Subject: Re: [EL] Electionlawblog news and commentary 9/28/10
From: Lloyd Mayer
Date: 9/29/2010, 5:44 AM
To: "JBoppjr@aol.com" <JBoppjr@aol.com>, "lehto.paul@gmail.com" <lehto.paul@gmail.com>
CC: "election-law@mailman.lls.edu" <election-law@mailman.lls.edu>

The news reports I have seen suggest two , more subtle ways that CU may be increasing corporate spending.  The first is spending by corporations that pre-CU avoided any election-related spending because it was not cost effective for it to hire sophisticated election lawyers to help them craft ads that avoided express advocacy and its functional equivalent.  Having been on conference calls with up to six lawyers parsing through election-related ads, I can certainly understand the pre-CU reluctance to start that meter running.  After CU, however, such corporations now only have to worry about complying with the disclosure requirements. 

 

The second is targeted spending, where a corporation focuses its resources on a race it has identified as critical for its interests.  Think Capteron, except with Massey buying the independent expenditure ads, not its CEO.

 

From: election-law-bounces@mailman.lls.edu [mailto:election-law-bounces@mailman.lls.edu] On Behalf Of JBoppjr@aol.com
Sent: Tuesday, September 28, 2010 7:57 PM
To: lehto.paul@gmail.com
Cc: election-law@mailman.lls.edu
Subject: Re: [EL] Electionlawblog news and commentary 9/28/10

 

    Geez, I am thrilled by the result in CU and have hardly minimized its impact, particularly on the law, but what I was talking about was the practical effect and I was trying to be candid.  I said an only modest effect on business corps, more of an impact on advocacy corporation, like CU, but the total net effect is now indeterminate.  I only know what I currently know. Jim Bopp