Citizens United

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.

In a rare move for a federal appellate court, the U.S. Court of Appeals for the Tenth Circuit yesterday released a two-paragraph precedential opinion upholding various federal campaign finance laws and policies by simply adopting the district court’s decision.  The case is captioned Free Speech v. FEC.

The most…
Continue Reading Tenth Circuit Upholds FEC’s Broader Definition of “Express Advocacy”

Yesterday, the Wisconsin Assembly passed a bill that would modify Wisconsin’s ban on corporate expenditures  and double the state’s political contribution limits.  In response to Citizens United, the bill lifts Wisconsin’s blanket prohibition on corporate expenditures.  If passed by the Senate and signed into law, the bill would permit…
Continue Reading Wisconsin Assembly Votes to Permit Corporate Independent Expenditures, Double Contribution Limits

Despite seemingly widespread agreement between and among Vermont state legislators and Governor Shumlin that contributions to Vermont Super PACs should be capped in principle, it now appears unlikely that Senate Bill 82 will make it to the Governor’s desk in 2013.  The two chambers of the state legislature were unable …
Continue Reading Vermont Super PAC Contribution Limit Bill Stalls

Yesterday the Vermont House of Representatives moved the State one step closer to imposing contribution limits on independent-expenditure only committees, more commonly known as Super PACs.

As we reported here, the Senate has passed a bill (S. 82) that would limit contributions to Super PACs to $3,000, but only…
Continue Reading Vermont Moves Closer to Imposing Contribution Limits on Super PACs

Although over the last year many states have exempted Super PACs—i.e., groups that only make independent expenditures—from the strictures of contributions limits, Vermont may be headed in another direction.

This is not the first chapter in the Vermont Super PAC story.  As we noted last July, the Vermont…
Continue Reading Vermont Bill Proposes Cap on Contributions to State Super PACs

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

This morning the Supreme Court denied review in Danielczyk v. United States, a criminal case in which the defendants challenged the century-old federal ban on direct corporate contributions to candidates.  The district court had granted a motion to dismiss Count Four of the indictment, alleging that the defendants had…
Continue Reading Supreme Court Declines Review in Corporate Contributions Case

Corporations can engage in political activity.  But they must be careful how they do so; corporations still face restrictions, such as the prohibition on making contributions to federal candidates.  As we have seen, following a line of cases culminating in Citizens United, corporations may give unlimited sums to Super…
Continue Reading Straw Contributors and Corporate Contributions