[EL] Outlawing #McConnelling

[Scarberry, Mark]

1.40.a. is obviously unconstitutional, right? (And not just as applied, given its sweep in prohibiting constitutionally protected speech.)

Mark S. Scarberry
Pepperdine University School of Law


Sent from my iPad

On Jul 29, 2014, at 5:34 AM, "Adam Bonin" <adam at boninlaw.com<mailto:adam at boninlaw.com>> wrote:

Among the proposed amendments to Philadelphia’s local campaign finance ordinance is the following. Curious on folks’ thoughts about its constitutionality/potential effectiveness:

http://www.phila.gov/ethicsboard/PDF/BOERegNo1_CampaignFinance_ProposedAmendmentPostedRecordsDept_7.17.14.pdf

1.40 Republication of campaign communications or materials. An expenditure made to reproduce, republish, or disseminate a campaign communication (including audio recordings or video footage) or campaign material (such as photographs, flyers, signs, or brochures) prepared by a candidate’s campaign:

a. Shall be considered an in-kind contribution for the purposes of the contribution limits that apply to the person making the expenditure.

b. Shall be considered an in-kind contribution for the purposes of the contribution limits that apply to the candidate if the person making the expenditure obtains the communication or materials directly from the candidate’s campaign or from another source with the consent of the candidate’s campaign.

A campaign communication or campaign material is obtained with the candidate’s consent if the candidate provides it to a third party so that another person is able to obtain the communication or material from that third party.

c. Shall not be considered an in-kind contribution for the purposes of the contribution limits if:
i. The communication or material is incorporated into a communication that advocates the defeat of the candidate that prepared the material; or
ii. The news media reproduces, republishes, or disseminates the communication or material.

Example: Three weeks before election day, candidate A’s campaign uploads 5 minutes of b-roll video footage to her YouTube channel. The political committee Pennsylvanians for a Better Pennsylvania downloads the video and uses the footage to create a television advertisement. The committee spends $100,000 to run the advertisement on three television stations during the week before election day.

Pennsylvanians for a Better Pennsylvania obtained a campaign communication created by candidate A’s campaign with the consent of the candidate’s campaign. As such, the committee’s expenditure of $100,000 was coordinated with candidate A’s campaign and is an in-kind contribution from the committee to candidate in excess of the contribution limits.

Adam C. Bonin
The Law Office of Adam C. Bonin
1900 Market Street, 4th Floor
Philadelphia, PA 19103
(215) 864-8002 (w)
(215) 701-2321 (f)
(267) 242-5014 (c)
adam at boninlaw.com<mailto:adam at boninlaw.com>
http://www.boninlaw.com<http://www.boninlaw.com/>

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