The Santa Clara County Board of Supervisors unanimously passed a referral to request a draft lobbying ordinance in order to improve transparency and accountability in county procurements. County Counsel, Orry Korb, is tasked with reviewing existing lobbying regulations in other localities for drafting purposes. The referral specifically mentions San Jose’s lobbying ordinance as one with a proven track record and able to provide much of the necessary framework and language.

A presentation and consideration of a draft lobbying ordinance will be presented to the Finance and Government Operations Committee before a final version is brought to the full board in December, 2013.

Photo of the Santa Clara Government Center courtesy of Coolcaesar in Wikimedia Commons.

On October 16, the Utah Legislature adjourned its one-day special session sine die. The Legislature passed bills authorizing state funds to open and operate national parks, monuments, and recreation areas, to cover the benefits of certain unpaid furloughed employees, and to offset obligations caused by delays in federal funding to the Child Nutrition Program. Gov. Gary Herbert signed the bills Wednesday night.

Federal:

Business Groups Stand by Boehner, Plot against Tea Party

Washington Post – Jia Lynn Yang and Tom Hamburger | Published: 10/17/2013

Rather than revisit their strategy of supporting Republicans after the stand-off that nearly drove the country to a debt default, influential organizations such as the U.S. Chamber of Commerce are standing behind U.S. House Speaker John Boehner. More importantly, Boehner’s friends in the business community are getting ready to take sides in a few GOP primary races against tea party candidates in Michigan, Idaho, and Alabama who could cause him more trouble.

Lobbyists’ Lobbying Group Wants a New Name – One That Doesn’t Mention Lobbying

Washington Post – Holly Yeager | Published: 10/15/2013

The board of directors for the American League of Lobbyists has made its choice for the organization’s new name: the Association of Government Relations Professionals. The group’s bylaws require two-thirds approval by its members before the name can be changed. There have been surveys and other research revealing a majority of members no longer identify themselves only as lobbyists.

From the States and Municipalities:

Arizona – Court Blocks New Arizona Campaign Finance Law; Opens Door for Candidates to Receive More Money

East Valley Tribune – Howard Fischer (Capitol Media Services) | Published: 10/15/2013

The Arizona Court of Appeals issued a preliminary injunction against the state’s higher campaign contribution limits. The order directs Secretary of State Ken Bennett not to enforce the law. The ruling makes it likely the state will turn to the Arizona Supreme Court to review the case.

Arizona – Ex-Phoenix Lobbyist Indicted over Contributions

San Francisco Chronicle; Associated Press –   | Published: 10/10/2013

Gary Husk, a once influential lobbyist in Phoenix whose key clients included the Fiesta Bowl, has been charged with eight felonies for using his firm’s money to reimburse staff after directing them to make specific campaign contributions. The donations went to high-profile politicians with whom Husk sought access and influence, including Arizona Gov. Jan Brewer.

California – Bob Filner, Former San Diego Mayor, Pleads Guilty to Criminal Charges

New York Times – Rob Davis and Adam Nagourney | Published: 10/15/2013

Former San Diego Mayor Bob Filner pleaded guilty to three criminal counts related to the sexual harassment allegations that drove him from office after a summer of scandal. Filner pleaded guilty to one criminal count of false imprisonment by violence, fraud, menace, and deceit, and two misdemeanor counts of battery. Sentencing was set for December 9, and documents indicate he will get three years of probation and no prison time.

Colorado – Colo. Pot Advocates File Unusual Campaign Finance Report

CBS News; Associated Press –   | Published: 10/17/2013

No Over Taxation, a group that had distributed free marijuana cigarettes at a rally opposing possible new taxes in Colorado, filed a disclosure report saying the joints were worth $1,250, and were paid for by a lawyer funding its campaign. Colorado Ethics Watch had filed a complaint alleging the marijuana was an in-kind campaign contribution and the anti-tax group had failed to initially report it.

Georgia – FBI Contacts Attorney in Ethics Case

Augusta Chronicle – Christina Cassidy (Associated Press) | Published: 10/10/2013

FBI agents have questioned Georgia ethics commission attorney Elisabeth Murray-Obertein, who raised concerns about the panel’s investigation into Gov. Nathan Deal. Murray-Obertein is a key figure in the allegations lodged in a pair of whistle-blower lawsuits accusing commission Executive Secretary Holly LaBerge of bragging about her relationship with Deal and saying he “owed her” after the agency dismissed the most serious campaign finance complaints raised in its investigation of the governor.

Hawaii – Circuit Hears Hawaii Campaign Finance Case

Courthouse News Service – Tim Hull | Published: 10/14/2013

A-1 A-Lectrician, Inc. sued the Hawaii Campaign Spending Commission in 2010, arguing the state’s non-candidate committee donation caps, advertising definition, disclaimer requirements, and ban on government contractors donating to candidates were all unconstitutional. The case is now before a panel of the Ninth U.S. Circuit Court of Appeals, which hinted it may delay a ruling until the U.S. Supreme Court decides a similar case.

Michigan – Bobby Ferguson Sentenced to Serve 21 Years in Federal Prison for Corruption

Detroit Free Press – Jim Schaefer, Tammy Staples Battaglia, and Eric Lawrence | Published: 10/11/2013

Bobby Ferguson, the friend and favorite construction contractor of former Detroit Mayor Kwame Kilpatrick, was sentenced to 21 years in federal prison. Ferguson was convicted of nine felonies, including racketeering and bribery.  He was accused of illegally securing $70 million in city contracts through his friendship with the ex-mayor, who was sentenced to 28 years in prison for his role in the extortion and racketeering scheme.

Montana – State of Montana Slaps Conservative ‘Dark Money’ Groups for Campaign Violations

The Missoulian – Mike Dennison | Published: 10/17/2013

Montana Commissioner of Political Practices Jonathan Motl said he found sufficient evidence to show Western Tradition Partnership violated state campaign finance law in a 2010 Republican House primary race. Motl found the “dark-money” group, now known as American Tradition Partnership, illegally coordinated campaign expenditures with candidate Dan Kennedy.

New York – Judge Rejects Bid by PAC to Raise Large Sums for Lhota

Wall Street Journal – Andrew Grossman | Published: 10/17/2013

U.S. District Court Judge Paul Crotty rejected a request by New York Progress and Protection PAC to overturn a state law that prohibits individuals from giving more than $150,000 each year to campaigns and political committees. Crotty said granting the injunction would be disruptive because it would come too close to the November 5 election.

Pennsylvania – Philly Ethics Board Proposal Allows $200 Limit on Gifts

Philadelphia Inquirer – Claudia Vargas | Published: 10/17/2013

The Philadelphia Board of Ethics has drafted a list of regulations that are supposed to better explain what is allowed under the current code for “gifts, loans, and favors to city personnel.” For example, the proposal would allow city officers and employees to accept gifts of up to $200 in value per year from any single source. A hearing on the proposed regulations is scheduled for November 20.

Virginia – Star Scientific Chief Thought McDonnell Was Helping Firm Get State Funding

Washington Post – Rosalind Helderman and Carol Leoning | Published: 10/11/2013

Star Scientific Chief Executive Officer Jonnie Williams Sr. has told federal investigators he believed Virginia Gov. Robert McDonnell was helping his company get funding from the state’s tobacco commission at the same time that Williams was giving money and gifts to the governor and his family. Under federal law, it can be illegal for elected officials to agree to take official actions in exchange for gifts or money, even if they do not ultimately follow through on their promises or have the power to do so.

Washington – Washington State Sues Lobbyists over Campaign against GMO Labeling

Reuters – Carey Gillam | Published: 10/16/2013

The state of Washington filed a lawsuit alleging the Grocery Manufacturers Association illegally collected and spent more than $7 million while shielding the identity of its donors in an effort to oppose Ballot Initiative 522, which would require labeling of genetically modified foods. The attorney general’s office is asking the court to order the group to immediately comply with state disclosure laws. It also said it would seek civil penalties.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

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Governor Steve Beshear has called two special elections for December 10, 2013. The elections will be in the 7th House District and the 13th Senate District.

The 7th District vacancy occurred after Rep. John Arnold resigned his seat in September following sexual harassment allegations from three Legislative Research Commission employees. The Legislative Ethics Commission recently determined there was probable cause Rep. Arnold violated the code of ethics and will hold a full hearing on the sexual harassment complaints on December 12.

The 13th Senate District vacancy occurred following Sen. Kathy Stein’s circuit judge appointment.

Lobbying

“Uber hires first DC lobbying firm” by Bendon Sasso in The Hill.

Campaign Finance

“McCutcheon and the Future of Campaign Finance Reform” by Rick Cohen in the Nonprofit Quarterly.

“Former FEC Commissioner, Lessig debate campaign finance reform (video)” on Harvard.edu.

California: “Political Parties And A Campaign Finance No-Man’s Land” by Joe Yerardi in KPBS Public Broadcasting.

Michigan: “Campaign Finance Expert Visits Dearborn on Oct. 24” by Daniel Lai in the Dearborn Patch.

Montana: “Commissioner says ongoing investigation finds ‘dark money’ groups coordinated with candidate” by Matt Gouras (Associated Press) in The Republic.

Ethics

“Members of Congress Keep Lawyers Busy” by Kent Cooper in Roll Call’s Political MoneyLine.

Campaigns and Elections

“6 Major Surprises in House Campaign Fundraising” by Emily Cahn in Roll Call.

Illinois: “Gov. Candidates File Campaign Finance Reports” on WICS News.

New Jersey: “Cory Booker Elected Senator in New Jersey” by Kyle Trygstad in Roll Call.

Oklahoma: “Oklahoma congressmen report campaign contributions” by Chris Casteel in The Oklahoman.

Tech and Social Media

“Democracy.com Hopes to Level Campaign Playing Field With Social Network For Politics” by Miranda Neubauer in TechPresident.

“The Demise of the Public Hearing” by Rob Gurwitt in Governing.

The Lakewood, Colorado City Council voted to approve new campaign finance rules October 14. The new ordinance caps campaign donations at $2,500 per person for council candidates and $5,000 for mayoral candidates. Additionally, cash and in-kind donations will be treated the same; together they cannot exceed the limits.

Other amendments to the ordinance require LLCs making political donations of more than $100 to disclose their members.

The ordinance also addresses complaints against candidates. The deadline to file a complaint has been changed from 180 days after the alleged violation to 120 days after the violation.

Finally, the ordinance outlines the threshold or point at which a person interested in running for an elected position becomes a candidate. Declaring candidacy, receiving a donation, or making a campaign-related expenditure all trigger the change in status.

City Attorney Tim Cox confirmed the changes will have no effect on the current election and will not be implemented until April 2014.

Photo of the Lakewood Civic Center by Jeffrey Beall on Wikimedia Commons.

A precept for a special election for New Hampshire State Representative in Strafford County District 6 (Durham and Madbury) was approved on October 16 by Governor Margaret Hassan and the Executive Council. The primary election will be held on December 17 followed by a special general election on February 4, 2014.

Gov. Mike Beebe issued a call to bring the General Assembly into special session to address the health insurance rate increase facing the Public School Employee Plan. The special session will begin Thursday, October 17, and is expected to conclude by the end of the day on Saturday, October 19, 2013.

Beebe is confident bipartisan efforts will pass bills designed to stabilize retirement plans for teachers and public school employees.

Photo of the Arkansas State Capitol courtesy of jglazer75 in Wikimedia Commons.

On October 15, New Hampshire Gov. Maggie Hassan announced she will call for a special session of the Legislature.

According to the governor’s press release, Hassan will ask the Executive Council to support calling a special session for November 7 through November 21.

The purpose of the special session will be to consider the Medicaid Expansion Study Commission’s report recommending the state accept $2.5 billion in federal funds to expand Medicaid.

Photo of the New Hampshire State House by AlexiusHoratius on Wikimedia Commons.

On October 15, 2013, an Arizona Court of Appeals directed the secretary of state not to enforce the law concerning contribution limits enacted in House Bill 2593, which had became effective on September 13, 2013.

According to the Arizona Daily Star, the courts’ three-judge panel found the new law illegal without explaining the basis of its decision. The lawsuit challenging the constitutionality of the new law was brought by the Citizens Clean Elections Commission and others from the state.

Changes in the law include allowing individuals and noncertified political committees to give $2,000 to candidates running for legislative and statewide offices who do not participate in the state’s Citizens Clean Elections Act campaign financing system and removing the aggregate contribution limitations for individuals and some political committees.

Lobbying

“Lights! Cameras! Action on K Street” by Kevin Bogardus on The Hill.

“Bottom Line” in The Hill.

New York: “Lobbying spending dips in NY to lowest in 5 years” by Joseph Spector in the Democrat and Chronicle.

New York: “JCOPE Mid-Year lobbying data is out” by Rick Karlin in the Times Union.

Campaign Finance

“Why striking down campaign contribution limits might make politics better” by John Sides in The Washington Post.

“The Political-Monetary Complex” op-ed by Thomas B. Edsall in The New York Times.

“Extra! Extra!! Get your real time campaign finance data here!!!” by Jacob Fenton in the Sunlight Foundation blog.

Arizona: “Arizona court blocks new campaign finance law” by Howard Fischer in the Arizona Daily Star.

New Jersey: “N.J. election spending soars: Political groups’ $21M shatters Jersey record” by Michael Linhorst in The Record.

Ethics

New York: “NY corruption commission expands probes” by Michael Gormley (Associated Press) in the Connecticut Post.

Redistricting

North Carolina: “N.C. panel calling for fairer redistricting scheduled to meet” by The Associated Press in the News & Record.

Tech and Social Media

Maryland: “Hough argues for webcasting committee votes, floor sessions” by Bethany Rodgers in The Frederick News-Post.

The D.C. City Council failed to overturn a mayoral veto of The Large Retailer Accountability Act, a bill requiring large retailers with corporate sales of $1 billion or more to pay their employees a “living wage” of $12.50 per hour.

Seven of the 13 city council members voted to support the override of the veto, which was two votes shy of the nine votes needed for the measure to pass.

Gov. Scott Walker has called a special election to fill a vacancy in the 82nd Assembly District.

The election will be held December 17, 2013.

If more than one candidate files for the seat, a primary election will be held November 19, 2013, the same day as special general elections to fill vacancies in the 21st and 69th Assembly Districts.

State and Federal Communications is proud to be the Keynote Speaker Sponsor at the Washington Area State Relations Group 2013 WASRG Summit today in Washington, D.C.

Our Federal Compliance Associate Rebecca South and Marketing Manager Melissa Coultas are attending the event.

They Keynote Speakers are Robert Blizzard, a Partner at Public Opinion Strategies and Drew Lieberman with Greenberg Quinlan Rosner Research, Inc.