September 17, 2018 •

Chief Justice Roberts Stays FEC Campaign Finance Disclosure Regulation

On September 15th, Chief Justice of the United States John G. Roberts, Jr. issued an order staying a lower federal district court’s order invalidating a Federal Election Commission (FEC) campaign finance disclosure regulation. Robert’s stay was decided on Saturday after the U.S. Court of Appeals for the District of Columbia Circuit denied an emergency motion for the stay made earlier the same day.

On August 3, a federal district court had ruled a campaign finance disclosure regulation, followed for decades by the FEC, failed to uphold disclosure requirements required by a federal statute. Chief Judge Beryl A. Howell of the United States District Court for The District of Columbia issued an order, in CREW v. FEC, vacating 11 C.F.R. §109.10(e)(1)(vi), but stayed the vacatur for 45 days to give time for the FEC to issue interim regulations comporting with the statutory disclosure requirements of 52 U.S.C. §30104(c). The court also has allowed the FEC 30 days to change an earlier FEC dismissal to conform with the court’s ruling.

The case originated because of independent expenditures made in a 2012 Ohio senate race by the non-political social-welfare nonprofit Crossroads Grassroots Policy Strategies (Crossroads GPS), an affiliate of the American Crossroads Super PAC. Crossroads GPS did not report donors when reporting its independent expenditures, while it acknowledged receiving contributions over $200, arguing the donors did not donate funds directly tied to any specific reported expenditure, as the FEC interpreted 11 C.F.R. §109.10(e)(1)(vi) to require. Non-political committees making independent expenditures over $250 in a calendar year must comply with disclosure obligations closely analogous to those imposed on political committees.

The vacated regulation required the identification of each person who made a contribution in excess of $200 to the person filing a disclosure report, including for non-political 501(c)(4) non-profit entities making independent expenditures, if the contribution was made for the purpose of furthering the reported independent expenditure. The district court found the regulation, as construed and applied by the FEC, did not require the disclosure of donors, absent the donor’s express agreement that the funds be used for the specific expenditures reported to the FEC, even though the donor may otherwise support and in fact contribute for the purpose of funding those expenditures.

The district court found the regulation impermissibly narrows the mandated disclosure in 52 U.S.C. §30104(c)(2)(C), which requires the identification of such donors contributing for the purpose of furthering the non-political committee’s own express advocacy for or against the election of a federal candidate, even when the donor has not expressly directed that the funds be used in the precise manner reported.

November 24, 2020 •

Tuesday’s LobbyComply News Roundup

Campaign Finance National: “Georgia Senator David Perdue Privately Pushed for a Tax Break for Rich Sports Teamowners” by Robert Faturechi and Justin Elliott for ProPublica California: “SLO County Supervisors OK $25,000 Campaign Donation Cap Over Hundreds of Objections” by Lindsey […]

Campaign Finance

National: “Georgia Senator David Perdue Privately Pushed for a Tax Break for Rich Sports Teamowners” by Robert Faturechi and Justin Elliott for ProPublica

California: “SLO County Supervisors OK $25,000 Campaign Donation Cap Over Hundreds of Objections” by Lindsey Holden for San Luis Obispo News

New York: “Bill Would Further Restrict Coordination Between City Candidates and Independent Expenditure Campaigns” by Samar Khurshid for Gotham Gazette

Elections

National: “Trump Pushes Supreme Court to Let Him Reshape Apportionment” by Michael Macagnone for Roll Call

Ethics

National: “All the President’s ‘Guys’” by Ben Terris for Washington Post

California: “Feds Charge Recology Exec in Purported Mohammed Nuru Bribery Scheme” by Julian Mark and Joe Eskenazi for Mission Local

Illinois: “Feds Draw Near Illinois House Speaker Michael Madigan as Key Confidant Weighs Cooperation Choice” by Jason Meisner and Ray Long (Chicago Tribune) for Yahoo News

Ohio: “Sam Randazzo Resigns as Public Utilities Commission of Ohio Chair” by Jeremy Pelzer for Cleveland Plain Dealer

Legislative Issues

Wyoming: “When Will the Wyoming Legislature Convene Next Year? No One’s Sure Yet” by Nick Reynolds for Casper Star Tribune

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November 23, 2020 •

Missouri Special Session Continued Until After Thanksgiving Break

Missouri Capitol Building

The second special session of the Missouri General Assembly has been delayed until after the Thanksgiving break. This comes in response to a number of positive COVID-19 cases among members and staff. The special session began on November 5 to […]

The second special session of the Missouri General Assembly has been delayed until after the Thanksgiving break.

This comes in response to a number of positive COVID-19 cases among members and staff.

The special session began on November 5 to focus on getting federal CARES Act funding distributed to the state.

This does not affect lobbyist reporting.

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November 23, 2020 •

Third Cincinnati Council Member Arrested

Cincinnati Skyline

Cincinnati Skyline - by Mr. RNGAndreson

Cincinnati City Councilman Alexander “P.G.” Sittenfeld was arrested on federal corruption charges. He is the third council member to be arrested this year. Sittenfeld denies the allegations of bribery and attempted extortion and does not plan to resign. If he […]

Cincinnati City Councilman Alexander “P.G.” Sittenfeld was arrested on federal corruption charges.

He is the third council member to be arrested this year.

Sittenfeld denies the allegations of bribery and attempted extortion and does not plan to resign.

If he does resign, four members of the council will choose his successor by a majority vote.

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November 23, 2020 •

San Luis Obispo County Adopts Campaign Contribution Limits

San Luis Obispo

San Luis Obispo - by MARELBU

The San Luis Obispo County Board of Supervisors voted 3-1 on Friday to set campaign contribution limits at $25,000. Hundreds of community members called in asking the county go with the forthcoming state limit of $4,700. Opponents of the $25,000 […]

The San Luis Obispo County Board of Supervisors voted 3-1 on Friday to set campaign contribution limits at $25,000.

Hundreds of community members called in asking the county go with the forthcoming state limit of $4,700.

Opponents of the $25,000 ceiling voiced concerns the higher limit would lead to corruption.

Others argued the county should not make a decision until a replacement for deceased Supervisor Adam Hill is seated.

Last year, Gov. Gavin Newsom signed legislation limiting campaign contributions to local candidates to $4,700 in cities and counties not having their own contribution limits.

Those limits go into effect on Jan. 1, 2021.

The $25,000 limit will apply to candidates for 10 county offices, including the five supervisors, the district attorney, and the sheriff.

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November 23, 2020 •

Monday’s LobbyComply News Roundup

Campaign Finance National: “Biden Transition Steps Up Fundraising as Trump Withholds Federal Money” by Elena Schneider and Theodoric Meyer for Politico California: “After Divisive Election Cycle, San Jose to Explore New Campaign Finance Laws” by Maggie Angst for San Jose […]

Campaign Finance

National: “Biden Transition Steps Up Fundraising as Trump Withholds Federal Money” by Elena Schneider and Theodoric Meyer for Politico

California: “After Divisive Election Cycle, San Jose to Explore New Campaign Finance Laws” by Maggie Angst for San Jose Mercury News

Nevada: “Las Vegas Judge Took Lawyer’s Campaign Donation Before Dismissals” by David Ferrara for Las Vegas Review-Journal

Elections

National: “Trump’s Escalating Attacks Put Pressure on Vote Certification Process” by David Fahrenthold, Beth Reinhard, Elise Viebeck, and Emma Brown (Washington Post) for MSN

Ethics

New York: “Trump Tax Write-Offs Are Ensnared in 2 New York Fraud Investigations” by Danny Hakim, Mike McIntire, William Rashbaum, and Ben Protess for New York Times

Ohio: “Cincinnati City Councilman P.G. Sittenfeld Arrested on Federal Charges” by Andrew Tobias for Cleveland Plain Dealer

Utah: “Audit Finds Free Spending and Cronyism by Ex-State Agency Head” by Bethany Rodgers for Salt Lake Tribune

Lobbying

National: “K Street Moves to Counter ‘Purity’ Test for Biden Administration” by Kate Ackley for Roll Call

Florida: “After Months of Work, Leon County Gives OK to Stronger Lobbying Ordinance” by Karl Etters for Tallahassee Democrat

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November 20, 2020 •

COVID Has Affected State and Federal Communications

First, we are all in good health at State and Federal Communications. For the most part, we are working one day a week in the office and the rest working from home. The staff is also social distancing and wearing […]

First, we are all in good health at State and Federal Communications. For the most part, we are working one day a week in the office and the rest working from home. The staff is also social distancing and wearing masks when in the office. We have only had one staff member who tested positive and is back in the office after the required quarantine period.

I do have to say, this pandemic has affected an important publication. After 21 years, the quick desk reference, State and Federal Communications Guidebook, will not be printed. Due to the pandemic, our clients are not in the office and we are already in possession of the 2020 Congressional Directory we ordered for everyone and received in May, when offices closed and people started working from home.

The information in the Guidebook is included in the very robust State and Federal Communications website, www.stateandfed.com, which will have a redesign unveiled on December 1, 2020.

Jon Spontarelli and Kristi Hadgigeorge will be alerting the State and Federal Communications Community about the updates and upgrades on our new website and, especially where you can continue to find the valuable materials from the Guidebook.

We will continue to make sure you have all the valuable information you need for your work and please do not hesitate to give us a call if you need guidance along the road to compliance.

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November 20, 2020 •

Colorado Governor Calls for Special Session November 30

Colorado Capitol

Colorado Capitol Building

Colorado Gov. Jared Polis announced the start date of the previously announced special session on COVID-19 relief to begin November 30 at 10 a.m. Among the action items to be addressed during the session are childcare support, housing and direct […]

Colorado Gov. Jared Polis announced the start date of the previously announced special session on COVID-19 relief to begin November 30 at 10 a.m.

Among the action items to be addressed during the session are childcare support, housing and direct rental assistance, food insecurity, and public health response.

It is expected to take at least three days to approve the legislation. A professional lobbyist must disclose within 72 hours if a lobbyist agrees to lobby for an existing client or takes a new position in connection to legislation, standard, rules, or rates during a special session.

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November 20, 2020 •

New Mexico Governor Announces Special Session

New Mexico Capitol

New Mexico Capitol Building - Ken Lund

New Mexico Gov. Michelle Lujan Grisham announced November 19 she will call a special legislative session prior to Thanksgiving to provide COVID-19 relief. The state has about $300 million in federal aid. Gov. Grisham and lawmakers want to use the […]

New Mexico Gov. Michelle Lujan Grisham announced November 19 she will call a special legislative session prior to Thanksgiving to provide COVID-19 relief.

The state has about $300 million in federal aid. Gov. Grisham and lawmakers want to use the resources toward small businesses and unemployment.

The special session is scheduled to begin Tuesday, November 24, and is expected to last one day. The Roundhouse will be closed to the public during that time.

A legislative report will be due within 48 hours for each separate expenditure of $500 or more made or incurred by a lobbyist or employer during the special legislative session.

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