September 22, 2011 •
Philadelphia Board of Ethics Approves Lobbying Regulations
Lobbyist Registration Delayed Until November
The Philadelphia Board of Ethics has approved proposed regulations that define lobbying activity and describe how lobbyists must register and report expenditures.
If the regulations are approved by the Law Department, they could become effective in early October. A previous board decision to provide a 30 day grace period would not require lobbyist registration until November.
Additionally, registration could begin only when the board has an online registration system in place. Shane Creamer, executive director of the board, stated he hoped the online registration system would be ready in November.
September 21, 2011 •
Constitutional Amendment to Reverse Citizens United
Congress and the States
An amendment to the U.S. Constitution seeking to reverse the ruling of the Citizens United decision has been reintroduced in Congress.
Congressman John Conyers and Congresswoman Donna F. Edwards, co-sponsors of House Joint Resolution 78, want to give Congress and the states specific authority to regulate corporate expenditures on political activity. The amendment reads “nothing in this Constitution shall prohibit Congress and the States from imposing content-neutral regulations and restrictions on the expenditure of funds for political activity by any corporation, limited liability company, or other corporate entity, including but not limited to contributions in support of, or in opposition to, a candidate for public office.”
In Congresswoman Donna F. Edward’s press release she states, “Justice John Paul Stevens warned that the Supreme Court’s ruling in Citizens United threatened ‘to undermine the integrity of elected institutions around the nation’ and how right he was. Since that flawed ruling was issued, campaign spending by outside groups including corporations surged more than four-fold to reach nearly $300 million in the 2010 election cycle.”
The amendment also reads “nothing contained in this Article shall be construed to abridge the freedom of the press.”
September 21, 2011 •
Bloomberg News Looks at the Legacy of James Bopp
Bloomberg writer Jonathan Salant takes a look at the 30-year career of James Bopp, Jr. and the effect of his efforts on the world of campaign finance.
Salant begins with: “Attorney James Bopp Jr. has spent 30 years fighting limits on campaign spending, and next year’s political landscape could be transformed by his labor: An election season in which at least $6 billion is likely to be spent, more than $700 million higher than 2008.”
The article assesses the increase we are seeing in political spending. It also details Bopp’s landmark legal challenges over the years, his loyalty to his home state of Indiana, and how free speech is at the heart of his mission.
For the full text of the article, got to “ Election Spending to Exceed $6 Billion Thanks Partly to Jim Bopp.”
September 21, 2011 •
Campaign Ads Coming to Twitter
It was just a matter of time for the social media platform.
Politico today reports that Twitter will be offering the opportunity for political campaigns to run ads on it social network.
The article, “Twitter to launch political advertising” by Ben Smith, says Twitter has had five years of observing online behavior. Like Google with its ads, Twitter wishes to cash in on what should be a great money-maker.
As for the issue of disclosure, Smith spoke with Twitter’s government liaison Adam Sharp, who said disclosure statements probably are not legally necessary for their ads. But Twitter will offer the ability to show “paid for by” information via a mouse-over on the paid Tweet.
It will be interesting to see if any regulation springs from this new development.
September 20, 2011 •
O.G.E. Proposes New Rules on Lobbyist Gifts
Exceptions to be Precluded
The Office of Government Ethics (O.G.E.) has issued proposed lobbyist gift ban rules, which would apply to all executive branch employees.
Most of the proposed rules deal with limiting, for lobbyists, the exceptions of the ban on gifts. For example, executive branch employees would not be permitted to accept invitations extended by lobbyists for free attendance at widely attended gatherings that would normally fall under the gift ban exception. Non-profit professional associations, scientific organizations, and learned societies, which are also sometimes registered lobbyists, would still be afforded the exception. The O.G.E. based much of its reasoning on the notion “the cultivation of familiarity and access that a lobbyist [gains]” may be used in the future by lobbyists to obtain more sympathetic hearings for clients.
Another change would preclude lobbyists from the gift ban exception of social invitations, such as invitations to cocktail parties and movie screenings, if the invitations were extended because of the employee’s official position, even if the lobbyist is not a prohibited source. The O.G.E. argues in its proposal that “the lobbyist could use social events as a way to build general good will with a class of employees in case access is needed for a future issue or client.”
The proposed rules arise because an earlier Presidential Executive Order regarding gifts to non-career political appointees, which had called for the O.G.E. “to apply the lobbyist gift ban set forth [in the order] to all executive branch employees.” Written comments about the rule must be received by the O.G.E. before November 14, 2011
September 20, 2011 •
NJ Governor Calls Again For Ethics Reform
Uniform Pay-to-Play Statewide
New Jersey Governor Chris Christie renewed calls on the Legislature to pass ethics reform. In a press release, the governor stated, “New Jersey’s ethics laws remain a patchwork of ineffective half measures and loopholes that fail to apply a uniform standard of rules of conduct for all levels of government in our state.”
Highlighting a report issued last week by the State Comptroller which emphasized the failure of the state’s pay-to-play laws, the governor reiterated the need for the changes in his proposals, which include imposing a uniform standard for awarding contracts at all levels and branches of government in New Jersey. His proposals would also end ‘wheeling,’ a practice of transferring political donations to circumvent campaign financing laws.
Governor Christie has pushed pay-to-play reform in New Jersey by linking financial Transitional Aid to municipalities with the requirement the municipalities adopt local pay-to-play ordinances.
A post about the State Comptroller report can be found here.
September 20, 2011 •
How Our Government Is Using Twitter
Law.com takes a look at this ubiquitous form of social media.
Here is an interesting article on Law Technology News (Law.com) that surveys the landscape of government agencies and their use of Twitter.
You’ll find the Twitter handles of many government agencies and more than a dozen examples of government tweets.
The article is called “Your Government, on Twitter” by Jesse Londin.
September 19, 2011 •
Montana Supreme Court to Consider Campaign Finance Law
Effects of Citizen United on State Law to be Examined
The Montana Supreme Court on Wednesday will hear the state’s appeal of the 2010 decision in Western Tradition Partnership, Inc. v. State of Montana finding the state’s ban on direct corporate spending for or against political candidates unconstitutional.
Citing the U.S. Supreme Court’s decision in Citizens United v. Federal Election Commission, District Judge Jeffrey Sherlock found the Montana law unconstitutional.
Attorney General Steve Bullock, who has stated the overturned law guaranteed citizens the right to participate in elections without their interests being overshadowed by corporations, will argue the case.
September 19, 2011 •
News You Can Use Digest – September 19, 2011
Here are highlights from the latest edition of News You Can Use:
Federal:
New Rule Would Expand Tight Obama Lobbying Rules to All Federal Workers
‘Revolving Door’ of Employment between Congress, Lobbying Firms, Study Shows
Without Scandal, Lobby Reform Stalls
From the States and Municipalities:
Colorado
Gessler to Help Raise Cash to Pay off GOP Fine
Delaware
Kentucky
Gubernatorial Candidates Back ‘No Cup of Coffee’ Rule
Massachusetts
Disgraced DiMasi Is Given Eight Years
Montana
Conservative Groups File New Lawsuit over Montana Election Laws
New Jersey
Report: Serious flaws in N.J. ‘pay-to-play’ law
New York
Former Hospital Chief Convicted of Offering Bribes to Albany Legislators
North Carolina
Groups Seek to Overturn N.C. Campaign Spending Law
South Dakota
Ethics Rules for State Workers Weak, Critics Say
Texas
Anita Perry’s Salary Comes Indirectly from Governor’s Backers
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.
September 16, 2011 •
Elizabeth Bartz Heading to Milwaukee with the Greater Akron Chamber
Group is looking for ideas for regional development
Elizabeth Bartz, President and CEO of State and Federal Communications, will be attending the Greater Akron Chamber Inaugural InterCity Leadership Visit in Milwaukee, Wisconsin. As a member of the Board of Directors of the Greater Akron Chamber, she will be representing the business community.
The trip will be from September 18 – 22, with the aim of exchanging ideas and learning best practices for regional growth.
September 16, 2011 •
We Are Attending PAC State and Local Relations Seminar
Also Sponsoring Networking Breakfast!
State and Federal Communications staff Jeff Roberts, Sarah Kovit, Zachary Hoying, and Ken Kelawae will be attending the Public Affairs Council’s State and Local Government Relations Seminar in Washington D.C. The seminar will be held September 18 – 20.
If you will also be there, be sure to say hello!
State and Federal Communications is also excited be sponsoring the Tuesday morning Networking Breakfast. “We are proud to assist the Public Affairs Council,” said Elizabeth Bartz, the company’s President and CEO.
September 16, 2011 •
Highlighted Site of the Week – Get Local!
A local political contributions tracker from the Center for Responsive Politics
This week’s Highlighted Site of the Week is the political contributions database on OpenSecrets.org. The Get local! tracker provides charts, lists, and interactive maps for searches by state or even down to the zip code level.
According to the site, “These profiles can show you who’s making the big political contributions in your state, as well as where the money’s coming from (by city, by zip code, and graphically with our “money maps”). You’ll also find links to a money profile of your senators and representative, with a detailed look at where their campaign warchest came from.”
Each search provides a summary of political contributions, from which you can drill down to top contributors, top recipients, and presidential campaign contributions. You can also search representatives from your own, or other Congressional Districts. You can also find search results for previous election cycles.
A big thank you goes to State and Federal Communications Research Associate Sarah Kovit for finding this Highlighted Site.
Photo of the U.S. Capitol with the flag by Florian Hirzinger on Wikipedia.
September 15, 2011 •
Calls for Change to New Jersey Pay-to-Play Laws
Comptroller and ELEC Director
Today the New Jersey State Comptroller A. Matthew Boxer and the Election Law Enforcement Commission (ELEC) Executive Director Jeff Brindle called for a simpler pay-to-play system, tighter contracting rules, and more complete disclosure of contractor contributions.
Comptroller Boxer issued a report finding the state’s pay-to-play laws contain “a series of fatal flaws [that] have essentially rendered New Jersey’s Pay-to-Play law meaningless in the effort to prevent local governments from steering contracts to politically favored vendors.” Director Brindle stated, “Unfortunately, New Jersey’s political history is littered with examples of private contractors securing lucrative public contracts through targeted contributions.”
The comptroller’s report suggests several changes, such as eliminating the fair-and-open exception which has different regulatory systems at the state and local levels, strengthening fair-and-open guidelines to require more competitive contracting, and reforming New Jersey’s contract laws to allow a more competitive vendor-selection process.
Drawing on earlier recommendations from ELEC, Director Brindle also made calls for changes, including for one state pay-to-play law to apply “across the board” for all jurisdictions, emphasizing “the current maze of local and state laws is terribly confusing.” Additionally, ELEC proposes that any public contractor receiving a contract over $17,500 file an annual report with the agency, listing the contractor’s contributions and public contracts. The current disclosure threshold is $50,000. Director Brindle also stated the contribution limits for contractors should be raised to help address fundraising concerns and not discourage participation in the political process.
“Combined with competitive bidding reform as suggested by the Comptroller, together these changes would, I believe, constitute the strongest pay-to-play law in the nation,” Director Brindle said.
Comptroller Boxer’s press release is here. Director Brindle’s press release is here.
September 15, 2011 •
North Dakota Governor Calls Special Session
Session to address legislative redistricting and disaster relief
North Dakota Governor Jack Dalrymple has called a special legislative session to begin on November 7, 2011.
The session is expected to last five days and will address issues including legislative redistricting and disaster relief.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.