FEC’s Democrat Commissioners refuse to re-write rules after “Citizens United” case, holding out for disclosure requirements

The Washington Examiner points out that the Democrat Commissioners are really the individuals causing unreasonable deadlock at the Federal Election Commission (FEC).  Instead of drafting regulations to meet the requirements of the Constitution after the Citizens United case, the Democrats are holding out for disclosure requirements that are not required by federal election law. While disclosure requirement may points of discussion for any future federal campaign finance legislation, the Democrats simply want to decree it by regulation and they are willing to hold the FEC hostage to obtain those goals.  
It has been over four years since the Supreme Court’s Citizens United ruling opening the doors to corporate and union political funding, but a bitterly divided Federal Election Commission still hasn’t rewritten their rules to reflect the constitutional change.

The reason: Democrats on the FEC want to use the rewrite to open the door to sweeping new donor disclosure requirements, while Republicans want to make only the changes needed to comply with the Jan. 21, 2010, decision. Each side blames the other for inaction.
Republicans on the commission have repeatedly tried to update the regulations, offering at least three proposals. Two were killed on 3-3 votes, and the third has failed to move forward due to Democratic opposition.

“It’s a point of embarrassment,” said FEC Chairman Lee Goodman, who has made updating the 544-page “Code of Federal Regulations” a top priority of his one-year leadership term.

Former Georgia Secretary of State Handel in tight race for Senate GOP primary nomination

Newmax gives a report on the tight Georgia Republican primary for the U.S. Senate race. Former Secretary of State Handel would be a strong leader in the Senate on voter integrity issues.
Former Georgia secretary of state Karen Handel has pulled into second place in the tight GOP Senate primary race, and is in a virtual tie with leader David Perdue, a poll released Thursday showed. Handel, who attracted wide media attention when a leaked video showed Perdue criticizing her for not having a college degree, and then snagged an endorsement from Sarah Palin, elbowed past Rep. Jack Kingston, who poured big money into TV advertising, the survey by Insider Advantage for Fox News’ Atlanta affiliate showed.

Perdue, a former CEO of Dollar General, topped the poll with 22 percent, Handel had 21 percent and Kingston slipped to third with 17 percent. The survey has a margin of error of plus or minus 3.5 percent.

“GOP Aims for Gains in State Legislatures in 2014″

Republicans won the bulk of the winnable state legislative races during the 2010 tea party surge. Since then, taking control of a new set of statehouses currently run by Democrats has become the next GOP ambition.  States on the GOP target list include West Virginia, Colorado, Nevada, Kentucky, and New Mexico, according to the Examiner.   
Link to full story at Newsmax.

“West Virginia Democrat battles extinction”

Democrats are unable to blame this erosion on partisan redistricting,    
Mr. Rahall is a prime example of how red-state Democrats are trying to survive in what’s shaping up to be a tough year for the party. He is the only Democrat in the three-person West Virginia House delegation. If he loses, West Virginia will have an all-Republican House delegation for the first time since 1922.

….Democrats also face the loss of the West Virginia Senate seat held by Jay Rockefeller, who is retiring at the end of the year after 30 years in that position. Mr. Rockefeller often faced token opposition, but Representative Shelley Moore Capito, a Republican who represents the state’s 2nd District, is leading in the Senate campaign

Link to story.

Judges and Voter ID

“To better understand the contrast between an activist, liberal judge who refuses to follow the law and a judge who understands that his job is to follow precedent and the Constitution, consider two recent federal cases on voter-ID laws.

On Tuesday, federal-district-court judge Lynn Adelman — a Clinton appointee, former Democratic state senator, and former Legal Aid Society lawyer — held that Wisconsin’s voter-ID requirement violates Section 2 of the Voting Rights Act, as well as the Fourteenth Amendment, because it places “an unjustified burden on the right to vote.”

This decision has gotten a great deal of attention in the mainstream press (or the drive-by media, as Rush Limbaugh likes to calls them).What got almost no attention was a decision by another federal district court in Tennessee on February 20 over that state’s voter-ID law. In that case, Judge Ronnie Greer upheld voter ID as constitutional.”

Link here..

Rick Hasen Apparently Does Not Understand the Difference Between Being Fired and Resigning

Rick Hasen must not know the difference between being fired and resigning.  His election law blog incorrectly makes the FEC look as if it took stronger action against ex-FEC lawyer April Sands for partisan political activity than it really did.  His headline blasts:

Office of Special Counsel Release on Fired FEC Employee Engaged in Partisan Political Activity

Fired?  It would have been nice if the FEC took such strong action.  It would have demonstrated a welcome intolerance for any partisan behavior by FEC employees on the job.  But contrary to what Hasen says, it didn’t happen.  From the OSC doc.

FEC Attorney Resigns… Under a settlement agreement with the OSC, an attorney with the FEC has agreed to resign….


Sands resigned. She wasn’t fired. There is a big difference – especially when possible future employers ask, “have you ever been fired?”  And given that the “settlement” apparently kept her identity secret, Sands could have gotten away with it.  The resignation, as compared with a firing, makes a difference.

I suppose it’s far worse not knowing the difference between a list serve and a blog. After all, that doesn’t involve how tolerant FEC and other government officials are toward illegal partisan conduct at the nation’s campaign regulator.

“Illegal Political Activity at the FEC”

“According to this document from a 2000 FEC case, Sands actually worked for Lois Lerner when Lerner was the associate general counsel of the FEC. Quite a “coincidence” that an FEC lawyer who was illegally using government facilities to try to get Barack Obama reelected used to work for the lawyer who headed the IRS office that apparently tried to stomp on conservative organizations critical of the same president’s policies.. . .

Given Sands’s position as one of the lawyers in the Office of General Counsel responsible for investigating and making recommendations to the commissioners about possible violations of the law by candidates and political committees, the FEC has no choice but to pull the files on all the cases she was involved in and conduct an independent review of her actions in those files. The agency has an obligation to ensure that her partisan propensities did not bias or influence any of those investigations.”

National Review.

After reporting delays, D.C. election officials say big voting system upgrade is needed

D.C. elections officials offered an entirely new explanation Tuesday for the major vote-counting delays that plagued the city’s April 1 Democratic primary: The issue was not five mishandled electronic voting machines, but a broad computer network failure.


…Deborah Nichols, chairwoman of the elections board, said that at least $2 million in new electronic voting machines and server upgrades — and perhaps another $2 million in computers and other office improvements — would be needed to ensure timely reporting of results in future citywide elections.