National: The End of Contribution Limits? | Roll Call

Alabama businessman Shaun McCutcheon and his GOP allies insist their Supreme Court challenge to a cap on overall campaign contributions in one election cycle doesn’t dispute the constitutionality of the “base” limit on how much an individual can give to a single candidate in a single election. “This case is not about base limits; they make sense,” said McCutcheon, whose challenge in McCutcheon v. Federal Election Commission is scheduled for oral argument before the Supreme Court on Oct. 8. “The corruption argument on base limits is pretty solid. If you were running for Congress and I gave you $1 million, wouldn’t you owe me?” The Republican National Committee has joined McCutcheon in arguing that the aggregate limits muzzle free speech. Indiana lawyer James Bopp Jr., who is representing the RNC in the case, also stresses: “We’re not challenging base limits in this case.” The case is shaping up as a key test of how far this high court is willing to deregulate the campaign finance system.

National: Senate confirms Obama’s FEC nominees | Politico.com

The Senate on Monday confirmed President Barack Obama’s two nominees to the Federal Election Commission, giving the panel its first new members since the George W. Bush administration. Democrat Ann Ravel and Republican Lee Goodman were approved by unanimous consent in a brief voice vote on the Senate floor. The commission — a six-member panel that regulates political spending on campaigns and elections — has been operating with just five commissioners since the spring when chairwoman Cynthia Bauerly departed for the private sector. Last week, Bauerly’s successor as chair Donald McGahn also left the commission to return to practicing law at Patton Boggs.

National: In a new campaign funding case, the Supreme Court may lift a lid on the total the wealthy can give to all candidates and parties | Los Angeles Times

In what may be Act 2 in the decline and fall of campaign funding laws, the Supreme Court appears poised to lift the lid on the total amount the wealthy can give directly to all candidates and political parties. Increasingly, the money that funds election races for Congress and the presidency comes from a small sliver of the very rich, what the Sunlight Foundation called the “elite class that serves as gatekeepers of public office in the United States.” The nonpartisan group has tracked how a growing share of election money comes from the top 1% of the wealthiest Americans. In the first major case of its new term, the court could give those donors even more clout with lawmakers and their parties. The issue is whether federal limits, not on contributions to individual races but on how much a donor can give to all candidates for Congress or party committees in a particular election cycle, violate the right of free speech.

National: White House: Americans Can Register To Vote When Signing Up For Obamacare | TPM

Americans will be able to register to vote when applying for insurance through Obamacare, a White House official told TPM Tuesday, despite reports to the contrary and outcry from congressional Republicans. Mother Jones reported earlier Tuesday on a report from progressive groups, which asserted that the Obama administration was planning to back down from its plan to offer voter registration on the federal marketplace, which will cover 36 states. The source of the claim is unclear, which the Mother Jones article acknowledged, but it sparked some panic among liberal activists. Not to worry, a senior administration official told TPM: Voter registration through the health insurance marketplaces will continue as planned. The official said any reports to the contrary were “inaccurate.” Insurance applications filed under the health care reform law are required by law to have a section for voter registration. The 1993 National Voter Registration Act mandates that any government agencies providing government services must also provide people with access to voter registration.

National: GOP plans to change primary calendar with eye on White House | The Detroit News

Republican National Committee Chairman Reince Priebus said Friday he’ll move up the national convention, shorten the primary season and hand-pick debate hosts to improve the chances of a Republican winning the White House in 2016. “This is what we need to do to protect our party,” said Priebus, speaking to Michigan Republicans at the Grand Hotel. Before the dinnertime crowd, Priebus outlined his high profile effort to transform the primary calendar in wake of brutal and protracted primary season in 2012 that ended with a loss for GOP nominee and Michigan native Mitt Romney. Priebus wants to move the national convention from August to June. By choosing the nominee earlier, the candidate can spend general fund campaign dollars against the Democratic opponent well in advance of the November election.

National: The Recall Is the New Normal: The Rise of the Permanent Campaign | Pacific Standard

Last week, in a first for the state of Colorado, two state legislators were recalled by their constituents. Senator Angela Giron (D-Pueblo) and Senate President John Morse (D-Colorado Springs) were sent packing in large part due to their votes in favor of new gun laws passed and signed into law earlier this year. As I’ve noted elsewhere (here and here), recall elections are a rarity in the United States, but they’re becoming increasingly common. There have only been 38 state legislative recall elections since states first began adopting the procedure in 1908. Seventeen of those—nearly half—have occurred just since 2010. And some of them, particularly the recent Colorado ones, would have to be labeled as political successes for their backers. A vocal and passionate minority (in this case, gun owners) wanted to punish some lawmakers for their votes and send a message of intimidation to others. They did that. My guess is that the recall will only become more popular in the coming years. Now, I remember quite a few people predicting the same thing after the successful 2003 recall of California Governor Gray Davis. In fact, it would be another five years before anyone would attempt to recall a state legislator, and another three years after that until an attempt to unseat another governor. Why would it not catch on then but catch on now?

National: Tea party wants socialist treatment | Politico.com

A national tea party group is asking for permission to keep their donors secret — just like the socialists. Citing a long litany of harassment examples, the Tea Party Leadership Fund is asking the Federal Election Commission for the same right granted to the Socialist Workers Party to shield the names and information of their donors from the public. In a new request to the FEC shared with POLITICO, the group argues that tea party donors and activists are being targeted for harassment by government officials and private groups — and they cite derogatory comments by politicians and overbearing government investigations as evidence. “Nobody likes the communists and really for good reason,” said Dan Backer, the attorney for the group who wrote and filed the complaint. But, Backer said, the same legal principle that grants left-wring groups the right to hide their donors should also cover tea party groups. “As we very thoroughly document at almost three times the length of the socialist request, tea party supporters are subject to an unprecedented level of harassment and abuse,” Backer said. If the tea party request is granted, the decision could open the floodgates to outside groups, candidates and political parties who want to hide their donors with the government’s blessing. “This will be the beginning of a conversation about the burdens and the perils of disclosure,” Backer predicted.

National: FEC Nominees Win Rules Committee Endorsement | The Center for Public Integrity

President Barack Obama’s two nominees to the Federal Election Commission — an agency rife with ideological discord and often gridlocked on key issues before it — today won unanimous approval from the Senate Rules and Administration Committee. The nominations of Republican Lee E. Goodman and Democrat Ann Ravel now move to the full Senate, which must confirm Goodman and Ravel before they’re appointed to the FEC. The Rules Committee had originally scheduled a nomination vote for Monday but delayed it because it failed to reach a quorum. “The Commission is designed to play a critical role in our campaign finance system,” Sen. Chuck Schumer, D-N.Y., the Rules Committee chairman, said in a statement. “It is my hope that, once confirmed, Mr. Goodman and Ms. Ravel will work hard to restore the agency to a fully functioning independent federal watchdog for the nation’s campaign finance laws.”

National: Former FEC chairman Donald McGahn resigns from panel | The Washington Post

Donald F. McGahn, the controversial former chairman of the Federal Election Commission, resigned from the panel on Tuesday to return to private law practice, ending what campaign-finance reform advocates and political practitioners called one of the most consequential tenures in the commission’s 38-year history. McGahn, a Republican who had served on the FEC since 2008, clashed frequently with Democrats as he helped push a conservative interpretation of campaign-finance laws and persistent skepticism about government oversight of political campaigns. McGahn will leave to become a partner at Patton Boggs, which has one of Washington’s leading election law practices.

National: PACs spent more at state level than on federal campaigns | Washington Post

Political action committees spent more money on state-level candidates in just 23 states during the 2012 election cycle than they did on federal candidates in all 50 states, according to a new analysis. The analysis from the Sunlight Foundation shows state-level PACs dished out $1.4 billion to candidates running for governor, attorney general, state legislative and other non-federal offices in those states. All told, PACs spent $1.2 billion on federal candidates. State PACs do not have to report their spending to the Federal Election Commission. Instead, they report to campaign finance organizations in the states in which they spend money, all of which have different rules for reporting, disclosure and spending.

National: Electronic voting machines becoming obsolete | The Salt Lake Tribune

How will voters cast ballots in the future? “That is the million-dollar question when I meet with other election officers and directors,” said Utah Elections Director Mark Thomas. In 2002, Congress passed the Help America Vote Act (HAVA), making available billions of dollars in funding for states to purchase electronic voting machines — then new and controversial technology aimed at eliminating a repeat of the hanging-chad debacle of the 2000 presidential election. “The manufacturer is no longer building them,” Thomas said of the 7,500 electronic machines the state purchased with its $28 million. “The parts will get scarce, and the technology will become obsolete. We’ll work through that as best and as long as we can, but at some point we’ll have to do something different.” That “something different” has yet to be clearly defined — but as current machines age out of use, counties and states will be on the hook to devise and fund their own changes. “Money is a big driver,” Thomas said. “We had HAVA money a decade ago, but that has since dried up. “We wish we had a crystal ball,” he added.

National: Chief Justice Roberts holds key in campaign-finance case | USAToday

Limits on federal election campaign contributions that have stood for nearly 40 years appear ready to fall unless Supreme Court Chief Justice John Roberts rescues them, as he did President Obama’s health care law. That’s the growing assessment of legal experts on the left and right who are gearing up for the first big case of the high court’s 2013 term, one that could fortify the Roberts court’s opposition to restrictions on campaign spending. Three years after their blockbuster decision in Citizens United v. Federal Election Commission struck down limits on independent spending by corporations and labor unions, the justices are being asked to eliminate the ceiling on what wealthy donors can contribute to federal candidates, parties and political action committees. Limits on each donation would be retained, but donors would be allowed to make as many as they like. The case pits the First Amendment’s freedom of speech against the government’s interest in stopping political corruption — and Roberts, more than any of his colleagues, is the man in the middle. He has ruled five times in a row against restrictions on political speech, but unlike several of his conservative colleagues, he has not debunked limits on federal contributions.

National: After Contentious, Impromptu Debate on Enforcement Procedures, FEC Deadlocks on Two Advisory Opinion Requests, Approves a Third | In the Arena

Before the Federal Election Commission took up the scheduled agenda at today’s public meeting, a contentious debate broke out over its continued inability to agree on whether and how to revise its enforcement procedures. Commissioners have disagreed over how to handle fact-finding during enforcement investigations, as well as proposed guidelines on information sharing with the Department of Justice. In an hour-long back-and-forth, Commissioners McGahn, Hunter and Petersen all called for prompt consideration of the proposed Office of General Counsel (OGC) Enforcement Manual. Commission Chair Weintraub acknowledged that she had placed a hold on consideration of the manual, but criticized McGahn for publicly discussing the matter. While she did not explicitly state when she would remove the hold, Weintraub argued that only after a new general counsel is appointed and two new Commissioners are confirmed by the Senate would there be enough of a “level playing field” to warrant a vote on the manual. (There is currently one vacant seat on the Commission, and McGahn has announced his plans to leave in the near future.) Commissioner Walther (via phone connection) said that while the agency had made “unprecedented improvements in transparency” regarding its enforcement procedures, it needed to go further. Eventually, Chair Weintraub brought the discussion to a close, citing the fact that the matter was not included on the agenda.

National: GOP State Officials Blame Republican Obstructionism For Blocking Voting Restrictions | TPM

There’s a deep irony about a joint lawsuit Republican state officials in Arizona and Kansas have filed against the Obama administration in order to require voters to present proof of citizenship in order to register to vote: Republicans’ own national obstructionism on voting rights is a key blockade for the state-level restrictions to go through. The lawsuit, filed by Arizona Attorney General Tom Horne, Arizona Secretary of State Ken Bennett and Kansas Secretary of State Kris Kobach and following Scalia’s guidance issued in the Supreme Court case this July, claims that the Obama administration is illegally blocking Arizona and Kansas’ efforts to require proof of citizenship for registering to vote. The suit argues that failing to staff the vacant Election Assistance Commission (EAC), which is charged with overseeing voter registration guidelines related to the national voter registration form, is blocking these states’ ability to change their voter registration processes. “The lack of quorum unconstitutionally prevents Plaintiffs, in violation of the Tenth Amendment, from exercising their constitutional right, power, and privilege of establishing and enforcing voting qualifications, including voter registration requirements,” the states said in their complaint.

National: Senate committee delays vote on FEC nominees | Center for Public Integrity

President Barack Obama’s two nominees to the Federal Election Commission must wait a little longer for the Senate Rules and Administration Committee to vote on their nominations. Only Sen. Chuck Schumer, D-N.Y., appeared at this morning’s scheduled meeting, announcing that the committee had failed to reach a quorum, and therefore, couldn’t conduct a vote. But Schumer, the committee’s chairman, added during brief remarks that a vote on the FEC nominees — Democrat Ann Ravel and Republican Lee Goodman — could come as “early as tomorrow.” Rules Committee staff explained that senators could conduct a vote on Goodman and Ravel without scheduling another formal meeting, instead gathering together during a break in action when the full Senate meets in session. The Rules Committee’s recommendation would be forwarded to the full Senate, which would conduct a final appointment vote.

National: Commission To Improve Elections Meets in Philadelphia | Lawyers.com

The Presidential Commission on Election Administration met in Philadelphia yesterday to hear testimony given by experts from up and down the east coast and beyond on how to improve voting in America. The commission was created by President Obama this year to “promote the efficient administration of elections” in response to long lines and other glitches that have threatened the integrity of voting days in years past. The commission solicited input from election officials and academics on how to overcome technical and logistical obstacles that impede voting. Among the topics addressed were analytical methods to better distribute polling resources, the use of electronic signature databases for more streamlined registration, language access issues particularly for Asian and Latino voters, access for people with disabilities and emergency preparedness to salvage elections that are disrupted by major disasters such as Hurricane Sandy.

National: Regulators to weigh bitcoin donations in politics | USAToday

Will digital dollars soon fund U.S. political campaigns? If a conservative political action committee has its way, supporters will be able to donate to federal elections using bitcoins, a relatively new form of virtual currency. The Conservative Action Fund PAC this week asked the Federal Election Commission to approve rules governing the use of this online form of currency. The move seeks to push the technology envelope for federal regulators who just last year endorsed political donations via text message for the first time. The FEC has 60 days to respond to requests such as these but can extend the amount of time it takes to consider the matter. “As bitcoins become a bigger part of the economy, we see a future in this … particularly among libertarian-minded voters,” said Dan Backer, the Conservative Action Fund lawyer who filed the FEC request.

National: Federal panel urged to reform election rules | Philadelphia Inquirer

Ellen Kaplan delivered a blunt message Wednesday to members of a presidential blue-ribbon panel on election reform. The 2012 vote in Philadelphia was a “national embarrassment” spoiled by massive confusion, partisanship, and mismanagement, said Kaplan, policy director of the watchdog group Committee of Seventy. She pointed to numbers such as the 26,986 provisional ballots cast, more than 12,000 of them by registered voters who should have been allowed to use voting machines, and almost 100 Republican poll inspectors who “were not permitted to sit” by their Democratic counterparts and had to get court orders. “Perhaps,” she added, in what could be a touch of overstatement, “the worst-run election in the city’s history.”

National: Recall elections becoming routine around nation | Walla Walla Union-Bulletin

There was a time, not so long ago, when the phrase “permanent campaign” described a state of mind. Now, as the number of state legislators who find themselves facing recall efforts mounts, the permanent campaign is taking on a much more literal meaning. The recall election, once reserved for forcing out elected officials accused of crimes, ethics violations or gross misconduct, has become an overtly political tool — there’s even an app for recalls now. Since 2011, voters in four states have successfully mounted petition drives to recall state legislators over new laws curbing the influence of public unions or expanding the reach of background checks on gun purchasers. The number of recalls has spiked dramatically in recent years. Of the 32 successful recalls in the United States since 1911, one third — 11 — have taken place since 2011.

National: Federal Election Commission could allow Bitcoin campaign donations | Politico

Coming soon to a political campaign near you: Bitcoin donations? The Federal Election Commission is poised to determine rules governing donations made in Bitcoins and how they apply to political campaigns. Attorneys for Conservative Action Fund PAC asked the agency decide if political candidates and outside groups are allowed to accept the digital currency, in addition to U.S. dollars. “As increasing numbers of individuals trade in Bitcoin, political parties and candidates also wish to accept and spend this new currency,” Dan Backer of DB Capitol Strategies wrote in the request. The request lays out 24 technical questions for the FEC regarding the use of Bitcoin as political contributions. Backer told POLITICO that he expects that by 2014, many federal candidates will be interested in accepting the currency — and that many donors will demand it. “We see a real future for this, especially among libertarian-minded supporters,” Backer said.

National: Harry Reid Keeps Expectations Low On Fixing Voting Rights Act | TPM

Commemorating the 50th anniversary of the March on Washington, Senate Majority Leader Harry Reid (D-NV) lamented the recent spate of laws aimed at restricting voting since the Supreme Court’s decision in late June to ax a centerpiece of the Voting Rights Act. But, notably, the Democratic leader tempered expectations when it comes to enacting a legislative fix to the portion of the 1965 law that the high court invalidated. “The Senate will debate the Voting Rights Act. We will examine these dangerous voter suppression efforts, and propose steps the Senate can take to ensure the right of every American to cast a ballot,” Reid said in a statement Wednesday.

National: Voting Rights Fix Tests Civil Rights Movement’s Strength | ABC

The same Voting Rights Act that grew partially from the March on Washington 50 years ago into one of the most successful civil rights-era laws has become a source of rancor, even straining the traditional coalition of Republicans and Democrats who have come together in favor of such vigilance. Marking half a century since the Rev. Martin Luther King Jr. King gave voice to the aspirations of millions of African-Americans across the country is bittersweet for civil rights activists in 2013. “Within the civil rights movement, there is definitely a sense that there’s a continued war on voting and we haven’t made it to the mountain top yet,” said Katherine Culliton-González, director of Voter Protection for the Advancement project. “Here we are in 2013, at the 50th anniversary of the March on Washington, and we’re having to try to stop going backwards.”

National: On the Anniversary of the March on Washington, a New Fight for Voting Rights | The Nation

During this week’s events commemorating the fiftieth anniversary of the March on Washington, the fight for voting rights emerged as a central cause for the civil rights movement. In 1963, few blacks could vote in the states of the Old Confederacy. In 2013, there’s a black president, but the right to vote is under the most sustained attack—in the states and the courts—since the passage of the Voting Rights Act in 1965. At the official commemoration today, Presidents Obama, Clinton and Carter voiced their dismay over the Supreme Court’s decision gutting the VRA and the rush to implement new voter suppression laws in seven Southern states since the ruling. “A great democracy does not make it harder to vote than to buy an assault weapon,” said Clinton, referencing a Texas voter ID law that accepts a concealed carry permit, but not a student ID, to cast a ballot. “I believe we all know how Dr. King would have reacted to the new ID requirements to exclude certain voters, especially African-Americans,” said Carter. “I think we all know how Dr. King would have reacted to the Supreme Court striking down a crucial part of the Voting Rights Act just recently passed overwhelmingly by Congress.” We must challenge “those who erect new barriers to the vote,” said Obama.

National: Republicans Admit Voter ID Laws Are Aimed at Democratic Voters | The Daily Beast

Indeed, in a column for right-wing clearinghouse World Net Daily, longtime conservative activist Phyllis Schlafly acknowledged as much with a defense of North Carolina’s new voting law, which has been criticized for its restrictions on access, among other things. Here’s Schlafly:

“The reduction in the number of days allowed for early voting is particularly important because early voting plays a major role in Obama’s ground game. The Democrats carried most states that allow many days of early voting, and Obama’s national field director admitted, shortly before last year’s election, that ‘early voting is giving us a solid lead in the battleground states that will decide this election. The Obama technocrats have developed an efficient system of identifying prospective Obama voters and then nagging them (some might say harassing them) until they actually vote. It may take several days to accomplish this, so early voting is an essential component of the Democrats’ get-out-the-vote campaign.”

She later adds that early voting “violates the spirit of the Constitution” and facilitates “illegal votes” that “cancel out the votes of honest Americans.” I’m not sure what she means by “illegal votes,” but it sounds an awful lot like voting by Democratic constituencies: students, low-income people, and minorities. Schlafly, it should be noted, isn’t the first Republican to confess the true reason for voter identification laws. Among friendly audiences, they can’t seem to help it.

National: Obama’s big voting rights gamble | POLITICO.com

Whatever President Barack Obama says at the March on Washington ceremony on Wednesday, his administration has already sent a loud message of its own: ramping up its push on voting rights by way of a risky strategy — and pledging more tough moves to come. The irony of the historical forces colliding at that moment won’t be lost on anyone. The nation’s first African-American president, standing on the steps of the Lincoln Memorial where Martin Luther King Jr. stood 50 years earlier, will speak at a time when many African-Americans and other minorities feel that the Voting Rights Act — one of the proudest accomplishments of the civil rights movement — is being dismantled. The backdrop for the big event is a surge in voter ID laws and other restrictive election measures, and the legal fight the Obama administration has picked with Texas to stop the wave. It’s suing to block the state’s voter ID law from taking effect, a clear signal to other states to think twice before they pass any more restrictions on voting rights.

National: The growing fight against voting restrictions in the South | Facing South

This week, former Secretary of State Colin Powell — a Republican who served under President George W. Bush — called out North Carolina on its voter ID law while speaking at the CEO Forum in Raleigh. He said the law punishes minorities and is counterproductive for the Republican Party. He also said voter fraud doesn’t exist, as the News & Observer reported: “You can say what you like, but there is no voter fraud,” Powell said. “How can it be widespread and undetected?” But restrictive, discriminatory voting laws are not exclusive to the Tar Heel state. When Hillary Clinton recently said North Carolina’s Voter Information Verification Act law was “the greatest hits of voter suppression,” she was referring to the fact that it draws from a number of election laws that states have attempted to pass, mostly in the South.

National: FEC Commissioners Battle to Partisan Inaction | Roll Call

The five commissioners of the Federal Election Commission are finding it almost impossible to reach agreement on almost anything these days. New commissioners may soon help. The Senate Rules Committee may have an early September vote on two new presidential nominees. The most recent example of inaction was a compliance case (MUR 6540) that reached an impasse in July with three Republicans voted to go against the recommendation of the Office of the General Counsel to find reason to believe the respondents violated (1) the prohibitions on corporate contributions in staging a rally supporting Senator Rick Santorum’s 2012 presidential campaign, and (2) made other prohibited contributions in the form of coordinated expenditures. Republican Commissioners McGahn, Hunter and Petersen voted against the recommendation. Democratic Commissioners Weintraub and Walther voted for it. With the impasse the Commission voted in July to close the case without taking any action.

National: GOP Rep. Jim Sensenbrenner pledges to fix Voting Rights Act in 2013 | The Washington Post

Rep. Jim Sensenbrenner (R-Wis.) said Monday that he will attempt to replace, by the end of the year, the portion of the Voting Rights Act that was struck down by the Supreme Court. Sensenbrenner’s comments came Monday at an event hosted by the Republican National Committee, commemorating the March on Washington. Sensenbrenner said he wants to fix the law so that it is immune to court challenges.

National: States, Justice Department girding for battle over voting laws | McClatchy

Now comes the far-flung fallout from a Supreme Court decision in June blowing up a key provision of the 1965 Voting Rights Act. A federal lawsuit filed Thursday against a Texas voter identification law seems certain to be followed by a similar suit against one in North Carolina. Other states, too, could face federal legal challenges over their actions in the wake of the high court’s decision. Congress, if it’s up to the task, could also get messy trying to partially restore the guts of the landmark 1965 law. The fights to come will span many fronts, including several of the 33 states that have passed voter identification laws. The separate conflicts, moreover, will inevitably cross-pollinate. One key lawmaker, tellingly, believes the federal action in Texas will “make it much more difficult” to get Voting Rights Act revisions through an already divided Congress. And, as in any global conflict, strategic thinking could pay dividends.

National: Voting Rights decision casts shadow over civil rights anniversary | Gainesville Times

As Americans commemorate the 50th anniversary of the March on Washington, one of the key pieces of legislature accredited with advancing civil rights lingers in limbo. In April, a Supreme Court split along ideological and partisan lines voted 5-4 to strip the government of its most potent tool to stop voting bias: the requirement in the Voting Rights Act that all or parts of 15 states with a history of discrimination in voting, mainly in the South, get Washington’s approval before changing the way they hold elections. “Virtually everyone who has thought of this characterizes the Voting Rights Act as the most successful piece of civil rights legislation ever enacted,” said Charles Bullock, political science professor at the University of Georgia. “In Georgia, in 1962, prior to the adoption of the Voting Rights Act, only about 27 percent of adult blacks in Georgia were registered to vote. Now registration rates are pretty much identical to whites, and have been for awhile,” he said. “When that legislation was passed in Georgia there were three black offices holders. Now, there are thousands. It’s had a dramatic impact.” The decision was deplored by voting access activists and largely applauded by the states now free from nearly 50 years of intense federal oversight of their elections.