Petition to FEC for Rulemaking to Revise 11 C.F.R. § 100.52 (Independent Expenditure Donor Reporting)

PDF of letter available here Federal Election Commission Office of General Counsel 1050 First Street NE Washington, D.C. 20463 Re: Petition for Rulemaking to Revise 11 C.F.R. § 100.52 Dear Commissioners: Pursuant to 11 C.F.R. §§ 200.1-200.6, the Institute for Free Speech petitions the Federal Election Commission to conduct a rulemaking to amend the definition of “Contribution” […]

Filed Under: Blog, Disclosure, Disclosure, Disclosure Federal, Disclosure Press Release/In the News/Blog, External Relations Comments and Testimony, Federal Comments and Testimony, CREW v. FEC, Enforcement, FEC, federal election commission, Independent Expenditure Reporting

Washington Examiner: Gov. Steve Bullock’s nosy lawsuit to make the IRS collect more of your data (In the News)

By Allen Dickerson
As the Supreme Court noted in 1976, when the government demands to know “the giving and spending of money” our freedoms are threatened, “for financial transactions can reveal much about a person’s activities, associations, and beliefs.” It was not for nothing that the IRS was one of Richard Nixon’s favorite tools to harass critics and rivals.
So when the IRS announced it would stop requiring that some nonprofit groups, including labor unions, report the names and addresses of their major donors, everyone should have breathed a sigh of relief. If it doesn’t have this information, the Trump administration cannot misuse it for political gain, or to promote the harassment of donors to left-wing causes.
But Bullock disagrees. His complaint, filed July 24 in federal court, argues that the IRS did not have the statutory power to cease collecting donor information. He’s wrong.
Congress expressly gave the IRS wide discretion to determine the information it needs from nonprofit groups. And federal regulations allow the IRS commissioner to “relieve any … class of organizations … from filing” information when “he determines that such returns are not necessary for the efficient administration of the internal revenue laws.”
Here, the commissioner determined that because contributions to these non-profits (as opposed to 501c(3) non-profits) are not tax-deductible, there is no need to collect donor information to ensure people aren’t improperly claiming deductions. And given the obvious privacy concerns, it was unwise to keep a list of sensitive financial transactions lying around on the IRS’ servers.
Despite all this, Gov. Bullock sued because he would very much like access to private donor information – but without the inconvenience of having to set up his own procedures for getting it.

Filed Under: Allen Dickerson, In the News, Published Articles

Comments to FEC on Notice 2018-06 (Proposed Rulemaking on Internet Communication Disclaimers and the Definition of “Public Communication”)

PDF of letter available here VIA ELECTRONIC SUBMISSION SYSTEM Federal Election Commission Attn: Neven F. Stipanovic Acting Assistant General Counsel 1050 First Street N.E. Washington, D.C. 20463 RE: Notice of Proposed Rulemaking on Internet Communication Disclaimers and the Definition of “Public Communication” (Notice 2018-06) Dear Chair Hunter, Vice Chair Weintraub, and members of the Federal […]

Filed Under: Blog, External Relations Comments and Testimony, Federal, Federal Comments and Testimony, disclaimers, federal election commission, Internet Ad Disclaimers, Internet Speech Regulation

Comments to FEC on Notice 2018-05 (Rulemaking Petition Concerning Former Candidates’ Personal Use)

PDF of letter available here VIA ELECTRONIC MAIL Robert M. Knop Assistant General Counsel Federal Election Commission 1050 First Street NE Washington, DC 20463 RE: Notice 2018-05, Rulemaking Petition Concerning Former Candidates’ Personal Use, REG 2018-01 Dear Mr. Knop: The Institute for Free Speech (“the Institute”)[1] respectfully submits the following comments in response to Notice […]

Filed Under: Blog, External Relations Comments and Testimony, Federal, Federal Comments and Testimony, federal election commission, Personal Use

Testimony of Allen Dickerson to the U.S. House Oversight and Government Reform Committee’s Subcommittee on Information Technology on Internet Speech Regulation

PDF of testimony available here Testimony of Allen Dickerson Legal Director, Center for Competitive Politics October 24, 2017 Thank you for the opportunity to provide written testimony, on behalf of the Center for Competitive Politics (“CCP” or “Center”), to the Subcommittee on Information Technology of the Committee on Oversight and Government Reform. This subcommittee’s consideration […]

Filed Under: Blog, Disclosure, Disclosure Comments, Disclosure Federal, Disclosure Press Release/In the News/Blog, External Relations Comments and Testimony, Federal, Federal Comments and Testimony, disclaimers, Facebook, Foreign Influence, Google AdWords, Internet Speech Regulation, Twitter

Constitutional and Practical Issues with Colorado House Bills 17-1261 and 17-1262

VIA ELECTRONIC MAIL The Honorable Vicki Marble The Honorable Jerry Sonnenberg RE: Constitutional and Practical Issues with House Bills 17-1261 and 17-1262 Dear Chair Marble, Vice-Chair Sonnenberg, and Members of the Senate State, Veterans, and Military Affairs Committee: On behalf of the Center for Competitive Politics (“the Center”),[1] we respectfully submit the following comments on […]

Filed Under: Blog, Disclosure, Disclosure, Disclosure Comments, Disclosure State, External Relations Comments and Testimony, State Comments and Testimony, disclaimers, Electioneering Communications, Colorado

Comments to FEC Regarding Notice 2016-11: Rulemaking Petition: Political Party Rules

VIA ELECTRONIC SUBMISSION SYSTEM Federal Election Commission Attn.: Mr. Neven F. Stipanovic Acting Assistant General Counsel Federal Election Commission 999 E Street, N.W. Washington, D.C. 20463 RE: Notice 2016-11: Rulemaking Petition: Political Party Rules Dear Mr. Stipanovic: The Center for Competitive Politics (the “Center” or “CCP”),[1] respectfully submits these comments in response to Notice 2016-11.[2] […]

Filed Under: Blog, Contribution Limits, Contribution Limits Comments, Contribution Limits Federal, External Relations Comments and Testimony, Federal, Federal Comments and Testimony, coordination, FEC, federal election commission, Owen Yeates, State Political Parties

Comments to FEC Regarding Notice 2016-10: Rulemaking Petition: Implementing the Consolidated and Further Continuing Appropriations Act, 2015

VIA ELECTRONIC SUBMISSION SYSTEM Federal Election Commission Attn.: Mr. Neven F. Stipanovic Acting Assistant General Counsel Federal Election Commission 999 E Street, N.W. Washington, D.C. 20463 RE: Notice 2016-10: Rulemaking Petition: Implementing the Consolidated and Further Continuing Appropriations Act, 2015 Dear Mr. Stipanovic: The Center for Competitive Politics (“the Center”)[1] respectfully submits these comments in […]

Filed Under: Blog, Contribution Limits, Contribution Limits Comments, Contribution Limits Federal, External Relations Comments and Testimony, Federal, Federal Comments and Testimony, FEC, federal election commission, Owen Yeates, Political Parties

Comments to FEC regarding Revising Rules on Online Disclaimers to Adapt to New or Emerging Technologies

Via Electronic Filing Attn: Neven F. Stipanovic Acting Assistant General Counsel Federal Election Commission 999 E Street N.W. Washington, D.C. 20463 On October 18, the Commission announced its intention to make “revisions to [its] rules” regarding online disclaimers “in order to adapt to new or emerging technologies.”[1] In response to that Notice, the Center for […]

Filed Under: Blog, External Relations Comments and Testimony, Federal, Federal Comments and Testimony, Issues, disclaimers, FEC, Federal Election Commision, technology

Comments to FEC Commissioner Ravel on Proposal to Rescind AO 2006-15 (TransCanada) (FEC Agenda Document No. 16-32-A)

VIA ELECTRONIC MAIL Federal Election Commission 999 E Street, N.W. Washington, D.C. 20463 RE: Commissioner Ravel’s Proposal to Rescind AO 2006-15 (TransCanada) (FEC Agenda Document No. 16-32-A) Dear Chairman, Vice Chairman, and Commissioners: The Center for Competitive Politics (“the Center”),[1] respectfully submits comments in response to Commissioner Ravel’s Proposal to Rescind Advisory Opinion (“AO”) 2006-15 […]

Filed Under: Blog, External Relations Comments and Testimony, Federal, Federal Comments and Testimony, Issues, Advisory Opinion 2016-15, Ann Ravel, Federal Election Commision, TransCanada

The Center for Competitive Politics is now the Institute for Free Speech.