Elizabeth Bartz, president and CEO of State and Federal Communications, was the emcee at the Summit County Social Services Advisory Board  Making a Difference Human Services Forum and Awards Presentation today. Bartz is a member of the Summit County Social Services Advisory Board and a Co-Chair of its Budget and Levy Committee.

The subject of the forum was “A Network of Safety – Partners You Don’t Know, Partners You Don’t Expect” and the panelists were Captain Sylvia Trundle of the Akron Police Department, Dr. Michael Holder of the Austen BioInnovation Institute, and SA Kenneth Westak, Jr. of the FBI Cleveland.

 

 

On Thursday, October 31, State and Federal Communications is hosting its fourth annual Halloween Donut and Apple Cider sale. All proceeds will benefit the United Way of Summit County.

Drop in and say hello from 9:00 to 11:30 a.m. and enjoy a delicious treat. We’ll be in the lobby of 80 South Summit St. in Downtown Akron, across from Quaker Square.

The Krispy Kreme donuts are $1.00 per donut or $7.00 per dozen. The apple cider will be $1.00 per cup or $8.00 per gallon.

To reserve your donuts, you can email Joy Cosgrove at jcosgrove@stateandfed.com or Nicolette Koozer at nkoozer@stateandfed.com, or call us at 330-761-9960.

National:

Lobbying Bonanza as Firms Try to Influence European Union

New York Times – Eric Lipton Danny Hakim | Published: 10/18/2013

As the European Union has emerged as a regulatory superpower, its policies have become ever more important to corporations operating across borders. In turn, the lobbying business in Brussels has become larger and more competitive, rivaled only by Washington, D.C. Some say American law firms are undercutting efforts to bring more transparency to lobbying in the Belgian capital, citing lawyer-client confidentiality to evade a government-backed but voluntary disclosure effort.

State Pro-Business Organizations Are Publicly Funded, but Privately Controlled

The Center for Public Integrity – Nicholas Kusnetz | Published: 10/23/2013

Some states have given control over corporate tax incentives to public-private partnerships that are often run by the states’ most influential businesspeople. Supporters say these partnerships are more nimble than government bureaucracies and are insulated from electoral politics. But much of the spending remains secret. Even most public agencies do not disclose the recipients of all the incentives because of tax privacy laws.

Federal:

Cassidy Lobby Shop Goes Social

Washington Post – Catherine Ho | Published: 10/18/2013

With the lobbying business at a standstill on K Street, even big firms such as Cassidy & Associates have to embrace new ways of reaching policymakers and clients to protect their bottom lines. Cassidy has been trying to attract visitors to its Web site, which the firm has spent the last year overhauling to attract more potential clients through Twitter, Facebook, LinkedIn, and YouTube.

From the States and Municipalities:

Alabama – Alabama Considers Creating Election Commission

San Francisco Chronicle – Philip Rawls (Associated Press) | Published: 10/19/2013

Candidates have to report their contributions and expenditures to the Alabama secretary of state, but little is being done to make sure the reports are filed accurately. Some lawmakers said the solution could be to create a small state agency similar to the Federal Elections Commission.

California – FPPC Fines Arizona Group $1 Million for Campaign Finance Violations

Sacramento Bee – Laurel Rosenhall | Published: 10/24/2013

The California Fair Political Practices Commission levied a combined $1 million fine against Americans for Responsible Leadership and the Center to Protect Patient Rights for illegally funneling millions of dollars into a pair of ballot measure campaigns in 2012.

California – Riverside County Supervisors to Amend Campaign Finance Rules

Desert Sun; City News Service –   | Published: 10/22/2013

The Riverside County Board of Supervisors amended campaign finance regulations so candidates or PACs will, beginning January 1, 2014, have to electronically post details of a contribution within 10 days if the amount meets or exceeds $1,000. The revision affects candidates for assessor-clerk-recorder, auditor-controller, district attorney, judge, sheriff, supervisor, superintendent of schools, and treasurer-tax collector, as well as sponsors of ballot measures that are countywide in scope.

District of Columbia – Campaign Finance Reform Will Get D.C. Council Vote Next Month

Washington Post – Mike DeBonis | Published: 10/22/2013

The District of Columbia Council will vote on a package of campaign finance reforms as soon as November 5. The changes would restrict the ability of different companies owned by the same people to donate to the same candidate, require lobbyists to disclose their bundling of campaign contributions, and require political committees to report donations of $10,000 or more they believe to have been bundled, among other provisions.

Georgia – Commissioner: State auditor to handle ethics probe

Columbus Republic – Christina Cassidy (Associated Press) | Published: 10/22/2013

The Georgia Department of Audits and Accounts will investigate concerns surrounding the state ethics commission and its handling of complaints involving Gov. Nathan Deal. State Auditor Greg Griffin was initially appointed by the governor since the job became open outside of a legislative session. That connection to Deal drew criticism from Senate Minority Leader Steve Henson, who called the decision a “travesty of justice,” and said a special prosecutor would have been a better option.

Hawaii – Ethics Probe into Honolulu Mayor Sparks Talk of Reform

Honolulu Civil Beat – Nick Grube | Published: 10/18/2013

Ethical questions have been raised about a luau to celebrate the inauguration of Honolulu Mayor Kirk Caldwell, including whether it was a vehicle used by city contractors and lobbyists to curry favor with the new mayor. It has also opened up the debate over whether Honolulu’s ethics laws need to be strengthened to close any loopholes regarding gift-giving.

Michigan – Activists ‘Make it Rain’ in Michigan House, Drop Fake Million Dollar Bills on Lawmakers

MLive.com – Jonathan Oosting | Published: 10/23/2013

Anti-corruption protesters shouted from the Michigan House gallery as they showered state lawmakers with fake million dollar bills. The national group Represent Us says Michigan has one of the worst records of government corruption in the nation. It pulled a similar stunt in the New York Senate this June.

Montana – Montana Legislature Committee Hears Divide over Political Practices Job

The Missoulian – Charles Johnson | Published: 10/22/2013

The Legislature’s State Administration and Veterans’ Affairs Committee is studying Montana’s political practices office and looking at how other states regulate of campaign finances, ethics, and lobbyist and disclosure. Any recommendations will go to the 2015 Legislature for consideration. Those testifying before the committee offered divergent opinions about the role of the office and how it should be structured.

New York – Group Supporting Lhota Can Accept Unlimited Donations, Court Says

New York Times – Thomas Kaplan | Published: 10/24/2013

A three-judge panel of the U.S. Court of Appeals for the Second Circuit ruled a political committee created to support New York City mayoral candidate Joseph Lhota can accept contributions above the $150,000 annual limit for individuals set by state law. The judges said the state’s cap on donations to independent political groups was probably unconstitutional.

New York – New Bill Would Require Businesses Seeking State Contracts to Detail Donations to Governor

New York Daily News – Ken Lovett | Published: 10/22/2013

A bill introduced recently in the New York Legislature would require businesses seeking state agency contracts to make public a list of all campaign contributions made to the governor and others in the executive branch. Before any contract could be awarded, the companies would have to detail all donations from the business, its subsidiaries, key employees, and their spouses over the preceding 18 month period.

Texas – 5th Circ. Axes Texas Ban on Corporate PAC Donations

Law360.com – Jeremy Heallen | Published: 10/16/2013

The Fifth U.S. Circuit Court of Appeals ruled Texas cannot bar PACs from soliciting corporate donations, making it the fourth Circuit Court to uphold indirect corporate political contributions since the U.S. Supreme Court’s Citizens United ruling. Texans for Free Enterprise, a PAC that does not contribute directly to campaigns but solicits donations to run ads supporting or opposing candidates, had challenged the law.

Washington – Wash. AG Still Seeking Penalty against Food Industry Group That Didn’t Disclose Donors

Columbus Republic – Mike Baker (Associated Press) | Published: 10/22/2013

Washington Attorney General Bob Ferguson will move ahead with a lawsuit filed against the Grocery Manufacturers Association. Ferguson said he will still seek penalties from the group, which recently identified donors who contributed money to oppose a food labeling initiative. The attorney general said the case involved concealing a record-setting amount of donations and there must be sanctions for violating the law.

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.

News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.

The Second Circuit Court of Appeals has reversed a District Court ruling, denying a preliminary injunction on campaign contributions to independent-expenditure PACs. The lawsuit was filed by New York Progress and Protection PAC, who alleged that a wealthy donor, Shaun McCutcheon, pledged to donate $200,000 to the PAC in support of Joseph J. Lhota, a NYC mayoral candidate. McCutcheon’s donation, however, would exceed the contribution limit of $150,000 to independent-expenditure committees set by New York law.

The Circuit Court granted the injunction, stating the contribution limits are “likely unconstitutional” and the claim has a substantial likelihood of success. The Court further noted the plaintiffs would face irreparable harm if the injunction was not granted.

The donor in question, Shaun McCutcheon, is also embroiled in a similar suit before the Supreme Court of the United States, challenging the federal limits to campaign contributions.

On October 23, 2013, the Federal Election Commission (FEC) updated its policy regarding a program for requesting consideration of legal questions during a report review or audit process.

The commission now provides an electronic means for filing these types of requests, which previously were available only by filing in paper form. While requests may be still submitted in paper form, the FEC encourages requestors to submit their requests via email to ensure the timely receipt and consideration of the comments.

Requestors may submit requests to LegalRequestProgram@fec.gov

Lobbying

“Lobbyists shift strategy amid gridlocked Congress” by Catherine Ho in The Washington Post.

“GOP hardliners reach out to K Street” by Anna Palmer and Jake Sherman in Politico.

“Primary challenges would require shift from Chamber of Commerce” by Kevin Bogardus in The Hill.

“Grocery Manufacturers Assn. Discloses Federal and Washington State Lobbying” by Kent Cooper in Roll Call’s Political MoneyLine.

“Lobbying Heats Up Before Farm Talks” by Ron Nixon in The New York Times.

Campaign Finance

“Political influence by county: A new way to look at campaign finance data” by Ryan Sibley and Bob Lannon and Ben Chartoff in the Sunlight Foundation Blog.

California: “California’s political watchdog settles with shadowy Arizona group criticized for not disclosing donors” by Jessica Calefati in the San Jose Mercury-News.

California: “Political watchdog to levy $1-million fine on out-of-state groups” by Chris Megerian and Anthony York in the Los Angeles Times.

Connecticut: “Reporters grill Malloy on fundraisers” by Ken Dixon in the Connecticut Post.

District of Columbia: “McDuffie’s Campaign Finance Reform Bill Isn’t Strong Enough, Says Wells” by Matt Cohen in dcist.com.

New York: “Ex-Liu campaign treasurer appeals conviction in NY” by Larry Neumeister in the Post-Star.

Wisconsin: “Wisconsin lawmakers rake in special interest money” by Donovan Slack in the Fond du Lac Reporter.

Ethics

Iowa: “Three words make big difference in Iowa legislative ethics rules” by James Q. Lynch in the Sioux City Journal.

State Legislatures

Montana lawmaker term limits: “Montana lawmakers seek to strengthen Legislature” by The Associated Press in the Bozeman Daily Chronicle.

Tech and Social Media

“Change.org Enables Elected Leaders To Respond To Petitions” by Sarah Lai Stirland in TechPresident.

Lobbying

“Lobbying World” in The Hill.

Campaign Finance

District of Columbia: “Campaign finance reform will get D.C. Council vote next month” by Mike DeBonis in The Washington Post.

Kentucky: “Outside groups spend millions to sway Ky. senate race” by Joseph Gerth in The Courier-Journal.

Ethics

Georgia: “State auditor to investigate Deal, ethics commission” by Christina A. Cassidy in the Athens Banner-Herald.

Elections

Washington: “Washington state special election could decide party control” by Reid Wilson in The Washington Post.

Tech and Social Media

“Now You Can Petition Some Members of Congress Directly” by Joseph Marks in Nextgov.

“Farewell to The Thicket” by Karl Kurtz in NCSL’s The Thicket. The Thicket will be absorbed by the NCSL blog found here.

The Board of Supervisors has amended campaign finance regulations to require candidates and committees to electronically disclose all contributions of $1,000 or more, whether made during or outside the 90-day election cycle. Effective January 1, 2014, a candidate or political action committee must electronically post details of a contribution within 10 days if the amount meets or exceeds the $1,000 threshold outside an election cycle.

Currently, only contributions of $5,000 or more need to be posted electronically if made outside an election cycle. Contributions of $1,000 or more made during an election cycle will continue to be filed electronically within 24 hours.

The ordinance is expected to comply with Assembly Bill 2452, a new state law allowing local governing bodies to require electronic disclosure for contributions, so long as the locality complies with state regulations.

State and Federal Communications is proud to announce that we are unveiling our new website StateandFed.com on November 1st. Clients and visitors to the site will enjoy the same unrivaled compliance expertise but with a brand new web experience.

Features of the new StateandFed.com include a personalized homepage, new bookmarking abilities, mobile optimization, and a new integration of the Compliance Now Newsletter, News You Can Use, Lobby Comply Blog, and all of our social media.

Remember, the new StateandFed.com arrives on Friday, November 1st. You’ll be hearing much more about it soon!

Q. I am a registered lobbyist with a personal relationship with a state legislator.  I would like to give her a gift for a special occasion.  Is this permissible?

A. As a registered lobbyist, you should always be aware of the restrictions placed on you for providing things of value to a state official.  A number of jurisdictions have strict “no gift” laws in place.  Wisconsin prohibits a lobbyist from providing things of pecuniary value to a legislator with very limited exceptions.

A gift can be permissible based on the personal relationship between the lobbyist and the legislator.  Texas and Florida allow gifts between a registered lobbyist and a legislator if they are related to a certain degree.  Please note that jurisdictions can examine the circumstances of the gift such as the extent of the relationship between the lobbyist and the legislator.  The lack of a history of gift giving between the parties or evidence of a personal relationship may render the gift impermissible.  The federal “friendship” exception also does not apply to state and local jurisdictions.

A registered lobbyist may be allowed to give a gift based on the special occasion or reasoning behind it.  In Massachusetts, a lobbyist may give a legislator gifts on certain occasions of religious or personal significance.  Connecticut allows gifts for certain major life events.  Be sure to confirm if any occasions are excluded.  Massachusetts does not consider a birthday to be an occasion of personal significance!

A gift may not be prohibited even if you are a registered lobbyist.  Confirm whether an intended gift is permissible with your state’s ethics office.

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.

The State Bar of Michigan has requested a declaratory ruling from the Michigan Secretary of State regarding the current interpretation of the state’s Campaign Finance Act as it relates to judicial campaign contributions.

Under the current interpretation of the law, issue advocacy advertisements are not considered expenditures, and thus are not required to be reported. This allows the funding sources of the majority of judicial campaign advertisements to remain anonymous.

The State Bar of Michigan argues that such anonymous funding gives a perception of judicial bias in the state. The Secretary of State must issue a declaratory ruling within 60 days of receipt of the request. Stay tuned!

Lobbying

“There’s no sunrise yet on K Street” by Kevin Bogardus and Megan R. Wilson in The Hill.

“The state of K Street: Flat” by Byron Tau in Politico Influence.

“Major oil group boosts lobbying” by Ben Geman in The Hill.

“Facebook Lobbyist to Head Up Cory Booker’s Senate Staff” by Andrew Ramonas in the Blog of the Legal Times.

Campaign Finance

Arizona: “Horne denies campaign finance wrongdoing” by Howard Fischer in the Arizona Daily Star.

Montana: “Appeal filed over documents tied to dark money” by The Associated Press in the Billings Gazette.

Ethics

Georgia: “Ethics commission chair: Board close to finalizing plan for outside investigation” by Christina A. Cassidy (Associated Press) in The Republic.

Elections

“More female governors expected after 2014” by Emily Schultheis in Politico.

Redistricting

Alaska: “Alaska Redistricting Board to meet” by The Associated Press in the Anchorage Daily News.

The city Board of Ethics has proposed new gift regulations designed to clarify what is and is not permitted under the city code. The proposed limits would allow city officers and employees to accept gifts of up to $200 per year from a single source, including cash gifts up to $50. Currently, only gifts of substantial economic value given with the expectation of influencing the public official or employee are prohibited.

City watchdogs have criticized the proposed limits as being too lenient, but ethics board member Sanjuanita Gonzales suggested those limits could be subject to change after public input.

A hearing on the proposed regulations is scheduled for November 20.

Delegates from the Republican party have selected State Representative Julian Garrett to run in the special election for Iowa Senate District 13, which takes place November 19.

The special election will fill the seat vacated earlier this month by Kent Sorenson.

The Democrats will select their candidate Monday. Regardless of the outcome of this special election, the Democrats will retain control of the Iowa Senate.