January 5, 2012 •
PAC-to-PAC Transfer Ruling to be Challenged
Alabama Attorney General Files Appeal
Alabama Attorney General Luther Strange has appealed the judge’s ruling in Alabama Democratic Conference v. Strange, the case overturning a portion of the state ban on the transfer of funds from one PAC to another.
While the appeal is pending, the attorney general is prohibited from enforcing the PAC-to-PAC transfer law against the Alabama Democratic Conference.
January 3, 2012 •
Nevada Online Reporting System Goes Live
Online reporting required
Nevada Secretary of State Ross Miller has announced that the enhanced online system for campaign finance filings is now up and running.
All parties filing contributions and expense reports as well as financial disclosure statements are now required to report electronically as was mandated by Assembly Bill 452.
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 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 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 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 •
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 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 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 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.
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