In this friend-of-the-court brief, CCP argues that McCutcheon presents an opportunity for the Supreme Court to clarify the standard of review for laws regulating contribution limits. Since the foundational case of Buckley v. Valeo in 1976, the Court has mandated a “rigorous standard of review,” but the application of that review has been inconsistent. Most [...]
Litigation
Amicus Brief: McCutcheon v. FEC
Published on May 13, 2013
Filed Under: All Amicus Briefs, Current Amicus Briefs, Legal, Amicus Briefs, Current Cases (Amicus), Current Cases (Litigation), Litigation
Plaintiff Libertarian National Committee’s Opposition to Defendant’s Motion to Alter or Amend
Published on April 29, 2013
Plaintiff Libertarian National Committee’s Opposition to Defendant’s Motion to Alter or Amend This case is roughly two years old, and has occupied a great deal of both the Parties’ and this Court’s time and attention. The legal question has always been whether Plaintiff’s challenge is frivolous or insubstantial. This Court found that, as regards the [...]
Filed Under: Legal, Libertarian National Committee v. FEC Legal Documents, Current Cases (Filings), Current Cases (Litigation), Filings, Litigation
Libertarian National Committee v. FEC Complete Documents
Published on March 26, 2013
Joint Status Report (2/22/13) [PDF; 5 pages] FEC’s Reply Memorandum in Support of its Motion for Summary Judgment (9/14/12) [PDF; 23 pages] FEC’s Reply Memorandum in Support of its Proposed Findings of Fact (8/27/12) [PDF; 9 pages] Plaintiff’s Reply to FEC’s Responses to Plaintiff’s Facts Submitted for Certification (8/27/12) [PDF; 11 pages] Plaintiff’s Memorandum of Points and Authorities in [...]
Filed Under: Libertarian National Committee v. FEC Legal Documents, Current Cases (Filings), Current Cases (Litigation), Filings, Litigation
Comments and Testimony
A First Look: The Wyden-Murkowski “Follow the Money Act of 2013”
Published on April 25, 2013
By David Keating, President and Eric Wang, Senior Fellow Senators Ron Wyden and Lisa Murkowski are at least (somewhat) candid about their motivations when they say “The goal of this effort is disclosure, for disclosure’s sake.” (Backgrounder on Wyden-Murkowski at 1.) Whether or not they have an ulterior motive of protecting their own incumbency is [...]
Filed Under: Disclosure, Disclosure Comments, Disclosure Federal, External Relations Comments and Testimony, Federal, Federal Comments and Testimony
CCP Comments on California’s Assembly Bill 45
Published on April 24, 2013
California Assembly Bill 45, under consideration by the Assembly Elections and Redistricting Committee, introduces a new reporting regime for donors who contribute $250 or more to newly defined “multipurpose organizations.” The bill defines a “multipurpose organization” as a “nonprofit organization, a federal or out-of-state political action committee, or a local club focusing on educational or social activities.” The [...]
Filed Under: Disclosure, Disclosure Comments, Disclosure State, External Relations Comments and Testimony, State, State Comments and Testimony, California
CCP Comments to the FEC in response to Notice 2013-01, Request for Comment on Enforcement Process
Published on April 22, 2013
The Center for Competitive Politics submitted comments [today,Friday] to the Federal Election Commission (FEC) in response to Notice 2013-01, Request for Comment on Enforcement Process. In the letter detailing the comments, CCP Legal Director Allen Dickerson outlines several steps CCP believes the Commission should take in carrying out its duty to enforce the nation’s campaign [...]
Filed Under: External Relations Comments and Testimony, External Relations Sub-Pages, Federal, Federal Comments and Testimony
Bradley A. Smith Testimony for the Senate Judiciary Committee Subcommittee on Crime and Terrorism United States Senate April 9, 2013
Published on April 9, 2013
On April 9th, CCP Chairman Bradley A. Smith testified before the Senate Judiciary Committee Subcommittee on Crime and Terrorism on campaign finance issues. (Watch video here) For many reasons, enforcing campaign finance law is a highly complex issue. Most importantly, campaign finance law must be carefully crafted in order to avoid infringing on First Amendment rights. [...]
Filed Under: External Relations Comments and Testimony, External Relations Sub-Pages, Federal, Federal Comments and Testimony, DISCLOSE, Disclosure, FCC, IRS, SEC
CCP Comments on Montana Senate Bill 375
Published on April 5, 2013
One of the primary issues with the legislation is the new, overly broad disclosure regime it creates. S.B. 375 purports to regulate communications similar to, though broader than, federal Electioneering Communications. While the Citizens United Court upheld disclosure in that context, it addressed only a narrow and far less burdensome form than that proposed in [...]
Filed Under: Disclosure, Disclosure Comments, Disclosure State, External Relations Comments and Testimony, State, State Comments and Testimony, Montana
Comments to the Montana House Judiciary Committee on Senate Bill 320
Published on April 4, 2013
S.B. 320 would directly and unambiguously contradict the Supreme Court’s holding in Citizens United v. Federal Election Commission and the subsequent reaffirmation of that holding in American Tradition Partnership v. Bullock. Its passage would evidence a marked lack of concern for the rule of law and would expose Montana to costly re-litigation of an already-settled legal question. [...]
Filed Under: External Relations Comments and Testimony, External Relations Sub-Pages, State, State Comments and Testimony, Montana
CCP Comments on California’s Senate Bill 121
Published on April 3, 2013
S.B. 121 imposes burdensome and impractical requirements on corporations. Under the auspices of shareholder protection, this bill will serve only to stifle speech, and will fail to meaningfully supplement existing shareholder safeguards. Moreover, the bill’s constitutionality is suspect. S.B. 121 places an exorbitant burden on corporations engaging in political activity. While the government of California [...]
Filed Under: Corporate Governance, Corporate Governance Comments, Corporate Governance State, External Relations Comments and Testimony, External Relations Sub-Pages, State, State Comments and Testimony, corporate governance, corporations, DISCLOSE, Disclosure, California
Comments on Maryland Senate Bill 1039
Published on March 29, 2013
External Relations Director Matt Nese submitted comments to the Maryland Senate Education, Health, and Environmental Affairs Committee on Senate Bill 1039, which makes several welcome revisions to existing campaign finance law in the state, but contains several provisions of significant constitutional concern to the Center. In its current form, S.B. 1039 relies upon an unclear and overbroad definition of [...]
Filed Under: Disclosure Comments, Disclosure State, External Relations Comments and Testimony, External Relations Sub-Pages, State Comments and Testimony, Maryland
Comments on Nevada S.B. 15 Disclosure Bill
Published on March 26, 2013
S.B. 15 broadly extends recent court-sanctioned disclosure of these communications, covering speech that discusses political issues, but does not advocate for or against candidates for office. As a result, the legislation may deter individuals from contributing to organizations by impinging on their right to freedom of association. Likewise, many small non-profit groups may find it easier to cancel communications efforts rather than struggle to meet reporting requirements. The [...]
Filed Under: Disclosure, Disclosure Comments, Disclosure State, External Relations Comments and Testimony, External Relations Sub-Pages, Nevada
CCP Comments before the New York State Senate Elections Committee
Joe Trotter
CCP Comments before the New York State Senate Elections Committee While proponents of so-called “clean elections” proposals tout the programs as a panacea for eliminating corruption and “fixing government,” the experience of three states with similar versions of these programs, as well as New York City’s own program is very telling. Since the inception of [...]
Filed Under: External Relations Comments and Testimony, State, State Comments and Testimony, Tax-Financing, Tax-Financing Comments, Tax-Financing State, New York