A bill extending through 2018 the authority of the Federal Election Commission to impose civil money penalties on the basis of a schedule of penalties established and published by the commission has passed both houses of Congress. The bill applies the penalties to violations of qualified campaign contribution and expenditure disclosure requirements. House Bill 3487 passed the Senate on Friday December 20, 2013.

Lobbying

“The Life Of A Lobbyist In A Do-Nothing Congress” by Peter Overby on Georgia Public Broadcasting.

“K Street sizes up retiring lawmakers” by Kevin Bogardus in The Hill.

“Patton Boggs, Locke Lord call off merger talks” by Catherine Ho in The Washington Post.

Campaign Finance

Maryland: “Gansler recused himself from state election ruling” by Erin Cox in The Baltimore Sun.

Ohio: “Campaign-finance effort fought” by Josh Jarman in the Columbus Dispatch.

Ethics

“Senate Passes Bill to Expand FEC Fines” by Kent Cooper in Roll Call’s Political MoneyLine.

South Carolina: “House Ethics to hear case over state plane use” by Seanna Adcox (Associated Press) in The Greenville News.

Washington: “Free Meal Complaint Against Lawmakers Dismissed, ‘Serious Concerns’ Remain” by Austin Jenkins in Northwest Public Radio.

Elections

Florida: “Florida elections opinion could make uncovering fraud more difficult” by Patricia Mazzei in the Miami Herald.

State Legislatures

“New Hampshire’s state legislature is nine times larger than Nebraska’s” by Niraj Chokshi in The Washington Post.

Michigan: “2013 in the Michigan Legislature: Some common ground, but more partisan wounds that need to heal” by Jonathan Oosting in Michigan Live.

Government Tech and Social Media

“Half of Md. lawmakers with Twitter accounts neglect to comply with disclosure rule” by John Wagner in The Washington Post.

The Philadelphia Board of Ethics staff has released a revised gift proposal following claims its initial proposed limits were too lax. The new suggested limits are a ban on gifts of more than $100, with a limit of $25 on cash gifts, per calendar year from any source not a family member of the recipient. The initial limits proposed were $200 per year, with a cap of $50 for cash gifts, resulting in outcry from watchdogs.

The new proposed limits were greeted with skepticism, however, because the provision allowing for cash gifts remained. Executive Director Shane Creamer insisted the Board cannot ban cash gifts altogether because the city code permits cash gifts, prompting the Board to decide on formally requesting the City Council to consider amending the code.

The suggested limits could drop yet again before the Board votes, as a number of Board members suggested a $50 annual limit was preferable. The Board could potentially vote on the rules at its January meeting.

Federal:

How Washington Starves its Election Watchdog

The Center for Public Integrity – Dave Levinthal | Published: 12/17/2013

The recent hacking of the FEC’s computer system marked the nadir of a year that ranks among the commission’s darkest, according to an investigation by the Center for Public Integrity. Bitter ideological warfare among commissioners and congressional and White House indifference have yielded an agency less able to fulfill its stated mission: to “prevent corruption in the federal campaign process by administering, enforcing, and formulating policy.”

From the States and Municipalities:

Arizona – Ariz. High Court Upholds Campaign Giving Limits

East Valley Tribune; Associated Press –   | Published: 12/18/2013

The Arizona Supreme Court ruled candidates can accept much larger sums of money from donors. The justices said the Legislature was within its legal right to decide that contenders for both statewide and legislative office can take up to $4,000 from individuals and PACs. The brief order also lifted the injunction an appeals court put in place blocking the higher limits from taking effect.

California – L.A. City Council Drops Push for Increase in Gift Limit

Los Angeles Times – David Zahniser | Published: 12/11/2013

The Los Angeles City Council agreed not to raise the level of gifts that members are allowed to accept from the current $100 per donor per year. Council President Herb Wesson had sought a change in the law to allow members to receive up to $150 in gifts from each supporter, but he dropped that when his and other council members’ offices were deluged with calls.

Colorado – Appeals Court Upholds Ruling against Gessler

Colorado Law Week; Staff –   | Published: 12/12/2013

The Colorado Court of Appeals ruled several changes to campaign finance disclosure regulations made by Secretary of State Scott Gessler were invalid. The court affirmed a lower court ruling that struck down rules that reduced or eliminated disclosure requirements for political committees, and threw out Gessler’s rule that narrowed the definition of “electioneering communications.”

Florida – David Jolly Has Unique Challenge: Lobbyist seeking seat in Congress

Tampa Bay Times – Alex Leary | Published: 12/10/2013

David Jolly parlayed his work as an aide to the late U.S. Rep. C.W. Young into a lobbying career, the quintessential Washington “revolving-door” story. As he pursues the Republican nomination in a congressional special election, opponents have seized on Jolly’s lucrative profession. Many former aides have left for K Street jobs over the years, returning to Capitol Hill to ply a system they know intimately. But it is rare for a lobbyist to run for office, and those who do face the same attacks as Jolly is now.

Georgia – State Sen. Don Balfour Cleared of All Charges

Creative Loafing Atlanta – Max Blau | Published: 12/19/2013

Georgia Sen. Don Balfour was found not guilty on all 18 felony corruption counts against him. He was accused of illegally claiming legislative expense and mileage pay, and double-billing the state and his private employer for some expenses. Balfour told jurors he was very busy as chairperson of the Senate Rules Committee and as an executive of Atlanta-based Waffle House, and the inaccurate filings were unintentional. Gov. Nathan Deal’s office said Balfour’s suspension from office is lifted immediately so he can resume his duties as a senator.

Georgia – Subpoenas Related To Ethics Complaints Involving Georgia Gov. Nathan Deal

Huffington Post – Christina Cassidy (Associated Press) | Published: 12/12/2013

A federal grand jury is investigating the Georgia ethics commission, which cleared Gov. Nathan Deal of campaign finance violations during his 2010 campaign. The grand jury has subpoenaed Executive Secretary Holly LeBarge, staff attorney Elisabeth Murray-Obertein, and staffer John Hair, seeking documents related to the commission’s probe of Deal’s campaign finances. Deal’s lawyer said the investigation likely concerns allegations that documents in the case went missing, and does not involve the governor.

Michigan – Michigan Senate OKs Campaign Donation Increases

Detroit News – Gary Heinlein | Published: 12/12/2013

Michigan lawmakers moved to raise maximum contributions to candidates for the first time in decades and keep intact rules so donors behind certain political ads can stay anonymous. Senate Bill 661 won final approval in the Senate after barely clearing the House a day earlier. Donation limits to candidates would double after going unchanged for 37 years and rise with inflation over time.

Minnesota – Minnesota Lawmakers Probe into Problems with State’s Campaign Finance Data

Minneapolis Star Tribune – Rachel Stassen-Berger and Glen Howatt | Published: 12/16/2013

Minnesota’s campaign finance regulatory agency plans to implement new auditing procedures and seek a law change to deal with errors in its online database of political fundraising transactions. Agency officials testified at a legislative hearing following a Minneapolis Star Tribune analysis that found one in seven electronic records of donations tracked by the Campaign Finance and Public Disclosure Board is incorrect.

Mississippi – Attorney General Jim Hood Appealing Federal Judge’s Ruling on Mississippi Campaign Finance Law

Mississippi Press; Associated Press –   | Published: 12/14/2013

State Attorney General Jim Hood appealed a federal judge’s ruling that part of Mississippi’s campaign finance law creates an unconstitutional burden for people or groups that spend at least $200 to support or oppose a ballot initiative. U.S. District Court Judge Sharion Aycock has said Mississippi may regulate individuals and groups attempting to influence constitutional ballot measures, but its “convoluted and exacting” requirements are too burdensome with the $200 threshold.

New Jersey – Christie’s Top Port Authority Appointee Baroni Resigns amid Escalating Probe into GWB Lane Closures

Bergen Record – Shawn Boburg and John Reitmeyer | Published: 12/13/2013

A burgeoning scandal led to the resignation of Bill Baroni, the deputy executive director of the Port Authority of New York and New Jersey, and David Wildstein, who agreed to step down from his position as director of interstate capital projects. Both men have caught up in a widening investigation into allegations they may have orchestrated a series of massive traffic jams at the George Washington Bridge as political payback against the mayor of Fort Lee, the town at one end of the bridge, for not endorsing Gov. Chris Christie for re-election.

New Mexico – Federal Appeals Court Overturns New Mexico Campaign Funding, Spending Limits

Columbus Republic – Susan Montoya Bryan (Associated Press) | Published: 12/18/2013

The 10th U.S. Circuit Court of Appeals said a lower court was right in issuing a preliminary injunction to keep New Mexico from imposing limitations on certain contributions going to and from political parties and PACs. At issue is whether political committees that are not formally affiliated with a political party or candidate can receive unlimited contributions for independent expenditures. Republicans argue the state’s cap on such donations is unconstitutional.

New York – Where Albany Does Business

Capital Playbook – Jimmy Vielkind | Published: 12/5/2013

Time and again, the gears of government have turned not during official gatherings in meeting rooms at the New York Capitol, but over dinners and drinks at any number of “power spots” around the Albany region. Stop by any of these sites on a Monday or Tuesday night in January or July and you might be surprised who you run into, or what is going on.

Pennsylvania – Board Still Struggling with Phila. Gift Rule

Philadelphia Inquirer – Claudia Vargas | Published: 12/18/2013

Staff members for the Philadelphia Board of Ethics made their latest recommendation on proposed changes to the city’s gift law. The staff proposed barring city officers and employees from accepting any gifts worth more than $100 per year, including $25 in cash, from any nonfamily source. But the board and other ethics advocates are still not happy with the limits and the overall language.

Virginia – In Probe of Va. Gov. McDonnell, Prosecutors Agreed to Delay Decision on Charges

Washington Post – Rosalind Helderman, Carol Leonnig, and Sari Horwitz | Published: 12/19/2013

Federal prosecutors have delayed filing felony charges against Virginia Gov. Bob McDonnell and his wife over a gift scandal after their legal teams made a face-to-face appeal in Washington, D.C. The attorneys had been pressing Justice Department officials to reconsider or delay the charges, at least long enough for McDonnell to complete his four-year term.

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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Lobbying

“Top 10 lobbying victories of 2013” by Kevin Bogardus in The Hill.

“Rhoden: Let’s ban lawmaker lobbying” by David Montgomery in the Argus Leader.

Massachusetts: “Feds indict ex-CFO of firm tied to disgraced lobbyist” by Eric Convey in the Boston Business Journal.

Campaign Finance

Alabama: “Committee looks for way to put teeth in Alabama campaign finance law” by Kim Chandler in The Birmingham News.

Alabama: “New fines for campaign finance violations can’t be enforced by secretary of state” by Kim Chandler in The Birmingham News.

Arkansas: “Ex-legislator admits filing inaccurate campaign finance reports” by John Lyon in Arkansas News.

Arkansas: “Ethics Commission hears report on possible mishandling of funds by Darr” by John Lyon in Arkansas News.

Illinois: “Campaign accounts fund luxuries for some lawmakers” by Kim Geiger in the Chicago Tribune.

New Mexico: “New Mexico campaign spending limits overturned” by Susan Montoya Bryan (Associated Press) in the Houston Chronicle.

Wisconsin: “Campaign finance bill eases restrictions on Wisconsin lobbyists and wealthy contributors” by Jack Craver in The Capital Times.

Ethics

Georgia: “Ethics agency could debate ceding control to outside group” by Greg Bluestein and Shannon McCaffrey in The Atlanta Journal-Constitution.

Elections

California: “State Legislature To Consider Doing Away With Special Elections” by Claire Trageser in KPBS.

State Legislative Issues

Iowa: “Lawmakers gearing up for 2014 work” by Rod Boshart in the Quad-City Times.

Redistricting

Florida: “Legislators destroyed documents during redistricting” by Mary Ellen Klas in the Miami Herald.

Government Tech and Social Media

“Best of the Web & Digital Government Achievement Awards 2013 – Winners Announced” by Janet Grenslitt in Government Technology.

Lobbying

“The Lobbyists’ Lament” by Haley Barbour and Ed Rogers in Politico.

“K St. mints money from regs surge” by Megan R. Wilson in The Hill.

California: “Santa Clara County supervisors move forward on strengthening lobbyist regulations” by Eric Kurhi in the San Jose Mercury News.

Pennsylvania: “Ethics panel clears Penn Foundation in lobbying probe” by Kristen Graham in The Philadelphia Inquirer.

Campaign Finance

Arizona: “Arizona high court upholds higher campaign-contribution limits” by Mary Jo Pitzl in the Arizona Republic.

Colorado: “Court tightens campaign finance, budget showdown coming, more” by Edie Edelstein in the Colorado Springs Independent.

Massachusetts: “Outside spending on mayoral finalists hit $3.8m” by Wesley Lowerey in the Boston Globe.

South Carolina: “SC politics: Ethics panel weighs case against legislator” by Jamie Self in The State.

Ethics

“New FEC Chairman Chosen to Lead Agency During Election Year” by Kent Cooper in Roll Call.

Massachusetts: “Attorneys testify on ethics conflict proposal” by C. Ryan Barber in the Cape Cod Times.

Massachusetts: “Ethics Commission held at Statehouse; Would exempt political candidates” by Christine Lee in WWLP News.

Congress

“3 reps won’t run again, shaking 2014” by Alex Isenstadt in Politico.

State Legislative Issues

California: “California’s Crucial 2014 Races” by Curtis Tate in Governing.

Illinois: “Quinn drops appeal of lawmaker paycheck lawsuit” by Monique Garcia in the Chicago Tribune.

Pennsylvania: “Pa. House takes historic step toward shrinking size of General Assembly” by Jan Murphy in The Patriot-News.

Government Tech and Social Media

Rhode Island: “R.I. government website removes news stories reprinted without permission” by Philip Marcelo in the Providence Journal.

Lobbying

“Lobbyists: ‘Misunderstood’ in poll” by Tal Kopan in Politico.

Campaign Finance

“There’s No Way to Follow the Money” by Lee Aitken in The Atlantic.

Arizona: “For all the campaign finance limit marbles” by The Yellow Sheet Report in the Arizona Capitol Times.

Minnesota: “Minn. campaign money regulator promises to fix problems leading to faulty finance data” by The Associated Press in The Republic.

Ethics

“Report: Chinese hackers attacked crucial government election website” on CNN Politics.

“Ethics Committee Will Investigate Trey Radel” by Emma Dumain in Roll Call.

Florida: “Ethics commission offers advice on use of office” by Bill Cotterell in The Florida Current.

Legislative Issues

“Lackluster Final Score for Congress This Year: 8 to 22” by David Hawkings in Roll Call.

“Angry About Partisan Gridlock in Washington? Blame the States.” By Donald F. Kettl in Governing.

Louisiana: “Lawsuit challenging Louisiana’s congressional districts withdrawn” by The Associated Press in The Times-Picayune.

New Jersey: “State legislative panels scramble to advance hundreds of bills” by Michael Phillis and Leslie Brody in the Bergen Record.

Lobbying

“Poll: Lobbyists rank last on ethics” by Tal Kopan in Politico.

“Business to Boehner: Hit ’em hard” by Ken Bogardus in The Hill.

California: “Report: Special Interest Groups Paid Lobbyists Millions to Influence City Officials” by Alexander Nguyen in the Pacific Palisades Patch.

Campaign Finance

“Politicians move to rake in more campaign cash” by Fredreka Schouten in the Detroit Free Press.

“United Association’s Pipelines Move $651K in Political Funds” by Kent Cooper in Roll Call’s Political MoneyLine.

Michigan: “Michigan Gov. Rick Snyder signals ʹevolutionʹ on issue ads as campaign finance bill reaches desk” by  Jonathan Oosting in Michigan Live.

Michigan: “Campaign bills win final OK from Mich. Legislature” by Bob Brenzing in WZZM 13 News.

Mississippi: “Attorney General Jim Hood appealing federal judge’s ruling on Mississippi campaign finance law” by The Associated Press in The Mississippi Press.

Missouri: “Mo. legislature to look at campaign ethics laws” by Dan Verbeck on KBIA Mid-Missouri Public Radio.

Ethics

Alaska: “Rep. Bob Herron fined $5,000 for ethics violation” by Jim Paulin in the Bristol Bay Times.

Maine: “Maine campaign ethics panel expands scope of Lewiston casino campaign inquest” by Scott Thistle in the Bangor Daily News.

Ohio: “Concerns raised over Ohio disclosure exemptions” by The Associated Press in the San Francisco Chronicle.

The Texas Ethics Commission issued a resolution “unanimously condemn[ing] the use of misleading campaign communications regarding the activities of the [Ethics] Commission.”

In its resolution, issued on December 3, 2013 and released online this week, the commission states the use of statements like “‘a sworn complaint has been filed against Candidate A’ or ‘the Texas Ethics Commission is investigating a complaint against Candidate A’ are improper attempts to mislead the public.”

The commission asserts “anyone can file a complaint” with or without merit and the commission must investigate every sworn complaint, “whether it has merit or not.” Because of that, the bipartisan commission finds the use of such campaign advertising “an unfair practice” and argues the use of statements concerning the mere filing of a complaint or a legally required investigation of a complaint doesn’t provide “meaningful information” to voters.

Photo of the Texas State Capitol dome interior by Edward Uthman in Wikimedia Commons.

Lobbying

“New lobbying business slows to a trickle” by Byron Tau in Politico.

“For K St., nowhere to go but up” by Kevin Bogardus and Megan R. Wilson in The Hill.

“Under contract” in The Hill.

“Major Dem fundraiser closes lobby shop” by Megan R. Wilson in The Hill.

“ʹLobbyistʹ Not Curse Word to All Influencers” by Dave Levinthal in The Center for Public Integrity.

“Ex-congressman lobbies for group he used to fund” by Paul Singer in USA Today.

“SpaceX Launches Second Lobbying Team” by Kent Cooper in Roll Call’s Political MoneyLine.

San Francisco: “S.F. lobbying laws due for tightening” in the San Francisco Chronicle.

Campaign Finance

“Deals on campaign finance, corruption likely in Albany” by Yancey Roy in Newsday.

“All Senate Freshmen Now Have Personal PACs” by Kent Cooper in Roll Call’s Political MoneyLine.

Maine: “Use of ‘large, untraceable expenditures’ to influence Maine elections jumps 600 percent, report says” by Mario Moretto in the Bangor Daily News.

Michigan: “Legislature approves increase in campaign contributions, but says some donors can stay anonymous” by The Associated Press in Crain’s Detroit Business.

Missouri: “Nixon urges Missouri campaign contribution limits” by Bill Draper (Associated Press) in the Columbian Missourian.

Vermont: “Ruling on super PACs may ripple in Vt.” by Neal Goswami in the Times Argus.

Ethics

“The Year in Congressional Ethics | A Question of Ethics” by Simon Davidson in Roll Call.

Alabama: “Alabama ethics Director Jim Sumner wins national award for his work” by The Associated Press in The Republic.

Georgia: “Subpoenas related to Ga. gov’s ethics complaints” by Christina A. Cassidy (Associated Press) in The Atlanta Journal-Constitution.

Kentucky: “Former lawmaker won’t face sanctions from House” by Roger Alford (Associated Press) in the San Francisco Chronicle.

West Virginia: “W.Va. ethics panel admits open meetings violation” by The Associated Press in The Herald Dispatch.

West Virginia: “For first time in years, Ethics Commission full” by Phil Kabler in the Charleston Gazette.

Open Government

“This Group Could Make (or Break?) FOIA Reform” by Joseph Marks in Nextgov.

Government Tech and Social Media

“The Future of Election Monitoring” by Jessica McKenzie in TechPresident.

The Hawaii State Ethics Commission issued an advisory last week urging public school employees to refrain from promoting charitable fundraisers at school.

The advisory was issued after Department of Education teachers and administrators were asked to support and encourage students to participate in a popular holiday fundraising campaign for the Make-A-Wish Foundation.

The state ethics code prohibits state employees from using work time and state resources for non-state related business purposes, which generally include supporting or promoting private charities.

Honolulu Mayor Kirk Caldwell’s administration is currently at odds with the City Ethics Commission. Earlier in the year the Commission inquired as to whether the Department of the Corporation Counsel has the power and duty to advise city employees on matters of ethics.

In a memorandum to all municipal agencies, the Department announced it does have said authority; the Ethics Commission disagrees.

The administrative decision may potentially result in city attorneys and Ethics Commission attorneys offering conflicting advice. Also problematic, the Ethics Commission is insulated from retaliation as an autonomous agency, whereas city attorneys are afforded no such protection.

If nothing else, the memo is likely to cause public confusion as the relationship between administration and Commission deteriorates. Subpoenas may be on the horizon for Mayor Caldwell’s top executives as the Ethics Commission investigates possible corruption in city hall.

State school board member Bryan Williams resigned after allegedly violating provisions of the state ethics laws by lobbying the government for private interests. The law prohibits an elected member of a state board or commission from receiving compensation for services he or she performs personally on a matter before any state agency.

When first appointed to fill a vacant seat, an exemption in state law allowed Williams to simultaneously serve in a public position while advocating as a lobbyist. Upon his election in 2012, however, the exemption no longer applied. The Ohio Ethics Commission has not confirmed any investigation or future legal actions.

State Rep. Mike Reynolds filed hundreds of ethics complaints with the Oklahoma Ethics Commission. The complaints, filed against candidates and legislators, call attention to what he believes is a lack of enforcement.

Most of the violations involved late filings of campaign contribution and expenditure reports. Reynolds reports he spent three weeks, using computer programs he developed, to analyze Ethics Commission data. Lee Slater, the Oklahoma Ethics Commission’s new executive director, declined to comment on the complaints. –