The Los Angeles City Ethics Commission voted in favor of a planned ballot measure to bar city contractors from making campaign contributions to candidates running for mayor and city council. Los Angeles City Council will decide by the end of November whether to place this law on the ballot for the March 8 municipal election.

Under the proposal, those who do not abide by the new restrictions risk being barred from winning a city contract for four years. This type of ban has been under consideration several times since 2005 but has stalled at various stages of the legislative process each time.

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Baltimore City Council President Bernard Young introduced legislation to expand the city’s rules on lobbying. The Promoting Honesty in Lobbying bill requires individuals paid any dollar amount for lobbying to register as lobbyists. Currently, individuals are only required to register as lobbyists if they earn $2,500 or more.

Registration would also be required of individuals spending 20 percent or more of their time over a six-month period on lobbying. Lobbyists would have to report total expenditures for grassroots lobbying, including those for print, audio, visual, and electronic publications. Among other provisions of the bill is the prohibition of a lobbyist stating he or she can obtain the vote of a councilmember.

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The State Ethics Commission will not appeal South Carolina Citizens for Life, Inc. v Krawcheck, a federal court decision finding South Carolina’s statutory definition of committee unconstitutional. The commission has already voluntarily announced it will not enforce provisions of the law concerning committees making independent expenditures.

State Ethics Commission Executive Director Herb Hayden says groups can now both raise and spend unlimited amounts of money and likely will not have to report their donors. He and Senate Ethics Committee Chairman Wes Hayes say a new law is needed to govern committee contribution limits.

Potential loopholes in the recently passed Palm Beach County Ethics Ordinance have some lawmakers once again working on ethics legislation. The new ethics rules, which went into effect on May 1, 2010, require a financial benefit to result from prohibited conduct, but do not include other benefits derived which are not financial in nature.

A proposed revision is in the early stages of legislation. Since 2006, four county commissioners have resigned their positions to face criminal charges over their misuse of office. Despite the potential loopholes, commissioners still hope the ethics reforms which took effect earlier this year will result in ethical relief to the scandal-plagued county.

The Office of Campaign and Political Finance (OCPF) has reminded state and county candidates, state party committees, and ballot question committees they must now file 72-hour late contribution reports if they receive and deposit contributions of $500 or more shortly before a primary or general election. In the case of the upcoming November 2nd general election, the reporting period runs from October 16 to October 29.

The new change to state law specifically requires disclosure, within 72 hours, of contributions of $500 or more which are deposited within 18 days of an election. The new law does not, however, require 72-hour reports for large deposits made within three days before an election. For instance, reports would not have to be filed for for late contributions deposited from October 30 to November 1, the three days prior to Election Day on November 2nd.

The California Fair Political Practices Commission (FPPC) has promulgated a rule requiring groups paying for political advertisements expressly advocating for the election or defeat of a candidate or ballot measure to disclose who paid for the message, even in when the messages do not contain so-called magic words such as “vote for,” or “elect”. Those words have previously been the legal threshold for disclosure.

This rule will apply to messages appearing in the final 60 days before an election. The regulations will not take effect until after the November general election.

“The commission has adopted what is likely the first statewide rule of its type in the nation,” said FPPC Chair Dan Schnur. “By forcing the disclosure of those who truly attempt to influence the outcome of an election, we have put an end to the most egregious of campaign tactics.”

Here is the original press release: “FPPC Shines Light on “Thinly Veiled” Campaign Speech”

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A 2006 New Hampshire ethics reform law requiring any non-public official who meets with a lawmaker to discuss legislation to register as a lobbyist has recently come under fire.  The law currently exempts lawyers who are full-time employees of a public body from the registration requirement.  Opponents of the law argue small towns and school districts that cannot afford a full-time attorney are put at a disadvantage to larger governmental organizations in efforts to influence legislation.

Citing the law, New Hampshire Rep. Rick Watrous recently asked the attorney general’s office to investigate the actions of attorney John Teague. Teague serves as the Concord School District’s lawyer, but is not a full-time school district employee.  Teague participated in a meeting with Senate President Sylvia Larsen, Sen. Betsi DeVries, and the Superintendent of the Concord School District to discuss a House bill dealing with the school district’s charter.  The attorney general’s office found that Teague ran afoul of the law by meeting with lawmakers privately and issued a public warning and ordered Teague to register retroactively as a lobbyist and pay the $50 annual filing fee.  The finding has raised concerns about the propriety and application of the current registration requirement, including calls for legislative reform of the statute.

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The U.S. Supreme Court decided not to hear the city’s appeal of a lawsuit brought by the Long Beach Area Chamber of Commerce over the city’s campaign finance rules involving independent expenditures.

Long Beach appealed to the high court after the Ninth Circuit U.S. Court of Appeals affirmed a lower court ruling stating the Chamber’s PAC may receive unlimited contributions to fund their independent campaign expenditures in city elections.

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A federal judge has granted the request of two men seeking to be able to contribute in excess of the state’s limit of $1,000 to a noncandidate political action committee. U.S. District Judge Michael Seabright issued an order permitting the plaintiffs in the action to contribute $2,500 to the Aloha Family Alliance, a noncandidate political action committee which supports traditional marriage and opposes abortion and physician-assisted suicide, for the general election.

Hawaii law limits contributions to a noncandidate committee to $1,000 per election, with the primary and general election counting as two separate elections. Neither plaintiff in this action had made a contribution during the primary election. Further, the written order does not allow others exceed the $1,000 limit for the general election.

State Attorney General Mark Bennett has requested a stay of the order while the case is appealed to the U.S. 9th Circuit Court of Appeals. This order only speaks to this particular facet of the lawsuit, not to the additional plaintiff complaints regarding disclaimers and attribution related to advertisements, political reporting requirements, and pay-to-play restrictions, which Judge Seabright will rule on at a later date.

If approved, Issue 14 will require the council to pass legislation within 90 days amending the city’s campaign finance regulations. The caps on individual contributions would increase from $100 to $200 per candidate per election for ward candidates and from $300 to $450 for candidates for mayor and council members-at-large.

Also, the council will be required to hold mandatory public hearings every two years to revisit the city’s contribution limits to consider adjustments for inflation and costs of living.

During a recent session of the council Rules Committee, the measure received unanimous support, with similar support expected before the full council at their Tuesday, October 12, 2010 meeting.

The new ordinance not only creates an independent ethics commission, but also provides for the operation of an ethics hotline and the mandatory ethics training of all consolidated government officials within 90 days of being elected. The ordinance, if passed, would reinstitute ethics features similar to the city’s originally chartered Code of Ethics, which was removed in the early 1970’s reportedly due to potential conflicts with a new statewide ethics law adopted by the Florida legislature which covered all public officials.

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The plaintiffs allege the lieutenant governor’s office, which is charged by law to enforce the state’s campaign finance regulations, has taken no enforcement action against the 41 of 58 major county political parties which failed to submit their campaign finance disclosure statements by the recent August 31st deadline. The plaintiffs then turned to the Utah Attorney General asking for enforcement of the disclosure requirements.

The Attorney General’s office did not respond to the plaintiff’s enforcement request but later explained through a spokesman state law authorizes the lieutenant governor to act in matters touching upon campaign finance. For its part, the lieutenant governor’s office advises political parties to submit their financial disclosure statements even though state law does not specifically require them to do so.

According to Mark Thomas, elections director for the lieutenant governor, state law remains ambiguous on the question of the reporting responsibilities of county political parties; a question which will persist until state lawmakers clarify the law. “We would all like to get it better clarified,” Thomas said.

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The Maine Commission on Governmental Ethics and Election Practices will be closed on Friday, October 8, 2010 for a mandatory furlough day and Monday, October 11, 2010 in observance of Columbus Day.

The commission advises independent expenditure reports which are due by October 12, 2010 (the October Summary Report) may be submitted to the commission by fax. The fax number which may be used is: (207) 287-6775.

The Ninth U.S. Circuit Court of Appeals stayed the decision in Family PAC v. McKenna, et al. which declared a Washington law limiting campaign contributions in the final weeks of ballot measure campaigns unconstitutional.  U.S. District Judge Ronald Leighton ruled last month that the Washington limit is an unconstitutional infringement on political speech.  Late Tuesday, a panel of Ninth U.S. Circuit Court of Appeals judges blocked that ruling from taking effect while the state appeals.

The three-judge panel wrote “Washington and its voters have a significant interest in preventing the State’s long-standing campaign finance laws from being upended by the courts so soon before the upcoming election.”  The Court also considered that Family PAC had failed to identify any contributions greater than $5000 that it expected to receive in the event the law would be overturned and appeared not to be participating in the upcoming general election, mitigating any harm that may come from the stay of the ruling.  Family PAC was created shortly after last year’s legal deadline for large campaign contributions had passed. The committee said it had an offer for a large donation to finance political ads but could not accept the money because of the state law.