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A bill extending through 2018 the authority of the Federal Election Commission to impose civil money penalties on the basis of a schedule of penalties established and published by the commission has passed both houses of Congress. The bill applies the penalties to violations of qualified campaign contribution and expenditure disclosure requirements. House Bill 3487 passed the Senate on Friday December 20, 2013.

The Oklahoma Ethics Commission recently passed a series of rule changes pertaining to political contribution limits. Under the new rules, the dollar restrictions on contributions to state candidates would change from family limits to individual limits.

Each person would be allowed to give up to $2,600 to a candidate per election. The old rules prohibit families from donating more than $5,000 to a candidate in a political campaign.

Lee Slater, executive director of the Oklahoma Ethics Commission, believes the family contribution limit to be unconstitutional as it discriminates against a married person. The new rules, also changing individual contribution limits to political parties and PACs, will go into effect unless they are rejected, in whole, by the Legislature.

The Philadelphia Board of Ethics staff has released a revised gift proposal following claims its initial proposed limits were too lax. The new suggested limits are a ban on gifts of more than $100, with a limit of $25 on cash gifts, per calendar year from any source not a family member of the recipient. The initial limits proposed were $200 per year, with a cap of $50 for cash gifts, resulting in outcry from watchdogs.

The new proposed limits were greeted with skepticism, however, because the provision allowing for cash gifts remained. Executive Director Shane Creamer insisted the Board cannot ban cash gifts altogether because the city code permits cash gifts, prompting the Board to decide on formally requesting the City Council to consider amending the code.

The suggested limits could drop yet again before the Board votes, as a number of Board members suggested a $50 annual limit was preferable. The Board could potentially vote on the rules at its January meeting.

The 2013 fall sitting of the first session of the 33rd Yukon Legislative Assembly adjourned on December 19, 2013.

During this sitting the Assembly passed the Health Information Privacy and Management Act. The act “will raise the bar on privacy and security of personal health information,” Minister of Health and Social Services Doug Graham said in a press release.

The fall sitting commenced on October 31, 2013.

Federal:

How Washington Starves its Election Watchdog

The Center for Public Integrity – Dave Levinthal | Published: 12/17/2013

The recent hacking of the FEC’s computer system marked the nadir of a year that ranks among the commission’s darkest, according to an investigation by the Center for Public Integrity. Bitter ideological warfare among commissioners and congressional and White House indifference have yielded an agency less able to fulfill its stated mission: to “prevent corruption in the federal campaign process by administering, enforcing, and formulating policy.”

From the States and Municipalities:

Arizona – Ariz. High Court Upholds Campaign Giving Limits

East Valley Tribune; Associated Press –   | Published: 12/18/2013

The Arizona Supreme Court ruled candidates can accept much larger sums of money from donors. The justices said the Legislature was within its legal right to decide that contenders for both statewide and legislative office can take up to $4,000 from individuals and PACs. The brief order also lifted the injunction an appeals court put in place blocking the higher limits from taking effect.

California – L.A. City Council Drops Push for Increase in Gift Limit

Los Angeles Times – David Zahniser | Published: 12/11/2013

The Los Angeles City Council agreed not to raise the level of gifts that members are allowed to accept from the current $100 per donor per year. Council President Herb Wesson had sought a change in the law to allow members to receive up to $150 in gifts from each supporter, but he dropped that when his and other council members’ offices were deluged with calls.

Colorado – Appeals Court Upholds Ruling against Gessler

Colorado Law Week; Staff –   | Published: 12/12/2013

The Colorado Court of Appeals ruled several changes to campaign finance disclosure regulations made by Secretary of State Scott Gessler were invalid. The court affirmed a lower court ruling that struck down rules that reduced or eliminated disclosure requirements for political committees, and threw out Gessler’s rule that narrowed the definition of “electioneering communications.”

Florida – David Jolly Has Unique Challenge: Lobbyist seeking seat in Congress

Tampa Bay Times – Alex Leary | Published: 12/10/2013

David Jolly parlayed his work as an aide to the late U.S. Rep. C.W. Young into a lobbying career, the quintessential Washington “revolving-door” story. As he pursues the Republican nomination in a congressional special election, opponents have seized on Jolly’s lucrative profession. Many former aides have left for K Street jobs over the years, returning to Capitol Hill to ply a system they know intimately. But it is rare for a lobbyist to run for office, and those who do face the same attacks as Jolly is now.

Georgia – State Sen. Don Balfour Cleared of All Charges

Creative Loafing Atlanta – Max Blau | Published: 12/19/2013

Georgia Sen. Don Balfour was found not guilty on all 18 felony corruption counts against him. He was accused of illegally claiming legislative expense and mileage pay, and double-billing the state and his private employer for some expenses. Balfour told jurors he was very busy as chairperson of the Senate Rules Committee and as an executive of Atlanta-based Waffle House, and the inaccurate filings were unintentional. Gov. Nathan Deal’s office said Balfour’s suspension from office is lifted immediately so he can resume his duties as a senator.

Georgia – Subpoenas Related To Ethics Complaints Involving Georgia Gov. Nathan Deal

Huffington Post – Christina Cassidy (Associated Press) | Published: 12/12/2013

A federal grand jury is investigating the Georgia ethics commission, which cleared Gov. Nathan Deal of campaign finance violations during his 2010 campaign. The grand jury has subpoenaed Executive Secretary Holly LeBarge, staff attorney Elisabeth Murray-Obertein, and staffer John Hair, seeking documents related to the commission’s probe of Deal’s campaign finances. Deal’s lawyer said the investigation likely concerns allegations that documents in the case went missing, and does not involve the governor.

Michigan – Michigan Senate OKs Campaign Donation Increases

Detroit News – Gary Heinlein | Published: 12/12/2013

Michigan lawmakers moved to raise maximum contributions to candidates for the first time in decades and keep intact rules so donors behind certain political ads can stay anonymous. Senate Bill 661 won final approval in the Senate after barely clearing the House a day earlier. Donation limits to candidates would double after going unchanged for 37 years and rise with inflation over time.

Minnesota – Minnesota Lawmakers Probe into Problems with State’s Campaign Finance Data

Minneapolis Star Tribune – Rachel Stassen-Berger and Glen Howatt | Published: 12/16/2013

Minnesota’s campaign finance regulatory agency plans to implement new auditing procedures and seek a law change to deal with errors in its online database of political fundraising transactions. Agency officials testified at a legislative hearing following a Minneapolis Star Tribune analysis that found one in seven electronic records of donations tracked by the Campaign Finance and Public Disclosure Board is incorrect.

Mississippi – Attorney General Jim Hood Appealing Federal Judge’s Ruling on Mississippi Campaign Finance Law

Mississippi Press; Associated Press –   | Published: 12/14/2013

State Attorney General Jim Hood appealed a federal judge’s ruling that part of Mississippi’s campaign finance law creates an unconstitutional burden for people or groups that spend at least $200 to support or oppose a ballot initiative. U.S. District Court Judge Sharion Aycock has said Mississippi may regulate individuals and groups attempting to influence constitutional ballot measures, but its “convoluted and exacting” requirements are too burdensome with the $200 threshold.

New Jersey – Christie’s Top Port Authority Appointee Baroni Resigns amid Escalating Probe into GWB Lane Closures

Bergen Record – Shawn Boburg and John Reitmeyer | Published: 12/13/2013

A burgeoning scandal led to the resignation of Bill Baroni, the deputy executive director of the Port Authority of New York and New Jersey, and David Wildstein, who agreed to step down from his position as director of interstate capital projects. Both men have caught up in a widening investigation into allegations they may have orchestrated a series of massive traffic jams at the George Washington Bridge as political payback against the mayor of Fort Lee, the town at one end of the bridge, for not endorsing Gov. Chris Christie for re-election.

New Mexico – Federal Appeals Court Overturns New Mexico Campaign Funding, Spending Limits

Columbus Republic – Susan Montoya Bryan (Associated Press) | Published: 12/18/2013

The 10th U.S. Circuit Court of Appeals said a lower court was right in issuing a preliminary injunction to keep New Mexico from imposing limitations on certain contributions going to and from political parties and PACs. At issue is whether political committees that are not formally affiliated with a political party or candidate can receive unlimited contributions for independent expenditures. Republicans argue the state’s cap on such donations is unconstitutional.

New York – Where Albany Does Business

Capital Playbook – Jimmy Vielkind | Published: 12/5/2013

Time and again, the gears of government have turned not during official gatherings in meeting rooms at the New York Capitol, but over dinners and drinks at any number of “power spots” around the Albany region. Stop by any of these sites on a Monday or Tuesday night in January or July and you might be surprised who you run into, or what is going on.

Pennsylvania – Board Still Struggling with Phila. Gift Rule

Philadelphia Inquirer – Claudia Vargas | Published: 12/18/2013

Staff members for the Philadelphia Board of Ethics made their latest recommendation on proposed changes to the city’s gift law. The staff proposed barring city officers and employees from accepting any gifts worth more than $100 per year, including $25 in cash, from any nonfamily source. But the board and other ethics advocates are still not happy with the limits and the overall language.

Virginia – In Probe of Va. Gov. McDonnell, Prosecutors Agreed to Delay Decision on Charges

Washington Post – Rosalind Helderman, Carol Leonnig, and Sari Horwitz | Published: 12/19/2013

Federal prosecutors have delayed filing felony charges against Virginia Gov. Bob McDonnell and his wife over a gift scandal after their legal teams made a face-to-face appeal in Washington, D.C. The attorneys had been pressing Justice Department officials to reconsider or delay the charges, at least long enough for McDonnell to complete his four-year term.

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The 10th U.S. Circuit Court of Appeals ruled the lower court was right in issuing a preliminary injunction to keep the state from imposing limitations on certain contributions going to and from political parties and political action committees.

The underlying issue in the case is whether political committees not formally affiliated with a political party or candidate can receive unlimited contributions for independent expenditures.

The state Republican Party, GOP lawmakers, and others argue the state’s cap on such contributions is unconstitutional. The state appealed, arguing limiting such contributions is in New Mexico’s interest as it tries to prevent corruption and the appearance of corruption in campaign spending.

The case now moves back to the federal district court where a decision on the merits is expected to be in favor of those challenging the contribution limits.

The living wage bill officially passed through the D.C. City Council today, and is now on its way to Mayor Gray for signature. Mayor Gray has promised to sign the bill this time, a measure he initially rejected earlier this year.

The bill will raise the minimum wage to $9.50 in July 2014, $10.50 the following year, and $11.50 by 2016.

The bill also provides for future increases tied to the Consumer Price Index.

Photo of the John A. Wilson Building by Andrew Wiseman in Wikimedia Commons.

Another Virginia special election has been scheduled for January 7, 2014.

The seat in Senate District 6 will be vacated when Sen. Ralph Northam becomes lieutenant governor.

A special election for the Massachusetts Fifth Middlesex Senate District has been called to fill the vacancy caused by the resignation of state Senator Katherine M. Clark.

The Office of the Secretary of the Commonwealth William Galvin announced the special primary election will be held on March 4, 2014. The general election will follow on April 1, 2014.

On December 10, 2013, Clark won a special election for the U.S. House of Representatives seat left vacant by Ed Markey.

On Thursday, the Colorado Court of Appeals affirmed a lower court ruling striking down rules reducing or eliminating disclosure requirements for issue committees, political committees, and more than 500 political organizations. The rules, put forth by Secretary of State Scott Gessler in 2012, also capped penalties for failure to file major contributor reports in the days leading up to an election.

Challengers argued the rules were invalid because Gessler exceeded his authority by effectively amending the Colorado constitution and campaign finance laws passed by the General Assembly.

In addition to finding the rule changes invalid, the appeals court overturned Gessler’s 2012 rule narrowing the definition of “electioneering communications.”

The Texas Ethics Commission issued a resolution “unanimously condemn[ing] the use of misleading campaign communications regarding the activities of the [Ethics] Commission.”

In its resolution, issued on December 3, 2013 and released online this week, the commission states the use of statements like “‘a sworn complaint has been filed against Candidate A’ or ‘the Texas Ethics Commission is investigating a complaint against Candidate A’ are improper attempts to mislead the public.”

The commission asserts “anyone can file a complaint” with or without merit and the commission must investigate every sworn complaint, “whether it has merit or not.” Because of that, the bipartisan commission finds the use of such campaign advertising “an unfair practice” and argues the use of statements concerning the mere filing of a complaint or a legally required investigation of a complaint doesn’t provide “meaningful information” to voters.

Photo of the Texas State Capitol dome interior by Edward Uthman in Wikimedia Commons.

Lobbying

“New lobbying business slows to a trickle” by Byron Tau in Politico.

“For K St., nowhere to go but up” by Kevin Bogardus and Megan R. Wilson in The Hill.

“Under contract” in The Hill.

“Major Dem fundraiser closes lobby shop” by Megan R. Wilson in The Hill.

“ʹLobbyistʹ Not Curse Word to All Influencers” by Dave Levinthal in The Center for Public Integrity.

“Ex-congressman lobbies for group he used to fund” by Paul Singer in USA Today.

“SpaceX Launches Second Lobbying Team” by Kent Cooper in Roll Call’s Political MoneyLine.

San Francisco: “S.F. lobbying laws due for tightening” in the San Francisco Chronicle.

Campaign Finance

“Deals on campaign finance, corruption likely in Albany” by Yancey Roy in Newsday.

“All Senate Freshmen Now Have Personal PACs” by Kent Cooper in Roll Call’s Political MoneyLine.

Maine: “Use of ‘large, untraceable expenditures’ to influence Maine elections jumps 600 percent, report says” by Mario Moretto in the Bangor Daily News.

Michigan: “Legislature approves increase in campaign contributions, but says some donors can stay anonymous” by The Associated Press in Crain’s Detroit Business.

Missouri: “Nixon urges Missouri campaign contribution limits” by Bill Draper (Associated Press) in the Columbian Missourian.

Vermont: “Ruling on super PACs may ripple in Vt.” by Neal Goswami in the Times Argus.

Ethics

“The Year in Congressional Ethics | A Question of Ethics” by Simon Davidson in Roll Call.

Alabama: “Alabama ethics Director Jim Sumner wins national award for his work” by The Associated Press in The Republic.

Georgia: “Subpoenas related to Ga. gov’s ethics complaints” by Christina A. Cassidy (Associated Press) in The Atlanta Journal-Constitution.

Kentucky: “Former lawmaker won’t face sanctions from House” by Roger Alford (Associated Press) in the San Francisco Chronicle.

West Virginia: “W.Va. ethics panel admits open meetings violation” by The Associated Press in The Herald Dispatch.

West Virginia: “For first time in years, Ethics Commission full” by Phil Kabler in the Charleston Gazette.

Open Government

“This Group Could Make (or Break?) FOIA Reform” by Joseph Marks in Nextgov.

Government Tech and Social Media

“The Future of Election Monitoring” by Jessica McKenzie in TechPresident.

The Hawaii State Ethics Commission issued an advisory last week urging public school employees to refrain from promoting charitable fundraisers at school.

The advisory was issued after Department of Education teachers and administrators were asked to support and encourage students to participate in a popular holiday fundraising campaign for the Make-A-Wish Foundation.

The state ethics code prohibits state employees from using work time and state resources for non-state related business purposes, which generally include supporting or promoting private charities.