Since the early days of the internet, the Federal Election Commission (FEC) has kept its hands off of unpaid online political expression. Though federal campaign finance law generally treats paid online communications as something of value subject to contribution limits and public disclosure, the FEC has long carved out an exception for internet communications that
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FARA and the Upcoming NATO Summit in Washington, DC—A Potential Minefield for Lobbyists, Public Affairs Firms, and Nonprofits
This week, world leaders from 32 countries are descending on Washington, DC for the North Atlantic Treaty Organization’s (NATO) 75th anniversary summit. Whenever world leaders gather in one place, there will be many add-on meetings outside of the formal event at the Washington Convention Center. Lobbyists, public affairs firms, and nonprofits involved on the sidelines…
Political Giving: A Primer for High-Net-Worth Individuals and Family Offices
For many years, supporters of a candidate or a cause simply wrote a check and asked friends and colleagues to do the same. But the opportunities to influence elections and public policy have evolved significantly, allowing today’s high-net-worth individuals and family offices to better maximize political influence, while balancing those gains with financial goals and…
Changes to Maryland Pay-to-Play Law Will Expand Reporting Obligations, Boost Public Scrutiny of State Public Contractors
Starting this July, Maryland’s “pay-to-play” law, which requires public contractors to file campaign contribution disclosure reports with the State Board of Elections, will require for the first time that local government contractors disclose their beneficial owners while streamlining such reporting for state contractors. The law hands authority to the state election board to impose penalties…
A Guide to Supporting the 2024 Presidential Nominating Conventions: From Hosting Events to Writing a Check
As summer draws near, the tempo of the planning and fundraising for the DNC and RNC national party presidential nominating conventions is increasing. After the challenges and disruptions of the COVID-19 pandemic in 2020, both parties are eager for a return to robust in-person attendance. For corporations, trade associations, and other nonprofit organizations seeking to…
FEC Allows Nonfederal Committee to Coordinate Paid Canvassing Efforts with Federal Candidates
The Federal Election Commission has issued an advisory opinion making it much easier for federal candidates to offload their paid canvassing programs onto state PACs, nonprofits, and super PACs. While the campaign will need to pay for access to data collected, outside groups can now coordinate their canvassing activities—including the content of messages that expressly…
Synthetic Content, Real Regulations: Regulation of Artificial Intelligence in Political Advertising
As campaigns explore new ways to harness artificial intelligence, regulators are rushing to keep pace ahead of the 2024 elections. The explosion in generative AI has put pressure on lawmakers and advertising platforms alike to stay ahead of deepfakes, voice clones, and other political advertising that may deceive voters or spread misinformation, all while balancing…
Citing Upcoming Elections, FCC Extends TCPA to Cover AI-Generated Content
Is a phone call that uses artificial intelligence to imitate a real person “an artificial or prerecorded voice,” subject to the restrictions of the Telephone Consumer Protection Act? The Federal Communications Commission unanimously answered yes in a recent declaratory ruling, foreclosing creative arguments that a “voice clone” is a live call and not an artificial…
New Pay-to-Play Law Expands Contribution Ban, Disclosure for California Contractors
California recently expanded its pay-to-play law to prohibit a company seeking a license, permit, or non-competitively bid contract, along with certain of the company’s affiliates, agents, and employees, from contributing more than $250 to a local elected official of the agency in question. This will include city councils and county boards of supervisors, and their…
DC Pay-to-Play Law Takes Effect On November 9, 2022
As we previously blogged, the District of Columbia’s pay-to-play law will go into effect on November 9, 2022. The law prohibits businesses doing or seeking to do business with the DC government from making certain political contributions if the contracts involved are worth an aggregate value of $250,000 or more. The contribution ban also…