Campaign Finance

“Gessler: Campaign finance laws fail” by Joe Hanel in the Durango Herald.

Lobbying

“Ex-Rep. Davis, Bates Team Up” by Kate Ackley in Roll Call.

“Activists press SEC to expose political giving of US companies” by Kevin Bogardus in The Hill.

Ethics

“Ethics Commission to consider taking over watchdog job from Austin prosecutors” by Mike Ward in the Austin American-Statesman.

Government Tech

“Dashboard Government: The Politics of Measurement” by David Eaves in Politico.

The Ethics Commission is considering ways in which an individual’s role in fundraising may be more accurately disclosed on the lobbyist quarterly disclosure reports. Currently lobbying firms and organization lobbyists must disclose the total amount of all contributions attributable to a reportable individual who has any degree of fundraising responsibility.

For individuals with limited involvement on a host committee, the total amount raised at a particular event may not be reflective of the individual’s limited fundraising efforts. In response, the commission’s staff has prepared three alternative options.

One option would simply allow notation on the report when the individual is not solely responsible for the amount raised. The other two options would amend the lobbying ordinance to remove the dollar amount disclosure requirement for those “assisting a host committee,” or to require reporting of only the amount an individual knows or has reason to know where collected as a result of his or her solicitations.

Discussions on this matter will be held at the commission’s December 13, 2012 meeting at 5:00 p.m. in Room 202 of Council Committee. Feedback may also be sent by email to ethicscommission@sandiego.gov.

Seal of San Diegocourtesy of Zscout370 on Wikipedia.

The Ethics Commission will conduct two interested persons meetings following a report comparing the city’s campaign finance, enforcement, and lobbying laws with the laws of the city of Los Angeles.

Discussion topics include whether or not the city should increase pay-to-play restrictions, prohibit political contributions from lobbyists, and whether to adopt more stringent enforcement policies.

The meetings are scheduled for Tuesday, December 4, 2012 at 5:30 p.m. in Room 408 of City Hall and for Monday, December 10, 2012 at 2:00 p.m. in Room 416 of City Hall.

Feedback may also be sent by email to ethics.commission@sfgov.org.

Campaign Finance

“Column: Campaign-finance tweaks can fix big problems” editorial by Peter Schweizer in USA Today.

Missouri: “Missouri House Democrats propose new campaign finance restrictions, stiffer ethics rules” by Chris Blank (Associated Press) in The Republic.

Lobbying

“Lobbying group’s next president expected to fight White House rules” by Kevin Bogardus in The Hill.

“Marlowe to Step Down as Head of American League of Lobbyists” by Andrew Ramonas in The Blog of Legal Times.

“Lobbying World” in The Hill.

“Lobbying, America’s One Truly Unstoppable Growth Industry” by Jim Geraghty in the National Review.

“When ‘Super PACs’ Become Lobbyists” editorial in The New York Times.

“VIDEO: Rep. Shuler Said He Wouldn’t Become A Lobbyist; Now He Will” by David Halperin in The Huffington Post.

Florida: “Slow revolving door to lobbying in Fla. Capitol” editorial in the Orlando Sentinel.

Florida:  “Dorworth has a new career – as a lobbyist” by Jason Garcia in the Orlando Sentinel.

Ethics

New York:  “Ethics panel investigating New York Republican” by The Associated Press in CBS News.

Pennsylvania: “Ethics board fines Philadelphia official for Facebook posts” by Dave Davies in Newsworks.

Redistricting

Montana: “Redistricting panel works on Montana Senate boundaries” by The Associated Press in the Billings Gazette.

Ohio:  “Ohio Supreme Court upholds legislative maps” by Jim Siegel in the Columbus Dispatch.

Massachusetts lobbyists using a LinkedIn online discussion group are not prohibited from soliciting contributions for candidates from the group.

The Office of Campaign and Political Finance (OCPF) issued an opinion, AO-12-03, on November 20, detailing when a lobbyist can solicit contributions on LinkedIn without being considered a regulated intermediary or conduit bundling contributions. The OCPF considers the use of social media, such as LinkedIn, as a “personal service” that is generally exempt from campaign finance limitations or disclosure requirements.

Asking members of a lobbyist’s LinkedIn group “to contribute directly to candidates does not involve ‘arranging’ for the making of contributions” requiring application the law,” the opinion holds. However, a lobbyist could be regulated if contributions are either “‘delivered, whether in person or by mail [by the regulated intermediary], to a particular candidate or such candidate’s authorized committee or agent’ or made ‘in a manner that identifies in writing the person who arranged the making of the contributions.’” For example, in the instance of direct contributions to a candidate, if a lobbyists “actually instructs the contributors to identity, with a note on their contribution checks, the legislative or executive agent as the person responsible for arranging the contribution, the legislative or executive agent would be subject” to regulation.

The restrictions for bundling apply only if at least one of the bundled contributions is more than $156. The OCPF also opined that persons who are not lobbyists may use LinkedIn or similar sites to solicit contributions for candidates, with certain restrictions for public employees.

Mayor Rahm Emanuel is continuing to overhaul the city’s ethics code by introducing another ordinance based on his ethics task force’s recommendations. While this proposed ordinance deals mostly with governmental employees and elected officials, it would also bring some changes to lobbyist registration and reporting.

The ordinance, if approved, will change the definition of a lobbyist. Currently, volunteers, employees, officers, and directors of a not-for-profit entity are exempted from registering as a lobbyist. However, the proposed ordinance will eliminate that exemption and require those members of a not-for-profit entity who seek to influence legislative or administrative action to register as a lobbyist. The proposal does allow the ethics board to create objective criteria allowing for a reduction or a waiver of the registration fees for not-for-profits lobbyists.

Finally, under the proposal, lobbyists would be required to disclose the actual amount of compensation received from employers. Currently, the compensation needs only to be rounded to the nearest $1,000.

Photo of the Daley Plaza and Chicago City Hall by JeremyA on Wikipedia.

Lobbying

“K Street Files: On a Mission, Lobbying Power to the People” by Janie Lorber and Kate Ackley in Roll Call.

“Lobbying is stepped up on ‘fiscal cliff’ talks” by Maria Recio and David Lightman in the Sacramento Bee.

“Influence game: Election over, campaign continues” by Stephen Ohlemacher (Associated Press) in the Abilene Reporter News.

“With second term assured, Obama aides eye jobs as lobbyists on K Street” by Kevin Bogardus in The Hill.

Florida:  “House Speaker Dean Cannon jumps from legislating to lobbying” by Jason Garcia in the Orlando Sentinel.

Missouri: “Freebies from lobbyists becoming harder to track in Missouri” by Virginia Young in the St. Louis Post-Dispatch.

Campaign Finance

“Bevy of Fixes Might Complicate Efforts To Reshape Campaign Finance System” by Eliza Newlin Carney in Roll Call.

“States crack down on campaigning nonprofits” by Matea Gold and Chris Megerian in the Los Angeles Times.

“Democratic super PACs get jump on 2014, 2016” by Kenneth P. Vogel in Politico.

California:  “2 lawmakers accused of money laundering” by Lance Williams in the San Francisco Chronicle.

Ethics

“Ex-state official loses job in ethics flap” by Laura A. Bischoff and Meagan Pant in the Dayton Daily News.

Wisconsin:  “Campaign, county work intertwined under Walker, prosecutor says” by Steve Schultze and Daniel Bice in the Milwaukee Journal Sentinel.

National:

States Challenge ‘Secret’ Campaign Money

Unions Flexed Muscles in State Campaigns

Federal:

David Petraeus Affair Scandal Tests Washington Code

Forget Creativity: Can lobbying be taught?

From the States and Municipalities:

California

Go Lorrie’s Executives Plead Guilty to Money Laundering in 2011 Mayor’s Race

Florida

Homestead Mayor’s Wife Bought Developer’s Mercedes

Georgia

Governor Denied in Bid to Recover Legal Fees from Watchdog

Illinois

15 Members of Joe Berrios’ Family on County, State Payrolls

Ohio

Fix Redistricting? Sure, But How?

Rhode Island

RI Ethics Board to Require Officials to Disclose Out-of-State Travel Expenses Paid by Others

Rhode Island

Struggling RI City’s Ex-Mayor Pleads Guilty to Federal Corruption Charge over Gifts

Washington

Tea Partiers Fight Disclosure Law in the Ninth

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.

The Board of Commissioners of the Georgia Government Transparency and Campaign Finance Commission has issued an order for lobbyists with unpaid fines, fees, and unfiled reports.

The commission will deny lobbyist renewal for 2013 to individuals registered with outstanding fees for previous registrations, supplemental registrations, or identification cards.

The commission will also deny lobbyist renewal to individuals with unpaid fines or unfiled reports previously due.

The order goes into effect on December 16, 2012.

Lobbying

“Targeting the ‘Lobbyist’ Next Door” by Jeanette M. Petersen in The Wall Street Journal.

“K Street Files: The British Are Coming to Venn” by Kate Ackley in Roll Call.

Campaign Finance

“Watchdog group files FEC complaint against Crossroads GPS” by T.W. Farnam in The Washington Post.

“Technology Leaders Endorse Effort to Overhaul Campaign Finance” by Thomas Kaplan in The New York Times.

“California’s political watchdog agency will probe $11 million political donation” by Steven Harmon in the Mercury News.

Michigan: “Campaign finance software updates designed to make filing easier; Candidate committees to experience simpler data entry” in Equities.com.

New York: “NYC Campaign Finance Board Throws The Book At Ex-Brooklyn Councilman Kendall Stewart” by Celeste Katz in New York Daily News.

Ethics

New York: “Annapolis to rewrite ethics rules for elected officials” by Erin Cox in the Baltimore Sun.

“Longtime Oklahoma Ethics Commission workers are honored” by Michael McNutt in the Oklahoman.

National:

If Your Side Lost The Election, Time to Secede from The Union?

Super-Sized Majorities Shift Legislative Power

Federal:

Campaign Finance Reformers Get Back to Work after Record Election Spending

Is Part of Voting Rights Act Outdated, Unfair? High Court to Decide

From the States and Municipalities:

Arizona

Tougher Campaign Finance Disclosure Laws Sought

California

After Election, State Lawmakers and Interest Groups Travel in Tandem

Georgia

Georgia Lawmakers Get Luxury-Box Tickets to Dome

Maryland

Ethics Oversight Board Hasn’t Met in Years

Ohio

Ohio Elections Panel Again Clears Gerald McFaul in Controversial Campaign Finance Case

Oklahoma

Oklahoma Ethics Commission Narrows Field of Applicants

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.

An old lawsuit has been resurrected that could leave Washington’s public disclosure law involving grassroots lobbying in jeopardy. Two groups, Conservative Enthusiasts and Many Cultures, One Message, sued the Washington Public Disclosure Commission in 2010 claiming their free speech rights were violated by the law requiring grassroots campaigns to register and report with the state.

The case was dismissed by a magistrate for lack of standing. However, last week, a three judge panel of the Ninth Circuit Court heard the appeal on the dismissal and will soon be making a decision on the law in question.

At issue in the case will be whether the law is unconstitutionally vague. The law defines lobbying, among other things, as attempting to influence the passage of legislation. Included in the definition of legislation is “any other matter that may be the subject of action” by the legislature. It is this language that is the nature of the lawsuit. The two groups claim that the language is overly vague and includes “an endless possibility of matters.”

Now, it is up to the appellate court to decide whether the case will go back to the trial court for a hearing on the merits and whether the dismissal will be upheld.

Campaign Finance

“Campaign Finance Reformers Get Back To Work After Record Election Spending” by Paul Blumenthal in the Huffington Post.

“Abramoff, Occupy Wall Street join forces on campaign finance reform” by Megan M. Wilson in The Hill.

“U.S. Sen. Sherrod Brown calls for campaign finance reform” by Stephanie Warsmith in the Akron Beacon Journal.

Lobbying

“Lobbyists Woo New Lawmakers in D.C. Mating Dance” by Kate Ackley in Roll Call.

“Incoming freshman lawmakers already have bundlers on K St.” by Kevin Bogardus in The Hill.

“Tax fight sneaks up on K Street” by Bernie Becker and Peter Schroeder in The Hill.

“Rove Super PAC will try lobbying” by Rachel Weiner in The Washington Post.

Florida:  “Cretul, Cannon are lobbyists; former speakers start new firm” by Bill Thompson in the Gainesville Sun.

Ethics

“Secretary of state accused of moving too slow on PAC ethics complaint” by Steve Terrell in the Santa Fe New Mexican.

“Montreal Hackathon Aims to Combat Government Corruption” by Elisabeth Fraser in TechPresident.

Redistricting

“Ohio State Bar Association urges commission to take up redistricting reform” by Kate Irby in the Plain Dealer.

The clerk of the legislature’s office is implementing voluntary electronic filing for lobbyist registration and reporting for the 2013 legislative session.

Paper filings will be accepted through 2014, and mandatory electronic filing will be implemented January 1, 2015.