The Oklahoma Ethics Commission’s newly promulgated Revised Constitutional Ethics Rules, effective at staggered intervals, significantly amend lobbying and campaign finance laws. Lobbyist registration provisions were effective December 1. Rules outlining lobbyist reporting due dates are effective February 1, 2015. All other revised rules were effective January 1, 2015. Except as may otherwise be provided, all current rules under Title 74, Chapter 62-Appendix, of the Oklahoma Statutes were repealed on January 1, 2015. O.S. §257:23-1-2, as it pertains to lobbyist reporting requirements, will remain effective until January 31, 2015.

Lobbyists were required to register online in December for calendar year 2015. There are now separate registration requirements dependent upon whether a lobbyist is a legislative lobbyist, executive lobbyist, or legislative liaison. Legislative lobbyists and legislative liaisons will be required to file monthly reports from February to July; executive lobbyists will file quarterly reports.

The revised rules also place new limits on lobbyist expenditures. Each lobbyist will be permitted to spend up to $500 per calendar year for meals for the governor, a legislator, or their staff. Moreover, lobbyists may spend up to $200 per year on certain gifts other than meals, provided the total for all meals and gifts does not exceed $500. New provisions also allow lobbyist principals to provide food and beverage for professional conferences, seminars, and similar events held outside the geographical boundaries of the state, subject to certain restrictions.

Changes to campaign finance laws include a new registration threshold for political action committees (PACs), new campaign contribution limits, specific reporting for out-of-state and federal PACs, and amendments to some reporting requirements. A PAC will be required to register within 10 days of receiving contributions or making expenditures in excess of $1,000. Certain contribution limits will increase and family contribution limits will no longer exist. Limited PACs registered for less than a year or that have fewer than 25 contributors will be permitted to contribute only half the amount of other limited PACs.

This article provides a summary of the major changes to the Revised Constitutional Ethics Rules. It is not exhaustive and additional changes have been made. A final annotated version of the rules is accessible on the new Ethics Commission website at http://www.ok.gov/ethics/.

Q. I will be having meetings with state legislators to introduce myself and my employer. I do not have any legislation of interest yet, though I anticipate that I will. Will this require lobbyist registration?

A. Goodwill lobbying is covered in many jurisdictions. The following 19 states may require lobbyist registration for goodwill activities: Alaska, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Maryland, Minnesota, Missouri, New York, North Carolina, Oregon, Pennsylvania, Tennessee, Texas, and Vermont. Some jurisdictions have specifically addressed goodwill lobbying. Connecticut covers “door opening,” including such things as telephone calls that you make to set up informational meetings with officials. The Maryland State Ethics Commission has indicated generating goodwill or engaging in educational discussions with officials or employees is considered lobbying.

Some states consider additional activities in determining whether an activity is goodwill lobbying. In Pennsylvania, lobbying includes providing hospitality to a state official or employee for the purpose of advancing the interest of the lobbyist or principal. Kansas also includes entertaining or providing a gift to a state officer or employee in its definition of lobbying in certain circumstances.

Any time you interact with a state official or employee, you must consider whether your activities constitute lobbying, even if you are not engaging in lobbying in a traditional manner. Your activities may count toward the threshold requiring lobbyist registration.

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.

Lobbying

Arizona: “Lobbyist Tied to Phoenix VA Executive Fired over Gifts” by Dennis Wagner (Arizona Republic) for USA Today

California: “Foes and Fans of L.A. Economic-Justice Group Agree It Gets Things Done” by Emily Alpert Reyes for Los Angeles Times

Maryland: “Hogan’s Pick for Health Chief Says He’ll Avoid Conflicts” by Michael Dresser and Meredith Cohn for Baltimore Sun

Maryland: “Maryland Gov.-Elect Hogan Tries to Navigate Gifts Minefield” by Jenna Johnson for Washington Post

Missouri: “Publisher’s Parties Highlight Reporting Issues in Missouri Ethics Laws” by Rudi Keller for Columbia Daily Tribune

Rhode Island: “R.I. Secretary of State Mollis Ends Probe, Says Stokes Didn’t Have to Register as a Lobbyist for 38 Studios Meetings” by Kate Bramson for Providence Journal

Rhode Island: “Mollis’ Decision on Lynch Sets Bad Precedent, Says Leader of Common Cause” by Jennifer Bogdon for Providence Journal

Campaign Finance

“Judge Candidates’ Free-Speech Rights at Issue before the Supreme Court” by Robert Barnes for Washington Post

Ethics

New Jersey: “Dallas Owner Jerry Jones Paid for Chris Christie’s Trip to Root for Cowboys, Including Private Jet” by Matt Arco (NJ Advanced Media) for Newark Star Ledger

Procurement

Texas: “Audit: Texas Health Agency Mishandled AT&T Contract” by Aman Batheja for Texas Tribune

Campaign Finance

“Firms skirting ‘pay-to-play’ prohibitions, advocates say” by Lydia Wheeler in The Hill.

“Governors’ inaugurals funded by political donors” by Paul J. Webber (Associated Press) in The Denver Post.

Delaware: “Delaware’s new laws for 2015” by Jonathan Starkey in The News Journal.

Massachusetts: “State task force calls for new campaign finance disclosures” by Christian M. Wade in the Gloucester Times.

Wisconsin: “GOP set for sweeping campaign finance changes” by Matthew DeFour (Wisconsin State Journal) in the LaCrosse Tribune.

Wisconsin: “Mayor’s campaign shows $10K in illegal contributions” by Paul Srubas in the Green Bay Press-Gazette.

Ethics

“Confusion Surrounds Conflict of Interest Cases in Congress” by Hanna Hess in Roll Call.

Missouri: “Mo. Lawmakers Seek Ethics Reform in 2015” by The Associated Press on CBS St. Louis.

Texas: “Political donations preceded $90M no-bid contract” by The Associated Press in the Salina Journal.

In the States

“2015’s Top 10 Legislative Issues to Watch” in Governing.

“Republicans in state governments plan juggernaut of conservative legislation” by Reid Wilson in The Washington Post.

“New year brings hundreds of new laws” by Greg Toppo in USA Today.

National:

A Bipartisan Push to Limit Lobbyists’ Sway over Attorneys General
New York Times – Eric Lipton | Published: 12/26/2014

A series of articles in The New York Times examined how lawyers and lobbyists – from major corporations, energy companies, and even plaintiffs’ law firms – have increasingly tried to influence state attorneys general. These outside players have tried to shut down investigations, enlist the attorneys general as partners in litigation, or use their clout to try to block or strengthen regulations emerging from Washington, found the investigation. A debate has started among state attorneys general, even those who believe the problem is more about the perception of a possible conflict-of-interest, over steps that could be taken to insulate them from outside influence.

Cuomo and Christie, Defying Legislatures, Reject Bill to Overhaul Port Authority
New York Times – Jesse McKinley | Published: 12/27/2014

Governors Chris Christie and Andrew Cuomo vetoed legislation passed unanimously in both of their state Legislatures that would change the management structure at the Port Authority of New York and New Jersey. Instead, Christie and Cuomo said they accepted revisions recommended by a special panel to reorganize the agency. The veto came as prosecutors continue to investigate the politically motivated lane closings at the bridge last year, a scandal that marred Christie’s reputation. The bi-state agency has also faced ethical questions over its reputation for rewarding politically connected officials with patronage jobs and allies with lucrative contracts.

What We Learned about the American Voter in 2014
Politico – Jonathan Topaz | Published: 12/31/2014

The Republican landslide in the midterm elections has both parties poring over voting data, hoping to glean insights about the current state of the electorate before the 2016 election. But it might take until the next presidential cycle to answer the most pressing question of whether the GOP’s success in 2014 is the result of significant changes in how voters view the two parties, or the structural difference between the electorates in presidential and midterm years so great that Democrats still maintain a strong demographic advantage going into 2016.

Federal:

Big Money Breaks Out
Politico – Kenneth Vogel | Published: 12/29/2014

Billionaires Michael Bloomberg, Sheldon Adelson, and David Koch were among the top 10 largest contributors to federal political campaigns in the 2014 midterm elections, according to Politico. The 100 biggest campaign donors gave $323 million in 2014, almost as much as the $356 million given by the estimated 4.75 million people who gave $200 or less. The trajectory is pointing to a heyday of mega-donors, asserted political consultant Mark McKinnon. “When 100 big donors give as much almost 5 million small donors, with whom do we expect candidates to spend their time, and whose interests do we think they will represent?” asked McKinnon.

Republicans Try to Fix Damage Scalise’s 2002 Speech Could Do in 2016
New York Times – Jonathan Martin and Jackie Calmes | Published: 12/30/2014

U.S. Rep. Steve Scalise, the House majority whip, acknowledged he spoke to a white supremacy group in 2002, though he said he did not realize what kind of organization it was, is not affiliated with it, and does not agree with its beliefs. The group was the European-American Unity and Rights Organization, founded by David Duke, a former grand wizard of the Ku Klux Klan. The controversy erupted as Republicans were making a renewed effort to reach out to black voters. It threatened to cloud their agenda after capturing control of the Senate and adding to their House majority in the midterm election.

From the States and Municipalities:

Arizona – Firing of VA Clinic Chief Upheld over Gifts, Not Wait Times
USA Today – John Wagner (Arizona Republic) | Published: 12/24/2014

An administrative judge upheld the dismissal of the director of the Veterans Affairs (VA) health care system in Phoenix for accepting more than $13,000 in airline tickets and other gifts from a consultant for the health care industry and for failing to disclose some of the gifts. The former director, Sharon Helman, had also been implicated in the falsification of the hospital’s waiting lists for care, a problem at Phoenix and other veterans’ hospitals that roiled the VA. But the administrative judge, Stephen Mish, concluded the department had not provided sufficient evidence to justify firing Helman for the manipulation of waiting lists, which concealed delays in providing care to veterans.

California – New FPPC Chair Takes Low-Profile Approach
Sacramento Bee – Laurel Rosenhall | Published: 12/24/2014

As Jodi Remke takes the mantle as chairperson of the California Fair Political Practices Commission, she said she is mainly focused on beating bureaucracy at the agency. Her predecessor, Ann Ravel, brought national attention to the sometimes-obscure commission that polices California’s lobbying and campaign finance laws. Remke said she wants to continue Ravel’s work going after serious violations of the state’s Political Reform Act. But she has her own vision for the position, too, one that involves increasing the FPPC’s use of technology and streamlining the requirements involved for officials to follow the law.

California – Politicians Use ‘Ghost’ Campaigns to Fight Specter of Lost Funds
San Francisco Chronicle – John Wildermuth | Published: 12/25/2014

California election law requires candidates to close their campaign accounts and disburse the money within two years after losing an election or being termed out of office, unless they are planning to run for another office. Plenty of out-of-work politicians want to hang on to their campaign cash for as long as they can, however, and the rule has forced some veteran officeholders into some unusual political contortions. At age 82, former state Sen. John Burton is head of the California Democratic Party, but he has opened a not-especially-active campaign for state superintendent of public instruction four years from now.

Georgia – University System of Georgia Spent More Than $48,000 on Perks for State Lawmakers
Columbus Republic; Associated Press –   | Published: 12/28/2014

A state law passed in 2013 prohibits Georgia legislators from receiving gifts worth more than $75. But that law also excludes public employees from being considered lobbyists. University System of Georgia officials spent tens of thousands of dollars in 2014 on football tickets, meals, and events for state lawmakers. Some lawmakers say University System officials acting in a lobbying capacity should have to register as such and report their spending to the state.

Massachusetts – State Campaign Contributions Set to Double
Boston Globe – Joshua Miller | Published: 12/27/2014

Candidates for all municipal, county, and state elected offices in Massachusetts can now raise $1,000 per year from individuals, double the old limit of $500. The change, part of a multifaceted campaign finance package signed into law this summer, is certain to be a boon to campaign accounts. Beyond that, there is dispute about what the increase might mean. Some believe the increase will simply make campaigns more expensive. Others think it might allow politicians to raise the money they need in less time, and spend their newly free hours with regular voters, building support.

Missouri – With Lobbyists, Missouri Lawmakers Golf and Dine Far from Jefferson City
PoliticMo.com – Eli Yokely | Published: 12/30/2014

In Jefferson City, where the statehouse is governed by no limits on personal gifts and campaign contributions to lawmakers from lobbyists, it is common practice for legislators to get their meals, lodging, and drinks paid for by lobbyists, according to records maintained by the Missouri Ethics Commission. But on a recent trip to Las Vegas trip attended by three lobbyists and eight lawmakers, the only thing that was reported to the commission was an $8.50 expense from Noranda Aluminum executive Charles Skoda to Rep. Don Gosen. Though no exchange of gifts was reported, the episode reveals the close ties lobbyists form with state lawmakers and the extent to which they can legally go to push their agenda.

New York – U.S. Said to Investigate Sheldon Silver, New York Assembly Speaker, Over Payments
New York Times – William Rashbaum, Thomas, Kaplan, and Susanne Craig | Published: 12/29/2014

Federal authorities are investigating the sources of income of New York Assembly Speaker Sheldon Silver. The probe stems from an inquiry U.S. Attorney Preet Bharara began in April after Gov. Andrew Cuomo disbanded a panel examining corruption in the state Legislature. Among the areas the panel looked into was lawmakers’ sources of income, which must be disclosed. In addition to his $121,000 salary from the state, Silver has for years listed income from acting as “of counsel” to Weitz & Luxenberg, though he has declined to say what he does for the law firm. In 2013, Silver said he made from $650,000 to $750,000 from outside work including, though not limited to, Weitz & Luxenberg.

North Carolina – Opinion Says Lawmakers Can Raise Money for Political Nonprofits
WRAL – Mark Binker | Published: 12/29/2014

The Legislative Ethics Committee issued an opinion saying North Carolina lawmakers are allowed to raise money for political nonprofits that collect cash to lobby or elect members to the General Assembly. Raising money for political nonprofits is frequently easier than gathering cash into campaign accounts because the same fundraising limits do not apply and nonprofits are often not required to disclose the names of donors. Nonprofits also can raise money from interested groups when an important legislative decision is approaching, rather than having to wait like lawmakers until after the session ends.

Oklahoma – Ethics Agency Fails To Collect Most Fees
KGOU – M. Scott Carter (Oklahoma Watch) | Published: 12/29/2014

As of early 2014, candidates, their campaigns, and other organizations owed the Oklahoma Ethics Commission more than $200,000 in unpaid fees for late or no filing of statements of income and spending. The commission’s executive director said many fees probably will never be collected because of a lack of resources. The agency decided to stop assessing late fees this year partly because it needed to establish new rules for imposing fees. Dozens of political groups and campaigns in the 2014 election failed to meet deadlines for filing their statements.

Washington – PDC Finding It Hard to Get Money to Make Upgrades to Its Campaign-Finance Web Site
Tacoma News Tribune – Brad Shannon (The Olympian) | Published: 12/26/2014

The budget for the Public Disclosure Commission is cut by two percent in Washington Gov. Jay Inslee’s proposed spending plan for 2015-17, including elimination of three employees that would leave staffing at fewer than 17 full-time equivalent positions. The agency had suggested the staffing cuts, including elimination of a vacant in-house legal counsel position. But it also wanted to invest potentially $200,000 into upgrades making it easier for candidates and lobbyists to file reports and for the public to find and understand them.

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.

Lobbying

Missouri: “With Lobbyists, Missouri Lawmakers Golf and Dine Far from Jefferson City” by Eli Yokely for PoliticMo.com

Campaign Finance

“Jackson: Senate’s strict rule on donors used once” by Herb Jackson for Bergen Record

California: “Politicians Use ‘Ghost’ Campaigns to Fight Specter of Lost Funds” by John Wildermuth for San Francisco Chronicle

Kansas: “Judicial Retention Elections Becoming More High Profile in Kansas” by Brad Cooper (Kansas City Star) for Wichita Eagle

North Carolina: “Opinion Says Lawmakers Can Raise Money for Political Nonprofits” by Mark Binker for WRAL

Ethics

“GSA Loses Appeal in Firings of Top Officials; Appeals Board Orders Them Reinstated” by Lisa Rein for Washington Post

“Michael Grimm, in a Reversal, Will Resign From Congress” by Jason Horowitz for New York Times

“Republicans Try to Fix Damage Scalise’s 2002 Speech Could Do in 2016” by Jonathan Martin and Jackie Calmes  for New York Times

“U.S. Said to Investigate Sheldon Silver, New York Assembly Speaker, Over Payments” by William Rashbaum, Thomas, Kaplan, and Susanne Craig for New York Times

Procurement

Mississippi: “Task Force: Ban no-bid contracts in Mississippi prison system” by The Associated Press for Gulflive.com

Lobbying

“A Bipartisan Push to Limit Lobbyists’ Sway over Attorneys General” by Eric Lipton for New York Times

Arizona: “Firing of VA Clinic Chief Upheld over Gifts, Not Wait Times” by John Wagner (Arizona Republic) for USA Today

Florida: “London’s Dual Role as Commissioner, Lobbyist Has Mayor Demanding Client List” by Susannah Bryan for Orlando Sentinel

Georgia: “University System of Georgia Spent More Than $48,000 on Perks for State Lawmakers” by The Associated Press for Columbus Republic

Campaign Finance

“Big Money Breaks Out” by Kenneth Vogel for Politico

Massachusetts: “State Campaign Contributions Set to Double” by Joshua Miller for Boston Globe

Missouri: “Diehl Endorses Bill Requiring Political Not-for-Profits to Reveal Donors” by Rudi Keller for Columbia Daily Tribune

Ethics

California: “New FPPC Chair Takes Low-Profile Approach” by Laurel Rosenhall for Sacramento Bee

New Jersey: “North Haledon Mayor Fined $100 for Post-Sandy Generator Use” by Minjae Park for Bergen Record

Oklahoma: “State Ethics Agency Fails to Collect Most Fees” by M. Scott Carter (Oklahoma Watch)
for the Enid News & Eagle

South Carolina: “SC Ethics Attorney to Join Spearman’s Education Team” by Jamie Self for The State

Washington: “PDC Finding It Hard to Get Money to Make Upgrades to Its Campaign-Finance Web Site” by Brad Shannon (The Olympian) for Tacoma News Tribune

The consultation period for review of the Revised Lobbyists’ Code of Conduct has ended.

Commissioner of Lobbying Karen Shepherd drafted the revisions and invited comment on the proposed changes to be submitted by December 19, 2014. The changes focus on the relationship between lobbyists and public officials, while removing rules relating to the relationship between lobbyists and clients.

New rules prohibit a lobbyist from lobbying a public official if the lobbyist has campaigned for or has business interests with the public official. New gift regulations hold a lobbyist responsible for giving a gift the public official is not allowed to accept.

Once Shepherd finalizes the revisions, they will be referred to the House of Commons Standing Committee on Access to Information, Privacy, and Ethics, before being published in the Canada Gazette. The current version of the Lobbyists’ Code of Conduct remains in place until the revised code comes into effect.

Image of Canadian Flag by Djameson1983 on Wikimedia Commons.

National:

Here’s Where Campaign Finance Reform May Move Ahead As Congress Dithers
Huffington Post – Paul Blumenthal | Published: 12/21/2014

While campaign finance reform is unlikely in Congress, it is possible in some states, where extreme polarization on the issue of money in politics is less evident than in Washington, D.C. Many states and municipalities have already enacted new disclosure laws and rules governing candidates’ coordination with independent groups. Still others have pushed for small-donor matching fund systems to dilute the power of big money, or have passed conflict-of-interest restrictions on gifts from lobbyists and contractors.

Lawyers Create Big Paydays by Coaxing Attorneys General to Sue
New York Times – Eric Lipton | Published: 12/18/2014

There is a flourishing industry that pairs plaintiffs’ lawyers with state attorneys general to sue companies, a collaboration that has set off a furious competition between trial lawyers and corporate lobbyists to influence these officials. While prospecting for contracts, the private lawyers have also donated tens of thousands of dollars to campaigns of individual attorneys general, as well as party-backed organizations that they run. The donations often come in large chunks just before or after the firms sign contracts to represent the state, show campaign finance records and more than 240 contracts examined by The New York Times.

Federal:

National Parties, Donors Embrace Higher Campaign Limits
USA Today – Fredreka Schouten | Published: 12/22/2014

The national political parties and some of their biggest donors are embracing a new law that dramatically increases contribution limits, saying it could help the parties stage a financial comeback in an era of unlimited spending by super PACs. Some third-party groups on the left and the right of the political spectrum, however, are not as pleased, warning the national parties will have more power to drown out upstart politicians challenging the establishment’s favored candidates., Everyone agrees on one point: more campaign money will start to slosh through federal elections, just as the 2016 presidential campaign heats up.

Rep. Michael Grimm Pleads Guilty in Tax Case, Refuses to Resign
Los Angeles Times – Christine Mai-Duc | Published: 12/23/2014

U.S. Rep. Michael Grimm will not resign despite pleading guilty to one felony charge of filing false tax returns for a restaurant he owned, raising a challenge for Republican leaders if they seek to force him from office. He could be expelled from following a vote by the full House, but those proceedings could take weeks or even months. Grimm, a former FBI agent, was hit with 20-count indictment in April. Initially, federal investigators looked into allegations of campaign finance violations, but no charges were ever filed as part of that probe. Prosecutors accused Grimm of under-reporting his employees’ wages to the IRS, paying them in envelopes full of cash, and said he had lied under oath when he claimed he was not responsible for handling payroll.

Waning Influence? Part 3: Ups and Downs, by Industry
Center for Responsive Politics – Dan Auble | Published: 12/22/2014

Overall spending on lobbying has been on a downward trajectory since 2010 and the number of active lobbyists has seen an even longer-term and more drastic drop. The Center for Responsive Politics attempted to identify whether particular industries have contributed more than their fair share to the decrease. Lobbying spending may have dropped by 15 percent since 2009, but not all industries have cut their spending. Fifty-six industries outperformed the overall trend, and 24 actually increased spending since 2009. About 33 fell at a more drastic rate than the average, suggesting they may have contributed more to the overall decline than could be made up by those on the rise.

From the States and Municipalities:

Maine – Maine Public in the Dark on Local-Issue Lobbying
Portland Press Herald – Steve Mistler | Published: 12/22/2014

Advocates for transparency in government say the failure to require lobbying disclosures at the local level makes it hard for citizens to know who is trying to influence elected officials, at a time when well-funded national groups are pouring millions of dollars into state and local politics. No Maine community has a lobbying disclosure rule, and the only time the state imposes a reporting requirement on cities and towns is when a community with more than 15,000 residents takes up a local referendum question.

Massachusetts – Boston-to-D.C. Flights Showcase Region’s Power Players
Boston Globe – Matt Viser | Published: 12/23/2014

The hourly shuttle flights between Boston and Reagan National Airport are a vital connection between the nation’s capital and The Hub in more ways than one. The shuttle provides an airborne showcase of the region’s power players as they travel to private dinners, fundraisers, and congressional hearings. For members of Congress, it can be like office hours, where they are forced to confront constituents who happen to be seat mates. Gate agents report passengers frequently request a new seat assignment so they can be next to a person with whom they are hoping to conduct business.

North Carolina – NC Supreme Court Upholds GOP-Drawn Legislative and Congressional Districts
Raleigh News & Observer – Ann Blythe | Published: 12/19/2014

The North Carolina Supreme Court upheld the Republican-led redrawing of congressional and legislative districts in 2011. Democratic voters and others challenging the boundaries argue that 30 legislative and congressional districts were designed to weaken the overall influence of black voters in North Carolina. The challengers contend the shepherds of the redistricting packed black voters into districts where they had already been successful in electing their candidates of choice despite being in the minority. Republicans have argued they followed the law when creating districts.

Pennsylvania – Kane’s Account of Sting Draws Increasing Fire
Philadelphia Inquirer – Craig McCoy and Angela Couloumbis | Published: 12/21/2014

Pennsylvania Attorney General Kathleen Kane has said an undercover sting investigation that implicated five Philadelphia officials was marred by possible racial targeting, among many other flaws. At a news conference where Philadelphia District Attorney Seth Williams announced the arrests of two state representatives who he said took cash from a lobbyist who was working with law enforcement officials in the sting, Williams used the subpoena power of an investigative grand jury to dig into Kane’s statements on why she shuttered the sting and test them for accuracy. He ended up launching a broadside against Kane, saying she had made repeated false statements to justify her decision to end the probe, cited documents that did not exist, and irresponsibly jettisoned a strong criminal case.

Pennsylvania – Pennsylvania Lawmakers Will Be Challenged to Ban Themselves from Taking Lobbyists’ Gifts
Columbus Republic – Marc Levy (Associated Press) | Published: 12/18/2014

Sen. Lloyd Smucker said he will introduce a sweeping bill to ban nearly all gifts to public officials and employees in Pennsylvania, including state and local government employees. Such bills have been introduced before, and seen no action, and Smucker said he has no commitment to pass it by House or Senate leadership. But this measure has the added weight of testimony collected by Smucker’s State Government Committee, a pledge by Gov.-elect Tom Wolf to ban gifts to executive branch employees and officials, and a fresh corruption scandal that produced bribery charges against two lawmakers.

Pennsylvania – Who’s Minding the Store for Legislative Ethics?
Pittsburgh Post-Gazette – Joe Smydo | Published: 12/22/2014

In the past 15 years, more than a dozen legislators in Pennsylvania have been convicted of, or pleaded guilty to, crimes ranging from misusing taxpayer resources to hiding income from a second job to leaving the scene of a fatal accident. Philadelphia District Attorney Seth Williams recently announced bribery and other charges against Reps. Ronald Waters and Vanessa Lowery Brown. Policing lawmakers is a task the state Ethics Commission shares with committees in the House and Senate. Commission Executive Director Robert Caruso said his agency’s work has been challenged in recent years by staffing shortages, budget cuts, and weaknesses in the state ethics law.

Rhode Island – Mollis Concludes Former R.I. Attorney General Lynch Did Not Violate Lobbying Rules
Providence Journal – Katie Mulvaney | Published: 12/18/2014

Secretary of State A. Ralph Mollis concluded former Attorney General Patrick Lynch did not violate Rhode Island’s lobbying law in his interactions with his successor’s office about federal regulation of Internet gambling and other topics. Lynch has claimed his interactions with Attorney General Peter Kilmartin’s office were as a lawyer representing clients and, thus, he was exempt from registering as a lobbyist.

Utah – Tea Partier Braces for Primary Challenge from the Establishment
Politico – Manu Raju | Published: 12/22/2014

What is happening in Utah marks a new chapter in the tea-party-vs.-establishment wars that have defined Republican politics since 2010. At that time, U.S. Sen. Mike Lee seized on conservatives’ frustration with a veteran GOP senator, Bob Bennett, to win the party’s nomination and emerge as one of the country’s most prominent tea party senators. But after four years in Washington, where he has aligned himself with the most conservative wing of the party, some Republicans are weighing whether there is an opening to challenge Lee.

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.

Lobbying

“Waning Influence? Part 3: Ups and Downs, by Industry” by Dan Auble for Center for Responsive Politics

“PSC Rejects FPL’s Lobbying Fee Request” by Susan Salisbury for Palm Beach Post

“Boston-to-D.C. Flights Showcase Region’s Power Players” by Matt Viser for Boston Globe

Campaign Finance

“Wall Street Money Can Predict How Democrats Vote. Here’s How” by Chris Wilson and Pratheek Rebala for Time

“National Parties, Donors Embrace Higher Campaign Limits” by Fredreka Schouten for USA Today

“Ethics Panel Wants State Agencies, Employees to Disclosure Campaign Activity” by Mario Moretto (Bangor Daily News) for Lewiston Sun Journal

Ethics

“Languid, Lax Congressional Ethics Disciplinary System May Pick Up Pace in 2015” by David Hawkins for Roll Call

“‘Boss’ Gifts to Pittsburgh Employees from Peduto Raise Questions” by Bob Bauder for Pittsburgh Tribune-Review

Elections

“The Tortoise and the Hare” by Maggie Haberman for Politico

Redistricting

“Panel Adopts Ideas for Changing Virginia’s Redistricting Process” by Jenna Portnoy for Washington Post

On December 22, the Montana Commissioner of Political Practices’ proposed rule amendment increasing the threshold amount of payment triggering lobbyist registration to $2,500 for 2015 and 2016 was adopted. The payment threshold is adjusted by an inflation factor determined by the commissioner. The previous threshold amount was $2,450 for the calendar years 2013 and 2014.

Lobbying

Arkansas: “Schools Rethinking Gifts to Arkansas Lawmakers Following Passage of Constitutional Amendment” by the Associated Press for Greenfield Reporter

Florida: “Homestead’s Former Mayor Sentenced to 22 Months in Corruption Case” by David Ovalle and Melhor Marie Leonor for Miami Herald

Maine: “Maine Public in the Dark on Local-Issue Lobbying” by Steve Mistler for Portland Press Herald

West Virginia: “Statehouse Beat: Lobbyists change with new Legislature” by Phil Kabler for Charleston Gazette

Campaign Finance

“Here’s Where Campaign Finance Reform May Move Ahead As Congress Dithers” by Paul Blumenthal for Huffington Post

Ethics

Pennsylvania: “Kane’s Account of Sting Draws Increasing Fire” by Craig McCoy and Angela Couloumbis for Philadelphia Inquirer

Pennsylvania: “Who’s Minding the Store for Legislative Ethics?” by Joe Smydo for Pittsburgh Post-Gazette

Wisconsin: “GAB Declined to Reauthorize Walker Campaign Probe” by Patrick Marley and Jason Stein for Milwaukee Journal Sentinel

Wisconsin: “Wisconsin Elections Board Director Defends Work, Structure, Amid Calls for Overhaul” by Scott Bauer (Associated Press) for Minneapolis Star Tribune

Elections

“Tea Partier Braces for Primary Challenge from the Establishment” by Manu Raju for Politico

Redistricting

North Carolina: “NC Supreme Court Upholds GOP-Drawn Legislative and Congressional Districts” by Ann Blythe for Raleigh News & Observer

Lobbying

California: “Santa Monica Could Require Lobbyists to Register” by Nikki Cervantes for Santa Monica Lookout

Pennsylvania: “Pennsylvania Lawmakers Will Be Challenged to Ban Themselves from Taking Lobbyists’ Gifts” by Marc Levy (Associated Press) for Columbus Republic

Rhode Island: “Mollis Concludes Former R.I. Attorney General Lynch Did Not Violate Lobbying Rules” by Katie Mulvaney for Providence Journal

Rhode Island: “Ruling Says Zaccagnino Lobbied for 38 Studios without Registering” by Katie Mulvaney for Providence Journal

Campaign Finance

“New Software Helps Connect the Money Dots in Politics” by Eric Lipton for New York Times

New York: “Hotelier Avoids Prison for Violating Campaign Finance Laws” by Stephanie Clifford for New York Times

Ethics

“Lawyers Create Big Paydays by Coaxing Attorneys General to Sue” by Eric Lipton for New York Times

New Jersey: “New Jersey Paying Fees to a Financial Firm That Employs Christie’s Wife” by Kate Zernike for New York Times

Virginia: “Va. Del. Joseph Morrissey to Resign in Wake of Conviction but Run Again for His Seat” by Rachel Weiner for Washington Post

South Carolina: “S.C. House, Senate Clash over Ethics Reform” by Jeremy Borden for Charleston Post and Courier

Pennsylvania: “Ex-Traffic Court Judge Sentenced to Prison in Bracelet Case” by Julie Shaw for Philadelphia Daily News

Redistricting

Ohio: “Redistricting Reform Plan Passes House, Needs Voter Approval” by Jackie Borchardt (Northeast Ohio Media Group) for Cleveland Plain Dealer

National:

A State Guide to Political Corruption, According to the Reporters Who Cover It
Washington Post – Niraj Chokshi | Published: 12/8/2014

With Congress stuck in the least productive rut in American history, the bulk of important legislative action is taking place in the states. But according to one study, all that power might not be in the best hands. Harvard University’s Edmond J. Safra Center for Ethics published a study looking at state-level corruption throughout the U.S. But instead of relying on conviction data, researchers surveyed some 280 regional reporters and asked them to grade each of the three branches of government in their state on legal and illegal corruption.

Energy Firms in Secretive Alliance with Attorneys General
New York Times – Eric Lipton | Published: 12/6/2104

An investigation by The New York Times found attorneys general in at least a dozen states are working with energy companies and other corporate interests to push back against the Obama administration’s regulatory agenda. The companies in turn are providing them with record amounts of money for their political campaigns, including at least $16 million this year. They share a common philosophy about the reach of the federal government, but the companies also have billions of dollars at stake. And the collaboration is likely to grow: for the first time in modern American history, Republicans in January will control a majority of attorneys general’s offices.

Payouts to McCrory, Sanford from Mortgage Broker Raise Ethical Questions
Charlotte Observer – Michael Biesecker and Mitch Weiss (Associated Press) | Published: 12/16/2014

Soon after taking office, North Carolina Gov. Pat McCrory and U.S. Rep. Mark Sanford accepted six-figure stock payouts from an online mortgage broker, a move that experts say raises ethical if not legal concerns. They were directors at Tree.com, the corporate parent of the website LendingTree. As board members, they were entitled to restricted company stock if they held their positions long enough. Both resigned after their election victories, which would have rendered their unvested stock worthless had the board not taken special action to provide them early payouts. McCrory and Sanford deny they did anything improper by accepting the payments from Tree.com, which were not fully described in their ethics statements.

Federal:

Every Election Is the Most Expensive Election. Or Not.
New York Times – Derek Willis | Published: 12/16/2014

Despite the efforts of the FEC, which has been faithfully disseminating campaign finance data since 1975, there are limitations in the ways that data is collected and summarized that make generating totals and comparisons very difficult. In a paper presented at the American Political Science Association conference this year, Temple University professor Robin Kolodny challenged the idea that we know each election is more expensive than previous ones, or that we even know how much campaigns really cost. Kolodny concludes this lack of knowledge fuels our perceptions of money in politics as an issue.

G.O.P. Angst Over 2016 Led to Provision on Funding
New York Times – Nicholas Confessore | Published: 12/13/2014

A campaign finance provision in the federal omnibus spending bill that will significantly raise certain contribution limits began with what Republican leaders regarded as an urgent problem: how would they pay for their presidential nominating convention in Cleveland in 2016? The talks ended with a bipartisan agreement that would allow wealthy donors to begin giving more than $1 million every election cycle to each party’s national committees.

Jeb Bush’s Decision to Explore Presidential Bid Scrambles the 2016 GOP Field
Washington Post – Matea Gold and Philip Rucker | Published: 12/16/2014

Former Florida Gov. Jeb Bush said he would “actively explore” a presidential run, immediately sending reverberations through the potential GOP field, tying up donors whom other candidates are courting, and forcing contenders to accelerate their own considerations for 2016. Bush became the first Republican to take an overt step toward a White House bid. He announced he would create a PAC, allowing him to raise money and travel the country ahead of an eventual decision.

From the States and Municipalities:

Arizona – Registration Rule for Political Groups Ruled Too Vague
Arizona Daily Sun – Howard Fischer (Capitol Media Services) | Published: 12/6/2014

A federal judge ruled an Arizona law defining a political committee is unconstitutionally vague. Deputy Secretary of State Jim Drake said at the very least, the judge’s order eliminates the requirements for disclosure of funding by groups pushing or opposing ballot measures. It is not unusual for these campaigns to cost millions of dollars. But attorney Paul Avelar of the Institute for Justice said he reads the ruling to apply to all the independent groups pushing to elect or defeat candidates. The order does not bar the state from requiring political committees to register. But legislators will have to redo the law in a fashion that courts find to be constitutional.

Arkansas – Questions Surround Constitutional Amendment on Ethics, Term Limits
Arkansas News – John Lyon (Arkansas News Bureau) | Published: 12/8/2014

Rep. Warwick Sabin and Sen. Jon Woods are aiming to end the confusion surrounding their co-authored and recently passed constitutional amendment, Issue No. 3. But the head of the Arkansas Chamber of Commerce said he expects the amendment to face multiple court challenges. The measure enacts significant ethics reforms for state legislators, such as restricting gifts, eliminating corporate campaign contributions, and extending the lobbying period for former legislators once their service is complete. The amendment also extends term limits to 16 years in either chamber of the state Legislature or a combination of both.

Georgia – State Ethics Agency Faces More Changes
Gainesville Sun – Christina Cassidy (Associated Press) | Published: 12/7/2014

It has been a tumultuous year at Georgia’s ethics commission, which has been hamstrung by a number of lawsuits filed by former employees, personnel issues, and allegations of outside influence with questions raised about its ability to ensure candidates, campaign committees, lobbyists, and others are disclosing their financial activities. Meanwhile, the agency has had 216 open complaints that have been pending an average of three years. A recent audit issued 42 recommendations that state lawmakers might consider to improve the effectiveness and independence of the commission.

Missouri – Ethics Bills Filed to Open Debate on Lobbying and Campaign Finance Rules
Columbia Daily Tribune – Rudi Keller | Published: 12/15/2014

Missouri Rep. Caleb Rowden filed a bill that would ban lobbyists’ gifts to individual lawmakers, their staff members, and families. It also would require subcontracting lobbyists hired by principal lobbyists to disclose the actual client being served. Rowden addresses campaign finance issues by requiring that legislators and statewide elected officials disclose donations greater than $500 within 48 hours during legislative sessions.

New York – After Ethics Panel’s Shutdown, Loopholes Live On in Albany
New York Times – Thomas Kaplan, William Rashbaum, and Susanne Craig | Published: 12/8/2014

Investigators for the Moreland Commission, an anti-corruption panel that New York Gov. Andrew Cuomo created last year, found a slew of questionable activity. But Cuomo abruptly shut down the commission as part of a deal with the Legislature. In Albany, some of the most questionable conduct by elected officials has long been perfectly legal, safeguarded by the only people who can outlaw it: the lawmakers themselves. Before it was disbanded, the commission urged elected officials to close loopholes, toughen criminal statutes, increase disclosure requirements, and restrict how campaign funds could be spent. Now, eight months after its work was cut short, little in Albany has changed.

Ohio – Work of FBI Squad Evident in Columbus Payday Probe
Marietta Times; Associated Press –   | Published: 12/11/2014

Columbus, Ohio’s growing population and increasing sophistication as a metropolis helped drive the FBI’s decision to dedicate a public corruption unit to the city. State Rep. Dale Mallory was fined for accepting Cincinnati Bengals tickets from lobbyists, Sen.-elect Sandra Williams was fined and sentenced to a suspended six-month jail term for selling Ohio State tickets her campaign purchased to a lobbyist and pocketing the proceeds. Two more state lawmakers, then- Reps. W. Carlton Weddington and Clayton Luckie, received prison time in the long-running investigation of payday-lending lobbyists. Two lobbyists also were convicted.

Pennsylvania – Two Philadelphia Lawmakers Charged in Sting Probe
Philadelphia Inquirer – Craig McCoy and Angela Couloumbis | Published: 12/16/2014

In a case that Pennsylvania Attorney General Kathleen Kane said was “not prosecutable,” the Philadelphia district attorney’s office announced felony corruption charges against two state legislators accused of accepting cash from an undercover lobbyist who videotaped the exchanges. Reps. Ronald Waters and Vanessa Brown are charged with criminal conspiracy, bribery, conflict-of-interest, and failure to report on their financial interest disclosure forms – all stemming from allegedly accepting money in exchange for promised political actions. Kane dismissed the case in 2013, citing legal flaws, poor supervision, and a taint of racism to the investigation. District Attorney Seth Williams then took up the inquiry.

Rhode Island – Mollis Adopts Hearing Officer’s Decision that Corso Engaged in Unregistered Lobbying Related to 38 Studios
Providence Journal – Jennifer Bogdon | Published: 12/5/2014

Rhode island Secretary of State A. Ralph Mollis has adopted the decision by a hearing officer that attorney Michael Corso engaged in unregistered lobbying relating to 38 Studios. Corso, whose friendship with former House Speaker Gordon Fox helped bring the now bankrupt video-game company to the state, will face a $2,000 fine if he does not file the required reports. Mollis convened the administrative hearing process after media stories shed light on Corso’s role in advocating for $75 million in state-backed loan guarantees in a jobs-creation bill. The funding eventually went to 38 Studios.

Wisconsin – Republicans Seize on Audit Critical of State Elections Board
Milwaukee Journal Sentinel – Patrick Marley | Published: 12/12/2014

An audit critical of the nonpartisan board that oversees ethics and elections in Wisconsin fueled calls for change from Republicans who control the Legislature. The long-awaited report detailed a number of problems with the Government Accountability Board, which began in 2008. The audit said board staff did not consistently follow a penalty schedule for enforcing campaign finance, lobbying, and code of ethics laws; did not conduct 16 required reviews over a four-year period to identify felons who may have voted illegally; and did not put in place written procedures for considering complaints.

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.