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Welcome to the Holtzman Vogel Law Blog. We aim to keep you up to date on important legal developments and other items of interest. On this blog, we'll track developments in the news and changes to the rules and regulations affecting political committees, corporate PACs, trade associations, non-profit groups and advocacy organizations. We'll also keep you updated on the lobbying and ethics arena. The Law Blog is designed to supplement our regular newsletter.

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Jill Holtzman Vogel




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Monday, August 16, 2010
NYC's "Public Advocate" Bill de Blasio's Taxpayer-Funded Campaign Against Corporations That Exercise Their First Amendment Rights

Bill de Blasio is New York City's "Public Advocate."  He was elected citywide and is first in line to succeed the Mayor.  (If de Blasio's job is to advocate for the public, it is unclear what  is expected of New York City's other elected officials.)
 
Last week, we noted how de Blasio applied pressure to Goldman Sachs to extract a vow that the company would not spend money on elections.
 
Now, de Blasio's office has produced this webpage, which places the 100 largest corporations in the United States into one of three categories: (1) those who have pledged not to spend money in elections; (2) those who have no policy on electoral spending; and (3) those who are "prepared to spend corporate money in elections."  There are currently seven in the first category, and four in the third category.  The four in the latter category are Target, Best Buy, Massey Energy, and International Coal.  They were placed in this category based on news reports that they either have or were willing to spend corporate resources on electoral matters.
 
At this point, the advocacy begins.  If you move your cursor over, say, Target, you get a link to a news report of Target's political spending, and this message:  "Demand that corporations stop taking advantage of Citizens United.  Call Target at 1-800-440-0680."
 
If you highlight one of the middle category (no policy) companies, such as Alcoa or Apple, you find out whether the company has pledged not to spend and whether it has pledged to disclose all spending.  Then, "Hold Alcoa Accountable: Call Alcoa at 412-553-4545."
 
Why is de Blasio doing this?  After the Goldman Sachs announcement, de Blasio said, “This could be one of those moments that determines whether we are going to have a political system literally dominated by corporate money, or some ability by the people at the grass roots to determine the outcome of elections.”  In other words, he's clinging to the anti-distortion rationale that the Supreme Court rejected in Citizens United.  (Politico reports, "In an e-mailed statement, de Blasio says consumers can use the site to 'see which major companies are planning to distort our democracy.'")
In sum, what we have here is a taxpayer-funded effort encouraging the non-exercise of constitutional rights for reasons the Supreme Court has found to be illegitimate. 
 
 


Click here to read the entire post.
Tags: New York City, Corporate Campaign Activity



Saturday, November 28, 2009
NY Times: Bloomberg Spent $102 Million to Win 3rd Term

From the New York Times: "To eke out an election victory over the city’s low-key comptroller, Mayor Michael R. Bloomberg spent $102 million of his own fortune — or about $174 per vote — according to data released Friday, making his bid for a third term the most expensive campaign in the city’s history. . . . Mr. Bloomberg has now spent at least $261 million of his own money in the pursuit of public office, more than anyone else in the United States."

Click here to read the entire post.
Tags: New York City



Saturday, August 22, 2009
New York Times Editorializes on the Price of Voter Lists?

The Times calls for an investigation into the Working Families Party's Data and Field Services corporation, which provides voter lists to certain candidates. The Times is concerned they are charging below market rates, and wants the Campaign Finance Board to get to the bottom of it.

Click here to read the entire post.
Tags: New York City



Monday, March 23, 2009
New York Times: New York City’s Political Campaigning Industry Defies Downturn

According to the New York Times, "The city is contending with gaping budget holes, companies are slashing their operations, stores are shutting down, and workers are losing their jobs. But at least one industry is still going strong: political campaigns. In interviews, consultants, pollsters, election lawyers and other strategists said that business was, in fact, very good this year. There are city elections this fall, with a fair number of competitive races already off the ground. As of March 12, 216 candidates had registered with the city’s Campaign Finance Board, an unprecedented number this early in the election cycle, a board spokesman said."

Click here to read the entire post.
Tags: New York City, Fundraising