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Litigation We’re Watching

Ted Cruz for Senate, et al. v. FEC (US Supreme Court Docket No. 21-12). On June 3, 2021, a three-judge panel of the United States District Court for the District of Columbia ruled that section 304 of the Bipartisan Campaign Reform Act (BCRA), which limits the repayment of candidate loans, is unconstitutional. On September 30, 2021, the US Supreme Court agreed to consider the case, with oral argument set for January 19, 2022. California’s Political Reform Act has a similar loan limit which may be impacted by the final ruling when this case fully resolves.

News from Election and Ethics Agencies

Fair Political Practices Commission News – Based on recent advice issued by Fair Political Practices Commission staff, City Councilmembers with existing accessory dwelling units (“ADUs”) are prohibited from taking part in ADU Ordinance decisions that would affect the land use entitlements of their property.

New Legislation

H.R. 6494 – SCAM PAC Act (Federal Legislation) – On January 25th, Reps. Katie Porter and Tom Malinowski introduced the SCAM PAC Act (“Stopping Corrupt Actors from Making Political Action Committees Act”). The bill would prohibit the disbursement of funds to entities owned or controlled by individuals with executive or managerial authority over the operations of political committees, in order to prevent such PACs from self-dealing.