SUPERPAC Act seeks transparency, Sunlight Foundation seeks public input
Just in time for the second anniversary of the Citizens United decision by the U.S. Supreme Court, the Sunlight Foundation is crafting a bill that would require disclosure of the money behind independent expenditures, SuperPACs, and more. Called the Stop Undisclosed Payments in Elections from Ruining Public Accountability in Campaigns Act, the text of the bill (in its current form) can be found here.
• Ensure disclosure of donors who fund independent expenditures and electioneering communications made by Super PACs or other 501(c) organizations. Donors giving to an organization for other purposes may remain anonymous if the organization establishes separate accounts for non-election related spending.
• Require real-time, online disclosure of all reports. Data must be in searchable, sortable, machine-readable formats and reports must include unique IDs for all filers.
• Require disclaimers (stand-by-your-ad statements) and identification of top funders in the ad.
• Require registered lobbyists to report their spending on independent expenditures and electioneering communications.
• Require all candidates and committees to file electronically with the Federal Election Commission.
The organization is encouraging input from the public in order to improve the proposed legislation via publicmarkup.org.
Voters approved Measure 47 in 2006, which would establish limits to individual political contributions. At the time, then-Secretary of State Bill Bradbury said he would not enforce the limits – but the state Supreme Court now will decide whether or not the limits should be enforced.
According to the article: “Justices of the Oregon Supreme Court are pondering whether the state should enforce campaign-finance regulations that Oregon voters approved in 2006 despite their rejection of a companion constitutional change in the same election. … Measure 47 would have limited individual contributions — to $500 in statewide contests and $100 in all others — and barred corporate and union contributions. It also would have set limits on contributions to all types of political committees.”
Federal campaign contributions are prohibited from individuals living in the U.S. but not admitted for permanent residency, the Supreme Court affirmed today.
The Supreme Court, through a summary disposition, upheld a lower court ruling finding aliens who are in the United States on temporary work visas may not make political contributions to federal candidates or political parties, as proscribed in 2 U.S.C. §441e and its implementing regulations.
Bluman v FEC was brought on behalf of two plaintiffs, a doctor in residency and a recent law school graduate, both citizens of other countries. They argued the Court’s earlier Citizens United v FEC decision mandated allowing financial political contributions by the plaintiffs as part of their protected free speech.
In upholding the law and denying the plaintiff the relief they sought, the lower court had written in its decision, “It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self-government.”
Today’s one-line summary disposition by the Supreme Court affirms the lower court’s holding without judicial opinion.
State and Federal Communications was proud to be the sponsor of the Akron Roundtable luncheon today, which featured U.S. Sen. Rob Portman as the speaker.
U.S. Rep. Jim Renacci, Akron Mayor Don Plusquellic, and University of Akron President Luis Proenza were in attendance along with a full house at the Quaker Station.
The senator’s talk was titled “Bipartisan Ways Forward on Jobs and Washington’s Debt.”
State and Federal Communications believes in the Akron Roundtable’s mission to “Bring the World to Akron” and appreciates the unique and wonderful service they provide. We also are dedicated to the community of Akron and happy to be a part of today’s event.
Portions of Lobbying Law Found Ambiguous As Applied
NORTH CAROLINA: Wake County Superior Court Judge Paul Ridgeway has cleared former lobbyist Don Beason of misconduct, finding parts of North Carolina’s lobbying reform law are ambiguous as applied and the secretary of state overreached in fining Beason.
The court held that Beason does not have to pay the $30,000 fine imposed on him. Secretary of State Elaine Marshall fined Beason a record-setting $111,000 in 2010, an amount that was later reduced, for failing to make required disclosures about companies he was representing.
Judge Ridgeway stated North Carolina law defines a lobbyist as someone who communicates directly with legislators or their employees, but there was no evidence Beason directly contacted anyone on behalf of the companies he represented. Additionally, because the law gave the state ethics commission the authority to interpret the act and the secretary of state the power to administer it, Marshall overstepped her authority in interpreting the act and fining Beason.
Elizabeth Bartz, President and CEO of State and Federal Communications, is attending the Public Affairs Institute hosted by the Public Affairs Council in Laguna Beach, California.
The Public Affairs Council website says the Institute has the following aim: “For more than thirty years, the Public Affairs Institute has brought together a world-class faculty and mid-to-senior-level public affairs professionals to discuss emerging political, economic, social and technological issues and trends in a rigorous, intriguing, innovative curriculum. Class sessions are led by faculty members, distinguished in their particular fields of expertise, in a mix of large group lectures and small group discussions, allowing for an interactive, personal learning environment.”
The Twitter hashtag for the event is #2012Institute.
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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Thank you to Political Activity Law blog for bringing this to our attention. As part of its series about lobbying and U.S. politics on Morning Edition, NPR broadcast a story about how a study calculated what money corporations saved through a tax break from the American Jobs Creation Act versus what they spent lobbying on the legislation.
The exhibit that shows the Washington, D.C. that could have been.
What if the nation’s capitol had been built with a giant bronze chicken on top of it? What if the Washington Monument had been built with a giant statue of the first president standing atop? How about a Lincoln Memorial built as a giant pyramid?
This week’s Highlighted Site of the Week is the National Building Museum’s Unbuilt Washington, the official site for the exhibit that shows you “what might have been” in our nation’s capital.
The proposed pyramid-style Lincoln Memorial.
According to the site: “Unbuilt Washington reveals the Washington that could have been by presenting architectural and urban design projects that were proposed but, for widely varied reasons, never executed. … The physical character of Washington, D.C., that we take for granted today is the unique result of countless decisions, debates, successes, failures, reconsiderations, missed opportunities, and lucky breaks. To tourists and residents alike, the city’s greatest landmarks may seem so appropriate, so correct—it is hard to imagine that they could have turned out completely differently. But nothing in the built environment of Washington [or in any other city, for that matter] is predestined.”
You will find an interactive Google map for the sites of the would-be sites and memorials described in Unbuilt Washington.
Don’t miss the exhibit, which runs from November 19, 2011 – May 28, 2012. Here is the National Building Museum’s Twitter feed and Facebook.
A new law signed by President Obama precludes federal agencies from requiring vendors bidding on federal contracts to disclose political contributions.
Buried in the 565-page National Defense Authorization Act for Fiscal 2012, House Resolution 1540, is language amending Chapter 137 of Title 10 of the United States Code.
The amendment explicitly prohibits requiring a contractor to submit political information as part of a solicitation, or a request for bid or proposal. It also bars contractors from being required to submit political information during the modifications of a contract, or while exercising a contract option.
The language was added as an amendment to HR 1540 in response to a leaked draft executive order which required every entity submitting offers for federal contracts to disclose certain political contributions and expenditures made within the two years prior to submission of their offer.
For previous articles on Lobby Comply by George Ticoras on this topic, you can read posts from June 1, May 20, May 12, and May 10, and July 28, 2011.
HENDERSON, NEVADA: The Henderson City Council has passed lobbyist and revolving door regulations. Lobbyists must now file a disclosure form after each communication with a city official or employee.
Additionally, elected officials and employees must wait one year after leaving office or employment before they can lobby on behalf of a private person or business.
The new provisions go into effect on Friday January 6, 2012.
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.
Just in time for the second anniversary of the Citizens United decision by the U.S. Supreme Court, the Sunlight Foundation is crafting a bill that would require disclosure of the money behind independent expenditures, SuperPACs, and more. Called the Stop Undisclosed Payments in Elections from Ruining Public Accountability in Campaigns Act, the text of the bill (in its current form) can be found here.
Be sure to read “Campaign-finance regulations go before high court” by Peter Wong in the Statesman Journal.
Federal campaign contributions are prohibited from individuals living in the U.S. but not admitted for permanent residency, the Supreme Court affirmed today.
NORTH CAROLINA: Wake County Superior Court Judge Paul Ridgeway has cleared former lobbyist Don Beason of misconduct, finding parts of North Carolina’s lobbying reform law are ambiguous as applied and the secretary of state overreached in fining Beason.
Elizabeth Bartz, President and CEO of State and Federal Communications, is attending the Public Affairs Institute hosted by the Public Affairs Council in Laguna Beach, California.
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. 
The Illinois Secretary of State has announced that the lobbyist affirmation statement for the period of July 1 to December 31, 2011 has been modified.
“Ethics watchdog alleges that Gingrich might have violated lobbying laws” by Rachel Leven in The Hill.
Thank you to Political Activity Law blog for bringing this to our attention. As part of its series about lobbying and U.S. politics on Morning Edition, NPR broadcast a story about how a study calculated what money corporations saved through a tax break from the American Jobs Creation Act versus what they spent lobbying on the legislation.
What if the nation’s capitol had been built with a giant bronze chicken on top of it? What if the Washington Monument had been built with a giant statue of the first president standing atop? How about a Lincoln Memorial built as a giant pyramid?
HENDERSON, NEVADA: The Henderson City Council has passed lobbyist and revolving door regulations. Lobbyists must now file a disclosure form after each communication with a city official or employee.
