Secretary of State Scott Gessler announced on Wednesday the adoption of a recodified set of rules concerning Colorado campaign financing aimed at simplifying the state’s campaign finance process. Among the most notable changes to be made, total fines for late or incomplete campaign finance reports are now to be limited to $50 per day for up to 180 days for a maximum fine of $9,000.

Additionally, Gessler’s office will continue to utilize the $5,000 threshold at which issue committees must register and report, created by Gessler’s adoption of Campaign and Political Finance Rule 4.27, despite a state district court ruling Gessler did not have the authority to increase the threshold from the constitutionally-mandated figure of $200 after a finding by the court determining the threshold to be too burdensome.

Also, in accordance with the Colorado Supreme Court’s decision released the day prior to Gessler’s release of the recodified campaign finance rules, a 527 political group is limited to accepting up to $550 from any person every two years if the 527 group is engaging in express advocacy for a particular candidate by use of certain “magic words” such as “vote for” or “elect.”

Critics of Gessler have claimed the changes made are outside his authority and a legal challenge is expected. The rules are scheduled to temporarily take effect on March 7, 2012, with the rules being permanently effective on March 30, 2012.

The State Ethics Commission has issued a memorandum concerning provisions of the ethics law relating to regulated lobbyists and campaign finance activities.

State law prohibits a lobbyist or a person acting on behalf of a lobbyist to engage in certain campaign activities including soliciting contributions or forwarding tickets to fundraising events.

The memorandum does not constitute an advisory opinion but addresses common issues and provides approaches for compliance with the technical provisions of the law.

The memorandum is available online here.

Alaska: “Governor signs campaign finance bill” by The Associated Press in USA Today.

“Financial disclosures show power of super PACs” by Fredreka Schouten in USA Today.

“Santorum ‘super’ PAC returned big foreign donation” by Stephen Braun in the Boston Globe.

The U.S. Supreme Court has stayed a Montana Supreme Court decision upholding the state’s law prohibiting independent political expenditures, related to a candidate, by a corporation.

In December of last year, the Montana Supreme Court found Citizens United v. FEC did not compel invalidating the state’s 1912 Corrupt Practices Act, concluding the state, because of its history and the history of the Act, has a compelling interest to impose statutory restrictions. The Montana Court emphasized the Citizens United decision allows restrictions to be upheld if the government demonstrates a sufficiently strong interest.

The U.S. Supreme Court’s ruling stays the state Court’s ruling until either a formal appeal to the US Supreme Court is denied, or, if an appeal is accepted, the US Supreme Court mandates the termination of the stay.

In the one page order by the US Supreme Court, Associate Justice Ruth Bader Ginsburg wrote, “Montana’s experience, and experience elsewhere since this Court’s decision in [Citizens United v. FEC], make it exceedingly difficult to maintain that independent expenditures by corporations ‘do not give rise to corruption or the appearance of corruption.’ A petition for certiorari will give the Court an opportunity to consider whether, in light of the huge sums currently deployed to buy candidates’ allegiance, Citizens United should continue to hold sway.”

Associate Justice Steven G. Breyer joined in Justice Ginsburg’s statement.

Photo of the United States Supreme Court building frieze by UpstateNYer on Wikipedia.

Federal:

Edwards Treasurer Never Saw 2011 Campaign Reports

Lobbyists Sue Obama Administration after Being Booted from Boards

Most of Romney’s Top Fundraisers Remain Anonymous

From the States and Municipalities:

California

California’s Political Watchdog Panel Eases its Approach to Ethics Issues

District of Columbia

D.C. Official Says Proposed Ballot Initiative Banning Corporate Donations Advances

Florida

Deerfield Beach ‘PAC Man’ Faces 2,052 Counts of Breaking Election Laws

Georgia

Lobbyist Handouts Not Fully Disclosed

Illinois

PAC Sues Over State’s Campaign Finance Law

Illinois

Report: Chicago, Los Angeles, New York most corrupt cities; Louisiana most corrupt per capita

Minnesota

Lobbying Violations Vex Understaffed Minnesota Regulator

Missouri

Missouri Supreme Court Strikes Down Most of Ethics Law

Montana

U.S. Supreme Court Asked to Undo Montana Campaign Money Ban

Vermont

State Sues Dubie and RGA, Alleging 2010 Campaign Collusion

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.

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According to a press release, “During a regularly scheduled meeting today, the Campaign Finance Board determined that nine campaigns in the 2009 elections committed violations and one campaign in the February 2009 special election committed violations. ”

You can view a video archive of the meeting here:

The New York City Campaign Finance Board has released revised proposed rules regarding the disclosure of independent expenditures in city elections.

The revised proposed rules are available here.

The revisions include a new definition of electioneering communication, different reporting requirements, and changes to covered expenditures.

The board will accept public written comment on the rules until March 2, 2012. The final rules will be adopted at a subsequent meeting of the board.

This afternoon Rhode Island Governor Lincoln D. Chafee announced the upcoming introduction of a bill requiring those engaged in “independent expenditures” and “electioneering communications” to report donors and expenditures and to include disclaimers on media and internet advertising.

The Governor’s bill, Transparency in Political Spending Act (TIPS), was created with legislative leaders and Common Cause Rhode Island.

The Governor’s press release detailing the bill defines “independent expenditure” is an expenditure that expressly advocates for the election or defeat of a clearly identified candidate and is not coordinated with any candidate’s campaign, authorized candidate committee or political party committee. “Electioneering communications” is defined as print, broadcast, cable, satellite, or electronic media communications not coordinated with any candidate, authorized candidate committee or political party committee which unambiguously identifies a candidate and is made within 60 days of a general or special election or within 30 days of a primary and can be received by 5,000 or more persons in the constituency.

Governor Chafee said, “[TIPS] seeks to [make] individuals and organizations trying to influence the outcome of an election accountable to the people of Rhode Island.” The collaboratively developed legislation was announced by the Governor with Common Cause Rhode Island’s Executive Director, John Marion, and the legislation’s sponsors: House Speaker Gordon Fox, Senate President M. Teresa Paiva Weed, Senate President Pro Tempore Juan Pichardo, and Representative Chris Blazejewski.

Amol Naik from Google, Elizabeth Bartz of State and Federal Communications, Ken Gross from Skadden Arps, and Michael Toner from Wiley Rein will be making up the Compliance Dream Team.

Bring your compliance concerns. This is your opportunity to unleash all those difficult questions regarding compliance issues.

Don’t miss the Public Affairs Council National PAC Conference. See you there!

“Super-PAC craze sweeps the nation” by Rachel Leven in The Hill.

“Feds Add Charge to Former Detroit Mayor Corruption Case” by The Associated Press on Governing.

“Chicago most corrupt city, report shows” by MJ Lee on Politico.

“Group fighting campaign finance laws in 3 courts ask federal judge to undo contribution limits” by Matt Gouras (Associated Press) in The Republic.

Arizona: “Ariz. lawmakers want elected officials to disclose use of public funds” by Howard Fischer in the East Valley Tribune.

Georgia: “Advocates push for ethics funding” by Charles Edwards on WABE News.

“Watchdog groups demand more money for ethics board” by in the Atlanta Journal-Constitution.

Maryland: “Maryland Ethics Panel Suggests Reducing Local Disclosure” by Brian Witte (Associated Press) on NBC Washington.

“Bill would require online disclosure” by Michael Dresser in the Baltimore Sun.

Minnesota: “Lobbying violations vex understaffed Minnesota regulator” by Brad Schrade in the Star Tribune.

North Carolina: “Dome: Few ethics complaints probed, report shows” by John Frank in The News & Observer.

The state Supreme Court has struck down much of the 2010 ethics law passed by state lawmakers. Senate Bill 844 changed campaign finance laws, gave greater authority to the Missouri Ethics Commission, created new crimes for ethics violations, and required Capitol dome keys be given to all lawmakers.

The court said Tuesday the bill violated a requirement of the state Constitution that legislation not be amended to change its original purpose. The procurement portion will remain in effect because the Supreme Court concluded that was the original purpose of the legislation.

The decision upholds Circuit Judge Daniel Green’s ruling last spring.

Personal PAC, an abortion rights group, has filed a lawsuit seeking to strike down the limit on the amount of money given by donors to PACs.

Presently, the limit is set at $10,000 per election cycle.

Personal PAC is seeking an immediate and permanent injunction which would allow donors to make unlimited contributions to PACs.

Lobbying

“Lobbyists sue Obama administration after being booted from boards” by Rachel Leven and Kevin Bogardus in The Hill.

Campaign Finance

Alaska: “House rejects last-minute Senate exemption of current politicians from campaign finance law” by Austin Baird (Associated Press) in The Republic.

“Super PACs echo parodies” by Kenneth Vogel in Politico.

“Bragging about bundling days over” by Anna Palmer in Politico.

Ethics

California: “California’s political watchdog panel eases its approach to ethics issues” by Patrick McGreevy in The Los Angeles Times.

Louisiana: “Gov. Bobby Jindal seeks adjustments in ethics rules” in the New Orleans Times-Picayune.

Government Transparency

“Iowa’s government websites score poorly, transparency group says” by Jason Clayworth in the Des Moines Register.

Happy Valentine’s Day!