St. Petersburg City Council Passes Controversial
Super PAC Contribution Limits

Kevin Newman, Esq.
Research Associate                   

In a direct assault on Citizens United v. FEC and subsequent jurisprudence, city lawmakers in St. Petersburg, Florida, passed legislation seeking to limit the influence of independent expenditures in local elections. Through three separate ordinances, City Council placed limits on contributions to super PACs, prohibited foreign-influenced corporations from participating in city elections, and increased disclosure requirements for groups making independent expenditures.

Effectively eliminating the existence of super PACs at the city level, Ordinance 300-H creates a $5,000 limit on contributions to groups raising money for or making expenditures or electioneering communications in city elections. Additionally, the ordinance prohibits corporations with 5 percent ownership by a single foreign owner, or 20 percent overall foreign ownership, from participating in city elections. This provision requires the chief executive officer of a company making certain expenditures or contributions to certify the company is not foreign-influenced.

The additional two laws, Ordinances 301-H and 302-H, requires the filing of a notice of independent spender status as well as regular political activity reports from persons, political committees, and corporations. Disclosure reports must show all expenditures made and contributions made or received. Political advertisements paid for by independent expenditures must also include certain disclaimers stating the source of the funds.

Supporters of the legislation hope to spark a constitutional challenge to bring the question of super PACs to the Supreme Court. The U.S. Court of Appeals for the Eleventh Circuit, governing Florida, has not yet ruled on the issue. However, other circuits, including the D.C. Circuit, have ruled limits on contributions to independent expenditure-only committees are unconstitutional. Opponents within city government voiced concern over exposing the city to expensive litigation and personal liability for officials enforcing the ordinances. Free Speech for People, a nonprofit group who authored the laws, has offered to defend the city pro bono if litigation ensues. The ordinances take effect on January 1, 2018, exempting the upcoming November elections.

[The details for this article have been updated on our website in the St. Petersburg, Florida Independent Expenditure section of the Political Contribution Compliance Laws.]

Summary of Changes UPDATE
Note Recent Changes to Compliance Regulations 

Michael Beckett, Esq., Research Manager

ARKANSAS: Beginning October 1, all lobbyists must register and file reports through the new lobbyist registration and reporting system. The new system requires all lobbyists, regardless of whether they are new lobbyists or currently registered, to re-register and submit a new signature card. Lobbyists must re-register and submit a new signature card to file third quarter reports.

BRITISH COLUMBIA, CANADA: Cabinet ministers and other public officer holders will be prohibited from lobbying the government for two years after leaving office under a bill proposed in the Legislature. The prohibition in the bill applies to former public office holders, which the legislation defines as a former member of the Executive Council and any individual formerly employed in the former member's former office, other than administrative support staff, or a former parliamentary secretary. Those listed in the definition also includes any individual who formerly occupied either a senior executive position in a ministry, the position of associate deputy minister, assistant deputy minister or a position of comparable rank in a ministry, or a prescribed position in a provincial entity.

CALIFORNIA: Gov. Jerry Brown signed Senate Bill 568, moving up the state’s presidential primary to March 3, 2020. The date of the 2016 primary was in June, but the Legislature pushed for an earlier primary in an attempt to have more of an impact on the national level. The bill does not change the date of the 2018 primary.

FEDERAL: On October 10, the Federal Election Commission (FEC) extended the comment period concerning internet communications disclaimers to November 9. The FEC is specifically requesting comments addressing advertisements on internet-enabled applications and devices. Originally, the FEC published an Advance Notice of Proposed Rulemaking seeking comment on October 13, 2011, and then again on October 18, 2016. This month, the commission has decided to again reopen the comment period to receive additional comments once more because of technological changes since the last comment period ended. Federal regulations require disclaimers identifying who paid for a political campaign communication and whether the communication was authorized by a candidate. The FEC is not proposing changes to any other rules adopted in the Internet Communications rulemaking of 2006.

SACRAMENTO, CALIFORNIA: Gov. Jerry Brown signed Senate Bill 267, authorizing the Fair Political Practices Commission to have primary responsibility for the impartial, administration, implementation, and enforcement of local campaign finance reform for the city of Sacramento, effective immediately.

Legislation We Are Tracking

At any given time, more than 1,000 legislative bills, which can affect how you do business as a government affairs professional, are being discussed in federal, state, and local jurisdictions. These bills are summarized in State and Federal Communications' online Compliance Laws for Government Relations Professionals. They can be found on a jurisdiction's home page.

Summaries of major bills are also included in the monthly Summary of Changes email update sent to all clients. The chart below shows the number of bills we are tracking in regard to lobbying laws, political contributions, and procurement lobbying.

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State and Federal Communications’ Experts Answer Your Questions

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We earnestly remind you to exercise your right to vote -  November 7, 2017. KEEP US STRONG - VOTE!

The Cleveland Cavaliers and Quicken Loans Arena honored Breast Cancer Survivors and families Saturday, October 21. Elizabeth Bartz is an 11.5 year SURVIVOR!

 

	[Left] Elizabeth Z. Bartz received the Kent State University Alumni Advocacy Award on October 13, 2017. [Top] Elizabeth with Dr. Bev Warren, KSU President.

Staff Anniversaries

Each month, we recognize employees and their length of devoted time to State and Federal Communications, Inc.  Recently, we acknowledged anniversaries of those pictured above.  These employees are exceptional members of the staff. 
Congratulations to you all.

[Top row - left to right] George Ticoras, Esq., Research Associate [7 years]; Jon Spontarelli, Social Media Specialist [6 years]; Michael Beckett, Esq., Research Manager [6 years]; and Emone Smith, Administrative Assistant [4 years].
[Bottom row - left to right] Katlin Newman, JD, Research Associate [4 years]; Chris Patrizi, Executive Assistant [2 years], Alexandra Vernis, JD, Research Associate, [1 year], and Anthony Didion, Marketing and Sales Assistant, [1 year].

Plan to say hello at future events where State and Federal Communications, Inc.
will be attending and/or speaking regarding compliance issues.