Lobbying

“Bottom Line” in The Hill.

“Wyden’s rise starts K Street bidding war” by Megan R. Wilson and Kevin Bogardus in The Hill.

“Hollywood’s Top Lobbying Group Is Sponsoring CPAC” by Nikki Schwab in U.S. News & World Report.

Campaign Finance

Florida: “More Ads in Florida Push Independent Expenditures above $7.5 million” by Kent Cooper in Roll Call.

Ethics

California: “California lawmakers report meals, sports tickets, other gifts” by Patrick McGreevy in the Los Angeles Times.

New Jersey: “Port Authority chairman hit with ethics complaint by NJ Working Families Alliance” by Steve Strunsky in The Star-Ledger.

Vermont: “Vermont House working on ethics rules” by Nancy Remsen in the Burlington Free Press.

Congress

“Snow Delays Senate Votes for Another Day” by Niels Lesniewski in Roll Call.

State Legislative Sessions

Florida: “A viewers’ guide to the 2014 Florida Legislature session” by Steve Bousquet in the Miami Herald.

Kansas: “Kansas lawmakers taking a break from session” by The Associated Press on KAKE News.

Utah: “Nine days remain in productive legislative session” by Billy Hextra in the Daily Herald.

Wyoming: “Bill on special legislative session to deal with fallout from Supreme Court decision dies” by Bob Moen (Associated Press) in The Republic.

Elections

Texas: “What to Watch in the Texas Primary” by Ross Ramsey in Governing.

Virginia’s lack of gift laws has been thrown into the spotlight recently with the federal indictment of former Gov. Bob McDonnell. McDonnell became embroiled in scandal after accepting gifts worth thousands of dollars from Star Scientific CEO Jonnie Williams. While state law required all gifts of more than $50 to be disclosed, there was no limit on what a public official could accept from any donor. Williams also gave gifts to McDonnell’s wife and daughters; these gifts went undisclosed because state law does not require gifts to officials’ family members to be disclosed.

The national attention on Virginia has turned the tide in favor of ethics reform. Several ethics bills filed before the session convened on January 8 have now been incorporated into Senate Bill 649. This comprehensive bill prohibits gifts of more than $250 from lobbyists, requires reporting of gifts to immediate family members, changes lobbyist reporting from annual to semiannual, and establishes the Virginia Conflict of Interest and Ethics Advisory Council, a newly created legislative agency tasked with facilitating compliance with the state’s ethics laws. The bill passed the Senate on February 10 and the House of Delegates with a substitution and amendments on February 26, but the Senate rejected the House’s amended bill on February 28.

While it remains to be seen whether the General Assembly will pass ethics reform before it adjourns on March 8, newly sworn-in Gov. Terry McAuliffe took swift action to ensure his administration would not face the same ethical issues as McDonnell’s had. On his first day as governor, McAuliffe signed Executive Order 2, which prohibits the acceptance of gifts in the executive branch exceeding $100 per calendar year. The order became effective immediately upon his signature. Gifts from lobbyists and principals are now restricted to $25. The order does allow for some exceptions, such as excluding items of $25 or less from the definition of gift. It also allows the receipt of certain items while engaging in an activity serving a legitimate public purpose, such as food and refreshments served at certain events.

Q. My company is planning to get more engaged on the local level. What are some things I need to consider?

A. There are many considerations for a company prior to engaging on the local level. To ensure you are in compliance while interacting with municipal officials, it is important to check whether the municipality has a lobbyist registration ordinance, gift rules, or a pay-to-play ordinance. These provisions, if present, will impact your ability to engage with municipal officials. Requiring lobbyists to register on the municipal level is a quickly emerging trend throughout the U.S. This trend is not just impacting individuals who engage in what is generally regarded as lobbying, but also affecting permitting, sales, and other business functions.

For example, in San Jose, California, lobbying includes attempting to influence the proposal, drafting, development, adoption, recommendation, or approval of any contract, permit, license, or hiring action. The proliferation of these types of provisions has made it such that applying for a building permit, attempting to contract with the state, or even attempting to influence the selection of a candidate to be hired may be considered lobbying depending on the jurisdiction and the circumstances. The broad application of lobbying ordinances in municipalities merits attention and consideration prior to engaging to ensure registration is completed if needed.

An additional consideration is whether your company belongs to any trade associations with a lobbying presence in the municipality. Trade associations can help facilitate introductions to key players. However, you must still pay attention to the lobbyist registration threshold. It is a common misconception that being in the presence of a registered lobbyist negates an individual’s registration requirement. This is very rarely the case and should not be relied upon as a general rule. For more information about local level lobbying, please visit our website, www.stateandfed.com.

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

“Lobby shop strikes gold with Wyden hire” by Megan R. Wilson in The Hill.

“Comcast now a $19 million lobbying powerhouse” by Todd Shields, Stephanie Green and Laura Litvan (Bloomberg News) in the Chicago Tribune.

“David L. Cohen quite influential without being a ʹlobbyistʹ” by Jonathan Tamari in The Inquirer.

“Shadow lobbying spends three times more than traditional lobbying” in the AG Beat.

Massachusetts: “Lobbying Spending Increases Dramatically” by The Associated Press in WGBH.

Massachusetts: “Review: Mass. health lobby spent $100M since 2007” by Steve LeBlanc (Associated Press) in the Boston Globe.

New Mexico: “New Mexico Debates New Lobbyist Rules” by Liz Farmer in Governing.

Campaign Finance

“Supreme Court disrupted by protest over campaign finance ruling” by Al Kamen in The Washington Post.

“Hidden camera footage surfaces of Supreme Court debate” by Mario Trujillo in The Hill.

“Coming Soon from SCOTUS: Campaign Finance and Affirmative Action” by Damon root in Reason.

“Facing 140,000 Comments, Treasury Braces for IRS Hearing, Legal Fight” by Eliza Newlin Carney in Roll Call.

California: “Identity of Campaign Finance Scandal Informant Revealed” by Wendy fry on NBC 7 San Diego News.

Florida: “Why this Florida congressional race is one of the most expensive ever” by Amber Phillips in The Denver Post.

Florida: “Political campaign fundraisers lose the frills” by James L. Rosica in The Tampa Tribune.

Missouri: “Former St. Louis alderman fined for using campaign funds for personal use” by Nicholas J.C. Pistor in the St. Louis Post-Dispatch.

Pennsylvania: “D.C.-based PAC sues, saying Pa. can’t ban campaign contributions” by Kate Giammarise in the Pittsburgh Post-Gazette.

Texas: “Interactive: Campaign Finance Viewer for March Primaries” by Ryan Murphy and Travis Swicegood in The Texas Tribune.

The Feds

“Washington-Area Federal Offices Are Closed Monday” by Kellie Lunney in Government Executive.

Ethics

Colorado: “Critics see proposed ethics commission cure as bad medicine” by John Tomasic and Tessa Cheek in the Colorado Independent.

Colorado: “Director Jane Feldman leaves Colorado Ethics Commission” by Lynn Bartels in The Denver Post.

South Carolina: “Ethics reform bill heads back to SC House without changes to legislative oversight of members” by The Associated Press in The Republic.

National:

In Some States, gaming Industry Consultants Double as Gambling Regulators

Las Vegas Review-Journal – Hannah Dreier (Associated Press) | Published: 2/23/2014

As more cities and states embrace legalized gambling across the country, private companies are being hired to write regulations and vet casinos, even as the same firms work the other side of the fence, helping casinos enter new markets and sometimes lobbying for their interests. Letting consulting companies with deep ties to the gambling industry decide how casinos are run is a significant departure from how established gambling states, including Nevada and New Jersey, do things.

Federal:

Where Have All the Lobbyists Gone?

The Nation – Lee Fang | Published: 2/19/2014

January records show spending on federal lobbyists decreased for the third consecutive year, and the number of registered lobbyists dropped to the lowest level since 2002. Despite word if its demise, some experts believe lobbying is not becoming extinct; it is only going underground. The combination of a loophole-ridden law, meager enforcement efforts, and a sophisticated strategy permitting third parties to develop faux-grassroots campaigns, as well as White House executive orders that dissuaded lobbyists from registering, all combined to collapse the system designed to track federal lobbying.

From the States and Municipalities:

California – California State Sen. Ron Calderon Indicted on Corruption Charges

Fresno Bee – Laurel Rosenhall (Sacramento Bee) | Published: 2/21/2014

California Sen. Ron Calderon was charged with accepting $100,000 in bribes, lavish trips, and no-show jobs for his children in exchange for pushing legislation to benefit a hospital engaged in billing fraud and participating in a film industry tax scheme that actually was an FBI sting. Calderon’s brother, Tom, a former state lawmaker-turned-lobbyist, was charged with money-laundering for funneling bribes through a tax-exempt group he controlled.

California – Lobbyist Kevin Sloat’s Penalty Falls Short, Ex-Employee’s Lawyer Says

Los Angeles Times – Patrick McGreevy and Paige St. John | Published: 2/20/2014

The California Fair Political Practices Commission signed off on a $133,500 fine for lobbyist Kevin Sloat, who made improper campaign contributions to elected officials. The attorney whose lawsuit triggered the investigation, criticized the commission for not addressing other allegations. The suit said Sloat and his firm arranged free golf games for lawmakers at a course run by a client, helped legislators get sports and concert tickets, and assisted one state Assembly member in buying art at a deep discount.

Connecticut – Federal Grand Jury Probes GOP Contracts

Connecticut Post – Ken Dixon and Neil Vigdor | Published: 2/21/2014

Lawmakers say they believe federal authorities are trying to determine whether any Connecticut House Republicans were pressured to use a particular company for their political campaign mailings. Federal subpoenas show the FBI wants to see contracts and correspondence between the House Republicans and two direct mail companies that have been used by the caucus members and the caucus’ PACs.

Georgia – Ethics: The ghost of Legislatures past

Georgia Public Broadcasting – Jeanne Bonner | Published: 2/20/2014

Georgia lawmakers attended a joint question and answer session to straighten out growing confusion about how to abide by the law that lobbyists’ spending on individual legislators to $75 per expenditure. Critics and supporters alike say it contains exceptions that may undermine the intent to rein in lobbyists’ power. The state ethics commission probably will not issue guidelines on complying with the law until this summer.

Hawaii – Lobbyists Would Have to Disclose More Details on Political Spending

Honolulu Civil Beat – Nathan Eagle | Published: 2/25/2014

Hawaii lawmakers are advancing legislation this session that would require lobbyists to account for the money they are spending by breaking it into categories that show how much goes toward food, entertainment, gifts, loans, and other areas. A separate bill aims to make lobbying disclosure reports available in a timelier manner, particularly after a special legislative session.

Minnesota – Bill Seeks to Undo Senjem’s Loosening of Gift Ban

Rochester Post-Bulletin – Heather Carlson | Published: 2/25/2014

During the last legislative sessionin Minnesota, a campaign finance bill was successfully amended to allow lawmakers and legislative employees to attend receptions thrown by lobbyists without having to pay for food and drinks. It does require that all 201 lawmakers be invited and given at least five days’ notice. Now, state Rep. Ryan Winkler has sponsored a bill to reinstate a ban on the practice.

Missouri – Ethics Bills Draw Little Praise from Missouri Lawmakers They Would Regulate

St. Louis Post-Dispatch – Virginia Young | Published: 2/26/2014

Members of the Missouri House General Laws Committee agreed the state needs to update its ethics laws, but were divided on how to do it and how far an overhaul should go. The committee considered several proposals, including ones that would require limits on campaign contributions and lobbyist gifts.

New Jersey – Bergen County Freeholders Tighten Limits on Political Donations by No-Bid Contractors

Bergen Record – John Ensslin | Published: 2/20/2014

Bergen County freeholders approved a “pay-to-play” bill that will drastically lower the amount of money contractors can donate to county political parties. The freeholders passed a resolution that will lower the allowed contribution from no-bid county contractors from $5,200 to $2,000. The move represents a reversal of a 2013 measure that softened restrictions during a critical election year for both parties and led to criticism from watchdog groups.

Oregon – Oregon Secretary of State’s Website is Back Up and Running

Salem Statesman Journal – Hannah Hoffman | Published: 2/24/2014

Oregon Secretary of State Kate Brown announced her department’s online systems – the Central Business Registry and ORESTAR, the state’s online campaign finance reporting system – are back up and running after being shut down for nearly three weeks following a security breach. Brown said a grace period has been established for political campaigns filing overdue reports, with fines for late transactions being waived.

Pennsylvania – Council Committee OKs Private Gifts of Up to $99 in Value to City Workers

Philadelphia Inquirer – Bob Warner | Published: 2/24/2014

A Philadelphia City Council committee gave initial approval to specific limits on the value of gifts that city workers can accept. The city’s five-decades-old gift law had never sets limits on the value of gifts that city workers, including elected officials, can receive. The ordinance would allow city employees to annually accept noncash gifts worth up to $99, even from people with official business before them.

Utah – Utah Legislature: Vote up or down – conflict or not

Salt Lake Tribune – Lee Davidson | Published: 2/24/2014

Utah and Oregon are the only two states where lawmakers cannot abstain and are required to vote even if they have a major conflict-of-interest on a bill. Utah Rep. Jim Nielson has introduced legislation to allow lawmakers to abstain or vote “present.” But he does not expect it to go far. In part, that is because leaders see conflicts as natural in a citizen Legislature, and they worry that creating more pressure to declare them and skip votes could get out of hand. Ethics reformers say a better system is needed.

Virginia – House Passes Ethics Bill with ‘Turkey Dinner Amendment’

The Daily Progress – Marcus Schmidt (Richmond Times Dispatch) | Published: 2/26/2014

The Virginia House passed a Senate ethics reform package. Senate Bill 649, which is almost identical to a proposal a House committee hammered out over several weeks, puts a $250 cap on gifts from lobbyists and anyone with business before the state, and it creates an ethics advisory council that will oversee and update Virginia’s financial disclosure system. Del. C. Todd Gilbert said he expects both bills to be dealt with in conference committee before one broad proposal heads to Gov. Terry McAuliffe.

Washington – State Legislators’ Financial Disclosures Fall Short

Seattle Times – Jim Brunner | Published: 2/22/2014

Although Washington frequently gets high marks from national open-government groups, some experts say one area where the state is lagging is in the personal financial disclosure by public officials. There are other flaws in the state’s disclosure system that leave holes in the public’s understanding of the financial affairs of their elected officials. As a result, some lawmakers file erroneous or confusing reports that go uncorrected unless spotted by political opponents, journalists, or activists.

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

“Tax plan sends shockwaves down K Street” by Vicki Needham in The Hill.

“Movie Industry, In a Switch, Is Courting the GOP” by Brody Mullins and Ben Fritz in The Wall Street Journal.

“Former software lobbyist tapped for trade post” by Julian Hattem in The Hill.

“Patton Boggs begins new merger talks” by Megan R. Wilson in The Hill.

“‘Card check’ victors reap little reward” by Kevin Bogardus in The Hill.

“Buying alpha: Here’s the easiest way to stock gains” by Jeff Cox on CNBC.

Missouri: “Who bought lawmakers’ lunch? Lobbyist splits hairs” by Virginia Young in the St. Louis Post-Dispatch.

New Mexico: “N.M. lobbyists spent $200K on dinners, golf, skiing” by The Associated Press on KFDA News.

New York: “Mayor Accepted Lobbyist Money, Amid Improper Payments” by Jeff Preval on WGRZ.

Campaign Finance

Connecticut: “New campaign finance law sparks debate” by Isabelle Taft in the Yale Daily News.

West Virginia: “Campaign finance bill dies in the House” in the West Virginia Metro News.

Ethics

Alabama: “‘Clean’ ethics legislation passes in Senate” by Kala Kachmar in the Montgomery Advertiser.

Virginia: “House passes ethics bill with ‘turkey dinner amendment’” by Markus Schmidt in the Times Dispatch.

Campaigns, Conventions, and Elections

“And the finalists for the GOP convention are ….” by Rebecca Shabad in The Hill.

“Practitioner’s Toolbox: One Political Startup’s Efforts To Engage Potential Supporters Online” by Sarah Lai Stirland in TechPresident.

Arkansas: “Ark. House committee approves lt. gov. bill” by The Associated Press in the San Francisco Chronicle.

From the State Legislatures

Tennessee: “Bill would give Tennessee Legislature power over attorney general” by Todd South in the Times Free Press.

West Virginia: “Lawmakers push dozens of bills before deadline” by Jonathan Mattise (Associated Press) in the Seattle Post-Intelligencer.

Lobbying

“Lobbying World” in The Hill.

“Lobbying is booming under Obama. Here’s why.” by Jeremy Slevin on MSNBC.

“Who Says There Are No Second Acts in Politics?” by Jordan Michael Smith in Politico.

“Lobbyist drafts bill to ban gays from NFL” by Rebecca Shabad in The Hill.

“Firm disowns lobbyist selling anti-gay bill” by Mike Lillis and Rebecca Shabad in The Hill.

“More downsizing at Patton Boggs” by Megan R. Wilson in The Hill.

Virginia: “Report: Va commerce secretary broke lobbying rule” by The Associated Press in The Washington Post.

Campaign Finance

“Worse Than it Looks? How to Depict Big Money in Politics.” by Ciara Torres-Spelliscy in the Brennan Center for Justice Blog.

Louisiana: “Louisiana politicians who owe $908,000 in fines for campaign finance violations: List” in The Times-Picayune.

Pennsylvania: “New Website Design Aims to Make Campaign Finance Reports Easier to Find” by Deanna Garcia in WESA/NPR News.

Utah: “Bill would impose fine for late campaign finance reporting” by Dennis Romboy in Deseret News.

Political Advertising

Rhode Island: “R.I. panel proposes repealing law banning anonymous, negative campaign literature” by Philip Marcelo in the Providence Journal.

Ethics

Missouri: “Missouri lawmakers divided on ethics law process” by Jordan Shapiro (Associated Press) in the Connecticut Post.

Missouri: “Ethics bills draw little praise from Missouri lawmakers they would regulate” by Virginia Young in the St. Louis Post-Dispatch.

A proposed ordinance setting a dollar limit for gifts has advanced out of committee. On February 24, the City Council’s Committee on Law and Government voted to submit the bill for Council action.

The proposed ordinance prohibits gifts exceeding $99 per calendar year to any city officials or employees, and bans all cash gifts.

The ordinance could pass as early as next week.

Lobbying

“Lobbying Goes Underground: Influence spending now largely off-the-books” by Lee Fang in Politico.

“Largest Lobbying Organization Spends $312K for U.S. Senate Leader” by Kent Cooper in Roll Call.

“Soros group triples its lobbying spending” by Holly Yeager in The Washington Post.

“K Street rumor mill in overdrive” by Bernie Becker and Kevin Bogardus in The Hill.

“Lobbying shop McBee Strategic represents the changing business of influence” by Holly Yeager in The Washington Post.

California: “State lobbying efforts extend to local, regional agencies” by John Howard in the Press Democrat.

Illinois: “Mid-size Illinois cities to form lobbying alliance” by The Associated Press in The State Journal-Register.

New York: “Buffalo Benefited Little From Lobbyists That Were Improperly Paid” by Jeff Preval on WGRZ News.

Campaign Finance

“How ‘the next Citizens United’ could bring more corruption — but less gridlock” by Richard L. Hasen in The Washington Post.

“Dems learn to love super-PACs” by Alexander Bolton in The Hill.

“At last! Sleeker super PACs give rich more options to boost clout” by Zachary Roth on MSNBC.

California: “Bills strengthen campaign finance reporting laws, will require more disclosure from nonprofit” by Fenit Nirappil (Associated Press) in The Republic.

California: “California campaign finance reporting bills on verge of governor’s desk” by Jeremy B. White in the Sacramento Bee.

Hawaii: “Hawaii election campaign fund needs boost” by The Associated Press in the Sun Herald.

Kansas: “Kan. Senate panel OKs campaign finance changes” by The Associated Press on KFDA News.

New York: “Push for public financing of NY campaigns resumes” by Michael Gormley in Newsday.

Rhode Island: “National Rifle Association pays off $63,000 R.I. campaign finance fine” by Philip Marcelo in the Providence Journal.

Ethics

California: “Fraud, bribery cases won’t affect state elections much, analysts say” by Chris Megerian and Melanie Mason in the Los Angeles Times.

South Carolina: “SC Senate ethics bill wouldn’t change oversight” by Seanna Adcox in the Houston Chronicle.

South Carolina: “State House: A look at the proposed compromise on ethics reform” by Adam Beam in The State.

Vermont: “Vt. bills spur conflict-of-interest questions” by Dave Gram (Associated Press) in the San Francisco Chronicle.

Congress

“The Top 10 Legislative Issues to Watch in 2014” by Liz Farmer, Chris Kardish, J.B. Wogan, Mike Maciag, Ryan Holeywell in Governing.

Government Tech and Social Media

New York City: “Digital Engagement Starting to Be New Normal in New York City Council and City Hall” by Miranda Neubauer in TechPresident.

National:

Last Call for State Parties?

Politico – Byron Tau | Published: 2/16/2014

State party officials across the country say the increase in money going to super PACs, nonprofits, and presidential campaigns has made fundraising more difficult. Some of those outside groups are starting to take over the traditional local roles state parties play, spending big on voter contact and outreach operations. The effect is that candidates can be more beholden to national organizations or single-issue groups rather than state party leaders.

Federal:

A Wave of Capitol Hill Retirements May Force Some Lobbyists to Rebrand Themselves

Washington Post – Holly Yeager | Published: 2/17/2014

The retirements of several powerful members of Congress are affecting former aides that have moved to K Street. Across a variety of areas, the departures – more than two dozen at last count – are prompting former Capitol Hill staffers whose biographies boast of their high-level connections to try to reassure their lobbying clients that they bring more to the job than links with their old bosses.

From the States and Municipalities:

California – Ex-SF Supervisor Yaki Heads off Suit, Pays $75K

San Francisco Chronicle – John Coté | Published: 2/20/2014

Former San Francisco Supervisor Michael Yaki agreed to pay $75,000 to settle a lawsuit in which the city alleged he was an unregistered lobbyist who broke the municipal lobbying law “in every way.” The proposed settlement would be the largest payment in state history to resolve allegations of unreported lobbying. Yaki also must register retroactive to 2012 and report all of his contacts with city officials from that point forward.

California – San Francisco 49ers Drop Embattled Lobbyist Kevin Sloat

San Louis Obispo Tribune – Laurel Rosenhall and Christopher Cadelago (Sacramento Bee) | Published: 2/14/2014

The San Francisco 49ers fired their Sacramento lobbying firm, Sloat Higgins Jensen and Associates, after the company was fined $133,500 by the California Fair Political Practices Commission for violating the state’s lobbying laws. Kevin Sloat acknowledged hosting elaborate fundraising parties for nearly 40 politicians, providing liquor, cigars, and other hospitality that amounted to campaign contributions that are prohibited from lobbyists.

Florida – Should David Beckham Have Registered as a Miami-Dade County Hall Lobbyist?

Miami Herald – Patricia Mazzei | Published: 2/14/2014

In June, during his early days exploring Miami as a location for his expansion Major League Soccer franchise, David Beckham and his investors had meetings with local officials. Now, Miami-Dade’s ethics commission is examining whether Beckham and his partners broke any rules requiring lobbyists to register with county government before making a pitch to public officials.

Louisiana – David Vitter’s Super PAC Challenges Louisiana’s Campaign Contribution Limits

New Orleans Times Picayune – Julia O’Donohue | Published: 2/18/2014

A super PAC set up to support U.S. Sen. David Vitter and his 2015 gubernatorial run is asking a federal court to rule Louisiana’s cap on donations to PACs unconstitutional. The Fund for Louisiana’s Future argues the state is restricting political speech by imposing a contribution limit on PACs of $100,000 per four-year election cycle from individuals, corporations, and unions. It wants the court to make a decision before April 5, when the next round of Louisiana’s local and state elections take place.

New Jersey – Trenton Mayor Tony Mack May Not Be Leaving Office Anytime Soon

NJ.com – Alex Zdan and Jenna Pizzi | Published: 2/16/2014

Trenton Mayor Tony Mack has refused to step down after he was found guilty February 7 on corruption charges. His conviction in a federal court does not trigger his automatic removal from office; without a resignation, Mack will remain mayor until state prosecutors can get a judge to sign off on an order of forfeiture. Removal after a conviction in state court is automatic, but not if the official is tried by federal prosecutors as Mack was.

New York – JCOPE Returns to Waivers

Albany Times Union – Casey Seiler | Published: 2/18/2014

At a recent meeting, members of the Joint Commission on Public Ethics debated exemptions to rules that require the disclosure of donors by nonprofit groups that engage in lobbying. The controversy over the exemptions began last summer, when it was revealed the state arm of the pro-choice group NARAL had been granted an exemption, prompting Republicans to complain that the panel had created a secret path for political giving.

North Carolina – Duke’s Giving Favored the GOP as Lawsuits Threatened, Watchdog Group Says

Raleigh News & Observer – Bruse Henderson | Published: 2/14/2014

North Carolina Gov. Pat McCrory denied he had any talks with Duke Energy executives or lobbyists about his administration’s now scuttled deal to settle environmental violations at two of the company’s coal ash dumps. McCrory worked at Duke 28 years before retiring to make his first run for governor in 2008. On a state disclosure form, McCrory last year indicated his investment portfolio includes holdings of Duke stock valued in excess of $10,000, though he is not obligated to disclose the specific amount.

Oregon – Oregon Secretary of State Kate Brown Modifies Elections Rules as Website Breach Keeps Databases Offline

Salem Statesman Journal – Hannah Hoffman | Published: 2/19/2014

The Oregon secretary of state’s office shut down most its public online systems after detecting an intrusion into its website. Secretary of State Kate Brown is waiving fines for missing a campaign finance reporting deadline while ORESTAR remains down.

South Carolina – SC Poised to Elect First Black Candidate to Statewide Office

The State – Adam Beam | Published: 2/18/2014

The last time South Carolinians elected an African-American to statewide office was 1872, when Richard Howell Gleaves was elected the state’s second – and last – black lieutenant governor. The black community’s political influence was squashed in 1895 when then-Gov. Ben Tillman rewrote the state constitution, which is still in place today, to virtually eliminate all black influence in state politics. Now, 142 years later, that influence appears to be returning, albeit it in small steps.

Vermont – No Second Bite at Campaign Finance Limits

Rutland Herald – Neal Goswami (Vermont Press Bureau) | Published: 2/14/2014

The Vermont House defeated an attempt by one member to delay implementation of the state’s new campaign finance law until 2019. Rep. Cynthia Browning tried to add the delay as an amendment to a bill making a technical correction to the campaign finance law signed by Gov. Peter Shumlin in January. Browning and other critics have charged it did too little to clamp down on the influence of wealthy political donors.

Wisconsin – Scott Walker, Eyeing 2016, Faces Fallout from Probes as Ex-Aide’s E-mails Are Released

Washington Post – Rosalind Helderman | Published: 2/20/2014

Thousands of recently unsealed documents link Wisconsin Gov. Scott Walker to a secret email system used in his office that would avoid public scrutiny when he was Milwaukee County executive. The documents show just how intertwined Walker’s campaign operation was with his taxpayer-paid county staff in the months leading to the November 2010 election. It is against state law for public employees to work for political parties and campaigns while being paid by taxpayers to provide government services.

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

“Americans for Prosperity registers to lobby” by Megan R. Wilson in The Hill.

“Institutions target lobbying disclosure, raising Trayvon Martin case” by Barry B. Burr in Pensions & Investments.

Campaign Finance

“Firewalls Crumble at Federal Election Commission” by Kent Cooper in Roll Call’s Political MoneyLine.

Minnesota: “Trevor Potter of ‘Colbert Report’ explains campaign finance laws at U of M event” by Eric Black in MinnPost.

Oregon: “State refuses comment on ORESTAR security breach” by Hannah Hoffman in the Statesman Journal.

Oregon: “Tigard ballot measure: With ORESTAR still offline, concerns raised about campaign finance” by Luke Hammill in The Oregonian.

Wisconsin: “Wisconsin Gov. Scott Walker under fire in campaign finance probe” by The Associated Press on CBS News.

Ethics

Arkansas: “Backers of ballot proposal to tighten Ark. campaign finance, lobbying rules told to try again” by The Associated Press in The Republic.

Hawaii: “Hawaii Ethics Commission Examines How Lawmakers Spend Their Allowances” by Nathan Eagle in the Honolulu Civil Beat.

Vermont: “Stowe representative pushes ethics bill” by Anne Galloway in the Waterbury Record.

Open Government

Mississippi: “3 ‘transparency’ bills head to Senate for consideration” by Tyler Cleveland in the Madison County Journal.

Government Tech and Social Media

“U.S. ranks sixth in use of digital government” by Frank Konkel in FCW.

Lobbying

“Bottom Line” in The Hill.

“Could ʹThe Lobbyʹ Bring Crowdfunding To US Lobbying Efforts?” by Charles Luzar in Crowdfund Insider.

Missouri: “Missouri Senate panel weighs revolving door policy on lobbying” by The Associated Press in KDSK News.

Oregon: “Oregon interest groups spent $33 million lobbying on state legislation last year” by Jeff Mapes in The Oregonian.

Campaign Finance

Arizona: “Lawmakers seek to shine light on anonymous campaign contributions” by Howard Fischer in the Arizona Daily Star.

California: “ʹWar roomʹ alleged for illicit campaign funds” by Kristina Davis in The San Diego Union-Tribune.

New York: “Campaign finance reformers take a hard line” by Jordan Carleo-Evangelist in the Albany Times Union.

Political Campaigns

New York: “NY ethics panel proposes 90-day broadcast blackout” by The Associated Press in The Wall Street Journal.

On February 13, the Texas Ethics Commission issued an advisory opinion concerning the requirements of lobbyists to disclose office holders or candidates compensating or reimbursing the lobbyist for services from political contributions.

In Ethics Advisory Opinion No. 515, the commission held that while a lobbyist must disclose in a registration the full name and address of a candidate or officeholder who uses political contributions to compensate or reimburse the lobbyist, he or she is not required to disclose compensation or reimbursement received by an entity for services rendered by someone other than the lobbyist or a person acting as an agent of the lobbyist.

Lobbyists must disclose the full name and address of a candidate or officeholder who uses political contributions to compensate or reimburse an entity that employs or hires the lobbyist to render services for the candidate or officeholder.

Q. I am a registered lobbyist and on occasion I use my personal funds to make political contributions, as does my spouse.  Are there states that prohibit such activity?

A. A lobbyist, simply by virtue of his or her profession, may be prohibited from making personal political contributions.

There are nine states that either prohibit or limit a registered lobbyist’s ability to contribute to state candidates. In most instances, a lobbyist’s ability to contribute to political parties and ballot measure committees remains intact.

Kentucky, North Carolina, and Tennessee impose an outright ban on lobbyists’ contributions. In Connecticut and Massachusetts, there isn’t an outright ban, but instead a monetary limit of $100 and $200, respectively. In Connecticut, the limitation extends to family members of lobbyists.

Perhaps the state most mired in “red tape” is Alaska. A lobbyist may not contribute to a candidate for office in a district outside the lobbyist’s own voting district. This prohibition continues for one year after a lobbyist’s registration or renewed registration date. A lobbyist who contributes to a legislative candidate must file a Lobbyist Report of Contributions to Legislative Candidates (Form 15-5A) within 30 days after making the contribution.

In some states, lobbyists may not contribute to state candidates or officeholders if registered to lobby the candidate’s or officeholder’s agency. Such is the case in California and South Carolina.

Finally, as a registered lobbyist you should be aware there are numerous states that impose a lobbyist ban during the legislative session. Be sure to review the relevant statutes, regulations, and guidelines.

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(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.