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cascadiance

(19,537 posts)
Tue Sep 2, 2014, 06:26 PM Sep 2014

Can we overturn McCutcheon based on "corporate persons" not being U.S. Citizens?

There is a Board of Elections lawyer's ruling that disallowed someone from running a corporation as a candidate for elective office because they weren't "over the age of 18" and they "weren't a U.S. Citizen. Read here.

http://www.harikari.com/politics/first-corporate-person-candidate-for-congress.html

...
For starters, candidates must officially register to vote as a Republican to run in a Republican primary in Maryland. Late this week, the Montgomery County Board of Elections wrote to Murray Hill, informing the firm that its voter registration application had been rejected.

It seems the corporation does not meet the “minimum requirements” for voter registration, which include being a U.S. citizen and at least 18, according to Kevin Karpinski, a lawyer for the county elections board.

Just another case of The Man sticking it to Corporate America.
...


And there are rules prohibiting those that aren't citizens from contributing to political campaigns too. The above ruling established that even as a "corporate person" a corporation doesn't have U.S. citizenship.

http://www.fec.gov/ans/answers_general.shtml#Can_nonUS_citizens_contribute

...
Can non-US citizens contribute?
Foreign nationals are prohibited from making any contributions or expenditures in connection with any election in the U.S. Please note, however, that "green card" holders (i.e., individuals lawfully admitted for permanent residence in the U.S.) are not considered foreign nationals and, as a result, may contribute. For additional information, consult our "Foreign Nationals" brochure.
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Can we get this started now?... The sooner we can at least stop money flowing in to campaigns after McCutcheon ruling, the better! At least perhaps get a lower court ruling to establish this before the Supremes can hear it later this fall if possible.
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Can we overturn McCutcheon based on "corporate persons" not being U.S. Citizens? (Original Post) cascadiance Sep 2014 OP
You seem to have some facts confused. former9thward Sep 2014 #1
You are right that there are federal laws preventing corporations directly contributing... cascadiance Sep 2014 #2

former9thward

(33,424 posts)
1. You seem to have some facts confused.
Tue Sep 2, 2014, 06:32 PM
Sep 2014

It is against federal law for corporations and labor unions to contribute to federal campaigns. They don't. That has been the law for over 100 years. You can look over any FEC candidate financial reports and you will not find corporate contributions.

People who are part of corporations or labor unions may contribute to candidates and they do. McCutcheon did not involve corporations. Federal Election law prohibited individuals from contributing more than an aggregate of $46,200 to candidates (with a limit of about $2600 to an individual candidate) and $70,800 to political parties for a total of $117,000 per election cycle. The Supreme Court knocked down those limits.

 

cascadiance

(19,537 posts)
2. You are right that there are federal laws preventing corporations directly contributing...
Tue Sep 2, 2014, 06:59 PM
Sep 2014

But the way these courts have worked with "corporate personhood" I'm sure that some right wing judge either in a lower court or on SCOTUS will get in their mind that corporations through the so-called constitutional "rights" of "corporate personhood" qualify them as "individuals" to make campaign contributions, and therefore overturn this law, just like they in effect overturned McCain Feingold legislation earlier.

The money is free speech campaign part of move to amend is critical to overturning the McCutcheon ruling, but this other case should hopefully at least be some ammo in a lawyer's suitcase to present if some other corporation tries to get the right through a right wing controlled court to contribute directly to campaigns as an "individual". Precedent has been set that corporate persons aren't U.S. Citizens in government rulings, and people need to be citizens to make direct contributions to political campaigns.

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