June 7, 2012 •
Ask the Experts – Do I need to register as a lobbyist?
Here is your chance to “Ask the Experts” at State and Federal Communications, Inc.
Q. I am not currently registered as a lobbyist and I would like to send a letter to all state legislators in support of pending legislation. Do I need to register as a lobbyist?
A. The act of sending a letter in support of or in opposition to legislation can be enough to trigger the lobbyist registration requirement in a state. Whether or not registration is required is dependent upon the lobbyist registration threshold in any given state.
Some states have thresholds based on the definition of lobbying whereby engaging in a lobbying activity will require lobbyist registration. For example, in a state where registration is required upon receipt of compensation to encourage the passage, defeat, approval, or modification of legislation by members of the legislature, lobbyist registration would be required prior to sending the letter. Iowa is an example of this type of state.
Other states have thresholds based on the amount of time spent lobbying or preparing to lobby. In Maine, an individual is permitted to spend eight hours lobbying before registration is required. In such a state, tracking your time while preparing the letter will be important in determining if registration is required.
Please consult the lobbyist registration threshold in your jurisdiction prior to sending any correspondence to a public official.
You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@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.
June 5, 2012 •
Take a Look at the Tuesday News Roundup!
The American League of Lobbyists is approaching Congress to make ethics training mandatory for lobbyists. Also, we have campaign finance, redistricting, and social media in today’s summary.
Lobbying
“Lobbyists ask Congress for a mandate on ethics” by Kevin Bogardus in The Hill.
Campaign Finance
“Tammany businessman’s allegedly illegal campaign donations went to Gov. Jindal’s 2007 run” by Claire Galofaro in the New Orleans Times-Picayune.
Redistricting
Iowa: “Redistricting makes for tumultuous Iowa primary” by The Associated Press in the Quad-City Times.
New Hampshire: “Court to hear challenges to NH redistricting plan” by Holly Ramer (Associated Press) in the Boston Globe.
Social Media
“Political campaigns are in a constant technology arms race” by Scott Canon in the Kansas City Star.
June 5, 2012 •
San Diego Ethics Commission to Consider Amendments
Additional lobbyist reporting may be required
The San Diego Ethics Commission is meeting June 14, 2012 to discuss a prepared draft of municipal code amendments concerning campaign related issues, including one which pertains to the lobbying ordinance. Decision point 14 would amend applicable provisions of the lobbying ordinance to require the disclosure of contributions provided to, and fundraising performed for, committees that are primarily formed to support city candidates.
The draft amendments are available on the commission’s website.
The public is invited to provide comment on the proposed amendments at the June 14, 2012, meeting, which will be held at 5:00 p.m. in the committee room on the 12th floor of the city administration building. Correspondence may also be sent by e-mail at: ethicscommission@sandiego.gov.
Photo of the San Diego skyline by Tomcio77 on Wikipedia.
June 1, 2012 •
Do You Have Compliance Questions about Puerto Rico?
State and Federal Communications has your answers!
Sarah Kovit is a Compliance Associate at State and Federal Communications who is a fluent Spanish speaker and who has experience working with Puerto Rican officials and tracking newly enacted legislation. She is here to assist you with your Puerto Rican compliance needs.
According to Kovit: “Navigating the lobbying, political contribution, and procurement lobbying laws in Puerto Rico can be tricky. English copies of newly enacted legislation are rarely available and English language assistance with your questions is not always available. In the last year alone, Puerto Rico has passed a new election code, updated the PAC reporting structure, and created a pay to play law which affects organizations conducting business in Puerto Rico.”
You can contact Sarah Kovit at skovit@stateandfed.com.
June 1, 2012 •
News You Can Use Digest – June 1, 2012
Here are highlights from the latest edition of News You Can Use:
National:
$55 Million for Conservative Campaigns – but Where Did It Come From?
Most Americans Think Campaign Money Aids Rich
Federal:
Acquittal, Mistrial in Edwards Case
Chamber Says It Will Evade Disclosure Ruling by Tweaking Ads
K Street Not Thrilled with Tampa
From the States and Municipalities:
Alabama
Alabama Legislature: Teachers can receive gifts of $25 or less
California
Senators Vote to Give up Free Tickets to Games, Concerts
Delaware
Lobbying Reform Bill Met with Debate
Florida
Florida Candidate Legally Changes Name to Web Address
Georgia
Senate Leader Balfour Piles Up Freebies
Illinois
Quinn Gets Bill to Relax Some Campaign Contribution Limits
Massachusetts
Wary of Fan Anger, Athletes Largely Avoid Political Fray
Ohio
Campaign Donor Limits Scrutinized
West Virginia
Political Groups Test Campaign Laws Ahead of High-Profile W.Va. General Election Races
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.
May 30, 2012 •
Call to Alter Ontario Lobbying Laws
“Times Have Changed”
Ontario Integrity Commissioner Lynn Morrison has called for changes to the province’s Lobbyists Registration Act.
Commissioner Morrison, who is also the Lobbyist Registrar, recommends eliminating the “significant part of duties” threshold for registration of lobbyists. Currently, lobbyists must register only if they spend 20 percent or more of their time on lobbying activities. Ms. Morrison recommends all paid lobbyists register regardless of the time spent lobbying.
She also recommends the Lobbyists Registrar have the power to issue administrative monetary penalties and to introduce and require new categories of information reporting for lobbyists. Additionally, the commissioner recommends the different distinctions between the two types of in-house lobbyists be eliminated.
In an Office of the Integrity Commissioner press release, Commissioner Morrison said, “The registration system has worked well since it was introduced in 1999, but times have changed. The roles of lobbyists and public officials have evolved, making it even more important that a registry provide clear, accessible information on who is lobbying whom, and about what.”
Photo of the Toronto skyline by John Vetterli on Wikipedia.
May 30, 2012 •
Wednesday Campaign Finance and Lobbying News
Record spending, an FEC complaint, lobbying reform, and ALEC in today’s news:
Campaign Finance
“GOP groups plan record $1 billion blitz” by Mike Allen and Jim Vandehei in Politico.
“Mark Kirk hit with FEC complaint by ex-wife” by John Bresnahan in Politico.
Lobbying
“DELAWARE: Lobbying reform bill met with debate” by Chris Barrish in Delmarvanow.com.
“Campaign finance board to investigate ALEC” by Catherine Richert on Minnesota Public Radio News.
May 29, 2012 •
Tuesday News Roundup
Campaign finance, lobbying, and government ethics
Campaign Finance
“Texas leads country in Super PAC giving — by a wide margin” by Emily Wilkins in the Houston Chronicle.
“17 funniest super PAC names” by Politico staff.
Louisiana: “Campaign donations for Gov. Jindal, others under scrutiny” by The Associated Press in the Daily Comet.
“Can State Laws Cohabit With Citizens United?” by Lincoln Caplan in the New York Times.
Lobbying
“K Street not thrilled with Tampa” by Anna Palmer in Politico.
Ethics
“Top N.H. pol quits; lied about work” by Mackenzie Weinger in Politico.
May 25, 2012 •
News You Can Use Digest – May 25, 2012
Here are highlights from the latest edition of News You Can Use:
National:
Study Shows Isolation May Lead to Corrupt State Capitals
Federal:
Researchers Dig Deeper for Dirt on Political Opposition
Study: Congressional speaking levels move back a grade
From the States and Municipalities:
Florida
Appeals Court Upholds Florida’s ‘Electioneering’ Law
Georgia
Republicans Will Vote on Ethics Reform in July
Illinois
Fitzgerald Stepping Down as U.S. Attorney in Chicago
Kentucky
Gov. Steve Beshear’s Backers Given Help on Kentucky Derby Tickets
New York
New NY Rules May ID Donors to Group Backing Cuomo
North Carolina
Federal Judge Strikes Down NC Rescue Funds for Public Financing for Appellate Court Candidates
North Carolina
N.C. House Speaker’s Staffers Receive Month of Pay after Resignations
Pennsylvania
Amid Charges, Critics Call for Justice Joan Orie Melvin’s Resignation
Pennsylvania
Capitol Rallies Not Persuasive, Pennsylvania Lawmakers Say
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.
Limits and Reporting
Nevada Assemblyman Pat Hickey has called for campaign finance, lobbying, and ethic reforms.
Assemblyman Hickey’s recommendations include expanding the reporting of lobbyists’ expenditures to include those made when the legislature is not in session, limiting political contributions to PACs, and creating a ‘cooling off’ period before an ex-legislator may become a lobbyist.
As reported in the Las Vegas Sun, the Assemblyman is also suggesting there be ‘real time’ reporting of political contributions.
Assemblyman Hickey made these recommendations at a news conference and has not yet requested a draft bill for these proposed changes. The Nevada Legislature currently is not in session and not scheduled to meet again until 2013.
More information from the Las Vegas Sun can be found here and here.
Photo of Assemblyman Pat Hickey courtesy of the Nevada Legislature Website.
May 22, 2012 •
Campaign Finance and Lobbying News Report
Keep up with the latest articles about lobbying and campaign finance:
Campaign Finance
“How Citizens United Is Affecting Campaigns” by Stuart Rothenberg in Roll Call.
Massachusetts: “Mass. towns push against Citizens United” by The Associated Press in the Boston Globe.
Nevada: “Assembly GOP leader calls for campaign transparency” by Ed Vogel in the Las Vegas Review-Journal.
Nevada: “Attempt to amend campaign finance not a new concept, but will it work this time?” by David McGrath Schwartz in the Las Vegas Sun.
Lobbying
“White House visitor logs provide window into lobbying industry” by T.W. Farnam in The Washington Post.
“To get a voice in Tallahassee, local governments spend millions on lobbyists” by Tia Mitchell in The Miami Herald.
May 21, 2012 •
Lobbyist Gift Issue Makes the Georgia GOP Ballot
Non-binding vote will gauge voter support
Republican voters will answer whether they want to limit how much lobbyists spend on state lawmakers. State Senator Josh McKoon said party officials have agreed to include the non-binding advisory question on the July 31st primary ballot.
Senator McKoon filed legislation earlier this year that would have set a $100 cap on lobbyist gifts to lawmakers and set a limit of $750 for travel, meals, and accommodations for conferences and speaking engagements for legislators. While the bill did not have much support among lawmakers, the ballot question is a chance to survey voter opinion of the issue.
May 18, 2012 •
News You Can Use Digest – May 18, 2012
Here are highlights from the latest edition of News You Can Use:
National:
ALEC Memo Instructed Members to ‘Navigate Away’ from Tough Questions
Protesters Disrupt WellPoint Annual Meeting
Federal:
Court Ruling May Force Advocacy Groups to Disclose Secret Donors
Ex-Lawmakers on K Street Avoid ‘Scarlet L,’ Shy Away from Registering as Lobbyists
Gay Political Donors Move from Margins to Mainstream
From the States and Municipalities:
Arizona
State Legislator Arrested in FBI Sting
Kentucky
City Paid Louisville Metro Councilwoman’s Grandson While Jailed
Missouri
Rush Limbaugh Inducted into Hall of Famous Missourians
Missouri
Spence Criticized for Handing Out Sports Tickets to Lawmakers
Montana
Judge Strikes Down More Election Laws
New York
Business Lobby Supporting Cuomo Files Late Data
New York
Study: Matching funds up donor diversity in NYC
Tennessee
Tennessee Legislative Event Costs Totaled
Wisconsin
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.
May 18, 2012 •
Delaware House Approves Lobbyist Reporting Bill
Governor expected to sign bill into law
Delaware is now a signature away from adding to its lobbyist reporting requirements. On Thursday, the House passed Senate Bill 185, leaving the bill only a governor’s signature away from becoming a law.
The bill requires lobbyists to report to the Public Integrity Commission the identity of each bill, resolution, or regulation they have lobbied for or against. These reports would be due within five days after the first direct communication a lobbyist makes. The Public Integrity Commission will make the reports available online so that the public will be able to see who is lobbying on each measure going through the legislature.
If the governor signs the bill, which he is expected to do, the law would become effective in 2013.
Photo of Legislative Hall in Dover courtesy of Joshua Daniel Franklin on Wikipedia.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.
