Q. For a number of years, our association has hired outside lobbying firms to lobby on our behalf. I was under the impression that because they registered and reported their lobbying activities for us, we didn’t need to register. Based on a recent conversation, I understand this may not be the case and we may need to register the association itself as a federal registrant. Can you tell me the guidelines in this regard?

A. Thanks for your question. This is a consideration that can often be overlooked when determining the need to register at the federal level. There is no specific exception outlined in the registration requirements that would negate an organization from having to register if it hires outside consultants that registers and reports their activity on behalf of their client. Essentially, if your organization meets the three registration thresholds, you need to register without regard for whether your outside consultants are also registered. The three criteria are:

1. An organization must have at least one employee who spends 20 percent or more of his or her time engaged in lobbying activities. This includes time working and coordinating with your consultant about your lobbying initiatives and also includes background work done in association with a lobbying effort;
2. That same employee must have two or more lobbying contacts. There is no time frame in which the two contacts have to occur. The two contacts could be a year apart from each other but once the second contact has been made, this threshold has been satisfied; and
3. An organization must spend $12,500 or more on lobbying activity during a three month period. Expenditures include payments made to outside consultants and membership organizations that are allocated toward lobbying efforts. In addition, compensation, expenses, and overhead associated with any and all lobbying activity that is occurring within the organization must be calculated for purposes of determining if this threshold has been met.

If your association meets these three requirements, you need to register and begin reporting your internal activities on a quarterly basis. Your outside consultants will also continue to report the activity in which they engage on your behalf.

You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: experts@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.

Massachusetts state Sen. Michael Brady has introduced legislation proposing state municipalities require lobbyist registration and reporting. If passed, municipalities would be allowed to opt into the law’s requirements after approval by vote of the local governing body. According to Brady, as reported in the Patriot Ledger, the legislation is modeled after the state lobbying law and creates new categories for governing municipal agents and municipal lobbying. Registration, costing $100 a year, would be required for compensation for lobbying of over $2,500 per year. Municipal clerks would administer registration and reporting requirements, with enforcement handled by the Office of the Secretary of State.

Meanwhile, on February 29, House Speaker Robert DeLeo announced a plan to create a task force to review the state’s ethics laws, according the Sentinel & Enterprise. DeLeo would like any task force recommendations to be considered during this year’s legislative session.

Gov. Martinez has signed legislation designed to standardize electronic reporting for candidate, lobbyist, and political committee filings. Intended to increase transparency and make it easier to access public records, House Bill 105 creates an electronic database that will be searchable, contain cross-references, and allow the public to download records for their own analysis.

The bill also requires lobbyists to notify the state of amended filings or termination of the lobbyist’s employment within one week of the occurrence. Additionally, the bill changes reporting dates from May 1 to the first Wednesday after the first Monday in May, and adds a reporting date of the first Wednesday after the first Monday in October.

The bill also requires individuals receiving contributions reported by lobbyists to receive automatic electronic notice of the contributions within 24 hours of the lobbyist’s filed report.

Portions of the bill will go into effect on July 1, 2016, with the remaining provisions effective as of December 15, 2017.

National:

Political Polarization? It’s Not Just in Washington
Boston Globe – Jill Ramos | Published: 2/19/2016

Political scientists at the Massachusetts Institute of Technology have measured for the first time the relative liberalism or conservatism of all 50 states by examining a host of policies from the past eight decades. The study shows state policies across the country became more liberal between the 1930s and 1970s, and then stopped. In more recent years, overall economic policies have been constant, but social policies have become more liberal. The findings also confirmed what might have been suspected for some time: that over the past 20 years, states have become more politically polarized, not just in voting for president or members of Congress but also in state-level policies.

Univision Aims to Make Hispanic Voting Bloc Even More Formidable
New York Times – Nick Corasaniti | Published: 2/22/2016

Univision, including its top-rated Spanish-language network and many subsidiaries, is making an ambitious nationwide effort aimed at registering about three million new Latino voters this year, roughly the same number who have come of voting age since 2012. The initiative will entail an aggressive schedule of advertisements on all of Univision’s video and digital platforms. Station managers will exhort their audiences in old-fashioned editorials, a comprehensive online voter guide will be updated throughout the election season, and the media company will use the kinds of grassroots organizing events usually staged by candidates to try to turn its viewers into even more of a powerhouse voting bloc than it already is.

Federal:

Bernie Sanders, as Secular Jew, Leaves Religion in Background
New York Times – Joseph Berger | Published: 2/24/2016

The secular image that Bernie Sanders casts is complicating the way American Jews regard the historic nature of his candidacy. When Joseph Lieberman, an Orthodox Jew who spurned campaigning on the Sabbath, was Al Gore’s vice-presidential running mate in 2000, many Jewish voters saw it as a breakthrough. While Sanders’ surprising run for even higher office is eliciting many strong emotions, religious pride is usually not the main one.

Democratic Party Fundraising Effort Helps Clinton Find New Donors, Too
Washington Post – Matea Gold and Tom Hamburger | Published: 2/20/2016

Campaign officials for Hillary Clinton last summer urged state officials to sign on to an ambitious fundraising endeavor that would allow Clinton’s presidential bid, the Democratic National Committee, and the state parties to collect and share contributions from wealthy donors. A record 32 state parties signed on to the fund, allowing the committee to solicit donations 130 times greater than what a supporter can give to Clinton’s campaign for the primary. But the states have yet to see a financial windfall. Meanwhile, Clinton’s campaign has been a major beneficiary, getting an infusion of low-dollar contributions through the committee. The early, expansive use of a jumbo-size joint fundraising committee shows how the Clinton campaign has worked to maximize donations from wealthy supporters, seizing on rules loosened by the U.S. Supreme Court.

Fall of the House of Bush: How last name and Donald Trump doomed Jeb
Washington Post – Ed O’Keefe, Dan Balz, and Matea Gold | Published: 2/21/2016

Jeb Bush dropped out of the presidential race, ending a quest for the White House that started with a war chest of $100 million, a famous name, and a promise of political civility but concluded with a humbling recognition: in 2016, none of it mattered. No single candidacy this year fell so short of its original expectations. It began with an aura of inevitability that masked deep problems. The campaign had rested on a set of assumptions that, one by one, turned out to be incorrect: that the Republican primaries would turn on a record of accomplishment in government; Bush’s cerebral and reserved style would be an asset; and a country wary of dynasties would evaluate this member of the Bush family on his own merits.

Shuster Lounges Poolside with Airline Lobbyists as He Pursues FAA Bill
Politico – Anna Palmer, Jake Sherman, and John Bresnahan | Published: 2/23/2016

Nick Calio, head of the nation’s top airline trade group, Airlines for America, testified before U.S. Rep. Bill Shuster’s House Transportation and Infrastructure Committee recently. The topic was a top priority for both men: a bill to overhaul the Federal Aviation Administration, most controversially by putting air traffic control in the hands of an entity favorable to the airlines. Two days later, Shuster’s committee approved the measure. The week after that, he and Calio traveled to Miami Beach with Shelley Rubino, an Airlines for America vice president who is Shuster’s girlfriend. The three lounged by the pool and dined together during festivities tied to U.S. Rep. Mario Diaz-Balart’s annual weekend fundraising trip. It is the most recent example of Shuster’s cozy relationship with the powerful airline association. His panel has jurisdiction over the $160 billion U.S. airline industry.

From the States and Municipalities:

California – Former State Sen. Leland Yee Sentenced to Prison
San Jose Mercury News – Howard Mintz | Published: 2/24/2016

Former California Sen. Leland Yee was sentenced to five years in prison after admitting he accepted bribes from undercover agents posing as campaign donors. He pleaded guilty to one count of conspiracy to engage in racketeering, which was filed as part of an organized crime investigation in San Francisco’s Chinatown that led to charges against more than two dozen people. Yee acknowledged accepting $11,000 in exchange for setting up a meeting with another state senator and $10,000 for recommending someone for a grant. He also discussed helping an undercover FBI agent buy automatic weapons from the Philippines that were intended to be brought to the U.S. for distribution.

Kansas – Want to Vote in This State? You Have to Have a Passport or Dig Up a Birth Certificate.
Washington Post – Sari Horwitz | Published: 2/19/2016

National attention on voting rights has mostly focused on whether new voter-identification laws in states such as North Carolina and Texas will disenfranchise minority voters. But there is a battle unfolding in Kansas over who can register to vote in the first place. Election-law experts say what happens here could have ramifications for voting throughout the country during a pivotal presidential election year. The American Civil Liberties Union sued Kansas, saying thousands of state residents are “trapped in limbo” because of the requirement that Kansans who register to vote have to show documents, such as a birth certificate or a passport, proving they are citizens.

Maine – After Legislative Raids and Funding Delays, Maine’s Public Campaign-Finance Money Could Run Out
Portland Press Herald – Steve Mistler | Published: 2/23/2016

Maine’s public campaign finance system could run out of money as state lawmakers have repeatedly raided the fund for other purposes. Jonathan Wayne, the executive director of the state ethics commission, told the Legislature’s budget writing committee that lawmakers have withdrawn around $12 million from the clean elections fund since 2002. Wayne also said the Legislature had returned $5.6 million to the voter-approved program, but that was not enough to offset the decline in funds. Supporters of the program also blame Gov. Paul LePage for withholding $1 million that was supposed to go the fund. The additional funding was included in the 2015 referendum that boosted the annual allocation to the program.

Massachusetts – Walsh Files Municipal Lobbying Legislation
Boston Globe – Mark Arsenault | Published: 2/25/2016

Boston Mayor Martin Walsh filed a home rule petition that would force city lobbyists to register and publicly report their efforts to influence public policy. It requires approval by the city council and then the Massachusetts Legislature. The proposal is based on existing lobbying rules for state government, Walsh said. He wants to get it through the Legislature this session. If the plan wins approval, municipal lobbyists in Boston would be required to file reports twice a year declaring their campaign contributions, the names of their clients, the legislation or policy decisions they had tried to influence, and the political positions for which they advocated. Lobbyists would also be required to report the pay they received from each lobbying client, as well as the dates of “lobbying communications” with public officials.

Mississippi – Elected Officials Use Campaign Finds for Private Gain in Mississippi
The Sun-Herald – Geoff Pender, Mollie Bryant, and Katie Royals (Jackson Clarion-Ledger) | Published: 2/22/2016

For many Mississippi politicians, campaign funds have become personal expense accounts or a second income, potentially tax free. The spending is largely paid for by lobbyists and special interests doing business with state government. They otherwise would not be allowed to lavish cash, gifts, or a second income on politicians. Campaign funds are shielded from taxes, ethics, and other laws because they are ostensibly to be used only for campaigning and records of them are ostensibly open to the public. Most states and the federal government, in efforts to reduce the corrosive influence of money in politics, have stringent reporting requirements. Mississippi does not. Most states also have prohibitions against personal spending of campaign money. In Mississippi, the practice is common.

Missouri – Some Question the Limits to Legislating the Missouri Legislature
St. Louis Public Radio – Jason Rosenbaum | Published: 2/24/2016

The Missouri House this year embarked on an ethics overhaul buoyed by the resignations of Reps. John Diehl and Paul LeVota, who stepped down amid accusations of inappropriate behavior toward female interns. Once the session began, the House quickly passed bills that would curb lobbyist gifts and slow down the transition between legislating and lobbying. But some lawmakers have questions about whether these reform initiatives will change a Legislature whose reputation has increasingly declined. They point out the scandals in question involved male lawmakers sexually harassing female interns, conscious choices that do not have much to do directly with lobbyist gifts or influence.

New Hampshire – N.H. Campaign Finance Lapses Go Unnoticed
Concord Monitor – Allie Morris | Published: 2/20/2016

A bill in New Hampshire would bar lawmakers from accepting campaign donations from lobbyists and block legislators from becoming registered lobbyists immediately after leaving office. It is not yet clear what lawmakers will do with the bill. But before they seek to put more regulations in place, a recent report shows they could be better served focusing on enforcing the ones that already exist. The Center for Public Integrity found campaign finance violations in New Hampshire can go largely unnoticed. The center cited a 2013 report that showed the state attorney general’s office regularly reviewed complaints regarding election violations and voter fraud, but investigated just one complaint out of 40 that dealt with campaign finance.

New Jersey – Birdsall CEO Pleads Guilty in Huge N.J. Pay-to-Play Scheme
Newark Star Ledger – S.P. Sullivan (NJ Advance Media) | Published: 2/18/2016

The former chief executive of a politically connected engineering firm has admitted to his role in a $1 million scheme to get around New Jersey’s “pay-to-play” laws. Howard Birdsall pleaded guilty to corporate misconduct. He ran Birdsall Services Group before investigators found the company disguised illegal corporate political contributions as personal donations from employees. The firm would have been disqualified from public contracts if made contributions to campaigns and political organizations in its own name. The state will recommend that Birdsall be sentenced to four years in state prison. He must also pay nearly $50,000. That is the amount of political donations he made that were reimbursed by the firm.

Virginia – No Rules Means No Accountability for Virginia Campaign Funds
ABC News – Alan Suderman (Associated Press) | Published: 2/19/2016

Records show the businesses that lobby Virginia politicians are also subsidizing meals at fancy restaurants, stays in the finest hotels, and personal expenses like gas and cellphone bills through campaign donations. Compounding the issue is the fact that lawmakers seldom face serious challenges; only a handful of races were seriously contested in 2015, and not a single incumbent lost in the general election. That means politicians who run up huge fundraising accounts to scare off challengers do not have to spend the money on campaigning.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

Boston Mayor Martin J. Walsh has filed a home rule petition with the City Council to establish a lobbying law for the city.

The proposal, filed with the council on February 1, requires lobbyist to register annually with the city by December 15 of each preceding year. The annual registration fee will be $1,000 for a lobbyist entity, and $100 for clients and lobbying agents. A lobbying agent is defined in the petition as “a person who for compensation or reward engages in a least one lobbying communications with a city employee.”

Activity reports are due twice a year, on January and July 15, and must include campaign contributions, client identification, “names of pieces of legislation or the decisions of the city employees” attempted to be influenced, statements of the lobbying agent’s position on the legislation or decision, the lobbyist’s compensation, and the dates of all lobbying communications.

The petition is based on the state’s lobbying law, the Boston Globe reports the mayor has said. According to the Globe, City Councilor Michael F. Flaherty Jr. said, “Let’s eliminate the hocus-pocus that used to permeate every corner of City Hall, where projects and petitions lived or died on who you knew and who you hired.”

If the home rule petition is passed by the City Council, it must then be approved by the state Legislature to become law because it includes financial penalties for lack of compliance.

Photo of Boston Mayor Marty Walsh by David Parsons on Wikimedia Commons.

Lobbying

Kentucky: “Drug Company Lobbying Has Doubled In Kentucky in Recent Years” by James McNair for Kentucky Center for Investigative Reporting

Missouri: “Missouri Senate Backs End to Lobbyist-Catered Group Events” by Summer Ballentine (Associated Press) for digitalBURG.com

Campaign Finance

Arizona: “Senate Panel Advances Bill to Overhaul Campaign Finance Laws” by Ryan Van Velzer (Associated Press) for Arizona Daily Star

Maine: “After Legislative Raids and Funding Delays, Maine’s Public Campaign-Finance Money Could Run Out” by Steve Mistler for Portland Press Herald

West Virginia: “House Passes Bill to Shine Light on Fundraisers during Legislative Session” by Eric Eyre for Charleston Gazette

Ethics

“How America Became the Love Child of Kim Kardashian and Donald Trump” by Lynn Stuart Parramore for Reuters

California: “Former State Sen. Leland Yee Sentenced to Prison” by Howard Mintz for San Jose Mercury News

Missouri: “Some Question the Limits to Legislating the Missouri Legislature” by Jason Rosenbaum for St. Louis Public Radio

Texas: “Texas Court Drops Criminal Case against Rick Perry” by Manny Fernandez for New York Times

Wisconsin: “Wisconsin GOP Secretary Is 1st Appointee to New Ethics Board” by   for Minneapolis Star Tribune; Associated Press

Elections

“Bernie Sanders, as Secular Jew, Leaves Religion in Background” by Joseph Berger for New York Times

Procurement

Florida: “Broward Health Probe Looks at Advertising Contract” by David Fleshler for South Florida Sun Sentinel

Lobbying

North Carolina: “Lobbyist and Employee Help with Work at NC Speaker’s Condo” by Dan Kane for Raleigh News & Observer

Campaign Finance

District of Columbia: “D.C. Attorney General Seeks to Ban PACs Like The One That Benefited Mayor” by Aaron Davis for Washington Post

Montana: “Emails Show Bullock’s Office Quietly Influenced ‘Dark Money’ Rules” by James DeHaven (Helena Independent Record) for Montana Standard

New Hampshire: “N.H. Campaign Finance Lapses Go Unnoticed” by Allie Morris for Concord Monitor

Virginia: “No Rules Means No Accountability for Virginia Campaign Funds” by Alan Suderman (Associated Press) for ABC News

Washington: “State Asks Judge to Fine Grocery Group in 2013 Ballot Fight” by Phuong Le (Associated Press) for Raleigh News & Observer

Ethics

Massachusetts: “Political Polarization? It’s Not Just in Washington” by Jill Ramos for Boston Globe

Mississippi: “Bribes ‘Cost of Doing Business in Mississippi’ Says Consultant Who Pleaded Guilty” by Anita Lee for The Sun-Herald

Elections

Kansas: “Want to Vote in This State? You Have to Have a Passport or Dig Up a Birth Certificate.” by Sari Horwitz for Washington Post

New York: “Specter of Corruption Hangs over Special Elections for Legislature” by Vivian Yee for New York Times

North Carolina: “Supreme Court Won’t Intervene in North Carolina Election Fight” by Richard Fausset for New York Times

State and Federal Communications hosted the first of a series of free government relations compliance webinars for 2016. President and CEO Elizabeth Bartz and Amber Fish Linke, Director of Client and Product Operations, presented the widely attended “Lobbying Compliance at the State Level” webinar on Wednesday, February 17, 2016. If you are interested in participating in our future webinars, contact us at training@stateandfed.com!

The number of municipalities and regional governments our research associates track continues to grow. We now cover almost 300 municipalities and local governments. This is part of a continuous effort to better serve the needs of our clients.

In that effort, we have recently added abridged jurisdictions to our website. These entries, condensed due to the limited number of relevant local laws, provide the core information our clients need for their government relations work.

The new jurisdictions are:

                    Cedar Rapids, Iowa  

                    Merced County, California

National:

Sanders Supporters Like Chipotle, While Trump Fans Prefer Sonic
Bloomberg.com – Tim Higgins | Published: 2/18/2016

Consumer data have traditionally been used by campaigns to better understand where they should invest their ad dollars, or which potential voters and donors they should have volunteers call. Now, candidates are increasingly using the sentiment to figure out how to present themselves to voters. A survey by Resonate shows Bernie Sanders supporters are 82 percent more likely than the average American to eat at Chipotle, while Donald Trump fans are 111 percent more likely to grab a bite at Sonic. Marco Rubio’s backers are 141 percent more likely to have stayed at a Ritz-Carlton.

Snapchat Bets Big on Quick-Fire Approach to Campaign Coverage
New York Times – Nick Corasaniti | Published: 2/12/2016

Best known for photo and video messages that disappear soon after they are delivered, Snapchat is making a big bet by trying to break into the news business at a time when the industry is in turmoil. Developing a strategy for news coverage at a time when established newsrooms are struggling with the digital transition could be seen as a risky move, even for a booming technology company. But Snapchat has something that every other news organization is after: a loyal and active audience of more than 100 million users. Snapchat’s mission is to reinvent mobile storytelling through the most compelling and important story of the year – the presidential election – and it is already finding an audience, with more than one million viewers on every political story it has produced.

The Year of ‘Enormous Rage’: Number of hate groups rose by 14 percent in 2015
Washington Post – Niraj Chokshi | Published: 2/17/2016

For the first time in five years, the number of hate groups in the U.S. rose in 2015, according to a report from the Southern Poverty Law Center. Swelling numbers of Ku Klux Klan chapters and black separatist groups drove last year’s surge, though organizations classified as anti-gay, anti-immigrant, and anti-Muslim saw small increases, too. A creeping rhetoric of intolerance among politicians helped to normalize hate, the center argued. And while it singled out other presidential contenders, the center, which conservatives criticize for casting too wide a net, stated Donald Trump had “electrified the radical right.”

Federal:

Battle over Scalia’s Replacement Already Spilling into Senate Races
Washington Post – Steven Mufson and Juliet Eilperin | Published: 2/15/2016

Advocacy groups are gearing up for a fierce political fight over President Obama’s pick to fill the U.S. Supreme Court vacancy created by the death of Justice Antonin Scalia, and already the battle is spilling from the presidential campaign into some of the nation’s most hotly contested Senate races. Republicans have argued Obama should allow his successor to make the pick and they would block any attempt to confirm a new justice this year. One consideration that may force Republicans to recalibrate their strategy is the prospect of political damage to some of the embattled Senate incumbents up for re-election this fall. Democrats see a potential confirmation battle as an opportunity to put Republicans on the defensive and as a wedge issue that could help them retake control of the Senate.

Campaigns Secretly Prep for Brokered GOP Convention
Politico – Brett Schreckinger | Published: 2/15/2016

As Donald Trump and Ted Cruz divide up the first primaries and center-right candidates hammer one another in a race to be the mainstream alternative, Republicans are waging a shadow primary for control of delegates in anticipation of what one senior party official called “the white whale of politics”: a contested national convention. Should the first ballot fail to produce a nominee, the outcome of the convention will depend on results of the parallel primary now underway for the hearts and minds of delegates. Each state party has its own rules governing delegate selection, a process so steeped in nuance and legal ambiguity that there are multiple blogs dedicated to wading through it all.

DNC Rolls Back Restrictions on Lobbyist Donation
Washington Post – Tom Hamburger and Paul Kane | Published: 2/12/2016

The Democratic National Committee (DNC) has dismantled the last of its prohibitions on receiving contributions from lobbyists and PACs. The DNC opened the door to K Street donations earlier this summer, when it announced that lobbyists and corporate PACs would once again be allowed to contribute to the annual nominating conventions. With the DNC now accepting all lobbyist and PAC donations, it has reversed the policies that were adopted in 2008, when Barack Obama vowed to curb the influence of special interests in Washington.

Pope Francis Suggests Donald Trump Is ‘Not Christian’
New York Times – Jim Yardley | Published: 2/18/2016

Pope Francis suggested Donald Trump “is not Christian” because of the harshness of his campaign promises to deport more immigrants and force Mexico to pay for a wall along the border. Trump has also made inflammatory comments accusing Mexican immigrants of being rapists and criminals. Asked whether he would try to influence Catholics in how they vote in the presidential election, Francis said he “was not going to get involved in that” but then repeated his criticism of Trump, with a caveat. “I say only that this man is not Christian if he has said things like that,” Francis said.

From the States and Municipalities:

California – Coastal Chief’s Ouster Prompts Bill to Require Transparency between Lobbyists and Panel
Los Angeles Times – Dan Weikel and Tony Barboza | Published: 2/12/2016

Assembly members said they plan to introduce legislation to require people who lobby the California Coastal Commission to register with the state and disclose their clients with business pending before the land-use agency. Lawmakers contend the measure would close a loophole that exempts lobbyists on the commission level from reporting details of their activities to the public. They say their bill also would require lobbyists to report to the public the payments they receive from clients and how much they spend on lobbying for specific matters that come before the commission. Lawmakers said they are motivated by what they consider a lack of transparency surrounding the firing of commission Executive Director Charles Lester.

California – L.A. Ethics Commission OKs $47,000 in Fines for Lobbying Violations
Los Angeles Times – Emily Alpert Reyes | Published: 2/16/2016

The Los Angeles City Ethics Commission voted to fine two nonprofits more than $47,000 for failing to accurately report how much they had spent on lobbying. Both the Los Angeles Alliance for a New Economy and the Hospital Association of Southern California had registered employees with the city as lobbyists. Yet the two groups reported spending nothing on lobbying by those employees for years, even as they spoke up on a laundry list of issues at City Hall. The steeper fine imposed on LAANE – $30,000 for a dozen violations over three years – appears to be the highest for a lobbying violation that the Ethics Commission has ever imposed. The hospital group will pay $17,500.

Florida – Apopka’s Hired Lobbyist Not Registered to Lobby for City in 2014, 2015
Orlando Sentinel – Bethany Rodgers | Published: 2/11/2016

The city of Apopka paid $165,000 to Richard Anderson to lobby the state and federal governments on behalf of the city from late 2014 through 2015. But state records show there was no registered lobbyist for Apopka during that time period, either in Tallahassee or Washington, D.C. Anderson said he has not done any state or federal lobbying for Apopka because city officials never requested it. Dave Mica, chairperson of the Florida Association of Professional Lobbyists, said Anderson is not a member of his organization and declined to comment on Apopka’s situation. Mica said there are industry standards for lobbyists. “It’s stated in our code of ethics that all members should diligently and vigorously advance the interests of their client and employer,” Mica said.

Massachusetts – FBI, IRS Raid Canton Law Office of State Senator Brian Joyce
Boston Globe – Milton Valencia, Astead Herndon, and Andrea Estes | Published: 2/17/2016

The FBI and IRS raided the law office of Massachusetts Sen. Brian Joyce. A person familiar with the investigation said the raid stemmed from recent stories in The Boston Globe detailing several ways in which Joyce allegedly used his position as a senator to benefit himself and his law practice. He is already under investigation by the state Ethics Commission and recently settled allegations of improper use of his campaign fund with Office of Campaign and Political Finance. Jerry Richman said he gave Joyce free dry cleaning for more than a decade starting in 1997. Richman, who owned Woodlawn Cleaners until 2008, said Joyce brought in $50 to $100 worth of dry cleaning almost weekly for years and did not pay.

Michigan – Lansing Power Brokers: Law firms, others strengthen their lobbying corps
Crain’s Detroit Business – Lindsay Vanhulle | Published: 2/7/2016

Lobbying is not just the work of traditional multi-client firms in state capitals. Some law firms with offices in Michigan are hiring more in-house lobbyists or forming other partnerships to handle meetings with legislators, prepare testimony for committee meetings, and build the relationships needed to help swing the pendulum in favor of their clients. The investment in lobbying is not without its critics, but nontraditional shifts in hiring, and consultants who serve as these behind-the-scenes dealmakers and educators, are a trend as clients seek to save money on litigation or influence policy decisions. Another motivation is to educate existing staff on legislative issues of the day.

New Mexico – Ethics Bill Appears Dead after Sponsor Ends Support
Albuquerque Journal – Dan Boyd | Published: 2/16/2016

The New Mexico Legislature abandoned efforts to establish a state ethics commission this year that would oversee the conduct of public officials, lobbyists, and contractors. A proposed constitutional amendment to create an independent ethics agency died in a Senate committee after requests were made to rein in the authority of the agency. The plan was an ambitious component of reforms proposed in response to a campaign finance scandal last year that led the resignation and jailing of former Secretary of State Dianna Duran. The House had voted in favor of creating the ethics commission.

Utah – Free Lunches Becoming More Rare for Utah Legislators
Salt Lake Tribune – Lee Davidson | Published: 2/15/2016

Utah lawmakers’ schedules these days generally include fewer free-meal events sponsored by special-interest groups than they used to. Many groups hoping to lobby the Legislature en masse seem to be shifting away from time-consuming lunches and dinners to receptions where legislators can drop in briefly. A likely reason is the Legislature changed its pay structure a few years ago to eliminate what had been a financial incentive to accept free meals. With that gone, many now tend to value quick events that do not consume too much of their time. But so many free breakfasts, lunches, dinners, snack breaks, receptions, and family events still exist that questions arise about whether they allow wealthy special interests to buy extra access and, perhaps, influence.

Washington – State: Food industry lobby engaged in ‘egregious’ money laundering in 2013 vote
Seattle Post-Intelligencer – Joel Connelly | Published: 2/17/2016

Washington Attorney General Bob Ferguson alleges the Grocery Manufacturers Association (GMA) concealed the source of $11 million spent to fight a 2013 ballot initiative, and internal documents reveal how it was done. Ferguson is suing the GMA over a fund it set up to conceal food companies donating to the defeat of Initiative 522, which would have required labeling of all genetically engineered foods and seeds sold in Washington. Ferguson filed a suit against the GMA late in the campaign, after which the association agreed to register with the Public Disclosure Commission and provide information on donors, who turned out to be a “who’s who” of big food companies. The GMA decried what it called Washington’s “hopelessly vague disclosure law” and charged it “improperly burdens” the constitutional right of trade associations to participate in the state’s political process.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

Lobbying

California: “L.A. Ethics Commission OKs $47,000 in Fines for Lobbying Violations” by Emily Alpert Reyes for Los Angeles Times

Michigan: “Lansing Power Brokers: Law firms, others strengthen their lobbying corps” by Lindsay Vanhulle for Crain’s Detroit Business

New Mexico: “Ethics Commission Hits Dead End in Senate Panel” by Dan Boyd for Albuquerque Journal

Utah: “Free Lunches Becoming More Rare for Utah Legislators” by Lee Davidson for Salt Lake Tribune

Campaign Finance

Alaska: “North Slope Borough Mayor Charlotte Brower Pays $35,000 Campaign Fine” by Alex DeMarban for Alaska Dispatch News

Minnesota: “Minnesota Legislators Use Campaign Funds for Child Care, Pet Urns and Travel” by J. Patrick Coolican and Maya Rao for Minneapolis Star Tribune

Ethics

California: “Taking the Oath of Office Seriously to Fight Corruption in Southeast L.A. County” by Ruben Vives for Los Angeles Times

Ohio: “Convention Center Food Contract Prompts Criminal Investigation” by Lucas Sullivan for Columbus Dispatch

Elections

“Snapchat Bets Big on Quick-Fire Approach to Campaign Coverage” by Nick Corasaniti for New York Times

“Battle over Scalia’s Replacement Already Spilling into Senate Races” by Steven Mufson and Juliet Eilperin for Washington Post

“Campaigns Secretly Prep for Brokered GOP Convention” by Ben Schreckinger for Politico

Procurement

Texas: “Some Contractors Say New Texas Disclosure Law Confusing” by   for KXAN; Associated Press

Lobbying

Florida: “Lobbying firms pull in cash as year ends” by Jim Saunders in the Tallahassee Democrat

Hawaii: “Lobbying Law Proposed For Kauai” by Chad Blair in the Honolulu Civil Beat

Idaho: “Bill would make university, state agency lobbyists report their spending” by Betsy Russell in the Spokesman Review

New Hampshire: “Political Wrangling Over ‘People’s Pledge’ in New Hampshire” by Simone Pathé in Roll Call

New Mexico: “Campaign finance fix bill triggered by KOB investigation 1 step away from clearing legislature” by Ryan Luby in KOB 4

Ethics

New Mexico: “Ethics commission proposal faces scrutiny in Senate panel” by Dan Boyd in the Albuquerque Journal

Virginia: “Senators vote to undo parts of ethics reform law” by Jim Nolan in the Richmond Times-Dispatch

Elections

“DCCC Names First 16 Candidates to ‘Red to Blue’ Program” by Simone Pathé in Roll Call

Florida: “With Safe Districts Gone, Two Florida Lawmakers Taking Their Time on 2016 Decision” by Eli Yokley in Roll Call

Ohio: “Bill would ban switching political parties in Ohio primary elections” by Robert Higgs in the Plain Dealer

Procurement

Texas: “Some contractors say new Texas disclosure law confusing” by The Associated Press in KXAN

Legislative Issues

Alaska: “Longtime Alaska Lawmaker Max Gruenberg Dies” by Nathaniel Herz in Governing

Arizona: “Arizona lawmakers seek ability to more easily overturn ballot measures” by Howard Fischer in the Daily Courier

National:

Amid Federal Gridlock, Lobbying Rises in the States
Center for Public Integrity – Liz Essley White and Ben Weider | Published: 2/11/2016

The number of business and interest groups lobbying in state Capitols has risen nearly 11 percent in recent years as organizations have shifted some efforts away from the stalemates in Washington, D.C. to statehouses, which are more apt to act on key policy initiatives, according to a new study. The Center for Public Integrity found 101 businesses, associations, or interest groups had lobbyists in at least two-thirds of the states between 2010 and 2014. That includes 21 entities registered to lobby in every state at some point during that period.

Michele Fiore, the Gun-Toting, Calendar-Posing Politician Who Negotiated the Ore. Occupiers’ Surrender
Washington Post – Michael Miller | Published: 2/11/2016

The remaining occupiers of Malheur National Wildlife Refuge in Oregon tentatively agreed to turn themselves in, largely thanks to Nevada Assemblyperson Michele Fiore’s intervention. Fiore acted as act as the de facto negotiator for the occupiers, at times agreeing with their radical views and at others, calming them down. If the standoff ends peacefully, Fiore will emerge as the most unlikely of saviors. The brash lawmaker is one of the most colorful, controversial political people in the country.

Federal:

IRS Grants Long-Delayed Tax Exempt Status to Crossroads GPS
Politico – Kenneth Vogel | Published: 2/9/2016

Karl Rove’s Crossroads GPS has been granted tax-exempt “social welfare” status. After deliberating for more than five years, the IRS sent a letter to Crossroads GPS in November telling the group that it qualifies under section 501(c)4 of the tax code that allows it to raise and spend unlimited amounts of money while keeping its donors’ identities secret. During the 2012 election cycle, Crossroads GPS technically abided by the social welfare requirement, reporting it spent only 39 percent of its total $189 million spending on “direct political activities.” But millions of the non-political expenditures involved issue advocacy without expressly advocating for or against a candidate. Campaign finance reformers are incensed by the decision, which they believe validates “dark money” spending on a huge scale.

Line Blurs Between PR, Lobbying
The Hill – Megan Wilson | Published: 2/9/2016

Many on K Street say that offering public relations services has become a necessity in an era when controlling the media message is just as important to clients as cultivating relationships, especially with the explosion of information online. “I think lobbying is changing,” said lobbyist Steve Elmendorf. “People realize that decision makers get their information in so many different ways than they used to, and there are more channels of information. You need to do more than just [direct] lobbying.”

The Politico 100: Billionaires dominate 2016
Politico – Kenneth Vogel and Isaac Arnsdorf | Published: 2/6/2016

The 100 biggest donors of 2016 election cycle have spent $195 million trying to influence the presidential election, more than the $155 million spent by the two million smallest donors combined. The analysis found the leading beneficiaries of checks from the top 100 donors were Jeb Bush’s floundering campaign for the Republican nomination, Democratic frontrunner Hillary Clinton, and Ted Cruz’s insurgent GOP campaign. The intensifying courtship of ultra-rich political partisans, which is occurring in private on both sides of the aisles in luxury resorts and phone calls, stands in contrast to the public discussion on the campaign trail, which is dominated by the concerns of the lower- and middle-class just struggling to get by.

From the States and Municipalities:

California – Two Nonprofits Face More Than $47,000 in Fines over L.A. Lobbying Forms
Los Angeles Times – Emily Alpert Reyes | Published: 2/10/2016

Los Angeles Ethics Commission staffers have proposed a fine of $30,000 for the Los Angeles Alliance for a New Economy (LAANE) and $17,500 for the Hospital Association of Southern California for not properly reporting their lobbying at City Hall. The Los Angeles Times reported a year ago that LAANE had failed to fill out key parts of city forms that are supposed to publicly reveal its lobbying activities. Several of its employees had registered as lobbyists, but the nonprofit did not report any payments to those employees or any related expenses for years at a time. Nor did LAANE report any issues that its employees were lobbying about. Commission investigators found similar gaps in the lobbying forms filed by the Hospital Association of Southern California.

Florida – Manatee Judge John Lakin Says Inexperience Led Him to Take Baseball Tickets
Bradenton Herald – Kate Irby | Published: 2/8/2016

Facing possible disciplinary action by the Florida Supreme Court, a Manatee County circuit judge has apologized for using Tampa Bay Rays tickets supplied by a firm with a case pending in his court. Judge John Lakin acknowledged violating canons of judicial conduct but denied baseball tickets influenced his decision in the case. A notice of formal charges says Lakin in June presided over a personal injury case in which a client of the firm Kallins Delgado & Little sued Wal-Mart. A jury found Wal-Mart was not liable, and a day later, Lakin’s judicial assistant contacted the firm about tickets for a Rays game. Lakin used two tickets and did not advise Wal-Mart’s attorneys, despite the case not being final. In August, Lakin issued an order setting aside the jury’s verdict and granting a new trial.

Hawaii – ‘Good Government’ Measures Take another Go at Hawaii Lawmakers
Honolulu Civil Beat – Nathan Eagle | Published: 2/10/2016

Watchdogs in Hawaii have championed ethics reform legislation for years, along with the state ethics and campaign spending commissions. But the Legislature often balks, and in some cases even works contrary to them. It is early yet in the 2016 session, which runs until May. Many reform measures are still alive, and a handful are moving forward. In a few instances, bills that stalled last year have been resurrected.

Maine – Why it’s Hard to Figure out Who’s Influencing Maine Lawmakers
Bangor Daily News – Darren Fishell | Published: 2/10/2016

For the 50 lobbyists in Maine who spent the most in 2015, The Bangor Daily News attempted to link together what those entities spent with the legislation they sought to influence and what has, so far in this ongoing session, happened with those bills. It is an exercise the state ethics commission also is going through as it prepares for another update to its website that Jonathan Wayne, the agency’s executive director, said will bring “significant improvements in the next year.” Maine has a relative abundance of information about lobbying activity, albeit self-reported and unaudited. The problem is presenting that information in a way that is understandable.

Michigan – Judge Puts Michigan ‘Gag Order’ Election Law on Hold
Detroit Free Press – Kathleen Gray and Lori Higgins | Published: 2/5/2016

A federal judge has put a temporary stop on a controversial part of a recently passed campaign finance bill. Senate Bill 571, which included significant changes in Michigan’s election law, contained a provision prohibiting the use of public resources by public entities such as schools and libraries in the 60 days before an election. The provision was found to be unconstitutionally vague by the judge, as it did not clarify what was permissible. While several bills to fix the provision have subsequently been introduced, it is likely none of them will be passed by the upcoming March 8 election.

New Hampshire – Sanders Defeats Clinton in Decisive New Hampshire Primary Victory
Washington Post – John Wagner and Anne Gearan | Published: 2/9/2016

U.S. Sen. Bernie Sanders notched his first win of the 2016 presidential race, defeating Hillary Clinton in the New Hampshire Democratic primary by a large margin. The win for Sanders amounted to a forceful rejection of Hillary Clinton, who has a deep history with New Hampshire voters and offered policy ideas that seemed to reflect the politics of the state. But Sanders, who has proposed an emphatically liberal agenda, drew support from a wide cross-section of voters, even edging her out among women, boosted by his appeal among the young. The outcome provides a fresh burst of momentum for Sanders in a race that will soon broaden to more challenging terrain and that is widely expected to grow more combative as Clinton tries to regain her footing.

New Hampshire – Trump Notches an Easy Victory in New Hampshire’s Republican Primary
Washington Post – Philip Rucker and Robert Costa | Published: 2/10/2016

Donald Trump won the New Hampshire Republican presidential primary by a decisive margin, claiming his first victory of the 2016 campaign and leaving the rest of the GOP field as murky as ever. Trump, whose blunt language and outsider image have electrified many Republicans, benefited from an unusually large field of candidates that split the vote among traditional politicians like Ohio Gov. John Kasich, who finished second, and Jeb Bush. Trump also galvanized voters with a visceral fixation on immigration and economic populism, affirming that even after the setback in the Iowa caucuses, his candidacy has genuine appeal with the GOP base as well as with the independent voters who were part of his winning coalition.

New York – Ethics Watchdog Clarifies Expanded Lobbying Definition
Albany Business Review – Marie French | Published: 2/5/2016

The New York Joint Commission on Public Ethics released answers to a list of frequently asked questions concerning a recent advisory opinion requiring the disclosure of more activities by political consultants that could be considered lobbying. Public relations firms are concerned about wording that could pull in activity ranging from talking with editorial boards to training sessions on how to advocate. Some have publicly declared they will not comply and questioned the rules’ clarity.

Ohio – Cleveland Council Approves Higher Caps on Campaign Donations
Cleveland Plain Dealer – Leila Atassi | Published: 2/8/2016

The Cleveland City Council voted to raise campaign contribution limits in mayoral races to $5,000 from an individual and $7,500 from PACs. Donations to council candidates will be capped at $1,500, with PACs donating up to $3,000. Council President Kevin Kelley, who sponsored the ordinance, has argued that increasing the limits could help newcomers run more robust campaigns against incumbents. But several council members said the legislation does nothing but widen the gap between incumbents and new candidates, setting up well-entrenched politicians to collect almost ten times more from their wealthiest donors.

Texas – FBI Arrests Nearly All The Top Officials of Crystal City, Tex.
Washington Post – Sarah Kaplan | Published: 2/8/2016

Federal agents arrested five current and former Crystal City officials – the mayor, city manager, mayor pro tempore, one of three current council members and a former councilperson – on bribery and kickback charges after a long-running public corruption probe in the low-income South Texas city. Long-suffering residents last year tried to recall three of those charged. How the city will function with only one city council member, Joel Barajas, not under federal indictment remains to be seen. The fifth council member, Marco Rodriguez, was charged recently with human smuggling in an unrelated case.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

Lobbying

Maine: “Why it’s Hard to Figure out Who’s Influencing Maine Lawmakers” by Darren Fishell for Bangor Daily News

Campaign Finance

“Bernie Sanders’s Fundraising Prowess Boosts His Post-New Hampshire Efforts” by Matea Gold and John Wagner for Washington Post

Ethics

Arizona: “Phoenix City Council Advances Ethics Policy after 3 Years of Talks” by Dustin Gardiner for Arizona Republic

Hawaii:”‘Good Government’ Measures Take another Go at Hawaii Lawmakers”  by Nathan Eagle for Honolulu Civil Beat

Kentucky: “Bevin’s Proposed Budget Cuts Threaten Watchdog Agencies, Elections” by Nick Storm for cn/2

New Mexico: “New Mexico House Approves Ethics Commission Plan” by Morgan Lee (Associated Press) for Albany Times Union

“Ethics: Former House Speaker Harrell must pay $113,500” by Seanna Adcox (Associated Press) for The Island Packet

Elections

“How a Debate Misstep Sent Marco Rubio Tumbling in New Hampshire” by Jeremy Peters and Michael Barbaro for New York Times

“Fiorina Suspends Republican Presidential Campaign” by Jenna Johnson, Abby Phillip, and Robert Costa for Washington Post

“Chris Christie Plans to Drop out After New Hampshire Flop” by Alexander Burns and Maggie Haberman for New York Times