The Alaska Public Offices Commission has issued an opinion allowing a new independent group, Alaska Deserves Better (ADB), to raise and spend unlimited amounts of money in this year’s elections. Although the commission’s director said the advisory opinion is specific to ADB and the way it plans to operate, the decision seems to be relevant for other independent committees.

Under current state law, groups such as ADB may receive, each year, contributions of no more than $500 from an individual and $1,000 from a different group. Additionally, groups may not receive contributions from an individual who is not a resident of the state, or from a foreign national.

With the exception of the foreign national restriction, the opinion acknowledges laws prohibiting independent expenditures by corporations and labor unions are likely unconstitutional in light of the U.S. Supreme Court’s Citizens United decision in 2010. As a result, ADB, an independent expenditure group, can obtain contributions in unlimited amounts, with no restriction on the amounts or sources.

The commission acknowledges that without a ruling from a court or a change in legislation, there will not be clarity in the state’s campaign contribution law.

Elizabeth Bartz, President and CEO of State and Federal Communications, was recently the master of ceremonies for a parish banquet recognizing the achievements of the church’s recent graduates. The event was held on Sunday, June 10, 2012 at Annunciation Greek Orthodox Church in Akron, Ohio.

The keynote speaker for the banquet was Dr. Lester Lefton, President of Kent State University.

The secretary of the commonwealth’s office launched a new online lobbyist disclosure system Monday, June 11, 2012. The new system, available here, replaces the previous online filing system.

Lobbyists will use the account they created for the new registration system last month to access the online disclosure system. The new system allows lobbyists to sign their disclosure form electronically, and does not require a hard-copy signature follow-up.

The secretary of the commonwealth’s office strongly encourages lobbyists to file their disclosure statements electronically rather than mailing a hard copy.

National:

Poll: Sharp increase in partisan divides among Americans

Federal:

Lobbyists Ask Congress for a Mandate on Ethics

From the States and Municipalities:

Arkansas

Democratic, Republican Leaders Back Ethics Initiative

California

State’s Top 100 Political Donors Contribute $1.25 Billion

Delaware

Delaware Lawmakers Approve Campaign Finance Revisions

District of Columbia

D.C. Council Chairman Kwame Brown Resigns after He Is Charged with Bank Fraud

Florida

Research Group Says Florida Has Most Corrupt Officials

Georgia

Georgia Lawmakers Back Lobbying Cap but Ignored Bill

North Carolina

Legislators, Lobbyists Mix Business with Pleasure

North Carolina

State Ethics Panel to Investigate Lobbyists Tied to Tillis Aides

South Carolina

Gov. Nikki Haley Ethics Inquiry Could Have Major Statehouse Implications

Wisconsin

Walker Survives Wisconsin Recall Vote

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.

Q.  I am not currently registered as a lobbyist and I would like to send a letter to all state legislators in support of pending legislation. Do I need to register as a lobbyist?

A. The act of sending a letter in support of or in opposition to legislation can be enough to trigger the lobbyist registration requirement in a state. Whether or not registration is required is dependent upon the lobbyist registration threshold in any given state.

Some states have thresholds based on the definition of lobbying whereby engaging in a lobbying activity will require lobbyist registration. For example, in a state where registration is required upon receipt of compensation to encourage the passage, defeat, approval, or modification of legislation by members of the legislature, lobbyist registration would be required prior to sending the letter. Iowa is an example of this type of state.

Other states have thresholds based on the amount of time spent lobbying or preparing to lobby. In Maine, an individual is permitted to spend eight hours lobbying before registration is required. In such a state, tracking your time while preparing the letter will be important in determining if registration is required.

Please consult the lobbyist registration threshold in your jurisdiction prior to sending any correspondence to a public official.

You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.

(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.

Campaign Finance

California: “Txt 4 Ur Candidate” by By Ann Ravel, Jared DeMarinis and Hyla Wagner in The New York Times.

Louisiana: “La. lawmakers rework campaign finance enforcement” by The Associated Press in Real Clear Politics.

Lobbying

North Carolina: “State ethics panel to investigate lobbyists tied to Tillis aides” by J. Andrew Curliss and John Frank in the News & Observer.

Ethics

South Carolina: “House Ethics to refund former candidates’ fines” by the Associated Press in GoUpstate.com.

Gov 2.0

“New Website a One-Stop Shop for Colorado Data” by Sarah Rich in Govtech’s Public CIO.

Data.colorado.gov

Legislative Issues

“California voters OK changes to term limits for state legislators” by Phil Willon and Jean Merl in the Los Angeles Times.

Puerto Rico has continued its efforts to modernize and improve its campaign finance provisions by passing Project of the Senate 2674-2012. This project amends the Law for the Control of Financing of Political Campaign in Puerto Rico. This project has been referred to the Special Commission on Government Reform, and while not currently law, the Elections Commission has been working to update the campaign finance reporting requirements to reflect the project.

The project has several important elements. First, it elaborates on the definition of a coordinated expenditure by carving out a definition for specific expenditures made for the benefit of a party or candidate. Second, it modifies the campaign finance reporting dates for the 2012 general election. Lastly, the project addresses concerns with respect to state and federal PAC registration and reporting for entities wishing to participate in the electoral process without registering a PAC in Puerto Rico.

We will continue to track this project and provide updates as they become available.

Lobbying

“Lobbyists ask Congress for a mandate on ethics” by Kevin Bogardus in The Hill.

Campaign Finance

“Tammany businessman’s allegedly illegal campaign donations went to Gov. Jindal’s 2007 run” by Claire Galofaro in the New Orleans Times-Picayune.

Redistricting

Iowa: “Redistricting makes for tumultuous Iowa primary” by The Associated Press in the Quad-City Times.

New Hampshire: “Court to hear challenges to NH redistricting plan” by Holly Ramer (Associated Press) in the Boston Globe.

Social Media

“Political campaigns are in a constant technology arms race” by Scott Canon in the Kansas City Star.

The San Diego Ethics Commission is meeting June 14, 2012 to discuss a prepared draft of municipal code amendments concerning campaign related issues, including one which pertains to the lobbying ordinance. Decision point 14 would amend applicable provisions of the lobbying ordinance to require the disclosure of contributions provided to, and fundraising performed for, committees that are primarily formed to support city candidates.

The draft amendments are available on the commission’s website.

The public is invited to provide comment on the proposed amendments at the June 14, 2012, meeting, which will be held at 5:00 p.m. in the committee room on the 12th floor of the city administration building. Correspondence may also be sent by e-mail at: ethicscommission@sandiego.gov.

Photo of the San Diego skyline by Tomcio77 on Wikipedia.

After dividing into three teams of nine, State and Federal Communications employees worked up a sweat, completing four weeks of the “We’re Walking” program.

The Myra Texas Walkers took the lead in the first week, successfully reaching 655,040 steps.

Team Winner proved worthy of its name after placing a victory in the second week by walking 607,187 steps. Team leader Jim Warner acknowledged the intended line of attack behind Team Winner’s sudden success.

“My strategy can be summarized in two words: sneak attack,” Warner said. “I knew Myra and Joe May would disregard Team Winner and become too confident.  Team Winner started slowly, but we have tried to increase our steps each week.”

In retaliation, Team Happy Feet strode past its opponents in the third week by reaching 678,969 steps.

“We shall outpace them on the beaches, we shall outpace them on the landing grounds, we shall outpace them in the fields and in the streets; we shall never surrender,” Happy Feet team leader Joe May announced.

Although all three teams are striving for the win, Team Winner took the most steps in the fourth week, accumulating 781,808 steps.

With only two weeks of the competition left, team members are eagerly setting aside time to improve their scores.

“We’re treating this like a marathon, not a sprint,” Myra Cottrill, leader of the Myra Texas Walkers said. “Team Winner and Happy Feet may be in the lead, but I know our steady week-to-week improvements will result in a decisive victory.”

The competition rises as team members find themselves neck and neck on their way toward the finish line. To provide more motivation, Elizabeth Bartz is upping the stakes by offering a bigger prize to the winning team.

Stay tuned for more details as the competition heats up!

A post-John Edwards case commentary: “‘Anything goes’ now in campaign financing?” by Jack Gillum (Associated Press) on CBSNews.com.

California: “Term limits ballot measure attracts big-money donors, little else” by Stephanie Snyder in California Watch.

California: “State’s top 100 political donors contribute $1.25 billion” by Coulter Jones and Elizabeth Titus in California Watch.

Montana: “Miller campaign donations deemed illegal in Montana” by John S. Adams in the Great Falls Tribune.

New Mexico:  “Coss files complaint alleging governor’s PAC violated election codes” by Steve Terrell in the Santa Fe New Mexican.

Wisconsin: “Wisconsin recall is state’s ‘most expensive election’” by Sam Go on MSNBC.

With the leadership of President and CEO Elizabeth Bartz, State and Federal Communications, Inc. was selected as one of the top women-owned businesses in Ohio. This is the fourth year the company has received this honor.

The award from the web-based publisher and business site, DiversityBusiness.com selected the company for its overall leadership and economic achievements, ranking 49^th of 100 Women-owned businesses in Ohio in 2011.

Bartz and the company also won the award in 2007, 2009, and 2010.

“This is a testament to the hard work of our 30 employees and their willingness to adapt to change and meet the challenges of a competitive marketplace,” said Bartz. “I am very happy we are recognized by Diversity.Business.com.”

Congratulations to Elizabeth Bartz and to everyone at State and Federal Communications!

“Lobbyist asks lawmakers to re-tweet anti-piracy study” by Brendan Sasso in The Hill.

North Carolina: “Legislators, lobbyists mix business with pleasure” by Mandy Locke in the News Observer.

South Carolina: “S.C.’s ‘wink, wink’ policies” in the Anderson Independent Mail.

South Carolina: “CEOs, lobbyists eyed as S.C. legislative panel probing Gov. Haley ethics charges prepares witness list” by Gina Smith in the Sacramento Bee.

“Stevens: Citizens United decision needs adjusting” by The Associated Press in Politico.

“George Will column: Citizens United fears prove unnecessary” by George Will in the Green Bay Press-Gazette.

“Citizens: Speech, no consequences” by Richard L. Hasen in Politico.

“Super PAC donor lists include few women” by Stephanie Condon on CBSNews.com.