Gov. Martinez has signed legislation designed to standardize electronic reporting for candidate, lobbyist, and political committee filings. Intended to increase transparency and make it easier to access public records, House Bill 105 creates an electronic database that will be searchable, contain cross-references, and allow the public to download records for their own analysis.

The bill also requires lobbyists to notify the state of amended filings or termination of the lobbyist’s employment within one week of the occurrence. Additionally, the bill changes reporting dates from May 1 to the first Wednesday after the first Monday in May, and adds a reporting date of the first Wednesday after the first Monday in October.

The bill also requires individuals receiving contributions reported by lobbyists to receive automatic electronic notice of the contributions within 24 hours of the lobbyist’s filed report.

Portions of the bill will go into effect on July 1, 2016, with the remaining provisions effective as of December 15, 2017.

On February 24, the Massachusetts Office of Campaign and Political Finance (OCPF) held a public hearing on proposed regulations to clarify political expenditure coordination between entities. The proposed regulations seek to elucidate the differences between independent and coordinated expenditures, including “situations in which a presumption of coordination exists between a candidate and an outside spender who is expressly advocating on the candidate’s behalf,” according to an OCPF press release. “We get complaints all the time, so we’re trying to create a roadmap,” said OCPF Director Michael Sullivan, as reported in the New Boston Post. Written comments about the draft regulations will be accepted until 5 p.m. on March 4.

Rep. Courtney Allen Curtis introduced a bill recently to amend Missouri lobbying law. Current law exempts union workers from lobbying registration unless their job is specifically to lobby. The proposed legislation would remove the exemption.

While comparing the bill to other recent ethics proposals, Curtis told a House committee it is wrong to delineate special rules for special groups.

Nobody testified in favor of the bill.

Alberta’s Chief Electoral Officer, Glen Resler, issued a writ to administer a by-election for the Calgary-Greenway electoral district to fill a seat in the Legislative Assembly. In the wake of the tragic passing of Progressive Conservative MLA Manmeet Bhullar last November, Alberta’s New Democratic Party (NDP) has set a March 22 election date.

Some other parties, which have yet to nominate candidates, are not pleased. They feel it is poor politics to rush to hold an election when the government has until May and not all parties have chosen their candidates.

National:

Political Polarization? It’s Not Just in Washington
Boston Globe – Jill Ramos | Published: 2/19/2016

Political scientists at the Massachusetts Institute of Technology have measured for the first time the relative liberalism or conservatism of all 50 states by examining a host of policies from the past eight decades. The study shows state policies across the country became more liberal between the 1930s and 1970s, and then stopped. In more recent years, overall economic policies have been constant, but social policies have become more liberal. The findings also confirmed what might have been suspected for some time: that over the past 20 years, states have become more politically polarized, not just in voting for president or members of Congress but also in state-level policies.

Univision Aims to Make Hispanic Voting Bloc Even More Formidable
New York Times – Nick Corasaniti | Published: 2/22/2016

Univision, including its top-rated Spanish-language network and many subsidiaries, is making an ambitious nationwide effort aimed at registering about three million new Latino voters this year, roughly the same number who have come of voting age since 2012. The initiative will entail an aggressive schedule of advertisements on all of Univision’s video and digital platforms. Station managers will exhort their audiences in old-fashioned editorials, a comprehensive online voter guide will be updated throughout the election season, and the media company will use the kinds of grassroots organizing events usually staged by candidates to try to turn its viewers into even more of a powerhouse voting bloc than it already is.

Federal:

Bernie Sanders, as Secular Jew, Leaves Religion in Background
New York Times – Joseph Berger | Published: 2/24/2016

The secular image that Bernie Sanders casts is complicating the way American Jews regard the historic nature of his candidacy. When Joseph Lieberman, an Orthodox Jew who spurned campaigning on the Sabbath, was Al Gore’s vice-presidential running mate in 2000, many Jewish voters saw it as a breakthrough. While Sanders’ surprising run for even higher office is eliciting many strong emotions, religious pride is usually not the main one.

Democratic Party Fundraising Effort Helps Clinton Find New Donors, Too
Washington Post – Matea Gold and Tom Hamburger | Published: 2/20/2016

Campaign officials for Hillary Clinton last summer urged state officials to sign on to an ambitious fundraising endeavor that would allow Clinton’s presidential bid, the Democratic National Committee, and the state parties to collect and share contributions from wealthy donors. A record 32 state parties signed on to the fund, allowing the committee to solicit donations 130 times greater than what a supporter can give to Clinton’s campaign for the primary. But the states have yet to see a financial windfall. Meanwhile, Clinton’s campaign has been a major beneficiary, getting an infusion of low-dollar contributions through the committee. The early, expansive use of a jumbo-size joint fundraising committee shows how the Clinton campaign has worked to maximize donations from wealthy supporters, seizing on rules loosened by the U.S. Supreme Court.

Fall of the House of Bush: How last name and Donald Trump doomed Jeb
Washington Post – Ed O’Keefe, Dan Balz, and Matea Gold | Published: 2/21/2016

Jeb Bush dropped out of the presidential race, ending a quest for the White House that started with a war chest of $100 million, a famous name, and a promise of political civility but concluded with a humbling recognition: in 2016, none of it mattered. No single candidacy this year fell so short of its original expectations. It began with an aura of inevitability that masked deep problems. The campaign had rested on a set of assumptions that, one by one, turned out to be incorrect: that the Republican primaries would turn on a record of accomplishment in government; Bush’s cerebral and reserved style would be an asset; and a country wary of dynasties would evaluate this member of the Bush family on his own merits.

Shuster Lounges Poolside with Airline Lobbyists as He Pursues FAA Bill
Politico – Anna Palmer, Jake Sherman, and John Bresnahan | Published: 2/23/2016

Nick Calio, head of the nation’s top airline trade group, Airlines for America, testified before U.S. Rep. Bill Shuster’s House Transportation and Infrastructure Committee recently. The topic was a top priority for both men: a bill to overhaul the Federal Aviation Administration, most controversially by putting air traffic control in the hands of an entity favorable to the airlines. Two days later, Shuster’s committee approved the measure. The week after that, he and Calio traveled to Miami Beach with Shelley Rubino, an Airlines for America vice president who is Shuster’s girlfriend. The three lounged by the pool and dined together during festivities tied to U.S. Rep. Mario Diaz-Balart’s annual weekend fundraising trip. It is the most recent example of Shuster’s cozy relationship with the powerful airline association. His panel has jurisdiction over the $160 billion U.S. airline industry.

From the States and Municipalities:

California – Former State Sen. Leland Yee Sentenced to Prison
San Jose Mercury News – Howard Mintz | Published: 2/24/2016

Former California Sen. Leland Yee was sentenced to five years in prison after admitting he accepted bribes from undercover agents posing as campaign donors. He pleaded guilty to one count of conspiracy to engage in racketeering, which was filed as part of an organized crime investigation in San Francisco’s Chinatown that led to charges against more than two dozen people. Yee acknowledged accepting $11,000 in exchange for setting up a meeting with another state senator and $10,000 for recommending someone for a grant. He also discussed helping an undercover FBI agent buy automatic weapons from the Philippines that were intended to be brought to the U.S. for distribution.

Kansas – Want to Vote in This State? You Have to Have a Passport or Dig Up a Birth Certificate.
Washington Post – Sari Horwitz | Published: 2/19/2016

National attention on voting rights has mostly focused on whether new voter-identification laws in states such as North Carolina and Texas will disenfranchise minority voters. But there is a battle unfolding in Kansas over who can register to vote in the first place. Election-law experts say what happens here could have ramifications for voting throughout the country during a pivotal presidential election year. The American Civil Liberties Union sued Kansas, saying thousands of state residents are “trapped in limbo” because of the requirement that Kansans who register to vote have to show documents, such as a birth certificate or a passport, proving they are citizens.

Maine – After Legislative Raids and Funding Delays, Maine’s Public Campaign-Finance Money Could Run Out
Portland Press Herald – Steve Mistler | Published: 2/23/2016

Maine’s public campaign finance system could run out of money as state lawmakers have repeatedly raided the fund for other purposes. Jonathan Wayne, the executive director of the state ethics commission, told the Legislature’s budget writing committee that lawmakers have withdrawn around $12 million from the clean elections fund since 2002. Wayne also said the Legislature had returned $5.6 million to the voter-approved program, but that was not enough to offset the decline in funds. Supporters of the program also blame Gov. Paul LePage for withholding $1 million that was supposed to go the fund. The additional funding was included in the 2015 referendum that boosted the annual allocation to the program.

Massachusetts – Walsh Files Municipal Lobbying Legislation
Boston Globe – Mark Arsenault | Published: 2/25/2016

Boston Mayor Martin Walsh filed a home rule petition that would force city lobbyists to register and publicly report their efforts to influence public policy. It requires approval by the city council and then the Massachusetts Legislature. The proposal is based on existing lobbying rules for state government, Walsh said. He wants to get it through the Legislature this session. If the plan wins approval, municipal lobbyists in Boston would be required to file reports twice a year declaring their campaign contributions, the names of their clients, the legislation or policy decisions they had tried to influence, and the political positions for which they advocated. Lobbyists would also be required to report the pay they received from each lobbying client, as well as the dates of “lobbying communications” with public officials.

Mississippi – Elected Officials Use Campaign Finds for Private Gain in Mississippi
The Sun-Herald – Geoff Pender, Mollie Bryant, and Katie Royals (Jackson Clarion-Ledger) | Published: 2/22/2016

For many Mississippi politicians, campaign funds have become personal expense accounts or a second income, potentially tax free. The spending is largely paid for by lobbyists and special interests doing business with state government. They otherwise would not be allowed to lavish cash, gifts, or a second income on politicians. Campaign funds are shielded from taxes, ethics, and other laws because they are ostensibly to be used only for campaigning and records of them are ostensibly open to the public. Most states and the federal government, in efforts to reduce the corrosive influence of money in politics, have stringent reporting requirements. Mississippi does not. Most states also have prohibitions against personal spending of campaign money. In Mississippi, the practice is common.

Missouri – Some Question the Limits to Legislating the Missouri Legislature
St. Louis Public Radio – Jason Rosenbaum | Published: 2/24/2016

The Missouri House this year embarked on an ethics overhaul buoyed by the resignations of Reps. John Diehl and Paul LeVota, who stepped down amid accusations of inappropriate behavior toward female interns. Once the session began, the House quickly passed bills that would curb lobbyist gifts and slow down the transition between legislating and lobbying. But some lawmakers have questions about whether these reform initiatives will change a Legislature whose reputation has increasingly declined. They point out the scandals in question involved male lawmakers sexually harassing female interns, conscious choices that do not have much to do directly with lobbyist gifts or influence.

New Hampshire – N.H. Campaign Finance Lapses Go Unnoticed
Concord Monitor – Allie Morris | Published: 2/20/2016

A bill in New Hampshire would bar lawmakers from accepting campaign donations from lobbyists and block legislators from becoming registered lobbyists immediately after leaving office. It is not yet clear what lawmakers will do with the bill. But before they seek to put more regulations in place, a recent report shows they could be better served focusing on enforcing the ones that already exist. The Center for Public Integrity found campaign finance violations in New Hampshire can go largely unnoticed. The center cited a 2013 report that showed the state attorney general’s office regularly reviewed complaints regarding election violations and voter fraud, but investigated just one complaint out of 40 that dealt with campaign finance.

New Jersey – Birdsall CEO Pleads Guilty in Huge N.J. Pay-to-Play Scheme
Newark Star Ledger – S.P. Sullivan (NJ Advance Media) | Published: 2/18/2016

The former chief executive of a politically connected engineering firm has admitted to his role in a $1 million scheme to get around New Jersey’s “pay-to-play” laws. Howard Birdsall pleaded guilty to corporate misconduct. He ran Birdsall Services Group before investigators found the company disguised illegal corporate political contributions as personal donations from employees. The firm would have been disqualified from public contracts if made contributions to campaigns and political organizations in its own name. The state will recommend that Birdsall be sentenced to four years in state prison. He must also pay nearly $50,000. That is the amount of political donations he made that were reimbursed by the firm.

Virginia – No Rules Means No Accountability for Virginia Campaign Funds
ABC News – Alan Suderman (Associated Press) | Published: 2/19/2016

Records show the businesses that lobby Virginia politicians are also subsidizing meals at fancy restaurants, stays in the finest hotels, and personal expenses like gas and cellphone bills through campaign donations. Compounding the issue is the fact that lawmakers seldom face serious challenges; only a handful of races were seriously contested in 2015, and not a single incumbent lost in the general election. That means politicians who run up huge fundraising accounts to scare off challengers do not have to spend the money on campaigning.

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.

State and Federal Communications is proud to be a sponsor of the Akron Canton Regional Foodbank’s Harvest for Hunger Kick-off Breakfast on February 26th!

On February 24, the Utah Senate passed Senate Joint Resolution 2, which asks Congress to repeal the 17^th Amendment to the U.S. Constitution and proposes a new Amendment to return the power of choosing U.S. Senators to state legislatures. The resolution contends the “popular election of senators has diluted the power of the separate states, diminished federalism, and resulted in the increased power of the federal government over the individual states.”

In the proposed language of the new Amendment, each state must create “a liaison committee” to “work with its United States Senators in evaluating the impact of federal legislation on its state. All legislation proposed by Congress, and all treaties proposed, shall be submitted to each State’s liaison committee.” Additionally, the language of the Amendment calls for the senators to be subject to removal by the senator’s state legislature and for their salary to be provided by the senator’s state. The resolution quotes arguments made by James Madison in the Federalist Papers that federal legislation should be “ratified by two independent power sources: the people’s representatives in the House and the state legislatures’ agents in the Senate.”

The resolution passed 20-6. All five senators from the Democratic Party, along with one Republican senator, voted against the resolution. Three other Republican senators did not vote.

A special legislative session has been called to start on April 6, a week before the 2016 regular session kicks off. The special session will address passing a new form of Medicaid expansion in the state.

Lawmakers will vote on the issue during the April 6 special session, and will vote to fund the program in a fiscal session starting April 13.

What are the qualifications for becoming a Justice on the Supreme Court?

There are no requirements listed in the Constitution to be a Supreme Court Justice. The youngest Associate Justice was Joseph Story. He joined the bench in 1811 at 32 years old. The oldest justice was Associate Justice, Oliver Wendell Holmes Jr. who retired after serving 32 years at 90 years old. All justices have been lawyers prior to joining the court. To this point there have been six justices that were foreign born.

Where did we find someone to nominate as a Supreme Court Justice?

On the current bench Chief Justice, John Roberts, Jr, Associate Justice, Ruth Bader Ginsburg, Associate Justice, Sonia Sotomayor, and Associate Justice, Elena Kagan are all from New York. Associate Justice, Samuel A. Alito, Jr is from New Jersey. Associate Justice, Stephen Breyer and Anthony Kennedy are from California. Associate Justice, Clarence Thomas is from Georgia.

What is the range of time it takes to confirm a justice?

Believe it or not, there are many who were confirmed and sworn in on the very day they were nominated. The most recent was Associate Justice Harold Burton during the Truman administration.

The longest amount of time recorded to go from nomination to a successful confirmation was Associate Justice, Louis Brandeis from the Woodrow Wilson administration at 125 days.

How many were nominated that didn’t achieve confirmation?

From the President George Washington administration thru the President George W. Bush administration there have been 34 that did not get confirmed. The various reasons include the following:

• Withdrawn as a nominee
• Rejected by Congress
• Declined to serve

How many Justices died in office?

Justices are appointed for life. Fifty have retired or resigned on their own accord. Only Associate Justice, Samuel chase has been impeached [1984]. The Senate acquitted him and he remained on the bench until his death six years later.

Associate Justices

Before Associate Justice, Antonin Scalia died on February 12, 2016, there were 26 associate justices who died in office from 1798 – Associate Justice, James Wilson through 1954 – Associate Justice, Robert Jackson.

Chief Justices

A total of 17 men have been the chief justice of the Supreme Court. The longest served was Chief Justice, John Marshall of Virginia [who was nominated in 1801 and died in office in 1835.]

There were eight Supreme Court Chief Justices who died while serving the court. Included in this list are Chief Justice, John Marshall [appointed by President John Adams] died in 1835 at 76 years old. The most recent Chief Justice was William Rehnquist [initially appointed by President Richard Nixon as associate justice and nominated to chief justice by President Ronald Reagan] died in 2005 from throat cancer.
How many vacancies occurred during presidential election years?

Vacancies in the Supreme Court during an election year are not that uncommon.   There have been 14 confirmed between Associate Justice, Oliver Ellsworth, 1796 [during the President George Washington administration] and Associate Justice, Anthony Kennedy in 1988 [during the Ronald Reagan administration].

How many U.S. Presidents have also served on the Supreme Court?

There has only been one U.S. President to serve on the Supreme Court and that is President William Howard Taft. Eight years after his failed re-election to the office of president, he was nominated by President Warren Harding to replace Chief Justice Edward White. He served for nine years and resigned due to bad health.

This article has been researched from the following sources:

“7 Things You Might Not Know About the U.S. Supreme Court” by Elizabeth Nix on History.com

“At least 14 Supreme Court justices have been confirmed during election years” by Timothy Lee in Vox

“U.S. Justices and Judges Who Died While Still Holding Office” on PoliticalGraveyard.com

“Biographies of Current Justices of the Supreme Court” on the United State Supreme Court website

“How Long Does It Take to Confirm a Supreme Court Nominee?” in The New York Times

Attorney General Karl A. Racine proposed a new bill to close the current loophole allowing unlimited donations to political action committees (PACs) in non-election years. The bill also contains a pay-to-play provision creating a two-year period of ineligibility for “high value” city business for any company that contributes to a candidate or elected official.

The legislation comes after public concern raised last year when Mayor Muriel E. Bowser’s PAC received unlimited contributions from businesses seeking contracts from her administration.

Gov. Susana Martinez has set a date for a special election to replace interim Secretary of State Brad Winter. Winter, who was appointed to the position following the resignation of former Secretary Dianna Duran, declined to seek election to the remainder of the four-year term.

A special primary election will be held June 7, 2016. The special general election is scheduled for November 8, 2016.

A new bill introduced in the Georgia Senate seeks to prevent campaign contributions from companies and executives doing business with the state. Senate Bill 394, introduced by Senate Judiciary Chairman Josh McKoon, prohibits contributions from business entities and affiliated persons who have contracts with the state exceeding $50,000 in the aggregate to any candidate for the office responsible for awarding such contracts.

Just last year, DeKalb County CEO, Burrell Ellis, was found guilty of threatening to end a contract with a state vendor if it did not make a $2,500 campaign contribution.

McKoon introduced the bill after noting Georgia is lagging behind the rest of the country, and federal law, on such legislation. The bill currently only affects statewide offices, but McKoon stated he is open to making the law more robust.

Photo of Georgia State Senator Joshua McKoon courtesy of the Georgia Senate website.

State and Federal Communications hosted the first of a series of free government relations compliance webinars for 2016. President and CEO Elizabeth Bartz and Amber Fish Linke, Director of Client and Product Operations, presented the widely attended “Lobbying Compliance at the State Level” webinar on Wednesday, February 17, 2016. If you are interested in participating in our future webinars, contact us at training@stateandfed.com!

Gov. Snyder has called a special election to fill the vacancy in House District 28 following the appointment of State Rep. Derek Miller as the Macomb County Treasurer. The special primary election will be held on August 2, with the special general election slated for November 8. Both special elections align with the primary and general election dates for the current election cycle.

The special election is for a term running through January 1, 2017. Candidates are able to run for the term expiring on January 1, 2017 as well as the full term after.