September 13, 2010 •
School Board Contribution Limits Set Aside
A federal court judge has suspended enforcement of Kentucky’s $100 contribution limit to candidates for school boards.
In its opinion, the court decided the Kentucky Registry of Election Finance’s interest in keeping politics out of school elections is not sufficient grounds for limiting contributions in that manner.
Because of this ruling, individuals may contribute up to $1,000 for a candidate for school board, the same limit imposed on other candidates for office in Kentucky.
September 9, 2010 •
Ohio – Doctors Challenge Contribution Restrictions
Nine Cleveland-area doctors have filed a lawsuit in a Cleveland federal court challenging an Ohio law which says they cannot make political contributions to the Ohio Attorney General or local county prosecutors if they treat patients on Medicaid.
The plaintiffs, who wanted to make campaign contributions to the reelection campaign of Ohio Attorney General Richard Cordray, allege the provisions of Ohio Revised Code section 3599.45 violates their First Amendment rights.
The plaintiffs are seeking an order from the U.S. District Court declaring the law unconstitutional as well as an order enjoining the Ohio Secretary of State from enforcing it.
September 8, 2010 •
New Jersey Governor Announces Ethics Reform Measures
Governor Chris Christie announced a series of ethics reform measures, including those intent on closing pay-to-play loopholes and curtailing the unlimited transfer of campaign money between county and municipal committees.
The proposal would end the “fair and open contract” exception for businesses which make reportable campaign contributions at the legislative, county, and municipal levels, yet are able to receive contract awards valued greater than $17,500 with local governments – a practice not permitted at the state or gubernatorial level. The new legislation would also restrict the practice of “wheeling” by imposing contribution limitations on county and municipal committees which transfer money between committees and transfer committee contributions to out-of-county or out-of-municipality candidates.
September 8, 2010 •
Michigan – Pooling of Independent Expenditures Allowed
Unions and corporations in Michigan are allowed to pool funds for independent expenditures under an agreement reached between Secretary of State Land and the Michigan Chamber of Commerce.
The Chamber filed for, and was granted, a preliminary injunction against Land’s initial interpretation of Michigan’s campaign finance laws in the wake of the U.S. Supreme Court’s “Citizens United” decision. Land ruled the Chamber may make independent expenditures but could not set up a PAC to make them. Under the stipulated ruling, corporations, organization, and unions are still prohibited from making direct corporate contributions or using a PAC to do so.
Register to view our Citizens United Update and read how other states are reacting to the Citizens United decision, here.
September 7, 2010 •
Georgia Ethics Commission Issues Advisory Opinion No. 2010-06
The Georgia State Ethics Commission ruled that campaign candidate to candidate contributions must adhere to the limitations expressed under O.C.G.A. section 21-5-41.
The Commission determined the language in section 21-5-33(b)(1)(B) of the Georgia Ethics in Government Act which states a candidate is free to transfer excess contributions “without limitation to any national, state, or local committee of any political party or to any candidate” is not referencing an absence of limitation on such contributions, but is instead referencing the types of organizations to which such excess contributions may be contributed.
For further reading:
“Advisory Opinion – S.E.C. 2010-06,” by the Georgia State Ethics Commission.
This post is a follow-up to my previous article on Georgia campaign finance from August 30, 2010 – “Georgia Ethics Commission Advisory Opinion Coming,” by Joe May.
September 2, 2010 •
Lobbying News: Nevada
Nevada to Increase Lobbying Registration Fees for 2011.
The Nevada Legislative Ethics Commission has announced it will increase lobbyist registration fees for 2011. The fee has been set at $300 for paid lobbyists, triple the current amount. The fee for unpaid lobbyists will remain at $20.
According to the Lobbyist Registration Overview:
“The penalty for failure to file any monthly expenditure report(s) or to file late is $10 per day until the report(s) is submitted.”
If you have any questions, the Registration Office contact is (775) 684-6800.
Here is the overview from the Nevada Legislative Web site.
Photo by Ryan Jerz in Wikipedia.
September 2, 2010 •
Proposed Cuyahoga County Ethics Code to Be Debated
A draft ethics code for the new Cuyahoga County government will be the subject of a public meeting later this month.
The proposed Cuyahoga County ethics code is the product of a review conducted by a working group of volunteers who reviewed the ethics practices of 13 similar counties. The proposed code includes provisions for lobbyist registration and reporting, campaign finance disclosure, and “pay-to-play” provisions for public contracts.
The code calls for a new five person entity called the Cuyahoga County Ethics Board which will oversee ethics education and enforcement as well as a County Ethics Officer who would be empowered to render advisory opinions, process and initiate ethics complaints, and conduct investigations.
Finally, the new code provides for whistleblower protection for county employees who report suspected illegal or unethical conduct.
September 1, 2010 •
Michigan Campaign Contribution Limits To Remain Unchanged for Now
The state’s current campaign contribution limits will remain intact at least until after this year’s general elections.
A federal judge rejected Republican strategist Greg McNeilly’s request for an injunction on the limits, which have remained unchanged since 1976.
McNeilly argued the limits have not kept pace with inflation and constitute an infringement on his First Amendment rights. In Michigan, individuals can donate $500 to a candidate for state House, and $1,000 to a Senate candidate.
The lawsuit seeking to strike down these campaign contribution limits will be heard, but not before the November 2 election.
This post is a follow-up to a previous article on Michigan campaign finance from July 7 – “Michigan Campaign Contribution Limits Challenged,” by Steve Quinn.
August 30, 2010 •
Quoted in the news…
Newspaper quotes our president and CEO about campaign finance.
The Lodi News-Sentinel recently ran a story about campaign contributions in Lodi, California. The article discusses contributions that fall below the state’s $100 disclosure threshold. Elizabeth Bartz, the president and CEO of State and Federal Communications, Inc., offers her insights about California campaign finance laws and places it within the context of laws in other states.
You can find her insights here:
“Campaign: Donations of $99 or less never see light of day,” by Maggie Creamer in the Lodi News-Sentinel.
August 30, 2010 •
Georgia Ethics Commission Advisory Opinion Coming
The State Ethics Commission of Georgia is expected to issue an advisory opinion in the coming weeks concerning limits on campaign candidate to candidate contributions in the state.
Jim Walls, who runs the watchdog Web site AtlantaUnfiltered.com, has requested the opinion after language concerning such contributions and any limitations imposed was recently questioned before the State Ethics Commission. A vote by the Commission could remove caps on such contributions in the near future; however, if the vote were to remove the caps, it is expected to result in a bill being introduced before the state legislature to impose clear limits on these contributions.
For further reading:
“Ethics Commission to issue advisory opinion on campaign transfers,” by Walter Jones in the Rome News-Tribune.
“Law setting funding limits in elections could be gutted,” by Jim Walls in the Atlanta Journal-Constitution.
Here is letter of request by Jim Walls to the State Ethics Commission of Georgia.
August 27, 2010 •
New Rules in Maine for Reporting Independent Expenditures
The Maine Ethics Commission adopted emergency rules to address regulations deemed “unconstitutionally burdensome” by a federal court last week. The new rules apply to political action committees, party committees, and other outside groups making independent expenditures.
Beginning September 7th, independent expenditures exceeding $250 must be reported within 48 hours of the expenditure. Starting on October 20th, independent expenditures exceeding $100 must be reported within 24 hours. Other reports of independent expenditures will be required on September 7th, October 12th, and October 19th.
Here is the Notice on Reporting Independent Expenditures on the Maine Commission on Governmental Ethics and Election Practices Web site.
Photo by AlbanyNY on Wikipedia.
August 27, 2010 •
New Ethics Ordinance for Broward County
The Broward County Board of Commissioners has passed a new ethics ordinance.
Commissioners, their family members, and their staff will no longer be permitted to accept gifts from lobbyists registered with the county, employers of registered lobbyists, or vendors or contractors of the county. Commissioners will not be permitted to be employed as lobbyists or engage in lobbying activities before municipalities or other local government entities within the county.
Further, family members and office staff of a commissioner will not be permitted to lobby before the Board of County Commissioners or other local government entities within Broward County.
August 26, 2010 •
Ballot Measure 1 Fails Decisively
A ballot initiative in Alaska to put limits on lobbying and campaign donations was overwhelmingly defeated during the state’s Tuesday primary.
Ballot Measure 1 was touted as a way to increase transparency in lobbying and end “pay to play” politics. The measure was strongly and publicly opposed by unions, local governments, and business groups who were concerned the measure would have quieted the voice of many Alaskans in the political arena.
For further reading:
“Ballot Measure 1 soundly rejected,” by Lisa Demer in the Anchorage Daily News.
“Ballot Measure 1 rejected by wide margin,” by Ted Land on KTUU.com.
August 25, 2010 •
Pennsylvania Lawmakers Receive Gifts from Lobbyists
State lawmakers received at least $67,000 worth of gifts last year, according to statements of financial interest filed with the Pennsylvania Ethics Commission.
State officials must report tangible gifts of more than $250 per year from any source and transportation, lodging, and hospitality worth more than $650. Lobbyists were the most generous with legislators who have power to direct and control funding. For instance, Senate Appropriations Committee Chair Jake Corman received a $4,000 Super Bowl trip from a Pittsburgh law firm whose lobbyists represent a variety of clients, including utility companies, hospitals, wine and beer distributors, and banks.
Those who provide the gifts and travel are not necessarily trying to buy support for particular legislation, but they are buying lawmakers’ time according to one Harrisburg lobbyist, who asked not to be named. He said he frequently takes lawmakers to dinner but does not give tangible gifts. He said most often, gifts come from lobbyists whose interests already are in sync with the lawmaker’s policy positions.
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.