Campaign Finance

A Hot Mess: Confusion and Frustration over Arizona’s Campaign Finance Laws

Election Law Society · January 24, 2014 ·

By Jennifer Murray

Current campaigns preparing for the 2014 elections in Arizona were thrown into jeopardy last month when the state’s Court of Appeals issued an injunction that halted the new (and higher) campaign contribution limits. The court recently issued an opinion reaffirming the injunction, thus preventing Arizona’s Secretary of State, the state’s chief election officer, from implementing House Bill 2593, which enacted the new campaign contribution limits. [Read more…] about A Hot Mess: Confusion and Frustration over Arizona’s Campaign Finance Laws

California Sunshine Shines Light on Dark Money Scandal

Election Law Society · January 13, 2014 ·

By Nandor Kiss

Last November California voters had to decide the fate of two controversial ballot initiatives. Proposition 30 was intended to raise the income tax rate of California’s highest tax brackets and increase sales tax a quarter of a percent in order to fund new education programs. Proposition 32, which many believed was highly deceptive in describing its purpose, was intended to limit the ability of corporations and unions from using payroll-deducted funds for political purposes. While many were interested in the results, probably no one as much as Tony Russo, a Republican consultant who raised millions in order to support Prop. 32 and defeat Prop. 30 as part of the GOP’s “California Comeback” plan. Through his fundraising efforts, Russo was able to assemble approximately $74 million in donations for the cause, but he soon ran into a problem.

The Battleground 2012: Uncapped in Missouri: Missouri’s “Lax” Campaign Finance Laws Generate Concerns of Fraud and Corruption

Election Law Society · November 5, 2012 ·

As the November Congressional and Presidential elections are just around the corner, Missouri, a key swing state, has come under the microscope for the state’s campaign finance laws, or lack thereof. In 2010, Missouri passed Senate Bill 844 to establish campaign finance restrictions on donations in state and congressional races. The law required that an officeholder/candidate report contributions over $500 within 48 hours of receipt and restricted campaign finance committees from contributing money to another committee. However, the Missouri Supreme Court overturned the law in February of this year, holding the statute violated a section of the state’s constitution “prohibiting legislators from amending a bill to change its original purpose.” Senate Bill 844 was initially proposed to address administrative contracting issues in statewide elections, but several amendments were added to address looming campaign finance concerns. This decision has left Missouri campaign donations relatively unchecked and the State’s campaign ethics laws “the most lax in the country.” [Read more…] about The Battleground 2012: Uncapped in Missouri: Missouri’s “Lax” Campaign Finance Laws Generate Concerns of Fraud and Corruption

Free Speech: Wyoming organization attacks vague FEC regulations

Election Law Society · October 16, 2012 ·

by Kathleen Imbriglia

The First Amendment guarantees freedom of speech and is a hallmark of the United States Constitution. It is one Americans deeply revere and protect, attacking those attempting to abridge this right. The Federal Election Commission has been aggressively defending its regulations and case-by-case analysis determination of which groups must register as Political Action Committees (PACs). In a recent case, Free Speech v. Federal Election Committee, decided on October 3, 2012, Federal District Court of Wyoming Judge Scott Skavdahl upheld the Federal Election Committee’s regulations concerning disclosure and registration as a Political Action Committee (PAC). In denying the Wyoming-based organization, Free Speech, a preliminary injunction to continue running their advertisements, Judge Skavdahl upholds precedent regarding the validity of the Commission’s regulations, finding the definition of 11 C.F.R. § 100.22(b) is not overly vague or uncertain. [Read more…] about Free Speech: Wyoming organization attacks vague FEC regulations

Update: Nordstrom out, ELEC in, Lyon still unelected (for now)

Election Law Society · March 14, 2012 ·

by Kevin Elliker

Charles Dudley Warner wrote, “Politics make strange bedfellows.” When a candidate who violated campaign finance laws is joined in a lawsuit by the agency in charge of enforcing against such violations, politics must be involved.

In November, I wrote about the debacle in the Republican primary election for freeholder in Morris County, New Jersey. At that time, a Superior Court judge overturned 23-year-old Hank Lyon’s 6-vote victory over incumbent Margaret Nordstrom in the June primary election. Judge Weisenbeck found that Lyon violated New Jersey campaign finance laws when he failed to submit certain donations and expenditures to the New Jersey Election Law Enforcement Commission (ELEC), and voided the primary election in favor of a party convention to choose the nominee. The convention selected Nordstrom, who went on to victory in the November general election before Lyon’s appeal could be heard.

Just prior to the election, the Appellate Division granted ELEC permission to intervene as a respondent to the lawsuit. (Non-lawyers: this means the court allowed ELEC to join the pre-existing lawsuit as a party that can claim an interest in the case which will not undermine the original suit). ELEC argued that Judge Weisenbeck overstepped his jurisdiction and that the agency should resolve election disputes such as this. [Read more…] about Update: Nordstrom out, ELEC in, Lyon still unelected (for now)