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.

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.

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’s eGovernment Site

Wyoming State Legislature Web site

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.

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!

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.

Lawmakers adopted rules for candidates using social networking Web sites, making Maryland one of the first states to regulate such activity.

Here are two articles for further reading:

“Candidates Must Adhere to New Social Media Rules,” by Julie Bykowicz in the Baltimore Sun

“Maryland Lawmakers Pass New Election Law Restricting Facebook Today,” by Chet Dembeck in the Baltimore Examiner

The Massachusetts Office of Campaign and Political Finance (OCPF) has issued an emergency rule regarding independent expenditures by political action committees.

Emergency Rule 970 C.M.R. 2.17, which states a political action committee only raising funds to make independent expenditures, and then only making independent expenditures, will be regarded as an independent expenditure PAC. Unlike other PACs, independent expenditure PACs may raise funds from individuals without limit, and from corporations and other entities otherwise prohibited from contributing to PACs pursuant to Massachusetts law. Independent expenditure PACs are subject to all other requirements applying to other PACs, including disclosure requirements.

An independent expenditure PAC may not directly or indirectly coordinate its campaign activity with any Massachusetts candidate or political committee. If the independent expenditure PAC makes a coordinated expenditure it becomes a PAC subject to all requirements, including limits on contributions applying to other PACs.

Finally, the term “election” includes any preliminary, primary, or special general election. All preliminary reports of independent expenditures must be filed electronically. The emergency rule was effective upon filing on Friday, July 16, 2010.

Photo from the National Atlas of the United States.

With the passage of House Bill 201, a special election has been authorized to fill the vacant Senate seat long held by U.S. Senator Robert Byrd, who passed in June.   Governor Manchin signed the bill late Monday night.

There will be a special primary election on August 28^th and a special general election on November 2^nd in conjunction with the mid-term congressional contests.   Joe Manchin, a popular two-term governor has announced his intentions to run for this senate seat.

In a political compromise, this legislation declares November’s special election a “legally separate” contest from the general election, meaning Rep. Shelly Moore Capito, considered the top Republican candidate for the seat, may run for Byrd’s seat without giving up her seat in the House.  The filing period for the special election begins Tuesday morning and will last through 5 p.m. Friday.

The commission is open for business even though, at this time, the commission has no staff, no Web site, no e-mail address, and only received a temporary mailing address in the Lt. Governor’s office on Monday evening. For the time being, complaints may be sent to Lt. Governor Bell’s office in confidence to P.O. Box 142525, Salt Lake City, UT 84114. Complaints may also be delivered in person to Bell’s office in Suite 220 at the State Capitol.

The Utah Legislature created the commission this year as part of an effort to reform legislative ethics. Utah voters will be able to vote in November on whether or not to make the new commission a permanent part of the state constitution.

Photo by Scott Catron on Wikipedia.

The two-day session will continue on July 22, 2010 beginning at 8:30 A.M. There will be open and closed door sessions on both days. The G.A.B. is expected to discuss a request to extend G.A.B. Emergency Rule 1.91 relating to organizations making independent disbursements.

Among the other proposed campaign finance issues on the agenda are guidelines concerning charitable contributions, campaign fundraising, campaign contributions by lobbyists and principals, candidates and the lobby law, and campaign finance registration and reporting. Day One of the two-day meeting will be held in the Joint Committee on Finance Hearing Room located at 412 East in the State Capitol. Day Two will convene in the G.A.B. board room located at 212 East Washington Avenue, third floor in Madison.

Here are some great resources from the GAB Web site!

Photograph taken by Dori

Cuyahoga County Prosecutor Bill Mason and the Campaign Finance Reform Committee, which convened in March 2010 to study campaign finance reform issues in Cuyahoga County, have announced four recommendations that will be forwarded to the new Cuyahoga County government due to take office on January 1, 2011. The recommendations include the establishment of an electronic filing system for campaign finance reports, the establishment of a lobbyist registry for Cuyahoga County, and the establishment of campaign contribution limits for county-wide offices. Finally, the committee recommends the new county government adopt a Clean Elections Act which would implement a voluntary, publicly funded campaign financing option for candidates for Cuyahoga County offices. Mason hopes the new county government will take up the recommendations quickly once it takes office next year.

Here are some resources for further reading:

Cuyahoga County Charter Transition Advisory Group Web site

New campaign finance rules proposed for Cuyahoga County, by Kevin Niedermier at WKSU

Cuyahoga County Prosecutor Bill Mason announces campaign finance reforms, by Laura Johnston at the Cleveland Plain Dealer

In the first decision, the court affirmed the U.S. District Court’s decision upholding the CFRA’s ban on contributions by state contractors, prospective state contractors, and the principals of contractors and prospective state contractors, as well as the spouse and dependent children of these individuals. However, in a reversal of the lower court’s decision, the Second Circuit struck down the ban on contributions from lobbyists and their families.

In the second decision, the court overturned a prior U.S. District Court decision which had declared the Citizens Election Program’s public financing for qualifying candidates as unconstitutional on the basis it discriminated against minor parties and their candidates. The court, however, agreed with the earlier decision in finding the CEP to unconstitutionally infringe upon the First Amendment rights to free speech of privately funded wealthy candidates when the state’s program required extra public funds be distributed to publicly funded candidates when certain financing “triggers” had been achieved. The Connecticut State Elections Enforcement Commission is expected to meet with the attorney general to determine the next course of action.

(Image from the National Atlas of the United States)

This ethics overhaul was a top priority for Nixon and legislative leaders this year. Among the major changes, the new law requires elected officials and candidates to report larger campaign donations within 48 hours. It also gives the bipartisan Missouri Ethics Commission the power to begin investigations on its own, without waiting for a complaint. The law also expands reporting requirements for lobbyists who invite groups of state officials to events. Under this new law, campaign disclosure reports must be filed electronically beginning in January, 2011 and the fines for late reports are increased significantly.