevens Resigns, Etc.?

[Before reading this post, see this updated post.] Governor Palin could appoint someone to fill the remainder of Senator Stevens’ term, which runs until January. Here is the relevant portion of the Alaska Code: Sec. 15.40.010. Conditions and time of filling vacancy by appointment and special election. When a vacancy occurs in the office of United States senator, the governor, at least five days after the date of the vacancy but within 30 days aft…

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For Those Who Gave Me Grief About My Palin Withdrawal Post

…time, she has a net-negative fav/unfav rating (38%-47%), the only principal to carry that distinction. What’s more, 55% think she’s unqualified to serve as president if the need arises, which is a troublesome number given McCain’s age. (Have worries about McCain’s age risen because of Palin? Seems to be the case). In fact, her qualifications to be president rank as voters’ top concern about a McCain presidency — ahead of continuing Bush’s policie…

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“‘Fraud’ vs. ‘Suppression'”

…Ben Smith has this interesting post on the presidential campaigns sparring over ACORN. Interesting stuff over at TPM (and here). Tom Matzzie’s take is here. My take on the ACORN controversy is here. MORE: Don’t miss Marc Ambinder on Trevor Potter and the voter fraud question, and TPM showing a video of Gov. Palin alleging anger over “unconscionable voter fraud” occurring in Pennsylvania and elsewhere….

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“McCain-Palin 2008 Launches ‘Honest and Open Election Committee'”; Will It Make A Difference in the Election Administration Wars?

…election law. The diverse composition of the committee reflects the McCain-Palin campaign’s desire to put partisan politics aside in the hope of seeing a fair and transparent election in November…. The Honest and Open Election Committee requested a dialogue between the McCain-Palin campaign and both the Democratic National Committee and the Obama-Biden campaign in letters sent today. You can find out more about the efforts here. (Note that the fir…

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Dusting Off the Explainer

…e was my speculation (now quite unlikely) that Sen. McCain might drop Gov. Palin from the ticket. I started thinking about the Explainer this morning when I read this Los Angeles Times article on Sen. Biden releasing 10 years of his tax records. The article concludes by noting: “Biden, who underwent brain surgery for a life-threatening aneurysm in 1988, has yet to release his medical records.” Andrew Sullivan has been beating this drum for some ti…

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Did ABC News Bury the Lede?

…ie? GIBSON: The Bush — well, what do you — what do you interpret it to be? PALIN: His world view. GIBSON: No, the Bush doctrine, enunciated September 2002, before the Iraq war. PALIN: I believe that what President Bush has attempted to do is rid this world of Islamic extremism, terrorists who are hell bent on destroying our nation. There have been blunders along the way, though. There have been mistakes made. And with new leadership, and that’s th…

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The Obama Money Situation

…s outside resources. Instead, he needs groups that can go more negative on Palin and McCain. Obama is trying to run as a different kind of politician, and it would interfere with his branding to go overly negative. But outside can attack in ways that Obama cannot (think of the recent union ads attacking the cost of McCain’s shoes), and with the race tightening, especially in the battleground states, negative advertising probably is what the campai…

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A Palin Withdrawal Scenario

…pick was announced, discussing whether and how Sen. McCain could withdraw Palin as his VP candidate if necessary. The post was characterized by some as “liberal wishful thinking.” Perhaps. But with the many revelations about governor Palin, perhaps most importantly her ties to the Alaska secessionist party, the American Independence Party (whose leader has suggested that members “infiltrate” the two major parties), I think withdrawal of the expec…

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Stanford Law and Policy Review Publishes Symposium on Law of Lobbying

…ESSAY ON ETHICAL LOBBYING, CAMPAIGN CONTRIBUTIONS, RECIPROCITY, AND THE PUBLIC GOOD Thomas M. Susman LOBBYING IS AN HONORABLE PROFESSION: THE RIGHT TO PETITION AND THE COMPETITION TO BE RIGHT Nicholas W. Allard ANONYMITY AND ITS DUBIOUS RELEVANCE TO THE CONSTITUTIONALITY OF LOBBYING DISCLOSURE LEGISLATION William V. Luneburg LOBBYING AND CAMPAIGN FINANCE: SEPARATE AND TOGETHER Richard Briffault WISCONSIN RIGHT TO LIFE AND THE RESURRECTION OF FURGA…

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If Sarah Palin is McCain’s Harriet Miers, Can She Be Replaced by Sen McCain?

…l difference too: Miers infuriated the conservative Republican base, while Palin, if she appeals to any constituency in the party, appeals most to conservatives. But suppose that because of the “heartbeat away” concerns, there is an outcry to replace Palin on the ticket. Could Sen McCain do so if he wanted to? Of course, if it happens before the convention vote, there would be no issue. But even after the convention, as far as the Republican rules…

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The Political Importance of the Post-Convention Bounce

…I offer some thoughts to Marc Ambinder. UPDATE: More bounce: Now Obama has an 8 point lead. These figures do not include polling from last night’s well received speech by Obama or Sen McCain’s bombshell pick of Sarah Palin. The earlier polls did not show an immediate Biden bounce, but we won’t ever know if a Palin bounce would be hidden in the continued uptick I expect to see after the speech last night….

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Is the American Issues Project Breaking Campaign Finance Law?

…expenditures are not political expenditures but are devoted to grassroots lobbying and education on issues, public policies and other communications, activities and programs appropriate to a 501(c)(4) social welfare organization in accordance with all applicable provisions of the Internal Revenue Code.” Whether the group really is going to spend more on such activities than the significant anti-Obama ad buy remains to be seen. It is interesting t…

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“ACLU-NCLF Files Lawsuit Against North Carolina State Board of Elections Challenging Total Ban on Lobbyist Contributions”

…he contributions is, ever has been, or will be the object of Ms. Preston’s lobbying efforts. “I understand that lobbyists may be subject to reasonable restrictions on when we can give campaign contributions and how much we can give to campaigns, but the North Carolina law goes way too far,” said Preston. “Barring lobbyists from ever being able to give even one dollar to a candidate we believe in, just because of our chosen profession, is unfair, u…

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“NAM seeks to protect lobbying partners”

…tice John G. Roberts, Jr., to temporarily bar enforcement of a new federal lobbying law designed to force public disclosure of donations to the trade group’s lobbying by its members — including major corporations. In an emergency application (NAM v. Taylor, et al., 07A848), the Association asked Roberts for an injunction against the law and a temporary stay, pending its appeal of a federal judge’s ruling upholding the new disclosure mandates.” UPD…

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“Mukasey Urged to Step Up Efforts to Enforce Lobbying Disclosure Law”

…BNA has this story (subscription required), which reports that the Campaign Legal Center has urged the Attorney General “to beef up efforts to enforce the Lobbying Disclosure Act, following reports by BNA that the Justice Department has done little to enforce the lobbying law, except to write letters to possible violators.”…

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Jim Bopp’s Next Step: Challenging McCain-Feingold’s Disclosure Provisions for Issue Ads

…mpaign finance law that limits certain broadcast ads, including grassroots lobbying, during federal campaigns As it prepares to release its hard-hitting political documentary, Hillary: The Movie, Citizens United is challenging the current FEC laws that requires issue ads to include a disclaimer and groups running issue ads to file a report on their contributors, arguing the ads for the film are commercial ads, not political ads that can be regulat…

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“Super Donors”

…Eliza Newlin Carney has written this cover story (free access) for the new issue of National Journal. A brief description from the website: “A small group of lobbyists routinely hits the limit (now $108,200) on what an individual may donate to candidates — and political parties and political action committees. Some are driven by their passion for politics. Others see it as a necessary extension of their lobbying work.”…

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When Will the Mississippi Governor Have to Call the Special Election for Sen. Lott’s Seat?

…be able to lobby his colleagues in one year, rather than two under the new lobbying law), Gov. Barbour would have to call an election in early 2008, not November. As I read the statute, the Governor has 10 days to issue a proclamation setting a special election after receiving official notice of the vacancy, and it must be set within 90 days from the time of the proclamation. The only exception to this rule applies when “the vacancy shall occur in…

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