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Three Commissioners have announced their refusal to seek higher judicial review of a court decision declaring FEC regulations unconstitutional. This is a sad dereliction of their duties, though not a surprising one given their history of placing their own personal views and philosophy ahead of the...
Today, the U.S. Supreme Court denied the petition for certiorari in Cao v. FEC, a key case concerning the federal party coordinated spending limits. The high Court’s order leaves standing the decision of the en banc Fifth Circuit Court of Appeals that strongly affirmed the constitutionality of...
Late yesterday, a three-judge panel of the D.C. Circuit Court of Appeals denied a motion to stay a lower court ruling in Van Hollen v. FEC that requires comprehensive disclosure of funders for groups making “electioneering communications.” Millions of dollars have already been spent this cycle on...
Today, a federal court in Wyoming dealt another setback to groups challenging disclosure laws nationwide. Citing a “wall of precedent” upholding disclosure laws, U.S. District Judge Scott Skavdahl refused to preliminarily enjoin a number of FEC regulations and policies that implement the federal...
Yesterday, Rep. Matt Cartwright introduced H.R. 2670, the Openness in Political Expenditures Now Act (OPEN Act), to address the flood of secret political spending by corporation and unions in the wake of the Supreme Court’s Citizens Uniteddecision. The legislation would require corporations and...
In February 2008, the National Association of Manufacturers (NAM) challenged a provision in the Honest Leadership and Open Government Act (HLOGA) that requires a lobbying coalition, such as NAM, to disclose any member organizations of the coalition that fund the coalition’s lobbying activities and...
On January 10, 2007, Unity08, a self-described “nascent political party,” brought suit in the U.S. District Court for the District of Columbia challenging a FEC advisory opinion finding that it was a “political committee” under FECA even though it had not yet nominated its presidential and vice...
These consolidated cases, initiated in 2006, challenged the constitutionality of Connecticut’s campaign finance reform legislation, which included a public financing system and pay-to-play restrictions which prohibited contributions from lobbyists, state contractors, and members of their immediate...
The plaintiffs rely on the Supreme Court’s recent decision in Citizens United v. FEC to challenge Minnesota’s restriction on corporate contributions to state candidates and political parties, and its state disclosure requirements for corporate independent expenditures.
On August 5, 2010, plaintiffs filed a sweeping lawsuit challenging numerous aspects of Wisconsin campaign finance law, included the state’s definition of “political committee” and various disclosure and reporting requirements applicable to “independent expenditure organizations.” In 2014, a Seventh...
On October 19, 2011, plaintiffs filed a complaint in the U.S. District Court for the District of Columbia to challenge the constitutionality of the federal government contractor contribution ban as applied to individuals who have personal services contracts with federal agencies...
The lawsuits challenging the constitutionality of the Bipartisan Campaign Reform Act (BCRA) of 2002 - eleven suits brought by more than 80 plaintiffs - were consolidated as McConnell v. FEC. The defendants in the case were the U.S. Department of Justice and the Federal Election Commission; the Act...
Today, the Campaign Legal Center, and a coalition of reform groups, urged the Senate to vote in favor of the “Stop Trading on Congressional Knowledge Act” (STOCK Act) when it is brought to the floor for a vote next week. The letter sent to every Senator also urges them to oppose any amendments to...
South Carolina sought and obtained approval (preclearance) under the Voting Rights Act of a law (modified during litigation) that required voters to present a photo ID at the polls.
Plaintiffs brought the case in September 2006 to obtain a declaratory judgment confirming that the City of Ocean City, NJ has the home rule authority to adopt an ordinance that would provide for public financing in municipal elections. The Appellate Division of the Superior Court of New Jersey...
In January 2004, the Association of American Physicians and Surgeons (AAPS) and others filed a constitutional challenge to several aspects of Arizona’s public campaign financing system. Plaintiffs eventually voluntarily dismissed their case, with similar issues being litigated in McComish v...
Plaintiff Kean for Congress Committee brought suit against the FEC seeking judicial review of the agency’s dismissal of an administrative complaint...
Today, the Public Interest Public Airwaves Coalition urged Federal Communications Commission (FCC) Chair Julius Genachowski to take immediate steps to make effective the online public file rule adopted more than two years ago requiring commercial television stations to make their public inspection...
In March 2010, the U.S. Court of Appeals for the D.C. Circuit struck down the federal contribution limits as applied to “independent expenditure committees,” finding that the Supreme Court’s analysis in Citizens United required it to “conclude that the government has no anti-corruption interest in...