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

Wed May 25 12:51:33 PDT 2011

Having sponsored this bill in the Senate and written this provision, I agree with Joe's interpretation! (I do understand that my own interpretation has no special authoritative standing. . .) 
Best, Jamie

________________________________

From: law-election-bounces at department-lists.uci.edu <law-election-bounces at department-lists.uci.edu> 
To: Roy Schotland <schotlan at law.georgetown.edu>; Scarberry, Mark <Mark.Scarberry at pepperdine.edu>; law-election at uci.edu <law-election at uci.edu> 
Sent: Wed May 25 15:37:16 2011
Subject: Re: [EL] Geographic etc. scope: "Corporations Must Disclose Independent Expenditures in Maryland" 

Roy--  I meant to suggest that the Maryland law is not limited to Maryland-based entities-- didn’t mean to imply that the Maryland law is limited to express advocacy.  The Maryland law also requires disclosure reports to be filed by entities making "electioneering communications," which are defined in a way similar to McCain-Feingold: a broadcast cable or satellite communication referring to a state candidate, made within 60 days of an election in which that candidate appears on the ballot and  which is capable of being received by 50,000 or more individuals in the constituency where the candidate is on the ballot.

A number of  states have laws requiring some form of recordkeeping for and/or reporting of expenditures for communications defined more broadly than express advocacy--e.g., issue advertising and/or electioneering communications--  including, off the top, Florida, Idaho, Illinois, North Carolina, Utah, Washington, West Virginia, Oklahoma, Colorado.

Joseph E. Sandler

Sandler, Reiff, Young & Lamb, P.C.

1025 Vermont Ave., N.W.  Suite 300

Washington, D.C. 20005

Tel: (202) 479-1111

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From: Roy Schotland [mailto:schotlan at law.georgetown.edu] 
Sent: Wednesday, May 25, 2011 2:25 PM
To: Joseph E. Sandler; Scarberry, Mark; law-election at uci.edu
Subject: RE: [EL] Geographic etc. scope: "Corporations Must Disclose Independent Expenditures in Maryland"

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

Cell: (202) 607-0700

This message is intended only for the use of the intended  addressee and may contain information that is privileged, confidential and exempt from disclosure. If you have received this message in error, please immediately delete it from your system and notify us  via email or telephone 202.479.1111.

IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. 

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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