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
3/25/2024
/ California ,
Censorship ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Government Officials ,
Lindke v Freed ,
O’Connor-Ratcliff v Garnier ,
Online Commentary ,
SCOTUS ,
Social Media
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
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
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
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
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
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
Limited Liability Companies (“LLCs”) that make political contributions or expenditures in California’s November 2020 general election are now subject to heightened disclosure. ...more
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
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
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
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
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
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
1/16/2020
/ Campaign Contributions ,
Contribution Limits ,
Disclosure Requirements ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Election Commission (FEC) ,
Federal Elections ,
Lobbying ,
Lobbyists ,
PACs ,
Political Campaigns ,
Presidential Elections ,
Reporting Requirements ,
Risk Mitigation
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
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
7/29/2019
/ Data Blocking ,
Donald Trump ,
Embedded Tweets ,
First Amendment ,
Free Speech ,
Online Platforms ,
Political Speech ,
Public Employees ,
Public Forum ,
Public Officials ,
Risk Management ,
Social Media ,
Twitter
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
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
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
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
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
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
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
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
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
10/23/2015
/ Amended Regulation ,
Ballot Measures ,
Campaign Contributions ,
Contribution Limits ,
Disclaimers ,
Fair Political Practices Commission (FPPC) ,
Fund-raising ,
Governor Brown ,
Independent Expenditures ,
New Legislation ,
Political Campaigns ,
Political Candidates ,
Safe Harbors