Now, that is one sexy topic for a conference session!! To be honest, it is a session at the 2016 Public Affairs Council National PAC Conference in Miami, Florida and yours truly is one of the session leaders along with our good friend Jennifer Spall, senior director of political programs at Wal-Mart.

Here is my #1 comment about 2016—If you are not involved with making political contributions, you might as well hibernate. It will be a huge campaign season—from city, county, state, and president. Our office is already vetting contributions for 2018 elections.

Register for the conference at www.pac.org and hear many of our contributions colleagues around the country speak about how important it is to manage and organize how, when, and why contributions are made.

And, if that isn’t enough of an enticement…Plan on joining the State and Federal Communications team on Wednesday, March 9th for lunch. We want to give you the opportunity to take a tour of our website and see the important information we provide to thousands of your counterparts in corporate and trade association government affairs firms.

There is a lot to know about campaign finance and making political contributions. And, whether you care about reform or not (as published by Doug Pinkham’s December 22nd blog), you do need to know there are things to keep track of to protect your organization. This is the week to promote to your professional development.

Until next month, remember it is impossible to have 50 state political contributions laws in your head…Join us in Miami and find out how you can be the expert at your organization.

Thank you.
Happy New Year.

Elizabeth Z. Bartz

President and CEO
@elizabethbartz

Lobbying

“How Obama Failed to Shut Washington’s Revolving Door” by Josh Gerstein for Politico

Pennsylvania: “Pennsylvania Legislature Aims at Lobbying Overhaul; Reaction Mixed” by Kate Giammarise and Chris Potter for Pittsburgh Post-Gazette

Campaign Finance

Arizona: “APS Refuses Request to Disclose Political Contributions” by Ryan Randazzo for Arizona Republic

California: “Super Bowl Committee Raising Millions, with Little Transparency” by Joe Garofoli for San Francisco Chronicle

Illinois: “Madigan Uses Quirk in Law to Stockpile 2016 Campaign Cash against Rauner” by Rick Pearson for Chicago Tribune

Ethics

California: “Farmers Try Political Force to Twist Open California’s Taps” by Michael Wines and Jennifer Medina for New York Times

Colorado: “Colorado Ethics Commission Has No Investigators, Little Authority” by Joey Bunch for Denver Post

Missouri: “Missouri Lawmakers Vow Once Again to Tackle Ethics Reform” by Jason Hancock for Kansas City Star

New York: “JCOPE Finds Gabryszak Violated State Law, Faces Fines” by Jimmy Vielkind for Capital New York

Redistricting

Florida: “Judge Sides with Voters Groups in Senate Redistricting Case” by Gray Rohrer for Orlando Sentinel

Here is our January calendar:

January 7-9   NCSL Executive Winter Meeting, Salt Lake City, Utah

January 8-10   Women in Government State Directors’ Conference, Tampa, Florida

January 10-14   PAC Institute, Laguna Beach, California

January 12   WGR Toastmasters, Washington, DC

January 20-22   United States Conference of Mayors, Washington, DC

January 25-28   PAC Grassroots Conference, Orlando, Florida

Following a ruling by the California Supreme Court, the California Legislature is permitted to place an advisory measure related to campaign finance on the November 2016 ballot. The advisory measure asks voters their opinions on campaign finance and whether there should be a federal constitutional amendment to overturn Citizens United.

A conservative group challenged the constitutionality of the advisory measure, insisting the Legislature was prohibited from putting such measures before voters. The California Supreme Court ruled the advisory measure is permissible because state legislatures have a role in passing federal constitutional amendments, and therefore it met the required nexus between an advisory measure and a potential legislative action.

Proposition 49, the “Citizens United” measure, will appear on the general election ballot in November 2016.

The Joint Commission on Public Ethics (JCOPE) has formally accused former Assemblyman Dennis Gabryszak of using his government office to aid his reelection campaign, as well as sexually harassing several female staff members.

JCOPE’s investigators found Gabryszak used his office resources, including phones, computers, and printers to aid his political campaigns. The commission also determined Gabryszak used his position to “create and perpetuate an environment in which he could engage in sexually inappropriate behavior.”

The commission accused Gabryszak of at least five violations of New York’s Public Officers Law in what a commission spokesman called “a deplorable exhibition of how not to act in public service.”

The case will now move to the Legislative Ethics Commission, which will decide whether and how much to fine Gabryszak. Each violation of the Public Officers Law carries a penalty of up to $10,000.

Campaign Finance

“Now it’s Even Easier for Candidates and Their Aides to Help Super PACs” by Matea Gold for Washington Post

“The 10 Best 2015 Investigative Reports on Political Money” by Robert Faturechi for ProPublica

“Campaign Cash in State Judicial Elections Grows” by Christina Cassidy (Associated Press) for Philadelphia Inquirer

New Mexico: “Campaign Finance Scandal Leads to Calls for Closing Loopholes in New Mexico’s System” by Susan Montoya Bryan (Associated Press) for Minneapolis Star Tribune

New York: “Legislature Passes Law Requiring Donation Disclosures from Contractors” by Joe Nikic for The Island Now

Wisconsin: “DAs Tap In for Wisconsin Campaign-Finance Probe” by Molly Willms for Courthouse News Service

Ethics

Alabama: “Ethics Commission Vice Chair Resigns after Late Filing of Disclosure Statement” by Mike Cason for AL.com

Arizona: “Regulators Hire Lawyer to Serve as ‘Ethics Officer’” by Ryan Randazzo for Arizona Republic

Colorado: “CU Nutrition Expert Accepts $550,000 from Coca-Cola for Obesity Campaign” by David Olinger for Denver Post

Missouri: “Missouri State Lawmakers to Take another Swing at Ethics Reform” by Alex Stuckey for St. Louis Post-Dispatch

New Mexico: “Police Sgt. Says Governor Was ‘Inebriated’” by Edmundo Carrillo for Albuquerque Journal

New York: “Preet Bharara: The man behind NY corruption busting” by Joseph Spector for Rochester Democrat and Chronicle

New York: “Dean Skelos Files Pension Papers” by Jimmy Vielkind for Capital New York

Pennsylvania: “Colwyn, Pennsylvania: The town that can’t seem to govern itself” by Daniel Vock for Governing

South Carolina: “Clock Ticking for Ethics Reform in South Carolina” by Maya Prabhu for Charleston Post and Courier

Tennessee: “TN House Ethics Committee Hasn’t Met in at Least 5 Years” by Dave Boucher for The Tennessean

Elections

“An Effort to Give Women a Voice in the Republican Party” by Carl Hulse for New York Times

“Kids and Candidates a Potent Combination” by Ben Schreckinger for Politico

“Carson’s Many Faces: Doctor, author, speaker – and candidate” by Eileen Sullivan (Associated Press) for Philadelphia Inquirer

Legislative Issues

North Carolina: “Questions Raised about Rules Chairman David Lewis’ Actions Related to Printing Contract” by Patrick Gannon for Charlotte Observer

Lobby Comply is taking a holiday break. We’ll be back on Monday, January 4.

Enjoy your holidays!

We have many things for which we are thankful at State and Federal Communications. Before the day gets away from us, we would like to thank you for following Lobby Comply Blog.

We’ve had a great year and look forward to giving our very best service to our clients in 2016. Happy Holidays from all of us at State and Federal Communications!

National:

‘Dark Money’ Biggest Campaign Finance Challenge Facing States
Denver Post – Geoff Mullvihill (Associated Press) | Published: 12/21/2015

With the presidency at stake in 2016 – as well as a dozen gubernatorial races, 34 U.S. Senate contests, all seats in the U.S. House, and scores of mayoral races, state legislative seats, and ballot initiatives – dark-money spending is expected to grow, and handling it has become the biggest campaign finance challenge for states nationwide. Some Legislatures are trying to collect and publish the sources of these donations, but most states allow independent groups to spend unlimited cash on political ads with little transparency. At least one state, Wisconsin, is moving away from disclosure: Gov. Scott Walker signed laws that blur the lines between the activity of candidate campaigns and groups that in almost all other states are supposed to act independently.

Sanders Data Controversy Spotlights Powerful Gatekeeper
Politico – Nancy Scola | Published: 12/20/2015

While Bernie Sanders may have calmed a controversy by apologizing to Hillary Clinton for his campaign’s viewing and downloading of her voter data information, the extent of the damage done to both campaigns is not yet clear. If nothing else, it has reminded Democrats of the risks of leaning so heavily on one private company to provide its technology infrastructure. At the heart of the matter is a firm that functions as the digital plumbing of the Democratic Party: NGP VAN. Democrats are nearly wholly dependent on it, which is why the breach and the Sanders campaign’s subsequent cutoff from the system is so rattling the party.

Trump Played a Clever Trick When He Called Clinton’s Bathroom Visit ‘Disgusting’
Washington Post – Zachary Goldfarb | Published: 12/22/2015

Donald Trump made another polarizing comment when he said it was “too disgusting” to talk about Hillary Clinton’s use of the bathroom during the last Democratic debate and she had got “schlonged” by Barack Obama when she lost to him in the 2008 Democratic primary. Trump was surely talking off-the-cuff in his usual style, and the comments were criticized as offensive and sexist, but it was another example of his mastery in exploiting the psychological biases of conservatives who see much to dislike in today’s society and express support for Trump in the polls. In fact, academic research has shown conservatives have a particular revulsion to “disgusting” images. The research – still debated – suggests psychological and even biological traits divide people politically. These are attributes that may help explain why Trump has been so popular among a segment of the electorate, confounding political and media elites.

Federal:

As TV Ad Rates Soar, ‘Super PACs’ Pivot to Core Campaign Work
New York Times – Nick Corasaniti and Matt Flegenheimer | Published: 12/22/2015

Soaring advertising costs in early primary states are compelling major super PACs to realign their tactics, de-emphasizing the costly broadcast television buys that had been their main role in past presidential campaigns in favor of the kind of nuts-and-bolts work that candidates used to handle themselves. They are overseeing extensive field operations, data-collection programs, digital advertising, email lists, opposition research, and voter registration efforts. No one yet knows whether field and data efforts spearheaded by outside groups will be as effective as they are in the hands of a candidate.

Hospitality and Gambling Interests Delay Closing of Billion-Dollar Tax Loophole
New York Times – Eric Lipton and Liz Moyer | Published: 12/20/2015

As congressional leaders were hastily braiding together a tax and spending bill of more than 2,000 pages, lobbyists swooped in to add 54 words that temporarily preserved a loophole sought by the hotel, restaurant, and gambling industries, along with billionaire Wall Street investors, that allowed them to put real estate in trusts and avoid taxes. They won support from Senate Minority leader Harry Reid, who responded to appeals from executives of casino companies, politically powerful players and huge employers in his home state. And the lobbyists even helped draft the crucial language. The small changes, and the enormous windfall they generated, show the power of connected corporate lobbyists to alter a huge bill that is being put together with little time for lawmakers to consider. Throughout the legislation, there were thousands of other add-ons.

How America’s Dying White Supremacist Movement Is Seizing on Donald Trump’s Appeal
Washington Post – Peter Holley and Sarah Larimer | Published: 12/21/2015

For large numbers of Americans, Donald Trump’s blunt rhetoric surrounding immigration, minority groups, and crime may sound like finely tuned retrograde vitriol. But for a growing number of white nationalists flocking to the campaign’s circus-like tent, the billionaire sounds familiar, like a man fluent in the native tongue of disaffected whites. It is a language they never thought they would hear a mainstream politician in either party use in public. And they are desperately hoping Trump’s rise from reality-show figure to Republican front-runner may be the beginning of something that transcends the campaign trail.

New FEC Chairman Aims to Calm Agency at War with Itself
Center for Public Integrity – Dave Levinthal | Published: 12/21/2015

Matthew Petersen was appointed FEC chairperson for 2016. The Republican Petersen says his tenure at the agency’s helm will prove decidedly different than that of Democrat Ann Ravel, the current chair who has used her office’s meager power – a bully pulpit, mainly – to its maximum. Personal and ideological rifts have meant commissioners have largely been unwilling to tackle the nation’s thorniest election law issues this year, such as the degree to which super PACs may work with the political candidates they support. Even if the FEC in 2016 is kinder and gentler, reform activists worry it will be no more functional, and possibly less.

From the States and Municipalities:

California – Critics Decry Contributions to Councilman Englander from Taser Execs Seeking LAPD Camera Contract
Los Angeles Times – David Zahniser | Published: 12/21/2015

As voters went to the polls in 2011 to crack down on what some referred to as “pay-to-play” practices at Los Angeles City Hall, passing a measure to limit the political influence of companies that seek government business. Measure H prohibits firms seeking lucrative city contracts from making campaign contributions to the politicians who have final say over those agreements. But that law may prove to be toothless in the case of Taser International, the company currently up for a $31.2-million contract to provide thousands of body cameras to the Los Angeles Police Department. Last year, a dozen donors affiliated with Taser, half of them company executives, put $8,400 into the re-election bid of Councilperson Mitch Englander, who heads the council’s Public Safety Committee, which recently reviewed the effort to buy 6,140 cameras and 4,400 Tasers. Englander says the campaign money is not covered by the ballot measure’s restrictions.

Missouri – Andrew Blunt’s Lobbying Work Faces Scrutiny as He Manages Father’s Re-Election Bid
Springfield News-Leader – Deirdre Shesgreen (USA Today) | Published: 12/18/2015

In the past nine months, lobbyist Andy Blunt has added seven new clients to his already packed roster, including the University of Missouri, which is paying him $10,000 a month, and the Missouri Cable Telecommunications Association, which hired him to serve as its executive director. In all, Blunt now has 36 clients, according to a review of Missouri Ethics Commission filings. Blunt’s allies say his long client list is a product of his hard work and political savvy. The 39-year-old Springfield native says he never lobbies his father, U.S. Sen. Roy Blunt, or any other federal official – establishing a “bright line” between his clients’ priorities in Jefferson City and his father’s political pull in Washington. But critics say Andy Blunt has used his last name and family connections to build a lobbying empire. And they argue his dual roles as a Missouri lobbyist and the senator’s campaign manager are rife with possible conflicts-of-interest.

Missouri – Missouri Legislative Staffers Earn Big Money as Political Consultants
Kansas City Star – Jason Hancock | Published: 12/20/2015

Statehouse staff members doing campaign work has long been a way of life at the Missouri Capitol. It is legal, as long as political work is not done on taxpayer time. Many see no harm in the practice, since it typically involves low-level legislative aides. Senior staff, who earn much bigger checks from campaigns, say they go to great strides to keep the two worlds separate. To critics, the scenario represents a potential conflict-of-interest, with the integrity of the legislative process compromised when staff members who earn taxpayer-funded salaries are also getting paid by outside interests with a stake in policy outcomes. Since most staff are not mandated to file the same sort of financial disclosures required of lawmakers, the flow of money can be difficult to track.

New Mexico – Can New Mexico Break Its Cycle of Corruption?
Governing – Alan Greenblatt | Published: 12/21/2015

The recent resignation, conviction, and incarceration of former Secretary of State Dianna Duran for embezzlement and money laundering has already prompted calls for major changes to New Mexico’s ethics and campaign finance laws. But watchdogs are skeptical that change will come. That is because for one, the Legislature is scheduled to meet for only 30 days in 2016. And although House Democrats introduced an ethics package, it is not certain how much momentum it will get, partially because many advocates worry the public has already grown too skeptical to think it is worthwhile to demand systemic change.

New Mexico – SOS Updates Guidelines for New Mexico Lobbyists
New Mexico In Depth – Sandra Fish | Published: 12/22/2015

The New Mexico secretary of state’s office published an updated set of guidelines for lobbyists. New Mexico in Depth reviewed lobbyists’ campaign contributions between 2013 and 2015. It noted it often was unclear if the lobbyist or an employer made donations reported by lobbyists. KOB-TV ran a series of stories about inconsistencies in campaign accounts, most of which occurred because of lax lobbyist reporting. The online reporting system is being updated to allow lobbyists to include the employer who makes a contribution. Lobbyists are asked to avoid reporting campaign donations cumulatively, instead listing individual contributions so they can be more easily compared to candidate reports. The rules also clarify that cumulative reporting of spending on lawmakers for meals and drinks of less than $75 per person should be more detailed than a single entry of all expenses for “various legislators.”

New York – Albany Trials Exposed the Power of a Real Estate Firm
New York Times – William Rashbaum | Published: 12/18/2015

One man who was a key player in the corruption cases against former New York lawmakers Dean Skelos and Sheldon Silver never appeared in the courtroom: Leonard Litwin, the 101-year-old owner of Glenwood Management, an influential developer that is among the state’s most prodigious political donors. The two trials revealed how entwined the interests of Glenwood and other developers are with the business of the state. Testimony, documents, emails, and other evidence provided the most detailed look to date at the ways in which Glenwood and others worked the levers of power to marshal tens of millions of dollars in campaign contributions through a maze of limited liability companies, trade associations, and political groups.

Pennsylvania – Scandal’s Web Trips Pennsylvania Attorney General Kathleen Kane
New York Times – Michael Wines | Published: 12/18/2015

By themselves, the emails were arresting enough: videos, photographs, cartoons, and jokes, some depicting sex acts; others mocking or demeaning blacks, gays, Muslims, and even the poor and uneducated. But just as disturbing is where they were found: on Pennsylvania government computers, in email accounts whose owners included some of the state’s most powerful figures. Since Kathleen Kane, Pennsylvania’s attorney general, released the first of the messages last year, a cabinet officer and a state Supreme Court justice have resigned, another justice is clinging to his job, and scores more have been censured or fired. It is the sort of scandal that an ambitious politician could easily ride to public acclaim and higher office. But for Kane, the email scandal has become a last-ditch weapon in a struggle to keep her job, and perhaps her freedom.

Texas – Austin Officials to Create New Lobbying Registration, Reporting Rules
Austin American-Statesman – Lilly Rockwell | Published: 12/17/2015

After easing concerns from the city’s development-oriented industries, the Austin City Council approved a proposal to strengthen lobbying registration requirements. The proposal would require more people engaged in advocacy at City Hall to register, and it bolsters the city’s ability to enforce its lobbying laws. The council’s vote directed the city manager to craft this ordinance, which will return to the council for final approval next year.

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.

Among the riders in the federal 2016 Omnibus Appropriations bill passed into law on December 18, 2015, were two provisions affecting campaign finance. Congress explicitly prohibited the Internal Revenue Service from making new rules concerning the political speech or activity of 501(c)(4) organizations. The legislation also prohibits the Securities and Exchange Commission from issuing regulations requiring corporations to disclose their political activity to their shareholders.

The Senate’s version of the Financial Services and General Government Appropriations Act, 2016, Senate Bill 1910, contained language altering the law regarding coordination between candidates and political parties. However, opposition from both parties prevented this rider making it in the final passed bill. The final bill also did not include a rider from House Resolution 2995, the House’s version of the bill, which would have barred the use of funds to recommend or require any entity submitting an offer for a federal contract to disclose specified political contributions as a condition of submitting the offer.

Photo of the United States Capitol by Martin Falbisoner on Wikimedia Commons.

Continuing a recent trend, Pennsylvania lawmakers plan to introduce a series of bills aimed at making lobbyist activity more transparent. The changes include broadening the defintion of a lobbyist, increasing the fine for violations of the lobbying law, and prohibiting a lobbyist from working on a political campaign.

State Sen. Scott Wagner will lead the charge by introducing two of the six bills, including one to require lobbyists to report any item of value given to a legislator. The senators believe there is wide support for the proposed changes.

We are sending out the 2016 State and Federal Communications, Inc. Executive Source Guidebooks today! For all of our clients who receive them, they will arrive in early January.

If you would like to know more about the Executive Source Guidebook and our compliance services, send a request to marketing@stateandfed.com.

Every year, State and Federal Communications hosts a holiday charitable service project called Stock the Sleigh. This year we gathered a mountain of gifts for the patients at Akron Children’s Hospital and had a blast doing it. Santa is going to have a hard time getting the sleigh off the ground.

Of course, Elizabeth Bartz’s army of very-hard-to-get LeBron James dolls made quite an impression!

Research Associate Katlin Newman and I delivered the gifts to the hospital and met Whitney Romine and the rest of the wonderful staff at the Volunteer Services office. We even had the chance to take a tour of the amazing facility! Thank you to everyone at Children’s Hospital for the crucial work you do and Happy Holidays to the patients and staff.

Lobbying

Arizona: “Embattled Arizona Utility Regulator Decides to Quit” by Howard Fischer (Capitol Media Services) for Arizona Daily Star

Missouri: “Andrew Blunt’s Lobbying Work Faces Scrutiny as He Manages Father’s Re-Election Bid” by Deirdre Shesgreen (USA Today) for Springfield News-Leader

Pennsylvania: “Lobbyist Reform Bills in Pa. Senate” by Greg Gross for York Dispatch

Texas: “Austin Officials to Create New Lobbying Registration, Reporting Rules” by Lilly Rockwell for Austin American-Statesman

Campaign Finance

“‘Dark Money’ Biggest Campaign Finance Challenge Facing States” by Geoff Mullvihill (Associated Press) for Denver Post

“New FEC Chairman Aims to Calm Agency at War with Itself” by Dave Levinthal for Center for Public Integrity

California: “Critics Decry Contributions to Councilman Englander from Taser Execs Seeking LAPD Camera Contract” by David Zahniser for Los Angeles Times

New York: “Albany Trials Exposed the Power of a Real Estate Firm” by William Rashbaum for New York Times

Ethics

Missouri: “Missouri Legislative Staffers Earn Big Money as Political Consultants” by Jason Hancock for Kansas City Star

New Mexico: “Can New Mexico Break Its Cycle of Corruption?” by Alan Greenblatt for Governing

Pennsylvania: “Scandal’s Web Trips Pennsylvania Attorney General Kathleen Kane” by Michael Wines for New York Times

Elections

“Sanders Data Controversy Spotlights Powerful Gatekeeper” by Nancy Scola for Politico

“Lindsey Graham Suspends His Presidential Campaign” by David Weigel and Robert Costa for Washington Post

California: “When Legislator Resigns, Costs Can Be High to Voters, Party” by Laurel Rosenhall (CALmatters) for San Francisco Chronicle