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 ConventionsAs States Lead Efforts to Address Deepfakes in Political Ads, Federal Lawmakers Seek Nationwide Policies
By Matthew Shapanka & Samuel Klein on
Posted in Political Law
A New Orleans magician recently made headlines for using artificial intelligence (AI) to emulate President Biden’s voice without his consent in a misleading robocall to New Hampshire voters. This was not a magic trick, but rather a demonstration of the risks AI-generated “deepfakes” pose to election integrity. As rapidly evolving…
Continue Reading As States Lead Efforts to Address Deepfakes in Political Ads, Federal Lawmakers Seek Nationwide PoliciesFEC 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 ElusiveWhen 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?Picking 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?Employees Running for Public Office: Political Law Compliance Considerations
By Derek Lawlor on
Posted in Campaign Finance, Government Ethics
Even corporations with careful political law compliance practices can be caught off guard when they learn that an employee is running for public office. The corporation may have a good understanding of what the corporation’s obligations and restrictions are in the political arena, but not fully know how to handle…
Continue Reading Employees Running for Public Office: Political Law Compliance Considerations
Understanding H.R. 1 (Part 1): Corporate & Trade Association Campaign Activity
Posted in Campaign Finance
With a growing chorus of support across the progressive landscape, the For the People Act of 2021 has emerged as a key legislative priority for congressional Democrats in the 117th Congress. Envisioned as a “transformational anti-corruption and clean elections reform package,” the bill would enact sweeping changes to federal election…
Continue Reading Understanding H.R. 1 (Part 1): Corporate & Trade Association Campaign Activity