Political Consultants, Lobbyists, Term Limits and Contribution Limits in Missouri

Update: October 21, 2009 (see below)
Two interesting issues come out of a long, detailed Kansas City Star article yesterday about Missouri political consultant, and recent house speaker, Ron Jetton.

Political Consultants and the Definition of "Lobbyist"
One involves the definition of "lobbyist." Missouri Revised Statutes §105.470(5)(a) defines "legislative lobbyist" as someone "acting in the ordinary course of employment, which primary purpose is to influence legislation on a regular basis." So if you're a political consultant who also represents companies, and the companies have business before the legislature, and you occasionally put in a few good words for them with the politicians who are dependent on you to bring them big donors (including the clients with business before the legislature), this is not lobbying and you do not have to register or disclose anything.

Section 105.470(1) defines an "elected local government official lobbyist" as "any natural person employed specifically for the purpose of attempting to influence any action by a local government official elected..." Even here, if someone is not employed specifically to influence, but does it as part of, say, promoting a development, that person doesn't have to register or disclose.

Negative Lobbying Isn't Lobbying, Either
Jetton has, according to the Star article, devised a fascinating form of negative lobbying. Representing a major corporate user of electricity from a utility that wants to charge its customers for a new nuclear power plant before it comes on board, Jetton apparently put together a program of mailings and robocalls to people in the district of a state senator who is leading the attempt to allow the utility to pre-charge its customers. The program alerted people to spiraling utility costs, even though they did not get their electricity from the relevant utility. The goal was not informing the public, but using corporate money to pressure a senator to back off (and intimidate others away from supporting the bill).

Another senator, who is one of Jetton's clients (to the tune of $60,000 in 2008 alone), took a strong stand against the bill, and said it had nothing to do with Jetton. But the doubt remains.

Appearance of Impropriety
Whether or not Jetton is a "lobbyist," there is certainly an appearance of impropriety. The best way to get rid of such an appearance is not to represent both politicians and companies with business before them. At the very least, Jetton should register as a lobbyist and make his work transparent. As I keep saying, ethics laws provide minimal standards. Just because you aren't required to register as a lobbyist, doesn't mean it's not the responsible thing to do.

Term Limits and Contribution Limits
The second issue involves term limits. There is something nice about the idea of amateur politicians who cannot remain in office. They ought to be more ethical, more truly interested in spending a portion of their lives working in the public interest. But because amateurs are more in need of help running campaigns and learning the ropes, they are more dependent on party leadership and on political consultants like Ron Jetton.

Missouri's combination of term limits and the removal of contribution limits means that fundraising has gotten out of control. The Star said, "Before the removal of limits, the most someone could contribute to a statewide candidate was $1,350. Now donations of $25,000 or $50,000 are not unusual. In the heat of the 2008 campaign, even six-figure donations were routine, and at least one contribution to a statewide candidate topped $1 million."

It's hard to get six-figure donations without promising something and without using a campaign consultant. This creates the appearance of campaign contributions as legal bribes, and also enables the mixing of lobbying and campaign consulting.

Public campaign financing is the best way to help amateur politicians keep out of trouble. They need public campaign financing more than professional politicians do, and more true amateurs will be attracted by the chance to serve without having to do big-time fundraising.

Update: October 21, 2009
According to an article in yesterday's Kansas City Star, Missouri's governor and legislative leaders are suddenly talking about establishing campaign contributions, and giving the Missouri ethics commission more power and independence. Some are even saying that Jetton might be a lobbyist. After all, it is the Show Me State.

Robert Wechsler
Director of Research-Retired, City Ethics

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