Top Ten Questions from Corporate and Trade Association Clients Approaching Midterms 2022

By: Jan Baran, Michael Bayes, Christine Fort, Jessica Furst Johnson, Timothy E. Kronquist, William McGinley, Matthew Petersen, Steve Roberts, and Jason Torchinsky

As midterm elections for 2022 are quickly approaching, and corporations and trade associations have become more involved in the political conversation and landscape, we wanted to share the top ten questions we have received this year. In response, ten of our political and election law compliance attorneys respond briefly. Each response is approximately one minute long.

Top Ten Election Year Questions

  • We have the opportunity to host an officeholder at our facility where most of our employees are based. It’s two weeks before the election. Can we? What should we be thinking about? Jessica Furst Johnson responds.
  • Our home-state Senator is in a close race, and our CEO wants to help however possible. Can we host a fundraiser? Timothy Kronquist responds.
  • Our PAC contributed to a Member of Congress who has made some statements on the campaign trail that are at odds with our public positioning on topics our company execs think are important. What are our options? Steve Roberts responds.
  • Our corporate PAC supports the re-election of our home-state Member of Congress. Can we send an email to our company employees describing the importance of voting for this Member? Or otherwise communicate this endorsement? Matt Petersen responds.
  • Is there any way we can pitch in – financially or otherwise – to support the efforts of state or local boards of elections in counting/securing the vote? Jason Torchinsky responds.
  • What about post-election support? Most cycles, we are asked about contributions to debt retirement for candidates or inaugural committees for successful gubernatorial candidates. Can we participate in that? Chris Winkelman responds.
  • What do we do right now to position our corporate PAC to be able to take advantage of the energy surrounding the election for post-election and January 2023 engagement? Mike Bayes responds.
  • We’ve been very active in this cycle, and in furtherance of our corporate goals, but we anticipate questions about our level of activity. How do we communicate to our investors and employees the importance of what we are doing? Christine Fort responds.
  • With expectations that many new legislators are set to join Congress in 2023, we’ve budgeted for a greater-than-usual lobbying spend. We will increase in targeted states as well. Will this be disclosed? How should we prepare for that? Bill McGinley responds.
  • What are my responsibilities as a general counsel to protect the company from the impacts of its political activity? My CEO wants to get our company heavily involved, but I want to try to limit potential downside. Jan Baran responds.

For more information about any of these topics, please reach out to one of the attorneys listed above or your personal Holtzman Vogel contact.


This update is for informational purposes only and should not be considered legal advice. Entities should confer with competent legal counsel concerning the specifics of their situation before taking any action