The New York City Campaign Finance Board scored a decisive court victory when a court ruled in favor of the city’s campaign finance laws. United States District Court Judge Laura Taylor Swain upheld the city’s provisions limiting the amount of public funds available to candidates who do not face meaningful competition.

This provision, dubbed the “sure winners” provisions by the Campaign Finance Board, was under attack in Ognibene v. Parkes, a suit filed in 2008. In a non-competitive race, the city is allowed to withhold public funds from a candidate. The candidate may appeal that decision, claiming they face a significant opposition based on a set of objective criteria.

Examples of the criteria used include the opponent’s endorsements and the media coverage of the opponent. The court did say that the city could not use the opponent’s financial activity as criteria for the appeals process, but overall it was a clear victory for the Campaign Finance Board.

Amy Loprest, executive director of the Campaign Finance Board, said “This victory allows the CFB to hold on to an important tool for maintaining public confidence in the city’s campaign finance program.”

Neither party has any intentions of appealing the District Court’s ruling, effectively ending the suit after nearly five years.

Photo of Manhattan courtesy of AngMoKio on Wikipedia.

Lobbying

“Social media emerge as players in state capitols” by Brad Cooper in the Kansas City Star.

Hawaii: “Has Hawaii Given Up On Lobbying Congress?” by Kery Murakami in Honolulu Civil Beat.

Campaign Finance

California: “Interactive graphic lets voters follow the money in mayor’s race” by David Zahniser, Maloy Moore and Anthony Pesce in the Los Angeles Times.

California: “California declines to update campaign data online” by Jusy Lin (Associated Press) in the Redding Record Searchlight.

New York: “Public campaign finance debate heats up in Albany” by Jon Campbell in the Journal News.

Ethics

“Tuesday Discussion on the FEC-The Day The Terms of All Commissioners Will Have Expired” by Kent Cooper in Roll Call’s Political Moneyline.

South Carolina: “Bid to reform state ethics draws fire” by Tim Smith in the Greenville News.

South Dakota: “South Dakota lawmakers don’t see conflict of interest problems in the Legislature” by David Montgomery in the Argus Leader.

Government Tech and Social Media

“Open Source Tech is Driving Big Changes in Government” by Joseph Marks and Mark Micheli in Nextgov.

“San Francisco Hires New Chief Information Officer” by Sarah Lai Stirland in TechPresident.

The Massachusetts Office of Campaign & Political Finance (OCPF) is holding a public hearing on May 8 concerning proposed updates to regulations regarding campaign finance disclosure.

The hearing will address revised provisions to the existing code and a new regulatory section “concerning the identification of funding sources for tax exempt and other organizations that raise funds to make contributions or independent expenditures”.

Additional OCPF proposals include addressing the use of a candidate’s legal defense fund, clarifying subvendor reporting requirements, and amending provisions concerning credit and debit card contributions. The draft regulations are available here.

Voters in the 53rd Assembly District will head to the polls June 11, 2013, to select a successor for Representative Bryan Hurlburt.

Rep. Hurlburt resigned his seat in mid-April to accept an appointment to the U.S. Department of Agriculture.

The Legislature adjourned Saturday, April 27, 2013, shortly after passing a bill to change lobbying regulations. Enrolled Act 1222 expands the definition of lobbying to include communications with any legislative employee and requires lobbyists to file registration statements and activity reports electronically.

The bill also increases the annual lobbyist registration fee from $100 to $200 and makes the lobbyist registration year match the current lobbyist reporting periods. Lobbyist registration statements issued for 2013 will expire November 1, 2013.

Most of the bill’s provisions will become effective July 1, 2013, following approval by the Governor.

Photo of the Indiana State House by Jasont82 on Wikipedia.

The Washington State Legislature adjourned Sunday night, but state lawmakers are not done meeting this year. For the fourth consecutive year, the Legislature has been unable to complete the state budget and will have to go into special session.

The Legislature was statutorily mandated to adjourn on Sunday, but it is allowed a 30-day special session to come to an agreement on the budget. Governor Jay Inslee said budget negotiators will remain in Olympia to continue work on the budget, while all other legislators will report back on May 13 for the special session.

While in special session, the Legislature may take up other issues and Governor Inslee would like the lawmakers to handle issues involving abortion, gun control, and immigration. However, with the budget being the major issue, these secondary issues may not be discussed.

In regards to the budget, Governor Inslee said, “The parties are not miles apart at the moment, they are light-years apart.”

Photo of the Interior of the Legislative Building by Cacophony on Wikipedia.

Governor Andrew Cuomo has made a bold move; a move he hopes will slow down the corruption emanating from New York City. Governor Cuomo has decided not to call a special election to replace Assemblyman Nelson Castro’s seat representing the Bronx. Instead, the election to replace Castro will take place during the regularly scheduled city elections this November.

Castro resigned from his state Assembly seat as part of a deal made with prosecutors investigating public corruption in the Bronx.

Cuomo decided against the special election as way to quell the corruption taking place the city. Had Cuomo scheduled a special election, the Democrats would have had free reign to choose the successor, because the Bronx Democratic leader, Carl Hestie, would have been the one picking the candidate for his party. In the open primary, scheduled for September 10, outsiders have a much better chance at securing the Democratic nod.

Cuomo said, “Having the election during the already scheduled New York City elections, instead of calling a special election, will ensure maximum participation from the constituents of the 86th Assembly District and be the most cost-effective for taxpayers.”

Photo of Governor Cuomo courtesy of Pat Arnow on Wikipedia.

Perhaps the most talked-about piece of legislation this session, Senate Bill 2 was passed unanimously by both houses of the Florida Legislature.

The final ethics bill:

• Prohibits members of the legislature from acting as lobbyists for compensation before an executive branch agency, agency official, or employee for two years after leaving office. The version passed by the House eliminated an original provision preventing legislators from becoming lobbyists or principals of lobbying firms lobbying the legislature;
• Provides for a fine of up to $5,000 for executive branch lobbyists who fail to disclose required material facts as required or knowingly provide false information;
• Allows the Commission on Ethics to investigate whether a lobbyist has made a prohibited expenditure if a complaint is filed; and
• Prohibits vendors from providing gifts to a reporting individual or procurement employee for vendors doing business with the reporting individual’s or procurement employee’s agency.

The ethics bill was a top priority of Senate President Don Gaetz. He called the bill his “proudest moment as a senator.” The bill was sent immediately to Governor Rick Scott, who has seven days to sign or veto the bill.

Federal:

FEC Denies Same-Sex Appeal

K Street’s Bounce Proves Elusive

From the States and Municipalities:

Alabama – Barron, Former Aide Indicted

Arkansas – Arkansas House Sends Ethics, Petition Rules to Voters

California – ‘Hacking’ Open Financial Disclosure Data

California – Many Private Interests Were Brown’s Fellow Travelers in China

Florida – Legislators Finish Rewrite of Ethics, Campaign Bill

Illinois – Emanuel Campaign Taking Donations from Hotel Developers with Projects in Works

Iowa – Affidavit Says Bachmann Approved Hidden Payments to Iowa Senator

New Jersey – Campaign Finance Overhaul by N.J. Senate Democrats Would Also Reform Pay-to-Play

North Carolina – Sweepstakes Donor’s Checks to NC Politicians Scrutinized

Texas – Campaign Accounts Help Texas Legislators Pay Staffers

Vermont – Former Lt. Gov. Dubie, RGA Agree to Settle Election Lawsuit with State

Washington – Donate to Sick Lawmakers? Limits Apply to Some Gifts

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.

News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.

Coultas has extensive background in federal affairs and government compliance. She previously worked as a government relations and public affairs professional for GolinHarris in Washington, D.C., where she lobbied on behalf of higher education and nonprofit clients, managed public affairs campaigns, and monitored legislation and regulation for high profile clients.

During her last semester of college at Kent State University, Coultas worked for Senator Mike DeWine. She went on to graduate cum laude, with a bachelor’s degree in Political Science and a minor in Pre-Law. After graduation she accepted a full-time position with the office of Senator DeWine. Two years later, Coultas left Capitol Hill for the private sector where she stayed with GolinHarris for eight years. She is a member of Public Affairs Council and American League of Lobbyists. In 2013, Coultas decided to return to her hometown of North Canton, Ohio with her husband in order to be close to family.

“Ms. Coultas’ addition to our team, coming from a world-wide PR firm, will greatly expand our marketing efforts and her experience in the federal government relations field is an asset hard to find in northeast Ohio,” said Elizabeth Z. Bartz, president and CEO.

State and Federal Communications, Inc. provides government compliance information and consulting to many of the Fortune 500 companies, to trade, labor, and professional associations, and to corporate and contract lobbyists in all 50 states. The firm’s in-house staff of attorneys is expert in state, federal, and municipal laws regarding lobbying, political contributions, and procurement lobbying. It provides accurate, comprehensive, and timely information through online and printed resources clients use to comply with laws in all 50 states, the federal government, and more than 125 municipalities.

Additionally, the company offers government affairs consulting services in which in-house attorneys work directly with clients to oversee government compliance reporting, and also provide information regarding ethics, gift laws, lobbyist registration and reporting, corporate political contributions, and government procurement lobbying.

This article is cross-posted from  the Akron Beacon Journal.

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”.

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.

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.

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.