Governor Bob McDonnell has set a special election for December 18, 2012 to fill the 89th District House of Delegates seat.

The seat was held by Delegate Kenneth Alexander, who ran unopposed for the state senate seat previously held by the late Senator Yvonne Miller.

The secretary of state has issued amended rules regarding lobbyist registration.

The substantive changes include:

• Elimination of the requirement that the secretary of state provide notice and an opportunity to respond to lobbyists under investigation for violations of Colorado’s sunshine law;
• Providing that the secretary of state may admonish a lobbyist for failure to pay penalties within 45 days of assessment, as opposed to the previous rule of 90 days;
• Providing that the secretary of state will send a penalty to collections if a lobbyist or lobbyist firm fails to pay the penalty within 90 days;
• Amending the requirement that pertains to reporting of gifts to clarify that lobbyists are prohibited from giving gifts of any kind to covered officials; and
• Establishing definitions of rate and standard as those terms pertain to state agencies with rulemaking authority.

These rules will take effect 20 days after publication in the Colorado Register.

A judge has set October 2, 2012 as the date for a runoff election for a state House primary race.

Two recounts were conducted in the democratic primary for the 5th assembly district between Brandon McGee and Leo Canty.

The second recount resulted in a tie between the two candidates.

The Palm Beach County School Board is in the process of developing a lobbyist registration policy.

Registration will likely be separate from the county’s lobbyist registration.

There is not yet a firm date by which the policy will be implemented, as the details are still being worked out by the school board.

The West Virginia Supreme Court has struck down the state’s public campaign financing pilot program.

The program, similar to other programs invalidated in Arizona and Nebraska, provided additional public financing to candidates whose privately-financed opponents made expenditures beyond a certain amount.

The court held that West Virginia’s program violated privately-financed candidates’ free speech rights by essentially preventing them from making expenditures in order to avoid their opponents’ receipt of additional funds.

The Board of County Commissioners passed an amendment to the county’s lobbying ordinance on September 6, 2012. Expenditure reports are no longer required if a lobbyist had no expenditures during the reporting period.

The ordinance previously required expenditure reports to be filed even if no lobbying expenditures were made.

The ordinance will become effective 10 days from the date of enactment.

The Colorado Court of Appeals affirmed a lower court’s decision that Secretary of State Scott Gessler overstepped his authority when he changed the financial disclosure threshold for issue committees to $5,000.

The previous threshold, established by constitutional amendment, required issue committees to register with the secretary of state and file financial disclosures if they accepted contributions or made expenditures of more than $200.

Secretary Gessler argued that the rule change was needed to clarify uncertainty in the law created by a federal appeals court ruling, but the court ruled that the change exceeded his rulemaking authority and voided the rule.

Governor Robert Bentley has called a special election to fill the seat for House District 34, currently held by Representative Elwyn Thomas. Representative Thomas was appointed to be executive director of the Alabama Manufactured Housing Commission, and will hold the seat until August 31.

The primary for the seat will by October 23, with a general special election scheduled for December 11 if no runoff is needed. If a runoff election is needed, it will be held December 11, with the general special election to be held January 29, 2013.

A federal judge has invalidated several campaign finance rule changes made by Secretary of State Scott Gessler. 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 that limited penalties for certain campaign finance violations.

The secretary of state’s rule defining electioneering communications was upheld, and two additional rules await a decision.

Governor Robert Bentley has set the special election timeline for the House District 30 seat. The seat was vacated by Representative Blaine Galliher, who resigned to become the governor’s legislative director.

The primary will be held October 23, 2012, and the special general election held December 11, 2012 if no runoff is needed. If a runoff election is required, it will be held December 11, 2012, and the special general election held January 29, 2013.

The governor said in a statement that the timeline will allow the new lawmaker to be in place for the legislative session beginning February 5, 2013.

The Sixth Circuit Court of Appeals has ruled that Ohio’s ban on political contributions from doctors who treat Medicaid patients to candidates for state attorney general or county prosecutor is unconstitutional.

The provision was designed to prevent fraud by banning contributions to those officials who prosecute Medicaid fraud, but the court held that the prohibition was a violation of doctors’ free speech rights.

The secretary of state’s office announced it was reviewing the decision and had no further comment on the case.

The state supreme court has held Nebraska’s 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 Nebraska Accountability and Disclosure Commission issued a statement in August 2011 that it would not enforce the CFLA for the 2012 elections after the U.S. Supreme Court invalidated a similar Arizona law. Nebraska Attorney General Jon Bruning then filed an action asking the state supreme court to rule on the CFLA’s constitutionality.

The supreme court also determined that the public financing portion of the CFLA was not severable from the other provisions of the law, including those providing for aggregate contribution limits and rules governing acceptance of contributions from independent groups, and declared the entire law unconstitutional.

Hollywood’s new lobbyist ordinance takes effect August 1, 2012. Lobbyist registrations now expire yearly, and will be effective from August 1 to July 31 of the following year. All current lobbyist registrations will expire July 31, 2012, and a new registration statement must be filed.

There will also be an annual registration fee of $50 for each principal or client identified on the registration statement, except for those principals or clients that do not compensate the lobbyist for lobbying. Lobbyists who do not receive compensation are now required to register.

The city clerk will also offer electronic filing of lobbyist registrations beginning August 1.

Attorney General William Sorrell has issued a statement that his office will not enforce the $2,000 contribution limit on PACs that only make independent expenditures. The statement comes after a request for clarification from Secretary of State Jim Condos regarding the federal court decision in Vermont Right to Life Committee (VRLC) v. Sorrell.

While the opinion in VRLC v. Sorrell upheld the contribution limit as applied to VRLC’s independent expenditure committee, the ruling was based on the lack of safeguards to ensure that unlimited contributions to VRLC’s independent expenditure committee did not flow into VRLC’s candidate contribution funds.

Attorney General Sorrell stressed that if investigation reveals a PAC’s activities are not conducted entirely independently of candidates, as in VRLC v. Sorrell, it will continue to be subject to the contribution limits.

Photo of Attorney General William Sorrell by Overton2002 on Wikipedia.