Lobbying

Massachusetts: “Bill Would Have Lobbyists Disclose Clients” by Michael Norton (State House News Service) for The Sentinel & Enterprise

Campaign Finance

“Jeb Bush’s Ambitions Paid Dividends for GOP Admaker Over the Years” by Matea Gold for Washington Post

California: “California’s Ethics Watchdog Opposes Donor Stickers for Politicians” by Alexei Koseff for Sacramento Bee

New Jersey: “Another Birdsall Exec Pleads Guilty, Faces Jail” by Kathleen Hopkins for Asbury Park Press

Ethics

Pennsylvania: “Menendez’s Lawyers Argue That Public Corruption Case against Senator Should Be Thrown Out” by Matt Zapotosky for Washington Post

District of Columbia: “Ethics Group Urges Inquiry of Mortgage Banking Lobbyist Who Led F.H.A.” by Gretchen Morgenson for New York Times

New Mexico: “Governor OKs Upgrades to State’s Campaign Finance Reporting System” by Heath Haussamen for New MexicoPolitics.net

Oklahoma: “Credit Card Purchases, Gifts Questioned by Oklahoma’s State Audit” by Randy Ellis for The Oklahoman

Elections

“How America’s Dying White Supremacist Movement Is Seizing on Donald Trump’s Appeal” by Jonathan Mahler for Washington Post

“Inside the Clinton Team’s Plan to Defeat Donald Trump” by Amy Chozick and Patrick Healy for New York Times

“Donald Trump Overwhelms G.O.P. Rivals from Alabama to Massachusetts” by Alexander Burns and Jonathan Martin for New York Times

“Minority Voters Push Hillary Clinton to Victories” by Patrick Healy and Amy Chozick for New York Times

Legislative Issues

Wyoming: “‘Leg’-Mart’ Growing on Wyoming Lawmakers, Public” by Laura Hancock for Casper Star-Tribune

Today, U.S. Sen. Tom Udall is introducing the Federal Election Administration Act, a bill intended to replace the Federal Election Commission. The legislation is supported in letters to U.S. Senators from several reform groups, including the Campaign Legal Center, Common Cause, Democracy 21, Issue One, People for the American Way, Public Citizen, Rootstrikers, and U.S. PIRG. According to the letter, a five-member Federal Election Administration will be created to enforce election laws and “will consist of a chairman and four other members, all of whom are to be appointed by the president, with the advice and consent of the Senate.” No more than two members of the agency can be from the same political party. The letter can be found here.

I always felt Super Tuesday needed a mascot. And, that is my first point of clarification. I am talking about the primary election day…nothing to do with the ESPN television series.

We first heard the term in 1984 when Walter Mondale and Gary Hart vied for the nomination. In fact, we had three of them that year. I won’t go into the detail about what each candidate said. Sufficient to say in the end, Walter Mondale only won the electoral votes that November in Minnesota and in DC. [Please note Wikipedia states the term was really used in 1976.]

So what is it? Super Tuesday refers to the day in a presidential election year when the greatest number of states hold primary elections to select delegates to the national conventions.

• 1984—five states were involved which helped bring the nomination to Democrat Walter Mondale;
• 1988 – nine states held primary elections on March 8, 1988 and the votes were split between Democrats Dick Gephardt, Jesse Jackson, Al Gore, and Michael Dukakis with the latter eventually being nominated;
• 1992 – The March 10, 1992 election brought Democrat Bill Clinton into the national spotlight;
• 1996 – March 12, 1996 included nine states and secured Republican Bob Dole’s bid;
• 2000 – 16 states participated in the March 7, 2000 election;
• 2004 – Fewer states participated on February 3, 2004, and there were only five states with primaries and two caucuses;
• 2008 – Only four states held primary elections on March 4, 2008, but 24 had moved their own primary election up to February 5, 2008 so it ended up being called Super Duper Tuesday;
• 2012 – 10 states held primary elections on March 6, 2012; and
• 2016 – We will have 13 states involved in the March 1, 2016 date.

This column is not going to support any candidates. However, it is going to emphasize the importance of voting whenever your state has scheduled those dates. All those election dates are on our website, www.stateandfed.com.

On Tuesday, March 15 the staff of State and Federal Communications are offered one hour at the beginning of the day to vote before arriving to work. Until next month, remember to VOTE, plan for it so you do not forget or end up out of town, and encourage friends and family to do so.

Thank you.

Elizabeth Z. Bartz

President and CEO
@elizabethbartz

Q. For a number of years, our association has hired outside lobbying firms to lobby on our behalf. I was under the impression that because they registered and reported their lobbying activities for us, we didn’t need to register. Based on a recent conversation, I understand this may not be the case and we may need to register the association itself as a federal registrant. Can you tell me the guidelines in this regard?

A. Thanks for your question. This is a consideration that can often be overlooked when determining the need to register at the federal level. There is no specific exception outlined in the registration requirements that would negate an organization from having to register if it hires outside consultants that registers and reports their activity on behalf of their client. Essentially, if your organization meets the three registration thresholds, you need to register without regard for whether your outside consultants are also registered. The three criteria are:

1. An organization must have at least one employee who spends 20 percent or more of his or her time engaged in lobbying activities. This includes time working and coordinating with your consultant about your lobbying initiatives and also includes background work done in association with a lobbying effort;
2. That same employee must have two or more lobbying contacts. There is no time frame in which the two contacts have to occur. The two contacts could be a year apart from each other but once the second contact has been made, this threshold has been satisfied; and
3. An organization must spend $12,500 or more on lobbying activity during a three month period. Expenditures include payments made to outside consultants and membership organizations that are allocated toward lobbying efforts. In addition, compensation, expenses, and overhead associated with any and all lobbying activity that is occurring within the organization must be calculated for purposes of determining if this threshold has been met.

If your association meets these three requirements, you need to register and begin reporting your internal activities on a quarterly basis. Your outside consultants will also continue to report the activity in which they engage on your behalf.

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.

Here is our March calendar:

March 2   Ohio Birthday Celebration, Washington, DC

March 7-10   National PAC Conference, Miami Beach, Florida

March 9   NCSL Foundation Luncheon, Washington, DC

March 10   Women’s Endowment Fund Annual Dinner, Akron, OH

March 16   PLEN Mentor Awards, Washington, DC

March 17   Akron Roundtable, Akron, OH

March 20-22   NASPO: How to Market to State Governments Meeting, Atlanta, GA

March 30-April 2   ACES National Conference, Portland, OR

March 31, 2016   Akron Press Club hosts State of Summit County Speech, Akron, OH

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: Asheville, North Carolina

Massachusetts state Sen. Michael Brady has introduced legislation proposing state municipalities require lobbyist registration and reporting. If passed, municipalities would be allowed to opt into the law’s requirements after approval by vote of the local governing body. According to Brady, as reported in the Patriot Ledger, the legislation is modeled after the state lobbying law and creates new categories for governing municipal agents and municipal lobbying. Registration, costing $100 a year, would be required for compensation for lobbying of over $2,500 per year. Municipal clerks would administer registration and reporting requirements, with enforcement handled by the Office of the Secretary of State.

Meanwhile, on February 29, House Speaker Robert DeLeo announced a plan to create a task force to review the state’s ethics laws, according the Sentinel & Enterprise. DeLeo would like any task force recommendations to be considered during this year’s legislative session.

Gov. Martinez has signed legislation designed to standardize electronic reporting for candidate, lobbyist, and political committee filings. Intended to increase transparency and make it easier to access public records, House Bill 105 creates an electronic database that will be searchable, contain cross-references, and allow the public to download records for their own analysis.

The bill also requires lobbyists to notify the state of amended filings or termination of the lobbyist’s employment within one week of the occurrence. Additionally, the bill changes reporting dates from May 1 to the first Wednesday after the first Monday in May, and adds a reporting date of the first Wednesday after the first Monday in October.

The bill also requires individuals receiving contributions reported by lobbyists to receive automatic electronic notice of the contributions within 24 hours of the lobbyist’s filed report.

Portions of the bill will go into effect on July 1, 2016, with the remaining provisions effective as of December 15, 2017.

Lobbying

California: “Budding Marijuana Lobby Gains Influence at California Capitol” by Taryn Luna for Sacramento Bee

Colorado: “Colorado Lobbying Law Offers Murky Picture of Influence on Politics” by Joey Bunch for Denver Post

Massachusetts: “Marty Walsh’s Friends with Benefits” by Mark Arsenault and Andrew Ryan for Boston Globe

Missouri: “Alleged Intern Harasser among Those in Lobbying Grey Area” by Kurt Erickson and Alex Stuckey for St. Louis Post-Dispatch

Nebraska: “Lawmakers Criticize Bill That Seeks to Slow Revolving Door into Lobbying” by Martha Stoddard for Omaha World-Herald

Ohio: “Attorney General: Wright State’s $1M consultant not a lobbyist” by Josh Weigart for Dayton Daily News

Campaign Finance

Missippi: “Lobbyists: Campaign finance system ‘disgusting’” by Geoff Pender, Kate Royals, and Mollie Bryant for Jackson Clarion-Ledger

New Mexico: “NM Deals with Campaign Finance Warnings Backlog” by Morgan Lee (Associated Press) for Farmington Daily Times

Ethics

Ohio: “Ohio Mayor Pleads Guilty to Corruption Charges, Remains in Office” by Kim Palmer for Reuters

Elections

Wisconsin: “With Fewer Members, a Diminished Political Role for Wisconsin Unions” by Monica Davey for New York Times

On February 24, the Massachusetts Office of Campaign and Political Finance (OCPF) held a public hearing on proposed regulations to clarify political expenditure coordination between entities. The proposed regulations seek to elucidate the differences between independent and coordinated expenditures, including “situations in which a presumption of coordination exists between a candidate and an outside spender who is expressly advocating on the candidate’s behalf,” according to an OCPF press release. “We get complaints all the time, so we’re trying to create a roadmap,” said OCPF Director Michael Sullivan, as reported in the New Boston Post. Written comments about the draft regulations will be accepted until 5 p.m. on March 4.

Lobbying

“Senator Defends Lobbyists after Ethics Reform Hearing in Capitol” by Max Londberg for Cass County Democrat

California: “Female Lobbying Firm Thrives in Male-Dominated Capitol” by Laurel Rosenhall for CalMatters.org

Campaign Finance

Arizona: “Appeals Court Rules against Ex-AG Horne in Campaign Finance Case” by Howard Fischer (Capitol Media Services) for Arizona Daily Star

Massachusetts: “New Rules Clarify ‘Cooperation’ between Candidates, Super PACs” by   for NewBostonPost.com; Statehouse News Service

Ethics

“Aides’ Email-Server Testimony Could Throw Clinton Campaign a Curveball” by Spencer Hsu and Rosalind Helderman for Washington Post

Massachusetts: “Joyce’s Role in Solar Project Probed” by Andrea Estes for Boston Globe

New York: “Despite ‘Crickets’ on Ethics, Galef Presents a Tall Stack of Fixes” by Casey Seiler for Albany Times Union

Washington: “Scalia Led Court in Taking Trips Funded by Private Sponsors” by Eric Lipton for New York Times

Elections

“To Fight Critics, Donald Trump Aims to Instill Fear in 140-Character Doses” by Alexander Burns and Maggie Haberman for New York Times

New Jersey: “New Jersey Gov. Chris Christie Endorses Donald Trump for President” by Jose DelReal for Washington Post

South Carolina: “Hillary Clinton Wins South Carolina Primary”  by Amy Chozick and Patcrick Healy for New York Times

Legislative Issues

Missouri: “Missouri Supreme Court to Rule on Advocacy Group’s Right to Film Senate Hearings” by Zachary Reger for Columbia Missourian

Rep. Courtney Allen Curtis introduced a bill recently to amend Missouri lobbying law. Current law exempts union workers from lobbying registration unless their job is specifically to lobby. The proposed legislation would remove the exemption.

While comparing the bill to other recent ethics proposals, Curtis told a House committee it is wrong to delineate special rules for special groups.

Nobody testified in favor of the bill.

Alberta’s Chief Electoral Officer, Glen Resler, issued a writ to administer a by-election for the Calgary-Greenway electoral district to fill a seat in the Legislative Assembly. In the wake of the tragic passing of Progressive Conservative MLA Manmeet Bhullar last November, Alberta’s New Democratic Party (NDP) has set a March 22 election date.

Some other parties, which have yet to nominate candidates, are not pleased. They feel it is poor politics to rush to hold an election when the government has until May and not all parties have chosen their candidates.

National:

Political Polarization? It’s Not Just in Washington
Boston Globe – Jill Ramos | Published: 2/19/2016

Political scientists at the Massachusetts Institute of Technology have measured for the first time the relative liberalism or conservatism of all 50 states by examining a host of policies from the past eight decades. The study shows state policies across the country became more liberal between the 1930s and 1970s, and then stopped. In more recent years, overall economic policies have been constant, but social policies have become more liberal. The findings also confirmed what might have been suspected for some time: that over the past 20 years, states have become more politically polarized, not just in voting for president or members of Congress but also in state-level policies.

Univision Aims to Make Hispanic Voting Bloc Even More Formidable
New York Times – Nick Corasaniti | Published: 2/22/2016

Univision, including its top-rated Spanish-language network and many subsidiaries, is making an ambitious nationwide effort aimed at registering about three million new Latino voters this year, roughly the same number who have come of voting age since 2012. The initiative will entail an aggressive schedule of advertisements on all of Univision’s video and digital platforms. Station managers will exhort their audiences in old-fashioned editorials, a comprehensive online voter guide will be updated throughout the election season, and the media company will use the kinds of grassroots organizing events usually staged by candidates to try to turn its viewers into even more of a powerhouse voting bloc than it already is.

Federal:

Bernie Sanders, as Secular Jew, Leaves Religion in Background
New York Times – Joseph Berger | Published: 2/24/2016

The secular image that Bernie Sanders casts is complicating the way American Jews regard the historic nature of his candidacy. When Joseph Lieberman, an Orthodox Jew who spurned campaigning on the Sabbath, was Al Gore’s vice-presidential running mate in 2000, many Jewish voters saw it as a breakthrough. While Sanders’ surprising run for even higher office is eliciting many strong emotions, religious pride is usually not the main one.

Democratic Party Fundraising Effort Helps Clinton Find New Donors, Too
Washington Post – Matea Gold and Tom Hamburger | Published: 2/20/2016

Campaign officials for Hillary Clinton last summer urged state officials to sign on to an ambitious fundraising endeavor that would allow Clinton’s presidential bid, the Democratic National Committee, and the state parties to collect and share contributions from wealthy donors. A record 32 state parties signed on to the fund, allowing the committee to solicit donations 130 times greater than what a supporter can give to Clinton’s campaign for the primary. But the states have yet to see a financial windfall. Meanwhile, Clinton’s campaign has been a major beneficiary, getting an infusion of low-dollar contributions through the committee. The early, expansive use of a jumbo-size joint fundraising committee shows how the Clinton campaign has worked to maximize donations from wealthy supporters, seizing on rules loosened by the U.S. Supreme Court.

Fall of the House of Bush: How last name and Donald Trump doomed Jeb
Washington Post – Ed O’Keefe, Dan Balz, and Matea Gold | Published: 2/21/2016

Jeb Bush dropped out of the presidential race, ending a quest for the White House that started with a war chest of $100 million, a famous name, and a promise of political civility but concluded with a humbling recognition: in 2016, none of it mattered. No single candidacy this year fell so short of its original expectations. It began with an aura of inevitability that masked deep problems. The campaign had rested on a set of assumptions that, one by one, turned out to be incorrect: that the Republican primaries would turn on a record of accomplishment in government; Bush’s cerebral and reserved style would be an asset; and a country wary of dynasties would evaluate this member of the Bush family on his own merits.

Shuster Lounges Poolside with Airline Lobbyists as He Pursues FAA Bill
Politico – Anna Palmer, Jake Sherman, and John Bresnahan | Published: 2/23/2016

Nick Calio, head of the nation’s top airline trade group, Airlines for America, testified before U.S. Rep. Bill Shuster’s House Transportation and Infrastructure Committee recently. The topic was a top priority for both men: a bill to overhaul the Federal Aviation Administration, most controversially by putting air traffic control in the hands of an entity favorable to the airlines. Two days later, Shuster’s committee approved the measure. The week after that, he and Calio traveled to Miami Beach with Shelley Rubino, an Airlines for America vice president who is Shuster’s girlfriend. The three lounged by the pool and dined together during festivities tied to U.S. Rep. Mario Diaz-Balart’s annual weekend fundraising trip. It is the most recent example of Shuster’s cozy relationship with the powerful airline association. His panel has jurisdiction over the $160 billion U.S. airline industry.

From the States and Municipalities:

California – Former State Sen. Leland Yee Sentenced to Prison
San Jose Mercury News – Howard Mintz | Published: 2/24/2016

Former California Sen. Leland Yee was sentenced to five years in prison after admitting he accepted bribes from undercover agents posing as campaign donors. He pleaded guilty to one count of conspiracy to engage in racketeering, which was filed as part of an organized crime investigation in San Francisco’s Chinatown that led to charges against more than two dozen people. Yee acknowledged accepting $11,000 in exchange for setting up a meeting with another state senator and $10,000 for recommending someone for a grant. He also discussed helping an undercover FBI agent buy automatic weapons from the Philippines that were intended to be brought to the U.S. for distribution.

Kansas – Want to Vote in This State? You Have to Have a Passport or Dig Up a Birth Certificate.
Washington Post – Sari Horwitz | Published: 2/19/2016

National attention on voting rights has mostly focused on whether new voter-identification laws in states such as North Carolina and Texas will disenfranchise minority voters. But there is a battle unfolding in Kansas over who can register to vote in the first place. Election-law experts say what happens here could have ramifications for voting throughout the country during a pivotal presidential election year. The American Civil Liberties Union sued Kansas, saying thousands of state residents are “trapped in limbo” because of the requirement that Kansans who register to vote have to show documents, such as a birth certificate or a passport, proving they are citizens.

Maine – After Legislative Raids and Funding Delays, Maine’s Public Campaign-Finance Money Could Run Out
Portland Press Herald – Steve Mistler | Published: 2/23/2016

Maine’s public campaign finance system could run out of money as state lawmakers have repeatedly raided the fund for other purposes. Jonathan Wayne, the executive director of the state ethics commission, told the Legislature’s budget writing committee that lawmakers have withdrawn around $12 million from the clean elections fund since 2002. Wayne also said the Legislature had returned $5.6 million to the voter-approved program, but that was not enough to offset the decline in funds. Supporters of the program also blame Gov. Paul LePage for withholding $1 million that was supposed to go the fund. The additional funding was included in the 2015 referendum that boosted the annual allocation to the program.

Massachusetts – Walsh Files Municipal Lobbying Legislation
Boston Globe – Mark Arsenault | Published: 2/25/2016

Boston Mayor Martin Walsh filed a home rule petition that would force city lobbyists to register and publicly report their efforts to influence public policy. It requires approval by the city council and then the Massachusetts Legislature. The proposal is based on existing lobbying rules for state government, Walsh said. He wants to get it through the Legislature this session. If the plan wins approval, municipal lobbyists in Boston would be required to file reports twice a year declaring their campaign contributions, the names of their clients, the legislation or policy decisions they had tried to influence, and the political positions for which they advocated. Lobbyists would also be required to report the pay they received from each lobbying client, as well as the dates of “lobbying communications” with public officials.

Mississippi – Elected Officials Use Campaign Finds for Private Gain in Mississippi
The Sun-Herald – Geoff Pender, Mollie Bryant, and Katie Royals (Jackson Clarion-Ledger) | Published: 2/22/2016

For many Mississippi politicians, campaign funds have become personal expense accounts or a second income, potentially tax free. The spending is largely paid for by lobbyists and special interests doing business with state government. They otherwise would not be allowed to lavish cash, gifts, or a second income on politicians. Campaign funds are shielded from taxes, ethics, and other laws because they are ostensibly to be used only for campaigning and records of them are ostensibly open to the public. Most states and the federal government, in efforts to reduce the corrosive influence of money in politics, have stringent reporting requirements. Mississippi does not. Most states also have prohibitions against personal spending of campaign money. In Mississippi, the practice is common.

Missouri – Some Question the Limits to Legislating the Missouri Legislature
St. Louis Public Radio – Jason Rosenbaum | Published: 2/24/2016

The Missouri House this year embarked on an ethics overhaul buoyed by the resignations of Reps. John Diehl and Paul LeVota, who stepped down amid accusations of inappropriate behavior toward female interns. Once the session began, the House quickly passed bills that would curb lobbyist gifts and slow down the transition between legislating and lobbying. But some lawmakers have questions about whether these reform initiatives will change a Legislature whose reputation has increasingly declined. They point out the scandals in question involved male lawmakers sexually harassing female interns, conscious choices that do not have much to do directly with lobbyist gifts or influence.

New Hampshire – N.H. Campaign Finance Lapses Go Unnoticed
Concord Monitor – Allie Morris | Published: 2/20/2016

A bill in New Hampshire would bar lawmakers from accepting campaign donations from lobbyists and block legislators from becoming registered lobbyists immediately after leaving office. It is not yet clear what lawmakers will do with the bill. But before they seek to put more regulations in place, a recent report shows they could be better served focusing on enforcing the ones that already exist. The Center for Public Integrity found campaign finance violations in New Hampshire can go largely unnoticed. The center cited a 2013 report that showed the state attorney general’s office regularly reviewed complaints regarding election violations and voter fraud, but investigated just one complaint out of 40 that dealt with campaign finance.

New Jersey – Birdsall CEO Pleads Guilty in Huge N.J. Pay-to-Play Scheme
Newark Star Ledger – S.P. Sullivan (NJ Advance Media) | Published: 2/18/2016

The former chief executive of a politically connected engineering firm has admitted to his role in a $1 million scheme to get around New Jersey’s “pay-to-play” laws. Howard Birdsall pleaded guilty to corporate misconduct. He ran Birdsall Services Group before investigators found the company disguised illegal corporate political contributions as personal donations from employees. The firm would have been disqualified from public contracts if made contributions to campaigns and political organizations in its own name. The state will recommend that Birdsall be sentenced to four years in state prison. He must also pay nearly $50,000. That is the amount of political donations he made that were reimbursed by the firm.

Virginia – No Rules Means No Accountability for Virginia Campaign Funds
ABC News – Alan Suderman (Associated Press) | Published: 2/19/2016

Records show the businesses that lobby Virginia politicians are also subsidizing meals at fancy restaurants, stays in the finest hotels, and personal expenses like gas and cellphone bills through campaign donations. Compounding the issue is the fact that lawmakers seldom face serious challenges; only a handful of races were seriously contested in 2015, and not a single incumbent lost in the general election. That means politicians who run up huge fundraising accounts to scare off challengers do not have to spend the money on campaigning.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.