Democracy & Justice Practice: Compliance, Initiatives, and Constitutional Advocacy
At Barton Mendez Soto PLLC, we see our practice as a partnership with clients who are working to preserve and expand the rights of people and communities that have too often been marginalized or exploited. We bring both conviction and deep expertise to that work, especially in navigating complicated systems where law and politics intersect. From the overlapping rules of the FEC and IRS that shape how advocacy organizations and multi-entity structures operate, to the strategies behind funding ballot measures and building political action committees, we use our knowledge to help progressive movements move forward. Together with our clients, we take on the legal, political, and administrative barriers that stand in the way of justice.
Campaign Finance Compliance
Operating political campaigns in Arizona requires navigating a complex network of laws and regulations. Advocates must consider (a) Federal Election Commission regulations, (b) Arizona state law—including rules on ballot measure expenditures by independent groups, (c) the Citizen’s Clean Elections Act—covering reporting requirements for statewide independent expenditures, (d) the Voter Right to Know Act—relating to solicitation, disclaimers, and original source disclosures for candidate and ballot measure campaigns, and (e) local ordinances in Phoenix, Tucson, Tempe, and other cities that maintain their own campaign finance systems. We provide support to ensure advocates can pursue their goals without unnecessary risk of violations. Our team also assists in holding others accountable by helping file complaints against violators or defending against complaints when necessary. We have extensive experience interpreting the Voter Right to Know Act on behalf of both local and national advocacy groups, always with a focus on protecting and expanding democratic participation.
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Forming and Operating Political Organizations
Political advocacy requires effective organizational structures that comply with the law while advancing the mission. We support advocates in forming political organizations—what the IRS terms “political organizations” and election regulators call “political committees.” These include candidate committees, independent expenditure PACs, and union separate segregated funds. Beyond ensuring compliance, we help organizations adopt practices that reflect their values and strengthen their ability to influence policy and elections.
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Forming and Operating Civic Engagement Organizations
Many advocates effect change through civic engagement organizations that focus on issues and ballot measures rather than candidate elections. These organizations often take the form of 501(c)(4) social welfare nonprofits, 501(c)(5) labor organizations, or 501(c)(6) trade associations. Some operations can also be conducted through a 501(c)(3) charitable entity, which enjoys the benefit of tax-deductible contributions. We guide advocates through selecting the structure that best advances their goals and provide ongoing support for compliance and organizational health—so their energy remains focused on driving meaningful change.
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Ballot Measures
Ballot initiatives have been one of the most powerful tools for securing and expanding rights in Arizona. We have guided numerous committees through every stage of the process, from signature gathering to ballot access litigation to defending citizen-enacted laws against challenges. For example, in the campaign for the Arizona Minimum Wage Act, which raised the state’s minimum wage above $15 per hour, we successfully defended the measure and challenged employer practices that sought to undermine it. Our commitment is always to support advocates in protecting the voice of the people and ensuring that victories at the ballot box are fully realized in practice.