In the News
Columbus Dispatch: DeWine argues against law on political speech
By Jack Torry
WASHINGTON — In a highly unusual move, Ohio Attorney General Mike DeWine told the U.S. Supreme Court yesterday that the state’s election law barring candidates from making false statements with malice violates the Constitution’s guarantee of freedom of speech.
In legal papers filed with the justices, DeWine said the Ohio law has a “chilling” impact on not only the speech of candidates, but also on independent organizations wishing to advertise against a candidate. The attorney general contended that the law “polices not just false speech, but speech that indisputably is protected under the First Amendment.”
CCP
Censorship Through the Tax Code: How the Proposed IRS Rules for Social Welfare Groups Stifle Political Activity
By Luke Wachob
Keating expanded on the idea that the IRS simply isn’t institutionally capable of making the sort of political determinations that both current law and the proposed rule demand of the beleaguered agency. He explained how the proposed rule ignores, or fails to incorporate, key concepts from landmark Supreme Court decisions in campaign finance and First Amendment cases. If citizens are going to be made to jump through hoops to exercise their free speech rights, the least the government can do is ensure that only expert agencies make and enforce the law. Dragging a revenue collection agency into the business of regulating political speech is bad government that will only make the IRS scandal more likely to recur in the future.
Events like the panel discussion at Cato make it painfully clear that Americans from across the political spectrum are opposed to the IRS rulemaking. With the public comment period now over, we’ll soon find out just exactly how much the IRS cares about what the public wants. CCP will be on guard to see what happens next. With a record number of comments and a bipartisan coalition of groups on our side, we won’t be alone.
Independent Groups
NY Times: Group Close to Obama Says It Erred on Donation
By NICHOLAS CONFESSORE
The group, Organizing for Action, also said that on three occasions its fund-raisers or other employees had tried to steer potentially controversial donations to allied liberal groups that did not disclose their donors. The contributions include the check promised by the businessman, written by an acquaintance reportedly seeking a presidential pardon for a 1991 Medicare fraud conviction.
USA Today: Democratic super PAC eyes Pennsylvania state races
By Fredreka Schouten
WASHINGTON — A federal super PAC aligned with Democrats is suing to overturn Pennsylvania’s law banning corporate and union contributions to political action committees — the latest sign that deep-pocketed super PACs are gearing up to shape state contests.
In its lawsuit, the General Majority PAC said it plans to get involved in legislative contests in the Keystone State this year and said the state’s law is inconsistent with the Supreme Court’s 2010 Citizens United decision allowing corporate and union spending in elections. That decision helped pave the way for super PACs to raise and spend unlimited amounts to help elect or defeat politicians as long as they operate independently of the candidates they support.
Roll Call: Former FEC General Counsel Returns to Battle
By Kent Cooper
Larry Noble, the former FEC General Counsel from 1987 to 2000, served at the agency for more than twenty years. He served as General Counsel working closely with the six Commissioners when there was a more collegial environment than in current years. In recent years he was in private practice with Skadden, Arps, Meagher & Flom LLP advising clients on matters relating to regulation of political activity. Noble had previously headed up the Center for Responsive Politics and Americans for Campaign Reform.
FEC
CPI: Obama budget no windfall for beleaguered FEC
By Dave Levinthal
The Federal Election Commission, throttled of late by Chinese hackers and staffing shortages, would receive $67.5 million during fiscal year 2015, according to Obama’s plan.
That’s $500,000 less than the FEC formally requested. It’s also millions of dollars less than the agency needs to fill numerous job vacancies and return to last decade’s staffing levels, and to clear an estimated 2.1 million-page backlog of unprocessed campaign filings.
Houston Chronicle: Stovall hits Stockman with FEC complaint
By Kevin Diaz
Stovall’s allegations are based on reports that Stockman worked with two groups —Asian Republicans of Harris County and a Texas nonprofit called the Center for the American Future.
The latter group was formed by ex-Stockman aide Jason Posey and was recently accused of distributing campaign material in the guise of a newspaper.
State and Local
New York –– Buffalo News: Public financing of elections will merely subsidize corruption
By Sam A. Fedele
It gets worse. Public financing is available to all, including incumbents. So a shady politician can refuse large donations and run with public money to create the impression that he is indebted to no one but the voters. As a bonus it saves his funders the money previously allocated for base campaign expenses. And without accountability, his funding godfathers can legally swamp their candidate’s opponent with a cacophony of expensive ad buys. Public financing not only fails to prevent corruption, it subsidizes it.
