July 2012

The Campaign Finance Institute has just released an analysis of national political party fundraising so far this election cycle.  The report concludes that the national parties are “holding their own” and refers to “the parties’ hard money success since 2002.”  This appears to be a revisionist attempt to demonstrate that…
Continue Reading The Truth About National Political Party Fundraising

Today, the FEC issued a formal statement on the impact of the D.C. District Court’s decision this spring in Van Hollen v. FEC.  The conclusion — the disclosure regulations are to be applied as originally written, and the agency will employ common sense definitions of several terms.

As…
Continue Reading Disclosure Rules for Electioneering Communications — the FEC Provides Guidance

Yesterday, the Vermont Attorney General announced that it would not enforce the state’s $2,000 statutory contribution limit against independent expenditure PACs.  This policy change in practice allows Super PACs to raise unlimited funds for independent expenditure operations in Vermont.  Notably, the law will remain on the books and will be…
Continue Reading Contribution Limit Dominoes Continue to Fall for State Super PACs

Does a recent Federal Election Commission (FEC) advisory opinion request point to the next generation of fundraising structure for campaigns, political committees, and issue advocacy groups?  We have already seen Super PACs join together to take advantage of the joint fundraising committee (JFC) structure.  Now, American Future Fund (AFF) and…
Continue Reading New FEC Advisory Opinion Request: A Window into the Next Generation of Fundraising?

In an exchange of letters released Monday by Democracy 21 and the Campaign Legal Center, the IRS has stated that it will consider changes in the rules relating to political activity by 501(c)(4) organizations as it works to identify tax issues that should be addressed through regulations or other…
Continue Reading The IRS and 501(c)(4) Groups: Change May Come, But Not Quickly Enough For Some

Rhode Island recently joined the growing list of states that have updated their campaign finance laws to reflect the impact of the U.S. Supreme Court’s decision in Citizens United.  Important revisions to the state’s statute took effect at the end of June 2012.  The new law requires that independent…
Continue Reading Rhode Island Revises Its Campaign Finance Laws to Require Additional Disclosure of Independent Expenditures

More investment firms are adopting policies to address compliance with the SEC pay-to-play rule, according to a recent survey conducted by the Investment Adviser Association, the ACA Compliance Group, and Old Mutual Asset Management.  The survey of 555 firms found that 43% of firms reported adopting pay-to-play policies as…
Continue Reading Survey Says … SEC Pay-to-Play Policies Are on the Rise

Way back in the 1970s, the FEC and the Department of Justice signed a Memorandum of Understanding (the “MOU”) outlining how they would manage their concurrent jurisdiction for violations of the Federal Election Campaign Act.  The FEC has civil jurisdiction and the DOJ has criminal jurisdiction.  But over the years,…
Continue Reading Is Increased Criminal Enforcement of Election Laws on the Way Because the FEC and DOJ Are Making Nice-Nice?

On July 13, the FEC announced a settlement with Americans for Common Sense Solutions.  The group agreed to pay a penalty of $9,000 for failing to report $121,000 in electioneering commutations attacking Reps. Capps (D – Calif.) and Cicilline (D-R.I.) within 60 days of the November 2010 general election. FEC…
Continue Reading Ouch! Traps for the Unwary In FEC Electioneering Communications Reports