September 10, 2012 •
Ask the Experts – Election Year Compliance
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. Are there any additional compliance requirements of which to be aware because this is a Presidential election year?
A. In a word, no. However, given the substantial increase in federal, state, and local contributions, it is important to keep in mind some compliance basics during an election year:
- Be aware of what restrictions exist in a specific jurisdiction regarding pre-election contributions and/or communications. Several states have laws restricting contributions within a certain time period of an election. Federally, there are time-period restrictions associated with election communications;
- Track reportable contributions that may only come into play during an election year. For instance, at the federal level, contributions made to an inaugural committee are reportable on the LD-203;
- The same gift laws apply leading up to an election as the rest of the year. Understand the definition of a gift as it relates to a “covered official” from any given jurisdiction and don’t violate it because you happen to be attending an election-related activity, including conventions;
- Most jurisdictions have personal, corporate and/or PAC contribution limits. Be diligent in monitoring contributions so as not to surpass those limits;
- Don’t rely on a “covered official” from any jurisdiction to know his/her jurisdiction’s limits or restrictions. Be proactive in determining restrictions ahead of time; and
- Consider implementing “Election Year” guidelines within your organization to keep everyone on the same page.
In an election year, the increase in activity coupled with jurisdictional differences can make compliance a little trickier. By following these fundamental guidelines, you are more likely to ensure that at the end of the day you can say, “I Comply.” As always, should you have any questions regarding your compliance efforts, don’t hesitate to refer to State and Federal Communication’s on-line source books or contact us directly.
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.
September 6, 2012 •
Gov 2.0 Round-Up
A few good articles on social media
For those of you who may have missed some recent relevant social media articles, here are a few for you to check out!
- WeForPresident, The Social Victory Center, I Voted, Nation Builder, and Votizen are each playing their part in the election. 5 Facebook Apps That Are Shaking Up Politics.
- Twitter has been tracking your election-related tweets for months, and using that data to build the Twitter Political Index — or “Twindex” for short. Take a Tour of the Twitter Political Index.
- YouTube launched the “YouTube Elections Hub” Wednesday, providing a one-stop spot for live footage and video news coverage of the 2012 presidential election. YouTube Wants to Be Your Go-To for Election Coverage.
- Facebook has stepped up its security on brand pages, working to remove fraudulent Likes caused by spambots, malware or fake account users. Facebook Weeds Out Fake ‘Likes,’ Improves Brand Integrity.
- More than 2.5 million people have signed online petitions posted to the White House’s We the People website since its September 2011 launch. ‘We the People Nets More Than 3,000,000 Signatures.
August 23, 2012 •
Eye on the Races – August 23, 2012
New Poll Shows Race As Tight As Ever
The New York Times, CBS News and Quinnipiac University today released a poll of likely voters in Florida, Ohio and Wisconsin. Florida and Ohio have long been considered battleground states, but according to the new numbers, Wisconsin has now been added to the list of states where the Presidential election will be fought. The poll shows President Obama with only a two point lead over Governor Romney, well within the margin of error. If the election were held today, 49% of respondents in Wisconsin would vote for Obama, while 47% of respondents would vote for Romney.
The new poll comes on the heels of Gov. Romney’s selection of Wisconsin Republican Paul Ryan as his running mate. During a poll conducted in the week prior to the selection, President Obama maintained a six point lead over Gov. Romney. In 2008, President Obama handily won the state over Senator John McCain by a healthy margin of 14 points. Recently, Wisconsin has been slowly moving towards toss-up status, and the Ryan selection seems to have pushed it over the edge. A Republican presidential ticket has not won the state since Ronald Reagan’s reelection in 1984.
Similarly in Florida, Obama maintains a lead with likely voters of only three points at 49% to 46%. However, in Ohio, Obama’s advantage has held steady from the previous poll at six points with 50% to 44% of likely voters favoring the President. The poll further shows that voters in all three states view the economy as the most important issue in the election; 60% of voters in Florida, 59% of voters in Ohio, and 54% of voters in Wisconsin characterized the issue as “extremely important”.
Other notes from the trail:
- Representative Chris Van Hollen (D-MD) has been chosen by the Obama campaign as the stand-in for GOP Vice Presidential Nominee Paul Ryan during debate prep for Vice President Joe Biden. Van Hollen is the ranking member of the House Budget Committee, which Ryan chairs. Ryan and Van Hollen regularly go head to head on the issues that will be discussed in the vice presidential debate. The campaign has also confirmed that Sen. John Kerry will play the role of Gov. Romney in President Obama’s debate prep. Both Kerry and Romney hail from Massachusetts, and with Sen. Kerry comes the added advantage of a debate partner who has previously run for President as well. The Romney campaign has not announced who will stand-in for the President and Vice President during their debate prep.
- Following comments he made that “legitimate rape” rarely causes pregnancy and therefore is not a valid provision for allowing abortion, Representative Todd Akin (R-MO) announced that he will stay in the race for the Senate seat from Missouri. Akin has received numerous phone calls from members of his own party, including Gov. Mitt Romney and Rep. Paul Ryan, to withdraw from the race. As Akin did not step aside from the race prior to a 5 p.m. Tuesday, August 21 deadline, it would now take a court order to remove his name from the ballot should he change his mind. Additionally, under Missouri law, after September 25, his name would remain on the ballot regardless of his intentions.
August 16, 2012 •
Eye on the Races – August 16, 2012
July Fundraising Numbers and the Completed Republican Presidential Ticket
July fundraising reports are due on Monday, but as is custom, both campaigns have leaked numbers prior to the deadline. For the third consecutive month, Gov. Romney and the GOP has significantly outraised President Obama and the DNC. The Romney campaign reported receipts of over $101 million while President Obama brought in approximately $75 million. Additionally, the Romney campaign claimed to have raised $3.5 million in the 24 hours following the announcement of Rep. Paul Ryan as the GOP vice presidential nominee. Perhaps more startling than fundraising numbers is the amount of money spent on advertising for the 2012 election cycle. According to NBC News Domenico Montaro, The Obama and Romney campaigns have so far passed the half billion dollar mark spending a combined $511 million.
As week one of the new Romney-Ryan ticket draws to a close, the election has reached a fever pitch. Both campaigns have ramped up their schedules with more rally’s, bus tours and fundraisers in swing states like Virginia, Ohio, Florida, North Carolina and Wisconsin. With the addition of Ryan to the race, the messaging from both parties has begun to center around Medicare and the federal budget. The Ryan choice was undoubtedly made to call attention to these issues as they fall under the purview of Ryan’s leadership in his post as the House Budget Committee Chairman.
Notes from trail:
- Former Governor Tommy Thompson won Tuesday’s crowded Republican Wisconsin Senate primary garnering 34% of the vote, beating his next closest competitor by only three points. Thompson narrowly defeated businessman Eric Hovde, who spent millions of his own money on the race, as well as former U.S. Representative and tea party backed candidate Marc Neumann. Thompson will face Representative Tammy Baldwin (D) for the seat being vacated by retiring Senator Herb Kohl (D). Kohl’s seat is seen as a toss-up and will be important in determining control of the Senate.
- Linda McMahon (R) and Chris Murphy (D) cruised to their party’s nominations for the Connecticut Senate seat being vacated by retiring Senator Joe Lieberman. McMahon is the former CEO of World Wrestling Entertainment, Inc. (WWE) and has so far spent more than $15 million of her own money on the race. Murphy is a well known three-term congressman from Connecticut’s fifth district.
- Representative Dennis Cardoza (D-CA) announced Wednesday that he would resign prior to the end of his term. Cardoza had originally planned to finish out his term, but cited family issues as well as the lack of substantive legislative work being done during an election year as the reason for leaving early. Cardoza lives with his wife and three children in Maryland. A couple of hours after his announcement, Cardoza was named managing director of a top Washington D.C. Government Affairs firm.
August 9, 2012 •
Eye on the Races – August 9, 2012
Convention plans come together for both parties as each announce speakers for the events.
San Antonio Mayor Julian Castro was selected last week as the keynote speaker for the DNC convention. Castro is being touted as a rising star in the party and the DNC is looking to garner latino support with his selection. First Lady Michelle Obama will open the event on Tuesday, September 4, while her husband will close the event accepting the party’s nomination on Thursday. Former President Clinton has also been given a prominent role and will speak at the convention and likely place President Obama’s name formally into nomination. Other speakers include Former President Jimmy Carter and Massachusetts Senate Candidate Elizabeth Warren.
While the RNC has not yet named a keynote speaker, Chris Christie is widely believed to be chosen for the slot. Additionally, as more speakers are announced, Gov. Romney’s Vice Presidential list grows shorter. Already announced speakers include Condoleezza Rice, Former Florida Gov. Jeb Bush, Current Florida Gov. Rick Scott, Ohio Gov. John Kasich, Sen. Rick Santorum, South Carolina Gov. Nikki Haley and New Mexico Gov. Susana Martinez. Noticeably absent from the list are potential VP’s Bobby Jindal, Tim Pawlenty, Marco Rubio and Rob Portman. Both former presidents George H.W. Bush and George W. Bush declined invitations to the convention, as well as former Vice President Dick Cheney.
Other notes from the trail:
- Representative Todd Akin won the Missouri Republican Primary Tuesday and will face Senator Claire McCaskill in November. The race was tightly contested with Akin receiving 36% of the vote defeating businessman John Brunner and State Treasurer Sarah Steelman who received 30% and 29% respectively. Steelman was a favorite of the tea party and received a late endorsement from Sarah Palin. Democrats worked hard to elevate Akin, who they see as the weakest of the three candidates, by spending approximately $1.7 million on the race attacking both Brunner and Steelman.
- Ted Cruz won last Tuesday’s Texas republican primary to replace retiring Senator Kay Baily Hutchison (R). Cruz is a tea party backed candidate and defeated current Texas Lt. Governor David Dewhurst. Dewhurst had support from a number of established members of the GOP including Texas Governor Rick Perry while Cruz earned support from the likes of Sarah Palin, Rand Paul (R-KY), Glenn Beck and others. Cruz’s victory is seen as a major win for the tea party as a Republican is likely to succeed Hutchison in her senate seat.
- Polls show a very tight race for the Virginia Senate seat being vacated by Sen. Jim Webb. The race pits two former Virginia Governors, Tim Kaine (D) and George Allen (R) against each other for the seat formerly held by Allen. Rasmussen’s latest poll shows the race tied with each candidate receiving 46% support. Virginia is vital to the presidential election as well and both President Obama and Gov. Romney will campaign with Kaine and Allen in the coming weeks.
August 8, 2012 •
See Us in Person!
Take a look at our August-September calendar. Say hello at future events where State and Federal Communications will be attending and/or speaking regarding compliance issues.
August 6-9, 2012 NCSL (National Conference of State Legislatures) Booth 923, Chicago, Illinois
August 14, 2012 Watergate II: Cancer on the Presidency, Akron, OH
September 6-7, 2012 Practising Law Institute, Washington, D.C
September 19-21, 2012 PAC State and Local Government Seminar, Washington, D.C.
August 1, 2012 •
New York State Joint Commission on Public Ethics Approves Disclosure Guidelines
Guidelines to go through formal rulemaking process now
The New York State Joint Commission on Public Ethics voted to approve draft regulations and guidelines for implementing the public disclosure requirement for lobbyists and their clients. The commission’s interpretation of the state’s new lobbying act states that starting July 1 certain lobbyists and lobbying employers must disclose individual funding behind their lobbying campaigns. The law would apply to donors of more than $5,000.
There will be two filed reports each year, with the first being due January 15, 2013.
Good government advocates were hoping that the law would be applied starting June 1, when the disclosure provisions were to go into effect. However, the commission said that a “fair and reasonable” reading of the law required the disclosure to begin in July.
These proposed regulations now have to be submitted through the formal rule promulgating process under state law. This means a public comment period and publication in the state register will have to occur before the rule officially goes into effect.
July 27, 2012 •
News You Can Use Digest – July 27, 2012
Here are highlights from the latest edition of News You Can Use:
Federal:
IRS Says It Will Examine Rules for Nonprofit Political Activity
Lawyers Raking in Cash as Campaign Spending Hits Records
Millionaire Political Donors Club: Where are the women?
From the States and Municipalities:
California
San Bernardino County: Campaign finance reform boosted by bill
Connecticut
Campaign Money Scandal Rattles Congressional Race
Georgia
Governor Admits to Ethics Violations
Nevada
Americans for Prosperity May Have Opened Donors to Public Scrutiny by Entering State Race
Pennsylvania
Pa.’s Tough, New Voter ID Law Lands in Court
Pennsylvania
SEPTA Says It Didn’t Think It Had to Report Lobbyist Spending
Utah
ALEC Conservatives Reject Charges of Corporate Cronyism
Vermont
Vermont AG: No limits for independent expenditure PACs
Wisconsin
Prosser Converts Campaign Account to Legal Defense Fund
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.
News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.
July 26, 2012 •
Eye on the Races – July 26, 2012
President Obama leads in new NBC/WSJ poll. Presidential debate details announced.
On Wednesday, NBC News and the Wall Street Journal released a poll conducted July 18-22, of registered voters nationwide. In a choice between President Obama and Gov. Mitt Romney, respondents favored the President 49% to 43%. Additionally, if the election were held today, swing state voters favor the president 49% to 41%.
The poll shows negative campaigning has affected both candidates as each has seen a rise in the number of respondents who view them negatively. According to the Washington Post, 75-90% of all ads aired across the country in the month of June were negative in nature. The poll is facing a bit of scrutiny; however, including from NBC’s Chuck Todd, that it may be skewed as 46% of participants self-identified as democrats while only 35% self-identified as republicans.
Additionally, the Commission on Presidential Debates announced details on Wednesday for the three 2012 Presidential debates as well as one Vice Presidential debate. The first and final Presidential debates will focus on domestic policy hosted by a single moderator, while the second debate will be a town hall meeting with undecided voters questioning the candidates. Moderators will be announced in August. More details can be found at the COPD website.
Other notes from the trail:
- ABC News has compiled a couple of charts showing how both Presidential campaigns are spending money. The figures include things like rent, credit card fees and payroll.
- The battle for the U.S. Senate in Massachusetts could potentially become the most expensive in history for a senate seat. Scott Brown (R) and Elizabeth Warren (D) have raised a combined $46 million dollars through the end of June, not including money spent on advertising by outside groups. The record currently belongs to the 2000 New York race between now Secretary of State Hillary Clinton and Former Rep. Rick Lazio. Clinton and Lazio spent a combined $70 million in that contest. Recent polls show Warren has a 2 point edge over Brown.
- Congressman Jim Renacci (R) has returned $100,000 in campaign donations amid allegations that the funds were improperly funneled through Canton area businessman Benjamin Suarez. Renacci’s campaign had initially planned to keep the money until a federal investigation was completed, but have preemptively reimbursed individual donors. Renacci and Rep. Betty Sutton (D) are competing in Ohio’s newly drawn 16th district.
- The four congressional campaign committees reported similar fundraising numbers in June. The National Republican Campaign Committee narrowly outraised the Democratic Congressional Campaign Committee $10.7 million to $10.5 million, while the Democratic Senatorial Campaign Committee raised $8 million to the National Republican Senatorial Campaign Committee’s $4.4 million.
July 20, 2012 •
Highlighted Site of the Week – This Day in History
Discover important events in American history
Ever wonder if today’s date holds any significance in American history, or perhaps if your birthday was a time of great importance in the past? Through a site called This Day in History featured by History.com, viewers can select a date and learn about different events that have shaped American society.
72 years ago on this week in 1940, President Franklin Delano Roosevelt was selected for an unprecedented third term in office on July 18. As the 32nd president, Roosevelt went on to serve a record of four terms in office, becoming the only U.S. president who served more than two terms.
Roosevelt was elected by the Democratic Party convention for his third term, and despite some disapproval about his running, Roosevelt believed it was his calling to lead his country through difficult times that led the country into World War II. Roosevelt died in office at the age of 63 during his fourth term as president.
This Day in History features a calendar in the top left corner that can navigate to historical information based on the selected date. Viewers can navigate through the site to find related articles or select the featured articles pertaining to the week of a chosen date. The site also includes a What Happened on Your Birthday button and a selection of games and apps under Editor’s Picks.
Explore this site to learn more interesting trivia. Have a nice weekend!
July 20, 2012 •
News You Can Use Digest – July 20, 2012
Here are highlights from the latest edition of News You Can Use:
Federal:
House Ethics Panel Has Track Record of Leniency
Son of Liberal Financier George Soros Launches Anti-Super PAC Super PAC
From the States and Municipalities:
Alabama
Alabama Casino Developer, Lobbyist, Ex-Lawmaker Sentenced to Prison in Statehouse Gambling Scheme
California
Battle Lines Drawn over Payroll Deductions
California
Feds Detail Scale of Graft in Cudahy
Michigan
Prosecutor: Bolger conspired with party switcher, but didn’t break law
Minnesota
Minnesota GOP, Former Chairman Face Fines Over Recount
Nevada
Felon Was a Lobbyist for Catholic Officials in Nevada
New Jersey
FBI Raids City Hall in New Jersey’s Capital
New York
NY Ethics Board Member Resigns from Lobbying Group
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.
News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.
July 19, 2012 •
Connecticut Citizen’s Ethics Advisory Board Plans Random Audits of Client Lobbyists
Audits expected to be completed by the end of the fiscal year
The Citizen’s Ethics Advisory Board announced its plans to audit 10 randomly selected client lobbyists. All communicator lobbyists associated with the selected client lobbyists will also be audited. Client lobbyists are those who pay for lobbying services on their behalf, and communicator lobbyists are those who receive payment from a client lobbyist for lobbying services.
As part of its press release, the board noted that between January 1 and July 1, 2012, lobbying expenditures exceeded $31 million.
The selection will be made at the board’s meeting on July 19, 2012, and all audits are expected to be completed by the end of the fiscal year. The list of lobbyists to be audited will be available on the Office of State Ethics website after the random drawing.
July 17, 2012 •
Cleveland Hosts Council of State Governments’ Midwestern Conference
Legislators join for 67th annual meeting
Attending from 11 Midwestern states and four Canadian provinces, legislators have gathered in Cleveland for the 67th annual meeting of the Midwestern Legislative Conference of the Council of State Governments from July 15 through the 18. The conference is being held in the Renaissance Cleveland Hotel, giving legislators a taste of Cleveland.
Elizabeth Bartz, President and CEO of State and Federal Communications, Inc. is attending the meeting to observe as legislators discuss the need for regional and economic improvements.
According to the Cleveland brochure for the 2012 conference, five political speakers will give presentations at the meeting, including the host, Ohio representative Armond Budish. The reception took place at the Rock and Roll Hall of Fame and Museum. Events in the evening will give the attendees the opportunity to bond and participate in discussions, while the Family Night at the FirstEnergy Powerhouse building allows time for family fun.
Referring to the annual meeting of the Midwestern Legislative Conference, Senator Kate Sullivan of Nebraska was quoted in the brochure, stating that it is “a time for networking with colleagues, learning from each other, listening to great presenters, all with the overarching reminder that we, as legislators, have been elected to ‘govern’ and that it is done best in the spirit of bi-partisanship.”
Through a variety of activities and events, the 67th annual meeting of the Midwestern Legislatives Conference in Cleveland will bring together legislators to expand on regional matters while enjoying the sites of the city.
July 13, 2012 •
Highlighted Site of the Week – The Washington Post’s Campaign Finance Explorer
Visit a site that tracks campaign funds
Through a finance explorer site featured by the Washington Post, the 2012 presidential campaign statistics display the development of the 10 candidates. This site includes tracking of campaign funds, contribution sizes of Super PACs and campaigns, and maps that indicate the amount of money each state provides the candidates.
Charts on this site compare raised money to spent money for each candidate during the campaign. The site allows the viewer to choose and compare the funds of two candidates at a time. Below the charts are graphs that indicate the amount of money raised and spent over a given time for the candidates.
Two color-coded interactive maps display contributions to campaigns and super PACs greater than $200. Simply by placing the cursor over a state, the amount of money contributed appears over the state on both maps, allowing for a clear comparison of two presidential candidates at a time. The site also includes a link to the names of the biggest donors to super PACs.
As the presidential candidates continue to progress, this site helps viewers keep track of the financial changes in the campaign. Have fun exploring this site and have a great weekend!
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.