October 23, 2013 •
Riverside County, CA Amends Campaign Disclosure Laws
Electronic filing expanded
The Board of Supervisors has amended campaign finance regulations to require candidates and committees to electronically disclose all contributions of $1,000 or more, whether made during or outside the 90-day election cycle. Effective January 1, 2014, a candidate or political action committee must electronically post details of a contribution within 10 days if the amount meets or exceeds the $1,000 threshold outside an election cycle.
Currently, only contributions of $5,000 or more need to be posted electronically if made outside an election cycle. Contributions of $1,000 or more made during an election cycle will continue to be filed electronically within 24 hours.
The ordinance is expected to comply with Assembly Bill 2452, a new state law allowing local governing bodies to require electronic disclosure for contributions, so long as the locality complies with state regulations.
October 22, 2013 •
State Bar of Michigan Questions Funding of Judicial Campaigns
Anonymous funding gives perception of judicial bias, State Bar says
The State Bar of Michigan has requested a declaratory ruling from the Michigan Secretary of State regarding the current interpretation of the state’s Campaign Finance Act as it relates to judicial campaign contributions.
Under the current interpretation of the law, issue advocacy advertisements are not considered expenditures, and thus are not required to be reported. This allows the funding sources of the majority of judicial campaign advertisements to remain anonymous.
The State Bar of Michigan argues that such anonymous funding gives a perception of judicial bias in the state. The Secretary of State must issue a declaratory ruling within 60 days of receipt of the request. Stay tuned!
October 22, 2013 •
Philadelphia Board of Ethics Proposes Gift Limits
Ethics watchdogs say limits are too low
The city Board of Ethics has proposed new gift regulations designed to clarify what is and is not permitted under the city code. The proposed limits would allow city officers and employees to accept gifts of up to $200 per year from a single source, including cash gifts up to $50. Currently, only gifts of substantial economic value given with the expectation of influencing the public official or employee are prohibited.
City watchdogs have criticized the proposed limits as being too lenient, but ethics board member Sanjuanita Gonzales suggested those limits could be subject to change after public input.
A hearing on the proposed regulations is scheduled for November 20.
October 21, 2013 •
Pepsi, Others Join Battle Over Initiative 522
Labeling of genetically-modified foods proves controversial
Initiative 522, which would require labeling on genetically modified foods in Washington state, has drawn negative attention from many of the nation’s largest and most recognizable food manufacturers, including Pepsi, Coca-Cola, and Nestle.
Pepsi is the biggest contributor to the effort to oppose the initiative, with its contributions accounting for $1.6 million of the $7.2 million total contributions collected to date.
Voters will decide the issue on November 5, with the election marking one of the most expensive initiative battles in the history of Washington state.
October 21, 2013 •
Honolulu Ethics Commission Seeks to Avoid Future Pay-to-Play Concerns
New Gift Law Provisions Created
Honolulu Mayor Caldwell and his transitional team came under the review of the city Ethics Commission recently for potential violations of gift law. The Commission found no violations due to a lack of established ethical guidelines but placed restrictions on future donations for inaugural or transitional purposes.
Safeguards put in place to avoid pay-to-play concerns include mandatory public disclosure of all donations, including the amount of and use for each, prohibition against asking current or prospective city officers or employees to solicit or make contributions, and requiring each donor/contributor to confirm he or she is not a registered lobbyist and has no future business with the city in which the administration is likely to be involved.
The Commission further held donations used to support legitimate government purposes, such as the transition between administrations and the official inaugural ceremony, are gifts to the city.
October 21, 2013 •
Santa Clara County Seeks Lobbying Ordinance
San Jose may serve as a model
The Santa Clara County Board of Supervisors unanimously passed a referral to request a draft lobbying ordinance in order to improve transparency and accountability in county procurements. County Counsel, Orry Korb, is tasked with reviewing existing lobbying regulations in other localities for drafting purposes. The referral specifically mentions San Jose’s lobbying ordinance as one with a proven track record and able to provide much of the necessary framework and language.
A presentation and consideration of a draft lobbying ordinance will be presented to the Finance and Government Operations Committee before a final version is brought to the full board in December, 2013.
Photo of the Santa Clara Government Center courtesy of Coolcaesar in Wikimedia Commons.
October 18, 2013 •
Utah Legislature Adjourns One-Day Special Session
October 16
On October 16, the Utah Legislature adjourned its one-day special session sine die. The Legislature passed bills authorizing state funds to open and operate national parks, monuments, and recreation areas, to cover the benefits of certain unpaid furloughed employees, and to offset obligations caused by delays in federal funding to the Child Nutrition Program. Gov. Gary Herbert signed the bills Wednesday night.
October 17, 2013 •
Two Kentucky Special Elections for December 10
House District 7 and Senate District 13
Governor Steve Beshear has called two special elections for December 10, 2013. The elections will be in the 7th House District and the 13th Senate District.
The 7th District vacancy occurred after Rep. John Arnold resigned his seat in September following sexual harassment allegations from three Legislative Research Commission employees. The Legislative Ethics Commission recently determined there was probable cause Rep. Arnold violated the code of ethics and will hold a full hearing on the sexual harassment complaints on December 12.
The 13th Senate District vacancy occurred following Sen. Kathy Stein’s circuit judge appointment.
October 17, 2013 •
Lakewood, CO City Council Approves New Campaign Finance Laws
for April 2014
The Lakewood, Colorado City Council voted to approve new campaign finance rules October 14. The new ordinance caps campaign donations at $2,500 per person for council candidates and $5,000 for mayoral candidates. Additionally, cash and in-kind donations will be treated the same; together they cannot exceed the limits.
Other amendments to the ordinance require LLCs making political donations of more than $100 to disclose their members.
The ordinance also addresses complaints against candidates. The deadline to file a complaint has been changed from 180 days after the alleged violation to 120 days after the violation.
Finally, the ordinance outlines the threshold or point at which a person interested in running for an elected position becomes a candidate. Declaring candidacy, receiving a donation, or making a campaign-related expenditure all trigger the change in status.
City Attorney Tim Cox confirmed the changes will have no effect on the current election and will not be implemented until April 2014.
Photo of the Lakewood Civic Center by Jeffrey Beall on Wikimedia Commons.
October 17, 2013 •
NH Special Election Called
Strafford County District 6 (Durham and Madbury)
A precept for a special election for New Hampshire State Representative in Strafford County District 6 (Durham and Madbury) was approved on October 16 by Governor Margaret Hassan and the Executive Council. The primary election will be held on December 17 followed by a special general election on February 4, 2014.
October 16, 2013 •
Arkansas Governor Calls Special Session
Session will begin October 17 at 3:00 p.m.
Gov. Mike Beebe issued a call to bring the General Assembly into special session to address the health insurance rate increase facing the Public School Employee Plan. The special session will begin Thursday, October 17, and is expected to conclude by the end of the day on Saturday, October 19, 2013.
Beebe is confident bipartisan efforts will pass bills designed to stabilize retirement plans for teachers and public school employees.
Photo of the Arkansas State Capitol courtesy of jglazer75 in Wikimedia Commons.
October 16, 2013 •
NH Governor Calls for Special Legislative Session
November 7 to November 21
On October 15, New Hampshire Gov. Maggie Hassan announced she will call for a special session of the Legislature.
According to the governor’s press release, Hassan will ask the Executive Council to support calling a special session for November 7 through November 21.
The purpose of the special session will be to consider the Medicaid Expansion Study Commission’s report recommending the state accept $2.5 billion in federal funds to expand Medicaid.
Photo of the New Hampshire State House by AlexiusHoratius on Wikimedia Commons.
October 16, 2013 •
New AZ Contribution Limits Blocked
Constitutionality Challenged
On October 15, 2013, an Arizona Court of Appeals directed the secretary of state not to enforce the law concerning contribution limits enacted in House Bill 2593, which had became effective on September 13, 2013.
According to the Arizona Daily Star, the courts’ three-judge panel found the new law illegal without explaining the basis of its decision. The lawsuit challenging the constitutionality of the new law was brought by the Citizens Clean Elections Commission and others from the state.
Changes in the law include allowing individuals and noncertified political committees to give $2,000 to candidates running for legislative and statewide offices who do not participate in the state’s Citizens Clean Elections Act campaign financing system and removing the aggregate contribution limitations for individuals and some political committees.
October 16, 2013 •
Wisconsin Special Election Set for Assembly District 82
Election scheduled for December 17
Gov. Scott Walker has called a special election to fill a vacancy in the 82nd Assembly District.
The election will be held December 17, 2013.
If more than one candidate files for the seat, a primary election will be held November 19, 2013, the same day as special general elections to fill vacancies in the 21st and 69th Assembly Districts.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.