August 2, 2010 •
News You Can Use – August 2
Three articles from the upcoming issue of News You Can Use.
Maine’s Clean Election Act is in question after a U.S. Supreme Court decision regarding Arizona’s clean elections program and a federal court decision in Connecticut:
“ME: Maine watching Arizona elections case,” by Kevin Miller from the Bangor Daily News.
Former Florida House Speaker Ray Sansom gets no plea deal because he refuses to participate in a sheriff’s work program:
“Ray Sansom Plea Deal Scrapped When Defendants Balk at Jail Gang Duty,” by Lee Logan and Steve Bousquet from the St. Petersburg Times
From Pennsylvania, Bonusgate staffer Stephen Keefer files a lawsuit in federal court:
“Acquitted Bonusgate Staffer Files Lawsuit,” by Brad Bumsted and Brian Bowling from the Pittsburgh Tribune-Review
August 2, 2010 •
Connecticut General Assembly Passes Campaign Finance Bill
On July 30, 2010, during a special session, the Connecticut General Assembly passed Senate Bill 551.
SB 551 is a response to the recent U.S. Circuit Court of Appeals decision in Green Party of Connecticut v. Garfield regarding the state’s Citizens’ Election Program. If signed by Governor M. Jodi Rell, the bill would limit contributions from communicator lobbyists, members of the lobbyist’s immediate family, and political committees established or controlled by the lobbyist or lobbyist’s immediate family to $100, while also banning the bundling of contributions by the same individuals.
Further, the bill expands the list of items not considered to be a contribution, while also prohibiting the knowing solicitation of contributions by state contractors, prospective state contractors, principals of state contractors, and principals of prospective state contractors from the contractor’s employees or a subcontractor or principals of a subcontractor on behalf of exploratory or candidate committees, political committees authorized to make contributions or expenditures to or for the benefit of specified candidates, or a party committee.
Additionally, grants to participating candidates would increase to $6,000,000 for the general election campaign. However, Governor Rell has previously indicated her intent to veto any bill increasing grants to participating candidates, citing state budget concerns.
Photo by jimbowen0306 in Wikipedia.
July 30, 2010 •
Highlighted Site of the Week – The AOC
The Architect of the Capitol – Serve. Preserve. Sustain.
Have you ever wondered how the U.S. Capitol building always looks so good? The Architect of the Capitol is the agency that serves as the steward for the U.S. Capitol, the Capitol Visitor Center, Senate Office Buildings, House Office Buildings, Supreme Court, Library of Congress, U.S. Botanic Garden, and Capitol Campus grounds. Stephen T. Ayers is the current Architect of the Capitol, and there are 2,600 employees serving the agency. There have been only eleven Architects of the Capitol since 1793!
The Architect of the Capitol Web site has a treasure of information about many architectural features of the Capitol and the works of art in the Capitol Complex. The site says: “Since the laying of the Capitol cornerstone by George Washington in 1793, the Architect of the Capitol (AOC) has served the United States as builder and steward of many of the nation’s most iconic and indelible landmark buildings.”
Whether you are a visitor, someone who has lived in Washington D.C. for years, or just an interested reader, there are great videos, photo galleries, and rich histories about the buildings of our nation’s capital for your enjoyment.
The AOC says its job is to: “…Support the needs of nearly 30,000 occupants and millions of tourists who visit the campus annually; ensure the buildings and grounds meet modern standards for sustainability and accessibility; and preserve the historical legacy of the landmarks entrusted to the AOC’s care.”
Enjoy wandering through this great site, but be careful – you may find that when it is over, hours have just disappeared!
July 29, 2010 •
Lobbying Disclosure Enhancement Act Passes U.S. House
H.R. 5751, the Lobbying Disclosure Enhancement Act, passed the U.S. House of Representatives on July 28, 2010 by a voice vote.
The measure creates the Lobbying Disclosure Act Enforcement Task Force inside the Department of Justice. The new task force will be charged with enforcing the disclosure provisions of the Lobbying Disclosure Act of 1995.
Further, the bill amends existing federal lobbying law by making public the names of registered lobbyists and firms who violate disclosure regulations. The bill now heads to the Senate.
Update 8-2-2010: Here is an article from The Hill giving K Street’s reaction to the Lobbying Disclosure Enhancement Act: “K Street feels it’s being unfairly targeted by bill disclosing lobbying violators“
July 29, 2010 •
Illinois Governor Signs Bill
Governor Pat Quinn signed Senate Bill 1526 into law into law late Wednesday.
This bill changes several provisions of the lobbying laws. The registration fee is lowered to $300 in response to the previous fee of $1,000 having been enjoined. Under this new law, lobbyists must notify officials in writing of reportable expenditures at the time the expenditures are made.
Effective January 1, 2011, lobbyist reports are due on a semi-monthly basis. For 2010, a report covering the second half of the year is due January 15, 2011; the Secretary of State will issue instructions for reporting lobbyist expenditures incurred during the first half of the year.
July 29, 2010 •
Wyoming Lawmakers Challenge State Election Law
Four Wyoming lawmakers are challenging the provisions of the state election code prohibiting political contributions by corporations.
The legal petition filed by the lawmakers asks a state district court to review Wyoming’s election law in light of the recent U.S. Supreme Court ruling in Citizens United v. Federal Election Commission. At present, Wyoming law prohibits corporations from making campaign contributions, a position which puts it at odds with the Supreme Court’s ruling.
While Wyoming’s election law hasn’t yet been challenged on grounds raised by Citizens United, it is seen by some lawmakers in Cheyenne as only a matter of time before a lawsuit emerges. The lawmakers hope their petition will preempt any such litigation against the state.
Here are some useful Wyoming links:
Wyoming State Legislature Web site
July 29, 2010 •
Akron Campaign Finance Legislation Passed
Akron City Council has approved legislation amending the city’s campaign finance law.
Under the new legislation, the city’s contribution limits of $300 for mayoral and at-large council candidates and $100 for ward council candidates do not apply when candidates are raising money outside of their own elections or reelections and other expenses such as “the duties of public office and seeking nomination or election to another office”.
The new legislation also lifts contribution limits for fundraising efforts by candidates for other candidates or for a political party.
Watch for more news on the Akron City Council Web site and at Ohio.com.
July 28, 2010 •
U.S. Senate Fails to Pass DISCLOSE Act
On a vote of 57-41, the Senate Democrats failed to gather the 60 votes needed to overcome an expected filibuster of S. 3628, Congress’ legislative response to the U.S. Supreme Court’s ruling in Citizens United v. Federal Election Commission.
For the time being, the Supreme Court’s ruling stands. Another vote is thought possible in September after Congress returns from the August recess.
Here are three articles for further reading:
“Senate Dems lack votes to overcome Republican filibuster of Disclose Act,” by Alexander Bolton in The Hill.
“Dems table campaign finance reform,” by Meredith Shiner in Politico.
“Bill on political ad disclosures falls a little short in Senate,” by Dan Eggen in the Washington Post.
July 27, 2010 •
FEC Approves Creation of Independent Expenditure Committees
The Federal Election Commission (FEC) has issued two advisory opinions approving the creation of two independent campaign committees which plan to solicit and accept unlimited contributions from individuals, political committees, corporations, labor organizations, and the general public.
The committees plan to use funds to make independent expenditures. Citing the recent Supreme Court decision in Citizens United v. Federal Election Commission as well as a less-well known decision by the U.S. Court of Appeals for the District of Columbia issued this year called SpeechNow.org v. FEC, the FEC concluded corporations, labor organizations, and political committees may make unlimited independent expenditures from their own funds, and individuals may pool unlimited funds in an independent expenditure-only political committee.
In the case of the independent committee Commonsense Ten, a registered, non-connected political committee (Advisory Opinion 2010-11), the FEC concluded it could solicit and accept unlimited contributions from individuals, corporations, labor organizations, and political committees for the purpose of making independent expenditures.
In the case of Club for Growth, Inc., a 501(c)(4) corporation, (Advisory Opinion 2010-09),the FEC concluded on the same basis provided by Citizens United and SpeechNow.org it could establish and administer a committee to solicit and accept unlimited contributions from individuals in the general public, including contributions given for specific independent expenditures.
The FEC issued both advisory opinions on a vote of 5 to 1. Commissioner Steven T. Walther dissented in both opinions.
July 26, 2010 •
NCSL Summit 2010
The National Conference of State Legislatures Summit 2010 is under way and we are there.
Elizabeth Bartz, Nola Werren, Tony Pasquale, and Ren Koozer from State and Federal Communications, Inc. are attending the National Conference of State Legislatures 2010 Legislative Summit in Louisville, Ky.
U.S. House Speaker Nancy Pelosi and U.S. Senate Minority Leader Mitch McConnell opened the event at Monday morning’s general session.
Our own Client Specialist Nola Werren, Esq. will be moderating for the forum “Citizens United v. FEC: Political Blockbuster or Not?” on Tuesday, July 27, from 1 to 2 p.m. in Room CC108 – Level 1.
If you happen to be at the NCSL Summit, be sure to drop by and visit with us at booth #310! For those of you who would like to follow us on Twitter, use #SFC_NCSL as your hashtag!
July 23, 2010 •
DISCLOSE Act Heads to U.S. Senate Next Week
Majority Leader Harry Reid (D-Nev.) has filed cloture on the DISCLOSE Act, Congress’ response to the recent Supreme Court decision in Citizens United v. Federal Election Commission.
The measure will come to a vote on the floor of the Senate early next week. Reid’s move begins the endgame for the legislation even though he does not yet have the votes to overcome the anticipated filibuster from the bill’s opponents.
New York Senator Charles Schumer, who authored S. 3295, the Senate’s version of the DISCLOSE Act, has modified the bill to address concerns raised when H.R. 5175 was passed by the House earlier this summer. Democrats hope the changes will be enough to win the support of Maine GOP Senators Susan Collins and Olympia Snowe, both of whom expressed reservations regarding the House bill. For example, Senator Collins believes H.R. 5175 provides unions with special exemptions and a corresponding unfair political advantage over corporations.
It is unclear at this time whether or not changes to the Senate bill offered by Schumer will be enough to overcome Collins’ and Snowe’s objections. The Senate vote could come as early as Tuesday.
If you are looking for more coverage, the Hill has two articles by Susan Crabtree:
“Schumer files new version of campaign-finance bill to court centrist votes,” July 22, 2010
“Sen. Reid sets up showdown next week on campaign finance,” July23, 2010
July 23, 2010 •
N.H. Governor Vetoes Executive Ethics Commission Bill
New Hampshire Governor John Lynch has vetoed legislation that would have permitted members of the Executive Branch Ethics Committee to participate in partisan political activities.
Senate Bill 440 would have permitted members of the committee, during their term of service, to participate in elections for federal offices, including allowing their names to be in used in endorsements of candidates. Members would have also been permitted to campaign for candidates seeking federal offices and make contributions to their campaigns.
Citing the potential conflict-of-interest that could arise from members of the ethics committee engaging in political activity, Governor Lynch vetoed the measure on July 20, 2010. “I believe that SB 440 would weaken the Executive Branch Ethics Committee and would compromise the ability of its members to discharge their obligations impartially in the eyes of the public. It could create the perception that partisan politics plays a role in the decisions of the committee,” Lynch said.
For further reading here is the governor’s press release.
Photo by Marc Nozell used under a Creative Commons license.
July 22, 2010 •
News You Can Use – July 22
Maryland Lawmakers Regulate Social Media Activity
Lawmakers adopted rules for candidates using social networking Web sites, making Maryland one of the first states to regulate such activity.
Here are two articles for further reading:
“Candidates Must Adhere to New Social Media Rules,” by Julie Bykowicz in the Baltimore Sun
“Maryland Lawmakers Pass New Election Law Restricting Facebook Today,” by Chet Dembeck in the Baltimore Examiner
July 21, 2010 •
Mass. Issues Emergency Rule
A new Massachusetts rule regarding independent expenditure PACs takes effect July 16.
The Massachusetts Office of Campaign and Political Finance (OCPF) has issued an emergency rule regarding independent expenditures by political action committees.
Emergency Rule 970 C.M.R. 2.17, which states a political action committee only raising funds to make independent expenditures, and then only making independent expenditures, will be regarded as an independent expenditure PAC. Unlike other PACs, independent expenditure PACs may raise funds from individuals without limit, and from corporations and other entities otherwise prohibited from contributing to PACs pursuant to Massachusetts law. Independent expenditure PACs are subject to all other requirements applying to other PACs, including disclosure requirements.
An independent expenditure PAC may not directly or indirectly coordinate its campaign activity with any Massachusetts candidate or political committee. If the independent expenditure PAC makes a coordinated expenditure it becomes a PAC subject to all requirements, including limits on contributions applying to other PACs.
Finally, the term “election” includes any preliminary, primary, or special general election. All preliminary reports of independent expenditures must be filed electronically. The emergency rule was effective upon filing on Friday, July 16, 2010.
Photo from the National Atlas of the United States.
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.