With control of the U.S. Senate at stake, hundreds of millions of dollars are expected to flow into Georgia over the next two months as voters decide the outcome of two U.S. Senate run-off elections. Donors seeking to make contributions to support their preferred candidates in these run-offs should be mindful of a variety of
Campaign Finance
Guidelines for Interacting with the Biden-Harris Transition and the Biden Inaugural Committee
With the election over, attention now turns to the transition and the upcoming inauguration of the new Biden-Harris Administration. In this alert, which will be of interest to chief compliance officers and many others across the country, Covington’s Election and Political Law Practice Group provides insight into what promises to be a transition and…
Guidance Regarding Contributions to Recount and Election Dispute Funds
As both presidential and down-ticket candidates gear up for post-election recounts and related litigation in several states, they and their political parties will be raising new funds to finance these efforts. As with campaign contributions made before the election, there are a variety of rules that apply to contributions to support post-election disputes.
The Federal…
How Can Corporations Support the Voting Process?
In the midst of the COVID-19 pandemic, voting in the 2020 general election is likely to look different than we have seen in recent times. Election officials across the country are working through in-person voting and vote-by-mail procedures and individual voters are deciding how best to cast their ballots. At the same time, many corporations…
Avoiding Straw Donor Issues
While federal campaign finance enforcement priorities can and do shift, prosecutions of “conduit contributions” or “straw donors” have remained steady over the years. Unlike most of federal campaign finance law, the law around straw donors is stable and well developed, and straw donor prosecutions tend to be straightforward. The recent media coverage surrounding allegations that…
The FEC Appears to be Exercising its Powers Without a Quorum
Over the past 10 days, the FEC has been quietly exercising authority reserved for when at least four Commissioners vote in favor of an action. Since July 3, however, the FEC has only had three Commissioners. This activity raises consequential questions about the FEC’s ability to act without a quorum, and presents important concerns about…
Increased Enforcement Risk for Criminal Campaign Finance Violations
Every four years, prosecutors at the Department of Justice (“DOJ”) train their sights on money spent to influence the outcome of the presidential election—and those who spend it. While the Federal Election Commission (FEC) has exclusive jurisdiction to penalize and enforce civil violations of the Federal Election Campaign Act (FECA), 52 U.S.C. § 30101 et …
Open for Business: The FEC’s Public Meeting on Thursday, June 18
Tomorrow, the FEC will hold its first open meeting since last August, now that Commissioner James Trainor III has been sworn in. The agenda will consist of four reasonably routine matters, consisting of three advisory opinion requests and a request for comments on whether the Commission should begin a rulemaking.
As of this morning, all…
Washington Becomes Latest State to Pass Law Prohibiting Foreign Involvement in Campaign Finance Activity
Effective tomorrow, June 11, 2020, a new law in Washington state prohibits involvement of “foreign nationals” in state campaign finance activity. The law also requires corporations and other entities to certify their compliance with the new law whenever they make a contribution in the state. This new law reinforces Washington’s reputation as one of the…
Reopening the FEC
In a 49-43 vote along party lines, the Senate confirmed Texas attorney James “Trey” Trainor to the Federal Election Commission today. This gives the FEC a quorum for the first time since August 31, 2019, when former Commissioner Matt Petersen stepped down to enter private practice. What effect will this have on the FEC and…