Honest Ads Act Would Deter Foreign Interference in 2018 Through Online Ads

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Brendan Fischer, director, federal and FEC reform at Campaign Legal Center (CLC) released the following statement about Special Counsel Robert Mueller’s indictment of 13 Russian nationals for conspiracy to defraud the United States through interference in the 2016 elections:

“It shouldn’t require an extensive Special Counsel investigation to address foreign interference in our elections. Had effective online disclaimer and disclosure laws been in place in 2016, Russia’s wide-ranging influence campaign might have been detected sooner—or Russia might have been deterred from engaging in the effort in the first place.

Congress should be doing it all it can to protect our elections from foreign interference. This means holding a hearing and passing the Honest Ads Act to shore up the vulnerabilities that Russia exploited in 2016. We need strong disincentives to prevent foreign actors from targeting American voters with election-related messages. Our democracy depends on it.”

Learn more about the Honest Ads Act, a bipartisan bill introduced in October that would modernize the laws surrounding the ban on foreign election interference by ensuring that paid internet ads are subject to the same disclaimer and recordkeeping rules that currently apply to television ads and radio ads. If enacted, this bill would require major sellers of online advertising – like Google, Facebook and Twitter – to keep a publicly available database of significant political advertising, including the content of the ads and who paid for them. The bill has yet to receive a hearing.

CLC released a report detailing the vulnerabilities of American elections to foreign interference that were exposed in the 2016 presidential election. The report outlines solutions for addressing this most urgent issue, which would protect the integrity of our democracy for the upcoming 2018 elections and beyond.

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Campaign Finance

$26 Million Payment Shows Importance of Presidential Inaugural Committees Disclosing Their Donors

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Notoriously lax rules for inaugural spending allowed Trump committee to funnel money to firm close to family

WASHINGTON – Today, President Trump’s inaugural committee disclosed in tax filings that it had raised an astonishing $107 million for the inauguration, and paid an unprecedented $26 million to a newly-created firm led by an associate of the Trump family, and only donated $5 million to charity, raising questions about the lack of rules on the use of inaugural funds by a Presidential Inaugural Committee.

“This is about ensuring that the American people are treated with the transparency and accountability they deserve,” said Brendan Fischer, director, federal and FEC reform at Campaign Legal Center (CLC). “The Trump inaugural committee’s tax filing raises more questions than it answers about how the money raised was actually spent. Because inaugural committees are not subject to the same reporting rules as campaign committees, the public has no way of knowing how the millions being awarded to firms with close ties to the president are actually being spent. It is uncertain why Trump’s inaugural committee paid nearly $26 million to a newly-created firm with close ties to the Trump family, and paid $25 million to the same event planning firm that did the job for $5 million in 2008. There is a real risk of corruption and self-dealing when corporations, government contractors, and other special interests can write massive checks that the inaugural committee can spend with minimal oversight or transparency.”

President Obama’s first inauguration raised $55 million and spent it on ten days of events; Trump’s inauguration raised $107 million for just three days of parties.

Legislation requiring that presidential inaugural committees disclose how they are spending the tens of millions raised is long overdue. CLC co-signed a letter to the House Oversight and Government Reform Committee and the House Judiciary Committee to support the Presidential Inaugural Committee Oversight Act, which would fill the current disclosure gap by requiring that inaugural expenditures as well as contributions be disclosed to the public.

CLC and Democracy 21 filed a complaint with the Federal Election Commission in May over Trump’s inaugural committee failing to report essential information about donors, including legally required information. Following that complaint, the inaugural committee amended its reports.

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Campaign Finance

Citizens United v. Schneiderman

At a Glance

Citizens United v. Schneiderman is a challenge to a New York State law that requires registered charitable organizations to report their donors to the state attorney general. 

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Campaign Finance
About This Case/Action

About the Case

Citizens United v. Schneiderman is a challenge to a New York State law that requires registered charitable organizations to report their donors to the state attorney general. Citizens United, a 501(c)(4) organization active in the state, has asked the Second Circuit Court of Appeals to either declare New York's donor reporting requirement unconstitutional, or to grant it an exemption from the requirement. However, this law – which asks only for non-public disclosure and applies to groups that receive state tax benefits – is less burdensome than the public political disclosure laws the Supreme Court has consistently upheld.

The attorney general defends the law by emphasizing the donor disclosure assists his office in administering tax laws and protecting taxpayers against fraud. And as CLC has long argued, the disclosure of money raised and spent in elections for other political purposes has been the bedrock of our political system for many years, usually supported by all political parties.

UPDATE: On Feb. 15, 2018, the Second Circuit issued an opinion rejecting Citizens United's claim, upholding the disclosure laws in the state.


What’s at Stake

Striking down New York’s disclosure law would imperil many non-profit registration and disclosure regulations across the country. It is important to note that the challenged disclosure requirement only requires non-public, confidential reporting from Citizens United, and thus the group is attempting to escape all state oversight over its activities, even while enjoying state tax exemption and other benefits.

Further, expanding the “harassment exemption” from political disclosure laws as Citizens United demands would create an exception that swallows the rule. Citizens United cannot credibly allege that the identity of its donors will be made public. But even if the challenged donor reporting requirement was public in nature, Citizens United makes no attempt to show a reasonable probability that its donors will face harassment or reprisals, but instead rests its request for exemption on the mere allegation that its donors would prefer to remain anonymous and avoid public criticism for their political stances. But exempting issue advocacy groups from disclosure simply because their donors dislike lawful criticism from the public would eviscerate political disclosure laws and undercut the free flow of information and robust debate the First Amendment is meant to protect.

CLC filed a friend-of-the-court brief with the Second Circuit on Apr. 14, 2017 in support of New York Attorney General Eric Schneiderman. In its brief, CLC argues that the New York reporting law is constitutional as a general matter and that Citizens United cannot claim an exemption from the law.

Plaintiffs

Citizens United

Defendant

Eric T. Schneiderman

CLC v. DOJ (Pence-Kobach Commission)

At a Glance

CLC is suing to obtain the redacted names from the FOIA over the Pence-Kobach Commission.

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About This Case/Action

In August 2017, Campaign Legal Center (CLC) received a series of documents in response to a FOIA request regarding the Pence-Kobach Commission.

This response contained one particular email chain, which ended up in the private inbox of Attorney General Jeff Sessions, where a Heritage Foundation employee pushed back on naming a single Democrat to the Pence-Kobach Commission. In fact, he asked that no Democrats, academics, or moderate Republicans be appointed to the commission. The name of the person sending the email, those receiving it (besides the Attorney General), and the names of several people referenced were all redacted.

The author of the email was later revealed to be Hans von Spakovsky. Subsequent to sending the email, von Spakovsky was appointed to the commission.

On April 3, in response to our lawsuit, the Department of Justice finally unredacted some of the names in this email chain. In particular, they unredacted Hans von Spakovsky’s name from the email and the name of the individual who received the email and forwarded it to Attorney General Jeff Sessions, Ed Haden. Ed Haden previously served as a top staffer for Attorney General Sessions when he was a Senator. He is now a partner with Balch & Bingham LLP. CLC will continue the suit to ensure full transparency and uncover all of the names in this document so that its importance and relevance can be fully understood. 

The clear precedent is that these emailers had no interest of privacy retained in their names because they were dealing with the government in their business capacities and, in any event, the significant public interest in knowing who exerts this sort of influence over high level administration officials making important staffing decisions outweighs any privacy considerations.

However, the other redacted names were never revealed. That is why CLC has taken the action of suing the Department of Justice (DOJ) to release this information to the public, who can be better prepared to defend against voter suppression if they know its source.

The public has a right to know who is influencing the operation of government commissions whose policy decisions could impact the access to their most sacred right, the right to vote. The Pence-Kobach Commission may no longer be holding meetings, but the mission of certain parties, including Mr. von Spakovsky, to attempt to suppress the vote continues.

DOJ should not be allowed to flout clear commands of the law. In this case, they selectively redacted names to protect the identities of certain parties who had influence over the process. On the other hand, they did not redact, in the same series of documents, a private citizen’s name who wrote to former Attorney General Lynch. DOJ cannot be allowed to flout the law in order to protect the identities of their political allies.

Plaintiffs

CLC

Defendant

Department of Justice

Minnesota Voters Alliance v. Mansky

At a Glance

Minnesota Voters Alliance v. Mansky is a challenge to a Minnesota law that restricts the wearing of political apparel inside the polling place on Election Day. The law has been in place since 1893, helping to prevent voter intimidation and ensure orderly and safe elections. CLC’s argues that the law’s legitimate applications serve important purposes that protect voting as the core of American democracy.

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Active
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Voting and Elections
About This Case/Action

About the Case

Minnesota Voters Alliance v. Mansky is a challenge to a Minnesota law that restricts the wearing of political apparel inside the polling place on Election Day. The law has been in place since 1893, helping to prevent voter intimidation and ensure orderly and safe elections.

The plaintiffs are groups whose members wore political apparel, including Tea Party paraphernalia and “Please I.D. Me” buttons, to the polls. They wore these buttons in part to falsely convince others that they needed IDs to vote – even though Minnesota voters had previously rejected a ballot measure that would have required voter ID.

The suit initially challenged the law as it was applied to the specific items that plaintiffs’ members had tried to wear inside polling places. Two federal courts found that requiring Tea Party paraphernalia and “Please I.D. Me” buttons to be removed or covered while inside the polling place was a reasonable effort to avert voter intimidation and confusion.

Plaintiffs’ case at the Supreme Court now argues exclusively that the law as written is overbroad and should be struck down entirely.

What’s at stake

Many states and localities throughout the country have laws similar to Minnesota’s.

As the Supreme Court explained over 25 years ago in Burson v. Freeman, these types of laws are as old as the secret ballot itself and help prevent voter coercion and maintain decorum at the polls. Plaintiffs’ “Please I.D. Me” buttons are a perfect example of why these laws are so important to prevent Election Day chaos. Indeed, laws that prevent confusing and intimidating messages at the polls go to the heart of protecting American self-governance.

CLC has filed a friend-of-the-court brief in support of Minnesota. CLC’s brief argues that, in addition to the interests recognized in Burson and explained in Minnesota’s brief, these laws serve several other compelling interests. Both Republican and Democratic state attorneys general of Tennessee, Indiana, Kansas, Louisiana, Michigan, Mississippi, Montana, Nebraska, Rhode Island, Texas, and Utah all agree with this position, as stated in the brief they filed with the Supreme Court.

First, they afford voters the opportunity to peacefully contemplate their electoral choices during the last few minutes before they vote. Citizens should be free from aggressive political messaging right before they cast their ballots so that they can weigh their decisions. Second, these laws help ensure that Election Day unites Americans by preventing polling places from becoming sites of partisan rancor and political tribalism. This is an important way to celebrate our democracy and remind voters that election results, even if disappointing, reflect the collective judgment of the fellow citizens with whom they waited in line. Finally, these types of laws help ensure that poll watchers and poll workers do not intentionally or subconsciously discriminate against voters based on the apparel the voters wear. These important principles far outweigh the minor burden of asking a voter to remove a button or cover up a t-shirt for a few minutes while they vote, especially since polling places are not traditional forums for debate.

CLC’s brief also argues that, under the Supreme Court’s First Amendment doctrine, Minnesota’s law is plainly valid on its face. Courts should strike down a law for being overbroad only if its problematic applications overshadow its legitimate applications. The plaintiffs and their supporters in this case have concocted a series of hypotheticals, none of which have actually occurred, and any of which could be cured by a more limited lawsuit. CLC’s brief argues that the law’s legitimate applications far outweigh these imagined scenarios and serve important purposes that protect voting as the core of American democracy.

Plaintiffs

Minnesota Voters Alliance

Defendant

Mansky

Report: A State Court Strategy to Protect Voting Rights and Increase Fair Redistricting

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WASHINGTON – The Pennsylvania Supreme Court last week struck down the state’s congressional map as a partisan gerrymander in violation of the Pennsylvania Constitution. The court’s action is one example of how states across the country are seeking to protect voters’ voices in the political process.

Campaign Legal Center (CLC) and FairVote today released a joint report outlining a state court strategy to strengthen our elections by protecting voting rights and moving towards fair redistricting. State supreme courts decide about 2,000 constitutional law cases every year, and these cases have far-reaching consequences. As outlined in the report – which examines ‘right to vote provisions’ in all 50 states – impact litigation has increasingly moved to state courts.

“Protecting access to the ballot and advancing fair redistricting  in the states is vital to building a representative and responsive government,” said Danielle Lang, senior legal counsel, voting rights and redistricting at CLC. “Our democracy faces challenges today that can be remedied by state courts, from entrenched gerrymandering that dilutes and distorts voters’ influence in elections to barriers to voting participation that disproportionally impact historically disenfranchised minorities.”

“Working to improve democracy through the political process has traditionally started at the local level,” said Drew Penrose, law and policy director at FairVote. “It makes sense to think locally when it comes to impact litigation too. I’m proud that we were able to compile these resources to help litigators get started.”

The report explores recent state court decisions that demonstrate the success of this strategy, and discusses the strategic considerations that are necessary for implementing such a strategy.

This report was made possible with the support of the Arnold Foundation.

Read the report.

Issues
Redistricting
Voting and Elections

Former Officeholders Convert Campaign Cash to Slush Funds Long After Campaigns End

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Current law allows former candidates to keep campaign accounts open forever, inviting abuse of funds through personal use

WASHINGTON – A recent investigation by the Tampa Bay Times and WTSP-TV exposed the fact that 102 former campaigns were still spending money years after their candidates left office, stopped campaigning, or died. Examples ranged from the more extreme: a former politician that retired from Congress in 1993 and still uses his campaign account to pay for country club dues, to commonplace practices that include former staffers using campaign donations to advance private-sector careers or reward family members.

This week, Campaign Legal Center (CLC) filed a petition asking the Federal Election Commission (FEC) to revise and amend regulations pertaining to the personal use of campaign funds as they apply to former candidates and officeholders. CLC is calling for a time limit on how long campaign accounts can remain open after the conclusion of a campaign unless the candidate genuinely plans to run for office again. U.S. Rep. Kathy Castor also recently announced plans to draft a legislative solution that would reign in this practice.

“The FEC must act to clarify rules that have paved the way for former Congresspeople and staffers to use leftover cash as personal slush funds,” said Adav Noti, senior director, trial litigation at CLC, who served as associate general counsel for policy at the FEC. “By updating its regulations, the FEC can prevent politicians from misusing campaign donations years after leaving office. This permissive attitude towards ‘winding down’ campaigns has invited abuse, and it must end.”

“Given how widespread the problem is, the FEC should take action to clarify rules around the personal use of campaign funds,” said Brendan Fischer, director, federal and FEC reform program at CLC. “This is a problem for politicians on both sides of the aisle, and violators of the current rules should be punished.”

Recent CLC complaints before the FEC illustrate some of the most egregious examples of former lawmakers or their campaign staff converting funds to personal use.

  • January 2018: CLC filed a complaint concerning the treasurer of the late-Congressman Mark Takai’s campaign committee, who paid himself more than $100,000 after Takai’s passing to “consult” the campaign.

 

  • October 2017: Retired Congressman Cliff Stearns still has an active campaign account despite leaving office in 2013. CLC filed a complaint because Stearns was using apparently illegal campaign expenditures to pay for his monthly cellphone bill, payments to his wife, membership dues at private Washington D.C. clubs, and expenses apparently related to his private sector lobbying career.

The FEC has yet to act on these complaints.

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Campaign Finance

Ethics Nominee Represents Stability in a Sea of Chaos

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Some challenges will be insurmountable, but at least Rounds is committed to government ethics program

“I was very excited to learn the White House is nominating Emory Rounds to be OGE’s next Director,” said Walter Shaub, senior director, ethics at Campaign Legal Center. “I have known him since 2006 when he was the deputy to the Bush administration’s ethics official, Richard Painter. Emory is a good and decent man who has devoted his life to public service. He believes in the government ethics program, and he will ably lead OGE. I’m sure the staff is relieved to learn the nominee is someone steeped in knowledge of – and concern for – the ethics program, rather than a political appointee with a partisan agenda. I hope the Senate confirms Emory quickly, because we need a new permanent head of OGE. He’s a great pick for this position.”

“Some challenges will be insurmountable, such as persuading the President to divest his conflicting financial interests or getting the White House to be more transparent about the ethics problems of its immediate staff. However, Emory is the right person to hold OGE together and preserve as much of the ethics program as possible. As a nominee to be Director, I think he represents a degree of stability in a sea of chaos.”

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Ethics

Resignation Leaves Nation’s Only Election Watchdog on Life Support

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A Federal Election Commission that functions and enforces the law is critical to a healthy democracy

WASHINGTON – Lee Goodman announced Wednesday that he is stepping down from his post as Commissioner of the Federal Election Commission (FEC). This strips the FEC down to four commissioners, which is the bare minimum number of votes for a quorum. Unanimous votes will now be required to take any action, such as passing rules or punishing lawbreakers. If one more commissioner steps down, the FEC would lose the authority to take official action.

Trevor Potter, president of Campaign Legal Center (CLC), and a former Republican chairman of the FEC, released the following statement:

“The FEC is the only government agency dedicated to overseeing the integrity of our political campaigns. We are facing the real possibility of a de facto FEC shutdown ahead of the 2018 midterm elections, and this couldn’t come at a worse time. Left unaddressed, the vulnerabilities in U.S. elections exposed in 2016 will only be exploited to greater effect by foreign actors in 2018 and beyond. We must not allow the nation’s election watchdog to bleed out.”

“The American people witnessed unprecedented campaign finance violations in 2016, including illegal foreign spending, a lack of transparency around the sources of millions in election spending, candidates and super PACs illegally working hand in hand and government contracts being awarded to corporations that gave six-figure donations during the presidential campaign.”

“A functioning and effective FEC that enforces the law is necessary for a healthy democracy. It is critically important that President Trump prioritize appointing FEC commissioners who will faithfully execute their duty to enforce the law.”

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Campaign Finance
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