E-News from State and Federal
And, you thought 2012 was busy.
Wait until 2013!
with me. The 2012 election is almost over…and our work is D O N
Down the Road that I must travel
Through the darkness of the night
Where I’m going will you follow
On a highway in the night.
Wait a minute. Do you know what
follows a presidential election? That’s right, all 50 states
have a 2013 legislation planned session. Every one of them—Yes,
Nevada, Kentucky, and Texas, too.
Are you ready for it?
This is just a reminder our
www.stateandfed.com has all of the legislative sessions
included and we update it every month because there are changes,
extensions, and our favorite sine die days. Very soon you will
easily see the legislative sessions for every individual state
on its Home Page, which will make it easier for you to know
whether a lobbying report is due and whether you can make a
political contribution during the time the legislature is
Once again, our goal for 2013 is
to make our website 100% accurate and 100% easier for our
clients to use. And, you know if you have a suggestion, all you
have to do is call me at 330-761-9960 and I would love to listen
My name is Elizabeth Bartz…And,
I approve this message.
Back to singing with Mr. Mister!
When I was young I thought
of growing old
Of what my life would
mean to me
Would I have followed
down my chosen road
Or only wished what I
Elizabeth Z. Bartz
President and CEO
Angeles Enacts Campaign Finance Reform
Antonio Villaraigosa signed companion ordinances approved by city
council regarding campaign finance reform for candidates and political
committees. Ordinance No. 182264 amends Article 9.7 of the Municipal
Code and Ordinance No. 182265 amends Chapter 2 of Division 24 of the
Administrative Code. The changes include raising contribution limits to
candidate campaigns from $500 to $700 in council races and from $1,000
to $1,300 in citywide races. Beginning next year, candidates will also
be eligible for increased matching funds, including four public dollars
for every dollar contributed during the general election and two dollars
for every dollar contributed during the primary. Donors will also be
able to give to campaigns via text message. Beginning in 2015, public
matching funds will be given only for donations raised within city
limits. To be eligible for the city money, candidates will have to
collect contributions from at least 200 people living in the district
they hope to represent.
changes result from a year-long review by the Los Angeles City Ethics
Commission in response to the United States Supreme Court’s decision in
Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett, 131
S. Ct. 2806 (2011). Arizona’s matching fund scheme provided additional
funds for publicly funded candidates when expenditures by privately
financed candidates and independent groups exceeded the funding initially
allotted to the publicly financed candidate. The Court held the scheme
substantially burdened political speech and was not sufficiently
justified by a compelling interest to survive First Amendment scrutiny.
The new city ordinance increases the rate at which eligible candidates
receive matching funds and repeals the likely unconstitutional trigger
provisions in the matching funds program. Other changes include
clarifications for independent expenditure communications, improved
disclaimers for political communications, and increased disclosures by
ordinance became effective on October 29, 2012, and, except for the 2015
provisions, will govern the upcoming 2013 municipal elections. The
ethics commission has offered educational materials and additional
information available at ethics.lacity.org in order to help
participants in city elections understand and comply with the new laws.
Summary of Changes UPDATE
Note Recent Changes to
by John Cozine, Esq.
FEDERAL: On September 18, 2012, in
Center for Individual Freedom v. Van Hollen, a U.S. appellate court reversed
Van Hollen v. FEC, vacated the
district court’s prior judgment, and remanded the case to the district
court. Presently, under the jurisdiction of the district court, the FEC
must pursue rulemaking to address the issues brought by the lawsuit or
defend 11 C.F.R. §104.20(c)(9) in court against the parties bringing the
action. The FEC has not publicly declared its next course of action.
MONTANA: The U.S. Ninth Circuit Court of Appeals stayed a district court
decision that had ruled Montana’s contribution limits unconstitutional
under the First Amendment. The appellate court found the state was
likely to succeed on appeal. James Murry, the Montana Commissioner of
Political Practices, stated the contribution limits are in effect and
will be enforced.
WEST VIRGINIA: 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.
CALIFORNIA: Governor Jerry Brown signed Senate Bill 1001, which doubles
the registration fee paid by approximately 2,000 lobbyists in
California. The bill also charges a new $50 annual fee to political
campaign committees. The estimated $600,000 in increased revenue will
help maintain the state's Cal-Access website, which tracks lobbying
activity and campaign finance reports. The law takes effect January 1,
MIAMI-DADE COUNTY: The board of county commissioners passed an amendment
to the county's lobbying ordinance on September 6, 2012. Expenditure
reports are no longer required if a lobbyist had no expenditures during
the reporting period. The ordinance previously required expenditure
reports to be filed even if no lobbying expenditures were made. The
ordinance became effective on September 16, 2012.
Legislation We Are
At any given time, more than 1,000
legislative bills, which can affect how you do business as a government
affairs professional, are being discussed in federal, state, and local
jurisdictions. These bills are summarized in the State and Federal
Communications’ digital encyclopedias for lobbying laws, political
contributions, and procurement lobbying, and can be found in the client
portion of the State and Federal Communications' website.
Summaries of major bills are also included
in monthly e-mail updates sent to all clients. The chart below shows the
number of bills we are tracking in regards to lobbying laws, political
contributions, and procurement lobbying.
Number of Jurisdictions
E B S I T E
T I P
for a way to get information about all 50 states without going to each
We have created Resource Pages for our Lobbying Laws, Political
Contributions, and Procurement Lobbying publications that allow you to
access charts that bring together answers to commonly-asked questions.
These charts draw from the same database as the rest of our subscriber
website, so they are continually updated. Topics include legislative
session information, contingency lobbying, lobbyist registration fees,
the permissibility of direct corporate contributions, and the lobbyist
registration requirements for those engaging in procurement activities.
The Resource Pages can be accessed from the "landing" page you are sent
to upon logging into our website.
ASK THE EXPERTS
State and Federal
Communications’ Experts Answer Your Questions
Here is your chance to “Ask the Experts” at State and
Federal Communications, Inc. You can directly submit questions for this
feature, and we will select those most appropriate and answer them here.
Send your questions to:
(Of course, we have always been available to answer questions from
clients that are specific to your needs, and we encourage you to
continue to call or e-mail us with questions about your particular
company or organization. As always, we will confidentially and directly
provide answers or information you need.) Our replies to your questions
are not legal advice. Instead, these replies represent our analysis of
laws, rules, and regulations.
I am a registered lobbyist who was asked to make an
in-kind contribution on behalf of my company for an event to be
held by a state political party. Is this permissible?
As a registered lobbyist, your contributions may be governed by
two sets of laws: campaign finance and lobbying.
First, you must determine whether the state would consider the
in-kind payment to be a contribution or a lobbying expenditure.
If the in-kind payment is determined by the state’s governing
body to be a contribution, then this contribution must be
compliant with the campaign finance laws. You must first
determine if the amount and source of funding are permissible.
Assuming permissibility of the contribution, potential
restrictions on contributions facilitated by lobbyists and the
reportability of contributions facilitated by lobbyists will
need to be reviewed. In some states, once the in-kind
contribution is made, the lobbyist and the lobbyist’s principal
may not have additional involvement with the planning of the
event, but will be permitted to attend.
Where the state considers the in-kind payment to be a lobbying
expenditure and not a political contribution, you must ensure
that the expenditure will not exceed the state’s gift limit. The
pro-rata share of the expenditure attributable to all public
officials who attend the event may be reportable on a disclosure
While this analysis will vary from state to state, it is
important to be cautious when making in-kind payments.
November's Expert -
Sarah Kovit, Esq.
Wealth of Information at
Want to interact
with your fellow government affairs and procurement colleagues? Then
jump into the State and Federal Communications, Inc. blog at
Once there, you
can join the exchange of ideas and view solutions to common challenges
and problems. Also, State and Federal Communications continually adds
content to the blog, including ‘hot topics,’ which are summaries of
important news items you need to know.
the conversation, and make use of this valuable information resource.
State and Federal
Elizabeth Z. Bartz
with the 2011 William D. Taylor Award
winner, Stephanie Smith.
Both started college at
Kent State University Trumbull Campus.
Members of the Professional Advisory Board for the Kent
State University School of Journalism and Mass
[l to r: Tom Duke, Elizabeth Z. Bartz,
David Meeker, and Bill Miller]
See Us in Person
Plan to say hello at future
State and Federal Communications
will be attending and/or speaking regarding
Santa Monica, California
and Nation Policy Summit
December 3, 2012
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The Mission of State
and Federal Communications is
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We are the leading
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legislation and regulations surrounding campaign finance
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Contact us to learn how
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