The Federal Election Commission (FEC) has issued an advisory opinion approving plans of a for-profit company’s mobile-based financial processing platform to collect and distribute funds to candidates, committees, and PACs.

GivingSphere, which allows individuals to make donations to charitable groups through the internet and mobile devices, requested an opinion about implementing contributions to political entities. Customer funds for contributions are accumulated by rebates earned by purchasing goods from merchants who participate in the GivingSphere affiliate program.

Advisory Opinion 2011-19 allows GivingSphere to transmit its customers’ funds in the form of political contributions. Additionally, the company may sell advertising space to political committees on its website, provide a searchable database of political committees to its customers, and permit political committees to post a ‘badge’ of the GivingSphere on their website.

Because GivingSphere is merely processing contributions, it will not be subject to any reporting requirements. The FEC press release can be found here.

The Federal Office of Government Ethics (O.G.E.) is extending the comment period for its proposed regulations concerning gifts from lobbyists.

In September, the O.G.E. proposed rules which limit, for lobbyists, the exceptions of the ban on gifts for federal employees. The proposed rules arose because of a Presidential Executive Order which had called for the O.G.E. “to apply the lobbyist gift ban set forth [in the order] to all executive branch employees.”

The period for written comments ended yesterday, November 14. However, today the O.G.E. announced it is extending the comment period to December 14.

Today’s announcement may be found here. A copy of the of the original proposed rulemaking notice is available here.

This post follows an earlier LobbyComply post concerning this rule, O.G.E. Proposes New Rules on Lobbyist Gifts.

The Rhode Island Senate and House will both convene this Thursday, November 17.

The two bodies will be meeting at different times in the afternoon to consider Senate Bill S1111A and House Bill H6319A.

The bills concern contributions and benefits related to the retirement system for public officers and employees.

The Federal Election Commission has received an advisory opinion request asking if an independent expenditure-only PAC may use incumbent members of congress in its advertisements.

Independent expenditure PAC American Crossroads has formally requested it be allowed to produce and distribute television and radio advertisements featuring on camera footage or voice-overs of incumbent members of congress up for re-election. Conceding the purpose of the ads would be to improve the public’s perception of the congress member, the advertisements would focus on policy and legislative issues.

American Crossroads is seeking confirmation and guidance as to whether the advertisements qualify as coordinated communications, are in-kind contributions, or may limit the PAC’s ability to independently expend funds in favor of the candidate.

The advisory opinion request can be found here.

A Federal constitutional amendment allowing Congress and the states to regulate campaign finance is being introduced by U.S. Senators Tom Udall and Michael Bennett.

The amendment, a response to last year’s Supreme Court decision, Citizens United v FEC, grants Congress and the states the power to “regulate the raising and spending of money and in kind equivalents” in their laws for their respective elections.

The bill allows the government to set limits on both the amount of direct political contributions to candidates and the amount of independent expenditures that may be made in support of or in opposition to those candidates.

According to his press release, Senator Udall states, “With the Supreme Court striking down the sensible regulations Congress has passed, the only way to address the root cause of this problem is to give Congress clear authority to regulate the campaign finance system.”

The full text of the proposed amendment reads as follows:

SECTION 1. Congress shall have power to regulate the raising and spending of money and in kind equivalents with respect to Federal elections, including through setting limits on:

(1) The amount of contributions to candidates for nomination for election to, or for election to, Federal office; and

(2) The amount of expenditures that may be made by, in support of, or in opposition to such candidates.

SECTION 2. A State shall have power to regulate the raising and spending of money and in kind equivalents with respect to State elections, including through setting limits on:

(1) The amount of contributions to candidates for nomination for election to, or for election to, State office; and

(2) The amount of expenditures that may be made by, in support of, or in opposition to such candidates.

SECTION 3. Congress shall have power to implement and enforce this article by appropriate legislation.

A different constitutional amendment addressing the Citizen’s United decision was introduced in September by Congressman John Conyers. Information about that amendment may be found in a prior LobbyComply post here.

A one-day special session of the Arizona Legislature was called by Governor Jan Brewer yesterday to impeach the chairwoman of the Arizona Independent Redistricting Commission.

The Senate vote to impeach Chairwoman Colleen Coyle Mathis passed with the required two thirds majority. The chairwoman, a registered independent, was ousted with a party line vote of 21 Republican senators in favor of the removal and 6 Democratic senators opposed.

Governor Brewer alleges gross misconduct by Chairwoman Mathis in her role in the independent commission, which also has two democratic members and two republican members.

Photo of the Arizona State Capitol building by 2candle on Wikipedia.

The Texas Ethics Commission has adopted amendments to its rules regarding reporting requirements under the campaign finance law.

The changes in administrative rules §§20.50, 20.62, 20.219, 20.279, 20.331, and 20.433 bring them in line with Senate Bill 1, passed earlier this year.

While the bill became effective September 28, the Ethics Commission’s adopted rules became effective today.

Political contribution limit changes proposed this summer by the Montana Office of the Commissioner of Political Practices take effect today.

The adjustments affect the amount of contributions individuals, political parties, and political committees may make to candidates for the office of governor and other statewide positions.

Additionally, as also proposed this summer by the Commissioner’s office, electronic filing of reports is scheduled to begin in January.

A court in British Columbia has ruled the province cannot restrict election spending in the 60 days leading up to an official election call.

In British Columbia Teachers’ Federation v. British Columbia (Attorney General), the British Columbia Court of Appeal panel upheld a lower court ruling finding portions of Election Act sections 235.1 and 228 are unconstitutional, and are of no force and effect insofar as they relate to the pre-campaign period as defined in the Act. Therefore, the court affirmed the British Columbia Attorney General cannot restrict election spending in the pre-campaign period 60 days before the election period begins.

Election advertising preceding a 28-day campaign period is considered a “pre-campaign” period. In the decision Justice Catherine Anne Ryan wrote, “[R]estricting third-party advertising during the pre-campaign period would unjustifiably interfere with third parties’ issue advocacy, lobbying activity, and other advertising endeavours unrelated to the election.”

Individuals with federal contracts should be allowed to make political contributions to federal candidates or political parties, a lawsuit filed yesterday by the American Civil Liberties Union (ACLU) argues.

The suit, Wagner v. Federal Election Commission, filed in the United States District Court for the District of Columbia, challenges the constitutionality of section 441c of Title 2 of the U.S. Code, which prohibits any vendors with contracts with the federal government from making such contributions.

According to its press release, the ACLU is asking the Court, on behalf of the three named plaintiffs, to declare the law unconstitutional as applied to individuals who have personal services contracts with federal agencies. Because federal workers who are not contractors may make federal political contributions, while contractors performing the same work may not, the suit argues section 441c violates both the Equal Protection Clause of the Constitution and the First Amendment.

Photo of the United States District Court for the District of Columbia courtesy of the Court’s website.

A proposed federal regulation would require mandatory privacy training for certain contractors.

Under a new rule put forward by the Department of Defense, the General Services Administration, and NASA, contractors would be required to identify employees designing, operating or having access to government systems of records, or handling personally identifiable information.

This training would be required upon the award of a contract and at least annually thereafter. Vendors would be required to maintain records of employee training for request by the government.

This rule does not apply to commercial items. The Regulatory Secretariat is accepting comments until December 13.

The Rhode Island General Assembly is scheduled to meet tomorrow, October 18. Tomorrow’s legislative purpose concerns changes to the public pension system.

Because the Legislature has technically only been in recess, the meeting is not a special session. The Legislature will meet intermittently throughout this fall.

Photo of the Rhode Island State Capitol by Garrett A. Wollman on Wikipedia.

Today’s scheduled House Subcommittee hearing with the FEC’s Commissioners has been postponed.

The Committee on House Administration’s Subcommittee on Elections has not yet chosen a new date for the hearing.

All six Commissioners from the Federal Election Commission (FEC) are slated to appear before a House Subcommittee tomorrow at 3pm.

The Committee on House Administration’s Subcommittee on Elections has designated the scheduled meeting “Federal Election Commission: Reviewing Policies, Processes and Procedures.”

Among its other election-related duties, the Subcommittee on Elections oversees the FEC.