December 28, 2012 •
Executive Director Theresa Kirk Leaving West Virginia Ethics Commission
Will remain in position until new executive director selected
Ethics Commission executive director Theresa Kirk is planning to leave the agency to work in the private sector. She expects to stay on for 60 to 90 days to assist in preparing the commission’s 2013 legislative agenda and the transition to a new executive director.
Ms. Kirk has been the commission’s executive director since February 2009, and prior to that served as the commission’s legal counsel. The commission approved an employment exemption allowing her to seek work in the private sector.
September 14, 2012 •
West Virginia Public Campaign Finance Program Invalidated
Violates free speech rights of candidates receiving private contributions
The West Virginia Supreme Court has struck down the state’s public campaign financing pilot program.
The program, similar to other programs invalidated in Arizona and Nebraska, provided additional public financing to candidates whose privately-financed opponents made expenditures beyond a certain amount.
The court held that West Virginia’s program violated privately-financed candidates’ free speech rights by essentially preventing them from making expenditures in order to avoid their opponents’ receipt of additional funds.
March 28, 2012 •
The Latest Redistricting News
Today we have news on redistricting issues from nine states:
Alaska: “Alaska Redistricting Board says it has adopted new election districts” by Matt Buxton in the Fairbanks Daily News Miner.
Arizona: “Brewer signs bill to keep Arizona redistricting commission going while new maps are pending” by The Associated Press in The Republic.
Florida: “Redrawn Senate map passes House, scramble for seats begin” by Mary Ellen Klas in the Tampa Bay Times.
Florida: “Legislature ends redistricting session, new Senate map approved” by Mary Ellen Klas in The Miami Herald.
Idaho: “Redistricting will shake up Idaho Legislature” by Sean Ellis in the Capital Press.
Kansas: “Kan. House to debate congressional remap bill” by The Associated Press in the Salina Journal.
Maryland: “Group seeks referendum on new Md. congressional map” by Annie Linskey in The Baltimore Sun.
Missouri: “Missouri Supreme Court upholds House districts” by Elizabeth Crisp in the St. Louis Post-Dispatch.
West Virginia: “W.Va. lawmakers seek OK of congressional districts” by Eric Eyre in the Charleston Gazette.
Wisconsin: “Judges: Collaboration needed on Wis. voting maps” by The Associated Press on Madison.com.
Wisconsin: Opinion piece “Redistricting decision offers important lesson” by Christine Neumann-Ortiz in the Milwaukee Journal-Sentinel.
March 12, 2012 •
State Legislative Sessions Update
Four state legislatures report end to sessions
FLORIDA: The 2012 session of the Florida legislature adjourned on Friday, March 9th. Governor Rick Scott now has 15 days to sign or veto legislation, or the legislation will become law without his signature. Additionally, Governor Scott has called the legislature back to Tallahassee for a special session, set to begin Wednesday, March 14th. The session is slated to deal with the Florida Supreme Court’s decision to overturn the legislature’s redistricting plan for the state Senate.
INDIANA: Lawmakers concluded the 2012 legislative session at nearly 2:00 a.m. on Saturday, March 10th.
VIRGINIA: The General Assembly concluded the 2012 legislative session on Saturday, March 10, 2012. The assembly introduced 2,875 bills during the 60-day legislative session. Nearly 1,600 passed, and the Governor has already signed over 200 into law.
WEST VIRGINIA: The legislature of West Virginia adjourned sine die shortly before midnight on Saturday, March 10, 2012. The legislature then reconvened shortly thereafter on Sunday, March 11, 2012, to begin work on the 2012 extended budget session.
March 12, 2012 •
News You Can Use – March 12, 2012
Here are highlights from the latest edition of News You Can Use:
Federal:
One Super PAC Takes Aim at Incumbents of Any Party
From the States and Municipalities:
Alabama
Jury Acquits All Defendants, Including Means, in Gambling Corruption Case
California
Ethics Panel Raises Donation Limits in Municipal Campaigns
California
Trutanich Paid for YouTube Views of D.A. Campaign Videos
Georgia
Some Priorities Fade as Lawmakers Favor Social Issues Ahead of Election Season
Maryland
Bereano’s 1994 Conviction Upheld
Maryland
Leopold Indicted on Charges of Using Police Detail for Political Gain
Missouri
Honor for Rush Limbaugh is Fracas for Missouri
Nevada
Ethics Case Back before Nevada Supreme Court
New Mexico
Newly Elected Sunland Park Mayor to Seek Court Order to Do Job
Oklahoma
Ex-Senator Convicted of Bribery; Co-Defendant Free
Utah
Special Interests Busy Providing Perks to Legislators
West Virginia
W.Va. Ethics Panel Clarifies Cohabitation Law
State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.
News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.
January 12, 2012 •
Redistricting in the News
Here is a selection of redistricting news items from around the nation.
Florida: “Senate committee finalizes redistricting maps as Democrats split” Mary Ellen Klas in the Miami Herald.
“Democrats prepare for partisan redistricting debate” by Aaron Deslatte in the Orlando Sentinel.
Kentucky: “Panel approves state House redistricting plan over Republican protests” by Jack Brammer in the Lexington Herald-Leader.
North Carolina: “N.C. lawyers want redistricting challenges dismissed“by The Associated Press in the Greensboro News & Record.
Texas:“Republicans say Texas may need to hold two primaries” by Aman Batheja in the Star-Telegram.
“More Confusion in Redistricting Case” by Richard Whittaker in The Austin Chronicle.
West Virginia: “W.Va. redistricting deadline lifted, but election calendar looms” by Lawrence Messina (Associated Press) in the Charleston Gazette.
November 14, 2011 •
West Virginia Legislature Convenes Special Session
Election Results Certified
The West Virginia Legislature convened for a special session on November 13, 2011 to certify election results.
The house has adjourned sine die.
The senate will reconvene at 6 p.m. on November 14, 2011.
Photo of the West Virginia State House by Analogue Kid on Wikipedia.
November 3, 2011 •
West Virginia Governor Calls Special Session
Election Results to be Certified and Declared
Governor Earl Ray Tomblin has called a special session to be held on November 13, 2011.
The purpose of the session will be to certify and declare the results of the October 4, 2011 special election.
Map of West Virginia by Jim Irwin on Wikipedia.
August 23, 2011 •
West Virginia Special Session Adjourns
Session addressed redistricting
The West Virginia Legislature adjourned the second special session on redistricting on August 21, 2011.
Here is the announcement on the West Virginia Legislature’s blog.
Photo of the West Virginia State Capitol by Garkeith on Wikipedia.
August 15, 2011 •
West Virginia Governor Calls Additional Special Session
Will Address Redistricting
West Virginia Governor Earl Ray Tomblin has called another special session of the state Legislature to address redistricting following his veto of the redistricting bill passed during the last special session.
The special session will begin at noon on Thursday, August 18, 2011.
Photo of the West Virginia State Capitol building by Analogue Kid on Wikipedia.
July 20, 2011 •
U.S. District Court Strikes Down West Virginia Campaign Finance Laws
Court strikes down electioneering communications law
Judge Thomas Johnston of the U.S. District Court for the Southern District of West Virginia has struck down key provisions of campaign finance law pertaining to electioneering communications.
In a suit filed by West Virginians for Life and the Center for Individual Freedom, the court held that while the state of West Virginia could regulate advertisements that “can have no other reasonable meaning than to urge the election or defeat of one or more clearly identified candidates,” the state could not require financial disclosures from third party groups creating advertisements that are merely “susceptible” to the interpretation that they are an appeal for or against a specific candidate.
Further, the court struck down the extension of electioneering communication regulations to print media while upholding the applicability of such regulations to broadcast media.
June 28, 2011 •
West Virginia to Review Public Funding Program
Secretary of State Tennant will discuss the issue with the governor and attorney general.
In response to the U.S. Supreme Court decision which struck down Arizona’s public funding matching system, West Virginia Secretary of State Natalie Tennant has indicated that West Virginia will review its own public funding program.
West Virginia’s public funding program, approved by lawmakers in 2010, is set to begin with a pilot project involving two state Supreme Court seats up for election in the 2012 general election. West Virginia’s law would give candidates who opt into the program more state money as spending by their opponents or independent expenditures by third parties increased.
Tennant has stated that she plans to meet and discuss this issue with Governor Earl Ray Tomblin and Attorney General Darrell McGraw.
Photo of Natalie Tennant courtesy of Natalie Tennant on Wikipedia.
May 13, 2011 •
Revolving Door Loophole Exposed
West Virginia’s ethics panel decided the law does not include independent contractors.
The West Virginia Ethics Commission has concluded it cannot prevent an employee of the Legislature from avoiding the state’s newly passed “revolving door” ban if he changes his status from an employee to an independent contractor before the law takes effect on July 1, 2011.
Under the pending law, elected officials and certain high-ranking unelected employees will be forbidden from acting as lobbyists for one year after leaving public employment. The commission decided this law does not include independent contractors.
This decision comes after a request for an opinion by legislative counsel Donnie Adkins. The commission said it “is troubled” by the proposed maneuver but would be unable to bring him within the revolving door ban as an independent contractor.
The West Virginia Ethics Commission offers the opinion on their website.
Here is the Charleston Gazette’s coverage in the story, “Ethics loophole a cause of concern” by Phil Kabler.
April 14, 2011 •
West Virginia Ethics Bill Passes
Acting Governor Tomblin signed House Bill 2464 into law late last week.
This ethics bill, which takes effect on July 1, 2011, prohibits members of the state legislature, elected executive branch officials, agency heads, and certain other appointed officials from acting as lobbyists for one year after leaving office.
Additionally, this legislation will require a public official who files financial disclosure statements to reveal employment information and other “business interests” of his or her spouse.
The spousal disclosures are designed to shine light on additional conflicts of interest an official may have even without a personal stake in a matter.
Photo of the West Virginia State Capitol by Garkeith on Wikipedia.
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