The House Majority PAC and the Majority PAC, two independent expenditure entities, formally requested an advisory opinion from the Federal Election Commission asking whether federal officeholders and candidates may solicit unlimited contributions on behalf of PACs. The request was sparked by the newly created Republican Super PAC, founded by James Bopp, and its plan to ask candidates to solicit and direct unlimited contributions on its behalf.

These solicited funds would be earmarked for independent expenditures supporting or opposing specifically designated candidates. Additionally the request asks if candidates may participate in fundraisers for PACs even if they cannot solicit contributions.

Federal
Colbert at the FEC? Really

National
Fox Parent Company to Disclose Political Giving

From the States:

Arizona
Fiesta Bowl Seeks Repayment for Political Contributions

Illinois
Emanuel Jumps into Work, Signs Six Executive Orders

Maryland
Johnson, Ex-County Executive in Prince George’s, Pleads Guilty to Taking Bribes

Minnesota
Court Lets Minnesota Corporate Disclosure Law Stand

Tennessee
Four Named to State Ethics Commission

Virginia
Virginia Ethics Rules Questioned in Wake of Federal Case

Wisconsin
Officials Dismiss Ethics Complaints Over Anti-Union Bill

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.

New Mexico Governor Susana Martinez has signed two executive orders that seek to improve the procurement process in New Mexico.

Executive Order 2011-030 authorizes the suspension or debarment of businesses for conviction of fraud, embezzlement, theft, forgery, bribery, falsification, destruction of records, receiving stolen property, antitrust violations, willful failure to perform in accordance with contracts, and any other cause occurring within the preceding three years of a procurement which the state purchasing agent or a central purchasing office determines to be so serious and compelling as to affect responsibility as a contractor.

Executive Order 2011-031 created the Governor’s Task Force on Procurement Reform to review and update the current statutory and regulatory Procurement Code and to increase transparency and efficiency in the procurement process.

Governor Martin O’Malley signed into law a bill which requires corporations to disclose to shareholders the dates and amounts of political independent expenditures and the candidate or ballot issue to which the expenses related, or post a link to this information from its homepage.

All entities making an aggregate independent expenditure of $10,000 or more in an election cycle will be required to file reports detailing information such as the identities of those making, or those exercising direction or control over those making, the independent expenditures. Included in the report must be the identity of each person who made cumulative donations in excess of $51 to the entity making the independent expenditure. Entities include corporations, partnerships, committees, associations, and labor organizations.

The law redefines independent expenditure to mean expressly advocating the success or defeat of a clearly identified candidate or ballot issue. Separate and distinct from the definition of independent expenditure, the law also defines electioneering communications to cover expenditures for broadcasts made within 60 days of an election. Based on the amount of money spent and the size of the audience of the broadcast, separate and additional disclosure reports may be required for electioneering communications.

The new law takes effect December 1.

The adjournment was the earliest date in 18 years.

The 107^th General Assembly will reconvene on Tuesday, January 10, 2012.

Photo of the Tennessee House Chamber by Ichabod on Wikipedia.

Reaction to the leaked draft presidential executive order requiring vendor disclosure of political contributions has been increasing. A hearing was held in the House last week to examine the proposed executive order, with testimony being presented from various witnesses.

The U.S. Chamber of Commerce, writing on behalf of a coalition of more than 80 business groups and trade associations, has strongly protested the proposed executive order, stating, “American businesspeople should not be forced to limit the exercise of their constitutional rights under a new and oppressive regulatory scheme.”

More than 30 public-interest groups have signed a letter in support of the draft executive order, writing, “In order to keep in check actual or perceived corruption in government contracting, it is imperative that there be full disclosure of campaign contributions and expenditures by federal government contractors.”

If the draft presidential executive order were to be signed, it would be effective immediately, requiring 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.

Photo of the U.S. Chamber of Commerce courtesy of APK on Wikipedia.

Members of the Miami-Dade Ethics Commission will have 39 applicants to choose from when replacing current Executive Director Robert Meyers, who is resigning his position after 12 years with the commission.

Included in the 39 applicants, among other professions, are two retired former Miami-Dade prosecutors, a former assistant attorney general, an assistant public defender, and a former daytime television judge.

The commission is expected to narrow the list of candidates at their upcoming meeting on May 26, 2011. After narrowing the list, interviews of the finalists will take place and a new executive director is expected to be named during the summer.

Most of us have become accustomed to offering our preferences and opinions on social networks. We have the “like” button on Facebook for the updates our friends share – pictures, news, and videos. On YouTube, you can mark a video as a favorite. You can share it, flag it, add it to a playlist, and leave your comments on it.

This week, YouTube launched YouTube Town Hall, a place where you can watch videos created by members of Congress. They are speaking on topics such as the budget, energy policy, education, health care, the economy, and the war in Afghanistan.

Like everywhere else in social media, you can weigh in your opinion “supporting” a video’s message by clicking the support button. You can also share videos with your friends. YouTube’s Town Hall page opens with the motto: “Watch the debates. Choose your side.”

The videos can be viewed in debate mode, with two videos (offering opposing messages) sitting side-by-side, or by what YouTube calls the “Leaderboard,” which ranks the videos from the ones getting top support down to the least supported.

You can even ask questions on policy. If enough people give your question a “thumbs up,” it may become one of the top-rated and selected each month to be answered by a member of Congress!

I am keenly interested to see whether this will catch on. Is this the town hall of the future? Could it reshape the way we conduct campaign debates? Let’s see!

Have a good weekend.

Governor Lincoln Chafee has sent letters to the directors of Rhode Island’s 17 quasi-public agencies requesting, among other things, they terminate non-critical contracts with lobbyists. He is also requesting any procurement activities by these agencies be open and transparent, instructing the agencies to post all procurement rules and regulations applicable to each agency’s contract practices on a public website.

Governor Chafee indicates the purpose of the letters is to help find cost reductions that are available through increased efficiency and productivity, stating, “Under my appointment authority I take very seriously the responsibility of placing highly qualified individuals who strive to ensure value in the services provided by our quasi-public agencies.”

Some of the quasi-public agencies include the Rhode Island Industrial-Recreational Building Authority, the Rhode Island Airport Corporation, and the Rhode Island Health and Educational Building Corporation.

John Cozine, Research Manager for State and Federal Communications, shared a fun fact with me today. He told me he went to Junior High and High School with Reince Priebus, the Chairman of the Republican National Committee (RNC).

It is true; I saw the yearbook picture as proof. But I wouldn’t want anyone to put my Junior High picture on the internet, so I decided to opt for kindness and go with a more current photo.

Reince Priebus was elected Chairman of the RNC on January 14, 2011. You can find his blog here on the RNC website.

Photo of Reince Priebus courtesy of Wispolitics.com on Wikipedia.

The three reissued executive orders include a ban on political contributions to the mayor from the owners of companies that do business with the city, an order requiring city employees to comply with hiring oversight rules, and an order reaffirming that it is the duty of every city employee to report wrongdoing to the inspector general.

The first new executive order prohibits new appointees from lobbying city government for two years after leaving the administration, bars lower level employees from lobbying the departments or agencies in which they work, and bars appointees to boards and commissions from lobbying the board or commission on which they sit.

The second new executive order protects city employees from being pressured to give gifts or make political contributions to their superiors.

The third new executive order prohibits city lobbyists from making political contributions to the mayor.

Following a report by the Colorado Springs Gazette noting mayoral runoff candidate Steve Bach had failed to include the occupation and employer of his contributors, which is required by state law, Young informed the newspaper Bach would have to file the missing information.

Young reversed her decision the next day, however, by calling the disclosure of the information “optional” due to the fact Colorado Springs election law trumps state election law and there is no specific requirement for reporting the information on the reporting forms.

This is not the first time confusion has entered into the campaign finance requirements concerning the mayoral election. In February, candidates received conflicting information about the legality of direct corporate contributions. The Colorado Springs City Council eventually adopted a resolution permitting the contributions in order to clarify the issue.

Photo of the Colorado Springs City Hall by David Shankbone on Wikipedia.

The 8^th Circuit Court of Appeals has affirmed a decision of the District Court which upheld a new Minnesota law that revealed political donations from several corporations. The law was enacted in May of 2010 after the U.S. Supreme Court ruling in Citizens United freed businesses to spend corporate money on elections, overturning restrictions on corporate political spending in about half the states, including Minnesota. Minnesota lawmakers responded by enacting disclosure requirements to publicize corporate campaign spending.

In affirming the decision, the 8th Circuit Court of Appeals disagreed with claims that Minnesota’s disclosure requirements effectively prohibit corporate independent expenditures and impose burdensome regulations that inhibit free speech.  The Court continued that Minnesota’s regulations are similar to laws upheld by the Supreme Court and the regulations on corporate independent expenditures are less burdensome than federal regulations on PACs.

Roll Call published an article today for those who are interested in how technology is affecting government, campaign finance, and elections. In a piece called “Members launch personal apps,” Melanie Zanona discusses how Members of Congress are beginning to embrace the use of smartphone apps. What started out as a new communication opportunity could become an important fundraising tool in the upcoming elections.

According to the article, U.S. Rep. Bob Latta (R-Ohio) was the first to come up with an app last year so that he could stay in touch with his constituents. It also says the past year has seen 16 Members now offering mobile apps, most of them being Republicans.

Apps are being used to give people quick access to news, voting records, to social media platforms, and to photos.

Senate Majority Leader Harry Reid’s campaign site has an app that allows people to donate to his campaign.

At the end of the article, they have a list showing the categories of apps and the names of the legislators who offer them.