Colorado Common Cause and Colorado Ethics Watch have filed a complaint against Colorado Secretary of State Scott Gessler alleging Gessler illegally “exceeded his authority to administer and enforce campaign finance laws by dramatically increasing the constitutional threshold for regulation of issue committees.”

At issue is Gessler’s recent adoption of Campaign and Political Finance Rule 4.27, which increased from $200 to $5,000 the threshold at which an issue committee must register and report. The $200 threshold, set by the Colorado Constitution, was found to be too burdensome in the recent Colorado case of Sampson v. Buescher. However, the issue of whether the court determined the $200 threshold to be unconstitutional, as Gessler contended to be the case in a statement released concerning the increased threshold, is central to this action.

“The Secretary is under the mistaken impression that he has authority to rewrite campaign finance laws, not merely make rules to enforce those laws,” said Luis Toro, Executive Director of Colorado Ethics Watch. “Disclosure thresholds are clearly not within the authority of the Secretary of State to change.”

The week of June 14 each year is designated as “National Flag Week.” This year, President Obama is expected to issue a proclamation encouraging citizens to fly the American flag. Usually, the flag is also displayed inside and/or outside all government buildings for the duration of National Flag Week. Some organizations and cities hold parades and events in celebration of our flag and what it represents.

Today, it seems more appropriate to quote others in our nation’s history to show how they have been inspired by our national flag. Our flag gives a sense of promise, hope, and pride—something that the below quotes exemplify.

I am whatever you make me, nothing more.  I am your belief in yourself, your dream of what a people may become…. I am the clutch of an idea, and the reasoned purpose of resolution.  I am no more than you believe me to be and I am all that you believe I can be.  I am whatever you make me, nothing more.

~Franklin Knight Lane

We do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that this cherished emblem represents.

~Justice William J. Brennan, Majority U.S. Supreme Court Decision, July 3, 1989

That piece of red, white and blue bunting means five thousand years of struggle upwards.  It is the full-grown flower of ages of fighting for liberty.  It is the century plant of human hope in bloom.

~Alvin Owsley

The flag of the United States has not been created by rhetorical sentences in declarations of independence and in bills of rights.  It has been created by the experience of a great people, and nothing is written upon it that has not been written by their life.  It is the embodiment, not of a sentiment, but of a history.

~Woodrow Wilson

You’re the emblem of
The land I love.
The home of the free and the brave.
~George M. Cohan

Cheers for the sailors that fought on the wave for it,
Cheers for the soldiers that always were brave for it,
Tears for the men that went down to the grave for it,
Here comes the flag!
~Arthur Macy, The Flag

I name thee Old Glory.

~Captain William Driver, said upon the hoisting of a large American flag

The union of hearts—the union of hands—and the flag of our Union forever.

~George Pope Morris

Quotes from: Quotegarden.com and Freerepublic.com

The Alabama Legislature adjourned on June 9, 2011.

Before adjourning, the legislature passed House Bill 0058 which requires public officials, spouses of public officials, candidates for public office, and spouses of candidates for public office to disclose employment or contracts with the state and federal government.

The bill has been sent to the governor for signature.

Photo of the Alabama State Capitol by Jim Bowen on Wikipedia.

The U.S. Court of Appeals for the Ninth Circuit has issued an opinion in Thalheimer v. City of San Diego. The Court upheld San Diego’s prohibition on political contributions to candidates, political parties, and political action committees by non-individual entities such as corporations and labor unions.

The district court’s injunction of the prohibition on non-individual entity contributions as it applies to political party contributions to candidates was affirmed.

The Ninth Circuit further upheld San Diego’s law prohibiting contributions to candidates outside of a 12 month pre-election window.

The district court’s decision to preliminarily enjoin a $500 limit on contributions to political committees that make only independent expenditures, which includes contributions by individual and non-individual entities was affirmed.

The law repeals Puerto Rico’s previous election code and is effective immediately. The new election code creates a State Commission of Elections which will oversee all election and campaign finance rules and regulations.

The legislature has indicated that they are currently working on updating the campaign finance provisions which will create the Law for the Financing of Political Campaigns in Puerto Rico.

Photo of the Capitol of Puerto Rico by Mtmelendez on Wikipedia.

As part of the Governor’s Entrepreneurial Business Conference, Governor Jack Markell unveiled a new website to expedite the process of doing business with the state.

The new website http://mymarketplace.delaware.gov, serves as a single information source for the entire procurement process.

The website was developed by Delaware’s Office of Management and Budget to combine information from different sources regarding vendor registration, bidding procedure, and bid solicitation.

Federal:

A Weiner Ethics Case Would Cover Uncharted Ground

Virginia Federal Judge Rejects Government Request to Reconsider on Donations

Democrat or Republican, National Party Committees Reap Campaign Riches from Registered Lobbyists

From the States and Municipalities:

Alabama

Big Names in Alabama Politics Set for Bingo Trial Opening

District of Columbia

D.C. Attorney General: Council’s Thomas diverted public funds

Michigan

Koch-Backed Group’s Fake Eviction Notices Rile up Detroit

Nevada

Rory Reid to Pay $25,000 Fine in PAC Case

New York

Bill Not a Feast but Lunch is OK

Cuomo and Legislative Leaders Strike Deal on New Ethics Rules

N.Y. Finds a Growth Industry in Ethics Enforcement

Ohio

House Cozy with Charter School Lobby

Texas

Dallas City Council Rolls Back Some Changes to Ethics Ordinance

Washington

Former Evergreen Professor Fined $120,000 in Largest-Ever Ethics Penalty

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.

State and Federal Communications is sponsoring a Women in Government Relations (WGR) breakfast on Wednesday, June 22, 2011 in Washington, D.C.

The event will feature Catherine Hunter, Vice Chair of the Federal Election Commission, and will be presented by the WGR’s PACs, Politics and Grassroots Task Force.

State and Federal Communications President and CEO Elizabeth Bartz and Federal Compliance Associate Rebecca South will be attending.

Registration information is available on the Women in Government Relations event page.

For this week’s Highlighted Site of the Week, we visit the online exhibit for “The American Presidency: A Glorious Burden” at the Smithsonian Institution’s National Museum of American History.

The museum’s website describes the actual “in-real-life” exhibit with these words: “This exhibition explores the personal, public, ceremonial and executive actions of the 43 men who have had a huge impact on the course of history in the past 200 years. More than 900 objects, including national treasures from the Smithsonian’s vast presidential collections, bring to life the role of the presidency in American culture.”

Fascinating Facts – Trivia abounds on The American Presidency site. Did you know Rutherford B. Hayes’ (1877-1881)wife Lucy was the first president’s wife to be called “first lady?” Did you know John Tyler (1841-1845) was the first president to use “Hail to the Chief” at official and diplomatic occasions to mark the chief executive’s arrival?

Life and Death in the White House – With the online exhibit, you can have fun exploring pictures of many of the historic items, like the hat President Lincoln was wearing the night he was shot. You’ll also find lighthearted items like President Warren G. Harding’s silk pajamas and the red “Flapper” evening dress worn by First Lady Grace Coolidge.

Communicating the Presidency – The American Presidency shows us the ways the office of the presidency communicated with the people before Facebook and Twitter – from horseback to telegraph, newspaper, radio, and television.

This site will even help you plan a visit to the actual museum.

Treasures in The American Presidency include campaign memorabilia; a list of the military service of the presidents, a long list of presidential biographies, and a little game called “All the President’s Children,” where you must match the picture of a president’s child with the correct description.

They have done a nice job with this exhibit.

Have a terrific weekend everyone!

Governor Jan Brewer has called the Legislature to begin a special session on Friday, June 9, 2011.

The purpose of the special session is to extend unemployment benefits for the state’s jobless.

Yesterday, the judge who ruled corporations may contribute directly to federal candidates reaffirmed his decision, but held it only applies in the criminal case before him. Federal District Judge James C. Cacheris continues to find the “logic remains inescapable” that the Supreme Court’s ruling in Citizens United dictates corporations have the same contribution rights as human beings.

The judge writes: “Again, for better or worse, Citizens United held that the First Amendment treats corporations and individuals equally for the purposes of political speech. This leaves no logical room for an individual to be able to donate $2,500 to a campaign while a corporation … cannot donate a cent.” However, his decision states the “flat ban on direct corporate contributions to political campaigns is unconstitutional as applied to this case, as opposed to being unconstitutional as applied to all corporate donations.”

After reviewing the possible impact of his decision in US v Danielczyk, and the unaddressed political contribution issues since the Citizens United decision, the judge characterizes his ruling by concluding it “adds a small drop to what is already a very large bucket.”

This blog post updates a previous article, “Corporate Contribution Ban Found Unconstitutional” by George Ticoras on May 27.

The New York Governor’s Office has released the ethics bill created by the agreement between legislators announced last Friday.  The bill, which had previously been titled the Clean Up Albany Act of 2011, will be known as the Public Integrity Reform Act.

Chiefly, the bill establishes an independent Joint Commission on Public Ethics and enhances disclosure requirements by requiring state employees to disclose income from outside sources and names of clients. The Joint Commission on Public Ethics will have jurisdiction over all elected state officials and their employees in the executive and legislative branches, as well as lobbyists.

The bill provides the Joint Commission on Public Integrity must create an online ethics training course for registered lobbyists with a specific curriculum regarding the public officers’ law and ethics to be completed every three years. Additionally, the bill requires the disclosure by lobbyists of any reportable business relationship of more than $1,000 with public officials.

The definition of “widely attended” event is altered to include any event where 25 or more people other than legislators, officials, or government employees attend and which is related to the attendee’s duties or which allows the public official to perform a ceremonial function.  The bill also allows officials to accept food or beverage valued at $15 or less.

The bill increases penalties for violations of the filing requirements and contribution limits and provides for a special enforcement proceeding in the Supreme Court.

The bill must age three days after its introduction and then can be voted on by the Legislature. The Legislature will recess today until next Monday, making adoption possible next week.

The President of the Council on Reorganization and Modernization of the Executive Branch has announced a plan to restructure Puerto Rico’s procurement processes.

Entitled the Reorganization Plan of the Administration of General Services, the plan aims to make the procurement process a more efficient, just, impartial, and transparent process.

Coat of Arms of Puerto Rico by HansenBCN on Wikipedia.

The 76^th session of the Nevada Legislature ended its scheduled 120 day assembly on June 6.

Upon receiving any remaining bills which have passed, Governor Brian Sandoval has 10 days to veto or sign the legislation.

Closeup photo of the Nevada State Capitol is from a photo by Dave Parker on Wikipedia.