June 22, 2011 •
Ethics Reform Bills to Be Introduced
Bills Address Campaign Finance Reporting and Official Vehicle Use
District of Columbia Councilman Tommy Wells has announced that he will introduce three ethics reform bills to address recent ethical issues raised in the district council.
The Campaign Finance Accountability and Reform Amendment Act of 2011 establishes reporting requirements to the Office of Campaign Finance for contributions and expenditures related to transitions and inaugurations and prohibits the bundling of corporate contributions.
The Campaign Finance Reporting Amendment Act of 2011 alters the financial disclosure reporting schedule to coincide with the new primary election date of the first Tuesday of April in an election year.
The Government Vehicles and Fleet Management Rationalization Amendment Act of 2011 prohibits the procurement of “luxury-class” vehicles and freezes the current fleet size.
June 21, 2011 •
Louisiana Bill Reduces Public Contract Amounts
10%
A Louisiana House bill now in the Senate would reduce some public contracts by ten-percent for fiscal year 2011-2012.
As originally introduced, House Bill 15 would require a ten-percent reduction in the total dollar amount for professional, personal, and consulting service contracts. House and Senate amendments, both concerned about the bill negatively affecting some social services, delete references to professional and personal services, limiting the focus to consulting services.
Under the bill, new contracts with the state could not exceed the reduced dollar amount determined by existing contracts. Examinations of these contracts would fall under the jurisdiction of the Office of Contractual Review.
Photo of the Louisiana State Capitol by Richard Rutter on Wikipedia.
June 21, 2011 •
New Iowa Lobbyist Reporting Structure to Take Effect
Iowa will begin implementing its new lobbyist reporting structure on July 1, 2011.
All lobbyists, for both the legislative and executive branches will file their reports with the legislative branch. Executive branch lobbyists will not have to register with the legislature as legislative branch lobbyists. They will, however, have to register for the online reporting system used by the legislative branch.
The legislative branch will be sending a letter with directions and passwords for the new system to all registered executive branch lobbyists and their clients. The online system will open to executive branch lobbyists on July 1st, 2011.
June 20, 2011 •
News You Can Use Digest – June 20, 2011
Here are highlights from the latest edition of News You Can Use:
Federal:
Federal Election Commission Deadlocks on Greater 2012 Donor Disclosure
More Political Action Committees to Get ‘Super’ Powers?
U.S. Appeals Decision Overturning Ban on Corporate Donations to Candidates
Weiner Resigns in Chaotic Final Scene
From the States and Municipalities:
Colorado
Complaint Filed against Secretary of State Scott Gessler
Connecticut
Ethics Dispute Drained Local Budget of More than $630,000
Georgia
Shake-Up at Ethics Commission as Top Staffers to Exit
Hawaii
State Drops Campaign Gift Appeal
Massachusetts
DiMasi Found Guilty on Seven of Nine Counts in Kickback Scheme
No Fault Found in House Incident
Nevada
Justices Rule on When Lawmakers Should Recuse from Issues
New York
Ethics Clears Legislative Hurdles
Report: Grassroots lobbying in N.Y. skyrockets since 2008
Pennsylvania
Lawyers, Chamber of Commerce Oppose City’s Broad, New Lobbying Disclosure Law
Wisconsin
Wisconsin’s Union Law That Cuts Bargaining Powers to Take Effect Following Supreme Court Ruling
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.
June 16, 2011 •
Facebook’s Bid for an Exception
Latest news from the FEC regarding political campaign ads on Facebook.
At a meeting yesterday, the Federal Election Commission discussed Facebook’s request for a waiver from being required to have disclaimer statements revealing who paid for political ads that appear on its social network.
According to the FEC site, “The Commission discussed and voted on two draft Advisory Opinions but did not reach consensus on either draft. In its request, Facebook asked whether its small, character-limited ads qualify for the ‘small items’ or ‘impracticable’ exceptions from the disclaimer requirements of the Act and Commission regulations.”
According to the FEC, an “impracticable exception does not apply to Facebook’s ads” because Facebook determines the size of the ads itself and is not limited in space by the medium. The commission says there are technological solutions for providing the necessary disclaimers. Citing the California Fair Political Practices Commission‘s regulations regarding ads, the FEC said the solution may be found by using “roll-over displays,” placing disclaimers on landing pages, or by “other technological means.”
The Hill reported today on the issue in: “Both parties back Facebook’s request for waiver on campaign ads” by Gautham Nagesh. As the article points out, “Facebook will continue to sell ads to candidates and campaigns and … [c]andidates such as President Obama have already begun running campaign ads on the ubiquitous social network.”
Here is the FEC page with links to the advisory opinion drafts.
June 16, 2011 •
Obama and Google
Did the Obama re-election campaign get a special deal from Google?
Politico reported today that questions are being raised over whether Google has given President Barack Obama’s re-election campaign a special advertising deal using a new online advertising program scheduled to debut this fall.
The National Republican Senatorial Committee said it contacted Google when it saw an Obama ad and inquired about creating their own ad with the company. They claim a Google representative told them the Obama campaign received a “special deal” and that they would have to wait for the beta version to participate. Google denies the ad in question was using their new advertising system and said the Obama campaign received no such special deal.
Here is the Politico article: “Google denies special deal for Barack Obama” by Byron Tau and Ben Smith.
June 15, 2011 •
One PAC Is Enough
Two Bank Accounts
A Federal District Court judge has issued an injunction preventing the Federal Election Commission (FEC) from enforcing some campaign contribution limits against a political action committee planning to solicit and accept unlimited contributions.
As a single committee, the National Defense Political Action Committee (NDPAC) intends to contribute directly to candidates and political committees, and to make independent expenditures, separating the funds by using two separate bank accounts. It would maintain the statutory limits on the solicitation of funds used for direct contributions while simultaneously seeking unlimited funds for use in their independent expenditures.
The FEC had been unable to issue a binding resolution to an earlier NDPAC advisory opinion request.
In Carey v. FEC, United States District Judge Rosemary M. Collyer ruled the FEC may not enforce 2 U.S.C. §§ 441a(a)(1)(C) and 441a(a)(3), which outline contribution limits for political committees and candidates, against NDPAC with regard to independent expenditures as long as NDPAC maintains separate bank accounts, proportionally pays related administrative costs, and complies with the applicable monetary limits of each type of contribution.
The FEC maintained NDPAC should establish a second formal committee.
June 15, 2011 •
Pay Fines and File or No Lobbying in South Carolina
New Law
Lobbyists and lobbyist’s principals can no longer register, reregister, or continue to be registered in South Carolina if they have outstanding late filing penalties.
House Bill 3183, which Governor Nikki Haley recently signed into law, prohibits the State Ethics Commission from allowing delinquent lobbyists and lobbyist’s principals to participate in lobbying until the fines and filing have been remedied.
The bill also delineates what the fines and penalties are for late filing. Persons filing late are first fined $100 if a report is not filed within 10 days of the due date. After receiving notice by certified or registered mail that a required report has not been filed, there is a $10 a day fine for the first 10 days after receiving the notice. The fine increases to $100 a day for each additional day the required report is not filed, capping at $5,000.
If the report is still not filed, the offender faces an additional misdemeanor conviction with imprisonment or fines.
Flag of South Carolina courtesy of mapsof.net.
June 15, 2011 •
Oregon Bill Caps Filing Penalties
Political Contribution Reporting
A bill which establishes a cap of $5,000 per calendar month on civil penalties for failure to file statements or include required information has passed the Oregon House Committee on Rules.
Senate Bill 270 removes “unfulfilled pledge, subscription, agreement or promise to make contribution” from the definition of contribution.
Additionally, the bill, which passed the Senate in March, also changes the period for assessing civil penalties for violations of campaign finance reporting requirements.
The bill leaves the committee for a full house vote.
June 15, 2011 •
San Diego Releases Final Version of 2012 Committee Manual
Manual Addresses Changes to Campaign Finance Laws
Pursuant to the city of San Diego’s Election Campaign Control Ordinance, the San Diego Ethics Commission has released the final version of the 2012 Committee Manual.
The manual addresses the recent changes to San Diego’s campaign finance laws and how they will impact each type of committee required to make a report in the 2012 election year.
Issue Committee Threshold Central to New Colorado Complaint
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.”
June 14, 2011 •
Old Glory
The whole inspiration of our life as a nation flows out from the waving folds of this banner. ~Unknown Author
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
June 13, 2011 •
Alabama Legislature Adjourns
Bill Sent to Governor
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.
June 13, 2011 •
Ninth Circuit Issues Opinion in Thalheimer v. City of San Diego
Campaign finance news from San Diego
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.
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