Public Interest & Political Law

At Frazier Law, our Public Interest and Political Law Group provides strategic counsel and legal representation across a broad spectrum of public and political law matters.  From navigating complex regulatory frameworks to representing public entities in high-stakes litigation, our attorneys are equipped to meet the unique challenges faced by government entities, political campaigns, advocacy organizations, trade associations, nonprofits, educational institutions, and businesses working with or regulated by the public sector.  Our expertise includes:

 

Government Litigation

Our firm has experience representing public entities, contractors, and private clients in local, state, and federal litigation and appellate matters.  We assist with:

• Litigation and Enforcement: Representing clients in disputes involving government actions, including constitutional, statutory, and regulatory claims, whether before litigation commences or as litigation counsel.

• Appeals: Whether challenging an adverse ruling or defending a lower court’s decision, our appellate attorneys have the experience, insights, and knowledge to maximize the probability of success on appeal.

• Amicus Curiae Counsel: Preparing amicus briefs in cases that affect our clients.

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Political Law and Redistricting

Frazier Law provides a wide range of political law services for candidates, political committees, government entities, businesses and trade associations, non-profits, and organizations involved in the electoral process.  Our attorneys have represented clients from state supreme courts to the United States Supreme Court on all forms of electoral matters, including authoring and co-authoring briefs in landmark redistricting and election law cases.  Our services include:

• Election Law Counsel: Representing candidate or issue campaigns in election disputes, ballot access matters, and voter initiatives and referenda.

• Campaign Finance and PAC Compliance: Advising candidates, party committees, super PACs, hybrid PACs, and connected PACs on registration, reporting, contribution and coordination rules, and other obligations under federal and state campaign finance laws.

• Redistricting: Advising and representing clients regarding drawing or challenging electoral district boundaries to ensure compliance with constitutional, statutory, and regulatory requirements.

• Litigation and Enforcement: Representing groups supporting or opposing local and state initiatives or referenda; litigating the constitutionality of state election and campaign finance laws; and defending clients against complaints and enforcement actions by regulatory bodies, such as the Federal Election Commission (FEC), Federal Communications Commission (FCC), Arizona Secretary of State (AZSOS), the Arizona Citizens Clean Elections Commission (CCEC), and the Texas Ethics Commission (TEC).

• First Amendment and Political Speech: Counseling and litigating on behalf of clients whose political speech, association, or advocacy activities are subject to government regulation.

 

Lobbying, Ethics & Government Affairs

Engaging with government brings a web of registration, reporting, and ethics obligations at the federal, state, and local levels.  Frazier Law counsels companies, trade associations, advocacy organizations, and individual lobbyists on the rules that govern their interactions with public officials—so they can advance their policy goals without compliance missteps.  Our services include:

• Lobbying Registration and Reporting: Advising on registration, disclosure, and reporting obligations under the federal Lobbying Disclosure Act (LDA) and analogous state and local lobbying laws, including Arizona and Texas.

• Government Ethics and Gift Rules: Counseling clients on executive- and legislative-branch ethics rules, including gift, travel, and meal restrictions; honoraria; financial conflicts of interest; and post-employment (revolving door) limitations.

• Pay-to-Play Compliance: Helping government contractors, investment advisers, broker-dealers, and other regulated entities navigate federal and state pay-to-play rules that restrict political contributions by firms doing business with government.

• Foreign Agents Registration Act (FARA): Advising clients on FARA registration determinations, periodic reporting, labeling of informational materials, and responses to inquiries from the FARA Unit of the U.S. Department of Justice.

• Internal Compliance Programs and Training: Designing and implementing lobbying and ethics compliance programs, written policies, and training tailored to the client’s government affairs footprint.

• Investigations and Enforcement: Defending clients in investigations and enforcement matters before legislative ethics committees, inspectors general, the Office of Congressional Ethics, state ethics commissions, and other oversight bodies.

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Nonprofit & Tax-Exempt Organizations

Tax-exempt organizations operate under a unique overlay of federal tax, state nonprofit, and—for those engaged in public policy—election and lobbying laws.  Frazier Law represents 501(c)(3) public charities and private foundations, 501(c)(4) social welfare organizations, 501(c)(5) labor organizations, 501(c)(6) trade associations, and Section 527 political organizations on formation, governance, and the activities at the heart of their missions.  Our services include:

• Formation and Tax-Exempt Status: Forming nonprofit corporations and other entities, preparing IRS Forms 1023 and 1024, and obtaining and maintaining federal and state tax exemptions.

• Governance and Operational Compliance: Advising boards on fiduciary duties, conflict-of-interest policies, executive compensation, intermediate sanctions, and unrelated business taxable income (UBTI).

• Political Activity and Lobbying by Tax-Exempt Organizations: Counseling 501(c)(3) organizations on the prohibition against political campaign intervention and limits on lobbying; counseling 501(c)(4), (c)(5), and (c)(6) organizations on permissible political and lobbying activity, including the primary-purpose test, proxy tax, and notice obligations.

• Section 527 Political Organizations: Forming and advising Section 527 organizations on federal tax filings, coordination with federal and state PACs, and disclosure obligations.

• Affiliated Structures and Joint Activities: Designing and operating affiliated 501(c)(3)/(c)(4)/PAC structures with appropriate firewalls, cost-sharing arrangements, and shared-resource agreements.

• IRS and State Examinations: Representing tax-exempt organizations in IRS audits and examinations, state attorney general inquiries, and charitable solicitation registration matters.

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Education Law

Several members of our Public Interest and Political Law Group were teachers before becoming attorneys.  This hands-on experience informs how we provide legal support to public school districts, charter schools, private institutions, community colleges, and other higher education entities.  Our attorneys leverage their practical and legal knowledge to create and implement plans, policies, and procedures that allow our clients to focus on their educational mission.  Our education law services include:

• Policy and Governance: Assisting school boards and administrators in crafting policies and ensuring compliance with governance best practices, including relating to compliance with open meeting and public record laws.

• Student Rights: Advising on matters related to special education, student discipline, and privacy (FERPA), including best practices for meetings, communication, and managing conflicts.

• Employment and Labor Law: Counseling on teacher and staff contracts, workplace investigations, employment disputes, and dismissals and layoffs.

• Litigation and Dispute Resolution: Representing educational institutions in administrative hearings, court proceedings, and critical appeals and amicus curiae participation.

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Why Choose Frazier Law, PLLC?

Frazier Law offers a personalized approach, blending deep legal expertise with a thorough understanding of the unique challenges faced by government bodies, political campaigns, advocacy organizations, trade associations, nonprofits, and educational institutions.  Our attorneys are dedicated to providing practical, cost-effective legal solutions designed to achieve your goals.

 

Contact us today to learn more about how we can partner with you to navigate the complexities of public interest and political law.