Lobbying

“Groupon joins Web lobby group” by Julian Hattem in The Hill.

Campaign Finance

“GOP launches new big money effort” by Byron Tau in Politico.

“Super PACs’ spending isn’t always welcomed by candidates they support” by Karen Tumulty in The Washington Post.

Arizona: “‘Dark money’ influencing state elections” by Howard Fischer in the Verde Independent.

Iowa: “New PAC seeks to expose campaign finance law flaws” by James Lynch in the WCF Courier.

Kansas: “They bought what?! Top 5 ridiculous Kansas campaign cash purchases” by Travis Perry in Kansas Watchdog.

Montana: “Campaign finance ruling should come after election” by Matt Volz (Associated Press in The Sacramento Bee.

Ethics

New Jersey: “Christie’s ethics watchdogs fail to bark or bite” by Mark Lagerkvist in the Philadelphia Inquirer.

New Jersey: “PAC’s donation to Trenton Mayor Eric Jackson’s campaign raises pay-to-play concerns” by Jenna Pizzi in the Times of Trenton.

Elections

“Top 10 Most Vulnerable Senators” by Kyle Trygstad and Alexis Levinson in Roll Call.

Procurement

“Policing Private Contractors Is Challenge for States” by Jenni Bergal in Stateline.

Q. Several employees from my organization engage in selling to the states.  Do they have any lobbyist registration or reporting requirements?

A. The answer to your inquiry depends on two things:  first, does the state regulate procurement lobbying, and second, is there an applicable bona fide salesperson exception to the registration requirement.  To determine whether a state regulates procurement lobbying, you can use our Executive Source Guide on Procurement Lobbying.  The regulation of individuals attempting to influence the selection of a vendor has increased significantly, and this trend is expected to continue.

In states where procurement lobbying is regulated, individuals engaging in sales activity may be exempt from the registration requirement where a bona fide salesperson exception exists.  For example, in Maryland, a regular full time employee of a vendor paid to engage primarily in sales activity on behalf of the vendor is exempt from lobbyist registration.  In New York, the exception even extends to sales agents with contracts to represent their clients for a period longer than six months.

Absent an exception, sales employees who meet the lobbyist registration threshold in a state regulating procurement lobbying will be required to register.

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.

Lobbying

“The lobbying industry is back! But don’t expect more action on Capitol Hill” by Philip Bump in The Washington Post.

“Ex-congressional staffers cashing in as D.C. lobbyists” by Kimberly Atkins in the Boston Herald.

California: “Top California lobbying firms bring in big dollars in 2014” by Laurel Rosenhall in The Sacramento Bee.

Florida: “Former Miami-Dade deputy mayor joins lobbying firm that represented David Beckham” by Patricia Mazzei in the Miami Herald.

Utah: “Utah lobbyists required to wear badges at Capitol” by Michelle Price in The Spectrum.

Campaign Finance

“Poll: Support for Campaign Finance Reform Strong in Key Senate Races” by Denver Nicks in TIME.

“The FEC Deadlocks (Again) on Dark Money” by Daniel I. Weiner in the Brennan Center for Justice Blog.

“Harry Reid sets up vote on campaign finance reform” by Sean Lengell in the Washington Examiner.

“Exclusive: Powerhouse GOP group snared in money scheme” by Alexander Burns in Politico.

California: “Calif. appeals court says Citizens United measure should stay on ballot” by Christopher Cadelago in The Sacramento Bee.

California: “Probe Of Illegal Campaign Contributions To San Diego Politicians Taking Shape” by Amita Sharma in KPBS.

Iowa: “Campaign finance reformers test strategy in Iowa race” by James Q. Lynch in the Sioux City Journal.

Massachusetts: “House passes landmark campaign finance bill” in the Wicked Local Norfolk.

Massachusetts: “State campaign money: Use it or lose it” editorial in The Boston Globe.

Mississippi: “Miss. appeals federal judge’s block of small-group political spending laws; hearing Sept. 3” by Jack Elliott, Jr. (Associated Press) in The Republic.

Rhode Island: “Rhode Island Ethics Commission filings provide insights into finances of candidates for governor” by Jennifer Bogdan in the Providence Journal.

Wisconsin: “Another blow to campaign finance disclosure in Wisconsin?” by Jack Craver in The Capital Times.

Ethics

Indiana: “Officials say no state computer use for politics” by The Associated Press in The State.

Redistricting

Florida: “Florida Legislature to meet Thursday to pass new map” by Gary Fineout in the Florida Times-Union.

Congress

“Five things to know as Congress takes a five-week summer recess” by Alexander Bolton in The Hill.

“Reid: Senate will work weekends in September” by Ramsey Cox in The Hill.

Government Tech and Social Media

“Beyond @Congressedits, Capitol Hill Looks for Entry to Wikipedia” by Miranda Neubauer in TechPresident.

“States Introducing Virtual Currency Regulations” by Brian Heaton in Government Technology.

State Sen. Johnny Key has vacated his seat in order to coordinate lobbying efforts for the University of Arkansas system as the associate vice president for university relations.

Gov. Mike Beebe will not call a special election to fill the empty seat due to the expected costs and logistical hurdles of replacing Key, whose term ends in January 2015.

Scott Flippo won the Republican nomination for the District 17 seat in June and will not have a Democrat challenger in the November election.

National:

Move on for DRPA to Reveal Vendors’ Political Donations

Philadelphia Inquirer – Paul Nussbaum | Published: 7/30/2014

The Delaware River Port Authority’s (DRPA) audit committee reviewed a proposal to restore public access to vendors’ political contributions. Under current rules, contractors doing or seeking business with the DRPA must disclose to the agency any political contributions made in Pennsylvania and New Jersey. But the DRPA withholds those reports from the public. New Jersey’s “pay-to-play” laws require contractors of state agencies to disclose their political contributions, which must be a matter of public record. But the DRPA, as a bi-state creation of Pennsylvania and New Jersey, is not bound by that “pay-to-play” law.

Federal:

Koch-Backed Seniors Group Low-Balling Election Spending?

The Center for Public Integrity – Michael Beckel | Published: 7/30/2014

A review by The Center for Public Integrity appears to show the 60 Plus Association appears to have vastly understated its level of election spending on federal tax filings. The organization told the FEC it spent about $4.6 million on political ads and “voter contact” phone calls endorsing or denouncing federal candidates during the three months prior to the 2012 election. But it reported spending $35,000 on “direct and indirect political campaign activities” during its entire 2012 fiscal year to the IRS. It did not count toward that amount $4 million in spending it reported separately as “educating seniors by influencing the election of political candidates.”

Mini-Mega Donors Dominate Downtown Giving

Roll Call – Kate Ackley | Published: 7/29/2014

Individual lobbyists typically do not reach into the highest levels of personal campaign contributions; that is an echelon billionaires dominate. But K Street’s elite “mini-mega” donors have gone past the former federal limit of $123,200 the U.S. Supreme Court threw out this spring in its McCutcheon decision. Now that lobbyists can give to all congressional candidates, as well as to party coffers and PACs, K Street’s biggest donors have to search for new ways of saying “no.” And sometimes that translates into a simple “yes.”

Outside Money Drives a Deluge of Political Ads

New York Times – Ashley Parker | Published: 7/27/2014

In the first full midterm election cycle where outside groups have developed a sophisticated infrastructure, the consequences are already becoming apparent: a harshly negative tone dictated by the groups and a nearly nonstop campaign season that could cause voters to tune out before Election Day. The impact can be especially magnified during midterm elections because outside organizations are not distracted by a presidential race and can allocate even greater resources to single congressional contests. In many cases, candidates in individual districts, or even states, are no match financially for groups that oppose their politics.

From the States and Municipalities:

Arkansas – Tough Road for Ethics, Term Limits Item

Arkansas Business Journal – Andrew DeMillo (Associated Press) | Published: 7/27/2014

A ballot proposal to restrict lobbyists’ gifts to lawmakers and loosen Arkansas’ term limits was touted as a compromise way to put major ethics reforms on the November ballot. But the proposed constitutional amendment is facing growing opposition focused primarily on its term limits provisions. The state Republican Party’s vote to oppose the ballot measure was the latest sign of trouble for a proposal that does not have an organized campaign on its behalf and turned into a political liability for several GOP lawmakers during the spring primary campaign.

Florida – Why Won’t Florida GOP Leaders Talk about Hunting Trips to King Ranch in Texas?

Tampa Bay Times – Michael Van Sickler and Craig Putnam | Published: 7/25/2014

Florida Gov. Rick Scott in February 2012 visited the historic King Ranch in Texas, one of North America’s premier hunting grounds. State House leaders have accepted similar excursions in the past three years. The trips, records indicate, were financed all or in part with contributions from Florida’s sugar industry, right down to the hunting licenses. A 2006 state law prohibits lawmakers from directly accepting gifts like free meals and travel, but a loophole still allows them to be feted like VIPs.

Illinois – Alderman Pushes through Watchdog Limits Week after Being Probed

Chicago Tribune – Bill Ruthhart and Hal Dardick | Published: 7/30/2014

Ald. Patrick O’Connor quickly pushed through an ordinance that limits the ability of the city council’s watchdog to investigate aldermen’s campaign finances, a week after that investigator received permission to open an ethics probe of O’Connor. The measure sponsored by O’Connor could hinder Legislative Inspector General Faisal Khan’s ongoing campaign finance probes, including the one of O’Connor.

Illinois – Illinois State Fair Managers Fined for Violating Gift Ban, Taking Free Beer Tickets

The Tribune; Associated Press –   | Published: 7/28/2014

Illinois State Fair Director Amy Bliefnick and former Du Quoin State Fair chief John Rednour, Jr. were fined by the Executive Ethics Commission for doling out hundreds of free beer tickets to top officials and other fairgoers in violation of the state’s ban on officials receiving gifts. The report noted Bliefnick has accepted more than $100 worth of free beer tickets each year since she became fair manager in 2005; she was fined $1,000. Rednour was penalized $5,000 after he admitted he solicited up to $8,000 in tickets from a vendor.

Massachusetts – 3 Guilty in Probation Case

Boston Globe – Milton Valencia | Published: 7/24/2014

Former Massachusetts Probation Commissioner John O’Brien was found guilty in a scheme to rig the agency’s hiring process to favor applicants who had the backing of powerful state legislators. O’Brien’s top aide, Elizabeth Tavares, was convicted of aiding and abetting the scheme, and a deputy, William Burke III, was found guilty of participating in a racketeering conspiracy. Prosecutors say O’Brien and his aides doled out jobs to the friends of state lawmakers over more qualified candidates. In return, prosecutors alleged, the legislators routinely boosted the Probation Department budget.

Massachusetts – Massachusetts Lawmakers OK PAC Disclosure Bill

Columbus Republic – Steve LeBlanc (Associated Press) | Published: 7/30/2014

The Massachusetts Legislature passed a campaign finance bill that would immediately increase transparency for super PACs. It also doubles how much money individuals can give to state candidates each year from $500 to $1,000, beginning in 2015. House Bill 4366 is expected to be signed into law by Gov. Deval Patrick.

New York – U.S. Attorney Warns Cuomo on Ethics Case

New York Times – Susanne Craig, Thomas Kaplan, and William Rashbaum | Published: 7/30/2014

U.S. Attorney Preet Bharara, who is investigating New York Andrew Gov. Cuomo’s closing of an anti-corruption commission, is now threatening to probe the administration for possible obstruction of justice or witness tampering. The warning came after several members of the panel issued public statements defending the governor’s handling of the Moreland Commission, which Cuomo created last year with promises of cleaning up corruption in state politics but shut down abruptly in March.

Texas – Prosecutor: Price committed ‘shocking betrayal of public trust’

Dallas Morning News – Ed Timms and Kevin Krause | Published: 7/25/2014

Longtime Dallas County Commissioner John Wiley Price has been charged with accepting nearly $1 million in bribes. Price’s chief of staff and two political consultants were also charged in a 13-count indictment. U.S. Attorney Sarah Saldaña said that during a decade-long scheme, two political consultants, Kathy Nealy and Christian Campbell, provided Price with $950,000 in money, cars, and land. Authorities allege that in exchange for the bribes, Price voted in favor of lucrative contracts that were proposed by the consultants’ clients.

Virginia – Robert McDonnell Trial to Cast Unflinching Light on Virginia Couple’s Friends, Marriage

Washington Post – Matt Zapotosky | Published: 7/28/2014

The trial of former Virginia Gov. Robert McDonnell and his wife, Maureen, has begun in federal court. They are accused of accepting more than $165,000 in gifts and loans from Jonnie Williams, the founder of a dietary supplements company, in exchange for helping to promote his products. Strident language in court filings point to a no-holds-barred battle that will pit the motives and credibility of the former first couple against Williams, who will testify for the prosecution under immunity. Defense attorneys have suggested the case is politically motivated and prosecutors have stretched the meaning of federal bribery laws to cover routine and long-accepted political courtesies.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.

Lobbying

“K Street’s power duo going global” by Megan R. Wilson in The Hill.

“Under Contract” in The Hill.

Arkansas: “State senator to resign, start work as lobbyist for UA System” by John Lyon in the Arkansas News.

Missouri: “In Columbia, Missouri Rep. Wright presses for lobbyist reform” by Cameron Dodd in the Missourian.

Rhode Island: “38 Studios lobbying hearing delayed again” by The Associated Press in WPRI News.

Campaign Finance

“These 5 Lobbyists Gave the Biggest Campaign Donations on K Street This Year” by Tess VandenDolder in InTheCapital.

“Ed Markey lobbyist haul tops on Hill” by Kimberly Atkins in the Boston Herald.

“Why All the Political Money Might Not Mean Much” by Walter Shapiro in the Brennan Center for Justice Blog.

Massachusetts: “Massachusetts lawmakers OK bill requiring timely disclosures by political action committees” by Steve LeBlanc (Associated Press) in The Republic.

Michigan: “Michigan House, Senate races marked by record fundraising, self-funded candidates” by Jonathan Oosting in Michigan Live.

Ethics

New York: “U.S. Attorney Warns Cuomo on Ethics Case” by Susanne Craig, Thomas Kaplan, and William K. Rashbaum in The New York Times.

Congress

“The Calm Before the Pre-Recess Storm” by Bridget Bowman and Colin Diersing in Roll Call.

Lobbying

“Lobbying World” in The Hill.

“Business Bottom Line” in The Hill.

“New GOP whip hires retail lobbyist for leadership office” by Megan R. Wilson in The Hill.

“Lobbyists quietly advise GOP on gay marriage shift” by Megan R. Wilson in The Hill.

Campaign Finance

“The super PAC to end super PACs leaps into New Hampshire and Iowa” by Brian Fung in The Washington Post.

Kentucky: “Kentucky State Rep. Ben Waide Indicted on Campaign Finance Violations” by Jonathan Meador on WKMS.

New York: “De Blasio defends lobbying group’s contributions from firms that do business with the city” by Erin Durkin in the New York Daily News.

Ethics

Florida: “Convicted lobbyist testifies about paying $3,000 bribe to suspended Miami Lakes Mayor Michael Pizzi” by Jay Weaver in the Miami Herald.

Illinois: “Ethics panel raps state fair directors for beer ticket freebies” by Dave McKinney in the Chicago Sun-Times.

New York: “Defiant, Cuomo Denies Interfering With Ethics Commission” by Thomas Kaplan and Susanne Craig in The New York Times.

State Legislatures

“Christie calls N.J. Legislature into special session Thursday to act on bail reform” by Matt Friedman in The Star-Ledger.

Government Tech and Social Media

“State and Local Govs Not Ready For Mobile, Survey Says” by Colin Wood in Government Technology.

“C-SPAN limiting access to its online channels” by Julian Hattem in The Hill.

Lobbying

“Bombshell: Ethics office alleges illegal lobbying” by Megan R. Wilson in The Hill.

“Lobbying business in state of upheaval” by Megan R. Wilson in The Hill.

“Wall Street spending $1.5M a day on lobbying, campaigns” by Benjamin Goad in The Hill.

“D.C. lobbying firms see revenue lift in first half of 2014” by Tucker Echols in Washington Business Journal.

“How Facebook Became One of the Biggest Power Players on K Street” by Tess VandenDolder in InTheCapital.

“U.S. lawmakers got cash from Alberta’s Keystone lobbyists” by Laurent Bastien Corbeil and Les Whittington in The Star.

Campaign Finance

“Outside Money Drives a Deluge of Political Ads” by Ashley Parker in The New York Times.

Alaska: “Marijuana legalization backers file campaign finance complaint against opposition group” by Laurel Andrews in the Alaska Dispatch News.

Arizona: “Scottsdale ruling: No campaign violation in mailers” by Beth Duckett in The Republic.

Maine: “Senate president’s PAC faces campaign finance fine” by The Associated Press in the Washington Times.

Massachusetts: “Officials appear to misuse Mass. campaign funds” by David Scharfenberg in The Boston Globe.

Nevada: “Former Nevada lobbyist fights order to report to federal prison amid campaign finance appeal” by The Associated Press in the Daily Journal.

West Virginia: “Election, ethics laws put agencies at odds” in the Charleston Daily Mail.

Ethics

Hawaii: “Disclosures won’t begin until 2015, ethics panel says” by The Associated Press in The Maui News.

Virginia: “Virginia Ex-Governor’s Defense to Rest on State Ethics” by Andrew Zajac and Peter Galuszka in Bloomberg.

Government Tech and Social Media

“Civic Tech and Engagement: Announcing a New Series on What Makes it ʹThickʹ” by Micah L. Sifry in TechPresident.

New York: “NYC Open Data Advocates Focus on Quality And Value Over Quantity” by Miranda Neubauer in TechPresident.

The Ethics Commission will consider adopting draft regulations related to the Lobbyist Ordinance at the next regular meeting on July 28, 2014. The drafts include preparation and research in the definition of “lobbyist services” and count a single conversation with multiple officials as multiple “contacts” for purposes of the new registration threshold.

The new regulations are designed to interpret and otherwise provide guidance concerning recent amendments to the ordinance taking effect on July 26, 2014.

On July 22, 2014, Gov. Jack Markell signed several bills amending Delaware’s campaign finance and lobbying laws. Senate Bill 187 allows political committees to donate prohibited contributions to certain charitable organizations. House Bill 300 protects whistleblowers from employer retaliation for reporting campaign finance violations or participating in the investigation of such violations.

Both Senate Bill 187 and House Bill 300 became effective upon the governor’s signature. House Bill 301 requires contributions given from a joint account, whether by check, debit card, or credit card, to be attributed to the signator of the contribution. Senate Bill 186 requires entities making contributions of more than $100 to disclose the name and address of one responsible party. A responsible party, as defined by the bill, is an individual who exercises control over the entity.

House Bill 301 and Senate Bill 186 are effective January 1, 2015. Also effective January 1, 2015, is House Bill 306, which imposes late filing fees on lobbyists who file late reports. A fee of $25 will be assessed for the first day and $10 for each subsequent day a lobbyist report is delinquent. The maximum late fee allowable is $100. The Public Integrity Commission may waive such late filing fees if it determines circumstances make imposition of the fee inappropriate.

Of the newly minted legislation, Gov. Markell said, “We must always look to improve our laws to strengthen the public’s confidence in the political process.”

Photo of Governor Jack Markell by John D. (Jay) Rockefeller IV on Wikimedia Commons.

Federal:

How to Disclose Your Lobbying While Keeping the Public in the Dark

National Journal – Ben Geman | Published: 7/22/2014

Some companies’ and advocacy groups’ quarterly lobbying disclosure forms provide highly specific lists of bills and topics they are working on. But other lobbying reports deploy language so vague that they reveal almost no information at all, undermining the efficacy of federal laws aimed at keeping the public abreast of how insiders are lobbying their elected officials. The rules require quarterly reports that list both broad categories, such as energy or trade, and “specific lobbying issues” within those categories. It is the line in the reports asking for specifics – Line 16 – that is often left very vague.

Leadership War Stymies Senate Mission

Washington Post – Paul Kane | Published: 7/20/2014

The U.S. Senate has approved so few bills this year, and so little else has gotten done, that many senators say they are spending most of their time on insignificant and unrewarding work. Senators say that they increasingly feel like pawns caught between Majority Leader Harry Reid and Minority Leader Mitch McConnell, whose deep personal and political antagonisms have almost immobilized the chamber. The two men so distrust each other, and each is so determined to deny the other even the smallest political success, that their approach to running the Senate has been reduced to a campaign of mutually assured dysfunction.

Senator’s Thesis Turns Out to Be Remix of Others’ Works, Uncited

New York Times – Jonathan Martin | Published: 7/23/2014

U.S. Sen. John Walsh (D-Mont.), a decorated veteran of the Iraq war, has made his military service a main selling point on the campaign trail. Still wearing his hair close-cropped, he says his time in uniform informs his views on a range of issues. But one of the highest-profile credentials of Walsh’s 33-year military career appears to have been improperly attained. An examination of the final paper required for his master’s degree from the Army War College indicates the senator appropriated at least a quarter of his thesis on American Middle East policy from other authors’ works, with no attribution.

From the States and Municipalities:

California – Political Shakeup Looms in California

Politico – Alexander Burns | Published: 7/20/2014

For decades, Democrats and Republicans in California have experienced statewide politics as an interminable waiting game, thanks to a gang of 70- and 80-somethings from the San Francisco Bay Area who have dominated government for a generation. Rising stars in both parties have come and gone, but the state’s chief power players have remained the same. Yet the buildup of talent on the Democratic bench means it is only a matter of time before the state witnesses a genuine free-for-all among younger officeholders.

Delaware – Delaware Governor Signs Campaign Finance Reform Bills into Law

Newsworks.org – Shana O’Malley | Published: 7/22/2014

Delaware Gov. Jack Markell signed a package of campaign finance and ethics reform bills. Among the measures, Senate Bill 186 requires LLCs and corporations that donate more than $100 to disclose the name and address of one “responsible party” who exercises control over the entity. House Bill 306 will establish a fee for lobbyists who fail to file their quarterly expense reports in a timely manner.

Illinois – New Rauner Attack Ad Relies on Made-Up Headlines

Chicago Tribune – Rick Pearson | Published: 7/24/2014

Bruce Rauner’s latest attack ad against Illinois Gov. Pat Quinn relies, in part, on independent news stories but features headlines that Rauner’s campaign made up and doctored to make them sound more critical. The ad overlays what the Rauner campaign calls “headlines” over television screens. Some of the headlines are correct. But in two cases, the ad makes up headlines that did not appear with the source cited, and in at least three other cases, headlines were shortened to buttress the campaign’s attack on Quinn.

Massachusetts – Super PAC Disclosure Bill Clears Massachusetts Senate, Protects Higher Union Limit

MassLive.com – Colleen Quinn (State House News Service) | Published: 7/23/2014

The Massachusetts Senate approved legislation designed to tighten reporting requirements for independent political expenditures, including those made by super PACs. Under Senate Bill 2264, corporations, labor unions, and political committees would be required to file a campaign finance report within seven days of making an independent expenditure, or within 24 hours if the expenditure is made within 10 days of an election. The Senate bill, like a version of the measure approved by the House, also doubles the amount an individual could donate to a candidate in a calendar year from $500 to $1,000. Lawmakers will now try to agree on a compromise bill.

New Hampshire – Can N.H.’s New Campaign Finance Rules Hold up in Court?

New Hampshire Public Radio – Brian Wallstin | Published: 7/21/2014

A bill awaiting New Hampshire Gov. Maggie Hassan’s signature requires 501(c)4s and other politically active nonprofits to register with the secretary of state’s office and report its receipts and expenditures. As reforms go, Senate Bill 120 is relatively modest: it only applies to nonprofits that spend more than $5,000 a year, and it does not ask them to disclose the identity of individual donors. But the new rules, which could affect the role tax-exempt groups play in the 2014 elections, are almost certain to trigger a political tug of war that could wind up in court.

New York – Cuomo’s Office Hobbled State Ethics Inquiries

New York Times – Susanne Craig, William Rashbaum, and Thomas Kaplan | Published: 7/23/2014

The commission set up by New York Gov. Andrew Cuomo to root out public corruption was hobbled almost from the outset by demands from Cuomo’s office. An examination by The New York Times found the governor’s office deeply compromised the panel’s work, objecting whenever the commission focused on groups with ties to Cuomo or on issues that might reflect poorly on him. Cuomo abruptly disbanded the commission halfway through what he had indicated would be an 18-month life. Federal prosecutors are now investigating the roles of Cuomo and his aides in the panel’s shutdown and are pursuing its unfinished business.

New York – JCOPE Donor-Disclosure Exemption Rejections Are Overturned

Albany Times Union – Casey Seiler | Published: 7/18/2014

A judicial hearing officer reversed the Joint Commission on Public Ethics (JCOPE) and held that the New York Civil Liberties Union and three other advocacy groups do not have to reveal their financial backers because doing so could put their supporters at risk. The hearing officer, former Judge George Pratt, said the JCOPE majority opinion was “clearly erroneous” and each of the groups had provided sufficient evidence to warrant an exemption from an ethics rule requiring organizations to disclose their funding sources.

Pennsylvania – Former Traffic Court judges Cleared on Main Charge

Philadelphia Inquirer – Jeremy Roebuck | Published: 7/23/2014

Four ousted traffic court judges in Philadelphia have been convicted of lying to authorities but cleared of most charges in a sweeping ticket-fixing case. A fifth judge and a businessperson were acquitted. An indictment last year portrayed the now-abolished court as a pit of patronage and corruption. Nearly the entire bench was charged with fixing tickets, sometimes in exchange for gifts or favors. The traffic judges were not lawyers but earned about $90,000 annually. Defense lawyers argued that giving insiders “consideration” was long a tradition at traffic court, and not deemed illegal.

Texas – Activist Fined $10,000 for Not Registering as Lobbyist

Houston Chronicle – David Saleh Rauf (San Antonio Express-News) | Published: 7/21/2014

The Texas Ethics Commission ordered conservative activist Michael Quinn Sullivan to pay the maximum fine for not registering as a lobbyist. Sullivan, president of Empower Texans, has been the subject of an extended investigation by the commission stemming from complaints that he failed to register as a lobbyist while working to influence the fate of legislation and the election of a House speaker. Sullivan will appeal the ruling to a state District Court, and argue the commission’s lobbyist registration law is unconstitutional and its enforcement infringes on the First Amendment.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.

Under New York ethics regulations, a registered lobbyist, under certain circumstances, must report the names of each source of funding of more than $5,000 from a single source used to fund the lobbying activity reported and the amounts received from each identified source. The Joint Commission on Public Ethics (JCOPE) can grant an exemption to this disclosure requirement if such disclosure would put contributors at risk of harm, threats, harassment, or reprisals.

Recently, the JCOPE denied an exemption to Family Planning Advocates, the New York Women’s Equality Coalition, New Yorkers for Constitutional Freedoms, and the New York Civil Liberties Union. The groups appealed the ruling to an independent judicial hearing officer who must determine whether the denial of an exemption was clearly erroneous in view of the evidence of record.

On July 11, 2014, George C. Pratt, the presiding judicial hearing officer, reversed the JCOPE’s denial of the exemption, finding the commission’s decision to be clearly erroneous in light of the specific evidence presented. In his decision, Pratt stated the advocacy groups had experienced several incidents over a period of years showing a pattern of threats and manifestations of public hostility. As a result of Pratt’s ruling, all four groups will be granted an exemption from the donor disclosure requirement.

Lobbying

“Lobbying World” in The Hill.

“K Street market dims for Democrats” by Byron Tau in Politico.

“Ex-Rep. Howard Berman lobbying for Hollywood” by Julian Hattem in The Hill.

“Former WH liaison to Congress joins law firm” by Megan R. Wilson in The Hill.

Campaign Finance

“Chamber spending tops $40M as election nears” by Megan R. Wilson in The Hill.

Delaware: “Markell signs reform bill all say is a half-loaf” by Jonathan Starkey in The News Journal.

Ethics

Florida: “Ethics, election complaints now a campaign weapon” by Mike Vasilinda on WJXT News.

Hawaii: “One-Third of Hawaii Candidates Missed Financial Disclosure Deadline” by Chad Blair in the Honolulu Civil Beat.

New York: “NY ethics panel blacks out officials’ public service announcements to remove campaign edge” by The Associated Press in the Daily Journal.

New York: “Cuomo’s Office Hobbled State Ethics Inquiries” by Susanne Craig, William K. Rashbaum and Thomas Kaplan in The New York Times.

Pennsylvania: “Ethics agency probes lawmakers” by The Associated Press in The Indiana Gazette.

Elections

“Study: Record-low turnouts seen in some primaries” by The Associated Press in Politico.

Government Tech and Social Media

“When Is a Tweet an Ethics Violation? | A Question of Ethics” by C. Simon Davidson in Roll Call.

“Social Advocacy & Politics: Organize Your Colleagues First” by Alan Rosenblatt in Social Media Today.

“Did the White House Website Violate Its Own Privacy Rules?” by Brendan Sasso in Nextgov.

“House GOP makes digital push” by Daniel Samuelsohn in Politico.

Kentucky: “Kentucky Registry of Election Finance Launches Redesigned Website” press release in The Wall Street Journal’s Market Watch.

The Miami-Dade Board of County Commissioners approved an ordinance lengthening the county’s revolving door prohibition. Under current law, the revolving door restriction period is two years.

Ordinance 141569 amends existing county law by prohibiting county officials and their staff members from lobbying the county for a period of four years. The ordinance exempts certain former county officials who become lobbyists for governmental entities, nonprofit organizations, or educational institutions from the four year restriction period.

The board adopted the ordinance in a 7-5 vote in its July 15, 2014, meeting.

The next step in the legislative process is a public hearing before the Public Safety and Animal Services Committee, which is scheduled for August 27, 2014, at 9:30 a.m. The outcome of the public hearing will determine the effective date of the new legislation.