Governor Robert Bentley has set the special election schedule for the seat in Senate District 35:

• The special election primary will be held on January 29, 2013, or if no primary is needed, the special general election will be held that date;
• If a primary is held and a runoff is needed, it will be held March 12, 2013. If a primary is held and no runoff is needed, the special general election will be held March 12; and
• If a runoff is needed, the special general election will be held April 23, 2013.

The seat was held by Ben Brooks, who resigned upon being elected to circuit judge.

The governor has set the special election timeline to fill the House District 11 seat, vacated by Jeremy Oden upon accepting an appointment to the state public service commission:

• The special primary election will be held February 12, 2013, if needed, otherwise the special general election will be held on that date;
• The runoff following the primary, if needed, or the special general election if no runoff is needed following a primary, will be held March 26, 2013; and
• The special general election will be held on May 7, 2013 if both a primary and runoff are required.

Akron City Council has increased the city’s campaign contribution limits, to take effect for the council elections in 2013.

The limit for mayoral and at-large candidates will increase to $650 from $450, and the limits for ward council candidates will increase to $400 from the current $200 limit.

The limits were previously raised in February 2011.

Governor Phil Bryant has scheduled the special election for Mississippi House District 59 for January 8, 2013.

The seat was vacated on November 19 by Representative Kevin McGee, who resigned after paying a $10,000 fine to resolve an ethics case involving public contracts that went to his family’s printing company.

Outgoing senate president Tom Niehaus has introduced a bill to overhaul the state’s ethics law. Senate Bill 391, if passed, will:

• Increase the lobbyist registration fee to $35 (will take effect 12/1/14 if passed);
• Change the registration period for executive and retirement system lobbyists to two years, expiring on December 31 of even-numbered years (will take effect 12/1/14 if passed);
• Codify the percentage of time a lobbyist must spend on lobbying before being required to register;
• Increase the itemizing threshold for lobbyist expenditure reporting to $100;
• Exclude maintenance of office facilities and compensation paid to legislative agents from the definition of expenditure; and
• Increase the limit on gifts to public officials to $250, aggregated per calendar year.

The bill also provides additional requirements for financial disclosures from public officials.

The Tallahassee city commission has approved the volunteers appointed to the newly-created ethics advisory panel.

The panel will spend six months reviewing the city’s policies on ethics, financial disclosure, and transparency to determine whether to keep the current policies or adopt new ones.

The meetings will be publicly noticed, and the panel has already invited several outside experts to give feedback.

The clerk of the legislature’s office is implementing voluntary electronic filing for lobbyist registration and reporting for the 2013 legislative session.

Paper filings will be accepted through 2014, and mandatory electronic filing will be implemented January 1, 2015.

Governor Steve Beshear has set December 18, 2012 as the date of a special election to fill the 16th district senate seat.

The seat was held by senate president David Williams, who resigned upon his appointment to circuit judge.

The timing of the election will allow the seat to be filled before the start of the 2013 legislative session.

Voters overwhelmingly approved Amendment 65, a ballot measure that instructs the Colorado congressional delegation to propose, and the state legislature to ratify, an amendment to the U.S. Constitution to overturn Citizens United.

While the results are heralded by watchdog groups like Colorado Common Cause as a clear sign that Colorado voters want action on the issue of corporate political spending, the measure has no legal significance as it cannot force the state’s congressional delegation or legislature to take any action.

A runoff election will be held for Mississippi House District 52 on November 27, 2012.

The top two candidates in the special election held November 6 are Bill Kinkade and Jeremy Bryan.

They are vying for the seat vacated by Representative Tommy Woods, who resigned on the advice of his doctors after suffering a mild stroke after the last election.

An Idaho judge ordered Education Voters of Idaho (EVI), a 501(c)(4) nonprofit, to disclose the names of its contributors.

EVI contributed more than $200,000 to Parents for Education Reform, which spent the funds on television commercials in support of three school reform ballot measures, but claimed that as a 501(c)(4), it was exempt from state disclosure requirements. The judge disagreed, ruling that the disclosure requirements applied to all individuals, corporations, associations, and entities of any kind.

EVI filed its disclosure statement on October 31st, as ordered by the court, and is contemplating an appeal of the order.

Orange County Mayor Teresa Jacobs is calling for measures to monitor and prevent lobbyists from texting county commissioners during meetings. The county commission voted in September to delay putting a measure requiring employers to provide employees with sick time on the ballot. Three of the four commissioners who voted to delay the measure acknowledged that they were texting with lobbyists opposed to the measure during the meeting, and later deleted a number of those texts.

Mayor Jacobs released a memo stating that she ordered a system to be set up to archive text messages from county phones. She is also calling for the county to study how other governments address electronic lobbying during meetings, in consideration of a potential ban on such discussions.

Advocates for the proposed sick time ballot initiative have filed suit claiming that the county commissioners violated state public record and open meetings laws, and asking the court to set aside the vote on the measure.

A federal judge has issued an order to the state supreme court seeking clarification of the state’s campaign finance laws. The order arises from a suit filed against the secretary of state by the Coalition for Secular Government (CSG), alleging that certain provisions of the Fair Campaign Practices Act are invalid under the First Amendment. CSG plans to raise funds that will go toward updating and disseminating a policy paper that may address ballot issues, activities that may require it to register as an issue committee and disclose its donors under Colorado law.

The judge requested the Colorado Supreme Court to clarify:

• Whether the position paper expressly advocates for a ballot issue or question such that it falls within the definition of expenditure in the Colorado Constitution;

• If it does qualify as a ballot issue expenditure, is it eligible for the exemptions allowed for news items, editorials, and other similar writings;

• Whether the policy paper is a “written or broadcast communication” that would categorize CSG as an issue committee, and if not, did it become one when CSG posted the paper to its blog or Facebook page; and

• What the monetary threshold is that would require an issue committee to register.

With the November elections on the horizon, a number of lawsuits have been filed by potential campaign contributors seeking to determine the constitutionality of their states’ campaign finance laws. The following states have seen campaign finance laws invalidated in August.

In Nebraska, the state supreme court held the Campaign Finance Limitation Act (CFLA) unconstitutional. The CFLA allowed candidates participating in the public financing program to receive additional public funds if their privately-funded opponents exceeded certain spending limits. The court also struck down the CFLA’s aggregate contribution limits and rules governing acceptance of contributions from independent groups after the court determined the public financing portion of the CFLA was not severable from the rest of the law.

The Sixth Circuit Court of Appeals ruled Ohio’s ban on political contributions to candidates for state attorney general or county prosecutor from doctors who treat Medicaid patients unconstitutional. The provision was designed to prevent fraud by banning contributions to those officials who prosecute Medicaid fraud, but the court held the prohibition a violation of doctors’ free speech rights.

In Florida, a federal judge issued a temporary injunction blocking enforcement of Florida’s $100 per election contribution limit for persons 17 and under, holding the law an unconstitutional infringement on free speech rights. Florida allows persons aged 18 and over to contribute $500 per election.

A federal judge in West Virginia granted a preliminary injunction to prevent enforcement of West Virginia’s $1,000-per-election limit on contributions to independent expenditure PACs, on the grounds that the limit chills First Amendment free speech rights. The injunction will remain in place pending a final resolution of the case.

Finally, in Colorado, a federal judge invalidated several campaign finance rule changes made by the secretary of state. The rules struck down include one providing that organizations are only subject to reporting requirements if more than 30 percent of their spending was for or against a ballot issue, and one limiting penalties for certain campaign finance violations. The secretary of state’s rule defining electioneering communications was upheld. Two additional rules await a decision.