Massachusetts lobbyists using a LinkedIn online discussion group are not prohibited from soliciting contributions for candidates from the group.

The Office of Campaign and Political Finance (OCPF) issued an opinion, AO-12-03, on November 20, detailing when a lobbyist can solicit contributions on LinkedIn without being considered a regulated intermediary or conduit bundling contributions. The OCPF considers the use of social media, such as LinkedIn, as a “personal service” that is generally exempt from campaign finance limitations or disclosure requirements.

Asking members of a lobbyist’s LinkedIn group “to contribute directly to candidates does not involve ‘arranging’ for the making of contributions” requiring application the law,” the opinion holds. However, a lobbyist could be regulated if contributions are either “‘delivered, whether in person or by mail [by the regulated intermediary], to a particular candidate or such candidate’s authorized committee or agent’ or made ‘in a manner that identifies in writing the person who arranged the making of the contributions.’” For example, in the instance of direct contributions to a candidate, if a lobbyists “actually instructs the contributors to identity, with a note on their contribution checks, the legislative or executive agent as the person responsible for arranging the contribution, the legislative or executive agent would be subject” to regulation.

The restrictions for bundling apply only if at least one of the bundled contributions is more than $156. The OCPF also opined that persons who are not lobbyists may use LinkedIn or similar sites to solicit contributions for candidates, with certain restrictions for public employees.

Outgoing senate president Tom Niehaus has introduced a bill to overhaul the state’s ethics law. Senate Bill 391, if passed, will:

• Increase the lobbyist registration fee to $35 (will take effect 12/1/14 if passed);
• Change the registration period for executive and retirement system lobbyists to two years, expiring on December 31 of even-numbered years (will take effect 12/1/14 if passed);
• Codify the percentage of time a lobbyist must spend on lobbying before being required to register;
• Increase the itemizing threshold for lobbyist expenditure reporting to $100;
• Exclude maintenance of office facilities and compensation paid to legislative agents from the definition of expenditure; and
• Increase the limit on gifts to public officials to $250, aggregated per calendar year.

The bill also provides additional requirements for financial disclosures from public officials.

Mayor Rahm Emanuel is continuing to overhaul the city’s ethics code by introducing another ordinance based on his ethics task force’s recommendations. While this proposed ordinance deals mostly with governmental employees and elected officials, it would also bring some changes to lobbyist registration and reporting.

The ordinance, if approved, will change the definition of a lobbyist. Currently, volunteers, employees, officers, and directors of a not-for-profit entity are exempted from registering as a lobbyist. However, the proposed ordinance will eliminate that exemption and require those members of a not-for-profit entity who seek to influence legislative or administrative action to register as a lobbyist. The proposal does allow the ethics board to create objective criteria allowing for a reduction or a waiver of the registration fees for not-for-profits lobbyists.

Finally, under the proposal, lobbyists would be required to disclose the actual amount of compensation received from employers. Currently, the compensation needs only to be rounded to the nearest $1,000.

Photo of the Daley Plaza and Chicago City Hall by JeremyA on Wikipedia.

The Tallahassee city commission has approved the volunteers appointed to the newly-created ethics advisory panel.

The panel will spend six months reviewing the city’s policies on ethics, financial disclosure, and transparency to determine whether to keep the current policies or adopt new ones.

The meetings will be publicly noticed, and the panel has already invited several outside experts to give feedback.

The Legislative Assembly of Alberta crept closer to approving changes to the province’s elections act last week. The bill, which is in the process of going through its second reading, will give the chief electoral officer the power to inform the public who is being fined and to better identify parties receiving cash.

This past May, Elections Alberta fined over 20 corporations for making illegal donations, but was unable to identify the corporations fined or the parties receiving the illegal contributions. The bill will allow the department to go back and reveal the fines of the past three years.

The new bill will also increase disclosure rules for people making political contributions. If the bill is approved, parties or constituency associations will have to disclose any donors who contribute $250 or more. Currently, donors can remain anonymous until they contributed at least $375.

However, many in the province do not think the bill goes far enough. Liberal MLA Laurie Blakeman said the new bill is “feeble, weak, pale, insufficient, and poor. This is not 21st century thinking and it does not address any of the recent scandals that have come up.”

Once the bill passes the second reading, which it is expected to do, it will head to the Committee of the Whole.

On November 20, 2012, lawmakers met for Organization Day, the first official day of the 118th General Assembly.

Lawmakers will reconvene on January 7 for the start of the legislative session, which must be adjourned by April 29, 2013.

Organization Day is largely procedural, including the ceremonial swearing in of new and reelected members.

Photo of the Indiana State House by Jasont82 in Wikipedia Creative Commons.

Lobbying

“K Street Files: On a Mission, Lobbying Power to the People” by Janie Lorber and Kate Ackley in Roll Call.

“Lobbying is stepped up on ‘fiscal cliff’ talks” by Maria Recio and David Lightman in the Sacramento Bee.

“Influence game: Election over, campaign continues” by Stephen Ohlemacher (Associated Press) in the Abilene Reporter News.

“With second term assured, Obama aides eye jobs as lobbyists on K Street” by Kevin Bogardus in The Hill.

Florida:  “House Speaker Dean Cannon jumps from legislating to lobbying” by Jason Garcia in the Orlando Sentinel.

Missouri: “Freebies from lobbyists becoming harder to track in Missouri” by Virginia Young in the St. Louis Post-Dispatch.

Campaign Finance

“Bevy of Fixes Might Complicate Efforts To Reshape Campaign Finance System” by Eliza Newlin Carney in Roll Call.

“States crack down on campaigning nonprofits” by Matea Gold and Chris Megerian in the Los Angeles Times.

“Democratic super PACs get jump on 2014, 2016” by Kenneth P. Vogel in Politico.

California:  “2 lawmakers accused of money laundering” by Lance Williams in the San Francisco Chronicle.

Ethics

“Ex-state official loses job in ethics flap” by Laura A. Bischoff and Meagan Pant in the Dayton Daily News.

Wisconsin:  “Campaign, county work intertwined under Walker, prosecutor says” by Steve Schultze and Daniel Bice in the Milwaukee Journal Sentinel.

National:

States Challenge ‘Secret’ Campaign Money

Unions Flexed Muscles in State Campaigns

Federal:

David Petraeus Affair Scandal Tests Washington Code

Forget Creativity: Can lobbying be taught?

From the States and Municipalities:

California

Go Lorrie’s Executives Plead Guilty to Money Laundering in 2011 Mayor’s Race

Florida

Homestead Mayor’s Wife Bought Developer’s Mercedes

Georgia

Governor Denied in Bid to Recover Legal Fees from Watchdog

Illinois

15 Members of Joe Berrios’ Family on County, State Payrolls

Ohio

Fix Redistricting? Sure, But How?

Rhode Island

RI Ethics Board to Require Officials to Disclose Out-of-State Travel Expenses Paid by Others

Rhode Island

Struggling RI City’s Ex-Mayor Pleads Guilty to Federal Corruption Charge over Gifts

Washington

Tea Partiers Fight Disclosure Law in the Ninth

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.

The Board of Commissioners of the Georgia Government Transparency and Campaign Finance Commission has issued an order for lobbyists with unpaid fines, fees, and unfiled reports.

The commission will deny lobbyist renewal for 2013 to individuals registered with outstanding fees for previous registrations, supplemental registrations, or identification cards.

The commission will also deny lobbyist renewal to individuals with unpaid fines or unfiled reports previously due.

The order goes into effect on December 16, 2012.

A new executive director for the Oklahoma Ethics Commission may be selected next week.

According to The Oklahoman, commissioners intend to interview the final four applicants, all from Oklahoma, for the position on November 27.

Outgoing executive director Marilyn Hughes, who has held the position for nearly 25 years, is leaving the job on November 30.

Also retiring on November 30 are the Ethics Commission’s general counsel, Rebecca Adams, and its investigator, Darey Roberts. Ms. Adams was general counsel for the last 21 years and Mr. Roberts its investigator for 17 years.

Elizabeth Bartz, President and CEO of State and Federal Communications, has been appointed to serve as a member of the Associates Advisory Committee of The Council of State Governments (CSG) for 2012/2013 term.

CSG is a region-based forum that fosters the exchange of insights and ideas to help state officials shape public policy. It is our nation’s only organization serving all three branches of state government.

According to their website, “The [Associates Advisory Committee] consists of public and private representatives who assist CSG in identifying and recruiting potential associate members, provide advice on development and marketing techniques for the program, and make recommendations to the CSG Executive Committee for promising new public/private partnership opportunities. The committee also assists CSG in identifying key policy issues and state trends.”

Congratulations to you, Elizabeth, for this honor and service!

Lobbying

“Targeting the ‘Lobbyist’ Next Door” by Jeanette M. Petersen in The Wall Street Journal.

“K Street Files: The British Are Coming to Venn” by Kate Ackley in Roll Call.

Campaign Finance

“Watchdog group files FEC complaint against Crossroads GPS” by T.W. Farnam in The Washington Post.

“Technology Leaders Endorse Effort to Overhaul Campaign Finance” by Thomas Kaplan in The New York Times.

“California’s political watchdog agency will probe $11 million political donation” by Steven Harmon in the Mercury News.

Michigan: “Campaign finance software updates designed to make filing easier; Candidate committees to experience simpler data entry” in Equities.com.

New York: “NYC Campaign Finance Board Throws The Book At Ex-Brooklyn Councilman Kendall Stewart” by Celeste Katz in New York Daily News.

Ethics

New York: “Annapolis to rewrite ethics rules for elected officials” by Erin Cox in the Baltimore Sun.

“Longtime Oklahoma Ethics Commission workers are honored” by Michael McNutt in the Oklahoman.

National:

If Your Side Lost The Election, Time to Secede from The Union?

Super-Sized Majorities Shift Legislative Power

Federal:

Campaign Finance Reformers Get Back to Work after Record Election Spending

Is Part of Voting Rights Act Outdated, Unfair? High Court to Decide

From the States and Municipalities:

Arizona

Tougher Campaign Finance Disclosure Laws Sought

California

After Election, State Lawmakers and Interest Groups Travel in Tandem

Georgia

Georgia Lawmakers Get Luxury-Box Tickets to Dome

Maryland

Ethics Oversight Board Hasn’t Met in Years

Ohio

Ohio Elections Panel Again Clears Gerald McFaul in Controversial Campaign Finance Case

Oklahoma

Oklahoma Ethics Commission Narrows Field of Applicants

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.

Following a volatile election season that saw spending in excess of $6 billion, the makeup of the federal government not only stayed the same, but leadership in both parties will also change very little. Republicans held elections to their leadership posts on Wednesday, and Democrats are slated to hold elections on November 29.

Democratic House Leadership:
While democrats gained seats in the house, those gains weren’t nearly enough to win back the majority and the biggest question for house leadership was whether Minority Leader Nancy Pelosi (CA) would stay on in that role in the 113th Congress. In a press conference held Wednesday morning, surrounded by a number of new and current representatives, Pelosi announced she would again run for the position she’s held since 2011. Pelosi is not expected face any serious challenge but made one stipulation to her decision; that Rep. Steve Israel (NY) stay on as the chairman of the Democratic Congressional Campaign Committee for the next election cycle.

With Pelosi’s decision, the rest of the leadership positions are expected to fall into place with Rep. Steny Hoyer (MD) to remain Minority WHIP and Rep. James Clyburn (S.C.) to stay on as assistant leader. The only expected change near the top of Democratic leadership is Rep. Xavier Becerra (CA) who announced he would run for the number four spot as the House Democratic Caucus Chair; a seat vacated by term limited Rep. John Larson (CT).

Republican House Leadership:
As expected, Speaker John Boehner (OH), Majority Leader Eric Cantor (VA) and Majority Whip Kevin McCarthy (CA) will stay in the top three leadership positions. The only new face to the top of Republican leadership is Rep. Cathy McMorris Rodgers (WA) who won election to the fourth leadership spot as chairwoman of the House GOP Conference, replacing outgoing chair Jeb Hensarling (TX).

McMorris Rodgers was silently backed by the Speaker and other House leaders, while former Vice Presidential candidate and House Budget Chairman, Paul Ryan publicly supported Rep Tom Price (GA). Additionally, Rep. Greg Walden (OR) will replace outgoing chairman Pete Sessions (TX) to head up the National Republican Campaign Committee where has served as Vice Chairman for the last two cycles.

Senate Leadership Changes:
Senate leadership saw even fewer changes as both Sens. Harry Reid (NV) and Dick Durbin (IL) will maintain the top two Democratic Leadership positions, and Sen. Mitch McConnell (KY) will stay on as Senate Minority Leader. With the retirement of Sen. Jon Kyl (AZ), the Republicans elected outgoing National Republican Senatorial Committee Chairman John Cornyn (TX) as the new Senate Minority Whip.

On the campaign side, The Democratic Senatorial Campaign Committee Chairmanship has been offered to Sen. Michael Bennet (CO). Bennet turned down the job in 2010, and has no hard deadline for making a decision this time around. The freshman Senator would be taking over for Sen. Patty Murray (WA).

Likewise, the NRSC has elected a new chairman. Sen. Jerry Moran (KS) will head the committee for the next election cycle, while Sen. Rob Portman (OH) and Sen.-elect Ted Cruz (TX) will serve as vice chairmen.