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Ban on contractor campaign gifts is Constitutional, says circuit court

July 14, 2015 By Nancy Cleveland

A 75-year-old prohibition on campaign contributions by individual federal contractors was upheld on Tuesday by a three-judge panel of the District of Columbia Circuit, a ruling favoring the Federal Election Commission’s position over two contractors for the U.S. Agency for International Development (USAID).

FederalElectionCommissionIn Wagner v. FEC, the appeals judges meeting en banc determined that the government has an interest in such a ban to “prevent corruption and the appearance thereof and, in so doing, to protect the integrity of the electoral system by ensuring that federal contracts were awarded based on merit.”

Plaintiffs Lawrence Brown and Jan Miller, longtime USAID employees who left and were hired back to write a report on science and regulation, wanted to exercise their free speech rights and give money to candidates, political parties and traditional political action committees in the 2012 elections. They cited the First Amendment, equal protection and due process.

Keep reading this article at: http://www.govexec.com/contracting/2015/07/ban-contractor-campaign-gifts-constitutional-says-circuit-court-panel/117307

Filed Under: Contracting News Tagged With: campaign contributions, Federal Election Campaign Act, Federal Election Commission, USAID

Judge upholds service contractor campaign donation ban

November 12, 2012 By ei2admin

A federal judge has ruled a law banning government contractors from contributing to political candidates, parties and their committees should stand, Courthouse News Service reports.

U.S. District Judge James Boasberg issued a 19-page ruling against the three plaintiffs, two of which hold contracts with the U.S. Agency for International Development and the other with the Administrative Conference of the United States.

According to Fierce Government, the Federal Election Campaign Act of 1972 bans contributions from individuals with whom a federal agency has directly contracted with for personal services.

Personal services contractors also cannot donate to any super political action committee and must avoid in-kind contributions to super PACs, Geoff Whiting writes for Fierce Government.

More details at: http://www.fiercegovernment.com/story/court-no-political-contributions-personal-service-contractors/2012-11-07

Filed Under: Contracting News Tagged With: campaign contributions, federal contracting, Federal Election Campaign Act, PACs, USAID

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