Well the weather outside is frightful…

That is how this column started but the weather has been unusually fabulous. So I re-wrote my column and am not going to discuss the weather…but something we all know more about.

Registrations and reports you have due in January could be frightening so we encourage you to find a delightful fire this month along with some corn for popping. Turn the lights way down low…And, let State and Federal Communications take care of your compliance needs.

The State and Federal Communications website—www.stateandfed.com—is complete with the important 2016 dates you need to know. Our offices are open and staffed in December, with the exception of being closed on December 24th, December 25th, December 31st, and January 1st.

You just cannot miss when State and Federal Communications is on your side.

On behalf of this great team, we wish you and yours a very Merry Christmas, Happy Hanukkah, and a Happy New Year.

Thank you.

Elizabeth Z. Bartz

President and CEO
@elizabethbartz

The Maine Ethics Commission handed down two penalties today for lobbying and campaign finance law violations.  Joel Allumbaugh, a lobbyist for a Florida-based think tank, was fined $50 for failing to disclose his status as a paid lobbyist to a legislative committee.  Allumbaugh faced up to a $5,000 fine, and is the first lobbyist to be punished under a 2006 state lobbying disclosure law.

State Representative Diane Russell was also fined by the Maine Ethics Commission after she omitted over $1,200 in expenditures from her political action committee.  Russell faced a potential $10,000 fine, but members of the Commission decided on a reduction to $2,000.

Lobbying

“E.P.A. Broke Law with Social Media Push for Water Rule, Auditor Finds” by Eric Lipton and Michael Shear for New York Times

“A Revolving Door Helps Big Banks’ Quiet Campaign to Muscle out Fannie and Freddie” by Gretchen Morgenson for New York Times

California: “As Hospital Lobbyist, Ex-County Employee Pushes Limits of Ethics Policy” by Tracy Wood for Voice of OC

Florida: “Broward Commission Rewrites its Ethics Code, Allows $5 Gifts” by Brittany Wallman for South Florida Sun Sentinel

Washington: “Ethics Board Looks at Lawmakers’ Meal Limit” by Joseph O’Sullivan for Seattle Times

Campaign Finance

“Stumbo Proposes Doubling Campaign Contribution Limit” by Ryland Barton for WFPL

Ethics

EU: “Commission Agrees to Boost Revolving-Door” by James Panichi for Politico

“Sen. Bob Corker Earned Millions More Than First Reported” by Mary Troyan for USA Today

New York: “Dean Skelos, Ex-New York Senate Leader, and His Son Are Convicted of Corruption” by William Rashbaum and Susanne Craig for New York Times

New York: “To Judge, Lawyer’s Cooperation Doesn’t Offset Corruption” by Benjamin Weiser for New York Times

Elections

“Cruz Campaign Credits Psychological Data and Analytics for Its Rising Success” by Tom Hamburger for Washington Post

The Legislative Ethics Board in Washington clarified its rule on free meals for legislators, which became effective January 1, 2015. At its December meeting, the board considered whether the rule should have more flexibility in its application in certain circumstances.

The board determined the following based on its discussion: annual, sit-down complimentary dinners to which all legislators are invited during a legislative session are not the type of dinners sought to be limited by the rule; when complimentary lunch is served at a city council meeting that is open to the public, such meal does not count toward the 12 free meals permitted under the rule; annual, sit down lunches hosted by business associations who employ lobbyists do not count against the 12 free meals permitted under the rule because such lunches are permissible under a separate exemption to the state gift ban; and potluck meals held as a result of a social relationship between a legislator and a lobbyist where the purpose of the meal is not to discuss legislative business do not count against the 12 free meals permitted under the rule.

Photo of the Washington State Capitol building by Nikopoley on Wikimedia Commons.

On December 14, testimony was heard in a case in U.S. District Court challenging the city of Austin’s campaign finance ordinances. City councilman Don Zimmerman originally brought the lawsuit last summer alleging the city’s blackout period for fundraising and the political contribution limits are unconstitutional violations of free speech. The trial being conducted before U.S. District Judge Lee Yeakel is expected to conclude this week.

Photo of Austin, Texas skyline at night by Argash on Wikimedia Commons.

Oklahoma lobbyist registration renewals are due by December 31, 2015. However, the renewal software is not yet available. Lobbyists will not be able to renew registrations until the software is ready. All registered lobbyists and liaisons will receive an email with instructions when the renewal feature is available.

At the time of renewal, each lobbyist will pay a $100 annual registration fee as well as a $100 fee for each lobbyist principal registered for 2016. If the principal is registered with the secretary of state, the Guardian System will identify when a principal has been registered multiple times to ensure only one $100 principal fee is charged regardless of the number of lobbyists who register the principal.

When a lobbyist principal is not registered with the Oklahoma Secretary of State, the system will initially charge a $100 fee for each principal regardless of whether the principal has previously been registered.

The ability to pay online at the time of registration will be provided for convenience. A lobbyist can choose to pay in person at the Ethics Commission office or by mailing in the fee.

Former Secretary of State Dianna Duran was sentenced to over seven years in jail, with all but 30 days suspended, and was ordered to pay $14,000 in restitution after pleading guilty to felony embezzlement charges. Duran, who siphoned money from her election account to fuel a gambling addiction, was also ordered to perform 2,000 hours of community service.

As part of her plea agreement, Duran has until December 16, 2015 to withdraw her guilty plea and go to trial. If she does not withdraw her guilty plea, she must report to jail by December 18, 2015.

Governor Cuomo has set a special election date for two vacant state Assembly seats and one vacant state Senate seat. Elections will be held on April 19, 2016, aligning with the date for New York’s presidential primary.

Elections will fill vacant seats in Assembly District 59 following the election of former Representative Roxanne Persaud’s to the state Senate, as well as in Assembly District 65 and Senate District 9 following the criminal convictions of former Representative Sheldon Silver and former Senator Dean Skelos.

Commissioners, by a count of 5-4, voted to loosen the strict gift limits imposed by the county ethics ordinance. Enacted in 2010, the ordinance created a no-gift rule, prohibiting city and county officials from accepting even a bottle of water at an event.

The new rules allow gifts, including non-alcoholic beverages, worth less than $5 and create an exception for gifts of sympathy. Other changes include the burden of reporting lobbying contact shifting away from the public official to the lobbyist and immediate family members may now act as government vendors.

Proponents lauded the changes, stating the zero-tolerance rules created a trap whereby government officials and employees could inadvertently violate the code.

Lobbying

California: “Stricter Rules Proposed For Reporting ‘Payments To Influence’” by Ben Bradford on Capital Public Radio

Campaign Finance

“Campaign Finance Reform Explained With Cartoons” by Rio Tazewell in The Huffington Post

“Romney super PAC fined” by Theodoric Meyer in Politico.

Oregon: “Campaign finance reform still unresolved” by Gordon Friedman in the Statesman Journal

Ethics

New York: “Governor Cuomo Promises More Ethics Reforms” on WNYC

New York: “Cuomo previews ethics reform plans and closing LLC loophole” by Matthew Hamilton in the Albany Times Union

New York: “Facing Criticism, Assemblyman Says He Is Declining Consulting Job” by MICHAEL M. GRYNBAUM in The New York Times

Elections

Iowa: “Terry Branstad Breaks Record for Longest-Serving U.S. Governor” by Alan Greenblatt in Governing

Texas: “In Close Race, Houston Elects Democratic Mayor Sylvester Turner” by Mike Morris and Rebecca Elliott in Governing

My time as the public relations intern at State and Federal has come to an end. I am extremely grateful for Elizabeth Bartz giving me an opportunity to execute the knowledge and skills I have learned at Kent State University. She is deeply committed to giving back to the students from her alma mater. I wanted to create a video to show my appreciation of her dedication. Enjoy.

Following just a little over a day of deliberations, former state Senate leader Dean Skelos has been found guilty of abusing his power while in office. Skelos used his office to extort over $300,000 in salary and other benefits to obtain employment for his son, who was also convicted of similar charges.

Skelos was arrested in May, and lost his Senate leadership role less than a week after his arrest.  Skelos’ conviction comes just two weeks after the conviction of former Speaker of the Assembly Sheldon Silver.

Photo of Dean Skelos courtesy of the New York Senate website.

Mayor Sam Liccardo is proposing new lobbyist disclosure rules for the city of San Jose. The rules would require lobbyists to report lobbyist activity weekly in electronic form. Currently, the city of San Jose requires quarterly disclosures be filed on paper.

The new rules also would require lobbyists to specify how they are contacting city officials – in person, by phone, or by email.

The city council will consider the mayor’s proposals at its next meeting, scheduled for December 15, 2015.

The Wichita, Kansas City Council approved a measure removing the prohibition on corporations, unions, and political action committees donating to local campaigns. Such groups are still limited to contributions of $500 per election, matching the limit on individual contributions and mirroring the state’s restrictions.

Proponents of the change believe with the limit so low, the risk of corporations or PACs swaying an election is minimal.

The council also voted unanimously to move city elections from the spring to the fall beginning in 2017.