advisory opinion

On Thursday, the Federal Election Commission (FEC) was unable to agree on whether Yamaha Motor Corporation, U.S.A. could sponsor a Separate Segregated Fund (a corporate “SSF” or “PAC” in common parlance) that solicited contributions from the employees of its dealers and service centers.  The request resulted in an unsurprising deadlock…
Continue Reading The More Things Change: The FEC and Yamaha Motor Corporation, U.S.A.

As we recently predicted the Supreme Court’s decision in United States v. Windsor striking down part of the Defense of Marriage Act is prompting the FEC to reconsider, and likely revise, its decision in an earlier Advisory Opinion, 2013-02 (“Winslow I”), that the definition of “spouse” under federal…
Continue Reading FEC Moves to Reconsider Scope of “Spouse” In Light of Supreme Court Decision Striking Down DOMA

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

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

A few weeks ago the New Jersey Election Law Enforcement Commission issued an advisory opinion indicating that it would enforce the state’s contribution limits against groups that (i) have a major purpose of influencing New Jersey elections and (ii) do so exclusively by making independent expenditures.  Although the Commission recognized…
Continue Reading Super PAC Files Challenge to New Jersey Contribution Limits

Groups that are planning to run independent expenditures in the New Jersey gubernatorial election this year should be aware of a new advisory opinion issued by the State’s Election Law Enforcement Commission late last week.  Under this latest guidance, groups that support or oppose New Jersey candidates may have to…
Continue Reading New Jersey Commission Intends to Enforce Contribution Limits Against State Super PACs

That is the question before the Federal Election Commission on Thursday at its next open meeting.  In a draft Advisory Opinion posted Friday, the preliminary answer is that a former candidate’s campaign committee faces no limits on contributions to a Super PAC.

The question is posed by former candidate,…
Continue Reading How Much Can a Former Candidate’s Campaign Committee Contribute to a Super PAC?

In June, the FEC approved a process for making text message political contributions limited to $50 per month.  In August, the FEC clarified the compliance responsibilities related to these small, anonymous text message contributions.  Now, just three weeks later, the FEC has approved a process for making text message contributions…
Continue Reading FEC Approves a Less Expensive Path to Larger Text Message Contributions

The FEC made public today two advisory opinions, AO 2012-26 (m-Qube II) and 2012-28 (CTIA), that clarify the permissibility of political contributions via text message.  Though the FEC gave general approval to text message contributing in AO 2012-17 (m-Qube I), campaigns and service providers sought additional guidance from the FEC…
Continue Reading FEC Approves Text Message Political Contributions … Again

Last month, the FEC approved a method for contributing to federal political committees by text message (AO 2012-17), but noted that the process described in that AO might not be the only permissible method.  Since that opinion, there have already been additional requests that seek clarification of the…
Continue Reading Putting a Name and Face Behind Text Message Contributions