Only lobbyists in Alaska who are constituents in a state candidate’s newly certified district may donate to a candidate’s campaign, an Advisory Opinion from the Alaska Public Offices Commission has declared.

Because a lobbyist residing in a candidate’s district may contribute to a candidate, Representative Bob Lynn requested an opinion regarding whether a lobbyist in his current district could donate to his campaign when he or she may not be a constituent in his proposed new voting district.

Advisory Opinion 11-14-CD concludes candidates “will only be able to accept donations from lobbyists residing in the new district.”

Presently, only candidates for the proposed new districts, and not the current districts, are being certified by the Division of Elections. In its analysis, the Advisory Opinion also articulates, “Whether or not a lobbyist resides in the candidate’s district is determined on the day the contribution is accepted.”

Federal:

Business Executives Call for End to Anonymous Cash

In Turn to Politics, Facebook Starts a PAC

Political Embezzlement Rises as U.S. Campaign Accounts Swell

Solyndra’s Lobbying Not Disclosed by Energy under Stimulus Guidelines

From the States and Municipalities:

Colorado

Campaign Finance Law Argued Before Colorado Supreme Court

Florida

After ‘Wild West,’ Palm Beach County Lobbyists Face New Rules

Indiana

Federal Judge Strikes Down Portion of Indiana ‘Robo-Call’ Ban

Maryland

State Senator’s Future Hangs in the Balance at Corruption Trial

Minnesota

Campaign Finance Board Releases Guidelines on Ballot Initiatives

Pennsylvania

Ex-Judge Gets 17 1/2 Years in Pa. Kickbacks Case

Rhode Island

Arrested Rhode Island Representative Won’t Resign, Will Run Again

Tennessee

Tennessee Lawmakers’ Ethics Panel Has Own Critics

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.

On Monday, the American League of Lobbyists (ALL)  made a statement against a new Obama administration proposal restricting lobbyists’ gifts to executive branch employees. It would also restrict those employees’ attendance to certain events sponsored by lobbyists, companies, and organizations.

Howard Marlowe, president of the organization, states: “The American League of Lobbyists strongly objects to this proposed rule and asks that it be withdrawn immediately. The Administration has offered no reports of even a single abuse of its current regulations to warrant the severe restrictions it has proposed on the mutual flow of information and expertise between lobbyists, their employers, and Federal workers.”

Here is a draft summary of the Obama administration’s proposed rule.

The “Lobbying in the News” page for ALL lists these three articles covering the news:

• “Lobbyists object to Obama proposal that would tighten rules for federal workers,” by T.W. Farnam in the Washington Post.
• “Lobby league opposes Obama rule,” by Anna Palmer and Dave Levinthal on the Politico Influence page.
• “Lobbyists’ group objects to new rule banning gifts to all federal employees,” by Kevin Bogardus in The Hill.

You can keep up with the latest discussions on the American League of Lobbyists Twitter feed (@LobbyistsLeague).

Executive Sourcebook on Lobbying Laws:

1. We are separating the penalties so you will see what they are for registration, reporting, and gift violations.

2. Does the jurisdiction have a document retention policy?

3. Is gift splitting allowed?

4. We are also separating the gift restrictions for lobbyists and non-lobbyists.

Executive’s Sourcebook on Political Contributions:

1. What is the jurisdiction’s document retention policy?

2. What restrictions are there on fundraising, as applied both to corporations attending a political event and as applied to corporations holding its own fundraiser?

Executive’s Sourcebook on Procurement Lobbying:

1. Restrictions on pre-RFP communications between a bidder and the procurement department?

2. Are there any post-RFP “cone of silence” restrictions?

3. Difference between “bidder” and “contractor.”

It continues to be our goal to be your #1 online resource for lobbying, political contributions, and procurement lobbying.

Until next month, let your fingers do the walking at www.stateandfed.com and see the amount of information available to you and your organization.

Elizabeth Z. Bartz
President and CEO

Q. I’m registered as a legislative lobbyist in Indiana.  How should I keep track of reportable expenditures for my upcoming report due in November?

A. The Indiana Lobby Registration Commission (ILRC) is currently in the process of reviewing the reporting guidelines for lobbyist expenditures and gifts.  As fall kicks off and the November reporting deadline will soon be upon us, it is important to review key reporting changes.

Specifically, the ILRC does not consider a meal expenditure on behalf of a legislator to be a gift, but instead, an entertainment expenditure, as long as the lobbyist is present when the meal is consumed.  Per the ILRC’s reporting guidelines, please make sure you save an itemized receipt outlining the exact cost of the meals associated with reportable legislators.  Here are some important things to remember regarding entertainment expenditures, including meals:

•  When determining how much to attribute to a particular legislator, only direct costs must be associated with the legislator.   Unlike most states, determining a pro-rata cost of an official’s meal by dividing the bill by the number of people present is not permissible.  Instead, you must save an itemized receipt, and attribute only the amount of the specific items ordered for that particular legislator.  Tax and tip must be appropriately allocated as well.

• If you are not present when making an expenditure, this qualifies as a gift, and is subject to special reporting guidelines.  Starting with this reporting period (form was not developed until late April), a gift report must be submitted if a gift is given to a legislator equaling $50.00 per day, or $250.00 in the aggregate.   This report is due 15 business days after the gift is given.  A copy must be sent to the legislator who is named in the report.  Moreover, informed prior consent must be obtained from the legislator before the gift is given.

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.

National:

Election Spending to Exceed $6 Billion Thanks Partly to Jim Bopp

Twitter to Launch Political Advertising

Federal:

K Street Cool to Obama Lobbying Plan

Watchdog Spotlights Lawmaker Ethics in ‘Most Corrupt’ Report

From the States and Municipalities:

Alabama

Former Governor Riley Gets Ethics Training He Pushed

California

California Pension Managers Fined for Unreported Gifts

Connecticut

‘Shock Jock’ Hal Turner Acquitted in Connecticut Threats Case

District of Columbia

Wells Drafts D.C. Bill to Limit Lobbyists’ Influence

Illinois

The Price of Influence in Chicago

Louisiana

Sugar Bowl in Violation of Tax Law with Purchases to Fundraiser

Missouri

T.D. El-Amin Gets Record Ethics Fine

Montana

Supreme Court Looks at Campaign Finance for Political Spending

Oklahoma

Oklahoma High Court Hears Former Senator’s Appeal

Pennsylvania

Soon, Lobbyists Must Register

Wisconsin

Judge: Wisconsin campaign law is unconstitutional

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.

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.

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

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

Social Media Policy Rejected

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.

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.

In the face of sagging public perception of lobbyists, Van Scoyoc Associates will be employing an advertising campaign with the hope of improving the industry’s image. More than just a series of plain ads, the firm will be using questionnaires seeking honest opinions and a “two-way discussion.”

In Politico’s  “Ad: ‘Lobbyist’ is no 4-letter word,” Dave Levinthal speaks with the firm, and with Patton Boggs and The American League of Lobbyists about how the public views lobbying and what the industry can do.

What is needed? They say clearer definition of lobbying activity is needed, as well as greater disclosure. Educating people about the role of lobbying would also be helpful. They speak about how the needs of local governments can better be met by lobbying, and the need for lobbying for the less advantaged.

What do you think?

In T.W Farnam’s aticle, “Revolving door of employment between Congress, lobbying firms, study shows,” the Washington Post reports that LegiStorm has published a new study revealing how many U.S. lawmakers and their staffers have left to become lobbyists.

The published totals are 400 lawmakers and 5,400 staffers in the last ten years. LegiStorm also reveals the reverse process: 605 lobbyists have moved into positions as congressional staffers.

You can find LegiStorm’s announcement on their blog here.

Roll Call reported last night about a new website that will be offering a way for people to have access to lobbying services. By helping people establish an advocacy campaign and start raising funds, YouLobby.com is meant to remove a common barrier people face when seeking lobbying services.

Could this become a game-changer in grassroots and other forms of lobbying?

Find out more about the story in Roll Call’s article, “Website Seeks to  Help Public Hire Lobbyists” by Ambreen Ali.

YouLobby.com has nothing on its website yet, but you can find out about the project on their Facebook and through their Twitter account, @YouLobby.

 Federal:

Bipartisan Bill Would Require Transparency of Super Committee

Facing Voter Discontent, Lawmakers Skip Town Halls

Lobbying Groups Take a Stand

Members of Debt Panel Have Ties to Lobbyists

From the States and Municipalities:

California

Campaign Accountant Held in Theft of Funds

Connecticut

Watchdog Agencies Spared as Malloy Nails Down Budget Cuts

Georgia

Ethics Chief Arrives Amid Makeover

Rhode Island

R.I. Rep. Leo Medina Is Charged with a Felony

Washington

Seattle City Employee to Be Fined for Driving City Car to Casino

Wisconsin

Attorney: New Wisconsin ad rules too broad

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.