[EL] The Chamber and disclosure

Steve Hoersting hoersting at gmail.com
Thu May 31 11:12:37 PDT 2012


Well, I certainly hope this is settled soon.  I, and I am sure most people
in the country, have *no idea* where the Chamber falls on questions of
jobs, federal spending, free enterprise and federal candidates.

Maybe, with a little "reasonable disclosure," donors will finally have
"cues" about what to make of these independent ads.  And it's all upside: I
am sure Chamber opponents won't be teeing up those contributors -- in the
same way they teed-up ALEC donors -- so this is a fine balance indeed.

[Need I insert a winking smiley face here?]

Steve Hoersting

On Thu, May 31, 2012 at 1:55 PM, John Pomeranz
<jpomeranz at harmoncurran.com>wrote:

> The definition of "electioneering communication" explicitly excludes
> communications that are "independent expenditures" (i.e. uncoordinated
> public communications that expressly advocate the election or defeat of a
> federal candidate).  2 USC 434(f)(3)(B)(ii).
>
> Many have discussed this odd result of the Van Hollen ruling.  See, for
> example, the piece my partner Paul Murphy wrote on Van Hollen for our
> firm's newsletter:
> http://www.harmoncurran.com/?fuseaction=eUpdate.getArchives&newsletter_id=97
>
>
>
> John Pomeranz
> Harmon, Curran, Spielberg & Eisenberg, LLP
> 1726 M Street, NW, Suite 600
> Washington, DC  20036
> p: 202.328.3500
> f: 202.328.6918
> e: jpomeranz at harmoncurran.com
>
>
>
> -----Original Message-----
> From: law-election-bounces at department-lists.uci.edu [mailto:
> law-election-bounces at department-lists.uci.edu] On Behalf Of Frank Askin
> Sent: Thursday, May 31, 2012 1:41 PM
> To: Rick Hasen; law-election at UCI.edu
> Subject: [EL] The Chamber and disclosure
>
>   I do not understand how the Chamber of Commerce can evade disclosure of
> contributors by shifting electioneering communications to express advocacy.
>  Aren't express advocacy ads  also "electioneering communications" if they
> include the name of a candidate during the covered period.  FRANK
>
>
> Prof. Frank Askin
> Distinguished Professor of Law       and Director
> Constitutional Litigation Clinic
> Rutgers Law School/Newark
> (973) 353-5687
> _______________________________________________
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-- 
Stephen M. Hoersting
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