First Amendment

Just one week ago, a federal court in Colorado held that the state’s system for enforcing its campaign finance laws was unconstitutional.  Moving quickly, the Colorado Secretary of state has enacted temporary enforcement rules, effective immediately.

Under the new rules, any person may file a complaint, just like under
Continue Reading Colorado Enacts Replacement Campaign Finance Enforcement System

In a case with interesting ramifications, a federal court this week struck down major parts of Colorado’s campaign finance enforcement system as unconstitutional.

The system at issue, which was created through a ballot initiative, generally allowed any person who believed there had been a violation of the state’s campaign finance
Continue Reading Colorado Campaign Finance Enforcement System Found Unconstitutional

The Securities and Exchange Commission announced Tuesday that it will allow further comment on a pay-to-play rule proposed by the Financial Industry Regulatory Authority (FINRA).

As we discussed previously, if the SEC approves FINRA’s pay-to-play rule, it would clarify that investment advisers are allowed to hire third party solicitors
Continue Reading Enforcement, Clarity Delayed for FINRA Pay-to-Play and Third Party Solicitation Rules

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
Continue Reading Highlights from Wagner; D.C. Circuit Upholds Contributions Restrictions But Limits Ruling

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.
Continue Reading In Chevron Case, FEC Brings Clarity to the Federal Contractor Ban and Super PACs

The Supreme Court’s latest major campaign finance decision, McCutcheon v. FEC, “does not involve” a challenge to current limits on contributions to political party committees and PACs, which the Court “previously upheld as serving the permissible objective of combatting corruption.”  But it nonetheless provides fodder for those who would
Continue Reading After McCutcheon, Are Limits on Party Committee and PAC Contributions Justifiable?

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
Continue Reading Federal Court Enjoins Enforcement of Pennsylvania Ban on Corporate Contributions to Super PACs

The Senate Committee on Rules and Administration held a hearing this morning to consider the nominations of Ann Miller Ravel and Lee E. Goodman to serve as Members of the Federal Election Commission.  It was smooth sailing for the nominees, with Members of Congress and nominees alike lamenting the current
Continue Reading Smooth Sailing — Today’s Committee Hearing on FEC Nominations

Late yesterday afternoon, the Treasury Inspector General for Tax Administration released its eagerly awaited report on its investigation into the IRS’s use of inappropriate criteria for screening tax-exempt applications (“IG Report”). The Inspector General initiated its investigation after members of Congress raised concerns during the 2012 election cycle that the
Continue Reading Treasury Inspector General to IRS: Yes, That Was Wrong

October always means one thing for court-watchers: the start of a new U.S. Supreme Court term.  On the first Monday of that month (when the Term traditionally begins), the Supreme Court typically releases an Orders List denying many of the thousands of petitions for certiorari that have piled up over
Continue Reading U.S. Supreme Court Passes on First Political Law Cases for this Term