NRA Used Shell Company to Unlawfully Coordinate With Four U.S. Senate Candidates, Complaint Alleges

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WASHINGTON – Today, Campaign Legal Center (CLC) filed a complaint with the Federal Election Commission (FEC) alleging that the National Rifle Association (NRA) violated federal law by using a common vendor to coordinate illegally with four U.S. Senate campaigns.

Campaign finance law prohibits coordination between candidates and outside groups like the NRA. In order to preserve their independence, FEC rules limit how a vendor may work for both a candidate and an outside group supporting that candidate. Politico Magazine reported, however, that a consulting firm set up a shell corporation for the apparent purpose of helping the NRA evade these rules.

As a result, the NRA may have made millions in illegal and excessive in-kind contributions.

“There is substantial evidence that the NRA funneled millions through a shell corporation to unlawfully coordinate with candidates it was backing,” said Brendan Fischer, director, federal reform at CLC. “The NRA using inside information about a candidate’s strategy to create ‘independent’ ads supporting him creates an unfair advantage, and it violates the law. According to the Supreme Court, groups like the NRA can only make unlimited expenditures if they are independent of the candidates they support, and it falls to the FEC to enforce the laws that preserve that independence and prevent corruption.”

Politico uncovered that the directors at OnMessage – a powerhouse GOP consulting firm – created a shell corporation called Starboard, located at the same address, and which appears indistinguishable from its parent company. The NRA’s lobbying arm and PAC contracted with Starboard to create ads supporting U.S. Senate candidates Tom Cotton, Cory Gardner, and Thom Tillis in 2014, and Ron Johnson in 2016; those candidates, in turn, hired OnMessage. The NRA, which is effectively Starboard’s only client, consistently listed Starboard’s address as that of OnMessage, and OnMessage has repeatedly taken credit for advertisements that the NRA paid Starboard to produce.

Campaign Legal Center Launches Voting Rights Restoration Project with SPLC

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MONTGOMERY, Ala. – Seeking to guarantee the voting rights of Alabama residents with felony convictions who have paid their debts to society, the Campaign Legal Center (CLC) and the Southern Poverty Law Center (SPLC) are launching the Alabama Voting Rights Project, a grassroots campaign to re-enfranchise thousands of Alabama voters.

The Alabama Voting Rights Project will take a simple message across the state: A felony conviction does not permanently take away a person’s right to vote. Many Alabama residents who have paid their debts to society are eligible to vote or to have their voting rights restored by obtaining a Certificate of Eligibility to Register to Vote.

“The Alabama Voting Rights Project is going to organize door to door, community by community in every region of Alabama to reach tens of thousands of Alabamians affected by recent changes in the law,” said Blair Bowie, Alabama Voting Rights Campaign Manager and Skadden Fellow at the Campaign Legal Center.

Workers in the campaign will organize and train local leaders in communities across the state, participate in community events and forums, and go door to door to work with formerly incarcerated people who may be eligible to vote under Alabama law. They will also make use of an online tool, www.alabamavotingrights.com, that will guide formerly incarcerated Alabamians through the process of registering or re-establishing their voting status.

For more than a century, the violations that disqualified a voter in Alabama were decided by individual county officials throughout the state, resulting in different standards for each county. This relic of the Jim Crow era effectively silenced the voices of over 280,000 Alabamians.

By passing the Definition of Moral Turpitude Act (HB 282) in 2017, Alabama finally clarified which felonies, state or federal, will not disqualify Alabamians from voting. It also started the process of restoring the right to vote for tens of thousands of people. Those Alabamians can now register to vote, even if they were previously told they could not. Tens of thousands of additional Alabamians may be eligible to restore their right to vote through a simple application for a state Certificate of Eligibility to Register to Vote.

Although Alabama passed the “moral turpitude” law that clarified which felonies would not block people from voting, Secretary of State John Merrill has said that his office would not take action to make sure the thousands of people affected by the law actually know about it.

Through their new voting rights project, the CLC and the SPLC will actively reach out to Alabama residents who are affected by the law, make sure they know about it, and help them access their right to vote under it. 

“So many people fought and died to ensure that all citizens have a voice in American society through the right to vote, yet many men and women – disproportionately African Americans and poor people – have been denied the right to vote even after completing their sentences,” said Lecia Brooks, outreach director for the SPLC. “The Alabama Voting Rights Project is dedicated to ensuring that every person who is eligible to vote in Alabama is registered, and that each one of them can access the franchise. A healthy democracy depends on full participation by all members of society.”

Complaint: Trump Campaign Violated Federal Law’s Soft Money Ban

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Today, Campaign Legal Center (CLC) filed a complaint with the Federal Election Commission (FEC) alleging that Donald Trump, his 2016 campaign committee, and the Donald J. Trump Foundation violated federal campaign finance law by soliciting and spending “soft money” funds in connection with his 2016 run for president. The complaint provides evidence and analysis in addition to the New York State Attorney General’s FEC referral on June 14.

Federal law prohibits candidates and their agents from soliciting and spending funds in connection with an election that don’t comply with federal contribution limits and reporting requirements. Yet Trump raised six- and-seven figure donations, some of them anonymous, and announced the fundraising haul at an Iowa campaign event just days before the Iowa nominating caucus, where the audience was told “it is imperative that you all get out and caucus for Donald J. Trump and vote for Donald J. Trump.” Trump and campaign officials then timed the distribution of funds to have the maximum impact on the Iowa election, handed out checks emblazoned with the Trump campaign slogan at official campaign events, and publicly mused about how the donations were helping Trump’s poll numbers.

“Trump and his campaign misused charitable resources to unlawfully influence his 2016 election,” said Brendan Fischer, director, federal reform at CLC. “Candidates can raise money for charity, they just can’t do it in connection with an election. The FEC should enforce the soft money ban.”

Judge Kavanaugh’s Views on Campaign Finance and Presidential Power Are Troubling for Democracy

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WASHINGTON – Today, President Trump nominated Brett Kavanaugh to be the next Associate Justice of the U.S. Supreme Court. Judge Kavanaugh has authored several notable opinions that raise concerns about his views on democracy issues, particularly related to campaign finance law and executive privilege.

“Judge Kavanaugh’s view on election law ignores the current reality of our campaign finance system, which is awash in secret, unaccountable money. Kavanaugh’s skepticism of reasonable limits on money in politics threatens the ability of federal, state and local governments to maintain laws that regulate campaign contributions and spending and require disclosure of where all the money is coming from. He seems to equate money with speech, which is troubling for our campaign finance system. It is important that Senators press Kavanaugh on his views.” – Tara Malloy, senior director, appellate litigation and strategy, Campaign Legal Center (CLC).

Additionally, Kavanaugh appears to take an expansive view of presidential power as it relates to legal oversight over misconduct by the President or his associates. He wrote in a Minnesota Law Review article that Presidents should be free from “time-consuming and distracting” lawsuits and investigations, which “ill serve the public interest.” He went on to say that Congress should consider a law exempting the President – while in office – from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel. 

“Judge Kavanaugh’s views raise concerns about how he would analyze congressional efforts to insulate President Trump from cooperating with the Mueller probe. The President is not above the law, and Senators must ensure that Kavanaugh would not allow Trump to escape from his duty to cooperate with the ongoing criminal investigation into his 2016 presidential campaign.” Tara Malloy, senior director, appellate litigation and strategy, Campaign Legal Center (CLC).

Walter Shaub Statement on Scott Pruitt Resignation Amidst Endless Ethics Scandals

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WASHINGTON – Today, after months of mounting ethics scandals, Scott Pruitt resigned as Administrator of the Environmental Protection Agency (EPA). Walter Shaub, senior director, ethics, at Campaign Legal Center (CLC) released the following statement:

“We are dismayed that Pruitt held onto his job for so long and what that says about the low bar for government ethics in the current administration. The American people deserve public servants with higher standards for ethics, not those who misuse their positions to seek personal rewards for themselves and their families.”

Issues

Citizens Protecting Michigan's Constitution v. Secretary of State

At a Glance

CLC supported a successful grassroots effort to put a ballot initiative on the ballot in Michigan that created an independent redistricting commission.

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Closed
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About This Case/Action

A grassroots organization named Voters Not Politicians (VNP) has proposed a ballot initiative in Michigan that would create an independent redistricting commission. After VNP collected sufficient signatures and submitted their initiative to be put on the general election ballot in November, a group named Citizens Protecting Michigan’s Constitution (CPMC) sued. CPMC is attempting to knock the proposal off the ballot. This group asserts that voters should not be allowed to decide on this measure because creating an independent redistricting commission is too broad to be an “amendment” to the Michigan constitution and constitutes a “revision.” They also argue that there are not accepted measures of partisan fairness. CPMC has lost its case in the Michigan Court of Appeals and is now appealing to the Michigan Supreme Court.

CLC is submitting a friend-of-the-court brief in favor of VNP. We attempt to contextualize the proposal as a solution within the rising threat of gerrymandering. In previous rounds of redistricting, map drawers had to rely on pen, paper, and political intuition.

Gerrymandering is easier than ever before. Now, people intending to gerrymander electoral maps can use real time mapdrawing software loaded up with political data from previous elections and watch in real time as partisan outcomes change as they manipulate the map. This has resulted in the worst gerrymandering in history after the 2010 round of redistricting.

This problem is only likely to get worse. Computer speeds continue to increase. Computer programmers are creating new software that can automatically generate thousands of maps that follow prescribed law quickly and easily. Machine learning technology will soon allow computers to recreate these maps, making them progressively more biased, creating near-perfect gerrymanders.

There is a better way. Independent redistricting commissions take the political incentives out of redistricting. Laws can do one step better by asking - as the VNP proposal does - that these commissions check their work using accepted measures of partisan fairness. These measures, such as the efficiency gap, the mean-median difference, and partisan bias, are simple to compute and capture the degree of partisan fairness (or unfairness) in one number. They are accepted by political scientists, by courts, and are being implemented by ballot initiatives across the country.

Independent redistricting commissions using such measures to check their work are a sensible and democratic way out of the morass created by partisan actors and computer technology. These commissions take the power of redistricting out of the hands of partisan legislators, who have proven that they will use the process to gain power when given the opportunity to do so. They give the power to the citizens to choose their representatives.

The citizens of Michigan are well within their rights to ask that this method of redistricting be used in their state. If they are knocked off the ballot, Michigan voters may have no recourse to ensure they get a fair map during the coming round of redistricting.

Learn more about independent redistricting commissions.

Plaintiffs

Citizens Protecting Michigan's Constitution, Joseph Spyke, and Jeanne Daunt

Defendant

Secretary of State and Michigan Board of State Canvassers