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Question

That link is not working for me, sir.

It goes to a url that just refuses to load...

Answer

Perhaps this is what you were looking for:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+2.2-435

Brian W. Schoeneman

Is Brian Moran a registered Virginia lobbyist? I didn't know that.

Not Larry Sabato

Yes, that's it.

DemMom

He's not registered with the Secretary of the Commonwealth as a lobbyist.

Not Larry Sabato

He's a registered federal lobbyist, and the Career College Association has business before the state as well.

The state law does not say prohibited as a state lobbyist- it applies to federal or state lobbyist.

Chris

But he can have been a lobbyist, just not a current lobbyist. So if he resigned before he were to become Chairman, he'd be fine.

FbergDem

Under the state definitions of legislative and executive action, is uses the term General Assembly and Governor. It says nothing of federal lobbying.

This is nothing. Or, you can call Ed Gillespie to get his take on it.

VA Blogger

I like the addition of the flashing lights.

VA Blogger

Also, couldn't he just quit his job as a lobbyist?

FbergDem

http://leg1.state.va.us/cgi-bin/legp504.exe?941+ful+CHAP0937

"Lobbyist's principal" or "principal" means the entity on whose behalf the lobbyist influences or attempts to influence executive or legislative action. An organization whose employees conduct lobbying activities on its behalf is both a principal and an employer of the lobbyists. In the case of a coalition or association that employs or retains others to conduct lobbying activities on behalf of its membership, the principal is the coalition or association and not its individual members.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+2.2-419

"Executive action" means the proposal, drafting, development, consideration, amendment, adoption, approval, promulgation, issuance, modification, rejection, or postponement by an executive agency or official of legislation or executive orders issued by the Governor.

"Legislative action" means:

1. Preparation, research, drafting, introduction, consideration, modification, amendment, approval, passage, enactment, tabling, postponement, defeat, or rejection of a bill, resolution, amendment, motion, report, nomination, appointment, or other matter by the General Assembly or a legislative official;

2. Action by the Governor in approving, vetoing, or recommending amendments for a bill passed by the General Assembly; or

3. Action by the General Assembly in overriding or sustaining a veto by the Governor, considering amendments recommended by the Governor, or considering, confirming, or rejecting an appointment of the Governor.

Not Larry Sabato

The State Party Chairman deals with federal races also, legislators who were in the General Assembly when this was passed in 1994 have told me it was kept INTENTIONALLY vague between federal and state because they didn't want someone coming in as a federal lobbyist who just hires a state lobbyist that reports to them to avoid this law.

Nice try

First, it's not clear that being a federal lobbyist is even implicated by the statute. However, even if it is, this is a ridiculously easy issue to resolve.

2.2-419

"Lobbyist" means:

1. An individual who is employed and receives payments, or who contracts for economic consideration, including reimbursement for reasonable travel and living expenses, for the purpose of lobbying;

2. An individual who represents an organization, association, or other group for the purpose of lobbying; or

3. A local government employee who lobbies.

VA Blogger and others are correct; the definition is ALL in the present tense. Brian would have to resign his job with the Career College Association before becoming State Party Chairman, it would seem. However, the prohibition has no time limit (like the federal statute limiting ex-Members). He simply needs to sign his letter of resignation and have received all compensation before accepting the position.

Nice try though Ben.

David S

The statute exists and while one might argue it's specifically about state lobbyists, I'm not sure that Brian Moran is currently a registered lobbyist in Virginia or on the Federal level, either!

The VA check is easy - VPAP: http://www.vpap.org/lobbyists/search?query=Moran&x=0&y=0

Nope, no Brian Moran there.

OK, so it must be a current federal registration, right?

Well I just checked the federal (Senate and House) lobbying disclosures and Brian Moran is not listed in either of them.

Senate: http://soprweb.senate.gov/index.cfm?event=selectfields

House: http://disclosures.house.gov/ld/ldsearch.aspx

Your searching for Registrant in both forms.

These were easy facts to check, too bad they weren't looked up first.

David S

(erm "you're" rather than "your")

Not Larry Sabato

David S, I'd say your comment was dumb, but being after "Not Mame" makes you look ever dumber.

Nice try

What about the statutory definition, Ben? Other than insulting people, do you have any, conceivable argument why Brian couldn't simply resign when he is elected Chairman?

I doubt it. While you've cleverly worded the post in the present tense as well, the implication is that he's prohibited going forth, something I believe I've pretty convincingly demonstrated is untrue.

Not Mame Reiley

Nice Try - You think someone would actually resign a well-paying job to be state party chairman?

This isn't a paid position. It's 4-years as an unpaid shit catching punching bag who has to serve the whims of dozens of egomaniacal elected officials and mentally ill party volunteers.

You have to be crazy to want to take the job to start. But quitting a job to take is the textbook definition of insanity.

Not Larry Sabato

Not Mame- Especially when he took the job because he was near personal bankruptcy after his Governor campaign. Now he is going to quit to be a volunteer? LOL.

Valerie

Vagueness works against enforcement. I've been through that and the Attorney General's office on the definition of "personal use" of campaign funds. If it's vague then at worst they will just point it out. Since it is Virginia law they may decide it only pertains to state lobbying.

You know "Cooch says the feds can't tell the state what to do.!"

http://www.roanokefreepress.com/?p=10180

Oh No

Does Cooch interpret this? Did Brian put us into a position that we have to go groveling to Cooch to get a party chair?

Not Barry O

Pretty sure that no matter what, the law is an unconstitutional restriction on freedom of association. States can't set the rules for who a party accepts and since party chairman isn't a state position it's of no business to the state who a party selects as its chairman.

That said, selecting Moran and fighting this would be the most colossally stupid thing the DPVA has ever done.

Brian W. Schoeneman

Not Barry O, the federal side of this - if the law does bar federal lobbyists - is also likely a violation of the right to petition. There's no compelling government interest served by barring federal lobbyists from serving as a state party official. I can see a better argument for it on the state level, but not the federal.

Unless the Virginia courts have construed the statute to mean only Virginia state-level lobbyists, I think this law isn't going to hold up to scrutiny.

Who Cares

Maybe you shold take a course in reading comprehension. The statute prohibits him from being a registered lobbyist while holding a party chair. One can resign from a lobbying position at any time. The statute does not say, as your headline screams, that having been a lobbyist precludes him from serving as party chair. Yu should stick to election analysis. You are quite good at that. The rest is just utter BS based on who you are pissed at.

Arlington is a wonderful community

I'm sure he can work at the private sector college association without lobbying. The threshold for lobbying is 20% or 2 contacts per quarter. If he does get the DPVA party chair job, he would probably just be hanging his hat at the association anyways.

Then, when he runs for his brother's seat, the private sector colleges (aka the Washington Post Company, who owns Kaplan University) will have the next Congressman for Life in their pocket.

$350k to have him on payroll and not doing shit is a small price to pay for such a direct benefit (either via him or his brother currently). Given Jim Moran's shady financial deals & financial motivations - day trading from his congressional office, marrying an obscenely rich woman, etc. - this would just fit the pattern.

Not BM

Moran works for a firm that lobbies for a shady industry that takes advantage of veterans and minorities. And whether the lobbying is at a federal or state level, he should resign immediately if he wants to be Chair of the DPVA. The last thing we need at this time is to be embroiled in a controversy like this.

kelley in virginia

most men have the financial motivation to marry an obscenely rich woman.

I don't think you should hold that against him

Jack

Since when have the Democrats given a damn about the law? When The Torch was losing badly in NJ, he dropped out and they brought in The Lout to replace him on the ticket, long after the deadline for doing so had passed.

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