Federal Court Enjoins Ohio Law Prohibiting Former State Legislators from Lobbying, if Lobbyist is Unpaid

Posted on by August 5, 2009
Reply

On August 4, U.S. District Court Judge Susan Dlott, a Clinton appointee, enjoined Ohio from enforcing a state law that makes it illegal for a former state legislator to represent any organization at the state legislature within one year of having served in office. However, the order only applies to ex-legislators who are not being paid to lobby. Brinkman v Budish, sou. dist., 1:09-cv-326. Here is the decision.

The decision says the plaintiff, Thomas E. Brinkman, “is not seeking pecuniary benefit from his representation of the Coalition Opposed to Additional Spending and Taxes. Therefore, a concern for quid pro quo corruption is not implicated.”

The decision also suggests that the Ohio lobbyist restriction may violate Equal Protection, since it permits a former state legislator within one year of his or her legislative service to lobby on behalf of state agencies, but not on behalf of any other group. Thanks to ElectionLawBlog for this news.

Detroit Voters Defeat Monica Conyers

Posted on by August 5, 2009
5

Detroit held its municipal election on August 4. Nine city councilors were to be elected at-large in a non-partisan election. The top 18 candidates go into a run-off. Monica Conyers, who had pleaded guilty to a felony earlier this year, had remained on the ballot, but she did not place among the 18 top candidates. If she had been elected, she could not have served in office and the city would have needed to hold a special election. Thanks to Thomas Jones for this news.

New Mexico Federal Court Curtails State Campaign Finance Reporting Law

Posted on by August 5, 2009
Reply

On August 4, U.S. District Court Judge Judith Herrera, a Bush Jr. appointee, ruled that New Mexico state officials cannot require a group to register as a “political committee”, just because it sent out mailings to voters criticizing several state legislators. The decision is New Mexico Youth Organized v Herrera, 08-1156, and is 30 pages.

New Mexico law says that any group that spends $500 on partisan political communications is a “political committee”, but the judge ruled that the U.S. Supreme Court has already established that a “political committee” is something that is either controlled by a candidate, or which has as its major purpose the nomination or election of a candidate.

Furthermore, the opinion says that the literature mailed by New Mexico Youth Organized is not unambiguously related to any campaign, just because it criticized the incumbents and because it was mailed in an election year.

Ohio Ballot Access Bill About to be Introduced

Posted on by August 5, 2009
2

The Ohio Secretary of State, Jennifer Brunner, has finished preparing a massive 252-page bill of election law revisions. The draft includes a substantial easing of ballot access for new and previously unqualified political parties. It lowers the petition to one-fourth of 1% of the last gubernatorial vote. It lowers the vote test to 1% of any statewide race at either of the last two elections.

The bill won’t have a bill number until it is formally introduced. Whether or not the bill goes into effect before the 2010 election is not determined yet. That depends on how fast the bill becomes law (assuming it does pass). The legislature is not sitting until September, but it is technically considered to be in session now, for the purpose of introducing bills. Thanks to Kevin Knedler for this news.