Mayor Rahm Emanuel is continuing to overhaul the city’s ethics code by introducing another ordinance based on his ethics task force’s recommendations. While this proposed ordinance deals mostly with governmental employees and elected officials, it would also bring some changes to lobbyist registration and reporting.

The ordinance, if approved, will change the definition of a lobbyist. Currently, volunteers, employees, officers, and directors of a not-for-profit entity are exempted from registering as a lobbyist. However, the proposed ordinance will eliminate that exemption and require those members of a not-for-profit entity who seek to influence legislative or administrative action to register as a lobbyist. The proposal does allow the ethics board to create objective criteria allowing for a reduction or a waiver of the registration fees for not-for-profits lobbyists.

Finally, under the proposal, lobbyists would be required to disclose the actual amount of compensation received from employers. Currently, the compensation needs only to be rounded to the nearest $1,000.

Photo of the Daley Plaza and Chicago City Hall by JeremyA on Wikipedia.

Following a volatile election season that saw spending in excess of $6 billion, the makeup of the federal government not only stayed the same, but leadership in both parties will also change very little. Republicans held elections to their leadership posts on Wednesday, and Democrats are slated to hold elections on November 29.

Democratic House Leadership:
While democrats gained seats in the house, those gains weren’t nearly enough to win back the majority and the biggest question for house leadership was whether Minority Leader Nancy Pelosi (CA) would stay on in that role in the 113th Congress. In a press conference held Wednesday morning, surrounded by a number of new and current representatives, Pelosi announced she would again run for the position she’s held since 2011. Pelosi is not expected face any serious challenge but made one stipulation to her decision; that Rep. Steve Israel (NY) stay on as the chairman of the Democratic Congressional Campaign Committee for the next election cycle.

With Pelosi’s decision, the rest of the leadership positions are expected to fall into place with Rep. Steny Hoyer (MD) to remain Minority WHIP and Rep. James Clyburn (S.C.) to stay on as assistant leader. The only expected change near the top of Democratic leadership is Rep. Xavier Becerra (CA) who announced he would run for the number four spot as the House Democratic Caucus Chair; a seat vacated by term limited Rep. John Larson (CT).

Republican House Leadership:
As expected, Speaker John Boehner (OH), Majority Leader Eric Cantor (VA) and Majority Whip Kevin McCarthy (CA) will stay in the top three leadership positions. The only new face to the top of Republican leadership is Rep. Cathy McMorris Rodgers (WA) who won election to the fourth leadership spot as chairwoman of the House GOP Conference, replacing outgoing chair Jeb Hensarling (TX).

McMorris Rodgers was silently backed by the Speaker and other House leaders, while former Vice Presidential candidate and House Budget Chairman, Paul Ryan publicly supported Rep Tom Price (GA). Additionally, Rep. Greg Walden (OR) will replace outgoing chairman Pete Sessions (TX) to head up the National Republican Campaign Committee where has served as Vice Chairman for the last two cycles.

Senate Leadership Changes:
Senate leadership saw even fewer changes as both Sens. Harry Reid (NV) and Dick Durbin (IL) will maintain the top two Democratic Leadership positions, and Sen. Mitch McConnell (KY) will stay on as Senate Minority Leader. With the retirement of Sen. Jon Kyl (AZ), the Republicans elected outgoing National Republican Senatorial Committee Chairman John Cornyn (TX) as the new Senate Minority Whip.

On the campaign side, The Democratic Senatorial Campaign Committee Chairmanship has been offered to Sen. Michael Bennet (CO). Bennet turned down the job in 2010, and has no hard deadline for making a decision this time around. The freshman Senator would be taking over for Sen. Patty Murray (WA).

Likewise, the NRSC has elected a new chairman. Sen. Jerry Moran (KS) will head the committee for the next election cycle, while Sen. Rob Portman (OH) and Sen.-elect Ted Cruz (TX) will serve as vice chairmen.

November 17-20, 2012   SGAC Leaders’ Policy Conference, Santa Monica, California

November 28-30, 2012    ALEC States and Nation Policy Summit, Washington, D.C.

December 2-5, 2012   COGEL Annual Conference 2012, Columbus, Ohio

December 3, 2012  Women in Government Relations PACs, Politics and Grassroots Taskforce Annual Conference, TBD

With election day less than a week away, the electoral college is still perhaps the most influential and simultaneously least understood aspect of American Presidential elections. After tens of millions of votes are cast, only 270 are required to be elected President of the United States. Established under Article II, Section 1 of the U.S. Constitution, the electoral college was later amended by both the twelfth and twentieth amendments to arrive at its current form. The idea is that states vote for the President and Vice President, and the people vote for the legislature. This method was essentially a compromise between those who wanted Congress to elect the President versus those who prefered a nationwide popular vote.

Each state is allotted a number of electors equal to the size of its congressional delegation. For example, Ohio’s 18 electoral votes equal it’s 16 members of the House of Representatives and two Senators. With a total of 538 electors (Washington D.C. is allotted three votes despite having no voting members in Congress) a majority of 270 is required to win election. Though the process varies, electors are generally selected by the political parties at statewide conventions or by each parties central committee’s. On election day, voters choose the electors by casting votes for one of the Presidential candidates on the ballot. With the exception of Maine and Nebraska, all of a state’s electors are awarded to the candidate who receives the most total votes. Maine and Nebraska award electors proportionally allowing these states to award votes to more than one candidate.

The electors meet to cast votes on the first Monday following the second Wednesday in December in their respective states, and send the certified results to Congress. Congress then counts the official tally in a joint session on January 6 following the year of the electors meeting. While there is no Constitutional provision or federal law that requires an elector to cast a ballot based on the popular vote of their respective states, most state and party laws require electors to adhere to popular vote pledges. Additionally, the Supreme Court has traditionally held that electors must vote consistent with the results in their states. In practice, electors generally do not go against the will of the electorate. According the National Archives, the official record keeper of Presidential elections, less than 1 percent of electoral voters have not voted in accordance with the popular vote historically.

Essentially what all of this means is that each candidate is focused on a small number of states that are likely to go either way instead of running nationwide campaigns trying to win the popular vote. Based on a number of recent maps drawn from incessant polling and statistical models, there are between 7 and 9 states still rated as toss-ups in the election (FL, CO, IA, NC, NH, NV, OH, VA, WI). Without the electoral votes offered by these states, President Obama currently has between 237 and 243 electoral votes (NV leans D in some projections) to Governor Mitt Romney’s 191 to 206 votes (NC leans R in some projections).

If there is any confusion as to which states each candidate deems vital to winning the election, look no further than each campaigns schedule over the next few days. Both President Obama and Governor Romney will present their closing arguments in each of the aforementioned swing states hoping to turn that last undecided voter before election day. And if you’re still curious, keep in mind that no republican has EVER won the Presidency without winning Ohio, so expect to see a lot of the Romney campaign in the buckeye state.

To learn more about the electoral college visit the National Archives and to build your own electoral map and lay the path to 270 for each candidate, visit 270towin.com.

Q. I am a registered lobbyist who was asked to make an in-kind contribution on behalf of my company for an event to be held by a state political party. Is this permissible?

A. As a registered lobbyist, your contributions may be governed by two sets of laws: campaign finance and lobbying.

First, you must determine whether the state would consider the in-kind payment to be a contribution or a lobbying expenditure.

If the in-kind payment is determined by the state’s governing body to be a contribution, then this contribution must be compliant with the campaign finance laws. You must first determine if the amount and source of funding are permissible. Assuming permissibility of the contribution, potential restrictions on contributions facilitated by lobbyists and the reportability of contributions facilitated by lobbyists will need to be reviewed. In some states, once the in-kind contribution is made, the lobbyist and the lobbyist’s principal may not have additional involvement with the planning of the event, but will be permitted to attend.

Where the state considers the in-kind payment to be a lobbying expenditure and not a political contribution, you must ensure that the expenditure will not exceed the state’s gift limit. The pro-rata share of the expenditure attributable to all public officials who attend the event may be reportable on a disclosure report.

While this analysis will vary from state to state, it is important to be cautious when making in-kind payments.

You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@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.

Mashable has a list of six apps, but I am featuring the three most interesting. One of them is NBC Politics, which is an app for the iPad and iPhone.  It provides up-to-date NBC election coverage and allows users to predict which candidate will win in each of the states.

Talking Points Memo’s PollTracker is an app for the iPhone. This app gives you the latest news on where the polls stand in both the congressional and presidential elections.

Washington Post Politics is an iPad-only app.  It has a map, which is different from the one on NBC Politics. Washington Post Politics shows the polling data of each state and the campaign ads running in the swing states.

The second site I am covering is Venture Beat and I’ll highlight two of the apps they list. Ad Hawk is an app for Android and iOS. It can listen to any political ad and give you the information behind the ads sponsors.  It’s pretty much Shazam for campaign ads.

YouTube Election Hub is not a mobile app but is a channel on YouTube that features content from the conventions, the debates, and election news.  It also gets its information from ABC News, The New York Times, The Wall Street Journal, and more.

Check out these sites for more political apps.

Have a great weekend and I’ll see you next time.

A federal court rejected an injunction trying to overturn Illinois’ political contribution law. Illinois Liberty PAC filed for the injunction contending the state law violated its First Amendment right to free speech. Illinois law limits the amount individuals, PACs, unions, and corporations may give to candidates each election. However, the law does not limit what political parties may contribute to a campaign.

Illinois Liberty PAC contended that if it was limited in what it could contribute, everybody should be limited. United State District Judge Gary Feinerman disagreed, holding that the injunction “would create a manifest possibility of actual or apparent corruption” and cause harm to the state’s citizens.

This ruling will not be the end of the case. Illinois Liberty PAC plans on filing an emergency motion with the appellate court in hopes of suspending the limits for the upcoming November election. Also, the courts will eventually have to rule on the constitutionality of Illinois’ contribution limits.

October 11, 2012   WASRG Summit, Washington, D.C.

November 17-20, 2012   SGAC Leaders’ Policy Conference, Santa Monica, California

November 28-30, 2012   ALEC States and Nation Policy Summit, Washington, D.C.

Q. I am interested in making contributions to state candidates in the upcoming elections. Does the fact that I’m a registered lobbyist affect my ability to contribute?

A. In certain states, being a registered lobbyist does impact your ability to give to a political candidate, ranging from a total ban on political activity, to simply having to report the contributions on your periodic reports.

In Arizona, Colorado, Iowa, Kansas, New Mexico, and Oklahoma, lobbyists may not make contributions to lawmakers while the state legislature is in session. Fortunately, in the context of the upcoming elections, most states have adjourned sine die. In California, a lobbyist may not make a contribution to a candidate for any office for which the person is registered to lobby. Because most lobbyists are registered to communicate with the legislature, this ends up being nearly a total ban on contributions to legislators. Similarly, in Kentucky, a lobbyist registered with the legislative branch may not make a contribution to a lawmaker. In Alaska, a lobbyist is only allowed to contribute to candidates for office within his or her voting district.

There are several states in which lobbyists are allowed to make contributions, but must disclose the donations on their lobbyist reports. Massachusetts, New Hampshire, New Mexico, Rhode Island, and Washington are examples.

Some states have unique provisions for politically-active lobbyists. In Pennsylvania, for instance, a lobbyist who makes political contributions must register and report in the same manner as PACs. Minnesota lobbyists must include their registration numbers in the memo section of campaign contribution checks.

If you or a member of your team would like to make a campaign contribution in a state in which you are registered, please contact a member of the State and Federal Communications Compliance Department for fact-specific guidance.

(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 United States Supreme Court has decided not to hear a case involving Maine’s political contribution disclosure, upholding the law. The National Organization for Marriage (NOM) had appealed to the country’s highest court after an appeals court ruled that Maine’s law regarding ballot issue committees is constitutional.

The law states that groups who spend more than $5,000 to influence ballot questions must register with the state ethics commission. Once registered, organizations must identify, in filed campaign finance reports, any donors who contributed more than $100.

The ethics commission, due to the ongoing legal battle, has not made a final determination on whether NOM is actually a ballot issue committee. The commission hopes to have a final answer on that issue in the coming months.

The 2012 electoral map continues to take shape and with 40 days until the election, both campaigns are working hard in swing states to gain as much ground as possible. A slew of polls have come out over the past couple of days that have painted a decidedly grim picture for Governor Romney’s chances of winning in November.

A Quinnipiac/CBS News/New York Times poll of three swing states (Florida, Ohio, Pennsylvania) shows President Obama has crossed the 50 percent threshold in all three states. Obama leads Romney 53 percent to 44 percent in Florida, 53 percent to 43 percent  in Ohio, and 54 percent to 42 percent  in Pennsylvania. Similarly, a Washington Post poll shows the President breaking the 50 percent mark leading the race in Florida 51 percent to 47 percent and Ohio 52 percent to 44 percent. (The Washington Post and ABC News have also moved the state of Ohio from toss-up to leans Obama)

Much has been made over the past week about the larger sample size of democrats in a number of polls which could potentially affect results. (See: here, here, and here) A look at independents responses in these polls shows a much tighter race for the coveted votes of those not identifying with any particular base. Rasmussen, Gallup, Survey USA, and Pew polls all show Gov. Romney with either a slight advantage or tie with President Obama among independents.

While polling numbers are a gauge of where the race currently stands, only one number matters on election day; 270. With current polling showing Ohio in President Obama’s column, the Washington Post and ABC News project the President has 255 electoral votes either safely on his side, or leaning his way; while Gov. Romney has only 196. If the President were to win either Florida, or a combination of two or more of the remaining swing states, he would reach the necessary 270 electoral votes needed to win reelection. No republican has ever won the presidency without also winning the state of Ohio, and if Gov. Romney were to lose there, he would likely have to sweep all remaining swing states to have a chance.

Other notes from the trail:

• Rep. David Rivera (R-FL) is being accused by Justin Sternad for secretly running Sternad’s unsuccessful campaign during the democratic primary election for the seat currently held by Rivera. Among the accusations are claims that Rivera steered unreported money to Sternad to run against Joe Garcia who previously lost to Rivera in the general election.
• According to a new Washington Post poll, Senator Sherrod Brown (D) maintains a comfortable lead over State Treasurer Josh Mandel (R) for the Ohio Senate seat currently held by Brown. Brown leads among registered voters 51 percent to 39 percent and 53 percent to 41 percent among likely voters.
• Rep. Todd Akin will definitely appear on the ballot for the Missouri Senate seat after the passing of a September 25 deadline to withdraw from the race. Akin has struggled to raise money since his controversial remarks about “legitimate rape”; however, in recent days a number of conservatives have come to his aid including former House Speaker Newt Gingrich, Former Arkansas Governor Mike Huckabee, and possibly South Carolina Senator Jim DeMint.

In an attempt to set a Guinness World Record for “the greatest number of people playing cornhole in the same competition” the United Way of Summit County invited local area businesses and residents to Lock 3 Park in Akron to participate in a lunchtime event. With a reported total of 258 participants, the United Way estimates that indeed a new record was set and submitted the information to the Guinness World Record organization.

State and Federal Communications sent five teams to the tournament with hopes of bringing home a first prize of $100 and two custom made United Way Cornhole Board sets. State and Federal’s teams of Amber Fish-Linke and Sarah Gray, Myra Cottrill and Becky Campbell, Michael Beckett and Shamus Williams, John Cozine and Steve Quinn, and Jen Zona and Jon Spontarelli each competed alongside a deep field of Akron’s best tossers. While we were unsuccessful in our bid to win the tournament, State and Federal was proud to be a part of what could be a new Guinness World Record.

For the first time in three months, the Obama campaign and the DNC outraised Gov. Romney and the RNC. The President’s campaign reported a monthly total of $114 million raised in August, narrowly beating the Romney campaign’s $111.6 million in total fundraising. The last time President Obama won the fundraising race was in April of this year when his campaign raised $43.6 million to Gov. Romney’s $40.1 million. August is also the first time this election cycle that the President has raised over $100 million; Gov. Romney previously raised over $100 million in June, July and August. The Romney campaign also reported a cash on hand total of $168.5 million while the Obama campaign has not yet released that figure.

The Obama campaign has petitioned supporters for the past few months to help close the fundraising gap with numerous emails and phone calls. Obama campaign spokesman Jim Messina said the campaign received contributions, “from more than 1.1 million Americans, donating an average of $58 per person – more than 317,000 who had never donated to the campaign before.” Gov. Romney’s campaign did not release a total number of donor’s but said that 94% of donations were for $250 or less.

The new fundraising totals come at a good time for President Obama as the President has started to open a bit of a lead in daily tracking polls following the completion of the national conventions. The Rasmussen Tracking Poll gives Obama a slight advantage at 46% to 45% over Romney and a Reuters/Ipsos poll gives Obama a 48% to 45% edge. Additionally, a Gallup daily tracking poll shows Obama with a 50% to 43% advantage.

Other notes from the trail…

• Roll Call has released its annual study of the 50 richest members of congress. Rep. Michael McCaul (R-Texas) tops the list for the second straight year with a net worth over $300 million. Senator John Kerry once again topped the list of richest senators and is the second richest overall member of Congress with a net worth of $198.65 million. Both McCaul and Kerry benefit from the sizable assets of their spouses. McCaul’s wife is the daughter of Clear Channel Communications founder and CEO Lowry Mays, and Kerry’s wife is the widow of the late Senator John Heinz of Heinz Ketchup fame.
• Freshman Rhode Island Representative David Cicilline (D-1st) won a challenging primary Tuesday amid concerns about his tenure as the mayor of Providence. At issue were Cicilline’s statements and reports as mayor regarding the financial state of the city including his decision to tap into the city’s rainy day fund. Cicilline released a series of apologies in April regarding a lack of transparency in city finances and his efforts to balance the budget. Cicilline will now face Brendan Doherty, a retired police colonel for the heavily democratic district.
• On Sunday, the New York Times Magazine profiles Joseph Kennedy III (D-Massachusetts) who is running for the seat being vacated by retiring Congressman Barney Frank. Kennedy is the grandson of the late Robert F. Kennedy and son of six-term congressman Joseph Kennedy II. If Kennedy wins the seat in the heavily democratic district, it will mark a return to Washington for the Kennedy family for the first time since Patrick Kennedy (D-RI) retired from his Congressional seat in 2011. Prior to Patrick’s retirement, a member of the Kennedy family had served in national elected office every year since 1947.

September 6-7, 2012   Practising Law Institute, Washington, D.C.

September 12, 2012   United Way of Summit County Cornhole Tournament, Lock 3, Akron, OH

September 19-21, 2012   PAC State and Local Government Seminar, Washington, D.C.