Archives for the month of: April, 2012

Florida election law review will extend into July.

So says the Associated Press.

“A federal court review of Florida’s new election law will extend into July, just a month before the Aug. 14 primary. A Department of State spokesman on Monday said Florida is prepared to use two election laws if the U.S. District Court in Washington, D.C., doesn’t rule before the primary.”

My previous thoughts on Florida’s dual election system under HB1355 can be found here.

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Unfortunately, I do not have time right now to chime in on the very important ballot measure committee contribution disclosure lawsuit, ProtectMarriage.com, which is before the U.S. Court of Appeals for the Ninth Circuit.  I’ve served as an expert in several campaign finance lawsuits across the country, including the case California Pro-Life Council v. Getman (9th Cir. 2005), when my research was used to bolster the constitutionality of California’s ballot measure disclosure requirements.  I must say that it’s gratifying to see that my 2005 Election Law Journal article with Elizabeth Garrett that details the deceptive practices of “Veiled Political Actors” is once again being used to support the case for the public disclosure of the activities of ballot issue committee, as required under California’s Political Reform Act.

If you’re interested in the topic, I’d urge you to read the Campaign Legal Center’s amicus brief filed in ProtectMarriage.com v. Bowen

As the Legal Center points out in its press release, “In the last decade alone the Supreme Court has upheld disclosure laws by votes of 8-1 three times, most recently in Doe v. Reed.  In his concurrence in the case, Justice Scalia made very clear the importance of transparency to the health of our democracy:

Requiring people to stand up in public for their political acts fosters civic courage, without which democracy is doomed.  For my part, I do not look forward to a society which, thanks to the Supreme Court, campaigns anonymously (McIntyre) and even exercises the direct democracy of initiative and referendum hidden from public scrutiny and protected from the accountability of criticism.  This does not resemble the Home of the Brave.”

As the lead author of the “Direct Democracy Scholars” amicus brief in Doe v. Reed, I couldn’t agree more with Justice Scalia’s wise words or the Campaign Legal Center’s analysis.

Check it out, if you haven’t already.

Last week, the reconstituted Committee for the Re-Election of the President registered with the Federal Election Commission.

Nice stories in ProPublica and Bill Moyers Journal about the illuminating CREEP Super PAC created by my former University of Florida undergraduate student, Robert Lucas, and his effort to shed light on the shady world of Super PACs.

Contribute your voice, if not your money, here.

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