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.”

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.

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.

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.”

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.

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.

Nevada lobbyists must now complete training before they can lobby the Legislature.

The Legislative Commission issued amended regulations on lobbying on December 20, 2012. The training will be provided by the Legislative Counsel Bureau.

Lobbyists can either attend a training session in person or arrange to obtain a video of the training and then certify having watched the video.

Additionally, the photo identification badges for lobbyists have been assigned different colors based on a category, such as whether a lobbyist is paid or not paid.

On December 19, 2012, the Jersey City, New Jersey City Council adopted a number of new pay-to-play measures while tabling another competing version of changes.

City ordinance 12-158 limits vendors winning no-bid contracts from making political contributions over $200 to committees for local state senate, local state assembly, and school board candidates, and to other entities, associations, and forms of association required to register annually with the New Jersey Election Law Enforcement Commission.

Vendors are also prohibited from participating in voter-registration drives, get-out-the-vote activities, and advertising for municipal candidates.

Once signed by the Mayor, the ordinance takes effect on January 8, 2013. City ordinance 12-157, with alternate pay-to-play measures, was tabled by the city council.

Photo of the Jersey City skyline by Gryffindor on Wikipedia.

A special election for Louisiana house district 79 has been set for March 2, 2013. Representative Anthony Ligi announced on December 14, 2012 that he is resigning on January 1, 2013 to work in the private sector, leaving his seat in district 79 vacant.

If necessary, a runoff election will be held on April 6.

Texas Governor Rick Perry announced a special election for the currently vacant district six state senate seat. The position was held by Senator Mario Gallegos, who died last October but was nonetheless reelected posthumously in November.

The Governor has set the election for Saturday, January 26, 2013.

In the event a single candidate does not receive a majority of the votes in the January election, a runoff election will be held between the top two candidates receiving the most votes.

A Montana judge has dismissed parts of a complaint brought by an organization seeking to block disclosure of its activities that the state believes to be political activity.

On Monday, December 10, 2012, District Court Judge Jeffrey M. Sherlock issued an order dismissing five counts from the court complaint of American Tradition Partnership (ATP), striking additional requests for relief made by ATP, ordering ATP to comply with previously made discovery requests, and requiring ATP to pay the attorney fees and costs incurred by the state in bringing the initial motion to discovery and the motion for sanctions.

Judge Sherlock was upset at ATP’s apparent refusal to comply with his orders, writing, “Never in this author’s 24 years on the bench has he had a litigant flatly refuse to comply with two discovery orders.”

ATP had initially brought the court action against the state in 2010 to prevent Montana from classifying the organization as a political committee required to disclose expenditures and contributions. ATP maintains it is an educational organization not subject to political disclosure and disclaimer statutes.

The organization, known as Western Tradition Partnership (WTP) when it initially filed suit, additionally maintains the state’s statutes are unconstitutional and has repeatedly raised this objection is its discovery responses. Judge Sherlock ended his decision decreeing, “The Court is no longer interested in hearing WTP’s objections. All the Court wants is answers to the questions that have been propounded.”

The Federal Election Commission issued an Advisory Opinion on December 6, 2012, concluding a federal candidate’s campaign committee may make a contribution to an independent expenditure-only committee from funds raised for the federal candidate’s terminated political campaign.

Friends of Mike H, the principal campaign committee of former candidate Mike Haridopolos, requested an opinion to determine whether it could give $10,000 or more of its excess funds raised for Mr. Haridopolos’s 2012 U.S. Senate primary election campaign in Florida, from which he withdrew, to an independent expenditure-only committee called Freedom PAC. Currently, Mr. Haridopolos does not hold federal office and is not seeking any elected federal office.

Because Friends of Mike H. is not using its funds for personal use or for any unlawful use, the Commission found Mr. Haridopolos’s political committee may make its requested contributions to Freedom PAC. The Commission also noted that “amount limitations are generally unconstitutional as applied to contributions that will be used to finance independent activity.”

Massachusetts lobbyists using a LinkedIn online discussion group are not prohibited from soliciting contributions for candidates from the group.

The Office of Campaign and Political Finance (OCPF) issued an opinion, AO-12-03, on November 20, detailing when a lobbyist can solicit contributions on LinkedIn without being considered a regulated intermediary or conduit bundling contributions. The OCPF considers the use of social media, such as LinkedIn, as a “personal service” that is generally exempt from campaign finance limitations or disclosure requirements.

Asking members of a lobbyist’s LinkedIn group “to contribute directly to candidates does not involve ‘arranging’ for the making of contributions” requiring application the law,” the opinion holds. However, a lobbyist could be regulated if contributions are either “‘delivered, whether in person or by mail [by the regulated intermediary], to a particular candidate or such candidate’s authorized committee or agent’ or made ‘in a manner that identifies in writing the person who arranged the making of the contributions.’” For example, in the instance of direct contributions to a candidate, if a lobbyists “actually instructs the contributors to identity, with a note on their contribution checks, the legislative or executive agent as the person responsible for arranging the contribution, the legislative or executive agent would be subject” to regulation.

The restrictions for bundling apply only if at least one of the bundled contributions is more than $156. The OCPF also opined that persons who are not lobbyists may use LinkedIn or similar sites to solicit contributions for candidates, with certain restrictions for public employees.

A new executive director for the Oklahoma Ethics Commission may be selected next week.

According to The Oklahoman, commissioners intend to interview the final four applicants, all from Oklahoma, for the position on November 27.

Outgoing executive director Marilyn Hughes, who has held the position for nearly 25 years, is leaving the job on November 30.

Also retiring on November 30 are the Ethics Commission’s general counsel, Rebecca Adams, and its investigator, Darey Roberts. Ms. Adams was general counsel for the last 21 years and Mr. Roberts its investigator for 17 years.