Campaign Finance
“Ethics czar angers bloggers with proposal to shine light on campaign pay” by Patrick McGreevey in the Los Angeles Times.

“Contributions to PACs in Vt. may be known soon” by Dave Gram (Associated Press) in the Bennington Banner.

Lobbying

Minnesota:  “Lobbyist fined who donated to Davids’ campaign” by Heather J. Carlson in the Post-Bulletin.

Redistricting

Arkansas: “Judges uphold Senate district redistricting” by John Lyon in the Arkansas News.

Elections

Kansas: “Ex-lawmaker named elections official” by The Associated Press in the Lawrence Journal World.

Procurement

“Contractor suspensions and debarments on the rise, says White House” by Charles Clark in Government Executive.

The Bergen County, New Jersey Board of Chosen Freeholders will consider revising its pay-to-play ordinances on Wednesday, September 19.

Bergen County has only had its local pay-to-play ordinance since December. According to NorthJersey.com, proposed changes “would strip the requirement that contractors report their contributions to candidates on the municipal, state, and federal level, leaving only county campaigns on the mandatory reporting form.”

While the proposal was introduced on September 12 and is scheduled for an October 3 consideration, the Freeholder’s agenda lists the ordinance introduction for Wednesday.

Lobbying

“At Holland & Knight, lobbyists no longer have corner offices” by Catherine Ho in the Washington Post.

Florida: “Lobbyist’s lobbying group coming to Jacksonville for annual conference” by Matt Dixon in the Florida Times-Union.

Campaign Finance

“Poll: Americans largely in favor of campaign spending limitations” by Morgan Little in the Los Angeles Times.

“Republican super PACs ramp up spending in House races” by Jake Sherman in Politico.

District of Columbia:  “Michael A. Brown’s missing campaign funds” in the Washington Post.

Washington: “Parties pouring cash into race for governor” by Andrew Garber and Justin Mayo in the Seattle Times.

Elections

“Voter Information Guides Go Social With TheBallot.org” by Sarah Lai Stirland in TechPresident.

Ethics

Georgia: “Ethics commission: State has defanged its watchdog” by Chris Joyner in the Atlanta Journal-Constitution.

New Hampshire: Opinion piece by Grant Bosse,“Election laws grow more confusing” in the New Hampshire Watchdog.

Social Media

“Could a workplace social network replace email and phone? One agency thinks so.” by Joseph Marks in NextGov.

“Facebook knows how to trick you into voting” by Kevin Charles Redmon in Nextgov.

The West Virginia Supreme Court has struck down the state’s public campaign financing pilot program.

The program, similar to other programs invalidated in Arizona and Nebraska, provided additional public financing to candidates whose privately-financed opponents made expenditures beyond a certain amount.

The court held that West Virginia’s program violated privately-financed candidates’ free speech rights by essentially preventing them from making expenditures in order to avoid their opponents’ receipt of additional funds.

Campaign Finance

“House Dems push new campaign finance reform” by T.W. Farnam in the Washington Post.

“FEC move on wireless campaign contributions could aid Democrats” by Adam Mazmanian in Nextgov.

“Groups Ask Appeals Court to Keep Issue-Ad Donors Secret” by Tom Schoenberg in Bloomberg News.

“US election system criticised over finance rules and voting restrictions” by Karen McVeigh in The Guardian.

Minnesota:  “Campaign Finance Board stands by ‘John Doe decision’” by Tom Scheck in MPR News.

“’Citizens United’ on the Corporate Court” by Jamie Raskin in The Nation.

Lobbying

“Lansing lobbyists’ spending on record pace” by Rich Robinson in the Michigan Campaign Finance Network.

Ethics

“Gov. Christie to stop showing GOP-produced video before town hall meetings” by Jenna Portnoy in the Star-Ledger.

Social Media

“New Tool Verifies Authenticity of Gov’t Social Media Sites” by John K. Higgins in E-Commerce Times.

Redistricting

“Serious problems still exist’ with redistricting maps, attorney tells Pennsylvania Supreme Court” by Nick Malawskey in the Patriot-News.

City Council has approved campaign reform measures for candidates and political committees. The new ordinance raises contribution limits to candidate campaigns from $500 to $700 in council races and from $1,000 to $1,300 in citywide races.

Beginning in 2015, public matching funds will be given for donations raised only within city limits. To be eligible for the city money, candidates will have to collect contributions from at least 200 people living in the district they hope to represent.

Beginning next year, candidates will also be eligible for increased matching funds, including four public dollars for every dollar contributed during the general election and two dollars for every dollar contributed during the primary. Donors will also be able to give to campaigns via text message.

The ordinance is scheduled for a final vote next week.

Photo of Los Angeles by Bobak on Wikipedia.

National:

Democrats Risk No Female Governor, First Time in 17 Years

U.S. Election System Criticized Over Finance Rules and Voting Restrictions

Federal:

Andrews Used wife to Vet Use of Campaign Funds on Trip

Look-Alike Sites Funnel Big Money to Mystery PAC

From the States and Municipalities:

Arizona

Ex-Fiesta Bowl Lobbyist Takes Plea Deal in Probe

Illinois

Appeals Court Upholds Illinois Campaign Disclosure Law

Minnesota

Despite Campaign Finance Ruling, Regulators to Continue Requiring Disclosures

Montana

Republicans Ask Court to Axe Montana’s Campaign Contribution Laws

Nebraska

AG: Sen. Council withdrew campaign funds at casinos

New Jersey

Mayor of NJ’s Capital Arrested in Corruption Probe

New York

Under Scrutiny, JCOPE Speaks

West Virginia

West Virginia Court Candidate Denied ‘Rescue Funds’

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.

Lobbying

“Lobbyists Keep Busy Despite Legislative Lull” by Kate Ackley in Roll Call.

“How Many Lobbyists Are Really Breaking the Law?” by Elahe Izadi in the National Journal.

Campaign Finance

Montana: “Republicans ask court to axe Montana’s campaign contribution laws” by Matt Gouras (Associated Press) in The Republic.

New Jersey: “Political action committees gave $18M to N.J. campaigns last year, analysis shows” by Matt Friedman in the Trenton Times.

Redistricting

Ohio: “Ohio Supreme Court says ballot summary for redistricting issue is inaccurate” by Joe Guillen in the Plain Dealer.

Pennsylvania: “Supreme Court to hear redistricting arguments today” in the Pittsburgh Post-Gazette.

Ethics

“HHS chief violated law restricting political activity, OSC finds” by Eric Katz in Government Executive.

“Scandals are making uphill battles even steeper for some lawmakers” by Alexandra Jaffe in The Hill.

Alaska: “APOC says Senate candidate failed to disclose clients” by Richard Mauer in the Anchorage Daily News.

Social Media and tech

“You Gotta Have Friends: New Study Shows Facebook Can Get Out the Vote” by Micah L. Sifry in TechPresident.

“Study: Facebook drove turnout in 2010” by Steve Friess in Politico.

“Facebook to Cities: Change Page Names, or Else” by Noelle Knell in Governing.

“Web pioneer providing voter database for free” by Gregory Korte in USA Today.

A federal appeals court in Chicago upheld an Illinois state law regarding disclosure related to campaign advertisements. The Center for Individual Freedom, a Virginia based advocacy group, sued the state, claiming that its First Amendment rights were violated by a law that requires all entities, regardless of whether their main purpose is influencing elections, to register and report as a political committee once it spends $3,000 for independent expenditures in a 12-month period.

In dismissing the case, the court ruled this law did not violate the free speech rights of organizations. The case was originally dismissed in district court last year on the same grounds.

This continues an ongoing cycle where groups are suing states, and obtaining mixed results, for the state’s disclosure laws based on the Supreme Court’s landmark Citizens United decision in 2010. Most experts believe these cases will eventually end up in Supreme Court, where the nation’s highest court will determine whether states can force groups to disclose donors who wish to remain anonymous.

“Swing-State Stations Are Election Winners” by Amy Schatz and Suzanne Vranica in the Wall Street Journal.

“Political Spending on Television Media Projected to Reach $5.2 billion” by Cirina Catania in Technorati.

“Political Ad Season Has Really Begun” by Elspeth Reeve in The Atlantic.

“Political Perceptions: Ad Burnout Ahead?” by Gerald F. Seib in the Wall Street Journal.

“Ind. political ads suspended on 9/11” by The Associated Press in WISH TV.

“Ads: A state-by-state breakdown of who’s spending where” by Domenico Montanaro on NBC News.

Lobbying

“ALEC Finds New Friends” by Janie Lorber in Roll Call.

Arizona: “Ex-Fiesta Bowl lobbyist takes plea deal in probe” by Craig Harris in the Arizona Republic.

Campaign Finance

“Appeals court upholds Illinois campaign disclosure law” by Nate Raymond (Reuters) in the Chicago Tribune.

Minnesota: “Minnesota to keep enforcing campaign disclosure law; federal judge called part of it ‘onerous’” by Martiga Lohn (Associated Press) in the Minneapolis Star Tribune.

“Nonstop Fundraising Stretch Starts” by Kate Ackley in Roll Call.

“Rahm Emanuel suspends super PAC fundraising” by Kenneth P. Vogel in Politico.

“Shop Talk: Celebrating Campaign Women” by Kyle Trygstad in Roll Call.

“Look-alike sites funnel big money to mystery PAC” by Shaqne Goldmacher in NextGov.

“Corporate Contributions and Disclosure” editorial in the New York Times.

Social Media

“Twitter adopts new targeting method for advertisers” by Steve Friess in Politico.

“Cementing social media’s place in the campaign world” in Campaigns & Elections.

“Social-Media Insights Inspired By Barack Obama, America’s First Truly Social President” by Amber Mac in Fast Company.

“Nine Tech Tips for Starting a New Government Job” by Mark Micheli in Government Executive.

“Social Media Mistakes That Can Ruin Your Government Career” by Mark Malseed in OhMyGov!

Q. Are there any additional compliance requirements of which to be aware because this is a Presidential election year?

 A. In a word, no. However, given the substantial increase in federal, state, and local contributions, it is important to keep in mind some compliance basics during an election year:

• Be aware of what restrictions exist in a specific jurisdiction regarding pre-election contributions and/or communications. Several states have laws restricting contributions within a certain time period of an election. Federally, there are time-period restrictions associated with election communications;
• Track reportable contributions that may only come into play during an election year. For instance, at the federal level, contributions made to an inaugural committee are reportable on the LD-203;
• The same gift laws apply leading up to an election as the rest of the year. Understand the definition of a gift as it relates to a “covered official” from any given jurisdiction and don’t violate it because you happen to be attending an election-related activity, including conventions;
• Most jurisdictions have personal, corporate and/or PAC contribution limits. Be diligent in monitoring contributions so as not to surpass those limits;
• Don’t rely on a “covered official” from any jurisdiction to know his/her jurisdiction’s limits or restrictions. Be proactive in determining restrictions ahead of time; and
• Consider implementing “Election Year” guidelines within your organization to keep everyone on the same page.

In an election year, the increase in activity coupled with jurisdictional differences can make compliance a little trickier. By following these fundamental guidelines, you are more likely to ensure that at the end of the day you can say, “I Comply.” As always, should you have any questions regarding your compliance efforts, don’t hesitate to refer to State and Federal Communication’s on-line source books or contact us directly.

You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.

(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.

National:

Republicans Losing Election Law War as Campaign Ramps Up

Federal:

Parties Raise Record Cash after ‘Soft Money’ Ban

Politics and Truth: Uneasy partners, easy enemies

From the States and Municipalities:

California: Campaigns against Proposition 8 Fined $80,000 for Reporting Violations

District of Columbia: D.C. Corporate Donations Ban Won’t Be on November Ballot

Georgia: Oversight Weak on Expense System for Georgia Lawmakers

Massachusetts: Lobbyists Sue Galvin Over Disclosure Rule

Minnesota: Court Quashes Part of Minnesota’s Campaign Finance Law

Montana: Denny Rehberg, GOP Senate Candidate, Said Lobbyists Are ‘Solution,’ Government Is ‘Enemy’

New York: New York Ethics Inquiry Won’t Look at Speaker’s Actions

New York: NY Super PAC Disclosures May Miss 2012 Elections

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.

The Iowa Ethics and Campaign Disclosure Board issued an advisory opinion clarifying the disclosure rules a trust must follow when making a political contribution.

If a trust raises or spends more than $750 for campaign activities, it will have to register with the ethics board as a political committee.

As a political committee, the trust will have to file periodic reports with the board and will also have to identify the name of the trust, the trustee, and the trustor.

The committee that receives the contribution will also to have to disclose the trust, trustee, and trustor on its disclosure report.

The opinion also restricts prohibited contributors, such as corporations, insurance companies, or banks, from giving money or anything of value to a trust that makes campaign contributions.

The advisory opinion was in response to a 2002 advisory opinion which incorrectly allowed trusts to anonymously give money to political committees for the past 10 years.