February 22, 2016 •
Ask the Experts – Maryland Pay-to-Play Restrictions
Q. I want to contribute to an acquaintance in Maryland. I know there are pay-to-play restrictions. What are my personal limitations? A. Is your company “doing public business” with the state of Maryland? “Doing public business” means having a single […]
Q. I want to contribute to an acquaintance in Maryland. I know there are pay-to-play restrictions. What are my personal limitations?
A. Is your company “doing public business” with the state of Maryland? “Doing public business” means having a single contract (an agreement in any form entered into by a governmental entity for a procurement) with a single governmental entity involving cumulative consideration of at least $200,000. Governmental entity means: (1) the State, a county, a municipal corporation, or other political subdivision of the State; and (2) a unit of the State, a county, a municipal corporation, or other political subdivision of the State.
Contributions in Maryland are still permissible even though your employing organization is doing public business. The issue is not permissibility, but whether disclosure is required. If you are an officer or director and the contribution is $500 or more, it must be disclosed.
- Director is a member of the board of directors of a business entity
[M.C.E.L. §14-101(g)]. - Officer includes an individual who serves as a business entity’s chief executive officer, president, vice president, secretary, treasurer, chief financial officer, managing partner, managing member, or principal or in any other formal or informal role in which the individual exercises substantial independent responsibility for managing the affairs of a business entity [M.C.E.L. §14-101(k)].
If you fall into either category, disclosure is required to the Board of Elections on May 31 and November 30.
You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: experts@stateandfed.com.
(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.
February 20, 2016 •
New York Joint Commission on Public Ethics Releases New Advisory Opinion on Political Contributions
The Joint Commission on Public Ethics has released an advisory opinion addressing whether an elected official can solicit and accept campaign contributions or other forms of support for his campaign from a subject of the official’s enforcement powers. In the […]
The Joint Commission on Public Ethics has released an advisory opinion addressing whether an elected official can solicit and accept campaign contributions or other forms of support for his campaign from a subject of the official’s enforcement powers. In the opinion, JCOPE determined an elected official running for election may not directly solicit or accept monetary or in-kind campaign contributions from any person or entity which is the active subject of an ongoing exercise of enforcement powers of the elected official or the office of the elected official.
Additionally, other, non-monetary forms of political support will be determined on a case-by-case basis as to whether a conflict of interest exists. The public official would be required to recuse himself from an exercise of enforcement powers against a party from whom he accepted a contribution in the prior 12 months.
February 19, 2016 •
News You Can Use Digest – February 19, 2016
National: Sanders Supporters Like Chipotle, While Trump Fans Prefer Sonic Bloomberg.com – Tim Higgins | Published: 2/18/2016 Consumer data have traditionally been used by campaigns to better understand where they should invest their ad dollars, or which potential voters and donors […]
National:
Sanders Supporters Like Chipotle, While Trump Fans Prefer Sonic
Bloomberg.com – Tim Higgins | Published: 2/18/2016
Consumer data have traditionally been used by campaigns to better understand where they should invest their ad dollars, or which potential voters and donors they should have volunteers call. Now, candidates are increasingly using the sentiment to figure out how to present themselves to voters. A survey by Resonate shows Bernie Sanders supporters are 82 percent more likely than the average American to eat at Chipotle, while Donald Trump fans are 111 percent more likely to grab a bite at Sonic. Marco Rubio’s backers are 141 percent more likely to have stayed at a Ritz-Carlton.
Snapchat Bets Big on Quick-Fire Approach to Campaign Coverage
New York Times – Nick Corasaniti | Published: 2/12/2016
Best known for photo and video messages that disappear soon after they are delivered, Snapchat is making a big bet by trying to break into the news business at a time when the industry is in turmoil. Developing a strategy for news coverage at a time when established newsrooms are struggling with the digital transition could be seen as a risky move, even for a booming technology company. But Snapchat has something that every other news organization is after: a loyal and active audience of more than 100 million users. Snapchat’s mission is to reinvent mobile storytelling through the most compelling and important story of the year – the presidential election – and it is already finding an audience, with more than one million viewers on every political story it has produced.
The Year of ‘Enormous Rage’: Number of hate groups rose by 14 percent in 2015
Washington Post – Niraj Chokshi | Published: 2/17/2016
For the first time in five years, the number of hate groups in the U.S. rose in 2015, according to a report from the Southern Poverty Law Center. Swelling numbers of Ku Klux Klan chapters and black separatist groups drove last year’s surge, though organizations classified as anti-gay, anti-immigrant, and anti-Muslim saw small increases, too. A creeping rhetoric of intolerance among politicians helped to normalize hate, the center argued. And while it singled out other presidential contenders, the center, which conservatives criticize for casting too wide a net, stated Donald Trump had “electrified the radical right.”
Federal:
Battle over Scalia’s Replacement Already Spilling into Senate Races
Washington Post – Steven Mufson and Juliet Eilperin | Published: 2/15/2016
Advocacy groups are gearing up for a fierce political fight over President Obama’s pick to fill the U.S. Supreme Court vacancy created by the death of Justice Antonin Scalia, and already the battle is spilling from the presidential campaign into some of the nation’s most hotly contested Senate races. Republicans have argued Obama should allow his successor to make the pick and they would block any attempt to confirm a new justice this year. One consideration that may force Republicans to recalibrate their strategy is the prospect of political damage to some of the embattled Senate incumbents up for re-election this fall. Democrats see a potential confirmation battle as an opportunity to put Republicans on the defensive and as a wedge issue that could help them retake control of the Senate.
Campaigns Secretly Prep for Brokered GOP Convention
Politico – Brett Schreckinger | Published: 2/15/2016
As Donald Trump and Ted Cruz divide up the first primaries and center-right candidates hammer one another in a race to be the mainstream alternative, Republicans are waging a shadow primary for control of delegates in anticipation of what one senior party official called “the white whale of politics”: a contested national convention. Should the first ballot fail to produce a nominee, the outcome of the convention will depend on results of the parallel primary now underway for the hearts and minds of delegates. Each state party has its own rules governing delegate selection, a process so steeped in nuance and legal ambiguity that there are multiple blogs dedicated to wading through it all.
DNC Rolls Back Restrictions on Lobbyist Donation
Washington Post – Tom Hamburger and Paul Kane | Published: 2/12/2016
The Democratic National Committee (DNC) has dismantled the last of its prohibitions on receiving contributions from lobbyists and PACs. The DNC opened the door to K Street donations earlier this summer, when it announced that lobbyists and corporate PACs would once again be allowed to contribute to the annual nominating conventions. With the DNC now accepting all lobbyist and PAC donations, it has reversed the policies that were adopted in 2008, when Barack Obama vowed to curb the influence of special interests in Washington.
Pope Francis Suggests Donald Trump Is ‘Not Christian’
New York Times – Jim Yardley | Published: 2/18/2016
Pope Francis suggested Donald Trump “is not Christian” because of the harshness of his campaign promises to deport more immigrants and force Mexico to pay for a wall along the border. Trump has also made inflammatory comments accusing Mexican immigrants of being rapists and criminals. Asked whether he would try to influence Catholics in how they vote in the presidential election, Francis said he “was not going to get involved in that” but then repeated his criticism of Trump, with a caveat. “I say only that this man is not Christian if he has said things like that,” Francis said.
From the States and Municipalities:
California – Coastal Chief’s Ouster Prompts Bill to Require Transparency between Lobbyists and Panel
Los Angeles Times – Dan Weikel and Tony Barboza | Published: 2/12/2016
Assembly members said they plan to introduce legislation to require people who lobby the California Coastal Commission to register with the state and disclose their clients with business pending before the land-use agency. Lawmakers contend the measure would close a loophole that exempts lobbyists on the commission level from reporting details of their activities to the public. They say their bill also would require lobbyists to report to the public the payments they receive from clients and how much they spend on lobbying for specific matters that come before the commission. Lawmakers said they are motivated by what they consider a lack of transparency surrounding the firing of commission Executive Director Charles Lester.
California – L.A. Ethics Commission OKs $47,000 in Fines for Lobbying Violations
Los Angeles Times – Emily Alpert Reyes | Published: 2/16/2016
The Los Angeles City Ethics Commission voted to fine two nonprofits more than $47,000 for failing to accurately report how much they had spent on lobbying. Both the Los Angeles Alliance for a New Economy and the Hospital Association of Southern California had registered employees with the city as lobbyists. Yet the two groups reported spending nothing on lobbying by those employees for years, even as they spoke up on a laundry list of issues at City Hall. The steeper fine imposed on LAANE – $30,000 for a dozen violations over three years – appears to be the highest for a lobbying violation that the Ethics Commission has ever imposed. The hospital group will pay $17,500.
Florida – Apopka’s Hired Lobbyist Not Registered to Lobby for City in 2014, 2015
Orlando Sentinel – Bethany Rodgers | Published: 2/11/2016
The city of Apopka paid $165,000 to Richard Anderson to lobby the state and federal governments on behalf of the city from late 2014 through 2015. But state records show there was no registered lobbyist for Apopka during that time period, either in Tallahassee or Washington, D.C. Anderson said he has not done any state or federal lobbying for Apopka because city officials never requested it. Dave Mica, chairperson of the Florida Association of Professional Lobbyists, said Anderson is not a member of his organization and declined to comment on Apopka’s situation. Mica said there are industry standards for lobbyists. “It’s stated in our code of ethics that all members should diligently and vigorously advance the interests of their client and employer,” Mica said.
Massachusetts – FBI, IRS Raid Canton Law Office of State Senator Brian Joyce
Boston Globe – Milton Valencia, Astead Herndon, and Andrea Estes | Published: 2/17/2016
The FBI and IRS raided the law office of Massachusetts Sen. Brian Joyce. A person familiar with the investigation said the raid stemmed from recent stories in The Boston Globe detailing several ways in which Joyce allegedly used his position as a senator to benefit himself and his law practice. He is already under investigation by the state Ethics Commission and recently settled allegations of improper use of his campaign fund with Office of Campaign and Political Finance. Jerry Richman said he gave Joyce free dry cleaning for more than a decade starting in 1997. Richman, who owned Woodlawn Cleaners until 2008, said Joyce brought in $50 to $100 worth of dry cleaning almost weekly for years and did not pay.
Michigan – Lansing Power Brokers: Law firms, others strengthen their lobbying corps
Crain’s Detroit Business – Lindsay Vanhulle | Published: 2/7/2016
Lobbying is not just the work of traditional multi-client firms in state capitals. Some law firms with offices in Michigan are hiring more in-house lobbyists or forming other partnerships to handle meetings with legislators, prepare testimony for committee meetings, and build the relationships needed to help swing the pendulum in favor of their clients. The investment in lobbying is not without its critics, but nontraditional shifts in hiring, and consultants who serve as these behind-the-scenes dealmakers and educators, are a trend as clients seek to save money on litigation or influence policy decisions. Another motivation is to educate existing staff on legislative issues of the day.
New Mexico – Ethics Bill Appears Dead after Sponsor Ends Support
Albuquerque Journal – Dan Boyd | Published: 2/16/2016
The New Mexico Legislature abandoned efforts to establish a state ethics commission this year that would oversee the conduct of public officials, lobbyists, and contractors. A proposed constitutional amendment to create an independent ethics agency died in a Senate committee after requests were made to rein in the authority of the agency. The plan was an ambitious component of reforms proposed in response to a campaign finance scandal last year that led the resignation and jailing of former Secretary of State Dianna Duran. The House had voted in favor of creating the ethics commission.
Utah – Free Lunches Becoming More Rare for Utah Legislators
Salt Lake Tribune – Lee Davidson | Published: 2/15/2016
Utah lawmakers’ schedules these days generally include fewer free-meal events sponsored by special-interest groups than they used to. Many groups hoping to lobby the Legislature en masse seem to be shifting away from time-consuming lunches and dinners to receptions where legislators can drop in briefly. A likely reason is the Legislature changed its pay structure a few years ago to eliminate what had been a financial incentive to accept free meals. With that gone, many now tend to value quick events that do not consume too much of their time. But so many free breakfasts, lunches, dinners, snack breaks, receptions, and family events still exist that questions arise about whether they allow wealthy special interests to buy extra access and, perhaps, influence.
Washington – State: Food industry lobby engaged in ‘egregious’ money laundering in 2013 vote
Seattle Post-Intelligencer – Joel Connelly | Published: 2/17/2016
Washington Attorney General Bob Ferguson alleges the Grocery Manufacturers Association (GMA) concealed the source of $11 million spent to fight a 2013 ballot initiative, and internal documents reveal how it was done. Ferguson is suing the GMA over a fund it set up to conceal food companies donating to the defeat of Initiative 522, which would have required labeling of all genetically engineered foods and seeds sold in Washington. Ferguson filed a suit against the GMA late in the campaign, after which the association agreed to register with the Public Disclosure Commission and provide information on donors, who turned out to be a “who’s who” of big food companies. The GMA decried what it called Washington’s “hopelessly vague disclosure law” and charged it “improperly burdens” the constitutional right of trade associations to participate in the state’s political process.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
February 18, 2016 •
Special Session of the General Assembly Called in North Carolina
On February 18, Gov. Pat McCrory called a special session of the General Assembly, for the purpose of drawing new congressional district maps. The new maps are needed because two congressional districts have been declared unconstitutional by the United States […]
On February 18, Gov. Pat McCrory called a special session of the General Assembly, for the purpose of drawing new congressional district maps. The new maps are needed because two congressional districts have been declared unconstitutional by the United States District Court for the Middle District of North Carolina just ahead of the upcoming primary election.
The regular session of the General Assembly is not scheduled to meet until April 25.
Photo of the North Carolina State Legislative Building by Jayron32 on Wikimedia Commons.
February 17, 2016 •
MSRB Extends Pay-to-Play Rule to Municipal Advisors and Third-Party Solicitors
Today, the Municipal Securities Rulemaking Board (MSRB) announced new pay-to-play regulations, extending current pay-to-play rules to municipal advisors, including those acting as third-party solicitors. “The integrity of the municipal market will be well-served by regulations to help ensure that all […]
Today, the Municipal Securities Rulemaking Board (MSRB) announced new pay-to-play regulations, extending current pay-to-play rules to municipal advisors, including those acting as third-party solicitors. “The integrity of the municipal market will be well-served by regulations to help ensure that all municipal advisors that do business with state and local governments do so based on the merits of their work and not on financial influence,” said MSRB Executive Director Lynnette Kelly in a press release. The new regulations take effect on August 17.
February 17, 2016 •
New York Legislative Ethics Commission Fines Former Assemblyman $100,000
The Legislative Ethics Commission has fined former Assemblyman Dennis Gabryszak $100,000 after the Joint Commission on Public Ethics formally accused him of violating Public Officers Law. Gabryszak’s fine is made up of $30,000 for using his office resources, including phones, […]
The Legislative Ethics Commission has fined former Assemblyman Dennis Gabryszak $100,000 after the Joint Commission on Public Ethics formally accused him of violating Public Officers Law. Gabryszak’s fine is made up of $30,000 for using his office resources, including phones, computers, and printers to aid his political campaigns, and $70,000 for sexually harassing seven female staff members while in office.
Gabryszak resigned in January 2014. The $100,000 fine is the second largest civil fine ever handed out by the New York Legislative Ethics Commission.
February 16, 2016 •
New Commission on Procurement Established in Maryland
Gov. Hogan has established a commission to help update the state’s approach to procurement. Hogan said a new system was needed as the current approach is a patchwork of laws and processes resulting in unreliability and actually discourages participation to […]
Gov. Hogan has established a commission to help update the state’s approach to procurement. Hogan said a new system was needed as the current approach is a patchwork of laws and processes resulting in unreliability and actually discourages participation to do business with the state.
The commission is comprised of 19 individuals with various backgrounds, including information technology, construction, engineering, law, and representatives from various state agencies.
The commission will be charged with standardizing interpretation of contracting codes, using new technology to make the procurement process more efficient, and simplifying the existing template Maryland uses for requesting proposals.
February 12, 2016 •
DNC Now Accepting Contributions from Lobbyists and PACS
Political contributions from federal lobbyists and political action committee (PACs) are now being accepted by the Democratic National Committee (DNC). A self-imposed ban on receiving contributions from lobbyists and PACs began in 2008 during the presidential campaign. Lobbyists and PAC […]
Political contributions from federal lobbyists and political action committee (PACs) are now being accepted by the Democratic National Committee (DNC). A self-imposed ban on receiving contributions from lobbyists and PACs began in 2008 during the presidential campaign. Lobbyists and PAC representatives are still prohibited from attending events featuring the president or vice-president or their spouses, according to The Hill.
Mark Paustenbach, deputy communications director for the DNC, explained the change to The Washington Post by saying, “The DNC’s recent change in guidelines will ensure that we continue to have the resources and infrastructure in place to best support whoever emerges as our eventual nominee.” Last year it was announced the DNC would accept contributions from lobbyists and PACs for its party conventions.
February 12, 2016 •
Public Hearing Scheduled to Discuss Changes to Columbus, OH Ethics Laws
Columbus City Council President Zach Klein will hold a public hearing on proposed ethics legislation on Wednesday, February 17, 2016. The proposed changes enhance transparency and accountability for lobbyists, strengthen ethics disclosure laws, and amend campaign finance reporting requirements. Public […]
Columbus City Council President Zach Klein will hold a public hearing on proposed ethics legislation on Wednesday, February 17, 2016. The proposed changes enhance transparency and accountability for lobbyists, strengthen ethics disclosure laws, and amend campaign finance reporting requirements.
Public testimony will be accepted. Comments will be limited to three minutes. Those wishing to comment must fill out a speaker slip at Columbus City Hall on the day of the hearing.
February 12, 2016 •
Applications Sought for Chief Electoral Officer of Nunavut
The Legislative Assembly of Nunavut’s Management and Services Board is accepting applications for the position of chief electoral officer of Nunavut. The commissioner of Nunavut appoints the chief electoral officer for a seven-year term on the recommendation of the Legislative […]
The Legislative Assembly of Nunavut’s Management and Services Board is accepting applications for the position of chief electoral officer of Nunavut. The commissioner of Nunavut appoints the chief electoral officer for a seven-year term on the recommendation of the Legislative Assembly. The chief electoral officer is accountable for the administration of all territorial general elections and by-elections, plebiscites, and local option votes.
The next territorial general election is scheduled to take place in October 2017.
February 12, 2016 •
West Virginia Campaign Finance Bill Stalls in Senate
A bill to increase campaign contribution limits hit a roadblock this week in the West Virginia Senate after Democrats successfully added amendments requiring greater disclosure. The Republican-inspired measure, Senate Bill 408, would increase the limit on contributions to state office […]
A bill to increase campaign contribution limits hit a roadblock this week in the West Virginia Senate after Democrats successfully added amendments requiring greater disclosure. The Republican-inspired measure, Senate Bill 408, would increase the limit on contributions to state office candidates from $1,000 to $2,700 per election. Democrats, however, were willing to accept the increase only if greater disclosure by dark money groups was also part of the changes.
The effective date of the bill was also amended by the Democrats to go into effect in 2017, whereas the original would make the changes effective on May 11, 2016, the day after the primary election.
With these two amendments, the Republican leadership decided not to bring the bill up for a vote. Judiciary Committee Chairman Charles Trump said he will have to discuss the changes with other senators before deciding whether or not to move forward with the legislation.
February 12, 2016 •
News You Can Use Digest – February 12, 2016
National: Amid Federal Gridlock, Lobbying Rises in the States Center for Public Integrity – Liz Essley White and Ben Weider | Published: 2/11/2016 The number of business and interest groups lobbying in state Capitols has risen nearly 11 percent in recent […]
National:
Amid Federal Gridlock, Lobbying Rises in the States
Center for Public Integrity – Liz Essley White and Ben Weider | Published: 2/11/2016
The number of business and interest groups lobbying in state Capitols has risen nearly 11 percent in recent years as organizations have shifted some efforts away from the stalemates in Washington, D.C. to statehouses, which are more apt to act on key policy initiatives, according to a new study. The Center for Public Integrity found 101 businesses, associations, or interest groups had lobbyists in at least two-thirds of the states between 2010 and 2014. That includes 21 entities registered to lobby in every state at some point during that period.
Michele Fiore, the Gun-Toting, Calendar-Posing Politician Who Negotiated the Ore. Occupiers’ Surrender
Washington Post – Michael Miller | Published: 2/11/2016
The remaining occupiers of Malheur National Wildlife Refuge in Oregon tentatively agreed to turn themselves in, largely thanks to Nevada Assemblyperson Michele Fiore’s intervention. Fiore acted as act as the de facto negotiator for the occupiers, at times agreeing with their radical views and at others, calming them down. If the standoff ends peacefully, Fiore will emerge as the most unlikely of saviors. The brash lawmaker is one of the most colorful, controversial political people in the country.
Federal:
IRS Grants Long-Delayed Tax Exempt Status to Crossroads GPS
Politico – Kenneth Vogel | Published: 2/9/2016
Karl Rove’s Crossroads GPS has been granted tax-exempt “social welfare” status. After deliberating for more than five years, the IRS sent a letter to Crossroads GPS in November telling the group that it qualifies under section 501(c)4 of the tax code that allows it to raise and spend unlimited amounts of money while keeping its donors’ identities secret. During the 2012 election cycle, Crossroads GPS technically abided by the social welfare requirement, reporting it spent only 39 percent of its total $189 million spending on “direct political activities.” But millions of the non-political expenditures involved issue advocacy without expressly advocating for or against a candidate. Campaign finance reformers are incensed by the decision, which they believe validates “dark money” spending on a huge scale.
Line Blurs Between PR, Lobbying
The Hill – Megan Wilson | Published: 2/9/2016
Many on K Street say that offering public relations services has become a necessity in an era when controlling the media message is just as important to clients as cultivating relationships, especially with the explosion of information online. “I think lobbying is changing,” said lobbyist Steve Elmendorf. “People realize that decision makers get their information in so many different ways than they used to, and there are more channels of information. You need to do more than just [direct] lobbying.”
The Politico 100: Billionaires dominate 2016
Politico – Kenneth Vogel and Isaac Arnsdorf | Published: 2/6/2016
The 100 biggest donors of 2016 election cycle have spent $195 million trying to influence the presidential election, more than the $155 million spent by the two million smallest donors combined. The analysis found the leading beneficiaries of checks from the top 100 donors were Jeb Bush’s floundering campaign for the Republican nomination, Democratic frontrunner Hillary Clinton, and Ted Cruz’s insurgent GOP campaign. The intensifying courtship of ultra-rich political partisans, which is occurring in private on both sides of the aisles in luxury resorts and phone calls, stands in contrast to the public discussion on the campaign trail, which is dominated by the concerns of the lower- and middle-class just struggling to get by.
From the States and Municipalities:
California – Two Nonprofits Face More Than $47,000 in Fines over L.A. Lobbying Forms
Los Angeles Times – Emily Alpert Reyes | Published: 2/10/2016
Los Angeles Ethics Commission staffers have proposed a fine of $30,000 for the Los Angeles Alliance for a New Economy (LAANE) and $17,500 for the Hospital Association of Southern California for not properly reporting their lobbying at City Hall. The Los Angeles Times reported a year ago that LAANE had failed to fill out key parts of city forms that are supposed to publicly reveal its lobbying activities. Several of its employees had registered as lobbyists, but the nonprofit did not report any payments to those employees or any related expenses for years at a time. Nor did LAANE report any issues that its employees were lobbying about. Commission investigators found similar gaps in the lobbying forms filed by the Hospital Association of Southern California.
Florida – Manatee Judge John Lakin Says Inexperience Led Him to Take Baseball Tickets
Bradenton Herald – Kate Irby | Published: 2/8/2016
Facing possible disciplinary action by the Florida Supreme Court, a Manatee County circuit judge has apologized for using Tampa Bay Rays tickets supplied by a firm with a case pending in his court. Judge John Lakin acknowledged violating canons of judicial conduct but denied baseball tickets influenced his decision in the case. A notice of formal charges says Lakin in June presided over a personal injury case in which a client of the firm Kallins Delgado & Little sued Wal-Mart. A jury found Wal-Mart was not liable, and a day later, Lakin’s judicial assistant contacted the firm about tickets for a Rays game. Lakin used two tickets and did not advise Wal-Mart’s attorneys, despite the case not being final. In August, Lakin issued an order setting aside the jury’s verdict and granting a new trial.
Hawaii – ‘Good Government’ Measures Take another Go at Hawaii Lawmakers
Honolulu Civil Beat – Nathan Eagle | Published: 2/10/2016
Watchdogs in Hawaii have championed ethics reform legislation for years, along with the state ethics and campaign spending commissions. But the Legislature often balks, and in some cases even works contrary to them. It is early yet in the 2016 session, which runs until May. Many reform measures are still alive, and a handful are moving forward. In a few instances, bills that stalled last year have been resurrected.
Maine – Why it’s Hard to Figure out Who’s Influencing Maine Lawmakers
Bangor Daily News – Darren Fishell | Published: 2/10/2016
For the 50 lobbyists in Maine who spent the most in 2015, The Bangor Daily News attempted to link together what those entities spent with the legislation they sought to influence and what has, so far in this ongoing session, happened with those bills. It is an exercise the state ethics commission also is going through as it prepares for another update to its website that Jonathan Wayne, the agency’s executive director, said will bring “significant improvements in the next year.” Maine has a relative abundance of information about lobbying activity, albeit self-reported and unaudited. The problem is presenting that information in a way that is understandable.
Michigan – Judge Puts Michigan ‘Gag Order’ Election Law on Hold
Detroit Free Press – Kathleen Gray and Lori Higgins | Published: 2/5/2016
A federal judge has put a temporary stop on a controversial part of a recently passed campaign finance bill. Senate Bill 571, which included significant changes in Michigan’s election law, contained a provision prohibiting the use of public resources by public entities such as schools and libraries in the 60 days before an election. The provision was found to be unconstitutionally vague by the judge, as it did not clarify what was permissible. While several bills to fix the provision have subsequently been introduced, it is likely none of them will be passed by the upcoming March 8 election.
New Hampshire – Sanders Defeats Clinton in Decisive New Hampshire Primary Victory
Washington Post – John Wagner and Anne Gearan | Published: 2/9/2016
U.S. Sen. Bernie Sanders notched his first win of the 2016 presidential race, defeating Hillary Clinton in the New Hampshire Democratic primary by a large margin. The win for Sanders amounted to a forceful rejection of Hillary Clinton, who has a deep history with New Hampshire voters and offered policy ideas that seemed to reflect the politics of the state. But Sanders, who has proposed an emphatically liberal agenda, drew support from a wide cross-section of voters, even edging her out among women, boosted by his appeal among the young. The outcome provides a fresh burst of momentum for Sanders in a race that will soon broaden to more challenging terrain and that is widely expected to grow more combative as Clinton tries to regain her footing.
New Hampshire – Trump Notches an Easy Victory in New Hampshire’s Republican Primary
Washington Post – Philip Rucker and Robert Costa | Published: 2/10/2016
Donald Trump won the New Hampshire Republican presidential primary by a decisive margin, claiming his first victory of the 2016 campaign and leaving the rest of the GOP field as murky as ever. Trump, whose blunt language and outsider image have electrified many Republicans, benefited from an unusually large field of candidates that split the vote among traditional politicians like Ohio Gov. John Kasich, who finished second, and Jeb Bush. Trump also galvanized voters with a visceral fixation on immigration and economic populism, affirming that even after the setback in the Iowa caucuses, his candidacy has genuine appeal with the GOP base as well as with the independent voters who were part of his winning coalition.
New York – Ethics Watchdog Clarifies Expanded Lobbying Definition
Albany Business Review – Marie French | Published: 2/5/2016
The New York Joint Commission on Public Ethics released answers to a list of frequently asked questions concerning a recent advisory opinion requiring the disclosure of more activities by political consultants that could be considered lobbying. Public relations firms are concerned about wording that could pull in activity ranging from talking with editorial boards to training sessions on how to advocate. Some have publicly declared they will not comply and questioned the rules’ clarity.
Ohio – Cleveland Council Approves Higher Caps on Campaign Donations
Cleveland Plain Dealer – Leila Atassi | Published: 2/8/2016
The Cleveland City Council voted to raise campaign contribution limits in mayoral races to $5,000 from an individual and $7,500 from PACs. Donations to council candidates will be capped at $1,500, with PACs donating up to $3,000. Council President Kevin Kelley, who sponsored the ordinance, has argued that increasing the limits could help newcomers run more robust campaigns against incumbents. But several council members said the legislation does nothing but widen the gap between incumbents and new candidates, setting up well-entrenched politicians to collect almost ten times more from their wealthiest donors.
Texas – FBI Arrests Nearly All The Top Officials of Crystal City, Tex.
Washington Post – Sarah Kaplan | Published: 2/8/2016
Federal agents arrested five current and former Crystal City officials – the mayor, city manager, mayor pro tempore, one of three current council members and a former councilperson – on bribery and kickback charges after a long-running public corruption probe in the low-income South Texas city. Long-suffering residents last year tried to recall three of those charged. How the city will function with only one city council member, Joel Barajas, not under federal indictment remains to be seen. The fifth council member, Marco Rodriguez, was charged recently with human smuggling in an unrelated case.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
February 10, 2016 •
Cleveland City Council Raises Campaign Contribution Limits for Local Candidates
Cleveland City Council voted Monday, February 8, to increase campaign contribution limits for mayoral and council candidates. After much debate, the Finance Committee agreed on a $5,000 annual limit from individuals and a $7,500 annual limit from political action committees […]
Cleveland City Council voted Monday, February 8, to increase campaign contribution limits for mayoral and council candidates.
After much debate, the Finance Committee agreed on a $5,000 annual limit from individuals and a $7,500 annual limit from political action committees giving to mayoral candidates. Individual contributions to council candidates were capped at $1,500 annually, with PAC contributions limited to $3,000.
The ordinance passed with three council members voting against it.
Photo of the Cleveland skyline by Eric Drost in Wikimedia Commons.
February 10, 2016 •
Federal Lobbyist Bundling Disclosure Threshold for Lobbyists Unchanged for 2016
Today, the Federal Election Commission (FEC) published its price index adjustments for expenditure limitations and lobbyist bundling disclosure threshold in the Federal Register. The lobbyist bundling disclosure threshold remains unchanged for 2016 and continues at the 2015 rate of $17,600. […]
Today, the Federal Election Commission (FEC) published its price index adjustments for expenditure limitations and lobbyist bundling disclosure threshold in the Federal Register. The lobbyist bundling disclosure threshold remains unchanged for 2016 and continues at the 2015 rate of $17,600. 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 2016.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.