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Feb 1, 2008 -- Legal Center Weekly Report: February 1, 2008
CLC Urges DOJ to Address Lobbying Disclosure Act Enforcement Backlog
In a letter to Attorney General Michael Mukasey this week, Campaign Legal Center Executive Director J. Gerald Hebert pressed for the Department of Justice (DOJ) to address enforcement lapses related to the Lobbying Disclosure Act. More than 900 potential violations of the Act referred to DOJ by the Secretary of the Senate remain unresolved. The massive backlog of cases only recently came to light as a result of disclosure provisions in the Honest Government and Open Leadership Act (HLOGA).
Although the Secretary of the Senate has referred more than 3,500 cases of "potential non-compliance" with the LDA to the U.S. Attorney's office, little action has reportedly been taken by the Department of Justice beyond sending letters to the potential violators requesting violators to comply with the law and to file promptly the necessary disclosure documents.
The letter pointed out that under HLOGA, a number of lobbying disclosure violations will now enter the criminal code. Hebert urged the Attorney General to take steps to ensure that future enforcement lapses do not occur and that the backlog of potential violation is addressed quickly and appropriately.
Legal Center Staff Offers Guidance on New Lobbying and Ethics Law
As a reference and educational tool Campaign Legal Center staff, compiled a two page summary of the Honest Government and Open Leadership Act (HLOGA) for distribution to Members, congressional staffers and reporters and editors. The document summarizes the guidance and rules issued by the ethics committees and the Federal Election Commission (FEC) on the new lobbying and ethics law. Also incorporated is a timetable outlining when various provisions are slated to take effect and what provisions still must be clarified by Congress or the FEC. The Legal Center will continue to update the document and periodically redistribute it to the media and congressional offices until the new law has been completely implemented and interpreted.
CLC Associate Legal Counsel Paul S. Ryan testified telephonically on January 31 before the State of Vermont House Committee on Government Operations regarding a pending campaign finance reform bill, S. 278. The bill, which has already been passed by the Vermont Senate, would reinstate campaign contribution limits for state office races in the aftermath of the U.S. Supreme Court's 2006 decision in Randall v. Sorrell, whereby the Court invalidated the state's previous limits as unconstitutionally low. The pending legislation addresses the concerns articulated by the Randall Court by increasing the contribution limits substantially (the % increase varies with the office and the type of donor), establishing exemptions from the contribution limits for certain volunteer and political party activities and incorporating a periodic cost of living adjustment for the limits.
On January 25, 2008, Legal Center Executive Director J. Gerald Hebert testified before the Texas State House of Representatives Elections Committee. The committee held hearings to consider the possible enactment of a voter ID bill and to discuss the issue of voter fraud.
Hebert's testimony focused on the lack of actual voter fraud cases in Texas and the selective prosecution of persons for minor infractions.
Legal Center Blog Highlights
Each week, the Campaign Legal Center staff posts blog entries on its site, www.clcblog.org. Click to read this week's entry: "The Media Got it Wrong" To sign up for the blog, click here.
To read a variety of this week's editorials and articles on a variety of Campaign Legal Center issues, please click here.
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