State and Federal is sponsoring a breakfast hosted by Women In Government Relations’ PACs, Politics, & Grassroots task force with FEC Chair Hunter.  If you are in Washington next Wednesday, June 6,  join us for a conversation about FEC activities and priorities in this election year.

This particularly timely discussion will help PAC leaders, government relations staff and anyone associated with the political process understand what the landscape looks like for elections in the U.S. moving forward.  With some major nuances present this year that have never been present before, this is a great opportunity to know what to do, what not to do, what your colleagues are doing and what the FEC will be focusing on in the coming months!

Hope to see you there!

The Federal Election Commission (FEC) unanimously approved five legislative recommendations to be submitted to the U.S. Congress.

One proposed change would require all Senate candidates and their committees to use electronic filing.

The FEC also recommends the Commission have permanent authority to assess administrative fines, Congress expand the prohibitions on fraudulent misrepresentation of campaign authority, and the personal use restrictions to all political committees be extended. Additionally, the FEC is advocating Congress amend the law to allow the FEC to create Senior Executive Service positions under the Civil Service Reform Act of 1978 in line with other comparable federal agencies.

The Federal Election Commission (FEC) approved several advisory opinions on a variety of issues.

In AO 2012-12, the FEC allowed a corporation to solicit contributions from its non-corporate franchisees and licensees’ executive and administrative personnel. The FEC found the personnel were part of Dunkin Brands, Inc. restricted class because of the degree of control it maintained on the franchisees and licensees.

In another opinion, the FEC concluded an association of physician-owned hospitals are not federal contractors although they provided services to patients in government-sponsored healthcare programs such as Medicaid. Therefore, the association is not prohibited from making contributions to independent expenditure-only political committees.

Additionally, the FEC found a New Hampshire campaign finance statute requiring disclaimers for telephone surveys was preempted by federal statutes and FEC regulations because the calls in question were only related to federal candidates.

The FEC also let stand the $46,200 aggregate limit for contributions to federal candidates over a request to contribute amounts over this limit.

The FEC press release concerning these and other decisions can be found here.

A Federal District Court denied a preliminary injunction request demanding the Federal Election Commission (FEC) not enforce a law prohibiting individuals with federal contracts from making political contributions to federal candidates or political parties.

In Wagner v. Federal Election Commission, filed in the United States District Court for the District of Columbia, the Court rejected challenges to the constitutionality of section 441c of Title 2 of the U.S. Code, which prohibits any vendors with contracts with the federal government from making such contributions.

The case, brought by the ACLU, asked the Court to declare the law unconstitutional as applied to individuals who have personal services contracts with federal agencies. Because federal workers who are not contractors may make federal political contributions, while contractors performing the same work may not, the suit argued section 441c violates both the Equal Protection Clause of the Constitution and the First Amendment.

In denying the preliminary injunction request, the Court concluded the plaintiffs do not have a likelihood of success on the merits of their claims.

A US District Court has declared a Federal Election Commission (FEC) regulation regarding disclosure for “electioneering communications” invalid.

The US District Court for the District of Columbia found 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.

Concluding the FEC does not have the authority to narrow the disclosure requirement required by law, the Court declared the regulation invalid by granting the plaintiff, U.S. Representative Chris Van Hollen, summary judgment.

The FEC had argued for the need for the regulation after FEC v. Wisconsin Right to Life, Inc. (WRTL), which concluded corporations and labor organizations were permitted to make expenditures for electioneering communications that did not constitute express advocacy or its functional equivalent. The commission believed requiring only disclosure of funds earmarked for the purpose of furthering electioneering communications appropriately provided the public with adequate disclosure information.

Addressing this argument in the decision, District Judge Amy Berman Jackson wrote, “The [FEC] cannot unilaterally decide to take on a quintessentially legislative function; if sound policy suggests that the statute needs tailoring in the wake of WRTL or Citizens United, it is up to Congress to do it.”

Our Highlighted Site of the Week is the Federal Election Commission’s (FEC) new Campaign Finance Disclosure Portal. The site was announced just yesterday and offers powerful resources allowing the visitor to access campaign finance data sets and perform advanced segmentation. The types of information included are independent expenditures; bundled contributions; candidate and committee summaries; receipts, disbursements, and a cash summary for PACs and National Party committees; leadership PAC and sponsor data; and much more.

According to the FEC’s news release: “The Commission announced the release of a new campaign finance disclosure portal that will simplify access to the wide range of data available on the agency’s website. The disclosure portal provides a single point of entry to federal campaign finance data.”

Information can be accessed through interactive maps, easily readable charts, or by searching with a name or keyword. Data sets can also be downloaded as XSD, XML, or CSV files in order to perform your own analysis or data mashup.

The FEC promises the Campaign Finance Disclosure Portal will be regularly updated throughout the election cycle. With both the site and its Disclosure Data Blog, you can subscribe to its feed via RSS so that you can keep up with any updates.

Enjoy your weekend everyone!

Federal:

FEC Moves on Outdated Rules

One Super PAC Takes Aim at Incumbents of Any Party

From the States and Municipalities:

Alabama

Jury Acquits All Defendants, Including Means, in Gambling Corruption Case

California

Ethics Panel Raises Donation Limits in Municipal Campaigns

California

Trutanich Paid for YouTube Views of D.A. Campaign Videos

Georgia

Some Priorities Fade as Lawmakers Favor Social Issues Ahead of Election Season

Maryland

Bereano’s 1994 Conviction Upheld

Maryland

Leopold Indicted on Charges of Using Police Detail for Political Gain

Missouri

Honor for Rush Limbaugh is Fracas for Missouri

Nevada

Ethics Case Back before Nevada Supreme Court

New Mexico

Newly Elected Sunland Park Mayor to Seek Court Order to Do Job

Oklahoma

Ex-Senator Convicted of Bribery; Co-Defendant Free

Utah

Special Interests Busy Providing Perks to Legislators

West Virginia

W.Va. Ethics Panel Clarifies Cohabitation Law

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.

News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.

The Obama administration has unveiled Ethics.gov, the site that provides sets of data for those interested in White House visitors, data from Lobbying Disclosure Act reports, campaign finance data, travel records of elected officials, and much more.

As part of the larger Data.gov, the new site has a great deal of muscle: “Ethics.Data.gov brings records and data from across the federal government to one central location, making it easier for citizens to hold public officials accountable.”

According to the Ethics.gov site, this is what you’ll find:

“On www.Ethics.gov, the public will be able to find millions of White House Visitor records.  You will be able to see agency reports of payments from non-Federal sources for travel to meetings and conferences.

You’ll find records for entities registered with the Federal Election Commission.  This includes federal political action committees and party committees, campaign committees for presidential, House and Senate candidates, as well as groups or organizations who are spending money in connection with elections for federal office.

You’ll also find records for each candidate who has either registered with the Federal Election Commission or appeared on a ballot list prepared by a state elections office. This includes contributor information for each contribution of $200 or more from an individual to a federal committee.

Finally, you’ll be able to find lobbying registrations and reports filed under the Lobbying Disclosure Act.”

For a good summary, read “White House Launches Ethics.gov” by Samuel Rubenfeld in The Wall Street Journal.

Campaign Finance

“FEC told to tread carefully with post-Citizens United rule” by Rachel Leven in The Hill.

“FEC moves on outdated rules” by Robin Bravender in Politico.

“DC mayor defends himself amid probe into campaign finance irregularities” by The Associated Press in The Washington Post.

Super PACs

“Super PACs Outspent Candidates in Run-Up to Tuesday” by Brody Mullins and Alicia Mundy  in The Wall Street Journal.

“Super PACs Could Drive Total 2012 Election Spending to $9.8B” by Cotton Delo in Ad Age.

Lobbying

“Son of legendary lobbyist starts own firm” by Kevin Bogardus in The Hill.

Redistricting

“Between the Lines: The Last Two Redistricting Holdouts” by Shira Toeplitz, Abby Livingston, and Joshua Miller in Roll Call.

The Federal Election Commission (FEC) released its annual adjustment of the threshold limit for lobbyist bundling disclosure.

The federal lobbyist bundling disclosure threshold has been increased from $16,200 for 2011 to $16,700 for 2012.

The FEC is required to adjust the threshold amount annually to account for inflation, rounding to the nearest multiple of $100.

U.S. Congressman Chris Van Hollen has introduced a campaign finance bill in the House called DISCLOSE 2012 Act.

Like the similarly entitled bill introduced and defeated in 2010, House Resolution 4010, the Disclosure of Information on Spending on Campaigns Leads to Open and Secure Elections Act of 2012, aims to increase the reporting requirements of political expenditures and contributions by corporations and other outside groups.

Corporations, unions, and other groups, will be required to report certain campaign-related activity to the Federal Election Commission (FEC), to disclose their campaign-related expenditures to their shareholders and members, and to make their political spending available to the public, through a hyper-link to the FEC, on their websites.

In his press release, Congressman Van Hollen states, “I urge my colleagues on both sides of the aisle to support this legislation – if you have nothing to hide, you have nothing to fear from the DISCLOSE 2012 Act.”

Additionally, the bill also requires lobbyists to disclose their political expenditures in their lobbying disclosure reports in conjunction with the report of their lobbying activities.

Our Highlighted Site of the Week is the Federal Election Commission’s 2012 Campaign Finance Maps page. You can play with interactive maps of the states for information about the 2012 Presidential Candidates, or the House and Senate elections.

With just a mouse-over you can view the amount of contributions by state, and with just a bit more work you can search the amount received by each candidate, and the amount given by a donor’s name.

For the presidential races, you can drill down in each state for data down to the zip code level. For the candidates in the congressional elections, you can view the campaign finance information by the congressional district of each state.

The Campaign Legal Center, Democracy 21, Citizens for Responsibility and Ethics in Washington, the League of Women Voters for the U.S., and other groups are petitioning the White House in order to get President Obama to make new appointments to the Federal Election Commission, which they deem ineffective because of political division. The terms for five of the six commissioners have expired.

The groups plan to do this via the administration’s “We the People” online petitioning tool, for which they will need 25, 000 signatures for their petition will be officially considered.

Here is the coverage this afternoon of the breaking news issue:

“Watchdogs push Obama to make FEC appointments before election” by Alicia Cohn in The Hill.

“Advocates Again Press Obama to Name FEC Appointees” by Eliza Newlin Carney.

“Watchdogs to Obama: Fix the FEC” by Susan Crabtree in the Washington Times.

You can find Politico’s coverage in “Super PACs go stealth through first contests” by Dave Levinthal and Kenneth P. Vogel.

According to the article, some in the Federal Election Commission are calling for a change of the rules to allow for greater disclosure:

The disclosure rules may need to be updated to reflect the rise of super PACs as driving forces in presidential politics, two Democratic FEC commissioners suggested in interviews with POLITICO. “Super PACs are functioning as the alter egos of the campaigns, and their activity was clearly not anticipated when the statutes were put in place,” said Ellen Weintraub, a Democratic FEC appointee. The commission, she said, “should reconsider the regulations about caucuses and disclosure or at least take a hard look at them.”