With Election Day fast approaching, corporations face increasing pressure from both internal and external forces to make legal decisions about political activities. This can be a fraught area of law, with little understood, highly technical regulatory issues that vary significantly across jurisdictions. Corporate counsel should be mindful of common—and sometimes
Continue Reading Avoiding Pitfalls on the Path to Election Day: Common Political Law Risks for Corporations in Election SeasonCampaign Finance
Headed to Milwaukee or Chicago this Summer? Political and Governmental Ethics Rules at the 2024 National Party Conventions
The Democratic and Republican National Party Conventions are a premiere forum for businesses and trade groups to elevate their priorities to candidates, elected officials, and staff. However, thanks to a complex regulatory regime, participation in convention events can invite scrutiny and legal trouble. The Republican Convention is scheduled to take…
Continue Reading Headed to Milwaukee or Chicago this Summer? Political and Governmental Ethics Rules at the 2024 National Party ConventionsFEC Seeks Comment on AI Petition After Earlier Deadlock, But New Rules Remain Elusive
By Matthew Shapanka on
Posted in Campaign Finance
The Federal Election Commission (FEC) officially dipped its toes into the ongoing national debate around artificial intelligence (AI) regulation, publishing a Federal Register notice seeking comment on a petition submitted by Public Citizen to initiate a rulemaking to clarify that the Federal Election Campaign Act (FECA) prohibits deceptive AI-generated campaign…
Continue Reading FEC Seeks Comment on AI Petition After Earlier Deadlock, But New Rules Remain ElusiveCovington Releases Updated Survey of Federal and State Campaign Finance, Lobbying, and Gift Rules (2023 Edition)
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…
Continue Reading Covington Releases Updated Survey of Federal and State Campaign Finance, Lobbying, and Gift Rules (2023 Edition)Recent Arkansas Sentencing Highlights How Easily Federal Prosecutors Can Target State Campaign Finance Issues
By Peter Koski & Robert Lenhard on
Posted in Campaign Finance, Enforcement
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…
Continue Reading Recent Arkansas Sentencing Highlights How Easily Federal Prosecutors Can Target State Campaign Finance IssuesWhat You Need to Know about the FEC’s New Internet Communications Disclaimer Rules
By Derek Lawlor & Kimberly Railey on
Posted in Campaign Finance
Political committees, advertisers, and advertising platforms have operated under a cloud of uncertainty regarding which disclaimers, if any, must appear on internet-based advertisements. Existing Federal Election Commission (“FEC”) regulations and guidance left many unanswered questions about the disclaimers required for these increasingly important internet ads. The FEC has finally offered…
Continue Reading What You Need to Know about the FEC’s New Internet Communications Disclaimer RulesInflation Hits the FEC: Contribution Limits for 2023-2024 Raised in the Largest Periodic Increase Ever
By Derek Lawlor, Zachary G. Parks & Alex Langton on
Posted in Campaign Finance
The Federal Election Commission has announced contribution limits for 2023-2024. The new “per election” limits are effective for the 2023-2024 election cycle (November 9, 2022 – November 5, 2024), and the calendar year limits are effective January 1, 2023. The new limits represent the largest election cycle increase since the…
Continue Reading Inflation Hits the FEC: Contribution Limits for 2023-2024 Raised in the Largest Periodic Increase EverWhen is a Treasurer Personally Liable for PAC Violations?
By Robert Lenhard, Elizabeth Upton & Kimberly Railey on
Posted in Campaign Finance, Enforcement
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…
Continue Reading When is a Treasurer Personally Liable for PAC Violations?California Raises Campaign Contribution and Gift Limits for 2023-2024
By Kimberly Railey on
Posted in Campaign Finance, State Law
The California Fair Political Practices Commission (FPPC) adopted on Thursday higher political contribution limits and public officer gift limits for the 2023-2024 political cycle. The new limits take effect on January 1, 2023.
Contribution Limits
Under the new limits, an individual, business entity, or committee/PAC can contribute $5,500 per election…
Continue Reading California Raises Campaign Contribution and Gift Limits for 2023-2024Picking Battles: The FEC and the Constitution
By Robert Lenhard & Zachary G. Parks on
Posted in Campaign Finance
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…
Continue Reading Picking Battles: The FEC and the Constitution