The United States Supreme Court has decided not to hear a case involving Maine’s political contribution disclosure, upholding the law. The National Organization for Marriage (NOM) had appealed to the country’s highest court after an appeals court ruled that Maine’s law regarding ballot issue committees is constitutional.

The law states that groups who spend more than $5,000 to influence ballot questions must register with the state ethics commission. Once registered, organizations must identify, in filed campaign finance reports, any donors who contributed more than $100.

The ethics commission, due to the ongoing legal battle, has not made a final determination on whether NOM is actually a ballot issue committee. The commission hopes to have a final answer on that issue in the coming months.

The 2012 electoral map continues to take shape and with 40 days until the election, both campaigns are working hard in swing states to gain as much ground as possible. A slew of polls have come out over the past couple of days that have painted a decidedly grim picture for Governor Romney’s chances of winning in November.

A Quinnipiac/CBS News/New York Times poll of three swing states (Florida, Ohio, Pennsylvania) shows President Obama has crossed the 50 percent threshold in all three states. Obama leads Romney 53 percent to 44 percent in Florida, 53 percent to 43 percent  in Ohio, and 54 percent to 42 percent  in Pennsylvania. Similarly, a Washington Post poll shows the President breaking the 50 percent mark leading the race in Florida 51 percent to 47 percent and Ohio 52 percent to 44 percent. (The Washington Post and ABC News have also moved the state of Ohio from toss-up to leans Obama)

Much has been made over the past week about the larger sample size of democrats in a number of polls which could potentially affect results. (See: here, here, and here) A look at independents responses in these polls shows a much tighter race for the coveted votes of those not identifying with any particular base. Rasmussen, Gallup, Survey USA, and Pew polls all show Gov. Romney with either a slight advantage or tie with President Obama among independents.

While polling numbers are a gauge of where the race currently stands, only one number matters on election day; 270. With current polling showing Ohio in President Obama’s column, the Washington Post and ABC News project the President has 255 electoral votes either safely on his side, or leaning his way; while Gov. Romney has only 196. If the President were to win either Florida, or a combination of two or more of the remaining swing states, he would reach the necessary 270 electoral votes needed to win reelection. No republican has ever won the presidency without also winning the state of Ohio, and if Gov. Romney were to lose there, he would likely have to sweep all remaining swing states to have a chance.

Other notes from the trail:

• Rep. David Rivera (R-FL) is being accused by Justin Sternad for secretly running Sternad’s unsuccessful campaign during the democratic primary election for the seat currently held by Rivera. Among the accusations are claims that Rivera steered unreported money to Sternad to run against Joe Garcia who previously lost to Rivera in the general election.
• According to a new Washington Post poll, Senator Sherrod Brown (D) maintains a comfortable lead over State Treasurer Josh Mandel (R) for the Ohio Senate seat currently held by Brown. Brown leads among registered voters 51 percent to 39 percent and 53 percent to 41 percent among likely voters.
• Rep. Todd Akin will definitely appear on the ballot for the Missouri Senate seat after the passing of a September 25 deadline to withdraw from the race. Akin has struggled to raise money since his controversial remarks about “legitimate rape”; however, in recent days a number of conservatives have come to his aid including former House Speaker Newt Gingrich, Former Arkansas Governor Mike Huckabee, and possibly South Carolina Senator Jim DeMint.

In an attempt to set a Guinness World Record for “the greatest number of people playing cornhole in the same competition” the United Way of Summit County invited local area businesses and residents to Lock 3 Park in Akron to participate in a lunchtime event. With a reported total of 258 participants, the United Way estimates that indeed a new record was set and submitted the information to the Guinness World Record organization.

State and Federal Communications sent five teams to the tournament with hopes of bringing home a first prize of $100 and two custom made United Way Cornhole Board sets. State and Federal’s teams of Amber Fish-Linke and Sarah Gray, Myra Cottrill and Becky Campbell, Michael Beckett and Shamus Williams, John Cozine and Steve Quinn, and Jen Zona and Jon Spontarelli each competed alongside a deep field of Akron’s best tossers. While we were unsuccessful in our bid to win the tournament, State and Federal was proud to be a part of what could be a new Guinness World Record.

For the first time in three months, the Obama campaign and the DNC outraised Gov. Romney and the RNC. The President’s campaign reported a monthly total of $114 million raised in August, narrowly beating the Romney campaign’s $111.6 million in total fundraising. The last time President Obama won the fundraising race was in April of this year when his campaign raised $43.6 million to Gov. Romney’s $40.1 million. August is also the first time this election cycle that the President has raised over $100 million; Gov. Romney previously raised over $100 million in June, July and August. The Romney campaign also reported a cash on hand total of $168.5 million while the Obama campaign has not yet released that figure.

The Obama campaign has petitioned supporters for the past few months to help close the fundraising gap with numerous emails and phone calls. Obama campaign spokesman Jim Messina said the campaign received contributions, “from more than 1.1 million Americans, donating an average of $58 per person – more than 317,000 who had never donated to the campaign before.” Gov. Romney’s campaign did not release a total number of donor’s but said that 94% of donations were for $250 or less.

The new fundraising totals come at a good time for President Obama as the President has started to open a bit of a lead in daily tracking polls following the completion of the national conventions. The Rasmussen Tracking Poll gives Obama a slight advantage at 46% to 45% over Romney and a Reuters/Ipsos poll gives Obama a 48% to 45% edge. Additionally, a Gallup daily tracking poll shows Obama with a 50% to 43% advantage.

Other notes from the trail…

• Roll Call has released its annual study of the 50 richest members of congress. Rep. Michael McCaul (R-Texas) tops the list for the second straight year with a net worth over $300 million. Senator John Kerry once again topped the list of richest senators and is the second richest overall member of Congress with a net worth of $198.65 million. Both McCaul and Kerry benefit from the sizable assets of their spouses. McCaul’s wife is the daughter of Clear Channel Communications founder and CEO Lowry Mays, and Kerry’s wife is the widow of the late Senator John Heinz of Heinz Ketchup fame.
• Freshman Rhode Island Representative David Cicilline (D-1st) won a challenging primary Tuesday amid concerns about his tenure as the mayor of Providence. At issue were Cicilline’s statements and reports as mayor regarding the financial state of the city including his decision to tap into the city’s rainy day fund. Cicilline released a series of apologies in April regarding a lack of transparency in city finances and his efforts to balance the budget. Cicilline will now face Brendan Doherty, a retired police colonel for the heavily democratic district.
• On Sunday, the New York Times Magazine profiles Joseph Kennedy III (D-Massachusetts) who is running for the seat being vacated by retiring Congressman Barney Frank. Kennedy is the grandson of the late Robert F. Kennedy and son of six-term congressman Joseph Kennedy II. If Kennedy wins the seat in the heavily democratic district, it will mark a return to Washington for the Kennedy family for the first time since Patrick Kennedy (D-RI) retired from his Congressional seat in 2011. Prior to Patrick’s retirement, a member of the Kennedy family had served in national elected office every year since 1947.

September 6-7, 2012   Practising Law Institute, Washington, D.C.

September 12, 2012   United Way of Summit County Cornhole Tournament, Lock 3, Akron, OH

September 19-21, 2012   PAC State and Local Government Seminar, Washington, D.C.

Q. Are there any additional compliance requirements of which to be aware because this is a Presidential election year?

 A. In a word, no. However, given the substantial increase in federal, state, and local contributions, it is important to keep in mind some compliance basics during an election year:

• Be aware of what restrictions exist in a specific jurisdiction regarding pre-election contributions and/or communications. Several states have laws restricting contributions within a certain time period of an election. Federally, there are time-period restrictions associated with election communications;
• Track reportable contributions that may only come into play during an election year. For instance, at the federal level, contributions made to an inaugural committee are reportable on the LD-203;
• The same gift laws apply leading up to an election as the rest of the year. Understand the definition of a gift as it relates to a “covered official” from any given jurisdiction and don’t violate it because you happen to be attending an election-related activity, including conventions;
• Most jurisdictions have personal, corporate and/or PAC contribution limits. Be diligent in monitoring contributions so as not to surpass those limits;
• Don’t rely on a “covered official” from any jurisdiction to know his/her jurisdiction’s limits or restrictions. Be proactive in determining restrictions ahead of time; and
• Consider implementing “Election Year” guidelines within your organization to keep everyone on the same page.

In an election year, the increase in activity coupled with jurisdictional differences can make compliance a little trickier. By following these fundamental guidelines, you are more likely to ensure that at the end of the day you can say, “I Comply.” As always, should you have any questions regarding your compliance efforts, don’t hesitate to refer to State and Federal Communication’s on-line source books or contact us directly.

You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.

(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.

For those of you who may have missed some recent relevant social media articles, here are a few for you to check out!

• WeForPresident, The Social Victory Center, I Voted, Nation Builder, and Votizen are each playing their part in the election. 5 Facebook Apps That Are Shaking Up Politics.
• Twitter has been tracking your election-related tweets for months, and using that data to build the Twitter Political Index — or “Twindex” for short. Take a Tour of the Twitter Political Index.
• YouTube launched the “YouTube Elections Hub” Wednesday, providing a one-stop spot for live footage and video news coverage of the 2012 presidential election. YouTube Wants to Be Your Go-To for Election Coverage.
• Facebook has stepped up its security on brand pages, working to remove fraudulent Likes caused by spambots, malware or fake account users. Facebook Weeds Out Fake ‘Likes,’ Improves Brand Integrity.
• More than 2.5 million people have signed online petitions posted to the White House’s We the People website since its September 2011 launch. ‘We the People Nets More Than 3,000,000 Signatures.

The New York Times, CBS News and Quinnipiac University today released a poll of likely voters in Florida, Ohio and Wisconsin. Florida and Ohio have long been considered battleground states, but according to the new numbers, Wisconsin has now been added to the list of states where the Presidential election will be fought. The poll shows President Obama with only a two point lead over Governor Romney, well within the margin of error. If the election were held today, 49% of respondents in Wisconsin would vote for Obama, while 47% of respondents would vote for Romney.

The new poll comes on the heels of Gov. Romney’s selection of Wisconsin Republican Paul Ryan as his running mate. During a poll conducted in the week prior to the selection, President Obama maintained a six point lead over Gov. Romney. In 2008, President Obama handily won the state over Senator John McCain by a healthy margin of 14 points. Recently, Wisconsin has been slowly moving towards toss-up status, and the Ryan selection seems to have pushed it over the edge. A Republican presidential ticket has not won the state since Ronald Reagan’s reelection in 1984.

Similarly in Florida, Obama maintains a lead with likely voters of only three points at 49% to 46%. However, in Ohio, Obama’s advantage has held steady from the previous poll at six points with 50% to 44% of likely voters favoring the President. The poll further shows that voters in all three states view the economy as the most important issue in the election; 60% of voters in Florida, 59% of voters in Ohio, and 54% of voters in Wisconsin characterized the issue as “extremely important”.

Other notes from the trail:

• Representative Chris Van Hollen (D-MD) has been chosen by the Obama campaign as the stand-in for GOP Vice Presidential Nominee Paul Ryan during debate prep for Vice President Joe Biden. Van Hollen is the ranking member of the House Budget Committee, which Ryan chairs. Ryan and Van Hollen regularly go head to head on the issues that will be discussed in the vice presidential debate. The campaign has also confirmed that Sen. John Kerry will play the role of Gov. Romney in President Obama’s debate prep. Both Kerry and Romney hail from Massachusetts, and with Sen. Kerry comes the added advantage of a debate partner who has previously run for President as well. The Romney campaign has not announced who will stand-in for the President and Vice President during their debate prep.

• Following comments he made that “legitimate rape” rarely causes pregnancy and therefore is not a valid provision for allowing abortion, Representative Todd Akin (R-MO) announced that he will stay in the race for the Senate seat from Missouri. Akin has received numerous phone calls from members of his own party, including Gov. Mitt Romney and Rep. Paul Ryan, to withdraw from the race. As Akin did not step aside from the race prior to a 5 p.m. Tuesday, August 21 deadline, it would now take a court order to remove his name from the ballot should he change his mind. Additionally, under Missouri law, after September 25, his name would remain on the ballot regardless of his intentions.

July fundraising reports are due on Monday, but as is custom, both campaigns have leaked numbers prior to the deadline. For the third consecutive month, Gov. Romney and the GOP has significantly outraised President Obama and the DNC. The Romney campaign reported receipts of over $101 million while President Obama brought in approximately $75 million. Additionally, the Romney campaign claimed to have raised $3.5 million in the 24 hours following the announcement of Rep. Paul Ryan as the GOP vice presidential nominee. Perhaps more startling than fundraising numbers is the amount of money spent on advertising for the 2012 election cycle. According to NBC News Domenico Montaro, The Obama and Romney campaigns have so far passed the half billion dollar mark spending a combined $511 million.

As week one of the new Romney-Ryan ticket draws to a close, the election has reached a fever pitch. Both campaigns have ramped up their schedules with more rally’s, bus tours and fundraisers in swing states like Virginia, Ohio, Florida, North Carolina and Wisconsin. With the addition of Ryan to the race, the messaging from both parties has begun to center around Medicare and the federal budget. The Ryan choice was undoubtedly made to call attention to these issues as they fall under the purview of Ryan’s leadership in his post as the House Budget Committee Chairman.

Notes from trail:

• Former Governor Tommy Thompson won Tuesday’s crowded Republican Wisconsin Senate primary garnering 34% of the vote, beating his next closest competitor by only three points. Thompson narrowly defeated businessman Eric Hovde, who spent millions of his own money on the race, as well as former U.S. Representative and tea party backed candidate Marc Neumann. Thompson will face Representative Tammy Baldwin (D) for the seat being vacated by retiring Senator Herb Kohl (D). Kohl’s seat is seen as a toss-up and will be important in determining control of the Senate.

• Linda McMahon (R) and Chris Murphy (D) cruised to their party’s nominations for the Connecticut Senate seat being vacated by retiring Senator Joe Lieberman. McMahon is the former CEO of World Wrestling Entertainment, Inc. (WWE) and has so far spent more than $15 million of her own money on the race. Murphy is a well known three-term congressman from Connecticut’s fifth district.

• Representative Dennis Cardoza (D-CA) announced Wednesday that he would resign prior to the end of his term. Cardoza had originally planned to finish out his term, but cited family issues as well as the lack of substantive legislative work being done during an election year as the reason for leaving early. Cardoza lives with his wife and three children in Maryland. A couple of hours after his announcement, Cardoza was named managing director of a top Washington D.C. Government Affairs firm.

San Antonio Mayor Julian Castro was selected last week as the keynote speaker for the DNC convention. Castro is being touted as a rising star in the party and the DNC is looking to garner latino support with his selection. First Lady Michelle Obama will open the event on Tuesday, September 4, while her husband will close the event accepting the party’s nomination on Thursday. Former President Clinton has also been given a prominent role and will speak at the convention and likely place President Obama’s name formally into nomination. Other speakers include Former President Jimmy Carter and Massachusetts Senate Candidate Elizabeth Warren.

While the RNC has not yet named a keynote speaker, Chris Christie is widely believed to be chosen for the slot. Additionally, as more speakers are announced, Gov. Romney’s Vice Presidential list grows shorter. Already announced speakers include Condoleezza Rice, Former Florida Gov. Jeb Bush, Current Florida Gov. Rick Scott, Ohio Gov. John Kasich, Sen. Rick Santorum, South Carolina Gov. Nikki Haley and New Mexico Gov. Susana Martinez. Noticeably absent from the list are potential VP’s Bobby Jindal, Tim Pawlenty, Marco Rubio and Rob Portman. Both former presidents George H.W. Bush and George W. Bush declined invitations to the convention, as well as former Vice President Dick Cheney.

Other notes from the trail:

• Representative Todd Akin won the Missouri Republican Primary Tuesday and will face Senator Claire McCaskill in November. The race was tightly contested with Akin receiving 36% of the vote defeating businessman John Brunner and State Treasurer Sarah Steelman who received 30% and 29% respectively. Steelman was a favorite of the tea party and received a late endorsement from Sarah Palin. Democrats worked hard to elevate Akin, who they see as the weakest of the three candidates, by spending approximately $1.7 million on the race attacking both Brunner and Steelman.
• Ted Cruz won last Tuesday’s Texas republican primary to replace retiring Senator Kay Baily Hutchison (R). Cruz is a tea party backed candidate and defeated current Texas Lt. Governor David Dewhurst. Dewhurst had support from a number of established members of the GOP including Texas Governor Rick Perry while Cruz earned support from the likes of Sarah Palin, Rand Paul (R-KY), Glenn Beck and others. Cruz’s victory is seen as a major win for the tea party as a Republican is likely to succeed Hutchison in her senate seat.
• Polls show a very tight race for the Virginia Senate seat being vacated by Sen. Jim Webb. The race pits two former Virginia Governors, Tim Kaine (D) and George Allen (R) against each other for the seat formerly held by Allen. Rasmussen’s latest poll shows the race tied with each candidate receiving 46% support. Virginia is vital to the presidential election as well and both President Obama and Gov. Romney will campaign with Kaine and Allen in the coming weeks.

August 6-9, 2012   NCSL (National Conference of State Legislatures) Booth 923, Chicago, Illinois

August 14, 2012   Watergate II: Cancer on the Presidency, Akron, OH

September 6-7, 2012   Practising Law Institute, Washington, D.C

September 19-21, 2012   PAC State and Local Government Seminar, Washington, D.C.

The New York State Joint Commission on Public Ethics voted to approve draft regulations and guidelines for implementing the public disclosure requirement for lobbyists and their clients. The commission’s interpretation of the state’s new lobbying act states that starting July 1 certain lobbyists and lobbying employers must disclose individual funding behind their lobbying campaigns. The law would apply to donors of more than $5,000.

There will be two filed reports each year, with the first being due January 15, 2013.

Good government advocates were hoping that the law would be applied starting June 1, when the disclosure provisions were to go into effect. However, the commission said that a “fair and reasonable” reading of the law required the disclosure to begin in July.

These proposed regulations now have to be submitted through the formal rule promulgating process under state law. This means a public comment period and publication in the state register will have to occur before the rule officially goes into effect.

Federal:

IRS Says It Will Examine Rules for Nonprofit Political Activity

Lawyers Raking in Cash as Campaign Spending Hits Records

Millionaire Political Donors Club: Where are the women?

From the States and Municipalities:

California

San Bernardino County: Campaign finance reform boosted by bill

Connecticut

Campaign Money Scandal Rattles Congressional Race

Georgia

Governor Admits to Ethics Violations

Nevada

Americans for Prosperity May Have Opened Donors to Public Scrutiny by Entering State Race

Pennsylvania

Pa.’s Tough, New Voter ID Law Lands in Court

Pennsylvania

SEPTA Says It Didn’t Think It Had to Report Lobbyist Spending

Utah

ALEC Conservatives Reject Charges of Corporate Cronyism

Vermont

Vermont AG: No limits for independent expenditure PACs

Wisconsin

Prosser Converts Campaign Account to Legal Defense Fund

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.

On Wednesday, NBC News and the Wall Street Journal released a poll conducted July 18-22, of registered voters nationwide. In a choice between President Obama and Gov. Mitt Romney, respondents favored the President 49% to 43%. Additionally, if the election were held today, swing state voters favor the president 49% to 41%.

The poll shows negative campaigning has affected both candidates as each has seen a rise in the number of respondents who view them negatively. According to the Washington Post, 75-90% of all ads aired across the country in the month of June were negative in nature. The poll is facing a bit of scrutiny; however, including from NBC’s Chuck Todd, that it may be skewed as 46% of participants self-identified as democrats while only 35% self-identified as republicans.

Additionally, the Commission on Presidential Debates announced details on Wednesday for the three 2012 Presidential debates as well as one Vice Presidential debate. The first and final Presidential debates will focus on domestic policy hosted by a single moderator, while the second debate will be a town hall meeting with undecided voters questioning the candidates. Moderators will be announced in August. More details can be found at the COPD website.

Other notes from the trail:

• ABC News has compiled a couple of charts showing how both Presidential campaigns are spending money. The figures include things like rent, credit card fees and payroll.

• The battle for the U.S. Senate in Massachusetts could potentially become the most expensive in history for a senate seat. Scott Brown (R) and Elizabeth Warren (D) have raised a combined $46 million dollars through the end of June, not including money spent on advertising by outside groups. The record currently belongs to the 2000 New York race between now Secretary of State Hillary Clinton and Former Rep. Rick Lazio. Clinton and Lazio spent a combined $70 million in that contest. Recent polls show Warren has a 2 point edge over Brown.

• Congressman Jim Renacci (R) has returned $100,000 in campaign donations amid allegations that the funds were improperly funneled through Canton area businessman Benjamin Suarez. Renacci’s campaign had initially planned to keep the money until a federal investigation was completed, but have preemptively reimbursed individual donors. Renacci and Rep. Betty Sutton (D) are competing in Ohio’s newly drawn 16th district.

• The four congressional campaign committees reported similar fundraising numbers in June. The National Republican Campaign Committee narrowly outraised the Democratic Congressional Campaign Committee $10.7 million to $10.5 million, while the Democratic Senatorial Campaign Committee raised $8 million to the National Republican Senatorial Campaign Committee’s $4.4 million.