Still Overbroad and Still Dangerous: Arkansas H.B. 1005 Threatens Nonprofit Groups’ Speech

PDF available here As amended by the sponsor on March 14, 2017, House Bill 1005 now contains only two major provisions. The first regulates “coordinated communications,” and the second creates a novel and excessively broad form of regulable speech: “political advertisements.” In both cases, the bill grants the five-member Arkansas Ethics Commission (“AEC”) unbridled discretion […]

Filed Under: Blog, External Relations Comments and Testimony, State, State Comments and Testimony, Arkansas Ethics Commission, coordination, Electioneering Communications, Arkansas

Comments to FEC Regarding Notice 2016-11: Rulemaking Petition: Political Party Rules

VIA ELECTRONIC SUBMISSION SYSTEM Federal Election Commission Attn.: Mr. Neven F. Stipanovic Acting Assistant General Counsel Federal Election Commission 999 E Street, N.W. Washington, D.C. 20463 RE: Notice 2016-11: Rulemaking Petition: Political Party Rules Dear Mr. Stipanovic: The Center for Competitive Politics (the “Center” or “CCP”),[1] respectfully submits these comments in response to Notice 2016-11.[2] […]

Filed Under: Blog, Contribution Limits, Contribution Limits Comments, Contribution Limits Federal, External Relations Comments and Testimony, Federal, Federal Comments and Testimony, coordination, FEC, federal election commission, Owen Yeates, State Political Parties

Constitutional and Practical Issues with Arkansas House Bill 1005

The Honorable Bob Ballinger The Honorable Jack Ladyman Re:  Constitutional and Practical Issues with House Bill 1005 Dear Chair Ballinger, Vice-Chair Ladyman, and members of the House State Agencies and Governmental Affairs Committee: On behalf of the Center for Competitive Politics, we are writing you today to respectfully submit the following comments regarding the constitutional […]

Filed Under: Blog, Disclosure, Disclosure, Disclosure Comments, Disclosure State, External Relations Comments and Testimony, State Comments and Testimony, Arkansas Ethics Commission, coordination, Covered Transfers, Electioneering Communications, Arkansas

Cuomo’s Campaign “Coordination” Plan Attacks First Amendment Rights

Alexandria, VA – The Center for Competitive Politics, America’s largest nonprofit defending First Amendment political speech, issued the following statement today from its president David Keating: “Governor Cuomo’s definition of what qualifies as coordination is as preposterous as it is dangerous to free speech. Cuomo wants to throw you in jail if you simply donate to […]

Filed Under: Blog, Press Releases, coordination, Governor Cuomo, New York

An Embarrassment at the FEC

If you want to know why things seem so contentious at the Federal Election Commission, we would call your attention to a recent Statement of Reasons by Commissioners Ann Ravel and Ellen Weintraub. Last month, in MUR 6535, the Commission reached a conciliation agreement with Restore Our Future, a Super PAC that advocated the election of […]

Filed Under: Blog, Brad Smith, Ann Ravel, Charlie Spies, coordination, ellen weintraub, FEC, federal election commission, Restore Our Future

Comments to California Fair Political Practices Commission on Proposed Changes to 2 Cal. Code Regs. § 18225.7 (“Made at the Behest; Independent Versus Coordinated Expenditures”)

BY E-MAIL ([email protected]) AND FACSIMILE (916- 322-6440) California Fair Political Practices Commission c/o: Jack Woodside, Senior Commission Counsel 428 J Street, Suite 620 Sacramento, CA 95814 Re:      October 15, 2015 Meeting Agenda General Item #64; Comments on Proposed Changes to 2 Cal. Code Regs. § 18225.7 (“Made at the Behest; Independent Versus Coordinated Expenditures”) […]

Filed Under: Blog, External Relations Comments and Testimony, State Comments and Testimony, California Fair Political Practices Commission, coordination, Independent Expenditures, California

Significant Constitutional and Practical Issues with Connecticut Senate Bill 1126 (as Substituted)

The Honorable Martin M. Looney The Honorable Len Fasano Re:  Significant Constitutional and Practical Issues with Senate Bill 1126 (as Substituted) Dear President Pro Tempore Looney, Senate Minority Leader Fasano, and members of the Senate: On behalf of The Center for Competitive Politics (CCP),[1] Senior Fellow Eric Wang[2] has analyzed S.B. 1126, as substituted favorably […]

Filed Under: Blog, External Relations Comments and Testimony, State Comments and Testimony, Super PACs, coordination, Connecticut

Solicitation and Coordination

  It’s frustrating for an academic when one’s work is misinterpreted. It’s even more frustrating when that misinterpretation is your own fault, and the “misinterpretation” bears an uncanny resemblance to what you actually wrote. This arises because there seems to be a growing debate over whether a candidate can solicit funds for a Super PAC […]

Filed Under: Blog, Bob Bauer, Bradley Smith, contributions, coordinated expenditures, coordination, corruption, Richard Briffault, Richard Hasen, solicitation, super PACs

The Curious Case of Contribution Limits in an Era of Independent Expenditures

Minnesota was one of eight states to raise contribution limits in 2013, but according to some, the Gopher State hasn’t gone far enough to resolve concerns surrounding its campaign finance system. The AP reports: Minnesota campaign finance regulators are wrestling with how to maintain proper separation between candidates and political groups independently spending money on […]

Filed Under: Blog, Disclosure, Disclosure Press Release/In the News/Blog, campaign contributions, campaign finance, Citizens United v. Federal Election Commission, Contribution limits, coordination, First Amendment, independent speech, independent spending, Luke Wachob, Minnesota, Minnesota Campaign Finance Board, money in politics, super PACs, Minnesota

'Super PACs' and the Role of 'Coordination' in Campaign Finance Law

In the Supreme Court’s 2010 decision in Citizens United v. FEC, the Court struck down a federal ban on independent expenditures in political campaigns by corporations. The Court held that independent spending could not create the type of “corruption” that the Court has recognized as a compelling government interest sufficient to overcome the intrusion of […]

Filed Under: Coordination, External Relations Sub-Pages, First Amendment, Independent Speech, Issues, Jurisprudence & Litigation, Research, Super PACs, Super PACs, Bradley A. Smith, Buckley v. Valeo, Center for Competitive Politics, Citizens United v. Federal Election Commission, coordination, corruption, money in politics, SpeechNow.org, super PACs, Supreme Court, Willamette Law Review, Coordination, First Amendment, Independent Speech, Jurisprudence & Litigation, Coordination, First Amendment, Independent Speech, Jurisprudence & Litigation