February 15, 2012 •
Latest News in Ethics Oversight
Here is a look at what has appeared in the last few days from the state ethics commissions:
Arizona: “Ariz. lawmakers want elected officials to disclose use of public funds” by Howard Fischer in the East Valley Tribune.
Georgia: “Advocates push for ethics funding” by Charles Edwards on WABE News.
“Watchdog groups demand more money for ethics board” by in the Atlanta Journal-Constitution.
Maryland: “Maryland Ethics Panel Suggests Reducing Local Disclosure” by Brian Witte (Associated Press) on NBC Washington.
“Bill would require online disclosure” by Michael Dresser in the Baltimore Sun.
Minnesota: “Lobbying violations vex understaffed Minnesota regulator” by Brad Schrade in the Star Tribune.
North Carolina: “Dome: Few ethics complaints probed, report shows” by John Frank in The News & Observer.
February 15, 2012 •
Wisconsin Bill Targets Special Interest Organizations that Craft Bills for Legislators
Bill Requires Increased Disclosure for American Legislative Exchange Council (ALEC) Activities
Democratic legislators have submitted a bill for introduction that restricts the activity of special interest organizations that write bills for legislators.
The bill titled the ALEC Accountability Act applies existing lobbying laws to any organization or person who advocates for the introduction of model legislation. The bill also requires the reporting of any “scholarships” organizations pay to legislators and prohibits state taxpayer funds from being used to pay for attendance at the organization’s conventions.
The bill is currently awaiting a bill number and committee referral.
Photo of the Wisconsin State Capitol building by Darin ten Bruggencate onWikipedia.
February 14, 2012 •
Missouri Supreme Court Strikes Ethics Legislation
Only procurement provisions to remain
The state Supreme Court has struck down much of the 2010 ethics law passed by state lawmakers. Senate Bill 844 changed campaign finance laws, gave greater authority to the Missouri Ethics Commission, created new crimes for ethics violations, and required Capitol dome keys be given to all lawmakers.
The court said Tuesday the bill violated a requirement of the state Constitution that legislation not be amended to change its original purpose. The procurement portion will remain in effect because the Supreme Court concluded that was the original purpose of the legislation.
The decision upholds Circuit Judge Daniel Green’s ruling last spring.
February 14, 2012 •
Personal PAC Files Suit Challenging Illinois Contribution Limit
Injunction Allowing Unlimited Contributions Sought
Personal PAC, an abortion rights group, has filed a lawsuit seeking to strike down the limit on the amount of money given by donors to PACs.
Presently, the limit is set at $10,000 per election cycle.
Personal PAC is seeking an immediate and permanent injunction which would allow donors to make unlimited contributions to PACs.
February 10, 2012 •
Wayne County Executive Releases New Executive Ethics Policy
Policy Addresses Lobbying, Gifts, and Conflicts of Interest
WAYNE COUNTY, MICHIGAN: County Executive Robert Ficano has issued a new executive ethics policy that contains lobbyist registration provisions, gift restrictions, and conflict of interest disclosure requirements for executive appointees.
The policy requires a lobbyist who lobbies any executive appointee to register with the State of Michigan and bars lobbyists not verified as registered from meeting with executive appointees.
Additionally, the policy prohibits lobbyists from providing executive appointees with food or beverage valued at more than $100 annually and prohibits all other monetary or non-monetary gifts or gratuities.
February 9, 2012 •
Illinois State Board of Elections Moves Springfield Office
Effective February 10, 2012
The Illinois State Board of Elections will be relocating its Springfield office beginning Friday, February 10, 2012.
The new address is 2329 S MacArthur Boulevard, Springfield, Illinois, 62704-4503.
All other contact information remains the same.
February 8, 2012 •
NJ ELEC Has the Power
Appellate Court Affirms New Jersey Election Law Enforcement Commission’s Authority
A New Jersey state appellate court has reaffirmed the New Jersey Election Law Enforcement Commission (ELEC) has the authority to enforce the state’s campaign finance laws.
In Nordstorm v. Lyon, the Appellate Division reversed a lower court’s decision not to defer to ELEC’s jurisdiction for enforcement of campaign contributions and reporting violations.
In affirming the power of ELEC, the Appellate Division held, “We reach our conclusion that ELEC has exclusive jurisdiction regarding reporting violations because of the overarching legislative goals of (1) guaranteeing transparency of campaign contributions and expenditures, (2) ensuring that disclosures of the same be managed and controlled by a single agency, and (3) implementing remedies for violations of the Reporting Act through a uniform and predictable system of sanctions.”
The case arose following a close Republican Party primary election for Morris County Freeholder between William “Hank” Lyon and Margaret Nordstrom. In its press release, ELEC Executive Director Jeff Brindle said if the lower court ruling had not been overturned, “it would have subjected candidates and committees to inconsistent application of the Campaign Reporting Act in enforcement actions.’’
February 7, 2012 •
Indiana’s Former Secretary of State Is Crying Foul
Charlie White’s criminal sentencing is scheduled for Feb. 23
Indiana’s former Secretary of State Charlie White, who was convicted of six felonies and consequently lost his job, is pointing the finger at others. White is now saying Gov. Mitch Daniels and U.S. Sen. Dick Lugar (R-Ind.) are also guilty of voter fraud because they voted from Indiana addresses while residing elsewhere.
For the full story read “White isn’t going quietly” by Dan Carden in the Times of Northwest Indiana.
February 7, 2012 •
New Montana Commissioner of Political Practices
Jim Murry
Jim Murry has been chosen as the next Montana Commissioner of Political Practices.
According to the Great Falls Tribune, Governor Brian Schweitzer made the decision yesterday after meeting with Mr. Murry, who begins working as the Commissioner today.
The previous Commissioner, David Gallik, abruptly left the position after questions arose concerning whether Mr. Gallik was conducting his private law practice while at the government office.
Among its other duties, the Commissioner’s office monitors and enforces lobbyist registration and disclosure, campaign finance practices, and ethics standards among state officials.
February 6, 2012 •
Broward County, Fla. Expected to Sue to Enforce Code of Ethics
Voters in Three Cities Undo Portions of Countywide Ethics Law
Broward County is expected to file suit in order to ensure the countywide ethics code remains in force countywide after residents of Wilton Manors, Hillsboro Beach, and Sea Ranch Lakes voted to undo portions of it during the January 31, 2012 election. Voters were asked whether local elected officials should be subjected to state law on issues relating to their side jobs, instead of the new county code of ethics, and voters in all three cities unanimously voted in favor.
Broward County Mayor John Rodstrom and Broward County Commissioners have all expressed their belief that the language used on the ballot was deceiving, as no mention of lobbying or the new county code of ethics, extended to all cities in Broward County on January 2, 2012, was contained in the language of the ballot questions.
The county is expected to pursue one of the following legal paths: suing on the ballot language as deceptive or acquiring a ruling concerning Broward County’s authority over the three cities in regards to the code of ethics.
February 6, 2012 •
West Virginia Legislature Gives Reminder about Use of Social Media
Because of the social media capabilities of the latest mobile devices, the West Virginia Legislature is putting out a reminder to lawmakers about the ban on electronic communications during floor sessions.
For full news coverage, read:
“W.Va. lawmakers navigate lobby ban, social media” by The Associated Press in the Washington Examiner.
“W.Va. lawmakers seek buffer from e-lobbying but not blockade with public in social media age” by Lawrence Messina (Associated Press) in The Republic.
Photo of the West Virginia State Capitol Building by Analogue Kid on Wikipedia.
February 2, 2012 •
New York J.C.O.P.E. Appoints Executive Director
Inspector General Ellen Biben Named Head of Ethics Agency
The Joint Commission on Public Ethics has selected Ellen Biben to serve as its executive director.
Biben is a former federal prosecutor, who served as a deputy in the attorney general’s office, and now serves as inspector general.
February 1, 2012 •
Georgia House Provides Schedule
Resolution sets dates for meeting and adjournment
House Resolution 1140 has set the meeting dates and dates of adjournment for the 2012 regular session of the General Assembly for the period of Friday, January 27, 2012, through Monday, March 12, 2012.
The Assembly will generally be in session during the week and in adjournment during each weekend.
The resolution also schedules adjournment for Monday, February 13, Tuesday, February 14, Thursday, March 1, Friday, March 2, Thursday, March 8, and Friday, March 9.
Any additional periods of adjournment will be set by subsequent resolutions.
February 1, 2012 •
Monmouth County Rescinds County Pay-to-Play Rules
Will Follow State’s Laws
The Monmouth County Board of Freeholders has rescinded its three year old pay-to-play regulations.
County resolution 2012-0071 repeals resolution 08-397, which created pay-to-play and vendor disclosure rules that overlapped with the state’s law.
The Board determined the county’s pay-to-play resolution caused confusion among those seeking or performing business within the county.
Without its own ordinance, the county will now only follow New Jersey’s current pay-to-play laws.
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.