[EL] Ban on contributions by developers

[Steve Klein]

Apropos:
https://www.courthousenews.com/contractor-challenges-illinois-campaign-finance-law/

On Fri, Jan 18, 2019 at 5:32 PM Terry Martin <tjm5da at virginia.edu> wrote:

> I am aware of the Tenessee Republican Party's recent litigation against
> the SEC that challenged a P2P rule for municipal bond advisors, but it was
> kicked on standing, and I think there was a prior case that was kicked on
> filing in the wrong court. The easier it is to show a direct connection
> between elected officials and the regulated community, and not just
> speculation about their level of political influence, the better chance the
> regulation has to survive. (See *Blount v. SEC*)
>
> On Fri, Jan 18, 2019 at 1:59 PM Flavio Komuves <fkomuves at zazzali-law.com>
> wrote:
>
>> In NJ, we have a number of municipalities that have adopted P2P
>> ordinances for redevelopers (as distinct from developers).  Often,
>> redevelopment (as distinct from development) is associated with the
>> granting of property tax exemptions and other financial benefits.  Although
>> dated, this is an article giving an overview of them:
>>
>>
>>
>>
>> https://www.nj.com/news/index.ssf/2010/11/newark_council_members_conside.html
>>
>>
>>
>> Here is a more recent one:  https://ecode360.com/15244976
>>
>>
>>
>> I am unaware of any successful challenges to these ordinances.
>>
>>
>>
>>
>>
>> *From:* Fredric Woocher [mailto:fwoocher at strumwooch.com]
>> *Sent:* Thursday, January 17, 2019 3:17 PM
>> *To:* ben.sheffner at gmail.com; law-election at UCI.edu
>> *Subject:* Re: [EL] Ban on contributions by developers
>>
>>
>>
>> So, the case I was thinking about is *Harwin v. Goleta Water District*
>> (9th Cir. 1991) 953 F.2d 488, and it’s a bit different than I had
>> remembered it (naturally).  The ordinance at issue there required a board
>> member to disqualify herself from considering a water service application
>> if she had received a $250 campaign contribution from the applicant.  It
>> did not ban the contribution itself.
>>
>>
>>
>> Fredric D. Woocher
>>
>> Strumwasser & Woocher LLP
>>
>> 10940 Wilshire Blvd., Ste. 2000
>>
>> Los Angeles, CA 90024
>>
>> fwoocher at strumwooch.com
>>
>> (310) 576-1233
>>
>> *From:* Law-election [
>> mailto:law-election-bounces at department-lists.uci.edu
>> <law-election-bounces at department-lists.uci.edu>] *On Behalf Of *
>> ben.sheffner at gmail.com
>> *Sent:* Thursday, January 17, 2019 10:46 AM
>> *To:* law-election at UCI.edu
>> *Subject:* [EL] Ban on contributions by developers
>>
>>
>>
>> The Los Angeles City Council is considering imposing a ban on
>> contributions to candidates for city office by real estate developers. Is
>> anyone aware of similar regulations, and challenges to them?
>>
>>
>>
>> Here's a description of the proposal from the LA Times:
>>
>>
>>
>>
>> https://www.latimes.com/local/lanow/la-me-ln-developer-donations-20190115-story.html
>>
>> Under the proposal, real estate developers would be barred from giving to
>> city candidates and officeholders once they have turned in an application
>> that requires city approval or other action, provided that the request
>> involves building or adding more than 4,000 square feet of floor area for
>> residential projects or 15,000 square feet for commercial projects.
>>
>> The donation ban would last until a year after a final decision is made
>> on the application, the proposal said. The restrictions would apply to the
>> owner of the property being developed, including principals of any legal
>> entity that owns the property.
>>
>>
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-- 
Steve Klein
Attorney
https://www.linkedin.com/in/stephenrklein
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