October 22, 2012 •
AZ County Court Rules Some Campaign Finance Laws Unconstitutional, But SOS Says Reporting Still Required
Express Advocacy v. Issue-Oriented Speech
Certain Arizona statutes requiring registration and reporting by political committees are unconstitutional, according to a ruling made by Maricopa County Superior Court Judge Crane McClennen on October 10, 2012. Presently, however, reporting is still required, according to the Secretary of State.
The Secretary’s office e-mailed registered political committees the following: “By way of gentle reminder, the recent trial court decision in ‘Committee for Justice and Fairness v. the Secretary of State’ does NOT affect the requirements to file campaign finance reports.”
In deciding whether a television advertisement made by the Committee for Justice & Fairness (CJF) was “express advocacy” or issue-oriented speech, and therefore requiring registration and reporting by CJF as a political committee, the county court found, “A.R.S. §§16–901, –901.01, –902.01, –913, and related statutes are unconstitutional.”
The Secretary of State will appeal the ruling, according the Verde Independent.
October 19, 2012 •
News You Can Use Digest – October 19, 2012
Here are highlights from the latest edition of News You Can Use:
Federal:
American Bridge Super PAC Uses Unique Research, Tracking Strategy to Hold Republicans Accountable
Lobbyists Ready for a Comeback under Romney
From the States and Municipalities:
Alabama
91-Year-Old Alabama Mayor Admits to $201,000 Theft
California
Campaign Watchdogs Say Arizona Group’s $11 Million Donation Exploits Loophole in California Law
Florida
Legislature’s New Leaders Back Tough Ethics Reform
Georgia
Loopholes Abound in Some Lobbyist Gift Bans
Illinois
City Axes Speed Camera Firm’s Bid, Citing Delay in Reporting Ethics Case
Montana
Montana Contribution Limits in Place through Election
New Jersey
Bergen Executive’s Veto of Changes to Political-Contributions Law Draws No Challenge
Ohio
Ohio Early Voting Cleared by High Court in Obama Victory
Oklahoma
Oklahoma Ethics Commission Will Lose Three Key Workers on Same Day
Pennsylvania
Lobbyists’ Checks Buy Lawmaker Access
Washington
Seattle City Council Revamps Campaign Finance Rules
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.
October 17, 2012 •
Montana Political Contribution Limits Remain, For Now
Stay of Lower Court Decision Remains Pending Resolution of Appeal
Yesterday, the Ninth Circuit Court of Appeals issued a 41 page opinion explaining its continuing stay of a lower court’s decision ruling certain statutory contribution limits in Montana were unconstitutional and unenforceable.
On October 3, the U.S. District Court for the District of Montana, issuing a decision in Lair v. Murry, found the contribution limits in Montana Code Annotated §13-37-216 “prevent candidates from ‘amassing the resources necessary for effective campaign advocacy.’”
On October 9, after the District Court had denied a request to stay its Order, the Court of Appeals reinstated Montana’s campaign contribution limits, overruling the District Court. The District Court was ordered to outline the reasoning for its decision.
The next day, on October 10, the District Court issued a 38 page Opinion and Order detailing its reasoning. The Court of Appeals has rejected the District Court’s arguments, concluding “the state is likely to succeed on appeal.”
James. W. Murry, the Commissioner of Political Practices, has stated “that contribution limits are in effect and will be enforced.”
October 16, 2012 •
Seattle Amends Campaign Finance Rules
New law to limit incumbents’ advantage over challengers
The Seattle City Council approved a bill last night that changes the way campaign finance will work in future elections. Council Bill 117548 was approved by a 7-2 vote, but it will not take effect until after the upcoming November elections.
The new law changes the definition of election cycle, which now starts January 1 in the year prior to the general election for that office and will end April 30 following the election. Candidates will only be allowed to raise money and accept contributions during the election cycle period. The new law also limits the amount of money incumbents can carry over to the next election. The council believes that this will give challengers more of an opportunity to unseat an incumbent.
Currently, there is no limit to how much money candidates can stockpile, leading most incumbents to create massive war chests to fend off challengers. The new law does not allow any candidate to carry money over past the end of the election cycle. Current city council members have 30 days to transfer their current funds to a new campaign without being subject to the rules. Political committees are also subject to the carry-over provisions.
Finally, the new law also raises the contribution limits from $600 to $700 to candidates for mayor, city council, or city attorney.
October 15, 2012 •
California’s Late Contribution and Expenditure Laws to Begin Earlier in Campaigns
Assembly Bill 481 passed to increase transparency
Assembly Bill 481, recently signed by Governor Jerry Brown, is the latest amendment to the Political Reform Act of 1974. The changes are an effort to increase accountability and transparency by requiring faster disclosure of major contributions and independent expenditures occurring shortly before an election.
Definitions for late contributions and late independent expenditures have been expanded to include any aggregated contributions or expenditures of $1,000 or more made within 90 days before the date of the election. Disclosure of these late transactions is required within 24 hours of delivery. The law also requires advertisements to contain a disclosure of the two top contributors of the committee making the independent expenditure.
The Fair Political Practices Commission is currently revising the 2013 filing schedules in preparation of the January 1, 2013 effective date.
October 15, 2012 •
Monday News Roundup
Start the week off right with these government relations news articles:
Campaign Finance
“PACs attack: N.Y. seeing a flood of outside money” by The Associated Press in Pressconnects.com.
Florida: “Meet Florida’s big-time donors to super PACs” by Alex Leary in the Miami Herald.
“Md. referendum campaigns raise $53 million” by John Wagner and Aaron C. Davis in The Washington Post.
Lobbying
“Loopholes abound in some lobbyist gift bans” by Chris Joyner in the Atlanta Journal-Constitution.
“Patton Boggs moves to reinvent itself” by Catherine Ho in The Washington Post.
“Lobbying Efforts From Tech Companies Surge On Capitol Hill” in Fast Company.
Kentucky: “Ellen Williams joins McBrayer lobbying team” by Tom Lotus in the Courier-Journal.
Pennsylvania: “Lobbyists could be subject to open-records law” by Dan Miller in the Patriot-News.
Pennsylvania: “Lobbyists’ checks buy lawmaker access” by John L. Micek in the Morning Call.
Ethics
“Jackson Jr. probe focuses on house” by Kevin Robillard in Politico.
Campaigns and Elections
“Candidates turn to geo-targeting in ads” by Megan R. Wilson in The Hill.
“For politically playful news orgs, the 2012 election means social interactivity” by Adrienne LaFrance in Nieman Journalism Lab.
“Campaigns Mine Personal Lives to Get Out the Vote” by Charles Duhigg in The New York Times.
October 12, 2012 •
One Last News Roundup for the Week
Have a terrific weekend everyone!
Lobbying
“Lawmaker Sues State Bar Over Lobbying” by Joe Harris in the Courthouse News Service.
“Long-time lobbyist to retire” by Bill Rankin in the Atlanta Journal-Constitution.
Campaign Finance
“Changing campaign-finance laws might not deter corruption” by Lydia Coutré in the Columbus Dispatch.
“Top donors go all in on state ballot measures” by Will Evans in the Bay Citizen.
Ethics
“State Ethics Commission clears Sen. Gary Siplin in newsletter complaint” in the Miami Herald.
Social Media and Technology
“The Rise of Mobile in Election 2012” by Matt Petronzio in Mashable.
“Online, Next Presidential Debate Will Feature a Moderator that Wasn’t” by Micah L. Sifry in TechPresident.
“Code for America Accelerator Program Takes Shape” by Sarah Rich in Government Technology.
Legislative Issues
“Bill limits N.J. legislators’ unexcused absences” by The Associated Press in NorthJersey.com.
October 12, 2012 •
News You Can Use Digest – October 12, 2012
Here are highlights from the latest edition of News You Can Use:
National:
Are Voter ID Opponents Winning the Battle but Losing the War?
Federal:
House, Senate Campaigns Welcome Lobbyists Shunned by Team Obama
Obama, Romney Face Most Narrow Electoral Map in Recent History
From the States and Municipalities:
Arizona
State Lawmaker Ben Arredondo Pleads Guilty to Two Felonies
Florida
Butterworth Skirts State Lobbying Laws to Land $44 Million-a-Year Contract in Broward
Illinois
Federal Judge Upholds Limits on Contributions to State Candidates
Maryland
Del. Tiffany Alston Suspended from Office, General Assembly Lawyer Says
Montana
Appeals Court Reinstates Campaign Finance Limits
Nevada
Ross Miller Pursues Campaign Finance Law Violations against AFP
Ohio
Texas
DeLay Attorneys: Ex-GOP Star Didn’t Launder Money
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.
October 11, 2012 •
Thursday Campaign Finance and Lobbying News
Here is a short roundup of articles for you:
Campaign Finance
“How Citizens United has transformed campaigns: An introduction to Big Sky, Big Money” by Kai Ryssdal on Marketplace.
“Celebrities Recruited to Make Case on Campaign-Finance Reform” by Thomas Kaplan in The New York Times.
Lobbying
“Nats fever sweeps Congress, K Street” by Kevin Bogardus in The Hill.
Government Tech and Social Media
“New App Opens Up Presidential Documents” in Government Technology.
October 10, 2012 •
Today’s Government Relations News
Take a look at the latest articles in campaign finance, ethics, and the political campaigns:
Campaign Finance
California: “Prop 32: Union and Corporate Campaign Contributions” by Ben Adler in Capital Public Radio.
New Mexico: “Non-N.M. Groups Give Thousands” by Dan Boyd in the Albuquerque Journal.
Texas: “Court hears DeLay appeal in campaign finance case” by Peggy Fikac in the Houston Chronicle.
Ethics
“Hawaii Ethics Commission Still Missing a Member” by Anita Hofschneider in the Honolulu Civil Beat.
“W.Va. Ethics Commission sets Jan. 28 hearing on allegations against Beckley mayor” by The Associated Press in The Republic.
Social Media and Government Tech
“Hardly Anyone Using Campaign Apps, Survey Says” by Nick Judd in TechPresident.
“Where is E-Government Communication Headed?” by Matt Williams in Government Technology.
October 10, 2012 •
Appeals Court Reinstates Montana Campaign Contribution Limits
District Court Judge to Outline Reasoning
Yesterday, the Ninth Circuit Court of Appeals reinstated Montana’s campaign contribution limits under Montana Code Annotated §13-37-216, overruling the District Court. The District Court is ordered to outline the reasoning for its decision, according to AP reports.
On October 3, 2012, the U.S. District Court for the District of Montana, issuing a decision in Lair v. Murry, found the contribution limits in Montana Code Annotated §13-37-216 “prevent candidates from ‘amassing the resources necessary for effective campaign advocacy.’”
Yesterday, the District Court had denied a request to stay its Order, according to the Independent Record. The Attorney General and the Commissioner had appealed the October 3 Order to the Ninth Circuit Court of Appeals.
Even though the District Court has ruled some of Montana’s political contribution limits unconstitutional, the Commissioner of Political Practices wants candidates and political donors to stick to the statutory restrictions.
On October 5, Commissioner James W. Murry issued a statement “strongly recommend[ing] that candidates, political committees, and contributors abide by the contribution limitations that are provided in the statute.”
In his statement, the Commissioner said, “This office will continue to review Judge Lovell’s October 3rd Order as well as any additional orders issued by the courts to determine the current status of the laws relating to campaign contributions.”
UPDATE: Today, the Commissioner has issued an additional statement regarding the Court of Appeal’s decision: “The result of the Ninth Circuit order is that contribution limits are in effect and will be enforced.”
October 9, 2012 •
Tuesday Campaign Finance and Ethics News
Keep up with the latest government relations news with these articles:
Campaign Finance
“Members’ PACs Test Unregulated Spending” by Eliza Newlin Carney in Roll Call.
“Harvard Law professor talks campaign finance corruption” by Ben Atlas in the Michigan Daily.
South Carolina: “Groups calling for probe into Harrell spending” by Meg Kinnard (Associated Press) in the Spartanburg Herald-Journal.
Ethics
“Texas Ethics Commission fines Texas Rep. Allen Fletcher” by Caleb Harris in the Tomball Magnolia Tribune.
“Edward Wasserman: TV ‘watchdogs’ quiet as political ad cash rolls in” by Edward Wasserman in the Bellingham Herald.
South Carolina: “This year’s ‘hot’ SC campaign issue? Ethics” by Adam Beam in The State.
Elections
“Across the electoral map, a mixed picture for candidates down the ballot” by Karen Tumulty in the Washington Post.
October 8, 2012 •
California FPPC Delays Review of Campaign and Gift Regulations
Staff will obtain additional public input
The Fair Political Practices Commission has announced cancellation of the October 18, 2012 meeting. Regulations previously scheduled for review included a requirement for political committees to report expenses associated with online communications such as blogs, Facebook, and Twitter. Biennial adjustment reviews of campaign contribution limits, voluntary expenditure ceilings, and gift limits have also been postponed.
These and other potential regulation changes are tentatively scheduled to be considered during the December 13, 2012 commission meeting at 10:00 a.m. The meeting will be held in Board Chambers Room 310, County Administration Center, 1600 Pacific Highway, San Diego, California 92101.
October 8, 2012 •
Monday News Roundup
Start the week off right with these government relations news articles:
Campaign Finance
“Big donors give far and wide, influencing out-of-state races and issues” in NBC News.
“Prosecutors face off over suspect campaign activity” by Jeremy Duda in the Arizona Capitol Times.
“Connecticut firm at center of new ‘Citizens United’ controversy” by Michael Beckel in the CTMirror.org.
“Boutique PACs making big splash in surprise races” by Susan Davis in the Indianapolis Star.
Ethics
“Congressional ethics committees protect legislators, critics say” by Scott Higham in the Washington Post.
“Congress members back legislation that could benefit themselves, relatives” by Kimberly Kindy, David S. Fallis and Scott Higham in the Washington Post.
Florida: “Ethics commission ‘wish list’ waiting for Legislature” by Matt Dixon in the St. Augustine Record.
Campaigns and Elections
“Voter Data: What the Candidates Know About You” by Elana Varon in Mashable.
“Campaigns Use Social Media to Lure Younger Voters” by Jenna Wortham in The New York Times.
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.
