Earlier this month Joe Birkenstock was quoted in the IA Watch Weekly Briefing, discussing SEC pay to play.
“Advisers should take away great skepticism from the SEC [in this case] that segregating your operations like this means that you’re exempt from registration,” says Joseph Birkenstock, a partner with Sandler Reiff Lamb in Washington, D.C. The agency expects virtually all firms (except for venture capital and single-family offices) above a certain asset threshold to register, he adds. The relatively modest penalty assessed to TL Ventures suggests the Commission took into account the firms’ defense – that they were exempt-reporting advisers and thus not subject to the pay-to-play rule, continues Birkenstock.
Most of his clients have adapted to the pay-to-play rule with the motto “just don’t give contributions,” he states. Others hold to a policy that, if there’s any doubt, don’t allow the political contribution. The enforcement case presented “zero doubt” of a violation because the mayor of Philadelphia and the state’s governor clearly have influence over their respective employee public pensions, Birkenstock says. Some lower-level candidates can be tougher to figure out, arguing for caution to avoid the rule’s painful two-year time-out.
Dara Lindenbaum successfully represented Deni Taveras, a candidate for the Prince Georges County City Council in the absentee and provisional canvasses before the Prince Georges County Board of Elections. Ms. Taveras’ opponent went into the canvass ahead by six votes and expanded his lead to 13 votes after the first absentee ballot canvass. After the provisional ballot canvass, the lead changed hands and Ms. Taveras was ahead by 10 votes. When all the votes were counted, Ms. Taveras was certified the winner by a margin of six votes.
The entire article and accompanying photos may be found here.
Yesterday, Josh Rosenstein discussed post-campaign activities for federal officeholders, in an article discussing Eric Cantor’s next steps after his term expires.
“Cantor has more going for him than just his credentials: Between his leadership PAC and his campaign committee, the Virginia Republican has more than $2 million that he can use to support state and federal candidates.
However, when all is said and done, he might have less than that amount, said Joshua Rosenstein, a partner at Sandler, Reiff, Lamb, Rosenstein & Birkenstock. The candidate’s committee must refund any money to donors that had been designated for the general election.
Some politicians keep active leadership PACs even after they’re gone from Congress, Rosenstein said.”
Yesterday, Neil Reiff participated in an open forum hosted by the Federal Election Commission on political parties, with a special emphasis on state party committees. Reiff and state party leadership discussed the many burdens that federal law places on state party committees.
Some of the specific changes that party leaders are seeking were outlined by election law attorney Neil Reiff of the Washington law firm of Sandler Reiff Lamb Rosenstein & Birkenstock in a presentation to the FEC forum. Reiff, who represents Democratic Party committees, presented a series of recommendations that were adopted by the Association of State Democratic Chairs at a national meeting last November.
Key proposals include easing BCRA provisions and FEC rules that regulate state and local party funding of activities affecting federal elections. For example, party committees should have more leeway to sponsor activities using volunteers without running afoul of the FEC, the state party association said. It also recommended easing strict definitions of “federal election activity,” for which party committees must use federally regulated “hard money.”
The association said other requirements that hamstring state and local parties include: requirements to track how much time paid staff spend on federal campaigns; requirements for state party committees to file monthly reports with the FEC if they get involved in federal elections; and thresholds as low as $1,000 that trigger FEC reporting requirements for local parties promoting a federal candidate or engaging in activities that could affect federal elections.
After the hearing, the FEC released a statement, with Chairman Lee Goodman calling the meeting “extraordinarily helpful”.
Today, David Mitrani discussed the Federal Election Commission’s recemt advisory opinion on bitcoin contributions with CQ Roll Call, noting that:
“The important thing here is that the FEC actually agreed on the process,” concurred David Mitrani, an associate at Sandler Reiff Lamb Rosenstein and Birkenstock. But Mitrani acknowledged that the FEC’s frequent internal disputes can leave things hazy for political players: “When the commission votes 3-3, what does it mean?”
The FEC held that a federal campaign or committee may accept bitcoin contributions, if certain safeguards are implemented. Candidates have already begun to accept bitcoin contributions under the new system.
The entire CQ Roll Call article can be found here.
Last week, David Mitrani discussed the Federal Election Commission’s recent Advisory Opinion on bitcoin contributions with the New York Times, and with Vice News.
The FEC held that a federal campaign or committee may accept bitcoin contributions, if certain safeguards are implemented.
Mitrani told the New York Times, “should a committee really wish to accept Bitcoin, the F.E.C. has actually laid out a clear path to do so.” Mitrani told Vice News:
“. . .that the FEC has laid out a clear path for accepting bitcoin contributions. But he says it won’t be as simple as a PAC saying they want to accept the system. For example, they’ll have to implement a new software program to accept and legitimize the funds.”
The entire text of the New York Times article can be found here, and the entire text of the Vice News article can be found here.
The FEC’s opinion on accepting bitcoin contributions can be found here.
The Firm is proud to announce that Joseph M. Birkenstock has become a member of the Firm. Mr. Birkenstock, previously a member of Caplin & Drysdale, brings to the firm two decades of expertise in all aspects of political law. Firm founder Joseph Sandler stated, “We are truly excited that Joe , who worked with us for several years as chief counsel at the DNC, will be re-joining us and bringing to our practice his exceptional reputation and skill in the political law field.”
In addition to Mr. Birkenstock’s addition to the Firm, the Firm has elevated Joshua Rosenstein to Partner. In recognition of these changes, the Firm is being renamed SANDLER REIFF LAMB ROSENSTEIN & BIRKENSTOCK, P.C.
David Mitrani was quoted today in Politico about the application of the Citizens United case in state elections, and on state-level Super PACs. Mr. Mitrani highlighted the fact that several states still have not incorporated Citizens United into their laws.
Mr. Mitrani told Politico:
“In the states where there are holdouts, there is no legal impediment to the super PAC form,” said David Mitrani, an election attorney with the Democratic law firm Sandler Reiff Young & Lamb. “It is the law of the land.”
According to Mitrani, about a half-dozen states have still not incorporated a super-PAC like form into their election laws — and other lawsuits may follow.
The Super Lawyers 2014 Annual List of top attorneys in the Washington, D.C. metro area have just named Joseph Sandler, Neil Reiff and Joesph Birkenstock as three of only twenty-one lawyers for their outstanding work in the field of Legislative and Government Affairs. In addition, Elizabeth Howard was named as one of only five lawyers in the Rising Stars section for Administrative Law.