April 2013

Earlier this year we predicted that battles over the definition of “coordination” and Super PAC “independence” would play a significant role in the development of campaign finance law in the coming years.   In keeping with that forecast, last week, the California Fair Political Practices Commission for the first time fined
Continue Reading Fine Levied Against California Super PAC a Possible Signal of Things to Come

This morning the Senate Judiciary Committee Subcommittee on Crime and Terrorism held a hearing on “Current Issues in Campaign Finance Law Enforcement.”  The focus of the hearing was what the Department of Justice and Internal Revenue Service are doing to enforce campaign finance law violations post-Citizens United with respect
Continue Reading Senate Judiciary Committee Holds Campaign Finance Enforcement Hearing

A few weeks ago the New Jersey Election Law Enforcement Commission issued an advisory opinion indicating that it would enforce the state’s contribution limits against groups that (i) have a major purpose of influencing New Jersey elections and (ii) do so exclusively by making independent expenditures.  Although the Commission recognized
Continue Reading Super PAC Files Challenge to New Jersey Contribution Limits

A Wall Street Journal article says that a report published today by the Government Accountability Officeurges” the creation of a new disclosure regime for political intelligence firms.  That’s not how we read the report.

As background, when the Senate passed the Stop Trading on Congressional Knowledge Act
Continue Reading Skeptical GAO Report Considers Potential “Political Intelligence” Disclosure Requirements

Today we issued a detailed advisory to clients about the anticipated campaign finance investigation by the Senate’s Permanent Subcommittee on Investigations.  Senator Levin, who chairs the Subcommittee, recently announced his intention to lead an investigation of “secret money” in US elections.  We are following this very closely for clients, including
Continue Reading Covington Issues Client Advisory Concerning Senate PSI Campaign Finance Investigation

This year’s march of state government campaign finance reforms continues, with the Governor of Utah signing H.B. 43 into law earlier this week.

Utah already requires corporations—including nonprofits—to report how much they spend on political expenditures once they reach a $750 threshold for a calendar year.  But the newly enacted
Continue Reading Utah Corporate Disclosure Bill Signed Into Law

The Government Accountability Office this week issued its sixth annual report summarizing the results of its audit of approximately one hundred federal Lobbying Disclosure Act registrants.  As we previously explained when the audits began, federal law requires the GAO to select LDA registrants on a “random” basis for an audit
Continue Reading GAO Report Signals Slow But Steady Increase In Lobbying Disclosure Act Enforcement

Since 2005, Florida has had one of the strictest restrictions on lobbyists and principals giving gifts to state legislators.  Except for “floral arrangements” or “other celebratory items” given on the opening day of regular session, the law flatly prohibits a lobbyist or principal from making “any expenditure” with respect to
Continue Reading Florida Legislators Take First Look at Proposed Lobbyist Gift Ban Exceptions

Rhode Island — currently a “disclosure only” pay-to-play state — is considering adding a political contributions ban to its pay-to-play repertoire.  In February, Rhode Island Attorney General Peter Kilmartin proposed legislation to prohibit state vendors, their ten-percent owners, their executive officers, and the spouses and minor children of
Continue Reading Tough Pay-To-Play Bill Under Consideration in Rhode Island