Nevada Developer Will Argue in Ninth Circuit that Contribution Limits to Candidates Are Unconstitutional

In 2010, U.S. Senator Harry Reid was up for re-election. One of his best friends, a wealthy developer named F. Harvey Whittemore, gave gifts to 29 individuals in his family and his circle of friends, of $5,000 each. Whittemore then asked each of the recipients to please donate $4,600 to Harry Reid’s re-election campaign, and they each complied. In 2012 he was indicted for violating federal campaign laws. He was convicted in 2013 and he is appealing his conviction to the Ninth Circuit.

One of his defenses in his opening brief to the Ninth Circuit is that campaign contribution limits to candidates are unconstitutional. His brief says that it makes no sense that it is legal for anyone to contribute as much as desired to a PAC that makes independent expenditures on behalf of a candidate, and yet illegal for the same individual to make direct campaign contributions. The brief says that direct campaign contributions provide more transparency, because a donation to a candidate is reported to the public quickly, whereas a donation to a PAC won’t be revealed to the public until tax filings made the year after the donation.

Whittemore was required to file his opening brief on April 2, the very day that the U.S. Supreme Court released its opinion in McCutcheon v FEC. Whittemore had already received three extensions of time in which to file his opening brief. Therefore, his brief does not discuss McCutcheon, except to mention that the opinion had just been released. Any argument about whether the McCutcheon decision affects Whittemore’s argument will certainly be presented in supplemental briefs. The case is Whittemore v USA, 13-10515. Thanks to Rick Hasen for the news about this case.

Both Major Parties Hope to Qualify U.S. House Candidates in Ohio via Write-in Votes

Ohio has several U.S. House districts in which the only person who filed in any party primary is the incumbent. However, Republicans will try to nominate someone by write-in at the May 6 primary in the 13th district, and Democrats will likewise try, in the 4th district. See this Cleveland Plain Dealer news story. Thanks to Tony Roza for the link.

Professor Charles Wheelan Speaks in Washington, D.C., On Need for a New Centrist Party

Dartmouth Professor Charles Wheelan will speak in Washington, D.C., about why the U.S. needs a new centrist political party. See this Roll Call news item. The talk is free, and attendees may receive a free copy of Wheelan’s book “The Centrist Manifesto” as long as supplies hold out. The event is at 6 p.m., Hill Center, Old Naval Hospital, 921 Pennsylvania Ave. SE, on Monday, April 7.