October 26, 2012 •
News You Can Use Digest – October 26, 2012
Here are highlights from the latest edition of News You Can Use:
Federal:
K Street Flags Shortcomings of Lobbying Law
From the States and Municipalities:
Arizona
Judge: Listing of PAC contributors unconstitutional
California
California’s Campaign Finance Watchdog Agency Demands Names of Donors to Shadowy Arizona Group
California
Judge Rejects Former Bell Police Chief’s Bid to Double Pension
Florida
State Ethics Commission: David Rivera broke 11 ethics laws while serving in Florida Legislature
Georgia
Atlanta Region Sees Spike in Public Corruption Cases
Idaho
Idaho Sues to Force Disclosure of Secret Donations
Illinois
Appeals Court Allows Illinois Limits on Campaign Financing
Iowa
‘Donations’ to State Agency Let Landlords Avoid Charges
Kentucky
Ethics Panel Wants Lobbyists to Report Ad Spending
Montana
Supreme Court Won’t Block Montana Campaign Finance Law Ahead Of Elections
New Jersey
Infamous Federal Informant Solomon Dwek Is Sentenced to Six Years, Must Pay $22.8 Million
North Dakota
Campaigning Fargo Candidate Finds Body under Tree
Tennessee
With Registry’s Ruling, Burchett Case Closed
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.
Case goes back to trial court to determine constitutionality of state’s contribution limits
The Seventh U.S. Circuit Court of Appeals ruled that Illinois’ limits on campaign financing will remain in force at least through the upcoming general election. Illinois Liberty PAC initially sought an injunction to suspend the limits, but its effort was refused by the district court. They appealed and the appellate court ruled that the PAC’s attorneys “have not shown that they are likely to succeed on the merits of their challenge to contribution limits.”
The case will now go back to the district court, where the actual merits of the case can be decided. The PAC claims that the limits violate their First Amendment right to free speech and their equal protection rights because it allows political parties to spend unlimited amounts of money, while limiting contributions from other sources.
The PAC was not surprised by the ruling saying, “We knew it was going to be an uphill battle.”
October 24, 2012 •
Our Wednesday Government Relations News
Don’t miss the articles you need to keep up with the latest news about lobbying, campaign finance, and elections:
Lobbying
“K Street flags shortcomings of lobbying law” by Dave Levinthal in Politico.
“Lobbying spending goes up even with Congress away” by Dave Levinthal in Politico.
“K Street prepares for sequestration battle” by Kevin Bogardus in The Hill.
“Facebook continues record lobbying spending” by Jennifer Martinez in The Hill.
“Lobbying Groups Object to Proposed NY Ethics Regulations” by Chris Vest in Associations Now.
“Romney and the lobbysists” by Heath Brown in The Hill.
Campaign Finance
“Citizens United: What Obama, Romney would do about campaign finance reform” by Justin Elliott in the Alaska Dispatch.
“Mauled by Ads, Incumbents Look to Declaw Outside Groups” by Jennifer Steinhauer in The New York Times.
Campaigns and Elections
“Why Are Elections On Tuesdays?” by Selena Simmons-Duffin on NPR.
“Why Campaigns Are Happy Your Vote Isn’t as Private as Many Think It Is” by Nick Judd in TechPresident.
Tech and Social Media
“Federal website satisfaction dips slightly” by Joseph Marks in Nextgov.
October 24, 2012 •
U.S. Supreme Court Denies Application to Vacate Stay in Montana Contribution Limits Case
State to Continue to Enforce Limits
Yesterday the United States Supreme Court denied an application to vacate the stay allowing Montana to enforce its political contribution limits.
The Ninth Circuit Court of Appeals had stayed a District Court’s decision ruling certain state contribution limits unconstitutional and unenforceable. The U.S. District Court for the District of Montana, issuing a decision in Lair v. Murry, found the contribution limits in Montana Code Annotated §13-37-216 “prevent candidates from ‘amassing the resources necessary for effective campaign advocacy.’”
The case is pending in the Court of Appeals.
October 23, 2012 •
Tuesday Lobbying and Campaign Finance News
Keep up with the latest government relations news with these articles:
Lobbying
“Campaign season idles K Street” by Kevin Bogardus and Megan R. Wilson in The Hill.
“K Street Lobbyists Decamp to the Campaign Trail” by Kate Ackley in Roll Call.
“Chamber ramps up lobbying spending” by Peter Schroeder in The Hill.
“Jack Abramoff: Congress members don’t know they’re being bribed” by Louis C. Hochman on NJ.com.
Michigan: “Stateside: Lobbying in Michigan, the ‘Wild, Wild West’” on Michigan Radio.
Ontario: “Fixing ‘user errors’ in city lobbying registry not officials’ job” by David Reevely in the Ottawa Citizen.
Campaign Finance
New York: “Spending big to take money out of politics” by Jimmy Vielkind in the Albany Times Union.
Colorado: “Springs considers new campaign finance rules” by Niel Chacón in the Colorado Springs Gazette.
Minnesota: “Minnesota serves as political campaign ATM” by Rachel E. Stassen-Berger in the Minneapolis Star Tribune.
Tech and Social Media
“Crush Robocalls, Win $50K” in Government Technology.
“Tool helps agencies manage social media messaging” in Nextgov.
October 22, 2012 •
Appellate Court Enjoins Puerto Rico Campaign Finance Provisions
Law 222
The United States Court of Appeals for the First Circuit on October 19, 2012 ordered the district court to enjoin Puerto Rico from enforcing provisions of Law 222, a campaign finance law passed in 2011. The provisions in question required corporations and unions to establish separate committees in order to make independent expenditures.
Such committees were required to hold membership meetings and vote to approve expenditures related to elections. The court found those provisions were likely to be held unconstitutional regulations of political speech.
Coat of Arms of Puerto Rico courtesy of Creative Commons on Wikipedia.
October 22, 2012 •
Monday News Roundup
Start the week off right with these campaign finance and ethics news articles:
Campaign Finance
“Origins of campaign finance: Why private money floods politics” by David Sirota in the Oregonian.
“Super PACs meet solo PACs” by Brian Bakst (Associated Press) in the San Francisco Chronicle.
“Colbert’s super PAC may get last laugh” by Dave Levinthal in Politico.
“The Biggest Increase in Independent Spending Was among Party-Related Groups; Direct Citizens United Impact Not Demonstrated” by Rick Hasen in the Election Law Blog.
“How is modern political fundraising evolving?” by Erik Nilsson in Campaigns & Elections.
California: “Business outspending labor on campaigns” by Phillip Matier and Andrew Ross in the San Francisco Chronicle.
Colorado: “Colorado’s liberal super PACs dominate spending in state races” by Karen E. Crummy in the Denver Post.
Connecticut: “State’s heavy campaign donations carry political clout” by Summer Ballentine in the Connecticut Post.
Montana: “Supreme Court asked to rule in Montana campaign case” by The Associated Press in the Billings Gazette.
New York: “Groups Push to Highlight Campaign Finance Reform” by Thomas Kaplan in the New York Times.
Social Media
“Facebook campaign advertisements don’t work, says new study” by Brendan Sasso in The Hill.
Ethics
“Atlanta region sees spike in public corruption cases” by Bill Rankin and David Wickert in the Atlanta Journal-Constitution.
Arizona: “Arizona attorney general’s office blocked embarrassing info about public officials” by The Associated Press in the Oregonian.
Georgia: “Ga. governor’s campaign chairman tied to lab site” by The Associated Press in the Athens Banner-Herald.
October 22, 2012 •
AZ County Court Rules Some Campaign Finance Laws Unconstitutional, But SOS Says Reporting Still Required
Express Advocacy v. Issue-Oriented Speech
Certain Arizona statutes requiring registration and reporting by political committees are unconstitutional, according to a ruling made by Maricopa County Superior Court Judge Crane McClennen on October 10, 2012. Presently, however, reporting is still required, according to the Secretary of State.
The Secretary’s office e-mailed registered political committees the following: “By way of gentle reminder, the recent trial court decision in ‘Committee for Justice and Fairness v. the Secretary of State’ does NOT affect the requirements to file campaign finance reports.”
In deciding whether a television advertisement made by the Committee for Justice & Fairness (CJF) was “express advocacy” or issue-oriented speech, and therefore requiring registration and reporting by CJF as a political committee, the county court found, “A.R.S. §§16–901, –901.01, –902.01, –913, and related statutes are unconstitutional.”
The Secretary of State will appeal the ruling, according the Verde Independent.
October 19, 2012 •
News You Can Use Digest – October 19, 2012
Here are highlights from the latest edition of News You Can Use:
Federal:
American Bridge Super PAC Uses Unique Research, Tracking Strategy to Hold Republicans Accountable
Lobbyists Ready for a Comeback under Romney
From the States and Municipalities:
Alabama
91-Year-Old Alabama Mayor Admits to $201,000 Theft
California
Campaign Watchdogs Say Arizona Group’s $11 Million Donation Exploits Loophole in California Law
Florida
Legislature’s New Leaders Back Tough Ethics Reform
Georgia
Loopholes Abound in Some Lobbyist Gift Bans
Illinois
City Axes Speed Camera Firm’s Bid, Citing Delay in Reporting Ethics Case
Montana
Montana Contribution Limits in Place through Election
New Jersey
Bergen Executive’s Veto of Changes to Political-Contributions Law Draws No Challenge
Ohio
Ohio Early Voting Cleared by High Court in Obama Victory
Oklahoma
Oklahoma Ethics Commission Will Lose Three Key Workers on Same Day
Pennsylvania
Lobbyists’ Checks Buy Lawmaker Access
Washington
Seattle City Council Revamps Campaign Finance Rules
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.
October 17, 2012 •
Montana Political Contribution Limits Remain, For Now
Stay of Lower Court Decision Remains Pending Resolution of Appeal
Yesterday, the Ninth Circuit Court of Appeals issued a 41 page opinion explaining its continuing stay of a lower court’s decision ruling certain statutory contribution limits in Montana were unconstitutional and unenforceable.
On October 3, the U.S. District Court for the District of Montana, issuing a decision in Lair v. Murry, found the contribution limits in Montana Code Annotated §13-37-216 “prevent candidates from ‘amassing the resources necessary for effective campaign advocacy.’”
On October 9, after the District Court had denied a request to stay its Order, the Court of Appeals reinstated Montana’s campaign contribution limits, overruling the District Court. The District Court was ordered to outline the reasoning for its decision.
The next day, on October 10, the District Court issued a 38 page Opinion and Order detailing its reasoning. The Court of Appeals has rejected the District Court’s arguments, concluding “the state is likely to succeed on appeal.”
James. W. Murry, the Commissioner of Political Practices, has stated “that contribution limits are in effect and will be enforced.”
October 16, 2012 •
Tuesday Lobbying and Campaign Finance News
Keep up with the latest government relations news with these articles:
Lobbying
“Lobbyists ready for a comeback under Mitt Romney” by Anna Palmer in Politico.
“Lobbyists Might Join Romney’s Team” by Kate Ackley in Roll Call.
“Hill Climbers: Long Hill Career Leads to K Street” by Molly C. Braswell in Roll Call.
Wyoming: “ALEC Model Bill Group Triggers Calls for Transparency” by Greg Nickerson in WyoFile.
Campaign Finance
“The IRS’s ‘feeble’ grip on big political cash” by Kenneth P. Vogel and Tarini Parti in Politico.
Ethics
Florida: “Gaetz unveils massive ethics overhaul proposal” in the Orlando Sentinel.
October 16, 2012 •
Seattle Amends Campaign Finance Rules
New law to limit incumbents’ advantage over challengers
The Seattle City Council approved a bill last night that changes the way campaign finance will work in future elections. Council Bill 117548 was approved by a 7-2 vote, but it will not take effect until after the upcoming November elections.
The new law changes the definition of election cycle, which now starts January 1 in the year prior to the general election for that office and will end April 30 following the election. Candidates will only be allowed to raise money and accept contributions during the election cycle period. The new law also limits the amount of money incumbents can carry over to the next election. The council believes that this will give challengers more of an opportunity to unseat an incumbent.
Currently, there is no limit to how much money candidates can stockpile, leading most incumbents to create massive war chests to fend off challengers. The new law does not allow any candidate to carry money over past the end of the election cycle. Current city council members have 30 days to transfer their current funds to a new campaign without being subject to the rules. Political committees are also subject to the carry-over provisions.
Finally, the new law also raises the contribution limits from $600 to $700 to candidates for mayor, city council, or city attorney.
October 15, 2012 •
California’s Late Contribution and Expenditure Laws to Begin Earlier in Campaigns
Assembly Bill 481 passed to increase transparency
Assembly Bill 481, recently signed by Governor Jerry Brown, is the latest amendment to the Political Reform Act of 1974. The changes are an effort to increase accountability and transparency by requiring faster disclosure of major contributions and independent expenditures occurring shortly before an election.
Definitions for late contributions and late independent expenditures have been expanded to include any aggregated contributions or expenditures of $1,000 or more made within 90 days before the date of the election. Disclosure of these late transactions is required within 24 hours of delivery. The law also requires advertisements to contain a disclosure of the two top contributors of the committee making the independent expenditure.
The Fair Political Practices Commission is currently revising the 2013 filing schedules in preparation of the January 1, 2013 effective date.
October 15, 2012 •
Monday News Roundup
Start the week off right with these government relations news articles:
Campaign Finance
“PACs attack: N.Y. seeing a flood of outside money” by The Associated Press in Pressconnects.com.
Florida: “Meet Florida’s big-time donors to super PACs” by Alex Leary in the Miami Herald.
“Md. referendum campaigns raise $53 million” by John Wagner and Aaron C. Davis in The Washington Post.
Lobbying
“Loopholes abound in some lobbyist gift bans” by Chris Joyner in the Atlanta Journal-Constitution.
“Patton Boggs moves to reinvent itself” by Catherine Ho in The Washington Post.
“Lobbying Efforts From Tech Companies Surge On Capitol Hill” in Fast Company.
Kentucky: “Ellen Williams joins McBrayer lobbying team” by Tom Lotus in the Courier-Journal.
Pennsylvania: “Lobbyists could be subject to open-records law” by Dan Miller in the Patriot-News.
Pennsylvania: “Lobbyists’ checks buy lawmaker access” by John L. Micek in the Morning Call.
Ethics
“Jackson Jr. probe focuses on house” by Kevin Robillard in Politico.
Campaigns and Elections
“Candidates turn to geo-targeting in ads” by Megan R. Wilson in The Hill.
“For politically playful news orgs, the 2012 election means social interactivity” by Adrienne LaFrance in Nieman Journalism Lab.
“Campaigns Mine Personal Lives to Get Out the Vote” by Charles Duhigg in The New York Times.
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.
