“Regulating the Political Speech of Noncharitable Exempt Organizations after Citizens United”

…as Citizens United. Part II will describe the current tax rules regarding lobbying and politicking applicable to exempt organizations that can engage in unlimited lobbying and politicking as part, but not the primary purpose, of their activities: section 501(c)(4) social welfare organization, section 501(c)(5) labor organizations, and section 501(c)(6) trade associations. The discussion will include consideration of treatment of contributions to…

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“Lobbypalooza”

…fly describes for a popular audience the history of tax-related and disclosure-related regulation of lobbying. It also flags some developments in the lower courts, in which lower courts are relying on Citizens United to strike down some lobbying regulations. I will be describing those lower court developments in the first part of my new draft, “Lobbying, Rent Seeking, and the Constitution,” which I will post on SSRN by first week of January (and p…

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Soon-to-be Senator Paul’s Position on Lobbying Reform and Campaign Finance Reform

…ign finance reform and lobbying reform. (I discuss these in a new draft on lobbying, which I hope to post soon on SSRN.) Mr. Paul’s article on campaign finance reform, “The Public Trough,” begins: “Last year, over 15,000 individuals worked for organizations whose sole goal was to rip you off. No, not the mafia or Goldman Sachs, but another distinctly criminal class–Washington lobbyists. In 2008, corporations and unions spent over $3 billion to bri…

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Aprill on the Americans for Prosperity Foundation Tax Controversy

…spending by the government show that it is engaged primarily in grassroots lobbying. If the IRS were to agree with this conclusion, APF would not be eligible for status as a 501(c)(3) organization. On its 2008 Form 990, it answered “no” to the question as to whether it engaged in any lobbying activities and described its activities as educational. The ads it has been running send its listeners say that wasteful spending must stop and send listener…

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Breaking News: Bauer to Take Over Eisen’s Portfolio in Ethics (and Keep WH Counsel’s Job)

…along: “White House Counsel Robert Bauer will assume responsibilities for lobbying, transparency, government reform and a host of other government operations issues once White House ethics adviser Norman Eisen departs for his new role as ambassador to the Czech Republic, senior administration officials confirmed Friday.” Steve Croley is coming on board as deputy. All of this takes effect only upon Eisen’s confirmation as ambassador. (Watch the Ei…

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“Sen. Brown to oppose Disclose Act”

…rown yes vote now dashed, Democrats and watchdog groups are training their lobbying fire on GOP Sens. Olympia Snowe and Susan Collins, two Maine centrists who along with Brown have played decisive roles in a bevy of controversial summer bills. …Democrats also could lose the support of two centrist Democrats, Sens. Ben Nelson (Neb.) and Blanche Lincoln (Ark.) — who is locked in a tight reelection contest — making Republican support even more crucia…

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“Keeping Tax-Subsidized Corporate Money Out of Politics”

…a possible solution. Specifically, it proposes that listed tax subsidies be disallowed to C corporations that spend more than some de minimis amount (e.g., $1 million per year) on nondeductible lobbying and/or political activities. The 2-page article is well worth reading by anyone thinking about creative, constitutional ways Congress could deal with CU….

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“House Votes 408-4 to Bar Campaign Money From Those Lobbying for Foreign Nationals”

…ore it was brought to the floor (to Rep. Lungren’s great frustration!) so that it no longer amends FECA, and is no longer about campaign finance issues, but instead is confined to a new prohibition of lobbying for terrorist supporting states in the Lobbying Disclosure Act. You can see the amended text of the bill in the Congressional Record on pages H 5336-37 from yesterday….

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White House Election Law News: Eisen Leaving, Bauer Has Portrait of Wittgenstein in Office

…see here. Once I finish my piece on Buckley, I’m turning to writing about lobbying. I’ve been collecting sources on the major changes in lobbying rules that the Obama White House, under Eisen’s leadership, has been putting in place. I don’t have a firm enough grasp on the changes to express an opinion on them yet, but I do know enough to say that Eisen has come in with a real vision of how Washington politics might be changed, and has been succes…

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Aprill: Tax Code Denies Business Deductions for Political Expenditures

…izations, popularly known as charities, can engage in a limited amounts of lobbying and contributions to them are tax-deductible. The rule of using only pre-tax money for lobbying and political expenditures is achieved for businesses, whether or not incorporated, because the general provision that allows deductions for trade and business expenses, s 162 has a special rule in subsection (e) disallowing a deduction for lobbying and political expendi…

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“CRS Report Says Obama’s Restrictions Have Changed Lobbyists’ Ties to Officials”

…this report,which begins: “A new Congressional Research Service report on lobbying concluded that the Obama administration’s recently adopted restrictions on federally registered lobbyists’ access to executive branch agencies have “already changed the relationship between lobbyists and covered executive branch officials.” If anyone has a link to the CRS report, please send it along and I will post it. UPDATE: I have posted the CRS report at this…

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“Under The Influence Experts Blog Debuts On NationalJournal.com, Providing The Insiders’ Take On Lobbying And Advocacy Issues”

…Via email comes a press release which begins: “Today National Journal Group enhanced its coverage of the lobbying and advocacy industry with the debut of the Under the Influence Experts blog, which will host weekly, virtual roundtable discussions on ethics, campaign finance and other lobbying issues, drawing on the experience and wisdom of some of the profession’s top figures.”…

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What Happened to Norm Eisen’s Blog Post on Lobbying?

A recent blog post at the White House blog on its lobbying policy got a lot of attention recently, including in the NY Times and the BLT. But, as has been pointed out to me, the link does not appear to work. It is not clear whether this was an intentional taking down of the post for political/policy reasons, or just an administrative snafu. Inquiring minds want to know. UPDATE: The link is now working again. I’ve reprinted the text of the post be…

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Supreme Court Denies Cert in Florida Lobbying Disclosure Case

…Information Services of the Florida Office of Legislative Services et al. Scotusblog has the cert. petition and other relevant documents here (scroll down). The question presented was “Whether a state law that requires disclosure of the identities of those paying for grassroots lobbying — ‘opinion articles, issue advertisements, and letter writing campaign’ — facially violates the First and Fourteenth Amendments due to vagueness and overbreadth.Wh…

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New 4th Edition of “The Lobbying Manual” Available for Pre-Order

…Before I got sidetracked on other projects, I was working on a paper on lobbying regulation and the Constitution. I was able to get my hands on advanced copies of some of the chapters in the newest edition of The Lobbying Manual: A Complete Guide to Federal Lobbying Law and Practice, Fourth Edition. It is an extremely valuable resource, and it is now available for preordering. Highly recommended!…

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NPR’s “Dollar Politics” Series

…licy and financial regulation. The first story was about the growth of the lobbying industry, and the web version of the story featured a panoramic photo of the audience at the first Senate markup of a health-care bill. NPR identified as many lobbyists as it could and invited people to identify others. The second story covered the lobbyists at that markup, why they went, whom they represented. This morning’s story looks at the relationship between…

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“Secretary and Clerk Close Lobbying Loophole”

…Point of Order has the scoop on this clarification issued by the Clerk of the House and the Secretary of the Senate. “Under the clarified guidance, a registered lobbyist cannot be de-listed merely because that ‘individual did not in the current quarter and does not reasonably expect in the upcoming quarter to make more than one lobbying contact per quarter’”…

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