September 6-7, 2012   Practising Law Institute, Washington, D.C.

September 12, 2012   United Way of Summit County Cornhole Tournament, Lock 3, Akron, OH

September 19-21, 2012   PAC State and Local Government Seminar, Washington, D.C.

Lobbying

“ALEC Finds New Friends” by Janie Lorber in Roll Call.

Arizona: “Ex-Fiesta Bowl lobbyist takes plea deal in probe” by Craig Harris in the Arizona Republic.

Campaign Finance

“Appeals court upholds Illinois campaign disclosure law” by Nate Raymond (Reuters) in the Chicago Tribune.

Minnesota: “Minnesota to keep enforcing campaign disclosure law; federal judge called part of it ‘onerous’” by Martiga Lohn (Associated Press) in the Minneapolis Star Tribune.

“Nonstop Fundraising Stretch Starts” by Kate Ackley in Roll Call.

“Rahm Emanuel suspends super PAC fundraising” by Kenneth P. Vogel in Politico.

“Shop Talk: Celebrating Campaign Women” by Kyle Trygstad in Roll Call.

“Look-alike sites funnel big money to mystery PAC” by Shaqne Goldmacher in NextGov.

“Corporate Contributions and Disclosure” editorial in the New York Times.

Social Media

“Twitter adopts new targeting method for advertisers” by Steve Friess in Politico.

“Cementing social media’s place in the campaign world” in Campaigns & Elections.

“Social-Media Insights Inspired By Barack Obama, America’s First Truly Social President” by Amber Mac in Fast Company.

“Nine Tech Tips for Starting a New Government Job” by Mark Micheli in Government Executive.

“Social Media Mistakes That Can Ruin Your Government Career” by Mark Malseed in OhMyGov!

Governor Brown has ordered a special election resulting from the resignation of Senator Doug LaMalfa.

The special election for the 4th Senate District will be held on January 8, 2013. The special election’s primary will be held on November 6, 2012.

Photo of the California State Capitol by Henri Sivonen on Wikipedia.

The Board of County Commissioners passed an amendment to the county’s lobbying ordinance on September 6, 2012. Expenditure reports are no longer required if a lobbyist had no expenditures during the reporting period.

The ordinance previously required expenditure reports to be filed even if no lobbying expenditures were made.

The ordinance will become effective 10 days from the date of enactment.

Q. Are there any additional compliance requirements of which to be aware because this is a Presidential election year?

 A. In a word, no. However, given the substantial increase in federal, state, and local contributions, it is important to keep in mind some compliance basics during an election year:

• Be aware of what restrictions exist in a specific jurisdiction regarding pre-election contributions and/or communications. Several states have laws restricting contributions within a certain time period of an election. Federally, there are time-period restrictions associated with election communications;
• Track reportable contributions that may only come into play during an election year. For instance, at the federal level, contributions made to an inaugural committee are reportable on the LD-203;
• The same gift laws apply leading up to an election as the rest of the year. Understand the definition of a gift as it relates to a “covered official” from any given jurisdiction and don’t violate it because you happen to be attending an election-related activity, including conventions;
• Most jurisdictions have personal, corporate and/or PAC contribution limits. Be diligent in monitoring contributions so as not to surpass those limits;
• Don’t rely on a “covered official” from any jurisdiction to know his/her jurisdiction’s limits or restrictions. Be proactive in determining restrictions ahead of time; and
• Consider implementing “Election Year” guidelines within your organization to keep everyone on the same page.

In an election year, the increase in activity coupled with jurisdictional differences can make compliance a little trickier. By following these fundamental guidelines, you are more likely to ensure that at the end of the day you can say, “I Comply.” As always, should you have any questions regarding your compliance efforts, don’t hesitate to refer to State and Federal Communication’s on-line source books or contact us directly.

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.

National:

Republicans Losing Election Law War as Campaign Ramps Up

Federal:

Parties Raise Record Cash after ‘Soft Money’ Ban

Politics and Truth: Uneasy partners, easy enemies

From the States and Municipalities:

California: Campaigns against Proposition 8 Fined $80,000 for Reporting Violations

District of Columbia: D.C. Corporate Donations Ban Won’t Be on November Ballot

Georgia: Oversight Weak on Expense System for Georgia Lawmakers

Massachusetts: Lobbyists Sue Galvin Over Disclosure Rule

Minnesota: Court Quashes Part of Minnesota’s Campaign Finance Law

Montana: Denny Rehberg, GOP Senate Candidate, Said Lobbyists Are ‘Solution,’ Government Is ‘Enemy’

New York: New York Ethics Inquiry Won’t Look at Speaker’s Actions

New York: NY Super PAC Disclosures May Miss 2012 Elections

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.

For those of you who may have missed some recent relevant social media articles, here are a few for you to check out!

• WeForPresident, The Social Victory Center, I Voted, Nation Builder, and Votizen are each playing their part in the election. 5 Facebook Apps That Are Shaking Up Politics.
• Twitter has been tracking your election-related tweets for months, and using that data to build the Twitter Political Index — or “Twindex” for short. Take a Tour of the Twitter Political Index.
• YouTube launched the “YouTube Elections Hub” Wednesday, providing a one-stop spot for live footage and video news coverage of the 2012 presidential election. YouTube Wants to Be Your Go-To for Election Coverage.
• Facebook has stepped up its security on brand pages, working to remove fraudulent Likes caused by spambots, malware or fake account users. Facebook Weeds Out Fake ‘Likes,’ Improves Brand Integrity.
• More than 2.5 million people have signed online petitions posted to the White House’s We the People website since its September 2011 launch. ‘We the People Nets More Than 3,000,000 Signatures.

As the United States continues to follow the 2012 presidential candidates down the campaign trail, social media is playing an ever growing role in both campaigns.

During the 2008 election, the use of social media by President Obama was considered innovative and a significant contributing factor to his success. While he is still hard at work to keep his title as the most social media savvy politician (even having a 50-state Twitter campaign), Republicans are catching up.

There now seems to be an ever-present competition going on between Republicans and Democrats, each trying to get the most traffic and largest response to their continuously updated social media platforms.

Although, the Democratic National Convention is still going on, it is already very apparent that this competition has extended with full force to both parties’ respective national conventions.

According to this article provided on Mashable, social media was dominated by GOP related traffic during their convention. There were over 4 million tweets and over 2.5 million YouTube views, as well as 300,000 streaming video hours.

Not to be outdone, an app created by ABC will provide a continuous news flow this week of the Democratic National Convention, including three live streams for mobile and desktop.

An interesting consequential outcome to the rising importance of social media in political campaigns is the rising competition among social media platforms to be the most innovative and utilized source.

It will be interesting to see which party comes out as the social media winner after all the statistics are tallied up for the DNC.

An alert for municipal securities dealers concerning pay-to-play rules has been issued by a department of the Securities and Exchange Commission (SEC).

The SEC Office of Compliance Inspections and Examinations has released a National Examination Risk Alert summarizing observations and providing some guidance of pay-to-play compliance by firms engaged in municipal securities.

The alert identifies issues found “in the course of examinations regarding compliance by firms” subject to municipal securities pay-to-play prohibitions. Municipal Securities Rulemaking Board (MSRB) Rule G-37 prohibits certain political contributions for two years prior to engaging in a municipal securities business where a related official received contributions.

The alert details problems with recordkeeping, inaccurate filing of reports, and inadequate supervision by firms to ensure compliance with MSRB Rule G-37.

Additionally, the alert’s reporting staff “has observed facts that suggest that some firms may have engaged in municipal securities business with issuers within two years of their MFPs making [prohibited] contributions.”

The full report can be found at http://www.sec.gov/about/offices/ocie/riskalert-munipaytoplay.pdf.

The Iowa Ethics and Campaign Disclosure Board issued an advisory opinion clarifying the disclosure rules a trust must follow when making a political contribution.

If a trust raises or spends more than $750 for campaign activities, it will have to register with the ethics board as a political committee.

As a political committee, the trust will have to file periodic reports with the board and will also have to identify the name of the trust, the trustee, and the trustor.

The committee that receives the contribution will also to have to disclose the trust, trustee, and trustor on its disclosure report.

The opinion also restricts prohibited contributors, such as corporations, insurance companies, or banks, from giving money or anything of value to a trust that makes campaign contributions.

The advisory opinion was in response to a 2002 advisory opinion which incorrectly allowed trusts to anonymously give money to political committees for the past 10 years.

As our intern Joanna Kamvouris wrote in June, State and Federal Communications adopted a planter on the sidewalk outside the office at the corner of Mill Street and South Union in downtown Akron. The project is part of a larger beautification effort throughout the city by two organizations – Keep Akron Beautiful and the Downtown Akron Partnership.

We send a big thank you to IT Assistant Ken Kelewae and his wife, who selected and arranged the plants. The amazing transformation is also thanks to IT Assistant David Jones, who helped in watering and attending to the plants all summer. We are rather proud of the results! Here are the “before and after” pictures:

National:

Voters Still Tuned in to Traditional News Media, Poll Finds

Federal:

Four-Day Political Conventions Could Be a Thing of the Past

GOP Plank in 2012 Platform Wants to Leave Campaign Spending Alone

From the States and Municipalities:

California

California Lawmakers Say ‘No Gifts, Please’ But Accept Them Anyway

Colorado

Court Rules against Gessler in Campaign Change

District of Columbia

New D.C. Campaign Finance Reform Would Ban Lobbyist Bundling

Iowa

Trust Donation Rules Spelled Out

New York

Lawmaker-Lobby Guidelines Emerge

South Carolina

Former South Carolina Governor Confirms Engagement to Argentine Ex-Mistress

Texas

Court Blocks Texas Voter ID Law, Citing Racial Impact

Washington

Campaign Finance Watchdog: Churches can’t be intermediary for gay marriage referendum money

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.

We would like to take this opportunity offer our best wishes to the graduates of the inaugural class of SGAC’s State Government Affairs Professional Certificate Program.

State and Federal Communications had two people in the program. President and CEO Elizabeth Bartz and Client Specialist Myra Cottrill received their certificates at the SGAC Annual Business Meeting and Lunch on August 8.

According to SGAC, “The SGAC Professional Certificate Program requires the participants, of which there are more than 100 including the recent 25 honorees, to complete a minimum of 12 courses focusing on:  Ethics/Ethical Leadership; Complying with State Lobbying Laws; Building and Managing Coalitions; Legislative Trends; Lobbying and the Legislative Process; Media and Communications Training; Understanding National State Government Organizations and others.”

Myra Cottrill said, “It is an honor to join 24 colleagues from across the country that completed the program’s rigorous requirements during the past three years.”