[EL] reporter seeking expert opinion on campaign finance question

Fri Sep 2 17:06:07 PDT 2016

Similarly in Alabama Code *Section 17-5-15*Contributions by one person in
name of another; contributions between political action committees, etc.

(a) It shall be unlawful for any person, acting for himself or herself or
on behalf of any entity, to make a contribution in the name of another
person or entity, or knowingly permit his or her name, or the entity's
name, to be used to effect such a contribution made by one person or entity
in the name of another person or entity, or for any candidate, principal
campaign committee, or political action committee to knowingly accept a
contribution made by one person or entity in the name of another person or
entity; provided, however, that nothing in this chapter prohibits any
person from soliciting and receiving contributions from other persons for
the purpose of making expenditures to a candidate, political campaign
committee, political action committee, or elected state or local official
required to file reports pursuant to Section 17-5-8.

Edward Still
Edward Still Law Firm LLC
429 Green Springs Hwy, STE 161-304
Birmingham AL 35209
205-320-2882
still at votelaw.com
www.linkedin.com/in/edwardstill <http://www.linkedin.com/edwardstill>
Twitter: @edwardstill

On Fri, Sep 2, 2016 at 6:58 PM, Kevin Benson <kbenson at whitehartlaw.com>
wrote:

> Likewise, I believe it would violate Nevada law, if it were a state
> candidate at issue.
>
>
>
> NRS 294A.112 prohibits contributions “in the name of another” and provides:
>
> 2. As used in this section, “make a contribution in the name of another
> person” includes, without limitation:
>
>       (a) Giving money or an item of value, all or part of which was
> provided or reimbursed to the contributor by another person, without
> disclosing the source of the money or item of value to the recipient at the
> time the contribution is made; and
>
>       (b) Giving money or an item of value, all or part of which belongs
> to the person who is giving the money or item of value, and claiming that
> the money or item of value belongs to another person.
>
>
>
> This part of the statute is modeled on case law interpreting the federal
> counterpart, 52 USC 30122 (fka § 441f): “No person shall make a
> contribution in the name of another person or knowingly permit his name to
> be used to effect such a contribution, and no person shall knowingly accept
> a contribution made by one person in the name of another person”. United
> States v. O'Donnell, 608 F.3d 546, 548 (9th Cir. 2010) (interpreting 2
> U.S.C. § 441f and discussing “false name” contributions vs. “straw donor”
> contributions). The court noted that § 441f clearly prohibited “false name”
> contributions, and held that it also prohibited straw donor contributions.
> Similarly, the court upheld the conviction in United States v. Whittemore,
> 776 F.3d 1074, 1079 (9th Cir.), cert. denied, 136 S. Ct. 89, 193 L. Ed. 2d
> 35 (2015), where the true contributor gave money to others, who then
> contributed it to a federal candidate in their names (also rejected his
> theory that these were “unconditional gifts.”).
>
>
>
> Based on that case law on the federal statute, it seems to me Jordan
> violated the federal law by using his name when contributing Alex’s money
> (straw donor), and Alex may have also, if he knew that Jordan would use
> Jordan’s name instead of his (Alex’s). I don’t think their intent that it
> be a workout motivator makes any difference, if that’s the question. The
> point of the statute, as I understand it, is twofold: (1) help prevent
> excessive contributions; and (2) provide accurate disclosure of supporters.
> Even if Alex isn’t really a “supporter,” using Jordan’s name instead causes
> inaccurate disclosure.
>
>
>
> But I’d be interested to see if any of the federal law experts have a
> different take.
>
>
>
> Cheers,
>
> Kevin
>
> (Who needs to be doing something else at 5pm on the Friday before Labor
> Day)
>
>
>
>
>
> Kevin Benson, Esq.
>
> White Hart Law
>
> 2310 S. Carson Street #6
>
> Carson City, NV 89701
>
> (775) 461-3780
>
> kbenson at whitehartlaw.com
>
>
>
>
>
>
>
>
>
> *From:* law-election-bounces at department-lists.uci.edu [mailto:
> law-election-bounces at department-lists.uci.edu] *On Behalf Of *Dan Meek
> *Sent:* Friday, September 2, 2016 4:32 PM
> *To:* law-election at department-lists.uci.edu
> *Subject:* Re: [EL] reporter seeking expert opinion on campaign finance
> question
>
>
>
> This would violate Oregon law requiring that contributions be made in the
> name of the true contributor.  See ORS 260.402 and
>
> *State v. Moyer*, 348 Or 220, 230 P3d 7, 2010 WL 1709781 (2010).  The
> statute states:
>
> “No person shall make a payment of his own money or of another person's
> money to any other person in connection with a nomination or election in
> any other name than that of the person who in truth supplies such money;
> nor shall any person knowingly receive such payment or enter or cause the
> same to be entered in his accounts or records in another name than that of
> the person by whom it was actually furnished; *provided,* if the money be
> received from the treasurer of any political organization it shall be
> sufficient to enter the same as received from said treasurer.”
>
> Dan Meek
>
> 503-293-9021
>
> dan at meek.net
>
> 855-280-0488 fax
>
>
>
>
>
> On 9/2/2016 10:17 AM, Beckel, Michael wrote:
>
> Hello:
>
>
>
> My name is Michael Beckel, and I am a reporter at the Center for Public
> Integrity in Washington, DC.
>
>
>
> I’d like to pose a hypothetical question to this esteemed group of
> campaign finance experts:
>
>
>
> Let’s say that two of my friends — call them Jordan and Alex — are looking
> to motivate themselves to work out more. They are also scared of the
> prospect of Donald Trump becoming president.
>
>
>
> So, Jordan and Alex each agree to go to the gym three days a week. For
> each day they miss, they’ll have to donate $100 to Donald Trump’s campaign.
> They are hoping that this bet motivates them both enough to not skip
> working out.
>
>
>
> However, a month goes by, and while Jordan has met his goals, Alex has not
> met his. So, Alex gives Jordan $300 cash, and Jordan makes a campaign
> contribution to Trump online with his credit card. They are sad, but ever
> more determined to meet their workout goals next month. (Jordan’s name and
> personal information was entered in the donor form, and, I presume, will
> show up on an FEC filing.)
>
>
>
> Question: Is this a conduit contribution? That is, did Alex or Jordan
> violate the law by making a contribution in the name of another?
>
>
>
> I’d be interested in on-the-record responses to this question.
>
>
>
> Thanks, all, for your time and consideration. Happy (almost) Labor Day
> weekend!
>
>
>
> Sincerely,
>
> Michael Beckel
>
> Reporter
>
> Center for Public Integrity
>
> 202-481-1249
>
>
>
>
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>
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>
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>
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