Moderate Party’s Founder Fined Because He Donated $20,000 to the Party He Founded

The Rhode Island State Board of Elections wants to levy a fine of $10,000 against Ken Block, because Block donated $20,000 to the Moderate Party of Rhode Island. Block is the person most responsible for conceiving of the Moderate Party and bringing it into existence as a ballot-qualified party earlier this year. See this story.

The whole purpose of limits on how much individuals may contribute to political parties is to prevent big donors from indirectly bribing influential politicians. Such limits make no sense when applied to political parties that have never elected any officials. The U.S. Supreme Court made this point in McConnell v FEC, and almost invited a minor party someday to bring an as-applied challenge. McConnell v FEC is the 2003 decision that upheld most of the McCain-Feingold law, which made it illegal for individuals to donate large amounts of money to national committees of political parties. It is not known if Block will defend himself using the constitutional argument. He does not concede that his donation broke any Rhode Island campaign law. He donated $10,000 to the state Moderate Party, and another $10,000 to one of the town committees of that party. The law is ambiguous about whether that is permitted.

California’s New Lieutenant Governor

On November 23, California Governor Arnold Schwarzenegger announced that he is appointing State Senator Abel Maldonado to be California’s new Lieutenant Governor. Senator Maldonado is the author of the “top-two open primary” ballot measure that will be on the June 2010 ballot. The State Senate must confirm him, but it is extremely likely that the Senate will approve the appointment. Maldonado is a Republican.

The office of Lieutenant Governor is vacant because the incumbent, Democrat John Garamendi, was elected to Congress in a special election earlier this month. California elects its Lieutenant Governor separately from its Governor.

Californians for Electoral Reform Resolves to Oppose “Top-Two Open Primary” on California Ballot in 2010

On November 21, the Board of Californians for Electoral Reform (“CfER”) voted to oppose the ballot measure that will be on the California ballot in June 2010. The ballot measure will probably appear on the ballot as the “Top-Two Open Primary”, because that is the name the legislature gave it when it voted in February 2009 to put it on the ballot.

CfER has been organized for more than ten years, and it has effectively advanced alternate voting systems in several cities in California, especially the use of Instant-Runoff Voting in San Francisco.