December 2013

This year has not been a great one for activists seeking to force corporations to increase disclosure of their political activities.  According to the Manhattan Institute’s Center for Legal Policy, average shareholder support for proposals related to political spending or lobbying declined again this year, from 22 percent to 20…
Continue Reading Shareholders Try New Tactic in Corporate Political Disclosure Fight

Earlier this year, New York Governor Andrew Cuomo empaneled a so-called “Moreland Commission,” under New York’s Moreland Act, to investigate public corruption.  The Moreland Commission, also known as the Commission to Investigate Public Corruption, is led by several state prosecutors.  It recently issued its preliminary report.  That report reflects…
Continue Reading New York’s “Moreland Commission” Issues Its Preliminary Report

The Washington State Public Disclosure Commission raised campaign contribution limits last week.  Effective January 5, 2014, corporations, PACs, and individuals will be able to donate $950 per election to legislative candidates and $1,900 per election to gubernatorial and other statewide candidates.  A primary and general election are considered separate elections…
Continue Reading Washington State Increases Contribution Limits, Tweaks Lobbying Disclosure

After extensive legislative deliberation over the past year, last week the Council of the District of Columbia unanimously approved a campaign finance reform bill which aims to tighten up rules around LLC contributions and promote fundraising transparency.  Notably, the D.C. Council had contemplated inserting pay-to-play restrictions in the campaign finance…
Continue Reading D.C. Council Passes Campaign Finance Legislation

On Thursday, the Federal Election Commission (FEC) was unable to agree on whether Yamaha Motor Corporation, U.S.A. could sponsor a Separate Segregated Fund (a corporate “SSF” or “PAC” in common parlance) that solicited contributions from the employees of its dealers and service centers.  The request resulted in an unsurprising deadlock…
Continue Reading The More Things Change: The FEC and Yamaha Motor Corporation, U.S.A.

If there was an award for “political law issue of the year,” corporate political disclosure would be a front-runner.  About a year ago, the Securities & Exchange Commission (“SEC”) asked the Office of Information and Regulatory Affairs (“OIRA”)—housed within the Office of Management and Budget as part of the Executive…
Continue Reading SEC Takes a Pass on Corporate Political Disclosure, But Other Fronts Remain

The Seventh Circuit Court of Appeals recently held that the application of Indiana’s telemarking statute to interstate political calls was not preempted by federal law.  You can read more details on the case, Patriotic Veterans v. Indiana, on Covington’s Inside Privacy blog.  One important takeaway from the case is…
Continue Reading Seventh Circuit Upholds Indiana Statute Regulating Interstate Political Robocalls