June 2013

The Supreme Court’s decision today invalidating the Defense of Marriage Act will impact campaign finance laws as well, probably nowhere more clearly than in casting doubt on the FEC’s February decision advising a candidate for the special U.S. Senate Primary Election in Massachusetts that he could not treat contributions from…
Continue Reading DOMA Invalidation Will Likely Impact Federal Contribution Limits

In a rare move for a federal appellate court, the U.S. Court of Appeals for the Tenth Circuit yesterday released a two-paragraph precedential opinion upholding various federal campaign finance laws and policies by simply adopting the district court’s decision.  The case is captioned Free Speech v. FEC.

The most…
Continue Reading Tenth Circuit Upholds FEC’s Broader Definition of “Express Advocacy”

The IRS on Tuesday issued its eagerly anticipated 30-day report summarizing its initial review and assessment of “what went wrong” in connection with the IRS’s use of inappropriate criteria to screen exemption applications from Tea Party groups seeking recognition that they are 501(c)(4) social welfare organizations.  We had previously blogged…
Continue Reading Charting a Path Forward for Certain 501(c)(4) Organizations, and Perhaps Others

As expected, earlier this week Governor Malloy signed a bill that changes key provisions of Connecticut’s campaign finance law.  Here are a few highlights of the legislation, which takes effect immediately.

Increase in Contribution Limits:  Many contribution limits applicable to individuals are doubled.  For example, the maximum aggregate limit applicable…
Continue Reading Connecticut Governor Signs Campaign Finance Bill

When the Supreme Court issued Citizens United v. FEC, there was little question that the landscape of campaign finance law shifted.  Much of the aftermath continues to focus on independent spending, contribution limits, and outright contribution bans on corporations and government contractors—restrictions that may have been…
Continue Reading Courts Struggle to Draw Constitutional Lines for Disclosure

Yesterday’s post noted several proposed changes to the Federal Election Commission’s Enforcement Manual that are likely to prove controversial.  Yet there are also proposals in that same document that merit serious consideration, if not outright support, from all on the Commission.  Here are just some suggestions of proposals that could…
Continue Reading A Vote on FEC Enforcement—Part II

Yesterday, the Wisconsin Assembly passed a bill that would modify Wisconsin’s ban on corporate expenditures  and double the state’s political contribution limits.  In response to Citizens United, the bill lifts Wisconsin’s blanket prohibition on corporate expenditures.  If passed by the Senate and signed into law, the bill would permit…
Continue Reading Wisconsin Assembly Votes to Permit Corporate Independent Expenditures, Double Contribution Limits

With the National Security Agency in the news, there has been some media attention to who is lobbying whom in the intelligence community, and how much they are spending while doing it.  Often media coverage of lobbying expenditures misinterprets the available federal Lobbying Disclosure Act (“LDA”) data.  The LDA notoriously…
Continue Reading Lobbying Disclosure and the Intelligence Community