January 3, 2012 •
Maryland Lobbyist Is Back as the Top Earner
According to the Maryland State Ethics Commission, Gerard Evans – who was convicted of fraud and spent time in prison – is back in the top earning position in the state for the past year.
Read the full story in “Evans regains top lobbying spot in Annapolis” by John Wagner in the Washington Post.
Here is a list of the top 135 lobbyists in compensation in Maryland by the State Ethics Commission.
January 3, 2012 •
Montana Court Blocks Corporate Expenditures
Citizens United
The Montana Supreme Court has held the state law prohibiting independent political expenditures by a corporation related to a candidate is constitutional.
Finding Citizens United v. FEC did not compel invalidating the state’s 1912 Corrupt Practices Act, the majority opinion of the Montana Supreme Court in Western Tradition Partnership, Inc. v. Attorney General of the State of Montana states, “The corporate power that can be exerted with unlimited political spending is still a vital interest to the people of Montana.”
The Court concludes the state, because of its history and the history of the Act, has a compelling interest to impose statutory restrictions, emphasizing the Citizens United decision allows restrictions to be upheld if the government demonstrates a sufficiently strong interest.
In making its argument, the decision asserts that a “material factual distinction between the present case and Citizens United is the extent of the regulatory burden imposed by the challenged law.” The Court found in contrast to the “complexity and ambiguity” of restrictions for federal PACs, PACs formed and maintained in the state are “easily implemented” by the filing of “simple and straight-forward forms or reports.”
January 3, 2012 •
Philadelphia Lobbyist Registration Begins
Board of Ethics Creates Interim Paper Filing System
The City of Philadelphia Board of Ethics has provided interim paper registration forms and instructions for lobbyists, lobbying firms, and principals to be used until an online registration and reporting system is completed. The registration forms allow filers to fill-in information before printing.
The board reminds filers that registration is not complete until a form is printed, signed, and mailed or delivered to the board of ethics with the registration fee.
Registration must occur within ten days after both the commencement of lobbying and the exceeding of thresholds. However, no event occurring prior to January 3, 2012 is relevant to determining the thresholds, registration date, or expense reporting.
January 3, 2012 •
Experts React to Abramoff 2.0
Elizabeth Bartz quoted in Bloomberg article.
Bloomberg Business Week has gathered a variety of opinions about the emerging Jack Abramoff redux-as-ethics-teacher phenomenon. The Kentucky Legislative Ethics Commission hired Jack Abramoff to be a speaker on the subject of ethics at their upcoming legislative training and people are reacting.
Elizabeth Bartz, President and CEO of State and Federal Communications, and Howard Marlowe, President of the American League of Lobbyists offered their thoughts. You also can find opinions from Craig Holman of Public Citizen in Washington, Melanie Sloan, the director of Citizens for Responsibility and Ethics in Washington, and even Jack Abramoff himself.
Bartz was quoted saying: “Certainly you want to give people a chance to rehabilitate themselves. But is Jack Abramoff rehabilitated? I don’t think so.”
You can read the coverage in “Abramoff as Ethics Guru Latest Chapter in Political Second Acts” by Julie Bykowicz.
Don’t miss Scott Suttell’s “Even Those in the lobbying business aren’t Jack Abramoff fans” where he says Bartz’s comment is a contender for “quote of the year.”
December 30, 2011 •
Pembroke Pines City Commission Approves Lobbyist Registration Ordinance
Lobbyists to Begin Registering January 2, 2012
The city of Pembroke Pines, Florida passed a lobbyist registration ordinance at the most recent city commission meeting. The ordinance requires lobbyists to register with the city clerk prior to engaging in lobbying activities.
Registration will be required annually and lobbyists must pay a registration fee of $50. Lobbyists will also be required to complete a contact log to document meetings with members of the city commission or members of other decision-making bodies under the jurisdiction of the city commission.
The ordinance was passed in response to Broward County’s new code of ethics, which extends the county’s code of ethics to all municipalities within the county. Lobbyists will be required to begin registering on January 2, 2012.
Map of Florida by Bastique on Wikipedia.
December 30, 2011 •
9th Circuit Strikes Down PAC Contribution Blackout Period
Upholds Donor Disclosure Requirements
The U.S. Court of Appeals for the 9th Circuit has invalidated a Washington state law that prevented individuals from making contributions of more than $5,000 to PACs supporting ballot measures during the three weeks prior to an election.
The blackout period on contributions was challenged in a lawsuit filed by Family PAC, a political action committee that was formed to oppose Washington’s domestic partnership law.
While Family PAC was successful on the merits in challenging the blackout period, it was unsuccessful in its challenge to laws requiring PACs to report the name and address of anyone who contributes more than $25, and the occupation and employer of those who make contributions in excess of $100.
December 29, 2011 •
2012 Campaign Spending Expected to Top $100 Million in Michigan
Special interests are expected to be big donors in upcoming elections.
Spending in Michigan’s upcoming Congressional and state Supreme Court elections could be near $100 million in 2012.
The decision of the U.S. Supreme Court’s Citizens United case in 2010 which made it possible for special interest groups to spend unlimited funds supporting thier candidates of choice has caused an explosion of campaign related spending that is becoming more apparent while more and more campaigns are underway.
Now that those who have large amounts of money can freely support campaigns with any amount of money, money from special interests is expected to make up a large proportion of the overall total campaign spending in the upcoming elections.
Read this article by Angela Wittrock to learn more.
December 29, 2011 •
Washington State Redistricting Commission Releases Plan
Big changes coming to U.S. House district map
The Washington State Redistricting Commission has released a plan for a new map of congressional districts for the state. It must be approved by the Commission by January 1, 2012.
For full news coverage read:
“New Washington map creates competitive district” by Aaron Blake in the Washington Post.
“Radical changes in U.S. House district boundaries” by Joel Connelly in the Seattle Post-Intelligencer.
“Deal reached on new Washington congressional districts” by Mike Baker in the Seattle Times.
December 29, 2011 •
Campaign Finance Reporting Rule Issued for Colorado
2012 primary candidates must begin filing biweekly campaign-finance reports Jan. 30
A rule issued Tuesday, December 27th by Colorado Secretary of State Scott Gessler requires candidates who plan on being in Colorado’s 2012 primary election to begin filing biweekly campaign-finance reports January 30th. This rule was issued with a statement saying that the Secretary of State hopes that the issue will be taken up by the General Assembly when they convene.
After the primary date was moved earlier this year from August to June by the General Assembly, Gessler altered the filing deadlines, initially adopting rules that would require biweekly reporting to begin next September and until then, reports to be filed either quarterly or monthly.
State lawmakers argued that Gessler didn’t have the authority to change the reporting schedule, and this month the Legal Services Committee voted to not include this rule on the grounds that Gessler had overstepped prompting this issuance of the new rule.
The rule issued Tuesday says candidates are not required to file retroactive reports covering July through December 2011.
To learn more, read this article by Sara Burnett.
December 28, 2011 •
Ohio Ethics Commission Chair Requests No Reappointment
Term of Ben Rose to Expire January 1, 2012
Ohio Ethics Commission Chair Ben Rose has asked Governor John Kasich not to reappoint him to the Commission in 2012.
Rose, who was first appointed to the Commission in 2006, has been elected Chair during each of his last three years.
In making his request, Rose cited desires to become involved in endeavors where a conflict of interest may have been previously raised due to his Commission membership and to spend more time with his family as reasons for his decision.
Rose, whose term expires January 1, 2012, has indicated a willingness to remain on the Commission for a reasonable period of time after the expiration of his appointment until a successor is appointed, if permitted.
December 27, 2011 •
Senator to Propose Lobbyist Registration Fee Increase
CAL-ACCESS to Benefit
California State Senator Leland Yee has formally announced plans to introduce legislation to raise the lobbyist registration fees upon commencement of the 2012 legislative session.
The money raised by the increased fees would be used to finance maintenance and upgrades to CAL-ACCESS, the state transparency database for lobbying and campaign finance filings. CAL-ACCESS has been down since the end of November.
December 27, 2011 •
Georgia Special Elections On The Way
Special elections to fill state House vacancies.
Governor Nathan Deal of Georgia delivered writs of election today setting February 7, 2012 as the date for special elections to fill vacancies in House District 60 and House District 107.
The election for House District 60 will occur in portions of Clayton, DeKalb and Fulton Counties.
The election for House District 107 will occur in portions of Gwinnett and Walton Counties. The runoff election, if needed, will be March 6, 2012.
December 22, 2011 •
Court Upholds NYC Campaign Finance Laws
Laws Found Constitutional After Citizens United
NEW YORK CITY, NEW YORK: The Second Circuit Court of Appeals has dismissed a challenge to the city’s campaign finance laws.
The laws which prohibit corporate contributions to political campaigns and require candidates to disclose contributions from people and groups that do business with the city were found to not violate constitutional free speech rights and to appropriately address the risk of corruption.
The plaintiffs argued that the U.S. Supreme Court’s 2010 decision in Citizens United v. Federal Election Commission made the laws unconstitutional. The Court rejected that argument, finding that Citizens United applies only to independent corporate expenditures, and not to contributions limits such as those enacted by New York City.
Photo of the Thurgood Marshall United States Courthouse by Americasroof on Wikipedia.
December 21, 2011 •
Hackers Threaten to Disrupt Presidential Primary
States take steps to protect their primaries from hackers
As the presidential primaries are quickly approaching, alleged threats have surfaced from the “hacktivist” group Anonymous that some worry could jeopardize the caucus results.
Anonymous is a group known for its cyber-attacks on companies and agencies which it deems corrupt. The alleged threat reported by the Associated Press surfaced in a YouTube video and targets the Iowa contest.
“We are calling on you to occupy the campaign offices of presidential headquarters … and peacefully shut down the first-in-the-nation Iowa caucuses on Jan. 3,” the voice in the video says.
These threats which target Iowa are putting other states who are holding early primaries, such as South Carolina who is holding primaries on January 21st, on the alert.
“Everybody in the computer security world is aware of [Anonymous] and its capabilities. Their threats are not taken lightly,” said Chris Whitmire, a public information officer with the South Carolina Election Commission.
In a world that is becoming more and more reliant on web based programs and tools, security on the web seems to be getting worse instead of better, and every program seems to have a loophole that hackers can use to their advantage.
Read this article from The Hill to learn more about the steps South Carolina is taking to protect their primary from hackers.
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