Gov. Jerry Brown has called a special session of the Legislature to convene on April 24, 2014.

Brown wants lawmakers to replace the rainy day fund measure currently on the November ballot with a new constitutional amendment establishing a dedicated reserve capable of paying down state debts and unfunded liabilities.
Photo of the California Senate Chamber by David Monniaux on Wikimedia Commons.

On April 16, the Rhode Island Board of Elections voted to support the creation of legislation eliminating aggregate political contribution limits. The vote was in reaction to McCutcheon v. Federal Election Commission, the April 2 U.S. Supreme Court decision ruling aggregate contribution limits unconstitutional.

State law currently prohibits an individual from making contributions of more than $10,000 in the aggregate to more than one candidate, political action committee (PAC), or political party committee or to a combination of candidates, PACs, and political party committees within a calendar year.

According to the Providence Journal, Raymond A. Marcaccio, the board’s lawyer, told the board, “My observation is that [the state law limiting aggregate contributions] will be subject to a constitutional challenge so we should support legislation that would seek [its] repeal.”

The Colorado Ethics Commission, which has long been accused of partisanship, is likely to face more criticism in light of a recent ruling. On Monday, April 14, the commission voted to dismiss a complaint against Democratic Governor John Hickenlooper.

Hickenlooper was accused of violating state gift law by allowing the Democratic Governors Association to pick up the tab for food and lodging expenses associated with a 2013 conference. In its reasoning, the commission claimed Hickenlooper’s policy expertise shared at the conference, and the hours he spent organizing it, exceeded what was spent on food and lodging.

William Leone, one of the commissioners who heard the complaint, argued an elected head of state “has a legitimate interest to present, discuss, debate, and hear about [the] policy initiatives . . . he chooses to advance.”

After ruling for Hickenlooper, the commission declined to revisit a decision handed down last year against Republican Secretary of State Scott Gessler for a substantially similar set of facts. Gessler believes the people of Colorado have no faith in a partisan ethics commission; he was saddened, but not surprised, by Monday’s decision.

Today the Phoenix, Arizona City Council is expected to vote on whether to create a city ethics commission and whether to add a gift policy to its ethics policies.

According to the council’s agenda for the meeting, the proposed gift policy identifies permissible and prohibited gifts for elected officials, employees, board members, and volunteers.

It also identifies permissible gifts to elected officials required to be disclosed on a form submitted to and posted by the city clerk.

According to AZCentral.com, the proposed ordinance would allow officials to avoid disclosing event tickets, food, drinks, transportation, or lodging they received as long as such gifts were related to economic development, tourism promotion, or a sister-cities program.

If passed, the ordinance would also create an ethics commission authorized to receive allegations of ethical violations, investigate, take testimony, and engage in any other activity in order to oversee the investigation and enforcement of the gift policy and other conflicts of interest.

The meeting is scheduled to start at 3:00 p.m.

The City of Chicago Board of Ethics recently released new ethics bulletins. Two revised brochures provide up-to-date guides for the public as well as for city employees and elected officials. Both include new provisions covering whistleblower protection and the duty of officials, employees, and city contractors to report corrupt or unlawful activity.

A third brochure is also available pertaining to outside employment for city employees.

All new or revised bulletins are available for public viewing on the Ethics Department website.

Despite highly publicized criticism of a Washington law allowing legislators to accept meals from lobbyists on “infrequent occasions”, the Washington State Legislature failed to pass any bills addressing the ambiguity before its adjournment in March. Senate Bill 6414 contained a provision requiring the Legislative Ethics Board to define “infrequent occasions” and further required the development of an electronic reporting system enabling lobbyist reports to be searched electronically by the public.

This bill and others did not make it out of committee before the legislature adjourned and will not carryover to the next session. As a result of the legislature’s failure to pass any pertinent legislation, the Legislative Ethics Board has independently taken on the task of defining “infrequent occasions”.

The Board will hold a public meeting Tuesday, April 15 at 12 p.m. in Hearing Room 3 of the John A. Cherberg Building, 298 15th Avenue SW, Olympia, Washington. Board Chair Kristine Hoover set the meeting to listen and gather information from the public and to get public feedback on what the word “infrequent” should mean.

Delaware Attorney General Beau Biden and Elections Commissioner Elaine Manlove are appealing a federal district court ruling, enjoining enforcement of a Delaware campaign finance law.

Section 8031 of the Delaware Election Disclosures Act requires any person who makes an expenditure for a third-party advertisement exceeding $500 during an election period to file a report with the Elections Commission, including the names and addresses of each person who has made contributions exceeding $100. The district court found the disclosure provision to be too broad and likely unconstitutional.

Biden and Manlove are appealing the ruling.

Gov. Sam Brownback has vetoed a bill increasing the spending threshold for lobbyist registration. Senate Bill 99 would have raised the expenditure threshold triggering lobbyist registration from $100 per calendar year to $500 per calendar year.

The increased threshold was recommended by the state ethics commission because the current threshold had not been increased in 25 years.

In vetoing the bill, Gov. Brownback stated he understood the bill’s purpose and intent but believed the current threshold better served the interest of government transparency.

The Ethics Commission fined Marc Chase $80,000 for funneling illegal contributions to the 2012 campaigns of San Diego County Dist. Atty. Bonnie Dumanis and ex-Mayor Bob Filner. Chase, the co-owner of a luxury car dealership in La Jolla, admitted he laundered money from Mexican businessman Jose Susumo Azano Matsura into the mayoral campaigns of Dumanis and Filner.

Azano was a major customer of Chase, who served as a “straw” donor to hide Azano’s name. Election law forbids contributions from foreign nationals.

Chase also pleaded guilty in federal court to eight misdemeanor counts of campaign funding violations. He could face eight years in prison when sentenced Nov. 13, 2014.

Photo of the San Diego skyline courtesy of Tomcio77 on Wikimedia Commons.

The State Board of Elections has issued a guidance memo following the U.S. Supreme Court’s ruling in McCutcheon v. Federal Election Commission. The board will no longer enforce a $10,000 aggregate limit on donors’ contributions to state candidates during a four-year election cycle.

The memo states personal contributions are unlimited, but still must not exceed $4,000 to any one candidate. The McCutcheon decision held such aggregate limits violate constitutional protections of free speech. Political action committees in Maryland had no previous aggregate limit and remain limited to $6,000 per candidate.

The guidance is effective immediately.

On April 10, Boston Mayor Martin J. Walsh announced the formation of a city Ethics Committee.

The committee will review all changes to the city’s Ethics Policy, implement a new Statement of Financial Interest for all city employees, create continuing education programs around ethics issues, and analyze existing practices and procedures.

In his press release, the Mayor said, “The citizens of Boston and those who interact with our government should be absolutely confident that their government is working for them, at the highest ethical standards.”

On Wednesday, April 9, the Ohio House of Representatives passed a large piece of Gov. Kasich’s mid-biennium budget proposal. Prior to passage, House Republicans added numerous amendments to House Bill 483; it is now more than 800 pages long.

One amendment voids administrative rule 111-3-05 and changes state campaign finance law by lifting the disclosure requirement for corporations and labor organizations making independent expenditures. It also allows foreign-owned corporations and corporations with state contracts to spend money promoting or opposing state candidates.

Former Secretary of State Jennifer Brunner issued the rule in 2011 and fears its repeal will make it easier for national political interests to operate state-based Super PACs.

The bill passed the House by a primarily partisan vote of 57-33 and will now be sent to the Senate for consideration.

Photo of the Ohio State Capitol by Alexander Smith on Wikimedia Commons.

A lawsuit has been filed by the Institute for Justice, joined by several donors and candidates, challenging a Minnesota campaign finance law. Under section 10A.27(11) of the Minnesota Statutes, the “special sources limit” prohibits a campaign from raising more than 20 percent of its total contributions from lobbyists, political action committees, and large donors.

The Institute for Justice is arguing this law is unconstitutional under the First Amendment, stating “The first people to speak have full rights, but subsequent speakers have half rights.”

The case, Seaton v. Weiner, was filed in federal court on April 8.

Virginia Gov. Terry McAuliffe has submitted technical changes to the General Assembly on the major ethics legislation passed this session, including a change to the effective date of the legislation.

The legislation enacts a limit on gifts from lobbyists and principals and increases the frequency for lobbyist filings.

The changes must be approved by the House and Senate before the legislation takes effect.

Photo of Gov. Terry McAuliffe courtesy of Kate Wellington in Wikimedia Commons.