The American Bar Association (ABA) has adopted a resolution urging the United States Congress to amend the Federal Lobbying Disclosure Act (LDA).

Recommendations made in “Resolution 104B Revised” by the ABA House of Delegates include narrowing the current time threshold required for registration and barring campaign fundraising for members of Congress lobbied within the previous two years.

Additional resolutions includes the following information be disclosed in a lobbyist’s quarterly reports: disclosure of lobbying support activities performed by retained entities; reporting of the identification of individuals “principally involved in planning, directing, or coordinating lobbying support activities”; identification of individuals with any level of involvement in the lobbying activities who have recently served as high-ranking federal officials; and all congressional offices, congressional committees, and federal agencies and offices contacted by lobbyists employed.

A Federal Court has ruled aliens who are in the United States on temporary work visas may not make political contributions to federal candidates or political parties.

In Bluman v FEC, the court upheld 2 U.S.C §441(e)(a), which prohibits contributions from individuals living in the U.S. but not admitted for permanent residency. The federal statute was challenged by two foreign citizens living in the United States who want to make direct contributions to candidates and political parties.

In upholding the law, the court wrote in its decision, “It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self-government.”

In response to this week’s legislation raising the federal debt limit ceiling and creating a new Joint Select Committee on Deficit Reduction, U.S. Senator David Vitter announced he is introducing a bill requiring 48-hour disclosure of campaign contributions over $1,000 to any appointed member of the committee or their leadership PACs.

“We need to see full transparency and accountability because these committee members will be making huge decisions with a lot on the line,” Senator Vitter said.

The 48-hour rule would continue until the committee expires on January 21, 2012.

The full press release can be found here.

The Frederick County Board of Commissioners voted to have a public hearing for a new ethics ordinance which, among other things, would no longer require lobbyists to disclose their annual income.

Based on one of the state’s recommended models for local ethics laws for counties and cities, the ordinance drew concerns by commissioners that the requirements for lobbyists could be weaker than those currently in place. As an example, Frederick County’s requirements for registration and reporting for grassroots lobbying are not included in the proposed ordinance, which would supersede the current law.

The public hearing has been scheduled for September 6.

U.S. Representative Anna G. Eshoo has sent a letter to President Obama in support of a proposed executive order requiring federal contractors to disclose their political expenditures. The letter was signed by more than sixty members of the House.

In part the letter reads, “[D]isclosure will not politicize the procurement process–it will improve it. Political expenditures are already well-known to those that make them and to the officials who benefit. With disclosure, the public will have access to this information as well, allowing them to judge whether contracts were awarded based on merit.”

The proposed executive order has received both support and opposition since its leak in the spring, and even sparked a house committee hearing in May.

For previous articles on Lobby Comply by George Ticoras on this topic, you can read posts from June 1, May 20, May 12, and May 10.

Attorneys for the Indiana Election Division have opined that a proposed local ban on political contributions from city contractors violates state law.

The proposed Fort Wayne, Indiana ordinance prohibits companies, including subcontractors and family members, from doing business with the city if political donations were made to candidates or officials during the previous year. If a violation were not remedied by having the contributions returned, the company would be banned for three years from contracting with the city.

As quoted by The Journal Gazette, the authors of the opinion, Dale Simmons and Leslie Barnes, co-counsels at the Indiana Election Division, write “We believe the proposed ordinance unlawfully attempts to exercise the ‘power to conduct elections,’ which is a power expressly withheld from municipalities by the General Assembly. If this were not so, it would be easy to anticipate the confusion wrought in the administration of elections by numerous and conflicting local campaign finance regulations.”

Utah Governor Gary Herbert has called a special session of the State Legislature for July 20. It is expected to last only one day.

“The items on the call are generally minor housekeeping items, some of which are time-sensitive,” the Governor is quoted as saying in his press release.

Photo of Governor Gary Herbert courtesy of Gw.hajduk on Wikipedia.

New ethics regulations have been introduced by the Laurel, Maryland City Council, including provisions related to lobbyists.

Observing Maryland’s state ethics regulations for municipalities, the introduced ordinance requires lobbyists to file reports twice a year for each entity they represent. Lobbyists failing to file timely reports could be assessed a late fee of $10 per day up to a maximum of $250. Further enforcement of violations by lobbyists could include additional fines up to $5,000 per offense and suspension of lobbyist registration.

The bill also includes financial reporting requirements for public officials, hiring practices regulations, and rules regarding conflicts of interest.

Map of Maryland by Arkyan on Wikipedia.

An advisory opinion request seeking to lift the requirement of the 24- and 48-hour reporting of independent expenditures for bulk e-mailing during the 2012 presidential primaries has been filed with the Federal Election Commission.

Western Representation PAC (WRPAC), which has 140,000 e-mail addresses, and estimates it will have 500,000 by the end of the year, intends to send the entire list an indeterminate number of e-mail messages during the more than 24 president primaries in 2012. The frequency of messages would range “from as few as four a month to as many as thirty, depending on the unpredictable political developments of the day and the fluctuating urgencies of the primary season.”

Because WRPAC will be paying a fixed monthly price for the e-mail service, and because the number of e-mails is unpredictable, WRPAC is asking the FEC to grant an exemption from the 24- and 48-hour reporting requirement, stressing the difficulty in determining what share of the fixed monthly price would apply in order to determine whether a reporting requirement would be triggered across the various different primary dates. WRPAC’s request includes several scenarios to illustrate the burdens on WRPAC’s planned independent expenditures, arguing “that they rise to the level of an infringement on WRPAC’s First Amendment rights.”

You can find the press release here.

The Internal Revenue Service will not pursue its proposed check on the applicability of gift tax contributions to 501(c)(4) organizations. Acknowledging it has limited history or guidance on this issue, the IRS announced it “will not use resources to pursue examinations on this issue. Any future action we take will be prospective and after notice to the public.”

In recent years, 501(c)(4) organizations, which allow for limited disclosure requirements, have taken a more prominent role in the campaign finance landscape.

Louisiana Governor Bobby Jindal signed House Bill 509 into law, changing the date of the state’s presidential primary. The primary moves to March on the first Saturday which follows the first Tuesday. Previously, the presidential primaries were held in February.

The change in law becomes effective immediately.

The Federal Election Commission issued two advisory opinions today, including one allowing federal candidates to solicit contributions for independent expenditure-only political committees (IEOPC) up to $5,000.

In AO 2011-12 revised draft A, which was approved unanimously by the six commissioners, the FEC held solicitations by federal candidates are restricted to the applicable “limitations, prohibitions, and reporting requirements” of 2 U.S.C. §441i(e)(1)(a). While an IEOPC may accept unlimited contributions, the commission held the law still restricts the contribution amount a federal candidate may solicit. Therefore, although federal officeholders and candidates, and officers of national party committees cannot solicit unlimited contributions for an IEOPC, they may still make solicitations within the monetary strictures of the amended Federal Election Campaign Act of 1971.

The advisory opinion also concluded federal officeholders and candidates, and national party officers, may attend, speak at, and be featured guests at fundraisers held by an IEOPC, even when unlimited contributions are simultaneously being solicited from corporations, individuals, and labor organizations. The federal candidate would have to restrict their personal solicitation at the event to the amounts limited by the law.

A second advisory opinion was also issued granting Viacom a press exemption from reporting expenses as contributions, with some exceptions, for its employee Stephen Colbert’s new political action committee, which Mr. Colbert intends to use a vehicle for commentary on the current state of campaign finance.

Providence, Rhode Island will not have its online portal set up for lobbyist registrations by July 1, the date the new city local lobbying ordinance takes effect. However, the City Clerk will accept e-mail registrations containing the name, address, telephone number, e-mail address, and lobbyist’s employer’s identification.

No registration fee will be due or accepted until the online portal becomes available. After the online portal becomes available, the City Clerk will contact individuals to complete the registration process.

The registration information can be e-mailed to astetson@providenceri.com.

A special session of the Alaska legislature has been called in Juneau to address the state’s Alaska Coastal Management Program, which expires on June 30.

The session is expected to finish this week.