Allowing Public Officials to Engage in Public Business for Private Gain Undercuts Basic Principles of Our Democracy

WASHINGTON – The Campaign Legal Center today told the U.S. Supreme Court in a friend-of-the-court brief that it should reject former Va. Gov. Bob McDonnell’s claim that the First Amendment protects political quid pro quos in the case McDonnell v. United States.

“If the Supreme Court buys into former Gov. McDonnell’s arguments, politicians face no penalty for freely accepting gifts and favors from America’s wealthiest who are trying to buy influence,” said Tara Malloy, deputy executive director of the Campaign Legal Center. “Public officials should not be permitted to engage in public business for private gain, while pretending to represent the interests of their constituencies. That would undercut the very basic principles of our democracy and the integrity of our political system.”

Gov. McDonnell accepted from a wealthy business man and founder of the dietary supplement company Star Scientific Inc., Johnnie R. Williams, Sr., up to $175,000 of gifts and loans –including a Rolex, expensive vacations and shopping sprees, and money for his daughters’ wedding – in exchange for favors from the governor’s office. McDonnell was convicted on public corruption charges, but has appealed his case to the U.S. Supreme Court, arguing not only that these favors weren’t “official actions,” but also that his conduct was protected by the Supreme Court’s campaign finance decisions in Citizens United v. FEC (2010) and McCutcheon v. FEC (2014).

Those cases held that general concerns about donors merely having “access” to a politician will not justify certain campaign finance restrictions – but Gov. McDonnell stretches these holdings beyond the breaking point, making the stunning argument that Citizens United actually created a constitutional right to lavish politicians with gifts in exchange for official favors and access.

CLC’s friend-of-the-court brief argues that neither of these Supreme Court cases “invented a new free-standing constitutional right to purchase access to officeholders” – not to mention that McDonnell in fact gave Williams more than “mere access” – and interpreting these decisions to create such a “right” would result in “enormous damage to this Court’s longstanding campaign finance precedents.”

Read our friend-of-the-court brief.

WASHINGTON – The U.S. Supreme Court today unanimously held in Evenwel v. Abbott that all people count for the purpose of drawing voting districts, not just eligible voters.

“Today’s Supreme Court decision is not only a victory for equality, it is a reaffirmation that our Constitution protects all of us,” said Campaign Legal Center Executive Director Gerry Hebert. “As Justice Ginsburg accurately points out in her opinion, our representatives serve all residents, not just those eligible to vote. Today’s decision ensures that states can, and should, continue to draw their districts taking into account every person’s interests.”

The Campaign Legal Center filed a friend-of-the-court brief in the case on behalf of former Census Bureau Directors, arguing in defense of the total population standard, noting that states lack the proper data to count eligible voters for redistricting, rather than people, in the drawing of election districts.

Read the court’s opinion.

New Application Filed with High Court After 5th Circuit Refused to Rule 

WASHINGTON – The Campaign Legal Center (CLC) today called on the U.S. Supreme Court to take immediate action in the Texas voter ID case so that voters will not be harmed by the law in the 2016 presidential election.

The application filed with the U.S. Supreme Court follows the 5th U.S. Circuit Court of Appeals refusal to offer relief in time for the upcoming election. Last week, the appellate court effectively denied the Campaign Legal Center’s emergency motion to vacate its stay of a lower court’s ruling that struck down the law. Under the 5th Circuit’s order, the voter ID law will remain in effect as the case proceeds once again in the 5th Circuit, where it has languished since October 2014.

“Seven federal judges have ruled that Texas’ voter ID law discriminates against minority voters, but the law is still in effect,” said Gerry Hebert, executive director of the Campaign Legal Center. “The 5th Circuit has set up a schedule that likely forecloses our ability to obtain relief in time for the presidential election. We are asking the U.S. Supreme Court to ensure that that no one is prevented from casting a ballot because this discriminatory law is in place.” 

The D.C. District Court, a Texas district court, and a three-judge panel of the 5th Circuit have all found that the law discriminates against minority voters. The 5th Circuit’s stay of the district court’s decision in 2014 is the only reason the law is in effect.

“The stay was only granted because the District Court’s order was handed down days before the 2014 election and the 5th Circuit was concerned about changing procedures so close to the election. It should never have extended past 2014,” said Danielle Lang, legal fellow of the Campaign Legal Center. “The dangers identified by the court of appeals have passed, so there is no reason eligible Texas voters should once again be denied the right to vote.”

Our application to the U.S. Supreme Court was filed on behalf of Congressman Marc Veasey and other plaintiffs.

Read our application. 

Republican Party of Louisiana Seeks To End Necessary Federal Contribution Limits for Political Parties

WASHINGTON – The Campaign Legal Center, Democracy 21 and Public Citizen today filed a friend-of-the-court brief in U.S. District Court for the District of Columbia in Republican Party of Louisiana v. FEC, a case attempting to further undermine campaign contribution limits.

Under one of the key provisions enacted as part of the 2002 McCain-Feingold law and upheld by the U.S. Supreme Court in 2003, state and local parties have limits on how much they can raise for federal election activities. With the help of Citizens United lawyer Jim Bopp, the plaintiffs – the Republican Party of Louisiana and two of its local committees – argue that the First Amendment forbids Congress from limiting the sources and amounts of these contributions.

“These contribution limits are a modest and necessary check,” said Tara Malloy, deputy executive director of the Campaign Legal Center. “Political parties are inherently tied to candidates and serve as ready conduits for corruption. When parties raise money to engage in federal election activities, such as get-out-the-vote efforts in their own states that support a presidential candidate, it’s difficult to make the case that these state party activities do not impact the federal candidates they benefit and cannot be subject to federal restrictions.”

In our friend-of-the-court brief, we argue that large contributions to political parties to fund federal election activity—even insofar as that activity is “independent” of federal candidates—give rise to the reality and appearance of corruption and must be subject to contribution limits to protect our democracy.

“There is a long and demonstrated history of political party donors exploiting close ties to obtain political favors,” said Megan P. McAllen, associate counsel for the Campaign Legal Center. “If these restrictions are struck down, we could see political parties shift their focus from engaging average voters to instead engaging a handful of billionaires. It doesn’t improve the parties, and it doesn’t improve democracy.”

Lawyers for the Campaign Legal Center, Democracy 21 and the law firm WilmerHale are part of the legal team, led by Scott L. Nelson of Public Citizen Litigation Group, representing the amici curiae on today’s filing.

Grant Enables Lawyers, Advocates to Protect Voting Rights Nationwide 

WASHINGTON, D.C. – The John D. and Catherine T. MacArthur Foundation today demonstrated its commitment to protecting voting rights by awarding a $1 million legacy grant to the Voting Rights Institute, a project of the American Constitution Society, Campaign Legal Center and the Georgetown University Law Center.

“We are incredibly grateful to the MacArthur Foundation for investing in this important work,” said Gerry Hebert, executive director of the Campaign Legal Center. “The Voting Rights Institute is preparing the next generation of attorneys, experts and activists to preserve our democracy and protect the ability of all Americans to vote. By providing resources, litigating, educating, training and conducting new and original research, the VRI is growing the pool of voting rights attorneys and experts at this crucial time when they are needed the most. ”

Georgetown Law Dean William M. Treanor said,  “I could not be more pleased and proud that the MacArthur Foundation has chosen to honor the Voting Rights Institute and its crucial mission with this generous grant,” “The motto at Georgetown Law is, ‘Law is but the means; justice is the end.’ And nowhere is the need for justice greater than when it comes to protecting and preserving the right to vote.”

ACS President Caroline Fredrickson said, “This grant represents the tireless commitment of countless individuals to the idea that every American should have a voice in our political system,” “The Voting Rights Act—one of the most effective pieces of legislation ever passed – may be hobbled, but our dedication to the underlying democratic principles will endure.”
 
The VRI, launched in 2014, was established in response to the U.S. Supreme Court’s decision in Shelby County v. Holder, which nullified a key provision of the 1965 Voting Rights Act. The VRI offers opportunities for students, recent graduates and fellows to engage in litigation and policy work in the field of voting rights, and educates attorneys about the skills and best practices of voting rights advocacy. To date, the VRI has represented parties and filed friend-of-the-court briefs in a number of cases, including four in the U.S. Supreme Court this term alone.  Furthermore, the VRI has trained 400 attorneys, law students and voting rights advocates in 10 cities nationwide, with more trainings on the schedule for 2016.

As part of this effort, the VRI today proudly launches a new website, www.votingrightsinstitute.org, which provides voting rights information to the public, resources for attorneys working on voting rights litigation (including expert witness documents and sample legal documents), and a tool for the public to report voting rights violations. It also provides updates on events, publications and other resources to elevate public awareness of changes to voting procedures, including problems implementing voter identification laws and voter registration restrictions.  The site leverages a technology platform developed by Pro Bono Net, which is used to support broad-based networks of legal aid, civil rights and pro bono lawyers.

Learn more about the Voting Rights Institute

Yet Another Donor Anonymously Funds Elections While Hiding Behind Shell Company

WASHINGTON – The Campaign Legal Center, a leading campaign finance watchdog, along with Democracy 21, today filed a complaint with the Federal Election Commission (FEC), calling on the agency to investigate contributions to “the ghost corporation” “Children of Israel LLC,” which funneled $400,000 to two super PACs.

Read the complaint.

According to an article by The Washington Post, the mysterious California-based LLC contributed $50,000 to Pursuing America’s Greatness, a super PAC supporting Mike Huckabee’s previous presidential run, and gave another $100,000 in November. And in January, it donated $250,000 to Stand for Truth, a pro-Ted Cruz super PAC. These donations made “Children of Israel LLC” the fourth-biggest donor to each of these groups, although the true source of the funding was never disclosed to the public.

Additionally, Shaofen “Lisa” GAO, the founder of the LLC,  filed paperwork with the California’s secretary of state’s office in September listing “donations” as her company’s type of business, an apparent admission that the company was created to act as a conduit for secret money.  

 “Without FEC action, we’ll continue to see a trend of donors hiding behind LLCs to skirt disclosure laws,” said Larry Noble, general counsel of the Campaign Legal Center. “As secret super PAC donors face no consequences, Americans are left in the dark, without any way of knowing who is funding and influencing campaigns, including whether illegal foreign money is creeping into American elections.”

This is the fourth complaint this year that the Campaign Legal Center has filed with the FEC against donors funneling money through LLCs to avoid disclosure laws. CLC and Democracy 21 await FEC action.

New motion filed so voters can participate in 2016 presidential election

WASHINGTON – The Campaign Legal Center (CLC) today called on the 5th U.S. Circuit Court of Appeals to vacate its stay of a lower court’s ruling so that Texas’s harmful voter ID law will not prevent voters from casting a ballot in the 2016 presidential election.

“Why should a law – which has already been found by seven federal judges to violate Texans’ voting rights – keep even one voter from participating in the 2016 presidential election?” said Gerry Hebert, executive director of the Campaign Legal Center. “All we are asking is that while we wait for a final ruling in this case, voters are not prevented from participating in our democracy.”

The D.C. District Court, a Texas district court, and a three-judge panel of the 5th Circuit have already found that the law discriminates against minority voters. The 5th Circuit’s stay of the district court’s decision in 2014 is the only reason the law is in effect, but that stay was originally issued in order to avoid confusion because the district court’s decision was issued shortly before the 2014 elections.

“That risk that the court of appeals found in 2014 that there may be voter confusion has clearly passed,” said Danielle Lang, legal fellow of the Campaign Legal Center, “so there is no reason eligible Texas voters should once again be denied the right to vote.”

The 5th Circuit’s full panel is set to hear the case in May, and there may not be a final decision until it’s too late to stop the law before the 2016 fall elections. The emergency motion to vacate the stay urges the court to rule by April 1.

Our motion was filed on behalf of Congressman Marc Veasey and other plaintiffs. Read the Emergency Motion of Veasey-Lulac Appellees. 

 

Arguments Are Latest in Public Citizen v. FEC Alleging Crossroads Should Register as a Political Action Committee

WASHINGTON – Crossroads GPS cannot rely on its own procedural maneuvering to argue that it is now too late to take action against it for failing to register as a political committee in 2010, Public Citizen said in a brief filed late Wednesday in the U.S. District Court for the District of Columbia.

The brief is the latest step in Public Citizen v. FEC, a case brought by Public Citizen, Craig Holman, Kevin Zeese and ProtectOurElections.org against the Federal Election Commission (FEC) for failing to take enforcement action against Crossroads GPS based on a three-three deadlock vote among the commissioners. The legal work on the case is being done by the Campaign Legal Center and Public Citizen Litigation Group.

Despite spending tens of millions of dollars on the 2010 midterm elections, Crossroads GPS refused to register as a political committee with the FEC and as a result did not disclose it contributors to the FEC. Public Citizen and its fellow plaintiffs filed an administrative complaint with the FEC, and the FEC’s general counsel recommended that the agency find probable cause to proceed with an investigation. But the three Republican commissioners blocked action by voting not to find probable cause to move forward. Public Citizen and the other three plaintiffs then sued to have the FEC’s dismissal of its complaint declared unlawful.

The case was on hold for more than a year while Crossroads GPS sought to intervene in the case and to obtain nonpublic documents from the FEC. The delay resulted from the FEC’s resistance, while the plaintiffs sought to keep the case moving.

With the case back on track, Crossroads GPS in early February filed its brief supporting the FEC’s refusal to take action against it. In addition to repeating the FEC’s arguments, Crossroads GPS argues that the case is now moot because the statute of limitations for its failure to register has run out, so the FEC could take no action against it even if Public Citizen succeeds in showing the FEC’s failure to investigate was unlawful.

In the brief filed yesterday, Public Citizen explains that Crossroads GPS has not carried the burden of showing that the case is moot. The statute of limitations Crossroads invokes would not bar the FEC from seeking an injunction requiring Crossroads GPS to register and make the required disclosures. Moreover, Crossroads GPS cannot rely on its own procedural maneuvering in the case to argue that the statute of limitations has now run out.

“This lawsuit gave Crossroads GPS notice of the charges against it well within the limitations period, and it can’t now claim that its own actions to slow down the lawsuit have run out the clock,” said Scott Nelson, attorney for Public Citizen.

Public Citizen’s brief also explains that in light of Crossroads’ extensive electoral spending in 2010, the three commissioners who blocked the FEC from taking action failed to come up with a lawful or reasonable explanation for not taking action against it, and the court should not defer to their views.

“The refusal of three FEC Commissioners to enforce the law not only undermined transparency in our elections but Crossroads GPS treated it as a green light to continue breaking the law,” said Tara Malloy, Campaign Legal Center Deputy Executive Director. “Even after the complaint was filed—and later dismissed—Crossroads GPS continued to spend tens of millions of dollars on express election advocacy without revealing the funders behind that effort.  Further, the FEC’s refusal to enforce the law has encouraged dozens of other ‘dark money’ groups to follow the example set by Crossroads GPS.”

Since its first foray into electoral politics in 2010, Crossroads GPS has continued to pour substantial amounts of money into each subsequent election. The Center for Responsive Politics ranks it the top-spending political nonprofit over the 2010, 2012 and 2014 election cycles, and it likely will remain a major player. But it has so far avoided the disclosure obligations imposed on political committees, and the IRS, intimidated by congressional critics of its scrutiny of political nonprofits, recently allowed it to claim tax-exempt status.

“Americans have been in the dark for long enough about who funds Crossroads GPS long enough,” said Robert Weissman, president of Public Citizen. “It’s high time the FEC took action against Crossroads. Crossroads GPS’ new argument that it’s now too late to do anything about it just won’t wash.”