William & Mary Law School | Election Law Society
By: Stephanie Wilmes
As of 2013, thirteen states used nonpartisan judicial elections to select their state Supreme Court justice, and eighteen states used nonpartisan elections to select trial court judges at all levels. On March 25, 2015, West Virginia joined their number when Governor Earl Ray Tomblin signed HB 2010 into law.
[Read more…] about West Virginia Moves to Nonpartisan Judicial Elections in 2016
By: Dan Carroll
Given the controversy surrounding the Supreme Court’s decisions upending federal campaign finance law in Citizens United v. Federal Election Commission and McCutcheon v. Federal Election Commission, the average voter might be surprised to find out that federal law still prohibits corporations from making direct contributions to candidates for federal office and limits the amount individuals can contribute to a particular campaign. On the other hand, twenty-two states allow but limit direct contributions from corporations to candidates for state office.
[Read more…] about NY Loophole Allows Individual’s $4.3 Million in Direct Contributions
By Staff Writer:
Five years ago, the Supreme Court’s decisions in Citizens United v. FEC and Speechnow v. FEC led to the creation of Super PACs, or independent expenditure-only political committees. Super PACs differ from candidate or political party committees in that they cannot contribute directly to candidates; they may only engage in independent spending on advertising, voter outreach, and the like. Furthermore, although Super PACs may support a particular candidacy, they are strictly prohibited from “coordinating” with candidate or political party committees. [Read more…] about Toeing the Line: FEC, DOJ, and Coordination Between Super PACs and Candidates
By Allison Davis
In March of 2015, two family-owned companies headquartered in Massachusetts filed suit in state court challenging certain provisions of Massachusetts’ campaign finance laws. The provisions in question prohibit corporations and corporate PACs from contributing to candidates or political party committees, but permit labor unions and their PACs to directly contribute up to $15,000 per calendar year to candidates or parties. According to the plaintiffs’ complaint (filed as 1A Auto, Inc. v. Sullivan), this law represents a “lopsided ban” that stifles First Amendment-protected speech and associational rights for corporations. Additionally, the plaintiffs allege that the law violates the Equal Protection Clause of the Fourteenth Amendment to the Constitution by granting unions and their PACs a privilege that is forbidden to their corporate counterparts. [Read more…] about “War Chests” and Political Spending in Massachusetts: Are Unions and Corporations Similarly Situated?
By William & Mary Election Law Society
We are excited to announce that Allison Davis, one of this year’s co-presidents of the Election Law Society, has been accepted for publication in the William & Mary Business Law Review, Vol. 7 (2016). Davis’s note, “Presupposing Corruption: Access, Influence, and the Future of the Pay-to-Play Legal Framework” examines the Court’s shifting views on corruption, applies it to various pay-to-play laws currently in effect, and ultimately concludes that the legal and constitutional framework for much of pay-to-play law as it currently stands rests on shaky ground.
See more from McKenna Long & Aldridge LLP: http://www.paytoplaylawblog.com/2015/04/articles/first-amendment/pay-to-play-law-blog-makes-the-law-review/