August 10, 2011 •
Ban on Political Contributions from Foreign Residents Upheld
Temporary U.S. Residents May Not Make Political Contributions
A Federal Court has ruled aliens who are in the United States on temporary work visas may not make political contributions to federal candidates or political parties.
In Bluman v FEC, the court upheld 2 U.S.C §441(e)(a), which prohibits contributions from individuals living in the U.S. but not admitted for permanent residency. The federal statute was challenged by two foreign citizens living in the United States who want to make direct contributions to candidates and political parties.
In upholding the law, the court wrote 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.”
August 9, 2011 •
A Big Day at NCSL
We are at booth 217. If you are at the Legislative Summit, come and say hello!
We are working hard, meeting new people, and seeing old friends! Here are some pictures of the day:
August 8, 2011 •
News You Can Use Digest – August 8, 2011
Here are highlights from the latest edition of News You Can Use:
Federal:
Firm Gives $1 Million to Pro-Romney Group, Then Dissolves
Lobbying for Lobbyists on Capitol Hill
From the States and Municipalities:
California
California Poised to OK Political Donations via Text
Connecticut
Watchdog Panel Gives Malloy Three Choices for New Executive Director
Delaware
Weak Rules Make for Powerful Lobbyists
Hawaii
Ethics Chief Draws Ire for Stance on Task-Force Members Who Lobby
Illinois
Are State Worker Punishments Fitting the Crimes?
Michigan
Dispensary Offered Free Marijuana for Signing Up to Vote
New Jersey
N.J. Freeholder Resigns after Nude Photos Appear On-line
Oklahoma
Oklahoma Lobbyists Are Paying Attention to Freshman Lawmakers
Wisconsin
Court Tosses Wisconsin Limit on PAC Donations
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.
Jim Sedor is editor of News You Can Use.
August 5, 2011 •
Highlighted Site Of The Week – Mapping the 2010 U.S. Census
Discover Demographic Information About the U.S.
The U.S. Population has been increasing since the establishment of our nation. Regional populations across the United States have grown and have shrunk for a variety of different reasons ranging from the 1849 gold rush to urbanization that began in the U.S. in the 1900’s.
This week’s Highlighted Site Of The Week is Mapping the 2010 U.S. Census from The New York Times. This site contains 12 interactive maps which use demographic information collected by the 2010 Census.
These maps are divided up by county and show demographics of population, ethnic distribution, and vacant housing units. For their respective topic, each map shows the percent change in 2010 from statistics gathered from the 2000 census.
It’s very interesting and informative to browse through the United States and see the different population and ethnic distributions compared to what existed in 2000.
Everyone have a great weekend!
August 4, 2011 •
Astronauts To Speak At NCSL
Hear From the Astronauts of NASA’s Final Space Shuttle Mission
For those of you who will be attending the NCSL Legislative Summit this coming week in San Antonio, you will have the chance to hear from the astronauts of NASA’s final space shuttle mission during Wednesday’s General Session.
These four extraordinary people have travelled millions of miles through space and certainly have plenty to share about their experiences in space.
Not many people get to hear first hand stories of experiences in space directly from an astronaut. Be one of the lucky few!
August 4, 2011 •
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.
August 8 – 11, 2011
NCSL Legislative Summit, Booth 217, San Antonio, TXAugust 16, 2011
The Watergate CLE: John Dean and the Ultimate Lawyer’s Ethics Dilemma, Akron, OHSeptember 8 – 9, 2011
Practising Law Institute, Washington DCNovember 19 – 22, 2011
SGAC Foundation Leaders’ Policy Conference, Miami, FLNovember 29 – December 2, 2011
NCSL 2011 Fall Forum, Tampa, FLJanuary 30 – February 2, 2012
National Grassroots Conference, Eden Roc Renaissance Miami Beach, Miami Beach, FLFebruary 27 – March 1, 2012
National PAC Conference, Loews Portofino Bay Hotel, Orlando, FL
August 3, 2011 •
Bill Seeks 48-Hour Contribution Disclosure for Super Committee
Joint Select Committee on Deficit Reduction
In response to this week’s legislation raising the federal debt limit ceiling and creating a new Joint Select Committee on Deficit Reduction, U.S. Senator David Vitter announced he is introducing a bill requiring 48-hour disclosure of campaign contributions over $1,000 to any appointed member of the committee or their leadership PACs.
“We need to see full transparency and accountability because these committee members will be making huge decisions with a lot on the line,” Senator Vitter said.
The 48-hour rule would continue until the committee expires on January 21, 2012.
The full press release can be found here.
August 3, 2011 •
Ask the Experts – Lobbyist’s Personal Delivery of Political Contributions
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. Are there prohibitions on registered lobbyists hand-delivering a political contribution check [personal, corporate, or PAC] to a candidate at the candidate’s fundraiser?
A. Forty-six states do not regulate the personal delivery of campaign contributions by contributions. Of course, this assumes all other things being legal, such as session bans, a ban on corporate contributions, a ban on personal contributions by lobbyists, or personally delivering contributions while at the state capitol.
Alaska law provides that lobbyists may not host a fundraising event, directly or indirectly collect contributions, deliver contributions to a candidate, or participate in fund-raising activities.
Kentucky law prohibits a legislative agent from exercising control over a campaign contribution from a PAC and directing it to a specific state legislator, candidate, or committee. This prohibition includes hand-delivering a contribution.
In Maryland, a lobbyist may not, for the benefit of the governor, lieutenant governor, attorney general, or comptroller, member of the general assembly, or candidate for election to these offices solicit or transmit a political contribution from any person or political committee.
South Carolina has very strict rules governing a lobbyist’s involvement when it comes to political contributions. Not only are lobbyists prohibited from making personal political contributions — even as a constituent — they are prohibited from hand-delivering a corporate or PAC check to a candidate at the candidate’s fundraiser.
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.
August 3, 2011 •
Remember the Alamo!
Join us next week in San Antonio!
Have you made your reservation for NCSL Legislative Summit 2011? I hope so. State and Federal Communications, Inc. will be there in full strength and ready to meet you!
This is our (lucky) 13th year attending this annual meeting of legislators and government affairs executives. The exhibit booth has been packed and is ready for the trek to San Antonio along with our computers, brochures, and our fabulous lanyards that we are resurrecting after a two-year hiatus.
This year we have six people from the company joining us. Stop by Booth 217 to see Nola Werren, John Chames, Ren Koozer, Rebecca South, Joe May, and yours truly!
Where else will you see us? Name it. We are attending the Women’s Legislative Network Executive Board meeting, Foundation for State Legislatures Board of Directors Meeting, Executive Meeting, Foundation events, and every event sponsored by State Government Affairs Council (SGAC). We will be all over San Antonio…And, you will be able to follow us on Facebook, Twitter, and on our blog, www.lobbycomply.com. Joe May, our social media coordinator, is joining us this year to keep you up-to-date on the speakers (Jim Collins author of Good to Great is set to speak). Joe will also cover events and while we will miss the tour of the Alamo, we will attend the armadillo race. (Now, I assure you that is something we do not have in Akron, Ohio. Feel free to ask me about our Soap Box Derby.)
NCSL is not for the weak because we are up at the crack of dawn for a hearty breakfast and then off to meetings and booth duty. By Thursday night, we will all be ready for a fabulous dinner as we unwind from a busy week…And, thinking of what we will do in Chicago in 2012!
August 2, 2011 •
Frederick County MD’s Proposed Ethics Law
Public Hearing Scheduled
The Frederick County Board of Commissioners voted to have a public hearing for a new ethics ordinance which, among other things, would no longer require lobbyists to disclose their annual income.
Based on one of the state’s recommended models for local ethics laws for counties and cities, the ordinance drew concerns by commissioners that the requirements for lobbyists could be weaker than those currently in place. As an example, Frederick County’s requirements for registration and reporting for grassroots lobbying are not included in the proposed ordinance, which would supersede the current law.
The public hearing has been scheduled for September 6.
August 2, 2011 •
Court Enjoins Enforcement of Wisconsin Contribution Limit
Special Elections August 9th and 16th
The Seventh Circuit Court of Appeals has enjoined enforcement of a Wisconsin law that makes it illegal for anyone to give more than $10,000 in a calendar year to a political committee that makes independent expenditures in elections.
The Wisconsin Right to Life State PAC sought to halt enforcement of the contribution limit in light of the special elections to be held on August 9 and 16, 2011.
The Seventh Circuit Court of Appeals enjoined enforcement of the Wisconsin contribution limit finding that Wisconsin Right to Life State PAC had a reasonable likelihood of succeeding on the merits of its appeal, and set the case for expedited appeal.
August 1, 2011 •
Smartphone Political Contributions in California
FPPC supports the plan
California may become the first state to allow political contributions on the state and local levels to be made by text message on your smartphone. The California Fair Political Practices Commission is behind a plan that would allow such contributions by the 2012 elections. Approval is expected by October.
The hope is that this will allow for small donations and widen the number of people who are engaged in the political process. Last December, the Federal Election Commission rejected a similar plan for federal campaigns.
Here is a Capital Public Radio recording of Commission Chair Ann Ravel talking about the idea and what regulations would need to accompany it.
Today’s San Francisco Chronicle offers “Calif. poised to OK political donations via text,” by Carla Marinucci.
August 1, 2011 •
Groupon: New Political Campaign Platform?
Online Coupon Providers Being Used for Political Campaigns
With social media platforms such as Twitter and FaceBook accepted as valuable and almost necessary platforms to be utilized by politicians during their campaigns for office, could online coupon providers such as Groupon be the next online resource to be considered by public officials?
In June, Massachusetts state Representative Dan Winslow sought approval to use Groupon for a campaign fundraiser that would allow a certain number of supporters the chance to attend the $100 per person fund-raiser with just a $25 coupon.
Winslow sought an opinion on his proposal from the state Office of Campaign and Political Finance, and it was approved Monday, July 25th. Winslow is going ahead with the plan for a Sept. 20 fund-raiser at Boston’s Battery Park Bar & Lounge. Instead of Groupon, he’ll be going through the similar-but-Massachusetts-based GoodTwo.com.
Winslow’s innovative thinking has called into attention this new potential relationship between online coupon providers and politicians. Read the full article: “Massachusetts Pol Grouponomizes Campaign Finance“.
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.