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Montana Supreme Court Rejects Citizens United
19 Jan 2012 5:01 AM
On December 30, the Montana Supreme Court ruled that the United States Supreme Court’s holding in Citizens United v. FEC , which recognized corporate political speech rights, did not apply in Montana. The court held that a “Montana Exception” exempted compliance with Citizens United because of the state’s supposedly unique political, historical...
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When Nobody Speaks: Disclosure and Campaign Finance
10 Jan 2012 5:00 AM
I’m Nobody! Who are you? Are you – Nobody – too? Then there’s a pair of us! Don’t tell! They’d advertise – you know! Emily Dickinson probably wasn’t writing about campaign finance when she penned these verses, but her words are very relevant. What happens when “Nobody” wants to speak? We should take...
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New Mexico’s Campaign Finance Limits Challenged
18 Oct 2011 6:49 AM
The Republican Party of New Mexico, along with political groups New Mexico Turn Around and New Mexicans for Economic Recovery PA, have filed a lawsuit challenging New Mexico’s limits on contributions to political parties and committees. In 2009, the New Mexico Legislature enacted Senate Bill 116, placing contributions on these forms of political speech...
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AZ's Constitutional Problem with Public Financing Spreads to NE
18 Aug 2011 10:21 AM
Nebraska's public financing scheme for campaigns, honestly titled the Campaign Finance Limitation Act, may fall to the same fate as the Arizona scheme invalidated in Arizona Free Enterprise Club's Freedom Club PAC v Bennett , 131 S. Ct. 2806 (2011) (The Arizona legislature, rather less ingenuous than their Nebraska colleagues, title their scheme the Arizona...
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Colbert Got the Coverage; But Other Super PAC Ruling Bigger News
4 Jul 2011 7:01 AM
The media circus at yesterday’s FEC hearing was due in large part to Stephen Colbert’s request to form a super PAC and fall under the media exemption, so he would not have to report in-kind contributions from his media entity, Viacom. (See yesterday’s blog post for a more detailed explanation.) However, what most people probably do not know...
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Obomination: Obama Thinks Campaign Laws Don't Apply to Him
1 Jul 2011 5:49 AM
At the White House, the President filmed an announcement for " Dinner with Barack ," a raffle where entrants are asked to donate to Obama’s election campaign. But there’s one problem with all this--federal law provides that the President may not solicit donations for a federal election in any room which is used for official duties. See 18...
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It's No Joke: FEC Oks Colbert Super PAC
30 Jun 2011 2:25 PM
This morning, at a cozy 9 th floor hearing room at the Federal Elections Commission, comedian and talk show host Stephen Colbert received approval to establish his super PAC. Mr. Colbert’s PAC will be able to raise and spend an unlimited amount of money, and make unlimited expenditures, provided all his expenditures are not coordinated with any candidate...
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Supreme Court Strikes Down Arizona Statute for Burdening First Amendment
28 Jun 2011 8:19 AM
Yesterday, Chief Justice Roberts applied Davis v. FEC to strike down an Arizona statute that permitted candidates for state office to receive matching funds from the state in direct response to campaign activities of privately financed candidates and independent expenditure groups. In Arizona Free Enterprise Club's Freedom PAC v. Bennett (along with McComish...
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9th Circuit Upholds Free Speech in Some Contexts, But Not in Others
14 Jun 2011 3:54 PM
Last week, the U.S. Court of Appeals for the 9 th Circuit affirmed the district court’s decision to preliminarily enjoin a $500 limit on contributions to political committees that make only independent expenditures. The 9 th Circuit also affirmed the lower court’s ruling granting individuals, associations, and corporations the right to make unlimited...
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Judge Cacheris Reaffirms Ruling in Danielczyk
8 Jun 2011 3:46 PM
Yesterday, Judge Cacheris, a federal judge in the Eastern District of Virginia, reaffirmed his ruling in United States v. Danielczyk , holding the federal prohibition against direct corporate contributions to candidates unconstitutional under the First Amendment. Upon reconsideration of his initial opinion a week earlier, Judge Cacheris bolstered his ruling by...
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EDVa Strikes Down Ban on Corporate Direct Candidate Contributions
26 May 2011 2:57 PM
Today, Senior Judge James C. Cacheris , applied Citizens United v FEC , 130 U.S. 876 (2010) , to dismiss a count of directing corporate contributions to a Presidential campaign, holding that a complete ban on corporate contributions to candidates is unconstitutional (Judge Cacheris notes that the same limits that apply to individual contributions would apply...
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Stephen Colbert Advisory Opinion Request, No Kidding.
13 May 2011 7:03 PM
Today's Politico carried a story about Comedy Central's Stephen Colbert appearing in person at the FEC to file an Advisory Opinion request. Ken Vogel's piece does a great job relating Colbert's long-running Citizens United v. FEC schtick from the Colbert Report to the serious campaign finance law issues raised by his announcement of the Colbert...
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Former FEC Chair Smith joins litigation team to create "Super-Duper" PACs
27 Apr 2011 5:19 PM
Prof. Bradley A. Smith , former chairman of the FEC; Allison Hayward , vice-president for policy at the Center for Competitive Politics (CCP) and RNLA member; and Allen Dickerson , CCP's legal director, have signed on as co-counsel in Carey et al v. FEC (D.D.C. Civ. No. 11- 259-RMC). RADM James J. Carey, USN (ret), chairman of the National Defense PAC , along...
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DISCLOSE Act Is Back: Obama intends to reverse Citizens United decision by Executive Order
19 Apr 2011 2:33 PM
"They lost in the Supreme Court, they lost in Congress, they lost at the FEC, so now the president is just going to do it by edict." Hans von Spakovsky, today, reported that a source has leaked a document that the White House is apparently circulating among several government agencies. The document, entitled “ Disclosure of Political Spending...
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DISCLOSE Act Slated for Senate Consideration TOMORROW
26 Jul 2010 10:14 AM
After rewriting the Senate version of the DISCLOSE Act, Senator Schumer began the Rule 14 process – a maneuver used to bypass action by the Rules and Administration Committee, which has jurisdiction over the bill – to get the new version on the Senate calendar and force a vote before Congress recesses in August. The DISCLOSE Act has now been slated...
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