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SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1000 CAMPAIGN PRESENTATION

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1000 CAMPAIGN PRESENTATION. November 20, 2009 Presented by Rebecca J. Olson Olson, Hagel & Fishburn, LLP www.olsonhagel.com. Overview. This presentation will cover the following topics: Supporting/Opposing State Candidates

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SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1000 CAMPAIGN PRESENTATION

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  1. SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1000CAMPAIGN PRESENTATION November 20, 2009 Presented by Rebecca J. Olson Olson, Hagel & Fishburn, LLP www.olsonhagel.com

  2. Overview This presentation will cover the following topics: • Supporting/Opposing State Candidates • Supporting/Opposing Federal Candidates • Reporting Campaign Activity

  3. Overview • Campaign activities are regulated by state, federal and sometimes local agencies • Generally, the law regulates the use of money in campaigns

  4. SUPPORTING STATE CANDIDATES

  5. SUPPORTING STATE CANDIDATES The Local can support state candidates in the following three basic ways: • Contributions • Independent Expenditures • Member Communications

  6. CONTRIBUTIONS Unions, through their political action committees, or PACs, can make monetary or in-kind contributions to state candidates

  7. CONTRIBUTIONS Contributions made to state candidates are limited Legislative Candidates: $3,900/$7,800 per election Statewide Candidates (Except Gov.): $6,500/$12,900 per election Governor Candidates: $25,900 per election

  8. SUPPORTING STATE CANDIDATESIndependent Expenditures An independent expenditure is an expenditure made in connection with a communication which expressly advocates the election or defeat of a clearly identified candidate, or taken as a whole and in context, unambiguously urges a particular result in an election but which is not made to or at the behest of the affected candidate or committee.

  9. INDEPENDENT EXPENDITURES • Are not subject to contribution limits • Are made from the Local’s independent expenditure PAC • Cannot be made in coordination with the candidate • If coordinated, become contributions and are subject to limits

  10. INDEPENDENT EXPENDITURES Expenditures are coordinated, and therefore subject to limits, if they are “made at the behest of” the affected candidate

  11. INDEPENDENT EXPENDITURES A particular expenditure is “made at the behest of” a candidate if it is made: • Under the control • At the direction of • In cooperation, consultation, coordination or concert with • At the request or suggestion of or with express, prior consent of the candidate

  12. INDEPENDENT EXPENDITURES Communications become contributions and are no longer independent if made: 1. After the candidate or committee has made or participated in making any decision regarding content, timing, location, mode, intended audience, volume of distribution, or frequency of placement of the communication, OR

  13. INDEPENDENT EXPENDITURES 2. After discussion between the creator, producer, or distributor of the communication, or the person paying for that communication, and the candidate or committee, regarding the content, timing, location, mode, intended audience, volume of distribution, or frequency of placement of the communication, the result of which is agreement on any of these topics

  14. SUPPORTING STATE CANDIDATES Keeping Independent Expenditures Independent

  15. INDEPENDENT EXPENDITURES Prohibitions • No sharing of information obtained from the candidate, committee or agent of either • No sharing of staff • Firewall

  16. INDEPENDENT EXPENDITURES Acceptable Contact • Interviewing the candidate about issues • Obtaining photo, bio, position paper, press release or other material • Making a contribution • Inviting the candidate to appear to discuss issues • As long as no exchange of info

  17. SUPPORTING STATE CANDIDATES MEMBER COMMUNICATIONS

  18. MEMBER COMMUNICATIONS • Includes only communications to member and member’s family • Applies only to communications made by union to members • Does not apply to sending out candidate’s brochures – must be the union’s message • May be coordinated with candidate’s campaign

  19. SUPPORTING STATE CANDIDATES Q: Can unions do coordinated communications with a candidate and independent expenditures for the same candidate?

  20. SUPPORTING STATE CANDIDATES A: Yes. Just because a union coordinates its member communications or contributions with the candidate does not mean it cannot also make independent expenditures. However, precautions must be taken to maintain the independence of the IEs

  21. SUPPORTING STATE CANDIDATES • One precaution that can be taken by the union is called a firewall • Firewall can lessen the likelihood of coordination • Does not guarantee the independence of IEs

  22. SUPPORTING STATE CANDIDATES • While a firewall can diminish the likelihood of coordination between the candidate and the independent expenditure staff, each case is evaluated based on whether actual coordination occurred

  23. SUPPORTING STATE CANDIDATES • Remember, an independent expenditure is not independent if it is “made at the behest of” the candidate

  24. SUPPORTING FEDERAL CANDIDATES • Federal elections governed by federal laws • No union contributions or expenditures permitted in federal elections except through a federal PAC

  25. FEDERAL CANDIDATES • Major exception for member communications by unions • Permitted if directed only to union members and their immediate families • Reportable to Federal Election Commission when costs exceed $2,000 per election • No coordination with federal candidates • Member=Members of all affiliated labor organizations • Labor Fed and CLC communicate with members of all affiliated local unions.

  26. CAMPAIGN REPORTING

  27. CAMPAIGN REPORTING INDEPENDENT EXPENDITURES CALPERS ELECTION • Late Independent Expenditure Reports (FPPC Form 496) • Supplemental Independent Expenditure Reports (FPPC Form 465)

  28. CAMPAIGN REPORTING INDEPENDENT EXPENDITURES CALPERS ELECTION Late Independent Expenditure Reports are due within 24 hours of making independent expenditures $1,000 or more during the last 90 days before the election

  29. CAMPAIGN REPORTING INDEPENDENT EXPENDITURES CALPERS ELECTION Supplemental Independent Expenditure Reports are due at the same time the candidates in the race are required to file

  30. CAMPAIGN REPORTING INDEPENDENT EXPENDITURES CALPERS ELECTION Late Independent Expenditure Reports for the runoff election are due within 24 hours of the expenditure from now until Election Day, December 4th

  31. CAMPAIGN REPORTING INDEPENDENT EXPENDITURES CALPERS ELECTION Late Independent Expenditure Reports for the runoff election are due within 24 hours of the expenditure from now until Election Day, December 4th

  32. QUESTIONS

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