“New CFI Analysis Shows Interest Groups Deploy 501(c) ‘Advocacy’ Organizations Alongside Their PACs and 527s To Increase Their Influence in Federal Elections “

…stinguish their “election communications” from their “issue advocacy” and “lobbying” ones * Most groups could transfer their 527 activities to 501(c) advocacy organizations, if necessary, although at a potential cost since political activities conducted by a 501(c) organization are subject to taxation. * The overwhelming majority of large individual donors to the groups’ 527s contributed large amounts of money directly to candidates, parties and P…

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“Split Remains on 527s”

…Roll Call offers this report (paid subscription required), which begins: “After weeks without progress on finishing a lobbying reform bill, Senate Republican leaders are trying to break an impasse by scrapping controversial language added by the House that curbs 527 political groups. But House negotiators so far have balked at this approach, throwing into doubt prospects for resolving the standoff before the August recess.”…

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Georgetown Law Journal Symposium on the Law of Politics

…involved in the political process, gerrymandering, the Voting Rights Act, lobbying, increased sidestepping of the legislative process, and an international perspective on any or all of the above. Submissions are not restricted to these topics; if you feel you have a pertinent paper about a topic not listed here, please do not hold back as we are open to other perspectives. We will be especially interested in topics that call attention to issues t…

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“Flanking Frist”

…R-Tenn.) faces a strong challenge on his right if he brings to the floor a lobbying reform package that cracks down on the independent political groups known as 527s. Sen. George Allen (R-Va.) plans to send a letter to Frist this week threatening to filibuster the bill if it includes the provision, which was approved by the House but is absent from the Senate version of the lobbying rules overhaul. The letter is so far co-signed by GOP Sens. Sam B…

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Pitts: We Still Have a President, Right?

…t for the extension, if any, say? Would a signing statement matter as to how Republican Administrations enforce the Act? Would it matter to the Supreme Court’s determination of the constitutionality of the Act? Should civil rights groups be lobbying the President regarding the content of his signing statement (or lobbying him not to issue any signing statement at all)? Are they already doing this? Is any discussion of the President in the context…

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Carney on 527 Reform

…l discusses the risk that the GOP is taking by including 527 reform in the lobbying reform package: She writes that “the GOP 527 strategy is controversial, risky and politically weak. The immediate risk is that GOP leaders, by pushing what amounts to a big government bill, will aggravate rising tensions within the Republican coalition. Already, an influential group of conservative activists has banded together to lobby aggressively against 527 res…

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“527 Shift Muddles Conference”

…ate Democrats said they are still considering what, if anything, they should do. Each option carries advantages, but they all share the same risk: that Republicans will be able to label them obstructionists who stopped an ethics overhaul in its tracks to protect a political priority.” In other lobbying reform news, The Hill offers this report, which begins: “New rules aimed at curbing the growth of earmarks are among the most widely touted element…

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New CRS Report on Political Activities of Non-profits

…ons that the Internal Revenue Code places on political activity, including lobbying and campaign intervention, by tax-exempt organizations. It focuses on the above organizations, but also discusses the restrictions on the other types of tax-exempt organizations. The report ends with a summary of the information that tax-exempt organizations must report to the Internal Revenue Service about their political activities and whether the information mus…

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“House Lobbying Rules Call for More Disclosure”

…The Washington Post offers this report on the lobbying bill passed in the House (see also this summary of the major provisions, this NY Times story, this USA Today story and this story in The Hill). One of the interesting things to watch as lobbying reform goes to a House-Senate conference committee is what happens to the 527 campaign finance limits that are now in the House bill but face the threat of filibuster in the Senate….

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Lobbying Reform Update

…ffers Lobby Bill Poised for Passage, which begins: “House lawmakers today are expected to approve the first overhaul of Congressional ethics rules in a decade, despite vigorous opposition from Democrats and outside watchdog groups who assail the measure as too weak.” It also offers Lobbying Firm Broke PAC Rules, which begins: “Former top aides to Sen. Rick Santorum (R-Pa.) who are working at a lobbying firm with close ties to the lawmaker appear t…

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Krishnakumar on Lobbying

…disjunct between legislators’ versus the public’s views about the value of lobbying. I argue that before effective lobbying reform can be achieved, a fundamental shift in the philosophy underlying lobbying regulation must take place. The basic problem with existing lobbying regulations — and with all of the reforms currently under consideration by Congress — is that they focus on disclosure by lobbyists alone, leaving the elected officials whom lo…

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Lobbying Reform Update

…The Hill offers Opponents see GOP win, which begins: “Opponents of the House GOP leadership’s upcoming lobbying and ethics reform bill were pessimistic yesterday that they could defeat it, noting that increased support among Democrats would likely offset any erosion of enthusiasm in the Republican ranks.”…

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“G.O.P. Moderates Rebuff Lobbyists, Then Woo Them”

…the House of Representatives is once again poised to pass a new package of lobbying restrictions, thanks largely to the efforts of an alliance of Republican moderates. Nothing in the bill, however, would stop those same Republican moderates from continuing to court corporate lobbyists with some unusually explicit invitations to lunch. For $5,000, a lobbyist can join lawmakers and staff members of the alliance, the Republican Main Street Partnershi…

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Two Legislation Papers by Staszewski

…ed; and (4) establish the collateral consequences through litigation or by lobbying executive officials who are responsible for implementing the measure. The Article claims that structural flaws in the initiative process facilitate this technique and otherwise increase the risk that successful ballot measures will have collateral consequences that were not approved by the voters. The Article evaluates the ability to alleviate these problems throug…

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“527s Back in Lobby Bill”

…political groups known as 527s will be included in the House version of a lobbying bill that is slated for a vote this week, senior GOP aides said Tuesday.” Meanwhile the newspaper editorializes Bogus “Reform” (paid subscription required). Meanwhile, The Hill reports “Panel takes aim at lobby reform bill,” which begins: “Republicans on the House Appropriations Committee have threatened to kill the pending lobbying-reform bill unless leaders expan…

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Another View of Lobbying Reform

…continued efforts of “watchdog” groups to add grassroots provisions to the lobbying reform bill in the House, proposed legislation to regulate the grassroots might be the most indiscriminate, far-reaching effort to regulate political and faith-based speech and publication ever. Contrary to proponents of regulating the grassroots, the Senate-passed provisions do not target paid professional and “Astroturf” grassroots communications. The registratio…

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“House softens lobbying measure”

…USA Today offers this report, which begins: “WASHINGTON — House Republican leaders have quietly scaled back their plan to limit the political influence of lobbyists, dropping proposed requirements that lobbyists disclose which lawmakers and aides they have contacted and how they have raised money for politicians.” See also Dreier admits reform bill weaker than his proposals….

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“This case is not about grassroots lobbying. It’s a one-person crusade by Jim Bopp to take down a law he doesn’t like”

…sed to bring this as-applied challenge. “This case is not about grassroots lobbying. It’s a one-person crusade by Jim Bopp to take down a law he doesn’t like,” said Gerry Hebert, the Legal Center’s Executive Director and Director of Litigation. “The Christian Civic League had no plans to broadcast this ad prior to the June 13 Maine primary until they met Mr. Bopp.” Not only no plans to run the ad, but apparently no money to do so, even now. (See t…

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“Fate of 527 Bill Still Uncertain”

…t: “Language to bring 527 groups under federal limits remains in a broader lobbying reform package that House Members are expected to wrap work on in the next few weeks. If that provision is not stripped from the bill–in the Rules Committee, on the House floor or in conference, assuming it passes–Senate Democrats could be forced to vote against broader lobbying reform to protect 527 groups’ unfettered fundraising.” Meanwhile, Bob Bauer is skeptica…

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Lobbying Reform Report

…Eliza Newlin Carney’s latest National Journal column, Sputtering Out, begins: “The outlook for meaningful lobbying reform in this Congress has gone from bad to worse.” Meanwhile, on Sunday the NY Times offered Lobbying Cases Shine Spotlight on Family Ties, a must-read for anyone interested in how difficult lobbying reform would prove to be….

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Conference on “Influencing Congress: Scandals, Rules, Ethics, Politics”

…sor, University of Toronto Law School 11:45-1:00 Lunch 1:00-2:30 Panel II: Lobbying and Campaign Finance Reform Chair: Daniel Lowenstein Ray LaRaja, Assistant Professor, Political Science Department, University of Massachusetts, Trevor Potter , Attorney, Caplin and Drysdale Rick Hasen, Professor, Loyola School of Law Michael Malbin, Executive Director, Campaign Finance Institute, George Washington University 2:45-4:15 Panel III: Interest Groups, C…

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Lobbying Reform/527 Legislation Update

…drew close to finishing debate on a bill that would overhaul the chamber’s lobbying and ethics rules.” Roll Call offers Lobby Vote Teed Up for Today (paid subscription required), which begins: “Senators will vote on final passage of a lobbying reform package today, after moving last night to drop two key provisions by cutting off debate on the matter. To quickly wrap up work on the issue, Senators agreed to forgo votes on one provision that would…

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“Center for Responsive Politics Unveils New Lobbying Database”

…of ways: By the name of a lobbying client, or the entity that paid for the lobbying; By lobbying firm or individual lobbyist, including those employed in-house by a corporation or other organization; By industry or type of interest group, selecting from a list of more than 100—rom abortion-related causes to the wine, beer and liquor industry; By the issues the lobbying was intended to influence, from a list comprising nearly 80 categories; By the…

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“527 Reform May Be Needed, but Not in Lobby Bills”

…passes and the Republicans enjoy a double advantage (having taken care of “lobbying reform” while also hobbling a tool that has helped Democrats), or they can blame Democrats for being obstructionist over lobbying reform. More importantly, 527 reform has absolutely nothing to do with the kinds of scandals that led to the Abramoff or Cunningham deals. Abramoff and Cunningham were involved in the buying or selling of influence within Washington to t…

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Lobbyists Foresee Business As Usual; Post-Abramoff Rules Expected to Be Merely a Nuisance”

…he newspaper ran House GOP Leader Well Traveled; Privately Paid Trips Total Half a Year, that begins: “House Majority Leader John A. Boehner (Ohio), who rose to power in the wake of a congressional lobbying scandal, spent the equivalent of nearly six months on privately funded trips over the past six years, according to a new study by a nonpartisan research group.”…

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“Dreier Introduces Lobbying Accountability and Transparency Act of 2006”

…A), Chairman of the House Rules Committee, today introduced H.R. 4975, the Lobbying Accountability and Transparency Act of 2006, legislation to reform the lobbying and ethics rules of the House of Representatives. Among the original co-sponsors of the bill are Speaker of the House J. Dennis Hastert (R-IL), Majority Leader John Boehner (R-OH), other members of the GOP elected leadership and several committee chairmen. The legislation is expected to…

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“GOP Seeks Curbs On ‘527’ Groups”

…s this report, which begins: “House Republican leaders proposed changes in lobbying laws yesterday that would include a crackdown on independent, big-money committees that heavily aided Democrats in the 2004 elections. The proposed ethics package would increase the amount of information that lobbyists must disclose and would, at least temporarily, cut off privately financed travel for lawmakers. The bill would also force lawmakers to disclose the…

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“McCain Unveils Plan to Overhaul 527 Groups”

…rce in the 2006 elections. Those groups raised and spent more than $500 million in the previous cycle, with many of the organizations relying on multimillion-dollar donations from wealthy individuals to fund their activities. McCain’s initiative was submitted last Thursday as an amendment to the lobbying reform package debated by the Senate and is similar to a 527 proposal offered last year by Reps. Christopher Shays (R-Conn.) and Marty Meehan (D-…

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“The Senate Takes a Look at All Those Happy Pamphleteers”

…hich begins: “IN the eyes of one conservative group, a lesser-known Senate lobbying proposal would have forced Revolutionary patriots to reveal their leafleting routes to King George. A fanciful leap, for sure, but what the provision would do is require the disclosure of money spent on the kind of grassroots campaigns that involve paying lobbyists to recruit large numbers of people to call or write or e-mail their lawmakers and press their views o…

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“Timetable for Lobbying Reform Floundering in Senate”

…: “The partisan clash in the Senate over port security threw prospects for lobbying reform legislation further into doubt Thursday, after lawmakers failed to muster a two-thirds majority vote to end debate on the bill. The 47-51 vote against invoking cloture takes lobbying reform in the chamber off the table for now. Already facing a crowded schedule of votes on the budget and an increase in the debt ceiling next week, it is unclear whether lawmak…

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Another view of HR 1606

…rge category of speech, and it includes lots of very important grass-roots lobbying and true issue advocacy which I agree should be (and are) off-limits to FECA’s limits and prohibitions. That said, I’m convinced there’s also lots of purely campaign-related activity included in that category as well – activity to which I think it’s perfectly appropriate to apply FECA’s requirements, especially the corporate prohibition. This highlights, therefore,…

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“Senate Votes to Ban Gifts and Meals of Lobbyists”

…sts. But the bill is stalled: The Hill offers Fireworks as Schumer offers kill bill, which begins: Sen. Charles Schumer (D-N.Y.) triggered partisan fireworks yesterday as he offered an amendment that would ban Dubai Ports World from operating American ports to a lobbying-reform bill. Senate Republicans vowed to file for cloture in an effort to derail Schumer’s amendment as a senior aide to Majority Leader Bill Frist (R-Tenn.) denounced the senator…

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“Democrats Prepare for War Over Lobbying”

…miting gifts and travel sponsored by lobbyists; cracking down on the GOP’s lobbying-jobs program known as the K Street Project; and creating a new enforcement regime to oversee compliance with the rules.” Meanwhile, The Hill reports: “House Republican leaders have told their Senate counterparts that legislation curtailing the activity of so-called 527 soft-money groups will be included in the House lobbying-reform bill that leaders intend for conf…

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“An Office of Public Integrity: A Solution in Search of a Problem”

…ect the integrity of our legislative process and promote moral and ethical behavior. I commend the bipartisan efforts of the Homeland Security and Governmental Affairs and Rules committees, as well as members of our leadership, for their hard work in developing comprehensive lobbying reform legislation. While developing the lobbying reform package, some Members, individuals and groups have supported the creation of an Office of Public Integrity to…

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“Reforming Reform”

…es. It begins: “Congress may be in for some surprises if it tries to alter lobbying and ethics rules without considering how these changes affect campaign finance and elections. Bifurcating these issues may make sense as a tactic to ease the passage of legislation, but history suggests separating rules related to “petitioning the government” from elections is easier said than done. That’s because lobbying, ethics, and campaign reform share two rea…

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“Senate Draft on Lobbying Clamps Down on Earmarks; Rules Panel Would Target Narrow Spending and Require Prompt Disclosure of Meals Received”

The Washington Post offers this report. See also Lobbyist Turns Senator But Twists Same Arms in the NY Times, which begins: “It might be said that Senator John Thune went through the revolving door — backward. As a lobbyist in 2003 and 2004, Mr. Thune earned $220,000 from the Dakota, Minnesota & Eastern Railroad, a small but ambitious company in South Dakota. The railroad hopes to rebuild and rehabilitate 1,300 miles of track, the nation’s larges…

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“Court Rebuffs Call to Put WRTL Case On Fast Track for Ruling Early in ’06 Races”

…. Chamber of Commerce and three other organizations filed a petition with the FEC Feb. 16 asking that the commission try to resolve the issue of whether there should be an exception to BCRA’s electioneering communication rules for grass roots lobbying messages…FEC Chairman Michael Toner quickly responded to the rulemaking petition, telling BNA in a telephone interview Feb. 17 that the petition “raises issues of enormous importance which I believe…

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Federalist Society Panel on Campaign Finance Cases

…ovisions that restrict corporate electioneering should apply to grassroots lobbying on issues. In a case out of Vermont, the Court will consider whether states may place caps on spending and restrict the independent expenditures of other groups and individuals. Our panel will discuss to what degree the First Amendment remains an impediment to campaign finance restrictions and a protector of political speech, and how much deference Congress and leg…

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