August 11, 2010 •
Wisconsin G.A.B. Settles Issue-Ad Lawsuit
The Government Accountability Board (G.A.B.) has settled the lawsuit brought by One Wisconsin Now and Wisconsin Club for Growth over the board’s issue advocacy regulations.
Per the terms of a settlement reached Tuesday, the G.A.B. will not enforce regulations requiring groups who run issue ads to disclose their financing if the ads they paid for aired 30 days before a primary or 60 days before a general election. Now, only advertisements advocating the defeat or election of identified candidates will be regulated in Wisconsin.
U.S. District Judge William M. Conley is expected to approve the settlement ending the litigation on August 11, 2010.
Here is the statement from the G.A.B. Web site.
You can read the Wisconsin Department of Justice stipulation letter to Judge Conley, and the Stipulation and Proposed Order.
For more news: “State agrees to drop new campaign ad rules,” by Patrick Marley in the Milwaukee Journal Sentinel.
Photograph taken by Dori
August 11, 2010 •
Wisconsin Attorney General Issues Citizens United Opinion
State Attorney General J. B. Van Hollen issued a formal opinion on the impact on Wisconsin law of the recent U.S. Supreme Court decision in Citizens United v. Federal Election Commission.
Van Hollen explains, per Citizens United, any ban on corporate independent expenditures found in Wisconsin law violates the free speech and association guarantees of the First Amendment. The current prohibition found in Wisconsin law, however, banning the making and acceptance of corporate contributions was not reached by the Supreme Court and so it remains standing. Van Hollen goes on to explain Citizens United did not exclude issue advocacy from the scope of permissible reporting, disclosure, and disclaimer regulations which may be imposed by states like Wisconsin.
Finally, Van Hollen concurred with the recent efforts by the Government Accountability Board to suspend its enforcement of the corporate expenditure prohibition found in state law at Wisconsin Statutes § 11.38 (1)(a)(1) as those provision were clearly reached by the Citizens United decision. Attorney General Van Hollen’s opinion may be found at the Wisconsin Department of Justice’s Web site.
Photo of J.B. Van Hollen by WisPolitics.com on Wikipedia.
August 5, 2010 •
House Financial Services Committee Approves Shareholder Protection Act
The House Financial Services Committee has approved the Shareholder Protection Act of 2010 by a vote of 35-28.
H.R. 4790 requires any corporation making political expenditures must first amend its bylaws to require majority shareholder approval of any political expenditure in excess of $50,000. Corporations would also have to annually report all political spending over $10,000 to their shareholders.
The legislation authorizes the Securities and Exchange Commission (SEC) to require disclosure of all political expenditures made by a corporation as well as the individual votes of company board members who authorized the expenditures. Further, the measure requires the SEC to publish the disclosures on its public website. The measure now moves to the full House for consideration though the vote may not occur until after Congress returns from its August recess.
August 4, 2010 •
Social Media is the Emerging Question
The use of political ads on Web sites and in social media continues to test the practice of political campaigning.
California’s Fair Political Practices Commission just released a report by the Subcommittee on Internet Political Activity saying political ads used on Web sites and social media platforms such as Facebook and Twitter should be regulated the same way ads are on any other medium.
Here are two articles for further reading :
“Social media wrap: California watchdog recommends Internet political campaign regulations,” by Craig Howie in the Los Angeles Times on August 2, 2010.
“State panel calls for online political ad rules,” by Marisa Lagos in the San Francisco Chronicle on August 3, 2010.
August 4, 2010 •
Two Wisconsin Groups File a Law Suit
A liberal and a conservative group join forces to fight a new Wisconsin law regulating political issue ads.
Wisconsin Club for Growth and One Wisconsin Now filed a lawsuit in federal court against the Wisconsin Government Accountability Board. The groups say the new law infringes upon their right to free speech. The rule they oppose requires any group putting out a political issue ad to disclose the source of their money and how they spent it – whether or not the words in the ad direct a person to vote for or against a candidate.
The groups also raise the concern that the new law would bring greater internet regulation.
The Milwaukee Journal Sentinel offers this article on the challenge:
“Political opposites protest ad rules,” by Jason Stein, August 1, 2010.
Photograph taken by Dori
August 3, 2010 •
Connecticut Follow-up
Connecticut governor vetoed campaign finance bill.
Governor M. Jodi Rell vetoed Senate Bill 551, a bill passed in response to the recent U.S. Circuit Court of Appeals decision in Green Party of Connecticut v. Garfield regarding the state’s Citizens’ Election Program, due to concerns over the state budget. Governor Rell had previously indicated to legislators her intent to veto any bill which increased grants to candidates participating in the program, but legislators chose to increase from $3,000,000 to $6,000,000 the grant to candidates participating in the general election for governor.
Rell criticized the decision, stating legislators “have taken a program that was intended to remove the taint of special interests and corruption from political campaigns and turned it into a welfare program for politicians.” Legislators are now considering a veto override to save the bill.
For more of the story, here is an article in the Boston Globe:
“Conn. governor vetoes bill to fix campaign law,” by Susan Haigh.
August 3, 2010 •
Third Party Challenges R.I. Public Campaign Finance System
The Moderate Party, which only gained official party status in Rhode Island a year ago, has sued the state in federal court claiming the current public campaign financing system is unfair to third parties.
Rhode Island General Treasurer Frank Caprio, who is running as a candidate for governor this fall, plans to argue the current system is equitable and has not placed the Moderate Party in a weaker financial position than the Republicans or Democrats.
U.S. District Judge William Smith will hear arguments in the suit this coming Thursday.
For further reading, here is an article by the Associated Press in the Boston Globe: “Caprio: RI campaign finance system is fair”
You will find many resources at the State of Rhode Island Board of Elections Campaign Finance Web site.
August 2, 2010 •
News You Can Use – August 2
Three articles from the upcoming issue of News You Can Use.
Maine’s Clean Election Act is in question after a U.S. Supreme Court decision regarding Arizona’s clean elections program and a federal court decision in Connecticut:
“ME: Maine watching Arizona elections case,” by Kevin Miller from the Bangor Daily News.
Former Florida House Speaker Ray Sansom gets no plea deal because he refuses to participate in a sheriff’s work program:
“Ray Sansom Plea Deal Scrapped When Defendants Balk at Jail Gang Duty,” by Lee Logan and Steve Bousquet from the St. Petersburg Times
From Pennsylvania, Bonusgate staffer Stephen Keefer files a lawsuit in federal court:
“Acquitted Bonusgate Staffer Files Lawsuit,” by Brad Bumsted and Brian Bowling from the Pittsburgh Tribune-Review
August 2, 2010 •
Connecticut General Assembly Passes Campaign Finance Bill
On July 30, 2010, during a special session, the Connecticut General Assembly passed Senate Bill 551.
SB 551 is a response to the recent U.S. Circuit Court of Appeals decision in Green Party of Connecticut v. Garfield regarding the state’s Citizens’ Election Program. If signed by Governor M. Jodi Rell, the bill would limit contributions from communicator lobbyists, members of the lobbyist’s immediate family, and political committees established or controlled by the lobbyist or lobbyist’s immediate family to $100, while also banning the bundling of contributions by the same individuals.
Further, the bill expands the list of items not considered to be a contribution, while also prohibiting the knowing solicitation of contributions by state contractors, prospective state contractors, principals of state contractors, and principals of prospective state contractors from the contractor’s employees or a subcontractor or principals of a subcontractor on behalf of exploratory or candidate committees, political committees authorized to make contributions or expenditures to or for the benefit of specified candidates, or a party committee.
Additionally, grants to participating candidates would increase to $6,000,000 for the general election campaign. However, Governor Rell has previously indicated her intent to veto any bill increasing grants to participating candidates, citing state budget concerns.
Photo by jimbowen0306 in Wikipedia.
July 29, 2010 •
Wyoming Lawmakers Challenge State Election Law
Four Wyoming lawmakers are challenging the provisions of the state election code prohibiting political contributions by corporations.
The legal petition filed by the lawmakers asks a state district court to review Wyoming’s election law in light of the recent U.S. Supreme Court ruling in Citizens United v. Federal Election Commission. At present, Wyoming law prohibits corporations from making campaign contributions, a position which puts it at odds with the Supreme Court’s ruling.
While Wyoming’s election law hasn’t yet been challenged on grounds raised by Citizens United, it is seen by some lawmakers in Cheyenne as only a matter of time before a lawsuit emerges. The lawmakers hope their petition will preempt any such litigation against the state.
Here are some useful Wyoming links:
Wyoming State Legislature Web site
July 29, 2010 •
Akron Campaign Finance Legislation Passed
Akron City Council has approved legislation amending the city’s campaign finance law.
Under the new legislation, the city’s contribution limits of $300 for mayoral and at-large council candidates and $100 for ward council candidates do not apply when candidates are raising money outside of their own elections or reelections and other expenses such as “the duties of public office and seeking nomination or election to another office”.
The new legislation also lifts contribution limits for fundraising efforts by candidates for other candidates or for a political party.
Watch for more news on the Akron City Council Web site and at Ohio.com.
July 28, 2010 •
U.S. Senate Fails to Pass DISCLOSE Act
On a vote of 57-41, the Senate Democrats failed to gather the 60 votes needed to overcome an expected filibuster of S. 3628, Congress’ legislative response to the U.S. Supreme Court’s ruling in Citizens United v. Federal Election Commission.
For the time being, the Supreme Court’s ruling stands. Another vote is thought possible in September after Congress returns from the August recess.
Here are three articles for further reading:
“Senate Dems lack votes to overcome Republican filibuster of Disclose Act,” by Alexander Bolton in The Hill.
“Dems table campaign finance reform,” by Meredith Shiner in Politico.
“Bill on political ad disclosures falls a little short in Senate,” by Dan Eggen in the Washington Post.
July 27, 2010 •
FEC Approves Creation of Independent Expenditure Committees
The Federal Election Commission (FEC) has issued two advisory opinions approving the creation of two independent campaign committees which plan to solicit and accept unlimited contributions from individuals, political committees, corporations, labor organizations, and the general public.
The committees plan to use funds to make independent expenditures. Citing the recent Supreme Court decision in Citizens United v. Federal Election Commission as well as a less-well known decision by the U.S. Court of Appeals for the District of Columbia issued this year called SpeechNow.org v. FEC, the FEC concluded corporations, labor organizations, and political committees may make unlimited independent expenditures from their own funds, and individuals may pool unlimited funds in an independent expenditure-only political committee.
In the case of the independent committee Commonsense Ten, a registered, non-connected political committee (Advisory Opinion 2010-11), the FEC concluded it could solicit and accept unlimited contributions from individuals, corporations, labor organizations, and political committees for the purpose of making independent expenditures.
In the case of Club for Growth, Inc., a 501(c)(4) corporation, (Advisory Opinion 2010-09),the FEC concluded on the same basis provided by Citizens United and SpeechNow.org it could establish and administer a committee to solicit and accept unlimited contributions from individuals in the general public, including contributions given for specific independent expenditures.
The FEC issued both advisory opinions on a vote of 5 to 1. Commissioner Steven T. Walther dissented in both opinions.
July 23, 2010 •
DISCLOSE Act Heads to U.S. Senate Next Week
Majority Leader Harry Reid (D-Nev.) has filed cloture on the DISCLOSE Act, Congress’ response to the recent Supreme Court decision in Citizens United v. Federal Election Commission.
The measure will come to a vote on the floor of the Senate early next week. Reid’s move begins the endgame for the legislation even though he does not yet have the votes to overcome the anticipated filibuster from the bill’s opponents.
New York Senator Charles Schumer, who authored S. 3295, the Senate’s version of the DISCLOSE Act, has modified the bill to address concerns raised when H.R. 5175 was passed by the House earlier this summer. Democrats hope the changes will be enough to win the support of Maine GOP Senators Susan Collins and Olympia Snowe, both of whom expressed reservations regarding the House bill. For example, Senator Collins believes H.R. 5175 provides unions with special exemptions and a corresponding unfair political advantage over corporations.
It is unclear at this time whether or not changes to the Senate bill offered by Schumer will be enough to overcome Collins’ and Snowe’s objections. The Senate vote could come as early as Tuesday.
If you are looking for more coverage, the Hill has two articles by Susan Crabtree:
“Schumer files new version of campaign-finance bill to court centrist votes,” July 22, 2010
“Sen. Reid sets up showdown next week on campaign finance,” July23, 2010
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