Campaign Legal Center Endorses Reintroduction of the Protecting our Democracy Act

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Washington, D.C. — Today, Congressman Adam Schiff of California, joined by over 100 cosponsors, reintroduced the Protecting our Democracy Act (PODA), a comprehensive package of historically bipartisan reforms aimed at reducing corruption and implementing safeguards against abuses of power. Campaign Legal Center (CLC) endorses the legislation and Trevor Potter, Founder and President of Campaign Legal Center, issued the following statement of support:  

“Voters have every right to be concerned about the health of our democratic institutions. The Protecting Our Democracy Act (PODA) includes a number of commonsense reforms to address those concerns and more. If enacted, this important bill will enhance checks and balances between our branches of government, strengthen federal ethics law, and protect our elections from improper interference by bad actors.” 

PODA strengthens Congress’s ability to conduct oversight and curb potential misconduct. The legislation enhances government ethics by establishing new protections for whistleblowers and inspectors general and requiring every executive branch appointee to sign a comprehensive ethics pledge before serving in an official capacity. Finally, PODA safeguards our elections from foreign influence. It extends the ban on foreign political spending from candidate elections to state and local ballot initiatives and increases transparency around digital political advertisements to prevent the type of foreign interference that can seep into our elections when transparency is lacking.
 
Passing the Protecting Our Democracy Act is an essential component of any effort to foster a more responsive government and build a democracy that works for all Americans. Congress must take up this strong proposal without delay.”

FEC Complaint from Campaign Legal Center Alleges Obscure LLC Was Used in “Straw Donor” Scheme Supporting Pro-Francis Suarez Super PAC

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Washington, D.C.  Today, Campaign Legal Center (CLC) filed a complaint with the Federal Election Commission (FEC) against “PassionForest, LLC,” and any unknown person(s) that made a $500,000 contribution to SOS America PAC, a super PAC that has already spent over three million dollars backing Miami Mayor Francis Suarez’s presidential candidacy.   

The complaint alleges that PassionForest — an obscure company that appears to sell artificial flowers online — was not the true source of a $500,000 contribution made in its name to SOS America in October 2022. This scheme not only violates the “straw donor” ban in the Federal Election Campaign Act (FECA) but may have also been used to conceal contributions from foreign nationals – which are illegal across all levels of government. Concealing the true source of money used to influence elections, as appears to have occurred here, deprives voters of information they need to make an informed choice at the ballot box.   

“Voters have a right to know who is spending money to influence their votes and our government,” said Saurav Ghosh, director of federal campaign finance reform at Campaign Legal Center. “When someone uses an entity like PassionForest, LLC to make a major political contribution to a super PAC while hiding their identity from voters, it’s a serious violation of the laws meant to ensure transparency and prevent corruption in our elections.”   

Publicly available information suggests that PassionForest’s artificial flower business had largely shuttered within eleven months and that the LLC therefore could not have made a $500,000 contribution without money being provided to it for that purpose. Moreover, records suggest that the true donor, who provided the LLC with funds to make the contribution, may be a foreign national: while the LLC was registered in Delaware and disclosed an address in Florida to SOS America, an associated trademark application was filed on behalf of an applicant reportedly living in China, and PassionForest maintained an Amazon.com seller page linked to another address in China.   

Straw donor schemes involve serious violations of federal campaign finance law that have led to penalties and indictments in recent years. The FEC must not delay in looking into this matter and enforcing federal campaign finance law so that transparency in our elections will be protected.

Fighting Extreme Partisan Gerrymandering in Kentucky (Graham v. Adams)

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Campaign Legal Center is urging the Kentucky Supreme Court to rule that extreme partisan gerrymandering violates the Kentucky Constitution.

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About This Case/Action

In 2022, a group of Kentucky voters filed a lawsuit arguing that the state House and congressional maps passed by the legislature are unlawful partisan gerrymanders in violation of multiple provisions of the Kentucky Constitution. The plaintiffs alleged that the state maps “crack” and “pack” voters based on partisanship to ensure control over elections for the decade. The trial court agreed, concluding that the evidence “clearly” demonstrated that the maps were extreme and durable partisan gerrymanders. But the trial court held that no provision of the Kentucky Constitution prevents such gerrymandering. The plaintiffs appealed.  

CLC’s Amicus Brief 

CLC submitted a friend-of-the-court amicus brief that explains why the Kentucky Supreme Court has the authority and the obligation to uphold Kentuckians’ constitutional rights and review the plaintiffs’ partisan gerrymandering claims.  

Among other provisions, the Kentucky Constitution contains a Free Elections Clause, which provides a manageable standard to evaluate whether a challenged redistricting map constitutes an impermissible partisan gerrymander. This constitutional guarantee that “[a]ll elections shall be free and equal” is undermined when the political process has continuously failed Kentucky’s voters and allowed legislators elected from gerrymandered districts to insulate themselves from the electorate. There is firm historical grounding for applying Kentucky’s Free Elections Clause to prohibit excessive partisanship in the redistricting process. 

The problem of extreme partisan gerrymandering is only getting worse. The combination of an increasingly polarized electorate and the sophisticated tools that propel today’s mapmaking enables gerrymanderers to dilute the voting strength of a disfavored group of voters with precision, entrench favored incumbents, and often secure preferred electoral outcomes for a decade. Courts are critical to correct this democratic dysfunction. The state judiciary is the only institution with both the constitutional authority to stop gerrymandering and the lack of political incentive to perpetuate it.  

The Kentucky Supreme Court can and should step in to block these extreme partisan gerrymanders and their distorting effects on democracy.

Tennessee Now One of Three States with Permanent Felony Disenfranchisement After New Administrative Guidance Torpedoes Voting Rights Restoration

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Today, Tennessee issued guidance to election officials that short-circuits the longstanding Certificate of Restoration (COR) process and creates a new requirement that all people with past felony convictions must also receive either a court order or gubernatorial clemency to restore their right to vote. In so doing, Tennessee joins only Mississippi and Virginia in imposing permanent felony disenfranchisement on its citizens. 

In response, Blair Bowie, director of Campaign Legal Center’s Restore Your Vote initiative, issued the following statement: 

“Campaign Legal Center strongly condemns the illogical guidance released today by the Tennessee Elections Division which effectively destroys the voting rights restoration process created by the Tennessee legislature.  

Today’s guidance proves what the Elections Division has already shown to be true: Tennessee will use every tool imaginable to unlawfully and unfairly deny its citizens the freedom to vote. The decision flies in the face of the Tennessee legislature’s clear intent to create a voting rights restoration process that did not require going to court or a gubernatorial pardon. This deeply cynical move mirrors the Florida legislature’s 2019 law that undid voting rights restoration passed by the voters of the state.  

The guidance states that individuals who have lost the right to vote because of a felony conviction must both go through Tennessee’s administrative voting rights restoration process (called a Certificate of Restoration) and restore their rights of citizenship through a pardon or court petition. This effectively closes the door to voting rights restoration for over 470,000 Tennesseans. Tennessee has the second largest disenfranchised population in the country, second only to Florida, and disenfranchises over 20% of its Black citizens, the highest rate of Black disenfranchisement in the country. 

The guidance is a beyond-the-pale interpretation of a recent Tennessee Supreme Court decision, Falls v. Goins, which stated that a Tennessean with a Virginia state conviction who had been granted clemency by the Virginia governor also needed to show that he met the criteria for administrative rights restoration in Tennessee, including payment of court costs. The case arose because the Elections Division reversed its earlier position that an individual with an out-of-state conviction was only disenfranchised unless they had restored their citizenship rights in the state of conviction or Tennessee. The Elections Division never once argued during that case that individuals with out-of-state convictions would need to seek both a restoration of citizenship out-of-state AND voting rights restoration in Tennessee.” 

CLC, along with Free Hearts, the Tennessee NAACP, and Baker Donelson, are fighting for a better process on behalf of all Tennesseans who have not been able to restore their voting rights through Tennessee's broken system.  

Tennesseans with felony convictions, including out-of-state convictions, who need help with their voting rights can continue to visit RestoreYourVote.org for free and confidential assistance.