November 28, 2011 •
Connecticut Governor Sets Special Election Date
House District 24 Seat to be Filled January 10, 2012
Governor Dannel P. Malloy has issued a writ of special election setting January 10, 2012 as the date to fill the vacant seat in Connecticut’s 24th house district.
The seat became vacant after former state representative Timothy O’Brien left the position November 15, 2011. O’Brien, who had represented the district since 2003, resigned his seat after he was elected to the position of mayor in the city of New Britain, Connecticut during the 2011 general election held on November 8.
November 23, 2011 •
Nebraska Special Session Adjourns
Legislature in Special Session Since November 1
The special session of the Nebraska Legislature adjourned sine die on November 22, 2011.
The session, which began November 1, 2011, concerned the Keystone XL crude-oil pipeline project’s intended route through the state. The special session was called by Governor Dave Heinemen to focus on proposed bills intended to reroute the pipeline around a region of the state rich in groundwater. As a result of the session, two measures in relation to the pipeline were passed.
For more information about the measures passed and the special session, you can read the Legislature’s official news release, “Two pipeline measures approved; Legislature adjourns” on the Unicameral Update page.
Photo of the Nebraska Legislative Chamber by ensignbeedrill on Wikipedia.
November 22, 2011 •
Alabama Releases 2012 Campaign Finance Filing Calendar
Contains Increased PAC Filing Requirements
The Alabama Secretary of State’s office has released the 2012 campaign finance filing calendar.
The calendar incorporates the changes enacted by the Alabama Legislature as public acts 2011-687 and 2011-697 including increased frequency of reporting required by political action committees.
November 21, 2011 •
State Court Rules Against Colorado Secretary of State
Appeal of Ruling is Planned
The Denver District Court has ruled Colorado Secretary of State Scott Gessler did not have the authority to raise contribution thresholds concerning when state issue committees have to register and report their activity.
At issue was Gessler’s adoption of Campaign and Political Finance Rule 4.27, which increased from $200 to $5,000 the threshold at which an issue committee must register and report. The $200 threshold, set by the Colorado Constitution, was found to be too burdensome in the recent Colorado case of Sampson v. Buescher.
The court determined that, despite the conflict, Gessler’s alteration of the constitutionally mandated $200 threshold was an impermissible unilateral alteration of the Colorado Constitution. Gessler plans to appeal the ruling.
November 15, 2011 •
Kentucky Governor Sets Special Election Date
82nd House District Seat Up for Grabs
Governor Steve Beshear has called for a special election on Tuesday, December 20, 2011 to fill the vacant 82nd House District seat.
The seat became vacant after former state Rep. Dewayne Bunch resigned his position last month as a result of head injuries he obtained while breaking up a fight at Whitley County High School. Bunch, who taught at the school, was left in “extremely critical” condition following the April 12, 2011 altercation.
Regina Bunch, wife to the former representative, has been named by the local Republican Party to be the party’s nominee. Local Democrat officials have stated they currently have no plans to pick a nominee to oppose Bunch.
November 14, 2011 •
West Virginia Legislature Convenes Special Session
Election Results Certified
The West Virginia Legislature convened for a special session on November 13, 2011 to certify election results.
The house has adjourned sine die.
The senate will reconvene at 6 p.m. on November 14, 2011.
Photo of the West Virginia State House by Analogue Kid on Wikipedia.
November 8, 2011 •
Mississippi Campaign Finance Suit Heard in Federal Court
No Immediate Ruling Concerning Registration and Reporting Provisions
A federal lawsuit concerning a Mississippi campaign finance law requiring registration and reporting upon spending at least $200 to support or oppose ballot initiatives was heard last week in U.S. District Court.
The case stems from the desire of five Lafayette County, Mississippi residents who would like to spend $1,000 to publicly support their views in favor of Mississippi Initiative 31, which limits the government’s use of eminent domain to take private land. The residents argued their First Amendment freedom of speech and association rights have been violated as a result of the campaign finance provisions and seek to have the law declared unconstitutional and unenforceable.
The case was heard by U.S. District Judge Sharion Aycock, but she did not immediately issue a ruling.
November 7, 2011 •
FPPC Issues Notice of Proposed Guidelines
Committee Designation to be Addressed
The Fair Political Practices Commission has issued notice of proposed amendments to the California Code of Regulations to be considered at a public hearing on December 8, 2011. The proposed regulations codify commission guidance instructing filers to treat an in-kind contribution of the services of salaried personnel to a committee and the expenditure by the person making the salary payment as a contribution made on the payroll date of the salaried personnel.
The commission will also consider regulations which differentiate a contribution from a donation. Under the proposed regulation, a contribution is a payment made for a political purpose and includes payments to a multi-purpose organization. By contrast, a payment to a multi-purpose organization that is not made or used for a political purpose is to be treated as a donation and not a contribution for the purposes of identifying reportable contributions.
Lastly, the commission will consider amendments to the provisions pertaining to primarily formed and general purpose committees to assist filers in determining which label fits the purpose and structure of their committee.
The regulations define a general purpose committee as an ongoing committee which supports multiple candidates and measures in successive elections. General purpose committees include associations, political action committees, political party committees, major donors, as well as entities and individuals making independent expenditures.
The regulation proposes a standard for determining whether a committee is a state, county, or city general purpose committee. A committee will be considered a city or county committee if more than 70 percent of their activity is at the city or county level. Classification as a state committee will be the default.
Pursuant to the proposed regulation, a primarily formed committee is a committee formed or existing to support a single candidate or measure in a specific election. A committee will be considered primarily formed if more than 70 percent of the committee’s contributions and expenditures are for specific candidates or measures during the 24 months preceding the date where the candidate or measure is on the ballot.
Image of the Seal of California by Zscout370 on Wikipedia.
November 3, 2011 •
Canada to Consider Campaign Finance Restrictions
Loan Prohibition Proposed
Tim Uppal, Canada’s Minister of State for Democratic Reform has proposed a law which would limit loans available to candidates and political parties.
Under the proposed legislation, loans, loan guarantees, and contributions from individuals would be prohibited from exceeding $1,100 in the aggregate per calendar year. Presently, loans are not treated as part of the annual aggregate limit.
The proposal would also ban loans by unions as well as corporations when the loans are not made in the regular course of business by a financial institution.
November 2, 2011 •
New Rules Affecting Lobbyists Considered in Palm Beach County
Countywide Lobbyist Registration and Rules Sought
Persons lobbying within any of Palm Beach County’s 38 cities and towns may soon have to register as lobbyists as part of a proposed countywide lobbyist registry and standardized set of rules.
If approved, the new rules would apply to all persons lobbying municipal personnel. Some concerns have been raised as to the definition of lobbyists and the potential inclusion in that definition of unpaid lobbyists.
If approved, a $25 registration fee per principal represented would be instituted and expenditures exceeding $25 in specified categories would be required to be reported.
November 1, 2011 •
Riverside County Enacts Mandatory Electronic Filing Ordinance
Candidates, Candidate Controlled Committees, and Independent Committees Affected
The Riverside County Board of Supervisors has approved ordinance number 913 which makes electronic campaign finance disclosure mandatory for candidates, candidate controlled committees, and independent committees which receive contributions or make expenditures of $5,000 or more.
Once the electronic reporting threshold has been met, all subsequent reports must be filed electronically.
The ordinance will take effect on November 28, 2011.
October 26, 2011 •
Nebraska Governor Calls Special Session
Special Session to Focus on Oil Pipeline to Run through State
Governor Dave Heinemen has called for a special session of the Nebraska Legislature to focus on proposed bills intended to reroute the Keystone XL crude-oil pipeline around a region of the state rich in groundwater. The session is scheduled to begin November 1, 2011, and is expected to last at least two weeks.
The call for a special session comes after weeks of debate as to whether such a session was necessary, as well as whether passing legislation pertaining to the pipeline would be constitutional and legal at this point in the process of planning the project.
For more information, you can read “Gov. calls for pipeline session” by Paul Hammel in the Omaha World-Herald.
Photo of the Nebraska Legislature Chamber by ensignbeedrill on Wikipedia.
October 25, 2011 •
Ohio Bill Signed to Create Multiple Primary Dates
Bill Deemed Necessary Due to Redistricting Issues
Governor John Kasich signed House Bill 318 into law the evening of Friday, October 21, 2011. House Bill 318 creates two separate primary elections in the state during 2012. The first primary election, for county partisan offices, the state legislature, and the available U.S. Senate seat, will be held on March 6, 2012, while the second primary date, for the President and U.S. House of Representatives, will be June 12, 2012.
The bill is intended to give state lawmakers more time to settle differences concerning Ohio’s recently passed map for legislative redistricting, as a Democrat-backed coalition seeks to place the redistricting measure before Ohio’s voters for a possible repeal in 2012 if a compromise cannot be reached.
October 24, 2011 •
San Francisco Ethics Commission Passes Campaign Finance Reform
Third Party Disclaimer, Disclosure, and Reporting to be Required
The San Francisco Ethics Commission has approved amendments to the campaign finance reform ordinance. The language of the amendments is forthcoming and will be approved by the commission at the November 14, 2011 meeting.
Amendments that were proposed and approved at the October 19, 2011 commission meeting include disclaimer, disclosure, and reporting requirements for communications that are paid for by third parties concerning candidates for city elective office, an affirmation of the $500 per person contribution limit to candidates, and permission for campaign funds to be used by a candidate to attend a fundraiser for a charitable organization. The commission also approved a provision which will allow the commission to modify the $500 limit to reflect the consumer price index for future elections.
The commission further clarified that a candidate may transfer funds from the candidate’s committee only before the funds become surplus.
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