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

Wed May 25 11:24:59 PDT 2011

Joe,

            Since the Maryland provision is limited to "express
advocacy", am I right that it's pre-WisconsinRighttoLife, i.e. it's
obsolete and won't apply to the great bulk of independent ads?  May I
add this question: whether or not I'm right about Md, do you know of any
States which now have law that covers more than express advocacy indep
ads?    Thanx,  Roy

Roy A. Schotland

Professor Emeritus

Georgetown Law Center

600 New Jersey Ave. N.W.

Washington, D.C. 20001

202/662-9098

        fax: -9680

From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of
Joseph E. Sandler
Sent: Tuesday, May 24, 2011 4:13 PM
To: Scarberry, Mark; law-election at uci.edu
Subject: Re: [EL] Geographic etc. scope: "Corporations Must Disclose
Independent Expenditures in Maryland"

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.

1025 Vermont Ave., N.W.  Suite 300

Washington, D.C. 20005

Tel: (202) 479-1111

Fax: (202) 479-1115

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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
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
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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