Readers of Compliance NOW know how important professional development is to me. Everyone at State and Federal Communications knows from Day #1 they need to take advantage of the opportunities we provide for such development and are encouraged to also find other programs. We have all learned a lot from a popular seminar on grammar and many of us have attended the Disney Institute on working with our customers.

There are two Public Affairs Council programs in February 2015 you should consider attending.

National Grassroots Conference from February 3rd through 6th is the largest and really the most comprehensive conference of its kind. The speakers are corporate and association government affairs professionals who implement grassroots programs. You will learn strategies to improve your communications and increase your success.

National PAC Conference—or as we refer to it PAC PAC—from February 23rd to February 26th is definitely the leading program for a PAC professional. It combines the important skills training you need for the important elections facing our country.

There is one other plus to attending these conferences—you know, other than all the information you will learn and bring back to your organization—is they are both in Florida at a time when we could use a double dose of Vitamin D. The National Grassroots Conference is in Key West and the PAC PAC Conference is in Orlando at Universal’s Portofino Bay property. If this brings up questions, remind everyone the days start early in Florida and networking goes on through the evenings.

State and Federal Communications will be in attendance at both conferences—as we have been for years—and look forward to seeing you there. If you do have questions about either of these programs, please do not hesitate to give me a call. I would be happy to provide additional information.

Until next month, think about how you can sharpen your skills for the upcoming active legislative and election year.

Thank you,

Elizabeth Z. Bartz
President and CEO
@elizabethbartz

The state’s Supreme Court has issued a stay allowing voters to choose a House District 114 candidate on November 4, as originally planned. The ruling suspends the recent decision by the State Election Commission to postpone the election for former House Speaker Bobby Harrell’s seat until December.

Although the vote will take place, there is still a possibility the results will not count. The court may rule on the underlying case by deciding to allow the results of Tuesday’s election or to throw out those results and side with the commission’s special election plan.

Independent candidate Tom Ervin suspended his campaign for governor this week and endorsed Democratic Sen. Vincent Sheheen. Ervin, a self-funded attorney and former judge, had the support of just 3.9 percent of likely voters, according to an October 1 Winthrop poll.

The poll also indicated Gov. Nikki Haley led Sheheen by a 43.6 percent to 33.6 percent margin. Haley, the state’s first female and Indian-American governor, beat Sheheen in 2010 with 51.4 percent of votes.

National:

In Democratic Election Ads in South, a Focus on Racial Scars

New York Times – Jeremy Peters | Published: 10/29/2014

Democrats in the closest U.S. Senate races across the South are turning to racially charged messages jolt African-Americans into voting and stop a Republican takeover in Washington. The images and words they are using are striking for how overtly they play on fears of intimidation and repression. And their source is surprising. The effort is being led by national Democrats and their state party organizations – not, in most instances, by the shadowy and often untraceable PACs that typically employ such provocative messages.

Lobbyists, Bearing Gifts, Pursue Attorneys General

New York Times – Eric Lipton | Published: 10/28/2014

State attorneys general are now the object of aggressive pursuit by lobbyists and lawyers who use campaign contributions, personal appeals at lavish corporate-sponsored conferences, and other means to push them to drop investigations, change policies, negotiate favorable settlements, or pressure federal regulators, found an investigation by The New York Times. A robust industry of lobbyists and lawyers has blossomed as attorneys general have joined to conduct multistate investigations and pushed into areas as diverse as securities fraud and Internet crimes. But unlike the lobbying rules covering other elected officials, there are few “revolving-door” restrictions or disclosure requirements governing state attorneys general.

Federal:

FEC Deadlock Keeps Internet Free from Broadcast Campaign Ad Regulations

Washington Times – Stephan Dineen | Published: 10/26/2014

Democrats on the FEC want to extend the agency’s reach to online political ads, a change in policy that critics fear could lead to tough new limits on speech. The FEC deadlocked on whether to investigate Checks and Balances for Economic Growth, a group that ran a pair of online advertisements attacking President Barack Obama and U.S. Sen. Sherrod Brown. While the organization may have spent close to a million dollars on the ads, it did not file any disclosure reports with the FEC, as it would have if the ads were run on television or radio. The carve-out for online-only communications has existed for more than eight years, but FEC Vice Chairperson Ann Ravel said the rules have not kept pace with the changing times.

From the States and Municipalities:

Arizona – Lobbyists Aid Campaigns of Doug Ducey, Fred DuVal

Arizona Republic – Yvonne Wingett Sanchez and Rob O’Dell | Published: 10/26/2014

Arizona gubernatorial candidates Fred DuVal and Doug Ducey have each relied heavily on the state’s lobbying corps for advice and to finance their campaigns. Combined, the candidates have collected at least $435,000 from donors who have registered as lobbyists and many of whom hope to have access to the next governor and his administration. “Lobbyists are premier players on both sides, and these lobbyists represent big interests that have large stakes in the outcome of the election; they do what comes naturally – they try to influence the results,” said Larry Sabato, director of the University of Virginia’s Center for Politics.

District of Columbia – Ethics Reforms Shepherded by Bowser Look Better in Hindsight, Some Say

Washington Post – Mike DeBonis | Published: 10/28/2014

When the District of Columbia Council passed an ethics reform bill more than two years ago, Councilperson Tommy Wells said the bill’s lack of teeth was “embarrassing.” Now, Wells supports the legislation, which was shepherded through the council by Muriel Bowser, who is running for mayor. It is an indication of how Bowser’s much-criticized ethics package looks considerably better in hindsight. Observers say they have seen a marked improvement in the city government’s handling of ethics matters, even if there is more room for improvement.

Georgia – Five Questions the Georgia State Ethics Investigation of Governor Nathan Deal’s 2010 Campaign Never Answered

Atlanta Magazine – Jim Walls | Published: 10/23/2014

During this year’s election season, questions about ethics allegations filed against Georgia Gov. Nathan Deal four years ago have grown stronger. His opponent, Jason Carter, returns to them almost daily. Technically speaking, all the complaints against Deal were resolved in 2012, when he paid $3,350 in administrative fees for filing defective campaign and personal finance disclosures. But a review of the state ethics commission’s files shows the investigation leading to that settlement was never really completed. Commission staffers abandoned inquiries into tens of thousands of dollars spent on air travel and credit card charges, and questioned no one but lawyers for the campaign accused of wrongdoing.

Kentucky – State Rep. Keith Hall Indicted on Bribery Charge

Lexington Herald-Leader – John Cheves | Published: 10/23/2014

A federal grand jury indicted Kentucky Rep. Keith Hall on bribery charges, alleging he paid a state inspector more than $46,000 to ignore environmental violations at his Pike County coal mines. The indictment also charged the inspector, Kelly Shortridge, who resigned in February from his job in the Kentucky Division of Mine Reclamation and Enforcement. The indictment alleges Hall paid bribes to Shortridge as bogus consulting fees, most of them from a company owned by Hall through a shell corporation.

New York – Mayor’s Old Pal Wins New Biz as Lobbyist

Crain’s New York Business – Chris Bragg | Published: 10/26/2014

Soon after vetting administration hires as a member of New York City Mayor Bill de Blasio’s transition team, Harold Ickes opened a New York branch of his K Street lobbying firm, the Ickes & Enright Group. He and his employees have since lobbied a dozen de Blasio administration officials for a rapidly growing number of clients. In recent months, the Ickes & Enright Group has signed a number of clients seeking to influence local government. At the same time, Ickes remains a key de Blasio political adviser.

Ohio – State Rep. Mallory Pleads Guilty to Improperly Accepting, Disclosing Gifts from Lobbyists

Columbus Dispatch – Jim Siegel | Published: 10/29/2014

Ohio Rep. Dale Mallory pleaded guilty to two misdemeanor ethics law violations related to taking Cincinnati Bengals tickets from lobbyists then failing to properly report them on required disclosure forms. The Joint Legislative Ethics Committee referred Mallory for prosecution after finding he improperly accepted tickets from payday lending industry lobbyists in 2009 and 2013 that exceeded the $75 gift limit. Lawmakers also must disclose any gift valued at over $25. A pair of lobbyists connected to the matter have already pleaded guilty to misdemeanor charges.

Oklahoma – Rule Change Will Allow Lobbyists to Spend More on Oklahoma Lawmakers

The Oklahoman – Rick Green | Published: 10/27/2014

Current rules limit to $100 the amount a lobbyist can spend on an Oklahoma lawmaker, but that amount can be multiplied by the number of clients the lobbyist represents. Under new rules that take effect next year, lobbyists will be limited to spending $500 on a particular lawmaker, no matter how many clients they represent. The net effect will be that some lobbyists, particularly those with fewer clients, could see an increase in the amount of money they can spend per legislator, and some, particularly those with numerous clients, could see a decrease.

Pennsylvania – Pa. Lobbyist Fees Increased to Pay for Public Disclosure Database

Harrisburg Patriot-News – Christian Alexandersen | Published: 10/23/2014

The Independent Regulatory Review Committee voted to increase Pennsylvania’s lobbyist registration fee from $200 to $300. The increase will go to offset the cost of maintaining the department of state’s online disclosure database. The state attorney general’s office must review the committee’s decision in the next 30 days before the fee increase can be implemented for the 2015-2016 legislative session. The attorney general is expected to approve the increase.

Pennsylvania – Pennsylvania Justice in Porn Email Scandal Retires

Greenfield Reporter – Mark Scolforo and Marc Levy (Associated Press) | Published: 10/27/2014

Pennsylvania Supreme Court Justice Seamus McCaffery, embroiled in an email pornography scandal and accused of other workplace misconduct, retired days after he was suspended from his job. McCaffery, who served for nearly seven years, was named in a review by the court’s chief justice as exchanging hundreds of pornographic emails with lawyers in the Pennsylvania attorney general’s office. McCaffery also was accused of authorizing hundreds of thousands of dollars in referral payments by personal injury law firms to his wife, helping fix a traffic ticket she received, and improperly attempting to influence the assignment of judges in the Philadelphia Court of Common Pleas.

South Carolina – Bobby Harrell: A quick rise to power, and a quicker fall

Charleston Post & Courier – Jeremy Borden and Schuyler Knopf | Published: 10/24/2014

When Bobby Harrell first entered the South Carolina Legislature in 1993, he quickly proved adept at moving up the ranks. When he became House speaker in 2005, some members expected the gregarious leader with an open-door policy would usher in a new era of inclusion. Harrell’s charm remained as strong as ever, but he did not shy away from flexing the considerable power of the speaker’s office when he felt he needed to. Harrell’s resignation due to ethics violations has generated sympathy in Columbia, but observers also see a cautionary tale. His critics have said Harrell had begun to feel “bulletproof,” becoming more focused on the trappings of his leadership position than legislative agendas and policy.

Texas – Ethics Commission Approves Dark Money Regulation

Austin American-Statesman – David Saleh Rauf (San Antonio Express-News) | Published: 10/29/2014

The Texas Ethics Commission approved a new rule that requires so-called dark money groups to reveal their donors. At the heart of the commission’s regulation is an attempt to determine when a nonprofit’s political activity crosses the line to qualify it as a bona fide PAC that is required under state law to disclose donors. Under the new rule, a nonprofit would have to start disclosing donors if 25 percent or more of its expenditures can be classified as politically motivated. It also would require disclosure if political contributions account for more than 25 percent of the group’s total donations in a calendar year.

Virginia – McAuliffe’s New Virginia Ethics Panel Meets for First Time

Washington Post – Laura Vozzella | Published: 10/27/2014

Virginia Gov. Terry McAuliffe’s ethics reform commission is poised to recommend a tightening of gift and travel rules for state leaders, but consensus proved more difficult on other points during the panel’s first meeting. The Commission on Integrity and Public Confidence in State Government plans to have recommendations ready by December 1. It will be up to the General Assembly to write the actual rules. The commission also decided to move redistricting reform to the front burner after a federal judicial panel ruled the state’s Third Congressional District lines are unconstitutional.

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.

The Mississippi Supreme Court has sided with Sen. Thad Cochran, ending a protracted legal battle over the results of the Republican primary runoff election. Chris McDaniel challenged Cochran’s victory in a lawsuit filed in August, claiming Democratic voters illegally participated in the Republican primary.

The court dismissed the suit because it was past the 20 day deadline imposed by common law to challenge an election result. Though the state election laws have changed since the case creating the deadline, the McDaniel campaign argued no such requirement was ever codified.

The state Supreme Court was not persuaded and concurred with the lower court’s dismissal.

Seal of the Judiciary of Mississippi by Connormah on Wikimedia Commons.

The inaugural meeting of the Commission to Ensure Integrity and Public Confidence in State Government was held this week in Richmond. Gov. Terry McAuliffe assembled the commission amid recent political scandals involving state government officials, including the conviction of former governor Bob McDonnell on corruption charges.

The commission will focus on issues involving gifts, conflicts of interest, disclosure, oversight and enforcement, and public service restrictions. Congressional redistricting may also be on the agenda.

The governor has requested a report from the commission by December 1.

Days after election officials announced no special election would be needed to replace former House Speaker Bobby Harrell in House District 114, the State Election Commission unanimously voted to hold the special election.

The commission reversed the earlier ruling after Harrell submitted a signed affidavit contending he resigned on the nonpolitical grounds of family crisis, including the loss of his job after pleading guilty to ethics violations.

State law allows a political party additional time to field a new candidate if the party’s candidate steps down for nonpolitical reasons. If Democrats do not prevail on appeal, the Republican primary would take place on November 25, followed by a special election on December 9. If a runoff is necessary after the primary, the runoff would be December 9, with the special election pushed back to a date to be determined by the commission.

State and Federal Communications is always a supporter of our Northeast Ohio treasure, WKSU.

This year we are proud to be a sponsor of WKSU’s coverage of Election 2014!

With each election, the company’s President and CEO Elizabeth Bartz encourages greater voter-turnout: “Exercise your right to vote! It is your personal opportunity to be heard!”

The WKSU Election 2014 page aptly says: “Even though 2014 is not a Presidential Election year, there are many important races throughout Northeast Ohio and across the state. The WKSU newsroom will offer in-depth coverage of the races and issues that affect the region.”

No special election will be held to replace former House Speaker Bobby Harrell in House District 114. Harrell, who recently pleaded guilty to ethics violations, will remain on the November 4 ballot, but will not be eligible to win the election.

The plea agreement requires Harrell to resign, not seek office for three years, and cooperate in other investigations. The race for House District 114 will be decided between Democrat Mary Tinkler and Green Party nominee Sue Edward.

Commissioner of Lobbying Karen Shepherd has drafted a revised Code of Conduct and invited written submissions on the proposed revisions. The changes focus on the relationship between lobbyists and public officials, while removing rules relating to the relationship between lobbyists and clients.

New rules would prohibit a lobbyist from lobbying a public official if the lobbyist has campaigned for or has business interests with the public official. New gift regulations would hold a lobbyist responsible for giving a gift the public official is not allowed to accept.

Once Shepherd finalizes the revisions, they will be referred to the House of Commons Standing Committee on Access to Information, Privacy, and Ethics, before being published in the Canada Gazette.

The Hawaii State Senate convened a special session on Wednesday, October 22, to consider judicial appointments to the Circuit Court of the First Circuit and to the District Court of the Third Circuit.

Private attorney Jeffrey Crabtree and Family Court Judge Christine Kuriyama were both confirmed for 10-year appointments on the Circuit Court. Margaret Masunaga, a former deputy attorney general and private attorney, was confirmed for a six-year County District Court term.

Following the confirmations the Senate adjourned sine die on Thursday, October 23.

Washington, D.C. voters will elect their attorney general for the first time on November 4, 2014. Up until this year, the attorney general has been appointed by the mayor.

In 2010, voters approved a charter amendment authorizing the first election of the city’s attorney general and setting a primary election for April 2014. In late 2013, the council passed a law delaying the election from 2014 to 2018, fearing the city lacked the necessary preparation.

Paul Zukerberg, a candidate for attorney general, challenged the 2013 law in court. In June 2014, the Court of Appeals ruled an election must be held in 2014 unless it would not be practically possible for the D.C. Board of Elections to do so.

Following a directive by the Court of Appeals to set a date for the election, the D.C. Superior Court decided the election will be held on November 4, 2014, the same day as the mayoral election.

Gov. Tom Corbett has signed a bill to curtail pay-to-play politics in state procurement contracts. House Bill 201 prohibits individuals who were employed by an offeror within the previous two years from participating in the evaluation of proposals.

The new law will prevent recently hired government workers from rewarding their former employers with large state contracts.

This provision will go into effect on December 20.