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Earlier today, IRS Commissioner John Koskinen, in his first appearance before the House Appropriations subcommittee on Financial Services and General Government Oversight, stated that final regulations governing political activity by 501(c)(4) social welfare organizations are unlikely to be completed before the November elections.

His statement seems to differ from the
Continue Reading Conflicting Signals on Finalizing the Proposed Treasury Regulations for 501(c)(4)s

The Daily Herald reported that last Tuesday suburban Chicago DuPage County repealed previously adopted county-specific pay-to-play rules.  In 2010, DuPage County enacted a county ordinance prohibiting any “officer,” including county board members, from soliciting or accepting campaign contributions in excess of $1,000 from any person or entity seeking an official
Continue Reading DuPage County (Illinois) Board Repeals Self-Imposed Pay-to-Play Restrictions

As forecasted, a federal court has entered a permanent injunction that permits Super PACs in New Jersey to raise unlimited funds, pursuant to the parties’ agreement.  This resolves the suit brought by the Fund for Jobs, Growth & Security after the state’s Election Law Enforcement Commission advised the Fund
Continue Reading Agreed-Upon Permanent Injunction Releases N.J. Super PACs from Limits

Twenty House Democrats yesterday introduced proposed legislation that, if enacted in its current form, would amend the Federal Election Campaign Act of 1971 to:

  • Require corporations and labor unions which “submit[] regular, periodic reports” to their shareholders and members to include certain detailed information concerning their political spending.  That information


Continue Reading OPEN Sesame or a Potemkin Village?

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