The state of Mississippi is challenging a lower court ruling affecting its campaign finance laws. In September, 2013, U.S. District Judge Sharion Aycock ruled the state’s campaign finance registration and reporting requirements unconstitutional for people or groups spending money to support or oppose a ballot initiative.

Under Mississippi law, groups seeking to support or oppose statewide ballot issues must register as political committees if receiving or making expenditures in excess of $200 during a calendar year. Moreover, campaign finance reports must include the name and address of any person donating more than $200 to a ballot issue committee.

The state argues the disclosure requirement provides transparency and is, therefore, substantially related to a sufficiently important government interest. Others claim the extensive and confusing regulations regarding political committees impose an undue burden and chill First Amendment speech.

The U.S. Court of Appeals for the 5th Circuit will hear the case September 3.

Lobbying

“Lobbying World” in The Hill.

“To pick staff, Scalise turns to lobbyist” by Anna Palmer and Jake Sherman in Politico.

“Support for lobbyists, Super PACs up, new poll finds” by Phil Ammann in St. Peters Blog.

Florida: “Feds sue Florida manufacturing agency over travel, lobbying expenses” by Paul Brinkmann in the Orlando Sentinel.

Missouri: “Lobbyist John Britton dies after a half-century as one of the most powerful figures in Missouri” by Michael D. Sorkin in the St. Louis Post Dispatch.

Virginia: “K St. connections dog Va. hopeful” by Cameron Joseph in The Hill.

Campaign Finance

Vermont: “Searchable campaign finance system goes live” by Terri Hallenbeck in the Burlington Free Press.

Ethics

Calfornia: “Former lobbyist, wife charged in embezzlement scheme” by David Zahniser Richard Winton in the Los Angeles Times.

Tallahassee, Florida: “Ethics proposal gets enough signatures for ballot” by Jeff Burlew in the Tallahassee Democrat.

Oklahoma: “Democrats file ethics complaint against Fallin” in Tulsa World.

Redistricting

Florida: “CBC, DCCC clash over Fla. redistricting suit” by Alex Isenstadt in Politico.

Open Government

“Federal watchdogs complain of access woes” by Josh Gerstein in Politico.

Government Tech and Social Media

“The Public Sector Considers Mobile-First Approaches to Citizen Interactions” by Justine Brown in Government Technology.

Lucie Fiset, the chief electoral officer of Quebec, plans to set up a searchable online registry for accused violators of the province’s election laws. The database is slated to be operational by March 2015. This initiative is part of Fiset’s broader strategic plan to promote transparency and tighten surveillance of political contributions and election spending.

Recently, the province has been examining links between public construction contracts, organized crime, and provincial and municipal political contributions after investigators testified about a political financing scheme involving straw men contributing to political parties using money from a third party, thus skirting contribution limits, residency requirements, and the ban on contributions from entities.

With the new database, the public and the media will be able to search or cross-reference charges against individuals, companies, organizations, and parties accused of violating election laws.

On January 1, 2015, the limit for individuals making contributions to Massachusetts state candidates increases from $500 to $1,000, due to a new campaign finance bill signed by Gov. Deval Patrick.

Among the many changes in House Bill 4366, signed on August 1, are new reporting requirements for political committees or other entities making independent expenditures, new disclosure requirements for certain types of political advertising, and the creation of a campaign finance and disclosure task force.

According to MassLive.com, Patrick said the bill, conceptually, was “exactly right.”

State and Federal Communications is now offering the free email update Lobby Comply News Roundup. We send it out each week, Monday through Thursday, similar to our publication News You Can Use which is sent out every Friday.

You can have Lobby Comply News Roundup containing all of your government compliance news sent directly to you. To sign up, click the SUBSCRIBE tab.

Lobbying

“Groupon joins Web lobby group” by Julian Hattem in The Hill.

Campaign Finance

“GOP launches new big money effort” by Byron Tau in Politico.

“Super PACs’ spending isn’t always welcomed by candidates they support” by Karen Tumulty in The Washington Post.

Arizona: “‘Dark money’ influencing state elections” by Howard Fischer in the Verde Independent.

Iowa: “New PAC seeks to expose campaign finance law flaws” by James Lynch in the WCF Courier.

Kansas: “They bought what?! Top 5 ridiculous Kansas campaign cash purchases” by Travis Perry in Kansas Watchdog.

Montana: “Campaign finance ruling should come after election” by Matt Volz (Associated Press in The Sacramento Bee.

Ethics

New Jersey: “Christie’s ethics watchdogs fail to bark or bite” by Mark Lagerkvist in the Philadelphia Inquirer.

New Jersey: “PAC’s donation to Trenton Mayor Eric Jackson’s campaign raises pay-to-play concerns” by Jenna Pizzi in the Times of Trenton.

Elections

“Top 10 Most Vulnerable Senators” by Kyle Trygstad and Alexis Levinson in Roll Call.

Procurement

“Policing Private Contractors Is Challenge for States” by Jenni Bergal in Stateline.

A special election will be held for three state judicial seats recently vacated by sitting judges. The state Board of Elections set the special election to coincide with the general election on November 4, 2014.

The seats up for election are for the Court of Appeals, the Superior Court in Mecklenburg County, and the Superior Court in Alamance County.

Judicial races in North Carolina are nonpartisan, statewide races, where all judicial candidates appear on the statewide ballot with no party affiliation. Each race is determined by a plurality of votes.

Candidates must file with the Board of Elections by noon on August 8, 2014, in order to appear on the special election ballot.

The Florida Legislature will convene a special session at noon on Thursday, August 7, 2014. The special session is a result of a ruling by Judge Terry Lewis ordering the Legislature to revise its congressional district maps, specifically for the 5th and 10th Congressional Districts.

The Legislature could potentially adjourn as early as Monday, August 11, under a proposed schedule released by House Speaker Will Weatherford and Senate President Don Gaetz. However, the Legislature has until August 15 to revise the maps.

Photo of the Florida State Capitol by Jenn Greiving on Wikimedia Commons.

Q. Several employees from my organization engage in selling to the states.  Do they have any lobbyist registration or reporting requirements?

A. The answer to your inquiry depends on two things:  first, does the state regulate procurement lobbying, and second, is there an applicable bona fide salesperson exception to the registration requirement.  To determine whether a state regulates procurement lobbying, you can use our Executive Source Guide on Procurement Lobbying.  The regulation of individuals attempting to influence the selection of a vendor has increased significantly, and this trend is expected to continue.

In states where procurement lobbying is regulated, individuals engaging in sales activity may be exempt from the registration requirement where a bona fide salesperson exception exists.  For example, in Maryland, a regular full time employee of a vendor paid to engage primarily in sales activity on behalf of the vendor is exempt from lobbyist registration.  In New York, the exception even extends to sales agents with contracts to represent their clients for a period longer than six months.

Absent an exception, sales employees who meet the lobbyist registration threshold in a state regulating procurement lobbying will be required to register.

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

A state judge ordered the Florida Legislature to redraw two congressional districts by August 15, 2014. In Rene Romo, et al v. Ken Detzner, et al, Judge Terry Lewis of the Leon County Circuit Court in Tallahassee found the redistricting maps drawn by the Legislature for the 5th and 10th Congressional Districts to be created “in contravention of the constitutional mandates” found in Article III, Section 20 of the Florida Constitution.

In addition to a new redistricting map drawn by the Legislature, the secretary of state and the supervisor of elections must present a proposed special election schedule by August 15, 2014.

A hearing is scheduled August 20, 2014, where objections to the proposed map and special election schedule will be heard. The judge is still tasked with determining whether a special election is necessary before a new Congress takes office in January 2015. While it is not an option to use a newly drawn map for the upcoming November 4, 2014, elections, Lewis pointed to the possibility of pushing the general election date back to allow for a special election in 2014 for any affected districts.

Republican leaders are considering an appeal to the ruling. In the interim, Lewis’ ruling forces the Legislature to convene a special session to revise its map by the August 15 deadline.

Lobbying

“The lobbying industry is back! But don’t expect more action on Capitol Hill” by Philip Bump in The Washington Post.

“Ex-congressional staffers cashing in as D.C. lobbyists” by Kimberly Atkins in the Boston Herald.

California: “Top California lobbying firms bring in big dollars in 2014” by Laurel Rosenhall in The Sacramento Bee.

Florida: “Former Miami-Dade deputy mayor joins lobbying firm that represented David Beckham” by Patricia Mazzei in the Miami Herald.

Utah: “Utah lobbyists required to wear badges at Capitol” by Michelle Price in The Spectrum.

Campaign Finance

“Poll: Support for Campaign Finance Reform Strong in Key Senate Races” by Denver Nicks in TIME.

“The FEC Deadlocks (Again) on Dark Money” by Daniel I. Weiner in the Brennan Center for Justice Blog.

“Harry Reid sets up vote on campaign finance reform” by Sean Lengell in the Washington Examiner.

“Exclusive: Powerhouse GOP group snared in money scheme” by Alexander Burns in Politico.

California: “Calif. appeals court says Citizens United measure should stay on ballot” by Christopher Cadelago in The Sacramento Bee.

California: “Probe Of Illegal Campaign Contributions To San Diego Politicians Taking Shape” by Amita Sharma in KPBS.

Iowa: “Campaign finance reformers test strategy in Iowa race” by James Q. Lynch in the Sioux City Journal.

Massachusetts: “House passes landmark campaign finance bill” in the Wicked Local Norfolk.

Massachusetts: “State campaign money: Use it or lose it” editorial in The Boston Globe.

Mississippi: “Miss. appeals federal judge’s block of small-group political spending laws; hearing Sept. 3” by Jack Elliott, Jr. (Associated Press) in The Republic.

Rhode Island: “Rhode Island Ethics Commission filings provide insights into finances of candidates for governor” by Jennifer Bogdan in the Providence Journal.

Wisconsin: “Another blow to campaign finance disclosure in Wisconsin?” by Jack Craver in The Capital Times.

Ethics

Indiana: “Officials say no state computer use for politics” by The Associated Press in The State.

Redistricting

Florida: “Florida Legislature to meet Thursday to pass new map” by Gary Fineout in the Florida Times-Union.

Congress

“Five things to know as Congress takes a five-week summer recess” by Alexander Bolton in The Hill.

“Reid: Senate will work weekends in September” by Ramsey Cox in The Hill.

Government Tech and Social Media

“Beyond @Congressedits, Capitol Hill Looks for Entry to Wikipedia” by Miranda Neubauer in TechPresident.

“States Introducing Virtual Currency Regulations” by Brian Heaton in Government Technology.

Here is our August – September calendar. If you are attending any of the coming events, please stop by and say hello!

August 9-13, 2014 CSG National & CSG West Annual Conference, Anchorage, Alaska

August 19-22, 2014   NCSL Legislative Summit, Minneapolis, Minnesota

September 8, 2014  WGR Toastmasters, Washington, D.C.

September 11-12, 2014   PLI: Corporate Political Activities Seminar, Washington, D.C.

September 22, 2014  WGR Toastmasters, Washington, D.C.

September 29 – October 1, 2014   PAC State and Local Government Affairs Conference, Alexandria, Virginia

July 1, 1993, is when it all began for State and Federal Communications. It is hard to believe it has been 21 years.

Last September, Jason Nazar wrote an article in Forbes magazine, 16 Surprising Statistics About Small Businesses. Here are a few of his points:

1. The Small Business Administration defines a small business as an enterprise having fewer than 500 employees.
2. There are 28 million small businesses in the United States. And, this does not include the 22 million self-employed people with no additional payroll or employees.
3. Since 1995, small businesses have generated more than 65% of the net new jobs.
4. Seven out of 10 new employers survive at least two years, half at least five years, a third at least 10 years, and a quarter stay in business 15 years or more.

I had to read that last one a few times because we have definitely exceeded it. I only review these articles when I am reflecting on another year in business. I hardly study it nor do I count where we stand in the percentage of small businesses who have reached milestones.

So, how do we keep things moving? Just a few things…

1. Do the next right thing.
2. Do what you said you would do.
3. Ask someone if you need help.
4. Remember Scar from The Lion King? Life’s not fair. Deal with it.
5. Most luck comes from general hard work.
6. It’s work…If it was a lot of fun, it would be called recess.
7. Admit mistakes when made…It really does make you feel better.
8. Bump in the road? Jump over it and keep moving forward.
9. Nothing short of right is right. [Hat tip to Bill Taylor, first director of Kent State University School of Journalism.]
10. If it is to be, it is up to me.

I am not Peter Drucker, Mary Follett, or Max Weber. I am not even Ben Stein…but I was raised by working parents with the Midwestern work ethic, which is basically the belief that hard work and perseverance, rooted in quiet humility, pays off in the long run.

We are up to the challenge. In 2014, we now have 38 people on staff to help you know what is important about lobbying, political contributions, and procurement lobbying in the United States, federal government, more than 250 municipalities, and Canada.

Thank you for being our clients, colleagues, vendors, and friends. Watch out for what’s next.

Thank you,

Elizabeth Z. Bartz
President and CEO
@elizabethbartz

State Sen. Johnny Key has vacated his seat in order to coordinate lobbying efforts for the University of Arkansas system as the associate vice president for university relations.

Gov. Mike Beebe will not call a special election to fill the empty seat due to the expected costs and logistical hurdles of replacing Key, whose term ends in January 2015.

Scott Flippo won the Republican nomination for the District 17 seat in June and will not have a Democrat challenger in the November election.