Lawmakers are reconsidering a new law placing caps on political action committee (PAC) spending in state elections. A majority of the Joint Corporations, Appropriations, and Political Subdivisions Interim Committee voted to order its nonpartisan staff to draft a bill repealing a section of state law before it becomes effective on January 1, 2015.

If not repealed, the law will cap direct or indirect PAC contributions at $7,500 to any statewide candidate and $3,000 to any other candidate. Currently there is no limit for PAC contributions.

In a separate measure, the committee ordered a draft bill to repeal the state’s aggregate contribution limits, which conflict with the U.S. Supreme Court’s ruling in McCutcheon v. Federal Election Commission.

The Vermont attorney general has issued guidance regarding the state’s contribution limits effective through the end of the year. His guidance interprets the $1,000 per election limit as meaning a candidate may accept a total of $2,000 for the 2013-2014 election cycle, even if the candidate does not face a primary contest. Candidates who lose their primary election may also accept the full $2,000. This guidance is effective for contribution limits only through the end of the year, as Vermont’s new contribution limits effective January 1, 2015 are per two-year election cycle rather than per election.

The full text of the attorney general’s guidance is here.

Aggregate contribution limits for individuals and PACs contributing to state candidates are no longer enforceable, according to the settlement reached in Young v. Government Accountability Board.

The federal case challenging Wisconsin’s aggregate limits was on hold until the Supreme Court struck down aggregate limits for federal elections in McCutcheon v. Federal Election Commission.

Before the settlement, Wisconsin law prohibited donors from giving more than $10,000 a year to all candidates combined.

The new contribution limits passed earlier this year take effect today. The contribution limit for individuals, corporations, PACs, and other groups increased from $500 to $3,000 for statewide candidates, and from $500 to $1,000 for legislative candidates.

The legislation also eliminated the contribution limits for contributions to political committees.

The Lakewood, Colorado City Council voted to approve new campaign finance rules October 14. The new ordinance caps campaign donations at $2,500 per person for council candidates and $5,000 for mayoral candidates. Additionally, cash and in-kind donations will be treated the same; together they cannot exceed the limits.

Other amendments to the ordinance require LLCs making political donations of more than $100 to disclose their members.

The ordinance also addresses complaints against candidates. The deadline to file a complaint has been changed from 180 days after the alleged violation to 120 days after the violation.

Finally, the ordinance outlines the threshold or point at which a person interested in running for an elected position becomes a candidate. Declaring candidacy, receiving a donation, or making a campaign-related expenditure all trigger the change in status.

City Attorney Tim Cox confirmed the changes will have no effect on the current election and will not be implemented until April 2014.

Photo of the Lakewood Civic Center by Jeffrey Beall on Wikimedia Commons.

On October 15, 2013, an Arizona Court of Appeals directed the secretary of state not to enforce the law concerning contribution limits enacted in House Bill 2593, which had became effective on September 13, 2013.

According to the Arizona Daily Star, the courts’ three-judge panel found the new law illegal without explaining the basis of its decision. The lawsuit challenging the constitutionality of the new law was brought by the Citizens Clean Elections Commission and others from the state.

Changes in the law include allowing individuals and noncertified political committees to give $2,000 to candidates running for legislative and statewide offices who do not participate in the state’s Citizens Clean Elections Act campaign financing system and removing the aggregate contribution limitations for individuals and some political committees.

Lobbying

“ALL Response to Rep. David Cicilline (D-RI-1) Suggestion to Ban Lobbyists from the Capitol” on the American League of Lobbyists website.

“K Street sidelined in shutdown fight” by Ann Palmer in Politico.

California: “California Strategies walks line between lobbying and public affairs” by Laurel Rosenhall in the Sacramento Bee.

New Mexico: “Ex-official won’t lobby state, company says” by Thomas Cole in the Albuquerque Journal.

Tennessee: “Lobbyists spent more on entertainment in 2013” by The Associated Press in WRCB TV News.

Campaign Finance

“Three Things to Watch for in Tomorrow’s Campaign Finance Oral Argument at the Supreme Court” by Rick Hasen on the Election Law Blog.

“Supreme Court set to consider donor limits” by Byron Tau in Politico.

“After Citizens United, Campaign Finance Reformers Look For A Bold New Approach” by Paul Blumenthal in The Huffington Post.

“Get ready for ‘Son of Citizens United’” by Mary Sanchez in The Chicago Tribune.

Minnesota: “Attorney Christian Sande named to Minnesota Campaign Finance board” by Joe Kimball in MinnPost.

Ethics

Georgia: “Ethics lawyer says chairman pressured her to settle Deal cases” by Aaron Gould Sheinin in the Atlanta Journal-Constitution.

New York: “Ethics laws outdated, not used” by Alysia Santo in the Times Union.

South Carolina: “STATE HOUSE FOR SALE: SC ethics law a muddled mess” by Adam Beam in The State.

Virginia: “Gift scandal puts pressure on lawmakers to make changes” by Olympia Meola and Jim Nolan in the Richmond Times-Dispatch.

West Virginia: “Statehouse Beat: Another bad mark for W.Va.” by Phil Kabler in the Gazette-Mail.

West Virginia: “Statehouse beat: A lot of road time on the state dime” by Phil Kabler in the Gazette-Mail.

On the State Ballots

“Pot, Gambling and GMOs on the Election Ballot” by Jake Grovum in Stateline.

Campaign Tech and Social Media

“Parnell campaign reports email error” by Becky Bohrer (Associated Press) in the Juneau Empire.

On October 2, Arizona Attorney General Thomas C. Horne joined with Secretary of State Ken Bennett by concluding the law under newly enacted House Bill 2593 requires separate candidate committees for the primary and general elections and contribution limits still apply to committee-to-committee transfers. The attorney general amended an opinion in which it had previously stated, “The best practice might be to set up two separate candidate committees (for the primary and general elections), but the statutes do not necessarily require it.”

The secretary of state has advised that transfers between committees for election in the same year are subject to the contribution limit of $2000.

Lobbying

“Lobbyists prepare for government shutdown” by Byron Tau in Politico.

“Lobbyists swoop in to defend investor visas” by Kevin Bogardus in The Hill.

Hamilton, Ontario: “Lobbyist registry delayed again” by Matthew Van Dongen in The Spec.

Campaign Finance

“Lobbying, Campaign Finance, and IRS Reports Keep Moving During Shutdown” by Kent Cooper in Roll Call’s Political MoneyLine Blog.

“House Members Shut Down Gov’t. Money Going Out, But Not Contributions Coming In” by Kent Cooper in Roll Call’s Political MoneyLine Blog.

“The Next Citizens United?” by Richard Hasen in Slate.

“The case for eliminating contribution limits” by Ann W. Herberger in Campaigns & Elections.

“Top U.S. political donors in 2012 among country’s richest men” by Gabriel Debenedetti in Reuters.

Alaska: “APOC: No immediate action on complaint against Stiver” by Sam Friedman in the Fairbanks Daily News-Miner.

Maryland: “Maryland’s new laws at a glance” by John Wagner in The Washington Post.

Ethics

FEC: “Not ‘essential’: Shutdown would hit FEC hard” by Dave Levinthal in The Center for Public Integrity.

Georgia: “Ethics commission to ask for special investigator” by The Associated Press in the Athens Banner-Herald.

Ohio: “Son of indicted donor’s lawyer works for Mandel” by Joe Vardon in The Columbus Dispatch.

Government Tech and Social Media

“Government Social Media Feeds Will Go Dark During a Shutdown” by Joseph Marks in Nextgov.

Elections

Ohio: “Ohio lawmaker’s election reform bills include voter ID requirement, reduced early-voting times” by Jeremy Pelzer in The Plain Dealer.

Pennsylvania: “Challenge to Pennsylvania’s voter ID law not affected by Justice Dept. lawsuit against N.C.’s law” by Jan Murphy in The Patriot-News.

The New York City Campaign Finance Board scored a huge win in the courts Friday. Republican mayoral candidate George McDonald had sued the city in hopes of eliminating the city’s strict contribution limits and attempt to bring them in line with the state’s limits. However, the Manhattan court said the city’s contribution limits are legal and reasonable to keep money from influencing elections.

Judge Kathryn Freed, who gave the decision for the court, held, “The court finds that the establishment of uniform limitations on both participating and non-participating candidates is reasonably related and calculated to achieve the goals of reducing the influence of ‘wealthy special interests’ over local elections, and increasing public participation and public confidence in those elections, is well within the powers granted to the City to protect the welfare and well being of its citizens.”

McDonald recently announced that he would join the voluntary public financing system and would conform to the current contribution limits, but promised to keep his fight up in court. McDonald still has the option of appealing this decision, but declined to say whether he would. He was disheartened in the entries process, saying “It’s disappointing that it took 147 days to ‘just say no’ in long form.”

McDonald is the underdog in a three-way battle for the Republican nomination with Joe Lhota and John Catsimatidis. The primary election for the mayor’s office, and all other city offices, is September 10.

The Florida House and Senate reached a compromise on contribution limits, passing a comprehensive campaign finance bill.

The major changes in the bill include:

• Elimination of committees of continuous existence;
• Requiring weekly reporting by political committees and electioneering communications organizations beginning with the 60th day prior to a primary election and continuing until the 4th day before a general election, and daily reporting beginning with the 10th day before a general election;
• Increasing campaign contribution limits from $500 to $3,000 for a candidate for statewide office or retention as a justice of the state supreme court, and from $500 to $1,000 for a candidate for legislative office, retention as a judge of a district court of appeal, or circuit judge; and
• Elimination of limits on contributions to political committees.

The original bill increased all contribution limits from $500 to $10,000. At the beginning of debate on the bill, House Speaker Will Weatherford tweeted, “today is meet me halfway day.”

While critics argue the bill doesn’t go far enough and too many loopholes remain, Senator Jack Latvala, chairman of the Senate Ethics and Elections Committee, said the goal is transparency. He contends money in politics isn’t going anywhere, so the best the legislature can do is require disclosure.

The bill now awaits action by Governor Rick Scott.

From the States and Municipalities:

California – Legislative Staffers Lavished with Gifts

Indiana – Indiana Speaker Pro Tem Turner Defends Supporting Company Daughter Represents as Lobbyist

Kentucky – Kentucky Group Is the PAC That Couldn’t Shoot Straight

Montana – Montana House Panel Kills Bill to Disclose ‘Dark Money’ in Campaigns

Nebraska – Golf Tops List of Gifts Dave Heineman Reported

New Jersey – Bergen County Freeholders Introduce Plan to Relax Pay-to-Play Restrictions

New Jersey – In N.J. Governor’s Race, Christie and Buono Choose to Keep Some Donors Secret

New York – Sandra Lee OK’d for Takeoff

Ohio – Cuyahoga County Prosecutor McGinty Pursues Corruption Charges against Those Brought Down in Federal Probe

Pennsylvania – Pennsylvania Turnpike Scandal Has Some Eyeing a Pay-to-Play Law

Pennsylvania – Senate Passes Three Bills to Strengthen Transparency and Efficiency in State Government

South Carolina – National GOP Campaign Arm Withdraws Sanford’s Financial Support

Tennessee – Bill Fails That Would Raise Campaign Contribution Limits, Allowing Direct Corporate Donations

Texas – Exotic Trips, Luxury Gifts Are Perks of Elective Office

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The contributions limits in the upcoming Pittsburgh mayoral election have been removed by the courts. Judge Joseph James voided the city’s contribution limits because of one candidate’s decision to contribute his own money to his campaign.

Under city law, candidates may only accept $2,000 from individuals and $4,000 from PACs per covered election. However, if a candidate decides to use personal resources in excess of $50,000 for his or her campaign, then the contribution limitations are thrown out for all candidates in that specific race.

In this situation, Councilman Bill Peduto requested an injunction barring former state Auditor General Jack Wagner from using nearly $300,000 in contributions collected during previous campaigns. The judge ruled the use of the previous campaign funds to be a contribution, which would have exceeded the city’s contribution limits.

Wagner’s lawyers then turned their attention to Michael Lamb, the city controller who withdrew from the race earlier in the week. Lamb had given his campaign $53,000 of his own money, which voided the contribution limits and allowed Wagner to use the $300,000 in question. Lamb attempted to give $3,000 from the campaign back to himself in order to undo the contribution, but the judge ruled that the refund did not repair the breach.

The primary election for the mayoral office takes place on May 21, 2013 and the general election on November 5, 2013.

Photo of downtown Pittsburgh by Theeditor93 on Wikipedia.

New York City mayoral candidate George McDonald has momentarily thrown up the white flag in his attempt to circumvent the contribution limits. McDonald, who is running for the Republican nomination, filed suit against the New York City Campaign Finance Board in hope of removing the city’s very strict contribution limits.

McDonald’s argument relied on the theory that the state’s contribution limits, which are higher than the city’s limits, superseded the city’s restrictions. McDonald had hoped for a quick resolution, but the court has taken nearly a month to decide the case and McDonald fears he is running low on time.

McDonald now plans on raising enough funds to qualify for the public financing system, meaning he will have to raise at least $250,000 from donations of up to $175. If he is able to do that, the city will give his campaign $1.5 million.

McDonald is considered a long shot to win the Republican nod as he is going up against a political veteran, Joseph Lhota, and a billionaire businessman, John A. Catsimatidis. McDonald has argued that the city’s laws give these two types of candidates an unfair advantage over first-time candidates.

McDonald’s lawsuit still must be decided by the court, but most experts believe he has little chance of winning.

Image of the flag of New York courtesy of Wikipedia.