City Council passed a city charter amendment requiring individuals and entities making independent expenditures related to municipal ballot questions to file disclosure reports.

Local Law No. 22 of 2023 requires individuals and entities making independent expenditures of $5,000 or more in support or opposition to a municipal ballot proposal or referendum to file independent expenditure disclosure reports.

The new reporting requirement will take effect on January 1, 2024.

On September 15, the Federal Election Commission (FEC) was unable to agree on a policy to clarify when and if a U.S. domestic subsidiary corporation of a foreign national is illegally involved in political activity.

Federal law prohibits foreign nationals from directly or indirectly making contributions, donations, expenditures, independent expenditures, and disbursements in connection with federal, state, or local elections. FEC regulations also prohibit foreign nationals from directing, controlling, or participating in the decision-making process of any person, such as a corporation, with regards to decisions concerning the making of contributions, donations, expenditures, or disbursements in connection with elections in the U.S.

Additionally, the FEC was unable to reach an agreement on the creation of a safe harbor for political committees to accept corporate contributions deemed not to have come from foreign national sources.

San Luis Obispo City Council voted yesterday not to proceed with a proposed ordinance to create a system of democracy voucher funding for municipal elections. The voucher system would have provided each registered voter with a $20 voucher that could be donated to the municipal candidate of choice.

Additionally, this ordinance would have created an ethics commission and required reporting on independent expenditures over $500.

On April 8, the Massachusetts Office of Campaign and Political Finance (OCPF) issued new regulations concerning coordination between candidates and independent expenditure-only political committees. The new regulations clarify definitions in the law for the terms “independent expenditure” and “electioneering communication” and try to “define situations in which a presumption of coordination exists between a candidate and an outside spender who is expressly advocating on the candidate’s behalf,” according to the OCPF.

The OCPF has said the regulations were created in response to frequent inquiries about the rules of coordination between candidates and other political entities.

On February 24, the Massachusetts Office of Campaign and Political Finance (OCPF) held a public hearing on proposed regulations to clarify political expenditure coordination between entities. The proposed regulations seek to elucidate the differences between independent and coordinated expenditures, including “situations in which a presumption of coordination exists between a candidate and an outside spender who is expressly advocating on the candidate’s behalf,” according to an OCPF press release. “We get complaints all the time, so we’re trying to create a roadmap,” said OCPF Director Michael Sullivan, as reported in the New Boston Post. Written comments about the draft regulations will be accepted until 5 p.m. on March 4.

Gov. Bruce Rauner has signed Senate Bill 248, increasing the transparency of political spending. The bill requires political committees making independent expenditures of $1,000 or more file a report within five business of the expenditure.

If the expenditure is made during the 60-day period before an election, the report must be filed within two business days.

The bill, now Public Act 99-0437, goes into effect on January 1, 2016.

The Federal Election Commission (FEC) is seeking public comment on new campaign finance regulations addressing disclosure of independent expenditures and electioneering communications. The FEC is also seeking comment on new rules addressing solicitations of corporate and labor organization employees and members, independence of expenditures made by independent expenditure-only political committees and accounts, and election-related spending by foreign nationals.

Comments may be submitted electronically at http://www.fec.gov/fosers, referencing REG 2015–04, and must be submitted on or before October 27, 2015.

City Council President Darrell Clarke introduced a measure to increase the transparency of money donated to city elections. With the mayoral race hitting its stride, independent expenditure PACs are making their presence known, donating millions to support their candidate of choice.

The bill, while unable to limit these contributions, seeks to increase disclosure of the source of PAC funds by moving the first report from 11 days before a primary election to six weeks before the primary and every two weeks thereafter. This requirement would apply to donations of $5,000 or more on communications mentioning a candidate in any way.

Though the bill was introduced too late to apply to the primary on May 19, Clarke is hoping the changes will be in effect prior to the general election in November.

Gov. Terry Branstad signed Senate File 135 into law on April 24, 2015. The bill increases political expenditures triggering filing requirements for committees to $1,000.

The bill also amends the definition of an independent expenditure to be one or more expenditures in excess of $1,000. It also makes anonymous contributions in excess of $25 illegal.

Beginning January 1, 2016, all committees not already required to file electronically must do so by 4:30 p.m. of the day the filing is due.

Senate File 135 takes effect July 1, 2015.

Senate Majority Leader Michael Sanchez (D) is sponsoring a bill to eliminate the state’s campaign contribution limits. Senate Bill 689 repeals the 2009 law enacting the first-ever limits on how much candidates and committees can raise per election.

Sanchez believes the limits encourage big donors to funnel money to independent expenditure committees, resulting in less transparency.

The bill is currently pending in the Senate Rules Committee.

A legislative committee has voted to table a draft bill to expand disclosure requirements for political independent expenditure groups. The bill would require a group to report an independent expenditure if it “directly or indirectly” advocated for the election or defeat of a candidate.

Current law requires reporting only if the expenditure “expressly” advocates for the election or defeat of a candidate. A majority of the Joint Corporations, Elections, and Political Subdivisions Interim Committee decided the language was overly broad.

Today, the Federal Election Commission (FEC) is considering final rules concerning independent expenditures and electioneering communications by corporations and labor organizations. In response to the 2010 Citizens United v. FEC U.S. Supreme Court decision, the commission has written rules expected to be approved at today’s meeting. The rules will be effective once they have been transmitted to Congress for a 30-legislative-day review period. The FEC will also consider proposed rule-making and interim final rule responses to McCutcheon v. FEC.

The Massachusetts Office of Campaign and Political Finance (OCPF) issued an advisory opinion last week to clarify when an organization may be required to register with the state as an independent expenditure political action committee (IEPAC). An IEPAC is a political committee or other entity receiving contributions to make independent expenditures.

On September 18, the OCPF issued AO-14-05, which explains how an organization raising funds for political purposes is generally not required to register as an IEPAC in Massachusetts unless donors are told or otherwise know “that at least a portion of funds given will be used to influence” an election in the state. Registration as an IEPC with the state would not be required even if a portion of the funds raised by the organization is subsequently transferred to a Massachusetts IEPAC or is used by the organization itself to make independent expenditures in the state.

The New York City Council is considering a measure increasing disclosure requirements for those making independent expenditures to influence city elections. Introduction 148 will require individuals and entities making independent expenditures totaling $5,000 or more to disclose the owners, partners, board members, or their equivalents of any entity reporting the expenditure. The measure further requires an individual or entity who transfers $1,000 or more to another individual or entity for the purpose of such other individual or entity making independent expenditures to report the transfer of money as if the transferor has directly made the independent expenditure.

Another provision of the measure requires individuals or entities to disclose detailed information on any electioneering communications, such as the top five donors to the entity responsible for the communication, and names of the owner and CEO of the entity.

Amy Loprest, the executive director of the New York City Campaign Finance Board, applauded the new disclosure requirements, saying, “This legislation will give voters a more complete view of who is paying for the campaign ads that fill their mailboxes and airwaves.”

If passed, Introduction 148 will take effect one year after its enactment.