The General Assembly adjourned late Monday, April 13, 2015, after a lengthy debate regarding the state’s fiscal plan.

Last week Gov. Larry Hogan issued an executive order to extend the session if lawmakers failed to pass a budget, but the budget plan opposed by Hogan cleared the House and Senate on party-line votes, with Democrats in favor and Republicans against.

Several states have introduced legislation changing their primary election dates to early March in preparation for the 2016 presidential election. Michigan has already enacted such legislation with the passage of Senate Bill 44 and Senate Bill 45. Both senate bills change the presidential primary election to the second Tuesday in March. The bills take effect in time for the 2016 presidential primary election. In Minnesota, Senate File 1205, currently in committee, proposes to change the presidential primary election to the last Tuesday in March. If passed, this bill will also take effect in time for the 2016 election. A pair of companion bills have been introduced in the Washington State Legislature. House Bill 2139 and Senate Bill 5978 each propose to change the date of the presidential primary election to the second Tuesday in March. Senate Bill 5978, introduced at the request of Secretary of State Kim Wyman, passed the Senate on March 3, 2015, and was referred to the House Committee on State Government where a hearing on the bill was held on March 12. In New Mexico, House Bill 346 proposes to change the state’s primary date to the third Tuesday in March.  If passed, this bill will take effect July 1, 2015, again in time for the 2016 presidential election.

In what is being dubbed the “SEC” presidential primary, many Southern states are also considering legislation to change their primary election dates. Georgia Secretary of State Brian Kemp is leading an effort to do so, and urging his counterparts in Mississippi, Tennessee, Arkansas, and Alabama to adopt similar measures. Kemp’s proposal is a regional primary election scheduled for the first Tuesday in March. In Mississippi, companion bills adopt Kemp’s proposal, amending the state’s primary election date to the first Tuesday in March. Senate Bill 2531 passed the Senate and reported favorably from the House Apportionment and Elections Committee; House Bill 933 passed the House and eventually died in the Senate.

Other states considering similar legislation include Oklahoma (Senate Bill 233), Idaho (Senate Bill 1066), Florida (House Bill 7035), and Vermont (Senate Bill 76).

Q. Our organization is under the impression that we don’t have to register as lobbyists at the federal level if we keep our lobbying activity isolated to our internal employees.  I don’t think this is accurate.  Can you let me know the registration requirement for federal lobbying?

A. You are correct to be skeptical of this viewpoint.  Keeping lobbying activity isolated to in-house personnel does not impact the need to register.  Registration at the federal level is based on three criteria.  All three must be met in order to warrant registration, or, stated differently, registration is required when all three criteria are met.  The criteria are:

1. An organization spends or is expected to spend at least $12,500 on lobbying activity during a quarterly period;
2. An organization has at least one employee who spends 20 percent of his or her time engaged in lobbying activity; and
3. That same 20 percent employee makes more than one lobbying contact.

When considering whether the monetary threshold has been met, all expenses must be considered, including, compensation and reimbursed expenses associated with lobbying activities of all employees, overhead, payments to outside lobbyists, and the portion of any dues paid to outside membership organizations that are allocated toward lobbying.  Likewise, when determining whether an individual employee meets the 20 percent standard, all time engaged in any activity that is intended to support lobbying contacts must be considered including background and preparatory work, research, strategy sessions and conversations.

Once your organization meets all three thresholds, registration with the House and Senate is required within 45 days.  As a federal registrant, quarterly activity reporting is required as well as semiannual contribution reporting.

 

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.

The Idaho Legislature adjourned sine die early Saturday, April 11, 2015.

The 90-day session concluded after both houses reached a compromise on a major transportation funding bill.

The bill approved $94.1 million for road and bridge repairs, failing to erase a $262 million shortfall in annual road maintenance.

Photo of the Idaho State Capitol Rotunda by Kencf0618 on Wikimedia Commons.

Last month at the Public Affairs Council PAC Conference someone came up to me and was surprised our website could be viewed on an iPhone. Well, I guess we have not done a good job of getting the good word out.

In 2013, we updated our website and one of the fabulous benefits is the ability to view it on all devices…As pictured, I have it on my iPhone 6, iPhone 6+, iPad, and my new Surface. My Executive Director Ren Koozer has it on his Droid phone. You can bring it up everywhere you can bring up other websites.

There is nothing better than being able to answer someone’s questions wherever I am in the world … and I get a lot of questions everywhere. Now you do not need to know where I am as long as you have access to www.stateandfed.com and a subscription to our online guides on lobbying, campaign finance, and procurement.

We will continue to shout this from the rooftops because we know we have the #1 site to access the information you need to know for your government relations or procurement lobbying work.

You just cannot buy it at the iTunes store…But, you can contact us from your smart phone, and we can help set up your subscription. Well, I think I just gave you something other than Words with Friends to do on your phone!!

Until next month, stay connected with State and Federal Communications. We will always have the information you need, wherever you may be.

Thank you,

Elizabeth Z. Bartz
President and CEO
@elizabethbartz

While seeking $72,000 in fines and restitution from a former candidate for lieutenant governor for campaign finance violations, Attorney General Bill Sorrell is coming under fire for his own recent filings. A new report claims Sorrell failed to adequately report thousands of dollars of reimbursements he received from his campaign.

The newspaper Seven Days has pointed to 16 occasions in the last four years where it believes the campaign provided only a vague explanation of what Sorrell purchased and never disclosed who was paid.

Sorrell stated he has always tried to meet his disclosure obligations and he welcomes any input from the Secretary of State’s Office.

Gov. Peter Shumlin, when asked about the situation, said he does not plan to appoint an independent prosecutor to investigate.

Photo of Attorney General Bill Sorrell courtesy of the website for the Office of the Vermont Attorney General.

Grand Fork Democrats in District 43 have filed a complaint with the Federal Election Commission (FEC) against state Republican officials and a political action committee (PAC) for receiving foreign campaign contributions. Gov. Jack Dalrymple, state Sen. Lonnie Laffen, and the ND Oil PAC each reported receiving contributions from individuals with Canadian and/or United Kingdom addresses.

The complaint cites federal law and regulations prohibiting contributions from foreign nationals in federal, state, or local elections. North Dakota Secretary of State Al Jaeger has said he believes federal laws under the FEC apply to federal candidates, but do not apply to in-state, nonfederal candidates.

Democratic leaders also filed a request for an attorney general’s opinion on the interplay between federal and state law regarding foreign campaign contributions.

National:

This Conservative Group is Tired of Being Accused of Climate Denial – and Is Fighting Back
Washington Post – Tom Hamburger, Joby Warrick, and Chris Mooney | Published: 4/5/2015

The American Legislative Exchange Council (ALEC), the conservative partnership of state lawmakers and corporations, is threatening defamation lawsuits against activists who say or suggest the group denies global warming. ALEC recently sent letters to Common Cause and the League of Conservation Voters, asking them to “cease making false statements” and “remove all false or misleading material.” Both organizations have said ALEC, through the policies it lobbies for in states, denies the scientific consensus that humans are significantly changing the climate. They said they would not follow ALEC’s demands. ALEC, among other policies, encourages states to fight regulations and laws meant to combat climate change, like the Environmental Protection Agency’s carbon rules for power.

Federal:

Comcast Recruits Its Beneficiaries to Lobby for Time Warner Deal
New York Times – Eric Lipton | Published: 4/5/2015

Comcast, the media conglomerate long known for its aggressive lobbying operation, has enlisted a vast network of allies to press federal regulators to approve its proposed $45 billion takeover of Time Warner Cable. Letters to Congress supporting the transaction and praising Comcast have come from the Houston Area Urban League and the Dan Marino Foundation in Florida, among others. The argument for the merger has been reinforced by academic papers from groups like the International Center for Law and Economics. More endorsements have come in from elected officials like Mississippi Gov. Phil Bryant. But there is a common element to dozens of these appeals: the senders received money from Comcast in recent years, either as a charitable donation, corporate support, or a political contribution.

K St. Firms on Edge about Hacking Threat
The Hill – Elise Viebeck | Published: 4/8/2015

Fearing a data breach, public policy shops on K Street are scrambling to lock down their networks against intrusions by hackers, cyber criminals, and foreign governments. Some firms have begun to encrypt their emails and undergo annual security audits in hopes of avoiding an attack that could tarnish their reputations and send clients fleeing to competitors. The pursuit of better data security is intensifying at a time when Chinese and Russian hackers are targeting Washington with increasingly sophisticated online attacks. Law, lobby, and consulting firms are often privy to sensitive information from their corporate clients, making them appealing targets. But while some firms are focused on strengthening their cyber defenses, experts say progress across the industry is uneven.

Menendez Indictment Marks First Big Corruption Case Involving a Super PAC
Washington Post – Matea Gold | Published: 4/2/2015

The case against U.S. Sen. Robert Menendez is the first time that super PAC donations have figured prominently as evidence of a political corruption scheme, renewing questions about how independently such groups operate. The indictment. The indictment against Menendez and Dr. Salomon Melgen hinges in part on $600,000 that Melgen gave to the Senate Majority PAC, a Democratic super PAC, earmarked to support Menendez’s 2012 re-election bid. The Justice Department argues the donations were among the things of value Melgen offered Menendez so the senator would use his position to help Melgen’s businesses. The case illustrates how super PACs, which can accept unlimited contributions and are supposed to be walled-off from the candidates they support, are viewed by donors as vehicles to ingratiate themselves with politicians.

Network of ‘Super PACs’ Says That It Has Raised $31 Million for Ted Cruz Bid
New York Times – Nicholas Confessore | Published: 4/8/2015

A set of newly formed super PACs backing U.S. Sen. Ted Cruz for president expects to collect more than $31 million in contributions in one week. Although super-PACs have radically changed the pace at which committees backing presidential candidates can raise money, the Cruz haul is remarkable. There are no known cases in which an operation backing a White House hopeful has collected this much money in such a short period of time.

From the States and Municipalities:

California – California Lawmakers’ Campaign Debt Piled High in 2014
Sacramento Bee – Jim Miller | Published: 4/7/2015

Many California lawmakers and unsuccessful candidates continue to live with reminders of costly campaigns. Lawmakers reported about $3.7 million in unpaid bills and personal loans from last November’s elections. Debt retirement fundraisers around the Capitol have been common in recent weeks. Yet such fundraising has long troubled campaign finance watchers. “When you’re raising the money for yourself, it’s going into your own pocket – you’re more grateful to the donor,” said Robert Stern, the former top attorney at the Fair Political Practices Commission who helped write the Political Reform Act.

Florida – When Leaders Became Lobbyists
InsuranceNewsNet.org – Jason Garcia | Published: 4/5/2015

Since 2006, more than two dozen former lawmakers in Florida have made the jump to lobbying, about one of every eight who have left the Legislature over the last five election cycles. The list includes two former House Speakers (Dean Cannon and Larry Cretul) and two former Senate presidents (Mike Haridopolos and Ken Pruitt). In some respects, the transition into lobbying is a logical extension of the skills that legislators need to advance into leadership positions in the first place. Once in a top spot, legislative leaders must be able to understand and work on a broad range of public policy issues and cultivate, maintain, and balance relationships with all manner of businesses and advocacy groups.

Illinois – Chicago Waiting to See if Runoff Truly Has Humbled Rahm Emanuel
New York Times – Monica Davey | Published: 4/8/2015

Mayor Rahm Emanuel defeated challenger Jesus Garcia on April 7, capturing a second term in Chicago’s first-ever runoff election. Yet the fallout for Emanuel from the past six weeks, a period of frenetic campaigning and humbling public self-examination, will be lasting. A tangible bloc of dissent has loudly made its case in a city where Emanuel and the mayors before him had often governed with little effective opposition and most council members in lock step. Even given a decisive margin of victory, the episode has raised a sense of vulnerability around Emmanuel’s political career, and an expectation from some here that his second term in City Hall may look different, in style and perhaps substance, from the first.

Missouri – Missouri House Passes Lobbyist Gift Cap, Cooling Off Period
Kansas City Star – Jason Hancock | Published: 4/2/2015

The Missouri House passed legislation that would cap lobbyist gifts at $25 and ban lawmakers from becoming lobbyists for at least one year after leaving office. Those two provisions differ from the version passed by the state Senate earlier this year, meaning differences have to be worked out before it could be sent to the governor. Missouri is currently the only state with the no caps on lobbyist gifts, no limits on campaign contributions, and no “cooling-off” period for lawmakers.

Missouri – Suicides by Missouri Politicians Raise Questions about State Ethics
KSMU – Frank Morris | Published: 4/9/2015

In February, state Auditor Tom Schweich, a leading candidate for the Republican Party’s nomination for governor, shot himself. Then in March, his press secretary, Spence Jackson, took his own life. The tragedies have sparked fresh scrutiny of Missouri’s increasingly bruising political system. Friends said Schweich was distraught over a coordinated assault from Republicans colleagues backing his chief primary opponent. With voting still more than a year away, they had already launched an attack ad, in the style of the Netflix series House of Cards. Former U.S. Sen. Jack Danforth said Missouri politics has devolved into an arena where ruthless operatives, financed by a wealthy few, battle for power.

New Jersey – Indictments May Be Near in George Washington Bridge Scandal
New York Times – Kate Zernike | Published: 4/8/2015

The New York Times reported that indictments may be coming soon in the investigation into improper lane closures at the George Washington Bridge that has also led to questions about conflicts-of-interest possibly involving Gov. Chris Christie and the Port Authority of New York and New Jersey. The probe was launched a few months after three lanes were closed to the bridge in 2013, causing gridlock in Fort Lee. Emails revealed the lanes were shut down on the orders of a Christie aide. Some believe the lane closures were retribution for the failure of Fort Lee Mayor Mark Sokolich to endorse Christie’s bid for re-election. The Times reported federal prosecutors may bring indictments under a statute that makes it a crime to use the bridge for something other than it intended purpose.

New York – Cuomo Expands Lobbying Oversight to Localities
Capital New York – Jimmy Vielkind | Published: 4/3/2015

The new ethics laws approved in New York as part of the budget deal greatly expand state oversight of municipal lobbying. New York’s lobbying law requires anyone who spends more than $5,000 in an attempt to influence any local law or ordinance, or any pending procurement action, to register its activities with the Joint Commission on Public Ethics. The law had applied to government entities with more than 50,000 people; that threshold was decreased to 5,000 people and was expanded to include school districts of any size. Experts said the onus of disclosure is on the person or company doing the lobbying.

Utah – Tribe’s Infighting Offers Glimpse into Redskins Foundation’s Tactics
Washington Post – John Woodrow Cox | Published: 4/2/2015

A Utah tribal leader was ousted from office for accepting gifts from the Washington Redskins, which council members say wrongly linked their tribe to the National Football League team’s divisive name. Members of the council of the Paiute Indian Tribe said they voted unanimously to remove Chairperson Gari Lafferty, who was accused of misconduct and ethical violations for taking an autographed football and a trip to Washington to attend a game last year. Lafferty said the tribe does not have an official position on the name, but she does not have a personal problem with it. She said the allegations are more related to her leadership style.

Virginia – Norment Won’t Discuss Lobbyist Relationship
The Daily Press – Travis Fain | Published: 4/6/2015

Virginia Senate Majority Leader Tommy Norment acknowledged seeing a lobbyist “personally” in a response to a state bar complaint lodged against him. A pair of Senate Republicans said they have no reason to believe Norment pushed legislation one way or another based on a relationship with a lobbyist. Nothing in Senate rules forbids a physical relationship with a lobbyist; neither do state ethics rules. Adultery, though, is a misdemeanor under Virginia law. During his career, Sen. John Watkins said he has heard of “maybe a dozen” relationships between legislators and lobbyists, staffers, or state agency officials. “From time to time, yeah, it happens – we’re all human beings,” said Watkins.

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.

On April 7, Rhode Island Gov. Gina M. Raimondo appointed Marisa Quinn to the Rhode Island Ethics Commission. Quinn is the director of communications and outreach at the Watson Institute of International Studies at Brown University. According to the Providence Journal, Quinn will serve the remainder of an unexpired term left vacant by Sister Deborah Cerullo.

According to golocalprov.com, Raimondo said, “Marisa has a proven experience fostering clear communication, accountability, and innovation, and will be an excellent addition to the commission.”

Editors don’t have glamorous jobs. After all, how glamorous can you be with your fingers stained red by ink? But despite the lack of glitz, I am one of many editors lucky enough to work for a company that recognizes the important role I play in the organization.

Editors are vital to every company because we can be the last line of defense between an organization looking professional or becoming a late night joke. We work hard to make sure our company and colleagues look their best; thus, we continue to develop our skills and talents.

With these goals in mind, four of us attended the 19^th annual American Copy Editors Society conference at the end of March. We went to learn new tricks, brush up our skills, and discover new ways to help our company stay (grammar) compliant.

It was three days packed with grammar reviews, hints and tips on editing, and the ever important AP Style updated. It was also three days of meeting editors and talking shop between sessions. No one gets into a discussion about using a singular “they” and enjoys it as much as editors.

It was Comma-Con, as Katie Antonsson described in her ACES blog post. Pittsburgh was THE place to be for all those who love words and for whom editing is a calling, not just a job.

But, the fun hasn’t ended just because we are now back in Akron. Now we get to implement the ideas and techniques we learned about. I get to dig back into my stack of editing with renewed vigor. And I get to revel in a little bit of notoriety in the office as one of the copy editors featured in a little BuzzFeed piece called “30 Copy Editors Tell Us Their Pet Peeves.”

Gov. Susana Martinez has signed House Bill 155 to require increased lobbyist registration fees and additional public access to lobbyist information. Amendments to the bill stripped out provisions requiring issue disclosure and lobbyist employer reporting.

Effective June 19, 2015, lobbyist registration fees will double to $50 per client and the Secretary of State’s Office website will be required to provide public access to lobbyist registrations and reports.

Martinez has until April 10 to act on legislation.

Gov. Larry Hogan issued an executive order to extend the legislative session beyond the expected adjournment date of April 13, 2015. Executive Order 01.01.2015.15 will extend the General Assembly session for no longer than 10 days to provide additional time for legislators to pass a budget.

During the 10-day extension, the budget bill is the only piece of legislation able to be debated among the General Assembly.

The state constitution provides for the governor to take such action when the budget bill has not been passed by the 83rd day of the regular legislative session.

Chief Electoral Officer Glen Resler confirms writs were delivered today to administer elections across Alberta. Although Alberta has a fixed election set for spring 2016, Lt. Gov. Donald Ethell agreed to dissolve the Legislative Assembly at the premier’s request.

Candidate nominations for the 29th provincial general election begin today and end at 2:00 p.m. on Friday, April 17. Polling day is scheduled for Tuesday, May 5, 2015.

The 2011 Election Amendment Act requires elections to be held in the fourth calendar year after the preceding election. However, this law does not affect the powers of the lieutenant governor to dissolve the Legislature before the four years has expired.

Lawmakers have passed a bill requiring a special election to fill a U.S. Senate vacancy. House Bill 1181 requires the governor to call a special election within 95 days of a Senate seat vacancy, unless the vacancy occurs within 95 days of the end of the Senate term, in which case the seat will be filled at the next regular election.

Democrats believe the bill is an attempt to discourage U.S. Senator Heidi Heitkamp from running for governor in 2016 since she would not be able to appoint her replacement.

The bill now goes to Gov. Jack Dalrymple for his signature.