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The FEC and the Path of Reform Proposals

The recent emails from the Federal Election Commission, unearthed through a Freedom of Information Act request, don’t reveal much that is new about the agency or the election law bar.  That Republican...

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Minnesota and the Frustrations of Judging “Independence”

Minnesota campaign finance officials are “vexed” by a request for an advisory opinion from an unnamed candidate. She (or he) would like to raise money for an independent expenditure committee that...

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More on “Independence”—Expert Reader Responses

As noted here Wednesday, the Minnesota Campaign Finance and Public Disclosure Board is stymied by the question of whether an independent committee can have contact with a candidate and remain...

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Coordinating with a Super PAC, Raising Money for It, and the Difference...

How much can a candidate do for a Super PAC without illegally “coordinating” with it? Recent proposals would answer that she has to keep her distance—no publicly (or privately) stated support and no...

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Minnesota on Candidate Fundraising for Independent Committees: Round Two and...

Having worried about candidate fundraising for independent committees—officials were “vexed” about this prospect, the press reported—the Minnesota Campaign Finance and Public Disclosure Board appears...

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Super PACs and the Confusion of Regulatory Objectives

In the discussion of Super PACs,  seemingly different concerns tend to intermingle or become fused together, creating confusion.  Most obvious is the continuing disagreement about whether candidate...

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“John Doe” and the Criminal Enforcement Strategy

At a time of intense struggle over civil enforcement of campaign finance laws, Wisconsin’s  “John Doe” case turns the discussion to the invocation of criminal law in a way not seen since the...

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The Coordination of Issue Advocacy Part I: Coordination and the Press

A sense is building in media quarters that the Wisconsin “issue advocacy” investigation, still in limbo in the courts, might be a pivotal moment in the campaign finance reform debate. It is a spicy...

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“Hybrids”

Spectators of campaign finance are waiting for the next big case, and many bets have been placed on the RNC’s suit to lift the limits on contributions to party independent expenditure programs.  Now...

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The Coordination of Issue Advocacy Part II: Progressive Conflicts and a...

Eugene McCarthy: We didn’t have any kind of formal links with [the anti-war movement] – you know, they were kind of doing their own thing. In fact, some of them were a little upset when we started the...

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Taking Issue with the Reform Establishment over Progressive Politics and...

Let’s first repay the compliment: Larry Noble is knowledgeable and experienced, and he has devoted earnestly and out of genuine conviction the better part of his professional life to the cause of...

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You Should Talk to Your Kids—As long As You Are Not Engaged in Illegal...

The Times was doing well with the younger set in recent days, hammering home the virtues of legalized access to marijuana, but it has taken a step back. Now it is questioning  the right of youth to...

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Thinking about the Paths for Campaign Finance Regulation

Arguments about the prospects for campaign finance regulation now fall broadly into three categories: (1) close up loopholes; patch up the rulebook; (2) wait for scandal to break the logjam; and  (3)...

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Entry Points for a Conversation about Campaign Finance

A recent posting here reviewed possible paths for campaign finance regulation: a determined attack on loopholes, a biding for time until scandal possibly arrives and allows for legislative reform and...

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Coordination Controversy in the Twitterverse

It may have been legal, or perhaps not, depending on the facts, which are so far not fully known.  But the use of  Twitter to feed polling information to outside groups lends itself to various...

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The Van Hollen Case

In a second round, at the second level of the Chevron test, a federal district court has struck down the FEC’s attempt to read a “purpose” requirement into the “electioneering disclosure” rule. Van...

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A “Third Approach” to Reform?

To Michael Malbin’s credit, he is taking seriously the political parties’ complaint about the terms under which they must compete for resources and influence with “outside” or independent groups. He...

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The Upcoming FEC Hearing and its Uses

The Federal Election Commission is about to hear from a varied community of observers and participants who have views of what it should do—or not—after McCutcheon.   All the witnesses are aware that...

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The FEC Hearing and Its Detractors

It seem unfair that just holding a hearing subjects the FEC to criticism and ridicule. The agency was acted entirely reasonably in inviting views on what it might do, if anything, in response to the...

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On the Public Coverage and Discussion of Campaign Finance Issues: The Super...

More balance in the public and press discussion of campaign finance issues would be desirable. This last week the FEC held a hearing, and whatever press coverage came out of it was largely devoted to...

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