February 23, 2012 •
Changes Made to Campaign Finance Rules in Colorado
Critics Say Changes Beyond Secretary of State’s Authority
Secretary of State Scott Gessler announced on Wednesday the adoption of a recodified set of rules concerning Colorado campaign financing aimed at simplifying the state’s campaign finance process. Among the most notable changes to be made, total fines for late or incomplete campaign finance reports are now to be limited to $50 per day for up to 180 days for a maximum fine of $9,000.
Additionally, Gessler’s office will continue to utilize the $5,000 threshold at which issue committees must register and report, created by Gessler’s adoption of Campaign and Political Finance Rule 4.27, despite a state district court ruling Gessler did not have the authority to increase the threshold from the constitutionally-mandated figure of $200 after a finding by the court determining the threshold to be too burdensome.
Also, in accordance with the Colorado Supreme Court’s decision released the day prior to Gessler’s release of the recodified campaign finance rules, a 527 political group is limited to accepting up to $550 from any person every two years if the 527 group is engaging in express advocacy for a particular candidate by use of certain “magic words” such as “vote for” or “elect.”
Critics of Gessler have claimed the changes made are outside his authority and a legal challenge is expected. The rules are scheduled to temporarily take effect on March 7, 2012, with the rules being permanently effective on March 30, 2012.
February 23, 2012 •
Maryland’s State Ethics Commission Issues Memorandum
Addresses lobbying and campaign finance
The State Ethics Commission has issued a memorandum concerning provisions of the ethics law relating to regulated lobbyists and campaign finance activities.
State law prohibits a lobbyist or a person acting on behalf of a lobbyist to engage in certain campaign activities including soliciting contributions or forwarding tickets to fundraising events.
The memorandum does not constitute an advisory opinion but addresses common issues and provides approaches for compliance with the technical provisions of the law.
The memorandum is available online here.
February 22, 2012 •
Missouri Ethics Reform, Blagojevich, and More Ethics News
Former Illinois Governor Rod Bagojevich will serve out his sentence in a prison near Denver, Colorado. Ethics reform in Missouri is up in the air, and New Mexico Governor Susana Martinez signed legislation that “could require public officials convicted of corruption-related crimes to give back to the state their salaries and forfeit their accrued state pension benefits.”
Ethics
“Blagojevich to serve sentence at Denver-area prison” by Natasha Korecki in the Chicago Sun-Times.
Missouri: “Mo. lawmaker says waiting for elections could mean better ethics bill” by The Associated Press in the St. Louis Post-Dispatch.
Missouri: “Ethics reform in Missouri appears to be a nonstarter in election year” by Jason Hancock in the Kansas City Star.
New Mexico: “Governor signs bill intended to crack down on corruption within government” by The Associated Press in The Republic.
Government Transparency
South Carolina: “House panel OKs bill setting cost limits on FOIAs” by The Associated Press in the Greenville News.
February 22, 2012 •
New Campaign Finance Law for Alaska
Alaska Governor Sean Parnell signed a campaign finance bill into law and Super PACs in the news, too!
Alaska: “Governor signs campaign finance bill” by The Associated Press in USA Today.
“Financial disclosures show power of super PACs” by Fredreka Schouten in USA Today.
“Santorum ‘super’ PAC returned big foreign donation” by Stephen Braun in the Boston Globe.
February 22, 2012 •
Lobbying News in the States
Here is a look at news items in four states:
Massachusetts: “Casinos industry spent millions lobbying in Mass.” by The Associated Press in the Boston Herald.
Oklahoma: “Lobbyist: Lawmaker Morgan sought help for ‘friends’” by Nolan Clay in the Tulsa World.
South Carolina: “Senators hold moment of silence for missing lobbyist, search continues” by Noelle Phillips in The State.
Wisconsin: “Union lobbying plummets in last half of 2011” by Bill Lueders in Wisconsin Watch.
February 21, 2012 •
Gov 2.0 News
Here is a quick look at three news items where government and the internet meet:
Hawaii: “Tech-Savvy Leaders Push Honolulu Toward Gov 2.0” by Michael Levine in Honolulu Civil Beat.
Maryland: “NIC to Run Maryland’s Website” in Government Technology.
New York: “Mayor Bloomberg Puts N.Y. Government On Facebook” by Julie Andrews on All Facebook.
February 21, 2012 •
U.S. Supreme Court Stays Montana Supreme Court Ruling regarding Corporate Independent Expenditures
Call by Justice to Revisit Citizens United v FEC
The U.S. Supreme Court has stayed a Montana Supreme Court decision upholding the state’s law prohibiting independent political expenditures, related to a candidate, by a corporation.
In December of last year, the Montana Supreme Court found Citizens United v. FEC did not compel invalidating the state’s 1912 Corrupt Practices Act, concluding the state, because of its history and the history of the Act, has a compelling interest to impose statutory restrictions. The Montana Court emphasized the Citizens United decision allows restrictions to be upheld if the government demonstrates a sufficiently strong interest.
The U.S. Supreme Court’s ruling stays the state Court’s ruling until either a formal appeal to the US Supreme Court is denied, or, if an appeal is accepted, the US Supreme Court mandates the termination of the stay.
In the one page order by the US Supreme Court, Associate Justice Ruth Bader Ginsburg wrote, “Montana’s experience, and experience elsewhere since this Court’s decision in [Citizens United v. FEC], make it exceedingly difficult to maintain that independent expenditures by corporations ‘do not give rise to corruption or the appearance of corruption.’ A petition for certiorari will give the Court an opportunity to consider whether, in light of the huge sums currently deployed to buy candidates’ allegiance, Citizens United should continue to hold sway.”
Associate Justice Steven G. Breyer joined in Justice Ginsburg’s statement.
Photo of the United States Supreme Court building frieze by UpstateNYer on Wikipedia.
February 17, 2012 •
Alaska Legislature Makes iPhone App Available
Android app expected by April, before session ends
Good news iPhone owners! NCSL’s blog just noted the Alaska Legislature has come out with an app allowing you to keep up with legislative news on your phone. Best of all, it is free!
According to the blog, this is what you will find: “The app provides information on committee schedules, bill status, the house and senate calendars, and contact information of every legislator in both chambers. It also allows the user to stream committee hearings directly from your phone and watch the proceedings in real time.”
Be sure to take look at “New Alaska iPhone App” by Morgan Cullen on The Thicket.
Here is the iTunes App Store page with The Alaska Legislature App.
Thank you to Research Associate George Ticoras for pointing me in the direction of this news.
February 17, 2012 •
Redistricting News Roundup
Here is today’s redistricting news from the states:
Arizona: “Arizona House Speaker wants June special election on redistricting” by Mary Jo Pitzl in The Arizona Republic.
Florida: “Gov. Rick Scott signs off on new congressional districts” by Brandon Larrabee in the Miami Herald.
“With redistricting lawsuit looming, legislators want immunity” by Mary Ellen Klas in the Tampa Bay Times.
“House redistricting tweaks quietly put U.S. Rep. Sandy Adams in her preferred district” by Mark K. Matthews and Aaron Deslatte in the Orlando Sentinel.
Maryland: “Alternative redistricting plans stalled” by Danielle E. Gaines in the Gaithersburg Gazette.
Missouri: “Missouri Supreme Court examines new US House districts” by Chris Blank in the Kansas City Star.
New York: “Senate redistricting proposal comes under fire” by Aaron Besecker in The Buffalo News.
“Judge calls for ‘special master’ to redraw state legislative and congressional district boundaries” by Kenneth Lovette in the New York Daily News.
Washington: “Secretary of state asking justices to approve redistricting plan” byThe Associated Press in The Seattle Times.
Wisconsin: “Court issues stern order in state redistricting” by Scott Bauer in the Green Bay Press Gazette.
“Federal judges slam GOP lawmakers over redistricting secrecy” by Patrick Marley in the Milwaukee Journal Sentinel.
February 16, 2012 •
News from the New York City Campaign Finance Board
Their website says the board voted on penalties, repayment obligations, and payments:
According to a press release, “During a regularly scheduled meeting today, the Campaign Finance Board determined that nine campaigns in the 2009 elections committed violations and one campaign in the February 2009 special election committed violations. ”
You can view a video archive of the meeting here:
February 16, 2012 •
New York City Campaign Finance Board Releases Revision to Proposed Rules on Independent Expenditures
Board Accepting Comments Until March 2nd
The New York City Campaign Finance Board has released revised proposed rules regarding the disclosure of independent expenditures in city elections.
The revised proposed rules are available here.
The revisions include a new definition of electioneering communication, different reporting requirements, and changes to covered expenditures.
The board will accept public written comment on the rules until March 2, 2012. The final rules will be adopted at a subsequent meeting of the board.
February 16, 2012 •
Rhode Island Bill to Mandate Disclosures and Disclaimers
Bill by Governor, Legislators, and Common Cause RI
This afternoon Rhode Island Governor Lincoln D. Chafee announced the upcoming introduction of a bill requiring those engaged in “independent expenditures” and “electioneering communications” to report donors and expenditures and to include disclaimers on media and internet advertising.
The Governor’s bill, Transparency in Political Spending Act (TIPS), was created with legislative leaders and Common Cause Rhode Island.
The Governor’s press release detailing the bill defines “independent expenditure” is an expenditure that expressly advocates for the election or defeat of a clearly identified candidate and is not coordinated with any candidate’s campaign, authorized candidate committee or political party committee. “Electioneering communications” is defined as print, broadcast, cable, satellite, or electronic media communications not coordinated with any candidate, authorized candidate committee or political party committee which unambiguously identifies a candidate and is made within 60 days of a general or special election or within 30 days of a primary and can be received by 5,000 or more persons in the constituency.
Governor Chafee said, “[TIPS] seeks to [make] individuals and organizations trying to influence the outcome of an election accountable to the people of Rhode Island.” The collaboratively developed legislation was announced by the Governor with Common Cause Rhode Island’s Executive Director, John Marion, and the legislation’s sponsors: House Speaker Gordon Fox, Senate President M. Teresa Paiva Weed, Senate President Pro Tempore Juan Pichardo, and Representative Chris Blazejewski.
February 16, 2012 •
Campaign Finance and Ethics in Thursday’s News!
Super PACs, a new charge against former Detroit Mayor Kwame Kilpatrick, Chicago takes first prize in corruption, and a group in Montana takes on that state’s political contribution restrictions:
“Super-PAC craze sweeps the nation” by Rachel Leven in The Hill.
“Feds Add Charge to Former Detroit Mayor Corruption Case” by The Associated Press on Governing.
“Chicago most corrupt city, report shows” by MJ Lee on Politico.
“Group fighting campaign finance laws in 3 courts ask federal judge to undo contribution limits” by Matt Gouras (Associated Press) in The Republic.
February 15, 2012 •
Ethics Rules Enhancements for Louisiana
Governor’s Proposals
Louisiana Governor Bobby Jindal has made legislative proposals to enhance the state’s ethic rules.
In advance of the start of the legislative session next month, the Governor has staked out the areas of Louisiana’s ethic system he believes need the most attention, including making the process of appealing late filing fees unambiguous.
Among his other proposals are making a clearer distinction between the duties and jurisdictions of the Ethics Adjudicatory Board and the Board of Ethics, granting the Board of Ethics some ability to appeal Ethics Adjudicatory Board decisions, and clearly articulating which board is being referenced when a statute merely refers to a ‘board’.
The proposals, included in a press release from the Governor, also include a call for the Ethics Board to suspend the one year dismissal rule in certain circumstances during an investigation of a possible ethics violation.
Photo of the Louisiana State Capitol by Bluepoint951 on Wikipedia.
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.