August 13, 2010 •
San Diego County to Publish Campaign Contributions Online
The San Diego County Registrar of Voters plans to launch an online database of campaign contributions in time for the November election.
Until now, those interested in finding out how much candidates for regional office had raised and where the money came from had to take a trip to the registrar’s office, pour through paper records, and pay photocopying fees.
Assistant Registrar Michael Vu says the county has earmarked $100,000 for a contract to put the information online. The Registrar plans to have the first batch of disclosures on the site in October.
You can read more about the San Diego County Registrar of Voters at their Web site.
August 13, 2010 •
Ohio Supreme Court: Judicial candidates may seek contributions
The Supreme Court of Ohio has amended the Ohio Code of Judicial Conduct regarding rules governing the solicitation of campaign contributions by judicial candidates.
Rule 4.4 continues to bar judicial candidates from personally receiving or soliciting campaign contributions, but, under the revisions announced Wednesday, two new exceptions are available to judicial candidates. First, a judicial candidate may make a general request for campaign contributions when speaking to an audience of twenty or more persons. Second, a judicial candidate may sign letters soliciting campaign contributions if the letters are for distribution by the judicial candidate’s campaign committee and the letters direct contributions are to be sent to the campaign committee and not the judicial candidate.
The Justices voted 4-1 to amend Rule 4.4 with Justice Paul Pfeifer voting no and Chief Justice Eric Brown and Justice Judith Ann Lanzinger not participating as both are on the ballot this November. The Supreme Court’s move took place in response to a U.S. Sixth Circuit Court of Appeals ruling which struck down similar rules for judicial candidates in Kentucky.
Here is the text from the announcement on the Ohio Supreme Court Web site:
The amended solicitation rule continues to bar judicial candidates from personally soliciting or receiving campaign contributions, but establishes two new exceptions to the personal solicitation ban. … Those exceptions are:
- “A judicial candidate may make a general request for campaign contributions when speaking to an audience of twenty or more individuals;”
- “A judicial candidate may sign letters soliciting campaign contributions if the letters are for distribution by the judicial candidate’s campaign committee and the letters direct contributions to be sent to the campaign committee and not to the judicial candidate.”
The amendments to Rule 4.4 became effective on August 12, 2010.
Photo of the Ohio Judicial Center.
August 12, 2010 •
Nola Werren at CESSE
State and Federal Communications, Inc. was represented at organization’s annual meeting.
The Council of Engineering and Scientific Society Executives [CESSE] held its annual meeting in Pittsburgh from July 13 to July 16, 2010. CESSE is a professional society comprised of over 1,200 executives from 165 science and engineering societies, whose combined memberships total approximately four million. Some of CESSE’s members include the American Association of Artificial Intelligence, the America Association of Pharmaceutical Scientists, and the Society of Critical Care Medicine.
The objective of CESSE is to advance, in the public interest, the arts and sciences of the management of engineering and scientific societies. Essentially, CESSE is an “association of associations”….and therein lie the unique compliance challenges when it comes to government relations and grassroots activity.
I was invited to speak to those members attending the conference’s general management and public affairs program tracks. Not only did this include those individuals working in the company’s public affairs department, but also its senior executives.
At the federal level, the biggest concern for the group was compliance with the Lobbying Disclosure Act of 1995 [LDA], as amended by the Honest Leadership and Open Government Act of 2007 [HLOGA], along with federal lobbying restrictions by nonprofit organizations. In particular, I addressed the permissible monetary thresholds for lobbying expenditures by a 501(c)(3) nonprofit organization when making an election under Internal Revenue Code Section 501(h). Group discussion included questions regarding the difference between direct and grassroots communication, both at the state and federal level. Finally, no discussion about compliance would be complete without addressing the ethical disclosure obligations that accompany the vast array of state and federal gift laws.
Although no ninety minute presentation could ever include an in-depth, detailed discussion of state and federal lobbying regulations, the CESSE group walked away with a very comprehensive and practical overview. I’d like to take this opportunity to wish CESSE all the best for its 2011 annual meeting in Vancouver!
Photo of Nola Werren and Brad Smith of the American Chemical Society.
August 12, 2010 •
Highlighted Site of the Week – “The Highest Court in the Land”
Virtual tours, audio tapes, and shooting hoops at the Supreme Court.
I found another Web site where you can easily get lost reading for hours. Get a coffee and some cookies and head to the Oyez Project.
The Oyez Project describes itself as a multimedia archive devoted to the Supreme Court of the United States and its work.
Oyez.org has taken on the ongoing task of digitally hosting the audio recordings from the court. Recordings began in 1955. Many of the recordings previously were tucked away as reel-to-reel tapes in the National Archive. The Oyez Project is working to allow visitors the chance to listen to the recordings online.
You can find a thorough archive of Supreme Court cases ranging from Chisholm v. Georgia in 1793, all the way to Citizens United v. Federal Election Commission, and more recent cases, too. They have a tag cloud so you can browse cases by topic, or you can find cases by the year.
If you want a biography of a justice (past or present), the Oyez Project has it. You can even see a Youtube video of Sonia Sotomayor being sworn in as an Associate Justice of the U.S. Supreme Court.
I think the most fun feature of the Oyez Project is the virtual tour of the Supreme Court. From your computer, you can walk up the steps to the bronze doors at the entrance, and then go into the Great Hall, the courtroom, and even the Justice’s chambers! (Justice Ginsburg has a teddy bear on her side table and Justice Breyer has quite a book collection.)
If you have a fast internet connection, each room only takes a moment to load. The images are high resolution and beautiful. Just don’t move your mouse too fast, or you will get dizzy making the room spin around. Yes, I tried it.
What is not on the virtual tour, however, is a different “Highest Court in the Land.” Did you know there is a gym on the top floor of the Supreme Court building that houses a basketball court where justices, clerks, and assorted other players can shoot hoops? Our Research Associate David Dobo alerted me to this great secret.
Be sure not to play while court is in session, though, because that is prohibited!
Here is a fun read from the Los Angeles Times about the basketball court:
“Legal Eagles Tip Off in ‘Highest Court in the Land,” by Gina Holland, Associated Press.
Have fun!
Photo of the sign courtesy of Sharada Jambulapati.
August 11, 2010 •
Wisconsin G.A.B. Settles Issue-Ad Lawsuit
The Government Accountability Board (G.A.B.) has settled the lawsuit brought by One Wisconsin Now and Wisconsin Club for Growth over the board’s issue advocacy regulations.
Per the terms of a settlement reached Tuesday, the G.A.B. will not enforce regulations requiring groups who run issue ads to disclose their financing if the ads they paid for aired 30 days before a primary or 60 days before a general election. Now, only advertisements advocating the defeat or election of identified candidates will be regulated in Wisconsin.
U.S. District Judge William M. Conley is expected to approve the settlement ending the litigation on August 11, 2010.
Here is the statement from the G.A.B. Web site.
You can read the Wisconsin Department of Justice stipulation letter to Judge Conley, and the Stipulation and Proposed Order.
For more news: “State agrees to drop new campaign ad rules,” by Patrick Marley in the Milwaukee Journal Sentinel.
Photograph taken by Dori
August 11, 2010 •
New Code of Ethics for Broward County
After a long wait, Broward County, Florida has a new ethics law.
A contentious meeting of the Broward County Commission has resulted in a new code of ethics law for the county. The new law bars county commissioners and family members from accepting lobbyist gifts. It also establishes a new Office of Inspector General.
For more coverage of this breaking news:
“Broward Ethics Reform Passes After Shouting Match,” by Carey Codd at CBS 4.
“Gnashing of teeth, tongue-lashing, and ethics reform,” by Brittany Wallman in the South Florida Sun Sentinel.
August 11, 2010 •
Wisconsin Attorney General Issues Citizens United Opinion
State Attorney General J. B. Van Hollen issued a formal opinion on the impact on Wisconsin law of the recent U.S. Supreme Court decision in Citizens United v. Federal Election Commission.
Van Hollen explains, per Citizens United, any ban on corporate independent expenditures found in Wisconsin law violates the free speech and association guarantees of the First Amendment. The current prohibition found in Wisconsin law, however, banning the making and acceptance of corporate contributions was not reached by the Supreme Court and so it remains standing. Van Hollen goes on to explain Citizens United did not exclude issue advocacy from the scope of permissible reporting, disclosure, and disclaimer regulations which may be imposed by states like Wisconsin.
Finally, Van Hollen concurred with the recent efforts by the Government Accountability Board to suspend its enforcement of the corporate expenditure prohibition found in state law at Wisconsin Statutes § 11.38 (1)(a)(1) as those provision were clearly reached by the Citizens United decision. Attorney General Van Hollen’s opinion may be found at the Wisconsin Department of Justice’s Web site.
Photo of J.B. Van Hollen by WisPolitics.com on Wikipedia.
August 10, 2010 •
Nola Werren’s Impressions from NCSL 2010
Nola Werren, Esq., a Client Specialist at State and Federal Communications, Inc., manages the company’s C³ Consulting Services.
For the twelfth consecutive year, State and Federal Communications, Inc. exhibited at the National Conference of State Legislature’s Annual Legislative Summit. This year the conference was held in Louisville, Kentucky. We always find that our attendance at the conference is enriching and productive, even when some days start with a 7:30 a.m. team breakfast meeting and end with the SGAC Late Night event [which, by the way, is never a disappointment]!
However, this year stands apart from the rest in that I was invited to moderate one of the continuing legal education sessions. Entitled Citizens United v. FEC: Political Blockbuster?, the panel addressed the ruling in January by the United States Supreme Court that it is unconstitutional to bar corporations and labor unions from making either independent expenditures or electioneering communications. At NCSL’s 2010 Spring Forum held in Washington, D.C., in April, the group immediately saw the importance of including a session at the annual Legislative Summit to address the impact the Court decision will undoubtedly have on the states.
The panel was comprised of Ken Gross, a partner at Skadden, Arps, Slate, Meagher & Flom in Washington, D.C.; Jason Torchinsky, a partner at Holtzman Vogel PLLC, in Virginia; and Maryland Delegate Jon S. Cardin, who represents Maryland’s 11th District in Northwest Baltimore County. Disclosure requirements in light of the post-Citizens United political landscape were perhaps the most lively debated issue by the panel, and it could not have been more timely given the fact that within the hour after our panel adjourned, Senate Democrats failed to gather the 60 votes needed to overcome an expected filibuster of The DISCLOSE Act, Congress’ legislative response to the ruling in Citizens United.
Here is Nola Werren moderating the Citizens United Panel discussion at NCSL:
No recap of this year’s NCSL Legislative Summit would be complete without mentioning Ohio Night. The venue for the event was the LeRoy Neiman Gallery at the Muhammad Ali Center. Having grown up watching a lot of Sunday afternoon sports with my dad, I was quite familiar with LeRoy Neiman and his signature artistic style. He would usually start with a blank canvass at the beginning of, let’s say, a golf tournament, and by the end of the tournament, his abstract was complete and captured the essence of the event in all its vivid glory. Well, the gallery at the Muhammad Ali Center did not disappoint. Especially impressive were his renderings of the two Ali versus Liston fights for boxing’s world heavyweight championships.
Every year since 1999, our experience at the annual NCSL Legislative Summit seems to outdo the previous year. Next year’s summit in San Antonio will undoubtedly live up to that expectation….and who knows what “political blockbuster” might occur between now and then.
August 10, 2010 •
N.J. ELEC Posts Lobbyist Reports Online
Members of the public may now visit the Election Law Enforcement Commission (ELEC) Web site and read the actual scanned copies of financial activity reports filed by lobbyists in 2010.
The reports can be found at: www.elec.state.nj.us. They include detailed information reported to ELEC by lobbyists and the represented entities employing them. Among the details to be found in the reports are the names, contact information, salaries, and expenses for all lobbyists registered with ELEC.
In previous years, ELEC has provided summarized information contained in the annual lobbying reports. They were not available online until now.
In addition to the reports filed by represented entities such as corporations, unions, and trade associations, the annual reports filed by grassroots lobbying groups are also available. The reports detail the funds raised by grassroots groups through contributions, membership dues, and expenses associated with the group’s communication efforts.
ELEC’s reports show total lobbyist spending reached $57.6 million in 2009 with 1,001 lobbyists registered with the commission.
Map from the National Atlas of the United States.
August 9, 2010 •
Illinois Reporting System Set to Open
Illinois Secretary of State’s office announces due date for the first lobbyist expenditure report of 2010.
The Illinois Secretary of State Index Department has announced expenditure reporting requirements for the first half of 2010. Reporting for expenditures made on behalf of officials for the period of January 1 through June 30, 2010 opens on September 1, 2010.
Expenditures must be filed within 30 calendar days, or by September 30, 2010. The Index Department has announced they will publish an updated Expenditure Report Filing Guide available online on August 16, 2010. This guide is designed to assist filers with changes to the lobbyist laws.
Photo of Illinois Secretary of State Jesse White.
August 5, 2010 •
House Financial Services Committee Approves Shareholder Protection Act
The House Financial Services Committee has approved the Shareholder Protection Act of 2010 by a vote of 35-28.
H.R. 4790 requires any corporation making political expenditures must first amend its bylaws to require majority shareholder approval of any political expenditure in excess of $50,000. Corporations would also have to annually report all political spending over $10,000 to their shareholders.
The legislation authorizes the Securities and Exchange Commission (SEC) to require disclosure of all political expenditures made by a corporation as well as the individual votes of company board members who authorized the expenditures. Further, the measure requires the SEC to publish the disclosures on its public website. The measure now moves to the full House for consideration though the vote may not occur until after Congress returns from its August recess.
August 5, 2010 •
Highlighted Site of the Week – “Read My Pins”
The Madeleine Albright Collection is on exhibit until October 17.
The Smithsonian Institution Web site has a captivating page called “Read My Pins: The Madeleine Albright Collection.” On exhibit at the Smithsonian is the splendid pin collection of former Secretary of State Madeleine Albright. Apparently, Albright chose the pins she would wear for official events according to the message she wished to convey!
According to the Web site:
“During her service as ambassador to the United Nations, and then as U.S. Secretary of State, Albright came to understand how powerful a symbol an item of jewelry could be, and chose pins to reflect her diplomatic mission, reinforce her negotiating position or express her pride of country and office.”
On the site you can see over one hundred years of art in a beautiful slide show of Albright’s pins. Some of the pins were of humble beginnings, some very expensive, but all of them are beautiful.
You will find many more temporary and permanent exhibitions at the Smithsonian as well.
Enjoy a video of the former secretary of state:
Better yet, you may wish to go and visit the Smithsonian and see the collections for yourself! But you better hurry, the Albright exhibit closes on October 17.
Many thanks to Nancy Messmore for pointing me in the direction of this exhibit!
Video from Smithsonian Videos on Youtube.
August 4, 2010 •
Social Media is the Emerging Question
The use of political ads on Web sites and in social media continues to test the practice of political campaigning.
California’s Fair Political Practices Commission just released a report by the Subcommittee on Internet Political Activity saying political ads used on Web sites and social media platforms such as Facebook and Twitter should be regulated the same way ads are on any other medium.
Here are two articles for further reading :
“Social media wrap: California watchdog recommends Internet political campaign regulations,” by Craig Howie in the Los Angeles Times on August 2, 2010.
“State panel calls for online political ad rules,” by Marisa Lagos in the San Francisco Chronicle on August 3, 2010.
August 4, 2010 •
Two Wisconsin Groups File a Law Suit
A liberal and a conservative group join forces to fight a new Wisconsin law regulating political issue ads.
Wisconsin Club for Growth and One Wisconsin Now filed a lawsuit in federal court against the Wisconsin Government Accountability Board. The groups say the new law infringes upon their right to free speech. The rule they oppose requires any group putting out a political issue ad to disclose the source of their money and how they spent it – whether or not the words in the ad direct a person to vote for or against a candidate.
The groups also raise the concern that the new law would bring greater internet regulation.
The Milwaukee Journal Sentinel offers this article on the challenge:
“Political opposites protest ad rules,” by Jason Stein, August 1, 2010.
Photograph taken by Dori
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.