Bills legalizing direct corporate contributions and increasing contribution limits have moved one step closer to becoming law.

House Bill 1003 and concurrent Senate Bill 1915 have been approved by state and local government committees in both chambers of the Tennessee General Assembly.

The bills would allow direct corporate contributions to candidates and would increase contribution limits by nearly 40 percent.

Photo of the Tennessee State Capitol by Ichabod on Wikipedia.

U.S. Representative Chris Van Hollen has filed both a lawsuit against the FEC and a petition at the FEC seeking to challenge regulations of disclosure requirements of contributions for “electioneering communications” and “independent expenditures”. In Van Hollen v. FEC, he claims the 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.

The separately filed petition with the FEC requests they revise and amend regulations currently allowing independent expenditure groups to not reveal donors giving over $200 except for those contributors who gave for the purpose of furthering the reported independent expenditure. Representative Van Hollen alleges this contradicts the statute, which requires disclosure of all donors who gave over $200 to the entity.

Assembly Bill 860 would prohibit corporations or labor unions from making contributions to a candidate for elected office. Additionally, this legislation would strengthen the state pay-to-play laws.

The bill would prohibit government contractors from making contributions to an official or candidate who is or would be elected to a position responsible for awarding a government contract to the contributor.

Finally, this bill would also prohibit any employer from using payroll deduction to fund any political activity.

Photo of the California State Capitol by Nikopoley on Wikipedia.

The Cole County Circuit Court has stayed the court’s previous judgment holding the portion of Senate Bill 844 relating to campaign finance unconstitutional.

The stay does not apply to Missouri Revised Statutes section 130.031(13), covering who may contribute to a political action committee.

The stay order allows all provisions of law, including those enacted into law by Senate Bill 844 (except for section 130.031(13)), to remain in effect until a final resolution of the case on appeal.

The rule prohibits investment advisers from providing investment advisory services for compensation to a government entity within two years after a contribution to an official of that government entity is made, either by the investment adviser or by any covered associate of the investment adviser.  This prohibition does not apply to contributions made by a covered associate to officials for whom the covered associate was entitled to vote at the time of the contributions if the contributions did not exceed $350 in the aggregate to any one official, per election.  The prohibitions also do not apply to contributions made by a covered associate to officials for whom the covered associate was not entitled to vote at the time of the contributions if the contributions did not exceed $150 in the aggregate to any one official, per election.

An additional prohibition prevents an investment adviser from providing or agreeing to provide, directly or indirectly, payment to any person to solicit a government entity for investment advisory services unless that person is a regulated person or is an executive officer, general partner, managing member, or employee of the investment adviser.  Nor may such advisers coordinate or solicit any person or political action committee to make a contribution to an official of a government entity to which the adviser is providing or seeking to provide investment advisory services or payment to a political party of a state or locality where the investment adviser is providing or seeking to provide investment advisory services to a government entity.

The rule has two important compliance dates.  The March 14, 2011 date applied to investment advisers subject to the rule.  The other compliance date, September 13, 2011, is when investment advisers will no longer be able to use third parties to solicit government business except in compliance with this rule.  Additionally, advisers to registered investment pools have until the September 13 date to comply with this rule.

Under Assembly Bill 447, all committees making expenditures or receiving contributions of more than $500 would be required to file quarterly statements.

The legislation would eliminate independent expenditure reports, odd-year committee reports, and certain supplemental pre-election reports. Instead, all officers, candidates, and committees would have one pre-election report due 16 days before an election.

Late contribution reports would still be required within 24 hours of making a contribution near an election.

Photo of the California State Assembly Chamber by Lincolnite on Wikipedia.

Individuals and entities using the FEC’s FECFile software to file will have to update to the software’s latest version (7.0.1.0).

Reports using earlier versions will not be accepted.

Those using commercial software are advised to contact his or her vendor to ensure compliance with the latest electronic filing format.

The Secretary of State has approved a summary for a proposed ballot measure to limit campaign contributions to candidates in Missouri.

The proposal would prohibit candidates from accepting more than $5,000 per donor for each election.

The Secretary of State’s action clears the way for supporters to begin collecting the more than 91,000 signatures needed to put the question to voters in 2012.

Photo of Missouri Secretary of State Robin Carnahan courtesy of the Secretary of State website.

Cole County Circuit Court Judge Daniel Green ruled that Senate Bill 844, which became effective August 28, 2010, is unconstitutional because it covers multiple subjects.   The Missouri constitution requires that bills contain only one subject.

The bill sharply restricted transfers between campaign committees, boosted the enforcement powers of the Missouri Ethics Commission, and created measures aimed at reducing situations in which candidates channeled money through several committees to obscure their source.   The court found that the procurement measures in the bill were the “original controlling purpose,” and thus should be upheld while all other measures relating to campaign finance are void.

The Missouri Attorney General’s office and the Missouri Ethics Commission are currently reviewing the decision to examine both enforcement procedures and further legal action.

Senate Bill 39 has been signed by Governor Daugaard and will take effect July 1, 2011.

This law will allow corporations to make contributions to political action committees, contributions previously banned by state campaign finance law.

Under this bill, however, corporate contributions to candidates, candidate committees, or political parties are still prohibited.

Photo of Governor Daugaard courtesy of the South Dakota Governor website.

LB 606 would require any person who makes an electioneering communication in the amount of more than $250 to file a report of the electioneering communication with the Nebraska Accountability and Disclosure Commission, similar to the requirements for those making independent expenditures.

Further, the measure would require a corporation, labor organization, or business association making an electioneering communication with a value of more than $250 to file a report with the Commission including the nature, date, and value of the electioneering communication, as well as the name of the candidate identified in the electioneering communication.

Finally, the term ‘electioneering communication’ would be defined to mean any communication referring to a clearly identified candidate, is publicly distributed in the 30 days before an election, and is directed to the electorate of the office sought by the clearly identified candidate, while also noting ‘electioneering communication’ would not include a contribution or expenditure, a communication by media, a candidate debate, or a communication by a membership organization to the organization’s members.

Photo of the Nebraska State Capitol by Decumanus on Wikipedia.

House Bill 89 has been signed into law by Governor Brian Schweitzer. The bill removes the requirement that political committees, organized to support a state district candidate or issue, file reports of contributions of $100 or more with the county election administrator.

These contribution reports will only be filed with the Commissioner of Political Practices.

The new law becomes effective October 1, 2011.

The City of Paterson has implemented a new pay-to-play ordinance which enhances the rules concerning contribution limits for entities doing business with the city. Ordinance 11-006 includes an absolute ban on contributions between the time of first communication regarding a specific agreement and the termination of negotiations, the rejection of a proposal, or the completion of a contract. The ordinance also outlines specific contribution limits, in the 12 months prior to a contract, to mayoral and governing body candidates and their committees, joint candidate committees, Passiac County political committees, and PACs.

In order to receive financial aid from the state, the City of Paterson’s passage of the legislation was required by an earlier agreement with the New Jersey Transitional Aid to Localities program, the state’s financial aid program for local municipalities and counties.

Map of Paterson in southern Passaic County, New Jersey by JimIrwin on Wikipedia.

A bill has been introduced in the Iowa Legislature to impose a five percent “fee” on contributions in excess of $250 per year received by a PAC, candidate, or candidate’s committee from a single source.

Additionally, House File 140 would apply the same fee to political advertisements made by candidates or their committees and independent expenditures made by corporations.

The funds raised would be used to help offset the cost of operating the Iowa Ethics and Campaign Disclosure Board.

Photo of the Iowa State Capitol by Iqkotze on Wikipedia.