Covington annually publishes a detailed survey of state campaign finance, lobbying, and gift rules. Now, for the first time, Covington is releasing an updated survey that details federal campaign finance, lobbying, and gift rules, in addition to those of the 50 states and the District of Columbia. Corporations, trade associations, non-profits, other organizations, and individuals face
Recent Arkansas Sentencing Highlights How Easily Federal Prosecutors Can Target State Campaign Finance Issues
What happens in Arkansas does not stay in Arkansas. Or at least not when federal prosecutors from the Department of Justice’s Public Integrity Section get involved.
A recent sentencing from Arkansas highlights the many options in DOJ’s toolkit to pursue “state-level” misconduct involving public officials. In the case of former state senator Jeremy Hutchinson, DOJ
Updated and Expanded: Covington Announces 2023 Edition of Pay-to-Play Rule Survey
For over a decade, Covington has published a detailed survey of the “pay-to-play” laws of all 50 states. Now, for the first time, Covington is updating the survey with a new section covering federal pay-to-play rules, in addition to those of the 50 states and many cities and counties. This new section details the federal
When is a Treasurer Personally Liable for PAC Violations?
The Federal Election Commission (“FEC”) recently answered a common question for those involved in operating a federal PAC: When is the treasurer personally liable for violations of the rules on recordkeeping and reporting? In doing so, the FEC highlighted the importance of external oversight of PAC operations, and the value of periodic audits of the
Ranking of Companies on PoliticalDisclosure Now Expanded to Russell 1000
The CPA-Zicklin Index, which ranks companies’ political disclosure practices, has issued a new
report ranking companies in the Russell 1000 Index. This is a significant expansion of the Index,
which previously only covered companies from the S&P 500. The expansion will impact many
public companies that have not previously been subject to scrutiny by political
Picking Battles: The FEC and the Constitution
Perhaps no citation has been more favored in Federal Election Commission (“FEC”) decisions over the past decade than Heckler v. Chaney, 470 U.S. 821 (1985), a Supreme Court decision that gives an agency broad discretion over which enforcement cases to pursue. But there is a category of cases where the FEC is not employing
Considering the Broader Implications of Cruz v. FEC
Late last week, the Supreme Court indicated that it intends to review a challenge by Senator Ted Cruz (R-TX) to federal limits on the use of post-election contributions to repay pre-election loans that candidates make to their own campaigns. This follows an earlier three-judge district court decision that struck down those limits as unconstitutional under
Use of FEC Data – The Vice Chair Says the FEC Has Taken “A Wrong Turn”
There are few things as seductive in politics today as good data, and few things as challenging for commercial firms as the statutory bar on the use of FEC data for commercial purposes. That came to a head yesterday, when the FEC was unable to reach a decision on an advisory opinion request on use of the FEC’s donor data to, among other things, confirm the identity and score potential donors in a client’s existing database. The case highlights the gap between the regulated community and where a majority of FEC Commissioners may soon take the law.
Continue Reading Use of FEC Data – The Vice Chair Says the FEC Has Taken “A Wrong Turn”
FEC Provides Short Webinar Training for Candidate Committees
The Federal Election Commission (“FEC”) is offering a 90-minute online training session on Wednesday, April 7th, for campaign committees that use FECFile to file their disclosure reports. The purpose of this training is to address common filing problems and to provide answers to questions committees may have prior to their quarterly FEC filing. FEC staff
Senators Urge Secretary Yellen to Expand IRS Regulation and Enforcement of Political Spending by 501(c)(4) Organizations
In a letter sent to newly confirmed Treasury Secretary Janet Yellen last Wednesday, Senators Sheldon Whitehouse and Elizabeth Warren called for renewed efforts to “rein in abuse by ‘dark money’ organizations” and urged Secretary Yellen to bolster the IRS’s “woefully inadequate” regulation and enforcement related to the political activity of 501(c)(4) social welfare organizations. As