Tag Archives: First Amendment

Colorado Enacts Replacement Campaign Finance Enforcement System

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 the old system.  However, the rules … Continue Reading

Colorado Campaign Finance Enforcement System Found Unconstitutional

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 laws to file a written … Continue Reading

Enforcement, Clarity Delayed for FINRA Pay-to-Play and Third Party Solicitation Rules

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 if they are subject to FINRA … Continue Reading

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 in 2013, and the decision … Continue Reading

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. Public Citizen and several environmental … Continue Reading

After McCutcheon, Are Limits on Party Committee and PAC Contributions Justifiable?

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 challenge party and PAC limits. The … Continue Reading

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 DC-based Super PAC brought a First … Continue Reading

Treasury Inspector General to IRS: Yes, That Was Wrong

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 IRS was selectively enforcing the … Continue Reading

U.S. Supreme Court Passes on First Political Law Cases for this Term

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 the summer.  This Term’s list, … Continue Reading
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