Washington’s grassroots lobbying disclosure law is still safe after a federal appellate court dismissed a challenger’s case. The 9th U.S. Circuit Court of Appeals dismissed the claim by Many Cultures, One Voice and Conservative Enthusiasts challenging the state’s disclosure laws for grassroots lobbying. The law requires groups to disclose contributions and spending once it has spent $500 in one month or $1,000 over a three-month period for grassroots lobbying.

The court ruled the two groups did not have standing to sue, because they never actually met the threshold for having to disclose its activities. Initially, the two groups argued the disclosure requirements thwarted free speech, but the trail court ruled against the groups saying the law did not violate the First Amendment.

The groups are now planning their next course of action. They may petition the appellate court to vacate the trial court’s ruling. If this were to happen, it would free up other groups to challenge the law without the benefit of a prior ruling in favor of the state.

The New York Joint Commission on Public Ethics (JCOPE) is currently in the process of developing draft regulations for the state’s gift laws. These draft regulations will attempt to provide clarity and guidance to those regulated by the commission.

The draft regulations concerning gifts given by lobbyists allow lobbyists to follow a step-by-step guide to determine whether he or she is allowed to legally give the gift. JCOPE is accepting written comments on the draft regulations until February 15, 2013. JCOPE will then use those written comments to draft proposed regulations.

Updated February 13, 2013: The New York Joint Commission on Public Ethics has extended the deadline to submit written comments on the draft regulations to March 8, 2013.

An argument put forth by the Massachusetts Secretary of State’s office requiring lobbyists to disclose every communication with public officials “makes absolutely no sense,” wrote Superior Court Judge Janet Sanders.

Secretary of State William Galvin’s office had argued it has the authority to interpret “all direct business associations with public officials” expansively and require the names of all officials with whom a lobbyist has communicated. In reaction, a lawsuit was brought against the Secretary of State’s office by the ACLU, AirStrategies, the Associated Industries of Massachusetts, Citizens for Juvenile Justice, Common Cause, and the Conservation Law Foundation.

According to the Boston Herald, the arguments in favor of the disclosure requirement were dismissed by the judge in her decision.

Lobbying

“Senate lobbying data revamp causing problems for data watchdogs” by Dave Levinthal in the Center for Public Integrity.

“Lobbyists rush to shape immigration deal” by Kevin Bogardus in The Hill.

Georgia: “Lobbyists asked to sponsor Senate lunches” by Kristina Torres in the Atlanta Journal-Constitution.

Michigan: “Lobbying expenses add up in 2012” by Kristen M. Daum in the Battle Creek Enquirer.

Campaign Finance

Kansas: “House panel may allow politicians to rollover campaign funds” by Tim Carpenter in the Topeka Capital-Journal.

Missouri: “Seminar will focus on Missouri campaign finance laws” by Paul Hampel in the St. Louis Post-Dispatch.

South Dakota: Legislature: “Panel endorses greater campaign disclosure” in the Argus Leader.

Ethics

“Attorneys Want Public Input on Ethics Office Rules Changes” by Amanda Becker in Roll Call.

Kansas: “Bill would set term limits for Kansas Governmental Ethics Commission” by Scott Rothschild in the Lawrence Journal World.

Maryland: “Reprimand, apology recommended for lawmaker” by Erin Cox and Michael Dresser in the Baltimore Sun.

Redistricting

“Emails show legislative staff talked with party over redistricting maps” by Mary Ellen Klas in the Miami Herald.

Campaign Finance

New York: “Newest NY Senator says she’ll fight for campaign finance reform” by Karen DeWitt in North Country Public Radio.

Lobbying

“Unregistered Lobbyists Keep Business Humming” by Kate Ackley in Roll Call.

“Business Roundtable Head Says CEOs Will Be Visible Lobbyists” by Kate Ackley in Roll Call.

California: “Capitol lobbying rises” by Laurel Rosenhall” in the Sacramento Bee.

Georgia: “House vs. Senate on the lobbyist gift ban” by Chris Joyner in the Atlanta Journal-Constitution.

New Jersey:  “State watch: Hidden persuaders and local lobbying” by David Neese in the Trentonian.

Ethics

Nebraska: “Nebraska’s lieutenant governor quits amid scandal” by The Associated Press in the Los Angeles Times.

From the State Legislatures

Nevada: “All you need to know about the 77th Legislature convening today” by Anjeanette Damon and David McGrath in the Las Vages Sun.

Ohio: “Lawmaking 101: There’s a process” by Jim siegel in the Columbus Dispatch.

Wisconsin:“Lawmakers Have Mixed Feelings About Part Time Legislature” Marti Mikkelson on WUWM Milwaukee Public Radio.

NCSL’s “Legislative Social Media Sites”

Open Government

Missouri: “Mo. measure seeks to strengthen open records law” by The Associated Press in the News Tribune.

Ann Ravel, Chair of the Fair Political Practices Commission, has assigned a working group to take on issues relating to lobbying disclosure practices. Currently, lobbying disclosure forms allow reporting of huge sums in a catch-all category requiring no detailed reporting to authorities.

State law allows groups hiring lobbyists to report spending related to lobbying, but not meeting the legal definition of lobbying, as a single lump sum in a category listed as “other payments to influence.” Over the past 12 years, lobbying groups have listed in this category over one-quarter of the $2.9 billion spent on lobbying efforts.

The working group is set to include lobbyists, watchdog representatives, and political lawyers.

Federal:

Menendez Pushes Back on Scandal Implications

On K Street, Score One for the Little Guy

From the States and Municipalities:

Colorado

Accidental E-mail Attachment Gets Lobbyist in Hot Water with Senate Majority Leader

Florida

House Proposes Closing Slush Funds, Raising Contribution Limits

Georgia

Georgia Speaker Unveils Sweeping Ethics Legislation

Hawaii

Lobbying Lessons: What Hawaii can learn from other states

Idaho

Armed Man in Security Video is Sorry He Alarmed Idaho Legislators

Illinois

Ex-Illinois State Ethics Panel Member Gets Ethics Fine

Kansas

Labor Groups Suffer Blow in Kansas House

Michigan

Some Lawmakers Wonder Why It’s Necessary for Michigan to Be One of Only Four States with True Full-Time Legislature

North Carolina

N.C. Budget Chairs Change Seats, Start Lobbying Careers

Pennsylvania

Pa. Lawmaker Seeks to Change Offensive Name of Mountain

Rhode Island

RI Rep: Ban lobbyist contributions during session

South Carolina

Ethics Panel Created by Gov. Haley Releases Report

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.

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A bill was introduced that would prohibit lobbyists from making any political contributions to any member of the Rhode Island General Assembly during legislative sessions.

House Bill 5187, introduced by Representative John Lombardi on January 29, delineates the ban’s time-frame for each annual session from January 1 through July 1.

In his press release, Representative Lombardi states, “Perhaps buying a ticket to a legislator’s fundraiser is done with the best intentions, but it can still appear to be for a different reason entirely. Perceptions are important and there should never be the perception, even if incorrect, that a political contribution is a means to a special favor, to special treatment.”

Lobbying

“Lobbyist for lobbyists steps away” by Dave Levinthal in The Center for Public Integrity.

Florida: “Wilton Manors mayor takes on lobbying ban in county ethics code” by Brittany Wallman in the Sun Sentinel.

Idaho: “Dueling petitions: Signers have some fun at lobbyist’s expense” in the Idaho Statesman.

Campaign Finance

“Obama’s Flip-Flops on Money in Politics: A Brief History” by Justin Elliott (ProPublica) in the Huffington Post.

“Justice to SCOTUS: Don’t allow direct corporate campaign spending” by Alison Frankel in Thomson Reuters.

Florida: “House proposes closing slush funds, raising contribution limits” by Mary Ellen Klas in the Miami Herald.

Indiana: “Some familiar names make campaign-finance violation list” by Kevin Leininger in the News-Sentinel.

Rhode Island: “RI Rep: ban lobbyist contributions during session” by The Associated Press in NECN.

Ethics

Colorado: “Gessler sues ethics commission to stop investigation of his spending” by Tim Hoover in the Denver Post.

Oklahoma: “Oklahoma Ethics Commission hires general counsel” by Michael McNutt in the Oklahoman.

South Carolina: “Disgraced Former Gov. Mark Sanford Is Ready To Make Another Move” by Alan Greenblatt on NPR.

Open Government

South Dakota: “South Dakota lawmakers reject plan to record closed meetings” in the Sioux City Journal.

House Speaker David Ralston has unveiled an ethics reform bill aimed at expanding the definition of a lobbyist and restricting gifts from a lobbyist. House Bill 142 would define a lobbyist to include an individual who advocates for the purpose of influencing a public officer whether the individual is compensated or working pro bono.

The new definition does away with both the $1,000 expenditure and 10 percent time spent thresholds for lobbyist registration. The bill, as originally filed, would ban even the smallest expenditure of a lobbyist if for the benefit of a single member of the General Assembly.

Lobbyists would still be permitted to spend on committees, caucuses, and expenses to public officers for trips to conferences and meetings.

Lobbying

“K Street Files: Defense, Tax Aides Join McBee” by Kate Ackley in Roll Call.

“Lobbying World” in The Hill.

California: “Former assemblyman registers as a lobbyist” by Laurel Rosenhall in the Sacramento Bee.

Georgia: “Georgia speaker unveils sweeping ethics legislation” by Chris Joyner in the Atlanta Journal Constitution.

Missouri: “Lawmaker: Legislators should never become lobbyists” by Bob Watson in the News Tribune.

Campaign Finance

“FEC Increases Contribution Limits for 2014” by Kyle Trygstad in Roll Call.

Montana: “Montana legislators, groups at odds on campaign donation limits” by Mike Dennison in the Missoulian.

New York: “On Campaign Finance Reform, Senate Republicans Stand in Gov. Cuomo’s Way” opinion piece by John Petro in the Huffington Post.

Ethics

“Ethics Office Opened 32 Cases During 112th Congress” by Amanda Becker in Roll Call.

Hawaii: “Honolulu Ethics Commission Wants to Double Its Resources to Fight Public Corruption” in the Hawaii Reporter.

Illinois: “Former state ethics commissioner hit with $2,500 ethics violation” by Rafael Guerrero in the Chicago Tribune.

Maine: “Bill would bar state officials from quitting to immediately work for industries they regulated” by Naomi Schalit and John Christie in the Bangor Daily News.

New York: “NY ethics board talks conflicts in secret session” by The Associated Press in the Albany Times Union.

New York: “Ex-aide to City Controller John Liu snared in campaign finance fraud probe is granted immunity to testify in former treasurer’s trial” by Robert Gearty in the New York Daily News.

South Carolina: “SC Supreme Court to hear Nikki Haley ethics case” by Andrew Shain in The State.

Elections

Michigan: “Snyder nixes plan to split Michigan electoral votes” by Alexander Burns in Politico.

Ohio: “State Sen. Turner proposes election reform package” by Joe Hallett in the Columbus Dispatch.

Ohio: “Secretary of State Jon Husted and other Republicans say Electoral College changes not in store for Ohio” by Henry J. Gomez in the Plain Dealer.

Open Government

Mississippi: “Mississippi gets low grades for transparency on state, local websites” by Donna Harris in the Sun Herald.

South Dakota: “Legislature: Public records plan falls short” by David Montgomery in the Argus Leader.

Lobbying

“K Street Files: New Faces at Harlow Foundation, Thorn Run” by Kate Ackley in Roll Call.

“Abramoff lists 8 tips to overhaul lobbying laws” by Keith Matheny in USA Today.

“10 Strange Lobbying Groups That We Swear Are Real” by Elizabeth Flock in U.S. News & World Report.

Kentucky:  “Kentucky sets lobbying record in 2012” by Phil Impellizzeri in the Bluegrass Institute.

Nevada: “Former Nevada legislative director joins high profile public relations, lobbying firm” by The Associated Press in The Republic.

Campaign Finance

Missouri: “Nixon makes pitch for Medicaid, campaign donation limits” by Virginia Young in the St. Louis Post-Dispatch.

Utah:  “Some ethics bills advance, while calls arise for more” by Lee Davidson in the Salt Lake Tribune.

Vermont: “Ben and Jerry push campaign finance ‘petition on steroids’” Dan D’Ambrosio in the Burlington Free Press.

Ethics

Arizona: “Arizona Democrats introduce trio of ethics bills” by AJ Vicens in Cronkite News.

Arizona: “Arizona Democrats introduce trio of ethics bills” by Mary Jo Pitzl in the Arizona Republic.

New Jersey: “Christie make case for taking over independent agencies” by Matt Katz in the Philadelphia Inquirer.

South Carolina: “Gov.’s commission suggests ‘clean, honest’ ethics plan” by Andrew Shain in The State.

Texas: “Ethics Commission to Debate Fundraising Opinion” by Emily Ramshaw in the Texas Tribune.

Virginia: “Va. lawmakers’ gifts last year were padded with travel” by Bill Sizemore in the Virginian-Pilot.

Redistricting

North Carolina: “Judges to hear N.C. redistricting challenge” by Dale Gibson in the Triangle Business Journal.

Virginia: “Va. Senate OK’s constitutional amendments” by Laura Vozzella in the Washington Post.

Wisconsin: “Rep. Vos subpoenaed in Wisconsin redistricting case” by The Associated Press in the Post Crescent.

The Commission on Ethics Reform, formed by Governor Nikki Haley in October, 2012, has released 23 recommendations following a series of public meetings. Recommendation 12 would revise lobbying definitions to cover individuals who lobby any political subdivision of the state, including counties, city councils, municipalities, school districts, and special purpose or public service districts.

The commission hopes to offset the additional cost associated with expanding lobbying registration and reporting by increasing the registration fee for lobbyists and lobbyist principals. Whether or not the reform recommendations will produce new legislation is up to state lawmakers.

Lobbying

“D.C. Circuit Upholds Conviction of Former Abramoff Lobbying Associate” by Tom Ruger in the Blog of the Legal Times.

Arizona: “Inquiry of Fiesta Bowl lobbyist drags on” by Craig Harris in the Arizona Republic.

Georgia:  “Lobbyist gifts decline amid citizen outcry” by Chris Joyner in the Atlanta Journal-Constitution.

Hawaii: “Hawaii legislators push reforming ethics rules for lobbyists and public officials” by Anita Hofschneider (Associated Press) in The Republic.

Kentucky:  “Some notes on 2012 lobbying spending” by Tom Loftus in the Courier-Journal.

New Mexico: “Lobbyists haven’t reported all event expenses” by Steve Terrell in the Santa Fe New Mexican.

North Carolina:  “N.C. budget chairs change seats, start lobbying careers” by Rob Christensen in the Charlotte Observer.

Washington: “Spin Control: Lobbying season kicks off in Olympia” by Jim Camden in the Spokesman Review.

Campaign Finance

Arizona: “Campaign finance violations targeted” by Yvonne Wingett Sanchez in the Arizona Republic.

Montana:  “Montana bill seeks cash to fight ‘dark money‘” by Matt Gouras (Associated Press) in the Great Falls Tribune.

Ethics

South Dakota: “Sunshine laws draw support, resistance” by David Montgomery in the Argus Leader.

Government Tech and Social Media

“6 Ways to Optimize Gov-to-Citizen Communication” by Colin Wood in Government Technology.

Legislative Issues

Arizona: “Arizona’s new Legislature not demographically representative of population” by Mary Jo Pitzl in the Arizona Republic.