July 11, 2011 •
News You Can Use Digest – July 11, 2011
Here are highlights from the latest edition of News You Can Use:
Federal:
IRS Drops Audits of Political Donors
New Breed of ‘Super PACs,’ Other Independent Groups Could Define 2012 Campaign
From the States and Municipalities:
Alabama
Alabama Democratic Conference Files Lawsuit to Stop New Alabama Law Banning Political Fund Transfers
Arizona
Arizona Conservatives Scramble after Campaign Finance Law’s Defeat
California
Marijuana Lobbyist’s Fundraiser for DA Raises Questions
Veil Drawn on Donors to Latino Caucus-Controlled California Nonprofit
Connecticut
Agent Who Arrested Politicians Now Seeks House Seat
Georgia
Illinois
Mayor Rahm Emanuel Proposing New Round of Ethics Reforms
Iowa
Judge Upholds New Iowa Campaign Disclosure Rules
Massachusetts
House Leader Apologizes for Holocaust Remarks
Michigan
Justices Stop Political Gifts Taken at Work
Minnesota
Campaign Board Rejects NOM’s Efforts to Shield Donors in Marriage Battle
Pennsylvania
South Carolina
Lt. Gov. Ard Paying $48,000 Fine
Washington
Ex-Prisons Chief Eldon Vail Says He Resigned Because of an Affair with Subordinate
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.
Jim Sedor is editor of News You Can Use.
July 5, 2011 •
California’s FPPC to Hold Interested Persons’ Meeting
The Fair Political Practices Commission will be holding an interested persons’ meeting on July 14, 2011 to solicit public comment and suggestions on revisions to the Fair Political Practices Commission regulations.
The Commission will discuss “behested payments” and examine the scenario where a public official’s name is listed on the letterhead of a fundraising letter for a nonprofit organization, but neither the official nor any person on his or her staff acts as an agent to solicit donations on behalf of the official.
The commission will also discuss a proposed regulation regarding the use of text messages to raise funds through low dollar contributions.
Lastly, the commission will be discussing a proposed regulation that would allow terminated committees to receive a refund and legally transfer the refund to a new committee without having to reopen the terminated committee so long as both committees report the transaction.
July 5, 2011 •
News You Can Use Digest – July 5, 2011
Here are highlights from the latest edition of News You Can Use:
Federal:
Colbert Declares Victory at FEC
FEC Limits Lawmakers’ Fundraising for Super PACs
From the States and Municipalities:
Alabama
Gambling Trial Highlights Fees Paid to Legislators
Arizona
Justices Strike Down Arizona Campaign Finance Law
Florida
Judge Strikes Down Florida Campaign Finance Matching Law
Illinois
Jury Finds Blagojevich Guilty of Corruption
Massachusetts
Massachusetts
Special Education Director Said to Siphon $10 Million
Missouri
Missouri Lawmakers Eat for Free
Nevada
Tougher Nevada Campaign Money Laws Come into Play
New York
New Contribution Rule Limits Assignments to Elected Judges
Oklahoma
Oklahoma Ethics Commission Reprimands NRA Lobbyist
Wisconsin
Wisconsin Justices in Altercation
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.
Jim Sedor is editor of News You Can Use.
June 28, 2011 •
West Virginia to Review Public Funding Program
Secretary of State Tennant will discuss the issue with the governor and attorney general.
In response to the U.S. Supreme Court decision which struck down Arizona’s public funding matching system, West Virginia Secretary of State Natalie Tennant has indicated that West Virginia will review its own public funding program.
West Virginia’s public funding program, approved by lawmakers in 2010, is set to begin with a pilot project involving two state Supreme Court seats up for election in the 2012 general election. West Virginia’s law would give candidates who opt into the program more state money as spending by their opponents or independent expenditures by third parties increased.
Tennant has stated that she plans to meet and discuss this issue with Governor Earl Ray Tomblin and Attorney General Darrell McGraw.
Photo of Natalie Tennant courtesy of Natalie Tennant on Wikipedia.
June 27, 2011 •
U.S. Supreme Court Strikes Down Arizona Clean Elections System
In a 5-4 decision, the U.S. Supreme Court struck down an Arizona campaign finance law that offered extra public funding to state political candidates who faced increased opposition spending.
The Citizens Clean Elections Act, passed by voters in a 1998 ballot initiative, gave candidates extra money if they face well funded opponents that opted out of the state election financing system.
Candidates also could qualify for greater public financing based on political spending by independent political groups that ran advertisements opposing their candidacy or supporting other candidates.
Chief Justice John Roberts wrote “laws like Arizona’s matching funds provision that inhibit robust and wide-open political debate without sufficient justification cannot stand.”
June 27, 2011 •
News You Can Use Digest – June 27, 2011
Here are highlights from the latest edition of News You Can Use:
National:
FCC Report Finds Major Shortage in Local Reporting
Federal:
Donor Meeting at White House Draws Fire
FEC Asks Crossroads to Reveal Donors
Secret Election Financing Surges with Evasion of IRS Scrutiny
From the States and Municipalities:
California
Bill to Ban Event Tickets, Other Gifts to Lawmakers Gets New Life
Florida
Palm Beach County Ethics Code Exemption Allows Free High-Priced Tickets for Public Officials
Georgia
With Ethics Chief’s Exit, Who’ll Step In?
Illinois
Chicago Puts Lobbyists’ Pay On-line
Massachusetts
House Republicans Recommend ‘Snitch Rule,’ Ethics Reforms
North Carolina
Legislating at Lightning Speed with Lots of Goofs
Oregon
Oregon House Rejects Bill That Would Cap Penalties for Campaign Finance Violations
Rhode Island
U.S. Representative to Pay R.I. $127,000 for Campaign Fund Error
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.
Jim Sedor is editor of News You Can Use.
June 22, 2011 •
Ethics Reform Bills to Be Introduced
Bills Address Campaign Finance Reporting and Official Vehicle Use
District of Columbia Councilman Tommy Wells has announced that he will introduce three ethics reform bills to address recent ethical issues raised in the district council.
The Campaign Finance Accountability and Reform Amendment Act of 2011 establishes reporting requirements to the Office of Campaign Finance for contributions and expenditures related to transitions and inaugurations and prohibits the bundling of corporate contributions.
The Campaign Finance Reporting Amendment Act of 2011 alters the financial disclosure reporting schedule to coincide with the new primary election date of the first Tuesday of April in an election year.
The Government Vehicles and Fleet Management Rationalization Amendment Act of 2011 prohibits the procurement of “luxury-class” vehicles and freezes the current fleet size.
June 16, 2011 •
Facebook’s Bid for an Exception
Latest news from the FEC regarding political campaign ads on Facebook.
At a meeting yesterday, the Federal Election Commission discussed Facebook’s request for a waiver from being required to have disclaimer statements revealing who paid for political ads that appear on its social network.
According to the FEC site, “The Commission discussed and voted on two draft Advisory Opinions but did not reach consensus on either draft. In its request, Facebook asked whether its small, character-limited ads qualify for the ‘small items’ or ‘impracticable’ exceptions from the disclaimer requirements of the Act and Commission regulations.”
According to the FEC, an “impracticable exception does not apply to Facebook’s ads” because Facebook determines the size of the ads itself and is not limited in space by the medium. The commission says there are technological solutions for providing the necessary disclaimers. Citing the California Fair Political Practices Commission‘s regulations regarding ads, the FEC said the solution may be found by using “roll-over displays,” placing disclaimers on landing pages, or by “other technological means.”
The Hill reported today on the issue in: “Both parties back Facebook’s request for waiver on campaign ads” by Gautham Nagesh. As the article points out, “Facebook will continue to sell ads to candidates and campaigns and … [c]andidates such as President Obama have already begun running campaign ads on the ubiquitous social network.”
Here is the FEC page with links to the advisory opinion drafts.
June 15, 2011 •
One PAC Is Enough
Two Bank Accounts
A Federal District Court judge has issued an injunction preventing the Federal Election Commission (FEC) from enforcing some campaign contribution limits against a political action committee planning to solicit and accept unlimited contributions.
As a single committee, the National Defense Political Action Committee (NDPAC) intends to contribute directly to candidates and political committees, and to make independent expenditures, separating the funds by using two separate bank accounts. It would maintain the statutory limits on the solicitation of funds used for direct contributions while simultaneously seeking unlimited funds for use in their independent expenditures.
The FEC had been unable to issue a binding resolution to an earlier NDPAC advisory opinion request.
In Carey v. FEC, United States District Judge Rosemary M. Collyer ruled the FEC may not enforce 2 U.S.C. §§ 441a(a)(1)(C) and 441a(a)(3), which outline contribution limits for political committees and candidates, against NDPAC with regard to independent expenditures as long as NDPAC maintains separate bank accounts, proportionally pays related administrative costs, and complies with the applicable monetary limits of each type of contribution.
The FEC maintained NDPAC should establish a second formal committee.
Issue Committee Threshold Central to New Colorado Complaint
Colorado Common Cause and Colorado Ethics Watch have filed a complaint against Colorado Secretary of State Scott Gessler alleging Gessler illegally “exceeded his authority to administer and enforce campaign finance laws by dramatically increasing the constitutional threshold for regulation of issue committees.”
At issue is Gessler’s recent 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. However, the issue of whether the court determined the $200 threshold to be unconstitutional, as Gessler contended to be the case in a statement released concerning the increased threshold, is central to this action.
“The Secretary is under the mistaken impression that he has authority to rewrite campaign finance laws, not merely make rules to enforce those laws,” said Luis Toro, Executive Director of Colorado Ethics Watch. “Disclosure thresholds are clearly not within the authority of the Secretary of State to change.”
June 13, 2011 •
Ninth Circuit Issues Opinion in Thalheimer v. City of San Diego
Campaign finance news from San Diego
The U.S. Court of Appeals for the Ninth Circuit has issued an opinion in Thalheimer v. City of San Diego. The Court upheld San Diego’s prohibition on political contributions to candidates, political parties, and political action committees by non-individual entities such as corporations and labor unions.
The district court’s injunction of the prohibition on non-individual entity contributions as it applies to political party contributions to candidates was affirmed.
The Ninth Circuit further upheld San Diego’s law prohibiting contributions to candidates outside of a 12 month pre-election window.
The district court’s decision to preliminarily enjoin a $500 limit on contributions to political committees that make only independent expenditures, which includes contributions by individual and non-individual entities was affirmed.
June 13, 2011 •
News You Can Use Digest – June 13, 2011
Here are highlights from State and Federal Communications, Inc.’s latest edition of News You Can Use:
Federal:
A Weiner Ethics Case Would Cover Uncharted Ground
Virginia Federal Judge Rejects Government Request to Reconsider on Donations
Democrat or Republican, National Party Committees Reap Campaign Riches from Registered Lobbyists
From the States and Municipalities:
Alabama
Big Names in Alabama Politics Set for Bingo Trial Opening
District of Columbia
D.C. Attorney General: Council’s Thomas diverted public funds
Michigan
Koch-Backed Group’s Fake Eviction Notices Rile up Detroit
Nevada
Rory Reid to Pay $25,000 Fine in PAC Case
New York
Bill Not a Feast but Lunch is OK
Cuomo and Legislative Leaders Strike Deal on New Ethics Rules
N.Y. Finds a Growth Industry in Ethics Enforcement
Ohio
House Cozy with Charter School Lobby
Texas
Dallas City Council Rolls Back Some Changes to Ethics Ordinance
Washington
Former Evergreen Professor Fined $120,000 in Largest-Ever Ethics Penalty
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.
Jim Sedor is editor of News You Can Use.
June 8, 2011 •
Judge Reaffirms Corporation Political Contributions
Limits To Case Before Him
Yesterday, the judge who ruled corporations may contribute directly to federal candidates reaffirmed his decision, but held it only applies in the criminal case before him. Federal District Judge James C. Cacheris continues to find the “logic remains inescapable” that the Supreme Court’s ruling in Citizens United dictates corporations have the same contribution rights as human beings.
The judge writes: “Again, for better or worse, Citizens United held that the First Amendment treats corporations and individuals equally for the purposes of political speech. This leaves no logical room for an individual to be able to donate $2,500 to a campaign while a corporation … cannot donate a cent.” However, his decision states the “flat ban on direct corporate contributions to political campaigns is unconstitutional as applied to this case, as opposed to being unconstitutional as applied to all corporate donations.”
After reviewing the possible impact of his decision in US v Danielczyk, and the unaddressed political contribution issues since the Citizens United decision, the judge characterizes his ruling by concluding it “adds a small drop to what is already a very large bucket.”
This blog post updates a previous article, “Corporate Contribution Ban Found Unconstitutional” by George Ticoras on May 27.
June 6, 2011 •
News You Can Use Digest – June 6, 2011
Here are highlights from State and Federal Communications, Inc.’s latest edition of News You Can Use:
Federal
Campaign Finance Experts See Few Implications of Virginia Ruling
The Influence Industry: The fine lines between a Palin vacation and Palin tour
When ‘Coordinate’ Is a Dirty Word
From the States:
California
Former Vernon Official Pleads Guilty to Illegally Using Public Money
Colorado
Gessler Rulemaking on Campaign Finance Raising Eyebrows
Florida
Legislature Fails to Add Stronger Ethics Laws
Illinois
Senator Wants Charges Filed against Colleague
Louisiana
Mark St. Pierre is Taken into Custody after Jury Finds Him Guilty of Bribery, Conspiracy
Massachusetts
Financial Disclosure Forms Still Outdated
Minnesota
Campaign Finance Board Fines Alleged Felon Who Can’t Be Found
New Jersey
Christie Refuses to Reimburse N.J. for Traveling By Helicopter to See Son’s Baseball Game
Ohio
Cuyahoga County Offers First Ethics Training for Businesses
Tennessee
Tennessee Opens Door to Corporate Political Donations
Washington
Port Fined after Failing to File Lobbying Expenses
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.
Jim Sedor is editor of News You Can Use.
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.
