March 13, 2013 •
Sen. Bernie Sanders Introduces Constitutional Amendment to Overturn Citizens United
Democracy is for People Amendment
A bill introduced on March 12, 2013 by U.S. Senator Bernie Sanders proposes an amendment to the U.S. Constitution overturning the Supreme Court decision of Citizens United v. FEC.
The amendment is divided into four sections. The first section declares because the right to vote belongs only to “natural persons as citizens of the United States”, political contributions and expenditures may only be made by “natural persons”.
The second section affirmatively grants Congress and the States power to regulate campaign finance laws. Sen. Sanders’ fact sheet explaining the amendment states, “This [second] section overturns the Buckley v. Valeo (1976) ‘money is speech’ decision allowing individuals – including individuals who are candidates – to spend unlimited sums of money independent of candidates.”
The remaining two sections explicitly state the amendment does not limit the freedom of the press and that Congress and the States will have the power to enforce the amendment through their legislative powers. Sen. Sanders’ press release can be found here. U.S. Representative Ted Deutch has filed this same amendment, House Joint Resolution 34, in the House.
February 25, 2013 •
U.S. Supreme Court Denies Review of Appeal Dealing with Issue of Federal Political Contributions from Corporations
United States v. Danielczyk
Today the United States Supreme Court decided not to grant a review of the case of United States v. Danielczyk.
Danielczyk is a criminal case in which one of the defense arguments was the Federal Election Campaign Act of 1971 prohibiting direct corporate contributions to federal candidates was unconstitutional.
The U.S. District Court Judge presiding over the case had agreed with the defense and, based on Citizens United v. FEC, found corporations have an equal right to make political contributions under federal law as do human beings. The judge’s decision was reversed on appeal. The reversal on this issue of law now stands.
February 19, 2013 •
U.S. Supreme Court to Hear Campaign Finance Case
McCutcheon v. FEC
Today the United States Supreme Court decided to grant a review to a case challenging the aggregate limits on federal campaign contributions. The case, McCutcheon v. Federal Election Commission, seeks to allow Shaun McCutcheon to make political contributions to several federal candidates exceeding the two-year aggregate limit currently set at $48,600 as provided in 2 U.S.C §441a(a)(3)(A).
Photo of Supreme Court building by UpstateNYer in Wikipedia.
February 19, 2013 •
May Elections May Move in El Paso
Voters to Decide
This May El Paso, Texas voters will decide whether to move city elections to November or let them remain in the spring.
The City Council voted on February 14, 2013, to allow the voters to amend the city’s charter and choose the timing of future municipal elections. The council did not make any recommendation as to its preference.
If approved, the first November election would be held in 2018, according to the El Paso Times.
February 14, 2013 •
Montana Governor and State Senator Introduce Campaign Finance Reform
TRACE Act
Montana Governor Steve Bullock and Senator Jim Peterson announced a comprehensive campaign finance initiative for the state.
The Transparency, Reporting and Accountability in Campaigns and Elections (TRACE) Act was introduced today at a joint press conference in the governor’s office.
The governor said the provisions of the bill, to be introduced by Senator Peterson, include increasing disclosure by organizations without regard to the organization’s federal tax status, prohibiting direct corporate or union contributions to candidates, and increasing disclosure requirements by corporations making independent expenditures.
The TRACE Act also increases campaign contributions: per election cycle, a candidate for governor could accept up to $2,000 from a political committee or individual, a statewide candidate could accept up to $1,000, and all other candidates could accept up to $500. Additionally, the bill increases the fine for those violating election law and requires all major donors to incidental committees be identified through disclosure.
In his press release, Governor Bullock said, “This isn’t about winning or losing elections. This is about putting our democracy back in the sunlight where [it] belongs – back firmly in the hands of ‘we the people’.”
February 8, 2013 •
Special Elections in Massachusetts Announced for First Suffolk Senate District and Eighth Suffolk District House
Overlapping Election Dates
Special election dates for a Massachusetts Senate seat and a state House seat have been announced by the Secretary of State.
The special primary election for the First Suffolk Senate District seat will be held on April 30, the same date as the special primary election for the U.S. Senate seat recently vacated by Senator John Kerry. The special general election for the Senate seat will be held on May 28.
May 28 will also be the special primary election date for the Eighth Suffolk District House seat. The special election for the house seat will be held on June 25, the same date as the special general election for the U.S. Senate.
The House election is being called to fill a vacancy caused by the resignation of Representative Martha Marty Walz. The Senate election is being called to fill a vacancy caused by the resignation of Senator Jack Hart.
February 5, 2013 •
Massachusetts Secretary of State’s Argument for Expansive Lobbyist Disclosure Dismissed
“All Direct Business Associations with Public Officials”
An argument put forth by the Massachusetts Secretary of State’s office requiring lobbyists to disclose every communication with public officials “makes absolutely no sense,” wrote Superior Court Judge Janet Sanders.
Secretary of State William Galvin’s office had argued it has the authority to interpret “all direct business associations with public officials” expansively and require the names of all officials with whom a lobbyist has communicated. In reaction, a lawsuit was brought against the Secretary of State’s office by the ACLU, AirStrategies, the Associated Industries of Massachusetts, Citizens for Juvenile Justice, Common Cause, and the Conservation Law Foundation.
According to the Boston Herald, the arguments in favor of the disclosure requirement were dismissed by the judge in her decision.
January 31, 2013 •
Arizona Political Contribution Limits Updated
2013-2014 Election Cycle
The Arizona Office of the Secretary of State has released the 2013-2014 election cycle contribution limits.
Individuals and noncertified political committees can now contribute up to $912 to a statewide candidate, $450 to a non-statewide local candidate, and $440 to a non-statewide legislative candidate. Additionally, committees certified by the state may contribute up to $4,560 to a statewide candidate, $2,270 to a non-statewide local candidate, and $1,816 to a non-statewide legislative candidate. These limits apply to candidates not receiving public funds under the Citizens Clean Elections Act.
Other changes include allowing individuals to make annual political contributions up to $6,390 to political committees or candidates. The contributions limits are required by law to be adjusted every two years.
January 31, 2013 •
Rhode Island Bill Would Ban Contributions During Session
House Bill 5187
A bill was introduced that would prohibit lobbyists from making any political contributions to any member of the Rhode Island General Assembly during legislative sessions.
House Bill 5187, introduced by Representative John Lombardi on January 29, delineates the ban’s time-frame for each annual session from January 1 through July 1.
In his press release, Representative Lombardi states, “Perhaps buying a ticket to a legislator’s fundraiser is done with the best intentions, but it can still appear to be for a different reason entirely. Perceptions are important and there should never be the perception, even if incorrect, that a political contribution is a means to a special favor, to special treatment.”
January 30, 2013 •
FEC Updates Contribution Limits
2013-2014
The Federal Election Commission (FEC) has published the 2013-2014 election cycle contribution limits indexed for inflation. As required by the Bipartisan Campaign Reform Act of 2002, the FEC must adjust certain contribution limits every two years.
The individual and non-multicandidate PAC contribution limit to federal candidates has increased from $2,500 to $2,600 for both primary and general elections, allowing for a total of $5,200 for a federal candidate. The overall biennial limit for individuals has increased to $123,200, with a maximum of $48,600 for all candidates and $74,600 for all PACs and parties. Among the other adjustments is the increased contribution limit of $32,400 per year to national parties from individuals and non-multicandidate PACs.
January 29, 2013 •
Massachusetts U.S. Senate Seat Election to Be Scheduled for June 25
U.S. Senator Kerry Resignation Expected Today
A special election for U.S. Senator John Kerry’s seat will be held on June 25, 2013, assuming receipt of his resignation today. This morning, Senator Kerry’s nomination as secretary of state was unanimously approved by the Senate Foreign Relations Committee. He is expected to be confirmed by the full Senate this afternoon and subsequently tender his Senate resignation. Governor Deval Patrick expects to appoint a temporary replacement tomorrow, according to the Boston Globe. The primary election will be held on April 30.
January 23, 2013 •
Two Proposed Constitutional Amendments to Overturn Citizens United Introduced
House Joint Resolutions
Two proposals for amendments to the U.S. Constitution regarding campaign finance were introduced yesterday by Representative Jim McGovern.
House Joint Resolution 20 calls for an amendment giving authority to the federal and state governments to regulate the raising and spending of money in elections.
House Joint Resolution 21 provides for an amendment preventing corporations, limited liability companies, and other corporate entities from being included under the terms people, person, or citizen as “used” in the constitution.
Representative McGovern states in his press release that his amendments “would overturn Citizens United and put a stop to the growing trend of corporations claiming first amendment rights,” and “allow Congress to pass campaign finance reform legislation that will withstand Constitutional challenges.”
January 14, 2013 •
Oklahoma Ethics Commission Hires New Executive Director
Lee Slater
The Oklahoma Ethics Commission has hired Lee Slater as its new executive director.
According to The Oklahoman, Mr. Slater will begin working part time with the commission on February 1 and become the full time executive director on July 1, 2013.
The position recently became vacant when Marilyn Hughes retired as executive director after 25 years with the agency.
January 11, 2013 •
Federal Campaign Finance Legislation Introduced by Representative Kaptur
Amendments proposed
In the first week of the 113th Congress, House Representative Marcy Kaptur introduced several pieces of legislation dealing with campaign finance.
Three separate House Joint Resolutions propose constitutional amendments aimed at limiting corporations’ influence in public elections. She also introduced a bill to amend the Communications Act of 1934 to require radio and television broadcasters to provide free broadcasting time for political advertising.
Additionally, Representative Kaptur introduced House Concurrent Resolution 6, which expresses “the sense of Congress that the Supreme Court misinterpreted the First Amendment to the Constitution in the case of Buckley v. Valeo.” Buckley v. Valeo is a Supreme Court case decided in 1976 which crystallized the distinction between direct contributions and independent expenditures in political campaigns.
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