In this article, I use recall elections as a way to consider the current state of campaign finance jurisprudence as it relates to all the mechanisms of direct democracy; recalls provide a different framework to assess campaign finance rules because they are explicitly hybrid elections, combining a ballot question about the recall of an official and, sometimes simultaneously, the election of a successor. Part I will lay out the structure of the recall process, particularly in California and Wisconsin, the two states in which statewide recalls of governors have shaken the political establishment and caught the attention of the nation. Part II will analyze the constitutional issues raised by campaign finance regimes that include contribution limitations affecting recall elections, particularly in light of Citizens United v. Federal Election Commission. Part III will extend this analysis and argue that the conclusions reached about permissible regulatory structures in the context of recalls implicate the way states and municipalities regulate money in ballot measure campaigns generally.
Who Will Be the Next Victim of the Grand Bounce? A nonpartisan, nonjudgmental look at the “Hair-Trigger” Form of Government
Thursday, August 2, 2012
Professor Beth Garrett article on Recalls and Campaign Finance
I haven't had a chance to read the whole piece yet, but it does look fascinating. Here's the synopsis:
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