October 4, 2011 •
FEC Allows Trade Association Limited Solicitation for Federal Candidates
Not Considered In-Kind Contribution
The Federal Election Commission (FEC) issued an Advisory Opinion stating a “project” created by a trade association may make certain communications to the general public asking individuals to contribute directly to particular federal candidates.
The Utah Bankers Association (U.B.A.) had requested the Advisory Opinion. It intends to solicit the general public through its website and e-mail, as well as through the website of “Friends of Traditional Banking,” a project created for this purpose. There will be no coordination with any candidate and no contributions will be accepted or forwarded to federal candidate’s committees.
In Advisory Opinion 2011-14, the Commission concluded the expenses for soliciting contributions through a trade association’s own website and e-mail is not an in-kind contribution because an internet communication is not a “public communication” if it “is not placed for a fee on another person’s website,” and therefore does not meet the content prong test of coordinated communications. The Commission also found U.B.A.’s plan is not “electioneering communications” which are limited to broadcast, cable, or satellite communications
Other questions related to the U.B.A. request were also addressed in the opinion.
October 3, 2011 •
Alaskan Lobbyists Can Contribute in New Districts
Advisory Opinion
Only lobbyists in Alaska who are constituents in a state candidate’s newly certified district may donate to a candidate’s campaign, an Advisory Opinion from the Alaska Public Offices Commission has declared.
Because a lobbyist residing in a candidate’s district may contribute to a candidate, Representative Bob Lynn requested an opinion regarding whether a lobbyist in his current district could donate to his campaign when he or she may not be a constituent in his proposed new voting district.
Advisory Opinion 11-14-CD concludes candidates “will only be able to accept donations from lobbyists residing in the new district.”
Presently, only candidates for the proposed new districts, and not the current districts, are being certified by the Division of Elections. In its analysis, the Advisory Opinion also articulates, “Whether or not a lobbyist resides in the candidate’s district is determined on the day the contribution is accepted.”
October 3, 2011 •
News You Can Use Digest – October 3, 2011
Here are highlights from the latest edition of News You Can Use:
Federal:
Business Executives Call for End to Anonymous Cash
In Turn to Politics, Facebook Starts a PAC
Political Embezzlement Rises as U.S. Campaign Accounts Swell
Solyndra’s Lobbying Not Disclosed by Energy under Stimulus Guidelines
From the States and Municipalities:
Colorado
Campaign Finance Law Argued Before Colorado Supreme Court
Florida
After ‘Wild West,’ Palm Beach County Lobbyists Face New Rules
Indiana
Federal Judge Strikes Down Portion of Indiana ‘Robo-Call’ Ban
Maryland
State Senator’s Future Hangs in the Balance at Corruption Trial
Minnesota
Campaign Finance Board Releases Guidelines on Ballot Initiatives
Pennsylvania
Ex-Judge Gets 17 1/2 Years in Pa. Kickbacks Case
Rhode Island
Arrested Rhode Island Representative Won’t Resign, Will Run Again
Tennessee
Tennessee Lawmakers’ Ethics Panel Has Own Critics
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.
September 30, 2011 •
MSRB Rule G-37 Reminder
Municipal Securities
The Municipal Securities Rulemaking Board (MSRB) has issued a reminder regarding the application of rule g-37 to federal election campaigns of issuer officials.
In the notice, the MSRB reminds “brokers, dealers and municipal securities dealers” of prohibitions outlined in previous MSRB guidance notices, which highlight the rules and prohibitions concerning solicitations and contributions for certain state and local officials seeking election to federal office.
Generally, issuer officials are directly or indirectly responsible for, or can influence the outcome of, the hiring of a broker, dealer or municipal securities dealer for municipal securities business.
The reminder can be found here.
September 28, 2011 •
San Bernardino County Supervisors Approve Campaign Finance Plan
Ordinance to be Drafted.
The San Bernardino County supervisors voted to endorse a plan to limit campaign contributions at their September 27, 2011 meeting. The supervisors further voted to direct the county counsel’s office to draft an ordinance to be voted on by the supervisors at a future meeting.
The current plan would allow individuals to donate up to $3,900 per election cycle. Small contributor committees would be permitted to donate $7,800 per election cycle.
September 28, 2011 •
E-X-P-A-N-D-I-N-G Our Online Guides
Dear Clients:
We are always looking to add value to our services. You may have noticed in the past three months we have added 36 new jurisdictions to our online website.
Now that we are starting the last quarter of the year, we are going to increase the amount of information in each section.
Executive Sourcebook on Lobbying Laws:
-
We are separating the penalties so you will see what they are for registration, reporting, and gift violations.
-
Does the jurisdiction have a document retention policy?
-
Is gift splitting allowed?
-
We are also separating the gift restrictions for lobbyists and non-lobbyists.
Executive’s Sourcebook on Political Contributions:
-
What is the jurisdiction’s document retention policy?
-
What restrictions are there on fundraising, as applied both to corporations attending a political event and as applied to corporations holding its own fundraiser?
Executive’s Sourcebook on Procurement Lobbying:
-
Restrictions on pre-RFP communications between a bidder and the procurement department?
-
Are there any post-RFP “cone of silence” restrictions?
-
Difference between “bidder” and “contractor.”
It continues to be our goal to be your #1 online resource for lobbying, political contributions, and procurement lobbying.
Until next month, let your fingers do the walking at www.stateandfed.com and see the amount of information available to you and your organization.
Elizabeth Z. Bartz
President and CEO
September 26, 2011 •
San Bernardino Supervisors to Introduce Campaign Finance Proposal
Proposal to set limits for individuals, businesses, and PACs
Two San Bernardino County supervisors will introduce a proposal at the Board of Supervisors meeting on September 27, 2011 which would create a law regulating political contributions for county elections.
The supervisors hope to impose and enforce limits on contributions from individuals, businesses, and political action committees contributing to county elections.
The image of the San Bernardino County Seal by Jetijones on Wikipedia.
September 26, 2011 •
News You Can Use Digest – September 26, 2011
Here are highlights from the latest edition of News You Can Use:
National:
Election Spending to Exceed $6 Billion Thanks Partly to Jim Bopp
Twitter to Launch Political Advertising
Federal:
K Street Cool to Obama Lobbying Plan
Watchdog Spotlights Lawmaker Ethics in ‘Most Corrupt’ Report
From the States and Municipalities:
Alabama
Former Governor Riley Gets Ethics Training He Pushed
California
California Pension Managers Fined for Unreported Gifts
Connecticut
‘Shock Jock’ Hal Turner Acquitted in Connecticut Threats Case
District of Columbia
Wells Drafts D.C. Bill to Limit Lobbyists’ Influence
Illinois
The Price of Influence in Chicago
Louisiana
Sugar Bowl in Violation of Tax Law with Purchases to Fundraiser
Missouri
T.D. El-Amin Gets Record Ethics Fine
Montana
Supreme Court Looks at Campaign Finance for Political Spending
Oklahoma
Oklahoma High Court Hears Former Senator’s Appeal
Pennsylvania
Wisconsin
Judge: Wisconsin campaign law is unconstitutional
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.
September 21, 2011 •
Constitutional Amendment to Reverse Citizens United
Congress and the States
An amendment to the U.S. Constitution seeking to reverse the ruling of the Citizens United decision has been reintroduced in Congress.
Congressman John Conyers and Congresswoman Donna F. Edwards, co-sponsors of House Joint Resolution 78, want to give Congress and the states specific authority to regulate corporate expenditures on political activity. The amendment reads “nothing in this Constitution shall prohibit Congress and the States from imposing content-neutral regulations and restrictions on the expenditure of funds for political activity by any corporation, limited liability company, or other corporate entity, including but not limited to contributions in support of, or in opposition to, a candidate for public office.”
In Congresswoman Donna F. Edward’s press release she states, “Justice John Paul Stevens warned that the Supreme Court’s ruling in Citizens United threatened ‘to undermine the integrity of elected institutions around the nation’ and how right he was. Since that flawed ruling was issued, campaign spending by outside groups including corporations surged more than four-fold to reach nearly $300 million in the 2010 election cycle.”
The amendment also reads “nothing contained in this Article shall be construed to abridge the freedom of the press.”
September 21, 2011 •
Bloomberg News Looks at the Legacy of James Bopp
Bloomberg writer Jonathan Salant takes a look at the 30-year career of James Bopp, Jr. and the effect of his efforts on the world of campaign finance.
Salant begins with: “Attorney James Bopp Jr. has spent 30 years fighting limits on campaign spending, and next year’s political landscape could be transformed by his labor: An election season in which at least $6 billion is likely to be spent, more than $700 million higher than 2008.”
The article assesses the increase we are seeing in political spending. It also details Bopp’s landmark legal challenges over the years, his loyalty to his home state of Indiana, and how free speech is at the heart of his mission.
For the full text of the article, got to “ Election Spending to Exceed $6 Billion Thanks Partly to Jim Bopp.”
September 21, 2011 •
Campaign Ads Coming to Twitter
It was just a matter of time for the social media platform.
Politico today reports that Twitter will be offering the opportunity for political campaigns to run ads on it social network.
The article, “Twitter to launch political advertising” by Ben Smith, says Twitter has had five years of observing online behavior. Like Google with its ads, Twitter wishes to cash in on what should be a great money-maker.
As for the issue of disclosure, Smith spoke with Twitter’s government liaison Adam Sharp, who said disclosure statements probably are not legally necessary for their ads. But Twitter will offer the ability to show “paid for by” information via a mouse-over on the paid Tweet.
It will be interesting to see if any regulation springs from this new development.
September 19, 2011 •
Montana Supreme Court to Consider Campaign Finance Law
Effects of Citizen United on State Law to be Examined
The Montana Supreme Court on Wednesday will hear the state’s appeal of the 2010 decision in Western Tradition Partnership, Inc. v. State of Montana finding the state’s ban on direct corporate spending for or against political candidates unconstitutional.
Citing the U.S. Supreme Court’s decision in Citizens United v. Federal Election Commission, District Judge Jeffrey Sherlock found the Montana law unconstitutional.
Attorney General Steve Bullock, who has stated the overturned law guaranteed citizens the right to participate in elections without their interests being overshadowed by corporations, will argue the case.
September 19, 2011 •
News You Can Use Digest – September 19, 2011
Here are highlights from the latest edition of News You Can Use:
Federal:
New Rule Would Expand Tight Obama Lobbying Rules to All Federal Workers
‘Revolving Door’ of Employment between Congress, Lobbying Firms, Study Shows
Without Scandal, Lobby Reform Stalls
From the States and Municipalities:
Colorado
Gessler to Help Raise Cash to Pay off GOP Fine
Delaware
Kentucky
Gubernatorial Candidates Back ‘No Cup of Coffee’ Rule
Massachusetts
Disgraced DiMasi Is Given Eight Years
Montana
Conservative Groups File New Lawsuit over Montana Election Laws
New Jersey
Report: Serious flaws in N.J. ‘pay-to-play’ law
New York
Former Hospital Chief Convicted of Offering Bribes to Albany Legislators
North Carolina
Groups Seek to Overturn N.C. Campaign Spending Law
South Dakota
Ethics Rules for State Workers Weak, Critics Say
Texas
Anita Perry’s Salary Comes Indirectly from Governor’s Backers
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.
September 16, 2011 •
Highlighted Site of the Week – Get Local!
A local political contributions tracker from the Center for Responsive Politics
This week’s Highlighted Site of the Week is the political contributions database on OpenSecrets.org. The Get local! tracker provides charts, lists, and interactive maps for searches by state or even down to the zip code level.
According to the site, “These profiles can show you who’s making the big political contributions in your state, as well as where the money’s coming from (by city, by zip code, and graphically with our “money maps”). You’ll also find links to a money profile of your senators and representative, with a detailed look at where their campaign warchest came from.”
Each search provides a summary of political contributions, from which you can drill down to top contributors, top recipients, and presidential campaign contributions. You can also search representatives from your own, or other Congressional Districts. You can also find search results for previous election cycles.
A big thank you goes to State and Federal Communications Research Associate Sarah Kovit for finding this Highlighted Site.
Photo of the U.S. Capitol with the flag by Florian Hirzinger on Wikipedia.
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.