September 14, 2012 •
West Virginia Public Campaign Finance Program Invalidated
Violates free speech rights of candidates receiving private contributions
The West Virginia Supreme Court has struck down the state’s public campaign financing pilot program.
The program, similar to other programs invalidated in Arizona and Nebraska, provided additional public financing to candidates whose privately-financed opponents made expenditures beyond a certain amount.
The court held that West Virginia’s program violated privately-financed candidates’ free speech rights by essentially preventing them from making expenditures in order to avoid their opponents’ receipt of additional funds.
September 14, 2012 •
Friday News Roundup
Let’s close out the week with these government relations articles:
Campaign Finance
“House Dems push new campaign finance reform” by T.W. Farnam in the Washington Post.
“FEC move on wireless campaign contributions could aid Democrats” by Adam Mazmanian in Nextgov.
“Groups Ask Appeals Court to Keep Issue-Ad Donors Secret” by Tom Schoenberg in Bloomberg News.
“US election system criticised over finance rules and voting restrictions” by Karen McVeigh in The Guardian.
Minnesota: “Campaign Finance Board stands by ‘John Doe decision’” by Tom Scheck in MPR News.
“’Citizens United’ on the Corporate Court” by Jamie Raskin in The Nation.
Lobbying
“Lansing lobbyists’ spending on record pace” by Rich Robinson in the Michigan Campaign Finance Network.
Ethics
“Gov. Christie to stop showing GOP-produced video before town hall meetings” by Jenna Portnoy in the Star-Ledger.
Social Media
“New Tool Verifies Authenticity of Gov’t Social Media Sites” by John K. Higgins in E-Commerce Times.
Redistricting
“Serious problems still exist’ with redistricting maps, attorney tells Pennsylvania Supreme Court” by Nick Malawskey in the Patriot-News.
September 14, 2012 •
Los Angeles City Council Approves Campaign Finance Reforms
Contribution limits to rise
City Council has approved campaign reform measures for candidates and political committees. The new ordinance raises contribution limits to candidate campaigns from $500 to $700 in council races and from $1,000 to $1,300 in citywide races.
Beginning in 2015, public matching funds will be given for donations raised only within city limits. To be eligible for the city money, candidates will have to collect contributions from at least 200 people living in the district they hope to represent.
Beginning next year, candidates will also be eligible for increased matching funds, including four public dollars for every dollar contributed during the general election and two dollars for every dollar contributed during the primary. Donors will also be able to give to campaigns via text message.
The ordinance is scheduled for a final vote next week.
Photo of Los Angeles by Bobak on Wikipedia.
September 14, 2012 •
News You Can Use Digest – September 14, 2012
Here are highlights from the latest edition of News You Can Use:
National:
Democrats Risk No Female Governor, First Time in 17 Years
U.S. Election System Criticized Over Finance Rules and Voting Restrictions
Federal:
Andrews Used wife to Vet Use of Campaign Funds on Trip
Look-Alike Sites Funnel Big Money to Mystery PAC
From the States and Municipalities:
Arizona
Ex-Fiesta Bowl Lobbyist Takes Plea Deal in Probe
Illinois
Appeals Court Upholds Illinois Campaign Disclosure Law
Minnesota
Despite Campaign Finance Ruling, Regulators to Continue Requiring Disclosures
Montana
Republicans Ask Court to Axe Montana’s Campaign Contribution Laws
Nebraska
AG: Sen. Council withdrew campaign funds at casinos
New Jersey
Mayor of NJ’s Capital Arrested in Corruption Probe
New York
West Virginia
West Virginia Court Candidate Denied ‘Rescue Funds’
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.
September 13, 2012 •
Thursday News Roundup
Keep up with the latest lobbying, campaign finance, government ethics, redistricting, and social media news with these articles:
Lobbying
“Lobbyists Keep Busy Despite Legislative Lull” by Kate Ackley in Roll Call.
“How Many Lobbyists Are Really Breaking the Law?” by Elahe Izadi in the National Journal.
Campaign Finance
Montana: “Republicans ask court to axe Montana’s campaign contribution laws” by Matt Gouras (Associated Press) in The Republic.
New Jersey: “Political action committees gave $18M to N.J. campaigns last year, analysis shows” by Matt Friedman in the Trenton Times.
Redistricting
Ohio: “Ohio Supreme Court says ballot summary for redistricting issue is inaccurate” by Joe Guillen in the Plain Dealer.
Pennsylvania: “Supreme Court to hear redistricting arguments today” in the Pittsburgh Post-Gazette.
Ethics
“HHS chief violated law restricting political activity, OSC finds” by Eric Katz in Government Executive.
“Scandals are making uphill battles even steeper for some lawmakers” by Alexandra Jaffe in The Hill.
Alaska: “APOC says Senate candidate failed to disclose clients” by Richard Mauer in the Anchorage Daily News.
Social Media and tech
“You Gotta Have Friends: New Study Shows Facebook Can Get Out the Vote” by Micah L. Sifry in TechPresident.
“Study: Facebook drove turnout in 2010” by Steve Friess in Politico.
“Facebook to Cities: Change Page Names, or Else” by Noelle Knell in Governing.
“Web pioneer providing voter database for free” by Gregory Korte in USA Today.
September 12, 2012 •
Appeals Court Upholds Illinois Campaign Finance Law
Disclosure cases likely to go Supreme Court
A federal appeals court in Chicago upheld an Illinois state law regarding disclosure related to campaign advertisements. The Center for Individual Freedom, a Virginia based advocacy group, sued the state, claiming that its First Amendment rights were violated by a law that requires all entities, regardless of whether their main purpose is influencing elections, to register and report as a political committee once it spends $3,000 for independent expenditures in a 12-month period.
In dismissing the case, the court ruled this law did not violate the free speech rights of organizations. The case was originally dismissed in district court last year on the same grounds.
This continues an ongoing cycle where groups are suing states, and obtaining mixed results, for the state’s disclosure laws based on the Supreme Court’s landmark Citizens United decision in 2010. Most experts believe these cases will eventually end up in Supreme Court, where the nation’s highest court will determine whether states can force groups to disclose donors who wish to remain anonymous.
September 11, 2012 •
Tuesday News Roundup
Take a look at these lobbying, campaign finance, and social media articles:
Lobbying
“ALEC Finds New Friends” by Janie Lorber in Roll Call.
Arizona: “Ex-Fiesta Bowl lobbyist takes plea deal in probe” by Craig Harris in the Arizona Republic.
Campaign Finance
“Appeals court upholds Illinois campaign disclosure law” by Nate Raymond (Reuters) in the Chicago Tribune.
Minnesota: “Minnesota to keep enforcing campaign disclosure law; federal judge called part of it ‘onerous’” by Martiga Lohn (Associated Press) in the Minneapolis Star Tribune.
“Nonstop Fundraising Stretch Starts” by Kate Ackley in Roll Call.
“Rahm Emanuel suspends super PAC fundraising” by Kenneth P. Vogel in Politico.
“Shop Talk: Celebrating Campaign Women” by Kyle Trygstad in Roll Call.
“Look-alike sites funnel big money to mystery PAC” by Shaqne Goldmacher in NextGov.
“Corporate Contributions and Disclosure” editorial in the New York Times.
Social Media
“Twitter adopts new targeting method for advertisers” by Steve Friess in Politico.
“Cementing social media’s place in the campaign world” in Campaigns & Elections.
“Social-Media Insights Inspired By Barack Obama, America’s First Truly Social President” by Amber Mac in Fast Company.
“Nine Tech Tips for Starting a New Government Job” by Mark Micheli in Government Executive.
“Social Media Mistakes That Can Ruin Your Government Career” by Mark Malseed in OhMyGov!
September 10, 2012 •
Ask the Experts – Election Year Compliance
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. Are there any additional compliance requirements of which to be aware because this is a Presidential election year?
A. In a word, no. However, given the substantial increase in federal, state, and local contributions, it is important to keep in mind some compliance basics during an election year:
- Be aware of what restrictions exist in a specific jurisdiction regarding pre-election contributions and/or communications. Several states have laws restricting contributions within a certain time period of an election. Federally, there are time-period restrictions associated with election communications;
- Track reportable contributions that may only come into play during an election year. For instance, at the federal level, contributions made to an inaugural committee are reportable on the LD-203;
- The same gift laws apply leading up to an election as the rest of the year. Understand the definition of a gift as it relates to a “covered official” from any given jurisdiction and don’t violate it because you happen to be attending an election-related activity, including conventions;
- Most jurisdictions have personal, corporate and/or PAC contribution limits. Be diligent in monitoring contributions so as not to surpass those limits;
- Don’t rely on a “covered official” from any jurisdiction to know his/her jurisdiction’s limits or restrictions. Be proactive in determining restrictions ahead of time; and
- Consider implementing “Election Year” guidelines within your organization to keep everyone on the same page.
In an election year, the increase in activity coupled with jurisdictional differences can make compliance a little trickier. By following these fundamental guidelines, you are more likely to ensure that at the end of the day you can say, “I Comply.” As always, should you have any questions regarding your compliance efforts, don’t hesitate to refer to State and Federal Communication’s on-line source books or contact us directly.
You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.
(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.
September 10, 2012 •
News You Can Use Digest – September 10, 2012
Here are highlights from the latest edition of News You Can Use:
National:
Republicans Losing Election Law War as Campaign Ramps Up
Federal:
Parties Raise Record Cash after ‘Soft Money’ Ban
Politics and Truth: Uneasy partners, easy enemies
From the States and Municipalities:
California: Campaigns against Proposition 8 Fined $80,000 for Reporting Violations
District of Columbia: D.C. Corporate Donations Ban Won’t Be on November Ballot
Georgia: Oversight Weak on Expense System for Georgia Lawmakers
Massachusetts: Lobbyists Sue Galvin Over Disclosure Rule
Minnesota: Court Quashes Part of Minnesota’s Campaign Finance Law
Montana: Denny Rehberg, GOP Senate Candidate, Said Lobbyists Are ‘Solution,’ Government Is ‘Enemy’
New York: New York Ethics Inquiry Won’t Look at Speaker’s Actions
New York: NY Super PAC Disclosures May Miss 2012 Elections
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.
August 31, 2012 •
News You Can Use Digest – August 31, 2012
Here are highlights from the latest edition of News You Can Use:
National:
Voters Still Tuned in to Traditional News Media, Poll Finds
Federal:
Four-Day Political Conventions Could Be a Thing of the Past
GOP Plank in 2012 Platform Wants to Leave Campaign Spending Alone
From the States and Municipalities:
California
California Lawmakers Say ‘No Gifts, Please’ But Accept Them Anyway
Colorado
Court Rules against Gessler in Campaign Change
District of Columbia
New D.C. Campaign Finance Reform Would Ban Lobbyist Bundling
Iowa
Trust Donation Rules Spelled Out
New York
Lawmaker-Lobby Guidelines Emerge
South Carolina
Former South Carolina Governor Confirms Engagement to Argentine Ex-Mistress
Texas
Court Blocks Texas Voter ID Law, Citing Racial Impact
Washington
Campaign Finance Watchdog: Churches can’t be intermediary for gay marriage referendum 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.
August 30, 2012 •
Campaign Finance and Ethics in the News
Keep up with the latest news with these campaign finance, ethics, and social media articles:
Campaign Finance
“Obama calls for constitutional amendment to overturn Citizens United” by Byron Tau in Politico.
New York: “Candidates who didn’t file financial disclosure listed here” by Rick Karlin in Capitol Confidential.
Ethics
South Carolina: “‘Unusual alliance’ calls for tougher state ethics laws” by Andrew Shain in The State.
Social Media
“Answers from Barack Obama’s ‘Ask Me Anything’ on Reddit” by Micah L. Sifry on TechPresident.
“Obama vows to fight for Internet freedom on Reddit” by Joseph Marks in NextGov.
“Welcome to Excellence in Government Online” by Bryan Klopack in Government Executive.
August 30, 2012 •
California’s San Bernardino County Sets Contribution Limits
$3,900 limit and $10,000 disclosure requirement begin in 2013.
The Board of Supervisors has adopted an ordinance limiting campaign contributions for all county elective office candidates, and increasing public disclosure requirements for independent expenditures.
The new ordinance limits contributions to $3,900 per election cycle from a single source, including corporations, special interest groups, and individuals. The ordinance also requires all county candidates and independent expenditure committees to electronically report contributions and expenditures exceeding $10,000.
The ordinance goes into effect January 1, 2013.
Seal of San Bernardino County courtesy of Jetijones on Wikipedia.
August 29, 2012 •
Wednesday Lobbying and Campaign Finance News
Also government ethics, redistricting, and social media
Lobbying
“The Art of Going Corporate at Political Conventions” by Diane Brady in Bloomberg Business Week.
“K Street preps for Hurricane Isaac” by Dave Levinthal in Politico.
“Lobbyists, businesses pamper New Jersey delegates with food, parties” by Melissa Hayes in The Record.
District of Columbia: “New D.C. Campaign Finance Reform Would Ban Lobbyist Bundling” in the Blog of the Legal Times.
New York: “Lawmaker-lobby guidelines emerge” by Rick Karlin in the Albany Times Union.
Ottawa, Canada: “New lobby registry looks easy as pie” by Joanne Chianello in the Ottawa Citizen.
Campaign Finance
California: “Unleashing the Campaign Contributions of Corporations” by Eduardo Porter in The New York Times.
Pennsylvania: “With money to burn, Fitzpatrick won’t limit spending” by Gary Weckselblatt in The Intelligencer.
Washington: “Churches can’t be intermediary for gay-marriage law donations, watchdog says” by Rachel La Corte (Associated Press) in The Olympian.
Ethics
Illinois: “Emanuel appointees propose more oversight on ethics” by Hal Dardick in the Chicago Tribune.
New York: “NY ethics board hires another Cuomo aide” by The Associated Press in the Utica Observer Dispatch.
New York: “Silver’s Sexual-Harassment Payout May Get New York Ethics Review” by Freeman Klopott in Bloomberg Business Week.
New York: “New York Can’t Escape Corruption as Senator Huntley Indicted” by Freeman Klopott and David McLaughlin (Bloomberg) in the San Francisco Chronicle.
North Carolina: “Dalton rolls out ethics package, term limits” by Travis Fain in the Greensboro News and Record.
Utah: “Utah cities, counties, guv preparing for new ethics commission law” by Cathy McKitrick in the Salt Lake Tribune.
Redistricting
Arizona: “Ariz. GOP: Redistricting commission’s existence illegal” by Howard Fischer in East Valley Tribune.
Texas: “Texas redistricting plan ruled illegal” by Gary Martin and Gary Scharrer in the San Antonio Express-News.
Social Media
“Ann Romney Was Most-Searched, Most-Tweeted Tuesday Night Speaker” by Alex Fitzpatrick in Mashable.
August 29, 2012 •
D.C. Mayor Proposes Campaign Finance Reform
Public comment to be open until September 17th
Mayor Vincent Gray and Attorney General Irvin Nathan have introduced a proposal for an overhaul of the city’s campaign finance laws. The proposal includes pay-to-pay provisions that will limit when contractors may contribute to public officials. It will also make electronic disclosure mandatory and increase the disclosures already in place. The proposal would also ban lobbyists from bundling political contributions.
These proposed reforms come at a time when the district has been inflicted with a rash of campaign scandals, including one involving Mayor Gray’s campaign.
The proposal will now go through a public comment period until September 17th. At that point, the proposal will be formally sent to the district council.
Photo of the John A. Wilson Building by Awiseman 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.