A US District Court has declared a Federal Election Commission (FEC) regulation regarding disclosure for “electioneering communications” invalid.

The US District Court for the District of Columbia found FEC regulation 11 CFR §104.20(c)(9), which requires disclosure only of those making contributions over $1,000 to an entity for the purpose of furthering electioneering communications, contradicts the statute which requires disclosure of all donors making contributions over $1,000.

Concluding the FEC does not have the authority to narrow the disclosure requirement required by law, the Court declared the regulation invalid by granting the plaintiff, U.S. Representative Chris Van Hollen, summary judgment.

The FEC had argued for the need for the regulation after FEC v. Wisconsin Right to Life, Inc. (WRTL), which concluded corporations and labor organizations were permitted to make expenditures for electioneering communications that did not constitute express advocacy or its functional equivalent. The commission believed requiring only disclosure of funds earmarked for the purpose of furthering electioneering communications appropriately provided the public with adequate disclosure information.

Addressing this argument in the decision, District Judge Amy Berman Jackson wrote, “The [FEC] cannot unilaterally decide to take on a quintessentially legislative function; if sound policy suggests that the statute needs tailoring in the wake of WRTL or Citizens United, it is up to Congress to do it.”

“Federal judge says Federal Election Commission went too far in shielding campaign ad donors” by The Associated Press in the Washington Post.

“US Joins Countries Not Enforcing Campaign-Finance Regulations” by Samuel Rubenfeld in the Wall Street Journal.

Connecticut: “Governor’s controversial campaign finance fix rejected” by Mark Pazniokas on CTMirror.com.

New York: “Albany to begin Act II of legislative session” by Jon Campbell in the Lower Hudson Journal News. Campaign finance will be on the agenda.

Federal:

Democratic Rep. Bobby Rush Escorted from House Floor for Wearing Hoodie in Honor of Trayvon Martin

Payday Lender Political Donors Hidden in Corporate Names

Super PACs Rival Chamber

From the States and Municipalities:

Arizona

After Bowl Scandal, Many Arizona Legislators Still Want Tickets to Baseball Opener

California

Medco Settles California Pension Fund Kickback Case

Delaware

Lobbying Disclosure Bill Shines Critical Sunlight on Lawmaking Process

District of Columbia

D.C. Ethics Law Overhaul Hampered by Hiring Difficulties, Enforcement Duties

Georgia

‘Revolving-Door’ Powers Politics

Hawaii

Judge Confirms Hawaii Can’t Limit Independent Expenditures

Illinois

Employee Gift Ban Recommendation Still Has Few Takers

Iowa

Iowa’s Lobbying Free-for-All

New Mexico

Salinas Seeks High Court Aid

New York

Lobbyists Reaping $220 Million Bonanza

Utah

How Utah’s Capitol Marches to a Mormon Beat

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

“McCain predicts ‘huge’ U.S. campaign finance scandals” by Alina Selyukh (Reuters) in the Chicago Tribune.

“McCain Calls SCOTUS Decision on Campaign Spending ‘Stupid’” by Rebekah Metzler in the Chicago Tribune.

“Beware of the super-PAC: More lawmakers are fearing an ad ambush” by Joe Picard in The Hill.

Montana: “Conservative groups challenging campaign finance law formally seek Supreme Court intervention” by The Associated Press in The Republic.

Lobbying

“Lobbyists reaping $220M bonanza” by Rich Karlin in the Albany Times Union.

“Memo details oil, gas industry lobbying expenditures” by The Associated Press in the News Tribune.

“Review of lobbyist spending prompts House ethics meeting” by Jason Clayworth in the Des Moines Register.

National and Federal

“Can 46 rich dudes buy an election?” by Charles Riley in CNN Money.

“Obama ‘Super’ PAC Donors Among White House Guests” by Jack Gillum (Associated Press) in The San Francisco Chronicle.

“Planners for Democratic convention in Charlotte scramble to raise funds” by David Nakamura in The Washington Post.

In the States

Indiana: “Super PACs start battle in Senate race” by The Associated Press in the Indianapolis Business Journal.

Iowa: “Group wants to close campaign finance loophole” by Rod Boshart in the Sioux City Journal.

Montana: “New arguments filed in campaign finance case” by Matt Gouras in the Great Falls Tribune.

National:

Study: State governments at high risk for corruption

Federal:

Federal Contractors Donate to Super PAC Backing Romney

GOP Super PAC Men Seek to Overturn Donation Limits

Insider Trading Ban for Lawmakers Clears Congress

Senate Dems Push ‘Disclose Act 2.0’

From the States and Municipalities:

Alabama

Key Corruption Trial Attorneys to Be in Benefit

Georgia

Atlanta Ethics Nominee Withdraws Name; Legislation to Give City Council More Power is Shelved

Illinois

Democrats Now Press Smith to Resign

Kansas

Kansas Bill Would Allow Officials to Explain Ballot Items in ‘Plain English’

Wisconsin

Ethics Violations Filed against Prosser

Wisconsin

Supreme Court Dismisses Case Challenging Political Ad 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.

Our Highlighted Site of the Week is the Federal Election Commission’s (FEC) new Campaign Finance Disclosure Portal. The site was announced just yesterday and offers powerful resources allowing the visitor to access campaign finance data sets and perform advanced segmentation. The types of information included are independent expenditures; bundled contributions; candidate and committee summaries; receipts, disbursements, and a cash summary for PACs and National Party committees; leadership PAC and sponsor data; and much more.

According to the FEC’s news release: “The Commission announced the release of a new campaign finance disclosure portal that will simplify access to the wide range of data available on the agency’s website. The disclosure portal provides a single point of entry to federal campaign finance data.”

Information can be accessed through interactive maps, easily readable charts, or by searching with a name or keyword. Data sets can also be downloaded as XSD, XML, or CSV files in order to perform your own analysis or data mashup.

The FEC promises the Campaign Finance Disclosure Portal will be regularly updated throughout the election cycle. With both the site and its Disclosure Data Blog, you can subscribe to its feed via RSS so that you can keep up with any updates.

Enjoy your weekend everyone!

Federal:

2012 GOP Primary Shaping Up to Be Cheapest Race in Years

Group Offers $25,000 Reward for Exposing Secret Corporate Giving

From the States and Municipalities:

Alabama

Alabama Public Corruption Trials Focus on Bribes vs. Donations

Colorado

Spending by Super PACs in Colorado Is the Dominion of Democrats

Illinois

Part of Campaign Finance Law Nixed

Illinois

State Rep. Derrick Smith, of Chicago, Is Charged with Accepting Bribe

Kentucky

Senate Changes Schedule, Allowing David Williams to Attend Kentucky Basketball Game

Minnesota

Business-Backed ALEC’s Relations with Conservative Lawmakers Riles Democrats

New Mexico

Arrests Mount in Sunland Park Scandal; New Details about Alleged Extortion Threat Emerge

Ohio

Jimmy Dimora Convicted of Racketeering, 32 Other Corruption-Related Charges

Ohio

Legislator Charged in FBI Bribery Sting

South Carolina

Ard Resigns, Is Indicted, Gets Probation

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.

An advisory opinion request seeking to end the current aggregate limit on the contributions an individual may make to federal candidates has been made to the Federal Election Commission.

The request, made on behalf of Shaun McCutcheon, seeks to allow him to make political contributions to several federal candidates that would exceed the two-year aggregate limit currently set at $46,200 as provided in 2 U.S.C §441a(a)(3)(A).

The primary argument in the advisory opinion request argues the limit is unconstitutional because it violates a citizen’s right to speak and to associate with not just any candidate, but every candidate of his choosing.

If the FEC grants the request, Mr. McCutcheon plans to contribute amounts of $2,500 and $1,776 to 26 federal candidates

U.S. District Court Judge Marvin Aspen has removed limits on political contributions to groups that make independent expenditures on behalf of or against a candidate.

The decision in Personal Pac v. McGuffage specifically overturns the annual limits of $10,000 per individual, $20,000 per corporation or union, and $50,000 from a political action committee to an independent expenditure committee.

Noting the U.S. Supreme Court struck down such limits in the Citizens United case, Judge Aspen concluded that preventing actual and apparent corruption cannot justify restrictions on independent expenditures.

Campaign Finance

“The Super PAC Paradox” by Eliza Newlin Carney in Roll Call.

“The year’s busiest day of campaign fundraising shows how Springfield really works” by Ray Long and Alissa Groeninger in the Chicago Tribune.

“Group to appeal Iowa campaign finance ruling” by The Associated Press in the Globe Gazette.

Lobbying

“Retiring lawmakers openly eye K Street” by Anna Palmer and Jake Sherman in Politico.

“Lobbying pays off big for business” by Toluse Olorunnipa in the Miami Herald.

“Facebook ‘friends’ a new lobby firm” by Rachel Leven in The Hill.

Federal:

FEC Moves on Outdated Rules

One Super PAC Takes Aim at Incumbents of Any Party

From the States and Municipalities:

Alabama

Jury Acquits All Defendants, Including Means, in Gambling Corruption Case

California

Ethics Panel Raises Donation Limits in Municipal Campaigns

California

Trutanich Paid for YouTube Views of D.A. Campaign Videos

Georgia

Some Priorities Fade as Lawmakers Favor Social Issues Ahead of Election Season

Maryland

Bereano’s 1994 Conviction Upheld

Maryland

Leopold Indicted on Charges of Using Police Detail for Political Gain

Missouri

Honor for Rush Limbaugh is Fracas for Missouri

Nevada

Ethics Case Back before Nevada Supreme Court

New Mexico

Newly Elected Sunland Park Mayor to Seek Court Order to Do Job

Oklahoma

Ex-Senator Convicted of Bribery; Co-Defendant Free

Utah

Special Interests Busy Providing Perks to Legislators

West Virginia

W.Va. Ethics Panel Clarifies Cohabitation Law

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

“FEC told to tread carefully with post-Citizens United rule” by Rachel Leven in The Hill.

“FEC moves on outdated rules” by Robin Bravender in Politico.

“DC mayor defends himself amid probe into campaign finance irregularities” by The Associated Press in The Washington Post.

Super PACs

“Super PACs Outspent Candidates in Run-Up to Tuesday” by Brody Mullins and Alicia Mundy  in The Wall Street Journal.

“Super PACs Could Drive Total 2012 Election Spending to $9.8B” by Cotton Delo in Ad Age.

Lobbying

“Son of legendary lobbyist starts own firm” by Kevin Bogardus in The Hill.

Redistricting

“Between the Lines: The Last Two Redistricting Holdouts” by Shira Toeplitz, Abby Livingston, and Joshua Miller in Roll Call.

Citizens in 53 communities approved a measure on Vermont’s Town Meeting Day, coinciding with Super Tuesday, calling on the United States Congress to begin the process of amending the Constitution in order to clarify that corporations do not share the same rights as natural persons possess.

The push for such a measure is a result of the decision of the United States Supreme Court in the Citizen’s United case.

Bernie Sanders, U.S. Senator from Vermont, introduced such an amendment in December and appreciated support by his constituents for his efforts, noting “Unlike the U.S. Supreme Court, Town Meeting Day voters understood that corporations are not people.”