New Ballard Spahr group gives legal advice on elections
Since the disputed 2000 presidential contest and the U.S. Supreme Court's decision in Bush v. Gore, the law governing elections has become ever more contentious as the political parties vie for the slightest advantage.
Since the disputed 2000 presidential contest and the U.S. Supreme Court's decision in Bush v. Gore, the law governing elections has become ever more contentious as the political parties vie for the slightest advantage.
Seeing a growing market for legal advice on everything from campaign finance to congressional redistricting, Center City's Ballard Spahr law firm has created a practice group with 15 lawyers to guide political candidates, parties, and corporations through the thickets of case law, statutes, and regulations that govern political contests.
The political and election law group will be led by Joseph Kanefield, who was general counsel to former Arizona Gov. Jan. Brewer and a partner in the firm's Phoenix office. Kanefield is a Republican, but the practice also includes former Gov. Ed Rendell, a former chairman of the Democratic National Committee.
"I started doing this as an assistant attorney general in Arizona, and during this time have seen this area of the law grow exponentially," Kanefield said. "Part of it has to do with Bush v. Gore; ever since, there has been a dramatic increase in cases on court calendars involving election law."
The U.S. Supreme Court decision in Citizens United, lifting political-giving restrictions on corporations, only accelerated that trend, Kanefield said, as companies that were long barred from direct spending on campaigns entered the political arena and simultaneously sought legal advice.
It was not too long ago that election law and political practice were considered a bit of a backwater. A handful of firms, including Perkins Coie and Covington Burling, were known for representing politicians caught up in campaign fund-raising controversies or heated political disputes on Capitol Hill.
But the practice generally was viewed as not terribly profitable, and many big firms avoided it.
That has changed, Kanefield said, as the stakes have become ever greater. The work also goes well beyond representing politicians and corporations trying to stay on the right side of campaign finance law. Many of the biggest political disputes are fought over the drawing of state and congressional political boundaries, and they often are litigated.
One celebrated case handled by Ballard - Arizona Legislature v. Arizona Independent Redistricting Commission - resulted in a ruling by the U.S. Supreme Court that found voters in states with initiative and referendum can take redistricting power away from legislatures and hand it over to independent commissions.
To help showcase the practice, Ballard will host a series of programs focusing on campaign finance and political law. The first was held Jan. 27 in Phoenix and featured Brewer and Rendell. Other events will be held later this year in Philadelphia and Washington, the firm said.
215-854-5957 @cmondics