November 1, 2012 •
Thursday News Roundup
Lobbying, Campaign Finance, Ethics
From the States
“Capitols After Dark: A Haunting Prospect” by Mark Wolf in NCSL’s The Thicket.
Lobbying
“Romney Would Limit Lobbyist Roles” by Damian Paletta and Brody Mullins in The Wall Street Journal.
Campaign Finance
“Billionaires, outside groups fueled pricey campaigns” by The Associated Press in the Dallas Morning News.
“30 Issues: Why You Should Care About … Campaign Finance” by Ibby Caputo on WGBH.
California: “Limit on campaign contributions may be increasing the spending of outside groups” by Stephen Hobbs in the Richmond Confidential.
Ethics
“City Council OKs overhaul of ethics board” by Fran Speilman in the Chicago Sun Times.
Campaigns and Elections
“Romney Campaign Will Use Smartphones To Track Voter Turnout” by Sarah Lai Stirland in TechPresident.
“Why there won’t likely be an electoral vote/popular vote split — in one map” by Chris Cillizza in The Washington Posts’ The Fix.
November 1, 2012 •
Ask the Experts – In-Kind Contribution, or Lobbying Expenditure?
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. I am a registered lobbyist who was asked to make an in-kind contribution on behalf of my company for an event to be held by a state political party. Is this permissible?
A. As a registered lobbyist, your contributions may be governed by two sets of laws: campaign finance and lobbying.
First, you must determine whether the state would consider the in-kind payment to be a contribution or a lobbying expenditure.
If the in-kind payment is determined by the state’s governing body to be a contribution, then this contribution must be compliant with the campaign finance laws. You must first determine if the amount and source of funding are permissible. Assuming permissibility of the contribution, potential restrictions on contributions facilitated by lobbyists and the reportability of contributions facilitated by lobbyists will need to be reviewed. In some states, once the in-kind contribution is made, the lobbyist and the lobbyist’s principal may not have additional involvement with the planning of the event, but will be permitted to attend.
Where the state considers the in-kind payment to be a lobbying expenditure and not a political contribution, you must ensure that the expenditure will not exceed the state’s gift limit. The pro-rata share of the expenditure attributable to all public officials who attend the event may be reportable on a disclosure report.
While this analysis will vary from state to state, it is important to be cautious when making in-kind payments.
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.
October 31, 2012 •
Wednesday Lobbying and Campaign Finance News
Here is our government relations news roundup for today:
Lobbying
“K Street Lobbyists Ready for Post-Sandy Disaster Aid Requests” by Kate Ackley and Janie Lorber in Roll Call.
“The Hill’s 2012 Top Lobbyists” in The Hill.
“5 Wisconsin lawmakers settle suit with groups seeking ALEC emails” by Jason Stein in the Milwaukee Journal Sentinel.
Campaign Finance
“Outside cash trumps candidates’ in half a dozen tight races” by Kevin Bogardus and Megan R. Wilson in The Hill.
California: “Judge backs Jerry Brown, FPPC on Arizona campaign donations” by Kevin Yamamura in the Sacramento Bee.
Oklahoma: “Oklahoma candidates accept corporate contributions, afoul of state law” by Megan Rolland in The Oklahoman.
Oklahoma: “Chickasaw Nation leads state superPAC donors” by Randy Kehbiel in the Tulsa World.
Campaigns and Elections
“Where’s Your Polling Location? On IOS 6, There’s Now An App To Help You Find Out” by Sarah Lai Stirland in TechPresident.
October 29, 2012 •
Monday News Roundup
Let’s start off the week with these lobbying, campaign finance, and ethics news articles:
“Federal Offices, Metrorail System in Washington Closed Monday” in the National Journal.
Lobbying
“Lobby shop revenues continue fall” by Catherine Ho in the Washington Post.
“K Street Lobbyists Hit the Campaign Trail in Virginia” by Kate Ackley in Roll Call.
“Jack Abramoff on America’s bipartisan culture of corruption” by Joseph Cotto in the Washington Times.
Michigan: “Most term-limited Michigan officials stay in government or lobbying” in the Lansing State Journal.
Campaign Finance
“In state races, N.Y.C., Albany dominate campaign donations” by Jon Campbell in the Democrat and Chronicle.
Ethics
“Ron Paul-Inspired Group Lobbies for Bill Prompted by Paul Reimbursements” by Jonathan Strong in Roll Call.
Campaigns and Elections
“Campaign lawyers gear up for nail-biter election” by Michael Knigge in Deutsche Welle.
October 26, 2012 •
One Last News Roundup for the Week
Enjoy your weekend!
Lobbying
“American League of Lobbyists asks for end to registration loopholes” by Kent Hoover in the New Mexico Business Weekly.
“K Street’s Q4 Expectations” by Michael Catalini in the National Journal’s Influence Alley.
Ohio: “Ethics laws could get overhaul” by Jim Siegel in The Columbus Dispatch.
Campaign Finance
“Former IRS Official Accuses ALEC of Lying About Assets” by Janie Lorber in Roll Call.
“Poll: Majority wants corporate money out of politics” by Jordy Jager in The Hill.
California: “California Watchdog Sues Arizona Nonprofit over Secret Donation” by McClatchy News in Governing.
New York: “Bill: Jail campaign finance report scofflaws” by Rick Karlin in the Albany Times Union.
New York: “Super PAC clout under challenge” by Jimmy Vielkind in the Albany Times Union.
Campaigns and Elections
“Presidential election hits $2B fundraising mark” by Beth Fouhy in The Associated Press.
“Bing Releases ‘One-Stop-Shop’ for Election 2012 Info” by Alex Fitzpatrick in Mashable.
“Survey: Campaign contributors stick to traditional tools” by Josh Smith in Nextgov.
Ethics
Alaska: “Alaska state Senate candidate Bell fined $390 by APOC over disclosure requirement” by The Associated Press in The Republic.
October 26, 2012 •
News You Can Use Digest – October 26, 2012
Here are highlights from the latest edition of News You Can Use:
Federal:
K Street Flags Shortcomings of Lobbying Law
From the States and Municipalities:
Arizona
Judge: Listing of PAC contributors unconstitutional
California
California’s Campaign Finance Watchdog Agency Demands Names of Donors to Shadowy Arizona Group
California
Judge Rejects Former Bell Police Chief’s Bid to Double Pension
Florida
State Ethics Commission: David Rivera broke 11 ethics laws while serving in Florida Legislature
Georgia
Atlanta Region Sees Spike in Public Corruption Cases
Idaho
Idaho Sues to Force Disclosure of Secret Donations
Illinois
Appeals Court Allows Illinois Limits on Campaign Financing
Iowa
‘Donations’ to State Agency Let Landlords Avoid Charges
Kentucky
Ethics Panel Wants Lobbyists to Report Ad Spending
Montana
Supreme Court Won’t Block Montana Campaign Finance Law Ahead Of Elections
New Jersey
Infamous Federal Informant Solomon Dwek Is Sentenced to Six Years, Must Pay $22.8 Million
North Dakota
Campaigning Fargo Candidate Finds Body under Tree
Tennessee
With Registry’s Ruling, Burchett Case Closed
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.
October 24, 2012 •
Our Wednesday Government Relations News
Don’t miss the articles you need to keep up with the latest news about lobbying, campaign finance, and elections:
Lobbying
“K Street flags shortcomings of lobbying law” by Dave Levinthal in Politico.
“Lobbying spending goes up even with Congress away” by Dave Levinthal in Politico.
“K Street prepares for sequestration battle” by Kevin Bogardus in The Hill.
“Facebook continues record lobbying spending” by Jennifer Martinez in The Hill.
“Lobbying Groups Object to Proposed NY Ethics Regulations” by Chris Vest in Associations Now.
“Romney and the lobbysists” by Heath Brown in The Hill.
Campaign Finance
“Citizens United: What Obama, Romney would do about campaign finance reform” by Justin Elliott in the Alaska Dispatch.
“Mauled by Ads, Incumbents Look to Declaw Outside Groups” by Jennifer Steinhauer in The New York Times.
Campaigns and Elections
“Why Are Elections On Tuesdays?” by Selena Simmons-Duffin on NPR.
“Why Campaigns Are Happy Your Vote Isn’t as Private as Many Think It Is” by Nick Judd in TechPresident.
Tech and Social Media
“Federal website satisfaction dips slightly” by Joseph Marks in Nextgov.
October 23, 2012 •
Tuesday Lobbying and Campaign Finance News
Keep up with the latest government relations news with these articles:
Lobbying
“Campaign season idles K Street” by Kevin Bogardus and Megan R. Wilson in The Hill.
“K Street Lobbyists Decamp to the Campaign Trail” by Kate Ackley in Roll Call.
“Chamber ramps up lobbying spending” by Peter Schroeder in The Hill.
“Jack Abramoff: Congress members don’t know they’re being bribed” by Louis C. Hochman on NJ.com.
Michigan: “Stateside: Lobbying in Michigan, the ‘Wild, Wild West’” on Michigan Radio.
Ontario: “Fixing ‘user errors’ in city lobbying registry not officials’ job” by David Reevely in the Ottawa Citizen.
Campaign Finance
New York: “Spending big to take money out of politics” by Jimmy Vielkind in the Albany Times Union.
Colorado: “Springs considers new campaign finance rules” by Niel Chacón in the Colorado Springs Gazette.
Minnesota: “Minnesota serves as political campaign ATM” by Rachel E. Stassen-Berger in the Minneapolis Star Tribune.
Tech and Social Media
“Crush Robocalls, Win $50K” in Government Technology.
“Tool helps agencies manage social media messaging” in Nextgov.
October 22, 2012 •
S.C. Governor Initiates State Ethics Review by Executive Order
Independent commission to recommend changes in 2013
South Carolina Governor Nikki Haley has created an independent commission responsible for making recommendations to reform state ethics and open records laws.
The executive order establishes an 11-member panel to review several ethics areas including conflict of interest rules, lobbying regulation, and enforcement of existing laws.
The governor expects a report from the commission by January 28, 2013, just weeks after the beginning of the next legislative session.
Photo of Governor Haley courtesy of Albert N. Milliron on Wikipedia.
October 19, 2012 •
News You Can Use Digest – October 19, 2012
Here are highlights from the latest edition of News You Can Use:
Federal:
American Bridge Super PAC Uses Unique Research, Tracking Strategy to Hold Republicans Accountable
Lobbyists Ready for a Comeback under Romney
From the States and Municipalities:
Alabama
91-Year-Old Alabama Mayor Admits to $201,000 Theft
California
Campaign Watchdogs Say Arizona Group’s $11 Million Donation Exploits Loophole in California Law
Florida
Legislature’s New Leaders Back Tough Ethics Reform
Georgia
Loopholes Abound in Some Lobbyist Gift Bans
Illinois
City Axes Speed Camera Firm’s Bid, Citing Delay in Reporting Ethics Case
Montana
Montana Contribution Limits in Place through Election
New Jersey
Bergen Executive’s Veto of Changes to Political-Contributions Law Draws No Challenge
Ohio
Ohio Early Voting Cleared by High Court in Obama Victory
Oklahoma
Oklahoma Ethics Commission Will Lose Three Key Workers on Same Day
Pennsylvania
Lobbyists’ Checks Buy Lawmaker Access
Washington
Seattle City Council Revamps Campaign Finance Rules
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.
October 17, 2012 •
Santa Ana Passes Sunshine Ordinance
Additional Disclosures Will Not Include Lobbyist Registrations
City Council has passed the resident-driven Sunshine Ordinance with the intention to make city government more transparent. The ordinance requires builders to hold community meetings in connection with certain developments and calls for online posting of additional information regarding requests for proposals.
Although advocates originally proposed registration requirements for lobbyists, the new law provides only online access to city officials’ scheduled meetings with lobbyists and to information on forms already required to be filed by campaign committees and public officials.
The measure’s effective date will be November 14, 2012, 30 days from Monday’s final vote.
Photo of the Santa Ana City Hall courtesy of Eli Pousson on Wikipedia.
October 16, 2012 •
Tuesday Lobbying and Campaign Finance News
Keep up with the latest government relations news with these articles:
Lobbying
“Lobbyists ready for a comeback under Mitt Romney” by Anna Palmer in Politico.
“Lobbyists Might Join Romney’s Team” by Kate Ackley in Roll Call.
“Hill Climbers: Long Hill Career Leads to K Street” by Molly C. Braswell in Roll Call.
Wyoming: “ALEC Model Bill Group Triggers Calls for Transparency” by Greg Nickerson in WyoFile.
Campaign Finance
“The IRS’s ‘feeble’ grip on big political cash” by Kenneth P. Vogel and Tarini Parti in Politico.
Ethics
Florida: “Gaetz unveils massive ethics overhaul proposal” in the Orlando Sentinel.
October 15, 2012 •
Monday News Roundup
Start the week off right with these government relations news articles:
Campaign Finance
“PACs attack: N.Y. seeing a flood of outside money” by The Associated Press in Pressconnects.com.
Florida: “Meet Florida’s big-time donors to super PACs” by Alex Leary in the Miami Herald.
“Md. referendum campaigns raise $53 million” by John Wagner and Aaron C. Davis in The Washington Post.
Lobbying
“Loopholes abound in some lobbyist gift bans” by Chris Joyner in the Atlanta Journal-Constitution.
“Patton Boggs moves to reinvent itself” by Catherine Ho in The Washington Post.
“Lobbying Efforts From Tech Companies Surge On Capitol Hill” in Fast Company.
Kentucky: “Ellen Williams joins McBrayer lobbying team” by Tom Lotus in the Courier-Journal.
Pennsylvania: “Lobbyists could be subject to open-records law” by Dan Miller in the Patriot-News.
Pennsylvania: “Lobbyists’ checks buy lawmaker access” by John L. Micek in the Morning Call.
Ethics
“Jackson Jr. probe focuses on house” by Kevin Robillard in Politico.
Campaigns and Elections
“Candidates turn to geo-targeting in ads” by Megan R. Wilson in The Hill.
“For politically playful news orgs, the 2012 election means social interactivity” by Adrienne LaFrance in Nieman Journalism Lab.
“Campaigns Mine Personal Lives to Get Out the Vote” by Charles Duhigg in The New York Times.
October 15, 2012 •
ELEC Meeting Tomorrow to Consider Electronic Filing for Lobbyists’ Annual Reports
Additional Issues to be Discussed
Tomorrow at a public hearing at its offices at 11:00am, the New Jersey Election Law Enforcement Commission (ELEC) will consider proposed changes to the administrative code allowing for electronic filing for lobbyists’ annual reports.
Electronic filing would be mandatory through ELEC’s website and would replace the requirement to file paper copies. Copies of what a lobbyist files electronically must be retained by the lobbyist. The proposed amendments cover governmental affairs agents, represented entities, and representatives of “persons communicating with the general public.” The proposals also make technical changes, such as substituting “represented entity” for “lobbyist” throughout the relevant sections.
Other issues to be addressed at the meeting include proposed amendments concerning campaign cost index adjustments and personal financial disclosure statements by candidates.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.