March 25, 2013 •
NJ ELEC Does Not Invalidate Limits on Contributions for Independent Expenditures
Advisory Opinion 01-2013
On March 21, 2013, the New Jersey Election Law Enforcement Commission (ELEC) issued an advisory opinion deciding it does not have the jurisdiction to declare contribution limits unenforceable or unconstitutional for political committees making only independent expenditures.
Advisory Opinion 01-2013 holds current state registration and reporting requirements and contribution limits apply to political committees making independent expenditures.
Fund for Jobs and Growth, a political organization not registered in the state and intending to make independent expenditures in the state’s 2013 elections, requested the opinion in order to determine whether it needed to register and report with the state and whether the state contributions limits for political committees applied to its fundraising activity. The organization was held to be a political committee requiring registration and reporting.
While holding state contribution limits apply, the opinion notes several other jurisdictions have held contribution limits applied to political committees making independent expenditures are unconstitutional. ELEC did not find “that the Third Circuit Court of Appeals has addressed these issues, nor has the United States Supreme Court issued a specific determination concerning the constitutionality of contribution limits for political committees making only independent expenditures.”
March 25, 2013 •
Monday News Roundup
Let’s start off the week with these lobbying, campaign finance, and ethics news articles:
Lobbying
Georgia: “Lobbying reform: what’s gone down, what’s up next” by Chris Joyner and Kristina Torres in the Atlanta Journal Constitution.
Pennsylvania: “Lobbying money flows in state store debate” by Steve Esack and Scott Kraus in the Morning Call.
Washington: “Washington Teachers’ Union Top Lobbying Spender In Olympia So Far” by Austin Jenkins in Oregon Public Broadcasting.
Campaign Finance
“Rules of the Game: Hispanic Caucus Leverages Latino Power” by Eliza Newlin Carney in Roll Call.
California: “Former ethics chief would ban fundraising while California lawmakers work” by Torey Van Oot in the Sacramento Bee.
Florida: “House approves no limits on campaign contributions” by Mary Ellen Klas and Michael Van Sickler in the Miami Herald.
Florida: “Campaign finance bill allows higher limits, mandates quicker reporting” by Aaron Deslatte in the Orlando Sentinel.
Montana: “Coalition ‘blasts’ campaign finance bill” in the Independent Record.
Ethics
New Jersey: “Sexually explicit e-mails sent by Assemblyman Joe Cryan to lobbyist are revealed, report says” in the Star-Ledger.
From the State Legislatures
Georgia: “Georgia lawmakers have 3 days left” by Walter C. Jones in the Augusta Chronicle.
Kentucky: “Dizzying pace for Ky. legislators in next 2 days” by The Associated Press in the Bowling Green Daily News.
Mississippi: “Miss. state Rep. Jessica Upshaw found dead” by The Associated Press in the Hattiesburg American.
Missouri: “Missouri lawmakers to return from midsession break” by Chris Blank (Associated Press) in the Columbia Missourian.
Montana: “Montana Senate backs amendment to limit legislators to 16 years in office” by The Associated Press in the Missoulian.
Nevada: “Nevada Legislature sees quiet session so far” by Ed Vogel in the Las Vegas Review Journal.
New York: “No new budget bills; final voting pushed to Thursday” by Jimmy Vielkind in the Capitol Confidential.
Open Government
Missouri: “Missouri lawmakers don’t follow open records rules, auditor says” by Elizabeth Crisp in the St. Louis Post-Dispatch.
Tennessee: “Casada says open meetings bill can be fixed” by Lucas L. Johnson II (Associated Press) in The Tennessean.
Procurement
Kentucky: “Well-paid Kentucky lawmaker Dennis Horlander a toothless watchdog” by Tom Loftus in the Courier-Journal.
March 25, 2013 •
Georgia Senate Approves Version of Ethics Bill
Both chambers now seeking compromise on House Bill 142
The Senate approved its version of a House ethics bill on Friday, March 25, 2013. Now the House and Senate are seeking common ground between the different versions of House Bill 142.
The House version of the bill bans most gifts from lobbyists to individual legislators, but allows unlimited gifts to legislative groups. The Senate version imposes a $100 gift cap and erases the exception for legislative groups, but does not limit the number of gifts allowed. The Senate version also erases the House version’s expanded lobbyist registration for unpaid advocates.
Both chambers are expected to appoint a joint committee to negotiate in an effort to reach compromise before the session reaches its scheduled end on Thursday, March 28, 2013.
Photo of the Georgia State Capitol dome by Connor Carey on Wikipedia.
March 22, 2013 •
News You Can Use Digest – March 22, 2013
Here are highlights from the latest edition of News You Can Use:
National:
Conflicts of Interest Run Rampant in State Legislatures
Democratic Women Eye City Hall Gains
From the States and Municipalities:
Arizona – Supreme Court Hears Arguments over Whether States Can Ask for Proof of Citizenship to Register
California – Bell Trial Ends in Chaos
California – Judge Orders San Jose to Disclose Officials’ Messages on Private Devices
Florida – Gaming Committee Chairman Relies on Flights from Gaming Lobbyist for Travel to Tallahassee
Georgia – State Senate Offers $100 Lobbying Cap in Split Plan
Kansas – Kansas House Passes Bill on Union Pay Deductions
Kentucky – Richie Farmer Could Be Fined $210,000 over 42 Ethics Violations
Maryland – Campaign Finance Reform Passes House and Is Moving in Senate
Maryland – Former Anne Arundel County Executive John Leopold Gets Jail Time from Judge
New Mexico – Social Media Plays a Bigger Role in Legislative Session
New York – Artists Against Fracking May Not Be Registered As New York Lobbying Group
South Carolina – Former Governor Advances in South Carolina Race
South Carolina – Misuse of SC State Plane Alleged
State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.
News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.
March 21, 2013 •
Thursday News Roundup
Here are some great articles for today’s government relations news summary:
Lobbying
“Lobbying Without a Trace” by Kate Ackley in Roll Call.
“Under Contract” in The Hill.
“K Street firms working US-EU trade talks from both sides of the Atlantic” by Kevin Bogardus in The Hill.
“Casino Jack’s New Game” by Mariah Blake in The Atlantic.
Florida: “House revises its ethics bill, allows for revolving door lobbying of exec branch” by Mary Ellen Klas in The Miami Herald.
Georgia: “Senate to present $100 lobbyist cap” by Ray Henry (Associated Press) in the Marietta Daily Journal.
Minnesota: “Minnesota lobbying reports show big spending by business groups” by Rachel E. Stassen-Berger in the Star Tribune.
Pennsylvania: “Lobbying frenzied as Pa. House vote nears on privatizing alcohol sales” by Angela Couloumbis in the Philadelphia Inquirer.
Toronto, Ontario: “Ban on after-hours lobbyist schmoozing gets a cold shoulder from Toronto city hall” by Paul Moloney and Robyn Doolittle in the Toronto Star.
Campaign Finance
“Campaign Finance: Raise Spending Limits, Increase Transparency” by Jonathan Rauch in The Atlantic.
Ethics
Georgia: “Delay on ethics bill” by Kristina Torres in the Atlanta Journal-Constitution.
New York: “NYS Senate GOP Looking To Cut Ethics Commission Funding” by Ken Lovette in the New York Daily News.
Legislative Issues
Rhode Island: “R.I. legislature begins live streaming floor sessions, hearings” by Katherine Gregg in the Providence Journal.
March 20, 2013 •
Wednesday Government Relations News
Here is our roundup of the latest articles on lobbying, ethics, and more!
Lobbying
Georgia: “Ga. Senate expected to unveil lobbying rules” by The Associated Press in WSAV TV.
Indiana: “Purdue moving to trim its federal lobbying costs” by The Associated Press in the Indianapolis Business Journal.
Ethics
Arizona: “Campaign-finance case against Horne recommended for dismissal” by Lindsey Collom and Craig Harris in the Arizona Republic.
Georgia: “Ethics reform at critical juncture” Chris Joyner and Kristina Torres in the Atlanta Journal-Constitution.
New Jersey: “N.J. Politics Roundup: House committee investigates Andrews over spending” by Brent Johnson in the Star-Ledger.
Rhode Island: “R.I. ethics panel mulls statute of limitations on complaint filings” by Karen Lee Ziner in the Providence Journal.
Elections
Ohio: “Ohio House panel OKs elections bill” by Michelle Everhart in the Columbus Dispatch.
Procurement
Iowa: “Iowa businesses would get preference on state contracts under bill approved by Iowa Senate” by William Petroski in the Des Moines Register.
From the State Legislatures
“State Legislative Leaders Gather in Washington” by Jon Kuhl in NCSL’s The Thicket.
Term Limits
Texas: “Senate votes to let voters decide on term limits for statewide officeholders” by Mike Ward in the Austin American-Statesman.
March 19, 2013 •
Tuesday Lobbying and Campaign Finance News
Keep up with the latest government relations news with these articles:
Lobbying
“K Street Files: FTI Consulting Snaps Up C2 Group” by Kate Ackley in Roll Call.
California: “California cities, counties find funds to hire Capitol lobbyists” by Anthony York in the Los Angeles Times.
Georgia: “Ga. senators to debate House plan to limit lobbyist spending; end-of-session drawing near” by The Associated Press in The Republic.
New York: “Artists Against Fracking May Not Be Registered As New York Lobbying Group, AP Reports” by Michael Gormley in the Huffington Post.
Campaign Finance
Connecticut: “The ‘Ernie Newton’ campaign finance ban moves forward” by Ken Dixon in the Connecticut Post.
Las Cruces, New Mexico: “Las Cruces council refines proposed campaign finance ordinance” by Steve Ramirez in the Las Cruces Sun-News.
Vermont: “Vermont Senate’s campaign finance bill: many find something to like” by Nancy Remsen in the Burlington Free Press.
Ethics
“Reps. Andrews, Young to be investigated by House Ethics panel” by Jordy Yager in The Hill.
Florida: “Coalition calls for ethics improvements” by Bill Cotterell in the Florida Current.
Kentucky: “Richie Farmer could be fined $210,000 over 42 ethics violations” by Tom Loftus in the Courier-Journal.
Rhode Island: “Common Cause web site counts days, hours since ethics vote quashed” by Katherine Gregg in the Providence Journal.
From the State Legislatures
“2012 Election Legislation: National Summary” on NCSL.org.
Social Media
New Mexico: “Social media plays a bigger role in leg session” by Julie Ann Grimm in the Santa Fe New Mexican.
March 18, 2013 •
Monday News Roundup
Let’s start off the week with these lobbying, campaign finance, and ethics news articles:
Lobbying
“Street Talk: K Street Hiring Chill Leaves Members Cold” by Kate Ackley in Roll Call.
“Former Rep. Rehberg joins K Street firm” by Kevin Bogardus in The Hill.
Georgia: “House lobbyist gift ‘ban’ has loopholes” by Chris Joyner in the Atlanta Journal-Constitution.
Campaign Finance
“Russ Feingold on the Path to Campaign Finance Reform” by John Light on BillMoyers.com.
“Former Fla. Dem candidate pleads guilty to campaign finance fraud, claims he was ‘used’” by Megan R. Wilson in The Hill.
New York: “Eyes On Albany As State Considers Campaign Finance Changes” by The Associated Press in WHAM ABC News.
Ethics
“Lawmakers add relatives to campaign payrolls” by Fredreka Schouten and Christopher Schnaars in USA Today.
“Conflicts of interest run rampant in state legislatures” by Nicholas Kusnetz in The Center for Public Integrity.
“A year in prison, Rod Blagojevich in good spirits” by Mackenzie Weinger in Politico.
Florida: “Gaming committee chairman relies on flights from gaming lobbyist for travel to Tallahassee” by Mary Ellen Klas in the Miami Herald.
Minnesota: “Minn. Judges May be Required to Reveal Financial Ties” by Nick Winkler in KAAL TV ABC News.
Open Government
Missouri: “Push for exemptions adds to debate over Missouri’s open-records law” by Chris Blank in the Kansas City Star.
Vermont: “Vermont Senate advances open-records bill” by Nancy Resmen in the Burlington Free Press.
March 15, 2013 •
News You Can Use Digest – March 15, 2013
Here are highlights from the latest edition of News You Can Use:
Federal:
Obama Meets with New Advocacy Group
From the States and Municipalities:
California – California Lawmakers Avoid Campaign Contribution Limits with Ballot Measure Account
Florida – Investigators: Florida gambling probe that led to resignation of lieutenant governor will grow
Iowa – Statehouse Coffee Budget Running at $1,400 Deficit
Kentucky – Dennis Horlander Paid More than Most in Kentucky Legislature
Michigan – Former Mayor of Detroit Guilty in Corruption Case
Missouri – St. Louis Police Sergeant Plans to Sue Department for Silencing His Pro-Pot Work
Oregon – Oregon Legislators Reap Big Post-Election Donations – Much of it ‘Makeup Money’
Pennsylvania – Ex-Senate Leader, 7 Others Charged in Turnpike Probe
Rhode Island – RI House Leadership Faulted over Ethics Vote
Tennessee – Black Keys Manager Ticket Offer Raises Questions
Washington – Blind Lawmaker Up to Task in Olympia
West Virginia – Gainer Queries Ethics Panel over Visa Ads
State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.
News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.
March 14, 2013 •
Thursday News Roundup
Here are some great articles for today’s government relations news summary:
Lobbying
“Howard Berman signs up for K Street job” by Tarini Parti in Politico.
“K Street Files: Under Attack, Gamers Add In-House Lobbyists” by Kate Ackley in Roll Call.
“K Street lobbyists leap to the planet’s defense after asteroid scare” by Kevin Bogardus in The Hill.
Campaign Finance
Utah: “Legislature to change law on who probes campaign violations” by Robert Gehrke in the Salt Lake Tribune.
Vermont: “Vermont Senate panel delays vote on campaign finance” by Dave Gram in the Burlington Free Press.
Ethics
“Florida Official Resigns in Wake of Gambling Probe” by Cameron McWhirter and Ana Campoy in the Wall Street Journal.
“Fla. charity probe to next focus on campaign money” by Mike Schneider and Gary Fineout in the Miami Herald.
Open Government
“Oversight panel pushes for transparency” by Eric Martinson in Politico.
Kansas: “Senate committee discusses changes to ‘open records’ law” by Stevi Wilson in the Lawrence Journal-World.
North Carolina: “How to bring more sunshine to the NC legislature” by John Frank in the News & Observer.
Procurement
Iowa: “Panel told of revised process for equipment procurement” by Jason Noble in the Des Moines Register.
Legislative Issues
Kentucky: “Ky. lawmakers approve 107 bills during first 28 days of legislative session” by Jack Brammer in the Herald-Leader.
Montana: “Montana lawmakers consider longer term limits” by The Associated Press in the Billings Gazette.
Redistricting
Wisconsin: “New court filing: Documents were deleted from GOP redistricting computers” by Patrick Marley in the Milwaukee Journal Sentinel.
March 13, 2013 •
New York City Council Overrides Veto
Law loosening disclosure requirements to take effect immediately
The New York City Council has overridden Mayor Michael Bloomberg’s veto of a campaign finance bill loosening the disclosure requirements. The law, which will go into effect immediately, was fiercely opposed by both Bloomberg and New York City Campaign Finance Board Director Amy Loprest, but the City Council has nearly unanimously supported it from the outset.
The law will allow labor or other membership organizations, as well as corporations, to send campaign communications to its members, executive and administrative personnel, and stockholders without having to disclose that information to the Campaign Finance Board. According to Loprest, $35,000 in outside spending on mass mailers was spent in the two special elections since the city adopted its stringent rules.
In a statement Loprest said, “Disclosure helps voters understand who is speaking and trying to influence the outcome of their election. Just as important, disclosure helps voters hold candidates accountable for their supporters during an election and for the policies they pursue. New Yorkers want and deserve access to complete information about the interests supporting candidates for city office. The legislation approved by the Council today will hide some of that information from public view.”
Councilwoman Gale Brewer disagreed with this notion, saying “Member-to-member communications are not intended to influence the public. So, the public’s interest in source disclosure is significantly reduced.”
With city elections upcoming in November, both sides will see how these new rules actually affect the elections and spending.
Photo of the New York City Hall by Howrealisreal on Wikipedia.
March 13, 2013 •
Sen. Bernie Sanders Introduces Constitutional Amendment to Overturn Citizens United
Democracy is for People Amendment
A bill introduced on March 12, 2013 by U.S. Senator Bernie Sanders proposes an amendment to the U.S. Constitution overturning the Supreme Court decision of Citizens United v. FEC.
The amendment is divided into four sections. The first section declares because the right to vote belongs only to “natural persons as citizens of the United States”, political contributions and expenditures may only be made by “natural persons”.
The second section affirmatively grants Congress and the States power to regulate campaign finance laws. Sen. Sanders’ fact sheet explaining the amendment states, “This [second] section overturns the Buckley v. Valeo (1976) ‘money is speech’ decision allowing individuals – including individuals who are candidates – to spend unlimited sums of money independent of candidates.”
The remaining two sections explicitly state the amendment does not limit the freedom of the press and that Congress and the States will have the power to enforce the amendment through their legislative powers. Sen. Sanders’ press release can be found here. U.S. Representative Ted Deutch has filed this same amendment, House Joint Resolution 34, in the House.
March 13, 2013 •
Wednesday Government Relations News
Here is our roundup of the latest articles on lobbying, campaign finance, and more!
Lobbying
Nevada: “Lawmakers spin through revolving door to lobbying” by Anjeanette Damon in the Las Vegas Sun.
Campaign Finance
Alaska: “Campaign finance resolution finds support” by The Associated Press in the Anchorage Daily News.
Arizona: “AZ House passes bill barring student association fee use for politics” by The Associated Press in the Arizona Capitol Times.
Arkansas: “Ark. panel rejects campaign finance proposals” by The Associated Press in KATV ABC News.
Georgia: “Lesser ethics bill gets committee approval” by Kristina Torres in the Atlanta Journal Constitution.
Hawaii: “State lawmakers debate campaign finance reforms” by Anita Hofschneider (Associated Press) in the Star Advertiser.
Michigan: “House Dems back ethics, campaign finance reform package” by Chad Livengood in the Detroit News.
North Carolina: “Dome: Campaign finance reports lag” by John Frank and Rob Christensen in the News & Observer.
Utah: “Utah Senate votes to close disclosure loophole” by Lee Davidson in the Salt Lake Tribune.
Vermont: “Vt. Senate panel works on campaign finance bill” by The Associated Press in the San Francisco Chronicle.
Ethics
Florida: “Locals owe state Ethics Commission thousands” by Tom McLaughlin in the Northwest Florida Daily News.
Open Government
“Arizona gets ‘C’ grade for legislative openness” by The Associated Press in the Arizona Capitol Times.
New Mexico: “Legislators fast-track bill that protects their email” by Julie Ann Grimm in the Santa Fe New Mexican.
South Dakota: “Daugaard signs three bills on open government” by The Associated Press in the Argus Leader.
Texas: “Texas gets high marks regarding transparency in legislative matters but still needs more sunshine” in the Austin American-Statesman.
West Virginia: “Legislation may make memos, internal letters public” by Zack Harold in the Charleston Daily Mail.
Wyoming: “Legislature average on transparency” by Trevor Brown in the Wyoming Tribune Eagle.
March 12, 2013 •
Tuesday Lobbying and Campaign Finance News
Keep up with the latest government relations news with these articles:
Lobbying
“Scott Brown joins law and lobby firm” by Kevin Bogardus in The Hill.
“Bottom Line” in The Hill.
“Former US Rep. Jerry Costello opens lobbying firm” in the Pantagraph.
Florida: “Senator backing lobbyist restrictions is lobbyist himself” by Aaron Deslatte in the Orlando Sentinel.
Campaign Finance
“What it costs to win a Congressional election” by Jon Terbush in The Week.
Florida: “Senate’s campaign finance compromise creates mega PACs” by Mary Ellen Klas in the Miami Herald.
Nevada: “Bill seeks tighter Nevada campaign reporting laws” by The Associated Press in the Las Vegas Sun.
Wisconsin: “Campaign spending in Wisconsin more than triples” by Jason Stein in the Journal Sentinel.
Ethics
“FEC: Larry Craig Misused Campaign Funds for Personal Legal Expenses” by Mike Scarcella in The Blog of Legal Times.
Utah: “Executive branch ethics bill advances in Utah” by Lee Davidson in the Salt Lake Tribune.
Open Government
Thank you, Eric Brown and the Political Activity Law blog for reminding us that this week is Sunshine Week!
Legislative Issues
“Report: Members of Congress Happy With Their Jobs” by Emma Dumain in Roll Call.
Alaska: “Alaska Legislature Celebrates its Centennial, Creates Commission to Recognize First Territorial Legislature” by Morgan Cullen in NCSL’s The Thicket.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.