As we recently predicted the Supreme Court’s decision in United States v. Windsor striking down part of the Defense of Marriage Act is prompting the FEC to reconsider, and likely revise, its decision in an earlier Advisory Opinion, 2013-02 (“Winslow I”), that the definition of “spouse” under federal election law did not apply to same-sex couples married under state law.

In two days, the FEC will consider a draft opinion, “Winslow II,” which would reverse the FEC’s earlier position.  The specific issue addressed in Winslow II is whether both partners in a married couple can contribute up to the limit even if only one spouse has an income.  The answer in Winslow I was “yes”—if the married couple consists of a man and a woman.  Under Winslow I, however, a same-sex couple married under the law of their state would be at risk of violating a criminal prohibition against contributing in the name of another if both contributed and only one spouse had an income.

Winslow II would clarify that, in the absence of DOMA, the term “spouse,” as used in 11 C.F.R. § 110.1(i), would be defined based on state law.  As a result, both partners in a same-sex marriage would be permitted to make campaign contributions even if only one partner had an income.  The draft advisory opinion is open for written comment until 12:00 pm Eastern on July 24, 2013.

As we previously noted, the Supreme Court’s decision may impact more than contributions by spouses, including the scope of the restricted class for corporate or union communications.  If the FEC adopts the position in the draft Winslow II opinion, there are other aspects of federal election law that may be updated to account for the demise of DOMA.

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Insurance Advocacy for Policyholders

Kevin Glandon has helped policyholders recover over $1 billion for first party losses and third-party liabilities. Kevin has extensive experience with complex, multimillion-dollar property damage and business interruption claims arising out of catastrophic events, including damage to or destruction…

Insurance Advocacy for Policyholders

Kevin Glandon has helped policyholders recover over $1 billion for first party losses and third-party liabilities. Kevin has extensive experience with complex, multimillion-dollar property damage and business interruption claims arising out of catastrophic events, including damage to or destruction of commercial real estate, hotels, and manufacturing plants caused by hurricanes, floods, and fires–prominent risks potentially impacted by climate change. Kevin also has significant experience litigating and advising on coverage for environmental and products liability claims.

Kevin also assists clients with insurance recovery under cyber, fidelity and crime insurance, builder’s risk, and product recall policies, and has advised on impacts due to communicable disease and insurance-related due diligence in connection with major acquisitions. He advises clients regarding efficient and practical insurance strategies to prepare for and respond to first-party losses and third-party claims, and has worked extensively with forensic accountants, insurance brokers, and subject matter experts to achieve an effective, multidisciplinary approach to claim resolution. Kevin’s insurance-related experience spans the fields of commercial real estate, hospitality, manufacturing, government contracting, energy production, and professional sports.

Political Law

He also has experience advising clients in compliance and defense matters regarding political and election law, including the Foreign Agents Registration Act, the Securities and Exchange Commission’s pay-to-play rules, the Federal Election Campaign Act, Senate and House ethics rules, and numerous state and local political and election laws and regulations.