Lobbying

“Ethics Panel Eyes Lawmakers’ Meals” in The Columbian

Campaign Finance

“New Study Finds Companies’ Campaign Donations Linked to Lower Tax Rates” by Debbie Freeman for Arizona State University

“Ethics Panel Seeks Change in Law to Stop Candidates from Paying Self from PAC” by Naomi Schalit (Maine Center for Public Interest Reporting) for Lewiston Sun Journal

“Election Ads Were About Issues, Says ‘Carolina Rising’ Chief” by Carrie Levine for Center for Public Integrity

Ethics

“Alcorn County Pays Ex-Lawmaker Thousands for Jail Work” by Emily Wagster Pettus for Hattiesburg Daily American

“Report Suggests Davis Conflict in Nursing Home Case” by Kate White for Charleston Gazette

Elections

“How to Handle a Broken Campaign Promise” by Nathan Gonzales for Roll Call

“L.A. Voters Won’t Be Offered Cash Prizes in March City Election” by David Zahniser for Los Angeles Times

Legislative Issues

“New Leader, New Rules for SC House” by Cassie Cope for The State

“State Lawmakers Poised for Pay Bump” by David Saleh-Rauf for San Antonio Express-News

Lobbying

“Know Before You Go: An ethics overview for Capitol Hill holiday parties” by Kate Ackley for Roll Call

Campaign Finance

“Supervisors Will Give Controversial FPPC Monitoring Plan another Try” by Norberto Santana, Jr. for Kitsap Sun

“Federal Appeals Court Upholds Braddock’s Sentence” by Hugh McQuaid for CTNewsJunkie.com

“Hogan Won with Public Money, but Replenishing the Fund is Uncertain” by John Wagner for Washington Post

“Federal Judge Tosses out FEC Donor Disclosure Rule, Calling it Too Narrow” by Matea Gold for Washington Post

Ethics

Florida: “Broward’s Sharief to Admit Guilt, Accept $3,000 Fine in Ethics Case” by Brittany Wallman for South Florida Sun Sentinel

Indiana: “Legislative Ethics Reformers Walk Fine Line” by Dan Carden for Northwest Indiana Times

Missouri: “Missouri Lawmakers Face Renewed Calls to Change Loose Ethics Laws” by Jason Hancock for Kansas City Star

New Jersey: “Port Authority Employees with Political Ties Still on Job” by Martin Braun for Bloomberg News

Ohio: “Amer Ahmad Sentenced to 15 Years in Prison for Corruption Plot” by Jeremy Pelzer for Cleveland Plain Dealer

Q. For federal income tax purposes, our organization has been using the aggregate amounts reported on our quarterly LD-2 lobbying activity report as our nondeductible lobbying expenses.  Can the expenditures we compile for LDA reporting be used interchangeably for tax purposes?

A. In a word: maybe – It depends on the method of LDA reporting you’ve opted to follow.  If you file your LD-2 report using the IRC definitions (method C), then the number you compile and report on your LD-2 can be used interchangeably for tax purposes.  However, if you compile and report your quarterly lobbying expenditures using LDA definitions (method A), the results will not accurately reflect nondeductible lobbying expenses as defined by the IRS.  Because the definition of “lobbying” differs between the LDA and the IRC, the two compilation methods will produce very different results.  If you use LDA definitions to compile your quarterly LD-2, your organization must employ a second process by which to determine your nondeductible lobbying expenses for tax purposes.  A lobbying registrant can determine each year which method they will use to compile the LD-2 report.  Once a method has been selected, a registrant must use that method for all four quarterly reports during that year.

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

“Bottom Line” in The Hill.

“Job market cools for former lawmakers” by Megan R. Wilson in The Hill.

“Photojournalists hire lobbyists to work on drone rules” by Julian Hattem in The Hill.

Maryland: “With Hogan coming, Annapolis lobbying firms beef up their Republican credentials” by John Wagner in The Washington Post.

Campaign Finance

“Mitch McConnell Rider Could Roll Back Campaign Finance Laws” by Paul Blumenthal in The Huffington Post.

Arkansas: “2016 Campaign Finance Ballot Proposal Submitted To Arkansas Attorney General” by Jacob Kauffman on UALR Public Radio.

Ethics

Maine: “New Maine lawmakers learning about ethics, open records” by The Associated Press in Seacoast Online.

Virginia: “Ethics Commission Recommends New Gift-Giving Rules for Va. Lawmakers” by The Associated Press in The Charlottesville Newsplex.

Elections

New Jersey: “New Jersey Senate votes to expand early voting” by Dustin Racioppi in NorthJersey.com.

Vermont: “The Governor’s Race That Still Isn’t Over: Vermont” by Alan Greenblatt in Governing.

Congress

“Spending, Immigration, and Tax Fights Will Dominate Final Days of 113th Congress” by Billy Housew and Sarah Mimms in Government Executive.

“Congress on the brink” by Jake Sherman and John Bresnahan in Politico.

“Harry Reid threatens recess, Christmas” by Burgess Everett in Politico.

Tech and Social Media

“4 Trends to Watch in 2015” by Stephen Goldsmith in Government Technology.

Lobbying

“Turkey with a side of lobbying” by Chase Purdy and Helena Bottemiller Evich in Politico.

“Celebrity chefs cook up lobbying agenda” by Helena Bottemiller Evich in Politico.

“15 places in DC where lobbyists talk turkey” by Megan R. Wilson in The Hill.

“Russian Firms Hire Lobbyists to Fight Senate Sanctions” by Philip Shishkin in The Wall Street Journal.

Canada: “Lobbyists zone in on zoning” by Jon Willing in the Ottawa Sun.

Florida: “Former attorney general’s contact with Pam Bondi’s office raises questions” by Michael Van Sickler in the Miami Herald.

New Jersey: “See how much those behind N.J.’s Thanksgiving fixings spend in D.C.” on NJ.com.

Rhode Island: “Sanctions sought over Mollis’ role in 38 Studios hearings” by Jennifer Bogdan in the Providence Journal.

Campaign Finance

“Groups funded by secret donors buffeted two dozen House races in 2014” by Matea Gold in the Washington Post.

“The sons (and daughters) of donors also rise” by Kenneth P. Vogel in Politico.

Alaska: “Alaska pot backer ordered to comply with subpoena” by The Associated Press in the Statesmen Journal.

Illinois: “With contribution limits off, Emanuel reels in more cash” by Bill Ruthhart in the Chicago Tribune.

Maryland: “New Maryland rules would curb some uses of campaign funds” by Michael Dresser in the Baltimore Sun.

New York: “House ethics panel defers campaign finance investigation of New York Rep. Grimm” by The Associated Press in the Pittsburgh Tribune-Review.

Utah: “Will Utah Lawmakers Ever Pass Campaign Finance Reform? (Video)” by Bryan Schott in Utah Policy.

Wyoming: “Out-of-state PACs will continue to file paperwork” by Laura Hancock in the Star-Tribune.

Ethics

Massachusetts: “Gov. Deval Patrick Appoints Danvers Selectman to the State Ethics Commission” by Linda Bock in the Danvers Patch.

Elections

Wyoming: “Wyoming tied for third-lowest percent of contested races for state legislature” by Laura Hancock in the Star-Tribune.

Tech and Social Media

“Future of Facebook: Will You Use It in the Office?” by Andrej Sokolow in Government Technology.

Canada: “Canada, welcome to Twitter, eh” by Lori Grisham on USA Today.

Virginia: “City of Williamsburg Honored for Technology Use” by Ian Brickey in the Williamsburg Yorktown Daily.

National:

Governors and Oil Industry Work Hand in Hand in Offshore Drilling Group
Center for Public Integrity – Nicholas Kusnitz | Published: 11/24/2014

For the past three years, a group of eight, mostly Republican governors from coastal states has been lobbying the Obama administration to expand access to the nation’s offshore oil and gas deposits, working through an organization called the Outer Continental Shelf Governors Coalition. A review public documents obtained by the Center for Public Integrity shows much of the coalition’s work has been carried out by HBW Resources and the Consumer Energy Alliance, a group that has channeled millions of dollars in corporate funding to become a leading advocate at the state level for drilling.

Unions Rethink Strategy after Election Losses
Governing – Alan Greenblatt | Published: 11/21/2014

Some union officials want to rethink the labor movement’s approach to politics in the wake of the midterm elections. Having long tied their fortunes to Democrats, at least some union leaders are thinking about returning to the basics of providing professional services to members and emphasizing issues, rather than candidates. “Unions have to be aggressively pushing for the issues we really believe in,” said Gabe Morgan, a Service Employees International Union director in Pennsylvania, referring to the success of minimum wage increases on several state ballots.

Federal:

Meet the New Super Donors
Campaigns & Elections – Kevin Bogardus | Published: 11/24/2014

Lobbyists and other donors can give to as many candidates and groups as they want with no aggregate cap in place as a result of the U.S. Supreme Court’s McCutcheon ruling. The Center for Responsive Politics has found this campaign season that roughly 20 K federal lobbyists have exceeded the now vanquished limit with their political donations for the 2014 elections. Yet lobbyists only make up a portion of this new class of super donor. It has found nearly 500 contributors overall who have passed the old limit, donating $83.7 million to candidates and political committees, about $22.5 million over what they could give under the previous cap.

Some in G.O.P. Fear That Their Hard-Liners Will Alienate Latino Voters
New York Times – Jackie Calmes | Published: 11/21/2014

Some Republicans say their party faces a challenge in framing their opposition to President Barack Obama’s executive action on immigration in a way that does not antagonize Latinos and other minority groups like Asian-Americans, much as Republicans lost African-Americans’ support in the civil-rights era. Many GOP candidates who won in the midterm elections took stands against “amnesty” for those here illegally with little fear of political penalty because few close contests were in places with significant Latino populations.

Survey Says: Constituents lobby best
The Hill – Vickie Needham | Published: 11/20/2014

The Congressional Management Foundation, in a three-year survey of Capitol Hill staffers, found constituent visits to the Washington office (97 percent) and to the district office (94 percent) have “some” or “a lot” of influence on undecided lawmakers, more than any other strategy. The group is releasing a research-based guide for individuals and groups on how to schedule, conduct, and follow-up on meetings with lawmakers. The report explores issues such as the best time to request a meeting, what to discuss, and what are the preferred locations.

From the States and Municipalities:

Alaska – Bill Walker, Next Governor for Alaska, Traversed Unlikely Path
New York Times – Kirk Johnson | Published: 11/24/2014

Earlier this year, Bill Walker was running for governor of Alaska as an independent candidate with no party, little money, and almost no chance of victory two months before Election Day. Incumbent Gov. Sean Parnell, a Republican in a right-leaning state, was facing two opponents on the ballot – Walker and Democrat Byron Mallott – who would most likely split the state’s moderates and liberals. Mallott concluded neither he nor Walker had any hope of winning alone, but together they might have a chance. Mallott forfeited the Democratic Party nomination for governor and joined forces with Walker on the independent ballot line as the lieutenant governor candidate. Walker won the election by about 6,200 votes out of 285,000 cast, one of the closest gubernatorial elections in state history.

Arizona – Horne Pays $10,000 Settlement in Campaign-Violations Case
Arizona Republic – Julia Shumway | Published: 11/20/2014

The Citizens Clean Elections Commission (CCEC) approved a settlement with Attorney General Tom Horne over allegations he used his office staff to work on his failed re-election campaign. Horne did not admit guilt by agreeing to the settlement, but personally paid a $10,000 fine. CCEC Executive Director Thomas Collins said Horne used more than $300,000 worth of state employee time and rent in his unsuccessful race. That amount was not reported on his campaign finance forms.

Connecticut – Lawmakers Look to Close ‘Kennedy Loophole’
The News-Times – Neil Vigdor | Published: 11/20/2014

When Connecticut lawmakers reconvene for the new legislative session in January, the General Assembly is expected to discuss new limits on how much state parties can contribute to individual candidates. The push comes after Ted Kennedy, Jr. received $207,000 in aid from the Democratic State Central Committee for his victorious state Senate campaign, despite being bound by spending limits as a taxpayer-funded candidate.

District of Columbia – Marion Barry, Washington’s ‘Mayor for Life,’ Even After Prison, Dies at 78
New York Times – David Stout | Published: 11/23/2014

Former District of Columbia Mayor Marion Barry, who overcame an embarrassing public drug arrest while in office to return as mayor and city council member, died on November 23 at the age of 78. On January 18, 1990, Mayor Barry was arrested in a Washington hotel room while smoking crack cocaine. The arrest, videotaped in an undercover operation, caused a sensation. While his arrest and his public declaration that he had been set up defined Barry for the nation, his role in the city as the pre-eminent political leader and champion of the underclass continued to thrive. The former civil rights activist remained beloved as an advocate of what he called the “last, the least, and the lost” and of the city’s continuing struggle for self-determination.

New York – Text Me the Money: New form of donations coming to city campaign finance program
Gotham Gazette – Kristen Meriwether | Published: 11/24/2014

The New York City Campaign Finance Board is expected to pass new rules that will govern how campaigns accept contributions via text message. A 2013 law allows candidates running for local offices to accept contributions through what is typically a cell-phone-based format. If a text-message donor is a New York City resident, the given funds will be eligible for public matching dollars. The proposed rules will limit text message contributions to $99. There was no objection to the donation limit at a recent hearing, but there was discussion about the rules regarding the timing of texted contributions.

Rhode Island – Rhode Island Investigating Former State Attorney General
New York Times – Eric Lipton | Published: 11/21/2014

The Rhode Island secretary of state’s office said it has asked ex-state Attorney General Patrick Lynch for more information about his interactions with his former office in an attempt to determine whether he should have registered as a lobbyist. Lynch has told the Associated Press he was not lobbying and had complied with all laws. The investigation of comes in response to an article in The New York Times that examined the surge in lobbying of state attorneys general across the country, much of it by former officials like Lynch.

Virginia – Va. State Senators Propose No Gifts More Than $100 for Officials
WUSA; Staff –   | Published: 11/24/2014

Two Virginia senators have written a bill that would eliminate gifts of more than $100 for officials or employees of state government agencies. The bill would also require review of any intangible gifts, including compensated travel or event ticket, by the Conflicts of Interest and Ethics Advisory Council.

Washington – Washington’s Lobbying Corps Populated By Former Lawmakers, Staffers
KUOW – Austin Jenkins | Published: 11/19/2014

Unlike 32 other states, Washington does not require a waiting period to slow the “revolving door” from state service to lobbying. The New York Times recently reported that former Washington Attorney General Rob McKenna was lobbying his former office less than a year after he left his position. There are 960 registered lobbyists and lobbying firms in Washington state; among them are several former government insiders such as lawmakers, agency directors, and key staffers. Rep. Reuven Carlyle announced his intention to introduce legislation in January to require a waiting period.

Wisconsin – John Doe Froze Conservative Speech, Targets Say
Wisconsin Reporter – M.D. Kittle | Published: 11/23/2014

Targets of Milwaukee County District Attorney’s John Chisholm’s investigation of Wisconsin conservatives say the probe effectively chilled conservative donors and volunteers during the midterm elections. “We spent, but we didn’t spend like we did in the last couple of cycles, and I believe a good part of that was related to the John Doe investigation,’ said one source, whose organization has been targeted in the politically charged inquiry.

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

“Governors and Oil Industry Work Hand in Hand in Offshore Drilling Group” by Nicholas Kusnitz for Center for Public Integrity

“Lobbyists Fund Hill Portraits as Lawmakers Target Paintings of Cabinet Members” by Robin Bravender for Environment & Energy Publishing

“Lobby and Consulting Shop McBee Strategic To Be Acquired by Law Firm Wiley Rein” by Catherine Ho for Washington Post

“Lobbyist Fined but Sen. Lara Denies He Was Influenced by Debt” by Patrick McGreevy for Los Angeles Times

“Rhode Island Investigating Former State Attorney General” by Eric Lipton for New York Times

Campaign Finance

“Meet the New Super Donors” by Kevin Bogardus for Campaigns & Elections

“Gov. Brown’s Unnecessary Fundraising Is Certainly Legal – but a Turnoff” by George Skelton for Los Angeles Times

“Lawmakers Look to Close ‘Kennedy Loophole’” by Neil Vigdor for Danbury News-Times

“Donors Build for Future” by Matthew Hamilton for Albany Times Union

“John Doe Froze Conservative Speech, Targets Say” by M.D. Kittle for Wisconsin Reporter

Ethics

“Marion Barry, Washington’s ‘Mayor for Life,’ Even After Prison, Dies at 78” by David Stout for New York Times

Elections

“Some in G.O.P. Fear That Their Hard-Liners Will Alienate Latino Voters” by Jackie Calmes for New York Times

Legislative Issues

“Debbie Dingell Ready for Spotlight as Her Husband, the ‘Dean’ of Congress, Steps Aside” by Sheryl Gay Stolberg for New York Times

Ethics

Hawaii: “Hawaii Attorney General to Appeal Financial Disclosure Ruling” by Nathan Eagle for Honolulu Civil Beat

Indiana: “Indiana Ethics Chief Seeks Changes after Scandals” by The Associated Press for Indianapolis Business Journal

Michigan: “State Employees Fired, Disciplined after Accepting Gifts from Grandville Contractor” by Emily Lawler for MLive.com

Pennsylvania: “Final 2 Pa. Turnpike Public Corruption Defendants Plead Guilty, Receive 5 Years of Probation” by Mark Scolforo (Associated Press) for Columbus Republic

Lobbying

“Washington’s Lobbying Corps Populated By Former Lawmakers, Staffers” by Austin Jenkins for KUOW

Campaign Finance

“Senate Pockets More than $4 Million of Campaign Cash” by Kellan Howell

for Washington Times

Arizona: “Horne Pays $10,000 Settlement in Campaign-Violations Case” by Julia Shumway for Arizona Republic

Ohio: “Ex-Suarez Corp. CFO Michael Giorgio Sentenced to More Than 2 Years in Prison – Nearly Double Ben Suarez’s Time” by James McCarty for Cleveland Plain Dealer

On December 1, 2014 Bill Walker will be sworn in as Alaska’s governor. If you are planning involvement in inaugural events, be aware of the gift and campaign finance laws.

Lobbyists and non-lobbyists may provide legislators with tickets or contributions to a preapproved charity event with an annual aggregate value of less than $250.

Executive branch officials are prohibited from accepting gifts that may improperly influence the official. A gift from a lobbyist to a public official or to an immediate family member is presumed to be intended to influence the performance of official duties unless the giver is an immediate family member of the person receiving the gift. Occasional gifts of $50 or less from a non-lobbyist are presumed not to improperly influence.

Corporate contributions are prohibited in Alaska. Additionally, candidates are unable to use campaign funds for inaugural expenses until they receive an opinion from APOC designating inaugural activities as reasonably related to their political campaign. Use caution if asked to make contributions for inaugural events.

Hawaii’s Governor-Elect, David Ige, is scheduled to be inaugurated on December 1, 2014. There are several things to keep in mind if you are considering involvement in inaugural events.

In Hawaii neither lobbyists nor non-lobbyists are permitted to provide event tickets to state legislators or employees.

If you intend to make a contribution to defray inaugural expenses, keep in mind contributions made or accepted for that purpose are subject to ordinary contribution limits. Individuals, partnerships, noncandidate committees, parties, associations, corporations, business entities, organizations, and labor unions may contribute up to $6,000 per election period to a candidate for a four-year statewide office.

For the offices of governor and lieutenant governor, the four-year contribution period ended on election day. Contributions made to a candidate’s committee on or after November 5, 2014, will count towards the 2018 election period limits.

National:

A Citizen’s Guide to Buying Political Access
New York Times – Tara Siegel Bernard | Published: 11/18/2014

A recent study provides some confirmation of what many voters have long assumed: campaign donations buy access to politicians. Precisely how much money it takes to gain access is up for debate, and it will vary across offices, but even politicians themselves have admitted big donors get special treatment. As long as there is not an exchange of money for favors, the potential influence of large donors has been deemed acceptable by the U.S. Supreme Court, which in recent decisions relaxed rules on financing campaigns. At the state level, research has found money is more influential in some Legislatures than in others, and what is considered a meaningful donation will also differ.

Federal:

How the GOP Used Twitter to Stretch Election Laws
CNN – Chris Moody | Published: 11/15/2014

The National Republican Congressional Committee and a pair of GOP-aligned outside groups, the American Action Network and American Crossroads, used anonymous Twitter accounts to share polling information ahead of the 2014 elections, according CNN. That allowed them to skirt rules banning private sharing of information between outside groups and the national parties, rules that have been increasingly circumvented as campaign finance laws have crumbled in the wake of the U.S. Supreme Court’s Citizens United decision. There are still rules preventing direct coordination but campaigns and committees often publicly post information, messaging, and video footage in order to let super PACs and other outside groups use the information.

New Senators Tilt G.O.P. Back toward Insiders
New York Times – Jeremy Peters | Published: 11/15/2014

When Republicans take over the U.S. Senate in January, the 11 men and women of the party’s freshman class will be, with a lone exception, people whose careers blossomed inside the government bureaucracy. They are a counterintuitive fit with the anti-government, anti-establishment fervor that has energized the GOP of late. And their victories seem hard to reconcile with the strong hostility toward government institutions that dominated the recent midterm elections.

Top Spenders on Capitol Hill Pay Billions, Receive Trillions
Sunlight Foundation – Bill Allison and Sarah Harkins | Published: 11/17/2014

The Sunlight Foundation has devised a new way to gauge how much power corporations wield in Washington, D.C. The foundation took the 200 corporations most active in the capital, analyzed the years 2007 to 2012, and applied several metrics: what the companies got in federal contracts and other federal support, what they spent on lobbying, and how much their executives and PACs gave in campaign contributions. Bill Allison, the foundation’s editorial director, said the top 200 corporations accounted for nearly $6 billion in lobbying and campaign contributions; those same companies benefited from more than $4 trillion in federal contracts and assistance.

From the States and Municipalities:

Idaho – Lawyer-Lobbyists Influence Idaho Law
Idaho Statesman – Audrey Dutton | Published: 11/19/2014

Roy Eiguren, a 62-year-old Boise attorney and lobbyist, remembers a day in 2004 when Idaho lawmakers in a special session started at 8:30 a.m. and had an electric-utilities bill on the governor’s desk by 4 p.m. Eiguren was the primary draftsman on the bill. “… It was, I think, a great example where a lawyer who is a lobbyist can play a very significant role,” said Eiguren. He and other lawyers say they happened into lobbying and have witnessed a transformation in Idaho politics and Capitol culture.

Maine – Maine Ethics Commission Wants More Money to Shed Light on Campaign Spending, Lobbying
Lewiston Sun Journal – Mario Moretto (Bangor Daily News) | Published: 11/19/2014

The Maine Commission on Governmental Ethics and Election Practices is looking for additional funding to increase transparency on the financing of campaigns and lobbying. The request would divert all of the revenue from lobbyist registration fees to the commission. The agency currently receives half of all lobbying fees, and the other half goes to the state’s General Fund. “… The commission staff would like to propose that our agency receive the entire fee and use the increased revenue for [information technology] expenses to better disclose lobbying and campaign finance information to the public,” said Executive Director Jonathan Wayne.

Massachusetts – Baker Limits Corporate, Lobbyist Gifts to Inauguration Committee
Boston Globe – David Scharfenberg | Published: 11/19/2014

Massachusetts Gov.-elect Charles Baker set a $25,000 limit on corporate contributions and a $250 cap on lobbyist gifts to his inauguration committee. Donations to inaugural committees are closely watched. Gov. Deval Patrick collected donations of up to $50,000 in the run up to his first inauguration in 2007, a five-day $1 million celebration. Boston Mayor Martin Walsh solicited gifts of up to $25,000 before his swearing-in.

Michigan – Which Lobbyists Interact with Your Lawmakers?
Lansing State Journal – Justin Hinkley | Published: 11/15/2014

Critics say two decades of term limits have drained institutional knowledge from the Michigan Legislature. In response, lobbyists in Lansing have launched a series of forums to train their peers on best practices for the industry as watchdogs call for more transparency. A movement also is afoot to change term limits in the state, though that is not specifically related to lobbying. “People aren’t always up to speed on the rules, the unwritten ones and the written ones, and because of that, there’s the potential for sloppiness,” said Rob Fowler, chief executive officer of the Small Business Association of Michigan.”

Mississippi – Federal Panel Upholds Mississippi Campaign Finance Law
Biloxi Sun Herald; Associated Press –   | Published: 11/14/2014

A federal appeals panel upheld the constitutionality of a Mississippi campaign finance law that requires reporting by people or groups that spend at least $200 to support or oppose a ballot initiative. The three-judge panel of the Fifth U.S. Circuit Court of Appeals reversed a 2013 decision by U.S. District Court Judge Sharion Aycock, who found the $200 reporting threshold too burdensome for smaller groups. The appeals panel said Mississippi’s reporting requirements are similar to those of other states.

Missouri – Missouri Attorney General Puts Limit on Contributions
New York Times – Eric Lipton | Published: 11/19/2014

To repair his reputation, Missouri Attorney Chris Koster has announced self-imposed guidelines on what campaign donations he will accept as he runs his office while also running for governor in 2016. He has been hurt by reports that his office may have given preferential treatment to campaign donors and lobbyists. Under Koster’s new policy, he will no longer accept donations from individuals or companies that are the subject of an ongoing investigation or one that has been resolved in the prior three months, nor will he accept contributions from any lobbyists, attorneys, or law firms who represent them. He also announced he would no longer take gifts of any value from registered lobbyists.

Rhode Island – Patrick Lynch Lobbied Rhode Island Attorney General’s Office for Years but Never Registered
The Daily Journal – Michelle Smith (Associated Press) | Published: 11/17/2014

Since his tenure as Rhode Island’s attorney general ended, Patrick Lynch has lobbied his former office several times, but he has never registered with the state as a lobbyist. Lynch denies his communications constitute lobbying. But in emails sent by him and his assistant, Lynch pushed for actions on topics including online gambling and concerns about business practices by Google. Under state law, lobbying is defined as seeking to promote, oppose, or influence decisions or actions by the executive branch, including decisions by the attorney general’s office. Lobbyists are required  to register annually with the secretary of state’s office and file twice-yearly reports.

Virginia – McAuliffe’s Ethics Panel Recommends Changes on Gift, Disclosure, Conflict Rules
Richmond Times-Dispatch – Jim Nolan | Published: 11/14/2014

Virginia Gov. Terry McAuliffe’s government integrity commission agreed to preliminary recommendations that would limit the value of gifts lawmakers could receive but would also weaken disclosure rules. The commission proposed a ban on gifts exceeding $250, with the exception of trips cleared in advance by an independent board with the authority to investigate malfeasance and impose fines. Although lawmakers currently have to disclose gifts worth more than $50, under the commission’s proposal, that threshold would increase to $100. The commission must deliver its full recommendations to McAuliffe by December 1.

West Virginia – Ethics Commission Hires Stepto as Director
Charleston Gazette – Phil Kabler | Published: 11/13/2014

The interim executive director of the West Virginia Ethics Commission has been given the job permanently. Rebecca Stepto was chosen from among 15 applicants. Stepto became interim executive director after the commission fired Joan Parker without explanation.

Wisconsin – Did Senators’ Sendoff Violate Wisconsin Lobbying Law?
Wisconsin Reporter – M.D. Kittle | Published: 11/19/2014

The farewell reception for retiring Wisconsin Sens. Tim Cullen, Bob Jauch, and Dale Schultz was attended by a slew of prominent politicians, along with many lobbyists. The fact that the lobbyists paid the $10 entry fee appears to be a violation of state law.  The statute says “no candidate for an elective state office, elective state official, agency official, or legislative employee of the state may solicit or accept anything of pecuniary value from a lobbyist or principal.” There are exceptions to the rules, but they do not appear to apply in this case.

Wyoming – Lawmakers Punt on Campaign Disclosure Bill
Wyoming Tribune-Eagle – Trevor Brown | Published: 11/15/2014

A legislative panel has tabled a proposed bill that would tighten Wyoming’s campaign contribution laws. The proposal sought to force groups who attack or support candidates to disclose their donors. The current law says independent expenditures need to be reported to the state if it “expressly” advocates for the election or defeat of a candidate. The proposed bill said these groups would need to disclose their donors if they “directly or indirectly” advocated for the election or defeat of a candidate. But this caused worries by some that this definition would be overly 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.

Lobbying

“K Street Files: Democratic Lobbyists Still Have Value” by Kate Ackley for Roll Call

“Gov. Brown Holds a Private Reception with Campaign Donors” by Chris Megerian for Los Angeles Times

“Lawyer-Lobbyists Influence Idaho Law” by Audrey Dutton for Idaho Statesman

Campaign Finance

“A Citizen’s Guide to Buying Political Access” by Tara Siegel Bernard for New York Times

“Baker Limits Corporate, Lobbyist Gifts to Inauguration Committee” by David Scharfenberg for Boston Globe

“Pa. Teacher Files Labor Relations Complaint against Union over Political Mailing” by Megan Harris for Pittsburgh Tribune-Review

Ethics

“Bosma: Close cooling-off period loophole” by Tony Cook and Ryan Sabalow for Indianapolis Star

“GOP-Led Committee Rejects KanCare Ethics Probe” by Tim Carpenter for Topeka Capital-Journal

“Texas Governor Perry Loses Bid to Disqualify Prosecutor” by Laurel Brubaker Calkins for Bloomberg News

“Vos’ Attacks on Elections and Ethics Watchdog Draw Return Fire” by Bill Lueders for WisconsinWatch.org

Elections

“New Senators Tilt G.O.P. Back toward Insiders” by Jeremy Peters for New York Times

Lobbying

“Top Spenders on Capitol Hill Pay Billions, Receive Trillions” by Bill Allison and Sarah Harkins for Sunlight Foundation

“Gift Ban Legislation to Get Second Chance as Wolf Pushes Own Ethics Reform” by Andrew Staub for Pennsylvania Independent

Campaign Finance

“Pay-to-Play Restrictions on Government Contracting Under Assault” by Craig Holman for Huffington Post

“FINRA Proposes Pay-to-Play Rules” in ThinkAdvisor

“APOC, Marijuana Activist Charlo Greene Clash over Campaign Disclosure Questions” by Suzanna Caldwell for Anchorage Daily News

“Vincent Gray Rejects Plea Offer; Federal Prosecutors Moving Closer to Indictment” by Mike DeBonis for Washington Post

“Colleagues Defend Councilwoman Debi Rose against ‘Witch Hunt’” by Anna Sanders for Staten Island Advocate

Ethics

“Ethics Changes, Court Rules among First Bills Arkansas Lawmakers File for 2015 Session” by Andrew DeMillo (Associated Press) for The Daily Journal

“Florida Attorney General to Head Group That Financed Her Campaign” by Bill Cotterell for Reuters

“SC House Panel OKs ‘Sunshine’ Proposals” by Jamie Self for The State

Legislative Issues

“Senate Officials Ponder Definition of Journalist for Pressroom Access” by Tim Lockette for Anniston Star

Lawmakers have prefiled a bill to clarify new ethics laws contained in a constitutional amendment passed by voters on November 4, 2014.

The amendment prohibits lobbyist gifts and corporate contributions, but the Ethics Commission needs further legislative authority to enforce the constitutional changes.

Democratic Rep. Warwick Sabin and Republican Sen. Jon Woods filed House Bill 1002 as a shell bill, without any specific proposals, to publicize the issue ahead of the session start date on January 12, 2015.

Photo of the Arkansas State Capitol by jglazer75 on Wikimedia Commons.