[EL] ELB News and Commentary 10/16/11

[Edward Still]

I have a question about the Weekly Standard article linked below. The
article says, "And while this new ruling primarily affects Perry at the
presidential level, it could have far-reaching consequences going forward,
since it applies to every state office holder seeking federal office from
here on out." A quick review of the SEC's final
rule<http://www.sec.gov/rules/final/2010/ia-3043.pdf>leads me to
believe that the rule applies to office holders and candidates
at any level of government, not just those seeking federal office.
Specifically, the following definition in the rule leads to that conclusion:

§ 275.206(4)-5 (f) (6)
*Official *means any person (including any election committee for the
person) who was, at the time of the contribution, an incumbent, candidate or
successful candidate for elective office of a government entity, if the
office:
(i)
Is directly or indirectly responsible for, or can influence the outcome of,
the hiring of an investment adviser by a government entity; or
(ii)
Has authority to appoint any person who is directly or indirectly
responsible for, or can influence the outcome of, the hiring of an
investment adviser by a government entity.

Am I wrong in my conclusion?


Edward Still
Edward Still Law Firm LLC
130 Wildwood Parkway, Suite 108, PMB 304
Birmingham AL 35209
205-320-2882 (voice & fax)
  www.votelaw.com/blog
  www.edwardstill.com
  www.linkedin.com/in/edwardstill <http://www.linkedin.com/in/edwardstill>


On Sun, Oct 16, 2011 at 11:29 AM, Rick Hasen <rhasen at law.uci.edu> wrote:

>
>  “The Perils of Donating to Perry; The SEC’s curious role in campaign
> finance.” <http://electionlawblog.org/?p=24256>
> Posted on October 15, 2011 5:14 am <http://electionlawblog.org/?p=24256>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> The *Weekly Standard *reports<http://www.weeklystandard.com/articles/perils-donating-perry_595199.html>
> .
>  [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D24256&title=%E2%80%9CThe%20Perils%20of%20Donating%20to%20Perry%3B%20The%20SEC%E2%80%99s%20curious%20role%20in%20campaign%20finance.%E2%80%9D&description=>
>   Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
> Off
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20111016/f7e0ba1a/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1520 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20111016/f7e0ba1a/attachment.png>