February 16, 2012 •
Here Comes the Compliance Dream Team!
The Compliance Dream Team is coming to the PAC National Conference in Orlando, Florida at the Universal Portofino Bay Resort February 27 – March 1.
Amol Naik from Google, Elizabeth Bartz of State and Federal Communications, Ken Gross from Skadden Arps, and Michael Toner from Wiley Rein will be making up the Compliance Dream Team.
Bring your compliance concerns. This is your opportunity to unleash all those difficult questions regarding compliance issues.
Don’t miss the Public Affairs Council National PAC Conference. See you there!
February 16, 2012 •
Campaign Finance and Ethics in Thursday’s News!
Super PACs, a new charge against former Detroit Mayor Kwame Kilpatrick, Chicago takes first prize in corruption, and a group in Montana takes on that state’s political contribution restrictions:
“Super-PAC craze sweeps the nation” by Rachel Leven in The Hill.
“Feds Add Charge to Former Detroit Mayor Corruption Case” by The Associated Press on Governing.
“Chicago most corrupt city, report shows” by MJ Lee on Politico.
“Group fighting campaign finance laws in 3 courts ask federal judge to undo contribution limits” by Matt Gouras (Associated Press) in The Republic.
February 15, 2012 •
Ethics Rules Enhancements for Louisiana
Governor’s Proposals
Louisiana Governor Bobby Jindal has made legislative proposals to enhance the state’s ethic rules.
In advance of the start of the legislative session next month, the Governor has staked out the areas of Louisiana’s ethic system he believes need the most attention, including making the process of appealing late filing fees unambiguous.
Among his other proposals are making a clearer distinction between the duties and jurisdictions of the Ethics Adjudicatory Board and the Board of Ethics, granting the Board of Ethics some ability to appeal Ethics Adjudicatory Board decisions, and clearly articulating which board is being referenced when a statute merely refers to a ‘board’.
The proposals, included in a press release from the Governor, also include a call for the Ethics Board to suspend the one year dismissal rule in certain circumstances during an investigation of a possible ethics violation.
Photo of the Louisiana State Capitol by Bluepoint951 on Wikipedia.
February 15, 2012 •
Latest News in Ethics Oversight
Here is a look at what has appeared in the last few days from the state ethics commissions:
Arizona: “Ariz. lawmakers want elected officials to disclose use of public funds” by Howard Fischer in the East Valley Tribune.
Georgia: “Advocates push for ethics funding” by Charles Edwards on WABE News.
“Watchdog groups demand more money for ethics board” by in the Atlanta Journal-Constitution.
Maryland: “Maryland Ethics Panel Suggests Reducing Local Disclosure” by Brian Witte (Associated Press) on NBC Washington.
“Bill would require online disclosure” by Michael Dresser in the Baltimore Sun.
Minnesota: “Lobbying violations vex understaffed Minnesota regulator” by Brad Schrade in the Star Tribune.
North Carolina: “Dome: Few ethics complaints probed, report shows” by John Frank in The News & Observer.
February 15, 2012 •
Wisconsin Bill Targets Special Interest Organizations that Craft Bills for Legislators
Bill Requires Increased Disclosure for American Legislative Exchange Council (ALEC) Activities
Democratic legislators have submitted a bill for introduction that restricts the activity of special interest organizations that write bills for legislators.
The bill titled the ALEC Accountability Act applies existing lobbying laws to any organization or person who advocates for the introduction of model legislation. The bill also requires the reporting of any “scholarships” organizations pay to legislators and prohibits state taxpayer funds from being used to pay for attendance at the organization’s conventions.
The bill is currently awaiting a bill number and committee referral.
Photo of the Wisconsin State Capitol building by Darin ten Bruggencate onWikipedia.
February 14, 2012 •
Missouri Supreme Court Strikes Ethics Legislation
Only procurement provisions to remain
The state Supreme Court has struck down much of the 2010 ethics law passed by state lawmakers. Senate Bill 844 changed campaign finance laws, gave greater authority to the Missouri Ethics Commission, created new crimes for ethics violations, and required Capitol dome keys be given to all lawmakers.
The court said Tuesday the bill violated a requirement of the state Constitution that legislation not be amended to change its original purpose. The procurement portion will remain in effect because the Supreme Court concluded that was the original purpose of the legislation.
The decision upholds Circuit Judge Daniel Green’s ruling last spring.
February 14, 2012 •
Personal PAC Files Suit Challenging Illinois Contribution Limit
Injunction Allowing Unlimited Contributions Sought
Personal PAC, an abortion rights group, has filed a lawsuit seeking to strike down the limit on the amount of money given by donors to PACs.
Presently, the limit is set at $10,000 per election cycle.
Personal PAC is seeking an immediate and permanent injunction which would allow donors to make unlimited contributions to PACs.
February 14, 2012 •
Lobbying, Campaign Finance, and Ethics News
Here is today’s news roundup:
Lobbying
“Lobbyists sue Obama administration after being booted from boards” by Rachel Leven and Kevin Bogardus in The Hill.
Campaign Finance
Alaska: “House rejects last-minute Senate exemption of current politicians from campaign finance law” by Austin Baird (Associated Press) in The Republic.
“Super PACs echo parodies” by Kenneth Vogel in Politico.
“Bragging about bundling days over” by Anna Palmer in Politico.
Ethics
California: “California’s political watchdog panel eases its approach to ethics issues” by Patrick McGreevy in The Los Angeles Times.
Louisiana: “Gov. Bobby Jindal seeks adjustments in ethics rules” in the New Orleans Times-Picayune.
Government Transparency
“Iowa’s government websites score poorly, transparency group says” by Jason Clayworth in the Des Moines Register.
Happy Valentine’s Day!
February 13, 2012 •
Redistricting in the News
Here is a selection of redistricting news items from around the nation.
Arizona: “Arizona submits congressional map to US for review” by The Associated Press in the Arizona Capitol Times.
Colorado: “Political insiders in Colorado organized nonprofits to fund redistricting efforts” by Lois Beckett in the Denver Post.
Florida: “Redistricting maps will spur big changes in Central Florida” by Aaron Deslatte in The Orlando Sentinel.
Missouri: “Missouri Supreme Court to consider redistricting fight” by The Associated Press in The St. Louis Post-Dispatch.
New York: “Campaigns on hold awaiting remap” by Bob McCarthy in the Buffalo News.
Pennsylvania: “With Pa. redistricting plans up in the air, candidates use 2001 maps” by Jennifer Fitch in the The Herald-Mail.
Texas: “In Fight Over Redistricting Maps, Sometimes It’s Where They Play the Game” by Ross Ramsey in The New York Times.
Wyoming: “Wyoming redistricting expected to be contentious” by Joan Barron in the Casper Star-Tribune.
February 13, 2012 •
News You Can Use Digest – February 13, 2012
Here are highlights from the latest edition of News You Can Use:
Federal:
Ethics Reform Bill to Ban Insider Trading by Congress Members, Executive Branch by House
Obama Yields in Marshaling of Super PAC
From the States and Municipalities:
Arizona
Arizona Supreme Court Bars Candidate with Limited English
California
High-Speed Rail Tapped State Fund for Unusual Lobbying Contract
Connecticut
For Donovan, Lobbyist Bucks Seep Through Loophole
Georgia
With House Bill Stalled, Senator Targets Lobbyist Gifts
Michigan
Critics Worry Senate Ad Will Revive Asian-Bashing
Montana
Schweitzer Appoints Former Labor Leader to Head Political Ethics Office
Oklahoma
FBI Created Fake Company during Investigation of Oklahoma Legislature
Texas
New Rules Would Target ‘Bundlers’ Who Raise Big Sums for Austin Races
West Virginia
W.Va. Lawmakers Navigate Lobby Ban, Social Media
Wisconsin
Wisconsin GOP Leader Admits He’s Packing Heat in State Assembly
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.
February 10, 2012 •
Montana Case Upholding Corporate Ban on Independent Expenditures Appealed to US Supreme Court
Citizens United
A Montana Supreme Court’s decision upholding the state’s law prohibiting independent political expenditures by a corporation related to a candidate, in spite of Citizens United v. FEC, has been appealed to the US Supreme Court.
According to the SCOTUSblog, Justice Kennedy has called for a response from the state of Montana by 5 p.m. on Wednesday, February 15.
For a detailed explanation of the appeal, see Lyle Denniston’s article on SCOTUSblog at http://www.scotusblog.com/2012/02/new-citizens-united-sequel-2.
In December of last year, the Montana Supreme Court found Citizens United v. FEC did not compel invalidating the state’s 1912 Corrupt Practices Act.
In the Court’s majority opinion in Western Tradition Partnership, Inc. v. Attorney General of the State of Montana, the Court wrote, “The corporate power that can be exerted with unlimited political spending is still a vital interest to the people of Montana.”
The Court concluded the state, because of its history and the history of the Act, has a compelling interest to impose statutory restrictions, emphasizing the Citizens United decision allows restrictions to be upheld if the government demonstrates a sufficiently strong interest.
In making its argument, the decision asserts that a “material factual distinction between the present case and Citizens United is the extent of the regulatory burden imposed by the challenged law.” The Court found in contrast to the “complexity and ambiguity” of restrictions for federal PACs, PACs formed and maintained in the state are “easily implemented” by the filing of “simple and straight-forward forms or reports.”
Attorney James Bopp, Jr., counsel of record for the petitioner, argues for the US Supreme Court to summarily reverse the Montana decision, writing, “The lower court’s refusal to follow Citizens United is such an obvious, blatant disregard of its duty to follow this Court’s decisions that summary reversal is proper.”
February 10, 2012 •
Two Great Resources from NCSL
Don’t miss these opportunities from the National Conference of State Legislatures!
- Find out which state ethics commissions offer ethics training and what they are like in Natalie O’Donnell Wood’s brief, “Making the Most of Your Ethical Training” in the latest edition of LEGISBRIEF.
- NCSL is hosting this webinar: Putting Election Laws to the Test on Monday, February 13 at 2:00 PM ET.
Their site describes the session in this way: “This webinar will discuss the various election reforms being debated in legislatures, including whether to require citizens to show ID to register or to vote, whether to allow online and Election Day registrations, and how best to modernize aging voting machines.”
February 10, 2012 •
Wayne County Executive Releases New Executive Ethics Policy
Policy Addresses Lobbying, Gifts, and Conflicts of Interest
WAYNE COUNTY, MICHIGAN: County Executive Robert Ficano has issued a new executive ethics policy that contains lobbyist registration provisions, gift restrictions, and conflict of interest disclosure requirements for executive appointees.
The policy requires a lobbyist who lobbies any executive appointee to register with the State of Michigan and bars lobbyists not verified as registered from meeting with executive appointees.
Additionally, the policy prohibits lobbyists from providing executive appointees with food or beverage valued at more than $100 annually and prohibits all other monetary or non-monetary gifts or gratuities.
February 10, 2012 •
DISCLOSE Act Returns for 2012
Also Affects Lobbyist Reporting
U.S. Congressman Chris Van Hollen has introduced a campaign finance bill in the House called DISCLOSE 2012 Act.
Like the similarly entitled bill introduced and defeated in 2010, House Resolution 4010, the Disclosure of Information on Spending on Campaigns Leads to Open and Secure Elections Act of 2012, aims to increase the reporting requirements of political expenditures and contributions by corporations and other outside groups.
Corporations, unions, and other groups, will be required to report certain campaign-related activity to the Federal Election Commission (FEC), to disclose their campaign-related expenditures to their shareholders and members, and to make their political spending available to the public, through a hyper-link to the FEC, on their websites.
In his press release, Congressman Van Hollen states, “I urge my colleagues on both sides of the aisle to support this legislation – if you have nothing to hide, you have nothing to fear from the DISCLOSE 2012 Act.”
Additionally, the bill also requires lobbyists to disclose their political expenditures in their lobbying disclosure reports in conjunction with the report of their lobbying activities.
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.