Ninth Circuit Rules Against “Straw Donations”

On June 14, the 9th circuit rejected an attempt to open up a loophole in campaign finance, concerning individuals who want to give more than the maximum donation permitted under federal law. The defendant in a criminal case was charged with arranging for his friends and associates to give campaign contributions to a particular federal candidate, at the maximum limit permitted. Then, the instigator of the idea promised to reimburse those friends and associates.

The 17-page decision is called USA v Pierce O’Donnell, 09-50296. The 9th circuit interpreted federal campaign restrictions to mean that the behavior is illegal. Thanks to Rick Hasen for the link. In this particular case, the defendant had caused the 2004 John Edwards for President campaign to be the beneficiary of $26,000, because the Defendant had arranged for 13 of his associates to each contribute $2,000 to that campaign.

Rhode Island Legislature Passes Ballot Access Improvement Bill

On June 10, the Rhode Island legislature passed H.7894. It makes it possible for voters to sign petitions for two or more candidates running for the same office.

For federal and state office, Rhode Island law already lets voters sign for as many candidates for the same office as they wish. The bill says that cities and towns must follow the same policy.

Several Rhode Island towns have their own laws that do not permit voters to sign for more than a single candidate for the same office. But the new bill overrides those restrictive town ordinances. Assuming the Governor signs the bill, that will settle the pending lawsuits Monteiro v City of East Providence (now pending in U.S. District Court) and Fontes v City of Central Falls (now pending in the First Circuit).

U.S. Supreme Court Sets Conference Date for Republican Party Case on Spending By Political Parties

The U.S. Supreme Court will consider whether to hear Republican National Committee v Federal Election Commission, at its June 24, 2010 conference. The Court will probably say on June 28 what it decided. Observers feel the Court is likely to hear the case.

The case challenges the parts of the McCain-Feingold law set limits on how national political parties may spend money.

U.S. Supreme Court Issues Opinions on June 14, but No Ruling in Doe v Reed

The U.S. Supreme Court is in its last month before its summer recess. Opinions are coming out on each Monday in June. On June 14 the Court released four opinions, but no opinion in the only pending election law case, Doe v Reed. This means that opinion will be released on either June 17, June 21, or June 28. The issue is whether Washington state should release the names and addresses of people who sign petitions.