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 RulesCampaign Finance
Inflation 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 ConstitutionFEC Commissioners Issue New Guidance on Donor Disclosure for Groups Paying for Political Advertisements
By Zachary G. Parks, Kimberly Railey & Derek Lawlor on
Posted in Campaign Finance
Trade associations, 501(c)(4) social welfare organizations, other outside groups that pay for political advertisements, and their donors now have more answers to long-running questions regarding when donations to these groups are publicly reportable. After postponing consideration of the issue during its previous meeting, the Federal Election Commission (“FEC”) approved Wednesday…
Continue Reading FEC Commissioners Issue New Guidance on Donor Disclosure for Groups Paying for Political AdvertisementsThe Supreme Court Strikes Down Restrictions on Repayment of Candidate Loans. What Next?
Posted in Campaign Finance
As we previewed in the fall, the Supreme Court today struck down the longstanding statutory prohibition on the use of funds raised after Election Day to repay a candidate loan in Federal Election Commission v. Cruz. Although the outcome of the case—which was brought by Senator Ted Cruz (R-TX)…
Continue Reading The Supreme Court Strikes Down Restrictions on Repayment of Candidate Loans. What Next?New California Rules Target Amplification of Online Advertising
By Kimberly Railey on
Posted in Campaign Finance, State Law
In the digital age, it has become common to accuse opponents of propping up their online presence through paying influencers, buying followers or likes, or of being supported by bots. A California law new this year is looking to shed light on at least some of that activity.
The California…
Continue Reading New California Rules Target Amplification of Online Advertising
Covington Releases 50-State Survey of Campaign Finance, Lobbying, and Gift Rules (2022 Edition)
Corporations, trade associations, non-profits, other organizations, and individuals face significant penalties and reputational harm if they violate state laws governing corporate and personal political activities, the registration of lobbyists, lobbying reporting, or the giving of gifts or items of value to government officials or employees. To help organizations and individuals …
Considering the Broader Implications of Cruz v. FEC
By Peter Koski, Robert Lenhard, Derek Lawlor & Perrin Cooke on
Posted in Campaign Finance
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…
Continue Reading Considering the Broader Implications of Cruz v. FEC