December 28, 2012 •
Executive Director Theresa Kirk Leaving West Virginia Ethics Commission
Will remain in position until new executive director selected
Ethics Commission executive director Theresa Kirk is planning to leave the agency to work in the private sector. She expects to stay on for 60 to 90 days to assist in preparing the commission’s 2013 legislative agenda and the transition to a new executive director.
Ms. Kirk has been the commission’s executive director since February 2009, and prior to that served as the commission’s legal counsel. The commission approved an employment exemption allowing her to seek work in the private sector.
October 3, 2012 •
Campaign Finance Laws Challenged
First Amendment challenges a common thread
With the November elections on the horizon, a number of lawsuits have been filed by potential campaign contributors seeking to determine the constitutionality of their states’ campaign finance laws. The following states have seen campaign finance laws invalidated in August.
In Nebraska, the state supreme court held the Campaign Finance Limitation Act (CFLA) unconstitutional. The CFLA allowed candidates participating in the public financing program to receive additional public funds if their privately-funded opponents exceeded certain spending limits. The court also struck down the CFLA’s aggregate contribution limits and rules governing acceptance of contributions from independent groups after the court determined the public financing portion of the CFLA was not severable from the rest of the law.
The Sixth Circuit Court of Appeals ruled Ohio’s ban on political contributions to candidates for state attorney general or county prosecutor from doctors who treat Medicaid patients unconstitutional. The provision was designed to prevent fraud by banning contributions to those officials who prosecute Medicaid fraud, but the court held the prohibition a violation of doctors’ free speech rights.
In Florida, a federal judge issued a temporary injunction blocking enforcement of Florida’s $100 per election contribution limit for persons 17 and under, holding the law an unconstitutional infringement on free speech rights. Florida allows persons aged 18 and over to contribute $500 per election.
A federal judge in West Virginia granted a preliminary injunction to prevent enforcement of West Virginia’s $1,000-per-election limit on contributions to independent expenditure PACs, on the grounds that the limit chills First Amendment free speech rights. The injunction will remain in place pending a final resolution of the case.
Finally, in Colorado, a federal judge invalidated several campaign finance rule changes made by the secretary of state. The rules struck down include one providing that organizations are only subject to reporting requirements if more than 30 percent of their spending was for or against a ballot issue, and one limiting penalties for certain campaign finance violations. The secretary of state’s rule defining electioneering communications was upheld. Two additional rules await a decision.
September 14, 2012 •
West Virginia Public Campaign Finance Program Invalidated
Violates free speech rights of candidates receiving private contributions
The West Virginia Supreme Court has struck down the state’s public campaign financing pilot program.
The program, similar to other programs invalidated in Arizona and Nebraska, provided additional public financing to candidates whose privately-financed opponents made expenditures beyond a certain amount.
The court held that West Virginia’s program violated privately-financed candidates’ free speech rights by essentially preventing them from making expenditures in order to avoid their opponents’ receipt of additional funds.
March 28, 2012 •
The Latest Redistricting News
Today we have news on redistricting issues from nine states:
Alaska: “Alaska Redistricting Board says it has adopted new election districts” by Matt Buxton in the Fairbanks Daily News Miner.
Arizona: “Brewer signs bill to keep Arizona redistricting commission going while new maps are pending” by The Associated Press in The Republic.
Florida: “Redrawn Senate map passes House, scramble for seats begin” by Mary Ellen Klas in the Tampa Bay Times.
Florida: “Legislature ends redistricting session, new Senate map approved” by Mary Ellen Klas in The Miami Herald.
Idaho: “Redistricting will shake up Idaho Legislature” by Sean Ellis in the Capital Press.
Kansas: “Kan. House to debate congressional remap bill” by The Associated Press in the Salina Journal.
Maryland: “Group seeks referendum on new Md. congressional map” by Annie Linskey in The Baltimore Sun.
Missouri: “Missouri Supreme Court upholds House districts” by Elizabeth Crisp in the St. Louis Post-Dispatch.
West Virginia: “W.Va. lawmakers seek OK of congressional districts” by Eric Eyre in the Charleston Gazette.
Wisconsin: “Judges: Collaboration needed on Wis. voting maps” by The Associated Press on Madison.com.
Wisconsin: Opinion piece “Redistricting decision offers important lesson” by Christine Neumann-Ortiz in the Milwaukee Journal-Sentinel.
March 12, 2012 •
State Legislative Sessions Update
Four state legislatures report end to sessions
FLORIDA: The 2012 session of the Florida legislature adjourned on Friday, March 9th. Governor Rick Scott now has 15 days to sign or veto legislation, or the legislation will become law without his signature. Additionally, Governor Scott has called the legislature back to Tallahassee for a special session, set to begin Wednesday, March 14th. The session is slated to deal with the Florida Supreme Court’s decision to overturn the legislature’s redistricting plan for the state Senate.
INDIANA: Lawmakers concluded the 2012 legislative session at nearly 2:00 a.m. on Saturday, March 10th.
VIRGINIA: The General Assembly concluded the 2012 legislative session on Saturday, March 10, 2012. The assembly introduced 2,875 bills during the 60-day legislative session. Nearly 1,600 passed, and the Governor has already signed over 200 into law.
WEST VIRGINIA: The legislature of West Virginia adjourned sine die shortly before midnight on Saturday, March 10, 2012. The legislature then reconvened shortly thereafter on Sunday, March 11, 2012, to begin work on the 2012 extended budget session.
February 6, 2012 •
West Virginia Legislature Gives Reminder about Use of Social Media
Because of the social media capabilities of the latest mobile devices, the West Virginia Legislature is putting out a reminder to lawmakers about the ban on electronic communications during floor sessions.
For full news coverage, read:
“W.Va. lawmakers navigate lobby ban, social media” by The Associated Press in the Washington Examiner.
“W.Va. lawmakers seek buffer from e-lobbying but not blockade with public in social media age” by Lawrence Messina (Associated Press) in The Republic.
Photo of the West Virginia State Capitol Building by Analogue Kid on Wikipedia.
January 12, 2012 •
Redistricting in the News
Here is a selection of redistricting news items from around the nation.
Florida: “Senate committee finalizes redistricting maps as Democrats split” Mary Ellen Klas in the Miami Herald.
“Democrats prepare for partisan redistricting debate” by Aaron Deslatte in the Orlando Sentinel.
Kentucky: “Panel approves state House redistricting plan over Republican protests” by Jack Brammer in the Lexington Herald-Leader.
North Carolina: “N.C. lawyers want redistricting challenges dismissed“by The Associated Press in the Greensboro News & Record.
Texas:“Republicans say Texas may need to hold two primaries” by Aman Batheja in the Star-Telegram.
“More Confusion in Redistricting Case” by Richard Whittaker in The Austin Chronicle.
West Virginia: “W.Va. redistricting deadline lifted, but election calendar looms” by Lawrence Messina (Associated Press) in the Charleston Gazette.
December 12, 2011 •
West Virginia Convenes Special Session
Regulation of Oil and Gas Wells to be Discussed
The West Virginia Legislature convened a special session on Sunday, December 11, 2011.
The session has been called to discuss the regulation of oil and gas wells.
November 14, 2011 •
West Virginia Legislature Convenes Special Session
Election Results Certified
The West Virginia Legislature convened for a special session on November 13, 2011 to certify election results.
The house has adjourned sine die.
The senate will reconvene at 6 p.m. on November 14, 2011.
Photo of the West Virginia State House by Analogue Kid on Wikipedia.
November 3, 2011 •
West Virginia Governor Calls Special Session
Election Results to be Certified and Declared
Governor Earl Ray Tomblin has called a special session to be held on November 13, 2011.
The purpose of the session will be to certify and declare the results of the October 4, 2011 special election.
Map of West Virginia by Jim Irwin on Wikipedia.
August 23, 2011 •
West Virginia Special Session Adjourns
Session addressed redistricting
The West Virginia Legislature adjourned the second special session on redistricting on August 21, 2011.
Here is the announcement on the West Virginia Legislature’s blog.
Photo of the West Virginia State Capitol by Garkeith on Wikipedia.
August 15, 2011 •
West Virginia Governor Calls Additional Special Session
Will Address Redistricting
West Virginia Governor Earl Ray Tomblin has called another special session of the state Legislature to address redistricting following his veto of the redistricting bill passed during the last special session.
The special session will begin at noon on Thursday, August 18, 2011.
Photo of the West Virginia State Capitol building by Analogue Kid on Wikipedia.
July 27, 2011 •
West Virginia to Hold Special Session
Begins August 1
West Virginia Governor Earl Ray Tomblin has called a special legislative session.
It will begin at noon on August 1, 2011.
Here is the press release on the Office of the Governor website and a link to the West Virginia Legislature website.
July 20, 2011 •
U.S. District Court Strikes Down West Virginia Campaign Finance Laws
Court strikes down electioneering communications law
Judge Thomas Johnston of the U.S. District Court for the Southern District of West Virginia has struck down key provisions of campaign finance law pertaining to electioneering communications.
In a suit filed by West Virginians for Life and the Center for Individual Freedom, the court held that while the state of West Virginia could regulate advertisements that “can have no other reasonable meaning than to urge the election or defeat of one or more clearly identified candidates,” the state could not require financial disclosures from third party groups creating advertisements that are merely “susceptible” to the interpretation that they are an appeal for or against a specific candidate.
Further, the court struck down the extension of electioneering communication regulations to print media while upholding the applicability of such regulations to broadcast media.
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