March 27, 2017 •
House Bill Aims to Prohibit Foreign-Owned Corporations From Participating in US Elections
On March 19, U.S. Rep. Jamie Raskin introduced a bill to close a campaign finance loophole allowing foreign-owned, foreign-controlled, and foreign-influenced corporations to indirectly participate in U.S. elections. H.R. 1615, the Get Foreign Money Out of U.S. Elections Act, amends […]
On March 19, U.S. Rep. Jamie Raskin introduced a bill to close a campaign finance loophole allowing foreign-owned, foreign-controlled, and foreign-influenced corporations to indirectly participate in U.S. elections.
H.R. 1615, the Get Foreign Money Out of U.S. Elections Act, amends the Federal Election Campaign Act of 1971 to expand the ban on contributions and expenditures by foreign nationals under the Act to foreign-controlled, foreign-influenced, and foreign-owned domestic corporations.
In his press release, Raskin, a constitutional law professor, said, “The problem is that domestically registered corporations can be taken-over, bought-up, controlled, or influenced by foreign corporations and foreign nationals, and this means foreign powers have an easy and perfectly lawful way to funnel foreign money into American elections.” Upon introduction, the bill was referred to the House Administration committee.
January 13, 2017 •
FEC Unable to Agree on Rulemaking Concerning Foreign Influence on Political Spending
On January 12, the Federal Election Commission (FEC) was unable to agree on a policy to clarify when and if a U.S. domestic subsidiary corporation of a foreign national is illegally involved in political activity. Federal law prohibits foreign nationals from […]
On January 12, the Federal Election Commission (FEC) was unable to agree on a policy to clarify when and if a U.S. domestic subsidiary corporation of a foreign national is illegally involved in political activity.
Federal law prohibits foreign nationals from directly or indirectly making contributions, donations, expenditures, independent expenditures, and disbursements in connection with federal, state, or local elections. FEC regulations also prohibit foreign nationals from directing, controlling, or participating in the decision-making process of any person, such as a corporation, with regards to decisions concerning the making of contributions, donations, expenditures, or disbursements in connection with elections in the U.S.
Additionally, the FEC was unable to reach an agreement on the creation of a safe harbor for political committees to accept corporate contributions deemed not to have come from foreign national sources.
In response, Vice Chair Caroline C. Hunter and Commissioners Matthew S. Petersen and Lee E. Goodman issued a statement.
A previous attempt to reach an agreement on this issue in September also failed.
September 28, 2016 •
Court Decision Concerning FEC Rule Limiting Disclosure for Certain Ads Stands
On September 26, the U.S. Court of Appeals for the District of Columbia Circuit let stand a previous decision upholding a Federal Election Commission (FEC) rule concerning contributor disclosure for certain political advertisements. Specifically, the court denied a petition for […]
On September 26, the U.S. Court of Appeals for the District of Columbia Circuit let stand a previous decision upholding a Federal Election Commission (FEC) rule concerning contributor disclosure for certain political advertisements. Specifically, the court denied a petition for a rehearing en banc of a previous ruling.
In January, the appellate court had reversed a lower court ruling and rejected the challenge from Maryland Rep. Chris Van Hollen (D) concerning the FEC rule about reporting of electioneering communications or advertisements picturing or naming candidates within 60 days of an election. In doing so, the federal appeals court upheld the FEC rule requiring public reporting only of donors who earmark contributions for the ads. Van Hollen and other campaign finance disclosure advocates argued the rule was too narrow and did not conform to a 2002 law prohibiting “soft money” in federal elections.
Fred Wertheimer, who backed Van Hollen’s lawsuit, said the ruling would not be appealed, according to Bloomberg BNA.
September 23, 2016 •
FEC Names New Acting General Counsel
On September 22, Lisa J. Stevenson was named acting general counsel for the Federal Election Commission (FEC). Stevenson is replacing Daniel A. Petalas, who is leaving the FEC join the Washington, D.C., law firm Garvey Schubert Barer. Because the FEC […]
On September 22, Lisa J. Stevenson was named acting general counsel for the Federal Election Commission (FEC).
Stevenson is replacing Daniel A. Petalas, who is leaving the FEC join the Washington, D.C., law firm Garvey Schubert Barer.
Because the FEC has not been able to agree on a general counsel since 2013, the appointments have been designated as acting general counsel.
August 2, 2016 •
Preliminary Injunction Order to be Issued Concerning Unauthorized Committee Naming
Today, a federal court ruled an unconnected committee should be allowed to use candidates’ names in the titles of their websites and social media pages while the case is being resolved. In Pursuing America’s Greatness v. FEC, the United States […]
Today, a federal court ruled an unconnected committee should be allowed to use candidates’ names in the titles of their websites and social media pages while the case is being resolved.
In Pursuing America’s Greatness v. FEC, the United States Court of Appeals for The District of Columbia Circuit reversed the district court’s denial of a preliminary injunction and remanded the case for the district court to enter a preliminary injunction enjoining the Federal Election Commission (FEC) from enforcing the application of 11 C.F.R. § 102.14(a) against the plaintiff pending the outcome of the case.
Federal law requires a candidate’s committee to include the name of the candidate in the committee’s title and requires an unauthorized political committee to not use a candidate’s name in its title. The purpose of the law is to avoid confusion. Through regulation, the FEC has extended the naming prohibition to other committee activities, solicitations, and communications, including special project names for websites or social media pages.
The court found there is a substantial likelihood the regulation violates the First Amendment and the plaintiff will prevail in the lawsuit because the FEC has not shown the regulation is the least restrictive means of achieving the government’s interest.
July 26, 2016 •
FEC Settles with Delegates Allowing Legal Representation from Corporate Nonprofits
Two delegates to the 2016 Republican National Convention are permitted to receive free legal services from corporate nonprofit organizations thanks to a legal settlement between the delegates and the Federal Election Commission (FEC). On July 22, in Two Unnamed Plaintiffs […]
Two delegates to the 2016 Republican National Convention are permitted to receive free legal services from corporate nonprofit organizations thanks to a legal settlement between the delegates and the Federal Election Commission (FEC).
On July 22, in Two Unnamed Plaintiffs v. FEC, the U.S. District Court for the District of Wyoming issued an order consenting to the settlement between the parties. The case arose from concerns that presidential candidate Donald Trump would bring litigation against those supporting delegate autonomy at the Republican National Convention, according to a press release from Pillar of Law Institute.
Benjamin Barr, lead counsel in the case, believes this settlement provides precedent for future convention delegates, including delegates at this week’s Democratic National Convention. “With this win, conscientious delegates now and for conventions to come are not alone. Non-profit corporations are free to help fund their efforts and donate legal services, breathing new life into the convention process,” said Barr in the press release.
June 15, 2016 •
FEC Dismisses Complaints Over Foreign Contributions in North Dakota
Earlier this month, the Federal Election Commission dismissed complaints against two North Dakota Republican leaders regarding foreign campaign contributions received from a Canadian businessman. The Federal Election Campaign Act bars foreign nationals from making financial donations in connection with federal, […]
Earlier this month, the Federal Election Commission dismissed complaints against two North Dakota Republican leaders regarding foreign campaign contributions received from a Canadian businessman.
The Federal Election Campaign Act bars foreign nationals from making financial donations in connection with federal, state or local elections.
The politicians claim they accepted the contributions based on incorrect advice received from the North Dakota Secretary of State’s Office. The FEC ultimately dismissed the complaints because the contributions were refunded within the 30-day time period allowed by commission regulations.
April 15, 2016 •
FEC Discusses Motion for Rule-Making Concerning Political Expenditures and Contributions from Foreign Nationals
On April 14, the Federal Election Commission (FEC) considered a motion to open a rule-making concerning whether to require entities accepting political contributions from corporations to verify those corporations are associations of United States citizens who are eligible to contribute. […]
On April 14, the Federal Election Commission (FEC) considered a motion to open a rule-making concerning whether to require entities accepting political contributions from corporations to verify those corporations are associations of United States citizens who are eligible to contribute. Commissioner Ellen L. Weintraub had previously submitted the motion contending there is “no framework in place to assist entities accepting political contributions or making independent expenditures and electioneering communications in complying with existing law.” Federal law prohibits foreign nationals from making political contributions and expenditures. Federal contractors are also prohibited from making certain political contributions and expenditures.
The commission also discussed a motion for rule-making regarding political funding from foreign nationals. The motion asks the commission to make a regulation requiring those making independent expenditures to certify no resources owned or controlled by foreign nations were used. The FEC has tentatively scheduled to meet at the FEC headquarters on June 23 to discuss corporations and foreign money.
March 26, 2016 •
FEC May Consider Motion for Rule-Making Concerning Certification of Certain Political Contributions
On March 31, the Federal Election Commission may consider a motion to open a rule-making concerning whether to require entities accepting political contributions from corporations to verify those corporations are associations of United States citizens who are eligible to contribute. […]
On March 31, the Federal Election Commission may consider a motion to open a rule-making concerning whether to require entities accepting political contributions from corporations to verify those corporations are associations of United States citizens who are eligible to contribute.
On March 24, Commissioner Ellen L. Weintraub submitted the motion contending there is “no framework in place to assist entities accepting political contributions or making independent expenditures and electioneering communications in complying with existing law.” Federal law prohibits foreign nationals from making political contributions and expenditures. Federal contractors are also prohibited from making certain political contributions and expenditures.
Weintraub is further requesting the commission direct the Office of General Counsel to draft a rule-making document requiring those making independent expenditures and electioneering communications certify resources used are not owned or controlled by foreign nationals.
March 1, 2016 •
U.S. Sen. Tom Udall Moves to Replace FEC
Today, U.S. Sen. Tom Udall is introducing the Federal Election Administration Act, a bill intended to replace the Federal Election Commission. The legislation is supported in letters to U.S. Senators from several reform groups, including the Campaign Legal Center, Common […]
Today, U.S. Sen. Tom Udall is introducing the Federal Election Administration Act, a bill intended to replace the Federal Election Commission. The legislation is supported in letters to U.S. Senators from several reform groups, including the Campaign Legal Center, Common Cause, Democracy 21, Issue One, People for the American Way, Public Citizen, Rootstrikers, and U.S. PIRG. According to the letter, a five-member Federal Election Administration will be created to enforce election laws and “will consist of a chairman and four other members, all of whom are to be appointed by the president, with the advice and consent of the Senate.” No more than two members of the agency can be from the same political party. The letter can be found here.
February 10, 2016 •
Federal Lobbyist Bundling Disclosure Threshold for Lobbyists Unchanged for 2016
Today, the Federal Election Commission (FEC) published its price index adjustments for expenditure limitations and lobbyist bundling disclosure threshold in the Federal Register. The lobbyist bundling disclosure threshold remains unchanged for 2016 and continues at the 2015 rate of $17,600. […]
Today, the Federal Election Commission (FEC) published its price index adjustments for expenditure limitations and lobbyist bundling disclosure threshold in the Federal Register. The lobbyist bundling disclosure threshold remains unchanged for 2016 and continues at the 2015 rate of $17,600. This threshold amount is adjusted annually. Federal law requires authorized committees of federal candidates, leadership political action committees (PACs), and political party committees to disclose contributions bundled by lobbyists and lobbyists’ PACs. Additionally, the FEC published its adjusted Coordinated Party Expenditure Limits for political parties for 2016.
February 10, 2016 •
FEC Adds Memo Item to Disclosure Forms
The Federal Election Commission (FEC) has updated some of its disclosure forms required by PACs, political parties, and campaigns. Specifically, the FEC has added a “memo item” box to Forms 3, 3P, and 3x. Formerly, committees would routinely write the […]
The Federal Election Commission (FEC) has updated some of its disclosure forms required by PACs, political parties, and campaigns. Specifically, the FEC has added a “memo item” box to Forms 3, 3P, and 3x. Formerly, committees would routinely write the phrase “memo item” on the form. The new box, which the FEC hopes increases “reporting clarity”, can be used to report supplemental information and the expense amounts not included in the line item total, such as reattributions, reimbursements, and certain credit card transactions. The FEC believes the new box will shorten document processing time and allow public access to disclosed data faster, according to the FEC’s press release.
January 21, 2016 •
D.C. Circuit Appeals Court Rules Against Van Hollen
The U.S. Court of Appeals for the D.C. Circuit has reversed a lower court ruling and rejected the challenge from Maryland Rep. Chris Van Hollen (D) concerning a Federal Election Commission (FEC) rule about reporting of electioneering communications or advertisements […]
The U.S. Court of Appeals for the D.C. Circuit has reversed a lower court ruling and rejected the challenge from Maryland Rep. Chris Van Hollen (D) concerning a Federal Election Commission (FEC) rule about reporting of electioneering communications or advertisements picturing or naming candidates within 60 days of an election. In doing so, the federal appeals court upheld the FEC rule requiring public reporting only of donors who earmark contributions for the ads.
Van Hollen and other campaign finance disclosure advocates argued the rule was too narrow and did not conform to a 2002 law prohibiting “soft money” in federal elections.
December 18, 2015 •
FEC Selects Matthew Peterson as Chairman
On December 17, the Federal Election Commission (FEC) elected Matthew Petersen as its chairman and Steven T. Walther as its vice chairman for 2016. Peterson has been a commissioner with the FEC since 2008 and Walther has been a commissioner […]
On December 17, the Federal Election Commission (FEC) elected Matthew Petersen as its chairman and Steven T. Walther as its vice chairman for 2016.
Peterson has been a commissioner with the FEC since 2008 and Walther has been a commissioner since 2006. Each previously served as both chairman and vice chairman. They are two of the four commissioners serving with expired terms. Normally, each member serves a six-year term with a rotating chairmanship among the members with no member serving as chairman more than once during his or her term.
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