The Joint Commission on Public Ethics is performing maintenance on its Lobbying Online Filing System beginning today.

The system will not be accessible starting Friday at 4 p.m. through Monday until 8:00 a.m.

Filers will be unable to log into the system and no electronic filings or amendments will be accepted while the system is down.

Also, the data contained in the system will not be accessible by the public during the shutdown.

Lobbying

“New lobbying business slows to a trickle” by Byron Tau in Politico.

“For K St., nowhere to go but up” by Kevin Bogardus and Megan R. Wilson in The Hill.

“Under contract” in The Hill.

“Major Dem fundraiser closes lobby shop” by Megan R. Wilson in The Hill.

“ʹLobbyistʹ Not Curse Word to All Influencers” by Dave Levinthal in The Center for Public Integrity.

“Ex-congressman lobbies for group he used to fund” by Paul Singer in USA Today.

“SpaceX Launches Second Lobbying Team” by Kent Cooper in Roll Call’s Political MoneyLine.

San Francisco: “S.F. lobbying laws due for tightening” in the San Francisco Chronicle.

Campaign Finance

“Deals on campaign finance, corruption likely in Albany” by Yancey Roy in Newsday.

“All Senate Freshmen Now Have Personal PACs” by Kent Cooper in Roll Call’s Political MoneyLine.

Maine: “Use of ‘large, untraceable expenditures’ to influence Maine elections jumps 600 percent, report says” by Mario Moretto in the Bangor Daily News.

Michigan: “Legislature approves increase in campaign contributions, but says some donors can stay anonymous” by The Associated Press in Crain’s Detroit Business.

Missouri: “Nixon urges Missouri campaign contribution limits” by Bill Draper (Associated Press) in the Columbian Missourian.

Vermont: “Ruling on super PACs may ripple in Vt.” by Neal Goswami in the Times Argus.

Ethics

“The Year in Congressional Ethics | A Question of Ethics” by Simon Davidson in Roll Call.

Alabama: “Alabama ethics Director Jim Sumner wins national award for his work” by The Associated Press in The Republic.

Georgia: “Subpoenas related to Ga. gov’s ethics complaints” by Christina A. Cassidy (Associated Press) in The Atlanta Journal-Constitution.

Kentucky: “Former lawmaker won’t face sanctions from House” by Roger Alford (Associated Press) in the San Francisco Chronicle.

West Virginia: “W.Va. ethics panel admits open meetings violation” by The Associated Press in The Herald Dispatch.

West Virginia: “For first time in years, Ethics Commission full” by Phil Kabler in the Charleston Gazette.

Open Government

“This Group Could Make (or Break?) FOIA Reform” by Joseph Marks in Nextgov.

Government Tech and Social Media

“The Future of Election Monitoring” by Jessica McKenzie in TechPresident.

State school board member Bryan Williams resigned after allegedly violating provisions of the state ethics laws by lobbying the government for private interests. The law prohibits an elected member of a state board or commission from receiving compensation for services he or she performs personally on a matter before any state agency.

When first appointed to fill a vacant seat, an exemption in state law allowed Williams to simultaneously serve in a public position while advocating as a lobbyist. Upon his election in 2012, however, the exemption no longer applied. The Ohio Ethics Commission has not confirmed any investigation or future legal actions.

City Council President Herb Wesson abandoned a plan to increase the value of gifts lawmakers can accept from companies seeking city contracts, opting to leave the amount unchanged at $100.

In October, City Council instructed the city’s lawyers to draft an ordinance increasing the gift limit to $150, despite a recommendation by the Ethics Commission to prohibit most gifts of any value.

The city’s ethics law will continue to bar lobbyists from giving gifts to elected officials and other high-level decision makers.

Those who do not have business before the city will continue to be permitted to give gifts to elected officials within the state limit of $440 per year. –

Q. Our company, a federal registrant, is a member of numerous outside organizations.  We join many of these organizations for reasons other than their lobbying/government relations activities.  Even so, some of the organizations allocate a percentage of dues toward lobbying activities.  If we are not actively engaged in supporting the organization’s lobbying efforts, do we still need to include the lobbying allocation in our good faith estimate of lobbying expenditures.

A. Yes. The disclosure requirement in this regard is not dependent on the rationale behind why a registrant joins any given membership organization.  The reporting mandate requires every registrant to track and ascertain what portion, if any, of all dues it pays is used for lobbying activities.  The registrant is then required to include those allocations in their total lobbying expenses reported.

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.

National:

ALEC Facing Funding Crisis from Donor Exodus in Wake of Trayvon Martin Row

The Guardian – Ed Pilkington and Suzanne Goldenberg | Published: 12/3/2013

A conservative group that critics say has undue influence on public policy faces a funding crisis and possible legal trouble, show internal documents. The documents indicate the American Legislative Exchange Council is appealing to major donors for help in averting a financial crisis, and is establishing a new project with a different name to help remove “questions of ethical violations made by our critics and state ethics boards,” reported The Guardian.

State Supreme Court Judges Reveal Scant Financial Information

The Center for Public Integrity – Reity O’Brien, Kytja Weir, and Chris Young | Published: 12/4/2013

All 50 states and the District of Columbia have more lax financial disclosure rules for their high court justices than the disclosure requirements for federal judges, according to an analysis by the Center for Public Integrity. Some states do not require any disclosure of gifts to judges; others have limits but with loopholes. The center cited Iowa, which allows these judges to receive gifts worth any amount for their wedding or for their 25th and 50th wedding anniversaries.

Federal:

Capitol Metrics Bridges Lobbying and Data

Washington Post – Catherine Ho | Published: 12/1/2013

There were not many data-driven resources for lobbyists to research their competitors or potential merger partners. Then John Brain got the idea to create Capitol Metrics. It compiles lists of the top lobby firms by revenue, as well as the companies and associations that are spending the most on lobbying. Capitol Metrics also breaks down some of the data and packages it in a way that a lobbyist can better spot opportunities to pick up new business.

SEC Backs Off Corporate Giving Regs

The Hill – Ben Goad | Published: 12/2/2013

The Securities and Exchange Commission dropped a proposal to require publicly traded firms to disclose campaign spending to their shareholders from its list of regulatory priorities, a potential setback for watchdogs looking for ways to force some of the anonymous money in elections into public view. The issue drew more than 650,000 written comments, along with rebukes from trade groups, which argued the push was intended to silence of voice of business in politics.

From the States and Municipalities:

Arizona – Donation Cap for Political Campaigns Still in Place, for Now

East Valley Tribune – Howard Fischer (Capitol Media Services) | Published: 11/26/2013

The Arizona Supreme Court rejected a bid by top Republican lawmakers to allow campaign donors to give more while the justices review the legality of the increase. The justices agreed to give the GOP interests a chance to convince them the Court of Appeals erred in ruling the Legislature acted unconstitutionally earlier this year in approving the sharp increase. A hearing is set for December 17.

District of Columbia – Council Unanimously Approves Campaign Finance Reform Legislation

DCist.com – Matt Cohen and Sarah Anne Hughes | Published: 12/4/2013

The District of Columbia Council unanimously passed a campaign finance reform bill recently. The legislation will restrict contributions from related businesses and require campaigns to report all fundraising data online. The bill also limits money order donations to $100. Lobbyists will have to disclose any contributions bundled and forwarded to a campaign.

Louisiana – Super PAC Backing Sen. David Vitter Says State Has No Choice, Must Lift $100,000 Contribution Limit

New Orleans Times Picayune – Bruce Alpert | Published: 12/4/2013

The Fund for Louisiana’s Future, the super PAC created to support U.S. Sen. David Vitter, wants to end enforcement of the state’s $100,000 limit on independent committee donations. The U.S. Supreme Court’s 2010 ruling that equated spending on independent political expenditures with free speech, and a follow-up decision by a federal appeals court, makes it clear that such limits are unconstitutional, say lawyers for the PAC. Groups favoring limits on campaign spending do not necessarily disagree.

Minnesota – ‘Free Lunches’ Back on Menu for Minnesota Legislators

Minneapolis Star Tribune – Abby Simons | Published: 12/3/2013

For the first time in 19 years, Minnesota lawmakers and their staff will be allowed to eat and drink for free at receptions hosted by special interest groups, as long as all 201 legislators are invited at least five days in advance. Backers of the new law say the easing of what once was one of the strictest gift bans in the nation was needed as a way to restore camaraderie in an increasingly polarized Legislature. The law still prohibits lawmakers from accepting gifts in more exclusive gatherings.

Missouri – Prefiled Bills Suggest Ethics Reform on Agenda

Springfield News-Leader – Jonathan Shorman | Published: 12/4/2013

Eight ethics reform bills have been filed in the Missouri Senate by members of both parties. Senate Bill 486 would cap the amounts any one donor may give to a candidate: $25,000 for gubernatorial and statewide candidates, $10,000 for senators, and $2,500 for representatives and other public offices. Senate Bill 512 requires lawmakers to reimburse lobbyists for expenses within 30 days.

Nevada – Nevada Supreme Court Upholds Ethics Laws

San Francisco Chronicle – Sandra Chereb (Associated Press) | Published: 11/27/2013

The Nevada Supreme Court upheld the state Ethics Commission’s censure of a former Sparks City Council member who voted for a casino project even though his campaign manager was a consultant on the project. The decision reversed an earlier high court opinion that found the ethics law prohibited Councilperson Michael Carrigan from exercising his First Amendment rights to free speech.

New Mexico – New Mexico’s ‘Revolving Door’

Albuquerque Journal – Dan Boyd | Published: 11/29/2013

New Mexico lawmakers are free to resign one day and start lobbying the next. A recent report by a watchdog group identified 26 former legislators who work as lobbyists. Critics say the “revolving-door” practice erodes public trust in government by allowing former lawmakers to cash in on their expertise and connections with former colleagues.

New York – Report: Reform can’t wait

Albany Times Union – Casey Seiler | Published: 12/2/2013

A state commission investigating public corruption in New York recommended a system of public financing for state elections, an independent election-law enforcement agency, and stricter disclosure policies for legislators, saying a “permissive culture of both illegal and legal corruption” must change. Gov. Andrew Cuomo is expected to use the panel’s suggestions as the basis for a series of ethics law changes in 2014.

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.

The Government Accountability Board has updated the lobbying website at https://lobbying.wi.gov.

Visitors to the site can search by lobbyist or lobbyist principal to view total lobbying hours by lobbyists and total lobbying expenditures by lobbyist principals.

A lobbyist principal’s entire report can also be accessed, including the subject matter of lobbying efforts.

Lobbying

“Partying Within the Rules | K Street Files” by Kate Ackley in Roll Call.

“San Francisco sues former Supervisor Michael Yaki” by John Coté in the San Francisco Chronicle.

Campaign Finance

“Mitch McConnell’s Campaign Stumbles on Easy Steps” by Kent Cooper in Roll Call’s Political MoneyLine.

Delaware: “State prepares to roll out campaign finance website” by James Dawson on NPR.

New York: “Future Of Public Campaign Finance Uncertain” by Karen DeWitt in WAMC Northeast Public Radio.

Ethics

Hawaii: “City’s lawyer subverting ethics panel, director says” by Gordon Y.K. Pang in the Honolulu Star Advertiser.

Kentucky: “Ethics Reporter: Celebrating 20 years of one of most comprehensive ethics laws in nation” by the Kentucky Legislative Ethics Commission in KyForward.

Virginia: “Ethics reforms unlikely to include criminal penalties, Marshall says” by Andrew Cain in the Richmond Times-Dispatch.

Congress

“Play of the Day: The Do-Nothing Congress Sets a Record” by Reena Flores in Government Executive.

“ʹDo-Nothingʹ Label Belongs to Democrats, Boehner Says (Video)” by JM Rieger in Roll Call.

“Voting By Electronic Device — In the Senate?” by Niels Lesniewski in Roll Call.

Government Tech and Social Media

“Ruck.us Dies Down; Yet Another Political Social Network Goes Bust” by Micah Sifry in TechPresident.

“California Lt. Governor Wants Cloud and Open Data Policies” by Brian Heaton in Government Technology.

“In Ottawa, Open Data App Competition Mysteriously Disappears” by Jessica McKenzie in TechPresident.

“For Some Feds, the Mobile Revolution Means the Workday Never Ends” in NextGov.

At any given time, more than 1,000 legislative bills, which can affect how you do business as a government affairs professional, are being discussed in federal, state, and local jurisdictions. These bills are summarized in State and Federal Communications’ digital encyclopedias for lobbying laws, political contributions, and procurement lobbying and can be found in the client portion of our website.

Summaries of major bills are also included in monthly email updates sent to all clients. The chart below shows the number of bills we are tracking in regard to lobbying laws, political contributions, and procurement lobbying.

Carol Carson is the executive director of the Connecticut Office of Government Accountability. In September she provided her Top 10 Tips at the Practising Law Institute’s Campaign Finance and Lobbying program in Washington, DC.

10.   Register. Register. Register.

9.     In Connecticut, you are required to wear your lobbying badge… So wear your lobbying badge.

8.     Keep contemporaneous records.

7.     Get advice from the agency. We are here to help.

6.     If you mess up, fess up.

5.     Don’t play us.

4.     Work with us.

3.     Lobbying is a self-policing industry.

2.     Video surveillance is everywhere.

1.   We would rather help you get it right then catch you doing it wrong.

We are huge fans of Carol Carson because she is out there working with the registered community to file accurate and timely reports. Everyone should use her Top 10 Tips to manage compliance.

It is a busy time of the year. Make sure your 2014 registrations are in order. Need help, call us. We Comply.

Thank you,

Elizabeth Bartz

President and CEO

@elizabethbartz

Lobbying

“K Street shop closing after three decades” by Kevin Bogardus in The Hill.

“Lobbying World” in The Hill.

“Bottom Line” in The Hill.

“Lobbying Dollars Drop Off During Least Productive Congress” by Amanda Terkel in the Huffington Post.

“Intense lobbying threatens farm bill” by Dave Rogers in Politico.

California: “Local government, agencies ring up sizable lobbying tabs in D.C.” by Raju Chebium and Jeff Mitchell in The Californian.

Missouri: “Trips, golf and World Series tickets; Missouri lobbyists gifts surge in October” by Walker Moskop in the St. Louis Post-Dispatch.

Campaign Finance

“Campaign-Finance Reformers Criticize SEC Move” by Thomas Catan in The Wall Street Journal.

“Donʹt support ʹcampaign finance reformʹ? Try combating ʹcorruptionʹ” by Michael Beckel in The Center for Public Integrity.

California: “San Bernardino to require online filing of campaign finance statements” by Ryan Hagen in The Sun.

District of Columbia: “DC Approves Campaign Finance Reforms” by Alisha Green in the Sunlight Foundation Blog.

Maryland: “Mizeur to accept public financing” by Michael Dresser in The Baltimore Sun.

Michigan: “Controversial Michigan campaign finance bill would double special interest group donation limits” by Jonathan Oosting in Michigan Live.

New York: “Mayoral campaigns to repay $6.8M in public matching funds” by Greg B. Smith in the New York Daily News.

New York: “Moreland Commission report draws reaction from both sides” by Karen Dewitt in WRVO Public Media.

Virginia: “$3 Million Funneled into Virginia’s November Election” by Kent Cooper in Roll Call’s Political MoneyLine.

Elections

“Elections Forecast Helps Kick Off NCSL Fall Forum” by Michael D. Hernandez in the NCSL Blog.

Lobbying

California: “Coachella Valley, Riverside County agencies spend big on lobbying” by Raju Chebium in The Desert Sun.

New Mexico: “New Mexico lawmakers commonly become lobbyists” by The Associated Press in the Seattle Post-Intelligencer.

Oklahoma: “Lobbying limits in state up for debate” by Wayne Greene in Tulsa World.

Campaign Finance

“IRS should keep its mitts off ‘political activity’” editorial piece in the Arizona Republic.

“Feds target nonprofit campaign spending; practice spreads to Wyoming U.S. Senate race” by Karl Roerink in the Star-Tribune.

“Campaign Finance Disclosure” by Sandy Hausman on WVTF Public Radio.

“New PACs To Make Government Work with Bipartisanship” by Kent Cooper in Roll Call.

“FEC Slaps Jesse Jackson Jr. Committee with a $7,150 Fine” by Kent Cooper in Roll Call.

New York: “Albany’s campaign-finance law fight appears to cool” by Yancey Roy in Newsday.

New York: “NYPIRGʹs plan to fix corruption” by Dan O’Regan in the Legislative Gazette.

Ethics

“Ethics panel defers to Justice in Rep. Grimm probe” by The Associated Press in the Las Vegas Sun.

Nevada: “Nevada Supreme Court upholds ethics laws” by Sandra Chereb (Associated Press) in the Miami Herald.

South Carolina: “Lawmaker facing ethics case for use of state plane” by The Associated Press in The Morning News.

In honor of Thanksgiving and the short work week, we are publishing our weekly News You Can Use Digest today, instead of Friday.

Federal:

How Much Lobbying Is There in Washington? It’s DOUBLE What You Think

Sunlight Foundation – Tim LaPira | Published: 11/25/2013

The Sunlight Foundation attempted to find out the amount of lobbying that goes on in Washington D.C., but found that quantifying the number is needlessly difficult. It did say about half of those involved in policy advocacy – the term used in the analysis for people in the private sector getting paid to influence public policy, regardless if they meet the strict federal definition of “lobbyist” – did not report lobbying activities in 2012.

Obama Administration Proposes New Curbs on Campaigning by Tax-Exempt Groups

Wall Street Journal – John McKinnon and Brody Mullins | Published: 11/26/2013

Rules proposed by the Obama administration would curtail a broad array of tax-exempt entities’ political activities, including advertising and voter registration. The involvement in politics of groups organized under section 501(c)(4) of the tax code has been viewed by many as the biggest abuse of modern campaign finance rules. The process of completing the new regulations could take months, and officials said they expected a lot of feedback.

Stockman’s Filings Don’t Explain His Income

Houston Chronicle – Lise Olsen and Will Tucker | Published: 11/25/2013

U.S. Rep. Steve Stockman (R-Texas) has failed to properly disclose his financial dealings as candidate and member of Congress. A Houston Chronicle investigation shows Stockman has failed to file federally required expense documents since his 2012 campaign; those he did file were months late and only prompted more questions.

From the States and Municipalities:

California – Political Watchdog Seeks More Bite with New Law

San Francisco Chronicle – Melody Gutierrez | Published: 11/22/2013

The California Fair Political Practices Commission is trying to collect almost $3 million in past fines, and a new law that takes effect on January 1 will aide those efforts. The law allows tax and property liens, along with wage garnishments, for those who have outstanding fines. Commission officials said it can take more than a year to navigate civil courts to obtain those judgments, but under the new law, that time will be reduced to a few months.

Connecticut – After School Shooting, Newtown-Based Gun Industry Group Considered Leaving Town

Columbus Republic – Susan Haigh (Associated Press) | Published: 11/22/2013

The National Shooting Sports Foundation considered moving its offices from Newtown, Connecticut after last year’s shooting at Sandy Hook Elementary School. With employees confronted by angry neighbors and protesters appearing outside its headquarters, foundation officials said they had to determine whether having the name of Newtown associated with the organization would affect its mission to promote hunting and shooting sports.

Iowa – Iowa Ethics Board to Consider New Standards for Reviewing Donations from Trusts

Des Moines Register – Jason Noble | Published: 11/22/2013

Staff members for the Iowa Ethics and Campaign Disclosure Board will develop new standards for auditing PACS that receive contributions from entities other than individuals. The move could lead to new procedures for reviewing donations from trade associations, LLCs, partnerships, and trusts. The board will hear proposals for the new guidelines at its next meeting and could act to implement them at that time.

Louisiana – State Plans to Go After Bank Accounts, Licenses of Officials with Pending Ethics Fines, Treasurer Says

New Orleans Times Picayune – Lee Zurik (WVUE) and Manuel Torres | Published: 11/22/2013

Louisiana’s Debt Recovery Office will be used to crackdown on officials, political groups, and lobbyists that owe more than $1.2 million in ethics fines. The new office will have the power to collect money directly from the personal bank accounts of those with outstanding state debts. It also will be able to suspend debtors’ state licenses, including licenses for professional accreditations, and even for hunting and fishing.

Maryland – Brown Hosts Influential Guests in Redskins Stadium Skybox

Baltimore Sun – Luke Broadwater and Michael Dresser | Published: 11/22/2013

Maryland Lt. Gov. Anthony Brown, who is running for governor, has hosted lobbyists, campaign donors, and union leaders in the state’s skybox at FedEx Field for Washington Redskins’ games. Ethics rules prohibit politicians from accepting sporting tickets as gifts from those who do business with the state, but they say nothing about politicians distributing such tickets.

New Jersey – NJ Businesses Paying Top Dollar for Access to Republican Governors Association

Bergen Record – Melissa Hayes | Published: 11/24/2013

Of the $24 million the Republican Governors Association (RGA) raised in the first six months of the year, New Jersey benefactors gave $1.6 million. Montclair State University professor Brigid Harrison said corporations who see Gov. Chris Christie as a potential presidential candidate could increase their donations to the RGA while he is chairperson next year to get his attention and “curry favor” with someone who could go on to the White House.

New York – Legislators Seek to Kill Subpoenas

Albany Times Union – Rick Karlin and Jordan Carleo-Evangelist | Published: 11/22/2013

State lawmakers filed court papers to block subpoenas from the Moreland Commission on Public Corruption that seek information about elected officials’ sources of outside income. The central question is whether the century-old Moreland Act gives gubernatorial appointees the power to subpoena lawmakers, or whether the constitutional separation of powers provides protection from probes.

Oklahoma – Late Campaign Reports Rack Up $723,000 in Fees

Tulsa World – Barbara Hoberock and Curtis Killman | Published: 11/26/2013

A Tulsa World analysis indicates at least 2,700 campaign finance reports, amounting to about 10 percent of the total number filed in Oklahoma, were sent in late. The amount in late fees came to at least $723,300. The Oklahoma Ethics Commission will send notices to 250 PACs believed to owe penalties for not meeting the deadlines. The agency is looking at reports filed since August 2011, but has not ruled out going further back.

Virginia – Virginia Campaign Mailings Attract Scrutiny

Roanoke Times – Mike Gangloff | Published: 11/20/2013

An arrangement for low rates on campaign mailers that some Virginia General Assembly members and candidates describe as standard seems to violate U.S. Postal Service requirements, said Katina Fields, a spokesperson in the postal service’s Washington, D.C. headquarters. At issue is how closely state Democratic and Republican parties coordinate their activities with the individual campaigns of their candidates.

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.

The Saskatchewan government has introduced legislation requiring paid lobbyists to register with the province. The impetus for the legislation is public accountability for the actions of lobbyists.

The proposed law would cover people paid to lobby elected officials on behalf of organizations or groups. It includes a provision for electronic registration.

Saskatchewan is one of the last Canadian provinces to pass legislation for lobbyist registration.