Federal:

How One Criminal Case Hit K Street

Hybrid PACs: Super PACs and Traditional PACs Can Merge

Lobbyists In On ‘Super’ Secrets

OMB Finalizes Details on White House Lobbying Reform Rules

From the States and Municipalities:

Alabama

Commission’s Opinions Further Define 2010 Ethics Law

Delaware

Colbert Takes Satirical Swipe at Abuse of Delaware Spending Disclosure Laws

Minnesota

Disclosure Rules Apply, Campaign Finance Board Says

New Jersey

N.J. Ethics Reform Efforts Bogged Down for Year

New Mexico

New Mexico Governor Signs Bill to Close Loopholes in State Contract Bidding

New York

NYC Mayor Cross-Examined at Ex-Operative’s Trial

Texas

Recall Case Likely to Extend Beyond El Paso

Utah

Lobbyists Want Keys to the Gym and Valet Parking at Capitol

Virginia

Trackers an Evolving but Undeniable Political Force

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.

Jim Sedor is editor of News You Can Use.

Each week the U.S. House Office of the Clerk gives “Historical Highlights” and today it remembers how 93 years ago the country was facing a flu pandemic. The House and Senate decided to close the public galleries.

The Office of the Clerk gives us an idea of the scope the problem: “According to some modern estimates, more than 50 million persons perished worldwide in the 1918–1919 outbreak; most sources attribute 500,000 or more deaths in the U.S. alone to the Spanish flu. Washington, D.C., swelled by an influx of government workers during the First World War, was particularly hard hit.”

They reported that there were 400 deaths in D.C. during the second week of October, and 730 deaths the week after that. A number of House members were absent from the session and action had to be taken.

U. S. Rep. Henry Rainey (D-Ill.) said, “Mr. Speaker, it is matter of common knowledge that an epidemic of alarming proportions is prevailing throughout the country. … Out of an abundant precaution the Senate has ordered the galleries closed, which action, I understand, meets with the approval of the medical authorities, and so I ask unanimous consent that the Speaker be instructed to close the galleries of this House until further action shall be taken by the House.”

The motion was approved without objection, and the House and Senate galleries were closed and were not reopened until November 4.

The Federal Election Commission (FEC) will no longer prohibit nonconnected political committees from accepting corporate and labor organization contributions, provided the political committee maintains and deposits those contributions into separate bank accounts.

The Commission will also not limit the amounts permissible sources can contribute to such accounts.

In an statement released by the FEC, it stated, consistent with its agreement to a stipulated order and consent judgment in Carey v. FEC, it would no longer enforce 2 U.S.C. §§ 441a(a)(1)(C) and 441a(a)(3), as well as any implementing regulations, against any nonconnected political committee with regard to contributions from individuals, political committees, corporations, and labor organizations under certain conditions.

A single committee may now contribute directly to candidates and political committees, and make independent expenditures, separating the funds only by using two separate bank accounts. The committee must maintain the statutory limits on the solicitation of funds used for direct contributions while it may simultaneously seek unlimited funds for use in their independent expenditures.

The FEC intends to develop new regulations and amend its reporting forms. Until that time, the Commission says committees should follow the procedures the FEC outlines in its current statement, which is located here.

This post follows up  previous articles by George Ticoras, “FEC Agrees Not to Enforce Some Laws Against NDPAC” and “One PAC Is Enough.”

I saw this item on Eric Brown’s Political Activity Law blog.

YouTube is now the place to watch the latest political videos with its new YouTube Politics Channel. According to YouTube’s blog, “The new YouTube Politics site will feature the latest campaign ads, parodies, gotchas, and speeches, offering you a 360-view of the election.”

YouTube Politics follows in the footsteps of other Google projects that touch upon politics and elections, such as YouTube News and YouTube Town Hall. Of course since it is YouTube, you will be able to follow each candidate to see how they are doing by seeing their stats – how many video views they have had, how many subscribers, and the quality of the comments they receive.

YouTube’s blog offers this announcement in honor of the event: “YouTube.com/Politics: Tracking the 2012 election campaign through online video” and here is Politico’s coverage of the launch: “Google to Launch YouTube Politics” by Jennifer Martinez.

An ethics reform bill heralded this summer by Massachusetts House Republicans has been blocked.

The Democratic-controlled house voted 116 to 34 today against a motion allowing House Bill 3718 out of committee for a full vote. Among the changes in the bill are the requirement lobbyists wear badges identifying themselves as such, contribution restrictions for house members, and the prohibition of house members and their staff from contacting public entities regarding pending procurement decisions.

The reform measure arose as a response to the conviction this summer of former house speaker Salvatore DiMasi on seven counts of corruption.

This post follows up a previous article by George Ticoras, “New House Ethics Rules Proposed for Massachusetts” from June 23.

Photo of the Massachusetts Statehouse by Fcb981 on Wikipedia.

Registered federal lobbyists may not serve on any boards, commissions, or similar groups created by the President, the Congress, or an Executive Branch department or agency, the Office of Management and Budget (O.M.B.) has affirmed.

The O.M.B. issued its Notice of Final Guidance detailing, in a question and answer format, the limitations of federal lobbyists’ service on federal boards and commissions. The policy does not apply to full-time federal employees, state lobbyists, or employees of organizations that engage in lobbying activities. If an appointment is made pursuant to statutory authority or presidential directive by Congress or state governors, the O.M.B. encourages the appointments to be made to individuals who are not federally registered lobbyists whenever possible.

The O.M.B. policy was created at the directive of a June 18, 2010 Presidential memorandum “Lobbyists on Agency Boards and Commissions.” Federal lobbyists on boards and commission as of June 18, 2010 may serve out the remainder of their terms.

The O.M.B.’s final guidance will be effective 30 days from issuance in the Federal Register.

Indiana’s government website, IN.gov, now boasts 1 million registered users – people who receive emails, text messages, and RSS feeds from the site. IN.gov links to 82 state agency websites and there are 1600 topics to which anyone can subscribe.

Govtech.com reports today about the landmark in the article “1 Million Users Register for Indiana Digital Updates” by Sarah Rich. The article says, “According to Indiana, the state is the first in the country to reach 1 million registered users through GovDelivery.”

It is easy to see why In.gov is such a success. The site is clean, nice-looking, and easily navigable. You can readily find social media links, a subscription menu, transparency information, links for offering suggestions and sending email, and even a QR code.

I couldn’t help but be impressed with the degree to which Indiana’s Office of Technology has done its homework. They have analyzed the usage of the website by monitoring whether the agencies are releasing information regularly for each subscription topic and whether anyone is subscribing to the feed. If not, the topic is removed. They have determined the program has saved them over $200,000 in costs by reducing the need to print and mail information.

State and local governments, take note!

The Minnesota Campaign Finance and Public Disclosure Board released a statement of guidance that details when groups are required to disclose donors who support or oppose a ballot initiative.

The guidelines suggest that a group that is involved in multiple activities including the support or opposition of ballot initiatives must determine how much of a contribution is directed to a ballot initiative influencing effort.  Money specifically designated for ballot question expenditure purposes and money given in response to an express or implied solicitation to support a group’s campaign to promote or defeat a ballot question is considered a contribution for the purpose of promoting or defeating a ballot question which requires donor disclosure.

The Campaign Finance Board will consider adopting the guidelines at its next meeting.

The Federal Election Commission (FEC) issued an Advisory Opinion stating a “project” created by a trade association may make certain communications to the general public asking individuals to contribute directly to particular federal candidates.

The Utah Bankers Association (U.B.A.) had requested the Advisory Opinion. It intends to solicit the general public through its website and e-mail, as well as through the website of “Friends of Traditional Banking,” a project created for this purpose. There will be no coordination with any candidate and no contributions will be accepted or forwarded to federal candidate’s committees.

In Advisory Opinion 2011-14, the Commission concluded the expenses for soliciting contributions through a trade association’s own website and e-mail is not an in-kind contribution because an internet communication is not a “public communication” if it “is not placed for a fee on another person’s website,” and therefore does not meet the content prong test of coordinated communications. The Commission also found U.B.A.’s plan is not “electioneering communications” which are limited to broadcast, cable, or satellite communications

Other questions related to the U.B.A. request were also addressed in the opinion.

The outage will occur in the afternoon while we make some upgrades.

Thank you for your patience. We appreciate our many readers!

Business experts gave their evaluation of the effectiveness of government apps in Nextgov.com’s article “Government apps: Learning from industry” by Joseph Marks. The article highlights some apps you may not have heard of – an informational app from the Smithsonian, a Post Traumatic Stress Disorder app from the Veterans Administration, and a baby naming app from the Census Bureau, and many others.

Marks discusses the experts’ criteria for their grading, the growth of government use of mobile apps, and some current trends  to watch.

Here is an interactive infographic showing the results of the grading.

State Senator Lou Correa is planning to introduce legislation that would make members of the public who are appointed to serve on boards subject to the state’s revolving door provision.

The legislation would require that all board members wait 12 months after terminating board service before lobbying their former colleagues.

Photo of the California Senate chamber by David Monniaux on Wikipedia.

NCSL’s blog The Thicket at State Legislatures put up a post yesterday that discusses where legislators turn in order to get information to help them make public policy decisions.

The blog cites two sources of information and makes a comparison. The first source is a survey by NCSL, the Council of State Governments, and the State Legislative Leaders Foundation from 2002. The second source is a book called Power, Knowledge, and Politics: Policy Analysis in the States by John Hird from 2005.

The two surveys approached the question in different ways, but according to the blog post, they came up with the same rankings. Take a look at this chart, which summarizes it with bar graphs. Interest groups and lobbyists appear in eighth place on the list.

Retired Major General David W. Gay has been selected to serve as the chairman of the nine-member Citizen’s Ethics Advisory Board. Gay was initially appointed to his position on the board by then-Governor M. Jodi Rell on October 1, 2009.

Prior to his appointment, Gay served as the Adjutant General of the Connecticut National Guard from 1992 to 1999, when he retired after forty-three years of distinguished military service. His military career began in 1953 when he served in the U.S. Marine Corps. He enlisted in the Guard in 1960 as a PFC and served in several different positions and disciplines at all levels.

Further, Charles F. Chiusano has been selected to serve as vice-chairman of the board. Chiusano was appointed in 2010 by Senate Minority Leader John McKinney after he had retired from his position as vice president of Avant Business Services Corporation. Each member’s one year term fulfilling the position is effective as of October 1, 2011.