On August 18, the city of Tempe, Arizona passed an ordinance creating a lobbying law.

Ordinance No. O2016.46 creates a lobbyist registration program requiring an individual to file a registration statement with the city clerk within 10 calendar days. Lobbying is defined as a communication with any public official for the purpose of influencing official action. Lobbyists are required to file annual expenditure reports covering a calendar year no later than January 31 following the reportable year.

The ordinance provides exceptions to registration, definitions, and other information relating to lobbyist disclosure and becomes effective on January 1, 2017.

Photo of the Tempe skyline by Schwnj on Wikimedia Commons.

On August 30, 2016, Gov. Asa Hutchinson announced state Rep. Bill Gossage as his deputy chief of staff for external operations. As a result, Gossage is resigning as the House District 82 representative.

Hutchinson will not call a special election to fill the remainder of Gossage’s term because the vacancy will be filled within 150 days, as required by law. The state Republican party will be responsible for selecting a nominee to run in Gossage’s place.

Gossage was running unopposed in the November 8 general election, and other political parties will be unable to run a candidate in this race as the filing deadline has already passed.

Photo of Bill Gossage courtesy of the Arkansas House of Representatives website.

On September 1, new provisions in the city of Austin’s campaign finance laws take effect.

Ordinance No. 20160623-020 increases disclosure requirements for nonprofits and independent groups making political contributions or expenditures in excess of $500. These organizations are required to report the identities of who contributed to them unless the donation was directed to not be used for political purposes. Contributions for investments and commercial transactions also do not require disclosure of the contributor.

Another part of the ordinance, not effective until February 1, 2017, requires intermediaries transferring more than $500 for political campaign purposes to disclose details of the transfers, including the occupation and employer of the person making the transfer and the purpose and description of each transfer.

The coat of arms of Austin, Texas by Glasshouse on Wikimedia Commons.

Today marks 69 days until Election Day 2016. The end to this year’s election is almost here and we can talk about 2017 after November 8th.

In the meantime, State and Federal Communications is starting its own grassroots movement to Keep US Strong and we have thousands of pins to deliver to you. Just send an e-mail to ebartz@stateandfed.com and we will deliver a box of our VOTE pins to you…And, be on the lookout for our bi-annual VOTE card.

I cannot express how important it is for everyone to VOTE this year. I may be preaching to the choir, but we all know people who are thinking about not voting. Let’s get this movement started to make sure everyone knows how important it is to VOTE.

Does anyone have any question about how I feel about voting? How else can you help?

Glad you asked.

Take senior citizens or anyone with difficulties to your local Board of Elections to VOTE before November 8th. I have taken my parents directly to the Summit County Board of Elections and the staff has noticed and even thanked me for helping.

Work at your Board of Elections on November 8th. I keep wanting to do this and need to stop making excuses about not doing so. Those octogenarians who are currently staffing the voting places aren’t getting younger and we are decades away from on-line voting.

Get out the VOTE pin. We started these in 2012 and it definitely takes time for them to go viral…We have plenty to spare.

Until next month, clear your calendar so you can VOTE on November 8th or make plans to vote early—either at your local Board of Elections or by absentee ballot.

#KeepUSstrong.

Elizabeth Z. Bartz

President and CEO
@elizabethbartz

The California Legislature has been very active in the days leading up to the August 31 deadline for each house to pass bills. On August 30, Assembly Bill 700, a measure that would impose new disclosure requirements for political advertisements, failed by a single vote in the Senate.

Senate Bill 1349 had better luck gaining passage yesterday and is headed for Gov. Jerry Brown’s desk. SB 1349 will require changes to Cal-Access, California’s outdated online campaign contribution and lobbying database.

Photo of the California State Capitol by Griffin5 on Wikimedia Commons.

On September 12, Cristina De Caprio becomes the lobbyist registrar for the city of Toronto, Ontario. De Caprio will replace Stephen Littlejohn, who served as the interim lobbyist registrar following the retirement of Linda Gehrke in the spring.

De Caprio’s duties will include implementing new additions to the lobbying law, which became effective in May. Among those newer responsibilities are the power of the registrar to impose certain conditions on new and existing registrations when a lobbyist has been found in violation of the law. The registrar also has the power to impose a temporary ban against a lobbyist found in violation of the law.

The City Council unanimously appointed Cristina De Caprio as lobbyist registrar at its July meeting.

Photo of the Toronto skyline by Christine Wagner on Wikimedia Commons.

House Speaker Greg Stumbo has called an impromptu meeting of the House of Representatives to discuss the struggling Kentucky Retirement System and Kentucky Teachers Retirement System. Stumbo cited poor returns and high placement fees for investment managers in an email sent to all members of the House.

All members of the House are invited to the Tuesday morning meeting, but Republicans are expected to boycott. Minority Leader Jeff Hoover criticized the timing of the meeting, as it coincides with a Democratic fundraiser taking place in Frankfort.

Hoover was also puzzled by Stumbo’s sudden interest in the topic, arguing the Democrats care now only because it will be an issue in the upcoming elections.

Photo of House Speaker Greg Stumbo courtesy of the Kentucky Legislature website.

Effective September 3, 2016, city elected officials in San Francisco will be prohibited from controlling candidate controlled general purpose committees.

The goal of the new ordinance is to stop elected officials from establishing such committees to use as slush funds for unlimited contributions.

Candidates controlling candidate controlled general purpose committees will be required to return, use, or dispose of all committee funds within 90 days of taking office.

A special election for the North Dakota House of Representatives District 15 will take place on November 8, 2016.

The District 15 seat is vacant following Rep. Curt Hofstad’s recent death due to a heart attack.

Candidates for the special election will be nominated by their parties rather than through primaries.

See what’s happening in government relations this week with our Video Digest. Enjoy!

National:

Inside Facebook’s (Totally Insane, Unintentionally Gigantic, Hyperpartisan) Political-Media Machine
New York Times Magazine – John Herrman | Published: 8/24/2016

Facebook, in the years leading up to this year’s election, has not just become nearly ubiquitous among American internet users; it has centralized online news consumption in an unprecedented way. According to the company, its site is used by more than 200 million people in the U.S. each month. A 2016 Pew study found 44 percent of Americans read or watch news on Facebook. Its algorithms pick text, photos, and video produced and posted by established media organizations large and small, local and national, openly partisan or nominally unbiased. But there is also a new and distinctive sort of operation that has become hard to miss: political news and advocacy pages made specifically for Facebook, uniquely positioned and cleverly engineered to reach audiences exclusively in the context of the news feed.

Study: Outside groups, secret money far more prominent than ever before
Center for Responsive Politics – Robert Maguire | Published: 8/24/2016

A new study shows outside groups that can raise and spend unlimited money, sometimes without disclosing the sources of their funds, make up a larger portion of election spending than at any point in the last 16 years. The two main proponents of the growth in outside groups’ overall share of election advertising are super PACs and politically active nonprofits. The former only came into existence in 2010, and since then has come to dominate the field. Politically active nonprofits, on the other hand, have been active in every cycle going back to 2000, but what may be the same in quality is not the same in quantity. These groups are the driving force behind the growth in “dark money” in elections.

Federal:

Foundation Ties Bedevil Hillary Clinton’s Presidential Campaign
New York Times – Amy Chozick and Steve Eder | Published: 8/20/2016

The Bill, Hillary and Chelsea Clinton Foundation has thrived on the generosity of foreign donors who gave hundreds of millions of dollars to the charity. But as Hillary Clinton seeks the White House, the funding has become an Achilles’ heel for her campaign and, if she is victorious, potentially her administration. With Mrs. Clinton facing accusations of favoritism toward foundation donors during her time as secretary of state, the organization will no longer accept corporate contributions should she win in November. But while the move did not resolve the question of how her administration would handle longtime donors seeking help from the U.S., or whose interests might conflict with the country’s own.

The Lobbying Law at the Center of Manafort’s Trouble with Ukraine
The Hill – Megan Wilson | Published: 8/21/2016

Paul Manafort resigned as Donald Trump’s campaign chairperson after he had been ensnared in a wide-ranging Justice Department investigation about U.S. connections to the alleged corruption by former Ukrainian President Viktor Yanukovych. Questions have been swirling about Manafort’s representation of Yanukovych for years, but recent reports have intensified the drum beats about whether he acted unlawfully as a “foreign agent” by lobbying for a foreign leader without registering that activity. The recent revelations, if true, suggest Manafort could face legal troubles stemming from violation of a World War II-era lobbying statute, the Foreign Agents Registration Act.

From the States and Municipalities:

California – Little-Regulated Accounts Offer a Path to Political Clout in Sacramento
Marin Independent Journal – Jessica Calefati and Kaitlyn Landgraf (Bay Area News Group) | Published: 8/20/2016

Ballot measure committees, the accounts that are supposed to promote or oppose state and local initiatives, are in practice paying for California lawmakers’ consultants and polling firms, new suits, and trips to Mexico. And the money for the politicians’ perks comes in the form of five-figure donations from the same special interests that state rules were intended to curtail. Under the vague language of the law, elected officials can legally operate these committees, but the way they are doing it appears to bend state laws and rules governing how the money may be spent. No state agency adequately monitors the situation. Of the nearly $3 million spent by these committees since 2013, only one dollar out of every four dollars was used to help pass or defeat measures that actually made it to the ballot.

Connecticut – Malloy Releases Funds Withheld from CT Watchdog Agencies
CT Mirror – Keith Phaneuf | Published: 8/19/2016

After criticism from lawmakers and good government groups, Connecticut Gov. Dannel Malloy’s administration relented and restored the $183,000 they had proposed to cut from three watchdog agencies. Following a meeting with the heads of the Office of State Ethics, Freedom of Information Commission, and State Elections Enforcement Commission, the Office of Policy and Management announced it would restore the funding. Office of Policy and Management Secretary Ben Barnes steered clear of acknowledging the budget holdbacks would have violated a 2004 law that prohibits the executive branch from unilaterally cutting the three watchdog agencies. Carol Carson, executive director of the Office of State Ethics, said the agencies are committed to prudently managing their budgets and whenever possible return money at the end of the year to the general fund.

Florida – On 2nd Try, Miami-Dade Commissioners Approve Petition Count
Miami Herald – Douglas Hanks | Published: 8/22/2016

Miami-Dade County commissioners agreed to start counting nearly 130,000 signatures tied to a proposed ballot measure on new campaign finance rules, but warned they still might halt the proposal over concerns raised by county attorneys. Only about 52,000 valid signatures are needed to win a spot on the November ballot. The proposed rules would impose a broad package of restrictions against campaign donations by vendors and lobbyists, prime sources of financial support for county officeholders.

Massachusetts – Donors Behind Charter Push Keep to the Shadows
Boston Globe – Mark Levenson | Published: 8/20/2016

A new $2.3 million ad boosting the expansion of charter schools in Massachusetts lists the campaign’s top five donors on screen, in accordance with state law. But the bland names, including Strong Economy for Growth and Education Reform Now Advocacy, give no hint of who is writing the checks. Four of the five donors to the pro-charter committee are nonprofit groups that do not, under state law, have to disclose their funders, allowing the individuals backing the effort to remain anonymous. The cloak of secrecy surrounding the financing of what could be the most expensive ballot campaign in state history has frustrated election officials and underscored the proliferation of untraceable money in political races across the country.

Missouri – Judge Tosses Out Effort to Keep Missouri Campaign Contribution Limits Off Ballot
St. Louis Post-Dispatch – Kurt Erickson | Published: 8/25/2016

Cole County Circuit Court Judge Patricia Joyce rejected an attempt to remove a voter initiative from the November 8 ballot that would impose limits on campaign contributions in Missouri for the first time since 2008. Attorney Chuck Hatfield said in court that the initiative unfairly limits some classes of businesses and associations from giving money to campaigns, but Joyce ruled the proposal mirrors federal law and is not unconstitutional. The decision will be appealed.

New York – Cuomo Signs Ethics Bill, with Few Cheers
Albany Times Union – Chris Bragg | Published: 8/24/2016

New York Gov. Andrew Cuomo signed legislation that reforms the state’s lobbying, ethics, and campaign finance laws. But watchdog groups criticized the bill for what they say is a failure to address conditions that have fueled some of Albany’s corruption cases in recent years. The new law includes restrictions on independent expenditure groups intended to reduce coordination with a candidate’s campaign. Another provision requires issue-oriented lobbying groups, designated as 501(c)(4) organizations, that spend more than $15,000 in a year on lobbying to disclose donors who give more than $2,500. The previous limits had been $50,000 and $5,000.

New York – NY State Ethics Watchdog Investigating Nonprofit with Ties to Large Corporate Political Donor
Nonprofit Quarterly – Larry Kaplan | Published: 8/23/2016

The New York Joint Commission on Public Ethics is looking into the nonprofit Pledge 2 Protect, created in 2013 to fight a marine waste transfer station on Manhattan’s Upper East Side. By law, nonprofits like Pledge 2 Protect must, if they spend more than $50,000 on lobbying, report the names of donors who contribute more than $5,000. Those amounts would be cut in half under a law awaiting Gov. Andrew Cuomo’s signature. Almost $700,000 made its way to Pledge 2 Protect the year it was formed with no indication of where the money really came from. The money was given first to a law firm, then to the group, so the only name that had to be disclosed was that of the law firm, not the actual donors. Among the opponents of the waste transfer station was Glenwood Management, a real estate firm that figured prominently in the corruption case against former Assembly Speaker Sheldon Silver.

Tennessee – Power Opens Door to Sexual Harassment
The Tennessean – Dave Boucher and Joel Ebert | Published: 8/21/2016

Powerful institutions and harassment at times go hand-in-hand. State Capitols are sometimes hotbeds of sexual harassment themselves. Most Legislatures are largely male, part-time, and require members to travel away from home, creating a fraternity atmosphere. In Tennessee, where 22 out of 132 lawmakers are women and 85 percent are white, the political culture has included limited policies and safeguards, leaving women with few options.

Wisconsin – Ethics Commission Will Be Able to Make Political Donations
Minneapolis Star Tribune – Scott Bauer (Associated Press) | Published: 8/23/2016

Members of the Wisconsin Ethics Commission will be able to make political donations. The commission voted to continue with the current practice allowing them to give to candidates and campaign committees. Nothing in state law bars Ethics Commission members from donating to the very politicians they are regulating. Commission members are partisan appointees, unlike their predecessors on the Government Accountability Board who were judges and prohibited under the law from donating.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

On August 24, 2016, Betsy Kraus Dawson, executive director of the Anne Arundel County Ethics Commission, passed away from cancer at the age of 65.

Dawson served as the executive director for 20 years.

On an undetermined date, a new executive director will be appointed by members of the commission.

Premier Brian Pallister announced the appointment of Andrew Micklefield, Member of the Legislative Assembly for Rossmere, as the government’s new house leader.

Micklefield was preceded by Health Minister Kelvin Goertzen, who held the position as house leader for a decade.

The formal swearing-in ceremony for Micklefield has yet to been determined.

On August 18,  District of Columbia Mayor Muriel Bowser returned an unsigned bill to reform the District’s procurement processes signaling that it can become effective without her signature. On August 24, the legislation was sent to Congress for the 30-day congressional review period needed for enactment. The bill will make procedural changes and establish the Office of the Ombudsman for Contracting and Procurement.

As introduced, the bill had a pay-to-play provision that banned campaign contributors from bidding on contracts over $100,000 for a year after making a donation to a District candidate. The pay-to-play provision was defeated in a council vote and is not part of the final bill.