November 29, 2011 •
Georgia Ethics Agency Working to Catch-Up
The Georgia Government Transparency and Campaign Finance Commission is trying to catch-up five months after major staff changes and four months after launching an ambitious overhaul.
The overhaul split the commission staff into an administrative division, an investigative division, and a compliance-education division. In addition to these changes, a change in the reporting law has resulted in hundreds of delinquencies by local officials who are filing with the state for the first time. The agency has been required to devote time and resources to contact anyone in arrears by certified mail.
Meanwhile, larger investigations have stalled. Earlier this month the commission dismissed a case filed in 2004 because the statute of limitations had expired. A more recent complaint filed against a lobbyist who failed to timely file or register and who paid for a state official’s travel to Europe is now 10 months old and delayed.
Executive Secretary Holly LaBerge is expected to hire staff auditors and receive assistance from the attorney general’s office to aid prosecutorial efforts.
November 29, 2011 •
32 Rhode Island PACs and Groups Owe Fines to the State
Candidates owe even more
There are 32 political action committees and political party groups that owe campaign finance fines to the state of Rhode Island, according to a news item in GoLocalProv.com. The fines for the groups amount to more than $40,000, compared to political candidates who owe about one million dollars.
You can find the full story at “PACs & Political Parties Owe Tens of Thousands” by Dan McGowan in GoLocalProv.com. The article lists the groups that owe and details the steps the Rhode Island Board of Elections will be taking in order to collect the fines.
November 28, 2011 •
New Campaign Finance Rules Proposed in Colorado
Secretary of State Seeks Better Organization, Clarity with Proposed Changes
Secretary of State Scott Gessler has issued a notice of proposed rulemaking in regards to the Colorado Secretary of State Rules Concerning Campaign and Political Finance, 8 CCR 1505-6. Gessler has proposed a recodification of the rules in their entirety in an effort to improve organization and readability, clarify existing laws and regulations, and address questions arising under Colorado campaign and political finance laws.
Among the more notable changes, the proposed rules would limit fines for late or incomplete campaign finance reports to no more than $50 a day for 180 days, maximized to $9,000. The rules would also continue to utilize the $5,000 threshold at which issue committees would need to register and report, created by Gessler’s adoption of Campaign and Political Finance Rule 4.27, despite a recent state district court ruling that Gessler did not have the authority to increase the threshold from the constitutionally-mandated figure of $200 despite a finding of the threshold to be too burdensome in the recent Colorado case of Sampson v. Buescher.
A hearing regarding these proposed changes is scheduled for December 15, 2011 from 9:00 a.m. to 12:00 p.m. in the Blue Spruce Conference Room on the second floor of the Secretary of State’s Office.
November 28, 2011 •
News You Can Use – November 28, 2011
Here are highlights from the latest edition of News You Can Use:
Federal:
Democratic Groups Stalled on Launch Pad
FEC Permits Small Donor Channeling
Religious Lobbying Groups Multiply on Capitol Hill
South Jersey Congressman Spent $9,000 from Campaign Funds on Donor’s Wedding
From the States and Municipalities:
California
New Chair of Campaign Finance Watchdog Draws Strong Reactions
Connecticut
WFP Director Fined For Lobbying Without Badge
District of Columbia
D.C. Council to Consider Ethics Reform Bill
Illinois
Tony Rezko Sentenced to 10½ Years: Former Blagojevich fundraiser convicted of corruption
Massachusetts
Bump Knocked for Fundraising Letter
Mississippi
Campaigns Downplay Race, but Voters Don’t Follow Suit
Nevada
Trip to Brazil Raises Concerns about Lobbyists’ Access
Pennsylvania
City’s Lobbyist-Disclosure Program to Start in ’12
Washington
Right-Wing PAC Fights Campaign Disclosure
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.
November 22, 2011 •
Alabama Releases 2012 Campaign Finance Filing Calendar
Contains Increased PAC Filing Requirements
The Alabama Secretary of State’s office has released the 2012 campaign finance filing calendar.
The calendar incorporates the changes enacted by the Alabama Legislature as public acts 2011-687 and 2011-697 including increased frequency of reporting required by political action committees.
November 21, 2011 •
State Court Rules Against Colorado Secretary of State
Appeal of Ruling is Planned
The Denver District Court has ruled Colorado Secretary of State Scott Gessler did not have the authority to raise contribution thresholds concerning when state issue committees have to register and report their activity.
At issue was Gessler’s adoption of Campaign and Political Finance Rule 4.27, which increased from $200 to $5,000 the threshold at which an issue committee must register and report. The $200 threshold, set by the Colorado Constitution, was found to be too burdensome in the recent Colorado case of Sampson v. Buescher.
The court determined that, despite the conflict, Gessler’s alteration of the constitutionally mandated $200 threshold was an impermissible unilateral alteration of the Colorado Constitution. Gessler plans to appeal the ruling.
November 21, 2011 •
D.C. Council to Consider Ethics Proposal
Draft Seeks to Consolidate and Streamline Other Pending Proposals
The Council of the District of Columbia will soon consider legislation that would establish an independent ethics panel and reduce the amount of money council members can raise to help constituents. Council member Muriel Bowser has crafted draft legislation that seeks to streamline 10 separate reform proposals that have been introduced by council members in the aftermath of several ethics controversies.
The proposal sets up a three-member Board of Ethics and Government Accountability, prohibits lobbyists from offering discounted legal advice to council members, sets limits on how much the mayor and council chairman can accept from donors for transition and inaugural committees, and cuts by half the amount that council members can raise for constituent service funds. The proposal does not impose term limits or prohibit lobbyists from making political contributions as sought by other reform proposals.
November 17, 2011 •
FEC Approves GivingSphere’s Mobile Platform Plan for Political Contributions
Web Based Donations from Rebates
The Federal Election Commission (FEC) has issued an advisory opinion approving plans of a for-profit company’s mobile-based financial processing platform to collect and distribute funds to candidates, committees, and PACs.
GivingSphere, which allows individuals to make donations to charitable groups through the internet and mobile devices, requested an opinion about implementing contributions to political entities. Customer funds for contributions are accumulated by rebates earned by purchasing goods from merchants who participate in the GivingSphere affiliate program.
Advisory Opinion 2011-19 allows GivingSphere to transmit its customers’ funds in the form of political contributions. Additionally, the company may sell advertising space to political committees on its website, provide a searchable database of political committees to its customers, and permit political committees to post a ‘badge’ of the GivingSphere on their website.
Because GivingSphere is merely processing contributions, it will not be subject to any reporting requirements. The FEC press release can be found here.
November 17, 2011 •
Charles County Passes Ethics Ordinance
Removed Key Amendment
CHARLES COUNTY, MARYLAND: Commissioners made the decision to pass an ethics ordinance required by the state after removing a key amendment Tuesday. The amendment would have included stricter campaign finance and reporting laws.
After debate, the commissioners elected to remove the amendment and take up campaign finance and reporting as a separate piece of legislation in the future. The ordinance, as passed, states that commissioners can only represent the county, prohibits gifts over $20, and requires lobbyist registrations to be filed by January 15th.
All counties, municipalities, and school districts are required by law to pass an ethics ordinance.
November 15, 2011 •
Wayne County Commission Developing Comprehensive Ethics Ordinance
Ordinance to Address Conflicts of Interest and Improper Business Practices
WAYNE COUNTY, MICHIGAN: Wayne County will have a comprehensive ethics ordinance in place within the next 90 days, according to Wayne County Commission Chairman Gary Woronchak.
Commission attorneys are currently working on a draft of a Wayne County ethics ordinance. Hearings are expected in January, with final approval targeted for February.
The ordinance seeks to set enhanced standards of conduct for officials and employees and rules for disclosure designed to avoid conflicts of interest and improper business practices.
November 15, 2011 •
Minnesota Campaign Finance Board Discusses Electronic Filing
Board’s December Meeting to Address Specific Procedures
MINNESOTA: The Campaign Finance and Public Disclosure Board released a memo concerning electronic filing of campaign finance reports. Electronic filing of campaign finance reports will be mandatory for most committees beginning with reports covering calendar year 2012. The electronic filing requirement does not apply to 2011 year-end reports.
Additionally, the waiver of electronic filing request process will be discussed at the Board’s December 2011 meeting.
November 14, 2011 •
News You Can Use – November 14, 2011
Here are highlights from the latest edition of News You Can Use:
National:
Special Sessions: A calculated risk
Federal:
Obama Administration Draft Memo Could Shed Light on ‘Lettermarking’
Sunlight Foundation Follows Lobbyist Tweets
From the States and Municipalities:
Alabama
Alabama’s New Ethics Law Fails to Stop Exemption Requests from Lobbyists and Public Officials
California
California Legislators Head to Maui for Retreat Funded by Special Interests
California
Carrie Underwood Show Boosts Tribe’s Lobbying Expense
Colorado
Judge Warns Colorado Secretary of State Went Too Far in Raising Campaign Finance Threshold
Colorado
NBC News Can’t Pay for Colorado Governor’s Travel, Ethics Panel Says
Illinois
Clout, Corruption in Illinois to Take Other Forms
Kansas
Kansas’ Lobbyist Data Falls Far Short of Need, Watchdog Group Reports
Maryland
Maryland Sen. Currie Acquitted of Corruption Charges
Missouri
Missouri Lawmaking at Issue before High Court
North Carolina
N.C. Lobbyist Donations Ban Upheld By Federal Court
Wisconsin
First Recall Effort Launched against Walker, Triggering Unlimited Fundraising
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.
November 7, 2011 •
News You Can Use Digest – November 7, 2011
Here are highlights from the latest edition of News You Can Use:
National:
Largest U.S. Companies Increasingly Disclose Political Spending
Report Cites Growing Role of Interest Groups in State Judicial Elections
Federal:
Abramoff Divulges K Street Secrets
Cain Blames Perry as New Sexual Harassment Allegations Surface
FCC To Rule on On-line Political Advertisement Disclosure
Justice Amps Up Enforcement of Law on Foreign Advocacy
Lawmakers Demand FEC Documents, Threaten Subpoena
From the States and Municipalities:
Alabama
New Alabama Ethics Law Sweeps in Culture Shift for Capital Lobbyists
California
Passion, Politics Link Lobbyist Couples
California
State Lobby Spending on Pace to Set Records
Illinois
Illinois Powerbroker Convicted in Shakedown Trial
Maryland
County Ethics Bill Would Restrict Lobbying, Add Enforcement
Minnesota
Campaign Finance Board Temporarily Upholds Disclosure Requirements
Nebraska
Report: Nebraska OK at tracking lobbyists, could do better
New Hampshire
N.H. Official Sets Primary for Jan.10
Ohio
Amid Corruption Scandal, Local Races Framed by Honesty and Character Issues
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.
November 3, 2011 •
Signs of Discontent
The FEC and the president take some heat over transparency.
The Boston Globe’s Political Intelligence just published this article, “Transparency groups lash out at FEC, Obama” by Donovan Slack.
Here are some of the questions the article raises: “… [C]an foreign companies with some US operations legally contribute to US elections? In the past, foreign citizens and companies have been barred from spending money in the American political system. Also unanswered: Should American organizations who spend money to influence elections have to disclose the source of the money?”
Bruce Watson offers an opinion piece called “Really Want to Influence Politicians? Stop Donating to Campaigns” on AOL’s Daily Finance page. Watson puts particular focus on the increase in fundraising by the members of the Super Committee. He references a recent study by the Project On Government Oversight. As we recall, Politico offered a bit of a different view with “Supercommittee panelists don’t cash in” by Abby Phillip.
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.
