Gov. Tom Corbett has signed a bill to curtail pay-to-play politics in state procurement contracts. House Bill 201 prohibits individuals who were employed by an offeror within the previous two years from participating in the evaluation of proposals.

The new law will prevent recently hired government workers from rewarding their former employers with large state contracts.

This provision will go into effect on December 20.

The Independent Regulatory Review Commission (IRRC) approved an increase of the state’s biennial lobbyist registration fee from $200 to $300. The additional revenue will help cover the Department of State’s costs of maintaining the lobbyist registration and disclosure database.

The Department of State unsuccessfully sought increases on two prior occasions, to $700 and $400 every two years, but the IRRC believed this latest proposal was more reasonable.

The Pennsylvania Office of the Attorney General must approve the committee’s decision before it can be implemented for the 2015-2016 legislative session.

The Ethics Commission has announced two interested persons meetings on November 10 and November 13 to discuss possible changes to the city’s Campaign Finance Reform Ordinance (CFRO). Discussion at the meetings will be limited to potential changes to CFRO’s disclaimer and third-party reporting provisions.

Staff plans to distribute draft CFRO amendments to interested parties prior to the meetings.

Written comments regarding CFRO’s disclaimer and third-party reporting provisions can be sent to Jesse Mainardi at jesse.mainardi@sfgov.org or (415) 252-3100. R.S.V.P. by email at ethics.commission@sfgov.org.

City Council unanimously adopted new campaign contribution rules to monitor independent and primarily formed committees.

Ordinance 2015-37 requires earlier disclosure of large contributors and restricts the ability of a committee to reproduce and distribute campaign advertisements used by a candidate.

The ordinance becomes effective January 1, 2015, and is not applicable to the November 2014 election.

A constitutional amendment on the November ballot to allow the adjutant general to be appointed has the support of both the Republican and Democratic parties. The adjutant general oversees the state’s National Guard and is currently an elected position held by Bob Livingston, an Army major general.

The parties have jointly launched “Troops Leading Troops,” a social media project encouraging voters to support the amendment.

The adjutant general position will be appointed by the governor beginning in January 2019, if the amendment passes. Party leaders believe the measure would take politics out of choosing the adjutant general and ensure officeholders are adequately qualified.

The Pennsylvania House of Representatives approved a bill Wednesday to curtail pay-to-play politics in state contracts.

House Bill 201 prohibits state employees from evaluating contract proposals submitted by companies they worked for during the previous two years.

The legislation has been sent to Gov. Tom Corbett for his signature.

Photo of the Pennsylvania State Capitol by ThePlaz on Wikimedia Commons.

The Philadelphia Board of Ethics approved amendments to the city’s campaign finance rules this week. Included in the amendments is a more expansive definition of third party support of a candidate.

Campaign materials produced by a candidate and subsequently used by an individual or PAC, independent of the candidate, now constitutes an in-kind contribution subject to the city’s contribution limits. The new rule is intended to curb a growing trend among candidates of posting videos on the internet, allowing third parties to take the material and independently create political advertisements.

The board unanimously approved the changes in an expedited manner to ensure the new rules would cover the impending 2015 mayoral race.

The State Elections Enforcement Commission (SEEC) used unusually strong language while asking the Federal Election Commission (FEC) to prevent the Connecticut Democratic State Central Committee (CDSCC) from using federally designated funds for a state race. The state party has requested an advisory opinion from the FEC approving the use of funds in a federal campaign account to pay for a mailing encouraging the reelection of Gov. Dannel Malloy.

In a letter to the FEC, signed by all five members, the SEEC denounced the inquiry stating it would violate both the letter and spirit of state campaign finance laws. In response, the CDSCC argued it is simply seeking clarification where federal and state laws are in conflict.

Federal law requires certain “federal election activity,” potentially including mailings, be paid for with a minimum of 15 percent federal funds whereas Connecticut law requires state candidates be supported exclusively with state funds. The CDSCC believes, should its reading of the law be confirmed, federal law will preempt state statutes and the use of federal funds will be required.

Executive Director Jeff Brindle of the New Jersey Election Law Enforcement Commission issued a statement urging the state Legislature to amend existing pay-to-play law. He claims constitutional challenges to federal laws may have ramifications on New Jersey’s law, and a complete overhaul is necessary.

Brindle argues state pay-to-play law is too complex and has unintended consequences. Contractors either stop making contributions altogether, seek ways to legally circumvent the law, or simply break the law. Moreover, donations to transparent entities such as candidates and parties have declined while the activity of PACs and anonymous independent groups has increased significantly.

Because pay-to-play law is worthwhile, Brindle suggests establishing one state law, ending the fair and open loophole, enhancing disclosure, raising the contribution limit, exempting political parties, and including restrictions on contractor contributions to PACs.

The statement represented the personal opinions of Jeff Brindle and not necessarily those of the Commission.

A federal judge in Indianapolis ruled the statute delineating how Marion Superior judges are elected is unconstitutional. The election of Marion Superior judges is unique, as Republican and Democratic parties may nominate up to half of the open positions.

Furthermore, once a judge wins in the primary, he or she will automatically be elected in the general because there are as many candidates as there are open seats. Because primaries are restricted to the two major parties, only those eligible to vote in the primary elections are able to cast meaningful votes for the open judgeships, and those who do not declare a party have no say in the election of the judges.

The court found the statute severely burdens the right to vote. The ruling is stayed and will not affect next month’s election.

The campaign contribution limits have been lifted for candidates in the Chicago mayoral race. Under state law, the limits are lifted for all candidates in a local race once a candidate in said race exceeds $100,000 in contributions to his own campaign within a year of the election.

Conservative candidate William J. Kelly reached the $100,000 threshold on Monday. This is seemingly good news for Rahm Emanuel, who will now be able to go back to wealthy supporters to add to his campaign war chest.

Kelly argues lifting the caps does not help his opponent, however, as Emanuel already has all the money he needs. Kelly contends the playing field has been leveled as anti-Emanuel groups are now free to contribute to him as much as they want.

Cuyahoga County Executive Ed FitzGerald proposed an amendment at Tuesday’s County Council meeting seeking to clarify the county’s code in light of an independent county board ruling. The Debarment Review Board, a panel largely made up of FitzGerald appointees, effectively shortened the county contracting ban for a former contractor convicted of corruption.

The board ruled William Neiheiser’s ban should have begun the day he was convicted of bribery in July 2011 and run through July 2016. County Inspector General Nailah Byrd imposed the ban from June 2014 to June 2019.

FitzGerald’s proposed amendment stipulates contracting bans are to begin the day they are publicly handed down by the county inspector general enforcing the policy.

On Tuesday, October 14, the 10th Circuit Court of Appeals ruled Citizens United may air a documentary slamming Colorado liberals without disclosing its backers. The conservative group argued Colorado campaign finance laws burden some speakers while protecting others, in violation of the First Amendment.

The court issued an emergency injunction allowing Citizens United to get the film out before the Nov. 4 election. While the movie will be exempt from disclosure, the court will allow the secretary of state to require disclosure for advertisements about it, if the ads are in support or in defeat of a named candidate.

U.S. District Judge Rudolph Randa ordered Wisconsin officials to stop enforcing the state law prohibiting certain coordination between candidate campaigns and independent groups. Randa’s order came in a lawsuit filed by Citizens for Responsible Government Advocates against the state Government Accountability Board and Milwaukee County District Attorney John Chisholm.

Randa ruled the state cannot regulate groups coordinating with candidates, so long as the groups engage in issue advocacy. Groups engaging in issue advocacy generally make efforts to favor or criticize a candidate without explicitly urging a vote for or against the candidate.

The case will likely be appealed considering Randa’s prior related decision to halt a John Doe investigation against the campaign of Gov. Scott Walker was overturned by the 7th U.S. Circuit Court of Appeals.