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Press Releases |
Olson Hagel in the NewsOptions for electing a mayor reviewed The Elk Grove Charter Exploratory and Election Reform Committee, formed at the June 13 council meeting, continued establishing direction as requested from council and hashed out the pros and cons of a local government functioning as a general law city or as a charter city. The five committee members, each appointed by a member of city council, were also given a presentation on the powers invested to a mayor within a general law city and charter city when they are either elected or selected. Rich Miadich of Olson, Hagel and Fishburn LLP, a Sacramento-based law firm, gave the presentation. Personal Profile: Diane Fishburn My favorite thing that I do is what I consider the teaching
part of [my job], when I … help clients Judge dismisses Hindus' claim of bias in a 6th-grade textbook;
But he calls process of approval for all school texts invalid Deborah Caplan, one of those attorneys, said the plaintiffs hope the potentially significant ruling will allow more public input in the approval process, and she said "a different process might result in different content." She said no decision has been made about an appeal. Attempt to Avoid Referendum Lance Olson, a Sacramento attorney who represents the citizens group, Coalition to Protect Cotati’s Future, said it would be "unwise, unlawful and an invitation to future litigation" to proceed under such circumstances. Opponents further argued that the council cannot simply change zoning allowances retroactively and claim the project complies with city guidelines. Mayor's Blurry Rules on Cash But Lance Olson, a Democrat who is among the most prominent political attorneys in the state, sees a problem with this pattern: State regulations say only interest groups, not politicians, can run political action committees. On ballot, Marin's no 'businesswoman' Lance Olson responded to a court ruling that Rosario Marin may not identify herself as a businesswoman on the ballot for her bid for the Republican nomination to challenge Sen. Barbara Boxer. "The court found her use of the designation 'businesswoman' was misleading and ordered it off the ballot," said Lance Olson, general counsel for the California Democratic Party and the attorney handling the case. Budget Meeting in Maui Lance Olson, a campaign finance expert for Democratic Party candidates, said travel expenses of legislators and their households can be paid with campaign funds if they are directly tied to a governmental, legislative or political purpose -- such as the CCPOA conference. Olson said state law does not give legislators a blank check, however: Once a political conference ends, lawmakers who stay behind for another event or a family vacation must foot the bill themselves. Bean Feeds and Free Speech: McCain-Feingold's assault on political
parties "If there were ever a law of unintended consequences, it is McCain-Feingold. In its rush to rid the political system of the evils of so-called 'soft money,' Congress managed to federalize the nation's political system -- right down to electing members of your local Mosquito Abatement Board." Read the rest of this op-ed by Lance Olson and Chuck Bell. Soft money limits tested in Davis recall campaign Issa accused
of violating federal fund-raising law Lance Olson comments on the lawsuit he recently filed alleging that Rep. Darrell Issa (R-San Diego) has violated the Bi-partisan Campaign Reform Act (BCRA). The law, commonly known as the McCain-Feingold Act, prohibits federal officeholders from soliciting more than $5,000 for any state or federal race or directing any corporate money to the campaign. "Democratic Party lawyer Lance Olson said Issa was responsible for soliciting at least $60,000 for the recall campaign from other companies and promised to raise money in chunks between $50,000 and $100,000... According to Olson, Issa needs to comply with state law if he believes this is a gubernatorial ballot, or federal law if he believes it's an initiative. Either way, (Olson) said: 'He is either in violation of state law or federal law.' " Leader of Effort to Recall California Governor is Named in Dispute Lance Olson has filed a complaint with the Federal Election Commission alleging that Rep. Darrell Issa (R-Vista) is raising soft money to finance a recall effort against Govenor Gray Davis in violation of the new federal campaign spending law. The law "prohibits federal candidates and officeholders from raising any soft money, whether in connection with a federal election or a nonfederal election," Mr. Olson said. According to the complaint, Rep. Issa improperly transferred $445,000 in corporate contributions to the recall committee and sought other contributions as well. RNC Won't Contest Campaign Finance Stay Lance Olson comments on the California Democratic and Republican party's having ruled out challenging the stay that leaves a new campaign finance law in place while the Supreme Court considers whether it is constitutional. An order from Supreme Court Chief Justice William H. Rehnquist turning down interest groups' attempt to life part of a lower court's stay made it unlikely the parties would succeed in such a challenge, Olson said. Election Law's Sponsors Seek Stay on All of Ruling Lance Olson, a lawyer for the California Democratic Party, one of many groups challenging the law, said the party would go to court in the next few days to argue that the part of the decision striking down the soft-money ban should remain in effect. 'I'm virtually certain we'll oppose any request for a stay,' he said. Rival Attorneys in BCRA Litigation Cite Damage to Parties and
Threats of Corruption Deborah Caplan, representing the California Democratic Party, said that party would have to forgo 50 to 75 percent of the funding it uses for activities related to elections in which federal candidates appear on the ballot, even though the state party's activities are focused on state and local--not federal--candidates. Opening Salvos Fired in Challenge of Campaign Law; Attorneys
clash over the election reform measure curbing financial contributions Deborah Caplan recently argued before the U.S. District Court in Washington D.C. that the McCain Feingold campaign spending law is an unconstitutional encroachment by the federal government on state and local elections. Caplan, who represents the California Democratic and Republican parties in the case, was a member of a team of attorneys opposing the law, which included former Whitewater prosecutor Kenneth Starr and one of the nation's leading First Amendment scholars, Floyd Abrams. Caplan cited examples of advertising for state and local measures that would be banned under provisions in the new law that restrict state party spending on activities that influence federal elections. "This means that Congress has effectively federalized state and local election activities," said Deborah Caplan, an attorney for the California parties. The case, McConnell vs. Federal Election Commission, will be appealed directly to the United States Supreme Court, irrespective of the lower court ruling. Proposition 34 Lance Olson comments on the effect of Proposition 34, a ballot measure that changed the rules regulating political contributions. "I think what you will see when people go back and analyze (Proposition 34) is that less money flowed to candidates and more money flowed to political parties, which is exactly what the effect of 34 was supposed to be. It was to reduce the amount of potentially corrupting contributions to candidates." Areias Seeks to get Ad Pulled Lance Olson defends Rusty Areias, Democratic candidate for 12th Senate District, against Republican candidate Dick Monteith's false television advertisements. Olson sent a letter to several television stations asking them to pull a campaign commercial that makes accusations alleging Areias was fined 31 times by the Fair Political Practices Commission. "All we're doing is asking stations to pull the ad because they're running something factually incorrect," said Olson of Sacramento. "And we think most stations will do that." Taco Bell Heir Serves Up More Convenient, Easier Way to Vote Lance Olson is identified by columnist George Skelton as the co-author of a ballot initiative that will allow voters to register as late as Election Day. Signatures have been submitted to qualify the bi-partisan measure for the November ballot. RNC Challenges Campaign Finance Law Lance Olson, an attorney for the California Democrats, said the (federal campaign finance) law would weaken state and local parties, in part by restricting the ability of elected federal officials and candidates to raise soft money for them. The loss of national soft money will hurt parties' core activities, including voter registration, he said. Initiative Would Allow Election Day Registration Lance Olson is identified as the co-author of a ballot initiative that would allow voters to register up to Election Day. The measure is expected to qualify for the November ballot. Campaign Reform Act Draws Bi-Partisan Fire Lance Olson explains the lawsuit filed by the California Republican and Democratic Parties challenging the constitutionality of the McCain-Feingold campaign spending law. "The new federal law drives a wedge between the national parties and the state parties by restricting the ability of national parties to raise money for the state parties," Lance Olson, the state Democratic Party's general counsel, said in an interview. "It has the federal government interfering in matters that belong to state political parties and violates both the First and Tenth amendments to the Constitution." Special Interest Money Talks Proposition 34 author Lance Olson comments on independent expenditures made by interest groups in this year's legislative races. While the U.S. Supreme Court has upheld campaign spending limits, individuals and groups have a 1st Amendment right to spend as much as they want on independent efforts. Olson, who advises about a dozen such groups said, "I really don't think there is anything you can do with independent expenditures." A 'No' Vote Could Bring Back Willie Brown Yes on Proposition 45 attorney Lance Olson comments on an opinion by the legislative counsel that the contribution caps imposed by Proposition 34 would apply to incumbents' petition committees under Proposition 45, contrary to allegations by the measure's opponents. "[No on Prop 45 spokesman Dan] Schnur is a good spin meister and he has spun this one pretty well," said attorney Lance Olson, who represents dozens of legislative candidates, as well as the Yes-on-45 campaign. "Incumbents are candidates by definition. They have an obligation to report and disclose all contributions." Democrats spend big on Prop. 45 Lance Olson responds to Proposition 45 opponents who charge that the measure would allow candidates to circumvent state campaign finance rules by spending unlimited amounts to finance petition circulation campaigns. "It's nonsense," Olson said. "Clearly those expenditures would be for political purposes and would be covered by the Political Reform Act." Attorney A One-Man Campaign Reform Posse Lance Olson comments on Attorney Tony Miller's many lawsuits alleging violations of campaign disclosure and conflict laws. "He was going after technical violations…like shooting fish in the barrel." Olson said Miller's suits have skewed the commission's priorities from major money-laundering cases to technical violations. Enhancing Voter Turnout or Inviting Election Fraud? Managing Partner Lance Olson along with Republican Attorney Chip Nielson co-draft the same-day registration initiative. Many candidates accept spending caps; Others say they rejected
the voluntary campaign limits to stay competitive Lance Olson says there are two principal reasons candidates are agreeing to limit spending under Proposition 34's voluntary spending limits provisions: there are more safe seats for members of both parties, reducing the need to raise huge warchests and the option under Prop 34 to purchase a 250-word statement in the official voters' pamphlet. "They want to be able to say they're complying with the limits... and avoid, if you will, the risk of being attacked," Olson said. Democratic Party is cleared in L. A. race Managing partner Lance Olson comments on the Fair Political Practices Commission's decision to close an investigation into allegations that the state Democratic Party received contributions that were designated for Los Angeles mayoral candidate Antonio Villaraigosa. "The allegation was made that we violated the law, and it just wasn't true," Olson said. L.A. tries to crack down on political parties, but Democrats
ask FPPC to come to rescue Lance Olson reacts to two ordinances passed by the Los Angeles City Council. Olson argues that if charter cities are allowed to craft laws that are more restrictive than state law, they can also enact ordinances that allow local candidates to ignore state laws in other areas. "What we can't have is where every charter city can decide when and where state filers have to file" such contribution and expenditure reports, Olson argued. In a letter to Los Angeles City Council President pro tem Ruth Galanter, Olson argued that the proposed city rules: "Conflict with state law regarding the reporting obligations of membership organizations and thus cannot be lawfully enacted or enforced by the city." "Attempt to change the rules in the middle of this (city) election (in a way that is) inappropriate both as a matter of law and simple fairness." Violate "the most basic rights of speech and association" by insisting "that a membership organization be required to file transcripts of its internal member communications with the government." Hahn Seeks Probe of Fund-Raising Lance Olson responds to allegations from Los Angeles mayoral candidate James Hahn that the state Democratic Party improperly solicited funds for his opponent, Antonio Villaraigosa. "The California Democratic Party has not broken any laws," Olson said. "Mr. Hahn may not like what the party did, but what they did was perfectly legal." Candidates Clash Over Funds Partner Lance Olson is quoted regarding Democratic Party contributions to the Los Angeles Mayor's race: "If communicating with members of a political party taints the election, that's kind of a sad commentary on our democracy. Political parties exist for the purpose of communicating political views to members." LA Mayor's Race Partner Lance Olson is quoted regarding the impact of Proposition 34 on the contested Mayor's race in Los Angeles. As General Counsel to the California Democratic Party, Olson explains a Proposition 34 provision that permits political parties to communicate with their members outside the contribution limits of the Los Angeles City campaign finance law. David Frank Levi Former partner George Waters comments on United States District Court Judge David F. Levi, potential candidate for appointment to the 9th Circuit Court of Appeals. Regulation Skeptic Managing partner Lance Olson shares his views on the agenda of the Chairwoman of the state Fair Political Practices Commission, Karen Getman. "I've known every chair of the committee. There's the caretaker chair and the more proactive. I'd put Karen in the latter." Eaves' defense says prosecutors piling-on Lance Olson comments on the criminal charges filed against San Bernardino County Supervisor Jerry Eaves, who had settled a civil lawsuit with the county over the same allegations last year. Campaign contribution limit advocates not wild about new restrictions Lance Olson predicts that under Proposition 34, California's new campaign spending law, political parties will make direct contributions to candidates rather than independent expenditures. The Florida Backlash Deborah Caplan, senior attorney, comments on the process of counting votes in close elections. Clock is ticking for donations/Fundraising flurry sweeps Sacramento Proposition 34 insulates candidates from donors, explains Lance Olson, principal author of the measure. Grappling with Arcana Lance Olson comments on conflict of interest laws, suggesting that new legislation will be necessary for substantive reform. Machado lead vs. Nakanishi widens to 607 Deborah Caplan represents the Democratic party as Sacramento County election officials count ballots in the 5th Senate district race between Mike Machado and Alan Nakanishi. When is a reform not a reform? Lance Olson explains the constitutional problems with Proposition 208 and the probability that Proposition 34 will withstand constitutional challenges. Reforming the Reform Act Lance Olson is interviewed about Proposition 34, the successful ballot measure he drafted to reform campaign spending. Political funding has day on ballot State Democratic Party lawyer Lance Olson makes the case for realistic campaign finance reform. Politicians Pushing Reform Through Prop 34 Lance Olson comments on Proposition 34. "This is an attempt to give voters a chance to adopt real campaign reform that is not thrown out the next month by the court. We've had three major efforts in the past 12 years, and each was found to be defective and violate the U.S. Constitution... We looked at all the various court cases, and this is bullet-proof from the courts. If it's adopted it is going to go into effect and stay in effect. (Proposition) 208 limits don't work in California. As a matter of public policy and as a practical matter the limits are not appropriate for the state of California. There are 35 million people and its a huge media state. The cost to campaign is out of control. There will be a limit what individuals can give to candidates, something we've never had in California. It will be the end of six figure contributions." Pulse Beats Lance Olson is interviewed about the rationale behind placing Proposition 34 on the ballot. Americans abroad may aid campaigns -- Alameda Times-Star,
August 25, 2000; Deborah Caplan obtains a permanent injunction in U.S. District court preventing the state Fair Political Practices Commission from enforcing a law barring contributions to local campaigns by U.S. citizens living abroad. California Democratic Party v. Jones Olson Hagel and Fishburn received extensive national media coverage when former partner George Waters, representing California's major political parties as well as the Peace and Freedom and Libertarian parties, successfully argued before the United States Supreme Court that California's blanket primary elections violate the First Amendment right of political parties to freely associate. Among the major stories on the case were: New York Times, March 26, 2000; April 25, 2000; June 27, 2000 Los Angeles Times, February 4, 2000; April 24, 2000; April 25, 2000, June 27, 2000 Washington Post, April 25, 2000; June 27, 2000 USA Today, March 6, 2000; June 27, 2000 Wall Street Journal, January 21, 2000; April 25, 2000; June 27, 2000 Christian Science Monitor, June 27, 2000 San Francisco Examiner, March 5, 2000; April 25, 2000; June 27, 2000 Houston Chronicle, January 22, 2000; March 6, 2000 San Francisco Chronicle, January 22, 2000; April 25, 2000; June 27, 2000 Sacramento Bee, April 24, 2000; April 25, 2000; June 27, 2000 San Diego Union Tribune, April 25, 2000; June 27, 2000 Orange County Register, April 24, 2000; April 25, 2000; June 27, 2000 San Jose Mercury News, April 24, 2000; June 27, 2000 Denver Post, April 25, 2000 Baltimore Sun, June 27, 2000 New Orleans Times-Picayune, April 25, 2000 Seattle Post Intelligencer, April 25, 2000 Des Moines Register, April 25, 2000 Tulsa World, April 25, 2000 Omaha World Herald, April 25, 2000 Orlando Sentinel, June 27, 2000 Irish Times, February 24, 2000 Roll Call, January 31, 2000 CBS, NBC, ABC, CNN, NPR Put a Blanket on Blanket Primaries Op Ed by Lance Olson and former partner George Waters
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