National: Will the Supreme Court Consider a Campaign Finance Mulligan? | TIME.com

The Affordable Care Act isn’t the only consequential law whose fate the U.S. Supreme Court holds in its hands. Before the end of the month, the Court is also expected to decide whether to hear a Montana campaign-finance case that may alter the landmark Citizens United ruling.  The Montana case, American Tradition Partnership v. Bullock, arose from a challenge to the state’s campaign-finance law. In 1912, when Montana’s “copper kings” routinely drew on their immense wealth to buy off local politicians, the state’s citizens approved a ballot initiative called the Corrupt Practices Act, which banned corporate money in state campaigns and imposed strict limits on individual donations. Today, state legislators can take no more than $160 from individual donors; candidates for governor can take about $1,000. The winner of a Montana Senate race spends an average of $17,000—compare that to the more than $125 million that’s been spent in Wisconsin on a series of recall elections since last winter. Montana’s insistence on transparency and the barriers it built to contain corporate spending have “nurtured a rare, pure form of democracy,” wrote Democratic Governor Brian Schweitzer.

National: White House responds to petition on replacing FEC commissioners | The Hill

The White House on Friday responded to a petition from watchdog groups calling for the replacement of five Federal Election Commission (FEC) commissioners before the 2012 election, but declined to comment on either a timeline or possible candidates. Ten campaign finance reform groups created a “We the People” petition calling on the Obama administration to replace five out of six commissioners. The five commissioners’ terms have expired and the commission’s deadlock is holding back further clarifications on significant issues coming out of the Citizens United v. FEC Supreme Court ruling, the advocates said. While the White House emphasized the president’s similar distaste for the Citizens United decision and his support for reform, the letter stated personnel choices would not be disclosed publicly prior to final decisions.

National: Rules of the Game: Texts Could Draw Small Donations | Roll Call

In an election increasingly defined by big money, the Federal Election Commission’s recent move to permit campaign contributions via text message strikes many as the perfect antidote. “I really do think this is a potential game changer for the campaign finance system,” said Brett Kappel, an election lawyer with Arent Fox, who represented a pair of consulting firms that asked the FEC to clear donations via text. “I think it can bring the individual small donor back into the system, and they can play a significant role.” Proponents of fundraising via mobile text point to a long list of benefits. Texting can tap vast numbers of small donors and raise large sums in a short amount of time, note a diverse array of political players who petitioned the FEC to approve the practice. They point to the tens of millions of dollars raised via mobile device in the wake of the 2010 earthquake in Haiti. About 4.3 million Americans donated $43 million to Haiti earthquake relief via text message, according to a January report by the Pew Internet Project.

National: U.N. says Voter ID laws are a domestic matter | OneNewsNow.com

A United Nations agency has assured an organization of black conservatives that it has no intention of investigating U.S. voter ID laws, as requested by the NAACP. In March, the National Association for the Advancement of Colored People (NAACP) sent a delegation to Geneva, Switzerland, to tell the Office of the United Nations High Commissioner for Human Rights that because of voter ID laws passed in several of the 50 states, citizens were being denied the right to vote. But last week, Project 21 of The National Leadership Network of Black Conservatives sent a three-man delegation to U.N. headquarters in New York to refute the NAACP’s claims. Bishop Council Nedd II, a board member of Project 21, tells OneNewsNow some of the details of that delegation.

National: Indianapolis Meeting Compares Voting Machine Standards | Indiana Public Media

State election officials from more than a dozen states are in Indianapolis to compare notes on voting machines. The controversy over “hanging chads” in the Florida presidential vote prompted Congress in 2002 to order the states to make the transition to optical-scan and touch-screen voting machines. But Indiana Secretary of State Connie Lawson insists Indiana is one of the few states with the technical expertise to assess whether competing models meet state standards. Still, Hoosier officials will hear presentations from many states in an effort to determine best practices, Lawson says.

National: Supreme Court justices may hear Montana campaign finance case addressing two-track system | latimes.com

When the Supreme Court ruled that corporations had the right to political free speech, it set loose a tidal wave of campaign money that helped elect a new Congress in 2010 and is now reshaping the presidential race. But the impact of the Citizens United decision has been as surprising and controversial as the ruling itself. Although the high court’s 5-4 decision is best known for saying that corporations may spend freely on campaign ads, the gusher of money pouring into this year’s campaigns has mostly not involved corporate funds. And some of the practices that critics of the decision decry actually stem from a separate case decided by a U.S. Court of Appeals after the Citizens United ruling. The rise of “super PACs,” which may raise and spend unlimited amounts so long as they do so independently of a candidate, has allowed close aides to candidates to set up supposedly independent committees that have raised huge amounts, primarily from wealthy individuals. The PACs have spent most of their money on negative ads attacking the opposition. That unlimited fundraising was set in motion by Citizens United, but came to full flower after the subsequent Court of Appeals decision.

National: AFL-CIO to fight voter ID laws in six battleground states | The Hill

The nation’s largest labor federation plans to mount an aggressive campaign against voter identification laws in a half-dozen battleground states that will be key in the presidential election. AFL-CIO Executive Vice President Arlene Holt Baker told reporters on Tuesday that the labor federation will have boots on the ground registering and helping voters in Florida, Michigan, Nevada, Ohio, Pennsylvania and Wisconsin in coordination with the group’s political program.  Labor is pushing back against voter ID laws, which they say suppress voting by minorities, the elderly, the poor and students. Supporters of the measures say showing identification to vote is needed to crack down on fraud and protect the integrity of elections.

National: Super PAC Mania | Columbia Law School Magazine

he Supreme Court does not often become a foil for late-night television comedians, and the nation’s complicated campaign finance laws are an unlikely source for comedy. But there was Stephen Colbert on a recent episode of The Colbert Report opening with a mini-seminar. “Folks, it seems like these days, everyone is talking about super PACs, which, thanks to the Supreme Court’s Citizens United ruling, can collect and spend unlimited money on political advertising,” Colbert told his viewers, some of whom had already contributed to his own super PAC creation: Americans for a Better Tomorrow, Tomorrow.

National: Mystery of Citizens United Sequel Is Format, Not Ending – How Justices Rule May Be an Issue Itself | NYTimes.com

At their private conference, the justices of the Supreme Court are scheduled to decide Thursday whether and how to take a second look at the Citizens United campaign finance decision. The usual odds that the Supreme Court will agree to hear a case are about one in a hundred. This one is pretty much a sure thing. The justices have already temporarily blocked a lower court decision in the case. In that decision, the Montana Supreme Court seemed to defy the higher court by saying that a state law regulating corporate political spending was constitutional notwithstanding Citizens United. Two dissenting State Supreme Court justices said they would have liked to vote with their colleagues but did not believe they were entitled to ignore the United States Supreme Court. “I find myself in the distasteful position of having to defend the applicability of a controlling precedent with which I profoundly disagree,” wrote one of them, Justice James C. Nelson.

National: Mr. Romney’s secret bundlers | The Washington Post

The difference between President Obama and presumptive Republican presidential nominee Mitt Romney when it comes to fundraising is not only that Mr. Romney managed to outraise the president last month. A more troubling difference is that Mr. Romney provided almost no information about the key “bundlers” who helped his campaign vacuum up such huge sums. This omission distinguishes the former Massachusetts governor not only from his Democratic counterpart but from his two Republican predecessors. Both President George W. Bush, during his two campaigns, and Arizona Sen. John McCain, during his 2008 presidential race, released lists of their key fundraisers and, at least within general parameters, some indication of their hauls. But Mr. Romney’s campaign has repeatedly dismissed suggestions that he follow suit. The campaign has said that it has complied with campaign finance laws, which do not mandate such information except in the case of registered federal lobbyists.

National: FEC: Campaigns can raise money via text message | Politico.com

The Federal Election Commission on Monday night unanimously voted to allow Americans to make political donations via text message, making Androids, iPhones and Blackberries the newest weapon in the battle to raise unprecedented amounts of money. Both parties, as well as campaign finance reform advocates, say the move will allow Americans of modest means to play a greater role in a democratic process dominated this election cycle by billionaires and multi-millionaires and political organizations such as super PACs that may raise and spend money without restriction. The decision will take effect immediately, although it may be days or weeks before the system is fully functional. Individual phone numbers will be capped at $50 worth of donations per billing cycle per political candidate or committee.

National: Picture proving you are who you say you are at the polling place | UPI.com

Stricter voter identification measures supporters say fight fraud and opponents counter disenfranchise groups of voters are being detoured into the U.S. court system, possibly keeping them from going into effect or being considered before Election Day. Restrictions on early voting, new photo ID requirements and efforts to purge voter lists of non-citizens have been met with opposition from the U.S. Justice Department, civil rights groups and judges who blocked the provisions. “There has been a real push-back by the courts to these widespread efforts to restrict the vote,” Wendy Weiser, director of the Democracy Program at the Brennan Center for Justice at NYU School of Law, told The Washington Post. “If those seeking to suppress the vote won round 1, round 2 seems to be going to the voters.”

National: In a world of super PACs, Mitt Romney rules | The Boston Globe

It seemed like just another campaign appearance – Mitt Romney taking time from the trail to address a ballroom full of well-heeled donors. It was anything but. When Romney spoke last summer at fund-raisers for a super PAC run by three of his former top aides, it marked a turning point in his campaign and, in some ways, in the modern history of campaign finance. The group, Restore Our Future, capitalized on Romney’s support to raise $57 million by the end of April and has become one of the most powerful forces in the race for the White House – the financial engine behind the fusillade of broadcast ads, most of them harshly negative, that felled his GOP challengers one by one. No candidate in the 2012 race adapted more swiftly and effectively to the rise of the super PACs in the wake of US Supreme Court and other rulings that effectively removed any barriers to individual and corporate donations to such so-called independent groups.

National: Friends and family plan: Super PACs often personal campaign fundraising affairs | The Washington Post

The Committee to Elect an Effective Valley Congressman has one particular congressman in mind: Howard L. Berman, a 15-term California Democrat who is struggling to hold on to his redistricted San Fernando Valley seat. The political fundraising committee is essentially the creation of one man trying to keep a close friend and political ally in office. “Howard and I have been friends for 30 years,” said Marc Nathanson, a cable TV magnate and investor who founded the super PAC and has given it $100,000. “It’s a friendship beyond what I call political friendships — it’s a personal relationship. When it was clear he needed help, I figured out a way to do that.”

National: Will Election 2012 be another Florida 2000? | Reuters

The 2008 U.S. presidential election was the first in 12 years in which large numbers of Americans did not believe the result was unfairly influenced by the machinations of politically biased state election officials. But it was also the first in a dozen years that was not close, as Democrat Barack Obama cruised to a blowout victory over Republican John McCain. With 2012 shaping up to be another tight contest, experts say controversy is likely this year, especially given that 33 of the 50 state election authorities are led by partisan politicians, who are free to work for candidates’ campaigns. “People don’t pay attention to problems of partisanship until it’s too late,” said Richard Hasen, an elections law specialist at the University of California-Irvine.

National: There’s More Secret Money In Politics; Justice Kennedy Might Be Surprised | NPR

Federal election law has required the public disclosure of campaign donors for nearly 40 years. But this year, outside groups are playing a powerful role in the presidential election. And some of them disclose nothing about their donors. That’s despite what the Supreme Court said in its controversial Citizens United ruling two years ago. Justice Anthony Kennedy wrote the Citizens Unitedopinion, which said that corporations can pay for ads expressly promoting or attacking political candidates. “Political speech is indispensable to decision making in a democracy and this is no less true because the speech comes from a corporation rather than an individual,” Kennedy said in a 9 1/2-minute summary he read from the bench. But that wasn’t the whole decision.

National: From Alabama, an epic challenge to voting rights | Reuters

Four years ago, in Calera, asmall city of gentle hills, tall oaks and nine stoplights, an invisible line was drawn a few miles north of the center of town. It stretched up beyond Highway 22 and looped west across Interstate 65, sweeping in recent housing developments, the brown-brick Concord Baptist Church and a new Wal-Mart. The narrow five-square-mile rectangle enlarged Voting District 2. It also radically changed the district’s racial mix. The expansion brought in hundreds of white voters, cutting the proportion of black registered voters to one-third from more than two-thirds. The city, which said it had to redraw its district map to account for a population increase and land annexations, contended the new boundaries would not discriminate against blacks. The U.S. Department of Justice was not persuaded. In a tersely worded, three-page letter emailed to the Calera city attorney on August 25, 2008, it voided the new map.

National: Donations by texting may get FEC approval as soon as Friday | The Hill

The Federal Election Commission (FEC) may approve a request to allow campaign contributions from voters’ text messages as soon as Friday, an adviser to the commission’s chairwoman said. In an FEC meeting on Thursday, attorneys with Arent Fox — the firm representing the consulting and aggregation firms asking for the ruling — appeared before the commissioners to answer questions and assuage fears of campaign finance abuse. Arent Fox submitted an advisory opinion request in May on the text donations for clients Red Blue T and ArmourMedia. M-Qube, a “merchant billing aggregator” that would be “party to these transactions,” was also included on the request, as The Hill reported at the time. A third draft of the request, discussed at Thursday’s meeting, seemed to satisfy most of the commission.

National: Restrictive voting laws tied up in court | The Washington Post

Stricter ID laws and other controversial voting restrictions, passed this year by several Republican-controlled legislatures, are hitting legal roadblocks that could keep many of the measures from taking effect before the November elections. Curbs on early voting, new ID requirements and last-minute efforts to rid voter lists of noncitizens have been met with vigorous opposition from the Justice Department and civil rights groups, and in some cases, the provisions have been blocked by federal or state judges. “There has been a real push-back by the courts to these widespread efforts to restrict the vote,” said Wendy Weiser, director of the Democracy Program at the Brennan Center for Justice at NYU School of Law, which opposes the new laws. “If those seeking to suppress the vote won round one, round two seems to be going to the voters.”

National: Institutional Investors Demand Disclosure on Companies’ Political Spending | Institutional Investor

On January 21, 2010, the day the Supreme Court delivered its landmark decision on Citizens United vs. Federal Election Commission that it would overturn most of a century’s worth of regulations on corporate political spending, the $140 billion New York State Common Retirement Fund corporate governance department happened to be meeting to discuss the problem of untraceable political spending by companies in its portfolio. Patrick Doherty, the fund’s director of corporate governance, was making the pitch to New York State Comptroller Thomas DiNapoli that the political spending issue should be a central focus of New York Common’s corporate governance campaign for the coming year. The overlap was coincidental; before the court’s final decision on Citizens United, the case hadn’t attracted too much attention in the comptroller’s office or among most of the general public. That changed after January 21. Despite New York Common’s pre-Citizens United efforts to improve disclosure around corporate political spending ­— which primarily consisted of a concerted support of any shareholder resolution pushing the issue — the fund’s leaders hadn’t heard constituents express their opinions on the topic. But they spoke up after the decision on Citizens United, says DiNapoli.

National: Battles Over Voter ID Laws Intensify | NPR

As both parties turn to the general election, and the potentially pivotal role of minority voters, battles over voter identification and other new state election laws are intensifying. Voting rights groups, who say the new laws discriminate against minority voters, won a key victory Thursday with a federal judge’s decision to strike down portions of a Florida law that tightened rules for third-party groups that register voters. In his opinion, U.S. District Court Judge Robert L. Hinkle said:

“Together speech and voting are constitutional rights of special significance; they are the rights most protective of all others, joined in this respect by the ability to vindicate one’s rights in a federal court. …[W]hen a plaintiff loses an opportunity to register a voter, the opportunity is gone forever … And allowing responsible organizations to conduct voter-registration drives — thus making it easier for citizens to register and vote — promotes democracy.”

National: Supreme Court won’t hear Siegelman appeal | The Associated Press

The Supreme Court will not take another look at the bribery conviction of former Ala. Gov. Don Siegelman. The high court on Monday turned away Siegelman’s appeal of his 2006 convictions. Siegelman was convicted of selling a seat on a hospital regulatory board to former HealthSouth CEO Richard Scrushy in exchange for $500,000 in donations to Siegelman’s 1999 campaign to establish a state lottery.

National: When is a campaign donation a bribe? Supreme Court may decide | latimes.com

Former Alabama Gov. Don Siegelman was charged with bribery and sent to prison because, prosecutors said, a wealthy hospital executive gave him $500,000 in exchange for appointing him to a state hospital planning board. But this half-million-dollar “bribe” did not enrich Siegelman. Instead, the disputed money was a contribution to help fund a statewide referendum on whether Alabama should have a state lottery to support education, a pet cause of the governor’s. The Supreme Court is set to decide as soon as Monday whether to hear Siegelman’s final appeal, which raises a far-reaching question: Is a campaign contribution a bribe if a politician agrees to do something in return, or is it to be expected that politicians will do favors for their biggest supporters?

National: Edwards case may have little effect on campaign finance | The Charlotte Observer

Edwards case complained that he was prosecuted under a “novel” view of campaign-finance law. Apparently, it was so new jurors couldn’t agree on what it was and whether Edwards broke it. Now the murky conclusion of the jury’s deliberations – acquittal on one count, no unanimous agreement on the remaining five – leaves it equally unclear whether the case will change how campaign contributions and expenses are defined and reported going forward. Edwards was accused of receiving excessive contributions from two benefactors to hide his mistress, and failing to report the money as campaign contributions. At least some jurors accepted his defense that the monies were gifts to help with a personal situation and were not campaign contributions. Experts in campaign-finance law are divided about whether the trial will stand as an isolated event or one that will widen the definition of a campaign contribution.

National: Buddy Roemer quits 2012 race | Politico.com

Former Louisiana Gov. Buddy Roemer announced in a statement this morning that his quixotic independent campaign for president has come to an end. After failing to get access to the GOP primary debates last year, Roemer had decided to run as an independent and seek the Reform Party and Americans Elect nominations. Then, Americans Elect folded earlier this month, while Roemer continued to struggle to draw attention and interest to his campaign. In his statement, Roemer said he would create a new organization — details TBD — focused on his core issue of getting corporate and special interest money out of politics.

National: Voting rights gains of ‘60s in jeopardy, Attorney General Eric Holder says | The Sacramento Bee

Attorney General Eric Holder told African-American clergy leaders Wednesday that a wave of new state laws on voting and legal challenges to the Voting Rights Act of 1965 may jeopardize rights they helped fight for in the civil rights era. “Despite our nation’s long tradition of extending voting rights . . . a growing number of our fellow citizens are worried about the same disparities, divisions and problems that – nearly five decades ago – so many fought to address,” Holder told a meeting of the Conference of National Black Churches convened by the Congressional Black Caucus to discuss the laws. “In my travels across the country, I’ve heard a consistent drumbeat of concern from citizens, who – often for the first time in their lives – now have reason to believe that we are failing to live up to one of our nation’s most noble ideals. And some of the achievements that defined the civil rights movement now hang in the balance.” Holder spoke in response to an array of new voting measures enacted by several mostly Republican state governments that proponents say are needed to protect against voter fraud and to prevent illegal immigrants from voting. However, the mostly Democratic black caucus – along with several civil rights, voting rights and civil liberties groups – contends that the laws are really efforts to suppress the votes of minorities and others.

National: GOP Super PACs plan record $1 billion blitz | Politico.com

Republican super PACs and other outside groups shaped by a loose network of prominent conservatives – including Karl Rove, the Koch brothers and Tom Donohue of the U.S. Chamber of Commerce – plan to spend roughly $1 billion on November’s elections for the White House and control of Congress, according to officials familiar with the groups’ internal operations. That total includes previously undisclosed plans for newly aggressive spending by the Koch brothers, who are steering funding to build sophisticated, county-by-county operations in key states. POLITICO has learned that Koch-related organizations plan to spend about $400 million ahead of the 2012 elections – twice what they had been expected to commit. Just the spending linked to the Koch network is more than the $370 million that John McCain raised for his entire presidential campaign four years ago. And the $1 billion total surpasses the $750 million that Barack Obama, one of the most prolific fundraisers ever, collected for his 2008 campaign.

National: Senate Democrats Outspent 3 to 1 on Ads by Super-Pacs | Bloomberg

While the presidential campaign commands the most attention, Senate Democrats are bearing an early television advertising assault by Republican-leaning groups that is reshaping those races. Senator Sherrod Brown of Ohio and former Virginia Governor Tim Kaine, who is seeking a Senate seat, are being outspent by at least a 3-to-1 ratio on television advertising as super political action committees supporting Democrats struggle to raise money and President Barack Obama and the national party conserve resources for the fall election.

National: Voter ID laws, fraud and Latinos: Discrimination, a ‘big deal’ or ‘insulting?’ | CNN.com

Mariam “Mimi” Bell, a Latina Republican from Colorado, resents the implication that Hispanic voters are somehow negatively affected by the state’s new voter identification law. “It’s insulting when they say we’re going to disenfranchise the Hispanics,” Bell said of the law that requires voters to present an ID such as a driver’s license, passport, utility bill or birth certificate to vote. The suggestion, Bell said, is “because we’re Hispanics we’re inept to get an ID.” The debate over the wave of voter identification laws cropping up in more than 30 states is playing out against the backdrop of the 2012 general election’s high-profile fight for Latino voters. The two presidential candidates hold widely divergent views on the matter.

National: Mitt Romney declining to disclose names of campaign bundlers | USAToday.com

More than a month after becoming his party’s presumptive presidential nominee, Republican Mitt Romney has not publicly identified most of the fundraisers helping him collect the millions of dollars he needs to win the White House, even as he promises them special access perks. Romney is not required by law to disclose the identities of his fundraisers with the exception of those who work as federal lobbyists. Releasing the names of bundlers, however, has been standard in presidential campaigns for more than a decade. Republican George W. Bush established the pattern in the 2000 election, revealing the names of fundraisers who collected at least $100,000. He repeated the practice in 2004. Arizona Sen. John McCain, the Republican nominee four years ago, had disclosed his fundraisers by this point in the 2008 campaign, releasing a list of 106 bundlers on April 18 of that year.