The number of municipalities and regional governments our research associates track continues to grow. We now cover almost 300 municipalities and local governments. This is part of a continuous effort to better serve the needs of our clients.

In that effort, we have added abridged jurisdictions to our website. These entries, condensed due to the limited number of relevant local laws, provide the core information our clients need for their government relations work.

The new jurisdiction is: Nassau County, New York

Q. Our company is active and registered as a lobbyist employer in several states. What are best practices for record-keeping? What will we need to access and keep in the event of a state audit?

A. Each state takes a different approach to auditing, requiring registered companies and lobbyists to keep substantiating records for varying periods of time.  As a conservative rule of thumb, it’s generally advisable to keep substantiating records for seven years.  However, for each state where your company has an active registration, you should determine if there is a set document retention policy.  While some states have no set period of time for lobbyists/employers to retain records, a majority of states require retention for a set period of time, usually within a three to five year range.

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You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: experts@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.

Progress Now New Mexico has filed a complaint with the Attorney General’s Office alleging state Rep. Paul Pacheco failed to disclose a conflict of interest on a major project.

According to the complaint, Pacheco violated state law and House ethics rules when he requested over $1.2 million in state funds for the project managed by his brother, architect David Pacheco.

The Attorney General’s Office is currently reviewing the complaint.

Photo of Rep. Paul Pacheco by Gopmario on Wikimedia Commons.

Gov. Jay Nixon issued a writ of election to fill the vacancy for Missouri Senate District 4. Joseph Keaveny vacated the seat on July 7, 2016, to become an administrative law judge at the Department of Labor.

Interested candidates must file declarations of candidacy with the Office of the Secretary of State by September 7, 2016, for the special election on November 8, 2016.

Gov. Rick Snyder has called for a special primary election to take place August 30.

Candidates will be running to fill the vacancy created after the sudden death of state Rep. Julie Plawecki, who served the 11^th House District.

The general election for the completion of Plawecki’s term will be held November 8, with the winner serving through the end of 2016.

Lobbying

Massachusetts: “Mass. Insiders Turn to Lobbying Careers” by Mark Arsenault and Andrew Ryan for Boston Globe

Campaign Finance

“D.C. Circuit to Hear Challenge to Contribution Limits” by Kenneth Doyle for Bloomberg BNA

“Koch Network Seeks to Defuse Donor Frustration over Trump Rebuff” by Matea Gold for Washington Post

Ethics

“Court Rejects Sen. Robert Menendez’s Attempt to Get Corruption Case Thrown Out” by John Bresnahan and Josh Gerstein for Politico

District of Columbia: “After a Quiet Couple of Years, D.C. Council Roiled by Apparent Conflict of Interest” by Aaron Davis and Fenit Nirappil for Washington Post

New Jersey: “Ex-Port Authority Chief’s Fall from Grace a Cautionary Tale About Privacy” by Paul Berger for Bergen Record

Ohio: “Ethics Commission Tells Columbus Leaders to Pay Up for Buckeye Junket” by Lucas Sullivan for Columbus Dispatch

Elections

“In Clash Between Trump and the Khans, New Signs of a Cultural and Political Divide” by Marc Fisher for Washington Post

North Carolina: “4th U.S. Circuit Judges Overturn North Carolina’s Voter ID Law” by Anne Blythe (Raleigh News & Observer) for Charlotte Observer

Wisconsin: “Judge Strikes Down Wisconsin Voter ID, Early Voting Laws” by Patrick Marley and Jason Stein for Milwaukee Journal Sentinel

A Municipal Securities Rulemaking Board (MSRB) pay-to-play rule amendment set to take effect on August 17 is being challenged in federal court.

However, the Securities and Exchange Commission (SEC) argues it cannot defend the lawsuit because the Consolidated Appropriations Act of 2016 prohibits the SEC from using federal funding to finalize, issue, or implement any regulation regarding the disclosure of political contributions, contributions to tax-exempt organizations, or dues paid to trade associations.

The SEC argues the same federal restrictions preclude the commission from using funds to defend the MSRB rule on its merits.

The challenge to the amendment is being made in the Sixth Circuit Court of Appeals in Cincinnati. It was brought by the Georgia and Tennessee Republican parties and the New York State Republican Committee.

Currently, MSRB Rule G-37 prohibits certain political contributions for two years prior to engaging in a municipal securities business where a related official received contributions. The amendment extends the pay-to-play rule to municipal advisors.

A new system is expected to replace Alberta’s outdated lobbyist registry as early as November. The current system moves slowly, is incompatible with certain internet browsers, and does not produce accurate search results.

Lobbyists will need to create new accounts and re-register when the new system opens, as data from the old registry will not be imported. Migrating existing lobbyist data over to the new system would have been more expensive.

Kent Ziegler, the Office of the Ethics Commissioner’s chief administrative officer, believes it is better to start from scratch to ensure accuracy.

Here is our August/September calendar. If you are attending any of these events, please say hello!

August 8-11   NCSL 2016 Legislative Summit, Chicago, IL

August 18   Akron Roundtable, Akron, OH

September 7-9   Practising Law Institute, Corporate Political Activities Seminar, Washington, DC

September 15   Akron Roundtable, Akron, OH

September 26-28   PAC State and Local Government Relations Conference, Alexandria, VA

Well, we are not exactly the Mod Squad, but we are this year’s speakers at NCSL’s Legislative Summit in Chicago. I will join Brad Smith from the Center for Competitive Politics and Capital OH Law School and Nick Penniman from Issue One to speak about Campaign Finance: What It All Means.

We are going to discuss the phrases you hear all the time in the news—campaign treasuries, PACs, Super PACs, 501(c)(4)(s), and independent expenditure group. Each one of these has a different meaning in the states and has a different contribution limitation. This fabulous team, which will be moderated by Alexis Stang, Senate Counsel, Research, and Fiscal Analysis from the state of Minnesota, will look at the impact of self-funded campaigns, contribution limits, and disclosure requirements.

I know this is very exciting and you do not want to miss it. I should add this breakfast session runs from 7:30 am to 9 am Tuesday, August 9 in McCormick Place, Room W181. If you need a wake-up call, let me know. I can help schedule it for you.

There is very little other than elections going on between now and November. Stay on top of the rules and regulations. Stop and see the 2016 Dream Team.

See you in Chicago.

Elizabeth Z. Bartz
President and CEO
@elizabethbartz

Summit County Executive Russ Pry passed away Sunday, July 31, after a brief battle with cancer.

The county’s statement described Pry, who served as county executive for nearly nine years, as a leader who helped restore stability in county government, led the county through an economic downturn, and created and kept jobs for thousands of people.

Akron Mayor Dan Horrigan said Pry had “an uncanny knack for empathizing and identifying with all people, regardless of age, race, gender, orientation, or creed, making him well-loved by all.”

County Council President Ilene Shapiro will be sworn in as interim county executive until the Summit County Democratic Party’s central committee appoints someone to serve for the remainder of Pry’s term. The term expires December 31.

Gov. Robert Bentley has announced a special legislative session will convene August 15, 2016.

The primary focus of the session will be a constitutional amendment allowing a statewide lottery.

Bentley believes the lottery will solve the state’s financial problems.

Campaign Finance

“After Lying Low, Deep-Pocketed Clinton Donors Return to the Fore” by Nicholas Confessore and Amy Chozick for New York Times

California: “California Treasurer Cracks Down on Pay to Play” by Kyle Glazier for The Bond Buyer

California: “Feds Say Azano Wanted to ‘Buy a Mayor’” by Greg Moran for San Diego Union-Tribune

Washington: “Attorney General Seeks Contempt Order against Tim Eyman” by Rachel La Corte (Associated Press) for Tacoma News Tribune

Ethics

Hawaii: “Here’s The Deal Honolulu Made with Its Departing Ethics Director” by Nick Grube for Honolulu Civil Beat

Utah: “Judge Grants State’s Motion to Dismiss Corruption Charges against Mark Shurtleff” by Ben Lockhart and Dennis Romboy for Deseret News

Elections

“Clinton’s Convention Is Made for TV. Trump’s Was Made for Twitter.” by Jim Rutenberg for New York Times

“Wikileaks Posts Hacked DNC Voicemails” by Marshall Cohen and Tom LoBianco for CNN

“And Then There Was Trump” by Thomas Edsall for New York Times

The Oklahoma Ethics Commission will conduct a third public hearing on Advisory Opinion AOR-16-01 at its regularly scheduled meeting on August 12, 2016.

Questions to be considered pertain to a candidate committee’s use of funds in making expenditures to political party committees. Three draft opinions are now available for review.

The commission will accept written and oral comments about the draft opinions; written comments may be hand-delivered, mailed, or emailed to the commission.