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Public Officials and Social Media Posts: U.S. Supreme Court Provides Guidance on First Amendment Compliance

In its recent opinions in Linke v. Freed and O’Connor-Ratcliff v. Garnier, the U.S. Supreme Court considered if and when public officials violate the First Amendment rights of members of the public by blocking them from the...more

California Expands Pay to Play to Cover Local Elected Officials

Earlier this year California expanded its “pay-to-play” restrictions to members of local elected agencies, including city councils and boards of supervisors, and extended from three to 12 months the length of a ban on...more

Donors and Super PACs Beware: Reporting Sources of LLC Contributions Will Now Be Strictly Enforced

A federal Super PAC has an affirmative duty to verify whether a contribution from an LLC is attributable to individuals behind the entity, according to a Federal Election Commission (FEC) statement in a recently closed...more

New Guidance on Campaigns’ Use of NFTs Could Pave the Way for Use of Other Digital Assets in Politics

For the first time, California’s Fair Political Practices Commission (FPPC) has issued guidance addressing the use of digital assets for fundraising purposes by campaigns and PACs. As outlined in the In Re Leiderman Opinion,...more

New Year, New Congress, New Administration: Tips for Federal PAC & Lobbying Compliance in 2021

PACs and other politically active organizations have already seen a lot of activity in the first few weeks of 2021 – including an upcoming Presidential transition and runoff Senate elections in Georgia. Before we see what...more

Podcast: Digging Out of the 2020 Elections

Following a historic 2020 election, with record voter turnout and multiple controversies amid a global pandemic, Nossaman Government Relations & Regulation (GRR) Chair Fred Dombo spoke from Washington, DC with Nossaman GRR...more

Limits Raised on Political Contributions & Gifts to CA Officials & Candidates

On November 19, 2020, California’s Fair Political Practices Commission (FPPC) increased the dollar amounts allowed for contributions and gifts to California candidates and elected officials. The new limits will go into effect...more

Individuals Behind LLC Political Contributions to be Disclosed in California Elections

Limited Liability Companies (“LLCs”) that make political contributions or expenditures in California’s November 2020 general election are now subject to heightened disclosure. ...more

New IRS Rule Allows Many Nonprofits to Withhold Donor Information From the IRS

On May 26, 2020, the U.S. Treasury released Final Regulations on donor disclosure requirements that shield many nonprofits – except 501(c)(3) charities and 527 political organizations – from the requirement to disclose the...more

California’s April 1 Deadline to File Statements of Economic Interests Retroactively Extended to June 1, 2020

2019 Annual Statements of Economic Interests are now due June 1, 2020, rather than April 1st, according to a unanimous decision of the California Fair Political Practices Commission at a special meeting held April 2nd....more

California’s Campaign Watchdog Announces Guidelines for Campaign and Lobby Reporting During Stay-at-Home Orders

While state elections officials around the country are grappling with ways to ensure that voters can participate in elections with minimal disruption amidst the COVID-19 pandemic, campaign committees, lobbyists and lobbying...more

Supreme Court Decision Foretells Increased Donor Scrutiny in 2020 Federal Elections

More than seven years after the 2012 election, the identity of a $1.7 million donor may be publicly disclosed in the Federal Election Commission (“FEC”) records following the Supreme Court’s decision in Doe vs. FEC. ...more

Primary Election Postponements: Where Things Stand and What to Expect

The recent spread of the novel coronavirus (COVID-19) has taught us to all review our preparedness, which includes evaluating and adjusting the nation’s and individual state’s voting systems. ...more

Happy New Year: Tips for Federal PAC & Lobbying Compliance in the 2020 Election Year

Although it may feel like the 2020 presidential election year has already been here for months (or years), the calendar finally reads 2020. Before you get too busy with 2020, we wanted to share a few useful tips for your PAC...more

Federal Court Sets Aside Form 990 Schedule B Donor Disclosure Rule: How Will The IRS Respond?

On July 30, 2019, a federal district judge set aside the Internal Revenue Service’s Revenue Procedure 2018-38, a rule that had allowed 501(c)(4) social welfare organizations and other nonprofits to withhold donor information...more

Trump's Tweets: A Warning That Public Officials' Personal Social Media Posts Might Actually Be The Government's

A recent federal appeals court decision, Knight First Amendment Institute v. Trump, concluded that action taken by the President through the use of his personal, not just official White House, Twitter account was considered...more

California Moves Closer To Allowing Candidates To Use Campaign Funds On Childcare Expenses

On Tuesday, July 2nd, the California Senate Elections and Constitutional Amendments Committee passed Assembly Bill 220 (AB 220, Rob Bonta, D - Oakland). AB 220 authorizes candidates to use campaign funds for childcare...more

The End Of "Dark Money" In Federal Races?

Late last week, U.S. District Court judge Beryl Howell struck down a Federal Election Commission (FEC) regulation that allowed certain non-profit organizations to engage in independent expenditure activities for the purpose...more

As IRS Eases Reporting Burden, States Including Montana & Maine Focus On "Dark Money" Reforms

At the same time that the IRS is making it easier for nonprofits to shield their donors from inadvertent disclosure, states continue to adopt new laws designed to shed light on who is funding politically active nonprofits. ...more

CA State Campaign Ads To Require Greater Disclosure of Funding; Cities & Counties Could Go Deeper

The California DISCLOSE Act (Assembly Bill 249), was signed into law on October 7, 2017. It overhauls portions of California’s Political Reform Act (“PRA”) that require disclosure of certain campaign finance activity and...more

Local Ballot Measures: Continuing Legal and Political Points of Division

A recent swell of local ballot measures throughout the State and the controversy and case law that has resulted serve to remind the Elections Law/Land use lawyer that more than a little caution is warranted, as the web of...more

California's Campaign Finance Agency, the Fair Political Practices Commission, Announces 2017/2018 Gift and Contribution Limits

The California Fair Political Practices Commission, charged with implementing the state’s campaign finance law, recently announced new gift and contribution limits for the 2017 – 2018 cycle. The agency is required to adjust...more

Spotlight on Lobbyist Employers: New California Reporting Requirements Begin October 2016

Continuing its efforts to increase transparency in the political process in California, the Fair Political Practices Commission (FPPC) adopted a new regulation in early 2016 that is aimed at shedding light on “shadow...more

New Limit & Requirement on 501(c)(4) "Social Welfare" Organizations

The Internal Revenue Service (IRS) recently released two position papers that affect new, and some existing, social welfare organizations described in section 501(c)(4) of the Internal Revenue Code (Code). Last month the IRS...more

New Presumptions of Coordination in CA Political Communications/Independent Expenditures

The California Fair Political Practices Commission (“FPPC”) has overhauled its regulations that define when an independent expenditure will be deemed to have been coordinated with a candidate or ballot measure committee. ...more

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