The Joint Commission on Public Ethics is performing maintenance on its Lobbying Online Filing System beginning today.

The system will not be accessible starting Friday at 4 p.m. through Monday until 8:00 a.m.

Filers will be unable to log into the system and no electronic filings or amendments will be accepted while the system is down.

Also, the data contained in the system will not be accessible by the public during the shutdown.

The Second Circuit Court of Appeals has reversed a District Court ruling, denying a preliminary injunction on campaign contributions to independent-expenditure PACs. The lawsuit was filed by New York Progress and Protection PAC, who alleged that a wealthy donor, Shaun McCutcheon, pledged to donate $200,000 to the PAC in support of Joseph J. Lhota, a NYC mayoral candidate. McCutcheon’s donation, however, would exceed the contribution limit of $150,000 to independent-expenditure committees set by New York law.

The Circuit Court granted the injunction, stating the contribution limits are “likely unconstitutional” and the claim has a substantial likelihood of success. The Court further noted the plaintiffs would face irreparable harm if the injunction was not granted.

The donor in question, Shaun McCutcheon, is also embroiled in a similar suit before the Supreme Court of the United States, challenging the federal limits to campaign contributions.

First there was Arthur Branch. Then came Jack McCoy. Now it’s Charles Hynes’ turn to star as a New York City district attorney on the small screen. Only Hynes is not an actor or a character, he is an actual district attorney who is in the middle of a fierce campaign to keep his job. And his main opponent for the Democratic nomination is crying foul.

Abe George is suing Hynes, his committee, and CBS in New York over what he calls illegal campaign contributions. CBS is producing and has aired the first episode in a six-part reality series titled Brooklyn D.A. This reality series will follow Hynes and the rest of the Kings County District Attorney’s Office as they do their job for the cameras.

George is not pleased with the free publicity Hynes will be receiving since they are in a heated campaign to garner the Democratic nomination for the position. He believes the air time should be considered a campaign contribution, and with the series’ value over the $5,000 limit, he believes it is an illegal contribution.

Hynes has been the district attorney in the county since 1989, and George believes he is willing to do anything to stay in power. “[He] has been the Brooklyn district attorney since 1989 and has operated under a mounting public perception that he will do anything, including misusing his broad prosecutorial powers, to achieve political gain for himself.”

CBS disagrees with George’s assertion and refuses to stop airing the show.

Sonya McNair, spokeswoman for CBS News, said, “We are surprised that this candidate would not know about the First Amendment. This is obviously a publicity push by a politician.”

For what it’s worth, Hynes believes this show will guarantee a victory for his campaign. He said, “If they couldn’t take me out then, boy, you’ll never be able to take me out now.”

The next episode of Brooklyn D.A. airs Tuesday, May 28, at 10:00 p.m. on CBS.

Photo of Charles Hynes courtesy of the Metropolitan Transportation Authority of the State of New York on Wikipedia.

Governor Andrew Cuomo has another opening in the State Assembly, but he is in no rush to call an election to fill it. Assemblyman Vito Lopez announced he will resign his seat in the State Assembly Monday afternoon, and Cuomo has decided not to call a special election to replace the disgraced politician.

Lopez is resigning amidst allegations of sexual harassing his former staffers during his tenure. He had already lost all committee assignments and legislative perks due to the scandal.

Cuomo is refusing to call a special election because, in a special election, the political parties get to choose their respective candidates.

With Lopez’s district being heavily Democratic, the Democratic Party would be able to choose the replacement. And with Lopez being the former head of the Democrats in Brooklyn and with his pals still in charge, Lopez would be able to handpick his successor. Cuomo would prefer to avoid that situation, so he’ll hold the election with the regular primary in September and general election in November. This will allow any Democrat to have the opportunity to get on the primary ballot.

As far as Lopez is concerned, he does not plan on riding into the political night. Even with the recent scandal, Lopez is still heavily considering running for a seat on the New York City Council this November.

Photo of the New York State House by Matt H. Wade on Wikipedia.

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 New York Joint Commission on Public Ethics (JCOPE) unveiled proposed changes to the ethics rules Tuesday, which could make it easier for lobbyists to conceal their donors and funders from the public. At its monthly meeting, JCOPE proposed changes to the gift regulations and the recently enacted source of funding regulations.

Under the source of funding regulations, lobbyists must disclose the names of anybody who provided them with funding in excess of $5,000 for lobbying purposes, but only if they meet a certain threshold. The current rules allow for a waiver of this requirement only if there is a substantial likelihood of harm. Under the proposed change, JCOPE would lower the standard to a reasonable likelihood or probability of harm.

Executive Director Ellen Biben said the current standard may be unconstitutional, thus necessitating the change. “The substantial likelihood standard may be constitutionally too high,” Biben said. “We agree.”

In the proposed change to the gift ban, JCOPE puts a concrete dollar amount on the term “nominal value.” Under current law, a lobbyist is prohibited from giving a gift to a public official and gift is defined as something worth more than nominal value. However, there is no dollar figure attached to the current definition of nominal value.

Under the proposed definition, nominal value will be defined as an item or service with a value of $10 or less. Therefore, if the proposed change is enacted, lobbyists will be prohibited from giving a public official a gift with a value in excess of $10.

In order for the rules to go into effect, JCOPE commissioners must approve the proposals. There is no set time table on when the commissioners will review the proposals and make a decision on their enactment.

The New York City Campaign Finance Board scored a decisive court victory when a court ruled in favor of the city’s campaign finance laws. United States District Court Judge Laura Taylor Swain upheld the city’s provisions limiting the amount of public funds available to candidates who do not face meaningful competition.

This provision, dubbed the “sure winners” provisions by the Campaign Finance Board, was under attack in Ognibene v. Parkes, a suit filed in 2008. In a non-competitive race, the city is allowed to withhold public funds from a candidate. The candidate may appeal that decision, claiming they face a significant opposition based on a set of objective criteria.

Examples of the criteria used include the opponent’s endorsements and the media coverage of the opponent. The court did say that the city could not use the opponent’s financial activity as criteria for the appeals process, but overall it was a clear victory for the Campaign Finance Board.

Amy Loprest, executive director of the Campaign Finance Board, said “This victory allows the CFB to hold on to an important tool for maintaining public confidence in the city’s campaign finance program.”

Neither party has any intentions of appealing the District Court’s ruling, effectively ending the suit after nearly five years.

Photo of Manhattan courtesy of AngMoKio on Wikipedia.

Governor Andrew Cuomo has made a bold move; a move he hopes will slow down the corruption emanating from New York City. Governor Cuomo has decided not to call a special election to replace Assemblyman Nelson Castro’s seat representing the Bronx. Instead, the election to replace Castro will take place during the regularly scheduled city elections this November.

Castro resigned from his state Assembly seat as part of a deal made with prosecutors investigating public corruption in the Bronx.

Cuomo decided against the special election as way to quell the corruption taking place the city. Had Cuomo scheduled a special election, the Democrats would have had free reign to choose the successor, because the Bronx Democratic leader, Carl Hestie, would have been the one picking the candidate for his party. In the open primary, scheduled for September 10, outsiders have a much better chance at securing the Democratic nod.

Cuomo said, “Having the election during the already scheduled New York City elections, instead of calling a special election, will ensure maximum participation from the constituents of the 86th Assembly District and be the most cost-effective for taxpayers.”

Photo of Governor Cuomo courtesy of Pat Arnow on Wikipedia.

New York City Mayor Michael Bloomberg vetoed a campaign finance bill aimed at decreasing campaign finance disclosure, even though City Council overwhelmingly passed the bill by a 47-1 margin in January. The bill would have allowed labor or other membership organizations, as well as corporations, to send communications to its members, executive and administrative personnel, and stockholders without having to disclose that information to the Campaign Finance Board.

Bloomberg was noncommittal at the time about whether he would veto the bill, even though he was adamantly opposed to its passage. However, now with his decision to veto it, the ball will bounce back into the City Council’s court.

The council has 30 days to override the veto, with a two-thirds majority required, or allow the bill to die. The council had enough votes to override the veto originally, but there has been no word on whether every council member will stick with his or her original vote.

Photo of Mayor Michael Bloomberg by Rubenstein on Wikipedia.

The New York Joint Commission on Public Ethics (JCOPE) is currently in the process of developing draft regulations for the state’s gift laws. These draft regulations will attempt to provide clarity and guidance to those regulated by the commission.

The draft regulations concerning gifts given by lobbyists allow lobbyists to follow a step-by-step guide to determine whether he or she is allowed to legally give the gift. JCOPE is accepting written comments on the draft regulations until February 15, 2013. JCOPE will then use those written comments to draft proposed regulations.

Updated February 13, 2013: The New York Joint Commission on Public Ethics has extended the deadline to submit written comments on the draft regulations to March 8, 2013.

The New York City Council overwhelmingly voted in favor of a campaign finance bill that has drawn sharp opposition from the city’s campaign finance board.

The bill will allow labor or other membership organizations and corporations to send communications to its members, executive and administrative personnel, and stockholders without having to disclose that information to the city. Currently, these types of expenditures would have to be disclosed, but the bill, if signed by Mayor Michael Bloomberg, would eliminate that requirement.

The city council passed the measure by a vote of 47-1 ensuring that it has enough votes to survive a veto by the mayor. However, that has not stopped Mayor Bloomberg from expressing his displeasure with the bill. Bloomberg has not given a firm answer about whether he will veto the bill, but his spokesperson did say “the bill will only weaken the city’s strong campaign disclosure laws and he sees no reason why unions shouldn’t be held to the same standard as others who are advocating candidates for elective office.”

Earlier this month Amy Loprest, executive director of the city’s campaign finance board, spoke against the bill saying it would set the city’s landmark disclosure laws back and hurt the city’s voters. However, not everybody believes it is a bad thing.

Susan Lerner, executive director of Common Cause New York, praised the council’s vote saying, “this is the way in which a representative democracy should function with the city council exerting oversight to clarify important sections of the law. Membership organizations must be allowed to communicate with their willing members about the issues they collectively care about.”

Photo of the New York City Hall by Momos on Wikipedia.

The essence of the rule will force people who make independent expenditures to disclose funding and amounts spent by treating them as a political committee. Therefore, they will have to register as an independent expenditure committee and, for those elections in which they support or oppose a candidate, file reports before and after the election. The committee will also be responsible for filing periodic reports on January 15 and July 15 of each year.

Independent expenditures are defined by the state as expenditures made in support of or opposition to a candidate, expressly advocating for the election or defeat of a candidate, and made in complete independence from the candidate. Expressly advocate is defined as communicating with specific words calling for the election or defeat of a candidate, such as “vote,” “oppose,” “support,” “defeat,” “elect,” or “reject.”

Using these definitions, groups can avoid registering and reporting as an independent expenditure committee if they avoid using the special buzz words that would make their advertisements expressly advocating. The board of elections has said these rules are not completely new, but rather have been adopted to shed light on the rules and to ensure that people understand exactly what is expected when making independent expenditures. The rules have already taken effect and committees making these expenditures will next have to file a report on January 15, 2013.

The Suffolk County legislature has voted to hold a special election on January 15, 2013 to replace outgoing legislator Ed Romaine.

Mr. Romaine was recently sworn in as the town supervisor of Brookhaven, New York.

Sean Walter, the republican candidate, and Al Krupski, the democratic candidate, will vie for the vacant seat in the county’s first legislative district.

New York Attorney General, Eric T. Schneiderman, issued a draft regulation that could lead to massive changes in the way political spending is disclosed. The proposed regulation would require any tax-exempt group that does business in the state to disclose what percentage of its total spending went to political activities.

This means that any group who spends money in New York in support or opposition of a candidate would be forced to disclose its spending. Further, once the group has spent over $10,000 for state elections, it will have to disclose each individual donor who gave $100 or more.

The proposed regulation does allow for a waiver to be granted if the group feels that disclosure of names could lead to serious threats or harassment. The proposal calls for disclosure during the six months before any Election Day in the state.

Public hearings must be heard on the proposed regulation, but the attorney general may unilaterally approve the final regulation. If approved by the attorney general, the rules could be placed into effect in time for the upcoming New York City mayoral election.