An advisory opinion by the Joint Commission on Public Ethics has been challenged in federal court. Five public relations firms have brought a suit seeking to block the enforcement of Advisory Opinion 16-01, as they argue the legality of the opinion’s definition of what constitutes lobbying.

Under the opinion, the firms claim private conversations with editors and reporters would be required to be disclosed, an act they say would have a chilling effect on the way they do business. Additionally, the firms argue the opinion’s definition of lobbying to be unconstitutionally vague, claiming it fails to give citizens reasonable notice of what is and is not considered lobbying activity.

National:

Meet the ‘Nones,’ the Democratic Party’s Biggest Faith Constituency
Washington Post – Michelle Boorstein | Published: 2/29/2016

A large group of Americans reject any label or affiliation to describe their faith. At 23 percent of the population, this left-leaning group called “Nones” are the Democratic parallel to the Republican Party’s white evangelicals – except without organization, PACs, and a clear agenda. They do, however, have one big expectation of political candidates: be ethical, and go light on the God talk. A group that skews under 40, is white, and non-immigrant, the Nones want politicians to tone it down because they are fed up with religious institutions they see as corrupt and discriminatory. In the process, they are rewriting the country’s political discourse on morality.

Federal:

As Presidential Campaign Unfolds, So Do Inquiries into Clinton’s Emails
New York Times – Steven Lee Myers and Matt Apuzzo | Published: 3/2/2016

Hillary Clinton faces legal hurdles from her use of a private computer server as secretary of state. Foremost among a half-dozen inquiries and legal proceedings into whether classified information was sent through Clinton’s server is an investigation by the FBI, whose agents could seek to question Clinton’s closest aides and possibly the candidate herself within weeks. A federal law enforcement official said barring any unforeseen changes, the investigation could conclude by early May. Then the Justice Department will decide whether to file criminal charges and, if so, against whom. Federal law makes it a crime to mishandle classified information outside secure government channels when someone does so “knowingly” or, more seriously, permits it through “gross negligence.” Clinton has correctly pointed out that none of the emails on her server were marked as classified at the time.

Inside the Clinton Team’s Plan to Defeat Donald Trump
New York Times – Amy Chozick and Patrick Healy | Published: 2/29/2016

Hillary Clinton and her allies are shifting their attention to a likely general-election contest against Donald Trump that they expect to be strongly negative. Clinton is still waging a nomination battle against Bernie Sanders, but increasingly sure that Trump will win the Republican nomination, she appears to be running a two-pronged campaign. Several Democrats argued Clinton would easily beat Trump. They were confident his incendiary remarks would make him unacceptable to many Americans. But others, including former President Bill Clinton, dismissed those conclusions as denial. They said Trump clearly had a keen sense of the electorate’s mood and only a concerted campaign portraying him as dangerous and bigoted would win what both Clintons believe will be a close November election.

Jeb Bush’s Ambitions Paid Dividends for GOP Admaker Over the Years
Washington Post – Matea Gold | Published: 2/28/2016

Since 1998, when Mike Murphy helped Jeb Bush remake his image and win the Florida governor’s office, the strategist’s firms have received nearly $36 million from Bush’s campaigns, allied political committees, and educational foundation. While the vast majority of the money went to purchase advertising, Murphy got a significant cut as the media consultant. In this year’s presidential contest, Murphy helmed the big-money super PAC that Bush and his allies believed would give him a key edge in the race. By the time Bush dropped out, Right to Rise USA had raced through more than $101 million, to little effect. Murphy’s work for Bush over the years underscores how a long-term relationship with a politician can pay dividends for a political consultant, even in defeat. Right to Rise’s approach will be studied as a test of the kind of fiscal accountability that donors demanded after the 2012 election.

Lobbyists Could Make a Comeback after Obama
The Hill – Megan Wilson | Published: 3/2/2016

None of the candidates running for the White House has vowed to keep President Obama’s restrictions on lobbyists in place, and Democrats have already abandoned his ban on lobbyist contributions to the party committee and nominating convention. Obama came into office vowing to “change how Washington works” by curbing the influence of lobbyists and special interest groups. The measures have been widely panned by K Street over the past seven years. Lobbyists say the attempt to curb Washington’s “revolving door” has succeeded only in keeping qualified people out of important jobs and impeding the flow of information to the administration. Critics say Obama’s policies drove more of the influence industry underground.

Seeing Chris Christie with Donald Trump, New Jersey and Internet Cringe
New York Times – Michael Barbaro | Published: 3/2/2016

New Jersey Gov. Chris Christie’s seemingly shell-shocked gaze as he stood behind Donald Trump on Super Tuesday is generating befuddlement and mockery in his home state and beyond. Conservatives and liberals alike have piled on. His introductory remarks were so subdued and his appearance was so grave that the joke making the rounds on the Internet was that he was a hostage reading a coerced statement. “Gov. Christie, blink twice if you’re in trouble!” one person tweeted. Some newspaper editorials in New Jersey said he is not even fit to be governor any more. They called him a political opportunist who has neglected his duties in the Garden State, and urged him to resign.

From the States and Municipalities:

California – Budding Marijuana Lobby Gains Influence at California Capitol
Sacramento Bee – Taryn Luna | Published: 2/25/2016

When Amy Jenkins signed on to represent the California Cannabis Industry Association, veteran lobbyists told her the move could ruin her career. Bit in Sacramento, cannabis now is a welcome topic in many legislative offices and given rise to a budding micro-economy: marijuana lobbying. More than two dozen groups from the Recreational Boaters of California to the Wine Institute in San Francisco employed lobbyists to influence marijuana issues in the state last year. As the public becomes more accepting of pot, the industry is drawing well-funded business interests that want a piece of California’s billion-dollar market.

California – Female Lobbying Firm Thrives in Male-Dominated Capitol
Bakersfield Californian – Laurel Rosenhall (CALmatters.org) | Published: 2/27/2016

Women have become more prominent in Sacramento’s political scene than they were a generation ago, but they remain in the minority. Just 26 percent of California’s 120 legislators are female, two of the eight state officers elected statewide are women, and women are more likely to be employees than partners at Sacramento’s biggest lobbying firms. Roughly 300 firms are registered to lobby in California. Among the top 20 that brought in the most money last year, Political Solutions is the only one owned entirely by women. Its rare position shows both how far women have come in being able to succeed in the business of politics, and how much they remain outsiders in an old-school industry.

Colorado – Colorado Lobbying Law Offers Murky Picture of Influence on Politics
Denver Post – Joey Bunch | Published: 2/28/2016

The Center for Public Integrity last year deemed Colorado “largely sleaze-free” but criticized the state for its lack of transparency on lobbyists. Attempts to strengthen disclosure at the Legislature have not been effective, and state officials say there is not enough money to make improvements. Meanwhile, the lobbying firms that rank at the top of the income scale are viewed by insiders as those most diligent in reporting because loopholes and a lack of oversight allow for many firms to allow untold amounts of income paid to them to go unreported to the public.

Louisiana – What Budget Crisis? Louisiana Lawmakers Raising Campaign Cash
New Orleans Times-Picayune – Julia O’Donoghue | Published: 3/2/2016

Unlike regular legislative sessions when political fundraisers are forbidden, legislators in Louisiana are free during special sessions to pull in campaign money from fundraising events on the same days they vote on tax increases, budget cuts, and other bills. And 42 of the 144 members of the Legislature have taken advantage of the exception to hold or schedule political fundraisers in Baton Rouge during the 25-day special session that must end March 9. Two more lawmakers are having political fundraisers in Baton Rouge the day after the special session ends. Legislators do not have to report their political contributions from this period until the beginning of 2017, when their 2016 campaign finance reports are due.

Massachusetts – Bill Would Have Lobbyists Disclose Clients
The Sentinel & Enterprise – Michael Norton (State House News Service) | Published: 3/1/2016

State Sen. Sen. Michael Brady introduced a bill calling for municipal lobbyists to begin disclosing their clients and compensation with clerks at city and town halls throughout Massachusetts. Brady said his legislation, which was referred to the State Administration Committee, is modeled after the state lobbying law and establishes new categories governing municipal agents and municipal lobbying. It would require agents receiving more than $2,500 per year to disclose the nature of matters they are lobbying on, officials they have lobbied, the interests paying the agent, and campaign contributions made to local officials. Municipal lobbyists would be required to register annually and pay a fee of $100 under the bill.

Massachusetts – Marty Walsh’s Friends with Benefits
Boston Globe – Mark Arsenault and Andrew Ryan | Published: 2/28/2016

Michael Goldman has set up media interviews for Boston Mayor Martin Walsh, consulted with city officials about the release of public records, orchestrated the rollout of a major municipal labor contract, and written speeches for the mayor – all for free. O’Neil, a political strategist with so much affection for Walsh he said he would “die for the guy,” said he offers his skills and experience to the mayor as a “friend.” At the same time, Goldman’s consulting firm, the O’Neil/Goldman Group, firm lobbies City Hall on behalf of corporate clients who need things from the administration like permits and administration support on development projects worth millions of dollars.

Mississippi – Lobbyists: Campaign finance system ‘disgusting’
Jackson Clarion-Ledger – Geoff Pender, Kate Royals, and Mollie Bryant | Published: 2/28/2016

For roughly the last decade, outside interests such as political parties, lobbyists, corporations, and policy advocates have pumped money into Mississippi legislative races. Typically, lawmakers go to lobbyists, who line up corporate donors for their campaigns, or corporate donors go to lobbyists who direct them to the candidates they should donate to based on their issues or desired legislation. Eight top state lobbyists did give varying opinions on legislators and campaign money. Some said they and their clients are being pressured to cough up more money for more legislative races and find politicians’ personal spending of the money distasteful. Others said they see no problems. All said they do not believe there is any direct “pay-to-play” setup between making donations and getting legislation passed.

New Mexico – Governor OKs Upgrades to State’s Campaign Finance Reporting System
New MexicoPolitics.net – Heath Haussamen | Published: 2/29/2016

New Mexico Gov. Susana Martinez signed legislation designed to standardize electronic reporting so that filings by candidates, lobbyists, and political committees can be searched, cross-referenced, or downloaded for analysis. The law also will require lobbyists to file regular reports, as candidates already do. Registration fees from lobbyists would be reinvested in maintaining the database.

Wisconsin – With Fewer Members, a Diminished Political Role for Wisconsin Unions
New York Times – Monica Davey | Published: 2/27/2016

Wisconsin Gov. Scott Walker led a push five years ago to cut collective bargaining rights for most public sector workers, saying he needed to solve a state budget gap. Since then, union membership has dropped precipitously. Long a labor stronghold, the state has lost tens of thousands of union members, leaving Wisconsin with a smaller percentage of union members than the national average. The shift has shaken the order of election-year politics. Democrats, who most often have been the beneficiaries of money and ground-level help from the unions, said they were uncertain about what the coming elections would look like, and what forces could take the place of depleted labor groups.

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.

House Bill 4134, a bill tightening timelines for reporting for lobbyist’s clients and lobbyist registration, has passed both the Oregon House and Senate, and will head to Gov. Brown’s desk for approval. The bill requires lobbyists to register within three business days after meeting the threshold instead of the current 10 day time period.

The bill also requires a client or employer of a lobbyist to sign an authorization for the lobbyist within 10 calendar days after the lobbyist files a registration statement.

The bill will become immediately effective if approved by Gov. Brown.

Lobbying

“Lobbyists Could Make a Comeback after Obama” by Megan Wilson for The Hill

Michigan: “Michigan Lobbyist Spending Hits Record High in 2015 with Loopholes Galore” by Josh Hakala for Michigan Public Radio

Campaign Finance

Colorado: “Court: Colorado GOP’s creation of super PAC was legal” by James Anderson (Associated Press) for The Coloradoan

Pennsylvania: “Pennsylvania Lawmaker Charged in Illegal Gambling Probe” by Marc Levy (Associated Press) for Minneapolis Star Tribune

Ethics

“Meet the ‘Nones,’ the Democratic Party’s Biggest Faith Constituency” by Michelle Boorstein for Washington Post

Arizona: “Ex-Phoenix VA Hospital Exec Failed to Disclose Yearly Gifts” by   for Arizona Daily Star; Associated Press

California: “Ethics Reforms Proposed for San Diego Council” by David Garrick for San Diego Union-Tribune

New Mexico: “Former Sen. Phil Griego Charged with Nine Crimes” by Deborah Baker for Albuquerque Journal

Elections

“Chris Christie Goes Viral” by Michael Catalini (Associated Press) for U.S. News & World Report

“Ben Carson Tells Supporters He Sees No ‘Path Forward’ for Presidential Campaign” by Robert Costa and Ben Terris for Washington Post

Lobbying

Massachusetts: “Bill Would Have Lobbyists Disclose Clients” by Michael Norton (State House News Service) for The Sentinel & Enterprise

Campaign Finance

“Jeb Bush’s Ambitions Paid Dividends for GOP Admaker Over the Years” by Matea Gold for Washington Post

California: “California’s Ethics Watchdog Opposes Donor Stickers for Politicians” by Alexei Koseff for Sacramento Bee

New Jersey: “Another Birdsall Exec Pleads Guilty, Faces Jail” by Kathleen Hopkins for Asbury Park Press

Ethics

Pennsylvania: “Menendez’s Lawyers Argue That Public Corruption Case against Senator Should Be Thrown Out” by Matt Zapotosky for Washington Post

District of Columbia: “Ethics Group Urges Inquiry of Mortgage Banking Lobbyist Who Led F.H.A.” by Gretchen Morgenson for New York Times

New Mexico: “Governor OKs Upgrades to State’s Campaign Finance Reporting System” by Heath Haussamen for New MexicoPolitics.net

Oklahoma: “Credit Card Purchases, Gifts Questioned by Oklahoma’s State Audit” by Randy Ellis for The Oklahoman

Elections

“How America’s Dying White Supremacist Movement Is Seizing on Donald Trump’s Appeal” by Jonathan Mahler for Washington Post

“Inside the Clinton Team’s Plan to Defeat Donald Trump” by Amy Chozick and Patrick Healy for New York Times

“Donald Trump Overwhelms G.O.P. Rivals from Alabama to Massachusetts” by Alexander Burns and Jonathan Martin for New York Times

“Minority Voters Push Hillary Clinton to Victories” by Patrick Healy and Amy Chozick for New York Times

Legislative Issues

Wyoming: “‘Leg’-Mart’ Growing on Wyoming Lawmakers, Public” by Laura Hancock for Casper Star-Tribune

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.

Lobbying

California: “Budding Marijuana Lobby Gains Influence at California Capitol” by Taryn Luna for Sacramento Bee

Colorado: “Colorado Lobbying Law Offers Murky Picture of Influence on Politics” by Joey Bunch for Denver Post

Massachusetts: “Marty Walsh’s Friends with Benefits” by Mark Arsenault and Andrew Ryan for Boston Globe

Missouri: “Alleged Intern Harasser among Those in Lobbying Grey Area” by Kurt Erickson and Alex Stuckey for St. Louis Post-Dispatch

Nebraska: “Lawmakers Criticize Bill That Seeks to Slow Revolving Door into Lobbying” by Martha Stoddard for Omaha World-Herald

Ohio: “Attorney General: Wright State’s $1M consultant not a lobbyist” by Josh Weigart for Dayton Daily News

Campaign Finance

Missippi: “Lobbyists: Campaign finance system ‘disgusting’” by Geoff Pender, Kate Royals, and Mollie Bryant for Jackson Clarion-Ledger

New Mexico: “NM Deals with Campaign Finance Warnings Backlog” by Morgan Lee (Associated Press) for Farmington Daily Times

Ethics

Ohio: “Ohio Mayor Pleads Guilty to Corruption Charges, Remains in Office” by Kim Palmer for Reuters

Elections

Wisconsin: “With Fewer Members, a Diminished Political Role for Wisconsin Unions” by Monica Davey for New York Times

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

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

At any given time, more than 1,000 legislative bills, which can affect how you do business as a government affairs professional, are being discussed in federal, state, and local jurisdictions. These bills are summarized in State and Federal Communications’ digital encyclopedias for lobbying laws, political contributions, and procurement lobbying and can be found in the client portion of our website.

Summaries of major bills are also included in monthly email updates sent to all clients. The chart below shows the number of bills we are tracking in regard to lobbying laws, political contributions, and procurement lobbying.

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!