On September 5, the Libertarian National Committee (LNC) filed a lawsuit arguing federal contribution limits of bequests are unconstitutional.

In Libertarian National Committee v. Federal Election Commission, filed in the U.S. District Court for the District of Columbia, the LNC argues federal political contribution limits applied to bequests, in the absence of any evidence of corruption, violate the First Amendment of the U.S. Constitution. The LNC also claims Congress cannot regulate “the content of a political party’s expression under the guise of combating corruption.”

In 2014, the LNC was bequeathed $235,575 by a party contributor when he died. The Federal Election Commission’s position is the money must be dispersed in the amount of $33,900 a year. The LNC is asking its proposed facts and questions be certified to the en banc D.C. Circuit.

Assembly Bill 249, also known as the “California Disclose Act,” will be heard in the Senate on August 29. The bill requires most campaign ads to display their top three funders, even if those contributions were funneled through other committees.

Similar versions of AB 249 have been introduced without passage since 2012. A similar bill from 2016 failed by one vote in the Senate. Last year’s bill was opposed by the California Fair Political Practice Commission (FPPC) due to the bill’s language making enforcement difficult.

The current version of the bill underwent changes to make the proposed law more acceptable to opponents and the FPPC has remained neutral.

On August 3, a federal campaign finance constitutional amendment with public financing authority was referred to the House Committee on the Judiciary’s Subcommittee on the Constitution and Civil Justice.

House Joint Resolution 113, introduced in the U.S. House of Representatives on July 20, 2017, proposes an amendment to the Constitution of the United States granting explicit authority to Congress and to the states to regulate contributions and expenditures in political campaigns and to enact public financing systems for such campaigns.

Rep. Adam Schiff introduced the legislation with the intent to increase regulation of campaign contributions and spending.

“The regulatory process is at a standstill as we watch billions of dark money pour into elections,” Schiff said in a press release.

After the first comment period ended on July 19, Sec. of State Maggie Toulouse Oliver has released a revised campaign finance rule draft.

One revision would require a person who makes independent expenditures of $3,000 or less in a non-statewide race to report identifying information on each person who contributes more than $200 in the previous 12 months, while statewide races would require spending of $7,500 or less for the same level of disclosure.

Interested individuals may submit official comments on the revised draft until 5:00 p.m. on August 29, 2017.

The final rule is expected to be completed this fall with an October 2017 effective date. The revised rule is available on the secretary of state website.

Lawmakers passed two measures dealing with ethics and transparency during the regular legislative session that wrapped up in April.

House Bill 2319 will become effective July 5, requiring candidate committees for members of the Legislature to make additional disclosures of contributions and fundraising events while the Legislature is in session.

House Bill 2001 will become law July 7, requiring companies contracting with state agencies on contracts over $100,000 to make disclosures listing interested parties to the contract.

Bills that were not approved during the legislative session do not carry over.

The Montana Legislature adjourned the 2017 regular session April 28, 2017.  House Bill 340, eliminating the Office of the Commissioner of Political Practices, made it through the House but was tabled in the Senate and did not pass.

Senate Bill 368, increasing contribution limits for both individuals and political action committees and placing the Office of the Commissioner of Political Practices under the jurisdiction of the state Attorney General, passed at the last minute and will be sent to the Governor.

The Montana Legislature will pick up again in January 2019.

On April 18, Long Beach City Council approved a measure to repeal a local campaign finance law which barred elected officials from contributing officeholder funds to other candidates running for elective office.

The restriction risked being challenged as unconstitutional and the repeal brings city law more in line with current state rules.

The City Council voted 5-3 in favor of the repeal.

A state ban on political contributions to candidates by businesses was upheld by a Suffolk Superior Court judge last week. Massachusetts campaign finance law prohibits contributions from businesses but allows contributions from labor unions.

Two businesses active in a fiscally conservative advocacy group challenged the law hoping for a change in favor of businesses wishing to contribute, asserting the same political contribution rules should apply to businesses and unions.

The Office of Campaign and Political Finance argued businesses are different from unions and the state is within its rights to regulate each entity differently, maintaining the state’s interest in preventing corruption or the appearance of corruption.

Under the upheld law, individuals can contribute $1,000 per year to candidates and labor unions can contribute up to $15,000.

Gov. Matt Bevin approved changes to a campaign finance law yesterday, March 27, 2017.

Senate Bill 75 doubles current contribution limits for individuals giving to candidates, state executive committees, and caucus campaign committees. The limit for individuals giving to PACs also increases from $1,500 to $2,000.

Contributions to candidates and PACs will be indexed for inflation every odd-numbered year based on the Consumer Price Index. The bill also creates a single reporting threshold of $3,000 for campaign finance reports.

The bill is effective June 28, 2017, or 90 days from adjournment sine die of the regular session of the Legislature.

The Kentucky Legislature passed a bill this week to double the limits on contributions from individuals and PACs to candidates, state executive committees, and caucus campaign committees.

Senate Bill 75, according to supporters, provides greater transparency and will make it easier for everyday citizens to compete with dark money while running for office.

Opponents, however, believe the focus should be on curbing dark money and adding more money to the equation will further erode public trust.

Nonetheless, the bill will now be sent to the governor for review.

A bill to raise the limit on what individuals may contribute to campaigns has passed the Kentucky Senate.

Senate Bill 75, sponsored by Sen. Damon Thayer, doubles the limit for individuals giving to candidates, caucus committees, and political parties.

The bill, similar to a measure introduced by Thayer in the past, also creates an additional disclosure report 60 days prior to an election. The bill has been transmitted to the House for consideration.

The Missouri Ethics Commission recently released a series of advisory opinions related to Constitutional Amendment 2. The amendment, passed by the voters in the November election, amended state campaign finance laws.

The new advisory opinions address issues not fully articulated in the constitutional amendment. Opinions confirm: contribution limits do not apply to local candidates; the definitions of continuing and political action committees are substantially the same and are interpreted to be the same; and contribution limits only apply to continuing or political action committees if a contribution to the committee is designated for a specific candidate.

Another opinion finds a limited liability company to be a corporation for the purpose of the corporate contribution ban if the LLC is an eligible entity electing to be classified as a corporation under the federal tax code.

Other opinions relate to the eligibility of foreign corporations contributing to Missouri PACs, the application of the $25,000 per election aggregate limit to be received by a political party, and the applicability of contribution limits to state legislative campaign committees.

Rep. Knute Buehler is set to introduce two bills to restrict pay-to-play politics.

House Joint Resolution 17 seeks to amend the Oregon Constitution to ban corporations, nonprofits and labor unions from making contributions to candidates or political action committees.

House Bill 2914 would require bidders on state contracts to disclose their five greatest campaign contributions in the state.

If passed, the measures would likely face legal challenges on the basis of free speech restrictions.

Vermont has increased contribution limits to candidates, PACs, and political parties.

By statute, contribution limits are reevaluated and adjusted based on the Consumer Price Index. A 2.1 percent increase was implemented allowing statewide candidates and PACs to receive $4,080 per election cycle, state Senate candidates to receive $1,530, and state representative candidates to receive $1,020.

Each limit applies to contributions from a single source or PAC.

This change is effective for two years, and thereafter, increases will apply for the term of two two-year general election cycles.