December 12, 2012 •
Montana Judge Dismisses Some Counts in Campaign Finance Case
American Tradition Partnership
A Montana judge has dismissed parts of a complaint brought by an organization seeking to block disclosure of its activities that the state believes to be political activity.
On Monday, December 10, 2012, District Court Judge Jeffrey M. Sherlock issued an order dismissing five counts from the court complaint of American Tradition Partnership (ATP), striking additional requests for relief made by ATP, ordering ATP to comply with previously made discovery requests, and requiring ATP to pay the attorney fees and costs incurred by the state in bringing the initial motion to discovery and the motion for sanctions.
Judge Sherlock was upset at ATP’s apparent refusal to comply with his orders, writing, “Never in this author’s 24 years on the bench has he had a litigant flatly refuse to comply with two discovery orders.”
ATP had initially brought the court action against the state in 2010 to prevent Montana from classifying the organization as a political committee required to disclose expenditures and contributions. ATP maintains it is an educational organization not subject to political disclosure and disclaimer statutes.
The organization, known as Western Tradition Partnership (WTP) when it initially filed suit, additionally maintains the state’s statutes are unconstitutional and has repeatedly raised this objection is its discovery responses. Judge Sherlock ended his decision decreeing, “The Court is no longer interested in hearing WTP’s objections. All the Court wants is answers to the questions that have been propounded.”
December 12, 2012 •
New York Attorney General Proposes Expanded Campaign Finance Disclosure
Proposal focuses on money spent by tax-exempt groups.
New York Attorney General, Eric T. Schneiderman, issued a draft regulation that could lead to massive changes in the way political spending is disclosed. The proposed regulation would require any tax-exempt group that does business in the state to disclose what percentage of its total spending went to political activities.
This means that any group who spends money in New York in support or opposition of a candidate would be forced to disclose its spending. Further, once the group has spent over $10,000 for state elections, it will have to disclose each individual donor who gave $100 or more.
The proposed regulation does allow for a waiver to be granted if the group feels that disclosure of names could lead to serious threats or harassment. The proposal calls for disclosure during the six months before any Election Day in the state.
Public hearings must be heard on the proposed regulation, but the attorney general may unilaterally approve the final regulation. If approved by the attorney general, the rules could be placed into effect in time for the upcoming New York City mayoral election.
December 12, 2012 •
Wednesday Government Relations News
Keep up with the latest articles on lobbying, campaign finance, ethics, redistricting and more!
Lobbying
“Forbes-Tate Lures Boehner Aide to K Street” by Kate Ackley in Roll Call.
“Businesses Bet K Street Can Sway Debate” by Kate Ackley in Roll Call.
“Businesses Are Spending on Lobbying Instead of Jobs” by Jacob Feldman in U.S. News & World Report.
Campaign Finance
Minnesota: “Campaign finance board seeks new income to fund its work” by Rachel E. Stassen-Berger in the Star-Tribune.
Minnesota: “Minnesota’s Campaign Finance Board looks at expanding authority” by Cyndy Brucato in MinnPost.com.
Montana: “Judge tosses Montana campaign finance case” by Marnee Banks in KAJ18 News.
New York: “Local leaders push campaign finance reform bill” by Anthony Borelli in the Press & Sun-Bulletin.
New York: “Attorney General Seeks to Force Disclosure of More Political Donors” by Nicholas Confessore in The New York Times.
Ethics
“Empty Ethics Posts Draw Critics’ Ire” by Amanda Becker in Roll Call.
New York: “Deposed State Sen. Monserrate Gets 2 Years for Campaign Finance Scheme” on CBS News.
Redistricting
Arizona: “Court rules Arizona redistricting commission must follow open meeting laws” by Paul Davenport (Associated Press) in the Arizona Capitol Times.
Ohio: “New plan surfaces to redraw districts” by Jim Siegel in the Columbus Dispatch.
Government Tech and Social Media
“2012 Year in Review: Social Media” by Elaine Pittman in Government Technology.
“Feds with Klout” by Joseph Marks in Nextgov.
December 11, 2012 •
Akron City Council Raises Campaign Contribution Limits
New limits effective for 2013 elections
Akron City Council has increased the city’s campaign contribution limits, to take effect for the council elections in 2013.
The limit for mayoral and at-large candidates will increase to $650 from $450, and the limits for ward council candidates will increase to $400 from the current $200 limit.
The limits were previously raised in February 2011.
December 11, 2012 •
Campaign Finance Bill Introduced in New York City
Mixed reactions amongst city leaders concerning possible new rules
The city council has introduced a bill that would change the way unions and corporations, among others, could contribute to elections. The bill, introduced by Councilmember Rosie Mendez, would remove contribution limits on unions or other membership organizations and corporations for communications aimed at its members, stockholders, or employees. The only catch would be that the union or corporation must use reasonable efforts to restrict the communication to its members, employees, or stockholders.
Those in favor say that it will allow a small non-profit group to disseminate a candidate’s photograph in its newsletter. Councilmember Gale Brewer said, “You cannot put a television ad, you cannot do that now, and have a communication. This is just member to member.”
However, not everyone agrees. Amy Loprest, executive director of the city’s campaign finance board said, “I think we have one of the best campaign finance laws in the country, and this is a big step backwards.”
The bill was sent to the council’s committee of governmental operations where a hearing will be held on Thursday. A full city council vote could come as soon as next week. At this point, it is impossible to tell whether the council will pass the bill. But, either way, it is sure to drum up some strong emotions during debate.
Photo of the New York City Hall courtesy of Howrealisreal on Wikipedia.
December 11, 2012 •
San Francisco’s Campaign Reporting System Gets Upgrades
Committees required to create new SFEDS account
The Ethics Commission has announced a system upgrade to the electronic filing system for campaign committees, available here. The San Francisco Electronic Disclosure System (SFEDS) now offers additional features including streamlined data entry, page help for every form, and an easier amendment process.
Committees will need to create a new user account, which will link to the existing committee filer account. The new user account will act as a gateway to access all accounts of multiple committee filers. The next filing deadline for committees is January 31, 2013.
Assistance is available by contacting the commission at 415-252-3100 or by e-mail.
December 10, 2012 •
Monday News Roundup
Let’s start off the week with these lobbying, campaign finance, and ethics news articles:
Campaign Finance
“2012 presidential election nearing all-time record, final campaign finance reports show” by The Associated Press in The Washington Post.
Arkansas: “3 GOP lawmakers fined by Ark. ethics commission” in the San Francisco Chronicle.
District of Columbia: “Reneging on campaign finance reform” column by Jonetta Rose Barras in the Examiner.
Texas: “Contributions Blackout Serves Many Functions” by Ross Ramsey in The New York Times.
“Bad News for Campaign Finance” editorial by David Firestone in The New York Times.
Lobbying
“Think Tanks or Partisan Advocates? Distinction Is Getting Harder to See” by Janie Lorber in Roll Call.
Florida: “Former lobbyist Allison Tant joins race to lead Florida Democratic Party” by Adam C. Smith in the Tampa Bay Times.
Texas: “Ex-Arlington lawmaker forms lobbying firm” by Maria Recio, Anna M. Tinsley and Scott Nishimura in the Star-Telegram.
Wyoming: “Groups challenge Wyoming lawmakers’ lack of transparency with ALEC” by Joan Barron in the Star-Tribune.
Ethics
District of Columbia: “DC lottery contract is subject of federal probe” by Ben Nuckols in Bloomberg BusinessWeek.
West Virginia: “W.Va. Ethics Commission director gets exemption” by The Associated Press in the Herald-Dispatch.
Redistricting
“Redrawn districts complicate inquiries to incoming representatives” by Brad Shannon in The Olympian.
“Redistricting fight puts Doggett in awkward situation” by Tim Eaton in the Austin American-Statesman.
Government Social Media
“North Carolina Archives Social Media” by Colin Wood in Government Technology.
December 10, 2012 •
FEC Issues Advisory Opinion Concerning Excess Funds to SuperPAC
AO 2012-34 – Freedom PAC and Friends of Mike H
The Federal Election Commission issued an Advisory Opinion on December 6, 2012, concluding a federal candidate’s campaign committee may make a contribution to an independent expenditure-only committee from funds raised for the federal candidate’s terminated political campaign.
Friends of Mike H, the principal campaign committee of former candidate Mike Haridopolos, requested an opinion to determine whether it could give $10,000 or more of its excess funds raised for Mr. Haridopolos’s 2012 U.S. Senate primary election campaign in Florida, from which he withdrew, to an independent expenditure-only committee called Freedom PAC. Currently, Mr. Haridopolos does not hold federal office and is not seeking any elected federal office.
Because Friends of Mike H. is not using its funds for personal use or for any unlawful use, the Commission found Mr. Haridopolos’s political committee may make its requested contributions to Freedom PAC. The Commission also noted that “amount limitations are generally unconstitutional as applied to contributions that will be used to finance independent activity.”
December 7, 2012 •
News You Can Use Digest – December 7, 2012
Here are highlights from the latest edition of News You Can Use:
Federal:
2012 Presidential Election Nearing All-Time Record, Final Campaign Finance Reports Show
McConnell Pushes Back against Campaign Finance Reform Efforts
From the States and Municipalities:
California
Sacramento Lobbyist Dinged for Coalition Letter
District of Columbia
Mendelson: No time left for campaign finance reform this session
Illinois
Mel Reynolds Announces Congressional Run, Admits ‘Mistakes’
Maryland
Judge Says Ex-Delegate Tiffany Alston Is out; Committee Can Withdraw Hall’s Nomination to Seat
Michigan
Michigan State Representative Cleared by SOS in Election-Rigging Plan
Missouri
Missouri House GOP Plans Campaign Finance, Ethics Bill
Nevada
Secretary of State Goes to Court to Force AFP to Reveal Donors
New Jersey
Trenton Mayor Tony Mack Is Indicted on Federal Corruption Charges
North Carolina
Gov.-elect Pat McCrory Still Employed by Law Firm That Lobbies the State
Wisconsin
Incoming Senate Leader Favors Political Appointees over Judges on GAB
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.
December 6, 2012 •
Thursday Lobbying and Campaign Finance News
Here are some great articles for today’s government relations news summary:
Lobbying
“On the cutting edge of ‘fiscal cliff’ lobbying” by Dan Eggen & T.W. Farnam in the Washington Post.
“Lobbying Heats Up Over Online Gambling Bill” by Juliana Gruenwald in NationalJournal.
“Lobbyists Could See More Curbs Arising From Campaign Finance Movement” by Eliza Newlin Carney in Roll Call.
Maryland: “Top aide to Md. governor leaving for lobbying firm” by The Associated Press in WTOP.com.
Philadelphia: “District adds voice to lobby-law dispute” by Will Bunch in the Philadelphia Inquirer.
Philadelphia: “City Ethics Board To Review Lobbying Complaints Against William Penn Foundation” by Mike DeNardo in CBS News Philadelphia.
Utah: “Shurtleff to take federal lobbying job” by Matt Canham in The Salt Lake Tribune.
Campaign Finance
“McConnell pushes back against campaign finance reform efforts” by Alexander Bolton in The Hill.
“Raese continues to fight campaign finance limits” by Ry Rivard in the Charleston Daily Mail.
“FEC: Angle Violated Campaign Finance Laws” by The Associated Press in CBS News Las Vegas.
“Campaign Finance — Solved!” by John Haber in The Huffington Post.
“Why lobbyists dislike Citizens United” by Timothy P. Carney in The Examiner.
Ethics
Florida: “State ethics commission: State Rep. Erik Fresen may have failed to disclose personal finances” by Mary Ellen Klas in the Miami Herald.
South Carolina: “State House expands ethics committee, eliminates partisan dominance” by Stephen Largen in the Post and Courier.
West Virginia: “W.Va. Ethics Commission director to step down” by The Associated Press in the State Journal.
November 30, 2012 •
News You Can Use Digest – November 30, 2012
Here are highlights from the latest edition of News You Can Use:
Federal:
Jesse Jackson Jr. Resigns from Congress, Acknowledges Federal Probe
From the States and Municipalities:
California
Ex-Treasurer to Democrats Receives 8-Year Sentence
California
State Lawmaker Brothers Accused of Money Laundering
District of Columbia
Crafting D.C. Ethics Bill Proving Difficult
Florida
State Ethics Commission Says Jacksonville Council Member’s Poker Party is OK
Georgia
Legislators Ask Governor to Let Indicted Victor Hill Take Office of Sheriff on January 1
Indiana
Indiana House Speaker Brian Bosma Criticized for Hiring Lobbyist
Maine
Anti-Gay Marriage Group Fined by Maine Ethics Commission
Missouri
Freebies from Lobbyists Becoming Harder to Track in Missouri
North Carolina
Appeals Court Throws Out Suit Testing ‘Stand by Your Ad’
Pennsylvania
Former Pennsylvania Democratic Leader Mellow Would Set ‘Record’ by Going to Jail
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.
November 29, 2012 •
Thursday Campaign Finance and Lobbying News
Here are a few articles for today’s government relations news summary:
Campaign Finance
“Gessler: Campaign finance laws fail” by Joe Hanel in the Durango Herald.
Lobbying
“Ex-Rep. Davis, Bates Team Up” by Kate Ackley in Roll Call.
“Activists press SEC to expose political giving of US companies” by Kevin Bogardus in The Hill.
Ethics
“Ethics Commission to consider taking over watchdog job from Austin prosecutors” by Mike Ward in the Austin American-Statesman.
Government Tech
“Dashboard Government: The Politics of Measurement” by David Eaves in Politico.
November 28, 2012 •
San Francisco Ethics Commission Announces Recommended Reforms
Discussion topics will consider following L.A.’s example
The Ethics Commission will conduct two interested persons meetings following a report comparing the city’s campaign finance, enforcement, and lobbying laws with the laws of the city of Los Angeles.
Discussion topics include whether or not the city should increase pay-to-play restrictions, prohibit political contributions from lobbyists, and whether to adopt more stringent enforcement policies.
The meetings are scheduled for Tuesday, December 4, 2012 at 5:30 p.m. in Room 408 of City Hall and for Monday, December 10, 2012 at 2:00 p.m. in Room 416 of City Hall.
Feedback may also be sent by email to ethics.commission@sfgov.org.
November 28, 2012 •
Wednesday Government Relations News Roundup
Here are the latest articles about campaign finance, lobbying, and ethics:
Campaign Finance
“Column: Campaign-finance tweaks can fix big problems” editorial by Peter Schweizer in USA Today.
Missouri: “Missouri House Democrats propose new campaign finance restrictions, stiffer ethics rules” by Chris Blank (Associated Press) in The Republic.
Lobbying
“Lobbying group’s next president expected to fight White House rules” by Kevin Bogardus in The Hill.
“Marlowe to Step Down as Head of American League of Lobbyists” by Andrew Ramonas in The Blog of Legal Times.
“Lobbying World” in The Hill.
“Lobbying, America’s One Truly Unstoppable Growth Industry” by Jim Geraghty in the National Review.
“When ‘Super PACs’ Become Lobbyists” editorial in The New York Times.
“VIDEO: Rep. Shuler Said He Wouldn’t Become A Lobbyist; Now He Will” by David Halperin in The Huffington Post.
Florida: “Slow revolving door to lobbying in Fla. Capitol” editorial in the Orlando Sentinel.
Florida: “Dorworth has a new career – as a lobbyist” by Jason Garcia in the Orlando Sentinel.
Ethics
New York: “Ethics panel investigating New York Republican” by The Associated Press in CBS News.
Pennsylvania: “Ethics board fines Philadelphia official for Facebook posts” by Dave Davies in Newsworks.
Redistricting
Montana: “Redistricting panel works on Montana Senate boundaries” by The Associated Press in the Billings Gazette.
Ohio: “Ohio Supreme Court upholds legislative maps” by Jim Siegel in the Columbus Dispatch.
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.
