The first of numerous recent changes to Quebec’s campaign finance law has gone into effect with the turn of the calendar into 2011. Touted as the first major reform in financing Quebec’s political parties since 1977, Assembly Bill 113 effectively lowered the contribution limit a voter may contribute to a party or candidate from $3,000 to $1,000 effective on January 1, 2011. Additional changes are set to take effect on May 1, 2011.

Included in these changes is a requirement for all contributions to first pass through the province’s Chief Electoral Officer, who will then distribute the contribution as directed. Further, in an effort to prevent companies from making contributions in the names of employees, all persons making a contribution will now be required to declare the contribution is made out of the person’s own property and voluntarily.

Finally, additional penalties have been created, including a prohibition for three years on the ability of any natural or legal person convicted of a campaign finance offense to acquire a public contract.

Photo of Québec City by Martin St-Amant on Wikipedia.

One of the pages of the U.S. Senate Web site lets you have a seat at the Senate Chamber desks. Rich with artistry and history, the Senate Chamber Desks site is smart a virtual tour.

Following the “Burning of Washington” in the War of 1812, in which the U.S. Capitol Building was partially damaged, there was a re-building of the Capitol. The new Senate Chamber needed to be refurnished, so in 1818  Vice President Daniel Tompkins hired cabinet-maker Thomas Constantine to construct 48 mahogany desks and armchairs:

“The Senate purchased 48 mahogany desks for its chamber in 1819, adding desks as new states joined the Union. To date, more than 1,600 senators have occupied these historic desks.”

The desks have been altered over the years to meet the senators’ needs. Writing boxes were added to the top of the desks. Microphones and speakers underneath were added in the 1990s to assist senators in hearing the floor proceedings.

On the Senate Chamber Desks Web site, you can find out about how the desks are numbered, and how the seating arrangement is decided with the beginning of each new Congress.

The history you will find here is priceless: There is the time during the Civil War that Isaac Bassett (who worked in the Senate Chamber) had to stop Federal soldiers from chopping Jefferson Davis’ desk to bits for being a traitor. Did you know that many senators have been carving their names in the desk drawers since the early 1900s? One inscription in the desk of South Carolina Senator Strom Thurmond noted that he “spoke 24 hrs. 18 mins. from this desk in 1957,” commemorating his record-breaking filibuster against the Civil Rights Act.

There is also the fun and famous “Candy Desk,” a tradition started in 1965 by Senator George Murphy of California as a service to his fellow senators. According to the site, the tradition has carried on: “In every Congress since that time a candy desk has been located in the back row of the Republican side, on the aisle and adjacent to the Chamber’s most heavily used entrance.”

Enjoy this look into the Senate Chamber! And with that I bid you good day.
The photos used here are courtesy of the U.S. Senate Web site.

State Senator Kathy Stein has introduced legislation to make Kentucky a “no cup of coffee” state. The bill would reduce lobbyist’s annual expenditure ceiling from $100 per year on a state official to absolutely nothing.

Additionally, the proposed ethics law would extend Kentucky’s prohibition on lobbyists making campaign contributions during a legislative session to the lobbyists’ employers and to PACs.

Photo courtesy of Julius Schorzman on Wikipedia.

Senate Bill 75, introduced to the Legislature on the first day of session, seeks to reinstate the state’s campaign contribution limits.  The bill limits contributions to $2,000 for statewide office, $1,000 for state senators, $500 for state representatives, $325 for any other office if the population is under 100,000, $850 if it is between 100,000 and 250,000, and $1,275 if the population is more than 250,000.

The bill also alters the state’s revolving door provision by preventing legislators from becoming lobbyists for two years after leaving office.

Photo of the Missouri State Capitol by Visitjeffersoncity on Wikipedia.

The American Bar Association’s Task Force on Federal Lobbying Laws has issued a report recommending several changes to existing federal lobbying laws. The Task Force proposes broadening registration requirements for lobbyist by eliminating the current twenty percent rule, the threshold amount of time devoted to lobbying required before triggering registration.

The Task Force also recommends disclosing outside lobbying support by other firms and individuals, including details of compensation, specific identities of those involved, and short narrative summaries of the work performed. Lobbying support would be defined to include monitoring legislative and administrative developments related to lobbying goals, strategic advice, polling, and other activities. Additionally, in some situations, the lobbying support entity would be required to file disclosures.

The report includes other recommendations including strengthening the regulation of lobbyist participation in political fundraising.

The report by the Task Force on Federal Lobbying Laws has not been approved by the Council of the Section of Administrative Law and Regulatory Practice, the House of Delegates, or the Board of Governors of the American Bar Association.

Photo of the American Bar Association building in Washington, D.C. by AgnosticPreachersKid at enwikipedia.

The Houston City Council is expected to consider a new ethics ordinance this week wherein attorneys would no longer be able to lobby city officials under the guise of performing legal work. The ordinance would require all persons lobbying to register as lobbyists or face criminal penalties.

Further, changes would also be made prohibiting city officials from accepting or soliciting gifts from parties seeking to do business with the city.

Photo of Houston City Hall by Daniel2986 on Wikipedia.

Prince George’s County Executive Rushern L. Baker is proposing the General Assembly pass an ethics law prohibiting local council members from reviewing land use cases where there has been no appeal. Currently, when a planning board has decided an outcome, and there is no appeal by either the developer or the resident, the council can still choose to ‘call’ up the case. Baker wants to prevent this procedure because the purpose may be to seek concessions from developers.

Baker is also proposing they pass legislation similar to what has already been proposed by Delegate Justin Ross, requiring local officials to recuse themselves from voting on building projects if a developer contributed to a shared campaign account affiliated with the official. Presently, local leaders may vote on land use projects while indirectly receiving political contribution from these developers through accounts shared with General Assembly candidates.

An Advisory Committee on Campaign Finance created by Attorney General Douglas F. Gansler has issued a report recommending changes to the state’s campaign finance laws. Among the 25 recommendations are treating LLC clusters and all other legal entities with common ownership or control as single entities for contribution limit purposes, requiring disclosure from any non-political party group making independent expenditures for the election or defeat of a candidate, and requiring loan-related violations of campaign contribution limits to be assessed against candidates as well as lenders.

The committee suggested further study for issues regarding how campaign finance laws apply to “new media,” including requiring the reporting of sub-vendor information, to prevent covert campaigning by candidates and their committees through anonymous sources.

There is a great deal of discussion surrounding what this new Congress will bring. There has also been some attention surrounding the oath of office, with two House Members apparently voting without having attended the official swearing-in. Here is a nice piece by Politico describing the situation.

The United States Senate Web site offers a great history of the oath of office. On the Web site of the Office of the Clerk of the United States House of Representatives, there is also a description of the oath for House Members. For those who need a refresher, you will find a nice primer on the U.S. Senate Web site called, “What Happens When a New Congress Begins.”

Article 6 of the U.S. Constitution states that “members of Congress shall be bound by an oath to support the Constitution.” But it does not offer a text for such an oath. From the first congress in 1789, the oath that was used was short and simple: “I do solemnly swear (or affirm) that I will support the Constitution of the United States.”

For many years, this oath was deemed sufficient. But the oath we are accustomed to hearing is much longer and goes as follows:

“I, (name of Member), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

The Senate Web site describes the reason for the change that occurred over 70 years after that first congress:

“In April of 1861, a time of uncertain and shifting loyalties, President Abraham Lincoln ordered all federal civilian employees within the executive branch to take an expanded oath. When Congress convened for a brief emergency session in July, members echoed the president’s action by enacting legislation requiring employees to take the expanded oath in support of the Union. This oath is the earliest direct predecessor of the modern oath.”

In honor of the 112th Congress, here is a link to C-Span’s coverage of the 112th Congress. Have a wonderful weekend!

Photo of Vice President Richard Nixon administering the oath of office to Senator Gale McGee in 1959, and the United States Senate in session in their new chamber (1859) courtesy of the U.S. Senate Web site.

Ronald DeFilippis, Chairman of the Election Law Enforcement Commission, revealed the upcoming plans for the commission, including the intention to have electronic filing available for quarterly and annual lobbyist reports by 2012. Writing in the latest ELEC-Tronic Newsletter, the monthly informational bulletin from the commission, the chairman noted the “staff is working to create the hardware and software components” to implement the new filing system.

The commission also intends to enhance its candidate and treasurer training, introducing instructional videos and making training available online, and to simplify the language in their lobbying and campaign finance law compliance manuals.

Q. Once I complete my lobbyist registration, what other obligations do I have in my state?

A. Filing lobbyist and/or principal disclosure reports is the bare minimum requirement in many states.  In addition, you may be required to obtain an ID badge.  Some states require mandatory lobbyist training on a regular basis.  Most often, this can be done online.  To date, the states requiring this are: Alaska, California, Illinois, Louisiana, Maryland, Massachusetts, Tennessee, Utah, and West Virginia.

Many states have different gift law limitations for lobbyists.  For example, in Texas lobbyists are permitted to give gifts of $500 or less, while public servants may accept non-cash item of less than $50 from non-lobbyists.

In addition to reporting requirements, states may require pre- or post-notification to officials when an expenditure has been made on his/her behalf which is disclosed on a lobbying report.  In Illinois, a lobbyist who makes an expenditure on behalf of an official must inform him/her, in writing, at the time the expenditure.

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.

Amber Fish Linke is the Compliance Manager for State and Federal Communications, Inc.

All of the legislatures, even those that do not meet every year, are in session in 2011.  Thus, it is important to know the registration obligations for your lobbyists in all of the jurisdictions in which they will be active.  The most important pieces of information you need to know are whether they will need to register and when the registration will need to be filed.  Many jurisdictions have a threshold, based on expenditures, salary, or time spent lobbying, that needs to be crossed before registration is required.  Depending on your situation, you may not need to register if your lobbying activities will be minimal.  Many other jurisdictions, however, have no threshold and will require registration before or within a certain amount of time of your lobbyist engaging in lobbying.

This brings up an important point:  it is crucial that you understand what activities comprise lobbying in the jurisdiction.  A lobbyist may meet the definition of “lobbyist” before contact is even made with an official.  And do not forget that once registered, you will have ongoing reporting requirements.  Illinois and Georgia, in particular, will have more frequent reporting than in past years. (more…)

City Council has approved a ballot measure proposed by the Los Angeles Ethics Commission creating a ban on pay-to-play contributions.

If passed on March 8, the Charter amendment will prohibit companies bidding on city contracts from giving campaign donations to city candidates.

Companies found in violation of the ban would be barred from doing business with the city for one to four years.

Photo of the Los Angeles financial district by Bobak on Wikipedia.

The Commission on Governmental Ethics and Election Practices has issued a memo outlining the agencies priorities for 2011.  The commission seeks to investigate possible violations of legislative ethics on its own, even if no formal complaint is filed.

The commission also wishes to enact regulations that restrict legislative candidates from using Clean Election money to buy computers, cell phones, and other electronic equipment and increase the fine for failing to include a disclaimer on campaign communications from a maximum of $200 to a maximum of $5,000.

The Great Seal of Maine courtesy of Wikipedia.