April 25, 2013 •
FEC Issues Advisory Finding DOMA Limits Same-Sex Couple Contributions from Individual Accounts
AO 2013-02
The Federal Election Commission (FEC) issued a unanimous Advisory Opinion concluding same-sex couples married under state law are precluded from making joint federal political contributions from an individual bank account.
A same-sex couple married under Massachusetts law sought to make a political contribution to Dan Winslow, a candidate for the United States Senate.
The contribution check included instructions to attribute the contribution separately and equally between both individuals, even though the check was drawn from one of the individual’s bank account.
11 C.F.R. 110.1(i) provides spouses a legal exception to the prohibition on making a contribution in the name of another person. However, the term “spouse” is not defined in the Federal Election Campaign Act of 1971 or the Commission’s regulations.
The Commission relied the Defense of Marriage Act (DOMA) interpretation of spouse referring “only to a person of the opposite sex who is a husband or a wife”.
In AO 2013-02, the FEC concluded DOMA prohibits applying the exception under 11 C.F.R. 110.1(i). The Commission distinguished a contribution made from a joint account, rather than an individual account, in a footnote to the opinion, noting, “Same-sex couples (whether married under state law or not) may as joint account holders make contributions in a manner similar to that afforded spouses under 11 C.F.R. 110.1(i).”
The Commission concluded its analysis and conclusions “may be affected by subsequent developments in the law including, but not limited to, statutes, regulations, advisory opinions, and case law”.
April 25, 2013 •
California FPPC Introduces Gift Tracker App
Smartphone app allows state officials to keep tabs on gift limits
The Fair Political Practices Commission has released the first known government ethics app. A free smartphone app called Gift Tracker is available for Android 4.0 phones (coming soon for iPhones) to let state officials and employees record gifts received from restricted sources.
Features allow users to record and search gift donors and the balance of allowable gifts remaining. In other words, an official sitting down to a free meal can check his phone to determine whether he orders the salad or the steak.
Information and download of the app are available here.
April 25, 2013 •
Florida Legislature Passes Campaign Finance Bill
Increased disclosures and contribution limits
The Florida House and Senate reached a compromise on contribution limits, passing a comprehensive campaign finance bill.
The major changes in the bill include:
- Elimination of committees of continuous existence;
- Requiring weekly reporting by political committees and electioneering communications organizations beginning with the 60th day prior to a primary election and continuing until the 4th day before a general election, and daily reporting beginning with the 10th day before a general election;
- Increasing campaign contribution limits from $500 to $3,000 for a candidate for statewide office or retention as a justice of the state supreme court, and from $500 to $1,000 for a candidate for legislative office, retention as a judge of a district court of appeal, or circuit judge; and
- Elimination of limits on contributions to political committees.
The original bill increased all contribution limits from $500 to $10,000. At the beginning of debate on the bill, House Speaker Will Weatherford tweeted, “today is meet me halfway day.”
While critics argue the bill doesn’t go far enough and too many loopholes remain, Senator Jack Latvala, chairman of the Senate Ethics and Elections Committee, said the goal is transparency. He contends money in politics isn’t going anywhere, so the best the legislature can do is require disclosure.
The bill now awaits action by Governor Rick Scott.
April 25, 2013 •
Thursday News Roundup
Here are some great articles for today’s government relations news summary:
Lobbying
“The Shadow Lobbyist” opinion piece by Tom Edsall in The New York Times.
Georgia: “New ethics law’s Jan. 1 start creates uncertainty for lobbyists, legislators” by Aaron Gould Sheinin in the Atlanta Journal-Constitution.
North Carolina: “NC elections board supports investigation on sweepstakes cash” by Michael Biesecker and Mitch Weiss (Associated Press) in the News & Observer.
Campaign Finance
“Donor Gets Jail Time for Illegal Contributions” by Kent Cooper in Roll Call’s Political MoneyLine.
“Does Stephen Colbert’s Endorsement of His Sister Violate Election Laws?” by Megan Wiegand in Slate.
Florida: “Common Cause: campaign finance ‘reform’ bill is a ‘farce’” by Mary Ellen Klas in the Miami Herald.
Florida: “Legislators send campaign finance and ethics bills to governor” by Mary Ellen Klas in the Miami Herald.
Ethics
“’Hacking’ Open Financial Disclosure Data” by Scott Detrow in KQED Public Media.
Alabama: “Former state senator Lowell Barron indicted on campaign finance, ethics charges” by Kim Chandler in Alabama Live.
Colorado: “San Francisco Considers Ethics Reforms” by Ryan Parker in the Denver Post.
Illinois: “State Sen. Trotter pleads guilty to misdemeanor” by Jason Meisner in the Chicago Tribune.
Government Tech and Social Media
“Get Ready for Mobile Only” by Joseph Marks in Nextgov.
Redistricting
Alaska: “Redistricting Board asks Supreme Court to clarify ruling” by Richard Mauer in the Anchorage Daily News.
April 25, 2013 •
San Francisco Considers Ethics Reforms
Legislation would expand lobbying and squeeze exceptions
City Attorney Dennis Herrera and Board of Supervisors President David Chiu have introduced legislation to better regulate lobbying and campaign finance within the city. The ordinance would amend the Campaign and Governmental Conduct Code to expand the definition of lobbyist and require lobbyists to complete training online.
The lobbying exemption for contractors and their attorneys would be limited to in-house officers and employees. Outside consultants communicating with public officials regarding contract bidding and negotiating would be subject to the registration and reporting requirements of lobbying.
The ordinance would also require the Ethics Commission to publish a guide for campaign contributors regarding contribution regulations and reporting requirements.
The board may begin discussion of the legislation at the next meeting in May.
April 25, 2013 •
Montana Legislature Adjourns
63rd Session
The Montana Senate and the House both adjourned sine die on April 24, 2013, three days ahead of the Legislature’s scheduled adjournment date.
Governor Steve Bullock, who does not have a pocket veto, has 10 days upon delivery to sign, veto, or recommend amendments to bills.
The Legislature, which meets in regular session for 90 working days in every odd-numbered year, will have its next regular session in 2015.
Photo of the Montana State Capitol courtesy of Wikipedia.
April 25, 2013 •
Mississippi Lawmakers Return for Special Session
Medicaid reauthorization will not be addressed
Lawmakers will return to Jackson on Friday, April 26, for a special session.
The session will likely focus on economic incentives for an automobile manufacturer considering building a manufacturing plant in Clay County, but Governor Bryant would only say it relates to the state’s automobile corridor.
The state’s Medicaid reauthorization will be addressed in a separate special session.
April 24, 2013 •
Elizabeth Bartz is Raising Awareness about Women and Heart Disease
Go Red for Women on May 14!
Elizabeth Bartz, President and CEO of State and Federal Communications, is appearing in a public service announcement for the American Heart Association’s 10th Go Red for Women campaign. Here is the segment, which will be showing up on various radio stations in Northeast Ohio:
Ms. Bartz is also appearing in the April 2013 issue of Akron Life magazine. The publication is featuring a special supplement honoring the campaign.
State and Federal Communications is proud to be one of the sponsors of the Go Red for Women Luncheon at the Quaker Station in Akron on Tuesday, May 14, 2013. Call 330-664-1908 for tickets.
April 24, 2013 •
Wednesday Government Relations News
Here is our roundup of the latest articles on lobbying, campaign finance, ethics, and more!
Lobbying
“Lobbying World” in The Hill.
“Graham’s campaign collects bundle from lobbyists” by Michael Beckel in the Huffington Post (via The Center for Public Integrity).
Nevada: “Nevada advances lobbying cooling-off-period bills” by Matt Woolbright (Associated Press) in the Reno Gazette-Journal.
Campaign Finance
“Follow The Money Bill Proposed For More Transparency in Campaign Financing” in CQ Roll Call’s Political Moneyline.
“S.E.C. Gets Plea: Force Companies to Disclose Donations” by Nicholas Confessore in The New York Times.
Florida: “Senate finishes campaign finance bill, first piece of ethics compromise” by Mary Ellen Klas in the Miami Herald.
New York: “Skelos opposes Cuomo on abortion, campaign finance” by Yancey Roy in Newsday.
New York: “Bad Legal Arguments Can’t Stop Reform” by Lawrence Norden in the Brennan Center for Justice Blog.
South Carolina: “SC Senate advances a piece of ethics reform” by The Associated Press in WJCL News.
Ethics
California: “SF May Make Major Update to City Ethics Policies” by Nina Thorsen in KQED Public Media.
Connecticut: “Foley wants to revive ‘good government’ bill” by Ken Dixon in the Connecticut Post.
New York: “Parole Granted for Political Consultant in a Corruption Case” by Jesse McKinley in The New York Times.
April 24, 2013 •
Arkansas Ethics Amendment to be Decided by the Voters
Bill would ban corporate contributions and lobbyist gifts
Governor Mike Beebe has approved a proposed constitutional amendment to be placed on the November 4, 2014 general election ballot. House Joint Resolution 1009, the Arkansas Elected Officials Ethics, Transparency, and Financial Reform Amendment of 2014, passed both chambers shortly before the regular session recessed on April 24, 2013.
If affirmed by the voters, the constitutional amendment will ban corporate and union gifts to political campaigns, ban lobbyist gifts to legislative and executive officials, and provide 16 year term limits for legislators. The amendment would also increase the time between when a legislator leaves office and when a legislator is permitted to become a lobbyist from one year to two years.
The General Assembly is scheduled to reconvene on May 17, 2013 for a veto session before adjourning sine die.
April 24, 2013 •
Bonds Wins District of Columbia Special Election
Voters also vote to give district spending autonomy
Voters in the District of Columbia participated in a special election Tuesday and chose a familiar face. Anita Bonds held off five challengers to win the council seat she currently occupies. Bonds was chosen to temporarily hold the at-large seat after Phil Mendelson became the council chairman.
Bonds declared victory shortly after midnight and according to unofficial results collected 32 percent of the vote. Her closest competitor, Elissa Silverman garnered 28 percent of the vote.
Turnout was very low for the special election, which was the district’s second special election in the past three years. One voter said, “I didn’t know any of them. But I’m a Democrat. So I voted for – who was it? – Anita (Bonds).”
The voters also passed a ballot measure seeking to give the district autonomy over spending its tax dollars. The measure, which passed with more than 80 percent approval, would allow the district to spend its tax dollars without congressional approval.
The measure will become law unless the United States Congress passes a disapproval resolution and that resolution is also signed by President Obama. The measure is the latest in the long struggle for district citizens to break free from the leash of the federal government.
One voter said, “We can take care of ourselves.”
Photo of the John A. Wilson Building by Awiseman on Wikipedia.
April 24, 2013 •
Bi-Partisan Campaign Finance Bill Introduced in U.S. Senate
The Follow the Money Act of 2013
Leaders of corporations, unions, and other organizations responsible for independent political advertisements may have to be identified if a bill introduced in the U.S. Senate yesterday passes.
Senate Bill 791 was introduced jointly by Senators Ron Wyden (D-Ore.) and Lisa Murkowski (R-Alaska). The bi-partisan bill, called The Follow the Money Act of 2013, requires entities, regardless of tax status, to identity the funders of any political activity in which the entity engages.
An organization involved in political activity not regulated under the Federal Election Campaign Act will also be subject to a separate set of Internal Revenue Service penalties, including the possible loss of its federal tax exemption.
The Federal Election Commission will be required to replace quarterly reporting with a more frequent reporting schedule and will be required to disclose the information to the general public upon receipt.
Senator Wyden’s press release can be found here.
Video courtesy of Sen. Wyden’s YouTube channel.
April 23, 2013 •
Tuesday Lobbying and Campaign Finance News
Keep up with the latest government relations news with these articles:
Lobbying
“K Street’s bounce proves elusive” by Kevin Bogardus and Megan R. Wilson in The Hill.
“Chamber of Commerce Still Keeping Lobbyists Busy” by Kent Cooper in Roll Call.
“Religious Groups Throw Lobbying Cash at Immigration Reform” by Elizabeth Flock in U.S. News & World Report.
Montreal, Quebec: “City asked to investigate undeclared lobbying” by Monique Beaudin in the Montreal Gazette.
Pennsylvania: “Mensch: Improve Campaign Finance, Lobbyist Reporting” in the Lehigh Valley Patch.
Campaign Finance
New York: “Reform does work, New York” editorial piece by Denise Merrill, the Connecticut secretary of the state and Miles Rapoport, president of Demos and former Connecticut secretary of the state in the Albany Times Union.
Ethics
District of Columbia: “D.C. wraps audit of Gray campaign, doesn’t release findings” by Alan Blinder in the Washington Examiner.
New York: “NY governor replaces head of troubled ethics board with lawyer who represented Bernard Madoff” by The Associated Press in the Washington Post.
Procurement
Ohio: “Franklin County, Ohio, Builds Transparent Procurement System From Scratch” by Colin Wood in Government Technology.
Government Tech and Social Media
“Federal Web Visitors are Coming Via Mobile” by Joseph Marks in Nextgov.
April 23, 2013 •
Massachusetts Secretary of Commonwealth Clarifies Lobbyist Disclosure Requirement of Direct Business Associations
“All Direct Business Associations with Public Officials”
The Massachusetts Lobbyist Section of Secretary of the Commonwealth’s office has informed lobbyists it will reinterpret a reporting requirement in order to comply with a court order.
Initially, Secretary of State William Galvin’s office had asserted it had the authority to interpret “all direct business associations with public officials” under state law expansively and require lobbyists disclose the names of all officials with whom a lobbyist has communicated. In reaction, a lawsuit had been brought against the Secretary of State’s office by the ACLU, AirStrategies, the Associated Industries of Massachusetts, Citizens for Juvenile Justice, Common Cause, and the Conservation Law Foundation. A Superior Court Judge ruled against the secretary.
To comply with the court’s order, the secretary will now require disclosure of the names of public officials to whom a lobbyist has made a lobbying communication only if the lobbyist also has a direct business association with the public official. Following the court’s order, the secretary informed lobbyists this means a joint enterprise or transaction of a commercial or financial nature directly by or between the lobbyist and the public official.
The Lobbyist Section has rescinded all correction and rejection notices inconsistent with this interpretation of business association.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.