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...
View ArticleMinnesota 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...
View ArticleMore 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...
View ArticleCoordinating 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...
View ArticleMinnesota 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...
View ArticleSuper 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...
View Article“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...
View ArticleThe 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...
View Article“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...
View ArticleThe 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...
View ArticleTaking 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...
View ArticleYou 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...
View ArticleThinking 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)...
View ArticleEntry 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...
View ArticleCoordination 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...
View ArticleThe 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...
View ArticleA “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...
View ArticleThe 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...
View ArticleThe 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...
View ArticleOn 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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