U.S. District Judge Sharion Aycock ruled a portion of Mississippi’s campaign finance law unconstitutional as applied to a group of five Oxford, Mississippi residents backing a ballot initiative. The group desired to pool funds to purchase posters and advertising supporting a 2011 initiative, but determined doing so would trigger political committee registration under state law.

The group filed suit, alleging Mississippi’s $200 threshold unduly burdened their First Amendment rights. Judge Aycock agreed, finding the $200 threshold was “simply too low” for the “significant and onerous burdens on persons attempting to join together to raise or expend in excess” of the threshold.

Mississippi Attorney General Jim Hood indicated he may appeal the ruling, while Secretary of State Delbert Hosemann, whose office enforces the state’s campaign finance laws, did not immediately issue comment on the case.

The Legislature adjourned a special session on Wednesday, October 3, 2013, after passing a package of bills referred to as the “grand bargain.”

The diverse collection of bills passed included government pension reform, additional education and mental health funding, and a farming regulation that limits local regulation of genetically modified plants.

Lobbying

“No shutdown for K Street as advocates blitz Capitol” by Kevin Bogardus in The Hill.

“Senate health aide joins top lobby firm” by Kevin Bogardus in The Hill.

“Numismatists Have Lobbyists Too” by Kent Cooper in Roll Call’s Political MoneyLine.

Kentucky: “Ethics Reporter: $4.18M spent in four months as lobbying spending continues upward trend” by the Kentucky Legislative Ethics Commission in KYForward.com.

North Carolina: “Former Rep. and lobbyist Paul Pulley dies” in the News & Observer.

Campaign Finance

“State watchdogs band together to take on ‘dark money’” by Reid Wilson in The Washington Post.

“Zombie Federal Election Commission still wants your quarterly reports” by Al Kamen in The Washington Post.

Ethics

Florida: “Florida ethics commission investigating Rep. Jamie Grant’s business venture” by Michael Van Sickler in the Tampa Bay Times.

Iowa: “Iowa pol resigns amid ethics probe” by Katie Glueck in Politico.

New Jersey: “State agency: DiVincenzo misused, obscured campaign funds” by Matt Friedman in The Star-Ledger.

Tennessee: “Ethics watchdog files more Deal complaints” by The Associated Press in WRCB TV News.

State Legislatures

Colorado: “Colorado Governor John Hickenlooper will not call special legislative session on flooding issues” by The Associated Press on KMGH-TV News.

New Hampshire: “N.H. Panel Delays Vote On Medicaid” by Ben Leubsdorf in the Valley News.

Oregon: “Lawmakers celebrate end of special session on PERS, taxes, GMO (2013 special session)” by Yuxing Zheng in The Oregonian.

October 16   WASRG Summit–Keynote Sponsor, Washington, DC

October 16-18   Public Affairs Council Fall Board Meeting, Paradise Valley, Arizona

November 4   American League of Lobbyists State Lobbying Session, Washington, D.C.

November 21   American League of Lobbyists Annual Meeting, Washington, D.C.

November 23-November 26   SGAC Leaders’ Policy Conference Turnberry, Miami Beach, Florida

The place—Wigwam in Arizona. The year—2000. The event—SGAC’s Leaders’ Policy Conference.  I walked in and my professional career was changed forever.

The Leaders’ Policy Conference is produced with the State Government Affairs Council (SGAC) Foundation, NCSL, and CSG as an educational initiative for states’ legislative leadership and state government relations professionals from America’s leading businesses, associations, and service providers. It is designed to encourage dialogue on issues of importance between state legislative leaders and private sector representatives. The public sector includes the legislative leadership from all of the 50 states and U.S. territories, the NCSL and CSG Executive Committees, ALEC’s Board of Directors, and chairs of key committees in the states.

Private sector attendance is for SGAC members only. However, if joining SGAC is on your 2014 bucket list, you can attend as a “prospective” member.

The specifics for the 2013 LPC are the following:

November 23-26, 2013

Turnberry Isle, Miami, Florida

Registration fee is $795 and guests can attend for $295

If you are interested in attending the 2013 Leaders’ Policy Conference, call SGAC at 703-684-0967 and anyone on staff can help you. You can also find additional information at www.sgac.org. In addition, if I can be of any assistance with this event, please do not hesitate to contact me.

In the meantime, remember we are all about relationships and I believe SGAC can assist you in developing those relationships with key leaders in the states.

Thank you,

Elizabeth Z. Bartz
President and CEO
@elizabethbartz

Gov. Jerry Brown has declared a special election for Assembly District 54. The primary will be held on December 3, 2013.

If no candidate receives a majority of the votes, a special general election will be held on February 4, 2014. The vacancy occurred following the resignation by Assembly Member Holly Mitchell.

Assembly District 54 is wholly contained in Los Angeles County.

Lobbying

“Shutdown can’t stop lobbyists from their appointed rounds” by Byron Tau in Politico.

“What’s a Hill Résumé Worth on K Street? Maybe Not $500K” by Kate Ackley in Roll Call.

“Lobbying World” in The Hill.

Nevada: “Former Nev. lobbyist sentenced to 2 years in prison” by Martha Bellisle in USA Today.

Campaign Finance

“Wealthy Donors’ Influence May Rise After Next Supreme Court Campaign Finance Case” by Paul Blumenthal in the Huffington Post.

“Donation limits help keep politics honest” opinion piece by Meredith McGehee on CNN News.

Mississippi: “Judge blocks part of Miss. campaign finance law, calls it unconstitutional” by Emily Wagster Pettus (Associated Press) in the Clarion Ledger.

Ethics

“Ethical limits on federal employees would continue in shutdown” by Eric Yoder in The Washington Post.

“As shutdown commences, federal open government databases go dark or dormant” by Stephen Stirling in The Star-Ledger.

“Government shutdown shrinks FEC to just four employees” by Dave Levinthal in The Center for Public Integrity.

Elections

“Election Laws Challenged in Only State to Act Since Supreme Court Ruling on Voting Rights Act” by Wendy Underhill in NCSL’s The Thicket.

Alabama: “Special election scheduled to fill Rep. Barry Mask’s legislative seat” by The Associated Press on Al.com.

Nevada: “More Nevadans register nonpartisan in September than other two parties combined” by The Associated Press in the Reno Gazette-Journal.

Government Shutdown

“GOV Unplugged: Your Guide to What’s Shut Down During a Shutdown” by Joseph Marks in Nextgov.

Government Tech and Social Media

“Feds Warm Up To LinkedIn” by Mark Amtower in Information Week.

State Legislatures

Oregon: “Oregon Legislature: Vote count still tight in special session” by Hannah Hoffman and Anna Staver in the Statesman Journal.

Lobbying

“Lobbyists prepare for government shutdown” by Byron Tau in Politico.

“Lobbyists swoop in to defend investor visas” by Kevin Bogardus in The Hill.

Hamilton, Ontario: “Lobbyist registry delayed again” by Matthew Van Dongen in The Spec.

Campaign Finance

“Lobbying, Campaign Finance, and IRS Reports Keep Moving During Shutdown” by Kent Cooper in Roll Call’s Political MoneyLine Blog.

“House Members Shut Down Gov’t. Money Going Out, But Not Contributions Coming In” by Kent Cooper in Roll Call’s Political MoneyLine Blog.

“The Next Citizens United?” by Richard Hasen in Slate.

“The case for eliminating contribution limits” by Ann W. Herberger in Campaigns & Elections.

“Top U.S. political donors in 2012 among country’s richest men” by Gabriel Debenedetti in Reuters.

Alaska: “APOC: No immediate action on complaint against Stiver” by Sam Friedman in the Fairbanks Daily News-Miner.

Maryland: “Maryland’s new laws at a glance” by John Wagner in The Washington Post.

Ethics

FEC: “Not ‘essential’: Shutdown would hit FEC hard” by Dave Levinthal in The Center for Public Integrity.

Georgia: “Ethics commission to ask for special investigator” by The Associated Press in the Athens Banner-Herald.

Ohio: “Son of indicted donor’s lawyer works for Mandel” by Joe Vardon in The Columbus Dispatch.

Government Tech and Social Media

“Government Social Media Feeds Will Go Dark During a Shutdown” by Joseph Marks in Nextgov.

Elections

Ohio: “Ohio lawmaker’s election reform bills include voter ID requirement, reduced early-voting times” by Jeremy Pelzer in The Plain Dealer.

Pennsylvania: “Challenge to Pennsylvania’s voter ID law not affected by Justice Dept. lawsuit against N.C.’s law” by Jan Murphy in The Patriot-News.

A special election for the Massachusetts Ninth Norfolk Representative District has been called to fill a vacancy caused by the resignation of state Rep. Daniel B. Winslow.

The office of the Secretary of the Commonwealth William Galvin announced the special primary election will be held on December 10, 2013. The special general election will follow on January 7, 2014.

Winslow resigned from the Senate to work as vice president and general counsel at Rimini Street, a third-party provider of enterprise software support services.

Effective today, Nevada Senate Bill 246 revises the definition of “committee for political action” to include new threshold levels.

Entities in Nevada whose primary purpose is to affect outcomes of elections are now defined as those with more than $1,500 in contributions or expenditures in a calendar year. Entities whose primary purpose is not to affect outcomes of elections have a $5,000 calendar year threshold. Committees must register with the Nevada secretary of state no later than seven days after qualifying under the revised definition.

The changes in the bill were modeled on similar statutes previously enacted by the state of Maine.

As a part of our unrivaled commitment to government relations compliance expertise, we are attending the Practising Law Institute’s Seminar,  Corporate Political Activities 2013: Complying With Campaign Finance, Lobbying and Ethics Laws. Elizabeth Bartz, president and CEO of State and Federal Communications, Research Manager John Cozine, Federal Compliance Associate Rebecca South, and Research Associates Jen Zona and Michael Beckett are in Washington, D.C. this week for the event.

The full schedule includes coverage of issues such as federal and state lobbying laws, gift laws, and corporate political contributions. PLI has gathered first-rate presenters such as the Ellen Weintraub, Donald McGahn II, and Ann Ravel of the Federal Election Commission, as well as many others from state ethics agencies and corporate compliance.

Why are we taking the time to attend PLI’s Corporate Political Activities 2013?

As their website states: “Lobbying, campaign finance and ethics rules in Washington, and in every state, are changing, and new court cases are affecting lobbyists, corporations, associations, and unions. Compliance with federal, state and local laws is more complex than ever.”

Compliance is more complex than ever – and we are making sure we have it covered.

Lobbying

California: “Ex-lobbyist joins councilman’s staff and questions follow” by David Zahniser in the Los Angeles Times.

Kentucky: “Chandler moves into role as lobbyist in Ky.” by The Associated Press in WTVQ ABC News.

West Virginia: “Lobbyists spend $39k wining, dining WV officials” by The Associated Press in the Herald-Dispatch.

Campaign Finance

Arizona: “GOP: More campaign contributions should be allowed” by Howard Fischer in the Arizona Daily Sun.

New Hampshire: “How one state representative raised $1,600 for his campaign — in bitcoins” by Brian Fung in The Washington Post.

Ohio: “Common Cause Ohio questions state’s lobbying disclosures” by Marc Kovac in the Daily Jeffersonian.

Vermont: “Vt. Supreme Court says Democratic-leaning organization didn’t register as political group” by The Associated Press in The Republic.

Ethics

“Harvey Whittemore to be sentenced Monday for campaign finance scheme” by Jeff German in the Las Vegas Review-Journal.

Arkansas: “Some lawmakers suggest including ethics reform in special session” by Rob Moritz in Arkansas News.

Florida: “Inspector General: West Palm Beach should not have repaid Mitchell in ethics probe” by Eliot Kleinberg in the Palm Beach Post.

North Carolina: “Former NC auditor says he will leave State Ethics Commission after questions over DHHS role” by The Associated Press in The Republic.

State Legislatures

Illinois: “In blow to Gov. Quinn, judge rules state lawmakers must be paid” by Dave McKinney, Jon Seidel And Mitch Dudek in the Chicago Sun Times.

Oregon: “Oregon legislators return for special session” by Reid Wilson in The Washington Post.

Oregon: “Anxiety high as special session looms” by Hannah Hoffman in the Statesman Journal.

Pennsylvania: “Legislators taking leave and missing the vote” by Angela Couloumbis in the Philadelphia Inquirer.

Social Media

New York: “NYC Mayoral Race Shows ‘Shareable Graphics Are…The New Black’ in Digital Campaigning” by Miranda Neubauer in TechPresident.

The Colorado Secretary of State’s Office is holding a rulemaking hearing regarding the rules governing lobbyist regulation. The hearing will be held on October 4, 2013, from 9:00 a.m. to 12:00 p.m., in the Blue Spruce Conference Room on the second floor of the Secretary of State’s Office. The public is invited to submit comments before and during the hearing, and the hearing is open to the public for discussion regarding the proposed changes.

The proposed changes include consolidation of several rules, and clarifications such as factors determining whether a violation is substantial, and who qualifies as a rulemaking official.

The complete list of changes and details of the hearing are available here.

National:

Manufacturing Arm to Advise on Lobbying Agencies, States

Politico – Byron Tau and Andrea Drusch | Published: 9/26/2013

The National Association of Manufacturers has established the Center for Legal Action to give its members a voice in legal debates at the federal, state, and local levels. The center is a response to gridlock in Washington, D.C. and reflects the fact that legal fights elsewhere play a major role in the development of rules and regulations.

Some Public Companies Are Divulging More Details about Their Political Contributions

Washington Post – Dina ElBoghdady | Published: 9/25/2013

Even as some groups fight efforts to make their donors public, a growing number of companies are coming forward on their own to disclose their contributions to trade associations and other nonprofit organizations that legally can keep their hidden, according to a study.

Federal:

Federal Election Commission Gets New Blood

The Center for Public Integrity – Dave Levinthal | Published: 9/23/2013

The U.S. Senate confirmed President Barack Obama’s two nominees to the FEC, giving the panel its first new members since the George W. Bush administration. Democrat Ann Ravel and Republican Lee Goodman were approved by unanimous consent in a brief voice vote. The appointments will restore the six-member commission to full strength.

From the States and Municipalities:

Arizona – Campaign Finance Law Throws Twist at Candidates

San Francisco Chronicle; Associated Press –   | Published: 9/23/2013

The Arizona secretary of state’s office said under a new law, candidates need to have separate campaign finance committees for the primary and general elections. Combined with a $2,000 limit on transfers between committees, the requirement means candidates may have to commit their funds to one election or the other without yet knowing what the political landscape will look like.

California – California Political Watchdog Sets Sights on Major Cases

Sacramento Bee – Christopher Cadelago | Published: 9/22/2013

The California Fair Political Practices Commission historically has pursued investigations based on formal complaints. But under the leadership of Chairperson Ann Ravel and her chief enforcer, Gary Winuk, the agency has become more proactive, significantly increasing the number of inquiries it initiates.

California – State’s New Rule: Campaigns must say when they pay for Web posts

Los Angeles Times – Patrick McGreevy | Published: 9/19/2013

Bloggers and others who are paid to post political messages online are subject to new disclosure rules under regulations approved by the California Fair Political Practices Commission. The agency acted out of concern the public might be deceived into thinking paid content on blogs that praises or criticizes a candidate is objective political commentary.

Florida – Lobbying Association Weighs into Gaetz Push to Start Auditing Their Pay

Orlando Sentinel – Aaron Deslatte | Published: 9/19/2013

As a legislative panel prepares to discuss auditing lobbyists’ compensation, the association that represents Florida’s lobbyists wants to make sure they have a say in the process. A letter signed by the Florida Professional Lobbyist Association’s board of directors asks to make recommendations to lawmakers on how to conduct the audits.

Georgia – Ethics Commission Head Received Pay Increases

Macon Telegraph; Associated Press –   | Published: 9/20/2013

The annual salary of the Georgia ethics commission’s executive secretary, Holly LaBerge, increased from $85,000 when she was hired in September 2011 to $100,000 by June 2013, despite the agency saying it had to cut costs. By comparison, LaBerge’s predecessor, Stacey Kalberman, quit after absorbing a 30 percent pay cut and later filed a lawsuit alleging she was punished for aggressively pursuing an investigation involving Gov. Nathan Deal.

New York – N.Y. Ethics Panel Toughens Rules to Shield Political Donors

The Journal News – Joseph Spector | Published: 9/24/2013

The New York Joint Commission on Public Ethics fine-tuned its process for granting exemptions from disclosing financing sources for nonprofit organizations and agreed to place exemption applications online for public view. The changes come as the commission says it is trying to balance public disclosure of groups’ major contributors with the need to protect donors’ privacy to keep them from harm.

Ohio – Federal Grand Jury Indictment Charges North Canton Businessman with Funneling Illegal Campaign Cash to Candidates

Cleveland Plain Dealer – James McCarty | Published: 9/25/2013

A federal grand jury returned an indictment charging Benjamin Suarez, the owner of a North Canton direct-marketing firm, and company Chief Financial Officer Michael Giorgio with conspiring to funnel illegal campaign contributions to U.S. Rep. Jim Renacci and Ohio Treasurer Josh Mandel. According to the FBI, Suarez and Giorgio recruited company employees and spouses to contribute to the campaigns, and then reimbursed them through payments disguised first as salary and later as profit sharing.

Ohio – Group Calls for Tougher Lobbyist Disclosures

Columbus Dispatch – Jim Siegel and Robert Higgs (Northeast Ohio Media Group) | Published: 9/19/2013

As Ohio’s natural gas industry has boomed, so have campaign contributions from the industry. That spending, coupled with a lack of reporting requirements for compensation paid to lobbyists should raise questions with voters about transparency and just who has access to government, said Ohio Common Cause.

Virginia – Ethics Issue Rises to Prominence in Va. Legislative Races

Washington Post – Antonio Olivo | Published: 9/21/2013

In a state that has long considered itself a place of clean government, the shadow of a federal probe into gifts received by Virginia Gov. Robert McDonnell and his family is hanging over dozens of state House of Delegate races. As the campaigns for the general elections ramp up, both major parties are seeking to leverage the ethics issue for political gain, or at least keep it from hampering their chances for victory.

Washington – New Lobbyist Meal Form to Distinguish Chowder from Steak

KUOW – Austin Jenkins | Published: 9/23/2013

The Washington Public Disclosure Commission will decide at its September 26 meeting whether to update the form lobbyists use to report spending on entertainment. Media reports have noted many lobbyists do not include a per-person amount for dinners with lawmakers.

Wisconsin – Madison Passes Ordinance Forcing Stricter Campaign Spending Disclosure

Capital Times – Jack Craver | Published: 9/23/2013

The Madison Common Council approved an ordinance that will require groups making independent campaign expenditures in city elections to disclose the spending and their donors. Although the Government Accountability Board put in place a rule in 2010 that addresses such ads, the agency has not enforced the rule since it was challenged.

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.