CCP
Center for Competitive Politics Files Brief in Support of Colorado’s Efforts to Conform to Federal Court Rulings
The Center for Competitive Politics (CCP) filed a friend of the court brief with the Colorado Supreme Court urging the Court to uphold Secretary of State Scott Gessler’s proposed rule to conform the state’s issue committee rules with a federal court ruling.The brief points out the predicament the Secretary of State is seeking to avoid“[o]n one side is the express language of Article XXVIII § 2(10)(a)(II), creating a $200 reporting threshold. From the other, the Tenth Circuit has found $2,200 in total contributions as too low to justify for state regulation of political speakers – and has explicitly found that amounts less than $1,000 are ‘well below’ the constitutional line for issue committee status. “According to the brief, the result is that “[i]t appears the Secretary is trapped between an explicit provision of Article XXVIII and the explicit decision of the Tenth Circuit.”
Independent Groups
Roll Call: Trial Lawyers PAC Agrees to Pay $27,000 Civil Penalty
By Kent CooperThe American Association for Justice PAC is the separate segregated fund of the American Association for Justice, a 501(c)(6) tax-exempt trade association. The trade association was formerly known as the Association of Trial Lawyers of America. The PAC discovered errors in their financial accounting, hired an outside accountant and brought it to the attention of the Federal Election Commission.The PAC found errors in its credit card processing of administrative expenses and reimbursement of expenses by its state affiliates, amounting to $61,201. The PAC also found errors in its cash-on-hand figure, which was overstated by $326,551.
SCOTUS/Judiciary
SCOTUSBlog: Symposium: McCutcheon v. Federal Election Commission
By Ronald Collins and David SkoverOn Tuesday, October 8, the Court will hear arguments in McCutcheon v. Federal Election Commission. In his merits brief on behalf of the Republican National Committee (RNC), attorney James Bopp calls on the Court to expand the First Amendment rights of those who contribute money to political campaigns. This constitutional challenge to aggregate limits on contributions to federal candidates and political committees addresses an issue left untouched in Citizens United v. Federal Elections Commission (2010).Appellant Shaun McCutcheon, the Chief Executive Officer of Coalmont Electrical Development, is the treasurer of a super PAC called the Conservative Action Fund. Represented by Michael T. Morley, McCutcheon is contesting the Bipartisan Campaign Reform Act’s $74,600 two-year ceiling on contributions to non-candidate committees along with the $48,600 two-year ceiling on donations to candidate organizations.
SCOTUSBlog: Symposium: The distinction between contribution limits and expenditure limits
By Erwin ChemerinskyFor almost forty years, since Buckley v. Valeo in 1976, campaign finance law has been based on the distinction between contribution limits and expenditure limits. In Buckley, the Court held that contribution limits – restrictions on the amount that a person gives to a candidate or a committee – are generally constitutional. But expenditure limits – restrictions on what a person spends overall – are unconstitutional. Citizens United v. Federal Elections Commission in 2010 applied this distinction and held that limits on independent expenditures by corporations violate the First Amendment.McCutcheon v. Federal Election Commission provides the Supreme Court with an occasion to reconsider this distinction. The issue in McCutcheon is whether aggregate limits on contributions are constitutional. Specifically, the plaintiffs are challenging the Bipartisan Campaign Reform Act’s $74,600 two-year ceiling on contributions to non-candidate committees and the $48,600 two-year ceiling on donations to candidate organizations.
FEC
Roll Call: Twitter Inc. Registers to Lobby and Forms Twitter#PAC
By Kent CooperA social-networking company is increasing its outreach to federal legislators and regulators and going beyond its messages of 140 characters.Twitter Inc. has registered to lobby the executive and legislative branches in areas of copyright/patent/trademarks, consumers, foreign relations and telecommunications. Specifically, they will lobby on issues related to patent reform, privacy, Internet freedom and net neutrality. Their lobbyist will be Republican William Carty, Twitter’s manager of public policy. Carty was former policy director on the Senate Commerce, Science and Transportation Committee and former senior policy counselor on the House Energy and Commerce Committee.
State and Local
Delaware –– The News Journal: Dover developer pleads not guilty to campaign finance charges
By Jonathan Starkey and Maureen MilfordDover developer Michael Zimmerman pleaded not guilty today in Delaware Superior Court on a criminal charge of illegal campaign donations made to Gov. Jack Markell in 2008.Zimmerman is accused of making illegal donations to Markell’s gubernatorial campaign between Oct. 16 and Oct. 26 of 2008, according to the single-page indictment. The indictment accuses Zimmerman of making donations by using a “fictitious name or names or in the name or names of another person” or “when the donor’s true name and address” were not known to the candidate.
Massachusetts –– Boston Daily: Are Businesspeople Unable to Run for Massachusetts Office?
By Edward MasonMassachusetts continues to struggle with its reputation as a place where businesses can’t get lift. The latest controversy is over whether Cape Air founder Dan Wolf can run for governor—let alone hold his state Senate seat—is raising questions about whether businesspeople can run for office.As Wolf, a Democrat, vows not to bow to pressure to choose between running his company or run the Commonwealth, we consulted Rutgers University business ethicist Michael A. Santoro about the chilling wind this bombshell ruling is sending through the business and political communities. “They’re absolutely asking too much,” Santoro said. “We don’t want to preclude people who are active in the real working world from serving in government. We don’t want government only made up of people with experience in government.”
Massachusetts –– AP: Mass. Secretary Of State Faulted On Lobbyist Rules
BOSTON — The office of Massachusetts Secretary of State William Galvin has been ordered to cover more than $100,000 in legal fees accrued by lobbyists who challenged his interpretation of the state’s revamped ethics laws.Galvin overstepped his authority by trying to force lobbyists to report every time they spoke to a legislator or state official, even chance meetings, according to a judge’s decision issued last week.
