Voters approved an amendment to the state constitution requiring the governor and lieutenant governor to run on the same ticket.

Beginning with the general election of 2018, the lieutenant governor will no longer be elected separately and will no longer preside over the senate.

Voters overwhelmingly approved Amendment 65, a ballot measure that instructs the Colorado congressional delegation to propose, and the state legislature to ratify, an amendment to the U.S. Constitution to overturn Citizens United.

While the results are heralded by watchdog groups like Colorado Common Cause as a clear sign that Colorado voters want action on the issue of corporate political spending, the measure has no legal significance as it cannot force the state’s congressional delegation or legislature to take any action.

A runoff election will be held for Mississippi House District 52 on November 27, 2012.

The top two candidates in the special election held November 6 are Bill Kinkade and Jeremy Bryan.

They are vying for the seat vacated by Representative Tommy Woods, who resigned on the advice of his doctors after suffering a mild stroke after the last election.

Voters defeated Proposition 32 and the effort to prohibit corporations and unions from collecting money for state political activities through paycheck deductions. The initiative would have impacted unions the most since corporations rarely deduct money from employee pay for political activities.

If Proposition 32 had passed, unions and corporations would have been prohibited from making donations directly to state candidates. It would not have stopped corporations, individuals, or unions from spending unlimited amounts of money on political campaigns through independent expenditure committees.

Initiative 166 passed yesterday, charging Montana’s officials to implement a policy that corporations are not human beings with constitutional rights.

The initiative is a reaction to the U.S. Supreme Court’s decision in Citizens United v. Federal Election Commission.

Additionally, Montana’s congressional delegation is now charged with offering an amendment to the United States constitution which would overturn the Citizens United decision, establish that corporations are not human beings with constitutional rights, establish that campaign contributions and expenditures by corporations be prohibited at any level of government, and achieve “a level playing field in election spending.”

The initiative also directs the state’s elected and appointed officials to regard “money as property, not speech.”

Voters rejected changing Arizona’s primary election system to a top-two structure.

Proposition 121 would have allowed primary elections in which all voters, regardless of party affiliation, vote in a single and combined primary. The top two vote-getters for each seat would then have advanced to a general election ballot. The proposition would not have affected elections where no party affiliation appears on a ballot.

Voters also rejected a proposition aimed squarely at the judicial department. Proposition 115 would have increased the term length of judges and raised their retirement ages.

The proposition additionally included procedural changes, such as requiring court decisions to be published online, requiring the Supreme Court to send copies of judicial performance reviews for each judge who is up for retention to the legislature, and allowing a joint legislative committee to meet and take testimony on justices and judges up for retention.

Republican Assemblyman Jim Tedisco is ready to play hard ball with campaign finance violators. Tedisco and two other lawmakers are hoping to introduce a “three strikes and you’re out” type of a bill for people who fail to file campaign financing reports with the state.

The possible legislation would send those who fail to file reports on three separate occasions to prison. This comes in the wake of serious scandals sweeping the state, including former state Senator Pedro Espada who was convicted of tax fraud and is awaiting sentencing. Espada owes around $30,000 in fines to the state, which the state is highly unlikely to ever see.

Tedisco says New York needs laws on the books that have teeth, so politicians are not willing to circumvent the rules. It does not seem likely for a bill of this nature to pass both houses of the general assembly, especially when the sponsor of the bill is coming from the minority party. However, Governor Andrew Cuomo is making a big push for campaign finance reforms, so an increase in penalties and enforcement is not impossible.

As Tedisco said, “Sunshine is truly the greatest disinfectant. That’s why we need to strengthen the laws to allow for full disclosure and transparency.”

Photo of Jim Tedisco courtesy of UpstateNYer on Wikipedia.

An Idaho judge ordered Education Voters of Idaho (EVI), a 501(c)(4) nonprofit, to disclose the names of its contributors.

EVI contributed more than $200,000 to Parents for Education Reform, which spent the funds on television commercials in support of three school reform ballot measures, but claimed that as a 501(c)(4), it was exempt from state disclosure requirements. The judge disagreed, ruling that the disclosure requirements applied to all individuals, corporations, associations, and entities of any kind.

EVI filed its disclosure statement on October 31st, as ordered by the court, and is contemplating an appeal of the order.

Because of the state of emergency declared in advance of Hurricane Sandy, the Massachusetts Office of Campaign & Political Finance (OCPF) has issued a notice extending the due date of pre-election reports until 11:59 p.m. on Tuesday, October 30, 2012. Reports covering activity from August 20 to October 19 were to be due October 29.

Although its office is closed today, the OCPF notice states, “Office staff will be checking their office voice mail during the day on Monday and will be returning calls to assist filers as they are able.”

Two separate pay-to-play ordinances were proposed at yesterday’s meeting of the Jersey City Council. While one proposal was not approved by the council, the remaining ordinance will be considered for a final vote on November 14, 2012.

The surviving ordinance expands the existing pay-to-play law by placing restrictions on vendors contracting with the city from contributing to Board of Education candidates.

Aerial photo of Jersey City courtesy of Creative Commons on Wikipedia.

The Seventh U.S. Circuit Court of Appeals ruled that Illinois’ limits on campaign financing will remain in force at least through the upcoming general election. Illinois Liberty PAC initially sought an injunction to suspend the limits, but its effort was refused by the district court. They appealed and the appellate court ruled that the PAC’s attorneys “have not shown that they are likely to succeed on the merits of their challenge to contribution limits.”

The case will now go back to the district court, where the actual merits of the case can be decided. The PAC claims that the limits violate their First Amendment right to free speech and their equal protection rights because it allows political parties to spend unlimited amounts of money, while limiting contributions from other sources.

The PAC was not surprised by the ruling saying, “We knew it was going to be an uphill battle.”

Yesterday the United States Supreme Court denied an application to vacate the stay allowing Montana to enforce its political contribution limits.

The Ninth Circuit Court of Appeals had stayed a District Court’s decision ruling certain state contribution limits unconstitutional and unenforceable. The U.S. District Court for the District of Montana, issuing a decision in Lair v. Murry, found the contribution limits in Montana Code Annotated §13-37-216 “prevent candidates from ‘amassing the resources necessary for effective campaign advocacy.’”

The case is pending in the Court of Appeals.

Certain Arizona statutes requiring registration and reporting by political committees are unconstitutional, according to a ruling made by Maricopa County Superior Court Judge Crane McClennen on October 10, 2012. Presently, however, reporting is still required, according to the Secretary of State.

The Secretary’s office e-mailed registered political committees the following: “By way of gentle reminder, the recent trial court decision in ‘Committee for Justice and Fairness v. the Secretary of State’ does NOT affect the requirements to file campaign finance reports.”

In deciding whether a television advertisement made by the Committee for Justice & Fairness (CJF) was “express advocacy” or issue-oriented speech, and therefore requiring registration and reporting by CJF as a political committee, the county court found, “A.R.S. §§16–901, –901.01, –902.01, –913, and related statutes are unconstitutional.”

The Secretary of State will appeal the ruling, according the Verde Independent.

South Carolina Governor Nikki Haley has created an independent commission responsible for making recommendations to reform state ethics and open records laws.

The executive order establishes an 11-member panel to review several ethics areas including conflict of interest rules, lobbying regulation, and enforcement of existing laws.

The governor expects a report from the commission by January 28, 2013, just weeks after the beginning of the next legislative session.

Photo of Governor Haley courtesy of Albert N. Milliron on Wikipedia.