On November 25, the United States District Court for the District of Columbia ruled corporations and labor organizations making electioneering communications are required to disclose all donors making contributions over $1,000. Under 11 C.F.R. §104.20(c)(9), the Federal Election Commission’s regulation ruled invalid, disclosure was only required when made explicitly for the purpose of furthering electioneering communications.

In Christopher Van Hollen v. Federal Election Commission, the Court found the commission’s regulation “arbitrary, capricious, and contrary to law” and “an unreasonable interpretation of the [Bipartisan Campaign Reform Act (BCRA)].” 52 U.S.C. § 30104(f)(d)(E)–(F) of the BCRA does not require any preconditions for when to disclose donors making contributions over $1,000.

The Court ruled the commission’s regulation “serves to frustrate the aim of the statute because the introduction of a subjective test to the reporting regime creates an exception that has the potential to swallow the rule entirely. A donor can avoid reporting altogether by transmitting funds but remaining silent about their intended use.”

The case was brought in 2011 by U.S. Rep. Christopher Van Hollen.

Toronto Mayor Rob Ford won another election last night in Toronto, albeit for the Ward 2 City Council seat he occupied before becoming mayor. The incumbent mayor’s brother, Doug Ford, lost his own bid to be the next mayor of the city against John Tory, the Progressive Conservative candidate.

According to CBC News Toronto,  Rob Ford, who withdrew from the mayoral race earlier this year due to illness, said, “I can assure you, I’ll be taking care of my health and I’ll be taking care of the people in Etobicoke North and I’ll continue to take care of every taxpayer in this city, like I always have.”

Photo of Rob Ford by West Annex News on Wikimedia Commons.

On October 22, U.S. District Judge Dana Christensen upheld the Montana’s campaign finance law. Montanans for Community Development (MCD), a nonprofit organization, had brought the lawsuit challenging the law’s requirement to have the organization report its financial supporters.

According to Missoulian.com, MCD wanted to circulate political advertisements without disclosing the identity of its donors. Disagreeing with MCD’s argument, the court found the statutes were not too vague to be constitutionally valid. MCD’s legal representation included James Bopp, a frequent challenger of campaign finance laws.

On June 18, the Kansas Ethics Commission dismissed a complaint accusing a candidate of soliciting contributions from lobbyists through social media, according to the Kansas City Star.

On May 1, while the Legislature was still in session, a Facebook page for former state Sen. Jean Schodorf’s campaign was posted seeking help to raise money for her political campaign for secretary of state. Clay Barker, the state GOP executive director, made a complaint after a lobbyist “liked” the page. State law prohibits candidates from seeking contributions from lobbyists while the Legislature is in session.

Schodorf told the Star the commission informed her they found no probable cause to believe she violated the law and dismissed the complaint.

The first session of the 33rd Yukon Legislative Assembly, which convened on March 25, adjourned on May 15, 2014.

The Legislative Assembly is scheduled to reconvene later this year.

The session dates will be announced two weeks before the session begins.

Today U.S. Sen. Patrick Leahy announced the Senate Judiciary Committee will hold a hearing related to campaign finance next month.

On June 3, the full committee will focus on Senate Joint Resolution 19, a constitutional amendment granting Congress and the states power to regulate money in political elections.

Leahy argues in his press release, “The hearing comes on the heels of the Court’s McCutcheon v. Federal Election Commission decision, in which five justices reversed long-standing precedent and declared aggregate limits on campaign contributions in elections to be unconstitutional in violation of the First Amendment. Coupled with the destructive Citizens United decision of 2010, … Congress must respond.”

SJR 19 was introduced by Sen. Tom Udall and has 40 cosponsors.

Two campaign finance bills affecting local elections in British Columbia were passed last week by the Legislative Assembly.

On May 1, Bill No. 20, the Local Elections Campaign Financing Act, and Bill No. 21, Local Elections Statutes Amendment Act, 2014, were passed after the third readings. The new laws will require, among other changes, third party advertising sponsors to register with Election B.C., report expenditures and contributions of $50 or more, and clearly identify themselves in any election advertisement.

The legislation will become effective after royal assent.

Photo of the British Columbia Legislative Assembly building courtesy of KirinX on Wikimedia Commons.

A lawsuit was filed in federal court this week challenging Louisiana’s $100,000 limit on contributions to political action committees (PACs).

The plaintiff in the suit is an independent expenditure-only PAC called The Fund for Louisiana’s Future. It is arguing that, because it only makes expenditures independent of any candidate, the limit violates the First and Fourteenth Amendments.

According to The Advocate, the PAC was created to support Sen. David Vitter’s future bid for governor or re-election bid for Senate.

The Ottawa, Ontario ethics code is being evaluated today against the backdrop of Toronto Mayor Rob Ford’s recent public indulgences and transgressions. At an event being held at Carleton University titled “Could Rob Ford’s Antics Happen in Ottawa?” Mayor Jim Watson and Integrity Commissioner Robert Marleau will assess whether the city code helps earn the public trust.

According to the Ottawa Star, the discussion will include questions such as whether the ethics code goes beyond legal compliance to address ethical conduct, whether councillors are held accountable for ethical transgressions, and whether elected officials are treated differently than municipal employees.

Ford has received intense media scrutiny for admitting to smoking crack cocaine while holding the position of mayor, using lewd language when talking to the media, and engaging in public episodes of apparent drunkenness.

New Hampshire Gov. Maggie Hassan’s State of the State speech, originally scheduled for Wednesday, February 5, has been postponed until Thursday afternoon due to the area’s frigid snowstorm. The House of Representatives will also not meet today because of the winter weather. According to NHPR, Senate committee hearings scheduled for Wednesday morning will proceed. Hassan’s speech has been rescheduled for 2 p.m. on Thursday, February 6.

On December 17, 2013, the Arizona Supreme Court found House Bill 2593 to be constitutional, allowing newer and higher political contribution limits to take effect.

On October 15, 2013, a state Court of Appeals had directed the secretary of state not to enforce the new law, which had become effective on September 13, 2013. The lawsuit challenging the constitutionality of the new law was brought by the Citizens Clean Elections Commission and others from the state.

Individuals and noncertified political committees may now give $2,000 to candidates running for legislative and statewide offices who do not participate in the state’s Citizens Clean Elections Act campaign financing system. Contributions made to candidates running for local office may be made in amounts up to $2,500. Contribution limits by committees certified by the secretary of state have also been increased.

Additionally, H.B. 2593 removes aggregate contribution limitations for individuals and some political committees.

On October 23, 2013, the Federal Election Commission (FEC) updated its policy regarding a program for requesting consideration of legal questions during a report review or audit process.

The commission now provides an electronic means for filing these types of requests, which previously were available only by filing in paper form. While requests may be still submitted in paper form, the FEC encourages requestors to submit their requests via email to ensure the timely receipt and consideration of the comments.

Requestors may submit requests to LegalRequestProgram@fec.gov

On October 16, the Utah Legislature adjourned its one-day special session sine die. The Legislature passed bills authorizing state funds to open and operate national parks, monuments, and recreation areas, to cover the benefits of certain unpaid furloughed employees, and to offset obligations caused by delays in federal funding to the Child Nutrition Program. Gov. Gary Herbert signed the bills Wednesday night.

A precept for a special election for New Hampshire State Representative in Strafford County District 6 (Durham and Madbury) was approved on October 16 by Governor Margaret Hassan and the Executive Council. The primary election will be held on December 17 followed by a special general election on February 4, 2014.