Federal:

Ex-Abramoff Associate Ring Sentenced to 20 Months in One of Scandal’s Harshest Punishments

Influence Industry Officially in a Funk

Lobbyist Stint Led to Cain’s Political Forays

Lobbyists Claim Victory against Tax Rule

From the States and Municipalities:

Alabama

Ex-Alabama Rep. Terry Spicer Enters Agreement to Plead Guilty to Bribery

Alaska

Guilty Pleas Mark End of Alaska Corruption Investigation

Arizona

Judge Rejects Arizona Campaign Finance Measure

Illinois

Ex-Teachers Union Boss Gets $242,000 State Pension

Kentucky

David Williams’ In-Law is Restoring America Group’s Sole Donor

Montana

Montana Political Practices Office to Address Social Media Campaign Complaints

Nevada

Short-Staffed Ethics Commission Wading Through Flood of Cases

New York

Operative Convicted of Stealing from NYC Mayor

Ohio

Anti-Issue 2 Group Raises More Than Twice as Much Money as Supporters of New Collective Bargaining Law

Washington

With $22 Million Bet, Costco Shakes Up Washington Election

Wisconsin

Wisconsin Capitol to Allow Guns
 
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.

• NCSL has updated their 50 state chart of state ethics commission information, with its interactive map, list of contact information, and detailed profiles.

• Politico published “Political advertising data may go online” by Brooks Boliek. According to the article, “The Federal Communications Commission is expected to vote Thursday on a notice of proposed rule making that could require broadcasters to post information about political ads and other data on the Internet.”

• Arizona’s clean elections program made the news yet again. “The Arizona Legislature may have to go back to the drawing board if it wants voters in 2012 to kill the state’s public-funded Clean Elections campaign-finance program,” reports the Arizona Republic in “Judge rejects Arizona campaign finance measure” by Alia Beard Rau.

• Read what the feds are tweeting right this moment on “The Feed” by Nextgov.

• Politico offers today “Ex-FEC chief: Lift money limits” by Dave Levinthal, where he begins by quoting former Federal Election Commission Chairman Michael Toner: “The United States should take a cue from the Commonwealth of Virginia — or the Cayman Islands, for that matter — and simply do away with limits on campaign contributions.”

• Remember “We the People,” the White House’s new online channel to offer your own petitions for better government? TechPresident gives us an update on whether the platform is living up to its promise to be a true place of genuine communication with the White House. Here is the blog post: “White House Begins Responses to ‘We the People‘” by Nick Judd.

Political contribution limit changes proposed this summer by the Montana Office of the Commissioner of Political Practices take effect today.

The adjustments affect the amount of contributions individuals, political parties, and political committees may make to candidates for the office of governor and other statewide positions.

Additionally, as also proposed this summer by the Commissioner’s office, electronic filing of reports is scheduled to begin in January.

The San Francisco Ethics Commission has approved amendments to the campaign finance reform ordinance. The language of the amendments is forthcoming and will be approved by the commission at the November 14, 2011 meeting.

Amendments that were proposed and approved at the October 19, 2011 commission meeting include disclaimer, disclosure, and reporting requirements for communications that are paid for by third parties concerning candidates for city elective office, an affirmation of the $500 per person contribution limit to candidates, and permission for campaign funds to be used by a candidate to attend a fundraiser for a charitable organization. The commission also approved a provision which will allow the commission to modify the $500 limit to reflect the consumer price index for future elections.

The commission further clarified that a candidate may transfer funds from the candidate’s committee only before the funds become surplus.

A federal lawsuit has been filed claiming a burden upon First Amendment free speech rights due to a state of Mississippi requirement that people or groups must file a campaign finance report upon spending at least $200 to support or oppose ballot initiatives.

The group of five citizens filing the suit claims the reporting requirement could scare people away from political participation. The group supports Mississippi Initiative 31, which limits the government’s use of eminent domain to take private land.

The citizens are represented by the Institute for Justice, a group that has also filed similar lawsuits concerning disclosure requirements in Colorado and Florida in recent years.

In the New York Times, Nicholas Confessore examines the dilemma of reporting about presidential candidate filings and campaign finance figures minus the “super-PAC” dollars in the third quarter.

Here is the article on NYTimes.com: “Without ‘Super PAC’ Numbers, Campaign Filings Present an Incomplete Picture”

Yesterday, techPresident published “New Obama for America Page is a Jungle Gym for Donation Data” by Nick Judd.

Everyone has been talking about the new role social media is playing in the 2012 presidential campaigns. But I think Judd brings up an often missed point: The importance of social media’s role is not so much to be found in the social networks themselves, but in the vast amount of information the campaigns have about each of us, and how they are using that information on social media. Judd writes about campaigns “micro-targeting” potential political campaign donors with personalized messages geared toward attracting the most money.

The article showcases the Obama 2012 campaign website, which boasts its one million donors. The site allows you to drill down into a great deal of information about the contributions. The aim of the site is that the visitor will come to the conclusion that the donors are broad-based and grassroots.

Have any of our readers seen any similar examples on other campaign websites? Please share it on Lobby Comply!

A court in British Columbia has ruled the province cannot restrict election spending in the 60 days leading up to an official election call.

In British Columbia Teachers’ Federation v. British Columbia (Attorney General), the British Columbia Court of Appeal panel upheld a lower court ruling finding portions of Election Act sections 235.1 and 228 are unconstitutional, and are of no force and effect insofar as they relate to the pre-campaign period as defined in the Act. Therefore, the court affirmed the British Columbia Attorney General cannot restrict election spending in the pre-campaign period 60 days before the election period begins.

Election advertising preceding a 28-day campaign period is considered a “pre-campaign” period. In the decision Justice Catherine Anne Ryan wrote, “[R]estricting third-party advertising during the pre-campaign period would unjustifiably interfere with third parties’ issue advocacy, lobbying activity, and other advertising endeavours unrelated to the election.”

Individuals with federal contracts should be allowed to make political contributions to federal candidates or political parties, a lawsuit filed yesterday by the American Civil Liberties Union (ACLU) argues.

The suit, Wagner v. Federal Election Commission, filed in the United States District Court for the District of Columbia, challenges the constitutionality of section 441c of Title 2 of the U.S. Code, which prohibits any vendors with contracts with the federal government from making such contributions.

According to its press release, the ACLU is asking the Court, on behalf of the three named plaintiffs, to declare the law unconstitutional as applied to individuals who have personal services contracts with federal agencies. Because federal workers who are not contractors may make federal political contributions, while contractors performing the same work may not, the suit argues section 441c violates both the Equal Protection Clause of the Constitution and the First Amendment.

Photo of the United States District Court for the District of Columbia courtesy of the Court’s website.

The San Jose City Council voted unanimously on Tuesday, October 18 to change the city’s campaign finance laws. Changes approved include the elimination of the city’s blackout periods which prohibit campaign contributions within 17 days of a regular election and within seven days of a special election.

Per the new law, the voluntary candidate campaign expenditure limits will increase from $1.00 per resident per election to $1.25. The rate for mayoral elections will remain the same at $0.75 per resident per election.

Further changes implemented by the new law eliminate an increase in the voluntary expenditure cap triggered by the fundraising efforts of other candidates and independent committees who do not choose to accept the limit.

Franklin County Circuit Court Judge Thomas Wingate issued a restraining order against an independent political group running political ads against Kentucky Governor Steve Beshear on Monday, October 17. The order prohibits the attack ads paid for by the group Restoring America from running on television and radio stations.

In his order, Judge Wingate called the ads “an illegal attempt” to influence the outcome of Kentucky’s 2011 gubernatorial election due to a failure by Restoring America to properly report the source of contributions funding the ads as required under Kentucky law. Restoring America had reported a solitary contribution from Restoring America, Inc. of more than $1.3 million to run the ads, but the judge ruled the use of the additional entity was simply masking the identities of individual donors.

Judge Wingate’s order, thought to be the first such order to halt political advertising by a third party in the state, was quickly met with opposition by First Amendment rights activists who have argued it is no more than a state-level assault on the landmark U.S. Supreme Court decision in the Citizens United case.

Restoring America did file an initial appeal on Tuesday, October 18, but that appeal was rejected due to a technical deficiency. Another appeal is expected.

A campaign finance law passed decades ago has recently come under fire in light of a possible gubernatorial recall. The law effectively allows public officials subject to a recall to collect unlimited contributions during the period when petitioners are collecting signatures to force a recall.

The law has recently been criticized because it would allow Governor Scott Walker to raise millions of dollars in unlimited contributions, but his eventual opponent would not have the same opportunity.

Democratic Rep. Kelda Helen Roys of Madison introduced Assembly Bill 296 last week to repeal the law and institute campaign contribution limits on a public official subject to a recall.

Federal:

Company Shops for Campaign Cash

Former Lobbyist Sent to Jail for a Few Hours for Taking Hill Aides to 2003 World Series Game

‘Scarlet L’ for K Street Returns as Obama Sharpens 2012 Rhetoric on Lobbyists

‘Super PAC’ American Crossroads Seeks Permission to Feature Candidates in Ads

The Outsized Returns from Lobbying

From the States and Municipalities:

California

California OKs Donations via Text

California

L.A. Ethics Commission Slaps Developer with Maximum Campaign Fine

California

Proposed California Regulations Spell Out Gift-Reporting Requirements for Elected Officials

Massachusetts

DiMasi Friend Admits Breaking Massachusetts Lobbying Law

New Mexico

GOP Files Lawsuit against Newly Imposed Campaign Contribution Limits in New Mexico

Tennessee

Tennessee Lawmaker Arrested on DUI, Gun Charges

Vermont

Judge: Republican Governors Association violated Vermont campaign finance laws

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.

Jim Sedor is editor of News You Can Use.

At its October 13, 2011 hearing, the Fair Political Practices Commission voted 3-0 to adopt Regulation 18421.31 regarding text message contributions. Per the new regulation candidates and committees are permitted to raise funds through low-dollar text message contributions.

For the purposes of the regulation, contributions are deemed to be received on the date that a mobile fundraising vendor, acting as an agent of the candidate or committee, obtains possession and control of the funds. Once received by the mobile fundraising vendor, contributions must be promptly reported to the candidate or committee’s treasurer or a designated agent thereof no later than the closing date of any campaign statement the candidate or committee is required to file.

For text message contributions of less than $25, candidates and committees will be required to maintain the dates and daily totals of contributions. For contributions exceeding $25 but less than $100, the regulation requires that candidates and committees record the full name and street address of the contributor, the cumulative amount received from each contribution, and any information regarding an intermediary where applicable.

When a contribution exceeding $100 is received, the regulation requires that the candidate or committee maintain a record of the contributor’s name and address, occupation, employer, the cumulative amount received from the contributor, and any information regarding an intermediary where applicable.

Under the regulation, a contribution made by text message will be attributed to the person who is subscribed to the cell phone number from which the contribution is received.