Any and Every Candidate
An advisory opinion request seeking to end the current aggregate limit on the contributions an individual may make to federal candidates has been made to the Federal Election Commission.
The request, made on behalf of Shaun McCutcheon, seeks to allow him to make political contributions to several federal candidates that would exceed the two-year aggregate limit currently set at $46,200 as provided in 2 U.S.C §441a(a)(3)(A).
The primary argument in the advisory opinion request argues the limit is unconstitutional because it violates a citizen’s right to speak and to associate with not just any candidate, but every candidate of his choosing.
If the FEC grants the request, Mr. McCutcheon plans to contribute amounts of $2,500 and $1,776 to 26 federal candidates
553 Outstanding Fines
If you don’t file your campaign finance paperwork in Illinois, you will receive a fine from the State Board of Elections. Take a look at “Political committees owe Illinois $800,000 in fines” by Andrew Thomason in the McDonough Voice.
As the article notes, there is no criminal penalty involved, but candidates could find out they are not eligible to run for elected office if they don’t take care of the fines.
According to the article:
The Illinois State Board of Elections, or ISBE, has 553 outstanding fines totaling $808,235.15 against political committees for either filing campaign finance reports late or violating Illinois’ campaign finance laws. Fines date back to 2003 and range from $25 to $10,000.
March 14, 2012 •
Lobbyist Compliance and Other Resources Online
State and Federal Communications, Inc. is your compliance information source for campaign finance, lobbying compliance, procurement, and ethics laws.
Take a tour of our site and click on the “Free Live Online Demo” on the middle of the left column of the home page. You will open a page with three blue links, located in the middle of the page:
•Executive Source Guide on Lobbying Laws
•Executive Source Guide on Political Contributions
•Executive Source Guide on Procurement Lobbying
Click on any one – or all three – to view the state of Alaska compliance information we provide to clients. This comprehensive and vital compliance information is updated continuously.
We have this same online information for all 50 states, the federal government, and 226 municipal and regional governments.
If you would like to view everything we have for online clients, contact us at info@stateandfed.com or 330-761-9960 and ask about our two-week trial. There is no cost for the trial, and you are under no obligation to purchase.
We can think of no better way for you to see the value in our online resources than for you and your team to actually use them for two weeks in your compliance efforts.
March 14, 2012 •
Redistricting News Roundup
Here are articles from four states:
Florida: “Lawmakers ready to tackle redistricting during special session” by Bill Kaczor (Associated Press) in Florida Today.
Florida: “Legislators return for special session to redraw rejected Senate map” by Mary Ellen Klas The Miami Herald.
Florida: “Senate Re-Redistricting Plan Is Flawed, Says State Dem Chair” by Brandon Larrabee in Sunshine Slate.
Kansas: “Kansas lawmakers face votes on redistricting plans” by The Associated Press in the Wichita Eagle.
Minnesota: “Redistricting maps give DFL advantage in legislative races, but …” by Eric Black on MinnPost.com.
New York: “An Update on New York Redistricting” by Thomas Kaplan in The New York Times.
New York: “Silver bristles at Cuomo slap at NY Legislature” by The Associated Press in The Wall Street Journal.
New York: “New York: Redistricting End Is Nigh” by Joshua Miller in Roll Call.
March 14, 2012 •
Judge Throws Out Illinois Limits on Contributions to Independent Expenditure Committees
Limits Ran Afoul of Citizens United Decision
U.S. District Court Judge Marvin Aspen has removed limits on political contributions to groups that make independent expenditures on behalf of or against a candidate.
The decision in Personal Pac v. McGuffage specifically overturns the annual limits of $10,000 per individual, $20,000 per corporation or union, and $50,000 from a political action committee to an independent expenditure committee.
Noting the U.S. Supreme Court struck down such limits in the Citizens United case, Judge Aspen concluded that preventing actual and apparent corruption cannot justify restrictions on independent expenditures.
March 14, 2012 •
American League of Lobbyists Writes to President Obama
The organization connects the president’s anti-lobbyist position with an increase in unregistered lobbying.
Howard Marlowe, president of the American League of Lobbyists, recently sent a letter to President Obama asking him to change his tone toward lobbyists and the lobbying profession. The organization is making a connection between the administration’s anti-lobbyist rhetoric and the rising number of unregistered lobbyists.
Whether they are calling themselves consultants or advisers, Marlowe points out that these people are lobbying and their activity thus goes on without any oversight:
“Those who are not registered are protected from discovery by the lack of an effective enforcement mechanism. Our primary concern with incentivizing deregistration is that the public loses knowledge of who these people are lobbying, who is paying for their advocacy work, how much they are being paid, and what issues are they being paid to work on.”
For full news coverage, please read “Lobbyists to Obama: Tone down the rhetoric!” by Byron Tau in Politico.
Photo of the White House by UpstateNYer on Wikipedia.
March 13, 2012 •
Super PACs Big in the News Today
A majority of those polled want them gone, and they are playing a big role in Alabama and Mississippi:
“Poll: Voters want super PACs to be illegal” by Chris Cillizza and Aaron Blake in The Washington Post.
“Poll shows public wants to ban super PACs” by Callum Borchers in the Boston Globe.
“Super-PAC Ads Dominate Republican Race in Alabama, Mississippi” by Greg Giroux in Bloomberg.
“Spending by super PACs in Colorado is the dominion of Democrats” by Karen Crummy in the Denver Post.
“GOP campaign spending lowest since 1990s” by Dan Eggen in the Bangor Daily News.
“Rhode Island’s Top 25 Biggest Spending PACs” by Dan McGowan in GoLocal Prov.
March 13, 2012 •
Miami-Dade to Require Ethics Training for Lobbyists
Course to Cost $100 Every Two Years
The Miami-Dade County Board of Commissioners has passed an ordinance requiring registered lobbyists to complete ethics training. The effective date of the ordinance is March 16, 2012.
Registered lobbyists must, within 60 days of registration, submit to the clerk of the board a certificate of completion of an ethics course offered by the Miami-Dade County Commission on Ethics and Public Trust. Lobbyists must also complete a refresher course every two years. The cost of the ethics course will be $100.
Additionally, the requirement is not applicable to any municipal lobbyist in the county unless the municipality has adopted an ordinance requiring ethics training and an agreement with the county authorizes the county ethics commission to provide an ethics training course.
Finally, the executive director of the Miami-Dade County Ethics Commission may waive the ethics course requirement for a particular lobbyist when it is determined that the lobbyist has taken an initial or refresher ethics course offered by a municipality satisfying the requirements pertaining to the Miami-Dade County ethics course requirements.
The Miami-Dade County Ethics Commission has noted their intent to contact all registered lobbyists in regards to this course once the course is prepared and ready to be offered.
March 12, 2012 •
Today’s Campaign Finance and Lobbying News
Super PACs, the revolving door, and Facebook’s lobbying in the news:
Campaign Finance
“The Super PAC Paradox” by Eliza Newlin Carney in Roll Call.
“The year’s busiest day of campaign fundraising shows how Springfield really works” by Ray Long and Alissa Groeninger in the Chicago Tribune.
“Group to appeal Iowa campaign finance ruling” by The Associated Press in the Globe Gazette.
Lobbying
“Retiring lawmakers openly eye K Street” by Anna Palmer and Jake Sherman in Politico.
“Lobbying pays off big for business” by Toluse Olorunnipa in the Miami Herald.
“Facebook ‘friends’ a new lobby firm” by Rachel Leven in The Hill.
March 12, 2012 •
Sunshine Week is Here
Promoting government transparency since 2005.
This week is Sunshine Week, the annual initiative by the American Society of News Editors that promotes and celebrates open government. Here are some of the first news stories about awards given for online government transparency:
“California state government’s website gets high marks for transparency” by Jon Ortiz in the Sacramento Bee.
“IL governments awarded for online transparency” by Andrew Thomason in the Illinois Statehouse News.
“DC.gov Web site gets high marks for transparency” by Mike DeBonis in the Washington Post.
“6 Utah websites get government transparency awards” by The Associated Press in the Daily Herald.
“3 Richmond-area agencies honored for online transparency” by Jeremy Slayton in the Richmond Times-Dispatch.
“National group honors 14 Virginia entities for online government transparency” by The Associated Press in the Washington Post.
“W.Va.’s state website honored for transparency” by The Associated Press in the Wausau Daily Herald.
March 12, 2012 •
State Legislative Sessions Update
Four state legislatures report end to sessions
FLORIDA: The 2012 session of the Florida legislature adjourned on Friday, March 9th. Governor Rick Scott now has 15 days to sign or veto legislation, or the legislation will become law without his signature. Additionally, Governor Scott has called the legislature back to Tallahassee for a special session, set to begin Wednesday, March 14th. The session is slated to deal with the Florida Supreme Court’s decision to overturn the legislature’s redistricting plan for the state Senate.
INDIANA: Lawmakers concluded the 2012 legislative session at nearly 2:00 a.m. on Saturday, March 10th.
VIRGINIA: The General Assembly concluded the 2012 legislative session on Saturday, March 10, 2012. The assembly introduced 2,875 bills during the 60-day legislative session. Nearly 1,600 passed, and the Governor has already signed over 200 into law.
WEST VIRGINIA: The legislature of West Virginia adjourned sine die shortly before midnight on Saturday, March 10, 2012. The legislature then reconvened shortly thereafter on Sunday, March 11, 2012, to begin work on the 2012 extended budget session.
March 12, 2012 •
News You Can Use – March 12, 2012
Here are highlights from the latest edition of News You Can Use:
Federal:
One Super PAC Takes Aim at Incumbents of Any Party
From the States and Municipalities:
Alabama
Jury Acquits All Defendants, Including Means, in Gambling Corruption Case
California
Ethics Panel Raises Donation Limits in Municipal Campaigns
California
Trutanich Paid for YouTube Views of D.A. Campaign Videos
Georgia
Some Priorities Fade as Lawmakers Favor Social Issues Ahead of Election Season
Maryland
Bereano’s 1994 Conviction Upheld
Maryland
Leopold Indicted on Charges of Using Police Detail for Political Gain
Missouri
Honor for Rush Limbaugh is Fracas for Missouri
Nevada
Ethics Case Back before Nevada Supreme Court
New Mexico
Newly Elected Sunland Park Mayor to Seek Court Order to Do Job
Oklahoma
Ex-Senator Convicted of Bribery; Co-Defendant Free
Utah
Special Interests Busy Providing Perks to Legislators
West Virginia
W.Va. Ethics Panel Clarifies Cohabitation Law
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.
Increased limits effective immediately
The Los Angeles City Ethics Commission voted Thursday to raise campaign contribution limits for candidates in the upcoming municipal election. Candidates for city council may accept $700 per donor per election cycle, up from a $500 limit. Candidates for citywide offices including mayor, city attorney, and city controller may accept $1,300, up from $1,000.
The new limits go into effect immediately, giving candidates in the March 2013 election the opportunity to contact donors who have already reached the old contribution maximums.
Critics of the new limits believe the commission is tipping the scales in favor of well-connected incumbents who have historically met the contribution threshold more often than their challengers.
March 9, 2012 •
Legislative Session News
Five state legislatures report end to sessions
ARKANSAS: The fiscal session of the Arkansas General Assembly adjourned at noon on Friday, March 9, 2012.
OREGON: The Oregon Legislative Assembly has adjourned sine die for the 2012 regular session on March 5.
UTAH: The 2012 general session of the Utah State Legislature adjourned sine die on March 8, ending on its 45th day, the last permitted by the Constitution for annual general sessions. Governor Gary Herbert has until March 28 to sign or veto bills presented to him by the legislature.
WASHINGTON: The 2012 regular session of the Washington State Legislature adjourned sine die on March 8, 2012. Governor Gregoire has called for a special session to begin on March 12, 2012 to address a supplemental budget plan.
WYOMING: The State of Wyoming Legislature adjourned sine die on March 8. Governor Matt Mead has until March 26 to sign or veto legislation that reaches his desk.
Many thanks to our terrific Research Department for this update!
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.