July 27, 2010 •
FEC Approves Creation of Independent Expenditure Committees
The Federal Election Commission (FEC) has issued two advisory opinions approving the creation of two independent campaign committees which plan to solicit and accept unlimited contributions from individuals, political committees, corporations, labor organizations, and the general public.
The committees plan to use funds to make independent expenditures. Citing the recent Supreme Court decision in Citizens United v. Federal Election Commission as well as a less-well known decision by the U.S. Court of Appeals for the District of Columbia issued this year called SpeechNow.org v. FEC, the FEC concluded corporations, labor organizations, and political committees may make unlimited independent expenditures from their own funds, and individuals may pool unlimited funds in an independent expenditure-only political committee.
In the case of the independent committee Commonsense Ten, a registered, non-connected political committee (Advisory Opinion 2010-11), the FEC concluded it could solicit and accept unlimited contributions from individuals, corporations, labor organizations, and political committees for the purpose of making independent expenditures.
In the case of Club for Growth, Inc., a 501(c)(4) corporation, (Advisory Opinion 2010-09),the FEC concluded on the same basis provided by Citizens United and SpeechNow.org it could establish and administer a committee to solicit and accept unlimited contributions from individuals in the general public, including contributions given for specific independent expenditures.
The FEC issued both advisory opinions on a vote of 5 to 1. Commissioner Steven T. Walther dissented in both opinions.
July 23, 2010 •
DISCLOSE Act Heads to U.S. Senate Next Week
Majority Leader Harry Reid (D-Nev.) has filed cloture on the DISCLOSE Act, Congress’ response to the recent Supreme Court decision in Citizens United v. Federal Election Commission.
The measure will come to a vote on the floor of the Senate early next week. Reid’s move begins the endgame for the legislation even though he does not yet have the votes to overcome the anticipated filibuster from the bill’s opponents.
New York Senator Charles Schumer, who authored S. 3295, the Senate’s version of the DISCLOSE Act, has modified the bill to address concerns raised when H.R. 5175 was passed by the House earlier this summer. Democrats hope the changes will be enough to win the support of Maine GOP Senators Susan Collins and Olympia Snowe, both of whom expressed reservations regarding the House bill. For example, Senator Collins believes H.R. 5175 provides unions with special exemptions and a corresponding unfair political advantage over corporations.
It is unclear at this time whether or not changes to the Senate bill offered by Schumer will be enough to overcome Collins’ and Snowe’s objections. The Senate vote could come as early as Tuesday.
If you are looking for more coverage, the Hill has two articles by Susan Crabtree:
“Schumer files new version of campaign-finance bill to court centrist votes,” July 22, 2010
“Sen. Reid sets up showdown next week on campaign finance,” July23, 2010
July 15, 2010 •
Sen. Brown to Oppose DISCLOSE Act
News concerning the campaign finance overhall.
U.S. Sen. Scott Brown (R-Mass.) announced he would oppose the DISCLOSE Act, depriving Democrats of an important swing vote on the legislation. For more insight on the future of the campaign finance bill, here are three articles:
Sen. Brown to oppose Disclose Act, by Susan Crabtree in The Hill.
Brown’s opposition dims chances for campaign finance overhaul, by Matt Viser in the Boston Globe.
July 7, 2010 •
H.R. 5609 Passes U.S. House
A bill amending the Federal Election Campaign Act of 1971 and the Lobbying Disclosure Act of 1995 has passed the House of Representatives.
H.R. 5609, which passed on a vote of 408-4, prohibits any registered lobbyist whose clients include foreign governments which are found to be sponsors of international terrorism or include other foreign nationals from making contributions and other campaign-related disbursements in elections for public office. The bill moves to the Senate.
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