March 2, 2012 •
Nebraska Supreme Court to Hear Campaign Finance Suit
“Fair Fight” Rule Not Enforced Since August
The Nebraska Supreme Court is scheduled to hear arguments concerning the state’s “fair fight” campaign finance law on Wednesday, March 7, 2012.
The Nebraska Accountability and Disclosure Commission voted unanimously in August to stop enforcement of the 1992 law aimed at leveling the playing field in state political races following a United States Supreme Court decision concerning the state of Arizona where a similar law was deemed unconstitutional.
Under the law, candidates could qualify for “fair fight” money from the state if they adhered to voluntary spending limits and their opponent had exceeded such limits.
March 2, 2012 •
Texas Primary Date Changed
Runoff Election Date Also Rescheduled
A federal court has pushed back Texas’s primary date from April 3 to May 29.
Additionally, the Texas general primary runoff election has also changed to July 31 from June 5.
A three judge panel from the US District Court for the Western District of Texas San Antonio Division, having entered redistricting plans for the 2012 elections for the US House of Representatives, the Texas House of Representatives and the Texas State Senate, found it necessary to make certain adjustments to the election schedule. The court’s order, issued March 1, stipulates various other changes of filing dates and deadlines for candidates and for voting activities concerning elections of federal, state, county, and local offices held in the state.
The court order also mandates that for the 2012 elections to the Texas House and Senate, a person must be a continuous resident of the district the person seeks to represent from April 9, 2012 until the date of the General Election.
The court’s order can be found, via the website Texas Redistricting.
March 2, 2012 •
Rebecca South Elected an Officer of WASRG
Rebecca South, Federal Compliance Associate at State and Federal Communications, has been elected Treasurer of the Washington Area State Relations Group (WASRG).
The election took place at WASRG’s Annual Membership Meeting & Luncheon on February 9. Congratulations, Rebecca!
According to their site, “The Washington Area State Relations Group (WASRG) is one of the nation’s largest organizations dedicated exclusively to serving state government relations professionals. Since the mid-1970s, WASRG has been providing its corporate, trade association and public sector members with a unique and valuable opportunity to interact with their peers, key state officials and public policy experts.”
Rebecca South, based in Washington, D.C., has extensive background in federal government compliance. She served 15 years as Government Relations Administrator for a national lobbying firm where she directed internal political compliance programs to ensure adherence to local, state, and federal laws regarding lobbying, ethics, and campaign finance. She also has substantive experience in the creation, management, and rules governing political action committees.
Rebecca began her career as a staff member on the U.S. Senate Committee on the Judiciary in the early 1990s, and also served as a Program Director with an association management firm. She is an active member of Women in Government Relations, Toastmasters International, Public Affairs Council, and American League of Lobbyists.
March 2, 2012 •
Highlighted Site of the Week – This Week in History
The Office of the Clerk’s “Historical Highlights” site
For this week’s Highlighted Site, we turn to the Historical Highlights page of the United States House of Representatives’ Office of the Clerk. What I saw there rattled my ideas about electronic voting. When would you guess the first proposal was offered for electronic voting in Congress? I was way off. Take a look!
On this date in 1848, a Baltimore inventor named Francis Smith petitioned the U.S. House to adopt his “voting register,” a legislative telegraph to count the members’ votes. Smith sent a proposal and a prototype for the House to consider. Two other inventors did the same that year.
According to the site, “Despite repeated calls for modernizing the voting process, the House would not implement electronic voting until 1973.”
Other fascinating facts for this week: 
February 28, 1860 – Representative Victor Berger of Wisconsin, the first Socialist Member of Congress
February 29, 1932 – Speaker John Nance Garner of Texas Receives a 400-Pound Gavel from his Constituents
March 1, 1945 – President Franklin D. Roosevelt’s final address to a Joint Session
Enjoy and have a terrific weekend!
Photos courtesy of the Library of Congress.
March 1, 2012 •
The Battle for Political Disclosures from Federal Vendors
Leaked draft executive order
In the spring of 2011, a draft presidential executive order was leaked to the public. The order would require 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. The disclosure requirement included contributions made to federal candidates, parties, and committees by the bidding entity, its officers, and any affiliates or subsidiaries within its control. Contributions made to parties for independent expenditures and electioneering communications would also be reported. These disclosures would be required whenever the aggregate amount of the contributions and expenditures by the bidding entity exceed $5,000.
Reaction to the order was swift. The U.S. Chamber of Commerce, writing on behalf of a coalition of more than 80 business groups and trade associations, strongly protested the proposed executive order. Meanwhile, a letter in support of the order, signed by more than 30 public interest groups, urged full disclosure of campaign contributions and expenditures by federal government contractors. U.S. Representative Anna G. Eshoo sent a letter to President Obama, signed by more than 60 members of the House, in support of the proposed executive order.
The House Committee on Oversight and Government Reform and the House Small Business Committee held a joint hearing to examine the order, evaluate its impact and consequences on the federal acquisition system, and determine whether it introduced politics into the procurement process. Bills opposing the proposed order were introduced in both the House and the Senate. Finally, a compromise amendment, precluding an executive agency from requiring a vendor bidding on a contract to disclose political contributions, was added to the National Defense Authorization Act for Fiscal 2012. The act passed and was signed by President Obama at the end of 2011.
Passage of the bill did not end calls for disclosures of political contributions from federal contractors, however. Petitions with more than 100,000 signatures were submitted by Public Citizen and MoveOn.org to the White House, urging the President to require federal contractors to disclose their political contributions after the bidding process is completed and a federal contract is awarded.
March 1, 2012 •
See Us in Person!
Plan to say hello at future events where State and Federal Communications will be attending and/or speaking regarding compliance issues.
March 7, 2012 Ohio’s Birthday Party, Washington, D.C.
March 15, 2012 Greater Akron Chamber Annual Meeting, Akron, Ohio
March 21-23, 2012 SGAC Annual Meeting, Boston, Massachusetts
April 15-17, 2012 NASPO 2012 – How to Market to State Governments Meeting, Orlando, Florida
April 16-17, 2012 National Summit on Strategic Communications, Washington, D.C.
April 27-29, 2012 Greek American Foundation – National Innovation Conference, New York, NY
February 29, 2012 •
Redistricting News from the States
Here is a roundup of articles from around the country:
Arizona: “Arizona redrawn legislative maps sent to Justice” by Mary Jo Pitzl in the Arizona Republic.
Florida: “Redistricting is creating rifts in the state’s non-partisan high court” by Mary Ellen Klas in the Miami Herald.
Missouri: “Same Missouri Senate seat filed for in east and west” by David Lieb (Associated Press) in the Missourian.
New Mexico: “Legal fight may be nearing an end over map for state House districts in this year’s elections” by The Associated Press in The Republic.
New York: “New congressional district lines expected in NY” by The Associated Press in the Long Island Business News.
New York: “State’s Congressional District Line Proposals Due Today” by NY1 News.
Ohio: “Bipartisan state lawmakers offer reform for map-drawing process in redistricting” by Aaron Marshall in the Cleveland Plain Dealer.
Texas: “Texas political maps issued by federal court” by Alex Isenstadt in Politico.
Wyoming: “Wyoming Senate advances legislative redistricting bill” by The Associated Press in The Republic.
February 29, 2012 •
Government Tech and Social Media News
Take a look at today’s government technology news: A list of the top government social media projects, social media and the GOP primary, an IT ethics violation that is rocking both the state of New York and the city of Baltimore, and New York City votes on open government legislation.
Social Media News
“Top 14 Government Social Media Initiatives” by J. Nicholas Hoover in Information Week.
“How Social Media Is Keeping the GOP Primary Going” by Micah Sifry in TechPresident.
IT News
“New York Officials Promise Reforms After Scathing IT Audit” by Matt Williams in Governing.
“Baltimore’s top IT official resigns after alleged ethical violations emerge in N.Y.” by Gus Sentementes in The Baltimore Sun.
Open Data
“In New York, Landmark Open Data Legislation Will Soon Be Up for a Vote” by Sarah Lai Stirland in TechPresident.
February 28, 2012 •
Utah Bill to Deal with Anonymous Contributions
Over $50
Utah Representative Kraig Powell has introduced a bill prohibiting anonymous cash contributions over $50 and requiring forfeiture of the contributions.
As written in HB 493, anonymous contributions over $50 to state and local candidates must be given to the governmental entity where the position the candidate is pursuing exists, such as to a school district’s general fund for a local school board candidate. Other beneficiaries of the anonymous political donations over $50 would be the state’s general fund, and county and municipality general funds.
Reporting by the candidates of the transferred anonymous contribution would not be required.
February 28, 2012 •
Elizabeth Bartz Supports Sen. Sherrod Brown
Joins Ohio Business Leaders in Letter of Support
Elizabeth Bartz, President and CEO of State and Federal Communications, joined other business leaders from Ohio in a public statement of support for U.S. Senator Sherrod Brown (D-Ohio).
According to a press release:
Business leaders from across Ohio announced their support of Senator Sherrod Brown today in a statement citing his strong record of fighting for Ohio jobs and businesses. The announcement highlights Sen. Brown’s efforts to fight China’s illegal currency manipulation and cut down on outsourcing, both of which costs Ohio jobs.
The public statement opens with the following:
“As business leaders in Ohio we know that Senator Sherrod Brown is a champion for Ohio’s business community and is fighting everyday for Ohio jobs and businesses. We urge Ohioans across the state not to believe third-party attack ads that say otherwise. Sherrod Brown has consistently demonstrated that Ohio jobs are his top priority and his commitment to strengthening Ohio employers will not waver. When it comes to Ohio’s business community, Senator Sherrod Brown is ready and willing to help.“
To read the full text and see the other supporters in the statement, you can find the press release at this link.
February 28, 2012 •
Up-to-the-Minute Campaign Finance Report Data from The NYTimes
The Times Developer Network is now updating FEC report data every 15 minutes.
The Times Developer Network is now offering data from reports received by the Federal Election Commission through its Campaign Finance API (application programming interface). What was once a set of reports updated weekly, or in some cases daily, is now updated every 15 minutes.
You can find campaign finance information for the presidential and congressional candidates, PACs and super PACs, electronic filings by date and type, independent expenditures, and electioneering communications.
For the full story, be sure to read “Campaign Finance Data in Real Time” by Derek Willis in The New York Times.
You’ll be interested to also see “Campaign finance updates in real time? There’s an API for that” by Meranda Watling in 10,000 Words.
February 28, 2012 •
Supreme Court Upholds Maine Campaign Finance Law
Laws Found Constitutional
The U.S. Supreme Court has rejected a challenge to Maine election laws brought by the National Organization for Marriage claiming Maine’s reporting requirements for political action committees are vague and over-broad.
The Supreme Court let stand the 1st Circuit Court of Appeals’ decision to uphold the constitutionality of the laws requiring the disclosure of contributions and expenditures in elections by PACs and by independent groups.
Maine defended its laws by arguing the laws were designed to inform voters about who is spending money to influence their votes.
February 27, 2012 •
Free Sporting Tickets Doom Baltimore County’s Ethics Law
Maryland State Ethics Commission finds county law out of compliance
The State Ethics Commission has found the county’s new public ethics law to be below state standards because it allows elected leaders to accept tickets to sporting events from people who do business with the county.
Although state lawmakers are prohibited from free sports tickets, both state and county laws allow lawmakers to accept free admission to charitable, cultural, and political affairs events if the tickets come from the events’ sponsors.
Michael Lord, Executive Director of the commission, notes that the county’s ethics law does not call for disclosure of those tickets, which is required under state rules.
The county has maintained that its ethics laws are among the toughest in the state, but the commission has warned the county that it is not in compliance with a 2010 law that requires local ethics laws to be at least as strong as those state lawmakers must follow.
February 27, 2012 •
News You Can Use Digest – February 27, 2012
Here are highlights from the latest edition of News You Can Use:
Federal:
Foster Friess Aspirin Joke Shows Danger to Candidates of Outside Political Groups
Lobbyists Decertify after Obama Ban
From the States and Municipalities:
Arizona
Fiesta Bowl Case: Junker pleads guilty to felony charge
California
Ethics Commission Delays Vote on Raising Contribution Limits
Colorado
Colorado Supreme Court Upholds ‘Magic Words’ Test for Political Spending by 527s
Colorado
Secretary of State Scott Gessler Rewrites Colorado Campaign Finance Rules
Florida
Miami Beach House Rep. Steinberg under Investigation by Feds for Bizarre Texts
Illinois
William Beavers Indicted on Tax Fraud Charges
Indiana
Lawmaker Takes Jab at Girl Scouts
Iowa
Denied Jobs, Blacks in Iowa Test New Bias Theory
Montana
High Court Halts Montana Corporate Spending Ban
New York
Critics Wary of State Elections Panel Plan to Oversee Super PAC Operations
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.
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.
