September 17, 2018 •
Chief Justice Roberts Stays FEC Campaign Finance Disclosure Regulation
On September 15th, Chief Justice of the United States John G. Roberts, Jr. issued an order staying a lower federal district court’s order invalidating a Federal Election Commission (FEC) campaign finance disclosure regulation. Robert’s stay was decided on Saturday after […]
On September 15th, Chief Justice of the United States John G. Roberts, Jr. issued an order staying a lower federal district court’s order invalidating a Federal Election Commission (FEC) campaign finance disclosure regulation. Robert’s stay was decided on Saturday after the U.S. Court of Appeals for the District of Columbia Circuit denied an emergency motion for the stay made earlier the same day.
On August 3, a federal district court had ruled a campaign finance disclosure regulation, followed for decades by the FEC, failed to uphold disclosure requirements required by a federal statute. Chief Judge Beryl A. Howell of the United States District Court for The District of Columbia issued an order, in CREW v. FEC, vacating 11 C.F.R. §109.10(e)(1)(vi), but stayed the vacatur for 45 days to give time for the FEC to issue interim regulations comporting with the statutory disclosure requirements of 52 U.S.C. §30104(c). The court also has allowed the FEC 30 days to change an earlier FEC dismissal to conform with the court’s ruling.
The case originated because of independent expenditures made in a 2012 Ohio senate race by the non-political social-welfare nonprofit Crossroads Grassroots Policy Strategies (Crossroads GPS), an affiliate of the American Crossroads Super PAC. Crossroads GPS did not report donors when reporting its independent expenditures, while it acknowledged receiving contributions over $200, arguing the donors did not donate funds directly tied to any specific reported expenditure, as the FEC interpreted 11 C.F.R. §109.10(e)(1)(vi) to require. Non-political committees making independent expenditures over $250 in a calendar year must comply with disclosure obligations closely analogous to those imposed on political committees.
The vacated regulation required the identification of each person who made a contribution in excess of $200 to the person filing a disclosure report, including for non-political 501(c)(4) non-profit entities making independent expenditures, if the contribution was made for the purpose of furthering the reported independent expenditure. The district court found the regulation, as construed and applied by the FEC, did not require the disclosure of donors, absent the donor’s express agreement that the funds be used for the specific expenditures reported to the FEC, even though the donor may otherwise support and in fact contribute for the purpose of funding those expenditures.
The district court found the regulation impermissibly narrows the mandated disclosure in 52 U.S.C. §30104(c)(2)(C), which requires the identification of such donors contributing for the purpose of furthering the non-political committee’s own express advocacy for or against the election of a federal candidate, even when the donor has not expressly directed that the funds be used in the precise manner reported.
August 1, 2011 •
News You Can Use Digest – August 1, 2011
Here are highlights from the latest edition of News You Can Use:
Federal:
Crossroads GPS, Priorities USA Violate Tax Laws, Reform Groups Allege in IRS Petition
Oregon Congressman, Named in Sex Case, to Resign
From the States and Municipalities:
Alabama
Bob Riley’s PAC Admits Taking PAC-to-PAC Donation in Violation of Law Riley Pushed
California
Judge Ready to Strike down San Jose Law Barring Last-Minute Campaign Contributions
District of Columbia
D.C. Council Member Thomas to Repay D.C. $300,000
Florida
Judge Hears Challenge to Florida Campaign Law
Florida
Press Group in Talks to Take Over State Lobbyist Registration
Georgia
Ethics Commission Could See Major Reorganization
Illinois
Emanuel Ethics Reforms Back on Track at City Council
Massachusetts
GOP’s Winslow Uses On-line Coupon to Promote Fundraiser
New York
Brooklyn Borough President Marty Markowitz Fined $20,000 for Taking Free Foreign Trips for His Wife
Rhode Island
Twenty Politicians Owe $800,000 in Election Fines
Tennessee
Some Advocacy Avoids Tennessee Lobbying Label
Virginia
For Virginia Companies, Campaign Donations to Lawmakers Just another Cost of Doing Business
State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.
News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.
Jim Sedor is editor of News You Can Use.
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