Federal:

Conservative Justices Voice Skepticism on Voting Law

Lobbyists Fear Shakedown If Supreme Court Lifts Campaign Contributions Cap

From the States and Municipalities:

California – California Campaign Finance Reporting Ripe for Abuse

Florida – In David Rivera Investigation, Suspected Ringer Charged in Federal Court in $81,486Scheme

Florida – Universal Rolls out Red Carpet for GOP Lawmakers, Lobbyists, State-Party Donors

Georgia – Lobbyist Spending Down 1 Month after New Georgia Rule

Georgia – State House Backs Banning Some Lobbyist Spending

Illinois – Michael Bloomberg’s Super PAC Declares Victory in Illinois Special Election

New York – NY Comptroller Drops Suit as Qualcomm Agrees to Disclose More about Political Spending

Ohio – Ohio Campaign Contribution Limits Continue to Rise

West Virginia – Gainer, State Agency Officials Appear in Online Visa ‘P-card’ Marketing Campaign; State Ethics Act Limits Such Endorsements

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.

Lobbying

“GOP’s Gomez pushing term limits, lobbying ban” by The Associated Press in the Boston Globe.

“Barry Jackson’s next move” by Anna Palmer in Politico.

“K Street Files: Hey, Is That Jack Abramoff Dressed as a $100 Bill?” by Kate Ackley in Roll Call.

Campaign Finance

Hawaii: “Bill to Boost Disclosure of Campaign Spending Advances” by Nathan Eagle in the Honolulu Civil Beat.

Kansas: “House closer to passing campaign reform bill” by Tim Carpenter in the Topeka Capital-Journal.

Maine: “LePage budget would gut clean election fund for 2014 campaign” by Christopher Cousins in the Bangor Daily News.

Nevada: “Bill would force ex-candidates to dispose of unspent campaign funds” by Sean Whaley in the Las Vegas Review Journal.

There are a number of terrific LinkedIn groups devoted to government relations professionals and to the industry in general. What we found was that there was no group specifically for the discussion of compliance.

We are excited to announce that we are meeting that need by forming the Government Relations Compliance group.

Government relations professionals can discover what colleagues are saying about complying with government rules and regulations for lobbying, grassroots lobbying, political contributions, and procurement.

Join the conversation!

Q. I have been asked to testify before a committee of the state legislature regarding a pending or potential bill. Is this considered lobbying activity?

A. As is usually the case, the answer will vary drastically depending on the state in question. In this specific situation, there are at least three variables to consider when evaluating this question:

1. Is testimony excluded from the definition of lobbying? In many states, providing information, participating in a meeting, or otherwise communicating at the request of a public official is specifically excluded from the definition of lobbying. This is true even if the information will potentially influence legislation, as long as the contact was initiated by the state. In these jurisdictions, a person may be asked to testify about a topic as an industry expert without being subject to lobbying laws. For instance, in Colorado, a person who is not otherwise registered as a lobbyist, but provides information at the request of public officials is not required to register and report. Iowa has a similar exception for people providing testimony or information at the request of a public official.

2. Is the communication before a public committee? Often, participation at a public meeting or proceeding or otherwise testifying on the public record is excluded from lobbying laws. Delaware’s exemption is a good example of a state allowing for testimony at a public hearing without lobbyist registration. Likewise, Connecticut has an exception from its definition of lobbyist for those who are not hired specifically to lobby and whose appearances are limited to public testimony.

3. Is there a pending bill before the legislature? Finally, it may be important to determine whether there is an actual bill pending before the legislative body in question, or if the putative lobbying communication is only regarding potential legislation. Certain states only regulate attempts to influence legislation that has already been introduced. North Dakota is a good example of this point. In order to be considered a lobbyist, a person must be attempting to influence a live bill. An individual does not need to register as a lobbyist for attempting to influence a potential bill.

There are very few concepts, rules, or guideless applicable to all states, and accordingly, situations like this must be examined on a case-by-case basis. For specific guidance, please contact a member of the State and Federal Communications compliance department.

(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.

State and Federal Communications, Inc.’s, Ren Koozer, Executive Director, I.T., celebrated his 15th anniversary with the company. He received a U.S. flag [from the office of Congresswoman Betty Sutton] that had been flown over the U.S. Capitol on November 1, 2012 along with a certificate of authenticity, and a Samsung ATIV Windows 8 tablet.

We celebrated with his favorite New York cheesecake topped with blueberries and strawberries. Delicious.

Congratulations to a real team member.

Lobbying

“Web Entrepreneur Tries to Bridge K Street and Grass-Roots Advocacy” by Kate Ackley in Roll Call.

“K Street Files: Manufacturers, Citing Job Losses, Oppose Carbon Tax” by Kate Ackley in Roll Call.

“Lobbying World” in The Hill.

“Lincoln actor joins museum leaders lobbying in DC” by The Associated Press in the Peoria Journal Star.

Campaign Finance

“Pay to play?” by Allison MacDonald on MSNBC.

Arizona: “Clean Elections consolidation bill advances” by The Associated Press in the Arizona Daily Sun.

Montana: “Montana Senate endorses limit on corporate campaign spending” by The Associated Press in the Missoulian.

Ethics

“Feinstein asks court for campaign treasurer’s records” by John Myers in KXTV News 10.

Open Government

Minnesota: “Social media tests Minn. open meeting law” by Brian Bakst in Minnesota Public Radio.

South Carolina: “S.C. legislators wouldn’t be able to keep communication secret under altered House bill” by Stephen Largen in the Post and Courier.

Redistricting

North Carolina: “Attorneys wrap up arguments in NC redistricting” by Gary D. Robertson in the Winston-Salem Journal.

Elizabeth Bartz recently was one of the recipients of the Distinguished Sales and Marketing Award from Sales & Marketing Executives International (SMEI). Ms. Bartz was lauded not only for her tremendous achievements at State and Federal Communications, but also for her many efforts to support and promote the greater Akron community.

The event, which was held at The Tangier restaurant in Akron, honored Dr. Frank L. Douglas, President and CEO, Austen BioInnovation Institute in Akron with the Executive of the Year Award.

Congratulations to Elizabeth and to all who were honored by SMEI!

Secretary of State Beth Chapman announced Janice McDonald, Director of Elections, will retire at the end of the month.

She has worked in the elections division for more than a decade.

Her replacement will be the current supervisor of voter registration, Ed Packard, who has been with the office for more than 15 years.

Lobbying

“Lobbyists fear shakedown if Supreme Court lifts campaign contributions cap” by Kevin Bogardus in The Hill.

Ohio: “Top of the List: Biggest lobbying spenders” by Evan Weese in Business First Columbus.

Campaign Finance

“Money in politics?” by The Associated Press in the News Tribune.

Montana: “Montana House backs increasing contributions to political candidates” by Charles S. Johnson in the Missoulian.

Ethics

“State spends $34,000 so far defending Gessler in ethics probe” by Patrick Malone in The Coloradoan.

Open Government

“Sunlight on States” by Pam Greenberg on NCSL’s The Thicket.

Nebraska: “Bill to provide reasonable access to public records advances” by JoAnne Young in the Lincoln Journal Star.

New Mexico: “Transparency bills make progress in Legislature” by Steve Terrell in the Santa Fe New Mexican.

South Dakota: “Legislature: Senate panel restores ‘crippled’ open-meetings bill” by David Montgomery in the Argus Leader.

The Compliance Dream Team is making their encore appearance at the PAC National Conference in Miami Beach, Florida! The extraordinary lineup is: Elizabeth Bartz of State and Federal Communications, Ken Gross from Skadden Arps, and Michael Toner from Wiley Rein. Their session will be held on Tuesday, March 5 at 3:15 p.m.

Bring your compliance concerns. This is your opportunity to unleash all those difficult questions regarding compliance issues.

The Public Affairs Council National PAC Conference will be held at the Eden Roc from March 4-7. Don’t miss what promises to be an exciting conference!

See you there!

The House of Representatives has passed ethics legislation to bar lobbyist gifts to individual lawmakers and enact new rules on lobbyist registration.

House Bill 142 passed 164-4 on Monday, February 26, 2013 and now goes to the Senate.

Critics hope the Senate provides a limit for the gift ban exceptions, which allow for unlimited gifts to groups of legislators such as committees and caucuses.

Ohio has increased its campaign contribution limits. Individuals, political action committees (PACs), and political contributing entities (PCEs) may now contribute up to $12,155.52 to any one statewide, senate, or house campaign committee during a primary or general election period, or to a PAC or PCE during a calendar year. An individual may contribute this same amount to the state candidate fund of a county political party in the individual’s county of residence. The previous limit was $11,543.70.

Additionally, the limit individuals, PACs, and PCEs may contribute per calendar year to any one state candidate fund of a state political party increased to $36,466.56 from $34,631.11, and to any one legislative campaign fund, $18,233.28, up from $17,315.55.

These limits are effective beginning February 25, 2013 until February 24, 2015.

Today the United States Supreme Court decided not to grant a review of the case of United States v. Danielczyk.

Danielczyk is a criminal case in which one of the defense arguments was the Federal Election Campaign Act of 1971 prohibiting direct corporate contributions to federal candidates was unconstitutional.

The U.S. District Court Judge presiding over the case had agreed with the defense and, based on Citizens United v. FEC, found corporations have an equal right to make political contributions under federal law as do human beings. The judge’s decision was reversed on appeal. The reversal on this issue of law now stands.

New York City Mayor Michael Bloomberg vetoed a campaign finance bill aimed at decreasing campaign finance disclosure, even though City Council overwhelmingly passed the bill by a 47-1 margin in January. The bill would have allowed labor or other membership organizations, as well as corporations, to send communications to its members, executive and administrative personnel, and stockholders without having to disclose that information to the Campaign Finance Board.

Bloomberg was noncommittal at the time about whether he would veto the bill, even though he was adamantly opposed to its passage. However, now with his decision to veto it, the ball will bounce back into the City Council’s court.

The council has 30 days to override the veto, with a two-thirds majority required, or allow the bill to die. The council had enough votes to override the veto originally, but there has been no word on whether every council member will stick with his or her original vote.

Photo of Mayor Michael Bloomberg by Rubenstein on Wikipedia.