E-News from State and Federal
New Addition to the 10-Year Club
On April 1st, we added Comptroller Jeff Roberts to
the 10-Year Club. He is now our sixth member to this exclusive
club. This is a huge recognition at State and Federal
According to the Bureau of Labor Statistics, only 30 percent of
employees had 10 year or more of tenure with their current
employer. And, the median number of years with an employer is
only 4.4 years.
Yesterday, we celebrated Jeff’s milestone and he mentioned so
many things that have happened in 10 years.
Staff increased from 13 to 36;
Space increased from 8,200 sq feet to 16,000 sq feet;
We published the updates to our Political Contributions and
Lobbying Laws publications twice a year and now we update
our website every day;
We added the Procurement Lobbying and Canadian Lobbying to
our suite of on-line services;
Increased our consulting clients from 19 to 126; and
The number of children from staff went from eight (8) to 32.
Jeff’s input into the operation of the company is not seen to
the outside crowd, but he has been an amazing trusted employee
making sure we are always ahead on bills and the IRS. And, as he
mentioned at our program yesterday, has never worried as to
whether he would be paid or whether benefits would be provided.
We live in a different society now. Tenure used to only be
associated with academic careers. In the private sector, tenure
is the faithful commitment to an employer who has proven there
is worth to staying.
Thanks to Jeff Roberts for 10 years of faithful service.
The 10 Year Club
Featuring Jim Sedor, Nicolette Koozer, Jeff Roberts, Nola Werren,
Ren Koozer, and Elizabeth Z. Bartz.
Elizabeth Z. Bartz
President and CEO
Court to Hear Challenge to
Aggregate Contribution Limits
States Supreme Court has decided to hear a case challenging the
aggregate federal limits for a person making contributions to
candidates, party committees, and PACs. The case, McCutcheon v.
Federal Election Commission (FEC), is expected to be argued and
decided during the Court’s next term, which begins in October, 2013.
Shaun McCutcheon, is an Alabama businessman who regularly makes
political contributions to Republican candidates and the Republican
National Committee (RNC). Mr. McCutcheon wishes to contribute $26,200
more to candidates and committees than the aggregate ceiling would
allow. However, he is not challenging the limits on contributions to
individual candidates and entities. Mr. McCutcheon wants to give to more
candidates and political entities. The RNC is also a plaintiff in the
imposes two types of limits on individual political contributions, base
limits and biennial limits.
restrict the amount an individual may contribute to:
national party committee;
local, and district party committee; and
political action committee.
limits restrict the aggregate amount an
individual may contribute biennially, using the 2011-2012 election cycle
limits argued against in the lawsuit, as follows:
candidate committees; and
all other committees, of which no more than $46,200 may go to
non-national party committees (e.g., state parties and PACs).
are only challenging the overall limits (the biannual limits) and not
the base limits.
for McCutcheon and the RNC argue the two-year ceilings federal law sets
on what an individual can contribute during a campaign are
unconstitutional. Specifically, they assert the limits on contributions
violate a contributor’s right to free speech; the limits for biennial
contributions are too low; and the distinction between contributions and
expenditures articulated in the 1976 US Supreme Court case Buckley v.
Valeo are no longer applicable because of the changes in campaign
finance laws over the last 30 years. Buckley v. Valeo allowed for
government regulation of contributions to prevent political corruption
and prohibited government regulation of expenditures because of
First Amendment protections.
Citizens United v FEC, which concerned political expenditures,
McCutcheon v FEC addresses contribution limits. Additionally, this
case does not involve the political contributions or expenditures of
Summary of Changes UPDATE
Note Recent Changes to
by John Cozine, Esq.
OHIO: The state has increased its campaign contribution limits.
Individuals, political action committees (PACs), and political
contributing entities (PCEs) may now contribute $12,155.52 to any one
statewide, senate, or house campaign committee during a primary or
general election period, or to a PAC or PCE during a calendar year. An
individual may contribute this same amount to the state candidate fund
of a county political party in the individual's county of residence. The
previous limit was $11,543.70. Additionally, the limit individuals,
PACs, and PCEs may contribute per calendar year to any one state
candidate fund of a state political party increased to $36,466.56 from
$34,631.11. The limit to any one legislative campaign fund increased to
$18,233.28 from $17,315.55. These limits are effective until February
FEDERAL: The United States Supreme Court decided to grant review to
a case challenging the aggregate limits on federal campaign
contributions. The case, McCutcheon v. Federal Election Commission,
seeks to allow Shaun McCutcheon to make political contributions to
several federal candidates exceeding the two-year aggregate limit
currently set at $48,600, as provided in 2 U.S.C §441a(a)(3)(A).
CHICAGO: The City Council approved phase two of Mayor Rahm
Emanuel’s ethics reform. The set of reforms focused mainly on public
officials. Mayor Emanuel’s proposal included a two-year ban on lobbying
after leaving city council office and allowed citizens to make anonymous
complaints against aldermen. The council was against both of these
provisions and eventually passed a watered-down version of the proposal.
The ban on lobbying will only last for one year and does not take effect
until January 1, 2014. The idea of anonymous complaints was completely
removed because the aldermen were afraid the tactic would be used by
political enemies to gain an advantage.
EL PASO, TEXAS:
This May El Paso voters will decide whether to move
city elections to November or let them remain in the spring. The City
Council voted February 14, 2013, to allow the voters to amend the city’s
charter and choose the timing of future municipal elections. The council
did not make any recommendation as to its preference. If approved, the
first November election would be held in 2018.
WASHINGTON: Washington’s grassroots lobbying disclosure law remains
in place after a federal appellate court dismissed a lawsuit. The 9th
U.S. Circuit Court of Appeals dismissed the claims by Many Cultures, One
Voice and Conservative Enthusiasts challenging the state’s disclosure
laws for grassroots lobbying. The law requires groups to disclose
contributions and spending once they have spent $500 in one month or
$1,000 over a three-month period for grassroots lobbying. The court
ruled the two groups did not have standing to sue because they never
actually met the threshold for having to disclose activities. Initially,
the two groups argued the disclosure requirements thwarted free speech,
but the trial court ruled against the groups, finding the law did not
violate the First Amendment.
Legislation We Are
At any given time, more than 1,000
legislative bills, which can affect how you do business as a government
affairs professional, are being discussed in federal, state, and local
jurisdictions. These bills are summarized in the State and Federal
Communications digital encyclopedias for lobbying laws, political
contributions, and procurement lobbying, and can be found in the client
portion of the State and Federal Communications' website.
Summaries of major bills are also included
in monthly e-mail updates sent to all clients. The chart below shows the
number of bills we are tracking in regards to lobbying laws, political
contributions, and procurement lobbying.
Number of Jurisdictions
E B S I T E
T I P
Are you looking for the perfect news article to help you prove a point
to a colleague or supervisor, but you already deleted the last News You
Can Use e-mail you received? Good news! Subscribers have the ability to
view News You Can Use archives on our website. The archives can be
accessed using the "News You Can Use" link found at the top of the page.
The link appears whenever you are in one of the Resource Pages, which
are available immediately upon logging in to the website, or when you
are viewing any of the entries. You can search News You Can Use articles
by date, jurisdiction, or subject matter.
ASK THE EXPERTS
State and Federal
Communications’ Experts Answer Your Questions
Here is your chance to “Ask the Experts” at State and
Federal Communications, Inc. You can directly submit questions for this
feature, and we will select those most appropriate and answer them here.
Send your questions to:
(Of course, we have always been available to answer questions from
clients that are specific to your needs, and we encourage you to
continue to call or e-mail us with questions about your particular
company or organization. As always, we will confidentially and directly
provide answers or information you need.) Our replies to your questions
are not legal advice. Instead, these replies represent our analysis of
laws, rules, and regulations.
interested in making a political contribution in Puerto Rico.
What are the current political contribution limits? Am I
required to disclose my contribution?
In Puerto Rico, individuals and PACs may
make contributions. Direct corporate contributions are
prohibited. Puerto Rico has recently raised the annual political
contribution limits. In response to the Federal Election
Commission raising the federal contributions limits in 2 U.S.C.
§441a(a)(1)(A), the Oficina del Contralor Electoral (OCE)
issued Circulated Letter OCE-CC-2013-02. The circulated letter
raises the individual and PAC contribution limits to $2,600 per
candidate per year, with an aggregate contribution limit of
$13,000. In an election year, the limits are modified to $2,600
per candidate per election, and $13,000 in the aggregate per
election. These contribution limits do not apply to independent
There are no reporting requirements for
individuals making contributions in Puerto Rico. PACs, however,
have a quarterly disclosure requirement for any quarter in which
contributions were received or expenditures were made. PACs
established and registered in a jurisdiction other than Puerto
Rico have separate reporting requirements under the campaign
finance regulations issued by the OCE.
For specific guidance on making
contributions in Puerto Rico, please contact Sarah Kovit.
March's Expert -
Sarah Kovit, Esq., Compliance Associate
Wealth of Information at
Want to interact
with your fellow government affairs and procurement colleagues? Then
jump into the State and Federal Communications, Inc. blog at
Once there, you
can join the exchange of ideas and view solutions to common challenges
and problems. Also, State and Federal Communications continually adds
content to the blog, including ‘hot topics,’ which are summaries of
important news items you need to know.
the conversation, and make use of this valuable information resource.
State and Federal
Scrapbook - 2013
PAC National Dream Team made a special appearance in Miami.
Once again the team included,
Elizabeth Z. Bartz - State and Federal
Communications, Inc., Ken Gross - Skadden Arps & Michael Toner -
Attending the 2013 PAC National Conference in
Miami Beach included our own Jen Zona, Esq., Jon Spontarelli,
Ren Koozer, and Melissa M. Coultas.
Thanks for the memories.
The 2011-2012 SGAC Board.
Row 1: Joe Crosby, Jenn Mendez, TJ Bolger,
Elizabeth Z. Bartz, Mike Thompson, Karen Harrington, amd Chris Badgley.
Amy Hamerton, Gerard Dehrmann, George Cook, Melissa Garrett, Jon
Burton, and Donna Gehlhaart.
David Hickerson, Dan Colegrove, Andy Hackman, and Ab Basu.
See Us in Person
Plan to say hello at future
State and Federal Communications
will be attending and/or speaking regarding
April 14-16, 2013
April 22-25, 2013
April 25, 2013
WPNI 40th Anniversary
NOW is published for our customers and friends.
click here, or to
To send us comments regarding
COMPLIANCE NOW e-newsletter, click here.
Federal Communications, Inc. | Courtyard Square | 80 South
Summit St., Suite 100 | Akron, OH 44308 | 330-761-9960 |
330-761-9965-fax | 1-888-4-LAW-NOW|
The Mission of State
and Federal Communications is
to make sure that your
organization can say, "I Comply."
We are the leading
authority and exclusive information source
legislation and regulations surrounding campaign finance
and political contributions; state, federal, and
municipal lobbying; and procurement lobbying.
Contact us to learn how
conveniently our services will allow you to say "I
Comply" for your compliance activities.