Puaf Final Exam 2013

Front 1

What is a lobbyist?

Back 1

-People that are hired to protect you from legislators
- They try to influence legislation on behalf of a group or individual who hires them

Front 2

Understand what lobbyists can do relative to fundraising:
1) Are lobbyists prohibited to writing personal checks?
2) Can lobbyists have fundraisers?
3) Can lobbyists solicit clients?
4) Can lobbyists have a PAC in their name?

Back 2

1) No
2) No
3) No
4) No

Front 3

What is a standing order?

Back 3

An order from a client indicating whether or not they want to receive notification of specific info

Front 4

If you give a client information without a standing order, what would this be considered?

Back 4

Soliciting. If a client doesn't give a standing order, they can't be given the information

Front 5

1) What is a person?
2) What agencies do you need to deal with as a lobbyist? What are their jobs?

Back 5

1) Human, corporation, partnership
2) State ethics commission(registration and day-to-day regulation of lobbyists), state election board (fundraising, campaign financing)

Front 6

1) What does PAC stand for?
2) Why were PACs established?
3) What do most PACs represent?

Back 6

1) Political Action Committee
2) PACs are political committees organized to raise & spend money to elect/defeat candidates
3) Business, labor, or ideological interests

Front 7

1) In what year were PACs developed?
2) Discuss how PACs developed

Back 7

In 1944, the Congress of Industrial Organizations (CIO) formed the first PAC to raise money to re-elect Pres. Roosevelt. This PAC received money from voluntary contributions of union members - so that it didn't violate the Smith Connally Act of 1943 that forbade unions from contributing to federal candidates.

Front 8

By what name do federal election laws call PACs? Why?

Back 8

Separate segregated funds b/c money contributed to a PAC is placed in a bank account separate from the general corporate or union treasury

Front 9

1) What are two thing that limit PACs?
2) How much money can a PAC give out as an aggregate amount during an election?

Back 9

1) # of campaigns (how many ppl are seeking money; how much they can raise) & philosophy
2) Unlimited

Front 10

1) Whats the most a PAC can get from any one person?
2) Does this amt differ from regular committees?
3) How much can a person contribute in a 4yr cycle?
4) What is an exception to #2?

Back 10

1) $4,000
2) No
3) No more than $4,000 to any one political committee, and a total of $10,000 to all political committees in a 4 yr cycle
4) There's no limit to how much a person can give to a Ballot Issue Committee. Contributions to a ballot issue committee don't count towards to contributor's aggregate contribution limit

Front 11

1) How much can a PAC give to a campaign committee in a 4yr cycle?
2) How much can a PAC give out during an election cycle?
3) Does this amt differ from regular committees?
4) How much can a lobbyist give in an election cycle?

Back 11

1) Max of $6,000
2) Unlimited
3) Yes, they can only give $4,000
4) Up to $10,000

Front 12

1) What commission regulates PACs?
2) What commission regulates lobbyists?
3) Do county officials have the same requirements as state officials in terms of fundraising?

Back 12

1) State ethics commission
2) State ethics commission
3) Yes

Front 13

1) How often does a lobbyist have to register?
2) Aside from this, when else do they need to register?
3) How many times a yr do you have to file your expenses/fees?

Back 13

1) Every yr, twice a yr
2) When they get a new client
3) Twice a yr (end of May & November)

Front 14

1) What is 'not for attribution'?
2) What's the first thing you need to do b4 you speak to the press?
3) Is it ok to say "no comment"?

Back 14

1) Similar to 'off the record'. Negotiation w/a reporter about how, if at all, you're going to disclose in an article
2) They are usually talking to you b/c you represent someone, so make sure you talk to that person so they can give you permission to speak
3) No, you should say "I am not authorized to speak to the media"

Front 15

1) Give two examples of newspapers that are inherently biased
2) What are three parts of a newspaper? Describe them.

Back 15

1) Trade publications, issue papers, Industry papers, AM News, Washington Post
2) Editorial: Gives views/opinions of certain issues or events
News: Contains most important news, usually found on front page, title is big/bold,
Business: Provides business people w/info on banking, foreign exchange rate, stocks, imports/exports, etc.

Front 16

1) Who is ultimately responsible for the campaign file/account?
2) What is an independent expenditure?
3) Difference b/t #2 and spending your own money?

Back 16

1) Treasurer
2) Money spent for or against someone. Must spend more than $10,000 in an election cycle. You can spend this as long as you don't talk to the candidate
3) As a person, you can spend as much of your money as you want on your campaign. You must still remain under the $10,000 giving cap

Front 17

What are the 7 requirements to utilize independent expenditures?

Who must this information be filed with?

Back 17

1) Identity of person making the independent expenditure (who's spending the money)
2) The business address of this person
3) Treasurer or person authorized to act in behalf of #1: name & mailing address
4) Name of candidate you're for/against
5) Are you for or against?
6) Name & address of anyone else involved in spending the funds
7) If a business entity is involved in the independent expenditure, the shareholders and/or owners

State board of elections

Front 18

1) What is an in-kind contribution?
2) What's the one critical element of an independent expenditure that you have to maintain?

Back 18

1) Materials, equipment, or services given w/out charge to the program or organization
2) It must be independent - not in cooperation, consultation or concert w/or at the request/suggestion of the candidate/candidates committee/candidates political party - can't make communication with the candidate

Front 19

1) What is the highest court in MD?
2) What are the highest trial courts?

Back 19

1) Court of appeals
2) District court(w/o jury); circuit court(w/jury)

Front 20

1) When setting up an independent expenditure, when do you file your first report?
2) Can you give a check to a politician?
3) Who's responsibility is it to disclose all information?

Back 20

1) Jan. 15th
2) Never! Give it to the treasurer
3) The person running

Front 21

Two kinds of proofs necessary in law:
1)
2)

Back 21

1) Preponderance of evidence (civil case): centilla: >50%
2) Beyond a reasonable doubt: ~90/94%

Clear & convincing = 60/75% (somewhere in between)

Front 22

1) Name two things needed to find someone guilty
2) Who pays for the death penalty?
3) How long are district and circuit terms?

Back 22

1) Acting as a criminal, Intent
2) The state
3) 10 yrs

Front 23

1) What do we look for in a judge?
2) With whom much a judge have a relationship with?
3) How are judges elected?

Back 23

1) Ability to reason & demeanor (most important-make ppl feel like you're there to serve them)
2) Governor
3) Their names are submitted to the governor and chooses who to appoint

Front 24

1) Can you have a jury in district court?
2) Can you have a jury in circuit court?
3) What is the difference b/t the district and circuit court?

Back 24

1) No
2) Yes
3) District: lower court level (traffic ticket, DUI -quick, involve penalties & fines), no jury
Circuit: intermediate level, penalties are higher, can have a jury

Front 25

1) What is a 'trial de novo'?
2) What are two types of lobbyists?

Back 25

1) Literally = trial beginning again; means to have a another trial
2) Contract: work for a variety of clients (Gerry)
In-house: work for only one entity/interest

Front 26

1) What does it mean to solicit?
2) Is it legal for lobbyists to take legislators to dinner?

Back 26

1) Can't send letter to clients about fundraising events of a senator
2) It's illegal unless the lobbyist invites the committee to dinner - the lobbyist can pay for it and put it on their activity report - this allows clients to get face to face w/their legislators

Front 27

Familiarize yourself with the campaign finances chart on the doc

Back 27

see doc or syllabus