Subject: Re: [EL] Different limits on contributions (state law)
From: Craig Holman
Date: 12/15/2010, 10:43 AM
To: "still@votelaw.com" <still@votelaw.com>, "election-law@mailman.lls.edu"
<election-law@mailman.lls.edu>
Hello Ed:
There are quite a few special restrictions on campaign contributions from
specific sectors that have shown a history or tendency toward corruption, which
have been upheld by the courts. Perhaps most notably, eight states (as well as
the SEC) restrict or ban contributions from government contractors to those
responsible for awarding the contracts. The most recent state to join the
league of cleaning up the government contracting process was Illinois, following Gov. Blagojevich's
tendency to dole out contracts to campaign contributors.
In addition, as you note, five states restrict or ban campaign contributions
from registered lobbyists, including California.
The California Supreme Court, for example, recognized that the state did have a
compelling interest in “ridding the political system of both apparent and
actual corruption and improper influence” in banning all contributions from
lobbyists, but the court invalidated the statute as overly broad. 25 Cal. 3d 33 (1979). The
court noted that while “either apparent or actual corruption might warrant some
restriction of lobbyist associational freedom, it does not warrant total
prohibition of all contributions by all lobbyists to all candidates.” In
response, California
implemented a somewhat more narrowly drawn statute, prohibiting lobbyists from
making campaign contributions to those whom they lobby. Cal. Govt Code §85702.
Eight states have restricted
or banned campaign contributions from gaming interests because of a prevalence
of corruption or the appearance of corruption, which have also been upheld by
the courts. Casino Association of Louisiana Inc. v. Louisiana,
537 U.S.
1226, cert. denied by the U.S. Supreme Court; and Petition by Soto, 236
N.J.Super. 303, 565 A.2d 1088, cert. also denied by the U.S. Supreme Court.
Similarly, four states
restrict campaign contributions from insurance agents to elected insurance
commissioners. And a few states even ban campaign contributions from public
utilities to state elected officials.
-----Original Message-----
From: Edward Still <still@votelaw.com>
To: Election Law <election-law@mailman.lls.edu>
Sent: Wed, Dec 15, 2010 11:35 am
Subject: [EL] Different limits on contributions (state law)
Are there any other classes of individuals who are restricted or prohibited from making contributions to state PACs or state candidates (that is, restricted when compared to the general contribution limits imposed by state law)?