Q. Are there prohibitions on registered lobbyists hand-delivering a political contribution check [personal, corporate, or PAC] to a candidate at the candidate’s fundraiser?

A. Forty-six states do not regulate the personal delivery of campaign contributions by contributions.  Of course, this assumes all other things being legal, such as session bans, a ban on corporate contributions, a ban on personal contributions by lobbyists, or personally delivering contributions while at the state capitol.

Alaska law provides that lobbyists may not host a fundraising event, directly or indirectly collect contributions, deliver contributions to a candidate, or participate in fund-raising activities.

Kentucky law prohibits a legislative agent from exercising control over a campaign contribution from a PAC and directing it to a specific state legislator, candidate, or committee.  This prohibition includes hand-delivering a contribution.

In Maryland, a lobbyist may not, for the benefit of the governor, lieutenant governor, attorney general, or comptroller, member of the general assembly, or candidate for election to these offices solicit or transmit a political contribution from any person or political committee.

South Carolina has very strict rules governing a lobbyist’s involvement when it comes to political contributions.  Not only are lobbyists prohibited from making personal political contributions —  even as a constituent — they are prohibited from hand-delivering a corporate or PAC check to a candidate at the candidate’s fundraiser.

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.

Have you made your reservation for NCSL Legislative Summit 2011? I hope so. State and Federal Communications, Inc. will be there in full strength and ready to meet you!

This is our (lucky) 13^th year attending this annual meeting of legislators and government affairs executives. The exhibit booth has been packed and is ready for the trek to San Antonio along with our computers, brochures, and our fabulous lanyards that we are resurrecting after a two-year hiatus.

This year we have six people from the company joining us. Stop by Booth 217 to see Nola Werren, John Chames, Ren Koozer, Rebecca South, Joe May, and yours truly!

Where else will you see us? Name it. We are attending the Women’s Legislative Network Executive Board meeting, Foundation for State Legislatures Board of Directors Meeting, Executive Meeting, Foundation events, and every event sponsored by State Government Affairs Council (SGAC). We will be all over San Antonio…And, you will be able to follow us on Facebook, Twitter, and on our blog, www.lobbycomply.com. Joe May, our social media coordinator, is joining us this year to keep you up-to-date on the speakers (Jim Collins author of Good to Great is set to speak). Joe will also cover events and while we will miss the tour of the Alamo, we will attend the armadillo race. (Now, I assure you that is something we do not have in Akron, Ohio. Feel free to ask me about our Soap Box Derby.)

NCSL is not for the weak because we are up at the crack of dawn for a hearty breakfast and then off to meetings and booth duty. By Thursday night, we will all be ready for a fabulous dinner as we unwind from a busy week…And, thinking of what we will do in Chicago in 2012!

The Frederick County Board of Commissioners voted to have a public hearing for a new ethics ordinance which, among other things, would no longer require lobbyists to disclose their annual income.

Based on one of the state’s recommended models for local ethics laws for counties and cities, the ordinance drew concerns by commissioners that the requirements for lobbyists could be weaker than those currently in place. As an example, Frederick County’s requirements for registration and reporting for grassroots lobbying are not included in the proposed ordinance, which would supersede the current law.

The public hearing has been scheduled for September 6.

The Seventh Circuit Court of Appeals has enjoined enforcement of a Wisconsin law that makes it illegal for anyone to give more than $10,000 in a calendar year to a political committee that makes independent expenditures in elections.

The Wisconsin Right to Life State PAC sought to halt enforcement of the contribution limit in light of the special elections to be held on August 9 and 16, 2011.

The Seventh Circuit Court of Appeals enjoined enforcement of the Wisconsin contribution limit finding that Wisconsin Right to Life State PAC had a reasonable likelihood of succeeding on the merits of its appeal, and set the case for expedited appeal.

California may become the first state to allow political contributions on the state and local levels to be made by text message on your smartphone. The  California Fair Political Practices Commission is behind a plan that would allow such contributions by the 2012 elections. Approval is expected by October.

The hope is that this will allow for small donations and widen the number of people who are engaged in the political process. Last December, the Federal Election Commission rejected a similar plan for federal campaigns.

Here is a Capital Public Radio recording of Commission Chair Ann Ravel talking about the idea and what regulations would need to accompany it.

Today’s San Francisco Chronicle offers “Calif. poised to OK political donations via text,” by Carla Marinucci.

With social media platforms such as Twitter and FaceBook accepted as valuable and almost necessary platforms to be utilized by politicians during their campaigns for office, could online coupon providers such as Groupon be the next online resource to be considered by public officials?

In June, Massachusetts state Representative Dan Winslow sought approval to use Groupon for a campaign fundraiser that would allow a certain number of supporters the chance to attend the $100 per person fund-raiser with just a $25 coupon.

Winslow sought an opinion on his proposal from the state Office of Campaign and Political Finance, and it was approved Monday, July 25th. Winslow is going ahead with the plan for a Sept. 20 fund-raiser at Boston’s Battery Park Bar & Lounge. Instead of Groupon, he’ll be going through the similar-but-Massachusetts-based GoodTwo.com.

Winslow’s innovative thinking has called into attention this new potential relationship between online coupon providers and politicians. Read the full article: “Massachusetts Pol Grouponomizes Campaign Finance“.

The North Carolina General Assembly adjourned the special session concerning redistricting on Thursday, July 28, 2011.

During the session, the redistricting process for the state was completed.

Further, five of Governor Beverly Perdue’s vetoes were overridden.

The Legislature is expected to convene another special session on Monday, September 12, 2011.

Photo of the North Carolina State Legislative Building by Jayron32 on Wikipedia.

Santa Clara Superior Court Judge James P. Kleinberg has issued a proposed decision striking down a San Jose law that bars campaign contributions to candidates during the 17 days leading up to an election.

The proposed decision will be finalized in August.

Federal:

Crossroads GPS, Priorities USA Violate Tax Laws, Reform Groups Allege in IRS Petition

Oregon Congressman, Named in Sex Case, to Resign

From the States and Municipalities:

Alabama

Bob Riley’s PAC Admits Taking PAC-to-PAC Donation in Violation of Law Riley Pushed

California

Judge Ready to Strike down San Jose Law Barring Last-Minute Campaign Contributions

District of Columbia

D.C. Council Member Thomas to Repay D.C. $300,000

Florida

Judge Hears Challenge to Florida Campaign Law

Florida

Press Group in Talks to Take Over State Lobbyist Registration

Georgia

Ethics Commission Could See Major Reorganization

Illinois

Emanuel Ethics Reforms Back on Track at City Council

Massachusetts

GOP’s Winslow Uses On-line Coupon to Promote Fundraiser

New York

Brooklyn Borough President Marty Markowitz Fined $20,000 for Taking Free Foreign Trips for His Wife

Rhode Island

Twenty Politicians Owe $800,000 in Election Fines

Tennessee

Some Advocacy Avoids Tennessee Lobbying Label

Virginia

For Virginia Companies, Campaign Donations to Lawmakers Just another Cost of Doing Business

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.

We now provide information on lobbying, political contributions, and procurement lobbying for:

Elizabeth, New Jersey

Eugene, Oregon

Lakewood, Colorado

When Americans feel that politicians aren’t doing an adequate job, what’s the popular response? To create political cartoons of course!

This week’s Highlighted Site Of The Week is The Association of American Editorial Cartoonists.

AAEC provides cartoons for you no matter what your party affiliation with a balance of cartoons poking fun at Democrats and Republicans alike.

With the current stand off between Republicans and Democrats about the budget and debt ceiling crisis, the political cartoonists of AAEC have taken advantage of the material provided to them. At least something entertaining can be created from the gridlock in the Capitol.

Browse through the numerous political cartoons submitted by day, filtering them by National & International or State & Local.

One of my favorite cartoons was this one.

Enjoy and have a great weekend!

On July 28, 2011 the Chicago City Council passed a new ethics reform ordinance. The ordinance is part of Mayor Rahm Emanuel’s efforts to provide more government transparency.

The new ordinance includes five key provisions. First, it creates a searchable online system for lobbyist registration and reporting. Second, it adds the term “lobbyist” to the group of people subject to the $50 gift restriction per single non-cash gift and $100 aggregated gift limit per each calendar year. Third, the new ordinance prohibits city employees, officials, or their businesses from applying for or receiving loans from lobbyists.

Fourth, the ordinance amends the semi-annual lobbyist activity report form to require lobbyists to disclose all campaign contributions to city elected officials and city employees running for office. Lastly, the ordinance codifies the revolving door provision created by Mayor Emanuel’s May 16, 2011 executive order.

Photo of the Chicago River by Robert S. Donovan on Wikipedia.

Twitter “Office Hours” is the newest addition to the White House’s recent utilization of social media in order to connect to the public.

Similar to President Obama’s Twitter town hall, participants can ask a question by including the hashtag #WHChat with their tweets. Replies to questions will come from the @whitehouse Twitter account.

The first of 6 planned sessions was Tuesday, July 26 at 5 PM EDT. After each session, the White House will post a “transcript” of the chat on its blog.

As could be expected, most questions asked were relating to the budget and raising the debt ceiling.

Read the full article titled “White House staff holds Twitter ‘Office Hours’” on NextGov.com.

U.S. Representative Anna G. Eshoo has sent a letter to President Obama in support of a proposed executive order requiring federal contractors to disclose their political expenditures. The letter was signed by more than sixty members of the House.

In part the letter reads, “[D]isclosure will not politicize the procurement process–it will improve it. Political expenditures are already well-known to those that make them and to the officials who benefit. With disclosure, the public will have access to this information as well, allowing them to judge whether contracts were awarded based on merit.”

The proposed executive order has received both support and opposition since its leak in the spring, and even sparked a house committee hearing in May.

For previous articles on Lobby Comply by George Ticoras on this topic, you can read posts from June 1, May 20, May 12, and May 10.