Almost every election cycle, some outcomes come down to a small handful of votes. With months of long days, late nights, and lost weekends and millions of dollars in donor investments on the line, campaigns, ballot measure committees, and their donors need certainty that every vote is fairly counted. Combining our nationally recognized Election and Political Law Practice Group with industry-leading litigators, Covington is uniquely positioned to help clients navigate disputes and recounts in close elections.

From Alaska to Washington, DC, our bipartisan team of election law experts and litigators help clients prepare for election challenges and disputes before they occur and navigate high stakes recounts and disputes before election officials and in courts across the country.

In this alert, we describe how election challenges put significant political campaign investments at risk and why campaigns must prepare for disputed elections in advance.

Photo of Robert Kelner Robert Kelner

Robert Kelner is the chair of Covington’s nationally recognized Election and Political Law Practice Group.  He counsels clients on the full range of political law compliance matters, and defends clients in civil and criminal law enforcement investigations concerning political activity. He also leads…

Robert Kelner is the chair of Covington’s nationally recognized Election and Political Law Practice Group.  He counsels clients on the full range of political law compliance matters, and defends clients in civil and criminal law enforcement investigations concerning political activity. He also leads the firm’s prominent congressional investigations practice.

Rob’s political law compliance practice covers federal and state campaign finance, lobbying disclosure, pay to play, and government ethics laws. His expertise includes the Federal Election Campaign Act, Lobbying Disclosure Act, Ethics in Government Act, Foreign Agents Registration Act, and Foreign Corrupt Practices Act.

He is also a leading authority on the arcane rules governing political contributions and marketing activities by registered investment advisers and municipal securities dealers.

Rob’s political law clients include numerous multinational corporations, many of which are household names.  He counsels major banks, hedge funds, private equity funds, trade associations, PACs, political party committees, candidates, lobbying firms, and politically active high-net-worth individuals. He has represented the Republican National Committee, National Republican Congressional Committee, and National Republican Senatorial Committee.  He also advises Presidential political appointees on the complex vetting and confirmation process.

As a partner in the firm’s White Collar Defense & Investigations practice group, Rob regularly defends clients in congressional investigations before virtually every major congressional investigation committee.  He also defends corporations and others in investigations by the Federal Election Commission, the Public Integrity Section of the U.S. Department of Justice, federal Offices of Inspector General, and the House & Senate Ethics Committees.  He has prepared many CEOs and corporate executives for testimony before congressional investigation panels. He regularly leads the Practicing Law Institute’s training program on congressional investigations for in-house lawyers.  In addition, he is frequently retained to lead internal investigations and compliance reviews for major corporate clients concerning lobbying and campaign finance law issues.

Rob has appeared as a commentator on political law matters on The PBS News Hour, CNBC, Fox News, and NPR, and he has been quoted in the New York Times, Washington Post, Wall Street Journal, Associated Press, Legal Times, Roll Call, The Hill, Politico, USA Today, Financial Times, and other publications.

Rob is Chairman of Covington’s Professional Responsibility Committee and a General Counsel of the firm.  He also currently serves as Chairman of the District of Columbia Bar’s Legislative Practice Committee, and he previously was appointed by the President of the American Bar Association to serve on the ABA’s Standing Committee on Election Law.

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…

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.

Matthew Glover

Matthew Glover is an appellate and trial litigator with extensive experience representing clients challenging government regulations, defending against agency enforcement actions, and participating in agency proceedings. He has successfully argued more than 20 cases in the U.S. Court of Appeals for the District…

Matthew Glover is an appellate and trial litigator with extensive experience representing clients challenging government regulations, defending against agency enforcement actions, and participating in agency proceedings. He has successfully argued more than 20 cases in the U.S. Court of Appeals for the District of Columbia Circuit and briefed dozens more. Matt draws from his years of experience as a government attorney when counseling clients on complex constitutional, statutory, and administrative law issues.

Before joining Covington, Matt served in the Office of the Solicitor at the Federal Energy Regulatory Commission. He drafted appellate briefs and presented argument in appellate courts defending FERC orders under the Federal Power Act, Natural Gas Act, Interstate Commerce Act, National Environmental Policy Act, and Public Utility Regulatory Policy Act. He advised senior FERC staff regarding litigation risk and strategy and served as lead agency counsel in the Administrative Procedure Act litigation handled by the Department of Justice.

Previously, Matt served as Senior Counsel in the Civil Division and Senior Nominations Counsel in the Office of Legal Policy at the Department of Justice. He argued cases in the federal courts of appeals, tried cases before district courts, and helped prepare government officials and judicial nominees for congressional hearings. At DOJ Matt represented numerous federal agencies including the Centers for Medicare and Medicaid Services, the Department of Health and Human Services, the Department of Labor, the Department of Transportation, the Department of the Treasury, and the Federal Communications Commission. Matt served as co-chair of the Fraud on the Government and Healthcare Fraud Working Groups. Matt received the Attorney General’s Award for Distinguished Service in 2019 in recognition of his accomplishments and service.

Matt began his career as a law clerk to Judge A. Raymond Randolph on the U.S. Court of Appeals for the D.C. Circuit and to then-Judge Neil M. Gorsuch on the U.S. Court of Appeals for the Tenth Circuit. He currently serves on the D.C. Circuit’s Advisory Committee on Procedures.

Photo of Matthew Shapanka Matthew Shapanka

Matthew Shapanka practices at the intersection of law, policy, and politics, developing strategies to guide businesses facing complex legislative, regulatory, and investigative matters. Matt draws on more than 15 years of experience across Capitol Hill, private practice, state government, and political campaigns to…

Matthew Shapanka practices at the intersection of law, policy, and politics, developing strategies to guide businesses facing complex legislative, regulatory, and investigative matters. Matt draws on more than 15 years of experience across Capitol Hill, private practice, state government, and political campaigns to advise clients on leading-edge policy issues involving artificial intelligence, semiconductors, connected and autonomous vehicles, and other critical and emerging technologies.

Matt works with clients to develop and execute complex public policy initiatives that involve legal, political, and reputational risks. He regularly assists clients to:

Develop public policy strategies
Draft federal and state legislation and regulations
Analyze legislation, regulations, and other government initiatives
Craft testimony, regulatory comments, fact sheets, letters and other advocacy materials
Prepare company executives and other witnesses to testify before Congress, state legislatures, and regulatory bodies
Represent clients before Congress, the White House, federal agencies, state legislatures, and state regulatory agencies
Build and manage policy advocacy coalitions

He advises clients across multiple policy areas, including matters involving regulation of critical and emerging technologies like artificial intelligence, connected and autonomous vehicles, and semiconductors; national security; intellectual property; antitrust; financial services technologies (“fintech”); food and beverage regulation; COVID-19 pandemic response and recovery; and election administration and campaign finance.

Matt rejoined Covington after serving as Chief Counsel for the U.S. Senate Committee on Rules and Administration, where he advised Chairwoman Amy Klobuchar (D-MN) on all legal, policy, and oversight matters before the Committee. Most significantly, Matt staffed the Committee in passing the Electoral Count Reform Act – a landmark bipartisan law that updates the procedures for certifying and counting votes in presidential elections—and the Committee’s bipartisan joint investigation (with the Homeland Security Committee) into the security planning and response to the January 6, 2021 attack on the Capitol.

Both in Congress and at Covington, Matt has prepared dozens of corporate and nonprofit executives, academics, government officials, and presidential nominees for testimony at congressional committee hearings and depositions. He is a skilled legislative drafter who has composed dozens of bills and amendments introduced in Congress and state legislatures, including several that have been enacted into law across multiple policy areas. Matt also leads the firm’s state policy practice, advising clients on complex multistate legislative and regulatory matters and managing state-level advocacy efforts.

In addition to his policy work, as a member of Covington’s nationally recognized (Chambers Band 1) Election and Political Law Practice Group, Matt advises and represents clients on the full range of political law compliance and enforcement matters, including:

Federal election, campaign finance, lobbying, and government ethics laws
The Securities and Exchange Commission’s “Pay-to-Play” rule
Election and political laws of states and municipalities across the country

Before law school, Matt served in the administration of former Governor Deval Patrick (D-MA), where he worked on policy, communications, and compliance matters for federal economic recovery funding awarded to the state. He has also staffed federal, state, and local political candidates in Massachusetts and New Hampshire.

Photo of Lauren Cox Lauren Cox

Lauren Cox is an associate in the firm’s Washington, DC office. She is a member of the Congressional Investigations and Election and Political Law Practice Groups where she advises companies and individuals facing high-profile congressional investigations and hearings involving significant legal and political…

Lauren Cox is an associate in the firm’s Washington, DC office. She is a member of the Congressional Investigations and Election and Political Law Practice Groups where she advises companies and individuals facing high-profile congressional investigations and hearings involving significant legal and political risks. She also assists with white collar defense matters.

Lauren maintains an active pro bono practice.

Prior to law school, Lauren served in the White House in the Office of the Vice President and United States Senate.