The New York City Campaign Finance Board has released revised proposed rules regarding the disclosure of independent expenditures in city elections.

The revised proposed rules are available here.

The revisions include a new definition of electioneering communication, different reporting requirements, and changes to covered expenditures.

The board will accept public written comment on the rules until March 2, 2012. The final rules will be adopted at a subsequent meeting of the board.

This afternoon Rhode Island Governor Lincoln D. Chafee announced the upcoming introduction of a bill requiring those engaged in “independent expenditures” and “electioneering communications” to report donors and expenditures and to include disclaimers on media and internet advertising.

The Governor’s bill, Transparency in Political Spending Act (TIPS), was created with legislative leaders and Common Cause Rhode Island.

The Governor’s press release detailing the bill defines “independent expenditure” is an expenditure that expressly advocates for the election or defeat of a clearly identified candidate and is not coordinated with any candidate’s campaign, authorized candidate committee or political party committee. “Electioneering communications” is defined as print, broadcast, cable, satellite, or electronic media communications not coordinated with any candidate, authorized candidate committee or political party committee which unambiguously identifies a candidate and is made within 60 days of a general or special election or within 30 days of a primary and can be received by 5,000 or more persons in the constituency.

Governor Chafee said, “[TIPS] seeks to [make] individuals and organizations trying to influence the outcome of an election accountable to the people of Rhode Island.” The collaboratively developed legislation was announced by the Governor with Common Cause Rhode Island’s Executive Director, John Marion, and the legislation’s sponsors: House Speaker Gordon Fox, Senate President M. Teresa Paiva Weed, Senate President Pro Tempore Juan Pichardo, and Representative Chris Blazejewski.

Amol Naik from Google, Elizabeth Bartz of State and Federal Communications, Ken Gross from Skadden Arps, and Michael Toner from Wiley Rein will be making up the Compliance Dream Team.

Bring your compliance concerns. This is your opportunity to unleash all those difficult questions regarding compliance issues.

Don’t miss the Public Affairs Council National PAC Conference. See you there!

“Super-PAC craze sweeps the nation” by Rachel Leven in The Hill.

“Feds Add Charge to Former Detroit Mayor Corruption Case” by The Associated Press on Governing.

“Chicago most corrupt city, report shows” by MJ Lee on Politico.

“Group fighting campaign finance laws in 3 courts ask federal judge to undo contribution limits” by Matt Gouras (Associated Press) in The Republic.

Arizona: “Ariz. lawmakers want elected officials to disclose use of public funds” by Howard Fischer in the East Valley Tribune.

Georgia: “Advocates push for ethics funding” by Charles Edwards on WABE News.

“Watchdog groups demand more money for ethics board” by in the Atlanta Journal-Constitution.

Maryland: “Maryland Ethics Panel Suggests Reducing Local Disclosure” by Brian Witte (Associated Press) on NBC Washington.

“Bill would require online disclosure” by Michael Dresser in the Baltimore Sun.

Minnesota: “Lobbying violations vex understaffed Minnesota regulator” by Brad Schrade in the Star Tribune.

North Carolina: “Dome: Few ethics complaints probed, report shows” by John Frank in The News & Observer.

Personal PAC, an abortion rights group, has filed a lawsuit seeking to strike down the limit on the amount of money given by donors to PACs.

Presently, the limit is set at $10,000 per election cycle.

Personal PAC is seeking an immediate and permanent injunction which would allow donors to make unlimited contributions to PACs.

Federal:

Ethics Reform Bill to Ban Insider Trading by Congress Members, Executive Branch by House

Obama Yields in Marshaling of Super PAC

From the States and Municipalities:

Arizona

Arizona Supreme Court Bars Candidate with Limited English

California

High-Speed Rail Tapped State Fund for Unusual Lobbying Contract

Connecticut

For Donovan, Lobbyist Bucks Seep Through Loophole

Georgia

With House Bill Stalled, Senator Targets Lobbyist Gifts

Michigan

Critics Worry Senate Ad Will Revive Asian-Bashing

Montana

Schweitzer Appoints Former Labor Leader to Head Political Ethics Office

Oklahoma

FBI Created Fake Company during Investigation of Oklahoma Legislature

Texas

New Rules Would Target ‘Bundlers’ Who Raise Big Sums for Austin Races

West Virginia

W.Va. Lawmakers Navigate Lobby Ban, Social Media

Wisconsin

Wisconsin GOP Leader Admits He’s Packing Heat in State Assembly
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.

A Montana Supreme Court’s decision upholding the state’s law prohibiting independent political expenditures by a corporation related to a candidate, in spite of Citizens United v. FEC, has been appealed to the US Supreme Court.

According to the SCOTUSblog, Justice Kennedy has called for a response from the state of Montana by 5 p.m. on Wednesday, February 15.

For a detailed explanation of the appeal, see Lyle Denniston’s article on SCOTUSblog at http://www.scotusblog.com/2012/02/new-citizens-united-sequel-2.

In December of last year, the Montana Supreme Court found Citizens United v. FEC did not compel invalidating the state’s 1912 Corrupt Practices Act.

In the Court’s majority opinion in Western Tradition Partnership, Inc. v. Attorney General of the State of Montana, the Court wrote, “The corporate power that can be exerted with unlimited political spending is still a vital interest to the people of Montana.”

The Court concluded the state, because of its history and the history of the Act, has a compelling interest to impose statutory restrictions, emphasizing the Citizens United decision allows restrictions to be upheld if the government demonstrates a sufficiently strong interest.

In making its argument, the decision asserts that a “material factual distinction between the present case and Citizens United is the extent of the regulatory burden imposed by the challenged law.” The Court found in contrast to the “complexity and ambiguity” of restrictions for federal PACs, PACs formed and maintained in the state are “easily implemented” by the filing of “simple and straight-forward forms or reports.”

Attorney James Bopp, Jr., counsel of record for the petitioner, argues for the US Supreme Court to summarily reverse the Montana decision, writing, “The lower court’s refusal to follow Citizens United is such an obvious, blatant disregard of its duty to follow this Court’s decisions that summary reversal is proper.”

A New Jersey state appellate court has reaffirmed the New Jersey Election Law Enforcement Commission (ELEC) has the authority to enforce the state’s campaign finance laws.

In Nordstorm v. Lyon, the Appellate Division reversed a lower court’s decision not to defer to ELEC’s jurisdiction for enforcement of campaign contributions and reporting violations.

In affirming the power of ELEC, the Appellate Division held, “We reach our conclusion that ELEC has exclusive jurisdiction regarding reporting violations because of the overarching legislative goals of (1) guaranteeing transparency of campaign contributions and expenditures, (2) ensuring that disclosures of the same be managed and controlled by a single agency, and (3) implementing remedies for violations of the Reporting Act through a uniform and predictable system of sanctions.”

The case arose following a close Republican Party primary election for Morris County Freeholder between William “Hank” Lyon and Margaret Nordstrom. In its press release, ELEC Executive Director Jeff Brindle said if the lower court ruling had not been overturned, “it would have subjected candidates and committees to inconsistent application of the Campaign Reporting Act in enforcement actions.’’

Lobbying

“A record year for lobbying industry” by Michael Shaw in the Sacramento Business Journal.

“Lobbying Money Hits New Record” by Jenny O’Mara on KBPS.org.

Campaign finance

“Michigan Democrats are taking 1st shot at corporate funding with proposed ethics, campaign finance reform” by Rob South in Michigan Live.

Gov 2.0 and Social Media

“Consumers Turn to Social Media for Presidential Campaign Info” in yesterday’s eMarketer.

“New York City Readies for a Website Overhaul” by Sarah Rich in Government Technology.

Redistricting

Iowa – “5 Iowa legislators resign following redistricting” by The Associated Press in the Muscatine Journal.

Massachusetts – “In redistricting’s wake, Rep. Paul Adams opts to run for state Senate” by Matt Murphy in the Boston Herald.

Ohio – “Only 3 of 16 districts competitive in new map” by William Hershey in the Dayton Daily News.

Pennsylvania – “Targeted lawmakers stuck in ‘political limbo’” by Rachel Weaver in today’s Pittsburgh Tribune-Review.

The law created new PAC reporting requirements. PACs must file quarterly reports on the 15th day of the month following the end of a calendar quarter. From July 1st of an election year until December 31st of that year, PACs must file monthly reports by the 15th day of the month following the reporting period. From October 1st of an election year until November 30th, reports must be submitted on the 15th and 30th day of each month. A final report covering transactions after the January 1st following the election must be filed 90 days after the election.

Because 2012 is an election year in Puerto Rico, the law makes provisions regarding contribution limits. A contribution of up to $2,500 may be given by a PAC to a candidate between January 1, 2012 and March 18, 2012. An additional contribution of up to $2,500 may be given to each candidate between March 19, 2012 and November 6, 2012. PACs may not give more than $12,500 in the aggregate per election in 2012.

Puerto Rico has also joined the growing list of jurisdictions with pay-to-play laws. Puerto Rico prohibits contributions while a corporation is in the process of obtaining a permit, franchise, or government contract. Once the process of obtaining the permit, franchise, or government contract is completed, a corporation may make a contribution from their PAC. At the municipal level, contributions to local candidates are prohibited if the corporation is seeking a permit, franchise, or contract with the local jurisdiction.

Governor John Hickenlooper signed the first bill to come out of the 2012 legislative session on Monday, January 30, 2012. The bill, Senate Bill 12-014, moves the date for candidates, committees, and political parties to begin filing biweekly campaign finance disclosure reports from the first Monday in July prior to the primary election to the first Monday in May prior to the primary election. This settles an ongoing dispute between lawmakers and Secretary of State Scott Gessler over filing biweekly reports prior to the state’s June 26, 2012 primary.

Lawmakers neglected to alter the beginning of biweekly reporting dates during the 2011 session when they chose to move the state’s primary date from August to June. In reaction to this, Gessler issued a rule declaring biweekly reporting would not begin until after the primary election so as to avoid requiring biweekly reporting for the 2012 election to begin in July, 2011.

After facing backlash from critics claiming he was trying to reduce transparency and following a vote by a legislative committee not to include the rule in the package of approved rules, Gessler issued a new rule declaring biweekly reports would begin for the June 2012 primary election on January 30, 2012, but future primary elections would require biweekly reporting to begin in July of the off-election year and continue until the last Monday of the biweekly schedule prior to the primary.

Unhappy with this decision by Gessler, lawmakers were able to pass SB 12-014 in time to avoid beginning biweekly reporting on Monday. The first biweekly report will now be due May 7, 2012.

National:

Study Finds Compliance Officers Are Highly Stressed

Federal:

Ex-Gingrich Adviser Now Trying to Close Lobbying Loopholes

Gabrielle Giffords Bids an Emotional Farewell to Congress

Meet the ‘Super Super PAC’

From the States and Municipalities:

California

Campaign Donation Limits Lifted

Georgia

Ethics Bill Gets Cool Reception in Georgia House

Hawaii

Think Hawaii’s Tough on Ethics? Try Iowa

Massachusetts

Scott Brown, Elizabeth Warren Pledge to Curb Outside Campaign Spending

New Mexico

Protesters Scuffle with [Lawmakers]

Ohio

Cleveland Television Station Covering High-Profile Ohio Bribery Trial with On-Air Puppet Help

Ohio

Lobbyists Sponsor Party for Kasich

Oklahoma

Ethics Proposal Would Allow Lobbyists to Skirt Spending Limit, Buy Meals for Oklahoma Lawmakers

Pennsylvania

Limits Raised on Philly Campaign Contributions

Utah

Gym Fees? Utah Politicians Find Loophole in Ethics Law

Washington

Appeals Court: Top 2 Primary OK, but not recall contribution limits

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 2012 Campaign Finance Maps page. You can play with interactive maps of the states for information about the 2012 Presidential Candidates, or the House and Senate elections.

With just a mouse-over you can view the amount of contributions by state, and with just a bit more work you can search the amount received by each candidate, and the amount given by a donor’s name.

For the presidential races, you can drill down in each state for data down to the zip code level. For the candidates in the congressional elections, you can view the campaign finance information by the congressional district of each state.