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

<b>Update</b>: October 21, 2009 (see below)<br>
Two interesting issues come out of a long, detailed <a href="http://www.kansascity.com/772/story/1513951.html">Kansas City
<i>Star</i>
article</a> yesterday about Missouri political consultant, and recent
house speaker,
Ron Jetton.<br>
<br>

<b>Political Consultants and the Definition of "Lobbyist"</b><br>
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.<br>
<br>
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.<br>
<br>
<b>Negative Lobbying Isn't Lobbying, Either</b><br>
Jetton has, according to the <i>Star</i> 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).<br>
<br>
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.<br>
<br>
<b>Appearance of Impropriety</b><br>
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 <i>required</i> to register as a lobbyist, doesn't mean it's not the responsible thing to do.<br>
<br>
<b>Term Limits and Contribution Limits</b><br>
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.<br>
<br>
Missouri's combination of term limits and the removal of contribution
limits means that fundraising has gotten out of control. The <i>Star</i> 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."<br>
<br>
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.<br>
<br>
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.<br>
<br>
<b>Update</b>: October 21, 2009<br>
According to <a href="http://primebuzz.kcstar.com/?q=node/20285">an article in yesterday's Kansas City <i>Star</i></a>, 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.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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