I’ve included some info on the campaign finance issue on my post re: the summit. It may be helpful (or not?). http://changeservant.blogspot.com/2006/06/2006-va-political-bloggers-conference.html

Regarding Mr. Kane’s post, I’d really hate for any blogger to think that there is insurance out there to cover alleged campaign finance violations by bloggers. Liability insurance might cover a blogger alleged to have libeled someone if one buys the right policy.

And, while the State Board of Elections says that it doesn’t have investigative authority, it can and does refer campaign law violations to the Commonwealth’s Attorney for investigation and prosecution and Commonwealth’s Attorneys can investigate such allegations on their own motion (where the allegation amounts to a criminal violation).

So, it does pay to stay informed and to operate within the law.

Good news is that the principle responsibility for campaign finance law compliance is on the candidate or the political committee rather than the blogger. So, if you’re paid to blog by a candidate who doesn’t report the expenditure or the in-kind gift of your services, it’s the candidate who’s really in the bullseye not you.

Claire

Virginia state rules lag behind the federal rules. The Feds can provide some guidance for the state in how they have approached this. Basically what is important to understand (from what I found out) is are you an “agent” for a campaign or committee, are you “coordinating” what you publish with a campaign or committee and how much money are you spending advocating for a candidate.

The rules are becoming more restrictive as of July 1 (for Virginia). The SBE does not have any investigative powers.

Actual compliance with the law for most should not a problem as far as I can tell. However, what if a political party, PAC or someone with a reserve of cash to burn decides that the political blogs for a particular election cycle is better off shut down as much as it can be? How many bloggers have legal insurance? What would you do if you had a serious law firm that sued you?

As the rules become more restrictive, it is not so much compliance with the SBE and the Feds (in my estimation) that are a concern, but the potential legal liabilities for bloggers from a politically motivated and funded source. Even if a lawsuit is without any real basis and can be defeated, consider the timing as it relates to a political campaign.

As bloggers impact to the political process increases, expect corresponding resources to be mounted to counter that impact. You should really take a close look at the new rules being promulgated and it never hurts to have legal insurance of one form or another.

Not having been at that presentation, I’m afraid I’m not equipped with enough information to say anything else. Perhaps a participant can explain further — or the PowerPoint slides will do the trick.

“I may have violated campaign finance law”