Latest Developments:
- The Federal Election Commission announced adjustments to campaign fine amounts. The new penalty amounts and the formulae for calculating them are published in the Federal Register
- The California Fair Political Practices Commission revealed the five largest donors and recipients of behested payments in the state over the past five years. “Behested payments” occur when “an elected official who fundraises or otherwise solicits payments from one individual or organization to be given to another individual or organization.” The FPPC also created a portal with a means to search for those payments. There is no limit on these charitable donations, but payments of $5,000 or more must be reported. The Associated Press describes the activity and provides perspective on the issues raised by the donations.
- The Brennan Center for Justice notes that “There are over 8,000 local and state election officials in the United States, and the vast majority are elected.” The center vows to track those elections in 2022. “Another indication of the increased prominence of these races is a dramatic increase in the resources of one national group active in them, the Democratic Association of Secretaries of State. Only once in its history has it raised a six-figure sum in the first half of an odd-numbered year: $202,000 in 2019. But in the first half of 2021, the group took in more than $1 million. Republicans do not have a direct counterpart, but the Republican State Leadership Committee, which spends in secretary of state races along with legislative races, is also seeing an increase in funds.” Hence the regulated community may see more solicitations for these races this year, directly or through other sources.
In Case You Missed It:
- Georgia Contribution Lawsuit: The Hill reports that David Perdue, who is running for Governor, has sued Georgia over a new law (SB 221) approved by the incumbent Governor “allowing those vying for governor, lieutenant governor and party leadership roles to create ‘leadership committees’ with no caps on individual campaign contributions.” The article notes that “Critics of the law have argued that it gives incumbent candidates an unfair advantage, as nonincumbent candidates must win a party primary before they can establish a leadership committee.”
- January 6 Analysis: Yale Insights opines in an article, “A Year Later, Most CEOs Are Keeping Their Post-Insurrection Promises,” that, based on FEC filings, Fortune 500 CEOs continue to withhold corporate contributions from “GOP election objectors… While a handful of companies… did renege [according to some recent stories], the remarkable consistency—rather than those exceptions—should be the headline.”
- Social Lobbying: The Washington Post reports about a study reported in the University of Chicago Press concerning “social lobbying.” The Post concludes that “interest groups are more likely to get what they ask for when they meet legislators or their staff socially. Much like everyone else, public officials are more easily persuaded in such settings.”
- Another Suit against the FEC: The Ohio Capital Journal describes the experience of a campaign watchdog (CREW) in filing a complaint with the Federal Election Commission, having the commission deadlock on the complaint, and subsequently suing the commission itself. “The case underscores the structural deficiencies and glacial pace of campaign finance enforcement.” The case has lingered so long that looking at it “is to step into a previous political lifetime. Their main focus early on? Former House Speaker John Boehner…”