July 12, 2024

In the News

Courthouse News: Small-dollar donors sue FEC over disclosure rules

By Dave Byrnes

.....A married couple sued the Federal Election Commission in Toledo Thursday, arguing in their federal complaint that the commission's small donor disclosure rules violate their First Amendment rights…

"It defies comprehension why the identity of a donor who gives $3 to a candidate through digital platforms like WinRed or ActBlue must be publicly reported to the FEC, while a donor who physically hands a $175 check to a congressman at a fundraiser gets to keep his information private," the Olivers wrote in the 12-page lawsuit. "The $3 digital donor is treated worse not because of the amount, or concerns of transparency, but merely because of the mechanism of the donation."

New from the Institute for Free Speech

Small-Dollar Donors Sue FEC over Disclosure Requirements

.....Should donating even five dollars or less to a candidate result in your personal information being posted online for anyone to find? Confusingly, current law says “sometimes.”

The law says “no” if you personally hand a check for $200 directly to a federal candidate. But it says “yes” if your donation, no matter how small, is passed through a conduit like WinRed and ActBlue. Your direct donations are protected, but your indirect ones are exposed.

The Institute for Free Speech strongly believes the answer should be uniformly “no,” which is why attorneys from the Institute filed a federal lawsuit today in the U.S. District Court for the Northern District of Ohio on behalf of two small-dollar donors from Toledo. The suit challenges the constitutionality of federal campaign finance disclosure requirements for small-dollar donors who use online platforms to donate.

Congress

The Hill: Democratic lawmakers take aim at foreign money in elections

By Taylor Giorno

.....Sen. Sheldon Whitehouse (D-R.I.) and Rep. Jamie Raskin (D-Md.) introduced a bill Thursday that would bar U.S. companies “appreciably” owned by foreign entities from donating or spending money in American elections...

The legislation lays out foreign ownership thresholds and would require companies to file a certification with the Federal Election Commission within seven days of making political contributions or expenditures to certify they are in compliance with the thresholds.

The Courts

Courthouse News: Red states sue Biden administration over transgender health care protections

By Dave Byrnes

.....Seven GOP-dominated states filed a federal lawsuit in St. Louis against multiple Biden administration agencies Wednesday, in opposition to recent changes to the Affordable Care Act meant to protect transgender people from medical discrimination…

The plaintiff states claim the changes violate their free speech protections and subvert the legislative authority of Congress. They want a federal judge to block enforcement on those grounds.

"The rule is an overbroad restriction on speech, and it sweeps within its ambit a substantial amount of First-Amendment protected speech and expression," the states say in the complaint. "This overbreadth chills the speech of health care entities that engage in private speech through statements, notices, and other means in healthcare on the basis of sex."

AFPI: Arizona Criminalizes Free Speech in Polling Places; AFPI Files Federal Lawsuit

.....A federal lawsuit filed today challenges the Grand Canyon state’s election procedures under the First Amendment, claiming new restrictions mean something as simple as wearing the wrong colored hat to a polling place could be a crime.

The suit, filed by a group of plaintiffs, including the America First Policy Institute (AFPI) against Arizona Secretary of State Adrian Fontes, alleges Arizona’s recently updated Election Procedures Manual criminalizes Arizonans’ free speech with new restrictions. The lawsuit offers examples such as a voter expressing frustration due to downed voting machines as a new category of potential crime or wearing a red hat that someone claims is offensive.

Florida Bulldog: Appeals court’s ruling in favor of ex-U.S. Rep. David Rivera may be fatal to FEC’s mission

By Dan Christensen

.....When a federal appeals court threw out the Federal Election Commission’s $456,000 judgment against former Republican Miami congressman David Rivera last week, it may also have inflicted a mortal blow to the FEC…

“It may be fatal to the FEC’s mission as an enforcement agency,” said Washington, D.C. attorney Brett Kappel, an authority on campaign finance, lobbying and government ethics laws. “The FEC has no power to impose civil penalties, other than administrative fines for late filings. If it can’t negotiate a settlement, called a conciliation agreement, it has to go to court to ask the court to impose a civil penalty. This is extremely rare (but) when they do, they are typically resolved on summary judgment.

“The Eleventh Circuit ruling is that there has to be a jury trial in essentially every case where the respondent simply denies the allegation in the complaint – no matter how much evidence there is to support the allegation. The FEC simply doesn’t have the resources to conduct multiple jury trials each year,” Kappel said.

Washington Examiner: Clinton 2016 campaign and liberal super PAC crossed spending lines, court rules

By Paul Bedard

.....In the landmark decision, the U.S. Court of Appeals for the District of Columbia Circuit said Clinton and the super PAC Correct the Record improperly used an “internet exemption” to sidestep other restrictions to set up a “Benghazi Hearing War Room” and conduct a witch hunt of critics without reporting it as a campaign expense…

FEC Chairman Sean Cooksey told Secrets that the commission accepted the court’s decision and that he will fight for a “robust” exemption for online political activities.

“Following the D.C. Circuit’s decision today, my colleagues and I will carefully review the court’s opinion and consider next steps, including whether to seek review in the Supreme Court. Regardless, I will continue to fight for internet freedom at the FEC and a robust regulatory exemption for political activities online, consistent with the law,” he said.

Free Expression

ACLU: Trump on Surveillance, Protest, and Free Speech

By Ben Wizner

.....Enforcing the law is the central role of the executive branch, regardless of who is president. And though Donald Trump has threatened to abuse this power, the ACLU will work to change the politics around the First Amendment and individual liberty so politicians are more likely to defend them.

PACs

Politico: The NYC mayor fundraised for a New York PAC. Now money is going out of state.

By Jeff Coltin

.....A PAC run by a close ally of Mayor Eric Adams, which raised more than $1 million from people who support him, is making some curious out-of-state expenditures.

Al Cockfield’s Striving for a Better New York says on its website it “seeks to actively support and contribute to candidates for New York State offices who give a voice to the issues that impact the lives of everyday New Yorkers.”

But the PAC has given $1,000 to a candidate for mayor of Baton Rouge, Louisiana, $1,000 to a candidate for county prosecutor in Kansas City, Missouri and $2,500 to a candidate for controller in Houston, Texas.

All told, the committee has donated $15,000 to 11 candidates running far outside New York over the last year and a half, according to the latest campaign finance filings with the state Board of Elections.