The Ethics Commission has posted on its website six new fact sheets concerning the city’s lobbying ordinance. The fact sheets are to provide general guidance about registration and reporting requirements for lobbying in easily understandable language.

The fact sheets were produced in collaboration with the University of California Hastings Center for State & Local Government Law and are available here.

Premier Brian Gallant has again questioned a long running delay in implementing a lobbyist registry in the province. The Legislative Assembly in New Brunswick passed the Lobbyists’ Registration Act in May but, in order to take effect, the cabinet must first proclaim the act and promulgate regulations for its operation.

The act is similar to the federal government and other provinces in requiring lobbyists to register publicly, disclose who they represent as well as who they meet with and what topics are discussed.

It has been seven years since Premier Shawn Graham first initiated a push for a law regulating lobbyists.

National:

Governors’ Inaugurals Fueled by Political Donors
Raleigh News & Observer – Paul Weber (Associated Press) | Published: 1/3/2015

Eleven new governors are taking office in January, and nearly two dozen others are renewing their oaths for second, third, or – in the case of Iowa Gov. Terry Branstad – sixth terms. Many will celebrate with bands and blowout balls, with much of the bill footed by the same supporters who bankrolled their victorious campaigns. In many states, corporate money that was banned before Election Day is allowed to cover the tab for inaugural parties. Critics see the events as another means for corporations and wealthy individuals to curry political favor with the state’s highest office, and in many cases without the transparency required by usual campaign finance laws.

Jeb Bush Education Foundation Played Leading Role in Mixing Politics, Policy
Washington Post – Lindsey Layton | Published: 1/6/2015

Jeb Bush’s Foundation for Excellence in Education has played a leading role in many states since its creation in 2008, following his two terms as governor of Florida. It has forged an unusual role mixing politics and policy – drafting legislation and paying travel expenses for state officials, lobbying lawmakers, and connecting public officials with industry executives seeking government contracts. The foundation, from which Bush resigned as chairperson as part of his preparations for a possible White House bid, has been criticized as a backdoor vehicle for major corporations to urge state officials to adopt policies that would enrich the companies.

Federal:

All Cooled Off: As Congress convenes, former colleagues will soon be calling from K Street
Center for Responsive Politics – Staff   | Published: 1/5/2015

A key provision of the Honest Leadership and Open Government Act reined in lobbying by members of Congress, their top staffers, and other key government officials who move from their federal posts directly into the influence industry. The idea was to limit their ability to benefit immediately on their insider knowledge by lobbying their former colleagues. The restrictions, which vary depending on an individual’s government position, are lifted after a set period of time. But of the 104 former members and staff whose waiting period ends during the first session of the 114th Congress, 29 are already in government relations, “public affairs,” or serve as counsel at a firm that lobbies. And 13 of those are even registered as lobbyists, working to shape policy in Congress or the executive branch on behalf of paying clients.

Judge Candidates’ Free-Speech Rights at Issue before the Supreme Court
Washington Post – Rober Barnes | Published: 1/4/2015

Voters failed to find Lanell Williams-Yulee’s candidacy for Hillsborough County judge compelling, but the U.S. Supreme Court has a greater interest. The justices will consider whether the action that resulted in a rebuke by the Florida Bar Association and a fine of more than $1,800 – violating Florida’s restriction against directly soliciting contributions to judge campaigns – is instead an unreasonable constraint on Williams-Yulee’s right to free speech. Thirty states prohibit judicial candidates from directly asking for campaign contributions, in most cases leaving that work to a committee the candidate establishes. The Florida Supreme Court, found the restriction is constitutional.

From the States and Municipalities:

Arizona – Glendale Officials Take Free Tickets to Concerts, Sports
Arizona Republic – Pete Corbett | Published: 1/7/2015

City administrators, Glendale City Council members, and their guests received 90 free tickets for seats in a suite at 13 concerts at the city-owned Gila River Arena the past two years, including shows by Taylor Swift, Katy Perry, Justin Timberlake, and the Who. Some watchdogs said the practice raises ethical, and possibly legal, issues for city officials. “We’re all cognizant at how the public looks at this, how this looks for us to get free tickets in a taxpayer-funded facility,” said former Vice Mayor Yvonne Knaack.

Maine – LD 1750: A study in how special interests get their way in the Maine Legislature
St. John Valley Times – Naomi Schalit (Maine Center for Public Interest Reporting) | Published: 1/6/2015

During the summer of 2013, the Maine Department of Environmental Protection made things harder for wind developers by putting more requirements into permit applications. The wind lobby saw the new requirements as illegal and obstructionist, and they believed the red tape would slow down or even halt the expansion plans of their multi-million-dollar industry. They needed help and by the summer of 2014, they knew where to go: to their friend and supporter Justin Alfond, the president of the state Senate. Critics say the story of how the wind industry’s problem was taken up by Alfond and his staff demonstrates a deep level of coordination between special interests and legislative leaders that often leaves citizens on the sidelines of the democratic process.

Maryland – Official Says He Was Wrong to Ask That His Name Not Be Used
New York Times – Associated Press | Published: 1/7/2015

Frederick County Council member Kirby Delauter apologized for threatening to sue a local newspaper if it used his name without permission, an ultimatum that earned him a two-day skewering in the blogosphere. Delauter said he had acted abruptly and out of frustration. Delauter supporter Tom Caulfield, owner of Chubby’s BBQ, said Delauter is a selfless public servant under constant attack by liberals and The Frederick News-Post. He likened him to Howard Beale, the angry television anchorman in the 1976 film, “Network,” who shouted, “I’m as mad as hell and I’m not going to take this anymore!” Former county board member Kai Hagen said the scorn heaped on Delauter online was well-deserved. “His behavior is crude. He is completely, it seems, incapable of empathy and sympathy and understanding,” said Hagen.

Massachusetts – Inaugural’s Top Donors Mingle with Key Officials
Boston Globe – Stephanie Ebbert | Published: 1/8/2015

The night before he was to be sworn in as governor of Massachusetts, Charlie Baker invited the top private sponsors of his inaugural celebration to a dinner at Alden Castle, where they could meet his incoming Cabinet members. About 100 people were invited to join the governor-elect at the “candlelight dinner.” State employees and Cabinet secretaries are not allowed to be named in fundraising material or featured at fundraising events. Baker senior adviser Jim Conroy distinguished the inaugural-eve gathering from campaign events, saying the presence of incoming Cabinet members was not advertised to donors. He said those who gave $25,000 received two tickets.

Missouri – Publisher’s Parties Highlight Reporting Issues in Missouri Ethics Laws
Columbia Daily Tribune – Rudi Keller | Published: 1/4/2015

The offices of the Missouri Times was the venue last year for legislators and their staffs to enjoy parties with lobbyist-paid liquor and snacks that went largely unreported to the state Ethics Commission. Publisher Scott Faughn called each party an “unveiling,” honoring a particular lawmaker. He text-messaged invitations with the names of sponsoring lobbyists or organizations. Faughn recalled that as many as six were held. A review of reports from individual lobbyists and the registered representatives of organizations named in text messages showed only one was reported. Faughn said he checked with the commission and believes lobbyists are not required to report the money spent for refreshments at the parties.

New Jersey – Christie’s Ties to Cowboys Owner Raise Ethics Questions
USA Today – Bob Jordan (Asbury Park Press) | Published: 1/6/2014

New Jersey Gov. Chris Christie has now attended three games at the invitation of Dallas Cowboys owner Jerry Jones, who picked up the tab for the tickets and travel. Video of a clumsy hug between Christie and Jones in the owner’s luxury box during a key moment of a playoff game has gone viral. It also has focused fresh attention on the relationship between the potential Republican presidential hopeful and Jones. Christie in 2013 vouched for a Jones group in bidding for a Port Authority of New York and New Jersey contract worth millions of dollars.

South Carolina – McMaster Facing State Ethics Charges
The State – Andrew Shain | Published: 1/6/2015

South Carolina Lt. Gov.-Elect Henry McMaster faces 51 counts of campaign finance violations dating to his 2010 campaign for governor. A closed-door hearing in the case has been scheduled for March 18. McMaster, the state’s former attorney general, lost the Republican gubernatorial primary in 2010 to Gov. Nikki Haley. After the loss, McMaster continued to accept donations in excess of maximum contribution limits, alleges the complaint. “His campaign created a phantom general election in which he was not participating and solicited additional donations for that election in an effort to circumvent the law,” says the complaint.

Virginia – Bob McDonnell, Ex-Governor of Virginia, Sentenced to 2 Years for Corruption
New York Times – Jennifer Steinhauer | Published: 1/6/2015

Former Virginia Gov. Bob McDonnell was sentenced to two years in prison for public corruption. He was accused of selling the influence of his office to the chief executive of a dietary supplements company. A jury found McDonnell and his wife were guilty of accepting more than $165,000 in loans and gifts, including a Rolex watch, in exchange for promoting a nutritional supplement marketed by Star Scientific. McDonnell, who was once considered a possible contender for the White House, initially faced the prospect of up to 20 years in prison, but the judge lowered that range to six-and-a-half to eight years. McDonnell’s lawyers, citing what they described as years of good work and commitment to public service, had argued a sentence of community service should suffice.

Wisconsin – Republicans Eye Rewrite of Campaign Finance Laws, Other Election Changes
Chippewa Herald – Matthew DeFour | Published: 1/4/2015

Republicans are poised to make the most sweeping revisions to Wisconsin’s campaign finance law in decades. Many of those changes are already in effect after a series of federal court decisions made many current laws unenforceable. But a more comprehensive rewrite is in the works, and the overhaul is getting a thumbs up from the Government Accountability Board, a frequent target of GOP ire that is itself in line for a possible makeover. Among other things, lawmakers are considering increasing campaign contribution limits and clarifying the coordination restrictions at the heart of a recent investigation into Gov. Scott Walker’s recall campaign.

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.

Lobbying

“LD 1750: A study in how special interests get their way in the Maine Legislature” by Naomi Schalit (Maine Center for Public Interest Reporting) for St. John Valley Times

Campaign Finance

“Governors’ Inaugural Celebration Plans, by State” by The Associated Press  for New York Times

“FEC Alleges Personal Use of Campaign Funds by Former Senate Candidate O’Donnell” by Randall Chase (Associated Press) for Daily Journal

“Parties Poised to Exploit Broad New Rules” by Eliza Newlin Carney for Roll Call

Ethics

“Jeb Bush Education Foundation Played Leading Role in Mixing Politics, Policy” by Lindsey Layton for Washington Post

“House Edits Rules to Help Members Facing Ethics Probes” by Paul Singer for USA Today

“Former Alabama Education Official Gets 2-Year Sentence” by Philip Rawls (Associated Press) for Tuscaloosa News

“In Stamford, Donation to City Raises Ethics Questions” by Elizabeth Kim for Stamford Advocate

Legislative Issues

“Peoria Lawmaker Proposes More Difficult Route to Amend State Constitution” by Howard Fischer (Capitol News Services) for East Valley Tribune

Lobbying

“All Cooled Off: As Congress convenes, former colleagues will soon be calling from K Street” in the Center for Responsive Politics

Vermont: “Lobbyists Can Now Register Online in Vermont, Condos Says System Gives Public Immediate Access” by The Associated Press for Greenfield Daily Reporter

Campaign Finance

“For the Wealthiest Political Donors, It Was a Very Good Year” by Annie Linskey and Julie Bykowitz for Bloomberg News

Pennsylvania: “City Council Candidate’s Use of Personal Funds Triggers Key Ruling from Philadelphia Ethics Board” by Mike Dunn for KYW

South Carolina: “McMaster Facing State Ethics Charges” by Andrew Shain for The State

Ethics

California: “State Ethics Agency Has Record Number of Enforcement Actions in 2014” by Patrick McGreevy for Los Angeles Times

California: “Ex-Water District Manager Agrees to Pay Fine over Accepting Gifts” by Ruben Vives for Los Angeles Times

Missouri: “Ethics Bills Proposed for 2015 Session” by Rudi Keller for Columbia Daily Tribune

Virginia: “Bob McDonnell, Ex-Governor of Virginia, Sentenced to 2 Years for Corruption” by Jennifer Steinhauer for New York Times

Legislative Issues

“Boehner Reelected as Speaker, but Control over GOP Majority Precarious” by Lisa Mascaro and Michael Memoli for Los Angeles Times

The Oklahoma Ethics Commission’s newly promulgated Revised Constitutional Ethics Rules, effective at staggered intervals, significantly amend lobbying and campaign finance laws. Lobbyist registration provisions were effective December 1. Rules outlining lobbyist reporting due dates are effective February 1, 2015. All other revised rules were effective January 1, 2015. Except as may otherwise be provided, all current rules under Title 74, Chapter 62-Appendix, of the Oklahoma Statutes were repealed on January 1, 2015. O.S. §257:23-1-2, as it pertains to lobbyist reporting requirements, will remain effective until January 31, 2015.

Lobbyists were required to register online in December for calendar year 2015. There are now separate registration requirements dependent upon whether a lobbyist is a legislative lobbyist, executive lobbyist, or legislative liaison. Legislative lobbyists and legislative liaisons will be required to file monthly reports from February to July; executive lobbyists will file quarterly reports.

The revised rules also place new limits on lobbyist expenditures. Each lobbyist will be permitted to spend up to $500 per calendar year for meals for the governor, a legislator, or their staff. Moreover, lobbyists may spend up to $200 per year on certain gifts other than meals, provided the total for all meals and gifts does not exceed $500. New provisions also allow lobbyist principals to provide food and beverage for professional conferences, seminars, and similar events held outside the geographical boundaries of the state, subject to certain restrictions.

Changes to campaign finance laws include a new registration threshold for political action committees (PACs), new campaign contribution limits, specific reporting for out-of-state and federal PACs, and amendments to some reporting requirements. A PAC will be required to register within 10 days of receiving contributions or making expenditures in excess of $1,000. Certain contribution limits will increase and family contribution limits will no longer exist. Limited PACs registered for less than a year or that have fewer than 25 contributors will be permitted to contribute only half the amount of other limited PACs.

This article provides a summary of the major changes to the Revised Constitutional Ethics Rules. It is not exhaustive and additional changes have been made. A final annotated version of the rules is accessible on the new Ethics Commission website at http://www.ok.gov/ethics/.

Q. I will be having meetings with state legislators to introduce myself and my employer. I do not have any legislation of interest yet, though I anticipate that I will. Will this require lobbyist registration?

A. Goodwill lobbying is covered in many jurisdictions. The following 19 states may require lobbyist registration for goodwill activities: Alaska, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Maryland, Minnesota, Missouri, New York, North Carolina, Oregon, Pennsylvania, Tennessee, Texas, and Vermont. Some jurisdictions have specifically addressed goodwill lobbying. Connecticut covers “door opening,” including such things as telephone calls that you make to set up informational meetings with officials. The Maryland State Ethics Commission has indicated generating goodwill or engaging in educational discussions with officials or employees is considered lobbying.

Some states consider additional activities in determining whether an activity is goodwill lobbying. In Pennsylvania, lobbying includes providing hospitality to a state official or employee for the purpose of advancing the interest of the lobbyist or principal. Kansas also includes entertaining or providing a gift to a state officer or employee in its definition of lobbying in certain circumstances.

Any time you interact with a state official or employee, you must consider whether your activities constitute lobbying, even if you are not engaging in lobbying in a traditional manner. Your activities may count toward the threshold requiring lobbyist registration.

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.

Lobbying

Arizona: “Lobbyist Tied to Phoenix VA Executive Fired over Gifts” by Dennis Wagner (Arizona Republic) for USA Today

California: “Foes and Fans of L.A. Economic-Justice Group Agree It Gets Things Done” by Emily Alpert Reyes for Los Angeles Times

Maryland: “Hogan’s Pick for Health Chief Says He’ll Avoid Conflicts” by Michael Dresser and Meredith Cohn for Baltimore Sun

Maryland: “Maryland Gov.-Elect Hogan Tries to Navigate Gifts Minefield” by Jenna Johnson for Washington Post

Missouri: “Publisher’s Parties Highlight Reporting Issues in Missouri Ethics Laws” by Rudi Keller for Columbia Daily Tribune

Rhode Island: “R.I. Secretary of State Mollis Ends Probe, Says Stokes Didn’t Have to Register as a Lobbyist for 38 Studios Meetings” by Kate Bramson for Providence Journal

Rhode Island: “Mollis’ Decision on Lynch Sets Bad Precedent, Says Leader of Common Cause” by Jennifer Bogdon for Providence Journal

Campaign Finance

“Judge Candidates’ Free-Speech Rights at Issue before the Supreme Court” by Robert Barnes for Washington Post

Ethics

New Jersey: “Dallas Owner Jerry Jones Paid for Chris Christie’s Trip to Root for Cowboys, Including Private Jet” by Matt Arco (NJ Advanced Media) for Newark Star Ledger

Procurement

Texas: “Audit: Texas Health Agency Mishandled AT&T Contract” by Aman Batheja for Texas Tribune

National:

A Bipartisan Push to Limit Lobbyists’ Sway over Attorneys General
New York Times – Eric Lipton | Published: 12/26/2014

A series of articles in The New York Times examined how lawyers and lobbyists – from major corporations, energy companies, and even plaintiffs’ law firms – have increasingly tried to influence state attorneys general. These outside players have tried to shut down investigations, enlist the attorneys general as partners in litigation, or use their clout to try to block or strengthen regulations emerging from Washington, found the investigation. A debate has started among state attorneys general, even those who believe the problem is more about the perception of a possible conflict-of-interest, over steps that could be taken to insulate them from outside influence.

Cuomo and Christie, Defying Legislatures, Reject Bill to Overhaul Port Authority
New York Times – Jesse McKinley | Published: 12/27/2014

Governors Chris Christie and Andrew Cuomo vetoed legislation passed unanimously in both of their state Legislatures that would change the management structure at the Port Authority of New York and New Jersey. Instead, Christie and Cuomo said they accepted revisions recommended by a special panel to reorganize the agency. The veto came as prosecutors continue to investigate the politically motivated lane closings at the bridge last year, a scandal that marred Christie’s reputation. The bi-state agency has also faced ethical questions over its reputation for rewarding politically connected officials with patronage jobs and allies with lucrative contracts.

What We Learned about the American Voter in 2014
Politico – Jonathan Topaz | Published: 12/31/2014

The Republican landslide in the midterm elections has both parties poring over voting data, hoping to glean insights about the current state of the electorate before the 2016 election. But it might take until the next presidential cycle to answer the most pressing question of whether the GOP’s success in 2014 is the result of significant changes in how voters view the two parties, or the structural difference between the electorates in presidential and midterm years so great that Democrats still maintain a strong demographic advantage going into 2016.

Federal:

Big Money Breaks Out
Politico – Kenneth Vogel | Published: 12/29/2014

Billionaires Michael Bloomberg, Sheldon Adelson, and David Koch were among the top 10 largest contributors to federal political campaigns in the 2014 midterm elections, according to Politico. The 100 biggest campaign donors gave $323 million in 2014, almost as much as the $356 million given by the estimated 4.75 million people who gave $200 or less. The trajectory is pointing to a heyday of mega-donors, asserted political consultant Mark McKinnon. “When 100 big donors give as much almost 5 million small donors, with whom do we expect candidates to spend their time, and whose interests do we think they will represent?” asked McKinnon.

Republicans Try to Fix Damage Scalise’s 2002 Speech Could Do in 2016
New York Times – Jonathan Martin and Jackie Calmes | Published: 12/30/2014

U.S. Rep. Steve Scalise, the House majority whip, acknowledged he spoke to a white supremacy group in 2002, though he said he did not realize what kind of organization it was, is not affiliated with it, and does not agree with its beliefs. The group was the European-American Unity and Rights Organization, founded by David Duke, a former grand wizard of the Ku Klux Klan. The controversy erupted as Republicans were making a renewed effort to reach out to black voters. It threatened to cloud their agenda after capturing control of the Senate and adding to their House majority in the midterm election.

From the States and Municipalities:

Arizona – Firing of VA Clinic Chief Upheld over Gifts, Not Wait Times
USA Today – John Wagner (Arizona Republic) | Published: 12/24/2014

An administrative judge upheld the dismissal of the director of the Veterans Affairs (VA) health care system in Phoenix for accepting more than $13,000 in airline tickets and other gifts from a consultant for the health care industry and for failing to disclose some of the gifts. The former director, Sharon Helman, had also been implicated in the falsification of the hospital’s waiting lists for care, a problem at Phoenix and other veterans’ hospitals that roiled the VA. But the administrative judge, Stephen Mish, concluded the department had not provided sufficient evidence to justify firing Helman for the manipulation of waiting lists, which concealed delays in providing care to veterans.

California – New FPPC Chair Takes Low-Profile Approach
Sacramento Bee – Laurel Rosenhall | Published: 12/24/2014

As Jodi Remke takes the mantle as chairperson of the California Fair Political Practices Commission, she said she is mainly focused on beating bureaucracy at the agency. Her predecessor, Ann Ravel, brought national attention to the sometimes-obscure commission that polices California’s lobbying and campaign finance laws. Remke said she wants to continue Ravel’s work going after serious violations of the state’s Political Reform Act. But she has her own vision for the position, too, one that involves increasing the FPPC’s use of technology and streamlining the requirements involved for officials to follow the law.

California – Politicians Use ‘Ghost’ Campaigns to Fight Specter of Lost Funds
San Francisco Chronicle – John Wildermuth | Published: 12/25/2014

California election law requires candidates to close their campaign accounts and disburse the money within two years after losing an election or being termed out of office, unless they are planning to run for another office. Plenty of out-of-work politicians want to hang on to their campaign cash for as long as they can, however, and the rule has forced some veteran officeholders into some unusual political contortions. At age 82, former state Sen. John Burton is head of the California Democratic Party, but he has opened a not-especially-active campaign for state superintendent of public instruction four years from now.

Georgia – University System of Georgia Spent More Than $48,000 on Perks for State Lawmakers
Columbus Republic; Associated Press –   | Published: 12/28/2014

A state law passed in 2013 prohibits Georgia legislators from receiving gifts worth more than $75. But that law also excludes public employees from being considered lobbyists. University System of Georgia officials spent tens of thousands of dollars in 2014 on football tickets, meals, and events for state lawmakers. Some lawmakers say University System officials acting in a lobbying capacity should have to register as such and report their spending to the state.

Massachusetts – State Campaign Contributions Set to Double
Boston Globe – Joshua Miller | Published: 12/27/2014

Candidates for all municipal, county, and state elected offices in Massachusetts can now raise $1,000 per year from individuals, double the old limit of $500. The change, part of a multifaceted campaign finance package signed into law this summer, is certain to be a boon to campaign accounts. Beyond that, there is dispute about what the increase might mean. Some believe the increase will simply make campaigns more expensive. Others think it might allow politicians to raise the money they need in less time, and spend their newly free hours with regular voters, building support.

Missouri – With Lobbyists, Missouri Lawmakers Golf and Dine Far from Jefferson City
PoliticMo.com – Eli Yokely | Published: 12/30/2014

In Jefferson City, where the statehouse is governed by no limits on personal gifts and campaign contributions to lawmakers from lobbyists, it is common practice for legislators to get their meals, lodging, and drinks paid for by lobbyists, according to records maintained by the Missouri Ethics Commission. But on a recent trip to Las Vegas trip attended by three lobbyists and eight lawmakers, the only thing that was reported to the commission was an $8.50 expense from Noranda Aluminum executive Charles Skoda to Rep. Don Gosen. Though no exchange of gifts was reported, the episode reveals the close ties lobbyists form with state lawmakers and the extent to which they can legally go to push their agenda.

New York – U.S. Said to Investigate Sheldon Silver, New York Assembly Speaker, Over Payments
New York Times – William Rashbaum, Thomas, Kaplan, and Susanne Craig | Published: 12/29/2014

Federal authorities are investigating the sources of income of New York Assembly Speaker Sheldon Silver. The probe stems from an inquiry U.S. Attorney Preet Bharara began in April after Gov. Andrew Cuomo disbanded a panel examining corruption in the state Legislature. Among the areas the panel looked into was lawmakers’ sources of income, which must be disclosed. In addition to his $121,000 salary from the state, Silver has for years listed income from acting as “of counsel” to Weitz & Luxenberg, though he has declined to say what he does for the law firm. In 2013, Silver said he made from $650,000 to $750,000 from outside work including, though not limited to, Weitz & Luxenberg.

North Carolina – Opinion Says Lawmakers Can Raise Money for Political Nonprofits
WRAL – Mark Binker | Published: 12/29/2014

The Legislative Ethics Committee issued an opinion saying North Carolina lawmakers are allowed to raise money for political nonprofits that collect cash to lobby or elect members to the General Assembly. Raising money for political nonprofits is frequently easier than gathering cash into campaign accounts because the same fundraising limits do not apply and nonprofits are often not required to disclose the names of donors. Nonprofits also can raise money from interested groups when an important legislative decision is approaching, rather than having to wait like lawmakers until after the session ends.

Oklahoma – Ethics Agency Fails To Collect Most Fees
KGOU – M. Scott Carter (Oklahoma Watch) | Published: 12/29/2014

As of early 2014, candidates, their campaigns, and other organizations owed the Oklahoma Ethics Commission more than $200,000 in unpaid fees for late or no filing of statements of income and spending. The commission’s executive director said many fees probably will never be collected because of a lack of resources. The agency decided to stop assessing late fees this year partly because it needed to establish new rules for imposing fees. Dozens of political groups and campaigns in the 2014 election failed to meet deadlines for filing their statements.

Washington – PDC Finding It Hard to Get Money to Make Upgrades to Its Campaign-Finance Web Site
Tacoma News Tribune – Brad Shannon (The Olympian) | Published: 12/26/2014

The budget for the Public Disclosure Commission is cut by two percent in Washington Gov. Jay Inslee’s proposed spending plan for 2015-17, including elimination of three employees that would leave staffing at fewer than 17 full-time equivalent positions. The agency had suggested the staffing cuts, including elimination of a vacant in-house legal counsel position. But it also wanted to invest potentially $200,000 into upgrades making it easier for candidates and lobbyists to file reports and for the public to find and understand them.

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.

Lobbying

Missouri: “With Lobbyists, Missouri Lawmakers Golf and Dine Far from Jefferson City” by Eli Yokely for PoliticMo.com

Campaign Finance

“Jackson: Senate’s strict rule on donors used once” by Herb Jackson for Bergen Record

California: “Politicians Use ‘Ghost’ Campaigns to Fight Specter of Lost Funds” by John Wildermuth for San Francisco Chronicle

Kansas: “Judicial Retention Elections Becoming More High Profile in Kansas” by Brad Cooper (Kansas City Star) for Wichita Eagle

North Carolina: “Opinion Says Lawmakers Can Raise Money for Political Nonprofits” by Mark Binker for WRAL

Ethics

“GSA Loses Appeal in Firings of Top Officials; Appeals Board Orders Them Reinstated” by Lisa Rein for Washington Post

“Michael Grimm, in a Reversal, Will Resign From Congress” by Jason Horowitz for New York Times

“Republicans Try to Fix Damage Scalise’s 2002 Speech Could Do in 2016” by Jonathan Martin and Jackie Calmes  for New York Times

“U.S. Said to Investigate Sheldon Silver, New York Assembly Speaker, Over Payments” by William Rashbaum, Thomas, Kaplan, and Susanne Craig for New York Times

Procurement

Mississippi: “Task Force: Ban no-bid contracts in Mississippi prison system” by The Associated Press for Gulflive.com

Lobbying

“A Bipartisan Push to Limit Lobbyists’ Sway over Attorneys General” by Eric Lipton for New York Times

Arizona: “Firing of VA Clinic Chief Upheld over Gifts, Not Wait Times” by John Wagner (Arizona Republic) for USA Today

Florida: “London’s Dual Role as Commissioner, Lobbyist Has Mayor Demanding Client List” by Susannah Bryan for Orlando Sentinel

Georgia: “University System of Georgia Spent More Than $48,000 on Perks for State Lawmakers” by The Associated Press for Columbus Republic

Campaign Finance

“Big Money Breaks Out” by Kenneth Vogel for Politico

Massachusetts: “State Campaign Contributions Set to Double” by Joshua Miller for Boston Globe

Missouri: “Diehl Endorses Bill Requiring Political Not-for-Profits to Reveal Donors” by Rudi Keller for Columbia Daily Tribune

Ethics

California: “New FPPC Chair Takes Low-Profile Approach” by Laurel Rosenhall for Sacramento Bee

New Jersey: “North Haledon Mayor Fined $100 for Post-Sandy Generator Use” by Minjae Park for Bergen Record

Oklahoma: “State Ethics Agency Fails to Collect Most Fees” by M. Scott Carter (Oklahoma Watch)
for the Enid News & Eagle

South Carolina: “SC Ethics Attorney to Join Spearman’s Education Team” by Jamie Self for The State

Washington: “PDC Finding It Hard to Get Money to Make Upgrades to Its Campaign-Finance Web Site” by Brad Shannon (The Olympian) for Tacoma News Tribune

The fall session of the 33rd Yukon Legislative Assembly, which convened on October 23, adjourned on December 18, 2014.

Bill 104, the Paid Lobbying Act, did not progress past the first reading.

The consultation period for review of the Revised Lobbyists’ Code of Conduct has ended.

Commissioner of Lobbying Karen Shepherd drafted the revisions and invited comment on the proposed changes to be submitted by December 19, 2014. The changes focus on the relationship between lobbyists and public officials, while removing rules relating to the relationship between lobbyists and clients.

New rules 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 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 current version of the Lobbyists’ Code of Conduct remains in place until the revised code comes into effect.

Image of Canadian Flag by Djameson1983 on Wikimedia Commons.

National:

Here’s Where Campaign Finance Reform May Move Ahead As Congress Dithers
Huffington Post – Paul Blumenthal | Published: 12/21/2014

While campaign finance reform is unlikely in Congress, it is possible in some states, where extreme polarization on the issue of money in politics is less evident than in Washington, D.C. Many states and municipalities have already enacted new disclosure laws and rules governing candidates’ coordination with independent groups. Still others have pushed for small-donor matching fund systems to dilute the power of big money, or have passed conflict-of-interest restrictions on gifts from lobbyists and contractors.

Lawyers Create Big Paydays by Coaxing Attorneys General to Sue
New York Times – Eric Lipton | Published: 12/18/2014

There is a flourishing industry that pairs plaintiffs’ lawyers with state attorneys general to sue companies, a collaboration that has set off a furious competition between trial lawyers and corporate lobbyists to influence these officials. While prospecting for contracts, the private lawyers have also donated tens of thousands of dollars to campaigns of individual attorneys general, as well as party-backed organizations that they run. The donations often come in large chunks just before or after the firms sign contracts to represent the state, show campaign finance records and more than 240 contracts examined by The New York Times.

Federal:

National Parties, Donors Embrace Higher Campaign Limits
USA Today – Fredreka Schouten | Published: 12/22/2014

The national political parties and some of their biggest donors are embracing a new law that dramatically increases contribution limits, saying it could help the parties stage a financial comeback in an era of unlimited spending by super PACs. Some third-party groups on the left and the right of the political spectrum, however, are not as pleased, warning the national parties will have more power to drown out upstart politicians challenging the establishment’s favored candidates., Everyone agrees on one point: more campaign money will start to slosh through federal elections, just as the 2016 presidential campaign heats up.

Rep. Michael Grimm Pleads Guilty in Tax Case, Refuses to Resign
Los Angeles Times – Christine Mai-Duc | Published: 12/23/2014

U.S. Rep. Michael Grimm will not resign despite pleading guilty to one felony charge of filing false tax returns for a restaurant he owned, raising a challenge for Republican leaders if they seek to force him from office. He could be expelled from following a vote by the full House, but those proceedings could take weeks or even months. Grimm, a former FBI agent, was hit with 20-count indictment in April. Initially, federal investigators looked into allegations of campaign finance violations, but no charges were ever filed as part of that probe. Prosecutors accused Grimm of under-reporting his employees’ wages to the IRS, paying them in envelopes full of cash, and said he had lied under oath when he claimed he was not responsible for handling payroll.

Waning Influence? Part 3: Ups and Downs, by Industry
Center for Responsive Politics – Dan Auble | Published: 12/22/2014

Overall spending on lobbying has been on a downward trajectory since 2010 and the number of active lobbyists has seen an even longer-term and more drastic drop. The Center for Responsive Politics attempted to identify whether particular industries have contributed more than their fair share to the decrease. Lobbying spending may have dropped by 15 percent since 2009, but not all industries have cut their spending. Fifty-six industries outperformed the overall trend, and 24 actually increased spending since 2009. About 33 fell at a more drastic rate than the average, suggesting they may have contributed more to the overall decline than could be made up by those on the rise.

From the States and Municipalities:

Maine – Maine Public in the Dark on Local-Issue Lobbying
Portland Press Herald – Steve Mistler | Published: 12/22/2014

Advocates for transparency in government say the failure to require lobbying disclosures at the local level makes it hard for citizens to know who is trying to influence elected officials, at a time when well-funded national groups are pouring millions of dollars into state and local politics. No Maine community has a lobbying disclosure rule, and the only time the state imposes a reporting requirement on cities and towns is when a community with more than 15,000 residents takes up a local referendum question.

Massachusetts – Boston-to-D.C. Flights Showcase Region’s Power Players
Boston Globe – Matt Viser | Published: 12/23/2014

The hourly shuttle flights between Boston and Reagan National Airport are a vital connection between the nation’s capital and The Hub in more ways than one. The shuttle provides an airborne showcase of the region’s power players as they travel to private dinners, fundraisers, and congressional hearings. For members of Congress, it can be like office hours, where they are forced to confront constituents who happen to be seat mates. Gate agents report passengers frequently request a new seat assignment so they can be next to a person with whom they are hoping to conduct business.

North Carolina – NC Supreme Court Upholds GOP-Drawn Legislative and Congressional Districts
Raleigh News & Observer – Ann Blythe | Published: 12/19/2014

The North Carolina Supreme Court upheld the Republican-led redrawing of congressional and legislative districts in 2011. Democratic voters and others challenging the boundaries argue that 30 legislative and congressional districts were designed to weaken the overall influence of black voters in North Carolina. The challengers contend the shepherds of the redistricting packed black voters into districts where they had already been successful in electing their candidates of choice despite being in the minority. Republicans have argued they followed the law when creating districts.

Pennsylvania – Kane’s Account of Sting Draws Increasing Fire
Philadelphia Inquirer – Craig McCoy and Angela Couloumbis | Published: 12/21/2014

Pennsylvania Attorney General Kathleen Kane has said an undercover sting investigation that implicated five Philadelphia officials was marred by possible racial targeting, among many other flaws. At a news conference where Philadelphia District Attorney Seth Williams announced the arrests of two state representatives who he said took cash from a lobbyist who was working with law enforcement officials in the sting, Williams used the subpoena power of an investigative grand jury to dig into Kane’s statements on why she shuttered the sting and test them for accuracy. He ended up launching a broadside against Kane, saying she had made repeated false statements to justify her decision to end the probe, cited documents that did not exist, and irresponsibly jettisoned a strong criminal case.

Pennsylvania – Pennsylvania Lawmakers Will Be Challenged to Ban Themselves from Taking Lobbyists’ Gifts
Columbus Republic – Marc Levy (Associated Press) | Published: 12/18/2014

Sen. Lloyd Smucker said he will introduce a sweeping bill to ban nearly all gifts to public officials and employees in Pennsylvania, including state and local government employees. Such bills have been introduced before, and seen no action, and Smucker said he has no commitment to pass it by House or Senate leadership. But this measure has the added weight of testimony collected by Smucker’s State Government Committee, a pledge by Gov.-elect Tom Wolf to ban gifts to executive branch employees and officials, and a fresh corruption scandal that produced bribery charges against two lawmakers.

Pennsylvania – Who’s Minding the Store for Legislative Ethics?
Pittsburgh Post-Gazette – Joe Smydo | Published: 12/22/2014

In the past 15 years, more than a dozen legislators in Pennsylvania have been convicted of, or pleaded guilty to, crimes ranging from misusing taxpayer resources to hiding income from a second job to leaving the scene of a fatal accident. Philadelphia District Attorney Seth Williams recently announced bribery and other charges against Reps. Ronald Waters and Vanessa Lowery Brown. Policing lawmakers is a task the state Ethics Commission shares with committees in the House and Senate. Commission Executive Director Robert Caruso said his agency’s work has been challenged in recent years by staffing shortages, budget cuts, and weaknesses in the state ethics law.

Rhode Island – Mollis Concludes Former R.I. Attorney General Lynch Did Not Violate Lobbying Rules
Providence Journal – Katie Mulvaney | Published: 12/18/2014

Secretary of State A. Ralph Mollis concluded former Attorney General Patrick Lynch did not violate Rhode Island’s lobbying law in his interactions with his successor’s office about federal regulation of Internet gambling and other topics. Lynch has claimed his interactions with Attorney General Peter Kilmartin’s office were as a lawyer representing clients and, thus, he was exempt from registering as a lobbyist.

Utah – Tea Partier Braces for Primary Challenge from the Establishment
Politico – Manu Raju | Published: 12/22/2014

What is happening in Utah marks a new chapter in the tea-party-vs.-establishment wars that have defined Republican politics since 2010. At that time, U.S. Sen. Mike Lee seized on conservatives’ frustration with a veteran GOP senator, Bob Bennett, to win the party’s nomination and emerge as one of the country’s most prominent tea party senators. But after four years in Washington, where he has aligned himself with the most conservative wing of the party, some Republicans are weighing whether there is an opening to challenge Lee.

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.