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
July 23, 2010 •
N.H. Governor Vetoes Executive Ethics Commission Bill
New Hampshire Governor John Lynch has vetoed legislation that would have permitted members of the Executive Branch Ethics Committee to participate in partisan political activities.
Senate Bill 440 would have permitted members of the committee, during their term of service, to participate in elections for federal offices, including allowing their names to be in used in endorsements of candidates. Members would have also been permitted to campaign for candidates seeking federal offices and make contributions to their campaigns.
Citing the potential conflict-of-interest that could arise from members of the ethics committee engaging in political activity, Governor Lynch vetoed the measure on July 20, 2010. “I believe that SB 440 would weaken the Executive Branch Ethics Committee and would compromise the ability of its members to discharge their obligations impartially in the eyes of the public. It could create the perception that partisan politics plays a role in the decisions of the committee,” Lynch said.
For further reading here is the governor’s press release.
Photo by Marc Nozell used under a Creative Commons license.
July 22, 2010 •
News You Can Use – July 22
Maryland Lawmakers Regulate Social Media Activity
Lawmakers adopted rules for candidates using social networking Web sites, making Maryland one of the first states to regulate such activity.
Here are two articles for further reading:
“Candidates Must Adhere to New Social Media Rules,” by Julie Bykowicz in the Baltimore Sun
“Maryland Lawmakers Pass New Election Law Restricting Facebook Today,” by Chet Dembeck in the Baltimore Examiner
July 21, 2010 •
Mass. Issues Emergency Rule
A new Massachusetts rule regarding independent expenditure PACs takes effect July 16.
The Massachusetts Office of Campaign and Political Finance (OCPF) has issued an emergency rule regarding independent expenditures by political action committees.
Emergency Rule 970 C.M.R. 2.17, which states a political action committee only raising funds to make independent expenditures, and then only making independent expenditures, will be regarded as an independent expenditure PAC. Unlike other PACs, independent expenditure PACs may raise funds from individuals without limit, and from corporations and other entities otherwise prohibited from contributing to PACs pursuant to Massachusetts law. Independent expenditure PACs are subject to all other requirements applying to other PACs, including disclosure requirements.
An independent expenditure PAC may not directly or indirectly coordinate its campaign activity with any Massachusetts candidate or political committee. If the independent expenditure PAC makes a coordinated expenditure it becomes a PAC subject to all requirements, including limits on contributions applying to other PACs.
Finally, the term “election” includes any preliminary, primary, or special general election. All preliminary reports of independent expenditures must be filed electronically. The emergency rule was effective upon filing on Friday, July 16, 2010.
Photo from the National Atlas of the United States.
July 19, 2010 •
Wisconsin G.A.B. to Meet
The Wisconsin Government Accountability Board (G.A.B.) will convene a two-day meeting beginning July 21, 2010 at 9:30 A.M.
The two-day session will continue on July 22, 2010 beginning at 8:30 A.M. There will be open and closed door sessions on both days. The G.A.B. is expected to discuss a request to extend G.A.B. Emergency Rule 1.91 relating to organizations making independent disbursements.
Among the other proposed campaign finance issues on the agenda are guidelines concerning charitable contributions, campaign fundraising, campaign contributions by lobbyists and principals, candidates and the lobby law, and campaign finance registration and reporting. Day One of the two-day meeting will be held in the Joint Committee on Finance Hearing Room located at 412 East in the State Capitol. Day Two will convene in the G.A.B. board room located at 212 East Washington Avenue, third floor in Madison.
Here are some great resources from the GAB Web site!
Photograph taken by Dori
July 16, 2010 •
Proposed Campaign Finance Reform in Cuyahoga County
Mason submits campaign finance and lobbying recommendations for new Cuyahoga County Government.
Cuyahoga County Prosecutor Bill Mason and the Campaign Finance Reform Committee, which convened in March 2010 to study campaign finance reform issues in Cuyahoga County, have announced four recommendations that will be forwarded to the new Cuyahoga County government due to take office on January 1, 2011. The recommendations include the establishment of an electronic filing system for campaign finance reports, the establishment of a lobbyist registry for Cuyahoga County, and the establishment of campaign contribution limits for county-wide offices. Finally, the committee recommends the new county government adopt a Clean Elections Act which would implement a voluntary, publicly funded campaign financing option for candidates for Cuyahoga County offices. Mason hopes the new county government will take up the recommendations quickly once it takes office next year.
Here are some resources for further reading:
Cuyahoga County Charter Transition Advisory Group Web site
New campaign finance rules proposed for Cuyahoga County, by Kevin Niedermier at WKSU
Cuyahoga County Prosecutor Bill Mason announces campaign finance reforms, by Laura Johnston at the Cleveland Plain Dealer
July 16, 2010 •
Federal Appeals Court Decisions Affect Campaign Finance in Connecticut
The United States Court of Appeals for the Second Circuit issued two separate decisions in regards to the case of Green Party of Connecticut v. Garfield on July 13, 2010, one decision affecting the Connecticut Campaign Finance Reform Act (CFRA) and another affecting the state’s Citizens Election Program (CEP).
In the first decision, the court affirmed the U.S. District Court’s decision upholding the CFRA’s ban on contributions by state contractors, prospective state contractors, and the principals of contractors and prospective state contractors, as well as the spouse and dependent children of these individuals. However, in a reversal of the lower court’s decision, the Second Circuit struck down the ban on contributions from lobbyists and their families.
In the second decision, the court overturned a prior U.S. District Court decision which had declared the Citizens Election Program’s public financing for qualifying candidates as unconstitutional on the basis it discriminated against minor parties and their candidates. The court, however, agreed with the earlier decision in finding the CEP to unconstitutionally infringe upon the First Amendment rights to free speech of privately funded wealthy candidates when the state’s program required extra public funds be distributed to publicly funded candidates when certain financing “triggers” had been achieved. The Connecticut State Elections Enforcement Commission is expected to meet with the attorney general to determine the next course of action.
(Image from the National Atlas of the United States)
July 15, 2010 •
Missouri Governor Approves Ethics Law
Missouri Governor Jay Nixon signed ethics legislation designed to help clean up Missouri’s political culture.
This ethics overhaul was a top priority for Nixon and legislative leaders this year. Among the major changes, the new law requires elected officials and candidates to report larger campaign donations within 48 hours. It also gives the bipartisan Missouri Ethics Commission the power to begin investigations on its own, without waiting for a complaint. The law also expands reporting requirements for lobbyists who invite groups of state officials to events. Under this new law, campaign disclosure reports must be filed electronically beginning in January, 2011 and the fines for late reports are increased significantly.
July 15, 2010 •
Upcoming ELEC meeting
New Jersey elections agency will be holding a meeting.
The Election Law Enforcement Commission (ELEC) will have a meeting at 11:00 a.m. on Tuesday, July 20, 2010 at the Commission’s office located at 28 West State Street, 12th floor, in Trenton. Executive Director Jeff Brindle will be on hand to chair the meeting. The agenda is expected to include recent staff activities, campaign financing, and other matters of concern and interest to the Commission. There will be an opportunity for public comment.
July 15, 2010 •
Sen. Brown to Oppose DISCLOSE Act
News concerning the campaign finance overhall.
U.S. Sen. Scott Brown (R-Mass.) announced he would oppose the DISCLOSE Act, depriving Democrats of an important swing vote on the legislation. For more insight on the future of the campaign finance bill, here are three articles:
Sen. Brown to oppose Disclose Act, by Susan Crabtree in The Hill.
Brown’s opposition dims chances for campaign finance overhaul, by Matt Viser in the Boston Globe.
July 14, 2010 •
N.J. Election Law Enforcement Commission Proposes Amendments to Pay-to-Play Laws
The Election Law Enforcement Commission (ELEC) discusses its Pay-to-Play priority recommendation to the state legislature in its July, 2010 newsletter which is now available on-line.
ELEC recommends four Pay-to-Play reform steps it would like to see passed into law. First, ELEC recommends any reform of Pay-to-Play regulations should address the patchwork quilt of local Pay-to-Play laws which have developed over time. Current state law allows municipalities and counties to adopt their own ordinances provided they are consistent with the theme of “Pay-to-Play”. The lack of a standardized Pay-to-Play theme across jurisdictions has led to a myriad collection of laws which vary from place to place throughout the state.
Second, ELEC would like to see the confusing “Fair and Open” loophole as it is known, closed at the local level. “Fair and Open” allows local governments to forego the Pay-to-Play rules where bids are publicly advertised. In such a case, the $300 campaign contribution limit imposed by state law does not apply if a local jurisdiction has its own procedures for bidding and awarding contracts.
Third, ELEC asks for every public contract over $17,500 to be subject to disclosure requirements which are now reserved for vendors whose contracts exceed $50,000 statewide. Finally, ELEC would like to see the campaign contribution limit raised above $300. Citing the high cost of media advertising in New Jersey, ELEC states that the present limits provided by law are comparatively low.
The commission explains it is mindful of public concerns regarding the presence of money in politics. That said, ELEC feels its recommendations regarding contribution limits would be offset by corresponding enhancements to disclosure requirements. The ELEC newsletter may be found at: www.elec.state.nj.us .
July 13, 2010 •
Commission Proposes Removing Campaign Finance Reform from Akron Charter
The City of Akron Charter Review Commission has issued its final report to city council.
Among the recommendations submitted to the council is a proposal to remove campaign finance reform from the City Charter. The commission found, with one exception, campaign finance reform was not contained in the city charter of any other major Ohio city. Citing the need for periodic amendments to campaign finance legislation and the need to adjust campaign contribution limits from time to time to account for inflation, the commission recommended the city adopt future campaign finance regulations by means of ordinances rather than charter amendments. Given the potential complexity of the issues involved, commissioners concluded campaign finance regulations require a level of detail inappropriate for a charter. The Commission’s recommendations also include a mandatory review of campaign finance legislation every two years going forward. The review would include a public hearing to obtain public comment on any proposed changes to campaign finance ordinances. The proposal must now be passed by council and then submitted to Akron voters for final adoption.
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