Can Feds Force Companies to Disclose Political Spending?
SCOTUS Stands By Citizens United Decision In Montana Campaign Finance Case
On May 5, Minnesota became the first state to enact legislation prohibiting “foreign-influenced” corporations from making political contributions and expenditures. But while supporters heralded the measure, critics charged...more
Now that Labor Day is in the rearview mirror, we are only two months out from important federal and state elections here in New Jersey. In this period will come a rush of dinners, cocktail parties, and breakfasts, all...more
Many nonprofit organizations will look to engage in various forms of political activity during the upcoming 2022 midterm elections. Understanding how to participate while complying with federal and state laws and regulations...more
With the final (virtual) balloons dropping on this year’s Democratic and Republican National Committee Conventions, we have reached general election season. Campaigning has a different look and feel this year, but the federal...more
With Citizens United reaching double digits, now is an opportune time review the landmark case’s impact on campaign-finance law. When the decision was first issued, many thought we would witness a rise in independent...more
Since the Supreme Court’s 2010 ruling in Citizens United, spending by outside groups and non-political organizations has increased in federal elections. Many of these groups are organized as 501(c)(4) social-welfare...more
One of the more esoteric debates among legal scholars focuses on defining corruption and the political roots of anti-corruption efforts. As it turns out, scholars have pointed to the Framers debate and provisions in the U.S....more
Many were upset with the U.S. Supreme Court's decision in Citizens United v. Federal Election Commission, Citizens United v. FEC, 558 U.S. 310 (2010). The California legislature was so upset that it passed a resolution...more
Since 1958, when the Supreme Court held that the State of Alabama’s attempt to compel the NAACP to disclose its membership lists infringed on the members’ constitutional rights to freedom of speech and assembly, charities and...more
A year ago, I addressed the effective date of California legislative bills in this post. In California, the people can also exercise legislative power through two different mechanisms – the initiative and the referendum. In...more
This is the second post in our California Ballot 2016 series – providing the “nutshell” versions of each of the 17 state-wide measures voters must decide in November. Please refer to our first post in the series: Props 51-56,...more
As in the 2014 mid-term election season, Super PACs once again are attracting a great deal of attention in this Presidential Primary season. Although criticized by many, they are a legal, and many believe effective, way to...more
Nearly two years ago, I wrote that the California Supreme Court had blocked an effort to include an advisory vote in the statewide ballot. Proposition 49 asked whether the United States Congress and California Legislature...more
Notwithstanding the brouhaha engendered by Citizens United v. FEC, 558 U.S. 310, 394 (U.S. 2010) , the idea that corporations are “persons” can be found in numerous California statutes, including California Corporations Code...more
Article I, Section 1 of the California Constitution provides that “all people” have an inalienable right of privacy. Does this right extent to corporations? Seemingly it would if corporations are considered “people”. Some...more
So-called dark money groups have sprung up since the U.S. Supreme Court issued its ruling in Citizens United. These groups are generally nonprofit corporations that raise and spend funds on campaign ads, but do so as a...more
Today, two former SEC Chairs and one former Commissioner delivered a letter to SEC Chair Mary Jo White politely berating (well, maybe not so politely) her failure to take action on the 2011 rulemaking petition to require...more
Last week, I wrote that Governor Brown had allowed SB 1272 to become law without his signature. To say that SB 1272 became law is an hyperbole because, as Governor Brown observed, the bill “has no legal effect whatsoever”. ...more
I recently wrote about SB 1272 (Lieu) which calls a special election for this November 4 at which California voters will be able to cast an advisory vote on whether the U.S. Constitution should be amended to overturn the U.S....more
Although state law does not explicitly authorize advisory elections, the California legislature is poised to pass a bill calling a special election for this November for an advisory vote. SB 1272 (Lieu) would submit the...more
On May 14, 2014, Governor Jerry Brown signed Senate Bill 27 (S.B. 27), increasing the disclosure requirements that non-profit "multipurpose" organizations are subject to when engaging in California elections. This legislative...more
Pundits have alternatively saluted and denounced the U.S. Supreme Court’s decision last week striking down aggregate campaign contribution limits as unconstitutional. Few, however, have addressed the decision’s impact on...more
One of the hottest SEC rulemaking topics over the past two years—disclosure of corporate political spending—quietly took a significant hit a few weeks ago when the SEC removed it from its rulemaking agenda. The clamor for...more
The United States Supreme Court decision in Citizens United v. Federal Election Commission was a wonderful First Amendment decision despite persistent criticism. It involved a movie about Hillary Clinton which the corporate...more
According to the U.S. Supreme Court, corporations have First Amendment rights, at least to the extent that they can make monetary contributions to political candidates.* However, the Tenth Circuit Court of Appeals recently...more