The Hawaii State Ethics Commission issued an ethics advisory in response to inquiries received regarding grassroots lobbying activity during the Legislature’s second special session. The Legislature convened on October 28 to discuss same-sex marriage, and many organizations involved in supporting or opposing the bill may be required to report activities to the commission under Hawaii lobbying law.

Grassroots lobbying activities such as preparing or distributing flyers and other mailers encouraging members of the public to contact their legislators in support of or in opposition to the bill; producing or paying for broadcast, print, or internet media announcements advocating for or against the issue; and organizing sign-waving or rallies to demonstrate support for or against same-sex marriage may all constitute reportable lobbying expenses under Hawaii law.

The Second Circuit Court of Appeals has reversed a District Court ruling, denying a preliminary injunction on campaign contributions to independent-expenditure PACs. The lawsuit was filed by New York Progress and Protection PAC, who alleged that a wealthy donor, Shaun McCutcheon, pledged to donate $200,000 to the PAC in support of Joseph J. Lhota, a NYC mayoral candidate. McCutcheon’s donation, however, would exceed the contribution limit of $150,000 to independent-expenditure committees set by New York law.

The Circuit Court granted the injunction, stating the contribution limits are “likely unconstitutional” and the claim has a substantial likelihood of success. The Court further noted the plaintiffs would face irreparable harm if the injunction was not granted.

The donor in question, Shaun McCutcheon, is also embroiled in a similar suit before the Supreme Court of the United States, challenging the federal limits to campaign contributions.

The State Bar of Michigan has requested a declaratory ruling from the Michigan Secretary of State regarding the current interpretation of the state’s Campaign Finance Act as it relates to judicial campaign contributions.

Under the current interpretation of the law, issue advocacy advertisements are not considered expenditures, and thus are not required to be reported. This allows the funding sources of the majority of judicial campaign advertisements to remain anonymous.

The State Bar of Michigan argues that such anonymous funding gives a perception of judicial bias in the state. The Secretary of State must issue a declaratory ruling within 60 days of receipt of the request. Stay tuned!

Delegates from the Republican party have selected State Representative Julian Garrett to run in the special election for Iowa Senate District 13, which takes place November 19.

The special election will fill the seat vacated earlier this month by Kent Sorenson.

The Democrats will select their candidate Monday. Regardless of the outcome of this special election, the Democrats will retain control of the Iowa Senate.

Initiative 522, which would require labeling on genetically modified foods in Washington state, has drawn negative attention from many of the nation’s largest and most recognizable food manufacturers, including Pepsi, Coca-Cola, and Nestle.

Pepsi is the biggest contributor to the effort to oppose the initiative, with its contributions accounting for $1.6 million of the $7.2 million total contributions collected to date.

Voters will decide the issue on November 5, with the election marking one of the most expensive initiative battles in the history of Washington state.

Honolulu Mayor Caldwell and his transitional team came under the review of the city Ethics Commission recently for potential violations of gift law. The Commission found no violations due to a lack of established ethical guidelines but placed restrictions on future donations for inaugural or transitional purposes.

Safeguards put in place to avoid pay-to-play concerns include mandatory public disclosure of all donations, including the amount of and use for each, prohibition against asking current or prospective city officers or employees to solicit or make contributions, and requiring each donor/contributor to confirm he or she is not a registered lobbyist and has no future business with the city in which the administration is likely to be involved.

The Commission further held donations used to support legitimate government purposes, such as the transition between administrations and the official inaugural ceremony, are gifts to the city.

The Lakewood, Colorado City Council voted to approve new campaign finance rules October 14. The new ordinance caps campaign donations at $2,500 per person for council candidates and $5,000 for mayoral candidates. Additionally, cash and in-kind donations will be treated the same; together they cannot exceed the limits.

Other amendments to the ordinance require LLCs making political donations of more than $100 to disclose their members.

The ordinance also addresses complaints against candidates. The deadline to file a complaint has been changed from 180 days after the alleged violation to 120 days after the violation.

Finally, the ordinance outlines the threshold or point at which a person interested in running for an elected position becomes a candidate. Declaring candidacy, receiving a donation, or making a campaign-related expenditure all trigger the change in status.

City Attorney Tim Cox confirmed the changes will have no effect on the current election and will not be implemented until April 2014.

Photo of the Lakewood Civic Center by Jeffrey Beall on Wikimedia Commons.

The D.C. City Council failed to overturn a mayoral veto of The Large Retailer Accountability Act, a bill requiring large retailers with corporate sales of $1 billion or more to pay their employees a “living wage” of $12.50 per hour.

Seven of the 13 city council members voted to support the override of the veto, which was two votes shy of the nine votes needed for the measure to pass.

A bill introduced October 10 by Rep. Robert Hagan proposes to amend sections 101.72, 101.73, and 101.75 of the Revised Code. H.B. 295 would require a legislative agent to report to the Joint Legislative Ethics Committee compensation paid to the agent by the agent’s employer. This would be an additional requirement, as the current sections of code require the reporting of expenditures only.

The bill was co-sponsored by Reps. Pillich and Foley.

Photo of the Ohio Statehouse by Wikimedia Creative Commons.

On Wednesday, October 9, a three-judge federal appeals panel heard a challenge to Hawaii’s campaign finance law, paying specific attention to the ban on political contributions by state and county contractors and the spending threshold for triggering disclosure requirements.

Although no rulings have been made, the judges did appear skeptical regarding the constitutionality of the contribution ban on contractors passed by the Legislature in 2005.

Steve Friday of the Capitol Square Review and Advisory Board announced Lobbyist IDs are not yet ready for pickup. Those who received an erroneous email indicating anything to the contrary should disregard it.

The board is waiting on supplies before the remainder of the ID cards can be processed. An email notification will be sent out when the IDs are ready.

A special runoff election for Alabama House District 74 will be held on November 19, 2013.

This election will determine the outcome of the race for this House seat because the two candidates remaining, Dimitri Polizos and Charlotte Meadows, are both Republicans.

There are no candidates from opposing parties contesting these two candidates, so there is no need for a special general election.

State Key Dates and Legislative Sessions for 2014 are now available on State and Federal Communications’ website.

The Key Dates represent registration and reporting dates for those involved in lobbying and election and reporting dates for campaign finance.

City Council passed an ordinance creating registration and reporting requirements for organizations involved in making independent expenditures. Organizations supporting or opposing any candidate for mayor, alderperson, or municipal judge are required to register with the city clerk upon accepting contributions made for, incurring obligations for, or making independent expenditures exceeding $25 in the aggregate during a calendar year. Such organizations are also required to file reports as required by Wisconsin Statutes.

The ordinance is meant to take the place of a provision no longer enforced by the Wisconsin Government Accountability Board (GAB) after it reached a settlement in a suit filed by two advocacy groups. As such, the ordinance is ripe for challenge on the same grounds as the original GAB rule was challenged.

Photo of the Madison skyline by Patrick43470 on Wikimedia Commons.