April 25, 2013 •
FEC Issues Advisory Finding DOMA Limits Same-Sex Couple Contributions from Individual Accounts
AO 2013-02
The Federal Election Commission (FEC) issued a unanimous Advisory Opinion concluding same-sex couples married under state law are precluded from making joint federal political contributions from an individual bank account.
A same-sex couple married under Massachusetts law sought to make a political contribution to Dan Winslow, a candidate for the United States Senate.
The contribution check included instructions to attribute the contribution separately and equally between both individuals, even though the check was drawn from one of the individual’s bank account.
11 C.F.R. 110.1(i) provides spouses a legal exception to the prohibition on making a contribution in the name of another person. However, the term “spouse” is not defined in the Federal Election Campaign Act of 1971 or the Commission’s regulations.
The Commission relied the Defense of Marriage Act (DOMA) interpretation of spouse referring “only to a person of the opposite sex who is a husband or a wife”.
In AO 2013-02, the FEC concluded DOMA prohibits applying the exception under 11 C.F.R. 110.1(i). The Commission distinguished a contribution made from a joint account, rather than an individual account, in a footnote to the opinion, noting, “Same-sex couples (whether married under state law or not) may as joint account holders make contributions in a manner similar to that afforded spouses under 11 C.F.R. 110.1(i).”
The Commission concluded its analysis and conclusions “may be affected by subsequent developments in the law including, but not limited to, statutes, regulations, advisory opinions, and case law”.
April 25, 2013 •
Florida Legislature Passes Campaign Finance Bill
Increased disclosures and contribution limits
The Florida House and Senate reached a compromise on contribution limits, passing a comprehensive campaign finance bill.
The major changes in the bill include:
- Elimination of committees of continuous existence;
- Requiring weekly reporting by political committees and electioneering communications organizations beginning with the 60th day prior to a primary election and continuing until the 4th day before a general election, and daily reporting beginning with the 10th day before a general election;
- Increasing campaign contribution limits from $500 to $3,000 for a candidate for statewide office or retention as a justice of the state supreme court, and from $500 to $1,000 for a candidate for legislative office, retention as a judge of a district court of appeal, or circuit judge; and
- Elimination of limits on contributions to political committees.
The original bill increased all contribution limits from $500 to $10,000. At the beginning of debate on the bill, House Speaker Will Weatherford tweeted, “today is meet me halfway day.”
While critics argue the bill doesn’t go far enough and too many loopholes remain, Senator Jack Latvala, chairman of the Senate Ethics and Elections Committee, said the goal is transparency. He contends money in politics isn’t going anywhere, so the best the legislature can do is require disclosure.
The bill now awaits action by Governor Rick Scott.
April 25, 2013 •
Thursday News Roundup
Here are some great articles for today’s government relations news summary:
Lobbying
“The Shadow Lobbyist” opinion piece by Tom Edsall in The New York Times.
Georgia: “New ethics law’s Jan. 1 start creates uncertainty for lobbyists, legislators” by Aaron Gould Sheinin in the Atlanta Journal-Constitution.
North Carolina: “NC elections board supports investigation on sweepstakes cash” by Michael Biesecker and Mitch Weiss (Associated Press) in the News & Observer.
Campaign Finance
“Donor Gets Jail Time for Illegal Contributions” by Kent Cooper in Roll Call’s Political MoneyLine.
“Does Stephen Colbert’s Endorsement of His Sister Violate Election Laws?” by Megan Wiegand in Slate.
Florida: “Common Cause: campaign finance ‘reform’ bill is a ‘farce’” by Mary Ellen Klas in the Miami Herald.
Florida: “Legislators send campaign finance and ethics bills to governor” by Mary Ellen Klas in the Miami Herald.
Ethics
“’Hacking’ Open Financial Disclosure Data” by Scott Detrow in KQED Public Media.
Alabama: “Former state senator Lowell Barron indicted on campaign finance, ethics charges” by Kim Chandler in Alabama Live.
Colorado: “San Francisco Considers Ethics Reforms” by Ryan Parker in the Denver Post.
Illinois: “State Sen. Trotter pleads guilty to misdemeanor” by Jason Meisner in the Chicago Tribune.
Government Tech and Social Media
“Get Ready for Mobile Only” by Joseph Marks in Nextgov.
Redistricting
Alaska: “Redistricting Board asks Supreme Court to clarify ruling” by Richard Mauer in the Anchorage Daily News.
April 25, 2013 •
San Francisco Considers Ethics Reforms
Legislation would expand lobbying and squeeze exceptions
City Attorney Dennis Herrera and Board of Supervisors President David Chiu have introduced legislation to better regulate lobbying and campaign finance within the city. The ordinance would amend the Campaign and Governmental Conduct Code to expand the definition of lobbyist and require lobbyists to complete training online.
The lobbying exemption for contractors and their attorneys would be limited to in-house officers and employees. Outside consultants communicating with public officials regarding contract bidding and negotiating would be subject to the registration and reporting requirements of lobbying.
The ordinance would also require the Ethics Commission to publish a guide for campaign contributors regarding contribution regulations and reporting requirements.
The board may begin discussion of the legislation at the next meeting in May.
April 24, 2013 •
Wednesday Government Relations News
Here is our roundup of the latest articles on lobbying, campaign finance, ethics, and more!
Lobbying
“Lobbying World” in The Hill.
“Graham’s campaign collects bundle from lobbyists” by Michael Beckel in the Huffington Post (via The Center for Public Integrity).
Nevada: “Nevada advances lobbying cooling-off-period bills” by Matt Woolbright (Associated Press) in the Reno Gazette-Journal.
Campaign Finance
“Follow The Money Bill Proposed For More Transparency in Campaign Financing” in CQ Roll Call’s Political Moneyline.
“S.E.C. Gets Plea: Force Companies to Disclose Donations” by Nicholas Confessore in The New York Times.
Florida: “Senate finishes campaign finance bill, first piece of ethics compromise” by Mary Ellen Klas in the Miami Herald.
New York: “Skelos opposes Cuomo on abortion, campaign finance” by Yancey Roy in Newsday.
New York: “Bad Legal Arguments Can’t Stop Reform” by Lawrence Norden in the Brennan Center for Justice Blog.
South Carolina: “SC Senate advances a piece of ethics reform” by The Associated Press in WJCL News.
Ethics
California: “SF May Make Major Update to City Ethics Policies” by Nina Thorsen in KQED Public Media.
Connecticut: “Foley wants to revive ‘good government’ bill” by Ken Dixon in the Connecticut Post.
New York: “Parole Granted for Political Consultant in a Corruption Case” by Jesse McKinley in The New York Times.
April 24, 2013 •
Bi-Partisan Campaign Finance Bill Introduced in U.S. Senate
The Follow the Money Act of 2013
Leaders of corporations, unions, and other organizations responsible for independent political advertisements may have to be identified if a bill introduced in the U.S. Senate yesterday passes.
Senate Bill 791 was introduced jointly by Senators Ron Wyden (D-Ore.) and Lisa Murkowski (R-Alaska). The bi-partisan bill, called The Follow the Money Act of 2013, requires entities, regardless of tax status, to identity the funders of any political activity in which the entity engages.
An organization involved in political activity not regulated under the Federal Election Campaign Act will also be subject to a separate set of Internal Revenue Service penalties, including the possible loss of its federal tax exemption.
The Federal Election Commission will be required to replace quarterly reporting with a more frequent reporting schedule and will be required to disclose the information to the general public upon receipt.
Senator Wyden’s press release can be found here.
Video courtesy of Sen. Wyden’s YouTube channel.
April 23, 2013 •
Tuesday Lobbying and Campaign Finance News
Keep up with the latest government relations news with these articles:
Lobbying
“K Street’s bounce proves elusive” by Kevin Bogardus and Megan R. Wilson in The Hill.
“Chamber of Commerce Still Keeping Lobbyists Busy” by Kent Cooper in Roll Call.
“Religious Groups Throw Lobbying Cash at Immigration Reform” by Elizabeth Flock in U.S. News & World Report.
Montreal, Quebec: “City asked to investigate undeclared lobbying” by Monique Beaudin in the Montreal Gazette.
Pennsylvania: “Mensch: Improve Campaign Finance, Lobbyist Reporting” in the Lehigh Valley Patch.
Campaign Finance
New York: “Reform does work, New York” editorial piece by Denise Merrill, the Connecticut secretary of the state and Miles Rapoport, president of Demos and former Connecticut secretary of the state in the Albany Times Union.
Ethics
District of Columbia: “D.C. wraps audit of Gray campaign, doesn’t release findings” by Alan Blinder in the Washington Examiner.
New York: “NY governor replaces head of troubled ethics board with lawyer who represented Bernard Madoff” by The Associated Press in the Washington Post.
Procurement
Ohio: “Franklin County, Ohio, Builds Transparent Procurement System From Scratch” by Colin Wood in Government Technology.
Government Tech and Social Media
“Federal Web Visitors are Coming Via Mobile” by Joseph Marks in Nextgov.
April 22, 2013 •
Monday News Roundup
Let’s start off the week with these lobbying, campaign finance, and ethics news articles:
Lobbying
“Former Sen. Bob Kerrey joins government affairs firm” by Megan R. Wilson in The Hill.
“NRA spends record money on lobbying this year” by Dave Levinthal in The Center for Public Integrity.
Florida: “Sound Off: Most email group members think lobbyist limits a good idea” in the Florida Times Union.
Georgia: “Analysis: Lobbyists say the game is changing” by Walter C. Jones in the Savannah Morning News.
Texas: “Agenda Texas: The Twitter Lobby” by Ben Philpott in the Texas Tribune.
Washington: “Lobbying tab $12.9 million — and counting” by Brad Shannon in the News Tribune.
Campaign Finance
California: “Common Cause: Californians should vote for Congress to overturn Citizens United” by Derek Cressman in San Jose Mercury News.
Illinois: “Overturning ‘Citizen’s United’ Decision” by Claudia Johnson in the Alton Daily News.
New Jersey: “N.J. Senate Democrats to introduce major overhaul of campaign finance laws” by Christopher Baxter in the Star-Ledger.
New York: “Reform proposed for state Board of Elections” by Karen Dewitt on WBFO NPR.
New York: “Campaign Finance Reformers To Target Senate In New Ads” by Ken Lovett in the New York Daily News.
Pennsylvania: “Pa. Senate backs stricter rules on reporting campaign funds” by Mary Wilson in Newsworks.
Vermont: “Windham County senator blasts campaign-finance reform bill” by Mike Faher in the Brattleboro Reformer.
Ethics
Connecticut: “Man pleads guilty in campaign finance scheme” by The Associated Press in the Boston Globe.
Kentucky: “Richie Farmer indicted by federal grand jury” on WKYT News.
Minnesota: “Ex-aide to Bachmann prepares to give evidence on alleged payments” by Brett Neely in MPR News.
Tennessee: “Knox County Commission set to reconfigure ethics panel” by Mike Donila in the Knoxville News Sentinel.
From the State Legislatures
Featured speakers at the NCSL Legislative Summit, August 12-15 in Atlanta, GA.
April 20, 2013 •
NJ ELEC Makes Recommendations in Annual Report
2012 Annual Report
In the 2012 Annual report issued by the New Jersey Election Law Enforcement Commission (ELEC) on April 15, the Commission listed several recommendations and ideas to strengthen the state’s campaign finance and lobbying laws.
ELEC recommends requiring disclosure from super PACs and non-profit groups organized under Section 527 and Section 501(c) of the IRS code, requiring disclosure of lobbying activity by local vendors who are required to report pay-to-play contributions, and expanding the 48-hour notice requirement for continuing PAC expenditures to require the filing of notices for expenditures made in May municipal, runoff, school, and special elections.
Among its other recommendations, ELEC calls for the state to expand the regulation of “wheeling” to include contributions by county political party committees to other county political party committees during the entire year.
In the report, the Commission also lists general ideas to strengthen the laws, including requiring grassroots lobbying materials to list the name and address of the committee paying for the material, increasing penalties for public financing violations, and banning the use of partnership funds for the purpose of making contributions.
The annual report can be found here.
April 20, 2013 •
News You Can Use Digest – April 20, 2013
Here are highlights from the latest edition of News You Can Use:
From the States and Municipalities:
California – Legislative Staffers Lavished with Gifts
Indiana – Indiana Speaker Pro Tem Turner Defends Supporting Company Daughter Represents as Lobbyist
Kentucky – Kentucky Group Is the PAC That Couldn’t Shoot Straight
Montana – Montana House Panel Kills Bill to Disclose ‘Dark Money’ in Campaigns
Nebraska – Golf Tops List of Gifts Dave Heineman Reported
New Jersey – Bergen County Freeholders Introduce Plan to Relax Pay-to-Play Restrictions
New Jersey – In N.J. Governor’s Race, Christie and Buono Choose to Keep Some Donors Secret
New York – Sandra Lee OK’d for Takeoff
Pennsylvania – Pennsylvania Turnpike Scandal Has Some Eyeing a Pay-to-Play Law
Pennsylvania – Senate Passes Three Bills to Strengthen Transparency and Efficiency in State Government
South Carolina – National GOP Campaign Arm Withdraws Sanford’s Financial Support
Tennessee – Bill Fails That Would Raise Campaign Contribution Limits, Allowing Direct Corporate Donations
Texas – Exotic Trips, Luxury Gifts Are Perks of Elective Office
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.
News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.
April 18, 2013 •
Tennessee House Strikes Down Campaign Finance Bill
Bill would have allowed insurance companies to make contributions
The Tennessee House of Representatives struck down a bill removing the prohibition on contributions from insurance companies and raising the contribution limits for party caucuses. House Bill 643 came up just two votes shy, collecting only 48 of the needed 50 votes to pass. The bill did however receive a majority of the votes, 48-41, so the bill is not technically dead.
Currently, Tennessee law prohibits insurance companies from making a contribution for political purposes. Under the bill, insurance companies would have had the ability to make contributions and would have had the same contribution limits as multicandidate political campaign committees.
The bill also would have allowed party caucuses to contribute $500,000 for statewide races, instead of the current limit of $374,300. It also would have doubled the amount the caucuses could contribute to senate and house candidates.
The bill was not defeated on a strict party line vote, as 13 Republicans voted against and another nine Republicans did not cast votes on the bill. It remains to be seen whether the House will bring the bill up for a second vote.
Photo of the Tennessee State Capitol House Chamber by Ichabod on Wikipedia.
April 17, 2013 •
Wednesday Government Relations News
Here is our roundup of the latest articles on lobbying, campaign finance, ethics, and more!
Lobbying
“McCain roasts lobbyist at awards dinner” by Kevin Bogardus in The Hill.
“OFA files lobbying registration in New York” by Reid J. Epstein in Politico.
Florida: “House advances ethics bill to ban ‘revolving door’ lobbying” by Aaron Deslatte in the Orlando Sentinel.
North Carolina: “Bill would allow legislators to receive gifts from lobbyists” by Claire Bennett in The Daily Tar Heel.
Ottawa, Ontario: “City lobbying registry due for upgrade, weeks behind schedule” by David Reevely in the Ottawa Citizen.
Wisconsin: “Lobby outlays drop in 2011-12” by Bill Lueders in WisconsinWatch.org.
Campaign Finance
Hawaii: “Bill boosts public campaign funds” by Sarah Zoellick in the Honolulu Star Advertiser.
Massachusetts: “DeLeo, Murray break Mass. campaign spending tally” by The Associated Press in the Boston Globe.
Ethics
“Congressional Travel Costs Questioned” by Kent Cooper in Roll Call’s Political Moneyline.
New York: Prosecutors: “Liu Aides Didn’t Count On Getting Caught In Campaign Finance Scheme” by The Associated Press in CBS New York.
South Carolina: “SC House panel revives ethics reform effort” by Adam Beam in The State.
Election Law
New York: “Tougher state elections rules” by Jimmy Vielkind in the Albany Times Union.
New York: “Cuomo Adds Election Law Office to Anticorruption Proposals” by Thomas Kaplan in The New York Times.
From the State Legislatures
Nevada: “Senate OKs resolution seeking annual legislative sessions” by Sean Whaley in the Las Vegas Review-Journal.
Redistricting
North Carolina: “Bill would make N.C. redistricting nonpartisan” by Travis Fain in the News & Record.
April 16, 2013 •
Tuesday Lobbying and Campaign Finance News
Keep up with the latest government relations news with these articles:
Lobbying
“Bottom Line” in The Hill.
New York: “Small business speaks up during Capitol lobbying day” by Adam Sichko in the Business Review.
Campaign Finance
“Senate Scrutiny of Nonprofits Spurring Disclosure: Taxes” by Jonathan D. Salant in Bloomberg.
California: “CA pushes to fine ‘independent’ campaign committee for supporting lawmaker” by Jim Sanders in the Sacramento Bee.
New Jersey: “ELEC outlines list of campaign finance priorities” by Darryl R. Isherwood in PolitickerNJ.
New York: “Overhauling campaign finance rules” opinion piece by Jeffrey D. Klein in the Albany Times Union.
Ethics
New York: “Campaign Finance Trial For Two Former Liu Associates Under Way” by The Associated Press on CBS New York.
Texas: “Bill would revise ethics oversight” by Chris Tomlinson (Associated Press) in the Austin American-Statesman.
From the State Legislatures
Minnesota: Senate: “Time to raise pay for Minnesota’s lawmakers” by Rachel E. Stassen-Berger in the Star Tribune.
New York: “Lawmakers return to Albany after bribery scandals” by Joseph Spector in the Star Gazette.
West Virginia: “Lawmakers push for special session to address bills” by Dave Boucher in the Charleston Daily Mail.
April 15, 2013 •
Monday News Roundup
Let’s start off the week with these lobbying, campaign finance, and ethics news articles:
Lobbying
“Former Rep. Connie Mack joins lobby firm” by Kevin Bogardus in The Hill.
Washington: “66 Wash. lobbyists get warning letters for lack of transparency” by Austin Jenkins on KPLU.org.
Campaign Finance
“Proposal could drag political funding into the light” by Michael Kirkland in the United Press International.
“Influence of big-money ‘SuperPACs’ not so clear” by Aaron Delatte in the Orlando Sentinel.
“Members of Congress Fill War Chests for Next Campaign” by Kent Cooper in Roll Call.
California: “Universities Join Effort to Overturn Citizens United Decision” by Anjuli Sastry on ABC News.
Florida: “Lawmakers raking in contributions even as they debate campaign law changes” by Jim Saunders in the Daytona Beach News-Journal.
Maryland: “Massive Campaign Finance Revamping Awaits Gov. O’Malley’s Pen” by The Associated Press on WNEW.
Missouri: “Ethics rules changes considered for KC leaders, employees” by Mike Hendricks in the Kansas City Star.
Missouri: “Time running short for Mo. campaign finance issues” by The Associated Press in the San Francisco Chronicle.
New York: “Public financing of campaigns could be a key issue in Albany” by Tom Wrobleski in the Staten Island Advance.
New York: “Senator Carlucci Unveils New Campaign Finance Reform Proposal” by Michael Riconda in the Rockland County Times.
Texas: “$27 Million Republican Political Donor Dies” by Kent Cooper in Roll Call.
Vermont: “Vt. Senate passes campaign finance law” by The Associated Press in the Boston Globe.
Ethics
Connecticut: “Donovan Campaign Manager Pleads Guilty” by Dave Altimari in the Hartford Courant.
Pennsylvania: “Latest Pa. scandal has some eyeing pay-to-play law” by Marc Levy in the Beaver County Times.
Texas: “Ethics commission up for review at Legislature” by Chris Tomlinson (Associated Press) in the Houston Chronicle.
Texas: “Exotic Trips, Luxury Gifts Are Perks of Elective Office” by Emily Ramshaw in the Texas Tribune.
Texas: “A Slim Chance for Lawmakers to Self-Regulate” by Ross Ramsey in the Texas Tribune.
From the State Legislatures
Nevada: “It’s roundup time for Nevada legislators, bills” by Sandra Chereb (Associated Press) in the Las Vegas Review-Journal.
Ohio: “Former Rep. Charlie Wilson of Ohio dies at 70 after suffering stroke” by Jonathan Easley in The Hill.
Elections
“Alaska Legislature passes elections bill” by Joshua Berlinger (Associated Press) in the Anchorage Daily News.
Social Media and Government Technology
“Top Phoenix lobbyists sound off on the impact of social media” by Dale Brown in the Phoenix Business Journal.
“TechPresident Podcast: ‘Open Government’” by Nick Judd on TechPresident.
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