Independent expenditure committees (“Super PACs”) have become commonplace at the federal level and in a number of states as well. The legal reasoning behind Super PACs, as explained in the Speechnow case (and several other federal and state cases), is that since the Supreme Court has recognized the right of individuals and corporations to spend
Independent Expenditures
Maryland Bill Overhauling Campaign Finance Rules Moves Toward Adoption
Significant campaign finance reform legislation cleared the Maryland House of Delegates Thursday, and is now under consideration by a committee of the Maryland Senate. The Campaign Finance Reform Act of 2013 (HB 1499 and SB 1039) responds to recommendations of the recently convened Maryland Commission to Study Campaign Finance Law. The bill addresses…
The Ban on Corporate Contributions Survives for Now
The Supreme Court announced today that it will not hear a case challenging the longstanding federal ban on corporate contributions. The case involved promises by a CEO that his corporation would reimburse employees for contributing to Hillary Clinton’s 2008 Presidential campaign. The trial court held that the ban on corporate contributions was unconstitutional in the…
McCutcheon and State Contribution Limits: Collateral Targets
While the landmark Citizens United case concerned only the federal ban on the financing of election ads by corporations, the Supreme Court’s ruling implicitly struck down a host of similar state laws. That’s because the Court decided that a ban on political expenditures that are not coordinated with candidates or parties violates the U.S. Constitution.…
Candidates and Super PACs: A Complicated Relationship
In the wake of the 2012 elections, questions linger about what kinds of relationships are permissible between a candidate and an independent-expenditure only group (i.e., a Super PAC). In planning their activities, Super PACs may consider using a photo of the candidate from a campaign ad or website, or even approaching candidates and…
Venable Hosts Webinar on Political Law Basics – February 27
We hope you will join us for a webinar on February 27 at 1:00, called Political Law 101. We will cover all the major topics you need to be thinking about as you ramp up for lobbying the new Congress and state legislatures, host site visits and other events, and prepare for the next election…
Is my donation really anonymous?
Many “political” organizations have 501(c)(4) arms that claim to allow their donors to remain anonymous. Donors who don’t mind being disclosed often give to independent expenditure committees (“super PACs”), which publicly disclose all of their donors to state or federal officials. Those who prefer not to disclose their name, address, occupation, and employer will often…
Government Contractors Face Growing Risks from Laws Regulating Political Contributions
The landmark Supreme Court ruling in the Citizens United case paved the way for explosive growth in political spending during the 2012 election cycle. However, for government contractors and their principals, a growing number of “pay-to-play” laws restrict political contributions and fundraising, and can result in severe penalties, including the loss of contracts. Venable has…
California High Court Orders Nonprofit to Release Donor Records to State Watchdog
Americans for Responsible Leadership (“ARL”), a Phoenix-based nonprofit organization, disclosed its donors today in response to a ruling late yesterday from California’s highest court. The suit to enforce a new California disclosure regulation was filed by the state’s Fair Political Practices Commission (“FPPC”). According to the FPPC, the contribution was funneled to ARL from two…
Election-Cycle Limits In Doubt As Case Heads For Supreme Court
A case headed to the Supreme Court could upend longstanding rules limiting federal political contributions. The Republican National Committee and an individual plaintiff filed an appeal yesterday after a three-judge panel of the U.S. District Court for the District of Columbia rejected their challenge to limits on the total amount an individual may contribute over…