Two Important Campaign Finance Decisions on Friday, March 26

On March 26, two important campaign finance decisions were handed down by federal courts in Washington, D.C.

The U.S. Court of Appeals, D.C. Circuit, ruled that committees which wish to make independent expenditures, commenting on candidates for federal office, are free to raise as much money as they wish from individuals. SpeechNow.Org v Federal Election Commission, 08-5223. The decision is from the entire panel of full-time judges on the D.C. circuit. The vote was 9-0. The decision strikes down federal laws that limit political committees to receiving no more than $5,000 from any one individual in any year. However, the decision is limited to groups that make independent expenditures. “Independent expenditures” means that the group writes and publicizes its own opinions, and does not coordinate with any particular candidate.

The decision is 21 pages. The decision upholds federal laws that require such groups to register as a political committee, set up a separate bank account for its independent expenditures about candidates, and disclose its contributors and expenditures.

The other decision of March 26 is Republican National Committee v FEC, U.S. District Court, D.C., 08-1953. It is 20 pages long. It upholds federal campaign laws that prevent anyone from giving more than a specified amount of money to political parties. The decision acknowledges that political parties are now the only groups that cannot receive unlimited amounts of contributions from individuals, for the purpose of making independent expenditures. But the judges say that the U.S. Supreme Court already upheld limits on donations to political parties in 2003, in McConnell v FEC, and that if the parties want relief, only the U.S. Supreme Court can give them any relief. The three judges in this case are Brett Kavanaugh, Richard Leon, and Rosemary Collyer, all three appointees of President George Bush, Jr.

South Carolina Bills to Make Ballot Access Worse for Independent Candidates May Have Lost Steam

Earlier this year, it appeared that the South Carolina legislature was probably going to make ballot access for independent candidates more difficult. The Senate passed SB 590, to say that primary voters could not sign independent candidate petitions. The bill also made it illegal for newly-registered voters to sign for independent candidates, and said that no one could sign for more than one independent candidate for the same office. But the bill did lower the number of signatures.

The House passed HB 3746, which is worse. It has all the undesirable characteristics of the Senate bill, and it does not reduce the number of signatures.

Both bills passed in February. Since then, neither bill has made any headway. The legislature will probably be in session until June. South Carolina legislators seem to have a tendency to almost pass bad ballot access bills, and then generally the legislature loses interest in them and they never pass entirely. A few years ago a bill to outlaw fusion made substantial progress, but never passed. And before that, a bill to require independent candidates to pay a filing fee in addition to submitting a difficult petition also made substantial headway, but was then abandoned.

South Carolina ballot access for independent candidates for district office is already very difficult. No one has ever qualified as an independent candidate for U.S. House, in the entire history of government-printed ballots in that state. Nor has there ever been an independent candidate on a government-printed ballot for Governor or U.S. Senator.

California Candidate Files Lawsuit to Have “Assistant Attorney General” on the Ballot as His Occupation

California is the only state that prints occupations of candidates on the ballot. On March 25, John Eastman, a Republican running for Attorney General, filed a lawsuit to have “Assistant Attorney General” next to his name on the primary ballot. He is a California resident and an Assistant Attorney General in South Dakota. California’s Secretary of State refused to let Eastman have “Assistant Attorney General” as his ballot occupation. See this story.

California Candidate Files Lawsuit to Have "Assistant Attorney General" on the Ballot as His Occupation

California is the only state that prints occupations of candidates on the ballot. On March 25, John Eastman, a Republican running for Attorney General, filed a lawsuit to have “Assistant Attorney General” next to his name on the primary ballot. He is a California resident and an Assistant Attorney General in South Dakota. California’s Secretary of State refused to let Eastman have “Assistant Attorney General” as his ballot occupation. See this story.

California Judge in American Independent Party Case Tentatively Rules that Defendants Have Been Served; Case Can Now Proceed to the Merits

On March 25, a California Superior Court Judge in Fairfield, Solano County, made a tentative procedural ruling in King v Robinson, the case involving the internal dispute inside the American Independent Party. The tentative ruling says the the Defendants (the Alan Keyes faction of the party) were properly served by a process server. Therefore, assuming the tentative ruling is made permanent tomorrow, the case can proceed to the merits of the dispute. UPDATE: the tentative decision was made permanent on March 26.

The tentative wording says, “Defendant’s motion to quash service of summons is denied. The court finds that proper service has been carried out pursuant to Code of Civil Procedure 415.20. The evidence indicates that the process server attempted to serve Defendant by calling out his name and alerting him that he had legal documents to serve him and Defendant attempted to evade service by running into the house and slamming the door. Because service has been accomplished, the court has acquired personal jurisdiction over Defendant.”