October 28, 2011 •
Highlighted Site of the Week – The Man in the Green Hat
The saga of a Congressional Bootlegger!
During this very week in 1930, the Washington Post began running stories about George Cassiday, a bootlegger who was selling alcohol to lawmakers from rooms in the House and the Senate office buildings. According to the U.S. House Office of the Clerk, Cassiday operated his operation from 1920 until 1930 – most of the span of prohibition.
The article says: “From a New York supplier, Cassiday routinely transported 35 to 40 quarts in two large suit cases by train. A Member, he claimed, secured basement office space for him that suited his illicit trade.”
After five years of investigating – one must wonder how hard they were trying in their investigation – the Capitol Police discovered Cassiday’s operation and arrested him. At the time of his arrest, Cassiday was wearing a green felt hat and that hat became his distinguishing characteristic as he made headlines.
The Washington Post reported that Cassiday said, “You find a more general spirit of good fellowship and conviviality in the House.”
Indeed.
You can read the article, “The infamous House bootlegger known as the ‘Man in the Green Hat‘” at the Office of the Clerk website.
Here is a fun video about George Cassiday and his exploits on the WETA TV website.
Photos courtesy of the Office of the Clerk Website and the Library of Congress.
October 27, 2011 •
Top Six News Posts Today
Government ethics, campaign finance, political campaign advertising, social media, and more.
- NCSL has updated their 50 state chart of state ethics commission information, with its interactive map, list of contact information, and detailed profiles.
- Politico published “Political advertising data may go online” by Brooks Boliek. According to the article, “The Federal Communications Commission is expected to vote Thursday on a notice of proposed rule making that could require broadcasters to post information about political ads and other data on the Internet.”
- Arizona’s clean elections program made the news yet again. “The Arizona Legislature may have to go back to the drawing board if it wants voters in 2012 to kill the state’s public-funded Clean Elections campaign-finance program,” reports the Arizona Republic in “Judge rejects Arizona campaign finance measure” by Alia Beard Rau.
- Read what the feds are tweeting right this moment on “The Feed” by Nextgov.
- Politico offers today “Ex-FEC chief: Lift money limits” by Dave Levinthal, where he begins by quoting former Federal Election Commission Chairman Michael Toner: “The United States should take a cue from the Commonwealth of Virginia — or the Cayman Islands, for that matter — and simply do away with limits on campaign contributions.”
- Remember “We the People,” the White House’s new online channel to offer your own petitions for better government? TechPresident gives us an update on whether the platform is living up to its promise to be a true place of genuine communication with the White House. Here is the blog post: “White House Begins Responses to ‘We the People‘” by Nick Judd.
October 27, 2011 •
Ask the Experts – It’s Football Time!
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q: I am a registered lobbyist who would like to host a state legislator at a college football game. Are there specific restrictions to this type of gift?
A: The most common gift restrictions are those relating to food and beverage. Providing tickets or admission to a football game is a different type of gift, referred to as entertainment or hospitality.
Some jurisdictions do not restrict providing entertainment at all. Pennsylvania does not restrict a lobbyist providing hospitality to an official. However, Pennsylvania does require the lobbyist’s principal to report the gift of hospitality, even itemizing it if the aggregate of all gifts to the official is more than $650 in a calendar year.
Other jurisdictions allow a lobbyist to provide entertainment up to a certain amount. In Texas, a lobbyist may provide expenditures for entertainment of $500 or less in a calendar year. Ohio permits a lesser amount. Lobbyists may provide Ohio officials gifts worth an aggregate annual value of $75 or less. Like Pennsylvania, both Texas and Ohio require the gift to be reported.
Louisiana specifically prohibits providing tickets to sporting events except for a very narrow exception. Other jurisdictions do not specifically mention entertainment or hospitality, but generally restrict these gifts to officials. Though a big football state, Wisconsin generally prohibits all gifts to officials.
The question reinforces the idea that a lobbyist must understand all of a jurisdiction’s gift restrictions, not just those that pertain to food and beverage. When considering any dollar value limitation on entertainment or hospitality, be sure to consider the proper method to value the gift in that jurisdiction. For example, the cost of a football ticket for ethics purposes could be its face value or its fair market value.
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.
October 27, 2011 •
News from Missouri
Special Legislative Session Ended Tuesday
Missouri’s special legislative session on economic development ended Tuesday, October 25, 2011 without an economic bill.
The Senate passed a motion to adjourn sine die.
The Seals of the Missouri House of Representatives and Senate by Tom Lemmens on Wikipedia.
October 26, 2011 •
Come Get Your Donuts and Cider!
State and Federal Communications, Inc. is raising money for United Way of Summit County.
On Friday, October 28, 2011, we are selling apple cider and Krispy Kreme doughnuts in the Courtyard Square lobby from 9:00am – Noon.
If you would like to order donuts by the dozen or cider by the gallon in advance, please contact Nicolette Koozer at 330.761.9960 or email nkoozer@stateandfed.com
October 26, 2011 •
State and Federal Communications
Coco Chanel said it best, “Imitation is the highest form of flattery.”
State and Federal Communications, and its predecessor State and Federal Associates, have been involved with lobbying compliance since 1976. You can imagine many others might try to duplicate our program but never have the resources or staff to implement the platinum type of service you currently receive from my highly trained in-house staff of 11 attorneys.
When I purchased my area of business from State and Federal Associates in 1993 and formed State and Federal Communications, Inc., we really were the only gig in town. As time goes on and as technology is easier, there are others—who have been clients or former employees—that feel a similar URL and a toll free number makes it easy to replicate. But don’t be fooled. There is only one true compliance company in Ohio and in this country and our reputation and our list of clients speak for themselves.
In government relations I have everyone down to two degrees of separation. In the case of competitors, it is only one because each has seen success and yearns for it. I don’t take it personally…it’s business. And, I assure you I take my business seriously and my relationship with my clients even more seriously. Your compliance needs have always been our absolute priority.
Thank you for the confidence you have in our services. We look forward to many, many more years together.
October 26, 2011 •
Nebraska Governor Calls Special Session
Special Session to Focus on Oil Pipeline to Run through State
Governor Dave Heinemen has called for a special session of the Nebraska Legislature to focus on proposed bills intended to reroute the Keystone XL crude-oil pipeline around a region of the state rich in groundwater. The session is scheduled to begin November 1, 2011, and is expected to last at least two weeks.
The call for a special session comes after weeks of debate as to whether such a session was necessary, as well as whether passing legislation pertaining to the pipeline would be constitutional and legal at this point in the process of planning the project.
For more information, you can read “Gov. calls for pipeline session” by Paul Hammel in the Omaha World-Herald.
Photo of the Nebraska Legislature Chamber by ensignbeedrill on Wikipedia.
October 25, 2011 •
Suffolk County Legislature Passes Bills Aimed at Cleaning Up County Ethics
Current Ethics Commission under Investigation
SUFFOLK COUNTY, NEW YORK: The Suffolk County Legislature has approved two bills that would overhaul the county’s ethics rules. One bill would create a five-member board of ethics, to replace the three-member commission. The county executive would appoint two members, and the legislature’s presiding officer, majority leader, and minority leader would each appoint one member. All appointees would require confirmation by the legislature.
The other bill consolidates disclosure and ethics requirements into one section of the county code. The bills are awaiting action by the County Executive.
The Suffolk County Ethics Commission is currently under investigation as a grand jury determines if the County Executive attempted to influence actions of the commission, and if the commission disclosed confidential information.
October 25, 2011 •
Montana, Political Campaigns, and Social Media
In response to complaints, the state prepares to define and regulate social media in politics.
Montana Commissioner of Political Practices David Gallik is now working on clarifying the rules for using social media in political campaigns. A few complaints have emerged in Montana over the use of email and social media in campaigns, and the commissioner recognizes the existing laws were crafted primarily for campaigns using print media, television, and radio.
In the Missoulian article “Montana political practices office to address social media campaign complaints,” journalist Keila Szpaller spoke with Gallik about what comes next for the state. The article also explores how the use of social media in political campaigns, and its regulation, can bring into focus the tension between personal privacy and the demands of an open democratic process.
October 25, 2011 •
Ohio Bill Signed to Create Multiple Primary Dates
Bill Deemed Necessary Due to Redistricting Issues
Governor John Kasich signed House Bill 318 into law the evening of Friday, October 21, 2011. House Bill 318 creates two separate primary elections in the state during 2012. The first primary election, for county partisan offices, the state legislature, and the available U.S. Senate seat, will be held on March 6, 2012, while the second primary date, for the President and U.S. House of Representatives, will be June 12, 2012.
The bill is intended to give state lawmakers more time to settle differences concerning Ohio’s recently passed map for legislative redistricting, as a Democrat-backed coalition seeks to place the redistricting measure before Ohio’s voters for a possible repeal in 2012 if a compromise cannot be reached.
October 24, 2011 •
Montana Contribution Limits Adjusted
Effective Today
Political contribution limit changes proposed this summer by the Montana Office of the Commissioner of Political Practices take effect today.
The adjustments affect the amount of contributions individuals, political parties, and political committees may make to candidates for the office of governor and other statewide positions.
Additionally, as also proposed this summer by the Commissioner’s office, electronic filing of reports is scheduled to begin in January.
October 24, 2011 •
San Francisco Ethics Commission Passes Campaign Finance Reform
Third Party Disclaimer, Disclosure, and Reporting to be Required
The San Francisco Ethics Commission has approved amendments to the campaign finance reform ordinance. The language of the amendments is forthcoming and will be approved by the commission at the November 14, 2011 meeting.
Amendments that were proposed and approved at the October 19, 2011 commission meeting include disclaimer, disclosure, and reporting requirements for communications that are paid for by third parties concerning candidates for city elective office, an affirmation of the $500 per person contribution limit to candidates, and permission for campaign funds to be used by a candidate to attend a fundraiser for a charitable organization. The commission also approved a provision which will allow the commission to modify the $500 limit to reflect the consumer price index for future elections.
The commission further clarified that a candidate may transfer funds from the candidate’s committee only before the funds become surplus.
October 24, 2011 •
Special Sessions Update
Maryland and South Dakota
MARYLAND: The Maryland General Assembly adjourned the special session to approve a congressional redistricting plan on October 20.
SOUTH DAKOTA: State lawmakers convened a special session on Monday, October 24. The purpose of the special session was to redraw the boundaries of the state’s voting districts.
October 24, 2011 •
Free Speech at Core of Mississippi Campaign Finance Suit
Mississippi Citizens Believe Reporting Requirement Stifles Political Participation
A federal lawsuit has been filed claiming a burden upon First Amendment free speech rights due to a state of Mississippi requirement that people or groups must file a campaign finance report upon spending at least $200 to support or oppose ballot initiatives.
The group of five citizens filing the suit claims the reporting requirement could scare people away from political participation. The group supports Mississippi Initiative 31, which limits the government’s use of eminent domain to take private land.
The citizens are represented by the Institute for Justice, a group that has also filed similar lawsuits concerning disclosure requirements in Colorado and Florida in recent years.
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.