A federal lawsuit has been filed claiming a burden upon First Amendment free speech rights due to a state of Mississippi requirement that people or groups must file a campaign finance report upon spending at least $200 to support or oppose ballot initiatives.

The group of five citizens filing the suit claims the reporting requirement could scare people away from political participation. The group supports Mississippi Initiative 31, which limits the government’s use of eminent domain to take private land.

The citizens are represented by the Institute for Justice, a group that has also filed similar lawsuits concerning disclosure requirements in Colorado and Florida in recent years.

The San Jose City Council voted unanimously on Tuesday, October 18 to change the city’s campaign finance laws. Changes approved include the elimination of the city’s blackout periods which prohibit campaign contributions within 17 days of a regular election and within seven days of a special election.

Per the new law, the voluntary candidate campaign expenditure limits will increase from $1.00 per resident per election to $1.25. The rate for mayoral elections will remain the same at $0.75 per resident per election.

Further changes implemented by the new law eliminate an increase in the voluntary expenditure cap triggered by the fundraising efforts of other candidates and independent committees who do not choose to accept the limit.

Franklin County Circuit Court Judge Thomas Wingate issued a restraining order against an independent political group running political ads against Kentucky Governor Steve Beshear on Monday, October 17. The order prohibits the attack ads paid for by the group Restoring America from running on television and radio stations.

In his order, Judge Wingate called the ads “an illegal attempt” to influence the outcome of Kentucky’s 2011 gubernatorial election due to a failure by Restoring America to properly report the source of contributions funding the ads as required under Kentucky law. Restoring America had reported a solitary contribution from Restoring America, Inc. of more than $1.3 million to run the ads, but the judge ruled the use of the additional entity was simply masking the identities of individual donors.

Judge Wingate’s order, thought to be the first such order to halt political advertising by a third party in the state, was quickly met with opposition by First Amendment rights activists who have argued it is no more than a state-level assault on the landmark U.S. Supreme Court decision in the Citizens United case.

Restoring America did file an initial appeal on Tuesday, October 18, but that appeal was rejected due to a technical deficiency. Another appeal is expected.

The Torrance City Council will consider recommendations to revise its ethics laws at the October 18, 2011 city council meeting.

The recommendations to be considered include amending the code of ethics to extend to candidates for elective office and adopting guidelines which include a voluntary ethics course and ethics pledge for elected officials, appointed officials, and candidates for elective office.

At its October 13, 2011 hearing, the Fair Political Practices Commission voted 3-0 to adopt Regulation 18421.31 regarding text message contributions. Per the new regulation candidates and committees are permitted to raise funds through low-dollar text message contributions.

For the purposes of the regulation, contributions are deemed to be received on the date that a mobile fundraising vendor, acting as an agent of the candidate or committee, obtains possession and control of the funds. Once received by the mobile fundraising vendor, contributions must be promptly reported to the candidate or committee’s treasurer or a designated agent thereof no later than the closing date of any campaign statement the candidate or committee is required to file.

For text message contributions of less than $25, candidates and committees will be required to maintain the dates and daily totals of contributions. For contributions exceeding $25 but less than $100, the regulation requires that candidates and committees record the full name and street address of the contributor, the cumulative amount received from each contribution, and any information regarding an intermediary where applicable.

When a contribution exceeding $100 is received, the regulation requires that the candidate or committee maintain a record of the contributor’s name and address, occupation, employer, the cumulative amount received from the contributor, and any information regarding an intermediary where applicable.

Under the regulation, a contribution made by text message will be attributed to the person who is subscribed to the cell phone number from which the contribution is received.

Governor Nathan Deal has issued a Writ of Election setting Tuesday, November 8, 2011 as the date for a special election to fill the vacant seat in state senate district 28.

The seat became available upon the resignation of Sen. Mitch Seabaugh, who resigned the seat in order to accept his appointment to the position of deputy state treasurer by Governor Deal.

The runoff election, if necessary, will be held December 6, 2011.

California Governor Jerry Brown has signed senate bill 398 into law. The bill alters definitions and reporting requirements for those who do business with the board of a public pension or retirement system to manage securities or other assets and went into effect upon signature.

Specifically, the new law modifies the definition of external managers to mean a person who is seeking to be, or is, retained by a board or an investment vehicle to manage a portfolio of securities or other assets for compensation, or a person who manages an investment fund, and who offers or sells, or has offered or sold an ownership interest in the investment fund to a board or investment vehicle. The law also alters the definition of a placement agent to a person directly or indirectly hired, engaged, or retained by, or serving for the benefit of or on behalf of, an external manger and who acts or has acted for compensation as a finder, solicitor, marketer, consultant, broker, or other intermediary in connection with the offer or sale to a board or investment vehicle either the investment management services of the external manager or an ownership interest in an investment fund managed by the external manager.

Additional changes made as the result of the new law include the exemption of placement agents from any requirements imposed by a local government agency, including lobbyist registration and reporting, if the placement agent is an employee, officer, or director of an external manager, or of an affiliate of an external manager, and the external manager is registered as an investment adviser or a broker-dealer with the Securities and Exchange Commission or any state securities regulator. Further, placement agents are exempt from local requirements if the external manager is participating in a competitive bidding process, such as a request for proposal, or has been selected through a competitive bidding process and is providing services pursuant to a contract executed as a result of that bidding process, or when the external manager, if selected through competitive bidding, has agreed to a fiduciary standard of care for the contract.

State Senator Lou Correa is planning to introduce legislation that would make members of the public who are appointed to serve on boards subject to the state’s revolving door provision.

The legislation would require that all board members wait 12 months after terminating board service before lobbying their former colleagues.

Photo of the California Senate chamber by David Monniaux on Wikipedia.

The San Bernardino County supervisors voted to endorse a plan to limit campaign contributions at their September 27, 2011 meeting. The supervisors further voted to direct the county counsel’s office to draft an ordinance to be voted on by the supervisors at a future meeting.

The current plan would allow individuals to donate up to $3,900 per election cycle. Small contributor committees would be permitted to donate $7,800 per election cycle.

The Atlanta Board of Ethics has appointed Jabu Sengova as the interim ethics officer, effective September 29, 2011. Sengova, who has been with the Ethics Office since November 2008, currently serves as the associate ethics officer.

Sengova will serve in the interim until a replacement can be found for Ginny Looney, who is resigning effective September 28, 2011. Looney, who announced her resignation in July, has served as the ethics officer since the position was first created in August 2003.

Applications to replace Looney are still being accepted.

Two San Bernardino County supervisors will introduce a proposal at the Board of Supervisors meeting on September 27, 2011 which would create a law regulating political contributions for county elections.

The supervisors hope to impose and enforce limits on contributions from individuals, businesses, and political action committees contributing to county elections.

The image of the San Bernardino County Seal by Jetijones on Wikipedia.

North Dakota Governor Jack Dalrymple has called a special legislative session to begin on November 7, 2011.

The session is expected to last five days and will address issues including legislative redistricting and disaster relief.

One measure limits gifts to the mayor and councilors to $50 or less. Another measure creates an ethics board to enforce the newly created gift limits.

The measures were somewhat controversial because many thought the gift restrictions were not strict enough.

The Riverside County Board of Supervisors will be considering a proposal today which would make electronic filing mandatory for all campaign finance reports filed by candidates and PACs.

The county registrar of voters presently has a system that allows for electronic filing; however, use of the system is optional.

The move to mandatory electronic filing is being proposed as a mechanism to increase transparency.