In the News
WILL Files Proposed Amicus Brief in Campaign Coordination Case, CRG v. GAB
The amicus group WILL represents includes Wisconsin Family Action, a 501(c)(4) organization, Center for Competitive Politics, the nation’s largest organization dedicated solely to protecting First Amendment political rights, and the Hon. Bradley Smith, one of the nation’s foremost experts on election law and campaign finance. Professor Smith, who is currently Visiting Copenhaver Chair of Law at West Virginia University, was nominated to the Federal Election Commission by President Clinton in 2000 and served for five years, including as Chairman of the Commission in 2004.The brief shows how and why 501(c)(4) groups like Wisconsin Family Action are legitimately concerned about the possibility of criminal prosecution in Wisconsin for their First Amendment protected free speech, The Center for Competitive Politics and Professor Smith add their expertise and show how the views of the GAB and the Milwaukee District Attorney that they should aggressively investigate political speech interfere with the First Amendment rights of 501(c)(4) groups. Groups like Wisconsin Family Action frequently work with persons – including elected officials – to promote causes and not candidates, yet under the GAB’s and Milwaukee District Attorney’s views, that type of routine contact with elected officials and candidates on matters of public concern will cause them to lose their constitutional right to speak on those same issues.
CCP
The Flash Flood of Misinformation Continues…
By Scott BlackburnIt turns out that one of those misled by the piece was … a writer for The New York Times. In Sunday’s column, “The Cost of Campaigns,” Times’ columnist Clyde Haberman inaccurately represents the paper’s own analysis: “This year, an analysis by The New York Times shows, more than half of broadcast advertising in the midterm elections has been paid for by groups that reveal little or nothing about their donors.” This is factually wrong. Wrong, wrong, wrong, and more wrong. As we have repeatedly shown, this overstates the amount of so-called “Dark Money” in elections by an order of magnitude, and therefore, the impact by at least that amount.While it is entertaining to rib the Times for not understanding their own analysis, the implications are more serious than that. This is how misinformation is created. An incomplete, misleading study is cited imprecisely in a prominent article. That article is referenced incorrectly in highly publicized opinion pieces. Soon those pieces will serve as the talking points for political pundits, which will become the three word tagline in political attack ads. Before you know it, the false claim that over half of all ads are paid for with “Dark Money” will become accepted “conventional wisdom” that “everybody knows.”
SCOTUS/Judiciary
Concurring Opinions: McCutcheon case produces flood of scholarly commentary — 40 works!
By Ronald K.L. CollinsThe decision in McCutcheon v. Federal Election Commission (2014) is barley six months old and it has already produced an abundance of scholarly commentary, including books, symposia, and articles — no fewer than 40 such works. And all of this before the revered Harvard Law Review issue dedicated to the last Supreme Court term finds its way to print. Ditto for the equally acclaimed Supreme Court Review. How times have changed. The days of waiting are over; we live in a wired era. That’s the good news. The bad news, of course, is: who can possibly begin to read all of this?
AP: Court: GOP governors group violated campaign law
By Dave GramMONTPELIER, Vt. (AP) — A court has determined that the Republican Governors Association violated campaign finance law in 2010 by taking in contributions larger than the state limit of $2,000 and that its attempt to set up a new independent expenditure political action committee didn’t get it around the law.
Bloomberg: Don’t Fix Judicial Elections. End Them.
By Jonathan BernsteinNow, I have no issue with acknowledging that judges are political actors. And that they are going to have at least some partisan ties, however they are chosen. The general approach judges take toward the law is going to be subject to political influence from voters, parties or interest groups.But this general influence works best in the case of judges when it’s indirect — that is, when it is exercised by governors who then appoint judges. Interest groups or activists who place a high priority on judicial philosophy or biases can get involved in trying to influence who gets elected governor. It’s one thing to elect a pro-business (or pro-labor) governor who then appoints pro-business judges; it’s quite another for business groups (or unions) to become the primary electoral constituency of those judges.
Candidates, Politicians, Campaigns, and Parties
NY Times: Would Stronger Parties Mean Less Polarization?
By Thomas B. EdsallThe intensity of polarized politics at every level of government now puts the dispute over political parties at the center of a debate among office holders, political scientists, legal experts and partisan activists. Is it possible that strengthening the parties could lessen polarization?The pro-party camp contends that many reforms have unintentionally fostered polarization: diminishing the clout of parties and party leaders undermines their role as a force for moderation and compromise.eeeeeeeNathaniel Persily, a professor of law at Stanford, is a proponent of strong, well-financed parties. Polarization, he wrote in an email to me, “is a cost of many of these good government reforms. It is almost an intended cost if you think about it.”
Watchdog: ND Democrat George Sinner calls for regulation on speech
By Rob Port“People deserve to know exactly who they are voting for,” Sinner said in an Oct. 21 news release. “That becomes more difficult if candidates and those in office are not being truthful in their political advertising. Commercial ads are already regulated based on this standard, so why not political ads? The stakes are high, and we should ensure our political process honored, respected, and is as transparent and honest as possible. In Congress, I promise to propose Truth in Politics legislation that would help ensure just that–honesty and integrity.”In the release, Sinner suggests the Federal Elections Commission regulate political advertising as the Federal Trade Commission regulates product advertising. The FEC requires only that a candidate place a disclosure on his ad. The FTC regulates product advertising to ensure claims have a certain level of accuracy.Sinner’s opponent, Republican incumbent Kevin Cramer, says the proposal runs contrary to the First Amendment.
Campus Reform: Public university violated federal election laws in promoting rally for Dem congressman, Bill Clinton, says lawyer
By Kaitlyn SchallhornThe email, obtained by Campus Reform, went out to the entire student body urging them to sign up for the Wednesday event using their school-issued email addresses. It was “[p]aid for by the New York Democratic Committee,” according to its signature, and also appears to violate the school’s long-standing policy against using resources to aid political candidates or causes, according to the school’s College Republican chapter.Cleta Mitchell, a political law attorney with Foley & Lardner LLP, examined the email and recommended the College Republicans group file a complaint with the Federal Elections Commission against both the university and Bishop’s campaign.“They are in violation of this section of the law because they are not supposed to show favoritism under the federal campaign finance laws,” Mitchell said.
Wisconsin
AP: Judge Extends Block on Wisconsin Campaign Law
MADISON, Wis. (AP) – A federal judge has extended until Nov. 12 his order blocking a Wisconsin campaign coordination law that’s at the center of an investigation into Gov. Scott Walker’s 2012 recall campaign and more than two dozen conservative groups.U.S. District Judge Rudolph Randa on Wednesday extended his temporary restraining order blocking enforcement of the law until Nov. 12. He issued the original order on Oct. 14 and it would have expired on Oct. 28 without further action.
State and Local
New York –– AP: US prosecutor continues probe of Albany corruption
ALBANY, N.Y. — The federal prosecutor who took over the files of New York’s Moreland anti-corruption commission said Wednesday that investigations into Albany’s pay-to-play politics are continuing and declined to say when they’ll be finished.
