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Professional Biography

Marc E. Elias Partner

Firmwide Chair, Political Law Practice; Member, Firmwide Executive Committee

OVERVIEW

Marc Elias is the chair of the Perkins Coie Political Law practice. His practice focuses on representing public officials, candidates, parties, corporations, tax-exempt organizations and Political Action Committees (PACs) in connection with campaign finance, governmental ethics, lobbying disclosure, and white-collar criminal defense matters.  His clients include numerous Fortune 500 corporations, national non-profit organizations, lobbying firms, Am Law 100 law firms, prominent individuals, candidates and campaigns.

Marc is a nationally recognized authority in the Federal Election Campaign Act, the Lobbying Disclosure Act, the Ethics in Government Act, the Foreign Agents Registration Act, congressional and executive branch ethics and gift rules, and federal and state pay-to-play laws and rules.  He also advises and litigates claims under the Voting Rights Act, Help America Vote Act and National Voter Registration Act.

Marc’s clients include the Democratic Senatorial Campaign Committee, the Democratic Congressional Campaign Committee, the Democratic Governors Associations and numerous U.S. senators and representatives and their campaigns. Marc also serves as general counsel to the National Democratic Redistricting Trust and has been involved in redistricting litigation in a number of states, including Texas, Florida, New York, Ohio, Virginia, Nevada and Minnesota.

Marc served as lead counsel for Senator Al Franken in the 2008 Minnesota Senate election recount and contest – the largest recount and contest in American history.  He successfully argued the case before the Minnesota State Supreme Court that resulted in a unanimous decision affirming that Franken had received the highest number of votes legally cast in the 2008 general election for U.S. Senator.

In 2010 he successfully represented Governor Mark Dayton in the Minnesota Governor's recount, including a successful argument in the state Supreme Court.  Marc represented Senator Maria Cantwell in connection with her 2000 recount, Senator Harry Reid in connection with his 1998 recount, and served as a consultant to the Senate Rules Committee during its consideration of the 1996 Louisiana Senate election contest.  In 2010 he successfully represented Senator Robert Menendez in the New Jersey Supreme Court case invalidating the application of state recall statutes to U.S. Senators.

In 2004 Marc served as general counsel to the Kerry-Edwards presidential campaign. He served in that same capacity for Chris Dodd for President during the 2008 primary campaign.

Marc has represented numerous clients in public corruption and campaign finance matters before the Department of Justice, U.S. Attorney’s Offices, and Offices of Independent Counsel. He has also represented clients before committees of both the House and Senate, as well as before federal agencies.

Named by Politico Magazine as one of the “50 Politicos to Watch” he is frequently quoted in political law matters by the national media and has spoken and written extensively about both politics and political law.

Marc teaches both law and political science. This spring he is teaching Advanced Election Law at William & Mary Law School.  In the past, he has taught Modern Campaigns and Elections at Hamilton College and Post Election Litigation at William & Mary Law School. Marc is a member of the American Bar Association's Standing Committee on Election Law as well as an adviser to two American Law Institute projects: Principles of Government Ethics and Principles of Election Law: Resolution of Election Disputes. He also co-chairs the bipartisan Committee to Modernize Voter Registration.

MORE LESS

Professional Recognition

  • Named by Washingtonian Magazine as a "Top Lawyer" for campaign finance and ethics and campaign and election law 
  • Listed in The Best Lawyers in America 2008 - Present: Criminal Defense: White-Collar; Government Relations Practice 
  • Listed in Chambers USA as a leading political law attorney
  • Listed in Washington D.C. Super Lawyers
  • Listed by American Lawyer Media as "Top Rated Lawyer in Criminal Defense - White Collar," 2012 

EXPERIENCE

Experience

Political Law

Democratic Senatorial Campaign Committee

General Counsel to the Democratic Senatorial Campaign Committee.

National Democratic Redistricting Trust

General Counsel to national organization in charge of advancing Democratic congressional redistricting efforts following the 2010 census.

Kerry-Edwards 2004

General Counsel to 2004 Democratic presidential nominee.

Chris Dodd for President

General Counsel to 2008 Democratic presidential campaign.

Perez, et al. v. Perry, et al.

Represented Democratic voters in lawsuit over Texas congressional redistricting. 132 S.Ct. 934 (2012)

In re Senate Joint Resolution of Legislative Apportionment

Represented Democratic Party in state redistricting proceeding. 83 So.3d 597, Supreme Court of Florida (2012)

Hippert, et al. v. Ritchie, et al.

Represented Democratic voters in state redistricting proceeding. 813 NW 2d 374 (Minn. 2012)

Nevada State Democratic Party v. Nevada Republican Party

Represented state Democratic Party in lawsuit over special congressional election. 256 P.3d 1 (NV 2011)

In re 2010 Gubernatorial Election

Successfully argued Supreme Court case in connection with 2010 gubernatorial recount.  793 N.W.2d 256 (Minn. 2010)

Committee to Recall Robert Menendez from the Office of U.S. Senator v. Wells, et al.

Successfully argued case for Senator Menendez against constitutionality of recall under New Jersey's Uniform Recall Election Law. 7 A.3d 720 (NJ 2010)

In re Contest of General Election Held on Nov. 4, 2008

Obtained a unanimous decision affirming that Al Franken had received the highest number of votes legally cast in the 2008 general election for United States Senator and therefore was entitled to receive the certificate of election.  Perkins Coie also represented Franken during the election, a six-week recount involving nearly three million ballots—the largest in American history, a seven-week trial, and multiple appearances before the Minnesota Supreme Court. 767 N.W.2d 453 (Minn. 2009).

Franken v. Pawlenty, et al.

Represented certified election winner in lawsuit to compel issuance of a certificate of election. 762 N.W.2d 558 (Minn. 2009)

Nader v. Democratic National Committee

Represented 2004 Democratic presidential nominee, John Kerry, in lawsuit over third party ballot access. 567 F.3d 692 (D.C. Cir. 2009)

Meng v. Schwartz, et al.

Represented national political party committees in shareholder derivatives action in Washington D.C. 48 Fed. Appx. 1 (D.C. Cir. 2002)

Democratic Senatorial Campaign Committee v. FEC

Represented national party committee in lawsuit to compel agency action. 139 F.3d 951, 329 U.S.App.D.C. 258 (1998)

Favors, et al. v. Cuomo, et al.

Represented Democratic voters in redistricting lawsuit. 11-cv-5632 (E.D.N.Y. March 19, 2012)

Guy, et al. v. Miller

Represented Democratic voters in redistricting lawsuit. 11-oc-00042-1B (Nev. Dist. Ct., Carson City Oct. 27, 2011)

Democratic Leadership Council Inc. v. United States of America

In a leading case regarding section 501(c)(4) organizations and political activity, successfully contested IRS determination that issues advocacy by individuals associated with a political party was incompatible with the terms of a 501(c)(4) "social welfare" exemption. 542 F.Supp.2d 63 (D.D.C. 2008).

Sykes v. FEC, et al.

Action challenging constitutionality of non-resident campaign contributions to Alaska Senate campaign. 335 F. Supp. 2d 84 (D.D.C. 2004)

FEC v. Friends of Congresswoman Jane Harman, et al.

Defense of FEC enforcement action alleging illegal use of corporate resources to raise money for a candidate. 59 F. Supp. 2d 1046 (C.D. Cal. 1999)

Forrester v. The New Jersey Democratic Party Inc., et al.

Successfully opposed emergency application for stay regarding U.S. Senate election in New Jersey. 537 U.S. 803 (2002)

Feinstein for Senate, FEC Advisory Opinion 2012-7

Obtained advisory opinion regarding the application of contribution limits where a treasurer embezzled campaign funds. 

Democratic Senatorial Campaign Committee, FEC Advisory Opinion 2011-13

Successfully obtained advisory opinion regarding disclaimers for Internet solicitations, including on mobile Internet devices.

Majority PAC and House Majority PAC, FEC Advisory Opinion 2011-12

Successfully obtained advisory opinion permitting fundraising by Federal candidates and officeholders for independent expenditure-only committees (superpacs).

Facebook, FEC Advisory Opinion 2011-9

Represented leading social media company regarding the exemption from full disclaimer requirements of character-limited ads.

Democratic Senatorial Campaign Committee, FEC Advisory Opinion 2011-3

Successfully obtained advisory opinion permitting the use of recount fund for litigation expenses.

Robin Carnahan for Senate, FEC Advisory Opinion 2011-1

Successfully obtained advisory opinion regarding the establishment of a legal defense fund.

Google, FEC Advisory Opinion 2010-19

Represented leading Internet company in obtaining advisory opinion regarding the exemption from full disclaimer requirements of character-limited text ads.

Minnesota Democratic-Farmer-Labor Party, FEC Advisory Opinion 2010-18

Successfully obtained advisory opinion regarding the transfer or redesignation of excess recount funds to State party committee's general Federal account.

Democratic Senatorial Campaign Committee, FEC Advisory Opinion 2010-14

Successfully obtained advisory opinion permitting disbursements from national party committee's recount fund before general election for recount-related expenses.

Commonsense Ten, FEC Advisory Opinion 2010-11

Successfully obtained advisory opinion permitting superpac to accept unlimited corporate and union contributions to make independent expenditures.

National Democratic Redistricting Trust, FEC Advisory Opinion 2010-3

Successfully obtained advisory opinion permitting fundraising by Federal candidates and officeholders for redistricting trust.

Nevada State Democratic Party, FEC Advisory Opinion 2010-1

Sought advisory opinion regarding the application of the exemption for the cost of campaign materials used in connection with volunteer activities on behalf of a party's presumptive nominees.

TechNet, FEC Advisory Opinion 2009-30

Successfully obtained advisory opinion regarding corporate payments for outside fundraising consultants.

Democratic Senatorial Campaign Committee, FEC Advisory Opinion 2009-22

Obtained advisory opinion regarding filing Lobbyist Bundling Disclosure Reports on a quarterly basis.

Senator John Kerry, FEC Advisory Opinion 2009-11

Sought advisory opinion regarding campaign investment in documentary film.

Al Franken for U.S. Senate, FEC Advisory Opinion 2009-4

Successfully obtained advisory opinion regarding the funding of recount and contest activities.

Senator Frank Lautenberg, FEC Advisory Opinion 2008-22

Successfully obtained advisory opinion regarding repayment of personal loans by candidate.

Melothe, Inc., FEC Advisory Opinion 2008-14

Successfully obtained advisory opinion regarding application of media exemption to Internet TV station.

Senator Frank Lautenberg, FEC Advisory Opinion 2008-9

Sought advisory opinion regarding loan repayment provision of the “Millionaires’ Amendment.”

Democratic Party of Virginia, FEC Advisory Opinion 2008-6

Successfully obtained advisory opinion regarding slate card exemption for state parties.

Chris Dodd for President, FEC Advisory Opinion 2008-4

Successfully obtained advisory opinion regarding redesignation of contributions.

Chris Dodd for President, FEC Advisory Opinion 2007-30

Successfully obtained advisory opinion regarding online credit card contributions.

Democratic Senatorial Campaign Committee, FEC Advisory Opinion 2007-17

Successfully obtained advisory opinion regarding contributions in the form of bank checks.

Kerry-Edwards 2004, FEC Advisory Opinion 2007-09

Successfully obtained advisory opinion regarding payment of media compliance costs.

Michael King, FEC Advisory Opinion 2007-08

Represented individual seeking to establish charitable matching program for volunteer entertainers aiding candidates.

Senator Claire McCaskill, FEC Advisory Opinion 2007-1

Sought advisory opinion clarifying application of the "Millionaires' Amendment" to state committee debt retirement.

Senator Robert Casey, FEC Advisory Opinion 2006-38

Represented client in advisory opinion request regarding the disposition of state campaign funds.

Democratic Senatorial Campaign Committee, FEC Advisory Opinion 2006-24

Sought advisory opinion on options for financing recounts.

Washington Democratic State Central Committee, FEC Advisory Opinion 2006-11

Obtained clarification of so-called "hybrid" advertising.

Fired UP! LLC, FEC Advisory Opinion 2005-16

Represented new media company in successful effort to extend "media exemption" to bloggers.

Senator Christopher Dodd, FEC Advisory Opinion 2005-9

Sought advisory opinion clarifying "personal use" rules.

Senator Jon Corzine, FEC Advisory Opinion 2005-2

Represented Senator running for Governor on scope of soft money ban when officeholders seek state office.

Senator Ken Salazar, FEC Advisory Opinion 2004-45

Sought advisory opinion on proper interpretation of the "Millionaires' Amendment" refund provision.

Kerry-Edwards 2004, FEC Advisory Opinion 2004-35

Sought advisory opinion on options for financing recounts.

Senator Jon Corzine, FEC Advisory Opinion 2004-25

Clarified rights of elected officials to make soft money donations from personal funds.

Meetup Inc., FEC Advisory Opinion 2004-6

Represented web company in advisory opinion request regarding political uses of Meetup.com site.

Inez Tenenbaum, FEC Advisory Opinion 2003-32

Sought advisory opinion regarding the disposition of state campaign funds.

Senator Mark Dayton, FEC Advisory Opinion 2003-31

Sought advisory opinion clarifying application of "Millionaires' Amendment" to candidate advances.

Rory Reid, FEC Advisory Opinion 2003-10

Represented family member of elected official in defining scope of "soft money" fundraising ban.

Christopher Kennedy, FEC Matter Under Review 6196

Represented individual in successful dismissal of FEC complaint involving pre-candidacy activity.

Friends of Mary Landrieu, FEC Matter Under Review 6234

Represented Senate campaign in successful dismissal of FEC complaint involving disgorgement of funds.

Fisher for Ohio, FEC Matter Under Review 6383

Represented Senate campaign in successful dismissal of FEC complaint involving candidate debates.

Blumenthal for Senate, FEC Matter Under Review 6410

Represented Senator and Senate campaign in successful dismissal of FEC complaint involving alleged illegal coordination.

Women Vote! and The American Worker, FEC Matter Under Review 6411

Represented outside groups in successful dismissal of FEC complaint involving alleged illegal coordination.

Senator Richard Blumenthal, FEC Matter Under Review 6412

Represented Senator and Senate campaign in successful dismissal of FEC complaint involving candidate contribution to his own campaign.

Democratic Senatorial Campaign Committee and Midwest Values PAC, FEC Matter Under Review 6445

Represented political committees in successful dismissal of FEC complaint involving lawfulness of contributions.

Musgrove for U.S. Senate, FEC Matter Under Review 6044

Represented Senate candidate and campaign in successful dismissal of FEC complaint involving party issue ads.

Senator Jeff Merkley, FEC Matter Under Review 6037

Represented Senate candidate and campaign in successful dismissal of FEC complaint involving party issues ads.

Hagan Senate Committee, FEC Matter Under Review 6031

Represented Senate campaign in successful dismissal of FEC complaint alleging excessive campaign contributions.

Jim Pederson, FEC Matter Under Review 5878

Represented Senate candidate in successful dismissal of FEC complaint alleging improper use of non-federal funds. 

Montanans for Tester, FEC Matter Under Review 5869

Represented campaign in successful dismissal of FEC complaint involving ballot initiative activity.

The Lantern Project, FEC Matter Under Review 5854

Represented issue group in successful dismissal of FEC complaint alleging that it acted as a political committee.

Kathleen Cannon, FEC Matter Under Review 5849

Represented former bank executive in FEC investigation.

Friends for Harry Reid, FEC Matter Under Review 5848

Represented campaign and Senator in successful dismissal of FEC complaint alleging personal use of campaign funds.

McCaskill for Missouri, FEC Matter Under Review 5837

Represented Senate campaign in successful dismissal of FEC complaint involving state party mail program.

Friends of Sherrod Brown, FEC Matter Under Review 5833

Represented Senate campaign in successful dismissal of FEC complaint involving state party mail program.

Jim Pederson, FEC Matter Under Review 5785

Represented Senate candidate in successful dismissal of FEC complaint involving reporting of personal funds expenditures.

Senator Barack Obama, FEC Matter Under Review 5718

Speaker Nancy Pelosi, Senator Barbara Boxer, and Senator Diane Feinstein, FEC Matter Under Review 5711

Represented elected officials in successful dismissal of FEC complaint involving endorsements on the campaign website.

Bob Casey for Pennsylvania Committee, FEC Matter Under Review 5679

Represented Senate campaign in successful dismissal of FEC complaint involving newspaper promotional advertising.

Tony Knowles for U.S. Senate, FEC Matter Under Review 5564, 5575 and 5576

Represented Senate campaign in successful dismissal of complaint involving Democratic coordinated campaign activities.

Clark Camper, FEC Matter Under Review 5390

Represented former Freddie Mac lobbyist in FEC enforcement action involving corporate contributions and expenditures.

Democratic Senate Majority PAC, Matter Under Review 5343

Represented client in successful dismissal of FEC complaint for alleged violation of Bipartisan Campaign Reform Acts's (BCRA's) prohibition on raising non-federal funds.

New York Senate 2000, FEC Matter Under Review 5225

Represented joint fundraising committee in FEC enforcement action.

Bill Nelson for U.S. Senate, Carnahan for Senate Committee, Robb for U.S. Senate and Stabenow for U.S. Senate, FEC Matter Under Review 5158

Represented Senate campaigns in successful dismissal of FEC complaint involving endorsements by non-profit organization.

Dear for Congress, FEC Matter Under Review 4935

Represented House campaign in enforcement action concerning alleged contributions in the name of another.

Friends of Lois Capps, FEC Matter Under Review 4788

Represented House campaign in successful dismissal of FEC complaint involving party spending.

Democratic Senatorial Campaign Committee, FEC Matter Under Review 4516

Represented national party committee, Senate campaigns, and state parties in successful dismissal of complaint regarding party issue ad program.

Senator Chris Dodd, Senate Ethics Committee Investigation

Represented U.S. Senator in connection with Senate Ethics Committee investigation (2009).

Senator Robert Torricelli, Senate Ethics Committee Investigation

Represented Senator Robert Torricelli (NJ) in connection with Senate Ethics Committee investigation.

Senate Rules & Administration Committee Election Contest

Represented Senate Rules & Administration Committee in connection with 1996 contested Senate seat in Louisiana (1997).

Office of the Senate Democratic Leader

Consultant to the Office of Senate Democratic Leader Tom Daschle in connection with the investigation of alleged fundraising abuses during the 1996 Presidential campaign (1997).

Dayton 2010 Recount

Lead Recount lawyer for Governor Mark Dayton’s 2010 Minnesota Governor’s recount.

Franken 2008 Recount

Lead Recount lawyer for Senator Al Franken’s 2008 U.S. Senate recount.

Cantwell 2000 Recount

Counsel to U.S. Senator Maria Cantwell's United States Senate recount.

Reid 1998 Recount

Counsel to U.S. Senator Harry Reid’s U.S. Senate recount.

NEWS

News

PUBLICATIONS & PRESENTATIONS

Publications
  • 06.20.2014
    General Publications
    Harvard Law Review
    In McCutcheon v. Federal Election Commission, the Supreme Court struck down the “biennial aggregate limit” — a federal law limiting the total amount of money that an individual may contribute to federal candidates, party committees, and political action committees (“PACs”) in each two-year period. The per-candidate and per-committee limits (known as the “base limits”) remain in place, so the practical effect of McCutcheon is that individuals may now contribute the maximum amount to as many federal candidates, parties, and PACs as they please.
  • 01.28.2010
    Supreme Court Makes Landmark Decision on Political Advertising Funding
    Updates
    The U.S. Supreme Court issued its decision in Citizens United v. FEC, a case examining the legality of a documentary film released in 2008 about Hillary Clinton’s candidacy for president. In a 5-4 ruling, the court struck down laws banning independent electoral and issue advocacy sponsored by nonprofit and for-profit corporations.
Presentations
  • 10.03.2010 - 10.04.2010
    Speaking Engagements
  • 05.11.2010
    Speaking Engagements
  • 04.01.2010
    Speaking Engagements
  • 03.03.2010
    General Events
  • 02.04.2010
    General Events

RELATED INFORMATION

Areas of Focus

Bar and Court Admissions

  • District of Columbia

  • U.S. Supreme Court

  • U.S. Court of Appeals for the District of Columbia Circuit

  • U.S. Court of Appeals for the Fifth Circuit

  • U.S. District Court for the District of Columbia

Education

  • Duke University School of Law, J.D., 1993
  • Duke University, M.A., Political Science, 1993
  • Hamilton College, B.A., Government, 1990

Highlights

Elias, Marc Erik