Q.  I am not currently registered as a lobbyist and I would like to send a letter to all state legislators in support of pending legislation. Do I need to register as a lobbyist?

A. The act of sending a letter in support of or in opposition to legislation can be enough to trigger the lobbyist registration requirement in a state. Whether or not registration is required is dependent upon the lobbyist registration threshold in any given state.

Some states have thresholds based on the definition of lobbying whereby engaging in a lobbying activity will require lobbyist registration. For example, in a state where registration is required upon receipt of compensation to encourage the passage, defeat, approval, or modification of legislation by members of the legislature, lobbyist registration would be required prior to sending the letter. Iowa is an example of this type of state.

Other states have thresholds based on the amount of time spent lobbying or preparing to lobby. In Maine, an individual is permitted to spend eight hours lobbying before registration is required. In such a state, tracking your time while preparing the letter will be important in determining if registration is required.

Please consult the lobbyist registration threshold in your jurisdiction prior to sending any correspondence to a public official.

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.

Campaign Finance

California: “Txt 4 Ur Candidate” by By Ann Ravel, Jared DeMarinis and Hyla Wagner in The New York Times.

Louisiana: “La. lawmakers rework campaign finance enforcement” by The Associated Press in Real Clear Politics.

Lobbying

North Carolina: “State ethics panel to investigate lobbyists tied to Tillis aides” by J. Andrew Curliss and John Frank in the News & Observer.

Ethics

South Carolina: “House Ethics to refund former candidates’ fines” by the Associated Press in GoUpstate.com.

Gov 2.0

“New Website a One-Stop Shop for Colorado Data” by Sarah Rich in Govtech’s Public CIO.

Data.colorado.gov

Legislative Issues

“California voters OK changes to term limits for state legislators” by Phil Willon and Jean Merl in the Los Angeles Times.

Puerto Rico has continued its efforts to modernize and improve its campaign finance provisions by passing Project of the Senate 2674-2012. This project amends the Law for the Control of Financing of Political Campaign in Puerto Rico. This project has been referred to the Special Commission on Government Reform, and while not currently law, the Elections Commission has been working to update the campaign finance reporting requirements to reflect the project.

The project has several important elements. First, it elaborates on the definition of a coordinated expenditure by carving out a definition for specific expenditures made for the benefit of a party or candidate. Second, it modifies the campaign finance reporting dates for the 2012 general election. Lastly, the project addresses concerns with respect to state and federal PAC registration and reporting for entities wishing to participate in the electoral process without registering a PAC in Puerto Rico.

We will continue to track this project and provide updates as they become available.

Lobbying

“Lobbyists ask Congress for a mandate on ethics” by Kevin Bogardus in The Hill.

Campaign Finance

“Tammany businessman’s allegedly illegal campaign donations went to Gov. Jindal’s 2007 run” by Claire Galofaro in the New Orleans Times-Picayune.

Redistricting

Iowa: “Redistricting makes for tumultuous Iowa primary” by The Associated Press in the Quad-City Times.

New Hampshire: “Court to hear challenges to NH redistricting plan” by Holly Ramer (Associated Press) in the Boston Globe.

Social Media

“Political campaigns are in a constant technology arms race” by Scott Canon in the Kansas City Star.

The San Diego Ethics Commission is meeting June 14, 2012 to discuss a prepared draft of municipal code amendments concerning campaign related issues, including one which pertains to the lobbying ordinance. Decision point 14 would amend applicable provisions of the lobbying ordinance to require the disclosure of contributions provided to, and fundraising performed for, committees that are primarily formed to support city candidates.

The draft amendments are available on the commission’s website.

The public is invited to provide comment on the proposed amendments at the June 14, 2012, meeting, which will be held at 5:00 p.m. in the committee room on the 12th floor of the city administration building. Correspondence may also be sent by e-mail at: ethicscommission@sandiego.gov.

Photo of the San Diego skyline by Tomcio77 on Wikipedia.

After dividing into three teams of nine, State and Federal Communications employees worked up a sweat, completing four weeks of the “We’re Walking” program.

The Myra Texas Walkers took the lead in the first week, successfully reaching 655,040 steps.

Team Winner proved worthy of its name after placing a victory in the second week by walking 607,187 steps. Team leader Jim Warner acknowledged the intended line of attack behind Team Winner’s sudden success.

“My strategy can be summarized in two words: sneak attack,” Warner said. “I knew Myra and Joe May would disregard Team Winner and become too confident.  Team Winner started slowly, but we have tried to increase our steps each week.”

In retaliation, Team Happy Feet strode past its opponents in the third week by reaching 678,969 steps.

“We shall outpace them on the beaches, we shall outpace them on the landing grounds, we shall outpace them in the fields and in the streets; we shall never surrender,” Happy Feet team leader Joe May announced.

Although all three teams are striving for the win, Team Winner took the most steps in the fourth week, accumulating 781,808 steps.

With only two weeks of the competition left, team members are eagerly setting aside time to improve their scores.

“We’re treating this like a marathon, not a sprint,” Myra Cottrill, leader of the Myra Texas Walkers said. “Team Winner and Happy Feet may be in the lead, but I know our steady week-to-week improvements will result in a decisive victory.”

The competition rises as team members find themselves neck and neck on their way toward the finish line. To provide more motivation, Elizabeth Bartz is upping the stakes by offering a bigger prize to the winning team.

Stay tuned for more details as the competition heats up!

A post-John Edwards case commentary: “‘Anything goes’ now in campaign financing?” by Jack Gillum (Associated Press) on CBSNews.com.

California: “Term limits ballot measure attracts big-money donors, little else” by Stephanie Snyder in California Watch.

California: “State’s top 100 political donors contribute $1.25 billion” by Coulter Jones and Elizabeth Titus in California Watch.

Montana: “Miller campaign donations deemed illegal in Montana” by John S. Adams in the Great Falls Tribune.

New Mexico:  “Coss files complaint alleging governor’s PAC violated election codes” by Steve Terrell in the Santa Fe New Mexican.

Wisconsin: “Wisconsin recall is state’s ‘most expensive election’” by Sam Go on MSNBC.

With the leadership of President and CEO Elizabeth Bartz, State and Federal Communications, Inc. was selected as one of the top women-owned businesses in Ohio. This is the fourth year the company has received this honor.

The award from the web-based publisher and business site, DiversityBusiness.com selected the company for its overall leadership and economic achievements, ranking 49^th of 100 Women-owned businesses in Ohio in 2011.

Bartz and the company also won the award in 2007, 2009, and 2010.

“This is a testament to the hard work of our 30 employees and their willingness to adapt to change and meet the challenges of a competitive marketplace,” said Bartz. “I am very happy we are recognized by Diversity.Business.com.”

Congratulations to Elizabeth Bartz and to everyone at State and Federal Communications!

“Lobbyist asks lawmakers to re-tweet anti-piracy study” by Brendan Sasso in The Hill.

North Carolina: “Legislators, lobbyists mix business with pleasure” by Mandy Locke in the News Observer.

South Carolina: “S.C.’s ‘wink, wink’ policies” in the Anderson Independent Mail.

South Carolina: “CEOs, lobbyists eyed as S.C. legislative panel probing Gov. Haley ethics charges prepares witness list” by Gina Smith in the Sacramento Bee.

“Stevens: Citizens United decision needs adjusting” by The Associated Press in Politico.

“George Will column: Citizens United fears prove unnecessary” by George Will in the Green Bay Press-Gazette.

“Citizens: Speech, no consequences” by Richard L. Hasen in Politico.

“Super PAC donor lists include few women” by Stephanie Condon on CBSNews.com.

Former Governor Mitt Romney secured the Republican Party’s nomination for president with a win in the Texas primary on Tuesday, May 29, after amassing a projected 1,191 delegates.

“I am honored that Americans across the country have given their support to my candidacy and I am humbled to have won enough delegates to become the Republican Party’s 2012 presidential nominee,” Romney said in a statement.

President Obama called the former governor Thursday morning to congratulate him on the nomination and express his hope for “an important and healthy debate about America’s Future,” said Obama campaign spokesman Ben Labolt.

Other campaign notes:

• Wisconsin Governor Scott Walker (R) faces a recall election Tuesday, June 5, against his 2010 gubernatorial opponent, Milwaukee Mayor Tom Barrett (D). The recall started after Gov. Walker proposed a plan eliminating certain collective bargaining powers for public employees, but has focused primarily on economic conditions in the state. Current polling shows the Governor leading Mayor Barrett. A Real Clear Politics average of various polls on the race show Walker maintains a roughly six point advantage (51% to 44.4%).

• Congressman Thaddeus McCotter (R-MI) is waging a write in campaign for his own congressional seat after failing to obtain enough signatures to appear on the ballot in Michigan’s 11th District. McCotter waged a long shot, and ultimately unsuccessful, campaign for the 2012 GOP nomination for president. Now McCotter faces teacher Kerry Bentivolio in the 11th districts republican primary on August 7, 2012. Perhaps the biggest obstacle; however, may be the Congressman’s name, which could be tough for voters to spell. Luckily for McCotter, Michigan election law does not require a name be spelled correctly in order to count, as long as the voter’s intention is clear.

• Artur Davis, Former Alabama Democratic Congressman, has started the process of moving his voter registration to Virginia. On his website, Davis confirms rumors that if he were to run again, it would be as a Republican. Davis has lived in Northern Virginia since December 2010, after losing the Alabama gubernatorial election, as a democrat, by a large margin.

The Illinois General Assembly adjourned its legislative session early Friday morning, but not before both houses approved a bill aimed at curtailing super PAC influence in state elections.

Senate Bill 3722 would eliminate the campaign contribution limits in any races in which a natural person or independent expenditure committee makes independent expenditures for the benefit of the campaign of a particular public official or candidate in an aggregate amount, during an election cycle, of more than $250,000 for statewide office or $100,000 for all other elective offices.

Therefore, if a PAC spends more than $250,000 in independent expenditures during an election cycle for a candidate for governor, then there will be no contribution limits for any of the gubernatorial candidates. The bill will now go to Governor Pat Quinn’s desk to await his signature or veto.

Even though the Legislature has adjourned, Governor Quinn announced that he will continue to work on an overhaul of the state’s pension system with leaders from both sides of the aisle. Once they come to an agreement on a bipartisan bill, Governor Quinn said he would call both houses back for a special session during the summer.

Also, the typical legislative schedule will have the legislators reporting back to Springfield in November for a session to deal with any bills that Governor Quinn decides to veto.

Photo of the Illinois Capitol Building courtesy of Martin Davis on Wikipedia.

Sarah Kovit is a Compliance Associate at State and Federal Communications who is a fluent Spanish speaker and who has experience working with Puerto Rican officials and tracking newly enacted legislation. She is here to assist you with your Puerto Rican compliance needs.

According to Kovit: “Navigating the lobbying, political contribution, and procurement lobbying laws in Puerto Rico can be tricky. English copies of newly enacted legislation are rarely available and English language assistance with your questions is not always available. In the last year alone, Puerto Rico has passed a new election code, updated the PAC reporting structure, and created a pay to play law which affects organizations conducting business in Puerto Rico.”

You can contact Sarah Kovit at skovit@stateandfed.com.

National:

$55 Million for Conservative Campaigns – but Where Did It Come From?

Most Americans Think Campaign Money Aids Rich

Federal:

Acquittal, Mistrial in Edwards Case

Chamber Says It Will Evade Disclosure Ruling by Tweaking Ads

K Street Not Thrilled with Tampa

From the States and Municipalities:

Alabama

Alabama Legislature: Teachers can receive gifts of $25 or less

California

Senators Vote to Give up Free Tickets to Games, Concerts

Delaware

Lobbying Reform Bill Met with Debate

Florida

Florida Candidate Legally Changes Name to Web Address

Georgia

Senate Leader Balfour Piles Up Freebies

Illinois

Quinn Gets Bill to Relax Some Campaign Contribution Limits

Massachusetts

Wary of Fan Anger, Athletes Largely Avoid Political Fray

Ohio

Campaign Donor Limits Scrutinized

West Virginia

Political Groups Test Campaign Laws Ahead of High-Profile W.Va. General Election Races

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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