August 11, 2010 •
Wisconsin Attorney General Issues Citizens United Opinion
State Attorney General J. B. Van Hollen issued a formal opinion on the impact on Wisconsin law of the recent U.S. Supreme Court decision in Citizens United v. Federal Election Commission.
Van Hollen explains, per Citizens United, any ban on corporate independent expenditures found in Wisconsin law violates the free speech and association guarantees of the First Amendment. The current prohibition found in Wisconsin law, however, banning the making and acceptance of corporate contributions was not reached by the Supreme Court and so it remains standing. Van Hollen goes on to explain Citizens United did not exclude issue advocacy from the scope of permissible reporting, disclosure, and disclaimer regulations which may be imposed by states like Wisconsin.
Finally, Van Hollen concurred with the recent efforts by the Government Accountability Board to suspend its enforcement of the corporate expenditure prohibition found in state law at Wisconsin Statutes § 11.38 (1)(a)(1) as those provision were clearly reached by the Citizens United decision. Attorney General Van Hollen’s opinion may be found at the Wisconsin Department of Justice’s Web site.
Photo of J.B. Van Hollen by WisPolitics.com on Wikipedia.
August 10, 2010 •
N.J. ELEC Posts Lobbyist Reports Online
Members of the public may now visit the Election Law Enforcement Commission (ELEC) Web site and read the actual scanned copies of financial activity reports filed by lobbyists in 2010.
The reports can be found at: www.elec.state.nj.us. They include detailed information reported to ELEC by lobbyists and the represented entities employing them. Among the details to be found in the reports are the names, contact information, salaries, and expenses for all lobbyists registered with ELEC.
In previous years, ELEC has provided summarized information contained in the annual lobbying reports. They were not available online until now.
In addition to the reports filed by represented entities such as corporations, unions, and trade associations, the annual reports filed by grassroots lobbying groups are also available. The reports detail the funds raised by grassroots groups through contributions, membership dues, and expenses associated with the group’s communication efforts.
ELEC’s reports show total lobbyist spending reached $57.6 million in 2009 with 1,001 lobbyists registered with the commission.
Map from the National Atlas of the United States.
August 9, 2010 •
Illinois Reporting System Set to Open
Illinois Secretary of State’s office announces due date for the first lobbyist expenditure report of 2010.
The Illinois Secretary of State Index Department has announced expenditure reporting requirements for the first half of 2010. Reporting for expenditures made on behalf of officials for the period of January 1 through June 30, 2010 opens on September 1, 2010.
Expenditures must be filed within 30 calendar days, or by September 30, 2010. The Index Department has announced they will publish an updated Expenditure Report Filing Guide available online on August 16, 2010. This guide is designed to assist filers with changes to the lobbyist laws.
Photo of Illinois Secretary of State Jesse White.
August 4, 2010 •
Social Media is the Emerging Question
The use of political ads on Web sites and in social media continues to test the practice of political campaigning.
California’s Fair Political Practices Commission just released a report by the Subcommittee on Internet Political Activity saying political ads used on Web sites and social media platforms such as Facebook and Twitter should be regulated the same way ads are on any other medium.
Here are two articles for further reading :
“Social media wrap: California watchdog recommends Internet political campaign regulations,” by Craig Howie in the Los Angeles Times on August 2, 2010.
“State panel calls for online political ad rules,” by Marisa Lagos in the San Francisco Chronicle on August 3, 2010.
August 4, 2010 •
Two Wisconsin Groups File a Law Suit
A liberal and a conservative group join forces to fight a new Wisconsin law regulating political issue ads.
Wisconsin Club for Growth and One Wisconsin Now filed a lawsuit in federal court against the Wisconsin Government Accountability Board. The groups say the new law infringes upon their right to free speech. The rule they oppose requires any group putting out a political issue ad to disclose the source of their money and how they spent it – whether or not the words in the ad direct a person to vote for or against a candidate.
The groups also raise the concern that the new law would bring greater internet regulation.
The Milwaukee Journal Sentinel offers this article on the challenge:
“Political opposites protest ad rules,” by Jason Stein, August 1, 2010.
Photograph taken by Dori
August 3, 2010 •
Cook County Introduces Lobbyist Disclosure Web Site
Illinois residents can now find out who is trying to influence county government with the click of a mouse.
County Clerk David Orr and Commissioner Bridget Gainer announced “Lobbyist Online,” a searchable database of lobbyists and lobbying activity in Cook County. This Web site allows users to find out who is lobbying county government, what they are promoting, who they are trying to influence, and how much money they make. This site comes on the heels of a newly implemented electronic lobbyist registration and reporting system.
Orr’s office reported lobbyists made 576 contacts seeking to influence nearly 60 county officials during the first half of 2010.
Here is the Cook County Clerk Web site with a link to the Lobbyist Online database.
August 3, 2010 •
Connecticut Follow-up
Connecticut governor vetoed campaign finance bill.
Governor M. Jodi Rell vetoed Senate Bill 551, a bill passed in response to the recent U.S. Circuit Court of Appeals decision in Green Party of Connecticut v. Garfield regarding the state’s Citizens’ Election Program, due to concerns over the state budget. Governor Rell had previously indicated to legislators her intent to veto any bill which increased grants to candidates participating in the program, but legislators chose to increase from $3,000,000 to $6,000,000 the grant to candidates participating in the general election for governor.
Rell criticized the decision, stating legislators “have taken a program that was intended to remove the taint of special interests and corruption from political campaigns and turned it into a welfare program for politicians.” Legislators are now considering a veto override to save the bill.
For more of the story, here is an article in the Boston Globe:
“Conn. governor vetoes bill to fix campaign law,” by Susan Haigh.
August 3, 2010 •
Third Party Challenges R.I. Public Campaign Finance System
The Moderate Party, which only gained official party status in Rhode Island a year ago, has sued the state in federal court claiming the current public campaign financing system is unfair to third parties.
Rhode Island General Treasurer Frank Caprio, who is running as a candidate for governor this fall, plans to argue the current system is equitable and has not placed the Moderate Party in a weaker financial position than the Republicans or Democrats.
U.S. District Judge William Smith will hear arguments in the suit this coming Thursday.
For further reading, here is an article by the Associated Press in the Boston Globe: “Caprio: RI campaign finance system is fair”
You will find many resources at the State of Rhode Island Board of Elections Campaign Finance Web site.
August 2, 2010 •
Connecticut General Assembly Passes Campaign Finance Bill
On July 30, 2010, during a special session, the Connecticut General Assembly passed Senate Bill 551.
SB 551 is a response to the recent U.S. Circuit Court of Appeals decision in Green Party of Connecticut v. Garfield regarding the state’s Citizens’ Election Program. If signed by Governor M. Jodi Rell, the bill would limit contributions from communicator lobbyists, members of the lobbyist’s immediate family, and political committees established or controlled by the lobbyist or lobbyist’s immediate family to $100, while also banning the bundling of contributions by the same individuals.
Further, the bill expands the list of items not considered to be a contribution, while also prohibiting the knowing solicitation of contributions by state contractors, prospective state contractors, principals of state contractors, and principals of prospective state contractors from the contractor’s employees or a subcontractor or principals of a subcontractor on behalf of exploratory or candidate committees, political committees authorized to make contributions or expenditures to or for the benefit of specified candidates, or a party committee.
Additionally, grants to participating candidates would increase to $6,000,000 for the general election campaign. However, Governor Rell has previously indicated her intent to veto any bill increasing grants to participating candidates, citing state budget concerns.
Photo by jimbowen0306 in Wikipedia.
July 29, 2010 •
Illinois Governor Signs Bill
Governor Pat Quinn signed Senate Bill 1526 into law into law late Wednesday.
This bill changes several provisions of the lobbying laws. The registration fee is lowered to $300 in response to the previous fee of $1,000 having been enjoined. Under this new law, lobbyists must notify officials in writing of reportable expenditures at the time the expenditures are made.
Effective January 1, 2011, lobbyist reports are due on a semi-monthly basis. For 2010, a report covering the second half of the year is due January 15, 2011; the Secretary of State will issue instructions for reporting lobbyist expenditures incurred during the first half of the year.
July 29, 2010 •
Wyoming Lawmakers Challenge State Election Law
Four Wyoming lawmakers are challenging the provisions of the state election code prohibiting political contributions by corporations.
The legal petition filed by the lawmakers asks a state district court to review Wyoming’s election law in light of the recent U.S. Supreme Court ruling in Citizens United v. Federal Election Commission. At present, Wyoming law prohibits corporations from making campaign contributions, a position which puts it at odds with the Supreme Court’s ruling.
While Wyoming’s election law hasn’t yet been challenged on grounds raised by Citizens United, it is seen by some lawmakers in Cheyenne as only a matter of time before a lawsuit emerges. The lawmakers hope their petition will preempt any such litigation against the state.
Here are some useful Wyoming links:
Wyoming State Legislature Web site
July 29, 2010 •
Akron Campaign Finance Legislation Passed
Akron City Council has approved legislation amending the city’s campaign finance law.
Under the new legislation, the city’s contribution limits of $300 for mayoral and at-large council candidates and $100 for ward council candidates do not apply when candidates are raising money outside of their own elections or reelections and other expenses such as “the duties of public office and seeking nomination or election to another office”.
The new legislation also lifts contribution limits for fundraising efforts by candidates for other candidates or for a political party.
Watch for more news on the Akron City Council Web site and at Ohio.com.
July 26, 2010 •
NCSL Summit 2010
The National Conference of State Legislatures Summit 2010 is under way and we are there.
Elizabeth Bartz, Nola Werren, Tony Pasquale, and Ren Koozer from State and Federal Communications, Inc. are attending the National Conference of State Legislatures 2010 Legislative Summit in Louisville, Ky.
U.S. House Speaker Nancy Pelosi and U.S. Senate Minority Leader Mitch McConnell opened the event at Monday morning’s general session.
Our own Client Specialist Nola Werren, Esq. will be moderating for the forum “Citizens United v. FEC: Political Blockbuster or Not?” on Tuesday, July 27, from 1 to 2 p.m. in Room CC108 – Level 1.
If you happen to be at the NCSL Summit, be sure to drop by and visit with us at booth #310! For those of you who would like to follow us on Twitter, use #SFC_NCSL as your hashtag!
July 23, 2010 •
N.H. Governor Vetoes Executive Ethics Commission Bill
New Hampshire Governor John Lynch has vetoed legislation that would have permitted members of the Executive Branch Ethics Committee to participate in partisan political activities.
Senate Bill 440 would have permitted members of the committee, during their term of service, to participate in elections for federal offices, including allowing their names to be in used in endorsements of candidates. Members would have also been permitted to campaign for candidates seeking federal offices and make contributions to their campaigns.
Citing the potential conflict-of-interest that could arise from members of the ethics committee engaging in political activity, Governor Lynch vetoed the measure on July 20, 2010. “I believe that SB 440 would weaken the Executive Branch Ethics Committee and would compromise the ability of its members to discharge their obligations impartially in the eyes of the public. It could create the perception that partisan politics plays a role in the decisions of the committee,” Lynch said.
For further reading here is the governor’s press release.
Photo by Marc Nozell used under a Creative Commons license.
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.