The Massachusetts Office of Campaign & Political Finance (OCPF) is holding a public hearing on May 8 concerning proposed updates to regulations regarding campaign finance disclosure.

The hearing will address revised provisions to the existing code and a new regulatory section “concerning the identification of funding sources for tax exempt and other organizations that raise funds to make contributions or independent expenditures”.

Additional OCPF proposals include addressing the use of a candidate’s legal defense fund, clarifying subvendor reporting requirements, and amending provisions concerning credit and debit card contributions. The draft regulations are available here.

The Massachusetts Lobbyist Section of Secretary of the Commonwealth’s office has informed lobbyists it will reinterpret a reporting requirement in order to comply with a court order.

Initially, Secretary of State William Galvin’s office had asserted it had the authority to interpret “all direct business associations with public officials” under state law expansively and require lobbyists disclose the names of all officials with whom a lobbyist has communicated. In reaction, a lawsuit had been brought against the Secretary of State’s office by the ACLU, AirStrategies, the Associated Industries of Massachusetts, Citizens for Juvenile Justice, Common Cause, and the Conservation Law Foundation. A Superior Court Judge ruled against the secretary.

To comply with the court’s order, the secretary will now require disclosure of the names of public officials to whom a lobbyist has made a lobbying communication only if the lobbyist also has a direct business association with the public official. Following the court’s order, the secretary informed lobbyists this means a joint enterprise or transaction of a commercial or financial nature directly by or between the lobbyist and the public official.

The Lobbyist Section has rescinded all correction and rejection notices inconsistent with this interpretation of business association.

Special election dates for a Massachusetts Senate seat and a state House seat have been announced by the Secretary of State.

The special primary election for the First Suffolk Senate District seat will be held on April 30, the same date as the special primary election for the U.S. Senate seat recently vacated by Senator John Kerry. The special general election for the Senate seat will be held on May 28.

May 28 will also be the special primary election date for the Eighth Suffolk District House seat. The special election for the house seat will be held on June 25, the same date as the special general election for the U.S. Senate.

The House election is being called to fill a vacancy caused by the resignation of Representative Martha Marty Walz. The Senate election is being called to fill a vacancy caused by the resignation of Senator Jack Hart.

An argument put forth by the Massachusetts Secretary of State’s office requiring lobbyists to disclose every communication with public officials “makes absolutely no sense,” wrote Superior Court Judge Janet Sanders.

Secretary of State William Galvin’s office had argued it has the authority to interpret “all direct business associations with public officials” expansively and require the names of all officials with whom a lobbyist has communicated. In reaction, a lawsuit was brought against the Secretary of State’s office by the ACLU, AirStrategies, the Associated Industries of Massachusetts, Citizens for Juvenile Justice, Common Cause, and the Conservation Law Foundation.

According to the Boston Herald, the arguments in favor of the disclosure requirement were dismissed by the judge in her decision.

A special election for U.S. Senator John Kerry’s seat will be held on June 25, 2013, assuming receipt of his resignation today. This morning, Senator Kerry’s nomination as secretary of state was unanimously approved by the Senate Foreign Relations Committee. He is expected to be confirmed by the full Senate this afternoon and subsequently tender his Senate resignation. Governor Deval Patrick expects to appoint a temporary replacement tomorrow, according to the Boston Globe. The primary election will be held on April 30.

Massachusetts lobbyists using a LinkedIn online discussion group are not prohibited from soliciting contributions for candidates from the group.

The Office of Campaign and Political Finance (OCPF) issued an opinion, AO-12-03, on November 20, detailing when a lobbyist can solicit contributions on LinkedIn without being considered a regulated intermediary or conduit bundling contributions. The OCPF considers the use of social media, such as LinkedIn, as a “personal service” that is generally exempt from campaign finance limitations or disclosure requirements.

Asking members of a lobbyist’s LinkedIn group “to contribute directly to candidates does not involve ‘arranging’ for the making of contributions” requiring application the law,” the opinion holds. However, a lobbyist could be regulated if contributions are either “‘delivered, whether in person or by mail [by the regulated intermediary], to a particular candidate or such candidate’s authorized committee or agent’ or made ‘in a manner that identifies in writing the person who arranged the making of the contributions.’” For example, in the instance of direct contributions to a candidate, if a lobbyists “actually instructs the contributors to identity, with a note on their contribution checks, the legislative or executive agent as the person responsible for arranging the contribution, the legislative or executive agent would be subject” to regulation.

The restrictions for bundling apply only if at least one of the bundled contributions is more than $156. The OCPF also opined that persons who are not lobbyists may use LinkedIn or similar sites to solicit contributions for candidates, with certain restrictions for public employees.

Because of the state of emergency declared in advance of Hurricane Sandy, the Massachusetts Office of Campaign & Political Finance (OCPF) has issued a notice extending the due date of pre-election reports until 11:59 p.m. on Tuesday, October 30, 2012. Reports covering activity from August 20 to October 19 were to be due October 29.

Although its office is closed today, the OCPF notice states, “Office staff will be checking their office voice mail during the day on Monday and will be returning calls to assist filers as they are able.”

Sen. Baucus’ constitutional amendment to dismantle the Citizens United ruling: “Baucus’ campaign finance amendment gets hearing” by The Associated Press in the Billings Gazette.

“Money Unlimited” by Jeffrey Toobin in the The New Yorker.

“Citizens United: The Untold Story” by Joe Palazzolo in the Wall Street Journal’s Law Blog.

“How a Kennedy Concurrence Turned into a Majority Opinion in Citizens United” by Debra Cassens Weiss in the American Bar Association Journal.

Needham, Massachusetts:  “Needham Town Meeting calls for constitutional amendment on campaign spending” by Evan Allen in the Boston Globe.

Michael Sullivan, the Director of the Massachusetts Office of Campaign and Political Finance, has been reappointed for another six-year term to the agency.

According to the Boston Herald, the decision was unanimous to reappoint Sullivan, who has been the director for almost 18 years.

For full news coverage, read:

“Michael Sullivan reappointed as OCPF chief” by Gintautas Dumcius in the Boston Herald.

A thank you goes to Jim Sedor, Editor of News You Can Use, for alerting us to this news.

Florida: “In wake of ‘Taj Mahal’ scandal, Florida Supreme Court approves new lobbying rules for judges” by Lucy Morgan in the Tampa Bay Times.

Florida: “Florida Supreme Court to judges: No lobbying” by Lucy Morgan in The Miami Herald.

Georgia: “Georgia ethics commission goes easy on late campaign reports after change in process” by Walter C. Jones in The Florida Times-Union.

Idaho: “Retiring ID Rep. lands at lobbying, marketing firm” by The Associated Press in the Idaho Statesman.

Kansas:  “Corporations drop memberships in ALEC, which has strong ties to Kansas Legislature” by Scott Rohtschild in the Lawrence Journal-World.

Maryland: “Campaign Finance Transparency Measures Pass General Assembly” by Megan Poinski in Southern Maryland Online.

Massachusetts: “House may pull PR, CEOs, communications specialists into lobbying definition” by Colleen Quinn in the Boston Herald.

Former Massachusetts Treasurer Timothy Cahill was indicted on charges that he used more than $1.6 million in publicly-funded state lottery advertising to promote his gubernatorial campaign in 2010.

According to Attorney General Martha Coakley as noted in the Boston Globe, “Cahill faces charges of violating state ethics laws, violating state procurement laws, and conspiracy charges in connection with both those alleged crimes. The procurement and ethics law violations each carry possible sentences of up to five years in prison and a $10,000 fine.”

For full news coverage, be sure to read:“Timothy Cahill indicted on charges of using official funds for campaign-boosting ads” by Frank Phillips in the Boston Globe.

Here is Cahill’s response to the indictment: “Former state treasurer Timothy Cahill insists he acted to bolster the Massachusetts Lottery, vows to fight state corruption charges” in the Boston Globe.

Registered Massachusetts legislative and executive agents must schedule an appointment with the Lobbyist Section of the Public Records Division of the Secretary of the Commonwealth to have their photographs taken for their lobbyist identification card.

The photographs will be taken on Tuesdays and Wednesdays during the hours of 10 to 4pm beginning March 27 and continuing through April.

Agents must request appointments by e-mail at lob@sec.state.ma.us. Schedules will not be accepted by phone or walk-in. Agents should suggest three dates and times convenient for them in their e-mails.

All appointments will be given on a first come first serve basis.

An ethics reform bill heralded this summer by Massachusetts House Republicans has been blocked.

The Democratic-controlled house voted 116 to 34 today against a motion allowing House Bill 3718 out of committee for a full vote. Among the changes in the bill are the requirement lobbyists wear badges identifying themselves as such, contribution restrictions for house members, and the prohibition of house members and their staff from contacting public entities regarding pending procurement decisions.

The reform measure arose as a response to the conviction this summer of former house speaker Salvatore DiMasi on seven counts of corruption.

This post follows up a previous article by George Ticoras, “New House Ethics Rules Proposed for Massachusetts” from June 23.

Photo of the Massachusetts Statehouse by Fcb981 on Wikipedia.

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

Ethics Changes Generate Talk as Proposal to Require Lobbyists to Wear ID Badges Is Likened to Nazi Germany

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

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Jim Sedor is editor of News You Can Use.