[EL] reporter seeking expert opinion on campaign finance question

Fri Sep 2 17:08:05 PDT 2016

Clever way for Alex to get back at Jordan, whose name is now listed as a Trump contributor.  Explain that at the independent bookstore and the weekend farmers’ market!

Jordan is consoled by 300 airline miles.
> On Sep 2, 2016, at 7:58 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 <mailto: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 <mailto: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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