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Political Law Campaign Finance, Ethics & Elections Law 940-009 Fall 2005 Mondays and Wednesday (Sept. 7 – Dec. 7) 4:35 – 5:55 p.m., 2211 Law Political Law Campaign Finance, Ethics & Elections INTRO. SEPTEMBER 7 Introduction to Political Law – Concepts and Terminology Campaign Finance Guide Ch. 1 Brief History of Money & Politics Glossary (pp. 70-75) Lowenstein/Hasen Ch. 14 Introductory Readings on Campaign Finance (excerpts) (pp. 717 – 725) (pp. 741-760) WEEK 1 SEPTEMBER 12 & 14 The Regulators and The Regulated Campaign Finance Guide Ch. 2 Political Actors and their Activities Ch. 5 The Federal Election Commission “Campaign Finance and Bookkeeping Manual,” Wisconsin State Elections Board (April 2004) (excerpts) (SUPPLEMENT / PDF) Shays v. FEC (“Shays I”), No. 04 -5352 (414 F.3d 76) (D.C. Cir.) (July 15, 2005, reissued Sept. 1, 2005) (excerpt) (slip op. pp. 1-8, 44-57) (SUPPLEMENT / PDF) WEEK 2 SEPTEMBER 19 & 21 Bribery & Corruption “Mr Clean Gets Dirty: The Demise of Public Ethics in Wisconsin,” Dennis L. Dresang, Public Integrity, Vol. 5, No. 4 (Fall 2003) (SUPPLEMENT / PDF) Interested Clients Memorandum (April 27, 2001) (SUPPLEMENT / PDF) Fall 2005 Page 2 Lowenstein/Hasen Ch. 13 Bribery (pp. 663–715) People v. Hochberg, 62 A.D.2d 239, 404 N.Y.S.2d 161 (App. Div. 1978) People ex rel. Dickinson v. Van de Carr, 87 A.D. 386, 84 N.Y.S. 461 (App. Div. 1903) State v. Agan, 384 S.E.2d 863 (Ga. 1989), cert. denied, 494 U.S. 1057 (1990) McCormick v. United States, 500 U.S. 257 (1991) United States v. Sun-Diamond Growers of California, 526 U.S. 398 (1999) State v. Bowling, 427 P.2d 928 (Ariz. Ct. App. 1967) WEEK 3 SEPTEMBER 26 & 28 Buckley and Its Progeny Lowenstein / Hasen Ch. 15 The Buckley Framework (pp. 761–796) Buckley v. Valeo, 424 U.S. 1, 12-59 (1976) Ortiz, Daniel R., “The First Amendment and the Limits of Campaign Finance Reform,” The New Campaign Finance Sourcebook (April 2004) (excerpt) (pp. 1-16) (SUPPLEMENT / PDF) Buckley v. Valeo, 424 U.S. 1, 12-59 (1976) First National Bank of Boston v. Bellotti, 435 U.S. 765 (1978) FEC v. Mass. Citizens for Life, Inc. (MCFL), 479 U.S. 238 (1986) Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990) Colorado Republican Federal Campaign Committee v. FEC (Colorado I), 518 U.S. 604 (1996) FEC v. Colorado Republican Federal Campaign Committee (Colorado II), 533 U.S. 431 (2001) Fall 2005 Page 3 WEEK 4 OCTOBER 3 & 5 New Deference Quartet Lowenstein / Hasen Ch. 17 The New Deference (excerpt) (pp. 861–937) Nixon v. Shrink Missouri Government PAC, 528 U.S. 377 (2000) McConnell v. Federal Election Commission, 540 U.S. 93 (2003) FEC v. Colorado Republican Federal Campaign Committee (Colorado II), 533 U.S. 431 (2001) (SUPPLEMENT / PDF) FEC v. Beaumont, 539 U.S. 146 (2003) (SUPPLEMENT / PDF) Smith, Bradley A., “Campaign Finance Reform: Searching for Corruption in All the Wrong Places,” Cato Supreme Court Review, 2002-2003 (Sept. 2003) (SUPPLEMENT / PDF) Breyer, Justice Stephen, “Our Democratic Constitution,” Harvard University Tanner Lectures On Human Values 2004-2005 (Nov. 17, 2004) (SUPPLEMENT / PDF) WEEK 5 OCTOBER 10 & 12 Corporate Speech Robert M. La Follette, “Message to State Legislature: The Corporation in Campaigns and Elections,” Journal of the Senate (Jan. 12, 1905) (excerpt) (SUPPLEMENT / PDF) Robert M. La Follette, “Remarks to the State,” Journal of the Senate (Jan. 25, 1905) (excerpt) (SUPPLEMENT / PDF) Lowenstein / Hasen Ch. 16 After Buckley: Who May Be Regulated, and for What Reasons? (pp. 797–859) First National Bank of Boston v. Bellotti, 435 U.S. 765 (1978) FEC v. MCFL, 479 U.S. 238 (1986) Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990) Fall 2005 Page 4 WEEK 6 OCTOBER 17 & 19 Electioneering Communication (Express Advocacy and Issue Advocacy) Campaign Finance Guide Ch. 3 Regulation of Political Advertising (excerpt) (pp. 36-43) Lowenstein / Hasen Ch. 17 Issue Advocacy (excerpt) (pp. 937-956) McConnell v. Federal Election Commission, 540 U.S. 93 (2003) Federal Election Commission v. Furgatch, 807 F.2d 857 (9th Cir.), cert. denied, 484 U.S. 850 (1987) (SUPPLEMENT / PDF) Elections Board v. Wisconsin Manufacturers & Commerce, 227 Wis. 2d 650, 597 N.W.2d 721, cert. denied, 528 U.S. 969 (1999) (SUPPLEMENT / PDF) Wisconsin Realtors Ass’n v. Ponto, 233 F. Supp. 2d 1078 (W.D. Wis. 2002) (SUPPLEMENT / PDF) Wisconsin Right to Life v. FEC, Jurisdictional Statement to U.S. Supreme Court (U.S. May 23, 2005) (No. 04-1581) (SUPPLEMENT / PDF) WEEK 7 OCTOBER 24 & 26 Coordination and Independent Political Activities Federal Election Comm’n v. Christian Coalition, 52 F. Supp. 2d 45 (D.D.C. 1999) (excerpts) (SUPPLEMENT / PDF) Wisconsin Coalition for Voter Participation, Inc. v. Wisconsin Elections Board, 231 Wis. 2d 670, 605 N.W.2d 654 (Ct. App. 1999) (SUPPLEMENT / PDF) “Summary of Findings of Investigation of Complaint of Walt Kelly,” Wisconsin Department of Justice (March 22, 2000) (memorandum) (SUPPLEMENT / PDF) Wisconsin Elections Board letter to Susan Armacost (June 21, 2000) (SUPPLEMENT / PDF) Shays v. FEC (“Shays I”), Case No. 02 CV 01984 (U.S. App. D.C.) (July 15, 2005, reissued Sept. 1, 2005) (excerpt) (slip op. pp. 32-43) (SUPPLEMENT / PDF) Fall 2005 Page 5 WEEK 8 OCTOBER 31 & NOVEMBER 2 Political Broadcasting, the Media Exemption and the Internet Campaign Finance Guide Ch. 3 Regulation of Political Advertising (excerpt) (pp. 44-47) Political Broadcasting 2004, LaFollette Godfrey & Kahn (2004) (excerpts) (SUPPLEMENT / PDF) McCain, John S., “Free Air Time: The Continuing Reform Battle,” 2 Election Law Journal 171 (2003) (SUPPLEMENT / PDF) Potter, Trevor and Jowers, Kirk L., “Election Law and the Internet,” The New Campaign Finance Sourcebook (Feb. 2005) (SUPPLEMENT / PDF) FEC’s Notice of Proposed Rulemaking 2005-10: Internet Communications (SUPPLEMENT / PDF) Comments submitted by Campaign Legal Center / Democracy 21 / Center for Responsive Politics (June 3, 2005) Comments submitted by Eschaton / DailyKos / The Blogging of the President (June 3, 2005) WEEK 9 NOVEMBER 7 & 9 Campaign Finance “Reform” and Public Financing Campaign Finance Guide Ch. 4 Public Funding of Presidential Elections (pp. 48 - 55) Lowenstein / Hasen Ch. 18 Public Financing (pp. 957–988) Daggett v. Commission on Governmental Ethics and Elections Practices, 205 F.3d 445 (1st Cir. 2000) Lowenstein / Hasen Chapter 19 Campaign Finance Disclosure (pp. 989–1024) Buckley v. Valeo, 424 U.S. 1, 60-84 (1976) McIntyre v. Ohio Elections Commission, 514 U.S., 334 (1995) Fall 2005 Page 6 McConnell v. FEC, 540 U.S. 93 (2003) Shays v. FEC (“Shays II”), Plaintiffs’ Memorandum in Support of Plaintiffs’ Motion for Summary Judgment (D.D.C) (Apr. 29, 2005) (excerpt) (SUPPLEMENT / PDF) Shays v. FEC (“Shays II”), Defendant FEC’s Memorandum in Support of the Commission’s Motion for Summary Judgment, and in Opposition to Plaintiffs’ Motion for Summary Judgment (D.D.C.) (June 7, 2005) (excerpt) (SUPPLEMENT / PDF) Vermont Republican State Committee v. Sorrell, Petition for Writ of Certiorari to U.S. Supreme Court (U.S. May 12, 2005) (No. 04-1530) (SUPPLEMENT / PDF) WEEK 10 NOVEMBER 14 & 16 Internal Revenue Code and Tax Exempt Organizations “Characteristics of and Reporting Requirements for Select Tax-Exempt Organizations,” Congressional Research Service (Mar. 8, 2001) (SUPPLEMENT / PDF) “The New Stealth PACs: Tracking 501(c) Non-Profit Groups Active in Elections,” Public Citizen’s Congress Watch (Sept. 2004) (excerpt) (SUPPLEMENT / PDF) Kingsley, Elizabeth & Pomeranz, John, “A Crash at the Crossroads: Tax and Campaign Finance Laws Collide in Regulation of Political Activities of Tax-Exempt Organizations,” 31 Wm. Mitchell L. Rev. 55 (2004) (SUPPLEMENT / PDF) Foley, Edward B. & Tobin, Donald, “The New Loophole? 527’s, Political Committees and McCain-Feingold,” BNA Money & Politics Report (Jan. 7, 2005) (SUPPLEMENT / PDF) WEEK 11 NOVEMBER 21 Judicial Elections Republican Party of Minnesota v. White, 536 U.S. 765 (2002) (SUPPLEMENT / PDF) Republican Party of Minnesota v. White, 416 F.3d 738 (8th Cir. 2005) (SUPPLEMENT / PDF) Randall v. Sorrell, Brief Amici Curiae of Current and Former State Court Justices and Judges (U.S. June 15, 2005) (No. 04-1528) (SUPPLEMENT / PDF) Fall 2005 Page 7 Abrahamson, Hon. Shirley, “Making judicial independence a campaign issue,” Wisconsin Lawyer (Feb. 2005) (SUPPLEMENT / PDF) WEEK 12 NOVEMBER 28 & 30 Third Parties / Independent Candidates / Debates Lowenstein / Hasen Ch. 10 Third Parties and Independent Candidates (pp. 533–579) Munro v. Socialist Workers Party, 479 U.S. 189 (1986) Buckley v. Valeo, 424 U.S. 1, 85-109 (1976) Timmons v. Twin Cities Area New Party, 520 U.S. 351 (1997) Arkansas Educational Television Commission v. Forbes, 523 U.S. 666 (1998) Becker v. Federal Election Commission, 230 F.3d 381 (1st Cir. 2000), cert. denied, 532 U.S. 1007 (2001) (SUPPLEMENT / PDF) Hagelin v. FEC, 411 F.3d 237 (D.C. Cir. 2005) (SUPPLEMENT / PDF) WEEK 13 DECEMBER 5 & 7 Ethics & Lobbying Regulation Wisconsin Ethics Board: Overview (2005) (pamphlet) (SUPPLEMENT / PDF) “Ethics Code Requirements,” Wisconsin Legislator Briefing Book 2005-06 (SUPPLEMENT / PDF) A Brief History of Wisconsin’s Lobbying Law (2003) (pamphlet) (SUPPLEMENT / PDF) “Lobbying Law Requirements,” Wisconsin Legislator Briefing Book 2005-06 (SUPPLEMENT / PDF) 2005 Wisconsin Senate Bill 1 (except) (SUPPLEMENT / PDF) “The Lobbying Disclosure Act of 1995: A Brief Description,” Congressional Research Service (January 4, 1996) (SUPPLEMENT / PDF) Fall 2005 Page 8 Resources Federal Election Campaign Laws, Compiled by the Federal Election Commission (Sept. 2004) 11 Code of Federal Regulations: Federal Elections (Jan. 1, 2005) Wisconsin Statutes - Ch. 5 – 12 (Election and Campaign Finance Provisions) - Ch. 13, Subch. III (§ 13.61 – § 13.75) (Regulation of Lobbying) - Ch. 19, Subch. III (§ 19.41 – § 19.59) (Code of Ethics for Public Officials and Employees) Wisconsin Administrative Code ElBd – State Elections Board Eth – State Ethics Board Internet Sites Federal Election Commission: www.fec.gov State Elections Board: elections.state.wi.us State Ethics Board: ethics.state.wi.us Lobbying, PACs, and Campaign Finance: 50 State Handbook, State Capital Law Firm Group (2005 Ed.).
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