National:

Small Super PACs Playing Outsize Role in Senate Races

National Journal – Scott Bland and Alex Roarty | Published: 2/3/2014

Small, state-based outside groups that are allowed to raise and spend unlimited amounts of money have proliferated in the early going of the 2014 midterm races and are threatening to have a bigger impact than those based in Washington, D.C., such as American Crossroads. These new groups are based in states where U.S. senators are battling for re-election, and dedicate themselves exclusively to that race.

Federal:

Campaign Websites in 2014 Aren’t Always What They Seem

Time Magazine – Denver Nicks | Published: 2/5/2014

A new Republican fundraising tactic reminiscent of telemarketing scams has some asking where the line is between clever campaigning and fraud. The GOP is raising money for congressional races by putting up websites that pretend to represent Democratic candidates and accept contributions that will go toward defeating the very same Democrats.

Law Doesn’t End Revolving Door on Capitol Hill

New York Times – Eric Lipton and Ben Protess | Published: 2/1/2014

Federal ethics rules are intended to limit lobbying by former senior officials within one year after they leave the government. Yet even after the ethics rules were revised in 2007 following a lobbying scandal, more than 1,650 congressional aides have registered to lobby within a year of leaving Capitol Hill, according to an analysis by The New York Times. At least half of those departing aides, the analysis shows, faced no restrictions at all.

From the States and Municipalities:

Alabama – Alabama Senate Disagrees to Agree? Partisan Fight Ends with Unanimous Vote for Tougher Ethics Bill

AL.com – Mike Cason | Published: 2/4/2014

The Alabama Senate passed legislation to tighten restrictions on former public officials who become lobbyists. Senate Bill 36 would prohibit state contractors from giving campaign contributions to state officials, and would expand the definition of lobbying, among other provisions. The bill now goes to the House.

Alabama – Resort’s Offer to Heroic Birmingham-Area Teachers Sparks Debate over Ethics

AL.com – Michelle Matthews | Published: 1/30/2014

David Clark, a condominium manager, wants to offer two-night condo stays to thank Birmingham-area teachers who stayed overnight with children who were stranded after a recent winter storm, but questions arose as to whether the giveaway would violate Alabama’s ethics law, which stipulates that teacher gifts must have a value of $25 or less, and that gifts may not exceed a total of $50 for a full calendar year.

California – Why Is It So Hard To Catch Illegal Campaign Contributions?

KPBS – Brad Racino | Published: 2/3/2014

Campaign fundraisers and strategists, as well as government employees and independent researchers, said the overwhelming number of donations that can pour into a campaign makes the process almost impossible to monitor. There is a lack of regulatory manpower needed to sift through myriad contributions to locate any abnormalities. So far, there have been more than 10,000 campaign contributions made during San Diego’s 2013 mayoral special election.

Florida – Convicted Sweetwater Mayor’s Lobbyist-Friend Gets 1-Year Sentence

Miami Herald – Jay Weaver | Published: 2/6/2014

Lobbyist Jorge Forte, a onetime chief of staff for former Sweetwater Mayor Manuel Maroño, was sentenced to one year in jail after pleading guilty to a fraud conspiracy and agreeing to cooperate with prosecutors. Maroño and Forte were arrested after an undercover FBI operation revealed they were pocketing thousands of dollars in kickbacks while seeking federal grants. Maroño, who did not cooperate in the investigation, was sentenced to 40 months in prison.

Hawaii – Critics Say Hawaii Political Money Hard to Trace

Columbus Republic; Associated Press –   | Published: 1/30/2014

Lobbyists in Hawaii are supposed disclose how much money they spend to influence lawmakers, but critics say the state disclosure system is among the weakest in the nation and prevents a timely and complete tally. Sen. Les Ihara introduced legislation to close loopholes that allowed more than 90 percent of nearly 200 registered lobbyists to report zero expenses over three reporting periods last year.

Louisiana – Louisiana Politicians Spent Millions on Meals, Golf, Tickets, Other Perks, Review Shows

New Orleans Times Picayune – Manuel Torres | Published: 1/30/2014

Running for office in Louisiana spawns campaign accounts that numerous officials are using to pay for meals and drinks, golf rounds and club dues, gifts to unnamed recipients, and other perks, reported The New Orleans Times Picayune. Critics say without stricter rules, campaign funds are being used as private expense accounts, turning contributions into little more than gifts to candidates.

Missouri – Dooley Suggested County Workers Donate 1% of Their Pay to Campaign, His Office Confirms

St. Louis Post-Dispatch – Kevin McDermott | Published: 2/4/2014

At an after-work meeting, St. Louis County Executive Charlie Dooley told some 50 county workers, all political appointees, that donating one percent of their salaries to his re-election campaign is traditionally what people in those jobs do in election years. KMOX reported that sources indicated no effort was made to tell employees that donating to the re-election effort was voluntary. The sources described the effect of the speech as “intimidating” with the audience caught in moments of awkward silence.

Nevada – An Awkward Position for Nevada’s Ethics Commission Director

Reno Gazette Journal – Anjeanette Damon | Published: 2/1/2014

Nevada Ethics Commission Executive Director Caren Cafferata-Jenkins is running a for Washoe Family Court judge. From the outside, it looks like an awkward position to be in; one of the state’s few public ethics watchdogs is jumping into the political game herself. Cafferata-Jenkins said she cannot afford to give up her job to run for office. “How can we expect good candidates to be unemployed for 10 months in order to have a chance at public office?” said Cafferata-Jenkins.

Oregon – Trader Joe’s Developer Hosts Event at El Gaucho; PDC Executive Director Attends

Portland Oregonian – Brad Schmidt | Published: 2/3/2014

Before Portland’s urban renewal agency approved a deal to develop a Trader Joe’s in the city, Development Commission Executive Director Patrick Quinton attended an event sponsored by a company the city later engaged to purchase the property for the store. Quinton did not disclose the food or drink he consumed. Portland’s lobbying regulations for top executives and elected officials require the disclosure of food, gifts, or entertainment worth more than $25 by someone lobbying the city.

Vermont – Drafting Error Opens Campaign Finance Law Up to Amendment

Bennington Banner – Anne Galloway (VTDigger.com) | Published: 2/6/2014

Vermont Gov. Peter Shumlin signed a campaign finance reform bill into law on January 23. But there was a drafting error – the effective dates were incorrect – and the House Government Operations must address the problem with a technical corrections bill that will be up for action in the coming days. Rep. Cynthia Browning wants to use this opportunity to propose an amendment that would reinstate lower donation and contribution limits in line with the original bills passed by the House and Senate.

Virginia – At Executive Mansion, McAuliffe Puts Out the Welcome Mat

Washington Post – Laura Vozzella | Published: 2/5/2014

In need of Republican friends to get his agenda through a divided Virginia General Assembly, Gov. Terry McAuliffe has restocked the executive mansion bar and thrown open the doors for nightly receptions. McAuliffe’s open invitation is part of a broader effort to win over Republicans who knew the former Democratic National Committee chairperson only through attack ads and media accounts.

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.

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On February 6, the Federal Election Commission (FEC) published its Price Index Adjustments for Expenditure Limitations and Lobbyist Bundling Disclosure Threshold in the Federal Register. The lobbyist bundling disclosure threshold has increased to $17,300 for 2014 from $17,100 in 2013. This threshold amount is adjusted annually.

Federal law requires authorized committees of federal candidates, leadership PACs, and political party committees to disclose contributions bundled by lobbyists and lobbyists’ PACs.

A state bill regarding revolving door restrictions passed the House Business and Industry Committee and is now in the House Judiciary Committee for hearings.

House Bill 82 prohibits former statewide elected officials, public regulation commissioners, legislators, and cabinet secretaries from accepting compensation as lobbyists for a period of two years after leaving public service.

The bill also prohibits employers of lobbyists from hiring the former public officials before the end of the two-year period.

A new bill introduced in the U.S. House of Representatives would create voluntary publicly financed House elections in order to “encourage members of Congress to rely on small donor fundraising and still remain competitive in marquee races,” according a press release by Rep. John Sarbanes.

On Wednesday, February 5, Sarbanes and Rep. Nancy Pelosi introduced the Government by the People Act. With the inclusion of Rep. Walter Jones, the one Republican among the other 128 cosponsors, the bill is technically bipartisan. Matching public funds would be provided to House candidates in varying amounts depending on the size and timing of the original contributions. The bill would also create a refundable $25 tax credit, called the My Voice Tax Credit, for individuals to use for contributions.

The bill does not affect Senate elections.

The Harper government introduced the Fair Elections Act to amend the Canada Elections Act on Tuesday, February 4.

Bill C-23 will increase contribution limits to political parties from $1,200 to $1,500, increase penalties to $100,000 for intentional violations by corporations, and will shift decision-making powers regarding investigations from the Chief Electoral Officer to an independent panel.

The Board of Supervisors voted Tuesday, February 4, to pursue outsourcing the enforcement of political ethics to the state’s Fair Political Practices Commission (FPPC). Officials will ask the state Legislature to authorize the FPPC to enforce county ethics ordinances.

The unanimous vote was in response to a 2013 grand jury report titled, “A Call for Ethical Standards: Corruption in Orange County.”

Supporters of the approach cite San Bernardino County, which recently contracted with the FPPC to audit county campaigns and to prosecute ethics violations. The grand jury’s proposal would also give an independent authority the power to recommend ordinance changes concerning conflicts of interest, gifts, contract procurement, campaign finance, and lobbying.

Due to severe winter weather the Massachusetts House of Representatives and Senate will be closed on Wednesday, February 5. Both the House and Senate will resume normal business hours on Thursday, February 6, 2014.

New Hampshire Gov. Maggie Hassan’s State of the State speech, originally scheduled for Wednesday, February 5, has been postponed until Thursday afternoon due to the area’s frigid snowstorm. The House of Representatives will also not meet today because of the winter weather. According to NHPR, Senate committee hearings scheduled for Wednesday morning will proceed. Hassan’s speech has been rescheduled for 2 p.m. on Thursday, February 6.

The Rhode Island House of Representatives and Senate have cancelled scheduled floor sessions and committee hearings for Wednesday, February 5, due to the winter snowstorm. A scheduled 3 p.m. news conference concerning legislation dealing with the Department of Health certificate of need process has been postponed to 3 p.m. Thursday, February 6.

Lt. Gov. Mark Darr has made his resignation official three weeks after saying he would step down over ethics violations concerning his campaign and office spending.

Legislative leaders are pushing to change state election law in order to keep Darr’s office vacant for the rest of the year rather than hold a special election.

Currently, state law requires the governor to call a special election within 150 days of declaring Darr’s office vacant, but lawmakers from both parties would prefer to keep the office unfilled since the general election will be held November 4, 2014.

Former Quebec premier, Jean Charest, is accused of accepting $3,000 from a lobbyist while in office. The payment occurred just days before the 2008 general election and was given by a senior executive at a windmill manufacturing company.

Charest denies the allegation, according to current premier Phillipe Couillard. The allegation stems from the testimony of Louis-Pierre Lafortune, who was an investor in the same windmill manufacturing company.

The lobbyist who allegedly delivered the check to Charest has not been identified. The windmill company went bankrupt in 2010.

State and Federal Communications is excited to be attending the 2014 National Grassroots Conference this week. Elizabeth Bartz, president and CEO of the company, and a team of four of the staff, have headed to Miami Beach to participate in the program.

We  believe in the great value of this gathering and so we are proud to be the sponsor of the Conference Wi-Fi.

You can follow the conversations from the conference on Twitter @PACouncil #GRC14.

On November 19, 2013, a special election was held to replace former mayor Bob Filner, who submitted his resignation amid scandal. Because no candidate received more than 50 percent of the vote, a runoff election is scheduled for February 11, 2014.

Individuals may contribute up to $1,000 to the mayoral candidates for the runoff election. Contributions from committees and corporations are not permitted in city elections.

Seal of San Diego courtesy of Zscout370 on Wikimedia Commons.

On January 15 the United States Court of Appeals for the Tenth Circuit declared certain Colorado campaign contribution limits unconstitutional. State law requires major party candidates to appear on a primary ballot even if they are running unopposed; they are then permitted to accept contributions up to the statutory limit for each of the primary and general elections. Similarly, minor party or write-in candidates who appear on the primary election ballot may accept contributions for both the primary and general elections.

Unaffiliated, minor party, or write-in candidates who do not appear on a primary election ballot, however, may only accept contributions for the general election.

Under the recent ruling, contribution limits based on statutory classification violate the right to equal protection for individuals wishing to contribute to write-ins, unaffiliated candidates, and minor party candidates when each candidate runs unopposed for the nomination.

The Secretary of State has not yet addressed the court ruling or made any new changes to existing contribution limits.