Daily Media Links 10/24: When an FEC Commissioner Hits the Campaign Trail, Mailers on Supreme Court elections cause stir, and more…

October 24, 2014   •  By Scott Blackburn   •  
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FEC
 
National Review: When an FEC Commissioner Hits the Campaign Trail: A federal official is pushing Democratic talking points in battleground states.  
By Brendan Bordelon
The top Democratic commissioner at the bipartisan Federal Election Commission is traveling to battleground states weeks before November’s midterm elections, engaging in what a former commissioner and anFEC observer call an “unprecedented” and “totally inappropriate” attempt to ignite public opposition to the Citizens United decision and promote Democratic positions on campaign finance.
Ann Ravel is vice chairman of the FEC, a six-member commission tasked with regulating campaign-finance laws in the United States. Composed of three Republicans and three Democrats, the commission’s chairmanship rotates each year, with Ravel’s term beginning in 2015.
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IRS
 
United States District Court for the District of Columbia: True the Vote v. IRS Opinion
Unless an actual, ongoing controversy exists in this case, this Court is without power to decide it. See Clarke v. United States, 915 F.2d 699, 700-01 (D.C. Cir. 1990). Even where a case once posed “a live controversy when filed, the [mootness] doctrine requires” the Court “to refrain from deciding it if ‘events have so transpired that the decision will neither presently affect the parties’ rights nor have a more-than-speculative chance of affecting them in the future.’” Id. (quoting Transwestern Pipeline Co. v. FERC, 897 F.2d 570, 575 (D.C. Cir. 1990)). Here, after the plaintiff initiated this case, its application to the IRS for tax-exempt status was approved by the IRS.
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Wisconsin

Wall Street Journal: Prosecutors Donate to Democrats 
Editorial
Wisconsin’s campaign prosecution farce has come full circle. This time last year, Milwaukee’s Democratic prosecutors raided homes and issued a flurry of subpoenas to conservative groups as part of a secret investigation into alleged campaign-finance coordination. With Governor Scott Walker ’s allies duly silenced, Democrat Mary Burke coincidentally announced her candidacy to challenge Mr. Walker days later.
Now, two weeks before the election, the Democratic candidate is cashing in on this in-kind campaign contribution from prosecutors. On Tuesday the millionaire business scion launched a campaign ad calling Mr. Walker’s tenure “four years of political fistfights, criminal convictions, and secret donations.” Hours later, Milwaukee County Executive Chris Abele released 16,000 emails from the state’s first secret probe of employees during Mr. Walker’s time as county executive before he became Governor.
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Townhall: Free Speech Victory Vindicates Governor Scott Walker, Conservatives 
By Ken Blackwell 
A free speech courage award should go to U.S. District Judge Rudolph Randa for his recent ruling blocking theenforcement of part of Wisconsin’s campaign finance law that prohibits “coordinated issue advocacy” between outside groups and candidates. Liberal, overzealous Badger State prosecutors have tried to use a very subjective interpretation of the law as justification for their four-year, failed witch hunt to try and bring down Governor Scott Walker and his allies.
Earlier this year, the same Judge Randa ordered a shut-down of the nefarious so-called “John Doe” investigation – a secret probe launched in 2012 by partisan Democrat District Attorney John Chisholm against 29 conservative groups for allegedly “coordinating” with political candidates during the 2011 and 2012 Wisconsin recall elections. The investigation, in which witnesses were sworn to secrecy, was carried out in KGB-style fashion, including pre-dawn raids on the private residences of stunned citizens who had their computers and other possessions confiscated.
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Wisconsin Reporter: Report: No district attorney will investigate District Attorney John Chisholm  
By M.D. Kittle 
MADISON, Wis. — Of the 48 Wisconsin district attorneys asked to investigate allegations that Milwaukee County District Attorney John Chisholm abused his power in launching a secret investigation into conservatives, not one is available to take on the job, according to a new report by Dodge County District Attorney Kurt F. Klomberg.
Klomberg’s report Wednesday came in response to a request that the prosecutor investigate Chisholm following a former Milwaukee County special prosecutor’sclaim that Chisholm’s investigation was part of a personal vendetta against Gov.Scott Walker and his supporters.
“How is it possible that John Chisholm has the manpower to carry out a years-long abusive investigation targeting his political opponents, but no other law enforcement agency in the state has the capacity to investigate Chisholm?” asked Chris Kliesmet, president of Milwaukee-based Citizens for Responsible Government, the group that asked Klomberg to investigate.
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AP: Appeals court rejects Wisconsin Club for Growth request to reconsider John Doe ruling  
The 7th U.S. Circuit Court of Appeals on Thursday rejected the request from Wisconsin Club for Growth to rehear the case after a three-judge panel last month sided with investigators.
The court overturned a ruling that halted the probe into Gov. Scott Walker’s 2012 recall campaign and more than 29 conservative groups. The judges said legal issues around the investigation should be resolved in state courts.
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Independent Groups
 
Watchdog.org: Campaign finance ruling trouble for single-payer group Vermont Leads  
By Bruce Parker 
According to a statement from the Attorney General’s Office, the RGA can expect civil penalties of $10,000 for each violation of Vermont’s campaign finance rules. The rules say PACs that contribute to candidates or parties are prohibited from accepting donations in excess of $2,000.
After reviewing an earlier 2011 decision, the Vermont Superior Court, Washington Unit, ruled that the RGA is not an independent-expenditure-only committee — also known as a super PAC — and therefore must abide by the state’s cap on incoming donations.
All eyes now turn to Vermont Leads Inc., which is under investigation for the same violation.
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AP: Mailers on Supreme Court elections cause stir  
By Matt Volz
HELENA, Mont. (AP) — Official-looking mailers are arriving at Montana homes that rate how liberal or conservative the four nonpartisan candidates for Montana Supreme Court are, and compare their political ideologies to those of President Barack Obama and former Republican Massachusetts Gov. Mitt Romney.
The mailers, which are not from the state, have led to a spike in complaints filed with the commissioner of political practices less than two weeks before the Nov. 4 elections.
The fliers are actually part of a faculty research project by Stanford University and Dartmouth College. Stanford University spokeswoman Lisa Lapin confirmed the connection to the school’s political science department on Thursday, but could provide few details.
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More Soft Money Hard Law: Thinking about the Paths for Campaign Finance Regulation 
By Bob Bauer
Arguments about the prospects for campaign finance regulation now fall broadly into three categories: (1) close up loopholes; patch up the rulebook; (2) wait for scandal to break the logjam; and  (3) rethink the issues.  In recent weeks, we’ve had clear restatements of these alternatives.   
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Scott Blackburn

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