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Election Law @ Moritz

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Litigation

 

Van Hollen v. IRS

Case Information

Date Filed: August 21, 2013
State: Washington, D.C.
Issue: Campaign Finance
Courts that Heard this Case: District Court for the District of Columbia (Case 1:13-cv-01276)

Issue:

Issue 1:

Did the IRS unlawfully withhold or unreasonably delay in failing to initiate a rulemaking to amend TR 1.501(c)(4)?

Issue 2:

 Does the IRS's directive constitute an act that is arbitrary, capricious, or an abuse of discretion because it permits section 501(c)(4) organizations to engage in substantial election campagin interventions?

Status:

Complaint filed 8/21/13. Case consolidated with CREW v. IRS on 9/6/13. Notice of Voluntary Dismissal by Van Hollen, Democracy 21, Campaign Legal Center, and Public Citizen, Inc. filed 12/6/13.

District Court Documents

Commentary

Edward B. Foley

The Constitution Needed a Judicial Assist

Edward B. Foley

“The majority contends that its counterintuitive reading of ‘the Legislature’ is necessary to advance the ‘animating principle’ of popular sovereignty.” With this sentence in his dissent (at page 14), Chief Justice Roberts gets to the heart of the debate in today’s 5-4 decision in the Arizona redistricting case.

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In the News

David  Stebenne

Can Kasich win all 88 Ohio counties?

Professor David Stebenne was quoted in an Ohio Watchdog article about the possibility of Governor John Kasich winning all 88 Ohio counties in his re-election bid.

“It’s really hard to do,” he said. “As popular as the governor is and as weak as his opponent is, I doubt he’ll carry all 88 (counties).”

Stebenne said Ohio has some unusual counties, which tend to be really Democratic or really Republican.

He said a good example was the election of 1956, when President Dwight Eisenhower carried 87 of 88 Ohio counties.

“He lost one of the Appalachian counties — a poor county where the residents tend to vote Democratic no matter what,” Stebenne said. “There was even some humorous discussion in the Oval Office about that one county.”

Glenn and Voinovich were “the two most popular candidates in modern history,” he added, “and they each only did it once. While Kasich is popular, he really doesn’t have the broad appeal that these two did.”

Stebenne said that both Voinovich and Kasich come from communities that tend to be more Democratic in voter registration, but that Kasich’s first race for governor was more divisive than the races for Voinovich.

“Voinovich had electoral success in Cleveland and as governor because he was able to persuade Democrats to vote Republican,” he said. “Glenn had national appeal across party lines.”

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Info & Analysis

D.C. Circuit Upholds Campaign Finance Statute

In an opinion issued today, the United States Court of Appeals for the District of Columbia upheld a federal statute barring individuals who have government contracts from making political campaign contributions. The case is Wagner v. FEC.

more info & analysis...