October 16, 2014 •
New Campaign Finance Rules in Philadelphia
The Philadelphia Board of Ethics approved amendments to the city’s campaign finance rules this week. Included in the amendments is a more expansive definition of third party support of a candidate. Campaign materials produced by a candidate and subsequently used […]
The Philadelphia Board of Ethics approved amendments to the city’s campaign finance rules this week. Included in the amendments is a more expansive definition of third party support of a candidate.
Campaign materials produced by a candidate and subsequently used by an individual or PAC, independent of the candidate, now constitutes an in-kind contribution subject to the city’s contribution limits. The new rule is intended to curb a growing trend among candidates of posting videos on the internet, allowing third parties to take the material and independently create political advertisements.
The board unanimously approved the changes in an expedited manner to ensure the new rules would cover the impending 2015 mayoral race.
October 16, 2014 •
Akron Roundtable Hosts KSU President Dr. Beverly Warren
The October Akron Roundtable luncheon featured Kent State University President Dr. Beverly Warren. Dr. Warren adjusted her scheduled presentation “Reflections from a New Northeast Ohioan” to address the dramatic events of the past 24 hours revolving around the Ebola crisis. […]
The October Akron Roundtable luncheon featured Kent State University President Dr. Beverly Warren. Dr. Warren adjusted her scheduled presentation “Reflections from a New Northeast Ohioan” to address the dramatic events of the past 24 hours revolving around the Ebola crisis. She discussed the university’s crucial role in providing health professionals who are on the front lines meeting the health needs of the community and offered her vision for the future of Kent State University.
Elizabeth Bartz, president and CEO of State and Federal Communications, is Vice President of the Kent State University Alumni Board of Directors and enjoyed a visit with Dr. Warren at Akron Roundtable.
October 15, 2014 •
Connecticut Democratic Party Denounced for Seeking Advisory Opinion
The State Elections Enforcement Commission (SEEC) used unusually strong language while asking the Federal Election Commission (FEC) to prevent the Connecticut Democratic State Central Committee (CDSCC) from using federally designated funds for a state race. The state party has requested […]
The State Elections Enforcement Commission (SEEC) used unusually strong language while asking the Federal Election Commission (FEC) to prevent the Connecticut Democratic State Central Committee (CDSCC) from using federally designated funds for a state race. The state party has requested an advisory opinion from the FEC approving the use of funds in a federal campaign account to pay for a mailing encouraging the reelection of Gov. Dannel Malloy.
In a letter to the FEC, signed by all five members, the SEEC denounced the inquiry stating it would violate both the letter and spirit of state campaign finance laws. In response, the CDSCC argued it is simply seeking clarification where federal and state laws are in conflict.
Federal law requires certain “federal election activity,” potentially including mailings, be paid for with a minimum of 15 percent federal funds whereas Connecticut law requires state candidates be supported exclusively with state funds. The CDSCC believes, should its reading of the law be confirmed, federal law will preempt state statutes and the use of federal funds will be required.
October 15, 2014 •
ELEC Director Urges New Jersey Legislature to Overhaul Pay-to-Play
Executive Director Jeff Brindle of the New Jersey Election Law Enforcement Commission issued a statement urging the state Legislature to amend existing pay-to-play law. He claims constitutional challenges to federal laws may have ramifications on New Jersey’s law, and a […]
Executive Director Jeff Brindle of the New Jersey Election Law Enforcement Commission issued a statement urging the state Legislature to amend existing pay-to-play law. He claims constitutional challenges to federal laws may have ramifications on New Jersey’s law, and a complete overhaul is necessary.
Brindle argues state pay-to-play law is too complex and has unintended consequences. Contractors either stop making contributions altogether, seek ways to legally circumvent the law, or simply break the law. Moreover, donations to transparent entities such as candidates and parties have declined while the activity of PACs and anonymous independent groups has increased significantly.
Because pay-to-play law is worthwhile, Brindle suggests establishing one state law, ending the fair and open loophole, enhancing disclosure, raising the contribution limit, exempting political parties, and including restrictions on contractor contributions to PACs.
The statement represented the personal opinions of Jeff Brindle and not necessarily those of the Commission.
October 15, 2014 •
Marion Superior Judge Selection Ruled Unconstitutional
A federal judge in Indianapolis ruled the statute delineating how Marion Superior judges are elected is unconstitutional. The election of Marion Superior judges is unique, as Republican and Democratic parties may nominate up to half of the open positions. Furthermore, […]
A federal judge in Indianapolis ruled the statute delineating how Marion Superior judges are elected is unconstitutional. The election of Marion Superior judges is unique, as Republican and Democratic parties may nominate up to half of the open positions.
Furthermore, once a judge wins in the primary, he or she will automatically be elected in the general because there are as many candidates as there are open seats. Because primaries are restricted to the two major parties, only those eligible to vote in the primary elections are able to cast meaningful votes for the open judgeships, and those who do not declare a party have no say in the election of the judges.
The court found the statute severely burdens the right to vote. The ruling is stayed and will not affect next month’s election.
October 15, 2014 •
Contribution Limits Lifted in Chicago Mayoral Race
The campaign contribution limits have been lifted for candidates in the Chicago mayoral race. Under state law, the limits are lifted for all candidates in a local race once a candidate in said race exceeds $100,000 in contributions to his […]
The campaign contribution limits have been lifted for candidates in the Chicago mayoral race. Under state law, the limits are lifted for all candidates in a local race once a candidate in said race exceeds $100,000 in contributions to his own campaign within a year of the election.
Conservative candidate William J. Kelly reached the $100,000 threshold on Monday. This is seemingly good news for Rahm Emanuel, who will now be able to go back to wealthy supporters to add to his campaign war chest.
Kelly argues lifting the caps does not help his opponent, however, as Emanuel already has all the money he needs. Kelly contends the playing field has been leveled as anti-Emanuel groups are now free to contribute to him as much as they want.
October 15, 2014 •
FitzGerald Proposes Amendment Clarifying County Contracting Ban
Cuyahoga County Executive Ed FitzGerald proposed an amendment at Tuesday’s County Council meeting seeking to clarify the county’s code in light of an independent county board ruling. The Debarment Review Board, a panel largely made up of FitzGerald appointees, effectively […]
Cuyahoga County Executive Ed FitzGerald proposed an amendment at Tuesday’s County Council meeting seeking to clarify the county’s code in light of an independent county board ruling. The Debarment Review Board, a panel largely made up of FitzGerald appointees, effectively shortened the county contracting ban for a former contractor convicted of corruption.
The board ruled William Neiheiser’s ban should have begun the day he was convicted of bribery in July 2011 and run through July 2016. County Inspector General Nailah Byrd imposed the ban from June 2014 to June 2019.
FitzGerald’s proposed amendment stipulates contracting bans are to begin the day they are publicly handed down by the county inspector general enforcing the policy.
October 15, 2014 •
Federal Appeals Court Rules for Citizens United
On Tuesday, October 14, the 10th Circuit Court of Appeals ruled Citizens United may air a documentary slamming Colorado liberals without disclosing its backers. The conservative group argued Colorado campaign finance laws burden some speakers while protecting others, in violation […]
On Tuesday, October 14, the 10th Circuit Court of Appeals ruled Citizens United may air a documentary slamming Colorado liberals without disclosing its backers. The conservative group argued Colorado campaign finance laws burden some speakers while protecting others, in violation of the First Amendment.
The court issued an emergency injunction allowing Citizens United to get the film out before the Nov. 4 election. While the movie will be exempt from disclosure, the court will allow the secretary of state to require disclosure for advertisements about it, if the ads are in support or in defeat of a named candidate.
October 15, 2014 •
Wisconsin Federal Judge Allows Campaign Coordination
U.S. District Judge Rudolph Randa ordered Wisconsin officials to stop enforcing the state law prohibiting certain coordination between candidate campaigns and independent groups. Randa’s order came in a lawsuit filed by Citizens for Responsible Government Advocates against the state Government […]
U.S. District Judge Rudolph Randa ordered Wisconsin officials to stop enforcing the state law prohibiting certain coordination between candidate campaigns and independent groups. Randa’s order came in a lawsuit filed by Citizens for Responsible Government Advocates against the state Government Accountability Board and Milwaukee County District Attorney John Chisholm.
Randa ruled the state cannot regulate groups coordinating with candidates, so long as the groups engage in issue advocacy. Groups engaging in issue advocacy generally make efforts to favor or criticize a candidate without explicitly urging a vote for or against the candidate.
The case will likely be appealed considering Randa’s prior related decision to halt a John Doe investigation against the campaign of Gov. Scott Walker was overturned by the 7th U.S. Circuit Court of Appeals.
October 15, 2014 •
WA Ethics Board Limits Free Meals for Legislators
The Washington Legislative Ethics Board held a board meeting on October 14, 2014 to finalize rules defining “infrequent occasions” in the context of free meals accepted by state legislators. Section 42.52.150(5) of the Revised Code of Washington allows public officials […]
The Washington Legislative Ethics Board held a board meeting on October 14, 2014 to finalize rules defining “infrequent occasions” in the context of free meals accepted by state legislators. Section 42.52.150(5) of the Revised Code of Washington allows public officials to accept gifts in the form of food and beverage on infrequent occasions so long as attendance at such a meal is related to the performance of official duties. The Board voted unanimously to define infrequent occasions as up to 12 meals total per calendar year.
The scope of the rule is limited to food and beverage paid for by a registered lobbyist or lobbyist employer. A qualifying meal under the rule is breakfast, lunch, or dinner, regardless of cost, when the guest would normally be expected to sit down and eat, such as in a restaurant or private residence.
The Board was careful to maintain the exceptions in the Ethics Act permitting public officials to accept complimentary food and beverages at hosted receptions and in other limited circumstances.
This rule takes effect January 1, 2015.
October 14, 2014 •
California FPPC Announces Proposed Amendments
The Fair Political Practices Commission (FPPC) has given notice of proposed amendments to regulations in Title 2, Division 6 of the California Code of Regulations. The FPPC will make adjustments to the gift and campaign contribution limits to reflect changes […]
The Fair Political Practices Commission (FPPC) has given notice of proposed amendments to regulations in Title 2, Division 6 of the California Code of Regulations. The FPPC will make adjustments to the gift and campaign contribution limits to reflect changes in the consumer price index.
In order to provide the adjustment in time for the new calendar year, the November index is used to make the final calculation. The proposed amendments make adjustments for the period from January 1, 2015, through December 31, 2016.
The FPPC will consider the proposed regulations at a public hearing on or after November 20, 2014. The proposed amendments are available here.
October 14, 2014 •
Yukon Legislative Assembly to Meet October 23
The fall sitting of the first session of the 33rd Yukon Legislative Assembly will convene on Thursday, October 23, 2014. The assembly will adjourn on a date to be determined.
The fall sitting of the first session of the 33rd Yukon Legislative Assembly will convene on Thursday, October 23, 2014.
The assembly will adjourn on a date to be determined.
October 13, 2014 •
Arkansas Ethics Ballot Measure Offers Tradeoff
A proposed constitutional amendment on the November 4, 2014, ballot will determine whether voters are willing to extend term limits for state lawmakers in exchange for strict ethics laws for lobbyists and corporations. Issue 3 will ban corporate and union […]
A proposed constitutional amendment on the November 4, 2014, ballot will determine whether voters are willing to extend term limits for state lawmakers in exchange for strict ethics laws for lobbyists and corporations. Issue 3 will ban corporate and union gifts to political campaigns, ban lobbyist gifts to legislative and executive officials, and extend term limits for legislators to at least 16 years.
Under the current state constitution, lawmakers typically serve no more than six years in the House and eight years in the Senate. The ballot measure would allow lawmakers to serve 16 years in the same office, or even longer for senators winning special two-year terms after each decennial census and redistricting process.
Adding term limits to the bill helped the ethics package pass the Legislature, but has decreased the popularity of the ballot measure in pre-election polls.
October 10, 2014 •
Effective Dates Looming for New Oklahoma Ethics Rules
Oklahoma’s Revised Constitutional Ethics Rules will go into effect at staggered intervals between December 2014 and February 2015. The new rules will affect the majority of lobbying and campaign finance laws. Provisions pertaining to lobbyist registration are effective December 1. […]
Oklahoma’s Revised Constitutional Ethics Rules will go into effect at staggered intervals between December 2014 and February 2015. The new rules will affect the majority of lobbying and campaign finance laws.
Provisions pertaining to lobbyist registration are effective December 1. Registration expiration and renewal dates will not change, but electronic registration will be required.
Current provisions related to lobbyist reporting dates will remain in effect until January 31, 2015, to facilitate end of year filings. The new lobbyist reporting provisions are effective February 1 with the first report due electronically on February 6 for both legislative and executive lobbyists.
All campaign finance provisions take effect January 1, 2015.
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