Q.  I am a registered lobbyist who would like to attend a charitable golf tournament.  Are there specific restrictions or requirements for this type of event?

A. Mere attendance at a charitable golf tournament or similar event is not typically restricted.

However, this activity may be prohibited or subject to disclosure requirements depending on the circumstances.

Being a registered lobbyist does not hinder your ability to donate independently to a 501(c)(3) organization.  However, in some instances, your attendance may be requested because the event is associated with a public official.  If an official asks you to attend or sponsor the charitable event, this may be considered making a contribution “at the behest of” the official, depending on the laws in your jurisdiction.

If a charitable contribution is made “at the behest of” a public official, there are two considerations: permissibility and disclosure.  First, is the charitable contribution permissible?  A jurisdiction may consider the charitable contribution to be a gift to the public official who requested it.  For example, Massachusetts considers a charitable contribution in this scenario to be a prohibited gift.  Even if the charitable contribution is a permissible gift, there may be a limit as to how much a lobbyist may donate.

Second, if a lobbyist may make the charitable contribution, is it disclosed on a lobbying report?  In Illinois, these charitable contributions are not reportable on a lobbying report.  In California, the official who made the request of the lobbyist must disclose the charitable contribution.  However, this type of expenditure is reportable on a lobbying report in Connecticut.

If you are a registered lobbyist, check with the applicable state regulatory agency before making a charitable contribution “at the behest of” an 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.

There still might be a few of you out there who remember before BCRA and HLOGA, when we only needed to submit a quarter of a page card as our federal lobbying report. Those were the days, my friend!

These days you need to clear your schedule so you can:

1. Compile and track activity in accordance with your organization’s needs;
2. Conduct extensive outreach and follow up to capture applicable expenses/costs;
3. Obtain salaries of all employees engaged in lobbying activities—whether registered or not;
4. Respond to questions about reporting requirements;
5. Provide definitions for determining applicability;
6. Institute tracking mechanisms for Issues and Agency contacts;
7. Coordinate with outside consultants to ensure accurate reporting;
8. Coordinate LD-203 filing process;
9. Prepare documentation in case of an audit; and
10. File the report.

What??? You are not doing this? You are guesstimating! Tell me that is not the case.

If you are in DC you have probably seen me with Rebecca South, Federal Compliance Associate. She has created an amazing program to help the top Fortune 500 companies insure timely and accurate compliance for the LD-2 and LD-203 reports. If we can help alleviate your quarterly headaches, please feel free to contact her at rsouth@stateandfed.com.

Until next month, remember the LD-2 isn’t the only report due in April. According to our Key Dates chart, there are 112 lobbying/employer reports due in this country’s states, counties, and cities.

A bill requiring lobbyists to disclose all legislation they are trying to influence will be introduced into the Delaware Senate, possibly as soon as this week.

Senate Bill 185, as proposed by Senator Anthony J. DeLuca and endorsed by Governor Jack Markell and members of both parties of the General Assembly, mandates lobbyists report to the Public Integrity Commission the identity, by number, of each bill, resolution, or regulation for which the lobbyist has tried to promote, advocate, influence, or oppose. Disclosure of the name of the employer on whose behalf such direct communication occurred is also required.

Additionally, lobbying relating to any subject contained within any budget appropriation bill or bond and capital improvement bill must also include identification of the specific subject of the direct communication. Reports will be due within five business day after the date the first direct communication with a relevant public official regarding bills, resolutions, and regulations takes place. The bill provides for electronic filing of registration and reporting with the Public Integrity Commission.

The Commission will make the reports available online in a manner which can be easily reviewed by bill, resolution, regulation, lobbyist, or employer.

Former Massachusetts Treasurer Timothy Cahill was indicted on charges that he used more than $1.6 million in publicly-funded state lottery advertising to promote his gubernatorial campaign in 2010.

According to Attorney General Martha Coakley as noted in the Boston Globe, “Cahill faces charges of violating state ethics laws, violating state procurement laws, and conspiracy charges in connection with both those alleged crimes. The procurement and ethics law violations each carry possible sentences of up to five years in prison and a $10,000 fine.”

For full news coverage, be sure to read:“Timothy Cahill indicted on charges of using official funds for campaign-boosting ads” by Frank Phillips in the Boston Globe.

Here is Cahill’s response to the indictment: “Former state treasurer Timothy Cahill insists he acted to bolster the Massachusetts Lottery, vows to fight state corruption charges” in the Boston Globe.

A special election will be held on July 24, 2012 to fill the empty seat in House District 68. Thad Viers recently vacated the seat after being charged with harassing his ex-girlfriend.

The primary election will be held June 5, 2012. If necessary, a primary runoff will be held on June 19, 2012.

Photo of the South Carolina State House by Nikopoley on Wikipedia.

Federal: “Lawmakers profit from positions in Congress” by Gary Martin in the San Antonio Express-News.

Federal: “Ethics committee: Sen. Vitter of Louisiana violated public trust in blocking Salazar salary” by The Associated Press in The Washington Post.

Florida: “Senate to decide punishment on Norman ethics violation” by Brittany Davis in the Miami Herald.

Idaho: “Idaho Senate approves series of new ethics rules” by Alex Morrell and Todd Dvorak (Associated Press) in the Idaho Statesman.

Mississippi: “Lawmaker appeals $346K ethics violation order” in The Clarion-Ledger.

New York:  “APNewsBreak: NY board won’t disclose hire record” by The Associated Press in The Wall Street Journal.

Ohio:  “Cleveland lawmaker requests legislative group’s financial records after recent bribery charge” by Joe Guillen in The Plain Dealer.

South Carolina: “Blame enough to go around for ethics rank” in the Orangeburg Times and Democrat.

Texas: “Two-thirds of Texas congressional delegation named in report on ethics lapses” by Gary Martin in the Houston Chronicle.

A US District Court has declared a Federal Election Commission (FEC) regulation regarding disclosure for “electioneering communications” invalid.

The US District Court for the District of Columbia found FEC regulation 11 CFR §104.20(c)(9), which requires disclosure only of those making contributions over $1,000 to an entity for the purpose of furthering electioneering communications, contradicts the statute which requires disclosure of all donors making contributions over $1,000.

Concluding the FEC does not have the authority to narrow the disclosure requirement required by law, the Court declared the regulation invalid by granting the plaintiff, U.S. Representative Chris Van Hollen, summary judgment.

The FEC had argued for the need for the regulation after FEC v. Wisconsin Right to Life, Inc. (WRTL), which concluded corporations and labor organizations were permitted to make expenditures for electioneering communications that did not constitute express advocacy or its functional equivalent. The commission believed requiring only disclosure of funds earmarked for the purpose of furthering electioneering communications appropriately provided the public with adequate disclosure information.

Addressing this argument in the decision, District Judge Amy Berman Jackson wrote, “The [FEC] cannot unilaterally decide to take on a quintessentially legislative function; if sound policy suggests that the statute needs tailoring in the wake of WRTL or Citizens United, it is up to Congress to do it.”

Federal: “Trade group CEOs enjoy hefty pay raises in a sluggish economy” by William McQuillen and Danielle Ivory in The Washington Post.

Federal: “GAO: Lobbyist disclosure compliance ‘similar’ compared to prior years” by Rachel Leven in The Hill.

Federal: “Calif. biotech firms spend $40 million on lobbying in 3 years” by Bernice Yeung on CaliforniaWatch.org.

Federal: “Tech companies new lobbying force in DC” by Garrett Sloane in the New York Post.

New Jersey: “Some of Christie’s biggest bills match model legislation from D.C. group called ALEC” by Salvador Rizzo in the Star-Ledger.

Utah: “Rolly: Lobbyist and legislator in one? Could happen” by Paul Rolly in the Salt Lake Tribune.

“Federal judge says Federal Election Commission went too far in shielding campaign ad donors” by The Associated Press in the Washington Post.

“US Joins Countries Not Enforcing Campaign-Finance Regulations” by Samuel Rubenfeld in the Wall Street Journal.

Connecticut: “Governor’s controversial campaign finance fix rejected” by Mark Pazniokas on CTMirror.com.

New York: “Albany to begin Act II of legislative session” by Jon Campbell in the Lower Hudson Journal News. Campaign finance will be on the agenda.

The Ethics and Petitioning Commission of OZ has opened an investigation into the activities of Ms. Dorothy Gale following a complaint by Citizens for an Ethical Oz (CEO), which alleges Ms. Gale not only failed to register with the commission prior to petitioning the Wizard of Oz, but committed acts of bribery, violated Oz’s gifts laws, used public money and property for personal gain, and failed to report agreements made to petition on behalf of others.

Its complaint alleges Ms. Gale and the Wizard entered a quid pro quo contract trading use of the state-owned hot air balloon for the Wicked Witch of the West’s broomstick. This same contract also provided Ms. Gales’ companions—who had contracted with her to petition the Wizard on their behalf—with intellect, courage, and a heart. Additionally, Ms. Gale and her companions received the use of state funds illegally when they received full make overs by city employees. CEO contends it does not matter Ms. Gale was unable to utilize the hot air balloon, but merely the formation of the contract alone is in violation of petitioning statutes.

CEO leader Ambrose Smythe points out that when Ms. Gale made her agreement with the Wizard, she was under investigation in Munchkinland for destruction of private property, manslaughter, impersonation of a magical being, and grand theft of ruby slippers. Additionally, when Ms. Gale fled the Land of Oz, she was under further investigation for theft and murder by authorities in the West lands.

“I would like to believe Ms. Gale was merely a young girl who didn’t know any better,” Smythe said, “but this can’t even be called a good April Fools story.”

Photo of the ruby slippers by RadioFan on Wikipedia.

April 15-17, 2012  NASPO 2012 – How to Market to State Governments Meeting, Orlando, Florida

April 16-17, 2012  National Summit on Strategic Communications, Washington, D.C.

April 17-18, 2012 Public Affairs Council Spring Executive Board Meeting, Washington, D.C.

April 19, 2012 Kent State University, Washington Program in National Issues, Washington, D.C.

April 19-20, 2012 Campaigns & Elections Tech Conference, Washington, D.C.

April 27-29, 2012  Greek American Foundation – National Innovation Conference, New York, NY

May 2-4, 2012 Ohio State Bar Association Annual Convention, Cincinnati, OH

May 17-20, 2012  CSG Spring Leadership Conference, LaQuinta, CA

May 21-23, 2012  U.S. Chamber of Commerce Small Business Summit, Washington, D.C.

Back in September 2010, we highlighted a website called The Museum of the Moving Image: The Living Room Candidate. It featured a history of presidential campaign television commercials since the time of President Dwight Eisenhower.

In honor of the 2012 presidential race, I’ve found another great site with even more historical information about presidential campaigns. Our Highlighted Site of the Week is 4President.org.

According to their site: “Learn about each election by downloading a candidates issues brochure, reading campaign announcement and acceptance speeches, viewing campaign logos, and analyzing popular vote and electoral college data.”

Starting with the Kennedy/Nixon race in 1960, 4President.org offers speeches from the candidates announcing their candidacy for president and their acceptance speeches for their party’s nomination at the conventions. You can view the campaign buttons, bumper stickers, and even television advertisements. For the campaigns from 1996 forward, you can even see their old campaign websites!

Have fun with this site and have a beautiful weekend.

Federal:

Democratic Rep. Bobby Rush Escorted from House Floor for Wearing Hoodie in Honor of Trayvon Martin

Payday Lender Political Donors Hidden in Corporate Names

Super PACs Rival Chamber

From the States and Municipalities:

Arizona

After Bowl Scandal, Many Arizona Legislators Still Want Tickets to Baseball Opener

California

Medco Settles California Pension Fund Kickback Case

Delaware

Lobbying Disclosure Bill Shines Critical Sunlight on Lawmaking Process

District of Columbia

D.C. Ethics Law Overhaul Hampered by Hiring Difficulties, Enforcement Duties

Georgia

‘Revolving-Door’ Powers Politics

Hawaii

Judge Confirms Hawaii Can’t Limit Independent Expenditures

Illinois

Employee Gift Ban Recommendation Still Has Few Takers

Iowa

Iowa’s Lobbying Free-for-All

New Mexico

Salinas Seeks High Court Aid

New York

Lobbyists Reaping $220 Million Bonanza

Utah

How Utah’s Capitol Marches to a Mormon Beat

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.