[EL] Geographic etc. scope: "Corporations Must Disclose Independent Expenditures in Maryland"

Tue May 24 13:12:58 PDT 2011

The new Maryland law applies to any entity or person at all, inside or outside of Maryland, other than a Maryland political committee ("campaign finance entity") that makes an independent expenditure expressly advocating the success or defeat of a clearly identified Maryland candidate (or ballot issue).  So it definitely applies to corporations organized under the laws of any state, not just Maryland.

As to your second question,  the campaign finance laws of virtually every state already apply in various ways to  expenditures originating outside the state for communications talking place within the state and referencing candidates for state and/or local office-- that's nothing unusual or new at all.

Joseph E. Sandler
Sandler, Reiff, Young & Lamb, P.C.
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From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Scarberry, Mark
Sent: Tuesday, May 24, 2011 3:28 PM
To: law-election at uci.edu
Subject: [EL] Geographic etc. scope: "Corporations Must Disclose Independent Expenditures in Maryland"

Does this new statute apply only to entities organized under Maryland law? I assume the answer is no. To the extent it requires communications to shareholders by non-Maryland corporations, there may be a question whether the internal affairs doctrine allows such regulation by a state other than the state of incorporation.

Does the statute apply - and may it permissibly apply - to expenditures made outside of Maryland, such as mailings sent from Virginia or broadcast commercials paid for by non-Maryland persons and broadcast by stations outside of Maryland?

Mark S. Scarberry
Pepperdine Univ. School of Law
Malibu, CA 90263
(310)506-4667

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
Sent: Monday, May 23, 2011 2:53 PM
To: law-election at uci.edu
Subject: [EL] more news 5/23/11

May 23, 2011
...

"Corporations Must Disclose Independent Expenditures in Maryland"

The Lobby Comply Blog reports<http://www.lobbycomply.com/wordpress/?p=3757>.
Posted by Rick Hasen at 02:29 PM<http://electionlawblog.org/archives/019573.html>

--
Rick Hasen
Visiting Professor
UC Irvine School of Law
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949.824.3072 - office
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rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
http://law.uci.edu/faculty/page1_r_hasen.html

William H. Hannon Distinguished Professor of Law
Loyola Law School
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org
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