Lobbying

“Lawmaker Sues State Bar Over Lobbying” by Joe Harris in the Courthouse News Service.

“Long-time lobbyist to retire” by Bill Rankin in the Atlanta Journal-Constitution.

Campaign Finance

“Changing campaign-finance laws might not deter corruption” by Lydia Coutré in the Columbus Dispatch.

“Top donors go all in on state ballot measures” by Will Evans in the Bay Citizen.

Ethics

“State Ethics Commission clears Sen. Gary Siplin in newsletter complaint”  in the Miami Herald.

Social Media and Technology

“The Rise of Mobile in Election 2012” by Matt Petronzio in Mashable.

“Online, Next Presidential Debate Will Feature a Moderator that Wasn’t” by Micah L. Sifry in TechPresident.

“Code for America Accelerator Program Takes Shape” by Sarah Rich in Government Technology.

Legislative Issues

“Bill limits N.J. legislators’ unexcused absences” by The Associated Press in NorthJersey.com.

National:

Are Voter ID Opponents Winning the Battle but Losing the War?

Federal:

House, Senate Campaigns Welcome Lobbyists Shunned by Team Obama

Obama, Romney Face Most Narrow Electoral Map in Recent History

From the States and Municipalities:

Arizona

State Lawmaker Ben Arredondo Pleads Guilty to Two Felonies

Florida

Butterworth Skirts State Lobbying Laws to Land $44 Million-a-Year Contract in Broward

Illinois

Federal Judge Upholds Limits on Contributions to State Candidates

Maryland

Del. Tiffany Alston Suspended from Office, General Assembly Lawyer Says

Montana

Appeals Court Reinstates Campaign Finance Limits

Nevada

Ross Miller Pursues Campaign Finance Law Violations against AFP

Ohio

Ohio Republican Party Reaches Settlement to Resolve Complaint That it Lied in Campaign Literature against Redistricting Issue

Texas

DeLay Attorneys: Ex-GOP Star Didn’t Launder Money

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.

Campaign Finance

“How Citizens United has transformed campaigns: An introduction to Big Sky, Big Money” by Kai Ryssdal on Marketplace.

“Celebrities Recruited to Make Case on Campaign-Finance Reform” by Thomas Kaplan in The New York Times.

Lobbying

“Nats fever sweeps Congress, K Street” by Kevin Bogardus in The Hill.

Government Tech and Social Media

“New App Opens Up Presidential Documents” in Government Technology.

Campaign Finance

California: “Prop 32: Union and Corporate Campaign Contributions” by Ben Adler in Capital Public Radio.

New Mexico: “Non-N.M. Groups Give Thousands” by Dan Boyd in the Albuquerque Journal.

Texas: “Court hears DeLay appeal in campaign finance case” by Peggy Fikac in the Houston Chronicle.

Ethics

“Hawaii Ethics Commission Still Missing a Member” by Anita Hofschneider in the Honolulu Civil Beat.

“W.Va. Ethics Commission sets Jan. 28 hearing on allegations against Beckley mayor” by The Associated Press in The Republic.

Social Media and Government Tech

“Hardly Anyone Using Campaign Apps, Survey Says” by Nick Judd in TechPresident.

“Where is E-Government Communication Headed?” by Matt Williams in Government Technology.

Yesterday, the Ninth Circuit Court of Appeals reinstated Montana’s campaign contribution limits under Montana Code Annotated §13-37-216, overruling the District Court. The District Court is ordered to outline the reasoning for its decision, according to AP reports.

On October 3, 2012, 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.’”

Yesterday, the District Court had denied a request to stay its Order, according to the Independent Record. The Attorney General and the Commissioner had appealed the October 3 Order to the Ninth Circuit Court of Appeals.

Even though the District Court has ruled some of Montana’s political contribution limits unconstitutional, the Commissioner of Political Practices wants candidates and political donors to stick to the statutory restrictions.

On October 5, Commissioner James W. Murry issued a statement “strongly recommend[ing] that candidates, political committees, and contributors abide by the contribution limitations that are provided in the statute.”

In his statement, the Commissioner said, “This office will continue to review Judge Lovell’s October 3rd Order as well as any additional orders issued by the courts to determine the current status of the laws relating to campaign contributions.”

UPDATE: Today, the Commissioner has issued an additional statement regarding the Court of Appeal’s decision: “The result of the Ninth Circuit order is that contribution limits are in effect and will be enforced.”

Campaign Finance

“Members’ PACs Test Unregulated Spending” by Eliza Newlin Carney in Roll Call.

“Harvard Law professor talks campaign finance corruption” by Ben Atlas in the Michigan Daily.

South Carolina: “Groups calling for probe into Harrell spending” by Meg Kinnard (Associated Press) in the Spartanburg Herald-Journal.

Ethics

“Texas Ethics Commission fines Texas Rep. Allen Fletcher” by Caleb Harris in the Tomball Magnolia Tribune.

“Edward Wasserman: TV ‘watchdogs’ quiet as political ad cash rolls in” by Edward Wasserman in the Bellingham Herald.

South Carolina: “This year’s ‘hot’ SC campaign issue? Ethics” by Adam Beam in The State.

Elections

“Across the electoral map, a mixed picture for candidates down the ballot” by Karen Tumulty in the Washington Post.

The Fair Political Practices Commission has announced cancellation of the October 18, 2012 meeting. Regulations previously scheduled for review included a requirement for political committees to report expenses associated with online communications such as blogs, Facebook, and Twitter. Biennial adjustment reviews of campaign contribution limits, voluntary expenditure ceilings, and gift limits have also been postponed.

These and other potential regulation changes are tentatively scheduled to be considered during the December 13, 2012 commission meeting at 10:00 a.m. The meeting will be held in Board Chambers Room 310, County Administration Center, 1600 Pacific Highway, San Diego, California 92101.

Campaign Finance

“Big donors give far and wide, influencing out-of-state races and issues” in NBC News.

“Prosecutors face off over suspect campaign activity” by Jeremy Duda in the Arizona Capitol Times.

“Connecticut firm at center of new ‘Citizens United’ controversy” by Michael Beckel in the CTMirror.org.

“Boutique PACs making big splash in surprise races” by Susan Davis in the Indianapolis Star.

Ethics

“Congressional ethics committees protect legislators, critics say” by Scott Higham in the Washington Post.

“Congress members back legislation that could benefit themselves, relatives” by Kimberly Kindy, David S. Fallis and Scott Higham in the Washington Post.

Florida: “Ethics commission ‘wish list’ waiting for Legislature” by Matt Dixon in the St. Augustine Record.

Campaigns and Elections

“Voter Data: What the Candidates Know About You” by Elana Varon in Mashable.

“Campaigns Use Social Media to Lure Younger Voters” by Jenna Wortham in The New York Times.

Campaign Finance

California: “Crosby, Stills, Nash and Morello rage against Prop. 32” by Michael J. Mishak in the Los Angeles Times.

Montana:  “Montana appeals ruling as campaigns eye unlimited donations” by Mike Dennison in the Billings Gazette.

“James Bopp Jr. Gets Creative” by Jon Campbell in Slate.

Lobbying

Florida: “Butterworth skirts state lobbying laws with Broward contract” by Mary Ellen Klas in the Miami Herald.

Ethics

“Todd Akin Flubs Another Financial Disclosure, Amends 10 Years of Forms” by Neils Lesniewski in Roll Call.

Illinois: “Illinois powerbroker Cellini is sentenced to a year in prison” by Annie Sweeney in the Morris Daily Herald.

Pennsylvania: “Ex-LCB chairman Stapleton resigns amid ethics probe” by Angela Couloumbis in the Philadelphia Inquirer.

South Carolina: “Ethics Commission Owed $2 Million Plus in Fines” by Shawn Drury in the St. Andrews Patch.

Government Tech and Social Media

“Digital Campaigning: Meet the Marketing Wizards of D.C.” by Matt Petronzio in Mashable.

“Are Digital States Graduating with Honors, or in Detention?” by Kristy Fifelski in GovTech.

Photo of the U.S. Capitol by UpstateNYer on Wikipedia.

The Oregon Supreme Court has sided with state officials who refused to enforce a ballot measure limiting campaign contributions and spending. In 2006, voters approved Measure 47, but also rejected Measure 46, a constitutional amendment needed in order to allow the Measure 47 regulations.

Then-Secretary of State Bill Bradbury did not enforce Measure 47 based on the failure of Measure 46 and a 1997 decision by the high court finding contributions were protected under Oregon’s constitutional guarantee of free expression. Unless voters change the state constitution, or a future court decides differently, Oregon will continue to allow unlimited campaign contributions.

National:

Selling Votes is Common Type of Election Fraud

Federal:

For Election Losers, Many Paths through the Political Wilderness

Medical Research Funding Tied to Advocacy, Study Finds

From the States and Municipalities:

Arkansas

Americans for Prosperity Puts Big Money on Legislative Races in Arkansas

Illinois

Emanuel Replaces Ethics Board

Maine

Supreme Court Won’t Hear Appeal by Anti-Gay Marriage in Maine Case

Massachusetts

Native Americans Chafe at Brown-Warren Race

Minnesota

Campaign Finance Board Rules Minnesota Majority’s Dan McGrath Did Not Break Lobbying Rules

Montana

Judge Tosses Montana Campaign Finance Limits

Nevada

Nevada Secretary of State Seeks More Campaign Disclosure, Restrictions in Aurora Act

Oregon

Oregon Supreme Court Refuses to Limit Campaign Spending

Pennsylvania

Pennsylvania Voter ID Law Shouldn’t Be Enforced This Time, Judge Rules

Rhode Island

Ethics Commission Sets Hearing on Disclosure of Paid Trips for Officials

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.

Campaign Finance

“Campaign Fundraisers in D.C. Continue Despite Recess” by Kate Ackley in Roll Call.

New York: “Campaign finance reform uncertain” by Jimmy Vielkind in the Albany Times Union.

Lobbying

“US Rep. Frank: No paid lobbying after Congress” by The Associated Press in the Boston Globe.

Ethics

“SC lawmakers vow ethics reform” by Andrew Shain in The State.

Campaigns and Elections

“5 takeaways from the Denver debate” by Maggie Haberman in Politico.

A Federal Court has ruled Montana’s contribution limits are unconstitutional under the First Amendment.

On October 3, 2012, 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 Court has enjoined the state from enforcing the provisions of the code relating to limiting political contributions.

Montana Attorney General Steve Bullock issued the following statement: “In declaring our campaign contribution limits unconstitutional, a federal judge has effectively put Montana’s elections up for auction to the highest bidder. My office will aggressively pursue all legal remedies available to overturn this decision, including filing an emergency stay before the U.S. 9th Circuit of Appeals —the court which upheld Montana’s contribution limits just a decade ago.”

Q. I am interested in making contributions to state candidates in the upcoming elections. Does the fact that I’m a registered lobbyist affect my ability to contribute?

A. In certain states, being a registered lobbyist does impact your ability to give to a political candidate, ranging from a total ban on political activity, to simply having to report the contributions on your periodic reports.

In Arizona, Colorado, Iowa, Kansas, New Mexico, and Oklahoma, lobbyists may not make contributions to lawmakers while the state legislature is in session. Fortunately, in the context of the upcoming elections, most states have adjourned sine die. In California, a lobbyist may not make a contribution to a candidate for any office for which the person is registered to lobby. Because most lobbyists are registered to communicate with the legislature, this ends up being nearly a total ban on contributions to legislators. Similarly, in Kentucky, a lobbyist registered with the legislative branch may not make a contribution to a lawmaker. In Alaska, a lobbyist is only allowed to contribute to candidates for office within his or her voting district.

There are several states in which lobbyists are allowed to make contributions, but must disclose the donations on their lobbyist reports. Massachusetts, New Hampshire, New Mexico, Rhode Island, and Washington are examples.

Some states have unique provisions for politically-active lobbyists. In Pennsylvania, for instance, a lobbyist who makes political contributions must register and report in the same manner as PACs. Minnesota lobbyists must include their registration numbers in the memo section of campaign contribution checks.

If you or a member of your team would like to make a campaign contribution in a state in which you are registered, please contact a member of the State and Federal Communications Compliance Department for fact-specific guidance.

(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.