Campaign Legal Center

Last updated

Campaign Legal Center
FoundedJanuary 2002 (2002-01)
Founder Trevor Potter
Type501(c)(3)
Location
  • Washington, D.C.
Area served
United States
Key people
Paul M. Smith, Vice President, Litigation & Strategy
Website CampaignLegal.org

Campaign Legal Center (CLC) is a nonprofit 501(c)(3) government watchdog group in the United States. CLC supports strong enforcement of United States campaign finance laws. [1] Trevor Potter, former Republican chairman of the Federal Election Commission, is CLC's founding president.

Contents

Activities

2004–10

In 2004, it was a party to complaints filed with the Federal Election Commission (FEC) against groups like the Swift Boat Veterans for Truth and America Coming Together, for trying to directly influence federal elections. [2] [3]

In 2006, CLC testified before Congress in support of reauthorizing the Voting Rights Act (VRA). [4]

CLC was critical of former vice-presidential candidate John Edwards's use of charity organizations which he had founded, complaining they were being used chiefly to keep himself in the public eye in preparation for a possible 2008 presidential run. [5]

The group filed an amicus brief in the 2007 landmark Supreme Court case Citizens United v. Federal Election Commission , unsuccessfully urging the Court not to strike down a provision of McCain-Feingold which prevented unlimited political contributions to organizations not directly affiliated with Federal candidates. [6] The following year it again filed a brief with the Court over a rule in the 2002 Bipartisan Campaign Reform Act that raised contribution limits when candidates faced a self-funding opponent; the group favored the rule, which was struck down by the Court. [7]

In 2010, CLC joined with another watchdog group, Democracy 21, in asking the Internal Revenue Service to investigate a tax exempt social welfare group run by Karl Rove. [8]

2011–20

The group filed an amicus brief in 2011 on behalf of eight public interest groups in support of challenged provisions of Arizona's clean election law, the Citizens Clean Elections Act . After the Court struck down the provisions, [9] a spokesperson for the group declared that the decision undermines "the integrity of our elections." [10] Later that year, CLC highlighted concerns before the FEC that Stephen Colbert's satirical Super PAC, Americans for a Better Tomorrow, Tomorrow, had serious imitators exploiting the regulations on politicians with television contracts. The organization's President, Trevor Potter, served as Colbert's lawyer in establishing the PAC. [11] In August, it asked the U.S. Justice Department to probe the behavior of W Spann LLC. [12]

The group advocated for more legal restrictions on campaign giving and lobbying during the 2012 presidential primaries. [13] [14] [15] [16] [17] [18]

CLC attorneys represented [19] Wisconsin voters in the 2017 Supreme Court case Gill v. Whitford . CLC’s Paul Smith argued the case [20] before the Court on October 3, 2017.

On October 30, 2017, the CLC released a fact-check explaining the legality of the Clinton campaign's financing of the Steele dossier and compared it to the illegality of the Trump campaign's acceptance of the offer of help from the Russian government at the 2016 Trump Tower meeting. [21] Philip Bump, columnist for The Washington Post, explained why, [22] because of the legal difference between an "expenditure" by a campaign and a "contribution" to a campaign, the Clinton campaign's action did not run afoul of Federal Election Commission laws (52 U.S. Code § 30121) forbidding foreign nationals from contributing to or aiding political campaigns, and that applies to any form of aid, not just cash donations. [22] The dossier (prepared by a British citizen indirectly hired by the Clinton campaign and DNC) and the 2016 Trump Tower meeting (involving a direct offer of aid by the Russian government to the Trump campaign) are frequently contrasted and conflated in this regard. [22]

In 2018, CLC launched a website for citizens with felony convictions to explain their voting rights in all 50 states. [23] That same year, CLC filed several complaints with the FEC alleging illegal coordination between the Trump campaign and the National Rifle Association. [24] [25] CLC’s Potter also appeared on Face the Nation [26] and 60 Minutes [27] in 2018 to discuss President Trump’s potential campaign finance violations related to the hush money paid by Michael Cohen to Stormy Daniels. Prior to the 2018 election, CLC attorneys represented Native American voters in a case challenging North Dakota’s voter ID law. [28]

During the 2020 elections, CLC worked on voting issues in states across the U.S. amid the COVID-19 pandemic. It sued the states of Pennsylvania, [29] New York, [30] New Jersey, [31] Rhode Island, [32] and North Dakota [33] over signature match rules that prevented voters with disabilities, racial minority voters, and voters who were non-Native English speakers from having their votes count at disproportionately high rates. [34] Campaign Legal Center is a partner of VoteRiders. [35]

In late July 2020, CLC filed an 81-page complaint with the FEC against the Trump re-election campaign, alleging that it used pass-through entities to conceal almost $170 million of campaign spending from the FEC. [36] [37] [38]

2021–present

In 2021, CLC sued the FEC for refusing to launch an investigation into Donald Trump's presidential campaign over allegations that it coordinated with a super PAC. [39] CLC also filed a complaint with the FEC over the manner in which Ted Cruz's staff promoted his book One Vote Away: How a Single Supreme Court Vote Can Change History. [40]

CLC supported the For the People Act. [41] [42] It was intended to expand voting rights, change campaign finance laws to reduce the influence of money in politics, ban partisan gerrymandering, and create new ethics rules for federal officeholders.

In October 2022, Trump's Save America PAC transferred $20 million to Trump’s new MAGA Inc. Super PAC. [43] In November 2022, the CLC filed a complaint with the FEC, alleging that the transfer was inappropriate inasmuch as Trump was already a presidential candidate when he made the transfer. [44]

Related Research Articles

In the United States, a political action committee (PAC) is a tax-exempt 527 organization that pools campaign contributions from members and donates those funds to campaigns for or against candidates, ballot initiatives, or legislation. The legal term PAC was created in pursuit of campaign finance reform in the United States. Democracies of other countries use different terms for the units of campaign spending or spending on political competition. At the U.S. federal level, an organization becomes a PAC when it receives or spends more than $1,000 for the purpose of influencing a federal election, and registers with the Federal Election Commission (FEC), according to the Federal Election Campaign Act as amended by the Bipartisan Campaign Reform Act of 2002. At the state level, an organization becomes a PAC according to the state's election laws.

<span class="mw-page-title-main">Federal Election Commission</span> United States independent regulatory agency that regulates federal elections

The Federal Election Commission (FEC) is an independent agency of the United States government whose purpose is to enforce campaign finance law in United States federal elections. Created in 1974 through amendments to the Federal Election Campaign Act, the commission describes its duties as "to disclose campaign finance information, to enforce the provisions of the law such as the limits and prohibitions on contributions, and to oversee the public funding of Presidential elections."

<span class="mw-page-title-main">Bipartisan Campaign Reform Act</span> 2002 American law regulating political campaigns

The Bipartisan Campaign Reform Act of 2002, commonly known as the McCain–Feingold Act or BCRA, is a United States federal law that amended the Federal Election Campaign Act of 1971, which regulates the financing of political campaigns. Its chief sponsors were senators Russ Feingold (D-WI) and John McCain (R-AZ). The law became effective on 6 November 2002, and the new legal limits became effective on January 1, 2003.

A 527 organization or 527 group is a type of U.S. tax-exempt organization organized under Section 527 of the U.S. Internal Revenue Code. A 527 group is created primarily to influence the selection, nomination, election, appointment or defeat of candidates to federal, state or local public office.

Common Cause is a watchdog group based in Washington, D.C., with chapters in 35 states. It was founded in 1970 by John W. Gardner, a Republican, who was the Secretary of Health, Education, and Welfare in the administration of President Lyndon Johnson as well as chair of the National Urban Coalition, an advocacy group for minorities and the working poor in urban areas. In its early days, Common Cause focused its efforts on ending the Vietnam War and lowering the voting age from 21 to 18.

Citizens for Responsibility and Ethics in Washington (CREW) is a nonprofit 501(c)(3) U.S. government ethics and accountability watchdog organization. Founded in 2003 as a counterweight to conservative government watchdog groups such as Judicial Watch, CREW works to expose ethics violations and corruption by government officials and institutions and to reduce the role of money in politics.

<span class="mw-page-title-main">Campaign finance in the United States</span> Contributions to American election campaign funds

The financing of electoral campaigns in the United States happens at the federal, state, and local levels by contributions from individuals, corporations, political action committees, and sometimes the government. Campaign spending has risen steadily at least since 1990.

<span class="mw-page-title-main">Ellen Weintraub</span> Member of the United States Federal Election Commission

Ellen L. Weintraub is an American attorney who serves as a Commissioner on the Federal Election Commission.

James Bopp Jr. is an American conservative lawyer. He is most known for his work associated with election laws, anti-abortion model legislation, and campaign finance.

Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), is a landmark decision of the Supreme Court of the United States regarding campaign finance laws and free speech under the First Amendment to the U.S. Constitution. The court held 5–4 that the freedom of speech clause of the First Amendment prohibits the government from restricting independent expenditures for political campaigns by corporations, including nonprofit corporations, labor unions, and other associations.

<span class="mw-page-title-main">American Crossroads</span>

American Crossroads is a US Super PAC that raises funds from donors to advocate for certain candidates of the Republican Party. It has pioneered many of the new methods of fundraising opened up by the Supreme Court's ruling in Citizens United. Its president is Steven J. Law, a former United States Deputy Secretary of Labor for President George W. Bush and the Chairman of the Board of Directors is former Republican National Committee chairman Mike Duncan. Advisers to the group include Senior Advisor and former White House Deputy Chief of Staff Karl Rove and former Mississippi Governor Haley Barbour.

<span class="mw-page-title-main">Colbert Super PAC</span> American satirical political action committee

Americans for a Better Tomorrow, Tomorrow was a United States political action committee (PAC) established by Stephen Colbert, who portrayed a character of the same name who was a mock-conservative political pundit on Comedy Central's satirical television series The Colbert Report. As a super PAC the organization could raise unlimited sums of money from corporations, unions and other groups, as well as wealthy individuals. Speaking in character, Colbert said the money would be raised not only for political ads, but also "normal administrative expenses, including but not limited to, luxury hotel stays, private jet travel, and PAC mementos from Saks Fifth Avenue and Neiman Marcus."

<span class="mw-page-title-main">Dark money</span> Undisclosed American political contributions

In politics, particularly the politics of the United States, dark money refers to spending to influence elections, public policy, and political discourse, where the source of the money is not disclosed to the public.

Fundraising plays a central role in many presidential campaigns, and is a key factor in determining the viability of candidates. Money raised is applied for the salaries of non-volunteers in the campaign, transportation, campaign materials, media advertisements and other contingencies. Under United States law, officially declared candidates are required to file campaign finance details with the Federal Elections Commission (FEC) at the end of every calendar month or quarter. Summaries of these reports are made available to the public shortly thereafter, revealing the relative financial situations of all the campaigns.

FEC v. Massachusetts Citizens for Life was a lawsuit filed by the US Federal Election Commission.

<span class="mw-page-title-main">Committee to Defeat the President</span>

The Committee to Defeat the President was first established as the hybrid Stop Hillary PAC in 2013. The PAC changed its name to the Committee to Defend the President in 2017. Ted Harvey, a former Colorado state senator, chairs the committee.

Equal Citizens is an American non-profit, non-partisan group that is "dedicated to reforms that will achieve citizen equality". It was founded in late 2016 by Harvard Law professor Lawrence Lessig to continue the effort to bring about the set of reforms he proposed during his 2016 presidential campaign. Notably, as its inaugural campaign, the group launched "Electors Trust" immediately after the 2016 general election. They did this to provide free and strictly confidential legal support to any elector who wished to vote their conscience. Working together with several other groups, such as the Hamilton Electors and celebrities, the campaign resulted in the largest number of "faithless" electoral votes ever cast in a single presidential election.

The Public Interest Legal Foundation (PILF) is an American conservative legal group based in Alexandria, Virginia, which is known for suing states and local governments to purge voters from election rolls. The nonprofit was constituted in 2012.

Red-boxing is a tactic used by American political candidates to coordinate with their political action committees (PACs) in a way that circumvents campaign finance laws. Political campaigns place statements or requests on public campaign websites which are then used by PACs to support the candidate. The name for the practice comes from the red-colored box that often surrounds the instructions for PACs on campaign websites. It is used by both major American parties, but was noted for its use by Democratic candidates in primary elections in 2022.

MAGA Inc. or "Make America Great Again Inc." is an American Super PAC that supports former US president Donald Trump. As a Super PAC it can raise unlimited money for campaigns and spend it freely to support Trump or attack his rivals, but it is barred from coordinating directly with presidential campaigns.

References

  1. Cressman, Derek (2007). The Recall's Broken Promise: How Big Money Still Runs California Politics . The Poplar Institute. p.  231. ISBN   9780978640507.
  2. Schmidt, Steffen W.; Mack C. Shelley; Barbara A. Bardes; Lynne E. Ford (2011). American Government and Politics Today 2011–2012 Edition. Cengage Learning. p. 354.
  3. York, Byron (2006). The Vast Left Wing Conspiracy: The Untold Story of the Democrats' Desperate Fight to Reclaim Power. Random House. p. 92.
  4. "The Voting Rights Amendment Act, S. 1945: Updating the Voting Rights Act in Response to Shelby County v. Holder". www.govinfo.gov. Retrieved June 24, 2019.
  5. Wayne, Leslie (June 22, 2007). "In Aiding Poor, Edwards Built Bridge to 2008". New York Times. Retrieved December 6, 2012.
  6. Roche, Lisa Riley (June 26, 2007). "Justices ease limits on campaign ads". Deseret Morning News. Retrieved December 6, 2012.
  7. Gerstein, Josh (April 22, 2008). "9 Will Hear Campaign-Finance Case". New York Sun. Retrieved December 6, 2012.
  8. Paulson, Amanda (October 5, 2010). "Karl Rove group spends big in Election 2010, but is it legal? GOP strategist Karl Rove is sending big money to Republicans in close Election 2010 races. But two campaign watchdogs are asking the IRS to investigate his tax-exempt 'social welfare' group". Christian Science Monitor. Retrieved December 6, 2012.
  9. Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett
  10. Karmasek, Jessica M. (June 27, 2011). "U.S. SC rules against public financing program". Legal Newline. Archived from the original on September 3, 2011. Retrieved December 6, 2012.
  11. Geiger, Kim; Melanie Mason (June 30, 2011). "Stephen Colbert makes case before FEC for 'Colbert Super PAC'". Los Angeles Times. Retrieved December 6, 2012.
  12. Isikoff, Michael (August 5, 2011). "Justice asked to probe mystery donation to pro-Romney group: Reform groups say $1 million from firm that soon dissolved itself could violate law". NBC. Retrieved December 6, 2012.
  13. Mooney, Brian C. (January 26, 2012). "In Fla., donations to Gingrich erase Romney's edge". The Boston Globe. Archived from the original on January 18, 2013. Retrieved December 6, 2012.
  14. Palmer, Anna; Dave Levinthal (January 25, 2012). "FEC reform petition lags; sponsor blames W.H." Politico. Retrieved December 6, 2012.
  15. Newmyer, Tory (January 25, 2012). "Who's backing the GOP candidates? Super PACs are spending super sums to finance their Republican favorites. Good luck tracking down the source of those funds". Fortune/CNN. Retrieved December 6, 2012.
  16. Snyder, Jim (January 25, 2012). "TransCanada Lobbying Tops $1.3 Million as It Pushes Keystone". Bloomberg News. Retrieved December 6, 2012.
  17. Negrin, Matt (January 24, 2012). "Newt Gingrich: The Lobbyist Who Wasn't". ABC News. Retrieved December 6, 2012.
  18. Evans, Will (January 24, 2012). "Hollywood money flows to Calif. politicians who support anti-piracy bills". Los Angeles News. Archived from the original on August 27, 2012. Retrieved October 11, 2012.
  19. Bazelon, Emily (August 29, 2017). "The New Front in the Gerrymandering Wars: Democracy vs. Math". The New York Times.
  20. "Gill v. Whitford". SCOTUSblog.com. Retrieved June 11, 2019.
  21. "Fact Check: Sarah Sanders Inaccurately States Law Regarding Campaigns' Ability to Finance Opposition Research". Campaign Legal Center . October 30, 2017. Retrieved November 12, 2023.
  22. 1 2 3 Bump, Philip (August 6, 2018). "Why the Trump Tower meeting may have violated the law—and the Steele dossier likely didn't". The Washington Post . Retrieved August 4, 2020.
  23. Pitner, Barrett Holmes (August 12, 2018). "Millions of Felons Are Getting Their Votes Back. Now They're Learning To Cast Them". The Daily Beast. Retrieved June 11, 2019.
  24. Mascia, Jennifer. "Watchdog Groups File FEC Complaint Over NRA Coordination With Trump Campaign". The Trace. The Trace. Retrieved June 11, 2019.
  25. Fredreka Schouten (April 24, 2019). "Group sues Federal Election Commission over allegation NRA broke campaign-finance law". CNN. Retrieved June 18, 2019.
  26. Margaret, Brennan. "Watch Face The Nation: Face The Nation: Lanny Davis, Trevor Potter, Kelsey Snell – Full show on CBS All Access". CBS. CBS News. Retrieved June 11, 2019.
  27. Anderson, Cooper. "Stormy Daniels describes her alleged affair with Donald Trump". CBS. CBS News. Retrieved June 11, 2019.
  28. Astor, Maggie (November 1, 2018). "North Dakota Voter ID Law Stands After Last-Ditch Lawsuit". The New York Times. Retrieved June 11, 2019.
  29. "Pennsylvania Sued over Signature-Matching Ballot Procedures".
  30. "Deal ensures fewer absentee ballots will get tossed in New York". September 17, 2020.
  31. "New Jersey Sued to Force Overhaul of Mail-In Voting Rules".
  32. "R.I. Voter-rights groups challenge witness requirements for mail ballots".
  33. "Grand Forks woman listed as plaintiff in North Dakota voting lawsuit". May 6, 2020.
  34. "Have a Problem with Your Mail-In Ballot? Advocates Are Pushing States to Let You Correct It".
  35. VoteRiders Partner Organizations
  36. Date, S. V. (July 28, 2020). "Complaint: Trump Making Illegal Secret Payments, Including To His Own Family". HuffPost. Retrieved July 30, 2020.
  37. Nam, Rafael (July 28, 2020). "Watchdog alleges Trump campaign illegally concealed $170 million in spending". TheHill. Retrieved July 30, 2020.
  38. "Watchdog accuses Trump campaign of illegally masking millions in spending". www.cbsnews.com. Retrieved July 30, 2020.
  39. Papenfuss, Mary (June 22, 2021). "Watchdog Group Sues FEC For Dropping Trump Campaign Investigation". HuffPost. Retrieved June 30, 2021.
  40. Farhi, Paul (April 16, 2021). "The GOP's big bulk book-buying machine is boosting Republicans on the bestseller lists". Washington Post. Retrieved June 30, 2021.
  41. Sherman, Amy (June 25, 2021). "PolitiFact – Republicans mislead in welfare attack on Raphael Warnock". @politifact. Retrieved June 30, 2021.
  42. Forgey, Quint; Montellaro, Zach (June 17, 2021). "Abrams: I would 'absolutely' back Manchin's voting rights compromise". Politico. Retrieved June 30, 2021.
  43. Alex Leary (October 31, 2022). "Trump Transfers $20 Million From Save America PAC to MAGA PAC". The Wall Street Journal.
  44. Perkins, Tom (January 3, 2023). "Trump seems to have a large war chest – but is he struggling to raise money?". The Guardian.