David Metcalf

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FEC has said little about earmarking rule discussed in McCutcheon

While McCutcheon concluded the government’s anti-circumvention rationale was too speculative and attenuated to justify the biennial aggregate limits, the Court did discuss “multiple alternatives available” to the government that would serve this interest while still satisfying the First Amendment.  One such suggestion involved “earmarking” rules—which bar donors from trying to circumvent the base limits by … Continue Reading

Federal Court Enjoins Enforcement of Pennsylvania Ban on Corporate Contributions to Super PACs

On Monday, a federal court granted a preliminary injunction preventing Pennsylvania from enforcing its ban on corporate contributions and expenditures insofar as the challenged statute forbids corporations from contributing to political committees that exclusively make independent expenditures. In General Majority PAC v. Aichele, No. 1:14-cv-00332 (M.D. Pa. 2014), a DC-based Super PAC brought a First … Continue Reading

D.C. Council Passes Campaign Finance Legislation

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 bill, but ultimately removed any … Continue Reading
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