October 20, 2011 •
Court Upholds Ruling Allowing Pre-Campaign Election Spending in British Columbia
60 days
A court in British Columbia has ruled the province cannot restrict election spending in the 60 days leading up to an official election call.
In British Columbia Teachers’ Federation v. British Columbia (Attorney General), the British Columbia Court of Appeal panel upheld a lower court ruling finding portions of Election Act sections 235.1 and 228 are unconstitutional, and are of no force and effect insofar as they relate to the pre-campaign period as defined in the Act. Therefore, the court affirmed the British Columbia Attorney General cannot restrict election spending in the pre-campaign period 60 days before the election period begins.
Election advertising preceding a 28-day campaign period is considered a “pre-campaign” period. In the decision Justice Catherine Anne Ryan wrote, “[R]estricting third-party advertising during the pre-campaign period would unjustifiably interfere with third parties’ issue advocacy, lobbying activity, and other advertising endeavours unrelated to the election.”
October 20, 2011 •
Thursday News Items
Lobbyists, government, social media ethics, and latest trends!
Lobbyists are prominently mentioned in this Wall Street Journal piece, “Washington Area Is Tops in Income” by Elizabeth Williamson.
NCSL published “Social media tools can pose ethical problems for lawmakers,” by Judy Nadler. The article explores the ethical considerations lawmakers face when using social media tools. The article raises the question about the types of relationships that are established on a network like Facebook by citing the example of someone running for office: “A ‘push’ was organized to add key lobbyists, government contractors and others as ‘friends.'” Nadler discusses government-using-social-media issues such as transparency, playing favorites, and the obligation officeholders have to choose the words they use online carefully.
The Fierce Government IT article, “‘Snapshots cannot accurately archive gov 2.0 content, says Navy official” by Molly Bernhart Walker, discusses the challenges posed by the need to keep a record of government presence in social media platforms.
From Federal Computer Week: A recent survey takes a look at mobile device trends in “Government workers using mobile to access social media, survey shows” by Alice Lipowicz.
October 20, 2011 •
Suit Asks Court to Allow Federal Contractors to Make Federal Political Contributions
Wagner v. FEC
Individuals with federal contracts should be allowed to make political contributions to federal candidates or political parties, a lawsuit filed yesterday by the American Civil Liberties Union (ACLU) argues.
The suit, Wagner v. Federal Election Commission, filed in the United States District Court for the District of Columbia, challenges the constitutionality of section 441c of Title 2 of the U.S. Code, which prohibits any vendors with contracts with the federal government from making such contributions.
According to its press release, the ACLU is asking the Court, on behalf of the three named plaintiffs, to declare the law unconstitutional as applied to individuals who have personal services contracts with federal agencies. Because federal workers who are not contractors may make federal political contributions, while contractors performing the same work may not, the suit argues section 441c violates both the Equal Protection Clause of the Constitution and the First Amendment.
Photo of the United States District Court for the District of Columbia courtesy of the Court’s website.
October 19, 2011 •
The Pennsylvania Supreme Court Is on Twitter
A great way to get the latest news.
With eight tweets and more than 700 followers, the Pennsylvania Supreme Court is now Tweeting about court decisions and other news.
The Associated Press covered the story, as well as the Philadelphia Inquirer-Daily News in this article, “Pa. Supreme Court to go on Twitter” by John P. Martin.
You can find the Supreme Court’s Twitter feed here: @SupremeCtofPA.
Photo of the mural on the wall of the Pennsylvania Supreme Court’s chambers by Ruhrfisch on Wikipedia.
October 19, 2011 •
San Jose Passes Campaign Finance Law
Modifies voluntary campaign expenditure limits and blackout periods
The San Jose City Council voted unanimously on Tuesday, October 18 to change the city’s campaign finance laws. Changes approved include the elimination of the city’s blackout periods which prohibit campaign contributions within 17 days of a regular election and within seven days of a special election.
Per the new law, the voluntary candidate campaign expenditure limits will increase from $1.00 per resident per election to $1.25. The rate for mayoral elections will remain the same at $0.75 per resident per election.
Further changes implemented by the new law eliminate an increase in the voluntary expenditure cap triggered by the fundraising efforts of other candidates and independent committees who do not choose to accept the limit.
October 19, 2011 •
Elizabeth Bartz Attending CSG Meeting
CSG’s National Conference motto: “Listen. Learn. Lead. Join Us.”
Elizabeth Bartz, President and CEO of State and Federal Communications, is attending the Council of State Governments 2011 National Conference & North American Summit in Bellevue, Washington.
This year’s National Conference is being held from October 19-23 and for the first time will include representatives from Canada and Mexico.
Elizabeth Bartz was recently appointed to CSG’s Intergovernmental Affairs Committee for 2011/2012 term.
October 19, 2011 •
Kentucky Independent Political Group Ordered to Stop Political Attack Ads
Restraining Order Issued for Failure to Properly Report Contributions
Franklin County Circuit Court Judge Thomas Wingate issued a restraining order against an independent political group running political ads against Kentucky Governor Steve Beshear on Monday, October 17. The order prohibits the attack ads paid for by the group Restoring America from running on television and radio stations.
In his order, Judge Wingate called the ads “an illegal attempt” to influence the outcome of Kentucky’s 2011 gubernatorial election due to a failure by Restoring America to properly report the source of contributions funding the ads as required under Kentucky law. Restoring America had reported a solitary contribution from Restoring America, Inc. of more than $1.3 million to run the ads, but the judge ruled the use of the additional entity was simply masking the identities of individual donors.
Judge Wingate’s order, thought to be the first such order to halt political advertising by a third party in the state, was quickly met with opposition by First Amendment rights activists who have argued it is no more than a state-level assault on the landmark U.S. Supreme Court decision in the Citizens United case.
Restoring America did file an initial appeal on Tuesday, October 18, but that appeal was rejected due to a technical deficiency. Another appeal is expected.
October 18, 2011 •
Social Media Strategy in New York City Government
Second installment of City Hall News’ four-part “Digital Communications” series.
Watch How New York City Government Is (and Isn’t) Using Social Media on PBS. See more from Metrofocus.
Govloop blogger Scott Burns was on a panel discussing the use of social media by New York City government. He gives us a glimpse into that discussion with his blog post: “How New York City Government Is (and Isn’t) Using Social Media” from October 17.
The panel included New York City’s Chief Digital Officer, people from the MTA and the New York City Council, as well as representatives from Microsoft and GovDelivery. If you are interested in social media strategy, measurement, as well as its limitations, this video offers a wealth of information straight from the city’s agencies. You can also find New York Public Media’s Metro Focus coverage of the event here.
October 18, 2011 •
The Dilemma Social Media Poses to Lobbyists
“Luddite lobbyists go out of business.”
Dave Levinthal just published the article “K Street suffers from Twitter jitters” in Politico, where he talks about how lobbyists face a world increasingly using social media.
Members of Congress and their staff are communicating more and more via Facebook and Twitter. So too, many of the companies and organizations that hire lobbyists are employing social media platforms in their communications strategies.
Levinthal’s article explains how lobbyists prefer face-to-face meetings over video conferences or Facebook updates as a way of getting their message across to lawmakers. He also stresses that lobbyists are eager to keep their clients’ information from being broadcast in all directions over social networks.
The article quotes Patton Boggs Chairperson Nick Allard in order to highlight the dilemma: “I’m sure when lawyers or lobbyists used the telegraph for the first time, they faced this kind of issue … But you cannot be a Luddite and a lobbyist. Luddite lobbyists go out of business.”
What communications will lobbyists embrace in the face of social media? Don’t miss Politico’s analysis.
Photo of the K Street street sign by Ben Shumin on Wikipedia.
October 18, 2011 •
Maryland Legislature in Special Session
The Maryland General Assembly convened a special session on Monday, October 17.
The purpose of the special session was to approve a congressional redistricting plan.
Photo of the Maryland Statehouse by Irteagle102704 on Wikipedia.
October 17, 2011 •
Torrance City Council to Consider Ethics Recommendations
Voluntary Ethics Course and Pledge to be Considered
The Torrance City Council will consider recommendations to revise its ethics laws at the October 18, 2011 city council meeting.
The recommendations to be considered include amending the code of ethics to extend to candidates for elective office and adopting guidelines which include a voluntary ethics course and ethics pledge for elected officials, appointed officials, and candidates for elective office.
October 17, 2011 •
Proposed Rule Would Require Privacy Training for Certain Federal Contractors
Comments Until December 13
A proposed federal regulation would require mandatory privacy training for certain contractors.
Under a new rule put forward by the Department of Defense, the General Services Administration, and NASA, contractors would be required to identify employees designing, operating or having access to government systems of records, or handling personally identifiable information.
This training would be required upon the award of a contract and at least annually thereafter. Vendors would be required to maintain records of employee training for request by the government.
This rule does not apply to commercial items. The Regulatory Secretariat is accepting comments until December 13.
October 17, 2011 •
Government Tech and Social Media News
This week’s Gov 2.0 news.
Government Technology featured “The Top 10 Government Facebook Pages” on October 14. Govtech’s lists the top Facebook fan pages based on number of people who “liked” them. The top spot surprised me.
Mashable’s Aliza Sherman wrote “4 U.S. Government Agencies Getting Social on YouTube” on October 13. This article reveals how four government agencies are using YouTube.
Code for America lists the cities they will be helping in 2012 in their blog post, “Meet Code for America 2012” by Jennifer Pahlka from October 13. Eight cities are listed, but none from Ohio. Maybe next year…
October 17, 2011 •
Elizabeth Bartz Appointed to CSG Intergovernmental Affairs Committee
Elizabeth Bartz, President and CEO of State and Federal Communications, has been appointed to serve as a member of Council of State Governments’ Intergovernmental Affairs Committee for 2011/2012 term.
According to the CSG website: “The Intergovernmental Affairs Committee is the primary policy body for CSG and the primary body setting the federal-state relations agenda for CSG. It is particularly concerned about federalism issues and other issues impacting states’ rights … The mission of the Intergovernmental Affairs Committee is to serve as CSG’s monitoring and advisory arm on major federal issues before Congress and the Administration.”
Congratulations to you, Elizabeth!
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.