Republican Party of Pennsylvania v. Boockvar

admin Constitutional Law, Election Law, U. S. Supreme Court

Today we filed an amicus brief in support of a petition for certiorari filed by the Republican Party of Pennsylvania seeking to challenge the decision of the Pennsylvania Supreme Court changing Pennsylvania election law at the last minute before the November elections.  We explained that the Pennsylvania Supreme Court usurped the authority of the Pennsylvania state legislature to make these decisions with respect to federal elections, subject only to Congressional action.  We urge the Supreme Court to take the case to invalidate any ballots received after election day.

Link to brief

Paper:  The Constitutional Duty of State Legislatures in a Contested Presidential Election

admin Constitutional Law, Election Law, Publications

Today, Bill Olson and Virginia attorney Pat McSweeney released a paper they co-authored entitled “The Constitutional Duty of State Legislatures in a Contested Presidential Election.”  The paper discusses in depth the provisions of the U.S. Constitution which vest total responsibility and power on state legislatures to select electors.  This power includes the duty to ensure the integrity of a Presidential election, particularly when there is demonstrated fraud, corruption and foreign intrigue.  The Western Journal  published that article here:  Link to article

GOA Letter to Director of National Intelligence & Director of FBI re French Involvement in U.S. Elections

admin Administrative Law, Election Law

Today we sent a letter, transmitting copies of our October 6, 2020 complaint and exhibits that had been filed with the Federal Election Commission, to DNI Director John Ratcliffe and FBI Director Christopher Wray. This submission was made pursuant to a request of Director Wray made at a Press Conference seeking information about foreign intervention in federal elections on October 21, 2020.

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GOA & John Crump — FEC Complaint About Facebook

admin Administrative Law, Election Law

Today we filed a complaint with the Federal Election Commission detailing violations of the Federal Election Campaign Act committed by Facebook, AFP Fact Check, and possibly Kamala Harris for Vice President. The complaint is based on multiple acts of suppression of information about the anti-gun views of Vice Presidential Candidate Kamala Harris by Facebook, pursuant to decisions made by a French Read More

Rhode v. Becerra

admin Constitutional Law, Election Law, U. S. Court of Appeals, Ninth Circuit

Today our firm filed an amicus brief in support of a challenge to a California law which requires background checks for persons seeking to buy ammunition. Our brief explained the history of how the 9th Circuit has employed various legal tests and other techniques to allow certain judges hostile to gun rights to evade application of the Second Amendment, as written.

Link to brief

National Association for Gun Rights v. Mangan

admin Constitutional Law, Election Law, U. S. Supreme Court

Today we filed an amicus brief in the U.S. Supreme Court supporting a petition for certiorari designed to challenge a 2015 Montana State election law.  The law regulated “electioneering communications” — borrowing a term which Congress had employed in the Bipartisan Campaign Reform Act of 2002 to require reporting of a narrow category of broadcast advertisements Read More

CREW v. FEC

admin Constitutional Law, Election Law, Nonprofit Law, Statutory Construction, U. S. Court of Appeals, District of Columbia Circuit

Today our firm filed an amicus brief opposing a strained reading of the Federal Election Campaign Act disclosure requirement which CREW has urged a federal court to be forced on the FEC.  FEC rules have long required the disclosure by non-political committees of donors giving to support specific Independent Expenditures (IEs).  Reversing that established rule, the U.S. District Court for the District Read More

Comments filed supporting petition for rulemaking to FEC

admin Administrative Law, Election Law

Today we filed comments with the Federal Election Commission in response to a petition for rulemaking filed by the Institute for Free Speech on the FEC’s definition of “contribution.” Our comments supported the IFS petition and also urged the FEC to amend the definition of “expenditure” in the same rulemaking.
The comments were filed on behalf of the Free Speech Read More

American Thinker: Why Did Michael Cohen Plead Guilty to Campaign Finance Crimes That Aren’t Campaign Finance Crimes?

admin Election Law, Publications

Jeremiah Morgan wrote this interesting take on why Michael Cohen would plead guilty to a non-crime. First, he explains why there is no campaign finance law violation here, and then discusses how this case provides a precedent to support the ever-increasing criminalization of politics in America.

Link to article

Independence Institute v. Federal Election Commission

Michael Harless Constitutional Law, Election Law, U. S. Supreme Court

Today we filed an amicus brief urging the U.S. Supreme Court to review an appeal filed by the Independent Institute challenging the disclosure requirements imposed by the Bipartisan Campaign Reform Act (“BCRA”) as applied to genuine issue ads.  BCRA compels the disclosure of donors to such ads over $1,000, with substantial civil and criminal penalties for failure to report this information Read More

FEC Conciliation Agreement Modified

Michael Harless Election Law

We were pleased to have persuaded the FEC to act unanimously to modify a Conciliation Agreement entered into in 2005.  The reason was that the state of election law had changed, based on recent court rulings, which then were followed by changes in Commission regulations.

This may be only the second or third time such a modification has been approved by the FEC.  We believe that the last time it Read More

Independence Institute v. Federal Election Commission

Michael Harless Election Law, U. S. District Court, District of Columbia

Today, our firm filed an amicus brief in support of The Independence Institute, in its challenge to certain federal election law and Federal Election Commission regulations governing electioneering communications.  Under these regulations, Section 501(c)(3) organizations must report on their broadcast issue ads which mention the name of incumbent Congressmen.  The required reports include certain Read More

Independence Institute v. FEC — Amicus Brief

Michael Harless Administrative Law, Constitutional Law, Election Law, U. S. Court of Appeals, District of Columbia Circuit

Today we filed an amicus brief in support of the Independence Institute in their challenge to the Federal Election Commission’s regulations requiring the names and addresses of donors to nonprofits doing issue ads, which technically meet the criteria of Independent Expenditures, to be disclosed. Our brief explains the motivation of Congress for wanting this information.

Link to brief

Jeremiah Morgan Testifies Before the Federal Election Commission

Michael Harless Administrative Law, Appearances, Election Law

Today, on behalf of the Free Speech Coalition, Inc., the Free Speech Defense and Education Fund, Inc., and U.S. Justice Foundation Jeremiah Morgan of our firm testified before the Federal Election Commission at its Hearings on the McCutcheon v. FEC Advance Notice of Proposed Rulemaking. (His testimony appears at 5:19:51 of the video.)

Link to video

Comments filed opposing FEC rulemaking after McCutcheon Decision

Michael Harless Administrative Law, Election Law

Today we filed comments in response to the Federal Election Commission notice in considering a petition for rulemaking. This petition asks the FEC to expand the definition of “federal office” to include a delegate to a constitutional convention for proposing amendments to the U.S. Constitution.

We explained that the FEC has no authority to expand the definition of “federal office” Read More

John Albert Dummett, Jr. & Edward C. Noonan v. Alejandro Padilla — Petition for Certiorari

Michael Harless Constitutional Law, Election Law, U. S. Supreme Court

Today our firm filed a Petition for Writ of Certiorari seeking U.S. Supreme Court Review of two decisions of the California Courts which held that the California Secretary of State had no duty to determine whether a candidate for President of the United States is eligible to serve, if elected, before placing his name on the official state election ballot.

Our Petition explains that Article II, Section Read More

Comments filed with the FEC on Definition of “Federal Office”

Michael Harless Administrative Law, Election Law

Today we filed comments in response to the Federal Election Commission notice in considering a petition for rulemaking. This petition asks the FEC to expand the definition of “federal office” to include a delegate to a constitutional convention for proposing amendments to the U.S. Constitution.

We explained that the FEC has no authority to expand the definition of “federal office” Read More

Ohio Election Commission v. Susan B. Anthony List — Amicus Brief Filed Opposing Ohio’s “Ministry of Truth”

Michael Harless Election Law, Nonprofit Law, U. S. Supreme Court

Taking a page out of Orwell’s novel 1984, the Ohio Elections Commission operates as a modern “Ministry of Truth’ — with the power to “determine” and “proclaim” the truth or falsity of every statement made during an Ohio political campaign. Our firm filed an amicus curiae brief in the U.S. Supreme Court, contending that the government has no legitimate role whatsoever to play Read More

FEC Issues Advisory Opinion Sought by Citizens for Joseph Miller

Michael Harless Administrative Law, Election Law

Representing Alaska Senate candidate Joseph Miller’s campaign committee, Bill Olson appeared before the Federal Election Commission today to answer questions about the facts underlying Advisory Opinion Request No. 13-11 filed by the firm on the campaign’s behalf. After a lengthy discussion, the FEC approved the Advisory Opinion on a 5-1 vote. The Commission ruled that the Committee’s Read More

Shaun McCutcheon v. FEC Amicus Brief for Downsize DC Foundation, et al. in the United States Supreme Court

Michael Harless Constitutional Law, Election Law, U. S. Supreme Court

Incumbent Congressmen must not be allowed to make it extremely difficult to challenge them for re-election, as they have done since 1971 by use of campaign finance laws.

Today we filed an amicus brief on behalf of Downsize DC Foundation, DownsizeDC.org, Free Speech Coalition, Inc., Free Speech Defense and Education Fund, U.S. Justice Foundation, Gun Owners Foundation, Gun Owners of America, Inc., Read More