On Tuesday, October 14, the 10th Circuit Court of Appeals ruled Citizens United may air a documentary slamming Colorado liberals without disclosing its backers. The conservative group argued Colorado campaign finance laws burden some speakers while protecting others, in violation of the First Amendment.

The court issued an emergency injunction allowing Citizens United to get the film out before the Nov. 4 election. While the movie will be exempt from disclosure, the court will allow the secretary of state to require disclosure for advertisements about it, if the ads are in support or in defeat of a named candidate.

U.S. District Judge Rudolph Randa ordered Wisconsin officials to stop enforcing the state law prohibiting certain coordination between candidate campaigns and independent groups. Randa’s order came in a lawsuit filed by Citizens for Responsible Government Advocates against the state Government Accountability Board and Milwaukee County District Attorney John Chisholm.

Randa ruled the state cannot regulate groups coordinating with candidates, so long as the groups engage in issue advocacy. Groups engaging in issue advocacy generally make efforts to favor or criticize a candidate without explicitly urging a vote for or against the candidate.

The case will likely be appealed considering Randa’s prior related decision to halt a John Doe investigation against the campaign of Gov. Scott Walker was overturned by the 7th U.S. Circuit Court of Appeals.

The Fair Political Practices Commission (FPPC) has given notice of proposed amendments to regulations in Title 2, Division 6 of the California Code of Regulations. The FPPC will make adjustments to the gift and campaign contribution limits to reflect changes in the consumer price index.

In order to provide the adjustment in time for the new calendar year, the November index is used to make the final calculation. The proposed amendments make adjustments for the period from January 1, 2015, through December 31, 2016.

The FPPC will consider the proposed regulations at a public hearing on or after November 20, 2014. The proposed amendments are available here.

Lobbying

UK: “Charities must record when employees use Twitter to campaign, Electoral Commission says” by Emily Corfe in Civil Society.

Campaign Finance

“Campaign Finance 40 Years Later” in The New York Times’ Room for Debate.

“Koch donors uncloaked” by Kenneth P. Vogel and Mike Allen in Politico.

New Mexico: “Once again, it’s campaign finance day (officially at least)” by Steve Terrell in the Santa Fe New Mexican.

Ethics

Nevada: “Nevada gov’t ethics commission seeks new policies” by Emerson Marcus in the Reno Gazette-Journal.

New York: “Wrapped up in gift rules” by James M. Odato in the Times Union.

Ohio: “State ethics watchdog tracks 1,600 lobbyists’ activity and spending” by TC Brown in Columbus CEO.

Oregon: “Gov. Kitzhaber asks ethics commission to review fiancee’s contracts” by Anna Staver in the Statesman Journal.

West Virginia: “West Virginia Ethics Commission committee interviews candidates for executive director’s job” by The Associated Press in the Daily Journal.

Elections

“Who to watch in House Class of 2014” by Alex Isenstadt in Politico.

“Why Republicans Must Win the Senate in 2014” by Stuart Rothenberg in Roll Call.

Tech and Social Media

“States Ascend Into the Cloud” by Jeffrey Stinson in Stateline.

“Follow the Money…” by Emily Jarvis in Govloop.

Lobbying

“Congressman presses Holder for review of think tank funding” by Megan R. Wilson in The Hill.

“Burger King hires former members of Congress to work on inversion deal” by Megan R. Wilson in The Hill.

Pennsylvania: “Threatened with Pa. fee increase, lobbyists go to work” by Mary Wilson in NewsWorks.

Rhode Island: “R.I. Supreme Court denies request by 38 Studios defendant Wells Fargo” by Paul Grimaldi in the Providence Journal.

Campaign Finance

“FEC votes suggest gridlock is easing” by Byron Tau and Kyle Cheney in Politico.

“In the Senate, campaign finance is the new flag burning” by Gayle Trotter in The Hill.

“Midterm Voters Drown in Dark Money” by Albert R. Hunt in Bloomberg.

“Ads Paid for by Secret Money Flood the Midterm Elections” by Nicholas Confessore in The New York Times.

“Dark money threatens democracy” by Robert Maguire in The Hill’s Congress Blog.

Arkansas: “Some Arkansas candidates talk of limiting outside groups” by John Lyon in Arkansas News.

Ethics

Ohio: “Kasich appoints retired judge to state commission” on WKBN.

Oklahoma: “Financial interests of state officers will not be put online, Ethics Commission says” by Barbara Hoberock in Tulsa World.

Elections

“2014 Ballot Measures That Matter Most for States and Localities” in Governing.

“11 questions that will decide the Senate” by James Hohmann in Politico.

“Dems: Don’t trust the polls” by Niall Stanage in The Hill.

“Courts Strike Down Voter ID Laws in Wisconsin and Texas” by Adam Liptak in The New York Times.

Colorado: “Centrism Hurting Once-Popular Gov. Hickenlooper’s Re-Election Hopes” by Alan Greenblatt in Governing.

Georgia: “Georgia Uses Big Data to Get Out the Vote” by Daniel Malloy and Kristina Torres in Governing.

Michigan: “As election nears, big names stump for state candidates” by Chris Gautz in Crain’s Detroit Business.

Redistricting

“Things to know about political mapmaking in Ohio” by Ann Sanner (Associated Press) in the Daily Journal.

Political Advertising

“Campaigns Find Ad Space Finite, Even on the Web” by Ashley Parker in The New York Times.

A proposed constitutional amendment on the November 4, 2014, ballot will determine whether voters are willing to extend term limits for state lawmakers in exchange for strict ethics laws for lobbyists and corporations. Issue 3 will ban corporate and union gifts to political campaigns, ban lobbyist gifts to legislative and executive officials, and extend term limits for legislators to at least 16 years.

Under the current state constitution, lawmakers typically serve no more than six years in the House and eight years in the Senate. The ballot measure would allow lawmakers to serve 16 years in the same office, or even longer for senators winning special two-year terms after each decennial census and redistricting process.

Adding term limits to the bill helped the ethics package pass the Legislature, but has decreased the popularity of the ballot measure in pre-election polls.

Oklahoma’s Revised Constitutional Ethics Rules will go into effect at staggered intervals between December 2014 and February 2015. The new rules will affect the majority of lobbying and campaign finance laws.

Provisions pertaining to lobbyist registration are effective December 1. Registration expiration and renewal dates will not change, but electronic registration will be required.

Current provisions related to lobbyist reporting dates will remain in effect until January 31, 2015, to facilitate end of year filings. The new lobbyist reporting provisions are effective February 1 with the first report due electronically on February 6 for both legislative and executive lobbyists.

All campaign finance  provisions take effect January 1, 2015.

National:

Wave of Ethics Complaints Hits Top Races

National Journal – Sarah Mimms | Published: 10/8/2014

With Election Day approaching, the closest races in the country have become magnets for ethics complaints. Watchdog groups and political parties have filed dozens of complaints against Republicans and Democrats in tough contests, questioning fundraising tactics and accusing campaigns of improper coordination, among other allegations, just as voters begin to tune in to the election-year fight. Regardless of their merits, the likelihood that any of these ethics complaints will be acted on before Election Day is slim. But for many of these groups, the result of a complaint is not nearly as important as filing the complaint itself.

Who is Donating to Political Campaigns Now? Big Pot.

Raleigh News & Observer – Kristen Wyatt (Associated Press) | Published: 10/6/2014

The U.S. marijuana industry is making campaign contributions to support cannabis-friendly candidates and ballot questions that could bring legal pot to more states. Medical marijuana businesses have been giving to candidates since the late 1990s. With the arrival of recreational pot in Colorado and Washington, the industry and its political influence are expanding rapidly. Marijuana measures will be on the November ballot in Oregon, Florida, Alaska, and Washington, D.C, so many donations are being funneled into those campaigns and the candidates who support them.

Federal:

A Campaign Dollar’s Power Is More Valuable to a Challenger

New York Times – Lynn Vavreck | Published: 10/7/2014

Political scientists have found the relationship between campaign spending and election results is problematic. The difficulty stems from a general pattern in U.S. House and Senate elections. In congressional elections from 1992 to 2012, challengers who spent more money won more often than those who spent less. The opposite was true for incumbents, but correlation does not always imply causation. The question is not just whether spending affects election outcomes, but how spending might affect different kinds of candidates differently.

FEC Votes to Relax Campaign Finance Rules

The Hill – Benjamin Goad | Published: 10/9/2014

The FEC moved to formally relax campaign finance restrictions in response to a pair of U.S. Supreme Court decisions. The commission agreed on language that will amend its rules to conform to the Citizens United ruling, which struck down restrictions that previously barred corporations and unions from spending money from their general treasury funds to support or oppose candidates. The agency also approved of a second set of regulations in the form of an interim final rule responding to the ruling in McCutcheon v. FEC. The decision eliminated aggregate contribution limits for individual donors in a single election cycle.

Nationals are Champs for Fundraisers

Politico – Byron Tau and Kevin Robillard | Published: 10/3/2014

Candidates, parties, and PACs have spent at least $245,000 on Washington Nationals tickets, gear, and seats during this election cycle. Most of that money went to hosting fundraising events at Nationals Park or buying tickets for donors, constituents, and lobbyists. Even more political cash goes to the Major League Baseball team in the form of corporate skybox rentals that often used to host members of Congress for fundraising events, money that is not always identified in campaign finance reports. The Nationals are in a league of their own when it comes to collecting political dollars; according to CQ Moneyline, the other seven teams in this year’s playoffs barely merit a mention as venues to collect political money or host wealthy donors.

From the States and Municipalities:

Alaska – As Energy Boom Ends, a Political Identity Crisis in Alaska

New York Times – Kirk Johnson | Published: 10/8/2014

Economic anxiety in Alaska is roiling an already sharp-edged political season, focused on one of the most competitive U.S. Senate races in the country: an endangered Democratic incumbent, Mark Begich, against Republican challenger, Dan Sullivan, a former state attorney general and natural resources commissioner. Alaska might appear politically conservative, and measured by election results, especially on the presidential level, it is. But many Alaskans say ideology is in fact a shallow measure of the political climate, and hard-nosed practicality – what does Alaska need from Washington and who is best at getting it – can often hold as much sway.

Colorado – Republicans Win Super PAC Lawsuit

Law Week Colorado – Hannah Garcia | Published: 10/2/2014

A District Court judge sided with the Colorado Republican Party in its efforts to establish its own Super PAC, while a local watchdog group is decrying the ruling as an erasure of state law surrounding political contributions. The GOP argued it was entitled to form the PAC because independent expenditures made by any person is permissible under the state constitution, and those expenditures are not subject to contribution limits and are permissible as long as there is no coordination with the party. Colorado Ethics Watch argued the committee is controlled and coordinates with the Republican Party, and because of that, is subject to the same contribution limits as political parties.

Illinois – When Interests Overlap for Durbin, Lobbyist Wife

Insurance News Net – Katherine Skiba and Kim Geiger (Chicago Tribune) | Published: 10/5/2014

A Chicago Tribune investigation found instances in which Loretta Durbin’s lobbying clients have received federal funding promoted by her husband, U.S. Sen. Richard Durbin, raising questions about whether the power couple have done enough to avoid inherent conflicts-of-interest as they go about their jobs. Sen. Durbin acknowledged occasional “overlap” in which his wife’s clients received his help, but both insisted she limited her lobbying to Illinois and never sought federal funds. The couple said once the decision had been made not to lobby the federal government, Sen. Durbin was not consulted when she considered new clients.

Missouri – Gifts to Missouri Lawmakers Are Not Always Easy to Track

Kansas City Star – Jason Hancock | Published: 10/6/2014

Seven lobbyists, representing businesses ranging from Hallmark to Peabody Energy, paid the lion’s share of the $3,000 cost of an evening for Missouri lawmakers at an expensive Dallas steakhouse this summer and reported the gifts as going to “the entire General Assembly.” The dinner was part of the American Legislative Exchange Council’s annual convention. Critics of Missouri’s ethics laws have long complained that reporting gifts to groups instead of individuals violates the spirit of the disclosure requirements by making it difficult, and in some cases impossible, to tell who is getting gifts from whom.

Nevada – Judicial Candidate Resigns from Nevada Ethics Commission

Reno Gazette-Journal – Emerson Marcus | Published: 10/6/2014

The executive director of the Nevada Commission on Ethics has resigned amid a complaint that she used her office to advance her campaign to become a Washoe County Family Court judge. Caren Cafferata-Jenkins stepped down on October 9. Former commission investigator Michael Lawrence filed a complaint against her in June, saying she turned the commission office “into her own personal Kinko’s” for her campaign. Cafferata-Jenkins has denied the allegations and said Lawrence is bitter after losing his job in April. She said she is resigning because the complaint is bringing negative attention on the commission.

New Jersey – N.J. Lawmaker Tries to Limit New Bills … by Introducing a New Bill

Newark Star Ledger – Matt Friedman | Published: 10/6/2014

New Jersey Assemblyperson Anthony Bucco, who has looked on as his colleagues have introduced thousands of bills, sometimes on seemingly frivolous subjects and usually with little chance of passage, says he has had enough. And to come up with a solution, Bucco introduced a bill. Bucco, proposed legislation that would limit state senators to being the top prime sponsor on just 25 bills or resolutions per two-year session, and keep Assembly members to just 15 bills. At the end of the term, each bill would have to include an estimate by the Office of Legislative Services of how much it cost to draft it, process it, and consider it.

Pennsylvania – Fattah Nonprofits Paid Millions to Ex-Staffers

Philadelphia Daily News – William Bender | Published: 10/7/2014

Between 2001 and 2012, nonprofits founded or supported by U.S. Rep. Chaka Fattah have paid out at least $5.8 million to his associates, including political operatives, ex-staffers, and their relatives, according to The Philadelphia Daily News. Three people who had ties to the organizations were later convicted of federal crimes. For the past seven years, criminal investigators have been looking at Fattah and the cottage industry of mostly taxpayer-funded nonprofits run by his political allies.

Pennsylvania – Pittsburgh’s Campaign Finance Law Called Flawed

Pittsburgh Post-Gazette – Chris Potter | Published: 10/5/2014

One of the key enforcement mechanisms of Pittsburgh’s campaign finance ordinance is defunct; other provisions are contradictory. In an apparent oversight, the law omits mayoral and city controller races from the definition of races it covers. “The law is completely meaningless; this is what you tend to get when you approach public policy from the position of public relations,” said city Controller Michael Lamb. Across the state, efforts to rein in political spending appear to have met with more success.

South Carolina – State and Federal Investigation Focuses on Political Action Committee Money, State Contracts

Charleston Post & Courier – Jeremy Borden | Published: 10/8/2014

Investigators from the State Law Enforcement Division and federal agencies have launched a broad inquiry into the actions of several members of the South Carolina House, focused at least in part on some members of the Ways and Means Committee. Sources in a position to know about the investigation said the probe revolves around allegations that lawmakers sold their votes, funneled money from the state budget into their own pockets, and misused money from a PAC.

Virginia – McAuliffe Aide Suggested Job for Senator’s Daughter If He Remained in His Seat

Washington Post – Laura Vozzella | Published: 10/2/2014

Virginia Sen. Phillip Puckett abrupt exit from the Legislature, which flipped control of the chamber to the GOP and thwarted Gov. Terry McAuliffe’s goal of expanding health coverage, came amid accusations that Republicans had enticed him to leave with job offers for himself and his daughter, triggering an ongoing federal investigation. Now, a voice-mail message suggests Puckett fielded a similar overture from Paul Reagan, McAuliffe’s chief of staff, if he stayed in the Senate.

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.

Today, the Federal Election Commission (FEC) issued an advisory opinion allowing national convention committees to accept contributions separate from national party committees. The decision was supported by Democratic commissioner Ann Ravel and the three Republican commissioners, Lee Goodman, Caroline Hunter, and Matthew S. Petersen. The immediate effect is individuals may now contribute an additional $32,400 per calendar year to a convention committee beyond the $32,400 limit permitted to be given to committees of national political parties. The opinion holds that both the National Democratic Committee and the National Republic Committee, who requested the opinion, may each establish convention committees to raise and spend federal funds for convention expenses under separate contribution limits. The FEC found such convention committees qualify as “national committees” subject to their own contribution limits.

Additionally, in a 4-2 decision, the Federal Election Commission (FEC) approved final rules concerning independent expenditures and electioneering communications by corporations and labor organizations. Ravel again joined the three Republican commissioners to pass the rules, which were created in response to the 2010 Citizens United v. FEC U.S. Supreme Court decision. They will be effective once they have been transmitted to Congress for a 30-legislative-day review period.

The FEC also approved rule-making and interim final rule responses to McCutcheon v. FEC.

Today, the Federal Election Commission (FEC) is considering final rules concerning independent expenditures and electioneering communications by corporations and labor organizations. In response to the 2010 Citizens United v. FEC U.S. Supreme Court decision, the commission has written rules expected to be approved at today’s meeting. The rules will be effective once they have been transmitted to Congress for a 30-legislative-day review period. The FEC will also consider proposed rule-making and interim final rule responses to McCutcheon v. FEC.

Lobbying

“Leaner lobbying” by Tory Newmyer and Scott DeCarlo in Fortune.

“These 3 Corporations Have Spent the Most on Lobbying Since Obama Took Office” by Tess VendenDolder in InTheCapital.

Missouri: “Lobbyists give different stories to Missouri Ethics Commission” by The Associated Press in KBIA.

Ohio: “Large Ohio manufacturing employers form lobbying group” by Dan Gearino and Jim Siegel in The Columbus Dispatch.

Campaign Finance

“Dark money still a bit player” by Luke Wachob in The Hill.

“Political parties seek extra donor dollars after cancellation of federal money for political conventions” by Sabrina Eaton in The Plain Dealer.

Connecticut: “GOP accuses Kennedy of campaign finance violation” by Mark Pazniokas in The CT Mirror.

Florida: “How Campaign Finance Laws Make Florida Governor’s Race Unique” by Gina Jordan on WLRN.

Kansas: “In Kansas, funding of TV ads is one big mystery” by Philip Elliott (Associated Press) in the Chicago Sun-Times.

New Hampshire: “AG: Union broke campaign finance rules in donation to Hassan, must submit documentation” by Casey McDermott in the Concord Monitor.

Ethics

Maine: “Ethics commission to meet Friday on dueling complaints in Maine governor’s race” by Mike Russell in the Portland Press Herald.

Ohio: “JobsOhio appeared to avoid potential conflicts” by Randy Ludlow in The Columbus Dispatch.

South Carolina: “Reform advocate suggests abolishing SC ethics laws” by Cassie Cope in The State.

Virginia: “Virginia commission’s consideration of two-term governor ‘has nothing to do with ethics’” by Kathryn Watson in Watchdog.org.

Elections

“Court Decisions on Voting Rules Sow Confusion in State Races” by Trip Gabriel in The New York Times.

“Study: Voter ID laws hit minorities” by The Associated Press in Politico.

“Red or Blue, Politics Doesn’t Predict Where Women Win” by Louis Jacobson in Governing.

North Carolina: “U.S. Supreme Court Upholds North Carolina’s Limits on Voting” by Anne Blythe in Governing.

Texas: “Texas Elections Don’t Have Many Debates” by Aman Batheja (Texas Tribune) in Governing.

Republican attorney general candidate Shane McCormack is calling for tougher campaign finance rules for those holding the office. McCormack’s proposal would ban current service providers from contributing to a sitting attorney general and would prevent a donor from becoming a contractor after a successful campaign.

During a debate on Vermont Public Radio, McCormack revealed current attorney general Bill Sorrell accepted $8,000 from Dallas-based Baron & Budd, a law firm later hired as counsel. Sorrell defended the contribution by stating it was properly disclosed and the law firm was hired due to its expertise in the area being litigated.

Baron & Budd was hired following a recommendation from the Agency of Natural Resources to litigate a contaminated groundwater case against the fuel industry. Sorrell claims the agency was unaware of the contribution prior to making the recommendation.

Lobbying

“Lobbying World” in The Hill.

Oregon: “Former advisers for Sen. Ron Wyden launch new lobbying firm” by Matthew Kish in the Portland Business Journal.

“K Street Rundown: Chamber of Commerce Courts NASCAR, GPG Loses Big Clients and Iraq Wants a National Guard” by Tess VandenDolder in InTheCapital.

Campaign Finance

“DCCC and NRCC drive outside spending in the House” by Peter Olsen-Phillips in the Sunlight Foundation Blog.

Connecticut: “GOP Legislators Accuse Dems Of Misusing Campaign Money” by The Associated Press in CBS Connecticut.

New York: “331 big donors boosting Cuomo” by Matthew Hamilton in the Times Union.

Ohio: “Former Josh Mandel aide, now a Super PAC guru, is setting up new, secretive groups” by Stephen Koff in The Plain Dealer.

Rhode Island: “R.I. campaign finance reports for past month trickling in” by Randal Edgar in the Providence Journal.

Elections

“6 Gubernatorial Races With Potential Congressional Consequences” by Bridget Bowman in Roll Call.

“For McConnell, it’s now or never” by Alexander Bolton in The Hill.

Massachusetts: “Why Massachusetts Might Elect Another Republican Governor” by Alan Greenblatt in in Governing.

State Legislatures

New Jersey: “N.J. lawmaker tries to limit new bills … by introducing a new bill” by Matt Friedman on NJ.com.

Redistricting

Virginia: “Court Tosses Virginia Congressional Map (Updated)” by Bridget Bowman in Roll Call.

Lobbying

“Lobbyists try to save Roberts” by Alexander Bolton in The Hill.

“Facebook lobbyist chief promoted to global policy head” by Julian Hattem in The Hill.

Campaign Finance

“Rogue donors not ready for Hillary?” by Kenneth P. Vogel in Politico.

California: “CalPERS board member now facing $4,000 fine over campaign disclosure problems” by Dale Kasler in the Fresno Bee.

California: “Fine proposed for laundering contributions to Ed Lee’s campaign” by John Coté in the San Francisco Chronicle.

Maryland: “Md. candidate pays penalty over campaign funds” by The Associated Press on WHTM ABC News.

South Dakota: “Unlikely South Dakota Senate Race Attracts Big Money From Campaign Finance Reformers” by Paul Blumenthal and Sam Levine in The Huffington Post.

Wisconsin: “The Right Takes on WI Campaign-Finance Law” by Rose Bouboushian in Courthouse News Service.

Ethics

Missouri: “Gifts to Missouri lawmakers are not always easy to track” by Jason Hancock in The Kansas City Star.

Nevada: “NV Ethics Commission Director Resigns” by Jay Bartos on KNPR News.

North Carolina: “Kay Hagan, Thom Tillis file rival ethics complaints” by Burgess Everett in Politico.

Elections

“How Asian-Americans are Changing the South” by Jake Grovum in Stateline.

Kansas: “Sam Brownback Has Made Enemies, May Lose Election” by Alan Greenblatt in Governing.

State Legislatures

New Jersey: “N.J. lawmaker tries to limit new bills … by introducing a new bill” by Matt Friedman on NJ.com.

Redistricting

Alabama: “Supreme Court’s new session could bring decisions on huge issues” by Irin Carmon and Ned Resnikoff on MSNBC.

South Carolina: “Supreme Court Rejects Appeal On South Carolina Redistricting” by The Associated Press in The Huffington Post.

Tech and Social Media

West Virginia: “Statehouse Beat: New computer system experiencing turbulence” by Phil Kabler in The Charleston Gazette.