On December 12, an appeals court found Tennessee laws barring nonpartisan PACs from donating to candidates within 10 days of an election violate the state constitution and cannot stand.

The ruling from the Tennessee Court of Appeals reinforces an earlier judgment from Nashville Chancellor Ellen Hobbs Lyle and will end the donation restriction facing nonpartisan PACs.

State campaign finance laws had created a 10-day blackout period when such PACs couldn’t give to a candidate, but PACs controlled by a political party could.

The group Tennesseans for Sensible Election Laws argued that the law created a double standard that unfairly penalized nonpartisan groups while giving political parties an advantage.

The Court of Appeals agreed with that argument, ruling against the state.

At a meeting of the Senate Campaign Finance Committee, Sen. Jeff Golden proposed new regulations that would place ceilings on the amount of money individuals and various types of political committees could give to candidates, campaigns, and one another.

Oregon is currently one of only a few states that has no campaign contribution limits.

Under this new proposal, individual donors would be limited to giving $2,000 per election for statewide races and $750 per election for House and Senate races.

Those same restrictions would apply to candidates contributing to other campaigns and multi-candidate committees, which would be similar to current special-interest PACs.

State political parties and committees associated with party members in the House or Senate could contribute up to $40,000 per election to statewide candidates and $15,000 per election to legislative candidates.

The same limits would also be applied to new small-donor committees. In exchange for being able to donate larger sums, those committees could only support a single candidate for a single election.

The committees could accept no more than $200 per election from individuals and many PACs.

In November 2020, Oregon voters will decide whether to modify the state’s constitution to explicitly allow campaign finance limits.

The Oregon Supreme Court is also considering whether to overturn a two-decade-old decision that struck down the state’s voter-approved campaign finance limits.

The court is considering the constitutionality of a 2016 ordinance passed by Multnomah County voters that places a $500 per person limit on campaign donations.

Given all that, lawmakers hope to have a framework ready should the legal landscape shift.

Gov. Kate Brown signed two campaign finance bills requiring more disclosures in Oregon elections.

House Bill 2716 requires advertisements supporting or opposing a candidate to disclose who funded them.

The bill also requires ads funded by non-candidate PACs to disclose the top five donors who have contributed at least $10,000 to those groups.

House Bill 2716 becomes effective December 3, 2020.

House Bill 2983 requires “dark money” groups to disclose their largest donors if they spend more than $100,000 on ads related to statewide races or races in cities or counties with at least 60,000 residents.

For legislative races and contests in smaller jurisdictions, the bill requires groups to disclose donors after spending at least $25,000 on ads.

House Bill 2983 became effective when signed by the governor.

The Elections Commission adopted legislative rules to enforce the provisions in Senate Bill 622.

Provisions include increasing campaign contribution limits and disclosure requirements for PACs and independent expenditure groups.

The commission worked on language to better clarify what committees and organizations are required to file contribution and spending disclosures.

It was also determined the law applies to organizations whose major or primary purpose is to influence the outcome of elections by spending money to support or oppose particular candidates or issues.

However, the law does not apply to other ballot issues such as referenda on proposed constitutional amendments.

The legislative rules will need to be approved by the full Legislature as part of its rule-making review process.

The process must happen during the 2020 regular session for the changes to go into effect before the 2020 elections.

Last week, Gov. Gary Herbert signed six bills amending the state’s campaign finance laws.

Updates include amended registration and reporting requirements for political action committees (PACs) and political issues committees (PICs).

Additionally, updates modify provisions relating to the statement of organization and naming requirements of a PAC.

Other changes include a provision banning PICs from contributing to PACs and clarifications on how to dissolve a PAC.

Regarding electioneering communications, House Bill 319 requires a person making an expenditure for certain advertisements relating to a ballot proposition to disclose the person’s identity in the advertisement.

All bills take effect on May 13, 2019.

Gov. Kristi Noem recently signed several campaign finance bills into law.

House Bill 1189 provides any person who is subject to a Class 2 misdemeanor for campaign finance violations up to seven days to cure the violations prior to having a charge brought against him or her.

House Bill 1092 clarifies reporting requirements for candidates.

House Bill 1143 states all political action committees established, financed, maintained, or controlled by the same person or entity are affiliated and share a single contribution limit both with respect to contributions made and contributions received.

Senate Bill 114 requires any contribution from a person who is an unemancipated minor to be deducted from the total contribution permitted by the unemancipated minor’s custodial parent or parents.

The bills become effective July 1.

Gov. Jim Justice signed Senate Bill 622 on March 27, with an effective date of June 7.

The bill increases campaign contribution limits allowing $2,800 to candidates, $5,000 to political action committees (PACs), and $10,000 to party committees. The current limits for each category are set at $1,000.

PACs will also be required to electronically file all independent expenditure reports and financial statements.

The bill also requires federal PACs who spend money on state elections to file disclosures with the Office of Secretary of the State.

On February 26, legislation aimed at reforming U.S. campaign finance, lobbying, and ethic laws advanced in committee. The House Administration Committee approved of H.R. 1, the For the People Act, by a party-line vote of six to three.

In the sweeping 571-page bill, corporate PACs would be required to make certifications annually with the Federal Election Commission. Those certifications would include affirming under penalty of law no foreign national participated in any way in the decision-making processes of the PAC; corporate board members who are foreign nationals abstained from voting on matters concerning the corporation’s PAC; and the PAC did not solicit or accept recommendations from any foreign national.

The legislation expands the definition of foreign national to include any corporation, limited liability corporation, or partnership that is not a foreign national but is owned or indirectly controlled by foreign nationals meeting statutory thresholds of ownership or voting. The threshold is five percent of voting shares if the foreign national is a foreign country, a foreign government official, or a corporation principally owned or controlled by a foreign country or foreign government official. The threshold is 20 percent if the foreign national is any other type of foreign national. Corporations not considered foreign nationals would fall under the definition when a foreign national has the power to direct, dictate, or control the decision-making process of the corporation with respect to its interests in the United States or with respect to activities in connection with federal, state, or local elections.

Additionally, the bill restructures the Federal Election Commission, amends the federal conflict of interest law, and expands the revolving door provision by prohibiting Members of Congress from serving on corporate boards. Introduced by Rep. John Sarbanes, the bill requires any organization involved in political activity to disclose its largest donors, creates a multiple matching system for small donations for political campaigns, and amends rules governing super PACs.

If passed, the bill also requires presidential candidates to disclose their tax returns, prohibits partisan gerrymandering, increases oversight over election vendors, creates an automatic voter registration across the country, and changes registration requirements for lobbyists and foreign agents.

Today, the Federal Election Commission (FEC) published its price index adjustments for expenditure limitations and the federal lobbyist bundling disclosure threshold.

The lobbyist bundling disclosure threshold has increased for 2019 from $18,200 to $18,700. This threshold amount is adjusted annually.

Federal law requires authorized committees of federal candidates, leadership political action committees (PACs), and political party committees to disclose contributions bundled by lobbyists and lobbyists’ PACs.

Additionally, the FEC published its adjusted Coordinated Party Expenditure Limits for political parties for 2019.

Arkansas State Senators introduced several ethics bills on February 4, 2019.

If passed, Senate Bill 260 prohibits direct contributions between PACs and Senate Bill 259 prevents a person elected or appointed to a constitutional office from forming more than one PAC.

Senate Bill 256 prohibits an elected state official from registering as a lobbyist in any jurisdiction while serving as an elected state official.

Senate Bill 249 increases the fines for violating ethics laws the Arkansas Ethics Commission may levy at violators from $2,000 to $3,500.

Additionally, the State Representatives introduced House Bill 1374.

House Bill 1374 prohibits a former Legislator from registering as a lobbyist or entering into employment as the director of an educational cooperative or area agency on aging for two years after the expiration of his or her term of office.

Federal:

In Trump’s America, the Conversation Turns Ugly and Angry, Starting at the Top
WRAL – Peter Baker and Katie Rogers | Published: 6/20/2018

The politics of rage that animated President Trump’s rise now dominate the national conversation, as demonstrated during the debate over his immigration policy that separated children from parents apprehended at the border. Harsh discourse in American politics is not new, but rarely has the president himself set the tone from the top in the way Trump does. Christine Porath, a Georgetown University professor and author of “Mastering Civility,” said the current harsh climate was affecting people beyond politics, injecting itself into everyday life at home and work. “It seems like people are not only reciprocating, but we tend to stoop lower rather than higher – it’s really putting us in an unfortunate place,” said Porath.

Pence Turns VP’s Office into Gateway for Lobbyists to Influence the Trump Administration
Seattle Times – Michael Scherer, Josh Dawsey, and Anu Narayanswami (Washington Post) | Published: 6/15/2018

About twice as many companies and other interests hired lobbyists to contact the vice president’s office in Mike Pence’s first year than in any single year during the tenures of Vice Presidents Joe Biden and Richard Cheney. The approach has allowed Pence to emerge as a key ally for corporations inside the Trump White House even as the president vows to “drain the swamp.” Pence’s inner circle includes friends, donors, and former staffers who are among the lobbyists in regular contact with the vice president’s office. In several cases, the relationships are mutually beneficial, with lobbyists who have charged clients millions of dollars to access his office donating money to Pence-backed political causes.

Women Speak of Pervasive Harassment in DC Lobbying Culture
The Hill – Megan Wilson | Published: 6/19/2018

For K Street denizens, deals are often done over dinner or drinks, on business travel, or retreats. Much like Capitol Hill, the lobbying industry remains dominated by men, creating an environment where women say they are often subject to harassment and worse. Unlike in other industries, few women have been willing to come forward to talk about it. The Hill reached out to women on K Street, asking whether they had similar stories to those surfacing as part of the “Me Too” movement. More than a dozen women spoke about instances of sexual harassment or assault they say they have faced while working as lobbyists and political operatives, and in public relations.

Zinke Linked to Real Estate Deal with Halliburton Chairman
Politico – Ben Lefebvre and Nick Juliano | Published: 6/18/2018

U.S. Interior Secretary Ryan Zinke’s family is involved in a land deal with Halliburton Chairperson David Lesar, whose company does business with the Interior Department. A charitable foundation created by Zinke and run by his wife, Lola, is allowing a company co-owned by Lesar and his family to use a portion of its land in Whitefish, Montana, as a parking lot for the development. The Zinkes also own land on the other side of the development, and have long sparred with neighbors about their various plans for it. If the new hotel, retail stores, and microbrewery go through, real estate agents say, the Zinke-owned land next door would stand to increase substantially in value.

From the States and Municipalities:

Arkansas: Legislator-Graft Case Spotlights Arkansas Ethics-Law Flaws
Arkansas Online – Doug Thompson | Published: 6/18/2018

A lobbyist whose firm spent $3.5 million in Arkansas reported total legislator-related expenses of only $12,170 from 2010 to 2017, a comparison of his federal guilty plea and state ethics records show. Milton “Rusty” Cranford could spend up to 10 years in federal prison after pleading guilty to one count of federal program bribery. What changes the state Ethics Commission will recommend in light of events uncovered by federal investigators have not been determined, Executive Director Graham Sloan said. He said ethics laws leave reporting of lobbying and campaign expenses up to the entities involved, and the system relies on voluntary compliance, and people reporting noncompliance to the commission. Any change in that system would require new law, Sloan said.

California: ACLU Suit Targets Law That Bars Horn Honking at Protests
San Diego Union Tribune – Teri Figueroa | Published: 6/14/2018

When Susan Porter beeped her car horn in support of a political protest in San Diego last year, she quickly found herself pulled over and ticketed. According to the state vehicle code, horns are to be honked only for safety reasons or as part of a car alarm. Now, the American Civil Liberties Union of San Diego and Imperial Counties is asking a federal judge to find that state law unconstitutional, arguing in a newly filed lawsuit that preventing such honking chills free speech. The suit argues Porter is “censoring herself by refraining from using her vehicle horn for expressive purposes,” including supporting political rallies.

Colorado: Colorado Enacts Replacement Campaign Finance Enforcement System
National Law Review – Andrew Garrahan | Published: 6/19/2018

A federal court recently held that Colorado’s system for enforcing its campaign finance laws was unconstitutional. The secretary of state’s office has now enacted temporary enforcement rules, effective immediately. Under the new rules, any person may file a complaint, just like under the old system. But the rules now include three protections that attempt to prevent abuse of the system for political purposes. In addition to the enforcement changes, the new rules also establish a formal system for seeking advisory opinions on campaign finance issues.

Florida: A Persistent Gadfly Wins Again in the Supreme Court
WRAL – Adam Liptak (New York Times) | Published: 6/18/2018

The U.S. Supreme Court gave a civic activist in Florda another shot at proving his arrest at a city council meeting was in retaliation for his criticism of public officials. The court said it was ruling narrowly for Fane Lozman, whose battles with the Riviera Beach City Council had become legendary. It said a lower court had been wrong to stop his retaliation lawsuit. The case grew from an attempt to cut Logan off at a council meeting into a major free-speech showdown that carried nationwide implications for citizens arrested, as Lozman was, by government officials whom they criticize.

Georgia: Candidate for Georgia Governor Bought Condo from Lobbyist
New York Times – Kevin Sack | Published: 6/14/2018

A Republican candidate for Georgia governor reportedly bought an Atlanta condominium from a lobbyist at what appeared to be a discount. The New York Times, citing real estate records, says Lt. Gov. Casey Cagle purchased the condo 10 years ago at 24 percent less than its appraised value. It was bought from Terry Hobbs, a lobbyist who represents natural gas marketer SCANA. Cagle sold the condo last year at a 29 percent profit. As lieutenant governor, Cagle presides over the Senate and controls the flow of legislation there. Cagle said the sale was “a legitimate transaction” and Hobbs had not lobbied him on any issue around the time of the sale.

Kansas: Judge Slams Kobach for Flouting Court Rules
Politico – Josh Gerstein | Published: 6/18/2018

A federal judge permanently struck down Kansas’s proof-of-citizenship voter registration law, rebuking Kansas Secretary of State Kris Kobach, one of the country’s most vocal advocates of voter-ID laws. U.S. District Court Judge Julie Robinson said the state’s requirement that voters show proof of citizenship during registration violated both the Constitution and the National Voter Registration Act. Robinson struck down the law and ordered Kobach to take six additional hours of continuing legal education that “pertain to federal or Kansas civil rules of procedure or evidence.” In an earlier ruling, Robinson held Kobach in contempt for skirting court orders related to the law and failing to send postcards confirming registration for thousands of voters.

Kentucky: Kentucky Man Gets 30-Day Sentence in Attack on Senator Rand Paul
Reuters – Suzannah Gonzales | Published: 6/19/2018

U.S. Sen. Rand Paul’s neighbor was sentenced to 30 days in prison for tackling the lawmaker while he was out doing yard work at his Kentucky home. Paul, who suffered broken ribs, had hoped for a harsher penalty. He said in a statement that the 21 months in prison sought by prosecutors “would have been the appropriate punishment.” Rene Boucher pleaded guilty to assaulting a member of Congress in the attack. Boucher said he was triggered by Paul repeatedly stacking debris near their property line in Bowling Green and “lost his temper.” Boucher must serve a year of supervised release after the prison time, stay away from the Paul family, and pay a $10,000 fine.

Maryland: Candidate’s Relationship with Talk Radio Station Raises Questions About Campaign Finance
Baltimore Sun – Libby Solomon | Published: 6/18/2018

Nino Mangione’s family owns talk radio station WCBM 680. He is the station’s web manager. Until April, he even hosted a weekly, hourlong talk show. But Mangione is also running to be a state delegate, a situation one of his opponents said is problematic. “… He’s using his family-owned media platform to promote his own candidacy, and doesn’t seem to understand the conflict of interest involved,” said Justin Kinsey. Mangione said when the WCBM website posts stories about his campaign, it is just reporting the news, not advertising his campaign. Attorney Andy Levy said the relationship could potentially be considered an in-kind campaign contribution, subject to reporting requirements and limits.

Massachusetts: City Council Offers Own Lobbying Bill, Straying from Marty Walsh’s Proposal
Boston Globe – Milton Valencia | Published: 6/19/2018

Boston City Council members Michelle Wu and Michael Flaherty introduced a new lobbying ordinance. The proposal would require lobbyists and their clients to file notices with the city and pay an annual fee: $1,000 for a lobbyist and $500 for a client. They would have to file quarterly reports. A plan to reform the city’s lobbying law was proposed by Mayor Martin Walsh two years ago with a home rule petition that needed the state Legislature’s approval. Wu and Flaherty are proposing a local ordinance, which needs approval from only the council and mayor. But the versions are different enough to raise questions whether a deal can be reached on any changes to the city’s minimal lobbyist registration and disclosure requirements.

Ohio: Convicted Ohio Republican Businessman’s Company Targets Democrats
Philadelphia Inquirer – Julie Carr Smyth (Associated Press) | Published: 6/20/2018

Ben Suarez, an Ohio direct-marketer who was convicted of witness tampering in a campaign finance investigation, is organizing an operation to retaliate against the prominent Democrats he blames for putting him in prison. A memorandum lays out The Justice Association’s strategy for a lawsuit and ad campaign targeting U.S. Sen. Sherrod Brown, who is running for re-election this year, and former U.S. Attorney Steven Dettelbach, the Democratic nominee for state attorney general. It calls them “chief culprits” in a vast effort by Democrats to unjustly prosecute Republican-owned companies under former President Obama.

West Virginia: West Virginia Supreme Court Justice Indicted in Investigation He Initiated
Governing – Lacie Pierson (Tribune News Service) | Published: 6/21/2018

West Virginia Supreme Court Justice Allen Loughry, who wrote a book on political corruption in the state, was arrested by FBI agents and faces 22 charges alleging fraud, witness tampering, and lying to investigators. The indictment says Loughry used a state vehicle and credit card for personal use, including trips to visit family. It says Loughry also sought mileage reimbursements for trips even though he drove a state vehicle and used a government credit card for gas. He was accused of moving a leather couch and a valuable desk from the Supreme Court office to his home, and of lying to federal agents about his actions and trying to influence an employee’s testimony. Loughry has been suspended without pay.

A bipartisan working group of lawmakers unanimously approved a proposed bill amending the state’s campaign finance laws.

Among the changes, the proposal would require year-round, monthly campaign finance reporting, prohibit PACs from accepting more than $1,000 from groups not registered and disclose the source of their funds, and increase potential fines from $250 to up to $25,000. Additionally, use of the internet and social media would be included in the definition of electioneering communications.

The bill will be introduced during the 2018 legislative session.

The group declined to take up the issue of raising the lobbyist registration fee, not wanting to jeopardize the bill’s success. Member’s stated raising the fee is a legitimate concern and should be examined during the session.

The current $10 per client fee has not increased since 1974, when the lobbying statute first became law.

A bipartisan working group of lawmakers unanimously approved a proposed bill amending the state’s campaign finance laws.

Among the changes, the proposal would require year-round, monthly campaign finance reporting, prohibit PACs from accepting more than $1,000 from groups not registered and disclose the source of their funds, and increase potential fines from $250 to up to $25,000. Additionally, use of the internet and social media would be included in the definition of electioneering communications.

The bill will be introduced during the 2018 legislative session.

The group declined to take up the issue of raising the lobbyist registration fee, not wanting to jeopardize the bill’s success. Member’s stated raising the fee is a legitimate concern and should be examined during the session.

The current $10 per client fee has not increased since 1974, when the lobbying statute first became law.

Following suggestions from a working group of the legislature, Sec. of State Lawerence Denney presented a series of ethics and campaign finance draft bills to improve the state’s public disclosure system.

The suggested changes include limiting PACs from accepting more than $1,000 from other PACs unless the contributing PAC is registered with the state, removing an exception for local election reporting, increasing the frequency of campaign finance reporting, and requiring lobbyists to report all year, rather than only while the legislature is in session. Increasing fines for reporting violations is also on the table.

With ample funding available, the Sec. of State’s office would also like to see major improvements to the online reporting system. Critics are concerned increased reporting would be too burdensome and dissuade citizens from getting involved in the political process.