November 2, 2010 •
Supreme Court Rejects Campaign Committee Appeal
Compliance Reporting Still Required Even With Unlimited Contributions
The Supreme Court has rejected an appeal seeking to eliminate a political committee’s disclosure and administrative requirements. In SpeechNow.org v FEC, the appellants had argued the requirements violate the First Amendment.
The Court of Appeals for the District of Columbia found individual contribution limits to the committee unconstitutional. It additionally held independent expenditure–only groups like SpeechNow must still comply with organizational, administrative, and reporting requirements in the law.
SpeechNow is an unincorporated nonprofit association which supports candidates for federal office who share its views on First Amendment rights of free speech and freedom to assemble.
November 1, 2010 •
Elizabeth Bartz Quoted in the Columbia Missourian
State and Federal’s President and CEO discusses Missouri campaign finance.
After retired St. Louis businessperson Rex Sinquefield gave $13.3 million to various Missouri campaigns, The Columbia Missourian wrote an article sorting out the issues of campaign finance and disclosure in the state. The newspaper turned to Elizabeth Bartz, with her 34 years of experience in campaign finance, to put the donations in perspective.
With no limit on campaign contributions from individuals in Missouri, the article offered the following comparison by Bartz:
One expert compared Missouri to a Caribbean territory notorious for money laundering and tax evasion: “It’s like the grand Cayman Islands,” said Elizabeth Bartz, the CEO and president of an organization that provides consulting services to organizations interested in making contributions on a state level.
But Bartz also noted that the disclosure requirements in Missouri are strong:
“It’s not like they can just give and give and give and nobody can find out,” Bartz said. “It is public information, and it is information you can find out.”
You can find the text of the full story in The Columbia Missourian here.
November 1, 2010 •
California Law Allows for Paid Time Off on Election Day
Secretary of State’s office sends reminder
The California Secretary of State’s office released a statement earlier this week reminding voters they are entitled to take up to two paid hours off from work in order to vote.
Secretary Bowen reminds employees they must provide two days’ notice to their employers in order to exercise this privilege.“California’s time-off-to-vote law ensures all voters, regardless of their work schedules, will be able to vote on November 2″, said Bowen.
Photo of the California Secretary of State Building by Mav on Wikipedia.
October 29, 2010 •
Highlighted Sites of the Week – VOTE411.org and the Power of Google
For those of you who have the upcoming elections on your mind, here are some great Web sites to visit.
VOTE411.org, hosted by the League of Women Voters Education Fund, has everything you could possibly need regarding voting and the coming elections. With VOTE411.org, no one can use the excuse that they did not have enough information to vote. Not sure about where to go to vote? VOTE411.org can tell you where your polling place is. Overseas during the elections? No problem, they have a Military and Overseas Voter page. You can learn about absentee voting, early voting, election dates, information about candidates, and ID requirements tailored to your state!
My favorite thing on VOTE411.org is the “Build Your Ballot” feature. Just type in your street address, city, and zip code, and Build Your Ballot will tell you all about your U.S. Congress District and your State Upper and Lower House Districts. From there it will tell you exactly what races will be on your ballot.
If you are the type who likes to see into the future, Google 2010 U.S. Election Ratings has map overlays showing the predictions of CQ Politics, Rothenberg Political Report, Real Clear Politics, Sabato’s Crystal Ball, and the Cook Political Report. All in one place. You can look at the trends for the U.S. races as well as drill down into the states.
You can always go to Nate Silver’s FiveThirtyEight blog. Silver not only gives you a color-coded map of the states, but also a set of percentages for the probabilities of race outcomes.
You say you want more? How about trying a search of “U.S. 2010 election predictions” on YouTube? YouTube serves up a mix of serious television news coverage clips, to the silly Politizoid animated video.
There. That should keep even the most election-obsessed people busy… lots of hand-wringing to do.
Vote sign photo by Tom Arthur on Wikipedia.
October 28, 2010 •
Get Out the Vote!
It has become a tradition for State and Federal Communications to send a GOTV (Get Out the Vote) card each October.
It is our way of saying hello and thank you to our clients and friends across the country.
We have fun each year deciding where to gather for the photograph. This year, the staff had a treat when they rode the Akron trolley to the University of Akron.
We gathered at the Polymer Building, in front of the beautiful Dale Chihuly sculpture. How should we pose? Our instructions were to make one serious pose, and one fun pose.
So from all of us at State and Federal Communications, we wish you a healthy and prosperous year and say:
Exercise your right to vote! It is your personal opportunity to be heard across the nation!
Elizabeth Z. Bartz
President and CEO of State and Federal Communications, Inc.
Thank you to Akron Mayor Don Plusquellic for the use of the trolley and to the University of Akron President Luis Proenza for allowing us on campus for the photos.
October 27, 2010 •
California Releases Latest Independent Expenditure Figures
Most of the spending is on the governor’s race.
The Fair Political Practices Commission, California’s ethics and elections watchdog organization has released information on independent expenditures made in advance of the November general election.
More than 150 individuals have contributed approximately $28.8 million to independent expenditure committees in contributions of at least $10,000. The overwhelming majority of these expenditures are being made in the governor’s race.
As of June 9, 2010, committees had spent more than $23 million on communications designed to impact the election for the state’s highest executive office. The contest for state Superintendent registered a distant second with slightly less than $3 million in related independent expenditures.
Photo of the California State Capitol building by Sascha Brück on Wikipedia.
October 27, 2010 •
Motives Behind Florida Campaign Lawsuit Under Question
A federal judge in Florida has questioned the motive behind a recent lawsuit over the state’s campaign finance requirements.
U.S. District Judge Robert Hinkle has questioned whether the suit regarding a law which requires registration and reporting by political action committees contributing or expending in excess of $500 is “just a little too convenient,” as the suit was filed merely a month prior to the upcoming election and the plaintiffs in the action are reportedly seeking to spend $600. The judge has yet to rule on a temporary injunction on enforcement of the law, as the plaintiffs, represented by The Institute for Justice, a libertarian public interest law firm, ultimately seek to have the law completely thrown out.
Map of Florida from the National Atlas of the United States.
October 26, 2010 •
Lawsuit Seeks to Allow Foreign Political Contributions
Relief Sought by Foreign Nationals
A lawsuit has been filed in the Federal District Court of the District of Columbia seeking to allow foreign citizens to make political contributions. 2 U.S.C. § 441e and its implementing regulations prohibit political contributions and independent expenditures by foreign nationals living lawfully in the U.S.A. but without legal permanent residence. In Bluman v. FEC, the two plaintiffs, a doctor in residency and a recent law school graduate, both citizens of other countries, are seeking to make political contributions in support of various candidates and political issues ranging from both ends of the political spectrum.
The plaintiffs are specifically requesting the court declare 2 U.S.C. § 441e and its implementing regulations unconstitutional as applied to foreign nationals lawfully residing and working in the United States. They have asked for a three-judge court decision, which may allow for a direct appeal to the United States Supreme Court.
Photo of the E. Barrett Prettyman Federal Courthouse by AgnosticPreachersKid on Wikipedia.
October 26, 2010 •
Supreme Court Declines to Suspend Maine Campaign Finance Law
On Friday, October 22, 2010, the Supreme Court of the United States denied an application for an emergency writ of injunction in the pending case of Respect Maine PAC v. McKee.
In their application, the plaintiffs, represented by James Bopp, Jr., the Indiana attorney who helped launch the landmark Citizens United v. FEC litigation, requested an order blocking portions of Maine’s campaign finance law which provides matching for candidates as well as the part of Maine law capping contributions to gubernatorial candidates at $750. By the time the plaintiff’s motion reached the high court for the second time, it had been denied three times: by Associate Justice Stephen Breyer, Circuit Justice for the First Circuit, by the First Circuit Court of Appeals, and by the Maine District Court where the litigation originated.
The plaintiff’s last resort to enjoin the law prior to the November 2nd election was the emergency writ of injunction to the Supreme Court which was presented to Associate Justice Anthony Kennedy who then referred it to the Supreme Court for consideration. The writ’s denial was not unexpected as the Supreme Court has not granted such a motion for two decades.
Photo of the Supreme Court by UpstateNYer on Wikipedia.
October 25, 2010 •
New Executive Director Named for Hawaii Campaign Spending Commission
Barbara Wong retiring at the end of this month.
The Hawaii Campaign Spending Commission has selected Kristin Izumi-Nitao as the new Executive Director effective November 4, 2010. She has been with the Department of the Attorney General, State of Hawaii, since 1999, and is currently responsible for overseeing and administering the Hawaii Internet and Technology Crimes Unit which includes the Internet Crimes Against Children (ICAC) Task Force in the state of Hawaii and the territory of Guam.
Izumi-Nitao will replace Barbara Wong who is retiring at the end of October.
October 25, 2010 •
Inspector General Report Forwarded to Prosecutors and Ethics Officials
New York Inspector General Finds Potential Ethics Violations in Video Lottery Terminal Bidding Process
New York State Inspector General Joseph Fisch has released a report that criticizes New York State leaders for failing to fulfill their public duty in the January 2010 selection of Aqueduct Entertainment Group (AEG) to operate video lottery terminals at Aqueduct Racetrack in Queens. The 300-page report concludes that AEG should have been disqualified, and that the chaotic process resulting in AEG’s multi-billion dollar award was a “political free-for-all” marked by unfair advantages and more than $100,000 in campaign donations.
The report found that Governor Paterson, Senate Democratic Conference Leader Sampson, Senate President Pro Tempore Smith, and Assembly Speaker Silver each contributed to the multi-million dollar debacle. The report strongly recommends that the bidding process used to select AEG never be repeated and that New York State impose stringent procurement restrictions on all major contracts to ensure that they are competitive, transparent and fair.
The Inspector General’s Office is forwarding the report to United States Attorney and New York County District Attorney, for appropriate action and referring Senators Sampson and Smith to the Legislative Ethics Commission.
Map of New York by Huebi on Wikipedia.
October 22, 2010 •
Highlighted Site of the Week – Challenge.gov
A place where the public and government can solve problems together.
This is the phrase that has launched a new movement and Web site – Challenge.gov – encouraging the American people to take on challenges presented to them from some of the nation’s largest agencies, including NASA, the National Institutes of Health, and the Social Security Administration.
Why create such a Web site?
Ranging from challenges involving emerging designers and architects turning a mid-century federal office building into a model of environmental efficiency, to creating original music and/or music videos that celebrate healthy and inspirational living, people of all ages can participate and become developers in this “national science fair” for America.
One challenge proposed by the site is called “How do I become president?” with the solutions being judged on an 8-10 year-old basis. A sister site, “Kids.gov,” started this challenge because it was continually asked the question “How can I become the President when I grow up?” The winners of the challenge, set to be announced on November 29, 2010 will be featured on Kids.gov. Their best overall “infographic” will be printed as posters and distributed to schools and libraries across the country.
Not everyone has the opportunity or desire to work for the federal government or hold public office, but with this new Web site they can play a vital role in helping improve our country while at the same time putting some cash in their pocket. —– Chickasha Express Star – Sep 27, 2010
October 21, 2010 •
Montana Corporate Contribution Law Struck Down
Montana Judge Rules Law Prohibiting Independent Corporate Contributions is Unconstitutional
District Judge Jeffrey Sherlock of Helena ruled Monday that the 1912 Corrupt Practices Act, which prohibited corporations from making independent political expenditures, is unconstitutional. Bozeman attorney Margot Barg argued on behalf of the plaintiffs, a gun rights organization and a local painting company, that corporations are entitled to make the same sort of free political speech as individuals citing the U.S. Supreme Court decision in Citizens United v. Federal Election Commission.
Judge Sherlock wrote that the Montana law, “insofar as it prevents corporations from making independent expenditures to support or oppose political candidates or political parties, is declared unconstitutional.” Restrictions on corporate contributions to political candidates are not affected by the decision. Montana Attorney General Steve Bullock plans to appeal the district court’s ruling.
October 20, 2010 •
News You Can Use from Los Angeles
City Council to Consider Pay to Play Restrictions
The Los Angeles City Ethics Commission voted in favor of a planned ballot measure to bar city contractors from making campaign contributions to candidates running for mayor and city council. Los Angeles City Council will decide by the end of November whether to place this law on the ballot for the March 8 municipal election.
Under the proposal, those who do not abide by the new restrictions risk being barred from winning a city contract for four years. This type of ban has been under consideration several times since 2005 but has stalled at various stages of the legislative process each time.
Photo of Los Angeles City Hall by Brion VIBBER on Wikipedia.
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.