As the primaries wind down and the conventions draw closer, there is more and more discussion of the Republican convention being contested. But what is a contested convention? How does the Republican Party handle such an event? And what does it mean for the eventual nominee?

The Pew Research Center describes a contested convention occurring “when no candidate has amassed the majority of delegate votes needed to win his or her party’s nomination in advance of the convention. A candidate still might gather the delegates needed by the time balloting begins, in which case the nomination is settled on the first ballot. But should the first ballot not produce a nominee, most delegates become free to vote for whomever they wish, leading potentially to multiple ballots.”

Since the adoption of the modern primary system in the early 1970s, most presidential conventions have not been contested as one candidate usually won enough delegates to enter the convention as the presumptive nominee. But this year there is a possibility no Republican candidate will have the majority of delegates when the convention begins.

Under the rules of the Republican National Convention, “each candidate for nomination for President … shall demonstrate the support of a majority of the delegates from each of eight or more states” (including territories) before he or she is able to be on the convention’s first ballot. The balloting process ends when one candidate receives the majority of delegate votes. This year there are 2,472 delegates, so to secure the Republican nomination a candidate will need 1,237—one more vote than 50 percent. Simply having a plurality of delegates is not enough to become the Republican nominee.

Entering the convention, each candidate who ran in the primaries will have a dedicated number of delegates from each state based on his or her performance in that state. Candidates who fail to have the support of enough states or who dropped out will not be able to be on the first ballot.

For the first ballot, the majority of delegates are bound to a specific candidate based on the performance of the candidate in the delegate’s state due to convention rules and, in some cases, state law. Some states assign delegates based on percentage of votes won in the primary, while others are “winner take all.” About 5 percent of the delegates come to the convention free to vote for who they want. These delegates, which include state party leaders and delegates from states or territories electing to not hold a primary, are able to vote their preference on the first ballot. Delegates who were bound to candidates who do not appear on the first ballot may also become unbound for the first ballot.

If no candidate receives a majority vote on the first ballot, the second and subsequent ballots are open to all who wish to put forth their names. Delegates are progressively unbound until all of them are free to vote their personal preference. The balloting will continue until a nominee is chosen. But the more ballots that occur, the less likely the nominee will win in November.

A Pew Research Center study looking at presidential elections since the Civil War found that only seven candidates coming out of contested conventions with multiple ballots were elected president. However, four of those seven candidates had opponents who had also been elected through a contested convention requiring multiple ballots. The last time this occurred was in 1920 when Warren Harding, who required 10 ballots to secure the nomination, beat James Cox, who required 44 ballots to secure his nomination.

The last president to be elected after a contested convention and face a candidate from an uncontested convention was Franklin Roosevelt in 1932. Adlai Stevenson was the last candidate to require multiple ballots to win the party nomination.

Sources:

Call of the 2016 Republican National Convention, Republican National Committee, 11/30/15

Contested presidential conventions, and why parties try to avoid them, Drew DeSilver, Pew Research Center, 2/4/16

The Democratic Convention of 1924, Digital History (archived page)

An Extremely Detailed Guide to What the Heck Might Happen at a GOP Contested Convention, Josh Voorhees, Slate Magazine, 3/10/16

On March 17, two bills were introduced into the U.S. Congress requiring the disclosure of political intelligence activities.

House Resolution 4809, The Political Intelligence Transparency Act, was introduced by Rep. Louise McIntosh Slaughter and Rep. John J. Duncan. This bill would subject individuals engaged in political intelligence to the same regulations and requirements as lobbyists, according to Slaughter’s press release. The bill amends the Lobbying Disclosure Act (LDA) by requiring registration and reporting of activities and imposes revolving door restrictions for members of Congress, executive branch officials, and their staff. An exemption exists in the bill for members of the media.

Sen. Chuck Grassley introduced Senate Bill 2738, a different bill also amending the LDA to require disclosure of political intelligence activities.

Photo of the United States Capitol by Martin Falbisoner on Wikimedia Commons.

A lawsuit seeking to eliminate the “LLC loophole” for political contributions was dismissed this week. The loophole, which allows large contributions by organizations controlling many limited liability companies, treats each limited liability company as a separate entity capable of contributing the maximum amount an individual may give.

Gov. Cuomo and Assembly Democrats support closure of the loophole, and the decision is expected to be appealed to the Appellate Division of the Third Judicial District of New York.

National:

Even as Political Spending Explodes, Disclosure Remains Hazy
CTNewsJunkie.com – Mary Spicuzza (Milwaukee Journal Sentinel) and Jeremy White (Sacramento Bee) | Published: 3/15/2016

So-called dark money spending is expected to explode during this presidential election year. Congress could require more disclosure about who is financing campaigns, but it has made no move to do so. Attempts to force more disclosure from outside special interest groups have succeeded in some states. But there is a limit to what states can do, since they do not have oversight of spending on federal races, which are consistently the costliest elections. While some state election agencies have moved to make more donor information public, they often struggle to win support from lawmakers, said Denise Roth Barber of the National Institute on Money in State Politics.

Federal:

Donald Trump’s Presidential Run Began in an Effort to Gain Stature
New York Times – Maggie Haberman and Alexander Burns | Published: 3/12/2016

During his remarks at the White House Correspondents’ Association Dinner in 2011, President Obama lampooned Donald Trump. After the dinner ended, Trump quickly left, appearing upset. That evening of public abasement accelerated Trump’s efforts to gain stature within the political world. And it captured the degree to which his campaign is driven by a yearning sometimes obscured by his bluster and bragging: a desire to be taken seriously. That desire has played out over the last several years within a Republican Party that placated and indulged him, and accepted his money and support, seemingly not grasping how determined he was to become a major force in American politics. In the process, the party bestowed upon Trump the kind of legitimacy that he craved, which has helped him pursue a credible bid for the presidency.

Rubio’s Demise Marks the Last Gasp of the Republican Reboot
Washington Post – Robert Costa and Philip Rucker | Published: 3/15/2016

U.S. Sen. Marco Rubio dropped out of the presidential race after losing the Florida primary to Donald Trump and failing to unite the Republican establishment against the front-runner. Since Mitt Romney’s loss in 2012, the Republican National Committee and leading voices at think tanks and editorial boards have charted a path back to the White House based on inclusive rhetoric and a focus on middle-class issues. Nobody embodied that vision better than Rubio, a standard-bearer for conservative orthodoxy who readily embraced the proposals of the right’s elite thinkers. But his once-promising candidacy, as well as the conservative reform movement’s playbook, was spectacularly undone by Trump and his defiant politics of economic and ethnic grievance. The drift toward visceral populism became an all-consuming rush, leaving Rubio and others unable to adjust.

Supreme Court Nomination Drives Groups from Left and Right to Fight
New York Times – Eric Lipton | Published: 3/16/2016

With the selection by President Obama of Merrick Garland to fill the vacancy on the U.S. Supreme Court, advocacy groups from the left and the right are now fully engaged in what both sides agree will be a highly contentious nomination fight, even if the Senate never formally considers the president’s choice. Part of the intensity is a reflection of the enormous and diverse range of special interest groups that have decided to engage in this fight, which will be the first in an age in which social media has become a dominant force. In many cases, the groups have set aside longstanding tensions that have prevented them from teaming up in a unified way.

Wild Card for Trump: Who gets to be a convention delegate?
Washington Post – Karen Tumulty and Jose DelReal | Published: 3/16/2016

With more than half the states having now held their nominating contests, Donald Trump and U.S. Sen. Ted Cruz are directing their attention to a second, shadow election campaign – one that is out of sight and little understood but critical if Republicans arrive at their national convention with Trump short of a majority of delegates. This parallel campaign is to select the individual delegates who will go to Cleveland in July for what could be the first contested convention in more than 60 years. Chosen through a byzantine process in each state, most of the delegates will become free agents if no one wins a majority on the first ballot. The mere prospect that delegates could deny Trump the nomination led him to predict that violence could erupt in such a scenario.

From the States and Municipalities:

California – FPPC Votes to Tighten California Lobbying Regulations
Sacramento Bee – Taryn Luna | Published: 3/17/2016

The California Fair Political Practices Commission (FPPC) voted to narrow a regulation that allows people to avoid identifying themselves as lobbyists by attending Capitol meetings as experts. The regulation has faced scrutiny as a way for former legislators and officials to skirt state rules requiring they wait a year after leaving office to lobby their former colleagues. The changes approved by the FPPC state that the “ride-along” participant must work for the lobbyist employer and can only act as an expert on subject matter related to the legislation under discussion.

California – How a State Senator – Whose Family is in the Taxi Business – Put the Brakes on Two Uber Bills
Los Angeles Times – Liam Dillon | Published: 3/11/2016

San Diego taxi company owner Alfredo Hueso is a frustrated businessperson. He believes state regulations are helping companies like Uber and Lyft rob him of business. And as he complained in a recent letter to the state Senate president, elected leaders are not doing anything to fix the problem. In that battle, though, Hueso has one advantage over the ridesharing companies: his younger brother is state Sen. Ben Hueso, an important advocate in Sacramento for the taxi industry. Since his election to the Legislature more than five years ago, Sen. Hueso has pushed for stiffer regulation of rideshare companies amid a battle playing out all over the country. At the same time, the burgeoning industry has stepped up its attempt to influence policy in Sacramento.

Florida – FBI Agents Blow Lid Off Opa-locka City Hall Corruption Probe
Miami Herald – Jay Weaver, Michael Sallah, and Katie Lepri | Published: 3/10/2016

Federal agents raided Opa-locka City Hall to gather official records, computers, and other evidence in a public corruption probe zeroing in on top public officials, including the mayor and other city commissioners. The FBI’s search follows a two-year investigation into allegations of kickback schemes between government contractors and public officials, according to law enforcement sources familiar with the case. The crackdown comes at a time when Opa-locka, one of Miami-Dade County’s poorest cities, has been struggling with a financial crisis stemming from millions of dollars in uncollected revenue and mismanagement.

Hawaii – Honolulu Ethics Director on Leave after Internal Investigation
Honolulu Civil Beat – Anita Hofschneider | Published: 3/14/2016

Chuck Totto, the Honolulu Ethics Commission’s longtime executive director, is on leave following an independent investigation by the commissioners into the management of the agency’s staff. He has been gone since March 1 and plans to return on April 4. Totto has had a contentious relationship with Mayor Kirk Caldwell and, increasingly, the commission over the last three years.

Hawaii – Passing The Buck: When Hawaii politicians give to each other
Honolulu Civil Beat – Nathan Eagle | Published: 3/15/2016

Hawaii law prohibits candidates from using their own campaign funds to support others running for office. But some state legislators and other officeholders have long gotten around the ban through a loophole that lets them buy up to two tickets to another politician’s fundraiser for an amount often equal to the maximum allowable individual campaign contribution. Now the Legislature is considering a bill that would remove the need to hold a fundraiser and simply allow direct campaign donations between candidates, something critics contend amounts to buying influence.

Michigan – Could More Government Transparency Help Prevent Another Flint?
Christian Science Monitor – Jessica Mendoza | Published: 3/17/2016

The drinking water crisis in Flint, which left about 200 children diagnosed with dangerous levels of lead in their blood, underscored not only officials’ failure to address concerns about the city’s water quality, open government advocates say. It also reflects an overall lack of transparency in Michigan’s government, which two watchdog groups characterized as the worst in the nation. As some, but not all, e-mails related to the decision to switch Flint’s water source have been released, it also has called to question loopholes in the state’s Freedom of Information Act, which some say allowed officials to function with little public oversight. More broadly, the situation has renewed national conversation about the value of the public’s right to know and the role of accountability in effective governance.

New Mexico – Questions Raised about Martinez’s Inaugural Spending
Las Cruces Sun-News – Justin Horwath | Published: 3/14/2016

How the nearly $1 million that Susana Martinez’s inaugural committee raised was spent has remained largely a mystery and was, until recently, among the subjects of a long-running FBI investigation into Jay McCleskey, the governor’s top political adviser. McCleskey’s lawyer said the FBI has dropped its inquiry and no grand jury indictment is forthcoming. Records obtained by The Santa Fe New Mexican provide details into the committee’s spending, including more than $130,000 that went to companies connected to McCleskey. The documents also provide strong evidence that, despite the committee’s promises to the contrary, some of the 2010 inaugural money was used for fundraising for Martinez’s 2014 re-election campaign. The committee had promised to donate all unspent money to charity.

New York – Suit to Close LLC Loophole Tossed
Albany Times Union – Chris Bragg | Published: 3/16/2016

A judge has dismissed a challenge to the New York Board of Elections’ treatment of limited liability companies (LLCs). The board treats LLCs as individuals for the purpose of determining campaign contribution limits, which allows those who control many of them give politicians far more than the caps that apply to other individuals. The Brennan Center for Justice brought a case challenging this interpretation. State Supreme Court Justice Lisa Fisher dismissed the case, finding the statute of limitations against the 1996 board decision had passed. She also wrote that the treatment of LLCs “has all the hallmarks of a political question best suited for resolution through legislative action.”

Washington – Judge Finds Grocery Group Violated Campaign Laws in 2013
Tacoma News-Tribune – Donna Gordon Blankinship (Associated Press) | Published: 3/11/2016

A judged ruled the Grocery Manufacturer’s Association (GMA) violated Washington’s campaign finance disclosure laws by hiding the identities of corporate donors that were funding efforts to defeat a food labeling initiative in the state. But Superior Court Judge Anne Hirsch said the case has to go to trial to determine what fine the group will pay; the amount depends on whether the violation was intentional. The GMA raised $14 million from corporations to fight Initiative 522 and then donated $11 million in the organization’s name. State Attorney General Bob Ferguson sued the association in October 2013.

Washington – Voters Could Get $150 to Give to Candidates under Proposed Initiative
Seattle Times – Jim Brunner | Published: 3/14/2016

Washington voters would be allowed to make $150 in taxpayer-funded donations to legislative candidates every two years under a ballot initiative proposal. Backers of the measure, aimed at the November 2016 ballot, say it would curb the influence of moneyed special interests by creating the new public campaign financing system, modeled in part on a “Democracy vouchers” initiative approved by Seattle voters last year. It also would make a host of changes to state campaign finance and lobbying laws, including a $100 limit on campaign donations by government contractors and lobbyists to candidates for offices with power to benefit them.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

At its March 17, 2016, meeting, the Fair Political Practices Commission (FPPC) passed an amendment to lobbying regulations narrowing the “ride along” exception to the definition of direct communication for registration.

The new amendment limits the ride along exception to employees of the lobbyist employer who participate in the meeting or communication only as a subject matter expert.

Proponents of the Voters Right to Know Act suspended their campaign for a California ballot measure to trace dark money and tighten lobbying and campaign finance regulations. Jim Heerwagen, who led the campaign, said he is ending the work on the initiative because there are now several bills in the Legislature that cover the same issues.

Heerwagen cited Senate Bill 1349, introduced to create a new campaign finance database, as one of the pending bills that would carry out the goal of his campaign.

The West Virginia Legislature reached the end of its 60-day session on March 12, 2016, without an agreement on the state’s budget. As required by the state’s constitution, Gov. Earl Ray Tomblin has issued a proclamation of a three-day extended session where lawmakers will work to finalize the budget. The extended session will begin on March 14, 2016.

If unsuccessful, the governor has indicated he will call for a special session.

The Florida Legislature adjourned its regular session sine die as scheduled on March 11, 2016.

The session was a display of bipartisan cooperation, netting an $82 billion budget, and stood in stark contrast to last year where a bitter fight over the budget led to multiple special sessions. The new budget was passed by a vote of 159 to 1.

The Washington State Legislature adjourned its regular 2016 session on March 10.

Gov. Jay Inslee immediately called a special 30-day session. The special session is needed to pass a supplemental budget.

San Luis Obispo City Council will review a proposed ordinance to create a system of democracy voucher funding for municipal elections. The voucher system provides each registered voter with a $20 voucher that can be donated to the municipal candidate of choice. Candidates opting in to receive the voucher funds would be restricted to using only those funds; the program is optional because it is unconstitutional to completely ban privately funded elections.

This ordinance would also create an ethics commission and require reporting on independent expenditures over $500. The council will review the ordinance on March 15, 2016.

The Utah Legislature adjourned its 2016 session sine die on March 10. Gov. Gary Herbert has until March 30 to veto or sign legislation. The governor does not possess a pocket veto. The normal effective date for bills passed this year, unless otherwise specified, is May 9.

Photo of the Utah State Capitol by Robert Cutts on Wikimedia Commons.

Federal:

Ben Carson’s Small-Dollar Donors Could Keep Yielding Big Money
Center for Public Integrity – Carrie Levine | Published: 3/3/2016

Ben Carson’s database containing personal information on more than 700,000 donors to his presidential campaign could be a big money-maker if supporters’ information is rented to other candidates, political committees, and even for-profit data brokers, that may, in turn, use it to raise money. Some of the primary beneficiaries of renting Carson’s list would likely be his own campaign consultants and political operatives, who typically oversee marketing such lists and administering what remains of the campaign apparatus. A high percentage of Carson’s contributors has not previously given to candidates, which means those donors are less likely to be on other political lists already in circulation. This makes Carson’s supporter database an even more valuable commodity, to the party and to others who want to raise money.

Lobbyists Plan for Battle over Contractor Fair Pay Rule
Bloomberg BNA – Ben Penn | Published: 3/3/2016

A controversial executive order requiring federal contractors to disclose past employment law violations has trade association lobbyists, worker advocates, and attorneys gearing up for a fierce debate on Capitol Hill and in the courts. The Federal Acquisition Regulatory Council and the Labor Department are busy finalizing a regulation and guidance to implement the President Obama’s Fair Pay and Safe Workplaces Executive Order. It requires businesses to disclose any violations of 14 federal labor and employment laws, as well as comparable state laws, for the previous three years to be eligible for contracts worth more than $500,000. It allows agencies to deny contracts based on the information.

The FEC Just Made It Easier for Super PAC Donors to Hide Their Identities
Washington Post – Matea Gold | Published: 3/7/2016

Political donors hiding their super PAC contributions behind shell companies have effectively been given the green light to continue the practice after the FEC could not agree whether to open an investigation into so-called straw donations. Campaign finance law stipulates that donors cannot make political contributions in another person’s name. This law has tended to be breached by employers who privately instruct their employees to donate to political campaigns, with the assurance that they will later be reimbursed. But in the era following the U.S. Supreme Court’s Citizens United decision, the practices of disclosure have become even cloudier, and mysterious LLC groups have proliferated.

Trump Cracks Down on Protesters
Politico – Ben Schreckinger | Published: 3/8/2016

Donald Trump’s campaign appears to be ramping up efforts to prevent displays of dissent at his often unruly rallies. New tactics include extended barriers cordoning off the press and plainclothes private intelligence officers monitoring the crowd for protestors. Trump has escalated confrontations with protesters, leaving his podium to stare them down and repeatedly lamenting that his supporters cannot retaliate against them. At a rally in Nevada, he said of a dissenter, “I’d like to punch him in the face.” One member of Trump’s private security team, Eddie Deck, said his duties were now weighted towards intelligence work researching potential protesters and assisting uniformed security personnel under the direction of the candidate’s head of security.

From the States and Municipalities:

Alaska – Legislature Pursues More Big Cuts to Campaign Finance Regulators
Alaska Dispatch News – Alex DeMarban | Published: 3/9/2016

The Legislature last year cut funding to the Alaska Public Offices Commission (APOC) by 43 percent. Now, lawmakers are moving ahead with plans to strike another $200,000, reducing the agency’s budget to $591,000, a 57 percent drop from two years earlier. Heather Hebdon, APOC’s campaign disclosure coordinator, said if the latest round of cuts is accepted by lawmakers, it will be harder for her agency to regulate fundraising and spending during busy state elections this summer and fall. APOC also enforces disclosure requirements for lobbyists, a job handled by one employee in Juneau, as well as disclosure requirements for public officials.

California – California GOP Leader Wants to Reinvent Party
The Desert Sun – Laurel Rosenhall (CALmatters) | Published: 3/9/2016

Chad Mayes, the California Assembly’s Republican leader, takes over as the GOP is fracturing at the national level over the presidential nomination, and dwindling in California, where less than 28 percent of voters are now registered Republican. Mayes believes he can make his party relevant in this blue state by moving away from social issues like gay marriage and abortion, and focusing instead on quality of life issues like housing affordability and the need for middle-class jobs. Fueled by his Christian faith and a pragmatic style, Mayes is trying to make poverty alleviation a key focus for Republicans.

Colorado – Audit: Colorado’s ethics commission rarely helps those filing complaints
Denver Post – Joey Bunch | Published: 3/8/2016

A state audit revealed that the Colorado Independent Ethics Commission does a poor job telling people how to file a complaint, what complaints the commission can review, and what the public can reasonably expect to happen to those who commit a violation. Those failings are among the reasons that 50 of the 57 complaints the commission reviewed from 2012 through 2015 were dismissed because the commission did not have authority or jurisdiction over the case, auditors suggested. The commission, which has a one-person staff and no investigators, found just four violations in four years. The agency’s few powers include oversight of gifts to state and some local officials exceeding $59 a year.

Connecticut – Connecticut Election, Information and Ethics Watchdog Agencies Fear Results of Deep Cuts
New Haven Register – Mary O’Leary | Published: 3/3/2016

Connecticut’s watchdog agencies say any additional budget cuts will leave them unable to function. The state is trying to close a $900 million deficit. The executive directors of the Freedom of Information Commission, the State Election Enforcement Commission, and the Office of State Ethics said their collective mission to keep government honest is being threatened. The directors said a big part of each of their jobs is training people to keep them out of trouble. Carol Carson, executive director of the Office of State Ethics, said if they hold fewer training sessions, they will have fewer people seeking advice and there will be more expensive enforcement action against state employees, public officials, and lobbyists. “I’d rather give advice to 1,000 people than enforce against 100,” Carson said.

Indiana – State to Locals: You can’t do that. Or that.
Indianapolis Star – Brian Eason | Published: 3/6/2016

Lately, it seems, whenever an Indiana city even thinks about passing an ordinance the General Assembly disagrees with, state lawmakers strip local officials of the authority to do so. To some, the erosion of local authority is nothing short of an attack on local democracy. To others, the practice known as pre-emption is a necessary protection. The recent proliferation of pre-emption bills can be explained in part by Indiana’s political culture and in part by a national conservative movement.

Massachusetts – Mass. Campaign Finance Regulators’ Office Gets Hip to Memes
Boston Globe – Steve Annear | Published: 3/3/2016

Regulators in Massachusetts are using a social media campaign to educate the public about the state’s campaign finance law. An image posted on the Office of Campaign and Political Finance’s Twitter account explained how much money candidates running for office are allowed to collect from donors. “An individual can contribute up to $50 a year in cash to a candidate,” read the message, which used a picture of an enthusiastic man in a business suit being showered with money to accentuate the point. The goal is to make the complex rules and regulations of running for political office more engaging. It is a dramatic change of tactics from the usually staid office.

Mississippi – No State Officials Enforce Campaign Finance Laws
Jackson Clarion-Ledger – Mollie Bryant, Geoff Pender, and Katie Royals | Published: 3/5/2016

No government agency claims responsibility for ensuring candidates and officials in Mississippi follow the state’s campaign finance laws. Secretary of State Delbert Hosemann said no one reviews campaign finance reports filed with his office, and his office does not have the authority or resources to do so. The only campaign finance enforcement under Mississippi law involves disclosure. State law requires the secretary of state to report the names of candidates and elected officials who have not filed campaign finance reports and to fine them. If candidates and elected officials do not pay what they owe within 120 days, the secretary of state is required to notify the attorney general, who can file a suit.

New Mexico – Transparency Legislation Isn’t Quite as Transparent as Billed
New Mexico In Depth – Sandra Fish | Published: 3/4/2016

House Bill 105, which was signed into law by Gov. Susana Martinez, aims to make it easier for the public to access information about campaign contributions and lobbyists’ reporting. But the bill also ends a requirement that lobbyists report cumulative spending on lawmakers, and increases the limit for reporting from $75 to $100 per event. If the law had been in effect during 2015, nearly one-fourth of the 4818,000 spent by lobbyists would have gone unreported. The section on lobbyist reporting takes effect July 1, and would apply to lobbyists reports filed in October and January 2017.

New York – Assembly Democrats Introduce Bill to Increase Public Disclosure Requirements for Groups Who Lobby in New York
New York Daily News – Kenneth Lovett | Published: 3/10/2016

A bill introduced in the New York Assembly would amend lobbying disclosure rules. It would also specifically exempt from the definition of lobbying any communications with news outlets, including editorial boards. The legislation would require organizations registered to lobby in New York and that spend more than $5,000 to disclose the names of all donors who gave them more than $1,000. They would also have to disclose the exact amount donated and how the funding was used.

New York – PR Firms File Suit over ‘Hopelessly Vague’ JCOPE Lobbying Definition
Capital New York – Bill Mahoney | Published: 3/8/2016

A group of public relations firms filed suit in federal court against the New York Joint Commission on Public Ethics (JCOPE) to stop it from putting into effect a rule requiring disclosure of efforts to get editorial columns written for causes. The suit claims JCOPE overstepped its mandate when it adopted an advisory opinion that reinterpreted the definition of the lobbying. The new standard caused an uproar among many public relations professionals, who argued such disclosure would limit their right to free speech as well as the ability of editorial board members and other journalists to talk with such sources about issues and possible articles.

Pennsylvania – Former LCB Chairman Who Took Gifts Drops Out of Ethics Panel
Pittsburgh Tribune-Review – Kari Andren | Published: 3/8/2016

Patrick Stapleton, a former chairperson of the Pennsylvania Liquor Control Board, backed out of a National Alcohol Beverage Control Association meeting on the same day a reporter inquired about his appearance. Stapleton was implicated in a 2014 investigation for accepting gifts from vendors. He and was on the agenda of the meeting as a panelist instructing alcohol regulators about ethical behavior. Stapleton was fined more than $7,250 for accepting gifts ranging from golf outings and meals to Philadelphia Phillies tickets and wine and spirits donations for an annual event he and his then-wife operated. A report painted a picture of officials regularly taking advantage of liquor vendors looking for their piece of the Pennsylvania agency’s $2.1 billion in annual sales.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

In Coalition for Secular Government v. Williams, the United States Court of Appeals for the 10th Circuit affirmed a lower court’s ruling declaring the state’s issue committee regulatory framework unconstitutional as applied to the plaintiff, but declined to address the facial validity of the Colorado Constitution’s $200 threshold for issue committee reporting. However, the appeals court did emphasize there must be a legitimate public interest in requiring financial disclosure from issue committees. Moreover, the strength of the public’s interest in issue committee disclosure depends, in part, on how much money the issue committee has raised or spent.

The court went on to agree with the 9th Circuit’s characterization of the sliding scale by noting “. . . the value of this financial information to the voters declines drastically as the value of the expenditure or contribution sinks to a negligible level. As the monetary value of an expenditure in support of a ballot issue approaches zero, financial sponsorship fades into support and then into mere sympathy” [Appellate Case: 14-1469; see Canyon Ferry Rd. Baptist Church of E. Helena, Inc. v. Unsworth, 556 F.3d 1021, 1033 (9th Cir. 2009)].

In its earlier holding, the lower court advised state lawmakers the secretary of state will “be on the hook for fees every time a group, like the Coalition for Secular Government, falls under the $200 trigger for issue committee status and has to sue to vindicate its First Amendment rights” [D.C. No. 1:12-CV-01708-JLK].

On March 9, the Louisiana Legislature adjourned its special session sine die. Gov. John Bel Edwards had called the special session of the Legislature to convene on February 14 for the purpose of focusing on fiscal issues concerning the state.

The regular session of the Legislature is scheduled to begin on March 14.