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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Franken asks state officials for election certificate

The AP reports that the Franken campaign has sent a letter to Minnesota Governor Tim Pawlenty and Secretary of State Mark Ritchie asking that they issue an election certificate to Al Franken so that he may be seated by the Senate.  The letter says that the Senate shall be the judge of the election and qualifications of its own members and that the ongoing election contest should not stop the two officials from issuing the certificate.  The Senate last week said that it would not seat Roland Burris, who was appointed by a scandal-tainted Governor Blagojevich to fill President-elect Obama’s Senate seat, without a certificate signed by the state’s governor and secretary of state.  This implies that they will not seat a winner from Minnesota without a certificate either.  However, the same AP report questions whether Senate rules require a certificate or just provide recommendations for the form of such certificates and the keeping of records.  Illinois’ attorney general says no law requires the Secretary of State’s signature on appointments.  The Franken campaign plans to file documents in Coleman v. Franken later today.  Any new filings will be posted to our case page.

Commentary

Donald B. Tobin

FAQ on social welfare organizations

Donald B. Tobin

The Frank E. and Virginia H. Bazler Designated Professor in Business Law and a senior fellow at Election Law @ Moritz explains the nuances of social welfare organizations and federal regulations related to them.

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In the News

Donald B. Tobin

How Did The IRS Get The Job Of Vetting Political Activity?

Professor Donald Tobin was interviewed by the Boston NPR station on its show Here & Now about the Internal Revenue Service's investigation into groups classified as social welfare organizations (marked by the 501(c)(4) tax classification). The IRS was in search of groups that are not focusing primarly on the social welfare of the country, but have a strong political advocacy facet. Political advocacy groups might want to be classified as 501(c)(4) organizations because under that classification they do not have to disclose their donors.

"The key is if you going to be engaged in candidate-type advocacy, and if you're going to intervene in elections and engage in election advocacy, we want disclosure of who your donors are," Tobin said.

“What groups are trying to do here is avoid having to disclose,” Tobin continued. “By earning the classification of social welfare, they’re avoiding the campaign disclosure that’s required for political organizations. So that’s really the underpinning of why we have this mess of the IRS having to get in and investigate and figure out whether an organization is political or not.”

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Info & Analysis

Ohio House Committee Recommends Upholding Landis' Election Victory

Yesterday, an Ohio House of Representatives committee recommended 5-4 that the Ohio House uphold the election victory of Republican State Representative Al Landis over Democratic challenger Josh O'Farrell. In February, the Ohio Supreme Court sent the O'Farrell v. Landis record to the House for consideration. According to an article in the Canton Repository, committee chairman and State Representative Matt Huffman said he expects a vote by the full House later this month.

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