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Before the Federal Election Commission in Re
BEFORE THE FEDERAL ELECTION COMMISSION IN RE: CHRISTOPHER VAN HOLLEN, JR., DEMOCRACY 21, THE CAMPAIGN LEGAL CENTER, MUR 7024 I Respondents. RESPONSE OF RESPONDENTS DEMOCRACY 21 AND THE CAMPAIGN LEGAL CENTER Christopher E. Babbitt Adam Raviv Kurt G. Kastorf Arpit K. Garg* Wilmer Cutler Pickering Hale and Dorr LLP 1875 Pennsylvania Avenue NW Washington, DC 20006 Tel: (202) 663-6000 Fax: (202) 663-6363 Attorneys for Democracy 21 and The Campaign Legal Center * Admitted to practice only in New York. Supervised by members of the firm who are members of the District of Columbia bar. TABLE OF CONTENTS Page INTRODUCTION 1 SUMMARY OF ARGUMENT 3 ARGUMENT , 5 I. DEMOCRACY 21 AND CLC'S PRO BONO LEGAL SERVICES WERE NOT A "CONTRIBUTION" AS DEFINED UNDER § 8(A)(I) OF FECA 5 A. Structural Challenges To Generally Applicable Campaign Finance Laws And FEC Regulations Are Not "For the Purpose Of Influencing" Federal Elections 5 B. Neither Democracy 21 Nor CLC Provided Legal Services For The Purpose Of ®4 Influencing Van Hollen's Election 8 4 1. Neither Democracy 21 nor CLC undertook activities involving express § advocacy or solicitation intended to influence Van Hollen's election 9 2. The "totality of the circumstances" does not compel a different result 9 3. The litigation and rulemaking have a "significant non-election related" aspect 13 C. Cause of Action's Theory of Indirect Benefit is Both Incorrect And Disruptive.. 14 1. • The FEC has already rejected Cause of Action's indirect, reputation-based argument 14 2. Van Hollen's standing allegations do not change this analysis 16 3. -
Gerrymandering Becomes a Problem
VOLUME TWENTY FOUR • NUMBER TWO WINTER 2020 THE SPECIAL ELECTION EDITION A LEGAL NEWSPAPER FOR KIDS Gerrymandering Becomes a Problem Battling Over for the States to Resolve How to Elect by Phyllis Raybin Emert a President by Michael Barbella Gerrymandering on a partisan basis is not new to politics. The term gerrymander dates back to the 1800s when it was used to mock The debate on how the President Massachusetts Governor Elbridge Gerry, who manipulated congressional of the United States should be elected lines in the state until the map of one district looked like a salamander. is almost as old as the country itself. Redistricting, which is the redrawing of district maps, happens every Contrary to popular belief, voters 10 years after the U.S. Census takes place. Whatever political party is do not elect the president and vice in power at that time has the advantage since, in most states, they president directly; instead, they choose are in charge of drawing the maps. electors to form an Electoral College “Partisan gerrymandering refers to the practice of politicians where the official vote is cast. drawing voting districts for their own political advantage,” During the Constitutional Convention says Eugene D. Mazo, a professor at Rutgers Law School and of 1787, a an expert on election law and the voting process. few ways to Professor Mazo explains that politicians, with the use of advanced computer elect the chief technology, use methods of “packing” and “cracking” to move voters around to executive were different state districts, giving the edge to one political party. -
The National Popular Vote Plan and Direct Election of the President: an FAQ What Is the National Popular Vote Plan? the National
The National Popular Vote Plan and Direct Election of the President: An FAQ What is the National Popular Vote plan? The National Popular Vote plan (NPV) is a statute that, as of April 2009, had been introduced by state legislators in 48 states and publicly committed to be introduced in the remaining two states. NPV seeks to guarantee election of the presidential candidate who receives the most popular votes in all 50 states and the District of Columbia. It creates an agreement among states to award all of their electoral votes collectively to the presidential candidate winning the national popular vote once the number of participating states together have a majority (currently 270 of 538) of electoral votes. In considering the NPV bill, the choice for legislators is straightforward: passing NPV will guarantee election of the national popular vote winner once joined by enough participating states to make it decisive for determining future elections. Until that point, a state’s current rules will apply. The NPV plan is founded on two state powers clearly established in the U.S. Constitution: a state’s plenary power to decide how to apportion its electoral votes and a state’s power to enter into binding interstate compacts. As of April 2009, New Jersey, Hawaii, Maryland, and Illinois – which together possess a fifth of the total electoral votes necessary to trigger the agreement – have enacted the NPV compact. It has been adopted by a total of 26 state legislative chambers in 16 states, earning public support from nearly 1,300 legislators and national luminaries like the editorial boards of the New York Times and Los Angeles Times and former U.S. -
AATP Front/Inside Cover
1998 Vote: Initiatives and Referenda Chapter 5 A Century Later—The Experiment With Citizen-Initiated Legislation Continues By M. Dane Waters It was 100 years ago last November that the statewide initiative and popular Proposition 227, another contro- referendum processes were first adopted in the United States. A vital and thriving versial initiative, called for all public example of citizen participation and self-governance, the initiative process has become school instruction to be in English. It one of the most important mechanisms for altering and influencing public policy at the was conceived and championed by Ron local, state, and even national levels. Changes made possible include women’s Unz, a Silicon Valley self-made mil- suffrage, the direct election of US senators, direct primaries, term limits, tax reform, lionaire who had seen first-hand the and much more. In 1998 alone, citizens utilized the initiative process to voice their lack of qualified candidates to fill the opinions on affirmative action, educational reform, term limits, taxation, campaign abundant jobs in the high-tech indus- finance reform, and environmental issues. try. He attributed this shortage to the fact that many immigrants who might possess the technical skills he was look- ing for weren’t able to excel academi- “ In 24 states, citizens can craft and then adopt laws or amend their cally in the United States because they state constitution, actions commonly referred to as the initiative were being taught only in their native tongues. He galvanized the immigrant process. In most of the same states, as well as others, citizens can population in California, as well as reject laws or amendments proposed by their state legislatures. -
Head of State Selection Process: Graphic Illustration
Head of State selection process: Graphic Illustration Explanation • Indirect election (assembly): The head of state is elected by members of the assembly. In some cases, a supermajority is absolutely required (e.g. Ethiopia); in all other cases a majority is sufficient in the final round. In Lebanon, a supermajority minimum turnout is required, which means the minority can veto by staying away from the vote. • Indirect election (assembly + regional/local representatives): The head of state is elected by the combination of assembly members and local and/or federal unit assemblies or their delegates. • Direct election (alternative vote): Voters have ranked ballot. If no candidate has more than half of first-preference votes, the lowest-voted candidate is eliminated and has votes redistributed according to preferences expressed on ballots. This is repeated until some candidate has a majority (50%+1) of the votes, and that candidate is elected. • Direct election (majority runoff): The head of state is directly elected. A candidate with a majority (50%+1) in the first round is elected; if no candidate receives a majority of votes in the first round, a decisive second round is held between first- and second-placed candidates. • Direct election (plurality): The head of state is directly elected; the candidate with most votes is elected. This includes countries with ‘fused’ legislative-executive elections where the leader of the party with the most votes, sometimes subject to two rounds, becomes president (e.g. Angola). • Direct election (modified two-round): The head of state is directly elected. A candidate with a predefined proportion of the vote (e.g. -
A Decline in Ticket Splitting and the Increasing Salience of Party Labels
A Decline in Ticket Splitting and The Increasing Salience of Party Labels David C. Kimball University of Missouri-St. Louis Department of Political Science St. Louis, MO 63121-4499 [email protected] forthcoming in Models of Voting in Presidential Elections: The 2000 Elections, Herbert F. Weisberg and Clyde Wilcox, eds. Stanford University Press. Thanks to Laura Arnold, Brady Baybeck, Barry Burden, Paul Goren, Tim Johnson, Bryan Marshall, Rich Pacelle, Rich Timpone, Herb Weisberg and Clyde Wilcox for comments. The voice of the people is but an echo chamber. The output of an echo chamber bears an inevitable and invariable relation to the input. As candidates and parties clamor for attention and vie for popular support, the people's verdict can be no more than a selective reflection from among the alternatives and outlooks presented to them. (Key 1966, p. 2) Split party control of the executive and legislative branches has been a defining feature of American national politics for more than thirty years, the longest period of frequent divided government in American history. Even when voters failed to produce a divided national government in the 2000 elections, the party defection of a lone U.S. senator (former Republican James Jeffords of Vermont) created yet another divided national government. In addition, the extremely close competitive balance between the two major parties means that ticket splitters often determine which party controls each branch of government. These features of American politics have stimulated a lot of theorizing about the causes of split-ticket voting. In recent years, the presence of divided government and relatively high levels of split ticket voting are commonly cited as evidence of an electorate that has moved beyond party labels (Wattenberg 1998). -
The Initiative and Referendum Process
7KH,QLWLDWLYHDQG5HIHUHQGXP3URFHVVLQ:DVKLQJWRQ States with Initiative and/or Referendum Process Map courtesy of the Initiative and Referendum Institute %\ 7KH/HDJXHRI:RPHQ9RWHUVRI:DVKLQJWRQ (GXFDWLRQ)XQG Initiative & Referendum Committee Janet Anderson Tanya Baumgart Cheryl Bleakney Lael Braymer Patricia Campbell Cherie Davidson Elizabeth Davis Phyllis Erickson Rosemary Hostetler Marilyn Knight, Secretary Lee Marchisio Jocelyn Marchisio, Chair Jo Morgan Peggy Saari Ruth Schroeder Editor: Marilyn Knight Typographer: Jane Shafer Reading Committee Elizabeth Davis Steve Lundin Sue Mozer Liz Pierini Alice Schroeder Published by The League of Women Voters of Washington Education Fund October 2002 League of Women Voters of Washington 4710 University Way NE, #214 Seattle, WA 98105-4428 206-622-8961 LWV/WA Initiative and Referendum Study - ii Fall 2002 The League of Women Voters of Washington Education Fund 'LUHFW'HPRFUDF\ 7KH,QLWLDWLYHDQG5HIHUHQGXP3URFHVVLQ:DVKLQJWRQ 7DEOHRI&RQWHQWV Introduction ........................................................................................................................................... 1 The Initiative and Referendum in the United States .............................................................................1 Creating Initiatives and Referenda in Washington ...............................................................................4 Initiatives The Referendum Fiscal Impact Statement At the Local Level The Role of Money .............................................................................................................................. -
CDL-AD(2007)007 Opinion No
Strasbourg, 19 March 2007 CDL-AD(2007)007 Opinion No. 399 / 2006 Or. Engl. EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) OPINION ON THE CONVENTION ON THE STANDARDS OF DEMOCRATIC ELECTIONS, ELECTORAL RIGHTS AND FREEDOMS IN THE MEMBER STATES OF THE COMMONWEALTH OF INDEPENDENT STATES adopted by the Venice Commission at its 70th plenary session (Venice, 16-17 March 2007) on the basis of comments by Mr Christoph GRABENWARTER (member, Austria) This document will not be distributed at the meeting. Please bring this copy. http://venice.coe.int CDL-AD(2007)007 - 2 - Introduction 1. By letter dated 28 September 2006, the Secretary General of the Council of Europe asked for an opinion on the Venice Commission on the Convention on the standards of democratic elections, electoral rights and freedoms in the Commonwealth of Independent States (CDL- EL(2006)031rev). 2. The above-mentioned Convention was adopted on 7 October 2002 and was ratified up to now by Armenia, Kyrghyzstan, Moldova, Russia and Tajikistan. 3. The request by the Secretary General takes place in the framework of the discussion about the possibility to adopt a European convention in the electoral field as a Council of Europe convention. The issue whether the text submitted for opinion could inspire a European Convention will then have to be addressed. 4. The Venice Commission entrusted Mr Christoph Grabenwarter (member, Austria) to prepare the comments which are the basis for this opinion. 5. This opinion is based on a non official English translation of the Convention. 6. A first draft opinion was examined by the Council for Democratic Elections at its 19th meeting (Venice, 16 December 2006). -
A Reappraisal of the Seventeenth Amendment, 1890-1913
University of Pennsylvania ScholarlyCommons CUREJ - College Undergraduate Research Electronic Journal College of Arts and Sciences 3-30-2009 The Rapid Sequence of Events Forcing the Senate's Hand: A Reappraisal of the Seventeenth Amendment, 1890-1913 Joseph S. Friedman University of Pennsylvania, [email protected] Follow this and additional works at: https://repository.upenn.edu/curej Recommended Citation Friedman, Joseph S., "The Rapid Sequence of Events Forcing the Senate's Hand: A Reappraisal of the Seventeenth Amendment, 1890-1913" 30 March 2009. CUREJ: College Undergraduate Research Electronic Journal, University of Pennsylvania, https://repository.upenn.edu/curej/93. This paper is posted at ScholarlyCommons. https://repository.upenn.edu/curej/93 For more information, please contact [email protected]. The Rapid Sequence of Events Forcing the Senate's Hand: A Reappraisal of the Seventeenth Amendment, 1890-1913 Abstract For over 125 years, from the ratification of the Constitution ot the passage of the Seventeenth Amendment in 1913, the voting public did not elect U.S. senators. Instead, as a result of careful planning by the Founding Fathers, state legislatures alone possessed the authority to elect two senators to represent their respective interests in Washington. It did not take long for second and third generation Americans to question the legitimacy of this process. To many observers, the system was in dire need of reform, but the stimulus for a popular elections amendment was controversial and not inevitable. This essay examines why reform came in 1911 with the Senate’s unexpected passage of the Seventeenth Amendment, which was ratified twenty-four months later in the first year of Woodrow Wilson’s presidency. -
Electoral College
The Electoral College Members of the Constitutional Convention explored many possible methods of choosing a president. One suggestion was to have the Congress choose the president. A second suggestion was to have the State Legislatures select the president. A third suggestion was to elect the president by a direct popular vote. The first suggestion was voted down due to suspicion of corruption, fears of irrevocably dividing the Congress and concerns of upsetting the balance of power between the executive and the legislative branches. The second idea was voted down because the Framers felt that federal authority would be compromised in exchange for votes. And the third idea was rejected out of concern that the voters would only select candidates from their state without adequate information about candidates outside of the state. The prevailing suggestion was to have a College of Electors select a president through an indirect election. The Facts: The Electoral College is comprised of 538 electors Each state is allotted a number of electors equal to the number of its U.S. Representatives plus its two senators (Washington, D.C. has three electors) The political parties of each state submit a list of individuals pledged to their candidates for president that is equal in number to the number of electoral votes for the state to the State’s chief election official Whichever presidential candidate gets the most popular votes in a State wins all of the Electors (known as “winner takes all”) for that state except for the states of Maine and Nebraska which award electoral votes proportionately Electors are not required to vote for the candidate they pledged to vote for Changing the system would require amending the Constitution Assignment: Use the information provided in addition to your knowledge to write a persuasive essay in which you argue whether the Electoral College is the best method of electing a President. -
Oakland City Council Resolution No. 86 5 £1 C.M.S
FILED OFFICE OF THE ern CLERK Approved as to Form and Legality OAKLAND 16 DEC-8 PM/li'IS City\Attorney's Office OAKLAND CITY COUNCIL RESOLUTION NO. 86 5 £1 C.M.S. INTRODUCED BY COUNCILMEMBERS DAN KALB AND REBECCA KAPLAN RESOLUTION (1) IN SUPPORT OF SENATOR BARBARA BOXER'S BILL TO ABOLISH THE ELECTORAL COLLEGE AND (2) DIRECTING THE CITY ADMINISTRATOR AND CITY LOBBYIST TO WORK WITH ALL RELEVANT STATE AND FEDERAL ELECTED OFFICIALS TO (A) DEVELOP AND RATIFY AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO REPLACE THE ELECTORAL COLLEGE WITH A NATIONAL POPULAR VOTE FOR PRESIDENT OF THE UNITED STATES OR, ALTERNATIVELY, TO APPROVE THE NATIONAL POPULAR VOTE INTERSTATE COMPACT, (B) ADDRESS GERRYMANDERING IN CONGRESSIONAL APPORTIONMENT BY REQUIRING REDISTRICTING REFORM, SUCH AS BY HAVING INDEPENDENT STATE REDISTRICTING COMMISSIONS CONDUCT REDISTRICTING INSTEAD OF STATE LEGISLATURES, AND (C) ELIMINATE BARRIERS TO VOTING WHEREAS, as provided by Article II of the United States Constitution, the President and Vice President are selected by the Electoral College, comprised of a slate of Electors from each state and the District of Columbia, with each state having a number of Electors equal to its number of congresspersons (total Representatives plus two Senators) and the District of Columbia having three Electors; and WHEREAS, U.S. citizens casting votes in the general election for a presidential candidate are actually not directly voting for that candidate but instead vote for a slate of Electors in their state representing the candidate, with the -
Contingent Election of the President and Vice President by Congress: Perspectives and Contemporary Analysis
Contingent Election of the President and Vice President by Congress: Perspectives and Contemporary Analysis Updated October 6, 2020 Congressional Research Service https://crsreports.congress.gov R40504 Contingent Election of the President and Vice President by Congress Summary The 12th Amendment to the Constitution requires that presidential and vice presidential candidates gain “a majority of the whole number of Electors appointed” in order to win election. With a total of 538 electors representing the 50 states and the District of Columbia, 270 electoral votes is the “magic number,” the arithmetic majority necessary to win the presidency. What would happen if no candidate won a majority of electoral votes? In these circumstances, the 12th Amendment also provides that the House of Representatives would elect the President, and the Senate would elect the Vice President, in a procedure known as “contingent election.” Contingent election has been implemented twice in the nation’s history under the 12th Amendment: first, to elect the President in 1825, and second, the Vice President in 1837. In a contingent election, the House would choose among the three candidates who received the most electoral votes. Each state, regardless of population, casts a single vote for President in a contingent election. Representatives of states with two or more Representatives would therefore need to conduct an internal poll within their state delegation to decide which candidate would receive the state’s single vote. A majority of state votes, 26 or more, is required to elect, and the House must vote “immediately” and “by ballot.” Additional precedents exist from 1825, but they would not be binding on the House in a contemporary election.