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 election law did not apply to same-sex … Continue Reading
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 in March that it was powerless … Continue Reading
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 a same-sex couple married under … Continue Reading
As expected, earlier this week Governor Malloy signed a bill that changes key provisions of Connecticut’s campaign finance law. Here are a few highlights of the legislation, which takes effect immediately. Increase in Contribution Limits: Many contribution limits applicable to individuals are doubled. For example, the maximum aggregate limit applicable to individuals contributing to various … Continue Reading
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 corporate independent expenditures and corporate contributions … Continue Reading
A Wisconsin resident has brought a federal lawsuit challenging the state law that restricts individual political contributions to candidates and committees to $10,000 in a calendar year. As alleged in the complaint in the case, captioned Young v. Vocke, the aggregate limit is so low that if an individual were to make a maximum contribution … Continue Reading
With the New Jersey gubernatorial primary election fast approaching, we have been tracking a legal challenge to the State’s treatment of contributions to Super PACs. Back in March, the Election Law Enforcement Commission issued an advisory opinion to the Fund for Jobs and Growth, explaining that the group would need to adhere to contribution limits … Continue Reading
New changes to Alabama law will allow corporations, like individuals, to make unlimited campaign contributions in Alabama state and local elections. Last Friday, Governor Robert Bentley signed the law which removes the $500 per election cap on corporate contributions. (The Alabama Attorney General’s Office interpreted the $500 per election cap to mean corporate contributions to … Continue Reading
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 to agree on the specifics … Continue Reading
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 if the U.S. Court of Appeals … Continue Reading
Last Thursday, Maryland Governor Martin O’Malley signed a new campaign finance law. Among other provisions, the law requires disclosure of contributors to independent expenditure and electioneering groups. The new law, which generally goes into effect in 2015, will require disclosure of the identity of any person contributing $6,000 or more to independent expenditures or independent … Continue Reading
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 Attorney General declared that the State would … Continue Reading
Yesterday, Florida Governor Rick Scott signed a campaign finance bill into law just hours before a midnight deadline. The new measure makes a number of changes to Florida’s campaign finance laws, including the following: Contribution limits increased from a uniform $500 limit to $1,000 for legislative and local offices and $3,000 for statewide offices. New … Continue Reading
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 that its position might be … Continue Reading
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 register as political committees and … Continue Reading
The Federal Election Commission increased the limits on the amount an individual can contribute to a candidate or national political party, as well as the overall limit on the amount an individual can give to all federal candidates and federal political committees in a two-year election cycle. An individual can now give up to $2,600 … Continue Reading
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, Mike Haridopolos. He dropped out of … Continue Reading
With respect to the upcoming presidential election, it appears that the dust has settled on the Montana contribution limits litigation. As a refresher, the district court invalidated the State’s contribution limits and the State appealed the ruling to the Ninth Circuit and requested an emergency stay pending appeal. Yesterday the Ninth Circuit granted the stay … Continue Reading
As we noted last week, the Montana contribution limits case was headed to the Ninth Circuit. Without ruling on the merits of the suit, the Ninth Circuit today “temporarily stayed” the district court’s order, which had invalidated Montana’s campaign contribution limits. The Ninth Circuit stated that its review was “severely constrained” by the lack of findings of … Continue Reading
Montana, which has become somewhat of a hotbed for campaign finance litigation, saw another one of its laws struck down yesterday. Following a bench trial, a U.S. District Court determined that “Montana’s contribution limits in Montana Code Annotated § 13-37-216 are unconstitutional under the First Amendment” because they “prevent candidates from ‘amassing the resources necessary … Continue Reading
