The New Jersey Election Law Enforcement Commission (ELEC) announced lobbyists and their clients can now file annual reports via the internet.

In a press release, ELEC Executive Director Jeff Brindle stated the electronic filing will not be mandatory, but hopes to begin mandatory electronic filing next year.

Additionally, Director Brindle reported, “As soon as possible, however, we do hope to allow lobbyists to electronically file their other reports.’’ ELEC eventually hopes to enable electronic filing of quarterly lobbyist activity reports, notices of representation, and notices of termination.

The annual activity reports for 2011 are due February 15, 2012.

The dates for the Texas general primary and the runoff elections have been changed.

Judge Orlando Garcia of the United States District Court for The Western District of Texas issued an order altering the dates of the elections. The order was agreed to by all parties in the action.

The 2012 general primary date has been changed from March 6 to April 3. The 2012 general primary runoff election will be held on June 5, instead of the previously scheduled date of May 22.

Federal House and Senate resolutions meant to blunt the Supreme Court’s Citizens United v. FEC decision have recently been submitted to Congress.

Senate Joint Resolution 33, introduced by Senator Bernie Sanders, and House Joint Resolution 90, introduced by Representative Theodore E. Deutch, both expressly exclude for-profit corporations from “the rights given to natural persons” and prohibit corporation spending in all elections, including ballot issues.

Additionally, the resolutions allow the government “to regulate and set limits on all election contributions and expenditures, including a candidate’s own spending, and to authorize the establishment of political committees to receive, spend, and publicly disclose the sources of those contributions and expenditures.’’

The amendment proposed reads as follows:

Section 1. The rights protected by the Constitution of the United States are the rights of natural persons and do not extend to for-profit corporations, limited liability companies, or other private entities established for business purposes or to promote business interests under the laws of any state, the United States, or any foreign state.

Section 2. Such corporate and other private entities established under law are subject to regulation by the people through the legislative process so long as such regulations are consistent with the powers of Congress and the States and do not limit the freedom of the press.

Section 3. Such corporate and other private entities shall be prohibited from making contributions or expenditures in any election of any candidate for public office or the vote upon any ballot measure submitted to the people.

Section 4. Congress and the States shall have the power to regulate and set limits on all election contributions and expenditures, including a candidate’s own spending, and to authorize the establishment of political committees to receive, spend, and publicly disclose the sources of those contributions and expenditures.

Other constitutional amendments introduced related to campaign finance can be found in our prior blog posts, including Constitutional Amendment to Control Campaign Financing and Constitutional Amendment to Reverse Citizens United.

The Ottawa City Council Governance Renewal Sub-Committee has directed the city clerk to refine a proposed lobbyist code of conduct.

The councillors explicitly want the differences between advocacy and lobbying to be delineated in order to exempt advocacy activities from registration. The subcommittee differentiated advocacy activities, “communications that state a position for the purpose of a general community benefit, either city-wide or local,” from lobbying activities, “communications that seek to influence a decision for the direct benefit of an individual or the group they represent.”

The clerk’s office is also directed to develop options for a definition of a community association.

Also unsure of the best manner for the city to handle lobbyist activity disclosure, an additional demand was made of the clerk’s staff to “provide a high level overview of options for disclosure, including pros and cons of disclosure by Public Officials only, disclosure by lobbyists only, and dual disclosure.”

A response to the sub-committee is during sometime in the first quarter of 2012. The Governance Renew Sub-Committee is a sub-committee of the Finance and Economic Development standing committee.

Photo of Ottawa in January by SimonP on Wikipedia.

The Federal Election Commission (FEC) addressed two highly anticipated requests for advisory opinions yesterday.

In the first decision, the commissioners were unable to reach an agreement as to whether American Crossroads, an independent expenditure-only political committee, could produce and distribute television and radio advertisements with supported federal candidates involved in the creation of those messages. Although none of the four drafts of an advisory opinion were accepted by a majority of the six commissions, they released separate statements regarding the request. The statements can be found here:

• Commissioner Steven T. Walther;
• Vice Chair Caroline C. Hunter and Commissioners Donald F. McGahn and Matthew S. Petersen; and
• Chair Cynthia L. Bauerly and Commissioner Ellen L. Weintraub

In the second decision, the commission voted unanimously to deny the request of Senator Michael Lee’s Leadership PAC, Constitutional Conservatives Fund PAC. The commission concluded the PAC could not act as an independent expenditure committee, receiving contributions from corporations and unlimited contributions from individuals, because the PAC is controlled by a federal office holder, Senator Michael Lee.

They reached this conclusion even though separate accounts would be used, as recently allowed for independent expenditure committees by the FEC after the Carey v. FEC court decision and a Stipulated Order and Consent Judgment. They were also not persuaded by the fact the funds would only support candidates other than Senator Lee.

This blog post follows previous entries regarding these issues, including: American Crossroads Wants Candidate Participation in its Ads, FEC Will Not Be Enforcing Certain Laws, and One PAC Is Enough.

The Fair Lawn, New Jersey Borough Council passed an amendment to close a loophole in the borough’s pay-to-play ordinance.

The amendment, to receive a final vote in December, removes the “fair and open bidding process” exception to the pay-to-play rule. The exception allows vendors to make political contributions over $300 without being barred from borough contracts.

An additional modification to the ordinance would include limiting political donations to election cycles rather than calendar years.

Map of Bergen County, New Jersey by Arkyan on Wikipedia.

Lobbyists in Texas must update their filing software to the newest version in order to properly file reports.

Becky Levy, Director of the Disclosure Filings Division of the Texas Ethics Commission, issued a memorandum stating before filing lobby activities reports, the software used must be upgraded in order to have the latest enhancements to file properly. Lobbyist activity reports in Texas must be filed electronically unless qualifying for an exemption.

More information about the software, and how to download it, is located here.

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.