Earlier this week, activist investors attempted to push through a shareholder resolution barring Chevron from using corporate funds for political activities.  The resolution called for the board of directors to “adopt a policy to refrain from using corporate funds to influence any political election.”  If passed, it would have prohibited not only direct contributions, but also electioneering communications, independent expenditures, and contributions to trade associations and non-profits where those funds are used to influence an election or referendum.

The resolution was a flop.  Although the activist investor firm which filed the proposal claimed that the vote count represented “a turning of the tide,” in reality, only four percent of shareholders reportedly backed it.

Chevron’s board had unanimously recommended a vote against the proposal and shareholders overwhelmingly agreed.  The board’s recommendation emphasized that “Chevron’s participation in the political process is an important means of protecting the interests of the Company and its stockholders.”  The policy, it noted, would undermine both “the Board’s flexibility to exercise its business judgment in a manner that it reasonably believes is in Chevron’s best interests” and “Chevron’s voice and position within the energy industry.”

The resolution’s failure is another example of the lack of shareholder support for corporate political spending proposals.  As we previously highlighted, “despite the significant number of such proposals submitted in 2012, political spending proposals did not fare well with shareholders, garnering only 26% support from shareholders on average (as compared to 31% average support in 2011).”  The ubiquity of political spending resolutions therefore continues to evidence the zeal of the activists behind them, not necessarily widespread and genuine shareholder interest and support.

Photo of Zachary G. Parks Zachary G. Parks

Zachary Parks advises corporations, trade associations, campaigns, and high-net worth individuals on their most important and challenging political law problems.

Chambers USA describes Zachary as “highly regarded by his clients in the political law arena,” noting that clients praised him as their “go-to outside…

Zachary Parks advises corporations, trade associations, campaigns, and high-net worth individuals on their most important and challenging political law problems.

Chambers USA describes Zachary as “highly regarded by his clients in the political law arena,” noting that clients praised him as their “go-to outside attorney for election law, campaign finance, pay-to-play and PAC issues.” Zachary is also a leading lawyer in the emerging corporate political disclosure field, regularly advising corporations on these issues.

Zachary’s expertise includes the Federal Election Campaign Act, the Lobbying Disclosure Act, the Ethics in Government Act, the Foreign Agents Registration Act, and the Securities and Exchange Commission’s pay-to-play rules. He has also helped clients comply with the election and political laws of all 50 states. Zachary also frequently leads political law due diligence for investment firms and corporations during mergers and acquisitions.

He routinely advises corporations and corporate executives on instituting political law compliance programs and conducts compliance training for senior corporate executives and lobbyists. He also has extensive experience conducting corporate internal investigations concerning campaign finance and lobbying law compliance and has defended his political law clients in investigations by the Federal Election Commission, the U.S. Department of Justice, Congressional committees, and in litigation.

Zachary is also the founder and chair of the J. Reuben Clark Law Society’s Political and Election Law Section.

Zachary also has extensive complex litigation experience, having litigated major environmental claims, class actions, and multi-district proceedings for financial institutions, corporations, and public entities.

From 2005 to 2006, Zachary was a law clerk for Judge Thomas B. Griffith on the United States Court of Appeals for the District of Columbia.