A Lookback at the Federal Election Commission in 2024 by: Matt Petersen -
Now that the presidential election has concluded and 2024 is drawing to a close, it is worth looking back at one of the most consequential years for...more
12/19/2024
/ Artificial Intelligence ,
Beneficial Owner ,
Campaign Finance Reform ,
Compliance ,
Corporate Transparency Act ,
Enforcement ,
Ethics ,
Federal Election Commission (FEC) ,
Fundraisers ,
Lobbying ,
New Guidance ,
Notice Requirements ,
PACs ,
Payroll Deductions ,
Petition for Writ of Certiorari ,
Political Campaigns ,
Preliminary Injunctions ,
Presidential Elections ,
Reporting Requirements ,
SCOTUS ,
Unions
In the November 2024 In-Compliance Round-Up, we cover the following: William J. McGinley, Partner at Holtzman Vogel, to Serve as Next White House Counsel -
Jessica Furst Johnson: Pennsylvania Senator Bob Casey wants to...more
11/27/2024
/ Ballots ,
Biden Administration ,
Compliance ,
Corruption ,
Disciplinary Proceedings ,
Donations ,
Equal Protection ,
FCC ,
General Elections ,
Hatch Act ,
Kamala Harris ,
Notice of Appeal ,
PA Supreme Court ,
PACs ,
Political Contributions ,
Proposed Amendments ,
Recount Committees ,
Redistricting ,
Saturday Night Live (SNL) ,
Social Media ,
Trump Administration ,
Voting Rights Act
FEC UPDATE -
FEC Declines to Impose New Restriction on Joint Fundraising Committee Television Solicitations -
On October 10, the FEC considered whether joint fundraising committees may distribute television...more
10/31/2024
/ Ballot Measures ,
Beneficial Owner ,
Cooperative Compliance Regime ,
Federal Election Commission (FEC) ,
FinCEN ,
Political Advertising ,
Political Campaigns ,
Political Contributions ,
Presidential Elections ,
Regulatory Requirements ,
Solicitation ,
State Elections
Under new rules that went into effect in 2024, certain business entities are now required to file Beneficial Ownership Information (“BOI”) Reports with the Financial Crimes Enforcement Network (“FinCEN”) of the U.S....more
10/30/2024
/ 501(c)(3) ,
501(c)(4) ,
501(c)(6) ,
Anti-Money Laundering ,
Beneficial Owner ,
Corporate Transparency Act ,
Financial Crimes ,
FinCEN ,
National Security ,
PACs ,
Popular ,
Regulatory Requirements ,
Reporting Requirements ,
SuperPACs ,
Tax Exemptions
Today, the Federal Election Commission (“FEC”) considered three advisory opinion requests that will have a tremendous impact on fundraising efforts, election advertisements, and the use of campaign funds to pay for childcare...more
FEC Advisory Opinion Approves Federal Candidate Request to Add Super PAC to Joint Fundraising Committee -
In Advisory Opinion 2024-07, the FEC approved a request made by Team Graham, the principal campaign committee of...more
9/30/2024
/ 501(c)(3) ,
Advisory Opinions ,
Artificial Intelligence ,
Campaign Contributions ,
Campaign Spending Limits ,
Compliance ,
Deep Fake ,
False Statements ,
Federal Election Commission (FEC) ,
Forgery ,
Fundraisers ,
IRS ,
Misrepresentation ,
Nonprofits ,
PACs ,
Political Advertising ,
Religious Institutions ,
Rulemaking Process ,
SCOTUS
In Advisory Opinion 2024-07, the FEC approved a request made by Team Graham, the principal campaign committee of Senator Lindsey Graham, to add a Super PAC to an existing joint fundraising committee named Graham Majority...more
Eighth Circuit Invalidates Missouri's Two-Year Lobbying Ban for Former Legislators and Staffers -
The Eighth Circuit Court of Appeals invalidated a Missouri state constitutional amendment that imposed a two-year lobbying...more
8/28/2024
/ Administrative Proceedings ,
Artificial Intelligence ,
Cease and Desist Orders ,
Compliance ,
Constitutional Amendment ,
Ethics ,
Executive Orders ,
Federal Election Commission (FEC) ,
Federal Trade Commission (FTC) ,
Fines ,
Free Speech ,
FTC Act ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Lobbying ,
New Regulations ,
NLRB ,
Non-Compete Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Pay-To-Play ,
Preliminary Injunctions ,
Presidential Elections ,
Securities and Exchange Commission (SEC) ,
State Bans ,
Texas ,
UAW ,
Unfair Labor Practices ,
Voting Rights
Holtzman Vogel attorneys wrote on the Supreme Court's landmark Loper Bright decision earlier this month. The Court overruled its 1984 decision in Chevron v. NRDC that introduced the so-called "Chevron deference" principle...more
8/2/2024
/ Absentee Voting ,
Administrative Procedure Act ,
Advisory Opinions ,
Artificial Intelligence ,
Beneficial Owner ,
Chevron Deference ,
Chevron v NRDC ,
Compliance ,
Disclosure Requirements ,
FCC ,
Federal Election Commission (FEC) ,
FinCEN ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Misappropriation ,
Non-Compete Agreements ,
PACs ,
Political Contributions ,
Preliminary Injunctions ,
Proposed Rules ,
Public Disclosure ,
Rulemaking Process ,
SCOTUS ,
Statutory Interpretation ,
Summary Judgment
In this month's In Compliance Round-Up, we cover the following topics:
Supreme Court Holds Federal Anti-Corruption Law Prohibits State and Local Officials from Accepting Bribes, But Not Gratuities -
Ethics Guidance Issued...more
7/2/2024
/ Anti-Corruption ,
Artificial Intelligence ,
Bribery ,
Compliance ,
Disclosure Requirements ,
Electronic Voting Machines ,
Ethics ,
FCC ,
Federal Election Commission (FEC) ,
Global Code of Ethics ,
Influencers ,
Louisiana ,
New Guidance ,
New Rules ,
Political Advertising ,
Presidential Nominations ,
SCOTUS ,
Texas ,
Vermont
At the FEC’s May 1 open meeting, the Commission voted 4-1 to approve an advisory opinion requested by Nevadans for Reproductive Freedom (“NFRF”) that authorizes federal candidates and officeholders to solicit unlimited funds,...more
5/30/2024
/ Advisory Opinions ,
Artificial Intelligence ,
Campaign Finance Reform ,
Compliance ,
Deceptive Intent ,
Deep Fake ,
FCC ,
Federal Election Commission (FEC) ,
Political Advertising ,
Political Candidates ,
Political Contributions ,
Public Disclosure ,
Transparency
At the FEC’s May 1 open meeting, the Commission voted 4-1 to approve a draft advisory opinion requested by Nevadans for Reproductive Freedom (“NFRF”) that authorizes federal candidates and officeholders to solicit unlimited...more
On April 23, the Federal Trade Commission voted 3-2 to adopt a final rule banning noncompete agreements. The FTC defines a "non-compete clause" broadly as a term or condition of employment that prohibits a worker from, or...more
4/30/2024
/ Arizona ,
Campaign Finance Reform ,
Campaign Funds ,
Compliance ,
Corporate Executives ,
Criminal Penalties ,
Employment Contract ,
Enforcement ,
Ethics ,
False Statements ,
Federal Bans ,
Federal Election Campaign Act ,
Federal Election Commission (FEC) ,
Federal Trade Commission (FTC) ,
Felonies ,
Final Rules ,
Foreign Agents ,
GAO ,
Lobbying ,
Lobbying Disclosure Act ,
New Legislation ,
Non-Compete Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Personal Use ,
Restrictive Covenants ,
Sarbanes-Oxley
On March 15, 2024, the Supreme Court issued a unanimous opinion in Lindke v. Freed and a per curiam opinion in O’Connor-Ratcliff v. Garnier addressing when a public official may prevent a person from commenting on the public...more
3/28/2024
/ Artificial Intelligence ,
Beneficial Owner ,
Business Entities ,
Campaign Contributions ,
Compliance ,
Corporate Transparency Act ,
Deep Fake ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Election Commission (FEC) ,
Lindke v Freed ,
New Regulations ,
NSBA ,
O’Connor-Ratcliff v Garnier ,
PACs ,
Political Campaigns ,
Reporting Requirements ,
SCOTUS ,
Social Media ,
Unconstitutional Condition
The FCC issued a Declaratory Ruling on February 8 to ensure that telephone calls that use artificial intelligence (AI) to generate or mimic human voices are treated as “robocalls” for purposes of the Telephone Consumer...more
3/1/2024
/ Advertising ,
Artificial Intelligence ,
Compliance ,
Declaratory Rulings ,
Deep Fake ,
Democratic National Committee ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Infectious Diseases ,
New Legislation ,
Notice of Inquiry ,
Political Campaigns ,
Political Contributions ,
Presidential Nominations ,
Recount Committees ,
Robocalling ,
Rulemaking Process ,
Social Media ,
TCPA ,
Telemarketing ,
Transparency ,
Voting Rights ,
Wisconsin
On January 11, the FEC approved an advisory opinion allowing a federal candidate or officeholder to establish a state leadership PAC (S-LPACs) that will engage solely in state and local (i.e., nonfederal) elections and ballot...more
On Monday, the United States Court of Appeals for the Eighth Circuit held that Section 2 of the Voting Rights Act lacks a private right of action. The court affirmed an Arkansas federal district court’s holding that only the...more
Artificial intelligence (AI) technologies are in the news as they rapidly become more widespread, and political campaigns are no less impacted by this trend. As we noted earlier this month, the American Association of...more
In a recent FEC ruling regarding whether Congressman Lou Barletta’s leadership PAC (LOU PAC) made unlawful rent payments to his wife, the FEC commissioners explicitly articulated that leadership PACs (“LPACs”)— are entirely...more
The lead up to the 2022 election cycle was a very active two years, coming off of a very divisive 2020 election which included pandemic-related election changes and election deniers. Our guests, Jessica Furst Johnson and...more
On December 1, the Federal Election Commission (FEC) approved new regulations that expand the agency’s internet disclaimer requirements. The regulations will become effective 30 days after they are published in final form,...more
12/20/2022
/ Disclaimers ,
Election Laws ,
Federal Election Commission (FEC) ,
Internet ,
New Guidance ,
Online Advertisements ,
Political Advertising ,
Political Campaigns ,
Political Candidates ,
Regulatory Requirements ,
Websites