Q.  I am a registered lobbyist who would like to attend a charitable golf tournament.  Are there specific restrictions or requirements for this type of event?

A. Mere attendance at a charitable golf tournament or similar event is not typically restricted.

However, this activity may be prohibited or subject to disclosure requirements depending on the circumstances.

Being a registered lobbyist does not hinder your ability to donate independently to a 501(c)(3) organization.  However, in some instances, your attendance may be requested because the event is associated with a public official.  If an official asks you to attend or sponsor the charitable event, this may be considered making a contribution “at the behest of” the official, depending on the laws in your jurisdiction.

If a charitable contribution is made “at the behest of” a public official, there are two considerations: permissibility and disclosure.  First, is the charitable contribution permissible?  A jurisdiction may consider the charitable contribution to be a gift to the public official who requested it.  For example, Massachusetts considers a charitable contribution in this scenario to be a prohibited gift.  Even if the charitable contribution is a permissible gift, there may be a limit as to how much a lobbyist may donate.

Second, if a lobbyist may make the charitable contribution, is it disclosed on a lobbying report?  In Illinois, these charitable contributions are not reportable on a lobbying report.  In California, the official who made the request of the lobbyist must disclose the charitable contribution.  However, this type of expenditure is reportable on a lobbying report in Connecticut.

If you are a registered lobbyist, check with the applicable state regulatory agency before making a charitable contribution “at the behest of” an official.

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.

The Ethics and Petitioning Commission of OZ has opened an investigation into the activities of Ms. Dorothy Gale following a complaint by Citizens for an Ethical Oz (CEO), which alleges Ms. Gale not only failed to register with the commission prior to petitioning the Wizard of Oz, but committed acts of bribery, violated Oz’s gifts laws, used public money and property for personal gain, and failed to report agreements made to petition on behalf of others.

Its complaint alleges Ms. Gale and the Wizard entered a quid pro quo contract trading use of the state-owned hot air balloon for the Wicked Witch of the West’s broomstick. This same contract also provided Ms. Gales’ companions—who had contracted with her to petition the Wizard on their behalf—with intellect, courage, and a heart. Additionally, Ms. Gale and her companions received the use of state funds illegally when they received full make overs by city employees. CEO contends it does not matter Ms. Gale was unable to utilize the hot air balloon, but merely the formation of the contract alone is in violation of petitioning statutes.

CEO leader Ambrose Smythe points out that when Ms. Gale made her agreement with the Wizard, she was under investigation in Munchkinland for destruction of private property, manslaughter, impersonation of a magical being, and grand theft of ruby slippers. Additionally, when Ms. Gale fled the Land of Oz, she was under further investigation for theft and murder by authorities in the West lands.

“I would like to believe Ms. Gale was merely a young girl who didn’t know any better,” Smythe said, “but this can’t even be called a good April Fools story.”

Photo of the ruby slippers by RadioFan on Wikipedia.

April 15-17, 2012  NASPO 2012 – How to Market to State Governments Meeting, Orlando, Florida

April 16-17, 2012  National Summit on Strategic Communications, Washington, D.C.

April 17-18, 2012 Public Affairs Council Spring Executive Board Meeting, Washington, D.C.

April 19, 2012 Kent State University, Washington Program in National Issues, Washington, D.C.

April 19-20, 2012 Campaigns & Elections Tech Conference, Washington, D.C.

April 27-29, 2012  Greek American Foundation – National Innovation Conference, New York, NY

May 2-4, 2012 Ohio State Bar Association Annual Convention, Cincinnati, OH

May 17-20, 2012  CSG Spring Leadership Conference, LaQuinta, CA

May 21-23, 2012  U.S. Chamber of Commerce Small Business Summit, Washington, D.C.

Q.  As an organization employing in-house lobbyists, what expenditures am I required to capture for inclusion in the aggregate dollar amount reported on my quarterly Federal LD-2 report?

A. There are a variety of expenditures that Federal registrants are required to track and report in an effort to provide a good faith estimate of their activity.  These expenditures include:

• Compensation, expenses and overhead associated with “registered” lobbyist employee activity.  For Federal purposes, a “registered” lobbyist is an individual who meets the statutory definition of a lobbyist and is listed by name on the LD-2 report;
• Compensation, expenses and overhead associated with any non-lobbyist employee who engaged in lobbying activity during the quarter (even though they do not meet the statutory definition of lobbyist).  Their names are not listed on the report, but the value of their activity is included;
• Dues paid to an association or membership organization during the quarter that are attributable to lobbying.  This amount is typically a percentage of the overall payments made to the membership organization and is ascertained by speaking with the outside entity directly.  Importantly, dues payments for lobbying activities should be included in the estimate for the quarter in which they are paid and cannot be apportioned over a longer period of time;
• Retainers/fees incurred during the quarter to outside consultants/firms for lobbying activities.  These fees are required to be included during the quarter in which they are incurred regardless of whether billing or payment has been made.

If we can be of assistance in helping to identify reportable expenditures, please let us know.

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.

March 7, 2012  Ohio’s Birthday Party, Washington, D.C.

March 15, 2012  Greater Akron Chamber Annual Meeting, Akron, Ohio

March 21-23, 2012  SGAC Annual Meeting, Boston, Massachusetts

April 15-17, 2012  NASPO 2012 – How to Market to State Governments Meeting, Orlando, Florida

April 16-17, 2012  National Summit on Strategic Communications, Washington, D.C.

April 27-29, 2012  Greek American Foundation – National Innovation Conference, New York, NY

February 7, 2012     NCSL Foundation Bi-Annual Luncheon, Washington, D.C.

February 17, 2012     Innovate to Motivate, Washington, D.C.

February 25 – February 27, 2012     National Governors Association Winter Meeting, Washington, D.C.

February 27 – March 1, 2012     National PAC Conference, Miami, Florida

Q:  Can I change the method by which I am calculating my lobbying expenditures for purposes of filing my Federal  LD-2 reports?

A:  Yes, at the appropriate time.  Under the LDA, registrants have the option of electing the compilation method for quarterly expenditures – that is, whether they use the LDA definitions or the IRC definitions for lobbying.  A change in that method election can only take place, however, in the first quarter of each new year.  Once a report has been filed using one method then all subsequent reports for that reporting year must employ the same method.  That being the case, this is a very good time to consider whether it makes sense to change.  There are advantages and disadvantages to each method and the decision to change your method should be made after careful consideration.  Here are just a few important differences to keep in mind when considering a new method election for 2012:

• The IRC method allows an organization to employ only one tracking system for both tax and LDA purposes;
• The IRC method provides a greatly narrowed definition of communications with executive branch officials;
• Under the LDA method, neither grassroots nor state and local lobbying expenditures are included.

If you think it may make sense to consider a change in your calculating method, please let us know and we’d be happy to assist in a more thorough analysis.

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.

The practical result of the U.S. Supreme Court’s January 21, 2010, Citizens United decision allows corporations, labor unions, and others to make independent expenditures and electioneering communications regarding candidates without restrictions.

We are approaching the second anniversary of Citizens United. We said at the time of the decision the biggest impact would come when states chose to react – or not react – to the decision. We have tracked what the states are doing – whether the state has passed new laws, clarified existing laws, or has bills pending.

Be sure to take a look at the essential and up-to-date report we have made available on our website regarding how the states are reacting to Citizens United.

January 8-13, 2012   Public Affairs Council Institute, Laguna, Calif.

January 19, 2012        NCSL Executive Committee Meeting, Kaiwah Island, South Carolina

January 30 – February 2, 2012      National Grassroots Conference, Miami, Florida

February 25 – February 27, 2012 NGA Winter Meeting, Washington, D.C.

February 27 – March 1, 2012        National PAC Conference, Orlando, Florida

It is a time when the average citizen taking action and working to get their voice is heard is becoming increasingly common, and more and more tools are being created that help organize and mobilize such actions.

This week’s Highlighted Site Of The Week is Change.org, a site launched in 2007 which offers an effective way that people can engage in social issues. Anyone with a cause can log in, create and sign petitions, mobilize support, and cause change.

The site’s founder, Ben Rattray, says that Change.org aims to

Transform social activism by serving as the central platform that connects likeminded people, whatever their interests, and enables them to exchange information, share ideas, and collectively act to address the issues they care about.

Once someone creates a petition for their cause, Change.org may connect these advocates with nonprofits that work towards a similar goal, and in doing that they are making a dialogue possible between the two groups, mobilizing communities in a way what was not before possible.

Change.org has already contributed to many victories such as Bank of America dropping their debit card fee, JCPenny compensating families of Bangladash worker’s who were killed in the 2011 fire, and countless other victories for a variety of different causes.

Lately it seems like causes born from a grassroots movement are achieving success every day, and Change.org has made this easier to achieve.

Have a great weekend and a Happy New Year!

• The rise of the digital age has transformed the meaning of open government – Open Government: A New Window on the World
• As demands for transparency and amount of data grow for government agencies, budgets shrink – What’s in Store for Government IT in 2012?
• How much is a Twitter follower worth? Man sued for $340,000 for company’s 17,000 Twitter followers – Lawsuit May Determine Who Owns a Twitter Account

Many people enjoy killing time by getting on YouTube and watching the latest viral videos for a quick laugh. Andrew Kaczynski, on the other hand, enjoys digging into C-SPAN’s online archives and posting his favorite videos onto his YouTube channel, AKaczynski1, many of them which are embarrassing and problematic for current Republican presidential hopefuls, such as Mitt Romney and Newt Gingrich.

This week’s Highlighted Site Of The Week features the YouTube channel of Andrew Kaczynski. This 22 year-old college student has made recent headlines by posting videos he discovered like this video of a lecure Mitt Romney gave about John Kerry and the art of flip-flopping that could easily be used to describe himself today.

As the Republican presidential hopefuls campaign to become their party’s presidential candidate, a forgotten video can create an embarrassing and difficult obstacle to overcome.

Andrew Kaczynski currently has 141 videos posted on his channel. That is a lot of forgotten footage that would likely never have been noticed if not for his unique hobby. While Kaczynski describes himself as a moderate Republican, he admits he is more concerned with scoring page views than gaining political points for his party of choice. This provides more enjoyment for the rest of us!

This article provides more information about Kaczynski.

Happy Holiday!

Photo of Newt Gingrich by Gage Skidmore on Wikipedia.

Photo of Mitt Romney by c.berlet/publiceye.org on Wikipedia.

“In the latest act of online political sabotage, individuals who type newtgingrich.com into their browsers will be directed to one of a number of sites that are embarrassing to Republican primary candidate Newt Gingrich” – Newt Gingrich Attacked By Digital Vandals

“The White House is taking its fight over payroll tax to Twitter with a campaign using the hashtag #40dollars that asks what you can buy with that amount” – White House Uses #40dollars Twitter Campaign to Influence Payroll Tax Debate

“Using cloud technology for elections reporting and results can also save governments money” – Elections Results Websites Heading to Cloud

“The federal government is on pace to close at least 1,200 of its 3,100 data centers by the end of 2015” – Federal CIO: 1,200 Data Centers to Close by 2015

“Proceedings in the Iowa House will be streamed live over the Internet when lawmakers begin the legislative session next month” – Iowa House Action Will be Streamed on Internet

Ron Paul, Newt Gingrich, and President Obama are especially successful at utilizing Facebook – Campaigns Capitalize on Facebook

Enjoy!

Q:  I’m a registered lobbyist in many different states.   I’ve noticed some states have badge requirements.  Am I really required to wear a badge? 

A:  The 2012 registration season is upon us.  As legislative sessions commence in various states, it is important to take stock of your various lobbyist registration requirements.   As you probably know, it is important to timely file your registration renewal.  However, there are other auxiliary requirements you must mind before you step onto capital grounds, such as your jurisdiction’s training and badge requirements.

The short answer to your question is a resounding yes—in some jurisdictions, wearing your badge is required to engage in lobbying activity.  In some states, you are unable to complete your registration, or file lobbyist disclosure reports unless you pick up your name badge.   Some states may require a personal visit to have your picture taken.  For example, in Georgia, upon initial registration, you must visit the Georgia Government Transparency and Campaign Finance Commission to have your photo taken for your badge.  For quick reference, here is a list of states where badges and/or name tags are required:

• Connecticut
• Georgia
• Kansas
• Maine
• Missouri
• North Dakota
• New Hampshire
• New Jersey
• Nevada
• Pennsylvania
• Rhode Island
• South Dakota
• Wyoming

However, in some jurisdictions, although wearing a badge is encouraged, it is not absolutely required.  These states include Colorado, Illinois, Louisiana, Mississippi, Tennessee, and West Virginia.

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.