The Federal Election Commission (FEC) released its package of legislative recommendations this week. All eight recommendations were unanimously approved by the commission with the hope Congress will implement the changes.

Some of the changes proposed include requiring electronic filing of electioneering communications reports, making permanent the Administrative Fine Program for the delinquent filing of reports, and increasing and expanding the prohibitions on fraudulent misrepresentation of campaign authority.

Noting other federal and state agencies receive “donated services and products for information technology projects,” the FEC would also like Congress to authorize the commission to have the ability to accept such gifts for use in continuing “its efforts to facilitate transparency in the federal campaign finance system through a state-of-the-art, web-based public disclosure system.”

The Board of Supervisors unanimously approved revisions to the campaign finance reform ordinance. The changes were requested by the state Fair Political Practices Commission (FPPC), which enforces the county ordinance. Under the revised ordinance, contributions may be received for a general election before the primary has taken place, so long as the funds are set aside until after the primary.

The term “independent expenditure committee” will be removed from a section pertaining to electronic filing requirements for contributions of $10,000 or more and will be replaced with the more inclusive “other person, entity, or committee.”

The board also authorized new language in the ordinance giving the FPPC permission to give technical assistance to donors in the same manner it advises candidates.

The revisions are scheduled for final adoption on February 11, 2014.

National:

Bob and Maureen McDonnell Join the Club: Political spouses facing scandal

Washington Post – Krissah Thompson and Richard Leiby | Published: 1/28/2014

The latest scandal on the political scene is the indictment of former Virginia Gov. Robert McDonnell and his wife, charged with trading on his office to provide assistance to a local businessperson in exchange for gifts and loans. Do such charges harden the resolve of political couples, who by definition are accustomed to facing adversaries, or does it tear the relationship apart?

Federal:

After ‘I’ll Break You in Half,’ House Member Apologizes

New York Times – Sarah Wheaton and Marc Santora | Published: 1/29/2014

U.S. Rep. Michael Grimm (R-N.Y.) apologized after he physically threatened a reporter in the Capitol after President Barack Obama’s State of the Union address. In a video of the incident, Grimm can be heard telling Michael Scotto, a reporter for NY1, “I’ll break you in half.” Moments earlier, Grimm had walked away from an interview when Scotto began asking him questions about allegations of campaign finance violations. According to a transcript, Grimm also threatened to throw Scotto off a balcony.

How Lawmakers Skirt the Law to Keep Their Next Jobs Secret

National Journal – Billy House | Published: 1/21/2014

Critics say a law designed to prevent conflicts-of-interest and shed light on lawmakers who negotiate for post-Capitol Hill work while still in office has failed, worn thin by a series of administrative rulings and narrow interpretations. Because the law has yielded almost none of the public information it was designed to provide, it remains largely unknown whom lawmakers negotiate with, and whether their official duties present any conflicts with those employers.

From the States and Municipalities:

Colorado – Federal Court Overturns State Political-Funds Law

San Francisco Chronicle; Associated Press –   | Published: 1/24/2014

The 10th U.S. Circuit Court of Appeals ruled a Colorado law imposing disparate campaign contribution limits for major-party vs. minor-party, unaffiliated, or write-in candidates violates the U.S. Constitution. The law allows Republicans and Democrats to collect an extra $200 per donor because they sometimes have intra-party primaries. But the law allows them to spend all their money on the general election if they wish. The court said that discriminates against donors to minor-party candidates.

Connecticut – Legislators Again Look to Lobbyists for Money

Hartford Courant – Jon Lender | Published: 1/28/2014

Connecticut lawmakers are soliciting campaign donations from lobbyists before the legislative session begins, when it becomes illegal for lobbyists to contribute for the duration of the session. This year, the lawyer for the Association of Connecticut Lobbyists is advising members of the group to refuse the legislators’ appeals in one lucrative area: buying advertisements for up to $250 each in so-called ad books that are printed for lawmakers’ fundraising receptions and used as programs for each event.

Georgia

Staffing Situation Worsens at Georgia’s Ethics Commission with resignation of Lead Assistant

Columbus Republic – Christina Cassidy (Associated Press) | Published: 1/27/2014

Lisa Dentler, the lead assistant to Georgia ethics commission Executive Secretary Holly LaBerge, has resigned and the agency’s staff attorney remains on administrative leave. LaBerge wrote in an email to commissioners that the departure “leaves the agency in a dire situation as she has been doing the work of two positions.” LaBerge has said six employees have either quit or been fired since she took over in September 2011.

Idaho – Why It’s Tough to Track What Lobbyists Give to Idaho Lawmakers

KBSU – Emilie Ritter Saunders | Published: 1/30/2014

Lobbyists in Idaho have spent more than $1 million over the last two years advocating for their clients at the Legislature. The law requires lobbyists to report the recipient of their generosity only when the value of the gift is more than $105. Even with that glimmer of disclosure, it is hard to find out which lawmaker accepted a gift above the threshold because Idaho does not have a searchable electronic database.

Louisiana – Nagin’s Trial a Coda to an Odd Political Career

Baton Rouge Advocate – Gordon Russell | Published: 1/26/2014

Former New Orleans Mayor Ray Nagin is now on trial, facing charges he accepted bribes and free trips among other things from contractors in exchange for helping them secure millions of dollars in city work. The charges are the product of a City Hall corruption investigation that already has resulted in several convictions or guilty pleas by former associates of Nagin.

Massachusetts – Court to Hear Supermarket Politics Challenge

Boston Globe – Denise Lavoie (Associated Press) | Published: 1/26/2014

For decades, supermarkets have been a favorite place for candidates in Massachusetts to shake hands, collect signatures, and offer a quick rundown of their views on the issues of the day. But not all supermarket chains are in favor of the tradition. The state’s highest court is being asked to decide whether a supermarket’s decision to turn away a political candidate violated his constitutional rights.

Michigan – Ethics Proposal Nixed in Warren

Macomb Daily – Norb Franz | Published: 1/28/2014

The Warren City Council rejected a proposed ethics law that would prohibit fraternization, including intimate relationships, between city bosses and subordinates. The nearly year-old measure was revived in the wake of clandestine video that surfaced of Mayor James Fouts with mayoral assistant Amanda Mika, including images of the duo holding hands. The video has triggered a firestorm because the mayor granted Mika a $5,000 pay raise in December.

Montana – Political Practices Commissioner Accused of Using Questionable Tactics to Get Results

Billings Gazette – Mike Dennison | Published: 1/26/2014

The aggressive stance of Montana’s commissioner of political practices, Jonathan Motl, against what he sees as illegal campaign activity by so-called dark money groups and their favored candidates is raising eyebrows among supporters and critics alike, the latter of whom are calling Motl everything from a “partisan hack” to a misguided crusader on a “witch hunt.”

Nevada – Lawmakers Have to Declare Gifts But Aren’t Willing to Define Them

Las Vegas Sun – Andrew Doughmsn | Published: 1/26/2014

A few elected officials in Nevada who accepted gifts sometimes worth thousands of dollars declined to report them as required by state law. They dispute whether they legally need to file disclosers, in part because there is no explicit definition of a “gift” in state law. Secretary of State Ross Miller said there are likely numerous elected officials who are receiving reportable gifts and not listing them on disclosure forms. But “there’s no way for us to know” for sure, said Miller.

New York – Donor Secrecy Remains Big Issue

Albany Times Union – Rick Karlin | Published: 1/28/2014

The Joint Commission on Public Ethics declined to shield the financial reports of four advocacy groups that say public disclosure of their financial backers is likely to result in threats or even harm. The commission requires reports from state lobbyists, though it can withhold records of contributors to lobbying groups that show their donors would likely face danger if reported.

Pennsylvania – City Council Mulls Ban on Cash Gifts to Phila. Officials

Philadelphia Inquirer – Claudia Vargas | Published: 1/30/2014

A bill introduced in the Philadelphia City Council would ban all city employees and officials from receiving cash gifts. The proposed ordinance would also cap the total value of gifts received in a calendar year at $99. The bill is a result of discussions among various ethics officials and outside watchdog groups over how to interpret a vague section in the city code that deals with gifts.

Texas – Life Story of Wendy Davis Swings from Strength to Flash Point in Texas Campaign

New York Times – Manny Fernandez and Laurie Goodstein | Published: 1/29/2014

Since questions were raided about whether she had fudged some items in her biography, Texas Sen. Wendy Davis, who is running for governor, has been under attack for omitting the fact that her second husband helped pay for her Harvard Law School education and her two children mostly stayed in Texas while she was there. The controversy has prompted a debate over culturally charged questions about a woman’s balance of work, ambition, and parenthood.

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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Lobbying

“Obama should praise lobbyists more, lobbyists say” by Zachary Roth in MSNBC.

“Lobbying falls for third year in a row” by Kevin Bogardus in The Hill.

Arizona: “Senator tries again to ban tickets from lobbyists” by Hank Stephenson and Ben Giles in the Arizona Capitol Times.

Campaign Finance

“Campaign finance: Parties gear up for 2014” by Byron Tau in Politico.

“Convention wipeout coming?” by Molly K. Hooper in The Hill.

Arkansas: “Report: Ark. Lt. Gov. cited ‘carelessness’ in campaign, office spending to ethics staff” by The Associated Press in The Republic.

Arkansas: “Panel favors allowing fundraising for federal office during session” by John Lyon in the Arkansas News.

Ethics

New Jersey: “Lawyer with ties to Christie named to top spot on state Ethics Commission” by The Associated Press in the Press of Atlantic City.

Elections

Arkansas: “Beebe supports proposal to avoid special election for lieutenant governor” by John Lyon in the Arkansas News.

Government Tech and Social Media

“How the 2014 State of the Union Took Over Social Media” by Billy Mitchell in In the Capital.

The Joint Commission on Public Ethics (JCOPE) rejected a request made by several activist groups to grant an exemption from the donor disclosure requirement provided by New York law. Under the ethics law, a registered lobbyist, under certain circumstances, must report the names of each source of funding over $5,000 from a single source used to fund the lobbying activity reported and the amounts received from each identified source.

Under the same law, the JCOPE can grant an exemption to the donor disclosure requirement if that disclosure would put contributors at risk. The party requesting the exemption must demonstrate that the disclosure of their donors would cause harm, threats, harassment, or reprisals.

The JCOPE denied the exemption requested by Family Planning Advocates, the New York Women’s Equality Coalition, New Yorkers for Constitutional Freedoms and the New York Civil Liberties Union. The groups can appeal the decision to an independent judicial hearing officer within 15 days of the JCOPE’s written ruling, which has not yet been completed.

At the same meeting, the commission also limited one exemption that it had already granted to NARAL Pro-Choice NY by scheduling the donor disclosure exemption to expire with the group’s next filing.

The Legislature is not meeting this week because of the winter storm in the Carolinas. Most legislative meetings are also canceled.

Gov. Nikki Haley declared a state of emergency on Tuesday, January 28, as light sleet began falling on the state capital.

The Legislature will resume its normal schedule next week on Tuesday, February 4.

Lobbying

“Lobbying World” in The Hill.

“K Street wants less bashing of lobbyists” by Kevin Bogardus in The Hill.

“Lobbyist trades K Street for MLB” by Kevin Bogardus in The Hill.

New York: “Ethics panel: Some groups can keep donors secret” by Michael Gormley in Newsday.

Campaign Finance

California: “San Bernardino County to revise its campaign finance reform ordinance” by Joe Nelson in the Daily Bulletin.

California: “Lobbyist accused in campaign finance scandal has bond approved, could be released” by Steve Fiorina in ABC 10 San Diego News.

Connecticut: “Legislators Again Look To Lobbyists For Money” by Jon Lender in The Hartford Courant.

Ethics

California: “State Sen. Roderick Wright found guilty of perjury, voter fraud” by Jean Merl in the Los Angeles Times.

Virginia: “Attorneys for former Va. governor McDonnell and his wife seek clarification of court order” by Matt Zapotosky in The Washington Post.

From the State Legislatures

“Alabama House goes home, Senate convenes” by Brian Lyman in the Montgomery Advertiser.

Ohio: “First-term Ohio House lawmakers finding their way” by Will Drabold in The Columbus Dispatch.

Due to inclement weather, Governor Bentley has re-scheduled the special general election for House District 104 in Mobile and the special primary run-off elections for House District 31 covering Elmore and Coosa counties and House District 53 in Birmingham, all scheduled to take place Tuesday, January 28, 2014.

The elections will now be held on February 4, 2014.

Lobbying

“K Street getting a big boost” by Kevin Bogardus and Erik Wasson in The Hill.

“Business eyes debt limit without fear” by Kevin Bogardus in The Hill.

Alabama: “Birmingham powerbrokers spending less on lobbying” by Anna McFall in the Birmingham Business Journal.

Arizona: “Arizona Lobbyist Gets Community Service, Probation” by Brian Skoloff (Associated Press) on ABC News.

Missouri: “Lawmakers question Normandy School District’s hiring of lobbyists” by Elisa Crouch in the St. Louis Post-Dispatch.

Campaign Finance

“Places with the Highest Rates of Political Giving” by Sreekar Jasthee in Nerd Wallet.

California: “Dumanis won’t return more donations” by Trent Seibert and Joel Hoffmann in the San Diego Union-Tribune.

Texas: “Small donations add up for Texas politicians” by Anna M. Tinsley in the Star-Telegram.

Ethics

Alaska: “Fairbanks Mayor Eberhart attorney says APOC treating candidates differently” by Sam Friedman in the Fairbanks Daily News-Miner.

California: “Ethics panel briefed by independent counsel on Sen. Ronald S. Calderon” by Patrick McGreevy in the Los Angeles Times.

California: “Mayoral Candidates Met with Man Charged in Campaign Finance Scandal” by Candice Nguyen and Wendy Fry in NBC 7 San Diego News.

Georgia: “Staffing situation worsens at GA ethics commission” by Christina A. Cassidy (Associated Press) in the San Francisco Chronicle.

Rhode Island: “RI House Speaker Fox fined $1,500 for violating ethics filing rules” by Tom Mooney in the Providence Journal.

Lobbying

“Lobbyist Spending Scaled Back 12 Percent In 2013” by Eric Brown in International Business Times.

“Lobbyists Take a Financial Hit With Do-Nothing Congress” by Eric Pianin in the Financial Times.

“Lobby firms sweep up new clients” by Megan R. Wilson in The Hill.

“The revolving door between Congress and K Street is moving faster than ever” by Chris Cilizza in The Washington Post.

Canada: “Strahl quits as federal spy watchdog, calls lobbying allegations ‘spurious’” by Jim Bronskill in the Global Post.

Kansas: “Washington Senate Bill Prohibits Political Contributions While Legislature is Out of Session” by Ben Unglesbee in the Lawrence Journal-World.

Minnesota: “New coalition lobbying for more transportation dollars” by Mike Rose in Finance & Commerce.

Campaign Finance

California: “Lobbyist Accused in Campaign Finance Scandal to Appear in Court” by Candice Nguyen and R. Stickney in NBC 7 San Diego News.

California: “Roundtable: Campaign Finance Scandal, PACs In Mayor’s Race, Draining Lake Morena” by Pat Finn and Alison St John on KPBS Public Broadcasting.

Colorado: “10th Circuit Overturns Disparate Contribution Limits in Colorado Campaign Law” by Matt Arnold in the Examiner.

Missouri: “Missouri wide open on political throttle; campaign finance, lobbying reforms build momentum in Jefferson City” by Eli Yokley in The Joplin Globe.

Montana: “Commissioner calls to remove state rep from office for campaign violations; files more complaints” by Mike Dennison in the Billings Gazette.

Nevada: “Secretary of state candidates urge tougher laws addressing gifts to officials” by Andrew Doughman in the Las Vegas Sun.

New York: “Dinesh D’Souza indicted on charges of violating election law” by Sarah Pulliam Bailey in The Washington Post.

New York: “Look up who is giving money to Gov. Andrew Cuomo’s campaign war chest and how he is spending it” by Steve Billmeyer in The Post-Standard.

Utah: “Utah lawmakers rake in cash before Legislature begins” by Robert Gehrke in The Salt Lake Tribune.

Ethics

“It Only Seems That Political Corruption Is Rampant” by Michael Wines in The New York Times.

Alabama: “Courtland woman appointed to state ethics commission” on WAAY TV News.

Florida: “Fresen’s case before Ethics Commission” in the Florida Current.

Kentucky: “Senate bill would give subpoena power to county gov’t” on WHAS 11 News.

Massachusetts: “State House Ethics Committee given power to take witnesses into custody, laying groundwork for possible expulsion of Rep. Carlos Henriquez” by Matt Murphy in MassLive.com.

New York: “Good-government group calls JCOPE a ʹblack boxʹ” by Jimmy Vielkind in Capital New York.

Virginia: “McDonnells plead not guilty to corruption charges” by Jim Nolan and Olympia Meola in the Richmond Times-Dispatch.

From the State Legislatures

California: “Number of women dropping in California Legislature” by Don Thompson in the Orange County Register.

Iowa: “Does Iowa have too few lawyers in Legislature?” by Jason Noble in the Des Moines Register.

Michigan: “Committee to ʹrestore Michigan’s part-time Legislatureʹ submits proposed ballot language” by Jonathan Oosting in Michigan Live.

Missouri: “Mo. lawmakers to begin floor debate this week” by The Associated Press in the News Tribune.

Ohio: “State constitution panel has ʹhobbling startʹ” by Jim Siegel in the Columbus Dispatch.

Redistricting

Arizona: “GOP effort to void Independent Redistricting Commission continues” by Howard Fischer in the Arizona Daily Star.

Government Tech and Social Media

“Agencies ‘open the door’ to innovative uses of social media” by Shefali Kapadia in Federal News Radio.

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Senate Bill 6414, introduced this week by a group of Washington senators led by Senator Joe Fain, requires all reports to be filed electronically. The bill contains several other strictures, including requiring the Public Disclosure Commission to make all filings available on its website, mandating each lobbyist or lobbyist’s employer sharing in an expenditure greater than $25 to report the specific dollar amount of his or her share, and requiring all lobbyist filings to include an itemized list of all payments made to a state official, regardless of dollar amount.

Another section of the bill implores the Ethics Board to define the limits of “infrequent occasions” in the context of the acceptance of gifts of food and beverages by public officials from lobbyists. This section of the bill comes after a widely-read report showing the state’s 50 most active lobbyists pampered legislators with meals totaling more than $65,000 over a four-month period.

A final section of the bill allows lobbyists to avoid reporting expenses for a legislator’s food at a meeting with the lobbyist if such expenses were paid by the legislator.

Photo of the interior of the Washington State Capitol courtesy of Eric Hunt on Wikimedia Commons.

Senate Bill 5988, introduced January 13, 2014, would prohibit state officials from soliciting or accepting political contributions in odd-numbered years when the legislature is out of session but has not adopted or submitted to the governor a biennial operating appropriations act.

The bill would further prohibit the governor or any person employed by the governor from soliciting or accepting contributions during the period provided for the consideration of bills under the Washington constitution.

Photo of the Washington State Senate Chamber courtesy of Lincolnite on Wikimedia Commons.

Vermont has passed comprehensive campaign finance reform early in the second year of its biennial session. Senate Bill 82, signed by Governor Peter Shumlin on January 23, repealed Vermont’s existing campaign finance law and enacted a new framework in its place. The most notable provision of the bill is new campaign finance limits. The new limits, effective January 1, 2015 are as follows:

• Candidates for the office of state representative: $1,000 per election cycle from a single source or political committee;
• Candidates for the office of state senator: $1,500 per election cycle from a single source or political committee;
• Candidates for the offices of governor, lieutenant governor, secretary of state, state treasurer, auditor of accounts, or attorney general: $4,000 per election cycle from a single source or political committee;
• Candidates for candidates for local office: $1,000 per election cycle from a single source or political committee;
• Candidates for county office: $1,500 per election cycle from a single source or political committee;
• Contributions to a political committee: $4,000 per election cycle from a single source, political committee, or political party; and
• Contributions to political parties: $10,000 per election cycle from a single source, political committee, or political party.

Critics of the bill noted the high limit on contributions to political parties, notable because political parties may give unlimited contributions to candidates under the new framework. The bill also included an aggregate election cycle limit of $40,000 from a single source to take effect January 1, 2015, unless the U.S. Supreme Court holds such limits unconstitutional when it delivers its decision in McCutcheon v. Federal Election Commission.

Gov. Scott Walker issued Executive Order 129, requiring the Legislature to convene a special session to act on legislation regarding the governor’s new “Blueprint for Prosperity.”

Walker’s plan aims to lower income taxes, property taxes, and state withholding income taxes, while investing part of a $911 million surplus in technical colleges.

Walker has already ordered the Department of Revenue to update the income tax withholding and increase workers’ paychecks starting in April.