The Senate is considering minor amendments to a bill passed by both chambers to further restrict gifts to lawmakers. Senate Bill 1443 prohibits all gifts from lobbyists and reduces the value of gifts state officials can receive from a non-lobbyist source to $200 per calendar year.

Currently, lobbyists may provide gifts of $10 per calendar month and officials can receive $440 from a non-lobbyist source per calendar year. The bill also prohibits giving tickets to most entertainment events, golfing green fees, and spa treatments.

House members will hold a special, one-day session to consider two bills vetoed by Gov. Nikki Haley on Wednesday, August 27, 2014. The bills would allow public libraries keep out disrupters and permit a local tax hike for firefighting in coastal Murrell’s Inlet and Garden City.

The Senate voted overwhelmingly to override the vetoes, but those votes occurred after the House had adjourned in June. An override requires a two-thirds vote in both chambers.

U.S. District Court Judge D. Brock Hornby ruled in favor of four supporters of independent gubernatorial candidate Eliot Cutler who sued the state of Maine, alleging minor parties are at a disadvantage under sections 1015(1) and 1015(2) of Chapter 21-A of the Maine Revised Statutes. These provisions of law impose a per election limit of $1,500 per individual or entity.

Hornby granted a preliminary injunction, reasoning the per election limit unconstitutionally applied to supporters of Cutler. This ruling effectively allows supporters of Cutler to increase their contributions to $3,000 during the upcoming general election.

Whether the ruling will be appealed by the state is unclear.

The New York City Council is considering a measure increasing disclosure requirements for those making independent expenditures to influence city elections. Introduction 148 will require individuals and entities making independent expenditures totaling $5,000 or more to disclose the owners, partners, board members, or their equivalents of any entity reporting the expenditure. The measure further requires an individual or entity who transfers $1,000 or more to another individual or entity for the purpose of such other individual or entity making independent expenditures to report the transfer of money as if the transferor has directly made the independent expenditure.

Another provision of the measure requires individuals or entities to disclose detailed information on any electioneering communications, such as the top five donors to the entity responsible for the communication, and names of the owner and CEO of the entity.

Amy Loprest, the executive director of the New York City Campaign Finance Board, applauded the new disclosure requirements, saying, “This legislation will give voters a more complete view of who is paying for the campaign ads that fill their mailboxes and airwaves.”

If passed, Introduction 148 will take effect one year after its enactment.

The Municipal Securities Rulemaking Board (MSRB) is requesting comments on amendments to its pay-to-play law. MSRB Rule G-37 prohibits certain political contributions for two years prior to engaging in a municipal securities business where a related official received contributions. The amendments seek to extend the pay-to-play rule to municipal advisors.

In its press release, MSRB Executive Director Lynnette Kelly said, “Applying our well-established dealer pay-to-play rule to municipal advisors will help ensure that all regulated municipal market entities and professionals are held to the same high standards of integrity.”

Comments are due no later than October 1, 2014.

From the States and Municipalities:

California – Lawmakers Pass Bills to Outlaw Lobbyists’ Gifts, Disclose Actors Used in Campaign Commercials

Columbus Republic; Associated Press –   | Published: 8/18/2014

The California Assembly approved a measure that would lower the gift limit to elected officials from $440 to $200 and prohibit them from accepting free entry to professional sports and entertainment events, golf tournaments, spa treatments, and amusement parks. Senate Bill 1443 would outlaw gifts from lobbyists. It now goes back to the Senate for approval of minor amendments.

California – Panel Wants L.A. to Look at Using Prizes to Boost Voter Turnout

Los Angeles Times – David Zahniser | Published: 8/16/2014

With fewer than a fourth of voters showing up for recent local elections, the Los Angeles Ethics Commission voted to recommend that the city council consider a cash-prize drawing as an incentive to vote. Federal law prohibits payment for voting, but Ethics Commission member Jessica Levinson, who is also a law school professor, says that statute would not apply to elections without federal races on the ballot. California law prohibits money or gifts for votes for a particular candidate or measure, or payment to stay away from the polls altogether.

Colorado – Citizens United Suing Colorado over ‘Rocky Mountain Heist’ Funders

Denver Post – Joey Bunch | Published: 8/14/2014

Citizens United filed a lawsuit against Colorado Secretary of State Scott Gessler in federal court. The Virginia-based conservative group is finishing a movie called “Rocky Mountain Heist,” about those who have influenced Colorado’s political swing to the left over the past decade, calling out advocacy groups and politicians, likely including Gov. John Hickenlooper and U.S. Sen. Mark Udall, who are in tough races this fall. In June, Deputy Secretary of State Suzanne Staiert ruled the group would need to disclose the movie’s financiers under state campaign laws. The organization contended it deserved the same free-speech protections as traditional media.

Florida – Suspended Miami Lakes Mayor Michael Pizzi Is Found Not Guilty

Miami Herald – David Ovalle and Jay Weaver | Published: 8/14/2014

Suspended Miami Lakes Mayor Michael Pizzi was acquitted in a federal corruption case in which he was accused of accepting bribes from undercover FBI agents. Pizzi was accused of accepting $6,750 in payments between 2011 and 2013 in exchange for his help in obtaining federal grant money for both Miami Lakes and the nearby town of Medley, where he was the city attorney. The agents, pretending to be businesspeople, told Pizzi they intended to keep the hundreds of thousands of dollars in grant money for themselves. Pizzi’s lawyers portrayed him as honest and the victim of entrapment by overzealous FBI agents looking to make a high-profile arrest.

Indiana – Officials Defend Exceptions to Indiana Ethics Rules That Were Meant to Prevent Conflicts of Interest

Indianapolis Star – Ryan Sabalow | Published: 8/16/2014

Indiana’s ethics laws require that former state employees take at least a year off before working as a lobbyist or going to work for companies they once regulated. But an exception to the law allows public employees to circumvent the “revolving-door” rules. That exception: ask your former boss to grant you a waiver. The waiver is binding and does not require the approval of the state’s Ethics Commission. Other states such as Washington and Connecticut, which have earned top rankings by good-government groups for their “revolving-door” restrictions, do not allow waiting periods to be waived.

Massachusetts – Galvin to Launch Inquiry into Lobbyist

Boston Globe – David Scharfenberg | Published: 8/21/2014

Massachusetts Secretary of State William Galvin launched an inquiry into the activities of lobbyist John Brennan, who is a former state lawmaker. Attorney General Martha Coakley alleges the Brennan Group collected $370,000 in improper lobbying fees from the Franciscan Hospital for Children through a contingency fee. State law bars contingency agreements. In an agreement with Coakley’s office, the Brennan Group made no admission of guilt but agreed to repay Franciscan $100,000 of the disputed lobbying fees. “The agreement raises more questions than it answers,” said Galvin.

New Mexico – Duran, in Turnaround, OKs King’s Contested Campaign Contributions

Santa Fe New Mexican – Steve Terrell | Published: 8/14/2014

New Mexico Secretary of State Dianna Duran reversed her office’s initial finding that donations received by Democratic gubernatorial candidate Gary King violated the state’s campaign contribution limits. Facing a state Supreme Court hearing on the matter, Duran wrote in a letter to King that she no longer considered the donations in question to be impermissible. She said the decision was made after she weighed the arguments of King, the state’s attorney general.

New York – Bill Seeks More Disclosure for Certain Campaign Spending

Capital New York – Sally Goldenberg | Published: 8/20/2014

A bill that would mandate more information about independent expenditures be made public is expected to pass the New York City Council and be signed into law by Mayor Bill de Blasio. The legislation requires independent expenditures to list their top three donors on campaign literature they mail to voters. The information would also have to be presented on advertisements. It would not apply to those who give less than $5,000 in independent spending because they are not required to report their donors to the Campaign Finance Board.

Oklahoma – Ethics Commission to Consider Fees for Training

KGOU; eCapitol –   | Published: 8/20/2014

Under a proposed rule, the Oklahoma Ethics Commission would be able to charge registration fees to lobbyists, principals, PACs, and candidate committees. The commission would be required to publish the fees annually on July 1 of each year beginning in 2015. The proposed amendment will be the subject of a public hearing, and a possible vote during the commission’s September meeting.

Pennsylvania – U.S. Court Lifts Ban on Campaign Donations by Phila. Police Officers

Philadelphia Inquirer – Chris Hepp | Published: 8/20/2014

The U.S. Third Circuit Court of Appeals ruled Philadelphia police officers should be allowed to donate money to their union’s PAC. The ruling strikes down a ban enacted in 1919. The appeals court said the city had failed to show the prohibition, which applies to no other city employees, was effective in stemming political influence and corruption within the department, which was its original intent.

South Carolina – S.C. House Speaker Bobby Harrell Announces Grand Jury Probe Has Ended

Charleston Post & Courier – Cynthia Roldan, Jeremy Borden, and Schuler Knopf | Published: 8/16/2014

A grand jury investigation of South Carolina House Speaker Bobby Harrell has ended without charges and state Attorney General Alan Wilson has recused himself from the case, with the matter now in the hands a local prosecutor, according to Harrell’s office. A complaint alleged Harrell had improperly used campaign funds and had used his influence to obtain a state permit for his pharmaceutical business. Harrell has denied any impropriety.

Texas – Gov. Rick Perry of Texas Is Indicted on Charge of Abuse of Power

New York Times – Manny Fernandez | Published: 8/15/2014

A grand jury indicted Texas Gov. Rick Perry on two felony counts, saying he abused his office and used a veto threat to coerce Travis County District Attorney Rosemary Lehmberg to resign. The grand jury considered an ethics complaint that alleged Perry abused his veto power when he cut funding for the state’s anti-corruption unit, which is part of the Travis County district attorney’s office. The indictment comes as Perry, who is stepping down at the end of his term after 14 years in office, attempts to rehabilitate his political image as he considers another presidential campaign.

Washington – Ethics Panel Takes Preliminary Vote on Limiting Free Lobbyist Meals for Lawmakers

Columbus Republic – Rachel La Corte (Associated Press) | Published: 8/19/2014

Members of the Washington Legislature could get no more than 12 free meals a year from lobbyists under a plan tentatively approved by the Legislative Ethics Board. The board voted to define, for the first time, what current law means when it prohibits public officials from accepting free meals on more than “infrequent occasions.” The rule would not take effect until a final vote later this year on the overall proposal surrounding rules concerning meals.

Wisconsin – GOP Lawmakers Recruit Lobbyists for Door-to-Door Visits

Milwaukee Journal Sentinel – Patrick Marley | Published: 8/15/2014

Wisconsin Assembly leaders are recruiting lobbyists to help with door-to-door campaigns aimed at boosting the party’s majority in the chamber. The effort is called “Leggiepalooza,” a take-off on the Lollapalooza music festivals. Some lobbyists said they were uncomfortable with being asked to help with door knocking because they feared they could have a harder time passing bills if they did not participate. Others said they saw no problem with it.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

Lobbying

Alabama: “Campaign booster for Alabama Gov. Bentley was lobbyist for Corizon, prison health care contractor targeted in lawsuit” by Casey Toner in The Birmingham News.

Canada: “Joe Clark’s new job: Lobbying the federal government” by Glen McGregor in the National Post.

Campaign Finance

Florida: “David Rivera named co-conspirator as friend pleads guilty in campaign-finance case” by Marc Caputo, Jay Weaver and Patricia Mazzei in the Miami Herald.

Montana: “Out-of-state donors fund Daines’ Senate campaign” by The Associated Press in the Independent Record.

Vermont: “Vermont Public Money Gives Progressive Fundraising Edge” by Dave Gram (Associated Press) in Valley News.

Ethics

New York: “N.Y. poll: Government corruption a problem” by Jonathan Topaz in Politico.

Rhode Island: “Ethics Commission to probe lawmaker’s beach bid” by The Associated Press in The Washington Times.

Elections

“Top 5 Races to Watch in the Mid-Atlantic” by Nathan L. Gonzales in Roll Call.

Government Tech and Social Media

“Los Angeles Undertakes Massive Website Relaunch with Drupal” by Jason Shueh in Government Tech.

Redistricting

Florida: “Florida’s New Redistricting Plan: Round Two” by Linda Killian in The Wall Street Journal.

Legislators have approved an expansion of pay-to-play rules in response to a controversy involving suspended Sen. Ronald S. Calderon and his brother, former Assemblyman Tom Calderon. The two Democrats from Montebello made large campaign donations to most members of the Central Basin Municipal Water District Board before it approved a consulting contract for Tom Calderon.

Assembly Bill 1728 will add elected water board members throughout California to the list of officers who may not accept campaign contributions of more than $250 from donors with business pending before their boards. Officers must abstain from voting on pending business matters if such a donation has been received during the previous year.

The legislation now goes to Gov. Jerry Brown.

After 163 legislative days, the North Carolina General Assembly has adjourned sine die.

The adjournment is several weeks overdue as legislators hotly debated such contentious issues as pay increases for educators and the dumping of coal ash.

Photo of the North Carolina Legislative Building by Jayron32 on Wikimedia Commons.

Executive Director Jeff Brindle of the Election Law Enforcement Commission is calling for comprehensive pay-to-play reform after critics revealed a loophole in Trenton’s laws. The loophole became apparent after a South Jersey law firm was awarded a contract with the city worth up to $20,000.

One of the firm’s founding partners was serving as the treasurer of a PAC when the PAC donated $8,200 to the election campaign of Trenton Mayor Eric Jackson. Because neither the law firm nor any of its partners made a donation to the PAC, the contract award was not deemed a violation of the city’s pay-to-play law.

Critics, however, want the law revised to include such contract awards. Part of Brindle’s recommendations for reform include simplifying complex laws, creating a single pay-to-play law to apply to all governments at the state, county, and local levels, and prohibiting the pay-to-play loophole for publicly bid contracts.

The Oklahoma Ethics Commission will consider a rule amendment permitting it to collect registration fees from lobbyists, lobbyist principals, political action committees, and candidate committees. The proposed amendment would also allow the executive director to establish and collect registration fees from those participating in training events or educational classes and seminars.

If the amendment is approved, the commission would be required to publish a fee schedule on July 1 of each year beginning in 2015. There will be a public hearing and possibly a vote on the proposed amendment during the September commission meeting.

The Board of Ethics formally submitted its revised Rules & Regulations to the City Council on August 19. The rules govern board activities in conformation with the provisions of the Governmental Ethics Ordinance.

Unless the City Council, by majority vote, votes to disapprove them, the rules will become effective 45 days after submission.

On July 30, the Chicago City Council enacted amendments to the Governmental Ethics Ordinance, chapter 2-156 of the Municipal Code of Chicago.

Changes include granting the Board of Ethics authority to review campaign finance filings and to refer potential violations to the appropriate investigating authority. Pay-to-play provisions have also been amended, affecting vendors, lobbyists, and any other person seeking to do business with the city.

Penalties are currently imposed only on the candidate, official, or employee accepting a prohibited contribution. Under the revised ordinance, however, the penalty provisions will also apply to persons making such contributions.

The amendments take effect September 10.

On August 14, Citizens United filed suit in federal court against Colorado Secretary of State Scott Gessler. The lawsuit is a response to Deputy Secretary of State Suzanne Staiert’s June decision classifying the group’s upcoming documentary as a reportable electioneering communication.

Citizens United had hoped the documentary would be excluded from the definition of reportable electioneering communication under a general press-entity exemption. Although the Federal Election Commission applies such an exemption for Citizens United at the federal level, the secretary of state lacked the authority to import the FEC’s analysis and decision.

Citizens United is now asking the court to permanently enjoin enforcement of applicable reporting and disclosure requirements in their entirety or, in the alternative, enjoin enforcement of the requirements as applied to Citizens United. The group argues its right to engage in political speech is significantly burdened while the rights of print media and broadcast facilities are not. Moreover, the group claims the reporting and disclosure requirements discriminate based on a speaker’s identity and, therefore, violate both the U.S. and Colorado constitutions.