Daily Media Links 6/11: Judge Grants Fees in Election Day Campaign Ban Case, IRS Targeting Program Update, and more…

June 11, 2013   •  By Joe Trotter   •  
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CCP
 
Judge Grants Fees in Election Day Campaign Ban Case 
By Joe Trotter
“Banning political speech, particularly on Election Day, is nonsensical,” said CCP President David Keating. “The law clearly infringed on North Dakotans’ First Amendment rights.”
“Candidates such as U.S. Senate candidate Heidi Heitkamp were able to use their constitutionally-protected right to campaign on election day,” said plaintiff Gary Emineth.  ”Although some North Dakotans criticized the lawsuit, the government was encroaching on our rights as citizens, which is why the lawsuit was necessary.”
Allen Dickerson, CCP Legal Director, noted “North Dakota’s blanket prohibition, on its face, criminalized the mere act of discussing a favored candidate with friends and neighbors, or failing to remove a yard sign. The state has no legitimate interest in banning these activities, and the First Amendment does not permit it to do so.”
Judge Hovland’s injunction has been selected for publication. 
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IRS Targeting Program Update 
By Joe Trotter
As damning as the newly revealed details are, the who, when, and why are ultimately ancillary questions.  The most important question stemming from the scandal is really how, in a country where the first limit on government enshrined in the Constitution is freedom of political expression, do we have an agency filled with unaccountable bureaucrats with the power to judge what constitutes political expression?  
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Independent Groups
 
The Hill: Top Oversight Dem: IRS scandal ‘solved,’ time to ‘move on’
By Meghashyam Mali 
The top Democrat on the House Oversight Committee Elijah Cummings (D-Md.) on Sunday said the scandal over the Internal Revenue Service targeting of Tea Party groups was “solved,” and that he was ready to “move on.”
“Based upon everything I’ve seen the case is solved,” said Cummings on CNN’s “State of the Union.” “And if it were me, I would wrap this case up and move on to be frank with you.”
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Washington Times: Rep. Darrell Issa slams Rep. Elijah Cummings: IRS scandal is not ‘solved’ 
By Jessica Chasmar
“The American public wants to know why targeting occurred and who was involved. The testimony excerpts Ranking Member Cummings revealed today did not provide anything enlightening or contradict other witness accounts. The only thing Ranking Member Cummings left clear in his comments today is that if it were up to him the investigation would be closed. Fortunately, the decision to close the investigation is not his to make. Both House Ways and Means Committee Chairman Dave Camp and I are committed to leading a fact based investigation that fully exposes all relevant facts about IRS efforts to target Americans for their political beliefs.”   
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Soft Money Hard Law: Lying in Campaigns—and the Functions of Super PACs
By Bob Bauer
Among several issues of note, one stands out as illustrating the complications besetting the current federal campaign finance structure. If there is more lying in politics, we might expect this to correlate with an increase in the number and activities of Super PACs. The link that comes most immediately to mind is the connection many draw between Super PAC advertising and hyperbolic campaign advertising. This may not be the only connection or even the key one. Federal candidates contending with proliferating false speech may also need Super PACs for their defense, for want under the regulatory regime of an alternative source of funds to deflect or manage maliciously false charges. 
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Politico: The nonprofits that profit politicians 
By Alexander Burns
Amid the spring uproar over the Internal Revenue Service targeting conservative nonprofit groups for extra scrutiny, the political world has largely overlooked a fresh innovation in the world of outside spending: nonprofits organized around broad issues of public interest that actually function to advance the ambitions of a single potential candidate.  
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Candidates, Politicians and Parties

 
LA Times: Republican donors, RNC push in different directions 
By Maeve Reston
“We have to open the tent to a broader constituency,” said Anthony Scaramucci, a national finance co-chairman who helped lead Romney’s fundraising operations in New York.  
“The party needs to tie itself to social inclusion and fiscal responsibility. That means any race, any creed, any sexual orientation, any issue related to the reproductive power of women — any of those groups need to feel at home in the Republican Party,” Scaramucci said.  
 
State and Local
 
New York –– AP: Public financing advocates target key NY senators 
A bipartisan group of business leaders and good-government advocates are trying to pressure the Independent Democratic Conference to force a vote in the Senate on public financing of campaigns in New York.
Business operators, the Sierra Club, former Rep. Sherwood Boehlert (BOH’-lert), and former New Jersey Sen. Bill Bradley are among those trying to pressure the conference.
 
Wisconsin –– Journal-Times: Lawsuit filed on Racine man’s behalf challenging campaign contribution limit  
By Kristen Zambo
RACINE — A nonprofit Wisconsin law firm filed a federal lawsuit on behalf of a Racine man on Thursday challenging the constitutionality of the state’s law capping campaign contributions to politicians and political organizations during a campaign year.  
In his suit, which was filed in U.S. District Court in Milwaukee against members of the Wisconsin Government Accountability Board, Racine resident Fred M. Young Jr. states that Wisconsin’s finance cap of $10,000 per year is unconstitutional, violating his First Amendment right to freedom of speech.  
 
Wisconsin –– AP: Bill would increase political donation limits 
MADISON, Wis. (AP) – Assembly Democrats and Republicans are collaborating on a bill that would increase political donation limits – doubling them – and allow voters to register online.  
 

Joe Trotter

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