January 3, 2012 •
Montana Court Blocks Corporate Expenditures
Citizens United
The Montana Supreme Court has held the state law prohibiting independent political expenditures by a corporation related to a candidate is constitutional.
Finding Citizens United v. FEC did not compel invalidating the state’s 1912 Corrupt Practices Act, the majority opinion of the Montana Supreme Court in Western Tradition Partnership, Inc. v. Attorney General of the State of Montana states, “The corporate power that can be exerted with unlimited political spending is still a vital interest to the people of Montana.”
The Court concludes the state, because of its history and the history of the Act, has a compelling interest to impose statutory restrictions, emphasizing the Citizens United decision allows restrictions to be upheld if the government demonstrates a sufficiently strong interest.
In making its argument, the decision asserts that a “material factual distinction between the present case and Citizens United is the extent of the regulatory burden imposed by the challenged law.” The Court found in contrast to the “complexity and ambiguity” of restrictions for federal PACs, PACs formed and maintained in the state are “easily implemented” by the filing of “simple and straight-forward forms or reports.”
January 2, 2012 •
News You Can Use Digest – January 2, 2012
Here are highlights from the latest edition of News You Can Use:
Federal:
Fundraisers Take a Gamble on Lotteries
Romney Charity Used for Conservative Donations
Ron Paul’s House Record Marked by Bold Strokes, and Futility
From the States and Municipalities:
California
Business Interests Were Top Bill-Killers in California’s Capitol This Year
California
State Senator Aims to Double Lobby Fee in California – to 14 Cents a Day
Colorado
Gessler Issues 2012 Campaign Finance Rules
Florida
Palm Beach County Approves Countywide Lobbyist Registry
Ohio
Jimmy Dimora Faces Trial as Convictions in Federal Court Soar
South Carolina
Colbert Offering $500,000 to Pay for S.C. GOP Primary
Tennessee
Tennessee Lawmakers Still Haven’t Filled Ethics Commission Seat That Expired in ’09
Washington
Court Invalidates Washington State Cap on PAC Donations
West Virginia
Ethics Agency’s Informal Advice Kept Secret
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 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 30, 2011 •
Super PAC Donors Remain Unknown
Politico reports today how – thanks to loopholes – Super PACs are able to keep their donors secret throughout the first four GOP contests: the Iowa caucuses and primaries in New Hampshire, South Carolina, and Florida.
You can find Politico’s coverage in “Super PACs go stealth through first contests” by Dave Levinthal and Kenneth P. Vogel.
According to the article, some in the Federal Election Commission are calling for a change of the rules to allow for greater disclosure:
The disclosure rules may need to be updated to reflect the rise of super PACs as driving forces in presidential politics, two Democratic FEC commissioners suggested in interviews with POLITICO. “Super PACs are functioning as the alter egos of the campaigns, and their activity was clearly not anticipated when the statutes were put in place,” said Ellen Weintraub, a Democratic FEC appointee. The commission, she said, “should reconsider the regulations about caucuses and disclosure or at least take a hard look at them.”
December 29, 2011 •
2012 Campaign Spending Expected to Top $100 Million in Michigan
Special interests are expected to be big donors in upcoming elections.
Spending in Michigan’s upcoming Congressional and state Supreme Court elections could be near $100 million in 2012.
The decision of the U.S. Supreme Court’s Citizens United case in 2010 which made it possible for special interest groups to spend unlimited funds supporting thier candidates of choice has caused an explosion of campaign related spending that is becoming more apparent while more and more campaigns are underway.
Now that those who have large amounts of money can freely support campaigns with any amount of money, money from special interests is expected to make up a large proportion of the overall total campaign spending in the upcoming elections.
Read this article by Angela Wittrock to learn more.
December 29, 2011 •
Campaign Finance Reporting Rule Issued for Colorado
2012 primary candidates must begin filing biweekly campaign-finance reports Jan. 30
A rule issued Tuesday, December 27th by Colorado Secretary of State Scott Gessler requires candidates who plan on being in Colorado’s 2012 primary election to begin filing biweekly campaign-finance reports January 30th. This rule was issued with a statement saying that the Secretary of State hopes that the issue will be taken up by the General Assembly when they convene.
After the primary date was moved earlier this year from August to June by the General Assembly, Gessler altered the filing deadlines, initially adopting rules that would require biweekly reporting to begin next September and until then, reports to be filed either quarterly or monthly.
State lawmakers argued that Gessler didn’t have the authority to change the reporting schedule, and this month the Legal Services Committee voted to not include this rule on the grounds that Gessler had overstepped prompting this issuance of the new rule.
The rule issued Tuesday says candidates are not required to file retroactive reports covering July through December 2011.
To learn more, read this article by Sara Burnett.
December 26, 2011 •
News You Can Use Digest – December 26, 2011
Here are highlights from the latest edition of News You Can Use:
Federal:
FEC Quashes New Disclosure Rules
Super PACs: The bad cops of 2012
From the States and Municipalities:
Alaska
Pebble Opponent Fined for Flying Candidates to Villages
Arizona
Arizona Prosecutor Won’t Charge Politicians Who Took Free Tickets, Trips from Fiesta Bowl
California
California Lobbyists Write Checks to Legislators Running for Congress
Colorado
Gessler, Lawmakers Clash on Campaign Finance Deadlines
Connecticut
Draft Report Renews Fears about Watchdogs’ Autonomy
District of Columbia
D.C. Council Overhauls Ethics Laws
Illinois
Donor to Madison County Judge Says Contribution Looks Bad, But Isn’t
Kentucky
Ex-Lobbyist Jack Abramoff to Speak at Kentucky Legislative Ethics Session
Maryland
Baltimore County Council Scales Back, Passes Ethics Reform Bill
Utah
Utah Lawmaker Resigning Due to Fundraising Ban
Washington
Firm Agrees to Big Fine over Tactics in Political Campaign
Wisconsin
State Elections Board Should Be Replaced, Assembly GOP Leader Says
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 22, 2011 •
Court Upholds NYC Campaign Finance Laws
Laws Found Constitutional After Citizens United
NEW YORK CITY, NEW YORK: The Second Circuit Court of Appeals has dismissed a challenge to the city’s campaign finance laws.
The laws which prohibit corporate contributions to political campaigns and require candidates to disclose contributions from people and groups that do business with the city were found to not violate constitutional free speech rights and to appropriately address the risk of corruption.
The plaintiffs argued that the U.S. Supreme Court’s 2010 decision in Citizens United v. Federal Election Commission made the laws unconstitutional. The Court rejected that argument, finding that Citizens United applies only to independent corporate expenditures, and not to contributions limits such as those enacted by New York City.
Photo of the Thurgood Marshall United States Courthouse by Americasroof on Wikipedia.
December 19, 2011 •
NYC Campaign Finance Board Executive Director Testifies about Citizens United
Council Considers Resolution to Reverse Citizens United with Constitutional Amendment
Amy Loprest, Executive Director of the New York City Campaign Finance Board, testified last Friday before the City Council about the effects of the Citizens United decision on New York City’s campaign finance regulation.
According to their press release:
“Campaign Finance Board Executive Director Amy Loprest testified before the City Council Committee on Governmental Operations regarding the Supreme Court’s 2010 Citizens United decision earlier today. The Council is considering a resolution that calls for a Constitutional amendment to reverse the decision and establish that corporations are not entitled to the same rights as natural persons.”
“Recognizing a First Amendment right where none had previously been found, Citizens United opened the floodgates to allow massive amounts of unlimited—and too often, undisclosed—independent spending by corporations, unions, and other groups,” Loprest said.
Here is a link to a pdf file of the entire testimony.
December 19, 2011 •
Campaign Money in Rhode Island
A list of the state’s politicians with the most campaign funds.
GoLocalProv.com published a snapshot of campaign fundraising in Rhode Island. They compiled a list of the candidates with the top figures in campaign funds as the state enters the race toward the 2o12 elections.
The list is topped by U.S. Senator Sheldon Whitehouse (D-R.I.), U.S. Senator Jack Reed (D-R.I.), and state General Treasurer Gina Raimondo. You will also find Governor Lincoln Chaffee at the number 9 position, as well as a number of mayors, state senators, and state representatives in the list.
Read the full article at “Top 25 Richest Politicians in Rhode Island” by Dan McGowan.
December 19, 2011 •
News You Can Use Digest – December 19, 2011
Here are highlights from the latest edition of News You Can Use:
Federal:
FEC Dysfunction Not Just Politics, it’s Personal
Gingrich’s Book-Selling Efforts Test Law
From the States and Municipalities:
California
California Web Site’s Glitches Block On-line Tracking of Campaign Donations
California
Measure to Curb Union, Corporate Clout Qualifies
Georgia
Report: No evidence Deal worked to fire ethics officials
Indiana
Ex-Chief’s Indictment Is Latest Black Eye
Maryland
Bereano Settles Ethics Charges for $2,750
Maryland
Leslie Johnson Gets One-Year Sentence
Missouri
Kander Files Ethics Bill That Would Bar Lobbyist Gifts
Montana
State Wins First Round in Suit Testing Montana’s Campaign Disclosure Laws
New Mexico
New Mexico Judge’s Bribery Case Is One for the Books
New York
North Carolina
Perdue Fundraiser Gets Probation, $25,000 Fine
Wisconsin
U.S. Appeals Court Strikes down Part of State Election Law
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 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 15, 2011 •
California Campaign Transparency Website is Still Down
Secretary of State unable to give a date when the system will be back online.
California’s campaign finance online database, the Cal-Access system, has been out of service for two weeks leaving people unable to search the state’s political contribution and lobbying reports.
The Los Angeles Times reported about the situation in “Campaign database still down, prompting calls for investigation” by Patrick McGreevy.
According to the article, “State Sen. Leland Yee (D-San Francisco) announced Wednesday that he is introducing legislation to double the registration fees paid by the state’s 1,000 lobbyists to finance proper maintenance of Cal-Access.”
December 14, 2011 •
Missouri Ethics Bill Would Ban All Lobbyist Gifts
State Representative Jason Kander introduced a sweeping ethics bill today that would ban all lobbyist gifts.
The bill, HB1080, also includes strict limits on campaign contributions and a ban on legislators working as political consultants.
Kander believes the gifts, along with six-figure campaign donations, allow special interests to gain improper influence.
The bill would limit campaign contributions to $500 for House races, $1,000 for the Senate and $2,000 for statewide elections.
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.