Campaign Finance Updates and News

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Ohio Group Files Federal Lawsuit Asking Court to Overturn Ohio's Electioneering Communication Law
May 2008
The Ohio Right to Life Society has filed suit in the U.S. District Court for the Southern District, Eastern Division, asking a federal judge to strike down Ohio's electioneering communication that which bars the group from airing ads that mention a candidate's name within 30 days of the November 4 election. The suit alleges that Ohio's law is unconstitutional as it is a government restriction that inhibits free speech rights prior to Election Day.

The suit was also filed against the Ohio Elections Commission and Ohio Secretary of State Jennifer Brunner asking the U.S. District Court to prohibit them from enforcing this state statute.

Political Action Committee Appeals $5.2 Million Penalty
May 2008
An appeal has been filed challenging the Ohio Elections Commission record fine against two political action committees for violations of Ohio campaign finance limits.

IRS Continues Program on Political Campaign Activity By Charities
April 2008
The IRS announced recently that its Political Activities Compliance Initiative (PACI) will be in effect for the 2008 election season. The PACI program seeks to educate 501(c)(3) organizations about the federal law concerning political campaign activity. By law, 501(c)(3) organizations may not participate in or intervene in (including the publishing or distributing of statements) any political campaign on behalf of (or in opposition to) any candidate for public office. The organizations can engage in advocating for or against issues and, to a limited extent, ballot initiatives or other legislative activities. The IRS is making extensive efforts to educate 501(c)(3) organizations, political parties and candidates, posting on its website a “program letter” to its Exempt Organizations employees, explaining the PACI objectives for 2008 and emphasizing its priority both to educate the public and tax-exempt community about the law pertaining to political campaign intervention and to maintain a meaningful enforcement presence in this area.

Ohio Secretary of State Gives David Brennan 21 days to Respond Campaign Contributions Information Request
April 2008
On April 10, the Ohio Secretary of State asked David Brennan, the state's top charter school operator, to provide additional information related to campaign contributions given to certain Ohio candidates. Brennan has 21 days to respond before Secretary of State Jennifer Brunner decides whether to file a complaint with the Ohio Elections Commission. The focus of the inquiry is whether Brennan violated Ohio's campaign contribution limitations by making personal contributions to certain Ohio candidates in addition to making personal contributions to certain PACs, which in turn made contributions to those same Ohio candidates.

Ohio Elections Commission Increases Penalties for Failure to File Campaign Finance Reports
October 2007
The Ohio Elections Commission recently voted to increase fines and penalties for candidate and political action committees that violate Ohio's campaign finance filing laws.

IRS Revenue Ruling Reminds Charities of Prohibition on Election Activity
October 2007
Bulletin on IRS revenue ruling reminding 501(c)(3) organizations of the prohibition on partisan activity by charitable organizations

U.S. Supreme Court Upholds "Issue Advocacy" Campaign Advertising
June 2007
The U.S. Supreme Court has issued its long-awaited ruling in the F.E.C. v. Wisconsin Right to Life campaign finance litigation. The Court’s 5-4 decision upholds the airing of “electioneering communications” by independent, grassroots organizations 30 days prior to federal primaries and within 60 days of general elections.

Internal Controls for Political Committee Treasurers
May 2007
Bulletin on the issuance by the Federal Elections Committee of two Statements of Policy to federal political committees establishing internal controls and suggesting self-reporting mechanisms when errors are found.

Ohio Election Law and Campaign Finance Update
May 2007
Spring 2007 update of Ohio voter identification requirements and of late 2006 changes in Ohio campaign finance laws.

Elections Commissions Step Up Enforcement of 527s
February 2007
Both the Ohio Elections Commission and the Federal Elections Commission are taking steps to regulate 527 organizations engaging in political messaging.

Federal Elections Commission Announces Updated Contribution Limits
On January 23, 2007, the Federal Elections Commission announced revised contribution limits which have been indexed for inflation. New limits are effective for 2007-2008 federal elections and can be found at on the FEC website.

Supreme Court to Revisit Campaign Finance Law and Restrictions on Independent Expenditures
On January 19, 2007, the United States Supreme Court agreed to hear a landmark case involving the intersection between First Amendment rights and campaign finance restrictions.