The plaintiffs, four Sarasota, Florida residents seeking to pool their monetary resources to buy radio ads against a proposed state constitutional amendment on the November ballot, wanted to avoid registration as a political action committee and disclosure requirements required of their desired radio advertisement.

“This ruling means that our clients will not be able to speak freely in the 2010 election,” said Paul Sherman, attorney for The Institute for Justice, who represented the plaintiffs.

For the complete story, here are two articles:

“Judge won’t block Fla. campaign law enforcement,” by Bill Kaczor in the Miami Herald.

“Judge refuses to throw out political-committee requirement of campaign finance law,” from the Central Florida Political Pulse blog on the Orlando Sentinel.

Photo of the Old Florida Capitol building by Diligent Terrier on Wikipedia.

The Supreme Court has rejected an appeal seeking to eliminate a political committee’s disclosure and administrative requirements. In SpeechNow.org v FEC, the appellants had argued the requirements violate the First Amendment.

The Court of Appeals for the District of Columbia found individual contribution limits to the committee unconstitutional. It additionally held independent expenditure–only groups like SpeechNow must still comply with organizational, administrative, and reporting requirements in the law.

SpeechNow is an unincorporated nonprofit association which supports candidates for federal office who share its views on First Amendment rights of free speech and freedom to assemble.

After retired St. Louis businessperson Rex Sinquefield gave $13.3 million to various Missouri campaigns, The Columbia Missourian wrote an article sorting out the issues of campaign finance and disclosure in the state. The newspaper turned to Elizabeth Bartz, with her 34 years of experience in campaign finance, to put the donations in perspective.

With no limit on campaign contributions from individuals in Missouri, the article offered the following comparison by Bartz:

One expert compared Missouri to a Caribbean territory notorious for money laundering and tax evasion: “It’s like the grand Cayman Islands,” said Elizabeth Bartz, the CEO and president of an organization that provides consulting services to organizations interested in making contributions on a state level.

But Bartz also noted that the disclosure requirements in Missouri are strong:

“It’s not like they can just give and give and give and nobody can find out,” Bartz said. “It is public information, and it is information you can find out.”

You can find the text of the full story in The Columbia Missourian here.

The Fair Political Practices Commission, California’s ethics and elections watchdog organization has released information on independent expenditures made in advance of the November general election.

More than 150 individuals have contributed approximately $28.8 million to independent expenditure committees in contributions of at least $10,000. The overwhelming majority of these expenditures are being made in the governor’s race.

As of June 9, 2010, committees had spent more than $23 million on communications designed to impact the election for the state’s highest executive office. The contest for state Superintendent registered a distant second with slightly less than $3 million in related independent expenditures.

Photo of the California State Capitol building by Sascha Brück on Wikipedia.

U.S. District Judge Robert Hinkle has questioned whether the suit regarding a law which requires registration and reporting by political action committees contributing or expending in excess of $500 is “just a little too convenient,” as the suit was filed merely a month prior to the upcoming election and the plaintiffs in the action are reportedly seeking to spend $600. The judge has yet to rule on a temporary injunction on enforcement of the law, as the plaintiffs, represented by The Institute for Justice, a libertarian public interest law firm, ultimately seek to have the law completely thrown out.

Map of Florida from the National Atlas of the United States.

A lawsuit has been filed in the Federal District Court of the District of Columbia seeking to allow foreign citizens to make political contributions. 2 U.S.C. § 441e and its implementing regulations prohibit political contributions and independent expenditures by foreign nationals living lawfully in the U.S.A. but without legal permanent residence. In Bluman v. FEC, the two plaintiffs, a doctor in residency and a recent law school graduate, both citizens of other countries, are seeking to make political contributions in support of various candidates and political issues ranging from both ends of the political spectrum.

The plaintiffs are specifically requesting the court declare 2 U.S.C. § 441e and its implementing regulations unconstitutional as applied to foreign nationals lawfully residing and working in the United States. They have asked for a three-judge court decision, which may allow for a direct appeal to the United States Supreme Court.

Photo of the E. Barrett Prettyman Federal Courthouse by AgnosticPreachersKid on Wikipedia.

In their application, the plaintiffs, represented by James Bopp, Jr., the Indiana attorney who helped launch the landmark Citizens United v. FEC litigation, requested an order blocking portions of Maine’s campaign finance law which provides matching for candidates as well as the part of Maine law capping contributions to gubernatorial candidates at $750. By the time the plaintiff’s motion reached the high court for the second time, it had been denied three times: by Associate Justice Stephen Breyer, Circuit Justice for the First Circuit, by the First Circuit Court of Appeals, and by the Maine District Court where the litigation originated.

The plaintiff’s last resort to enjoin the law prior to the November 2nd election was the emergency writ of injunction to the Supreme Court which was presented to Associate Justice Anthony Kennedy who then referred it to the Supreme Court for consideration. The writ’s denial was not unexpected as the Supreme Court has not granted such a motion for two decades.

Photo of the Supreme Court by UpstateNYer on Wikipedia.

The Hawaii Campaign Spending Commission has selected Kristin Izumi-Nitao as the new Executive Director effective November 4, 2010. She has been with the Department of the Attorney General, State of Hawaii, since 1999, and is currently responsible for overseeing and administering the Hawaii Internet and Technology Crimes Unit which includes the Internet Crimes Against Children (ICAC) Task Force in the state of Hawaii and the territory of Guam.

Izumi-Nitao will replace Barbara Wong who is retiring at the end of October.

District Judge Jeffrey Sherlock of Helena ruled Monday that the 1912 Corrupt Practices Act, which prohibited corporations from making independent political expenditures, is unconstitutional. Bozeman attorney Margot Barg argued on behalf of the plaintiffs, a gun rights organization and a local painting company, that corporations are entitled to make the same sort of free political speech as individuals citing the U.S. Supreme Court decision in Citizens United v. Federal Election Commission.

Judge Sherlock wrote that the Montana law, “insofar as it prevents corporations from making independent expenditures to support or oppose political candidates or political parties, is declared unconstitutional.”  Restrictions on corporate contributions to political candidates are not affected by the decision.  Montana Attorney General Steve Bullock plans to appeal the district court’s ruling.

The Los Angeles City Ethics Commission voted in favor of a planned ballot measure to bar city contractors from making campaign contributions to candidates running for mayor and city council. Los Angeles City Council will decide by the end of November whether to place this law on the ballot for the March 8 municipal election.

Under the proposal, those who do not abide by the new restrictions risk being barred from winning a city contract for four years. This type of ban has been under consideration several times since 2005 but has stalled at various stages of the legislative process each time.

Photo of Los Angeles City Hall by Brion VIBBER on Wikipedia.

The State Ethics Commission will not appeal South Carolina Citizens for Life, Inc. v Krawcheck, a federal court decision finding South Carolina’s statutory definition of committee unconstitutional. The commission has already voluntarily announced it will not enforce provisions of the law concerning committees making independent expenditures.

State Ethics Commission Executive Director Herb Hayden says groups can now both raise and spend unlimited amounts of money and likely will not have to report their donors. He and Senate Ethics Committee Chairman Wes Hayes say a new law is needed to govern committee contribution limits.

The Office of Campaign and Political Finance (OCPF) has reminded state and county candidates, state party committees, and ballot question committees they must now file 72-hour late contribution reports if they receive and deposit contributions of $500 or more shortly before a primary or general election. In the case of the upcoming November 2nd general election, the reporting period runs from October 16 to October 29.

The new change to state law specifically requires disclosure, within 72 hours, of contributions of $500 or more which are deposited within 18 days of an election. The new law does not, however, require 72-hour reports for large deposits made within three days before an election. For instance, reports would not have to be filed for for late contributions deposited from October 30 to November 1, the three days prior to Election Day on November 2nd.

The California Fair Political Practices Commission (FPPC) has promulgated a rule requiring groups paying for political advertisements expressly advocating for the election or defeat of a candidate or ballot measure to disclose who paid for the message, even in when the messages do not contain so-called magic words such as “vote for,” or “elect”. Those words have previously been the legal threshold for disclosure.

This rule will apply to messages appearing in the final 60 days before an election. The regulations will not take effect until after the November general election.

“The commission has adopted what is likely the first statewide rule of its type in the nation,” said FPPC Chair Dan Schnur. “By forcing the disclosure of those who truly attempt to influence the outcome of an election, we have put an end to the most egregious of campaign tactics.”

Here is the original press release: “FPPC Shines Light on “Thinly Veiled” Campaign Speech”

Photo by Zscout370 on Wikipedia.

The U.S. Supreme Court decided not to hear the city’s appeal of a lawsuit brought by the Long Beach Area Chamber of Commerce over the city’s campaign finance rules involving independent expenditures.

Long Beach appealed to the high court after the Ninth Circuit U.S. Court of Appeals affirmed a lower court ruling stating the Chamber’s PAC may receive unlimited contributions to fund their independent campaign expenditures in city elections.

Photo of Long Beach by WPPilot on Wikipedia.