Understanding Political Activity Rules of the Road: How to Steer Clear of Risks this Election Year

Size: px
Start display at page:

Download "Understanding Political Activity Rules of the Road: How to Steer Clear of Risks this Election Year"

Transcription

1 Understanding Political Activity Rules of the Road: How to Steer Clear of Risks this Election Year By: James A. Kahl Womble Carlyle Sandridge & Rice, LLP This election season many corporations have to be politically active because so much is at stake in Washington, in state capitals, and in cities and counties around the country. Decisions by federal, state, and local officials on a host of issues can mean the difference between success and failure for your company. At the same time, the rules governing political activity at the federal and state levels are in a constant state of flux. While the Supreme Court has enhanced corporate political speech rights, stricter rules govern a variety of other political activities and can pose traps for the unwary. Some political activities once considered just a part of doing business can present a high-stakes compliance challenge for any organization. Does your company know the political activity rules of the road? Here are some key political activity compliance tips that can help your company steer clear of trouble this election year. 1. Corporations Can Sponsor Political Ads, But Disclosure May be Required In its January 2010 decision in Citizens United v. Federal Election Commission, the Supreme Court ruled that corporations cannot be prohibited from sponsoring communications that expressly advocate the election or defeat of political candidates. As a result, corporations, associations, and many tax-exempt organizations are free to fund radio, television, and other communications supporting or opposing the candidates of their choice. However, the Court made clear that since these communications must be independent, their content, timing, and placement cannot be coordinated with candidates and their campaigns. Under federal and state campaign finance laws, the sponsors of these ads have to disclose their expenditures in reports available to the public. So it s not surprising that relatively few corporations have sponsored ads supporting or opposing candidates. For companies that sell directly to consumers, such ads could alienate much of their customer base. As a result, most corporate independent advocacy has been conducted thorough trade associations and other intermediary groups. The intermediary s spending on these communications will appear in publicly available reports. However, federal and state laws vary widely as to whether and when the persons and corporations providing the funds for the communications have to be disclosed. Significant media attention has focused on Super PACs a new type of political committee that can accept unlimited corporate and individual contributions to support independent advocacy. Despite popular commentary suggesting that these PACs are secretive entities, all contributions to federal Super PACs are fully disclosed in Federal Election Commission (FEC) reports. Any corporation contemplating a contribution to a group sponsoring independent political communications should familiarize itself with relevant federal, state, or local campaign finance rules to determine if it will be identified as a donor. In some instances, disclosure can be

2 avoided, depending on how funds are requested by the intermediary group and which funds the intermediary uses to finance the communications. 2. More Rigorous Disclosure Requirements May Be Coming In Citizens United, the Supreme Court spoke forcefully about the importance of transparency in corporate political spending, and eight of the justices voted to uphold the federal law s requirements that political ads must identify their sponsors. But many of the current disclosure regimes were enacted before corporate political expenditures were permitted and, thus, often do not encompass the flow of corporate spending through advocacy groups and other third parties. Some states have already revised their laws, and several pending proposals at the federal level may result in more rigorous disclosure obligations on independent political spending by corporations. For example, Rep. Chris Van Hollen (D-Md.) has introduced the DISCLOSE 2012 Act, which would impose new disclosure requirements on corporations, tax-exempt organizations, and PACs that make disbursements for campaign-related ads. Among other things, the proposal would require the organization to certify that its disbursements are not coordinated with a candidate or a political party, identify its contributors in FEC reports, and disclose the top contributors in its TV and radio ads. Similarly, the Securities and Exchange Commission is considering a rulemaking petition that would require corporations to disclose all political spending to their shareholders. As a result of a recent federal court ruling, virtually all persons or entities that contribute $1000 or more to help air so-called electioneering communications radio and TV communications that depict clearly identified federal candidates in a certain time period before an election will now have to be listed in FEC disclosure reports. The court found that the FEC s reporting rules did not comply with federal campaign finance laws because they allowed certain contributors to avoid disclosure. It is possible that new federal disclosure laws or regulations many not be put in place until after the November general election. Still, given the great fluidity in this area, corporations should follow these developments closely so they remain current on the scope of their disclosure obligations. 3. You Still Need Traditional PACs While the Supreme Court has opened up new avenues for independent corporate political communications, it did not overturn existing prohibitions on corporate political contributions to candidates and political parties. Therefore, under federal law and the laws of many states, corporations still cannot use their general treasury funds to make political contributions to campaigns or political parties. As a result, traditional PACs, which solicit contributions from eligible individuals, are as important as ever. In jurisdictions where corporate political contributions are prohibited, PACs remain the best way to support a candidate or political party in a way that is associated with the company. While PACs are relatively easy and inexpensive to form, they are governed by detailed (and sometimes confusing) rules regarding the solicitation and use of funds, the reporting of contributions and disbursements, and the proper management of PAC funds. Nonetheless, PACs 2

3 are well-established vehicles for political giving, and they serve as a way for a corporation to channel its political activities through an entity that presents limited risks. 4. Be Careful How You Use the Federal PAC Corporations frequently support both federal and state candidates with PAC contributions. How many PACs are needed to support both federal and state efforts? Can all of the activity be run through the federal PAC? Or do you also need one for each state? Unfortunately, the answers to these questions vary from state to state. In many cases, federal and state political contributions can be handled by the federal PAC. In some states, the federal PAC only has to file a copy of the federal report reflecting the state contributions, file an abbreviated state report, or in some instances file nothing at all. In a few states, the federal PAC must file the full range of reports required for state PACs, or may even have to establish an entirely separate PAC with its own bank account. It is essential to review state campaign finance laws before making a contribution to a state candidate with federal PAC funds. Failure to do so may result in one small state or local political contribution subjecting the federal PAC to rigorous, ongoing state reporting requirements. 5. Be Sure to Follow the Rules for Helping Your Trade Association Trade and professional associations regularly seek the help of their corporate members on a wide range of political activities, including the growth of the association PAC. How can corporate association members help? A corporate member can permit the association PAC to solicit its restricted-class employees. The corporate member can even use its payroll-withholding system to collect and forward contributions to the PAC. However, the association must obtain annual written permission from the corporate member to solicit its employees, and the corporate member can only authorize one trade association to solicit its restricted class per year. A corporate member also can provide other support for the association PAC. For example, while the corporate member may not generally pay the costs of PAC fundraising events, it may donate funds over and above its membership dues, which may help the association pay for PAC solicitation or fundraising activities. In addition, corporate members may donate raffle items, door prizes, and the like for PAC fundraising events. 6. State and Local Pay-to-Play Laws Present Risks for Public Contractors Corporations that sell goods or services to or otherwise contract with states and localities need to address the risks posed by so-called pay-to-play laws. These state and local laws take aim at perceived abuses in the public contract arena by banning or severely limiting campaign contributions by state and local contractors, their top executives, and in some instances, the executives spouses and dependents. The stakes for noncompliance by incumbent and prospective contractors are high. Businesses that violate these laws may face the immediate cancellation of existing contracts, debarment from future contracts, monetary fines, and even criminal penalties. Pay-to-play laws are complex, and vary widely from state-to-state, and city-to-city. These laws have been adopted by over 25 states and hundreds of cities and counties. They may 3

4 apply to contributions to executive officials and legislators, as well as to officials of quasigovernmental bodies such as commissions and school boards. In addition to the contribution restrictions, some pay-to-play laws require contractors to register and identify all affiliates, employees, and family members who are subject to contribution restrictions. Other laws require bidders and contractors to file reports listing campaign contributions by company employees. While pay-to-play laws are highly intrusive and impact the rights of individuals to make personal political contributions, with limited exceptions they have been upheld by federal and state courts. Public contractors should ascertain which pay-to-play laws pose the greatest risks to their contracts, and inform their officers, directors and senior managers of the steps they need to take protect the company s public sector business. 7. Gift-Giving and Lobbying Restrictions Are Getting Tougher In Washington, DC, and in states across the country, greater restrictions are being imposed on gift-giving to public officials, and lobbying activities are being subjected to higher levels of regulation. At the federal level, President Obama signed an executive order during his first week in office that greatly restricted gift-giving by federal lobbyists to his political appointees. More recently, the Office of Government Ethics issued draft regulations that would effectively apply these restrictions more broadly to the career federal work force. Meanwhile, some states have adopted draconian gift restrictions that prohibit legislators from accepting even a cup of coffee from a private party. And it is common to see states imposing more onerous gift restrictions on lobbyists and their employers. Fortunately, there are exceptions to virtually all gift rules, affording a degree of flexibility to those who follow the rules carefully. On the lobbying front, many states are expanding the definition of lobbying activity and subjecting a wider range of conduct to registration and reporting requirements. For example, in some jurisdictions, goodwill lobbying activity that entails getting to know a legislator even though no legislation is discussed triggers lobbying registration obligations. Similarly, a growing number of states and municipalities treat a public contractor's sales professionals as "procurement lobbyists," requiring them to register and file periodic reports. Corporations should be aware that incidental discussions with public officials, and furnishing public officials with even token gifts, may give rise to sanctions and adverse publicity. With advance planning in consultation with counsel, organizations can engage effectively with public officials and avoid the risks posed by lobbying and gift rules. 8. Corporations Need an Effective and Tailored Compliance Plan It is essential for any politically active corporation to implement an effective and ongoing political law compliance program that is tailored to the risks facing the company. PAC, lobbying, and gift-giving activity should be audited periodically. Appropriate policies and procedures should be adopted to guide employees, and employees must know whom to consult when questions arise. Key employees should receive training on federal and state campaign finance, gift, and lobbying rules. And strong record-keeping procedures should be in place whenever reporting is required. 4

5 Such attention to compliance can head off problems before they ripen into troublesome external audits or investigations. Indeed, the mere fact that a company provides periodic training tends to soften a regulator s stance when considering punitive action. This election year, opportunities will abound to support and engage with public officials to promote the public policy goals of your company. Understanding the rules of the road will ensure that violations of campaign finance, lobbying and gift laws do not undermine your efforts. * * * * * James A. Kahl is an attorney in the Washington, D.C. office of Womble Carlyle Sandridge & Rice, LLP, where he advises clients in connection with federal and state campaign finance, lobbying and government ethics matters. Jim previously served as Deputy General Counsel at the Federal Election Commission from 2002 to He is a frequent speaker and writer on political law and related compliance issues. 5

Best Buy Political Activity &

Best Buy Political Activity & Page 1 of 7 A. Policy Overview Purpose: This policy seeks to educate employees on political activity as it pertains to employment with Best Buy as a U.S.-domiciled company. Best Buy encourages employees

More information

Corporate Political Activities

Corporate Political Activities Corporate Political Activities What Corporations Need to Know in a Very Political Year September 2012 mckennalong.com Understanding the Sea Change Citizens United Represents Prior to Citizens United Corporations

More information

Home Depot complies with all legal and regulatory requirements in its political activities and interactions with public officials.

Home Depot complies with all legal and regulatory requirements in its political activities and interactions with public officials. The Home Depot, Inc. Political Activity and Government Relations Policy Last Revised February 2015 Introduction The Home Depot, Inc. ( Home Depot, or the Company ) recognizes that the actions of public

More information

WellCare Health Plans, Inc. Lobbying, Government Ethics & Political Activity Policy

WellCare Health Plans, Inc. Lobbying, Government Ethics & Political Activity Policy WellCare Health Plans, Inc. Lobbying, Government Ethics & Political Activity Policy Background/Purpose: 1. PREAMBLE WellCare Health Plans, Inc., and its affiliates and subsidiaries (collectively, WellCare

More information

Corporate Political Participation Policy Canada and the U.S. (Adopted: November 10, 2010)

Corporate Political Participation Policy Canada and the U.S. (Adopted: November 10, 2010) Corporate Political Participation Policy Canada and the U.S. (Adopted: November 10, 2010) has a well-established history of community involvement. Consistent with such involvement, this policy has been

More information

A GUIDE TO THE CURRENT RULES FOR FEDERAL ELECTIONS. What Changed in the 2010 Election Cycle

A GUIDE TO THE CURRENT RULES FOR FEDERAL ELECTIONS. What Changed in the 2010 Election Cycle A GUIDE TO THE CURRENT RULES FOR FEDERAL ELECTIONS What Changed in the 2010 Election Cycle Right through to Election Day, confusion reigned among the public and the press about the rules governing the

More information

Political Activity in a Nonprofit World

Political Activity in a Nonprofit World Political Activity in a Nonprofit World Presentation by Maria J. Armstrong, Esq. Jerry O. Allen, Esq. Bricker & Eckler LLP 1 Overview Corporate Political Activity Independent Activity, PACs, Non-partisan

More information

Visa Inc. Political Participation, Lobbying, and Contributions Policy

Visa Inc. Political Participation, Lobbying, and Contributions Policy Visa Inc. Political Participation, Lobbying, and Contributions Policy Policy Purpose and Scope This Political Participation, Lobbying, and Contributions Policy (the Policy ) establishes the standards for

More information

Fighting Big Money, Empowering People: A 21st Century Democracy Agenda

Fighting Big Money, Empowering People: A 21st Century Democracy Agenda : A 21st Century Democracy Agenda Like every generation before us, Americans are coming together to preserve a democracy of the people, by the people, and for the people. American democracy is premised

More information

CAMPAIGN FINANCE Glossary

CAMPAIGN FINANCE Glossary CAMPAIGN FINANCE Glossary Developed by: Paul Petterson, Ph. D. Bipartisan Campaign Reform Act: Also known as the McCain-Feingold act [after Senators John McCain (D-AZ) and Russell Feingold (R-WI)], enacted

More information

Focus. Feature Comment: Rules For Political Participation By Government Contractors In Flux

Focus. Feature Comment: Rules For Political Participation By Government Contractors In Flux Reprinted from The Government Contractor, with permission of Thomson Reuters. Copyright 2016. Further use without the permission of West is prohibited. For further information about this publication, please

More information

CAMPAIGN FINANCE AND BALLOT MEASURE GUIDE

CAMPAIGN FINANCE AND BALLOT MEASURE GUIDE NEVADA CAMPAIGN FINANCE AND BALLOT MEASURE GUIDE These resources are current as of 9/14/10: We do our best to periodically update these resources and welcome any comments or questions regarding new developments

More information

Regulatory Notice 14-50

Regulatory Notice 14-50 Regulatory Notice 14-50 Political Contributions FINRA Requests Comment on a Proposal to Establish a Pay-to-Play Rule Comment Period Expires: December 15, 2014 Executive Summary FINRA is requesting comment

More information

Chapter 7: The Electoral Process Section 3

Chapter 7: The Electoral Process Section 3 Chapter 7: The Electoral Process Section 3 Objectives 1. Explain the issues raised by campaign spending. 2. Describe the various sources of funding for campaign spending. 3. Examine federal laws that regulate

More information

IRS and 527 Reporting & Record Keeping

IRS and 527 Reporting & Record Keeping National Federation of Republican Women IRS and 527 Reporting & Record Keeping Revised: June 2016 NATIONAL FEDERATION OF REPUBLICAN WOMEN 124 N. Alfred Street, Alexandria, VA 22314 (703) 548-9688 (800)

More information

The Nuts and Bolts of Lobbying for 501(c)(3) and 501(c)(6) Exempt Organizations

The Nuts and Bolts of Lobbying for 501(c)(3) and 501(c)(6) Exempt Organizations The Nuts and Bolts of Lobbying for 501(c)(3) and 501(c)(6) Exempt Organizations December 13, 2011 Alexandra Megaris, Esq. Janice M. Ryan, Esq. Venable LLP 2008 Venable LLP 1 IMPORTANT INFORMATION ABOUT

More information

Election Law, Campaign Finance, and PAC Management

Election Law, Campaign Finance, and PAC Management Government Law & Policy: Election Law, Campaign Finance, and PAC Management GREENBERG TRAURIG, LLP ATTORNEYS AT LAW WWW.GTLAW.COM Government Law & Policy: Election Law, Campaign Finance, and PAC Management

More information

-A- Acceptable Sources of Contributions Section(s) 89510; Reg(s)

-A- Acceptable Sources of Contributions Section(s) 89510; Reg(s) INDEX 1 INDEX INDEX 2 INDEX 3 -A- Acceptable Sources of Contributions Section(s) 89510; Reg(s) 18421.7 Accrued Expenses Section(s) 84211; Reg(s) 18229, 18229.1, 18401, 18421, 18421.1-18421.3, 18421.4,

More information

FY17 Operating Budget Testimony Michael H. Reed, Esquire, Chairman Philadelphia Board of Ethics Prepared for City Council April, 2016

FY17 Operating Budget Testimony Michael H. Reed, Esquire, Chairman Philadelphia Board of Ethics Prepared for City Council April, 2016 FY17 Operating Budget Testimony Michael H. Reed, Esquire, Chairman Philadelphia Board of Ethics Prepared for City Council April, 2016 My name is Michael H. Reed, and I serve as the Chair of the Philadelphia

More information

Navigating Arizona s New Campaign Finance Laws

Navigating Arizona s New Campaign Finance Laws Navigating Arizona s New Campaign Finance Laws Making Your Business a More Relevant Part of the Political Process Presented by: Janna Day Kory A. Langhofer 1 September 23, 2013 Major Topics 1. Increased

More information

Financial Services/ Private Funds Advisory

Financial Services/ Private Funds Advisory Financial Services/ Private Funds Advisory August 5, 2013 Marketing Investment Management Services to Public Retirement Systems: Complying with Applicable Laws and Regulations It is well-known that high-profile

More information

Today s Advocacy Toolbox: PACs, Super PACs, and Independent Expenditures

Today s Advocacy Toolbox: PACs, Super PACs, and Independent Expenditures Today s Advocacy Toolbox: PACs, Super PACs, and Independent Expenditures 2016 Association of Chamber of Commerce Executives Annual Convention August 11, 2016 Janice M. Ryan Political and Nonprofit Law

More information

Pay-to-Play Laws and Pitfalls

Pay-to-Play Laws and Pitfalls Pay-to-Play Laws and Pitfalls Click to edit Master title style C. SIMON DAVIDSON PARTNER- MCGUIREWOODS; AUTHOR, A QUESTION OF ETHICS STEVE EPSTEIN CHIEF COUNSEL, ETHICS & COMPLIANCE, THE BOEING COMPANY

More information

Guide to New Mexico Laws Governing Campaign Finance Disclosure by Campaign Participants Other Than Candidates

Guide to New Mexico Laws Governing Campaign Finance Disclosure by Campaign Participants Other Than Candidates Guide to New Mexico Laws Governing Campaign Finance Disclosure by Campaign Participants Other Than Candidates Common Cause New Mexico is often asked what rules exist in New Mexico for regulating campaign

More information

Lobbying, Gift, and Campaign Finance Compliance Briefing

Lobbying, Gift, and Campaign Finance Compliance Briefing Lobbying, Gift, and Campaign Finance Compliance Briefing Caleb P. Burns 202.719.7451 cburns@wileyrein.com January 14, 2016 wileyrein.com Topics Lobbying Disclosure Gift Prohibitions and Exceptions Campaign

More information

Guidance on Political Campaign Activities at UWRF

Guidance on Political Campaign Activities at UWRF Guidance on Political Campaign Activities at UWRF This document provides general guidelines for employees and students of the University of Wisconsin-River Falls who wish to engage in an important but

More information

Advisory INTRODUCTION

Advisory INTRODUCTION Client Advisory J u n e 1 5, 2 0 0 5 Trade Association PAC Fundraising and Congressional Gift and Travel Rules TABLE OF CONTENTS: Pending Campaign Finance Legislation... Page 1 Campaign Finance Overview...

More information

Municipal Lobbying Ordinance

Municipal Lobbying Ordinance Municipal Lobbying Ordinance Los Angeles Municipal Code Section 48.01 et seq. Prepared by City Ethics Commission CEC Los Angeles 00 North Spring Street, 4 th Floor Los Angeles, CA 9001 (13) 978-1960 TTY

More information

Pay-to-Play, Lobbying, and Ethics

Pay-to-Play, Lobbying, and Ethics Skadden, Arps, Slate, Meagher & Flom LLP January 18, 2012 Pay-to-Play, Lobbying, and Ethics Institutional Investor Institute by Ki P. Hong khong@skadden.com Advisers to Mutual Funds Recordkeeping Effective

More information

CITIZEN ADVOCACY CENTER

CITIZEN ADVOCACY CENTER CITIZEN ADVOCACY CENTER What Role Does Money Play in Politics? A Mock Campaign LESSON PLAN AND ACTIVITIES All rights reserved. No part of this lesson plan may be reproduced in any form or by any electronic

More information

Shining a Light: Success of the Massachusetts Disclosure Law

Shining a Light: Success of the Massachusetts Disclosure Law Shining a Light: Success of the Massachusetts Disclosure Law Because of the Massachusetts Disclosure Law... Secret money in elections is drastically lower than it was before. Campaign finance information

More information

POLITICAL & CAMPAIGN ACTIVITIES POLICY

POLITICAL & CAMPAIGN ACTIVITIES POLICY Summary POLITICAL & CAMPAIGN ACTIVITIES POLICY Because tax and political compliance laws impose restrictions, and even prohibitions, on certain political activities and on the use of resources, buildings

More information

Michael J. Lerche Certified Public Accountant

Michael J. Lerche Certified Public Accountant Michael J. Lerche Certified Public Accountant October 25, 2010 12929 McCubbin Lane Germantown, MD 20874 National Federation of Republican Woman, Inc. Mrs. Sue Lynch, President 124 N. Alfred St. Alexandria,

More information

COLORADO CONSTITUTION ARTICLE XXVIII (Amendment 27)

COLORADO CONSTITUTION ARTICLE XXVIII (Amendment 27) COLORADO CONSTITUTION ARTICLE XXVIII (Amendment 27) Campaign and Political Finance Section 1. Purpose and findings. The people of the state of Colorado hereby find and declare that large campaign contributions

More information

Legal Concerns In Setting Up A Ballot Measure Committee February 2014

Legal Concerns In Setting Up A Ballot Measure Committee February 2014 Committee Organization A ballot measure committee is basically a bank account set up to support or oppose an initiative or referendum on the state or local level, and the people who make decisions about

More information

LOBBYING DISCLOSURE. Table of Contents

LOBBYING DISCLOSURE. Table of Contents MASSACHUSETTS LOBBYING DISCLOSURE These resources are current as of 7/29/2016. We do our best to periodically update these resources and welcome any comments or questions regarding new developments in

More information

By Bob Mayzes Georgia Republican Party Treasurer. Brenda Flood Georgia Republican Party Controller

By Bob Mayzes Georgia Republican Party Treasurer. Brenda Flood Georgia Republican Party Controller Guidelines to comply with campaign finance regulations by the Internal Revenue Service, Federal Election Commission & State Ethics Commission of Georgia By Bob Mayzes Georgia Republican Party Treasurer

More information

Anti-bribery and Corruption Policy

Anti-bribery and Corruption Policy Anti-bribery and Corruption Policy Pact Group Holdings Ltd (Company) ACN 145 989 644 1 Purpose of this policy 1 PURPOSE OF THIS POLICY Pact Group is committed to upholding high standards of business integrity

More information

CAMPAIGN FINANCE LAW: what you need to know

CAMPAIGN FINANCE LAW: what you need to know CAMPAIGN FINANCE LAW: what you need to know Citizen s United, PACs, and Super PACs: Money in American Politics By Tyler McClay, General Counsel for the Missouri Catholic Conference There is much talk these

More information

Disclosure Eclipse

Disclosure Eclipse www.citizen.org Nearly Half of Outside Groups Kept Donors Secret in 2010; Top 10 Groups Revealed Sources of Only One in Four Dollars Spent November 18, 2010 Acknowledgments This report was written by Taylor

More information

City Contributor Guide

City Contributor Guide Los Angeles City Ethics Commission City Contributor Guide 2017 Regular Elections May 2015 Campaign Contributions to City Candidates Table of Contents INTRODUCTION... 1 TYPES OF CONTRIBUTIONS...2 What is

More information

Chapter V: Special Rules for Establishing and Operating a Super PAC that is a Nonconnected Committee

Chapter V: Special Rules for Establishing and Operating a Super PAC that is a Nonconnected Committee Chapter V: Special Rules for Establishing and Operating a Super PAC that is a Nonconnected Committee The Connection Strategies for Creating and Operating 501(c)(3)s, 501(c)(4)s and Political Organizations

More information

LOBBYING AND COMMUNICATIONS BY FACULTY AND STAFF WITH FEDERAL, STATE, AND LOCAL GOVERNMENT OFFICIALS

LOBBYING AND COMMUNICATIONS BY FACULTY AND STAFF WITH FEDERAL, STATE, AND LOCAL GOVERNMENT OFFICIALS Responsible University Official: Special Assistant to the President for Government Relations Responsible Office: Government Relations Origination Date: January 19, 2010 LOBBYING AND COMMUNICATIONS BY FACULTY

More information

Appendix B. Comparison of Political Committee and Electioneering Communications Organization

Appendix B. Comparison of Political Committee and Electioneering Communications Organization Appendix B Comparison of Political Committee and Electioneering Communications Organization Purpose Political Committee (PC) To support or oppose any candidate, issue*, PC, ECO, or political party. May

More information

Federal & Rhode Island Reporting and Registration Requirements Related to Lobbying Activity KLR Not-for-Profit Services Group June 2014

Federal & Rhode Island Reporting and Registration Requirements Related to Lobbying Activity KLR Not-for-Profit Services Group June 2014 Federal & Rhode Island Reporting and Registration Requirements Related to Lobbying Activity KLR Not-for-Profit Services Group June 2014 www.kahnlitwin.com Boston Cambridge Newport Providence Shanghai Waltham

More information

Florida s Broken Campaign Finance System Integrity Florida Report to the Florida House of Representatives Ethics & Elections Subcommittee

Florida s Broken Campaign Finance System Integrity Florida Report to the Florida House of Representatives Ethics & Elections Subcommittee Florida s Broken Campaign Finance System Integrity Florida Report to the Florida House of Representatives Ethics & Elections Subcommittee By Dan Krassner, and Ben Wilcox January 16, 2013 1 Chairman Boyd,

More information

Effective 501(c)(3) Lobbying:

Effective 501(c)(3) Lobbying: Effective 501(c)(3) Lobbying: 501(h) Election, No Substantial Part, and Creating Related Lobbying Organizations 2008 Venable LLP 1 501(c)(3) Lobbying Limits Lobbying restriction: Section 501(c)(3) of the

More information

Appendix B Comparison Political Committee vs. Electioneering Communications Organization

Appendix B Comparison Political Committee vs. Electioneering Communications Organization 18 Appendix B Comparison Political Committee vs. Electioneering Communications Organization Purpose To support or oppose any candidate, issue*, PC, ECO, or political party. May expressly advocate. May

More information

FedEx Corporation. Governmental Contacts and Lobbying Disclosure Compliance Policy

FedEx Corporation. Governmental Contacts and Lobbying Disclosure Compliance Policy FedEx Corporation Governmental Contacts and Lobbying Disclosure Compliance Policy FedEx Corporation (together with its subsidiaries, FedEx ) actively participates in the political process with the ultimate

More information

POLICY ON POLITICAL CAMPAIGN ACTIVITY

POLICY ON POLITICAL CAMPAIGN ACTIVITY POLICY ON POLITICAL CAMPAIGN ACTIVITY I. Introduction Goucher College is committed to providing an environment in which the free exchange and expression of ideas, including political views, is encouraged

More information

Pay-to-Play Restrictions on Campaign Contributions from Government Contractors, 2016

Pay-to-Play Restrictions on Campaign Contributions from Government Contractors, 2016 Pay-to-Play Restrictions on Campaign Contributions from Government Contractors, 2016 by Craig Holman, Ph.D., Public Citizen; and Kyung rok Wi, Democracy Law Project at Penn Law Pay-to-play is the all-too-common

More information

Lobbying Disclosure Act: A Brief Synopsis of Key Components

Lobbying Disclosure Act: A Brief Synopsis of Key Components Buyers Up Congress Watch Critical Mass Global Trade Watch Health Research Group Litigation Group Joan Claybrook, President Lobbying Disclosure Act: A Brief Synopsis of Key Components What is a Lobbyist?

More information

Fundraising In the United States: How Your Organization Can Get Started November 24, 2014 Presented by: Ted Hart, ACFRE, CAP CEO of CAF America

Fundraising In the United States: How Your Organization Can Get Started November 24, 2014 Presented by: Ted Hart, ACFRE, CAP CEO of CAF America Fundraising In the United States: How Your Organization Can Get Started November 24, 2014 Presented by: Ted Hart, ACFRE, CAP CEO of CAF America President of CAF Canada Introduction of Speaker TED HART,

More information

Considerations When Hiring Executive Branch Employees

Considerations When Hiring Executive Branch Employees Considerations When Hiring Executive Branch Employees Law360, New York (October 25, 2016, 1:21 PM EDT) As the Obama administration winds down, the number of administration officials leaving the government

More information

SEC ADOPTS NEW RULE DESIGNED TO DETER PAY-TO-PLAY ACTIVITIES BY INVESTMENT ADVISERS

SEC ADOPTS NEW RULE DESIGNED TO DETER PAY-TO-PLAY ACTIVITIES BY INVESTMENT ADVISERS CLIENT MEMORANDUM SEC ADOPTS NEW RULE DESIGNED TO DETER PAY-TO-PLAY ACTIVITIES BY INVESTMENT ADVISERS In light of recent publicized occurrences in states such as New York, California, New Mexico and Connecticut

More information

California Fair Political Practices Commission Frequently Asked Questions: Campaign Activity

California Fair Political Practices Commission Frequently Asked Questions: Campaign Activity Frequently Asked Questions: Campaign Activity Getting Started..Page 2 Ballot Measure Committees Page 4 Fundraising... Page 5 Expenditures.. Page 6 Communications.. Page 7 24-Hour Contribution Reports...

More information

Money owed for goods provided or services rendered.

Money owed for goods provided or services rendered. Minnesota Campaign Finance and Public Disclosure Board cfboard.state.mn.us 190 Centennial Building. St. Paul, MN 55155-1603 FAX: 651-296-1722 or 800-357-4114 Campaign Finance Glossary of Terms The following

More information

Practical Advice for Navigating Your Way Through Political Law. Topics for Today

Practical Advice for Navigating Your Way Through Political Law. Topics for Today Practical Advice for Navigating Your Way Through Political Law 2011 Annual Association Law Symposium Washington, DC September16 16, 2011 Topics for Today Update on Campaign Finance Issues: Jim Kahl Tax

More information

The Committee of Seventy s 2015 INTEGRITY AGENDA PHILADELPHIA MAYOR

The Committee of Seventy s 2015 INTEGRITY AGENDA PHILADELPHIA MAYOR The Committee of Seventy s 2015 INTEGRITY AGENDA PHILADELPHIA MAYOR The Committee of Seventy is asking you and the other declared candidates for Philadelphia s Mayor to commit to the following Integrity

More information

RE: Petition for Rulemaking Regarding the Citizens United decision

RE: Petition for Rulemaking Regarding the Citizens United decision June 18, 2015 Federal Election Commission c/o Office of the General Counsel 999 E Street, NW Washington, D.C. 20463 RE: Petition for Rulemaking Regarding the Citizens United decision To Whom It May Concern:

More information

SUMMARY OF THE SEC S PAY-TO-PLAY RULE 206(4)-5

SUMMARY OF THE SEC S PAY-TO-PLAY RULE 206(4)-5 SUMMARY OF THE SEC S PAY-TO-PLAY RULE 206(4)-5 In general, pay-to-play refers to various arrangements by which investment advisers may seek to influence the award of advisory business by making or soliciting

More information

Chapter I: Lobbying and Political Activities by 501(c)(4)s

Chapter I: Lobbying and Political Activities by 501(c)(4)s Chapter I: Lobbying and Political Activities by 501(c)(4)s The Connection Strategies for Creating and Operating 501(c)(3)s, 501(c)(4)s and Political Organizations Third Edition B. Holly Schadler Contents

More information

Last Updated: July 2012 Federal Update: October 2013

Last Updated: July 2012 Federal Update: October 2013 Last Updated: July 2012 Federal Update: October 2013 PUERTO RICO LOBBYING REGISTRATION AND REPORTING McConnell Valdés LLC (Puerto Rico) Antonio Escudero Viera and Samuel Céspedes Sabater Foley Hoag LLP

More information

You, Too, Could Be a Lobbyist (Even If You Don t Want to Be)

You, Too, Could Be a Lobbyist (Even If You Don t Want to Be) You, Too, Could Be a Lobbyist (Even If You Don t Want to Be) December 30, 2009 Boston Brussels Chicago Düsseldorf Houston London Los Angeles Miami Milan Munich New York Orange County Rome San Diego Silicon

More information

The Lobbying Reform Working Group The Value and Purpose of Association Lobbying

The Lobbying Reform Working Group The Value and Purpose of Association Lobbying The Lobbying Reform Working Group The Value and Purpose of Association Lobbying I. Overview; Why Associations Matter Every day, associations are creating positive change in the economy and society throughout

More information

Colorado Campaign and Political Finance Manual

Colorado Campaign and Political Finance Manual Colorado Campaign and Political Finance Manual Published by COLORADO SECRETARY OF STATE Revised January 2013 1 P a g e Colorado Campaign and Political Finance Manual Using the Campaign and Political Finance

More information

Guide to Vermont s Campaign Finance Law

Guide to Vermont s Campaign Finance Law Guide to Vermont s Campaign Finance Law Published by: Office of the Vermont Secretary of State Updated January 2016 2015-2016 Elections (2016 Statewide, 2015 and 2016 Local Elections) This guide is published

More information

Fading Disclosure Increasing Number of Electioneering Groups Keep Donors Identities Secret

Fading Disclosure Increasing Number of Electioneering Groups Keep Donors Identities Secret www.citizen.org Increasing Number of Electioneering Groups Keep Donors Identities Secret Sept. 15, 2010 Acknowledgments This report was written by Taylor Lincoln and Craig Holman of Public Citizen s Congress

More information

Prohibited for Section 527s, unless otherwise organized as a PAC. Prohibited for Section 527s, unless otherwise organized as a PAC.

Prohibited for Section 527s, unless otherwise organized as a PAC. Prohibited for Section 527s, unless otherwise organized as a PAC. Permissible Political Activities of PACs and Non-Profit Organizations Under Federal Campaign Finance and Tax Laws Prepared by Public Citizen s Congress Watch (December 18, 2002) Campaign Activity Federally

More information

Principles & Practices for Nonprofit Excellence ORGANIZATIONAL SELF-ASSESSMENT TOOL

Principles & Practices for Nonprofit Excellence ORGANIZATIONAL SELF-ASSESSMENT TOOL Principles & Practices for Nonprofit Excellence ORGANIZATIONAL SELF-ASSESSMENT TOOL Role Recognition 1) Nonprofits should recognize that their role in society differs from that of government and business.

More information

FEDERAL ELECTION COMMISSION Washington, DC 20463

FEDERAL ELECTION COMMISSION Washington, DC 20463 FEDERAL ELECTION COMMISSION Washington, DC 20463 CERTIFIED MAIL RETURN RECEIPT REQUESTED ADVISORY OPINION 2004-07 Elizabeth Kingsley, Esq. Harmon, Curran, Spielberg & Eisenberg, LLP 1726 M Street, N.W.

More information

501(c)(3) Organizations Lobbying and Political Activity. Robert Benton July 13, 2011

501(c)(3) Organizations Lobbying and Political Activity. Robert Benton July 13, 2011 501(c)(3) Organizations Lobbying and Political Activity Robert Benton July 13, 2011 Types of Tax-Exempt Organizations 501(c)(3) Charitable, Educational, Religious Goodwill, Cato Institute, Christian Broadcasting

More information

MASSACHUSETTS LOBBYING, REGISTRATION AND REPORTING Foley Hoag LLP Tad Heuer and Pat Cerundolo

MASSACHUSETTS LOBBYING, REGISTRATION AND REPORTING Foley Hoag LLP Tad Heuer and Pat Cerundolo Last Updated: October 2013 MASSACHUSETTS LOBBYING, REGISTRATION AND REPORTING Foley Hoag LLP Tad Heuer and Pat Cerundolo Table of Contents 1. Federal Registration and Reporting 2. Massachusetts Registration

More information

STANDARDS FOR EXCELLENCE

STANDARDS FOR EXCELLENCE STANDARDS FOR EXCELLENCE An Ethics and Accountability Code for the Nonprofit Sector 8 th Edition, January 2011 1998-2011 Maryland Association of Nonprofit Organizations dba Standards for Excellence Institute,

More information

CHARTER FOR THE THE REGULATORY, COMPLIANCE & GOVERNMENT AFFAIRS COMMITTEE CHARTER THE BOARD OF DIRECTORS

CHARTER FOR THE THE REGULATORY, COMPLIANCE & GOVERNMENT AFFAIRS COMMITTEE CHARTER THE BOARD OF DIRECTORS CHARTER FOR THE THE REGULATORY, COMPLIANCE & GOVERNMENT AFFAIRS COMMITTEE CHARTER OF THE BOARD OF DIRECTORS OF Copyright/permission to reproduce Materials in this document were produced or compiled by

More information

The Committee of Seventy s 2015 INTEGRITY AGENDA PHILADELPHIA CITY COUNCIL

The Committee of Seventy s 2015 INTEGRITY AGENDA PHILADELPHIA CITY COUNCIL The Committee of Seventy s 2015 INTEGRITY AGENDA PHILADELPHIA CITY COUNCIL The Committee of Seventy is asking you and the other declared candidates for Philadelphia City Council to commit to the attached

More information

Political Broadcasting Questions and Answers

Political Broadcasting Questions and Answers COMMUNICATIONS / BROADCAST Special Advisory to Broadcasters February 2004 Political Broadcasting Questions and Answers Lowest Unit Rates Q. What is meant by lowest unit charge? A. During the 45 days before

More information

ORDINANCE NO

ORDINANCE NO ORDINANCE NO. - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, AMENDING SECTION 1- OF THE BROWARD COUNTY CODE OF ORDINANCES, RELATING TO A CODE OF ETHICS FOR THE BROWARD

More information

Campaign Finance Reform: Legal Concerns & Policy Proposals After the 2012 Elections

Campaign Finance Reform: Legal Concerns & Policy Proposals After the 2012 Elections Campaign Finance Reform: Legal Concerns & Policy Proposals After the 2012 Elections A Campaign Finance Reform Advocate s Perspective 1. What components of our current campaign finance system do I consider

More information

Public Act No. 15-15

Public Act No. 15-15 Public Act No. 15-15 AN ACT AMENDING THE CODE OF ETHICS FOR LOBBYISTS TO REDEFINE "EXPENDITURE" AND RAISE THE THRESHOLD FOR LOBBYIST REGISTRATION. Be it enacted by the Senate and House of Representatives

More information

LOBBYING REGISTRATION AND REPORTING IN COLORADO Davis Graham & Stubbs LLP Joel Benson and Erik Estrada 1

LOBBYING REGISTRATION AND REPORTING IN COLORADO Davis Graham & Stubbs LLP Joel Benson and Erik Estrada 1 Last Updated: January 2010 LOBBYING REGISTRATION AND REPORTING IN COLORADO Davis Graham & Stubbs LLP Joel Benson and Erik Estrada 1 Table of Contents 1. Federal Registration and Reporting 2. Colorado Registration

More information

Intercontinental Exchange, Inc. Global Anti-Bribery Policy

Intercontinental Exchange, Inc. Global Anti-Bribery Policy Intercontinental Exchange, Inc. Global Anti-Bribery Policy 20140923 1. Policy Intercontinental Exchange, Inc. (ICE), and all subsidiaries and entities controlled by it (collectively, the Company ), is

More information

Campaign Committees General Information

Campaign Committees General Information Campaign Committees General Information Organizing the Committee: In order to run for office, you will need to organize a campaign committee. Organizing a committee consists of filing paperwork with the

More information

Exempt Organizations Bulletin

Exempt Organizations Bulletin Exempt Organizations Bulletin SEPTEMBER 2013 NEW YORK NONPROFIT REVITALIZATION ACT CLEARS LEGISLATURE The Nonprofit Revitalization Act of 2013 passed both houses of the New York State Legislature at the

More information

GUIDELINES FOR POLITICAL ACTIVITIES OF RIGHT TO LIFE ORGANIZATIONS. by James Bopp, Jr., General Counsel National Right to Life Committee, Inc.

GUIDELINES FOR POLITICAL ACTIVITIES OF RIGHT TO LIFE ORGANIZATIONS. by James Bopp, Jr., General Counsel National Right to Life Committee, Inc. May 2014 GUIDELINES FOR POLITICAL ACTIVITIES OF RIGHT TO LIFE ORGANIZATIONS by James Bopp, Jr., General Counsel National Right to Life Committee, Inc. 1 As the right to life movement and state right to

More information

OFFICE OF THE CITY ATTORNEY CITY OF OAKLAND. Frequently Asked Questions (FAQs)

OFFICE OF THE CITY ATTORNEY CITY OF OAKLAND. Frequently Asked Questions (FAQs) Issued: April 28, 2014 Revised: July 2, 2015 OFFICE OF THE CITY ATTORNEY CITY OF OAKLAND Frequently Asked Questions (FAQs) Campaign-Related Activities by Elected Officials, Candidates, City Officers and

More information

Comparison of Political Committee, Committee of Continuous Existence And Electioneering Communications Organization

Comparison of Political Committee, Committee of Continuous Existence And Electioneering Communications Organization Comparison of Political Committee, Committee of Continuous Existence And Electioneering Communications Organization Political Committee (PC) Committee of Continuous Existence (CCE) Electioneering Communication

More information

CALIFORNIA LOBBYING REGISTRATION AND REPORTING Steptoe & Johnson LLP (California) Dave Roll. Foley Hoag LLP (Federal) Tad Heuer and Pat Cerundolo

CALIFORNIA LOBBYING REGISTRATION AND REPORTING Steptoe & Johnson LLP (California) Dave Roll. Foley Hoag LLP (Federal) Tad Heuer and Pat Cerundolo Last Updated: September 2011 Federal Update: October 2013 CALIFORNIA LOBBYING REGISTRATION AND REPORTING Steptoe & Johnson LLP (California) Dave Roll Foley Hoag LLP (Federal) Tad Heuer and Pat Cerundolo

More information

AVIATION AUTHORITY POLICY

AVIATION AUTHORITY POLICY PURPOSE: To protect the integrity of the Authority by providing a guide for proper conduct of Board members and employees of the Authority, including discipline for violations, and establishing a program

More information

Ethics in Judicial Elections

Ethics in Judicial Elections Ethics in Judicial Elections A guide to judicial election campaigning under the California Code of Judicial Ethics This pamphlet covers the most common questions that arise in the course of judicial elections.

More information

AN ORDINANCE AMENDING SECTIONS THROUGH OF THE CODE OF ORDINANCES (LOBBYIST REGISTRATION ORDINANCE)

AN ORDINANCE AMENDING SECTIONS THROUGH OF THE CODE OF ORDINANCES (LOBBYIST REGISTRATION ORDINANCE) AN ORDINANCE AMENDING SECTIONS 2-264 THROUGH 2-272 OF THE CODE OF ORDINANCES (LOBBYIST REGISTRATION ORDINANCE) Section One: Sections 2-264 through 272 of the Code of Ordinances are hereby amended to read

More information

Ohio Elections Commission & Campaign Finance Law

Ohio Elections Commission & Campaign Finance Law Ohio Elections Commission & Campaign Finance Law I. Ohio Elections Commission A. Not the Ohio Elections Commission Voter Registration, Review of Petitions, Approval of Voting Machines, Conduct of Voting,

More information

Democracy and Language Affairs Unit 17 June 2011 Kaisa Tiusanen. Third Evaluation Round of GRECO; Theme II; Transparency of Party Funding

Democracy and Language Affairs Unit 17 June 2011 Kaisa Tiusanen. Third Evaluation Round of GRECO; Theme II; Transparency of Party Funding 1 MINISTRY OF JUSTICE MEMORANDUM Democracy and Language Affairs Unit 17 June 2011 Kaisa Tiusanen Situation Report of Finland (situation by 30 June 2011) Third Evaluation Round of GRECO; Theme II; Transparency

More information

SOUTH DAKOTA LOBBYING REGISTRATION AND REPORTING Lynn, Jackson, Shultz & Lebrun, P.C. (South Dakota) Gene N. Lebrun

SOUTH DAKOTA LOBBYING REGISTRATION AND REPORTING Lynn, Jackson, Shultz & Lebrun, P.C. (South Dakota) Gene N. Lebrun Last Updated: June 2012 Federal Update: October 2013 SOUTH DAKOTA LOBBYING REGISTRATION AND REPORTING Lynn, Jackson, Shultz & Lebrun, P.C. (South Dakota) Gene N. Lebrun Foley Hoag LLP (Federal) Tad Heuer

More information

An Overview of Pennsylvania's New Lobbying Disclosure Act (Revised January 19, 2007)

An Overview of Pennsylvania's New Lobbying Disclosure Act (Revised January 19, 2007) An Overview of Pennsylvania's New Lobbying Disclosure Act (Revised January 19, 2007) By: Lawrence J. Beaser, Esq. 1 Pennsylvania s new lobbyist registration and disclosure statute became effective on January

More information

San Joaquin County Employees' Retirement Association

San Joaquin County Employees' Retirement Association San Joaquin County Employees' Retirement Association Creation Date: 05/21/2010 Created By: Nancy Calkins Updated: 1/27/2012 Updated By: Nancy Calkins Policy Number: INV 1000 Revision: 2 SJCERA INVESTMENT

More information

CALIFORNIA LOBBYING REPORTING LAW AND COMPLIANCE SYSTEM. Presented by: Charles H. Bell, Jr., Esq.

CALIFORNIA LOBBYING REPORTING LAW AND COMPLIANCE SYSTEM. Presented by: Charles H. Bell, Jr., Esq. AND COMPLIANCE SYSTEM Presented by: Charles H. Bell, Jr., Esq. Bell, McAndrews & Hiltachk, LLP 455 Capitol Mall, Suite 810 Sacramento, California 95814 INTRODUCTION The Political Reform Act, adopted by

More information

California Fair Political Practices Commission Candidates and Campaign Committees

California Fair Political Practices Commission Candidates and Campaign Committees The FAQs listed below are selected from FPPC Campaign Disclosure Manuals. Because campaign activity varies among persons and committees, the FPPC manuals and regulations should be reviewed. All efforts

More information

Forming an Association Political Action Committee

Forming an Association Political Action Committee white paper Forming an Association Political Action Committee VENABLE LLP ON POLITICAL LAW CALIFORNIA MARYLAND NEW YORK VIRGINIA WASHINGTON, DC 1.888.VENABLE www.venable.com white paper AUTHORS Ronald

More information

LD-203: What Registrants and Lobbyists Must Report

LD-203: What Registrants and Lobbyists Must Report LD-203: What Registrants and Lobbyists Must Report Semi-Annual LD-203 Reports All registered registrants and lobbyists must file Acme, Inc. files report and all individual lobbyists employed by Acme, Inc.

More information