December 30, 2011 •
9th Circuit Strikes Down PAC Contribution Blackout Period
Upholds Donor Disclosure Requirements
The U.S. Court of Appeals for the 9th Circuit has invalidated a Washington state law that prevented individuals from making contributions of more than $5,000 to PACs supporting ballot measures during the three weeks prior to an election.
The blackout period on contributions was challenged in a lawsuit filed by Family PAC, a political action committee that was formed to oppose Washington’s domestic partnership law.
While Family PAC was successful on the merits in challenging the blackout period, it was unsuccessful in its challenge to laws requiring PACs to report the name and address of anyone who contributes more than $25, and the occupation and employer of those who make contributions in excess of $100.
December 28, 2011 •
Ohio Ethics Commission Chair Requests No Reappointment
Term of Ben Rose to Expire January 1, 2012
Ohio Ethics Commission Chair Ben Rose has asked Governor John Kasich not to reappoint him to the Commission in 2012.
Rose, who was first appointed to the Commission in 2006, has been elected Chair during each of his last three years.
In making his request, Rose cited desires to become involved in endeavors where a conflict of interest may have been previously raised due to his Commission membership and to spend more time with his family as reasons for his decision.
Rose, whose term expires January 1, 2012, has indicated a willingness to remain on the Commission for a reasonable period of time after the expiration of his appointment until a successor is appointed, if permitted.
December 27, 2011 •
Senator to Propose Lobbyist Registration Fee Increase
CAL-ACCESS to Benefit
California State Senator Leland Yee has formally announced plans to introduce legislation to raise the lobbyist registration fees upon commencement of the 2012 legislative session.
The money raised by the increased fees would be used to finance maintenance and upgrades to CAL-ACCESS, the state transparency database for lobbying and campaign finance filings. CAL-ACCESS has been down since the end of November.
December 19, 2011 •
Washington State Legislature Adjourns
The second special session of the Washington State Legislature has adjourned sine die.
The 17 day special session which convened on November 28, 2011 adjourned late on December 14, 2011.
December 19, 2011 •
Ohio Governor Signs Bill Combining Two Primaries
New boundaries for the state’s congressional districts
Governor John Kasich signed HB 369 on Thursday, December 15, 2011. The bill consolidated Ohio’s June 12, 2012 primary for the President and U.S. House of Representatives into the state’s March 6, 2012 primary.
The bill also established new boundaries for the state’s 16 congressional districts to settle a dispute over the previous boundaries established earlier this year.
December 15, 2011 •
Ohio Legislature Passes Bill to Consolidate Primary Elections
March 6, 2012 Date Selected as State’s Primary
The Ohio House and Senate have passed HB 369, a measure to consolidate the state’s two 2012 primaries into a single primary date, scheduled for March 6, 2012.
The state originally scheduled two primaries, a March 6, 2012 primary for county partisan offices, the state legislature, and the available U.S. Senate seat, and a June 12, 2012 primary for the President and U.S. House of Representatives, in order to give state lawmakers more time to settle differences concerning Ohio’s map for legislative redistricting.
The bill now moves to the desk of Governor John Kasich for his signature.
December 15, 2011 •
Federal Judge Strikes Down Ban on PAC-to-PAC Transfer
Alabama Democratic Conference Prevails
A federal judge ruled in favor of the Alabama Democratic Conference in their challenge of the state prohibition on PAC-to-PAC transfers of funds.
The Alabama Democratic Conference alleged that the law prohibited their PAC from getting money from other PACs to use for voter communication and voter turnout initiatives.
December 13, 2011 •
New Campaign Finance Penalties Approved By Ohio House
Measure Moves to Senate
The Ohio House of Representatives has approved House Bill 326, a bill setting criminal penalties for using taxpayer money for political activity. While it is currently illegal in the state to use taxpayer funds for campaign finance purposes, there is no penalty associated with such an action.
The bill calls for a $1,000 penalty and up to six months in jail for violators. The measure now proceeds to the Ohio Senate.
December 12, 2011 •
FPPC Passes New Gift Regulations
Regulations take effect January 1, 2012
The California Fair Political Practices Commission has approved changes to the gift regulations which will take effect on January 1, 2012.
Changes to the regulations include the ability for public officials to accept gifts from lobbyists without disclosure if a dating relationship exists.
Additionally, officials will be able to accept tickets to sporting events if the officials are attending the event to perform a ceremonial duty.
In such circumstances, the gifts are to be reported by the agency and not the official.
December 8, 2011 •
Palm Beach County Commission on Ethics Issues Gifts Reminder for Holidays
Affects All County and Municipal Employees in the County
The Palm Beach County Commission on Ethics has issued a reminder concerning holiday gifts to county and municipal officials and employees. The Commission noted that holiday gifts given by lobbyists and vendors are still impermissible if the gift exceeds the aggregate $100 per calendar year limit or the gift is given to influence or reward the employee.
The Commission issued the reminder to employees and officers of the county and the 38 municipalities within the county after several requests for advisory opinions were received concerning the subject-matter.
After hearing an explanation of the rules, Ethics Commission Chairman Edward Rodgers questioned whether the rules went a bit far, asking “Are we not serving as a grinch for Christmas?”
Aerial photo of Palm Beach, Florida by Michael Kagdis on Wikipedia.
December 8, 2011 •
Rahm Emanuel Creates Ethics Reform Task Force
City Ethics Ordinance to be Redrafted
CHICAGO, ILLINOIS: Chicago Mayor Rahm Emanuel has announced the creation of an ethics reform task force charged with overhauling and strengthening the city’s ethics ordinance.
The task force will be given four months to rewrite the city’s ethics ordinance.
December 8, 2011 •
Clark County Passes Lobbying Policy
Revolving Door Addressed
CLARK COUNTY, NEVADA: The Clark County commissioners passed a new lobbying policy on December 6, 2011.
The policy permits county commissioners who are public employees to return to their public jobs immediately after serving in an elected position.
The ethics amendment also prohibits commissioners from working as paid consultants or lobbyists on any issue coming before a public body in Clark County.
December 6, 2011 •
Los Angeles City Council Responds to Citizens United
Vote on Proposed Resolution Scheduled for Today
The Los Angeles City Council will vote today on a proposed resolution which calls on the U.S. Congress to pass a constitutional amendment declaring only living persons, not corporations, have constitutional rights and money is not the same as free speech.
The resolution, proposed in response to the U.S. Supreme Court’s Citizens United decision, further declares the Citizens United decision supersedes state and local efforts to regulate corporate political activity.
If the resolution passes, Los Angeles will join other municipalities such as Missoula, Montana and Boulder, Colorado which have passed similar resolutions.
Seal of the City of Los Angeles by Mysid on Wikipedia.
November 28, 2011 •
New Campaign Finance Rules Proposed in Colorado
Secretary of State Seeks Better Organization, Clarity with Proposed Changes
Secretary of State Scott Gessler has issued a notice of proposed rulemaking in regards to the Colorado Secretary of State Rules Concerning Campaign and Political Finance, 8 CCR 1505-6. Gessler has proposed a recodification of the rules in their entirety in an effort to improve organization and readability, clarify existing laws and regulations, and address questions arising under Colorado campaign and political finance laws.
Among the more notable changes, the proposed rules would limit fines for late or incomplete campaign finance reports to no more than $50 a day for 180 days, maximized to $9,000. The rules would also continue to utilize the $5,000 threshold at which issue committees would need to register and report, created by Gessler’s adoption of Campaign and Political Finance Rule 4.27, despite a recent state district court ruling that Gessler did not have the authority to increase the threshold from the constitutionally-mandated figure of $200 despite a finding of the threshold to be too burdensome in the recent Colorado case of Sampson v. Buescher.
A hearing regarding these proposed changes is scheduled for December 15, 2011 from 9:00 a.m. to 12:00 p.m. in the Blue Spruce Conference Room on the second floor of the Secretary of State’s Office.
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