Federal:

Assets Offshore Raise Romney Wealth Questions

Do Election Laws Encourage Attack Ads in Campaigns?

From the States and Municipalities:

Arizona

Ex-Arizona Lawmaker Files $10 Million Claim against Phoenix

Colorado

Gessler Hit with Another Campaign Finance Lawsuit – But This One He May Actually Like

Delaware

Delaware Business to Pay $500,000 in Campaign Probe

Florida

New Ethics Policy Toughens Rules for Lobbying Orange School Leaders

Illinois

Wrigley Renovation Plans Stalled by Political Flap

Maryland

Sports Tickets Banned as Gifts for Baltimore County Elected Officials

Michigan

Cap on Michigan Campaign Donations Survives Challenge

Missouri

Missouri Election Season Arrives without Ethics Law

Oklahoma

Oklahoma Ethics Commission Considers Blackout Period for Filing Complaints

South Carolina

South Carolina Governor Cleared in Ethics Inquiry

Tennessee

Tim Burchett Subpoenas News Sentinel for Visitor Records, Surveillance Videos

Utah

Ruling Blocks Utah Ethics Initiative from Ballot

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.

“Jack Abramoff: Healthy ruling for lobbyists” by MJ Lee in Politico.

“Maryland lobbying totals led by gambling interests” by Annie Linskey in the Baltimore Sun.

“Groups Admit to Lobbying Illegally to Aid Mayor’s Plans” by Ray Rivera in The New York Times.

Take a look at The Hill’s “Lobbying World” news summary.

“Common Cause files complaint against Minnesota Majority” by Jennifer Brooks in the Star Tribune.

Video courtesy of Politico.

Lobbyists and people who do business with Baltimore County, Maryland will no longer be allowed to give sports tickets to public officials.

County Council unanimously approved revisions to the county ethics law in order to comply with state standards.

The revision was in response to the state ethics commission’s finding that the county ethics measure (Bill No. 75-11) did not meet the state’s required standards.

The school board of Orange County, Florida is now requiring lobbyists to register. Registrations are filed with the school board and are separate from the county’s registration requirements. Lobbyists must register prior to July 1 of each year, or prior to lobbying if representation of a principal commences after July 1.

Lobbyists must file an annual report of all lobbying expenditures made during the preceding calendar year on or before April 1 of each year, whether or not any expenditures were made during the reporting period.

Q. I developed support for an issue by asking the public to contact and influence their legislator. Should I be concerned with lobbyist disclosure requirements?

A. You are engaging in grassroots lobbying. Grassroots lobbying is communications by a representative of an entity to the general public encouraging correspondence to an official’s office in support of, or opposition to, an official action. You must determine how grassroots lobbying is treated in your jurisdiction.

Engaging in grassroots activities may not meet the definition of lobbying. In Utah, you must communicate directly with an official to be engaged in lobbying and have any registration or reporting requirements.  Next, grassroots lobbying may only trigger disclosure of related expenses. Your grassroots lobbying expenses are disclosed in California if your employer is already registered. Finally, grassroots lobbying may require registration and reporting. Arkansas law expressly includes grassroots communications in the definition of lobbying and requires disclosure of the related expenditures.

Do not assume that if you do not contact a state official directly, you are not engaging in lobbying. Confirm what activities constitute lobbying before taking action.

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.

Campaign Finance

“Political Perceptions: Email Fundraising, Too Forward?” by Peter Nicholas in The Wall Street Journal.

“The 2012 Congressional race and super PAC intermingling” by Stephen Wright in the Examiner.

Maryland: Editorial “Cleaning up Maryland politics” in The Washington Post.

Michigan:  “Michigan Campaign Finance Network questions fundraising by lame-duck lawmakers” by The Associated Press in Crain’s Detroit Business.

Lobbying

“Bill Miller to head lobbying for Business Roundtable” by Mike Allen in Politico.

“Mining bill drew lobbyists’ attention” by Steve Mistler in the Portland Press Herald.

“Investment in lobbying not surefire in Maine” by Steve Mistler in the Kennebec Journal.

“Who is ALEC?” on CBS News.

“Former IRS Official Demands Investigation of ALEC” by Janie Lorber in Roll Call.

“Ethics Inquiry Exonerates Governor In Lobbying” by Robbie Brown in The New York Times.

Rhode Island: “Former Lawmakers Cash in Playing Revolving Door Game” by Dan McGowan in GoLocalProv.com.

One of Delaware Governor Jack Markell’s largest focus areas since entering office has been creating a responsible government. His state took one step closer to that goal when the legislature passed Senate Bill 185. The bill, which Governor Markell spearheaded, increases lobbyist reporting when making direct communications with state officials and employees. If a lobbyist makes a direct communication to a member of the general assembly, the lieutenant governor, or the governor on any bill or resolution pending before the general assembly, then that lobbyist is required to report the direct communication. A lobbyist will also have to report any direct communications concerning a proposed regulation with an employee or official of the state agency proposing the regulation.

The lobbyist report will be due no later than the fifth business day after the date on which the direct communication took place. If the direct communication was about a bill, resolution, or regulation that has not yet been introduced, the report is due no later than the fifth business day after that bill, resolution, or regulation is introduced.

The lobbyist is only required to disclose there was a direct communication that took place and the identity of the bill, resolution, or regulation that the communication was concerning. The bill, resolution, or regulation may be identified by name or by number. The lobbyist does not have to disclose the identity of the person with whom he or she had the direct communication. Further, the reporting requirement does not apply to a lobbyist when he or she is fulfilling duties as a member of a commission, committee, task force, or other public body.

All of the reports filed under this law must be filed electronically by the lobbyist with the Delaware State Public Integrity Commission. The commission, in turn, will post the reports in an online database for the public to access.

Governor Markell has stated he will sign the bill. If he does, the law will go into effect on January 1, 2013.

Photo of Governor Markell by John D. (Jay) Rockefeller IV on Wikipedia.

Federal:

After Winning Right to Spend, Political Groups Fight for Secrecy

Court Upholds Ban on Corporate Political Contributions

GOP Lawsuit Challenges Campaign Contribution Caps

From the States and Municipalities:

California: Cudahy Arrests Add Salt to L.A. County Area’s Civic Wounds

Connecticut: Malloy, Legislature Make Last Stab at Campaign Reform

Florida: Tom Lee Wants Back in the Senate, to the Chagrin of Some Lobbyists

Illinois: U of I Professor Relents, Will Take Ethics Training Developed by ‘Unwise Rulers to Annoy Us’

Montana: Supreme Court Reaffirms Citizens United, Tosses Montana Corporate Spending Ban

Nebraska: Special Interests Spent $14 Million to Influence State Government

New York: Supreme Court Declines to Hear NY Campaign Finance Case

South Carolina: State Ethics Law Has Disclosure Gaps

Vermont: Federal Judge Dismisses Vermont Campaign Finance Challenge

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 Kentucky Legislative Ethics Commission has submitted a recommendation to the legislative research commission for several changes to the code of legislative ethics.

The recommended changes include:

• requiring employers of lobbyists to report the cost of advertising supporting or opposing legislation that appears during a session of the general assembly, if the cost is paid by an employer of lobbyists or a person affiliated with an employer;

• prohibiting employers of lobbyists and PACs from making campaign contributions to legislative candidates or legislators during a regular session of the general assembly, and prohibiting lobbyists from directly soliciting contributions for an election campaign of a legislator or legislative candidate;

• repeal the provision allowing each lobbyist and employer to spend up to $100 annually on food and beverages for each legislator and his or her immediate family, and prohibit lobbyists and employers from paying for out-of-state travel, food, or lodging expenses for legislators or candidates; and

• limiting the interaction between lobbyists and candidates who have filed to run for election to the general assembly, who are currently not subject to the $100 limit on food and beverage or prohibition on receiving anything of value from a lobbyist or employer.

Campaign Finance

“Campaign money case could propel more deregulation” by Jack Gillum on CBS News.

“Inquiry Looks Into a Shield for Donors in Elections” by Nicholas Confessore in The New York Times.

“Social Fundraising Platform Rally Grows With A New Round of $7.9 Million” by Sarah Lai Stirland in TechPresident.

“Will Ct. now see gusher of campaign bucks?” by Ken Dixon in the Connecticut Post.

Lobbying

“K Street Files: Lobbyists Prep for SCOTUS Ruling” by Kate Ackley in Roll Call.

“Lobbying World” in The Hill.

“The lion’s aide on K Street” by Kevin Bogardus in The Hill.

“Hawaii professional employer organizations to form lobbying group” by Lynn Nakagawa in the Pacific Business News.

Government Ethics

“Outsider Privy to Ethics Case” by Amanda Becker in Roll Call.

Georgia: “Candidates late, confused on filing requirements” by Crystal Tatum in the Newton Citizen.

From the State Legislatures

“Cook, Rove, Zandi Address Legislators at June 2012 Leaders Meeting” by Alex Fitzsimmons on NCSL’s The Thicket.

Illinois: “Illinois lawmakers consider expulsion of Rep. Derrick Smith” by The Associated Press in the State Journal-Register.

Oklahoma:  “Oklahoma elections: Most incumbent House members win contests” by Michael McNutt in The Oklahoman.

Open Government

“R.I. open-government advocates hail improvement to public-records law” by Karen Lee Ziner in the Providence Journal.

“Public stations may get OK for political ads” by David Bauder (Associated Press) in The Washington Times.

“After winning right to spend, political groups fight for secrecy” by Joseph Tanfani and Melanie Mason in the Los Angeles Times.

Alaska: “Federal government role in Alaska elections questioned” by Becky Bohrer in the Anchorage Daily News.

District of Columbia: “Embattled DC Mayor Gray to propose campaign finance reforms in bid to end ‘pay to play’” by Ben Nuckols (Associated Press) in The Washington Post.

Minnesota: “Lobbying is a big business in Minnesota” by Jennifer Brooks in the Star Tribune.

Minnesota: “High court ruling throws state campaign law into doubt” by Corey Mitchell in the Star Tribune.

Texas: “Cruz-Dewhurst battle pits D.C. and Austin lobbyists” by Priya Anand in the Houston Chronicle.

Vermont: “Vermont Officials Criticize Federal Ruling On Campaign Finance” by Bob Kinzel on Vermont Public Radio.

“In case you missed it: ‘Capitol Assets’ highlights” by Ed O’Keefe in the Washington Post.

“Street Talk: Lobby Shop Ogilvy Now Faces Uncertain Future” by Kate Ackley in Roll Call.

Indiana: “Daniels unsure of lobbying as Purdue” by The Associated Press in the Evansville Courier & Press.

Minnesota:  “Local government units spent $8.3M on legislative lobbying last year” by Brian Lambert on MinnPost.com.

South Carolina: “Ethics hearing for S.C. Gov. Nikki Haley to begin Thursday” by Andrew Shain in the Kansas City Star.

Federal:

Critics: Lobbying ethics rules go too far

Nonprofits Outspent Super PACs in 2010, Trend May Continue

Supreme Court Rules against Union on Nonmember Fees for Politics

From the States and Municipalities:

Connecticut

Malloy Vetoes Campaign Finance Bill

Connecticut

Probes Cast Shadow in Congressional Race

District of Columbia

District’s Political Corruption Has Deep Roots

Illinois

Illinois House Expulsion in 1905 Laid Groundwork for 2012 Smith Case

Montana

Montana AG Asks Federal Judge to Uphold Campaign Contribution Limits

New Jersey

N.J. Governor Candidates Can Receive More Money from Donors, Public Financing under New Guidelines

Ohio

Ex-Rep. Weddington Gets Three Years for Bribery

Wyoming

Wyoming Lawsuit Challenges FEC Regulations
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.

“Dems won’t release jackabramoff.com” by John Bresnahan in Politico.

“Jack Abramoff Wants His Name Back from Democrats” by Eric Randall in The Atlantic.

“Lobby shop CEO to join RNC” by Anna Palmer in Politico.

“Leadership shake-up at Ogilvy Government Relations” by Kevin Bogardus in The Hill.

Georgia: “Legislators push for lobbyist cap” by Stephen Abel in WALB News.

New York: “Groups seek probe of NY gov, business lobby link” by The Associated Press in CBS News.

Rhode Island: “Former R.I. House speaker earned at least $78,000 as a lobbyist in 2012” by Philip Marcelo in the Providence Journal.