[EL] House candidate Carr’s campaign drops ball on required finance filing

[David A. Holtzman]

Thanks, all.

The LA Times article says “House Ethics rules” require the filing.But 
now I know, thanks to Joseph and Craig, it’s really federal law that 
requires the filing.I’ve submitted a correction to the paper through its 
web form.

The definition of “candidate” used in the federal law here (raising or 
spending $5,000 or more, or letting someone do that on your behalf) [2 
U.S.C. § 431(2)] could be useful for limiting who can participate in 
future candidate forums.

I think there were 18 people on the ballot in the primary here 
(California’s 33rd C.D.), and 16 or 17 of them were on the stage at a 
forum I went to.Only 10 of them filed the disclosures at issue (find 
their forms at http://clerk.house.gov/public_disc/financial-search.aspx 
), although another one filed a convenient form saying he was exempt 
(http://clerk.house.gov/public_disc/financial-pdfs/2013/8213545.pdf).

- dah

On 7/27/2014 3:23 PM, Craig Holman wrote:
> Joseph explained it well. Federal law requires House candidates to 
> file with the Clerk, Senate candidates with the Senate Secretary, and 
> presidential candidates with OGE, which is then enforced by DOJ. It is 
> an invaluable disclosure law for voters to discern conflicts of 
> interest, and it mandates such disclosures for federal employees as 
> well, not just candidates. The congressional offices and OGE are the 
> administrative agencies. I just want to add the cite:
>
> 5 USC app., section 101 et seq.
>
>
> Craig Holman, Ph.D.
> Government Affairs Lobbyist
> Public Citizen
> 215 Pennsylvania Avenue SE
> Washington, D.C. 20003
> T-(202) 454-5182
> C-(202) 905-7413
> F-(202) 547-7392
> Holman at aol.com
>
>
> -----Original Message-----
> From: Joseph E. Sandler <sandler at sandlerreiff.com>
> To: David A. Holtzman <David at HoltzmanLaw.com>; Election Law 
> <Law-election at department-lists.uci.edu>
> Sent: Sun, Jul 27, 2014 9:31 am
> Subject: Re: [EL] House candidate Carr’s campaign drops ball on 
> required finance filing
>
> David
> The requirement for a candidate for US House to file a personal 
> financial disclosure report is not imposed by the Rules of the House 
> but by the Ethics in Government Act--the federal statute. While that 
> statute confers certain authority on the House Ethics Committee to 
> review the reports and implement the reporting requirements, the 
> authority to enforce the law against a candidate lies with the US 
> Department of Justice--not the House Ethics Committee which as you 
> correctly surmise, has no jurisdiction to impose penalties on persons 
> that are not currently Members of Congress or employees of Congress.
> Joseph E. Sandler
> Sandler, Reiff, Lamb, Rosenstein & Birkenstock P.C.
> 1025 Vermont Avenue, N.W.  Suite 300
> Washington, D.C. 20005
> Tel: (202) 479-1111
> Fax: (202) 479-1115
> Cell: (202) 607-0700
> ------------------------------------------------------------------------
> *From:* law-election-bounces at department-lists.uci.edu 
> <mailto:law-election-bounces at department-lists.uci.edu> 
> [law-election-bounces at department-lists.uci.edu 
> <mailto:law-election-bounces at department-lists.uci.edu>] On Behalf Of 
> David A. Holtzman [David at HoltzmanLaw.com <mailto:David at HoltzmanLaw.com>]
> *Sent:* Saturday, July 26, 2014 9:26 PM
> *To:* Election Law
> *Subject:* Re: [EL] House candidate Carr’s campaign drops ball on 
> required finance filing
>
> How can the House, simply by its own rule, constitutionally require a 
> non-member to file an ethics statement?
> Can it really collect a late fee?
> Even if the guy loses?
> (The guy is a Republican running against a party-endorsed Democrat for 
> Rep. Waxman's seat.)
> (And the Congress for which he's running isn't the current one whose 
> House adopted the rule.)
>
>>
>>     “House candidate Carr’s campaign drops ball on required finance
>>     filing” <http://electionlawblog.org/?p=63732>
>>
>> Posted on July 24, 2014 9:28 pm 
>> <http://electionlawblog.org/?p=63732>by Rick Hasen 
>> <http://electionlawblog.org/?author=3>
>> LAT. 
>> <http://www.latimes.com/local/political/la-me-pc-carr-late-filing-20140724-story.html>
>
>
> -- 
> David A. Holtzman, M.P.H., J.D.
> david at holtzmanlaw.com
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> -- 
> David A. Holtzman, M.P.H., J.D.
> david at holtzmanlaw.com
>
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