January 11, 2012 •
Bill to Ban Political Fundraising on Public Property Passes New Jersey Senate
Bill has now gone to the state Assembly.
On Monday a bill passed the New Jersey Senate that would prohibit political fundraising by any candidate on any public property in the state.
The legislation has gone to the Assembly and if it is passed, it would have to be signed by Governor Chris Christie.
You can find the story in the article “N.J. Senate passes bill banning political fundraising on all public property” by Christopher Baxter in the Star-Ledger.
January 10, 2012 •
Stamford, Connecticut Debating Mandated City Ethics Code
Considering Charter Revision or Ordinance
The Charter Review Commission for the city of Stamford, Connecticut is considering whether changes should be made in order to mandate a city ethics code. Local officials are considering whether to institute a requirement for an ethics code into the city charter, revised only once every ten years, or by ordinance.
If an ethics code is mandated into the city charter, some commission members worry repealing or altering it could become a burdensome task due to the required approval by Stamford residents through voter referendum. In contrast, an ordinance requiring a code of ethics could be changed as necessary by Stamford officials.
The Commission will be holding several meetings to allow public comments concerning the situation prior to making any decision.
January 10, 2012 •
Washington House Committee on State Government and Tribal Affairs to Discuss House Bill 1474
Makes Electronic Lobbyist Filing Mandatory
The Washington House of Representatives, Committee on State Government and Tribal Affairs, has scheduled a public hearing for January 11, 2012 and a possible executive session for January 12, 2012 to discuss House Bill 1474 which would make electronic filing of lobbying reports mandatory.
It would also create new fees associated with electronic filings by lobbyists, lobbyist employers, and PACs.
If passed by both chambers and signed by the governor, changes will be effective July 1, 2012.
Photo of the Washington House of Representatives Chamber by Cacophony on Wikipedia.
January 10, 2012 •
Oregon Supreme Court Considers Campaign Finance Regulations
Voters approved Measure 47 in 2006, which would establish limits to individual political contributions. At the time, then-Secretary of State Bill Bradbury said he would not enforce the limits – but the state Supreme Court now will decide whether or not the limits should be enforced.
Be sure to read “Campaign-finance regulations go before high court” by Peter Wong in the Statesman Journal.
According to the article: “Justices of the Oregon Supreme Court are pondering whether the state should enforce campaign-finance regulations that Oregon voters approved in 2006 despite their rejection of a companion constitutional change in the same election. … Measure 47 would have limited individual contributions — to $500 in statewide contests and $100 in all others — and barred corporate and union contributions. It also would have set limits on contributions to all types of political committees.”
Photo of the Oregon Supreme Court courtroom doors by Aboutmovies on Wikipedia.
January 9, 2012 •
North Carolina Lobbyist Fine Overturned
Portions of Lobbying Law Found Ambiguous As Applied
NORTH CAROLINA: Wake County Superior Court Judge Paul Ridgeway has cleared former lobbyist Don Beason of misconduct, finding parts of North Carolina’s lobbying reform law are ambiguous as applied and the secretary of state overreached in fining Beason.
The court held that Beason does not have to pay the $30,000 fine imposed on him. Secretary of State Elaine Marshall fined Beason a record-setting $111,000 in 2010, an amount that was later reduced, for failing to make required disclosures about companies he was representing.
Judge Ridgeway stated North Carolina law defines a lobbyist as someone who communicates directly with legislators or their employees, but there was no evidence Beason directly contacted anyone on behalf of the companies he represented. Additionally, because the law gave the state ethics commission the authority to interpret the act and the secretary of state the power to administer it, Marshall overstepped her authority in interpreting the act and fining Beason.
January 6, 2012 •
Illinois Modifies Lobbyist Affirmation Due Date
Due February 4, 2012
The Illinois Secretary of State has announced that the lobbyist affirmation statement for the period of July 1 to December 31, 2011 has been modified.
The lobbyist affirmation is now due on February 4, 2012.
January 5, 2012 •
Henderson, Nev. Enacts New Lobbying Law
Revolving Door and Increased Disclosure Addressed
HENDERSON, NEVADA: The Henderson City Council has passed lobbyist and revolving door regulations. Lobbyists must now file a disclosure form after each communication with a city official or employee.
Additionally, elected officials and employees must wait one year after leaving office or employment before they can lobby on behalf of a private person or business.
The new provisions go into effect on Friday January 6, 2012.
January 5, 2012 •
Matching Funds to Remain for Maine’s Gubernatorial Candidates
Joint Committee Votes Down Bill to Exclude Gubernatorial Candidates from Clean Elections Program
The Joint Standing Committee on Veterans and Legal Affairs of the Maine State Legislature has killed LD 120, a bill aiming to stop gubernatorial candidates from participating in the state’s clean elections program.
“An Act to End Taxpayer-funded Campaigns for Gubernatorial Candidates” was held over from last session, but the Joint Committee voted for a recommendation of “ought not to pass” with little debate.
For the full story read “Committee kills bill that would weaken clean election law” by Eric Russell in the Bangor Daily News.
January 5, 2012 •
PAC-to-PAC Transfer Ruling to be Challenged
Alabama Attorney General Files Appeal
Alabama Attorney General Luther Strange has appealed the judge’s ruling in Alabama Democratic Conference v. Strange, the case overturning a portion of the state ban on the transfer of funds from one PAC to another.
While the appeal is pending, the attorney general is prohibited from enforcing the PAC-to-PAC transfer law against the Alabama Democratic Conference.
January 4, 2012 •
SC Bill to End Legislative Ethics Committees
House Bill 4421 grants Ethics Commission oversight of Legislature
Representative Kevin Ryan has pre-filed a bill to end the practice of state lawmakers policing themselves in ethics matters.
The bill would abolish the legislative ethics committees and empower the Ethics Commission to enforce the law as it applies to legislators.
Currently, the Ethics Commission oversees the state’s nine constitutional officers, certain appointed state officials, and locally elected officials. However, the Ethics Commission does not have jurisdiction over legislators. Instead, lawmakers police themselves through separate House and Senate ethics committees.
State Senator Mike Rose has sponsored a proposal in the Senate that would give the legislature explicit authority to delegate ethics enforcement to an outside entity.
Lawmakers are scheduled to begin the second half of the 2011-12 legislative session on Tuesday, January 10, 2012.
January 4, 2012 •
APOC Offering Training
To be held January 6
The following announcement is from the Alaska Public Offices Commission website:
The Alaska Public Offices Commission will be conducting a brief training designed to provide basic information about group campaign disclosure and to introduce filers to the new electronic filing system.
The training is scheduled for Friday, January 6, 2012 from 12:00 p.m. to 1:30 p.m. Filers may participate in person at the Anchorage office, remotely by computer, or by telephone.
Email or call Attorney Vullnet Greva at vullnet.greva@alaska.gov or (907) 276-4176 for details regarding participation.
January 4, 2012 •
Title 15 and the Maryland Mandate
Last year, Maryland’s legislature passed a public ethics law, Title 15, after finding an erosion of public confidence in government decisions due to improper influence.
Title 15 requires government officials and employees to disclose their financial affairs and sets minimum ethical standards for the conduct of state and local business. The law also requires all counties, municipalities, and school boards adopt ethics standards at least equal to the state’s ethics law with regard to conflicts of interest, financial disclosure, and lobbying. Each local ethics commission is required to certify its compliance with the Maryland Ethics Commission on or before October 1st of each year, beginning in 2011.
Some local officials are still working toward agreement and passage of the required bills. Although officials may follow the state’s guidelines, many are choosing their own paths. For instance, the registration thresholds for lobbyists in Title 15 include an expenditure clause and a gift clause: $500 in expenditures towards influencing legislative or executive action; or $100 in gifts for the purpose of influencing executive action. The recently passed Charles County bill has a $100 gift threshold, while Alleghany County’s gift threshold is $200. Neither bill includes an expenditure clause. However, in Howard County, there is a $100 expenditure threshold for any lobbying activity, but no gift threshold.
Conflict of interest rules have also been the subject of debate. Title 15 forbids former public officials (other than legislators) and employees from assisting or representing a party in a contract or other specific matter for compensation if the former official or employee participated significantly in the matter as an official or employee. Frederick County attempted to limit this prohibition to one year for former commissioners with an exemption for former employees. This modification was rejected by the state. The Frederick County delegation now plans to propose changes to Title 15 before the general assembly to allow the one year limitations.
Counties such as Baltimore and Montgomery continue to debate and, as of December 1, 2011, had yet to approve a final version of the required ethics bill.
In the latest development, the State Ethics Commission met to respond to exemption requests. According to the Maryland Municipal League web site:
“The Maryland State Ethics Commission met on December 8 to consider a number of exemption requests from various municipalities around the state. Several jurisdictions were requesting an extension of an existing exemption, while some cities and towns were requesting new exemptions from the recently enacted financial disclosure reporting requirement. The results were varied, although it seemed as though population and budget size were the criteria most often cited by the members of the Ethics Commission when exemptions were being considered. For more information, please contact Tom Reynolds or Candace Donoho on the MML staff.”
January 3, 2012 •
Entirety of Palm Beach County, Florida Soon to Require Lobbyist Registration
Board of County Commissioners Votes to Extend Registry to County’s 38 Cities
Lobbyists wishing to lobby in any of Palm Beach County, Florida’s 38 cities will soon be subject to a countywide lobbyist registry, as approved by the Palm Beach County Board of County Commissioners at their most recent meeting.
Lobbyists will be required to pay $25 to register the names of their clients, while also being required to submit annual expense reports. There will also be limits on gifts from lobbyists.
A city may opt out of the countywide registry, but then must create its own registry.
Photo of Palm Beach by Michael Kagdis on Wikipedia.
January 3, 2012 •
Nevada Online Reporting System Goes Live
Online reporting required
Nevada Secretary of State Ross Miller has announced that the enhanced online system for campaign finance filings is now up and running.
All parties filing contributions and expense reports as well as financial disclosure statements are now required to report electronically as was mandated by Assembly Bill 452.
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.