Federal:

Conservative Justices Voice Skepticism on Voting Law

Lobbyists Fear Shakedown If Supreme Court Lifts Campaign Contributions Cap

From the States and Municipalities:

California – California Campaign Finance Reporting Ripe for Abuse

Florida – In David Rivera Investigation, Suspected Ringer Charged in Federal Court in $81,486Scheme

Florida – Universal Rolls out Red Carpet for GOP Lawmakers, Lobbyists, State-Party Donors

Georgia – Lobbyist Spending Down 1 Month after New Georgia Rule

Georgia – State House Backs Banning Some Lobbyist Spending

Illinois – Michael Bloomberg’s Super PAC Declares Victory in Illinois Special Election

New York – NY Comptroller Drops Suit as Qualcomm Agrees to Disclose More about Political Spending

Ohio – Ohio Campaign Contribution Limits Continue to Rise

West Virginia – Gainer, State Agency Officials Appear in Online Visa ‘P-card’ Marketing Campaign; State Ethics Act Limits Such Endorsements

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

“GOP’s Gomez pushing term limits, lobbying ban” by The Associated Press in the Boston Globe.

“Barry Jackson’s next move” by Anna Palmer in Politico.

“K Street Files: Hey, Is That Jack Abramoff Dressed as a $100 Bill?” by Kate Ackley in Roll Call.

Campaign Finance

Hawaii: “Bill to Boost Disclosure of Campaign Spending Advances” by Nathan Eagle in the Honolulu Civil Beat.

Kansas: “House closer to passing campaign reform bill” by Tim Carpenter in the Topeka Capital-Journal.

Maine: “LePage budget would gut clean election fund for 2014 campaign” by Christopher Cousins in the Bangor Daily News.

Nevada: “Bill would force ex-candidates to dispose of unspent campaign funds” by Sean Whaley in the Las Vegas Review Journal.

There are a number of terrific LinkedIn groups devoted to government relations professionals and to the industry in general. What we found was that there was no group specifically for the discussion of compliance.

We are excited to announce that we are meeting that need by forming the Government Relations Compliance group.

Government relations professionals can discover what colleagues are saying about complying with government rules and regulations for lobbying, grassroots lobbying, political contributions, and procurement.

Join the conversation!

Q. I have been asked to testify before a committee of the state legislature regarding a pending or potential bill. Is this considered lobbying activity?

A. As is usually the case, the answer will vary drastically depending on the state in question. In this specific situation, there are at least three variables to consider when evaluating this question:

1. Is testimony excluded from the definition of lobbying? In many states, providing information, participating in a meeting, or otherwise communicating at the request of a public official is specifically excluded from the definition of lobbying. This is true even if the information will potentially influence legislation, as long as the contact was initiated by the state. In these jurisdictions, a person may be asked to testify about a topic as an industry expert without being subject to lobbying laws. For instance, in Colorado, a person who is not otherwise registered as a lobbyist, but provides information at the request of public officials is not required to register and report. Iowa has a similar exception for people providing testimony or information at the request of a public official.

2. Is the communication before a public committee? Often, participation at a public meeting or proceeding or otherwise testifying on the public record is excluded from lobbying laws. Delaware’s exemption is a good example of a state allowing for testimony at a public hearing without lobbyist registration. Likewise, Connecticut has an exception from its definition of lobbyist for those who are not hired specifically to lobby and whose appearances are limited to public testimony.

3. Is there a pending bill before the legislature? Finally, it may be important to determine whether there is an actual bill pending before the legislative body in question, or if the putative lobbying communication is only regarding potential legislation. Certain states only regulate attempts to influence legislation that has already been introduced. North Dakota is a good example of this point. In order to be considered a lobbyist, a person must be attempting to influence a live bill. An individual does not need to register as a lobbyist for attempting to influence a potential bill.

There are very few concepts, rules, or guideless applicable to all states, and accordingly, situations like this must be examined on a case-by-case basis. For specific guidance, please contact a member of the State and Federal Communications compliance department.

(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

“Web Entrepreneur Tries to Bridge K Street and Grass-Roots Advocacy” by Kate Ackley in Roll Call.

“K Street Files: Manufacturers, Citing Job Losses, Oppose Carbon Tax” by Kate Ackley in Roll Call.

“Lobbying World” in The Hill.

“Lincoln actor joins museum leaders lobbying in DC” by The Associated Press in the Peoria Journal Star.

Campaign Finance

“Pay to play?” by Allison MacDonald on MSNBC.

Arizona: “Clean Elections consolidation bill advances” by The Associated Press in the Arizona Daily Sun.

Montana: “Montana Senate endorses limit on corporate campaign spending” by The Associated Press in the Missoulian.

Ethics

“Feinstein asks court for campaign treasurer’s records” by John Myers in KXTV News 10.

Open Government

Minnesota: “Social media tests Minn. open meeting law” by Brian Bakst in Minnesota Public Radio.

South Carolina: “S.C. legislators wouldn’t be able to keep communication secret under altered House bill” by Stephen Largen in the Post and Courier.

Redistricting

North Carolina: “Attorneys wrap up arguments in NC redistricting” by Gary D. Robertson in the Winston-Salem Journal.

Lobbying

“Lobbyists fear shakedown if Supreme Court lifts campaign contributions cap” by Kevin Bogardus in The Hill.

Ohio: “Top of the List: Biggest lobbying spenders” by Evan Weese in Business First Columbus.

Campaign Finance

“Money in politics?” by The Associated Press in the News Tribune.

Montana: “Montana House backs increasing contributions to political candidates” by Charles S. Johnson in the Missoulian.

Ethics

“State spends $34,000 so far defending Gessler in ethics probe” by Patrick Malone in The Coloradoan.

Open Government

“Sunlight on States” by Pam Greenberg on NCSL’s The Thicket.

Nebraska: “Bill to provide reasonable access to public records advances” by JoAnne Young in the Lincoln Journal Star.

New Mexico: “Transparency bills make progress in Legislature” by Steve Terrell in the Santa Fe New Mexican.

South Dakota: “Legislature: Senate panel restores ‘crippled’ open-meetings bill” by David Montgomery in the Argus Leader.

The House of Representatives has passed ethics legislation to bar lobbyist gifts to individual lawmakers and enact new rules on lobbyist registration.

House Bill 142 passed 164-4 on Monday, February 26, 2013 and now goes to the Senate.

Critics hope the Senate provides a limit for the gift ban exceptions, which allow for unlimited gifts to groups of legislators such as committees and caucuses.

Campaign Finance

“Justices reject campaign finance appeal over corporate contributions” by Bill Mears on CNN.

California: “California campaign-finance reporting ripe for abuse” by Steve Harmon in the San Jose Mercury News.

New York: “Tax loopholes cited in push for NY campaign reform” by The Associated Press in the Albany Times Union.

Lobbying

“Rules of the Game: Sequester Spells Bitter K Street Failure” by Eliza Newlin Carney in Roll Call.

Michigan: “Lobby spending increases in Michigan” by The Associated Press in Upper Michigan Source.

Rhode Island: “Former R.I. House speaker joins Twin River lobbying team” by Katherine Gregg in the Providence Journal.

Ethics

Georgia: “Week Ahead: Ga. lawmakers take up ethics, juvenile justice” by Walter C. Jones in the Augusta Chronicle.

Washington: “State Senate Democrats’ campaign chief accused of financial misconduct” by The Associated Press in the News Tribune.

Campaign Finance

“Watchdogs call for new campaign regulator to replace ‘woefully inept’ FEC” by Megan R. Wilson in The Hill.

“Campaign Finance Poll Finds Most Support Donation Limits” by Emily Swanson in the Huffington Post.

Arizona: “2 Arizona bills target campaign finances” by Mary Jo Pitzl in the Arizona Republic.

Montana: “Campaign finance reforms bills pass Montana House vote” by Marnee Banks in KBZK News.

New York: “Conference to tackle lobbying and campaign finance” by Ilene Fleischmann in the UB Reporter.

Lobbying

Alaska: “Alaska: Who’s lobbying Alaska’s lawmakers? And for how much?” by Laurel Andrews in the Alaska Dispatch.

Florida: “Lobbying a lucrative cap for a legislator’s career” by Aaron Deslatte in the Orlando Sentinel.

Georgia: “Lobbying Restrictions Vote Scheduled” by The Associated Press in Georgia Public Broadcasting.

Ethics

Utah: “Ethics bill emerges in wake of probes of Utah Lt. Gov Bell, Swallow” by Robert Gehrke in the Salt Lake Tribune.

State lawmakers introduced a bill aimed at keeping former legislators out of the lobbying ranks following the end of their terms. Senate Bill 33 would prohibit legislators from lobbying for two years following the end of their public service.

Representative Dana Wachs, a co-sponsor of the bill, said, “If we don’t start doing something about these issues, I think our republic is somewhat in danger. We’re supposed to represent people, not corporations.”

The state does not currently have a prohibition against lobbying after public service, but it does prevent state public officials from appearing, on behalf of someone else for compensation, before a governmental entity under the former official’s responsibility for one year following employment.

Photo of the Wisconsin Capitol Building by Dori on Wikipedia.

Two ethics reform bills will likely be voted on by the full House on Monday, February 25, 2013. House Bill 142, sponsored by Speaker David Ralston, would ban lobbyist spending on individual lawmakers, return regulatory powers to the state ethics commission, and require activists representing an organization to register as lobbyists.

House Bill 143, also sponsored by Ralston, would require lawmakers to file a report early in the legislative session detailing campaign contributions and expenditures during the five-day period before the Legislature convenes.

Photo of the Georgia State Capitol by Autiger on Wikipedia.

Federal:

Jesse Jackson Jr. Pleads Guilty: ‘I lived off my campaign’

Justices Take Case on Overall Limit to Political Donations

From the States and Municipalities:

Arizona – Arizona Senators Look to Revamp Lobbying Gift Ban

California – Prosecution of California Lobbyists on the Rise, FPPC Reports

Kansas – Lobbyists Vouch for Bill to Increase Spending Limits

Kentucky – Kentucky Bill Would Prohibit Lobbying during Legislative Session

Nebraska – Senators Want to Stop Lobbyist Contributions during Session

New York – Review Shows NY Pension Fund Fixed Ethics

North Carolina – Lawmakers’ Economic Interests Not Easily Tracked

Pennsylvania – Pa. Justice Convicted of Corruption

Virginia – Justices Consider Va. Limits on Access to Public Records

West Virginia – Ethics Commission Taps New Director

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.

Good morning, everyone! We are excited to announce that we are launching a new LinkedIn group called Government Relations Compliance.

If you have a LinkedIn account, this is a great place to discover what your colleagues are talking about. Find out how they are solving the challenges in complying with government rules and regulations for lobbying, grassroots lobbying, political contributions, and procurement.

Join the conversation!

Lobbying

California: “Prosecutions of California lobbyists on the rise, FPPC reports” by Laurel Rosenhall in the Sacramento Bee.

Campaign Finance

“McCutcheon case could give Citizens United a run for its money in Supreme Court” by T.W. Farnam in the Washington Post.

Ethics

Oklahoma: “Bribery case against Oklahoma ex-legislators to move forward” by Nolan Clay in the Oklahoman.

West Virginia: “Ethics commission taps new director” by Dave Boucher in the Daily Charleston Mail.