Gov. Snyder has called a special election to fill the vacancy in House District 28 following the appointment of State Rep. Derek Miller as the Macomb County Treasurer. The special primary election will be held on August 2, with the special general election slated for November 8. Both special elections align with the primary and general election dates for the current election cycle.

The special election is for a term running through January 1, 2017. Candidates are able to run for the term expiring on January 1, 2017 as well as the full term after.

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 recently 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 jurisdictions are:

                    Cedar Rapids, Iowa  

                    Merced County, California

Q. I want to contribute to an acquaintance in Maryland.  I know there are pay-to-play restrictions.  What are my personal limitations?

A. Is your company “doing public business” with the state of Maryland?  “Doing public business” means having a single contract (an agreement in any form entered into by a governmental entity for a procurement) with a single governmental entity involving cumulative consideration of at least $200,000.  Governmental entity means: (1) the State, a county, a municipal corporation, or other political subdivision of the State; and (2) a unit of the State, a county, a municipal corporation, or other political subdivision of the State.

Contributions in Maryland are still permissible even though your employing organization is doing public business.  The issue is not permissibility, but whether disclosure is required.  If you are an officer or director and the contribution is $500 or more, it must be disclosed.

• Director is a member of the board of directors of a business entity
  [M.C.E.L. §14-101(g)].
• Officer includes an individual who serves as a business entity’s chief executive officer, president, vice president, secretary, treasurer, chief financial officer, managing partner, managing member, or principal or in any other formal or informal role in which the individual exercises substantial independent responsibility for managing the affairs of a business entity [M.C.E.L. §14-101(k)].

If you fall into either category, disclosure is required to the Board of Elections on May 31 and November 30.

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.

Lobbying

New Mexico: “Senators Credit KOB As They Pass Campaign Finance System Reform” by Ryan Luby for KOB

Campaign Finance

New Mexico: “‘Dark Money’ Disclosure Bill Dies in Final Days of Session” by Trip Jennings for New Mexico In Depth

Washington: “State: Food industry lobby engaged in ‘egregious’ money laundering in 2013 vote” by Joel Connelly for Seattle Post-Intelligencer

Ethics

Alaska: “Former Juneau Lawmaker Fined $18K for Allegedly Helping Oil Companies While Seeking Oil Jobs” by Matt Miller for KTOO

Missouri: “Gutting of Lobbying Bill Clouds Ethics Agenda’s Future” by Kurt Erickson for St. Louis Post-Dispatch

Missouri: “Missouri Rep. Don Gosen Abruptly Resigns under Cloud of Suspicion” by Jason Hancock for Kansas City Star

New York: “Former Assemblyman Dennis Gabryszak Accused of Sexually Harassing Staffers Is Fined $100G by Legislative Ethics Commission” by Kenneth Lovett for New York Daily News

Ohio: “Ginther’s Ethics Proposals Get Public Hearing” by Mike Foley for WCBE

Texas: “Reports: Indicted Crystal City mayor jailed after disrupted council meeting” by Claire Cardona for Dallas Morning News

Virginia: “Virginia Taxpayers Pick Up $2,435 Food and Beer Bill for Mystery Guests in Redskins Suite” by Graham Moomaw for Richmond Times-Dispatch

Elections

“Fall of the House of Bush: How last name and Donald Trump doomed Jeb” by Ed O’Keefe, Dan Balz and Matea Gold for the Washington Post

“Sanders Supporters Like Chipotle, While Trump Fans Prefer Sonic” by Tim Higgins for Bloomberg.com

“Bernie’s Army of Coders” by Darren Samuelsohn for Politico

“Pope Francis Suggests Donald Trump Is ‘Not Christian’” by Jim Yardley for The New York Times

Nevada: “Hillary Clinton Beats Bernie Sanders in Nevada Caucuses” by Amy Chozick and Patrick Healy for The New York Times

South Carolina “The More Donald Trump Defies His Party, the More His Supporters Cheer” by Trip Gabriel for The New York Times

South Carolina: “Donald Trump’s South Carolina Victory Spurs New G.O.P. Jostling” by Maggie Haberman and Alan Rappeport for The New York Times

The Joint Commission on Public Ethics has released an advisory opinion addressing whether an elected official can solicit and accept campaign contributions or other forms of support for his campaign from a subject of the official’s enforcement powers. In the opinion, JCOPE determined an elected official running for election may not directly solicit or accept monetary or in-kind campaign contributions from any person or entity which is the active subject of an ongoing exercise of enforcement powers of the elected official or the office of the elected official.

Additionally, other, non-monetary forms of political support will be determined on a case-by-case basis as to whether a conflict of interest exists. The public official would be required to recuse himself from an exercise of enforcement powers against a party from whom he accepted a contribution in the prior 12 months.

National:

Sanders Supporters Like Chipotle, While Trump Fans Prefer Sonic
Bloomberg.com – Tim Higgins | Published: 2/18/2016

Consumer data have traditionally been used by campaigns to better understand where they should invest their ad dollars, or which potential voters and donors they should have volunteers call. Now, candidates are increasingly using the sentiment to figure out how to present themselves to voters. A survey by Resonate shows Bernie Sanders supporters are 82 percent more likely than the average American to eat at Chipotle, while Donald Trump fans are 111 percent more likely to grab a bite at Sonic. Marco Rubio’s backers are 141 percent more likely to have stayed at a Ritz-Carlton.

Snapchat Bets Big on Quick-Fire Approach to Campaign Coverage
New York Times – Nick Corasaniti | Published: 2/12/2016

Best known for photo and video messages that disappear soon after they are delivered, Snapchat is making a big bet by trying to break into the news business at a time when the industry is in turmoil. Developing a strategy for news coverage at a time when established newsrooms are struggling with the digital transition could be seen as a risky move, even for a booming technology company. But Snapchat has something that every other news organization is after: a loyal and active audience of more than 100 million users. Snapchat’s mission is to reinvent mobile storytelling through the most compelling and important story of the year – the presidential election – and it is already finding an audience, with more than one million viewers on every political story it has produced.

The Year of ‘Enormous Rage’: Number of hate groups rose by 14 percent in 2015
Washington Post – Niraj Chokshi | Published: 2/17/2016

For the first time in five years, the number of hate groups in the U.S. rose in 2015, according to a report from the Southern Poverty Law Center. Swelling numbers of Ku Klux Klan chapters and black separatist groups drove last year’s surge, though organizations classified as anti-gay, anti-immigrant, and anti-Muslim saw small increases, too. A creeping rhetoric of intolerance among politicians helped to normalize hate, the center argued. And while it singled out other presidential contenders, the center, which conservatives criticize for casting too wide a net, stated Donald Trump had “electrified the radical right.”

Federal:

Battle over Scalia’s Replacement Already Spilling into Senate Races
Washington Post – Steven Mufson and Juliet Eilperin | Published: 2/15/2016

Advocacy groups are gearing up for a fierce political fight over President Obama’s pick to fill the U.S. Supreme Court vacancy created by the death of Justice Antonin Scalia, and already the battle is spilling from the presidential campaign into some of the nation’s most hotly contested Senate races. Republicans have argued Obama should allow his successor to make the pick and they would block any attempt to confirm a new justice this year. One consideration that may force Republicans to recalibrate their strategy is the prospect of political damage to some of the embattled Senate incumbents up for re-election this fall. Democrats see a potential confirmation battle as an opportunity to put Republicans on the defensive and as a wedge issue that could help them retake control of the Senate.

Campaigns Secretly Prep for Brokered GOP Convention
Politico – Brett Schreckinger | Published: 2/15/2016

As Donald Trump and Ted Cruz divide up the first primaries and center-right candidates hammer one another in a race to be the mainstream alternative, Republicans are waging a shadow primary for control of delegates in anticipation of what one senior party official called “the white whale of politics”: a contested national convention. Should the first ballot fail to produce a nominee, the outcome of the convention will depend on results of the parallel primary now underway for the hearts and minds of delegates. Each state party has its own rules governing delegate selection, a process so steeped in nuance and legal ambiguity that there are multiple blogs dedicated to wading through it all.

DNC Rolls Back Restrictions on Lobbyist Donation
Washington Post – Tom Hamburger and Paul Kane | Published: 2/12/2016

The Democratic National Committee (DNC) has dismantled the last of its prohibitions on receiving contributions from lobbyists and PACs. The DNC opened the door to K Street donations earlier this summer, when it announced that lobbyists and corporate PACs would once again be allowed to contribute to the annual nominating conventions. With the DNC now accepting all lobbyist and PAC donations, it has reversed the policies that were adopted in 2008, when Barack Obama vowed to curb the influence of special interests in Washington.

Pope Francis Suggests Donald Trump Is ‘Not Christian’
New York Times – Jim Yardley | Published: 2/18/2016

Pope Francis suggested Donald Trump “is not Christian” because of the harshness of his campaign promises to deport more immigrants and force Mexico to pay for a wall along the border. Trump has also made inflammatory comments accusing Mexican immigrants of being rapists and criminals. Asked whether he would try to influence Catholics in how they vote in the presidential election, Francis said he “was not going to get involved in that” but then repeated his criticism of Trump, with a caveat. “I say only that this man is not Christian if he has said things like that,” Francis said.

From the States and Municipalities:

California – Coastal Chief’s Ouster Prompts Bill to Require Transparency between Lobbyists and Panel
Los Angeles Times – Dan Weikel and Tony Barboza | Published: 2/12/2016

Assembly members said they plan to introduce legislation to require people who lobby the California Coastal Commission to register with the state and disclose their clients with business pending before the land-use agency. Lawmakers contend the measure would close a loophole that exempts lobbyists on the commission level from reporting details of their activities to the public. They say their bill also would require lobbyists to report to the public the payments they receive from clients and how much they spend on lobbying for specific matters that come before the commission. Lawmakers said they are motivated by what they consider a lack of transparency surrounding the firing of commission Executive Director Charles Lester.

California – L.A. Ethics Commission OKs $47,000 in Fines for Lobbying Violations
Los Angeles Times – Emily Alpert Reyes | Published: 2/16/2016

The Los Angeles City Ethics Commission voted to fine two nonprofits more than $47,000 for failing to accurately report how much they had spent on lobbying. Both the Los Angeles Alliance for a New Economy and the Hospital Association of Southern California had registered employees with the city as lobbyists. Yet the two groups reported spending nothing on lobbying by those employees for years, even as they spoke up on a laundry list of issues at City Hall. The steeper fine imposed on LAANE – $30,000 for a dozen violations over three years – appears to be the highest for a lobbying violation that the Ethics Commission has ever imposed. The hospital group will pay $17,500.

Florida – Apopka’s Hired Lobbyist Not Registered to Lobby for City in 2014, 2015
Orlando Sentinel – Bethany Rodgers | Published: 2/11/2016

The city of Apopka paid $165,000 to Richard Anderson to lobby the state and federal governments on behalf of the city from late 2014 through 2015. But state records show there was no registered lobbyist for Apopka during that time period, either in Tallahassee or Washington, D.C. Anderson said he has not done any state or federal lobbying for Apopka because city officials never requested it. Dave Mica, chairperson of the Florida Association of Professional Lobbyists, said Anderson is not a member of his organization and declined to comment on Apopka’s situation. Mica said there are industry standards for lobbyists. “It’s stated in our code of ethics that all members should diligently and vigorously advance the interests of their client and employer,” Mica said.

Massachusetts – FBI, IRS Raid Canton Law Office of State Senator Brian Joyce
Boston Globe – Milton Valencia, Astead Herndon, and Andrea Estes | Published: 2/17/2016

The FBI and IRS raided the law office of Massachusetts Sen. Brian Joyce. A person familiar with the investigation said the raid stemmed from recent stories in The Boston Globe detailing several ways in which Joyce allegedly used his position as a senator to benefit himself and his law practice. He is already under investigation by the state Ethics Commission and recently settled allegations of improper use of his campaign fund with Office of Campaign and Political Finance. Jerry Richman said he gave Joyce free dry cleaning for more than a decade starting in 1997. Richman, who owned Woodlawn Cleaners until 2008, said Joyce brought in $50 to $100 worth of dry cleaning almost weekly for years and did not pay.

Michigan – Lansing Power Brokers: Law firms, others strengthen their lobbying corps
Crain’s Detroit Business – Lindsay Vanhulle | Published: 2/7/2016

Lobbying is not just the work of traditional multi-client firms in state capitals. Some law firms with offices in Michigan are hiring more in-house lobbyists or forming other partnerships to handle meetings with legislators, prepare testimony for committee meetings, and build the relationships needed to help swing the pendulum in favor of their clients. The investment in lobbying is not without its critics, but nontraditional shifts in hiring, and consultants who serve as these behind-the-scenes dealmakers and educators, are a trend as clients seek to save money on litigation or influence policy decisions. Another motivation is to educate existing staff on legislative issues of the day.

New Mexico – Ethics Bill Appears Dead after Sponsor Ends Support
Albuquerque Journal – Dan Boyd | Published: 2/16/2016

The New Mexico Legislature abandoned efforts to establish a state ethics commission this year that would oversee the conduct of public officials, lobbyists, and contractors. A proposed constitutional amendment to create an independent ethics agency died in a Senate committee after requests were made to rein in the authority of the agency. The plan was an ambitious component of reforms proposed in response to a campaign finance scandal last year that led the resignation and jailing of former Secretary of State Dianna Duran. The House had voted in favor of creating the ethics commission.

Utah – Free Lunches Becoming More Rare for Utah Legislators
Salt Lake Tribune – Lee Davidson | Published: 2/15/2016

Utah lawmakers’ schedules these days generally include fewer free-meal events sponsored by special-interest groups than they used to. Many groups hoping to lobby the Legislature en masse seem to be shifting away from time-consuming lunches and dinners to receptions where legislators can drop in briefly. A likely reason is the Legislature changed its pay structure a few years ago to eliminate what had been a financial incentive to accept free meals. With that gone, many now tend to value quick events that do not consume too much of their time. But so many free breakfasts, lunches, dinners, snack breaks, receptions, and family events still exist that questions arise about whether they allow wealthy special interests to buy extra access and, perhaps, influence.

Washington – State: Food industry lobby engaged in ‘egregious’ money laundering in 2013 vote
Seattle Post-Intelligencer – Joel Connelly | Published: 2/17/2016

Washington Attorney General Bob Ferguson alleges the Grocery Manufacturers Association (GMA) concealed the source of $11 million spent to fight a 2013 ballot initiative, and internal documents reveal how it was done. Ferguson is suing the GMA over a fund it set up to conceal food companies donating to the defeat of Initiative 522, which would have required labeling of all genetically engineered foods and seeds sold in Washington. Ferguson filed a suit against the GMA late in the campaign, after which the association agreed to register with the Public Disclosure Commission and provide information on donors, who turned out to be a “who’s who” of big food companies. The GMA decried what it called Washington’s “hopelessly vague disclosure law” and charged it “improperly burdens” the constitutional right of trade associations to participate in the state’s political process.

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.

The Legislature adjourned sine die on Thursday, February 18, 2016. Before adjourning, lawmakers passed House Bill 105 to revamp its campaign finance information system.

Gov. Susana Martinez has until March 9 to act on legislation. Any bill failing to reach her desk is now dead.

Photo of the New Mexico State Capitol by Urban on Wikimedia Commons.

On February 18, Gov. Pat McCrory called a special session of the General Assembly, for the purpose of drawing new congressional district maps. The new maps are needed because two congressional districts have been declared unconstitutional by the United States District Court for the Middle District of North Carolina just ahead of the upcoming primary election.

The regular session of the General Assembly is not scheduled to meet until April 25.

Photo of the North Carolina State Legislative Building by Jayron32 on Wikimedia Commons.

Lobbying

Alaska: “Local Interests Paying More for Lobbyists at Cash-Strapped Alaska Capitol” by Nathaniel Herz for Alaska Dispatch News

California: “Coastal Chief’s Ouster Prompts Bill to Require Transparency between Lobbyists and Panel” by Dan Weikel and Tony Barboza for Los Angeles Times

Campaign Finance

“How Scalia’s Death Could Shake Up Campaign Finance” by Richard Hasen for Politico

“Big-Money Liberals Vow to Back Bernie Whether He Likes It or Not” by Jonathan Swan for The Hill

Ethics

“The Year of ‘Enormous Rage’: Number of hate groups rose by 14 percent in 2015” by Niraj Chokshi for Washington Post

“Justice Scalia’s Death and Questions about Who Pays for Supreme Court Justices to Visit Remote Resorts” by Mark Berman and Jerry Markon for Washington Post

“San Francisco D.A. Gascón, FBI Launch Corruption Task Force”  by Vivian Ho for San Francisco Chronicle

“FBI, IRS Raid Canton Law Office of State Senator Brian Joyce” by Milton Valencia for Boston Globe

Elections

“Donald Trump Is a Conundrum for Political Comedy” by James Poniewozic for New York Times

Today, the Municipal Securities Rulemaking Board (MSRB) announced new pay-to-play regulations, extending current pay-to-play rules to municipal advisors, including those acting as third-party solicitors. “The integrity of the municipal market will be well-served by regulations to help ensure that all municipal advisors that do business with state and local governments do so based on the merits of their work and not on financial influence,” said MSRB Executive Director Lynnette Kelly in a press release. The new regulations take effect on August 17.

The Legislative Ethics Commission has fined former Assemblyman Dennis Gabryszak $100,000 after the Joint Commission on Public Ethics formally accused him of violating Public Officers Law. Gabryszak’s fine is made up of $30,000 for using his office resources, including phones, computers, and printers to aid his political campaigns, and $70,000 for sexually harassing seven female staff members while in office.

Gabryszak resigned in January 2014. The $100,000 fine is the second largest civil fine ever handed out by the New York Legislative Ethics Commission.

Lobbying

California: “L.A. Ethics Commission OKs $47,000 in Fines for Lobbying Violations” by Emily Alpert Reyes for Los Angeles Times

Michigan: “Lansing Power Brokers: Law firms, others strengthen their lobbying corps” by Lindsay Vanhulle for Crain’s Detroit Business

New Mexico: “Ethics Commission Hits Dead End in Senate Panel” by Dan Boyd for Albuquerque Journal

Utah: “Free Lunches Becoming More Rare for Utah Legislators” by Lee Davidson for Salt Lake Tribune

Campaign Finance

Alaska: “North Slope Borough Mayor Charlotte Brower Pays $35,000 Campaign Fine” by Alex DeMarban for Alaska Dispatch News

Minnesota: “Minnesota Legislators Use Campaign Funds for Child Care, Pet Urns and Travel” by J. Patrick Coolican and Maya Rao for Minneapolis Star Tribune

Ethics

California: “Taking the Oath of Office Seriously to Fight Corruption in Southeast L.A. County” by Ruben Vives for Los Angeles Times

Ohio: “Convention Center Food Contract Prompts Criminal Investigation” by Lucas Sullivan for Columbus Dispatch

Elections

“Snapchat Bets Big on Quick-Fire Approach to Campaign Coverage” by Nick Corasaniti for New York Times

“Battle over Scalia’s Replacement Already Spilling into Senate Races” by Steven Mufson and Juliet Eilperin for Washington Post

“Campaigns Secretly Prep for Brokered GOP Convention” by Ben Schreckinger for Politico

Procurement

Texas: “Some Contractors Say New Texas Disclosure Law Confusing” by   for KXAN; Associated Press

Gov. Hogan has established a commission to help update the state’s approach to procurement. Hogan said a new system was needed as the current approach is a patchwork of laws and processes resulting in unreliability and actually discourages participation to do business with the state.

The commission is comprised of 19 individuals with various backgrounds, including information technology, construction, engineering, law, and representatives from various state agencies.

The commission will be charged with standardizing interpretation of contracting codes, using new technology to make the procurement process more efficient, and simplifying the existing template Maryland uses for requesting proposals.

Lobbying

Florida: “Lobbying firms pull in cash as year ends” by Jim Saunders in the Tallahassee Democrat

Hawaii: “Lobbying Law Proposed For Kauai” by Chad Blair in the Honolulu Civil Beat

Idaho: “Bill would make university, state agency lobbyists report their spending” by Betsy Russell in the Spokesman Review

New Hampshire: “Political Wrangling Over ‘People’s Pledge’ in New Hampshire” by Simone Pathé in Roll Call

New Mexico: “Campaign finance fix bill triggered by KOB investigation 1 step away from clearing legislature” by Ryan Luby in KOB 4

Ethics

New Mexico: “Ethics commission proposal faces scrutiny in Senate panel” by Dan Boyd in the Albuquerque Journal

Virginia: “Senators vote to undo parts of ethics reform law” by Jim Nolan in the Richmond Times-Dispatch

Elections

“DCCC Names First 16 Candidates to ‘Red to Blue’ Program” by Simone Pathé in Roll Call

Florida: “With Safe Districts Gone, Two Florida Lawmakers Taking Their Time on 2016 Decision” by Eli Yokley in Roll Call

Ohio: “Bill would ban switching political parties in Ohio primary elections” by Robert Higgs in the Plain Dealer

Procurement

Texas: “Some contractors say new Texas disclosure law confusing” by The Associated Press in KXAN

Legislative Issues

Alaska: “Longtime Alaska Lawmaker Max Gruenberg Dies” by Nathaniel Herz in Governing

Arizona: “Arizona lawmakers seek ability to more easily overturn ballot measures” by Howard Fischer in the Daily Courier