[EL] Outlawing #McConnelling

[Larry Levine]

If it is obtained directly from the candidate or his or her campaign for the
purpose of being used to promote the candidate, then it's an in kind
contribution. If it's taken off the candidate's web site, or from a brochure
or piece of mail produced by the candidate and is used to promote the
candidate without the candidate's knowledge then it is an independent
expenditure. Under those circumstances it cannot be charged against the
candidate's limits or limited as to the amount spent by the independent
entity. If it could be charged against the candidate's spending limits I can
think of all manner of dirty tricks to screw up an opponent.

Larry

 

From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Adam
Bonin
Sent: Tuesday, July 29, 2014 5:34 AM
To: law-election at uci.edu
Subject: [EL] Outlawing #McConnelling

 

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_ProposedAmend
mentPostedRecordsDept_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

http://www.boninlaw.com <http://www.boninlaw.com/> 

 

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