Sen. Todd Kaminsky and Representative Charles Lavine have introduced a new bill which would amend the penal law relating to unlawful giving. Senate Bill 8169 would close a loophole allowing public officials to receive or give gifts or benefits in excess of $3,000 simply because of their official position.

The bill does not affect campaign contributions, which are already monitored by the Board of Elections.

The legislation is a response to the recent Supreme Court decision in McDonnell v. The United States, which permits officials to receive lavish gifts so long as the gifts are not exchanged for promises to perform governmental acts.

State Sen. John Arthur Smith, chair of the Senate Finance Committee, and Treasurer Tim Eichenberg, have requested Gov. Susana Martinez to call a special session of the Legislature. The oil and gas slowdown has significantly affected the state’s budget, bringing the state’s overall revenue down $446 million for the 2016 fiscal year, which ended on June 30. As a result, the state government now finds itself at least $150 million short of funding to remain solvent throughout the calendar year.

Eichenberg indicates a failure to call a special session could result in the treasurer’s office failing to honor payments necessary to critical government functions such as schools, police, and prisons.

Photo of the New Mexico State Capitol by Urban on Wikimedia Commons.

Former House Speaker Ken Martinez has resigned from the Legislature, effective Wednesday, July 20. Because Martinez was not seeking re-election this year, Harry Garcia, a businessman from Grants, has already been elected to Martinez’s seat serving House District 69, beginning in January.

Gov. Susana Martinez may choose an interim successor to serve until Garcia’s term begins once she receives recommendations from the six counties the seat represents, which include Bernalillo, Cibola, McKinley, San Juan, Socorro, and Valencia.

I was honored to be asked to speak at the Republican National Convention (RNC) as part of a panel on the Republican Leadership Initiative (RLI), which is the party’s 2016 program for grassroots campaigning and volunteer recruitment. I was asked to be on the panel because I am an RLI Fellow and also because of my past political activities, including interning for Senator Voinovich in Washington D.C., volunteering at the 2008 RNC, interning on Rob Portman’s 2010 Senate campaign, working as a field director for Romney for President in Florida, and working for multiple small, political businesses. Since the convention did not convene until the evening, there were breakout sessions and events scheduled during the day for delegates and guests to attend.

This official RNC event was held July 19 and took place at the brand new Hilton on Lakeside Drive. The program started with an in-depth look at the RLI. So far the program has over 20,000 applicants and is still accepting more participants. Then there was a question and answer period, and because of my previous experience, I was able to discuss how the RLI has improved Republican campaigning. In previous election cycles, staffers and volunteers were focused on two activities: phone calls and door-to-door.

This year, the RLI is teaching leadership skills, the latest campaign technology, the importance of voter registration, and how to build a volunteer network. By preparing staffers and volunteers, it creates a larger support system and it’s easier to become involved. Unfortunately, I cannot be as involved this election as I have in previous years, but the RLI allows me to stay invested and contribute as much as I can.

I’m thankful State and Federal Communications provided me with the ability to take the day for this wonderful experience. Overall, it was a great event, and it’s a day I will always remember.

On July 19, the Rhode Island Ethics Commission voted unanimously to bar people from filing ethics complaints 90 days before a general election. The commission still reserved the right to lodge its own internal complaints during the 90-day period.

With this rule, the commission believes it will prevent frivolous complaints, designed to influence elections, from being filed.

In 2016, the moratorium will begin August 10 and last until November 8, the date of this year’s general election.

State and Federal Communications is proud to sponsor WKSU’s coverage of the Republican and Democratic National Conventions!

The American Civil Liberties Union is suing the Kansas secretary of state, Kris Kobach, over a temporary regulation tossing votes from individuals who registered at a state motor vehicle office.

The ACLU claims the regulation violates both Kansas law and the state constitution. The rule allows those who did not show proof of citizenship to cast ballots in federal, but not state, elections.

Federal law allows people to register to vote at local motor vehicle offices. The rule was approved by the State Rules and Regulations Board after providing less than a day’s notice for the meeting. Members of the secretary of state’s office stated they believe they were following state law requiring new voters to show proof of citizenship.

On July 18, the Alaska Legislature adjourned its fifth special session.

The Legislature failed to pass any deficit reduction measures the special session was called to address.

Following the unsuccessful eight day session, it is expected that further work towards budget reforms will wait until after the November election.

Photo of the Alaska State Capitol by Jay Galvin on Wikimedia Commons.

Gov. Mark Dayton, Senate Majority Leader Tom Bakk, and House Speaker Kurt Daudt have tentatively agreed to call a special legislative session during the third week of August.

The governor and lawmakers have met several times since the Legislature adjourned in late May to work through details of approving a tax bill and bonding bill.

While the three men were able to reach an agreement regarding the tax bill during a meeting last week, negotiations on the bonding bill must continue before the governor will announce a definitive date for the special session.

Photo of the Minnesota State Capitol by Jonathunder on Wikimedia Commons.

On July 16, presidential candidate Hillary Clinton announced she will “propose a constitutional amendment to overturn Citizens United” in her first 30 days in office if elected president.

The announcement, in a video created by Clinton, was played at Netroots Nation, a politically progressive conference held this past weekend in St. Louis, Missouri. In the video, Clinton says she will “appoint Supreme Court justices who understand that this decision was a disaster.”

Clinton has previously championed the establishment of a small-donor matching system for presidential and congressional elections.

Gov. Mike Pence is Donald Trump’s choice for vice president.

Trump announced his running mate on July 15, 2016, via Twitter. Pence submitted his withdrawal for re-election after one term as the governor on July 15, 2016.

The state GOP will meet on July 26 to vote on the party’s replacement gubernatorial candidate.

We are excited to debut our very first weekly News You Can Use Video Digest!

Integrity Commissioner Robert Marleau suggested updates to the city’s lobbying laws after investigating the practices of Sinking Ship Entertainment.

The investigation found Sinking Ship Entertainment failed to register as a lobbyist within the 15-day deadline during efforts to sell a playground conceptual design to the city. The company indicated it was unaware its communications with city staff counted as lobbying. Additionally, city councilors failed to advise the company about the need to register.

Marleau reluctantly gave Sinking Ship Entertainment permission to register its lobbying activity after the fact in order to achieve transparency.

National:

Gay Political Power Reaching Record as U.S. Attitudes Shift
Bloomberg.com – Jeff Green | Published: 7/11/2016

Opponents are planning a campaign to roll back the new rights on same-sex marriage and military service won by gay Americans this year. That offensive, in state Legislatures and Washington, D.C., has raised the stakes in the 2016 election for the lesbian, gay, bisexual, and transgender community, which is trying to leverage its unprecedented political power to elect lawmakers who would extend federal protections at work and home to gay citizens, just as the Civil Rights Act of 1964 protected race, religion, and gender. It is difficult to put a specific dollar amount on LGBT money in politics. But there is no question the spending is much more visible than it was two decades ago, said Democratic National Committee Treasurer Andrew Tobias.

How Private Equity Found Power and Profit in State Capitols
New York Times – Ben Protess, Jessica Silver-Greenberg, and Rachel Abrams | Published: 7/14/2016

Since the 2008 financial crisis, private equity firms have expanded their influence, assuming a pervasive, if clandestine, role in American life, an investigation found. Sophisticated political maneuvering – including winning government contracts, shaping public policy, and deploying former public officials to press their case – is central to this growth. Yet even as private equity wields influence in states and in Washington, D. C., it faces little public awareness of its activities. Private equity firms often do not directly engage with lawmakers and regulators – the companies they control do. And because private equity’s interests are so diverse, the industry interacts with governments not only through lobbying, but also as contractors and partners on public projects.

Federal:

Donald Trump and Hillary Clinton Struggle to Be Unifying Voice for Nation
New York Times – Patrick Healy | Published: 7/9/2016

Traumatic events have at times become opportunities for presidential candidates to step up and grow in the eyes of the American public, such as when Bill Clinton went to Los Angeles in 1992 in the aftermath of the riots there, or when Barack Obama pushed for aggressive, bipartisan action from the federal government to stem the banking crisis and protect taxpayers. No moment in the 2016 presidential campaign has cried out more for a unifying candidate than the police shootings of two black men and the ensuing national uproar, followed by the sniper ambush that killed five police officers in Dallas. And no other moment has revealed more starkly how hard it is for Donald Trump and Hillary Clinton to become that candidate. Never have two presidential nominees been as unpopular as Trump and Clinton, and they are not fully trusted by their own parties nor showing significant crossover appeal in the polls.

Koch-Backed ‘Dark Money’ Groups Fined for Failing to Disclose Donors
Center for Public Integrity – John Dunbar | Published: 7/13/2016

The FEC fined three nonprofit groups formerly connected with the political network of Charles and David Koch a total of $233,000, a rare intervention by the agency into the world of outside spending. Each of the groups ran political advertisements to support U.S. House candidates during the 2010 election. The FEC’s investigation provides a look into the interlocking networks of political nonprofits on the right, through which vast sums of money flow each election cycle with little disclosure. Such groups are not required to report their donors and typically trade large amounts of cash during each election cycle, making it difficult to judge which dollar from which donor is used for any particular activity.

US Rep. Corrine Brown Indicted After Fraud Investigation
ABC News – Jason Dearen and Curt Anderson (Associated Press) | Published: 7/8/2016

U.S. Rep. Corrine Brown of Florida and her chief of staff, Elias Simmons, were charged with 24 counts of fraud and other crimes that prosecutors said allowed them to use an education nonprofit as a “personal slush fund.” The indictment alleges Brown and Simmons used the One Door for Education-Amy Anderson Scholarship Fund to solicit $800,000 in charitable donations between 2012 and 2016. The money was used for Brown’s personal benefit, among other things, including “tens of thousands of dollars in cash deposits” sent to her personal bank accounts, according to prosecutors. Carla Wiley, former head of the Virginia-based One Door for Education, pleaded guilty to conspiracy to commit wire fraud earlier this year and was cooperating with investigators.

From the States and Municipalities:

Alabama – Mike Hubbard Sentenced to Four Years in Prison
Tuscaloosa News – Kim Chandler (Associated Press) | Published: 7/8/2016

Former Alabama House Speaker Mike Hubbard was sentenced to four years in prison for violating the state’s ethics law. He also faces $210,000 in fines. A jury convicted him of using his office to secure consulting contracts and investments from lobbyists or those who employ them. He was also found guilty of using staff members to do work for his private clients, voting for a budget that would have benefitted a client, and lobbying Gov. Robert Bentley on behalf of a client. At trial, Hubbard’s defense team argued that many of the charges he faced fell under an exemption in the law that allows public officials to exchange things of value with those they have long-standing friendships with.

California – Lyft Agrees to $6,000 FPPC Fine for Not Reporting Lobbying Costs
Sacramento Bee – Taryn Luna | Published: 7/11/2016

The ride-hailing firm Lyft agreed to pay $6,000 in fines for repeatedly being late in disclosing its use of lobbyists to influence California officials. An investigation by Fair Political Practices Commission staff alleged Lyft failed to file in a timely manner five lobbyist employer reports. During the 2013–2014 legislative session, Lyft spent more than $271,000 on lobbying related to four transportation-regulating bills. One report was filed 530 days late, although Lyft did not conduct any lobbying during the quarter. Other reports, during which there was activity, were filed from 11 to 165 days late. “According to Lyft, the late filing was an oversight caused by Lyft’s reliance on its lobbying firms to file its reports and its lack of experience as a lobbyist employer,” the staff report said.

Louisiana – Good Idea Gone Awry? How Term Limits Impact Sessions of Louisiana Legislature
New Orleans Advocate – Mark Ballard | Published: 7/9/2016

Term limits in Louisiana, which require state representatives and senators to step down after 12 years to make way for new lawmakers, were billed by supporters as a way to create a Legislature that would be more responsive to voters and allow for thinking “outside the box” to solve persistent governmental problems. But term limits also sapped legislators of historical knowledge, hardened political positions, and undermined the relationships that are essential ingredients to actually operating the machinery of government, some lawmakers, lobbyists, and political operatives say.

Missouri – Andy Blunt Came to Washington – Was It Lobbying?
St. Louis Post-Dispatch – Chuck Raasch | Published: 7/7/2016

When it was announced last year that Andy Blunt would manage the re-election campaign of his father, U.S. Sen. Roy Blunt, Missouri Democrats accused the younger Blunt of a conflict-of-interest. In December, Andy Blunt said that “I lobby in the state of Missouri, not the United States Congress, and there is a clear distinction.” But in April, Andy Blunt helped lead a delegation of Missouri cable television executives in meetings with members of the Missouri congressional delegation or their staffs. The younger Blount said he did not consider the meetings to be lobbying. Rather, he said, they were part of an annual “meet-and-greet” trip to Washington. The revelations rekindle questions about where Andy Blunt’s lobbying for clients ends and his advocacy for his father’s re-election campaign begins.

New York – Fight Over Emails Yields New Details on Role of Outside ‘Agents’ for de Blasio
New York Times – J. David Goodman | Published: 7/7/2016

After the rocky conclusion to his first year in office, New York City Mayor Bill de Blasio sought counsel at the start of 2015 from his most trusted advisers. The mayor’s office and a few outside consultants discussed internal opinion surveys and formulated strategy on some of de Blasio’s most pressing concerns. These internal discussions about public matters are now part of a court battle as lawyers for a nonprofit aligned with the mayor are fighting to keep those emails confidential, resisting subpoenas for that information by the Joint Commission on Public Ethics. The legal strategy appeared to clarify what had been one of the more puzzling moments of the de Blasio era: the description of five outside consultants as “agents of the city.”

Ohio – Dallas Shooting and Open-Carry Laws Loom Over Cleveland Convention Plans
New York Times – Yamiche Alcindor | Published: 7/11/2016

The recent violence in Dallas is intensifying worries in Cleveland about visitors and protesters taking firearms downtown during the Republican National Convention, where thousands of people plan to demonstrate. Ohio’s open-carry laws mean that those who legally own guns can take them into the two-square-mile area where many of the events and protests connected to the convention will be held. Cleveland’s police chief said that after the Dallas shootings, the city would be changing its security plans but did not go into detail. Meanwhile, some are planning to take their own security forces to Cleveland.

Pennsylvania – Consulting Business Owned by Mike Fleck Fined $11,850 by State
Allentown Morning Call – Emily Opilo | Published: 7/11/2016

Hamilton Development Partners, a former Allentown business at the center of an FBI investigation in the city, was cited by the Pennsylvania Ethics Commission. The firm failed to file a quarterly expense report with the Department of State for the third quarter of 2015 as required by the state lobbying law. It owes an $11,850 fine – $50 per day for each of the 237 days that the report has been considered late. The firm has been ordered to file an expense report in the next 30 days or face “appropriate enforcement action.” Failure to report under the law is considered a misdemeanor punishable with an up to five-year ban on lobbying in Pennsylvania.

Tennessee – Jeremy Durham Had Sexual ‘Interactions’ with 22 Women, Report Says
The Tennessean – Dave Bouchard and Joel Ebert | Published: 7/13/2016

State Rep. Jeremy Durham engaged in inappropriate conduct with women that constitutes disorderly behavior and warrants expulsion, said a report from the Tennessee attorney general, but a special legislative committee is leaving up to voters to decide whether the embattled lawmaker will continue serving in the Legislature. The investigation found Durham had sexually engaged with current and former female legislative staff, interns, lobbyists, and others between 2012, when he first took office, and the 2016 legislative session. The main findings of the attorney general’s report mirror the office released in April, when it found Durham had engaged in inappropriate physical contact and potentially posed a “continuing risk to unsuspecting women.” That determination led to Durham’s office being moved out of Legislative Plaza and his access to staff limited.

Washington – Supporters of Campaign Finance Measure Submit Signatures
Yakima Herald – Rachel LaCorte (Associated Press) | Published: 7/8/2016

More than 326,000 signatures have been turned in to the Washington secretary of state’s office in support of a proposed ballot measure that would make a series of campaign finance changes. Initiative 1464 seeks to do several things, including creating a voucher system that would give voters three $50 “democracy credits” that they can use in state races every two years. It would also impose tougher disclosure requirements on political advertisements and limit the amount of money that contractors and lobbyists can give to candidates. The ballot measure also would impose a three-year waiting period before former elected officials and senior staff can lobby their previous employers and colleagues. An initiative requires at least 246,372 valid signatures of registered state voters to be certified.

Wisconsin – Ex-AG Lautenschlager Named to Lead New Ethics Commission
Milwaukee Journal Sentinel – Patrick Marley | Published: 7/11/2016

Former Wisconsin Attorney General Peg Lautenschlager was selected as chairperson of the state’s new Ethics Commission, and the job of administrator was given to a former analyst of the nonpartisan board the panel was created to replace. Lautenschlager had to pay a fine to the previous ethics agency following her arrest for drunken driving in 2004. Brian Bell accepted the offer to be the administrator of the commission. He is a budget and policy analyst for the Wisconsin Department of Safety and Professional Services. He also previously worked for the Government Accountability Board as an ethics and accountability specialist.

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.