November 1, 2011 •
Texas Ethics Commission Adopts Amendments to Campaign Finance Rules
Track Senate Bill 1
The Texas Ethics Commission has adopted amendments to its rules regarding reporting requirements under the campaign finance law.
The changes in administrative rules §§20.50, 20.62, 20.219, 20.279, 20.331, and 20.433 bring them in line with Senate Bill 1, passed earlier this year.
While the bill became effective September 28, the Ethics Commission’s adopted rules became effective today.
November 1, 2011 •
Tuesday News Roundup
Text messages, government transparency, legislative sessions, and judicial races
Anonymous and unsolicited text messages are being sent against democratic candidates in Virginia. Here is the Washington Post article “Anti-Democratic text messages in Northern Va. prompt lawsuit, complaints” by Anita Kumar.
Government Technology discusses the tension between the demands of government transparency and the realities of state bugdet constraints in “Transparency Demands Cost Governments Money” by Sarah Rich.
NCSL has updated their 2012 Legislative Session Calendar.
Judicial races are getting expensive. PoliticsPA.com posted “Pa. Rated as Second Costliest Judicial Elections; Candidates Weigh in” by Sari Heidenreich. Here is the recent study by the Brennan Center For Justice, “The New Politics of Judicial Elections: 2009-10” that ranks judicial elections in the states.
Photo of texting by Alton on Wikipedia.
November 1, 2011 •
Riverside County Enacts Mandatory Electronic Filing Ordinance
Candidates, Candidate Controlled Committees, and Independent Committees Affected
The Riverside County Board of Supervisors has approved ordinance number 913 which makes electronic campaign finance disclosure mandatory for candidates, candidate controlled committees, and independent committees which receive contributions or make expenditures of $5,000 or more.
Once the electronic reporting threshold has been met, all subsequent reports must be filed electronically.
The ordinance will take effect on November 28, 2011.
October 31, 2011 •
News You Can Use Digest – October 31, 2011
Here are highlights from the latest edition of News You Can Use:
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
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.
October 27, 2011 •
Top Six News Posts Today
Government ethics, campaign finance, political campaign advertising, social media, and more.
- 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.
October 24, 2011 •
Montana Contribution Limits Adjusted
Effective Today
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.
October 24, 2011 •
San Francisco Ethics Commission Passes Campaign Finance Reform
Third Party Disclaimer, Disclosure, and Reporting to be Required
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.
October 24, 2011 •
Free Speech at Core of Mississippi Campaign Finance Suit
Mississippi Citizens Believe Reporting Requirement Stifles Political Participation
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.
October 21, 2011 •
Super PAC-less Campaign Finance Filings
The 2012 presidential campaign meets the new rules for outside groups.
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”
October 21, 2011 •
The Power of Data in Political Campaigns
The power of micro-targeting
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!
October 20, 2011 •
Court Upholds Ruling Allowing Pre-Campaign Election Spending in British Columbia
60 days
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.”
October 20, 2011 •
Suit Asks Court to Allow Federal Contractors to Make Federal Political Contributions
Wagner v. FEC
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.
October 19, 2011 •
San Jose Passes Campaign Finance Law
Modifies voluntary campaign expenditure limits and blackout periods
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.
October 19, 2011 •
Kentucky Independent Political Group Ordered to Stop Political Attack Ads
Restraining Order Issued for Failure to Properly Report Contributions
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.
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