The Washington Legislative Ethics Board held a board meeting on October 14, 2014 to finalize rules defining “infrequent occasions” in the context of free meals accepted by state legislators. Section 42.52.150(5) of the Revised Code of Washington allows public officials to accept gifts in the form of food and beverage on infrequent occasions so long as attendance at such a meal is related to the performance of official duties. The Board voted unanimously to define infrequent occasions as up to 12 meals total per calendar year.

The scope of the rule is limited to food and beverage paid for by a registered lobbyist or lobbyist employer. A qualifying meal under the rule is breakfast, lunch, or dinner, regardless of cost, when the guest would normally be expected to sit down and eat, such as in a restaurant or private residence.

The Board was careful to maintain the exceptions in the Ethics Act permitting public officials to accept complimentary food and beverages at hosted receptions and in other limited circumstances.

This rule takes effect January 1, 2015.

Lobbying

UK: “Charities must record when employees use Twitter to campaign, Electoral Commission says” by Emily Corfe in Civil Society.

Campaign Finance

“Campaign Finance 40 Years Later” in The New York Times’ Room for Debate.

“Koch donors uncloaked” by Kenneth P. Vogel and Mike Allen in Politico.

New Mexico: “Once again, it’s campaign finance day (officially at least)” by Steve Terrell in the Santa Fe New Mexican.

Ethics

Nevada: “Nevada gov’t ethics commission seeks new policies” by Emerson Marcus in the Reno Gazette-Journal.

New York: “Wrapped up in gift rules” by James M. Odato in the Times Union.

Ohio: “State ethics watchdog tracks 1,600 lobbyists’ activity and spending” by TC Brown in Columbus CEO.

Oregon: “Gov. Kitzhaber asks ethics commission to review fiancee’s contracts” by Anna Staver in the Statesman Journal.

West Virginia: “West Virginia Ethics Commission committee interviews candidates for executive director’s job” by The Associated Press in the Daily Journal.

Elections

“Who to watch in House Class of 2014” by Alex Isenstadt in Politico.

“Why Republicans Must Win the Senate in 2014” by Stuart Rothenberg in Roll Call.

Tech and Social Media

“States Ascend Into the Cloud” by Jeffrey Stinson in Stateline.

“Follow the Money…” by Emily Jarvis in Govloop.

Lobbying

“Congressman presses Holder for review of think tank funding” by Megan R. Wilson in The Hill.

“Burger King hires former members of Congress to work on inversion deal” by Megan R. Wilson in The Hill.

Pennsylvania: “Threatened with Pa. fee increase, lobbyists go to work” by Mary Wilson in NewsWorks.

Rhode Island: “R.I. Supreme Court denies request by 38 Studios defendant Wells Fargo” by Paul Grimaldi in the Providence Journal.

Campaign Finance

“FEC votes suggest gridlock is easing” by Byron Tau and Kyle Cheney in Politico.

“In the Senate, campaign finance is the new flag burning” by Gayle Trotter in The Hill.

“Midterm Voters Drown in Dark Money” by Albert R. Hunt in Bloomberg.

“Ads Paid for by Secret Money Flood the Midterm Elections” by Nicholas Confessore in The New York Times.

“Dark money threatens democracy” by Robert Maguire in The Hill’s Congress Blog.

Arkansas: “Some Arkansas candidates talk of limiting outside groups” by John Lyon in Arkansas News.

Ethics

Ohio: “Kasich appoints retired judge to state commission” on WKBN.

Oklahoma: “Financial interests of state officers will not be put online, Ethics Commission says” by Barbara Hoberock in Tulsa World.

Elections

“2014 Ballot Measures That Matter Most for States and Localities” in Governing.

“11 questions that will decide the Senate” by James Hohmann in Politico.

“Dems: Don’t trust the polls” by Niall Stanage in The Hill.

“Courts Strike Down Voter ID Laws in Wisconsin and Texas” by Adam Liptak in The New York Times.

Colorado: “Centrism Hurting Once-Popular Gov. Hickenlooper’s Re-Election Hopes” by Alan Greenblatt in Governing.

Georgia: “Georgia Uses Big Data to Get Out the Vote” by Daniel Malloy and Kristina Torres in Governing.

Michigan: “As election nears, big names stump for state candidates” by Chris Gautz in Crain’s Detroit Business.

Redistricting

“Things to know about political mapmaking in Ohio” by Ann Sanner (Associated Press) in the Daily Journal.

Political Advertising

“Campaigns Find Ad Space Finite, Even on the Web” by Ashley Parker in The New York Times.

A proposed constitutional amendment on the November 4, 2014, ballot will determine whether voters are willing to extend term limits for state lawmakers in exchange for strict ethics laws for lobbyists and corporations. Issue 3 will ban corporate and union gifts to political campaigns, ban lobbyist gifts to legislative and executive officials, and extend term limits for legislators to at least 16 years.

Under the current state constitution, lawmakers typically serve no more than six years in the House and eight years in the Senate. The ballot measure would allow lawmakers to serve 16 years in the same office, or even longer for senators winning special two-year terms after each decennial census and redistricting process.

Adding term limits to the bill helped the ethics package pass the Legislature, but has decreased the popularity of the ballot measure in pre-election polls.

Oklahoma’s Revised Constitutional Ethics Rules will go into effect at staggered intervals between December 2014 and February 2015. The new rules will affect the majority of lobbying and campaign finance laws.

Provisions pertaining to lobbyist registration are effective December 1. Registration expiration and renewal dates will not change, but electronic registration will be required.

Current provisions related to lobbyist reporting dates will remain in effect until January 31, 2015, to facilitate end of year filings. The new lobbyist reporting provisions are effective February 1 with the first report due electronically on February 6 for both legislative and executive lobbyists.

All campaign finance  provisions take effect January 1, 2015.

National:

Wave of Ethics Complaints Hits Top Races

National Journal – Sarah Mimms | Published: 10/8/2014

With Election Day approaching, the closest races in the country have become magnets for ethics complaints. Watchdog groups and political parties have filed dozens of complaints against Republicans and Democrats in tough contests, questioning fundraising tactics and accusing campaigns of improper coordination, among other allegations, just as voters begin to tune in to the election-year fight. Regardless of their merits, the likelihood that any of these ethics complaints will be acted on before Election Day is slim. But for many of these groups, the result of a complaint is not nearly as important as filing the complaint itself.

Who is Donating to Political Campaigns Now? Big Pot.

Raleigh News & Observer – Kristen Wyatt (Associated Press) | Published: 10/6/2014

The U.S. marijuana industry is making campaign contributions to support cannabis-friendly candidates and ballot questions that could bring legal pot to more states. Medical marijuana businesses have been giving to candidates since the late 1990s. With the arrival of recreational pot in Colorado and Washington, the industry and its political influence are expanding rapidly. Marijuana measures will be on the November ballot in Oregon, Florida, Alaska, and Washington, D.C, so many donations are being funneled into those campaigns and the candidates who support them.

Federal:

A Campaign Dollar’s Power Is More Valuable to a Challenger

New York Times – Lynn Vavreck | Published: 10/7/2014

Political scientists have found the relationship between campaign spending and election results is problematic. The difficulty stems from a general pattern in U.S. House and Senate elections. In congressional elections from 1992 to 2012, challengers who spent more money won more often than those who spent less. The opposite was true for incumbents, but correlation does not always imply causation. The question is not just whether spending affects election outcomes, but how spending might affect different kinds of candidates differently.

FEC Votes to Relax Campaign Finance Rules

The Hill – Benjamin Goad | Published: 10/9/2014

The FEC moved to formally relax campaign finance restrictions in response to a pair of U.S. Supreme Court decisions. The commission agreed on language that will amend its rules to conform to the Citizens United ruling, which struck down restrictions that previously barred corporations and unions from spending money from their general treasury funds to support or oppose candidates. The agency also approved of a second set of regulations in the form of an interim final rule responding to the ruling in McCutcheon v. FEC. The decision eliminated aggregate contribution limits for individual donors in a single election cycle.

Nationals are Champs for Fundraisers

Politico – Byron Tau and Kevin Robillard | Published: 10/3/2014

Candidates, parties, and PACs have spent at least $245,000 on Washington Nationals tickets, gear, and seats during this election cycle. Most of that money went to hosting fundraising events at Nationals Park or buying tickets for donors, constituents, and lobbyists. Even more political cash goes to the Major League Baseball team in the form of corporate skybox rentals that often used to host members of Congress for fundraising events, money that is not always identified in campaign finance reports. The Nationals are in a league of their own when it comes to collecting political dollars; according to CQ Moneyline, the other seven teams in this year’s playoffs barely merit a mention as venues to collect political money or host wealthy donors.

From the States and Municipalities:

Alaska – As Energy Boom Ends, a Political Identity Crisis in Alaska

New York Times – Kirk Johnson | Published: 10/8/2014

Economic anxiety in Alaska is roiling an already sharp-edged political season, focused on one of the most competitive U.S. Senate races in the country: an endangered Democratic incumbent, Mark Begich, against Republican challenger, Dan Sullivan, a former state attorney general and natural resources commissioner. Alaska might appear politically conservative, and measured by election results, especially on the presidential level, it is. But many Alaskans say ideology is in fact a shallow measure of the political climate, and hard-nosed practicality – what does Alaska need from Washington and who is best at getting it – can often hold as much sway.

Colorado – Republicans Win Super PAC Lawsuit

Law Week Colorado – Hannah Garcia | Published: 10/2/2014

A District Court judge sided with the Colorado Republican Party in its efforts to establish its own Super PAC, while a local watchdog group is decrying the ruling as an erasure of state law surrounding political contributions. The GOP argued it was entitled to form the PAC because independent expenditures made by any person is permissible under the state constitution, and those expenditures are not subject to contribution limits and are permissible as long as there is no coordination with the party. Colorado Ethics Watch argued the committee is controlled and coordinates with the Republican Party, and because of that, is subject to the same contribution limits as political parties.

Illinois – When Interests Overlap for Durbin, Lobbyist Wife

Insurance News Net – Katherine Skiba and Kim Geiger (Chicago Tribune) | Published: 10/5/2014

A Chicago Tribune investigation found instances in which Loretta Durbin’s lobbying clients have received federal funding promoted by her husband, U.S. Sen. Richard Durbin, raising questions about whether the power couple have done enough to avoid inherent conflicts-of-interest as they go about their jobs. Sen. Durbin acknowledged occasional “overlap” in which his wife’s clients received his help, but both insisted she limited her lobbying to Illinois and never sought federal funds. The couple said once the decision had been made not to lobby the federal government, Sen. Durbin was not consulted when she considered new clients.

Missouri – Gifts to Missouri Lawmakers Are Not Always Easy to Track

Kansas City Star – Jason Hancock | Published: 10/6/2014

Seven lobbyists, representing businesses ranging from Hallmark to Peabody Energy, paid the lion’s share of the $3,000 cost of an evening for Missouri lawmakers at an expensive Dallas steakhouse this summer and reported the gifts as going to “the entire General Assembly.” The dinner was part of the American Legislative Exchange Council’s annual convention. Critics of Missouri’s ethics laws have long complained that reporting gifts to groups instead of individuals violates the spirit of the disclosure requirements by making it difficult, and in some cases impossible, to tell who is getting gifts from whom.

Nevada – Judicial Candidate Resigns from Nevada Ethics Commission

Reno Gazette-Journal – Emerson Marcus | Published: 10/6/2014

The executive director of the Nevada Commission on Ethics has resigned amid a complaint that she used her office to advance her campaign to become a Washoe County Family Court judge. Caren Cafferata-Jenkins stepped down on October 9. Former commission investigator Michael Lawrence filed a complaint against her in June, saying she turned the commission office “into her own personal Kinko’s” for her campaign. Cafferata-Jenkins has denied the allegations and said Lawrence is bitter after losing his job in April. She said she is resigning because the complaint is bringing negative attention on the commission.

New Jersey – N.J. Lawmaker Tries to Limit New Bills … by Introducing a New Bill

Newark Star Ledger – Matt Friedman | Published: 10/6/2014

New Jersey Assemblyperson Anthony Bucco, who has looked on as his colleagues have introduced thousands of bills, sometimes on seemingly frivolous subjects and usually with little chance of passage, says he has had enough. And to come up with a solution, Bucco introduced a bill. Bucco, proposed legislation that would limit state senators to being the top prime sponsor on just 25 bills or resolutions per two-year session, and keep Assembly members to just 15 bills. At the end of the term, each bill would have to include an estimate by the Office of Legislative Services of how much it cost to draft it, process it, and consider it.

Pennsylvania – Fattah Nonprofits Paid Millions to Ex-Staffers

Philadelphia Daily News – William Bender | Published: 10/7/2014

Between 2001 and 2012, nonprofits founded or supported by U.S. Rep. Chaka Fattah have paid out at least $5.8 million to his associates, including political operatives, ex-staffers, and their relatives, according to The Philadelphia Daily News. Three people who had ties to the organizations were later convicted of federal crimes. For the past seven years, criminal investigators have been looking at Fattah and the cottage industry of mostly taxpayer-funded nonprofits run by his political allies.

Pennsylvania – Pittsburgh’s Campaign Finance Law Called Flawed

Pittsburgh Post-Gazette – Chris Potter | Published: 10/5/2014

One of the key enforcement mechanisms of Pittsburgh’s campaign finance ordinance is defunct; other provisions are contradictory. In an apparent oversight, the law omits mayoral and city controller races from the definition of races it covers. “The law is completely meaningless; this is what you tend to get when you approach public policy from the position of public relations,” said city Controller Michael Lamb. Across the state, efforts to rein in political spending appear to have met with more success.

South Carolina – State and Federal Investigation Focuses on Political Action Committee Money, State Contracts

Charleston Post & Courier – Jeremy Borden | Published: 10/8/2014

Investigators from the State Law Enforcement Division and federal agencies have launched a broad inquiry into the actions of several members of the South Carolina House, focused at least in part on some members of the Ways and Means Committee. Sources in a position to know about the investigation said the probe revolves around allegations that lawmakers sold their votes, funneled money from the state budget into their own pockets, and misused money from a PAC.

Virginia – McAuliffe Aide Suggested Job for Senator’s Daughter If He Remained in His Seat

Washington Post – Laura Vozzella | Published: 10/2/2014

Virginia Sen. Phillip Puckett abrupt exit from the Legislature, which flipped control of the chamber to the GOP and thwarted Gov. Terry McAuliffe’s goal of expanding health coverage, came amid accusations that Republicans had enticed him to leave with job offers for himself and his daughter, triggering an ongoing federal investigation. Now, a voice-mail message suggests Puckett fielded a similar overture from Paul Reagan, McAuliffe’s chief of staff, if he stayed in the Senate.

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

“Leaner lobbying” by Tory Newmyer and Scott DeCarlo in Fortune.

“These 3 Corporations Have Spent the Most on Lobbying Since Obama Took Office” by Tess VendenDolder in InTheCapital.

Missouri: “Lobbyists give different stories to Missouri Ethics Commission” by The Associated Press in KBIA.

Ohio: “Large Ohio manufacturing employers form lobbying group” by Dan Gearino and Jim Siegel in The Columbus Dispatch.

Campaign Finance

“Dark money still a bit player” by Luke Wachob in The Hill.

“Political parties seek extra donor dollars after cancellation of federal money for political conventions” by Sabrina Eaton in The Plain Dealer.

Connecticut: “GOP accuses Kennedy of campaign finance violation” by Mark Pazniokas in The CT Mirror.

Florida: “How Campaign Finance Laws Make Florida Governor’s Race Unique” by Gina Jordan on WLRN.

Kansas: “In Kansas, funding of TV ads is one big mystery” by Philip Elliott (Associated Press) in the Chicago Sun-Times.

New Hampshire: “AG: Union broke campaign finance rules in donation to Hassan, must submit documentation” by Casey McDermott in the Concord Monitor.

Ethics

Maine: “Ethics commission to meet Friday on dueling complaints in Maine governor’s race” by Mike Russell in the Portland Press Herald.

Ohio: “JobsOhio appeared to avoid potential conflicts” by Randy Ludlow in The Columbus Dispatch.

South Carolina: “Reform advocate suggests abolishing SC ethics laws” by Cassie Cope in The State.

Virginia: “Virginia commission’s consideration of two-term governor ‘has nothing to do with ethics’” by Kathryn Watson in Watchdog.org.

Elections

“Court Decisions on Voting Rules Sow Confusion in State Races” by Trip Gabriel in The New York Times.

“Study: Voter ID laws hit minorities” by The Associated Press in Politico.

“Red or Blue, Politics Doesn’t Predict Where Women Win” by Louis Jacobson in Governing.

North Carolina: “U.S. Supreme Court Upholds North Carolina’s Limits on Voting” by Anne Blythe in Governing.

Texas: “Texas Elections Don’t Have Many Debates” by Aman Batheja (Texas Tribune) in Governing.

Lobbying

“Lobbying World” in The Hill.

Oregon: “Former advisers for Sen. Ron Wyden launch new lobbying firm” by Matthew Kish in the Portland Business Journal.

“K Street Rundown: Chamber of Commerce Courts NASCAR, GPG Loses Big Clients and Iraq Wants a National Guard” by Tess VandenDolder in InTheCapital.

Campaign Finance

“DCCC and NRCC drive outside spending in the House” by Peter Olsen-Phillips in the Sunlight Foundation Blog.

Connecticut: “GOP Legislators Accuse Dems Of Misusing Campaign Money” by The Associated Press in CBS Connecticut.

New York: “331 big donors boosting Cuomo” by Matthew Hamilton in the Times Union.

Ohio: “Former Josh Mandel aide, now a Super PAC guru, is setting up new, secretive groups” by Stephen Koff in The Plain Dealer.

Rhode Island: “R.I. campaign finance reports for past month trickling in” by Randal Edgar in the Providence Journal.

Elections

“6 Gubernatorial Races With Potential Congressional Consequences” by Bridget Bowman in Roll Call.

“For McConnell, it’s now or never” by Alexander Bolton in The Hill.

Massachusetts: “Why Massachusetts Might Elect Another Republican Governor” by Alan Greenblatt in in Governing.

State Legislatures

New Jersey: “N.J. lawmaker tries to limit new bills … by introducing a new bill” by Matt Friedman on NJ.com.

Redistricting

Virginia: “Court Tosses Virginia Congressional Map (Updated)” by Bridget Bowman in Roll Call.

Lobbying

“Lobbyists try to save Roberts” by Alexander Bolton in The Hill.

“Facebook lobbyist chief promoted to global policy head” by Julian Hattem in The Hill.

Campaign Finance

“Rogue donors not ready for Hillary?” by Kenneth P. Vogel in Politico.

California: “CalPERS board member now facing $4,000 fine over campaign disclosure problems” by Dale Kasler in the Fresno Bee.

California: “Fine proposed for laundering contributions to Ed Lee’s campaign” by John Coté in the San Francisco Chronicle.

Maryland: “Md. candidate pays penalty over campaign funds” by The Associated Press on WHTM ABC News.

South Dakota: “Unlikely South Dakota Senate Race Attracts Big Money From Campaign Finance Reformers” by Paul Blumenthal and Sam Levine in The Huffington Post.

Wisconsin: “The Right Takes on WI Campaign-Finance Law” by Rose Bouboushian in Courthouse News Service.

Ethics

Missouri: “Gifts to Missouri lawmakers are not always easy to track” by Jason Hancock in The Kansas City Star.

Nevada: “NV Ethics Commission Director Resigns” by Jay Bartos on KNPR News.

North Carolina: “Kay Hagan, Thom Tillis file rival ethics complaints” by Burgess Everett in Politico.

Elections

“How Asian-Americans are Changing the South” by Jake Grovum in Stateline.

Kansas: “Sam Brownback Has Made Enemies, May Lose Election” by Alan Greenblatt in Governing.

State Legislatures

New Jersey: “N.J. lawmaker tries to limit new bills … by introducing a new bill” by Matt Friedman on NJ.com.

Redistricting

Alabama: “Supreme Court’s new session could bring decisions on huge issues” by Irin Carmon and Ned Resnikoff on MSNBC.

South Carolina: “Supreme Court Rejects Appeal On South Carolina Redistricting” by The Associated Press in The Huffington Post.

Tech and Social Media

West Virginia: “Statehouse Beat: New computer system experiencing turbulence” by Phil Kabler in The Charleston Gazette.

Lobbying

“The lobbying economy is twice as big as we think” by Andrew Prokop in Vox.

“Senate aide who helped save Export-Import Bank lands job at agency” by Megan R. Wilson in The Hill.

Campaign Finance

“Citizens United: The political landscape almost five years later” by Marianne Hayes in Metro.

Arizona: “‘Dark money’ begins to sully campaigns” editorial in The Republic.

Pennsylvania: “Pittsburgh’s campaign finance law called flawed” by Chris Potter in the Pittsburgh Post-Gazette.

Wisconsin: “Why Wisconsin’s Attorney General Won’t Defend The State” by Jacob Stein in Governing.

Ethics

Oklahoma: “Ethics agency stirs anger with complaint moratorium” by Janelle Stecklein in the Muskogee Phoenix.

Palm Beach County, Florida: “Ethics Commission considers adding fines for frivolous complaints” by Andy Reid in the Sun Sentinel.

South Carolina: “2 York County lawmakers named to new SC ethics panel” by Bristow Marchant in the Charlotte Observer.

West Virginia: “Ethics commission to hold training for lobbyists” by The Associated Press in the Washington Times.

Elections

“NBC poll: Good news for Senate Dems” by James Hohmann in Politico.

“Which State Had the Longest Voting Lines in 2012?” by Scott Powers in Governing.

Tech and Social Media

“Social Advocacy and Politics: Social Media and ʹGotchaʹ Politics” by Alan Rosenblatt in Social Media Today.

West Virginia: “WV Supreme Court launching weekly trivia challenge on Twitter Oct. 6” by Linda Harris in The State Journal.

Q. I am a registered lobbyist, and I receive a contingency fee as part of my compensation.  Should I be worried?

A. In a majority of jurisdictions, there are express provisions prohibiting registered lobbyists from receiving a contingency-based fee.  Every jurisdiction treats this issue differently, and there is a wide range of statutory oversight.  This issue becomes especially problematic for in-house employees who wear dual hats—you may be required to register as a lobbyist because of your interactions with government officials on behalf of your company, but you may additionally be involved in sales work.

In some jurisdictions, including Louisiana, New Hampshire, and Wyoming, there are no prohibitions whatsoever. Other jurisdictions, such as Nevada, only narrowly prohibit contingency fees for influencing the outcome of legislative action. However, there are even more restrictive bans in other jurisdictions, including Florida and Arkansas, that not only prohibit registered lobbyists from receiving a contingency-based fee, but prohibit this for anyone involved in government procurement, absent meeting a limited exception for salespersons or sales agents.

New York is one example of a jurisdiction banning lobbyists from receiving contingency fees, although the state does have a well-defined registration exception for individuals who qualify as commissioned salespersons. To qualify, the primary purpose of employment must be sales, other lobbying activity must be limited, and the individual must meet specific requirements regarding the percentage of the commission. Another example is North Carolina, where the contingency fee ban is not applicable to an individual doing business with the state whose regular remuneration includes commissions based on these types of sales.

Bottom line, if you are required to register as a lobbyist, you must be aware of the laws applicable in your jurisdiction if you receive a contingency-based fee for your work.

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.

National:

Mostly Black Cities, Mostly White City Halls

New York Times – Richard Fausset | Published: 9/28/2014

Disparities between the percentage of black residents and the number of black elected officials are facts of life in scores of American cities, particularly in the South. The unrest that followed the shooting death of 18-year-old Michael Brown in Ferguson, Missouri has emphasized how much local elections can matter, and prompted a push there for increased black voter participation. The disparities result from many factors, but Ferguson has become a vivid example of the way a history of political disengagement and underrepresentation can finally turn toxic.

Federal:

Court Reviews Contractor Political Donations

BusinessWeek – Pete Yost (Associated Press) | Published: 9/30/2014

In a dispute over a ban on political contributions by individual federal contractors, U.S. Court of Appeals for the District of Columbia Circuit grappled with reconciling the restrictions and their purpose of preventing corruption with the First Amendment and the various ways contractors could get around the ban. There is no such prohibition for corporate federal contractors that set up political committees or individuals who serve as corporate officers. The challengers filing the lawsuit say the different treatment violates the equal protection clause of the Constitution because similarly situated groups of people are not subject to the ban.

Left Embraces Boycott Politics

The Hill – Julian Hattem | Published: 10/2/2014

From gun control to climate change to same-sex marriage, a number of Fortune 500 companies are succumbing to pressure campaigns and boycotts and are falling in line with liberal positions on issues that Democrats have been unable to move through Congress. The Internet has made corporations a more alluring target to Web-fluent activists trying to change the country’s culture. It has also made companies more responsive. Conservative activists have mounted pressure efforts of their own, but their campaigns are often reacting, staged in support of businesses that are under fire from the left.

U.S. Judge Dismisses Republican Challenge to SEC Pay-to-Play Rule

Reuters – Sarah Lynch and Jonathan Stempel | Published: 9/30/2014

The U.S. Securities and Exchange Commission won dismissal of a lawsuit by state Republican parties in New York and Tennessee claiming its limits on some investment firm campaign contributions violate free-speech rights. U.S. District Court Judge Beryl Howell said her court lacks jurisdiction over the matter and ordered her clerk to close the case. The SEC’s rule bars an investment firm from managing a state’s assets for two years if the company, or certain of its executives, make more than a nominal campaign donation to a state official with power over state contracts with investment advisers.

From the States and Municipalities:

California – Jerry Brown Vetoes California Political Ethics Bills

Fresno Bee – David Siders (Sacramento Bee) | Published: 10/1/2014

California Gov. Jerry Brown vetoed key bills that were passed in response to a series of scandals at the Capitol, saying they would further complicate gift and campaign rules without sufficient benefit to the public. Senate Bill 1443 would have reduced to $200 the value of gifts an official can receive from a single source each year, and banned all gifts from lobbyists. Senate Bill 1442 would have required campaign committees to file finance reports four times a year, doubling the current requirement of twice a year. One measure Brown signed was Senate Bill 1441, which bans campaign fundraisers at lobbyists’ homes.

Florida – U.S. Supreme Court to Hear Former Hillsborough Judicial Candidate’s Fundraising Issue

Tampa Bay Times – Jim Saunders (News Service of Florida) | Published: 10/2/2014

The U.S. Supreme Court will take up a Florida case that focuses on whether judicial candidates should be allowed to personally solicit campaign contributions. The Florida Supreme Court this year upheld a ban on such solicitations, reiterating an earlier position that the prohibition helps in “preserving the integrity of the judiciary and maintaining the public’s confidence in an impartial judiciary.” But attorneys for a former Hillsborough County judicial candidate, Lanell Williams-Yulee, asked the U.S. Supreme Court to take up the issue, contending the ban violates First Amendment rights.

Hawaii – Cachola Fined a Record $50,000 for City Ethics Violations

Hawaii Reporter – Malia Zimmerman | Published: 9/27/2014

The Honolulu Ethics Commission fined state Rep. Romy Cachola, a former member of the city council, $50,000 for multiple alleged violations of city ethics laws, including accepting expensive meals and golf outings from lobbyists. The penalty is the largest civil fine ever approved by the commission, which said it was influenced by persistent violations occurring monthly during several years, as well as Cachola’s repeated disregard of a 2003 directive ordering him to not accept gifts from lobbyists in excess of $200.

Missouri – Ferguson Demands High Fees to Turn over City Files

Philadelphia Inquirer – Jack Gillum (Associated Press) | Published: 9/29/2014

The city of Ferguson has demanded high fees to produce copies of records related to the fatal shooting of 18-year-old Michael Brown that, under Missouri law, it could give away free if it determined the material was in the public’s interest to see. Instead, in some cases, the city has demanded high fees with little explanation or cost breakdown. It billed The Associated Press $135 an hour – for nearly a day’s work – merely to retrieve a handful of email accounts since the shooting. Price-gouging for government files is one way that local, state, and federal agencies have responded to requests for potentially embarrassing information they may not want released.

New York – Lobbyist Ethics Training Is Up and Running

Albany Times Union – Rick Karlin | Published: 9/27/2014

Lobbyists in New York are now able to take an online ethics training course that was mandated in a 2011 law. Registered lobbyists are supposed to complete the course by the end of December. While there is not a clear-cut penalty for failing to do so, the Joint Committee on Public Ethics said it will monitor compliance.

Ohio – Panel Refers Rep. Mallory for Ethics Prosecution

Columbus Dispatch – Jim Siegel | Published: 10/1/2014

The Ohio Joint Legislative Ethics Commission recommended state Rep. Dale Mallory face charges for accepting Cincinnati Bengals tickets from lobbyists and failing to disclose the gifts. The commission found Mallory wrongfully accepted a $77 ticket in 2009 and nearly $284 worth of tickets in 2013. Two lobbyists have already pleaded guilty to not reporting that they gave Mallory the tickets. John Rabenold was fined $2,000 for not disclosing gifts to state lawmakers, including a ticket he gave Mallory for a Bengals game in December 2009. George Glover was fined $500 after he did not disclose or keep receipts for a 2013 Bengals ticket he gave to Mallory.

Pennsylvania – Allegheny Authority Bends Limits on Free Tickets for Pro Sporting Events

Pittsburgh Tribune-Review – Aaron Aupperlee | Published: 9/29/2014

The Pittsburgh Tribune-Tribune said the municipal authority that oversees public sports and entertainment venues in Allegheny County routinely violates its policy to limit the number of free tickets it gives to public officials, and it often does not record who uses its seats or luxury suites at games. “People call and they need them for goodwill; I’ll get them and give them to them,” state Sen. Wayne Fontana, board chairperson of the Sports & Exhibition Authority.

Texas – DeLay’s Decade-Long Legal Fight Comes to an End

Houston Chronicle – Lauren McGaughy | Published: 10/1/2014

Texas’ highest criminal court upheld a lower court’s ruling overturning former U.S. House Majority Leader Tom DeLay’s 2010 conviction for money laundering. DeLay had been found guilty of channeling $190,000 in corporate political donations to Republicans running for the Texas Legislature in 2002 as part of a push to redraw congressional district lines in the state. Texas election law prohibits corporate campaign contributions to state candidates. The Court of Criminal Appeals ruled DeLay was not guilty because Travis County prosecutors could not prove he believed the corporate funds he was funneling to state candidates were “criminal proceeds.”

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

“House Energy Committee counsel leaves to lobby” by Timothy Cama in The Hill.

“Russian investment fund hires K Street help” by Megan R. Wilson in The Hill.

“Left embraces boycott politics” by Julian Hattem in The Hill.

Campaign Finance

Colorado: “Colorado judge: State political parties can form Super PACs” by Tessa Cheek in the Colorado Independent.

Florida: “U.S. Supreme Court to hear former Hillsborough judicial candidate’s fundraising issue” by Jim Saunders in the Tampa Bay Times.

Vermont: “Transparency challenge is back: Candidates, please send us your campaign finance filings in excel format” by Anne Galloway in VTDigger.org.

Wisconsin: “Group sues state in hopes of collaborating with candidates” by Patrick Marley in the Journal Sentinel.

Ethics

“Is the Senate Ethics Committee Working?” by Sarah Mimms and Billy House in National Journal.

Alabama: “Ethics Commission OKs city contract with Quinton Ross” by Brian Lyman in the Montgomery Advertiser.

Florida: “Nearly 3 years prison for Ponzi schemer ex-partner” by The Associated Press in WJXT News.

New York: “NY legislator charged with using campaign funds for personal expenses, filing false claims” by Michael Virtanen (Associated Press) in The Republic.

Ohio: “Ethics charges recommended against Ohio Rep. Dale Mallory for gifts from lobbyists” by Jeremy Pelzer in the Cleveland Plain Dealer.

Texas: “Texas Court Upholds Ruling Overturning DeLay’s Conviction” by Nathan Koppel in The Wall Street Journal.

Elections

“The Race for Attorney General Tightens Up in 9 States” by Louis Jacobson in Governing.

Alaska: “GOP surges in Alaska Senate race” by Cameron Joseph in The Hill.

North Carolina: “Court Blocks Parts of North Carolina Voting Law” by Maya Rhodan in Time.

Political Advertising

“Could a Four-Second Mistake Cost a Candidate Thousands of Dollars?” by Nathan L. Gonzales in Roll Call.

Tech and Social Media

“Survey: LinkedIn Lacks Appeal for Hill Staffers” by Rebecca Gale in Roll Call.

Lobbying

“Lobbying World” in The Hill.

“Cornerstone builds out from K Street” by Megan R. Wilson in The Hill.

California: “California bans political fundraising parties at lobbyists’ homes” by Reuters on KFGO News.

Kentucky: “Ethics Reporter: Lobbying spending hits all-time high during first eight months of 2014” on KyForward.

Campaign Finance

“Final third-quarter fundraising emails: Doom, gloom and outrage” by Peter Sullivan in The Hill.

“Expand the ‘Super PAC Tax’” by Walter Shapiro in the Brennan Center for Justice Blog.

Maryland: “Montgomery Council approves plan for public finance of local campaigns” by Bill Turque in The Washington Post.

Ethics

“Ethics Office Finds Evidence Petri Violated House Rules” by Emma Dumain in Roll Call.

“Ethics panel: ‘Substantial reason’ to believe Rep. Petri broke rules” by Mario Trujillo in The Hill.

“Larry Craig fined for misuse of campaign funds” by John Bresnahan in Politico.

California: “Jerry Brown vetoes California political ethics bills” by David Siders in the Sacramento Bee.

Florida: “City hires new ethics officer” by TaMaryn Waters in the Tallahassee Democrat.

New York: “NY panel cites campaign limits on state workers” by The Associated Press in The Legislative Gazette.

New York: “Ethics panel now has two vacancies to fill” by Rick Karlin in the Albany Times Union.

Elections

“GOP sets sights on bigger House gains” by Alex Isenstadt in Politico.

“Democrats make risky bet against GOP Leader Mitch McConnell” by Alexander Bolton in The Hill.

“Incumbent governors fear wipeout” by James Hohmann in Politico.

California: “San Jose Election Tests Political Risk of Cutting Pensions” by J.B. Wogan in Governing.

Louisiana: “Gallup: Louisiana shifts Democratic” by Kendall Breitman in Politico.

Tech and Social Media

“Government, the Last Great Technology Skeptic” by Camille Tuutti in Nextgov.

“These maps show the Internet is getting faster in (almost) every state” by Niraj Chokshi in The Washington Post.