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
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Citizens United
St. Petersburg Passes Anti-Super PAC Ordinance, Hoping to Set Up Constitutional Showdown
The City of St. Petersburg, Florida yesterday passed an ordinance designed to take the question of “Super PACs” to the Supreme Court for the first time. The ordinance, which we discussed in detail earlier this year, imposes a $5,000 limit on contributions to groups that raise money for or make…
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Efforts to End Super PACs Moving Forward, Face Uphill Climb
Last summer there was much ado about the two parallel efforts of a “Dream Team” of attorneys to “end Super PACs.” Their goal was to get the Supreme Court to overturn the decision of the D.C. Circuit in SpeechNow v. FEC, and similar decisions in other circuits, which led to…
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The FEC Revisits the Ban on Foreign Nationals’ Financing of American Elections
On Thursday, the FEC will return to the question of foreign nationals’ involvement in United States elections. This is an important question that deserves appropriate attention from our government. Be it the role of Chinese government-linked funds in the 1996 presidential campaign or the Russian government-linked cyber intrusion in the…
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Forming and Operating Super PACs: A Practical Guide for Political Consultants in 2016
Covington recently released a high-level primer that provides political consultants with a practical resource for creating and running a federal Super PAC in a legally compliant manner. The primer, which is available here, explains the history and basic rules that apply to federal Super PACs. The primer then discusses…
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Highlights from Wagner; D.C. Circuit Upholds Contributions Restrictions But Limits Ruling
The Wagner case, decided today by the D.C. Circuit, is important because of its analysis of the constitutionality of federal campaign contribution restrictions and, by extension, of pay-to-play laws generally. Covington has been monitoring this case since the district court decision in 2012, to the argument before the D.C. Circuit…
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5 Myths about Super PACs
Few subjects in federal campaign finance law are so frequently garbled by commentators, the press and the public as what a Super PAC is and how it operates. Here is a short list of common mistakes.
1. Super PACS are “shadowy” “dark money” groups that mask where their money comes …
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In Chevron Case, FEC Brings Clarity to the Federal Contractor Ban and Super PACs
The rules on corporate contributions to Super PACs were made clearer today when the Federal Election Commission (FEC) released its finding that Chevron Corporation’s $2.5 million contribution in 2012 to the Congressional Leadership Fund (a Super PAC) had not violated the bar on government contractors making contributions in federal elections.
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Will States Ignore the Supreme Court’s Coming McCutcheon Decision?
The Supreme Court is expected to rule soon, in McCutcheon v. FEC, on whether the Federal Election Campaign Act’s biennial aggregate limits on individual political contributions are constitutionality permissible. Many have argued that, if the Supreme Court strikes down the federal limits, aggregate limits imposed by state law will…
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Federal Court Enjoins Enforcement of Pennsylvania Ban on Corporate Contributions to Super PACs
On Monday, a federal court granted a preliminary injunction preventing Pennsylvania from enforcing its ban on corporate contributions and expenditures insofar as the challenged statute forbids corporations from contributing to political committees that exclusively make independent expenditures.
In General Majority PAC v. Aichele, No. 1:14-cv-00332 (M.D. Pa. 2014), a…
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