The 2010 ethics law increased disclosure requirements for lobbyists, banned campaign committee-to-campaign committee transfers, and gave greater investigative powers to the Missouri Ethics Commission. The court affirmed a circuit court decision holding all provisions of Senate Bill 844, except those relating to procurement, to be in violation of article III, section 21 of the Missouri Constitution, which prohibits changes in the original purpose of a bill. Senate Bill 844 violated this provision by being introduced as an act relating to contracts for purchasing but being passed as an act relating to ethical administration.

Reaction to the decision has been swift and urgent. On January 14, 2012, the same day the opinion was released, the Missouri Ethics Commission stated in a press release that the court’s decision “deals a blow to the Commission’s ability to enforce and administer the law.” Several lawmakers and Governor Jay Nixon quickly called for bills to reinstate the voided provisions. Representative Jason Kander sponsored a bill (House Bill 1756) filed the day after the decision that would reinstate the voided provisions.

Prior to the decision, Kander also sponsored a bill (House Bill 1080) that would go beyond Senate Bill 844 to prohibit gifts from lobbyists and limit campaign contributions. Senate Bills 546 and 825 propose contribution limits. Senate Bill 826, filed by Senator Crowell, would reenact the voided provisions of Senate Bill 844. Currently, Missouri does not have any campaign contribution limits and is the only state to allow lawmakers to receive both unlimited campaign contributions and unlimited gifts from registered lobbyists.

Not all of Missouri’s lawmakers are ready for change. House Majority Leader Tim Jones believes an ethics bill would have a better chance after this year’s elections. Jones notes that both Kander and the governor are proposing limits that will go into effect after their own campaigns benefit from the status quo.  To date, no new ethics bill has been passed in Missouri, by any name.

Image of the Seal of the Missouri Senate by Tom Lemmens on Wikipedia.

Former Massachusetts Treasurer Timothy Cahill was indicted on charges that he used more than $1.6 million in publicly-funded state lottery advertising to promote his gubernatorial campaign in 2010.

According to Attorney General Martha Coakley as noted in the Boston Globe, “Cahill faces charges of violating state ethics laws, violating state procurement laws, and conspiracy charges in connection with both those alleged crimes. The procurement and ethics law violations each carry possible sentences of up to five years in prison and a $10,000 fine.”

For full news coverage, be sure to read:“Timothy Cahill indicted on charges of using official funds for campaign-boosting ads” by Frank Phillips in the Boston Globe.

Here is Cahill’s response to the indictment: “Former state treasurer Timothy Cahill insists he acted to bolster the Massachusetts Lottery, vows to fight state corruption charges” in the Boston Globe.

A US District Court has declared a Federal Election Commission (FEC) regulation regarding disclosure for “electioneering communications” invalid.

The US District Court for the District of Columbia found FEC regulation 11 CFR §104.20(c)(9), which requires disclosure only of those making contributions over $1,000 to an entity for the purpose of furthering electioneering communications, contradicts the statute which requires disclosure of all donors making contributions over $1,000.

Concluding the FEC does not have the authority to narrow the disclosure requirement required by law, the Court declared the regulation invalid by granting the plaintiff, U.S. Representative Chris Van Hollen, summary judgment.

The FEC had argued for the need for the regulation after FEC v. Wisconsin Right to Life, Inc. (WRTL), which concluded corporations and labor organizations were permitted to make expenditures for electioneering communications that did not constitute express advocacy or its functional equivalent. The commission believed requiring only disclosure of funds earmarked for the purpose of furthering electioneering communications appropriately provided the public with adequate disclosure information.

Addressing this argument in the decision, District Judge Amy Berman Jackson wrote, “The [FEC] cannot unilaterally decide to take on a quintessentially legislative function; if sound policy suggests that the statute needs tailoring in the wake of WRTL or Citizens United, it is up to Congress to do it.”

“Federal judge says Federal Election Commission went too far in shielding campaign ad donors” by The Associated Press in the Washington Post.

“US Joins Countries Not Enforcing Campaign-Finance Regulations” by Samuel Rubenfeld in the Wall Street Journal.

Connecticut: “Governor’s controversial campaign finance fix rejected” by Mark Pazniokas on CTMirror.com.

New York: “Albany to begin Act II of legislative session” by Jon Campbell in the Lower Hudson Journal News. Campaign finance will be on the agenda.

Federal:

Democratic Rep. Bobby Rush Escorted from House Floor for Wearing Hoodie in Honor of Trayvon Martin

Payday Lender Political Donors Hidden in Corporate Names

Super PACs Rival Chamber

From the States and Municipalities:

Arizona

After Bowl Scandal, Many Arizona Legislators Still Want Tickets to Baseball Opener

California

Medco Settles California Pension Fund Kickback Case

Delaware

Lobbying Disclosure Bill Shines Critical Sunlight on Lawmaking Process

District of Columbia

D.C. Ethics Law Overhaul Hampered by Hiring Difficulties, Enforcement Duties

Georgia

‘Revolving-Door’ Powers Politics

Hawaii

Judge Confirms Hawaii Can’t Limit Independent Expenditures

Illinois

Employee Gift Ban Recommendation Still Has Few Takers

Iowa

Iowa’s Lobbying Free-for-All

New Mexico

Salinas Seeks High Court Aid

New York

Lobbyists Reaping $220 Million Bonanza

Utah

How Utah’s Capitol Marches to a Mormon Beat

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.

Campaign Finance

“McCain predicts ‘huge’ U.S. campaign finance scandals” by Alina Selyukh (Reuters) in the Chicago Tribune.

“McCain Calls SCOTUS Decision on Campaign Spending ‘Stupid’” by Rebekah Metzler in the Chicago Tribune.

“Beware of the super-PAC: More lawmakers are fearing an ad ambush” by Joe Picard in The Hill.

Montana: “Conservative groups challenging campaign finance law formally seek Supreme Court intervention” by The Associated Press in The Republic.

Lobbying

“Lobbyists reaping $220M bonanza” by Rich Karlin in the Albany Times Union.

“Memo details oil, gas industry lobbying expenditures” by The Associated Press in the News Tribune.

“Review of lobbyist spending prompts House ethics meeting” by Jason Clayworth in the Des Moines Register.

Federal: “Two SEC Commissioners Could Dramatically Change Campaign Finance” by George Zornick in The Nation. ↬via Eric Brown’s Political Activity Law blog.

California: “State political watchdog ramps up enforcement” by Brian Joseph in the Orange County Register.

Connecticut: “Connecticut legislators set focus on campaign finance reform; look to increase transparency” by Jordan Fenster in The Register Citizen.

District of Columbia: “Campaign money orders to cease?” by Jim McElhatton and Luke Rosiak in the Washington Times.

District of Columbia: “D.C. ethics law overhaul hampered by hiring difficulties, enforcement duties” by Mike DeBonis in The Washington Post.

Lawmakers began the 2012 Special Session I last week to consider budget bills including a two-year, $85 billion proposal.

The special session was convened immediately upon adjournment sine die of the 2012 regular session, but was in recess until Wednesday, March 21st.

The House and Senate adjourned in the afternoon on March 21st and will again convene this afternoon on Monday, March 26th to continue the special session.

No person or PAC may make or promise to make a contribution to a member of the general assembly, the governor, lieutenant governor, attorney general, or their campaign committees, during the annual regular session of the general assembly. This ban does not apply to contributions during special sessions.

Photo of the Virginia State Capitol by Amadeust on Wikipedia.

National and Federal

“Can 46 rich dudes buy an election?” by Charles Riley in CNN Money.

“Obama ‘Super’ PAC Donors Among White House Guests” by Jack Gillum (Associated Press) in The San Francisco Chronicle.

“Planners for Democratic convention in Charlotte scramble to raise funds” by David Nakamura in The Washington Post.

In the States

Indiana: “Super PACs start battle in Senate race” by The Associated Press in the Indianapolis Business Journal.

Iowa: “Group wants to close campaign finance loophole” by Rod Boshart in the Sioux City Journal.

Montana: “New arguments filed in campaign finance case” by Matt Gouras in the Great Falls Tribune.

National:

Study: State governments at high risk for corruption

Federal:

Federal Contractors Donate to Super PAC Backing Romney

GOP Super PAC Men Seek to Overturn Donation Limits

Insider Trading Ban for Lawmakers Clears Congress

Senate Dems Push ‘Disclose Act 2.0’

From the States and Municipalities:

Alabama

Key Corruption Trial Attorneys to Be in Benefit

Georgia

Atlanta Ethics Nominee Withdraws Name; Legislation to Give City Council More Power is Shelved

Illinois

Democrats Now Press Smith to Resign

Kansas

Kansas Bill Would Allow Officials to Explain Ballot Items in ‘Plain English’

Wisconsin

Ethics Violations Filed against Prosser

Wisconsin

Supreme Court Dismisses Case Challenging Political Ad 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.

Our Highlighted Site of the Week is the Federal Election Commission’s (FEC) new Campaign Finance Disclosure Portal. The site was announced just yesterday and offers powerful resources allowing the visitor to access campaign finance data sets and perform advanced segmentation. The types of information included are independent expenditures; bundled contributions; candidate and committee summaries; receipts, disbursements, and a cash summary for PACs and National Party committees; leadership PAC and sponsor data; and much more.

According to the FEC’s news release: “The Commission announced the release of a new campaign finance disclosure portal that will simplify access to the wide range of data available on the agency’s website. The disclosure portal provides a single point of entry to federal campaign finance data.”

Information can be accessed through interactive maps, easily readable charts, or by searching with a name or keyword. Data sets can also be downloaded as XSD, XML, or CSV files in order to perform your own analysis or data mashup.

The FEC promises the Campaign Finance Disclosure Portal will be regularly updated throughout the election cycle. With both the site and its Disclosure Data Blog, you can subscribe to its feed via RSS so that you can keep up with any updates.

Enjoy your weekend everyone!

Campaign Finance

Connecticut: “Watchdogs worried clean elections fund could run dry in next race for governor” by Keith M. Phaneuf in CTMirror.org.

District of Columbia: “Campaign finance inquiry takes close look at money-order donations in District” by Mike DeBonis and Nikita Stewart in The Washington Post.

Michigan: “Michigan group delays corporate disclosure measure” by The Associated Press on Michigan Live.

Missouri: “Kansas City lawmaker faces $30,585 in ethics fees” by Chris Blank in The Kansas City Star.

North Carolina: “Dome: Board of Elections will discuss campaign finance law” by John Frank and Tim Funk in The News & Observer.

Wisconsin: “GAB fined 110 people for campaign finance and ethics violations in last 3 years” by Kate Golden in The Wisconsin State Journal.

Campaigns and Elections

“Rogue political robocalls on the rise in Ohio” by Sabrina Eaton in The Cleveland Plain Dealer.

Redistricting

Florida: “New Senate district map ticks off both parties” by Mary Ellen Klas and Darla Cameron in The Miami Herald.

New York: “Incumbents at risk in final N.Y. map” by Alex Isenstadt in Politico.

Ethics

“Federal prosecutor under fire for anonymously commenting on news website” by Andrew Lapin in Government Executive.

Federal:

2012 GOP Primary Shaping Up to Be Cheapest Race in Years

Group Offers $25,000 Reward for Exposing Secret Corporate Giving

From the States and Municipalities:

Alabama

Alabama Public Corruption Trials Focus on Bribes vs. Donations

Colorado

Spending by Super PACs in Colorado Is the Dominion of Democrats

Illinois

Part of Campaign Finance Law Nixed

Illinois

State Rep. Derrick Smith, of Chicago, Is Charged with Accepting Bribe

Kentucky

Senate Changes Schedule, Allowing David Williams to Attend Kentucky Basketball Game

Minnesota

Business-Backed ALEC’s Relations with Conservative Lawmakers Riles Democrats

New Mexico

Arrests Mount in Sunland Park Scandal; New Details about Alleged Extortion Threat Emerge

Ohio

Jimmy Dimora Convicted of Racketeering, 32 Other Corruption-Related Charges

Ohio

Legislator Charged in FBI Bribery Sting

South Carolina

Ard Resigns, Is Indicted, Gets Probation

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 New York City Campaign Finance Board has voted to adopt its final rules for the disclosure of independent expenditures.

The rules require the reporting of independent expenditures by individuals, organizations, corporations, and other entities in New York City elections.

The adopted rules are available here.