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Association
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K&L GATESwww.klgates.com
August 1, 2013 What Do Corporations and PACs Need toPracticeGroup(s): Know About North Carolina’s RecentPubllcPolicyand Election Law Reform?
By Amy H. Fulibright and Margaret R. Westbrook
North Carolina’s General Assembly has approved sweeping elections law changes. Making good onpromises when Republicans assumed control of both the State House and Senate for the first timesince Reconstruction, legislative leaders have adopted a multitude of revisions to existing stateelection laws. These changes are found in House Bill 589, which passed the House and the Senatelate last week and currently awaits Governor McCrory’s signature or veto. Although the bill includesother, more headline-grabbing components, including a requirement for voters to provide governmentissued photo identification at polls, a shortened early voting period, the end of straight party ticketvoting and same-day registration, and a requirement that voters register or make changes to theirregistration information at least 25 days in advance of an election, the bill also includes severalprovisions that could have significant effects on corporations and political action committees(“PACs”).
First, the bill raises the amounts that individuals can contribute to candidates and PACs and theamounts that PACs can contribute to candidates from $4,000 to $5,000 per election. Importantly, thisdollar amount will be indexed to increase in odd numbered years beginning in 2015 based on theconsumer price index. The bill also changes the time periods for an “election cycle,” extending itthrough the end of the calendar year after an election. Therefore, contributors who have reached theirmaximum contribution limits cannot provide additional support for debt reduction immediatelyfollowing the election. Additionally, the bill repeals the $1,000 limit for contributions to candidatesfor superior or district court judge positions and eliminates the public funding program for appellatecourt elections.
However, the General Assembly narrowed a few traditional loopholes. The bill limits familymembers who may give unlimited amounts to candidates. Previously, a candidate’s spouse, parents,brothers and sisters were exempt from the contribution limits. Now, only a candidate’s spouse maydonate unlimited amounts to the candidate. HB 589 also attempts to prescribe the use of money givenfor a political party “building fund.” Donations to these funds were previously unlimited, which madethem a long-standing avenue for soft money. HB 589 seeks to limit use of these funds for a principalheadquarters building and prohibits the use of those funds for headquarters equipment, other thanfixtures, personnel compensation, or travellfundraising expense. It does allow funds to be used for upto three administrative personnel who meet certain requirements.
Several key changes to the rules governing mass communications were included. The bill repealsArticles 22G and 22H defming candidate-specific communications and requiring disclosurestatements to be filed with the State Board of Elections for candidate-specific communications inbroadcast, cable, satellite, mass mailings or telephone banks. The bill clarifies that electioneeringcommunications will be defined as those communications aired or transmitted after September 7 forNovember general elections. Most importantly, the bill strikes the previous requirement for sponsorsof printed independent expenditure communications and electioneering communications to disclose
K&L GATES
Amy H. FulibrightGovernment Affairs Counselor
RaleighT 919.743.7352F [email protected]
AREAS OF PRACTICE
Amy Fulibright is a Government Affairs Counselor in the Public Policy and Law group whosepractice focuses on legislative and regulatory affairs in North Carolina. Ms. Fullbright representsbusinesses, industry and associations before the North Carolina General Assembly on a varietyof legislative matters, including taxation, financial services, privacy, appropriations, health care,and environmental issues. This includes drafting legislation, testifying before legislativecommittees and subcommittees, lobbying state representatives, monitoring legislation, andimplementation of legislative strategies.
PROFESSIONAL BACKGROUND
Ms. Fullbright has more than sixteen years of experience in government and governmentrelations, representing corporations, financial institutions, trade associations, and non profitentities.
A member of the environmental team at her prior firm, Ms. Fullbright has experience working withlegislation involving air and water pollution, water allocation, energy and power generationincluding coal, natural gas, petroleum and biomass, waste handling and disposal, electronicsrecycling, property remediation, chemicals and manufacturing, pharmaceuticals andbiotechnology, agribusiness including food processing and transportation, timber and forestproducts and other environmental compliance and regulatory review issues. She works tosuccessfully navigate legislative and regulatory requirements and maintain good relations withregulatory agencies and elected officials.
EDUCATI ON
BA., North Carolina State University, 1994 (Political Science)
ACHIEVEMENTS
. President, North Carolina Professional Lobbyists Association, 2011-2012
Named in 40 Under 40 Leadership Awards by the Triangle Business Journal in 2008
K&L GATES
Margaret R. WestbrookPartner
Raleigh CharlotteT 919.743.7311 T704.331.7400F 919.516.2011 F [email protected]
OVERVIEW
Ms. Westbrook is a partner in the Raleigh office and has two distinct areas of practice: creditorsrights and campaign finance. She has extensive experience in representing both secured andunsecured creditors in restructurings in and out of the court system and in foreclosures. She is afrequent speaker on bankruptcy and foreclosure issues at state and regional seminars. Ms.Westbrook also advises clients on matters relating to the regulation of corporate political activity,including the formation and administration of state and federal political action committees. Shehas represented clients in the North Carolina General Assembly and advised clients regarding thedevelopment of political corn pliance programs.
PROFESSIONAL BACKGROUND
Prior to joining the firm, Ms. Westbrook served as law clerk to the Honorable J. Rich Leonard,Judge of the United States Bankruptcy Court, Eastern District of North Carolina, 1996-1998. Shenow resides in the Raleigh Office (which, along with Durham and Chapel Hill, forms NorthCarolina’s Research Triangle).
EDUCATION
J.D., University of North Carolina, 1996 (with honors; Member, North Carolina Law Review; Orderof the Coif)
B.A., University of North Carolina, 1993
ACHIEVEMENTS
Legal Elite, Business North Carolina Magazine, Bankruptcy Law, 2012, 2013
Triangle Business Journal, Women in Business Award, 2007
K&L GATES
James L. JoyceAssociate
Ra’eighT 919.743.7336F [email protected]
OVERVIEW
Jim Joyce focuses his practice on environmental, energy, and land use matters. His clientsinclude companies in the food manufacturing, enzymes, cement, real estate development, and oiland gas industries.
Mr. Joyce’s experience includes advising clients on the environmental aspects of real estate andcorporate transactions; land use and environmental permitting litigation; cleanup andredevelopment of contaminated properties; and compliance with federal, state, and localregulatory programs.
Mr. Joyce also counsels clients in the development of shale gas resources, and is intimatelyfamiliar with North Carolina’s emerging regime for regulation of oil and gas production. He hasfollowed closely and reviewed the regulations in production, starting with the beginning of thelegislative process that continues to create North Carolina’s new oil and gas statutes andcontinuing through the work of the North Carolina Mining and Energy Commission and itssubgroups in researching and drafting regulations.
PROFESSIONAL BACKGROUND
Prior to joining the firm, Mr. Joyce was a fellow at the University of North Carolina School ofGovernment, where he co-authored a book on inclusionary zoning. His education in law and landuse planning makes him well versed in zoning and land use related law.
EDUCATION
J.D., University of Virginia School of Law, 2009 (Dean’s Scholarship; Virginia Environmental LawJournal articles review board, articles editor; Merhige National Environmental NegotiationCompetition)
M.C.P., University of Maryland, 2006 (University Fellowship, LeFrak Award for Service to theCommunity)
B.A., University of North Carolina, 2001 (with highest distinction; highest honors in politicalscience, Phi Beta Kappa, Dean’s List)
K&L GATES
Marissa C. FarrellPolicy Assistant
Raleigh
T 919.831.7003
F 919.516.2103
marissa.farrellklgates.com
AREAS OF PRACTICEMarissa Farrell is a Policy Assistant in the Public Policy and Law group whose practice focuseson legislative and regulatory affairs in North Carolina. As a Policy Assistant, Ms. Farrell attendsvarious legislative and agency meetings covering many different areas of interest in order tothoroughly track any changes or movements of given legislation. These areas consist ofenvironmental, energy, finance, taxation, healthcare, and regulatory. Ms. Farrell focuses onproviding detailed research, history, and reports on legislation in the General Assembly or effortsmoving through particular Government Agencies.
PROFESSIONAL BACKGROUNDMs. Farrell has spent the vast majority of her professional career in state level government andpolitics. This involvement includes working as the Legislative Director for a Representative of theState House, a Research Analyst and Committee Clerk for three State Senators and a CoalitionDirector for a national presidential campaign.
While working at the General Assembly, Ms. Farrell gained invaluable experience andunderstanding of the process and nuances of drafting, introducing, moving, and passinglegislation. As a research analyst, Ms. Farrell focused on environment and energy concerns andworked closely with the members and staff in order to draft successful legislation. Now as aPolicy Assistant, she works to build and maintain good relationships with various elected officials,staff and agencies in order to better serve and contribute to the efforts of the policy team.
EDUCATIONB.A., Hillsdale College, 2010 (History)
