On May 26, the 2016 spring sitting of the first session of the 33rd Yukon Legislative Assembly adjourned. Neither Bill 104, the Paid Lobbying Act, nor Bill 107, the Act to Amend the Elections Act with Respect to Political Contributions, were passed by the Assembly.

The spring sitting commenced on April 7, 2016. No future session is currently scheduled. The Legislature will likely meet again in the spring of 2017.

Photo of the Yukon Legislative Assembly by US Mission Canada on Wikimedia Commons.

On May 27, Louisiana Gov. John Bel Edwards issued a call for a second special session of the Louisiana Legislature. The special session will convene at 6:30 p.m. on Monday, June 6, and must adjourn by midnight on June 23.

The governor wants the Legislature to address the state’s budget shortfall for the fiscal year beginning on July 1. The Legislature is currently in session and is schedule to adjourn no later than June 6, the same day the special session is scheduled to begin.

Photo of the Louisiana State Capitol Building by Chrismiceli on Wikimedia Commons.

As the primaries come to an end, more and more is being heard about the superdelegates’ role in choosing the Democratic nominee. But what exactly are superdelegates? How did they become part of the nominating process? And what do they mean in this year’s nominating process?

Simply put, superdelegates are unpledged delegates. They can be party leaders and elected officials or individuals who are selected by the party to attend the convention. These delegates, because they are unpledged, can give their votes to any candidate they choose, regardless of how their state voted.

Superdelegates became a part of the Democratic nominating process following the 1980 convention. At that convention Sen. Ted Kennedy had fought to win the nomination from President Jimmy Carter through rule changes. It was a contentious convention, with the fight focusing on Rule 11(H), which required delegates to support the candidate to which they were bound by the primary process. In order to avoid another convention fight, the rule was rewritten for the 1984 convention (and is still in effect today). Delegates pledged to a specific candidate are no longer be required to support the candidate; instead, they are strongly urged to support the candidate “in all good conscience.”

However, some party members were still worried about a convention fight even with the new rule. A plan was proposed to have a percentage of convention delegates be unpledged voting delegates. It was hoped such change would allow the party to respond to changing circumstances, to better address situations where the electorate hasn’t clearly chosen a candidate, and to include more elected officials in the convention voting without requiring them to declare for one candidate or another.

It was during this process when the term “superdelegate” was coined.

The final agreement allowed for 14 percent of convention delegates to be unpledged delegates and congressional delegates were to be chosen by the congressional caucuses in the House and Senate.

Today, superdelegates are no longer chosen by the caucuses, and the ratio of unpledged delegates to pledged delegates has changed with the addition of more unpledged delegates over the years.

In this year’s Democratic primary campaigns, superdelegates have been come an issue on the campaign trail. Because so many superdelegates have pledged early to support Hillary Clinton, her delegate numbers give her a huge lead over Bernie Sanders.

As of May 27, Clinton has 2,309 delegates to Sander’s 1,539. But when the superdelegates are removed from the count, Clinton has 1,769 pledged delegates to Sander’s 1,497. To win the nomination, the Democratic candidate needs a total of 2,383 delegate votes.

This year it appears the superdelegates will decide who the nominee will be. Because of the early and overwhelming majority of superdelegates pledging to Clinton, the delegate count has been showing Clinton with a huge lead over Sanders, when in fact the primary outcomes indicate a much closer race.

Many of Sanders’ supporters tried to convince superdelegates to refrain from pledging to a candidate too early. They felt that by pledging early, superdelegates were skewing the media coverage and perception of success in favor of one candidate over another. The media was treating Clinton as the presumptive candidate and providing more coverage of her campaign than of Sander’s campaign.

With this year’s Democratic primaries, superdelegates are going to be the deciding force. While some might say superdelegates are imposing the party’s candidate on the people, others will say superdelegates are fulfilling their intended role: to avoid a contested convention and ensure the nominee is able to enter the general election with a clear mandate and the firm support of the party.

Sources:

Andrews, Wilson; Bennett, Kitty; and Parlapiano, Alicia. 2016 Delegate County and Primary Results. The New York Times. May 27, 2016.

Kamarck, Elaine. A History of ‘Super-Delegates’ in the Democratic Party. February 14, 2008.

Strauss, Daniel. Sanders Supporters Revolt Against Superdelegates. Politico. Febraury 14, 2016.

The second regular session of the 55th Oklahoma Legislature adjourned sine die on Friday, May 27.

Prior to adjournment, lawmakers addressed the growing budget deficit and passed a budget, but failed to pass health care reform legislation or approve an increase on cigarette tax.

House Democrats say they would have supported the cigarette tax if Republicans had supported health care expansion.

Lobbying Commissioner Karen Shepherd found former Quebec premier Jean Charest did not breach federal lobbying rules when he contacted the Prime Minister’s Office earlier this year to discuss an oil pipeline project.

Shepherd stated Charest was not acting as an unregistered lobbyist because he was not paid by the pipeline company at the time of the call. Shepherd did not elaborate any further as the Lobbying Act requires all reviews and investigations be conducted in private.

Democracy Watch, a political accountability group, has filed an ethics complaint with Federal Commissioner of Lobbying Karen Shepherd questioning the permissibility of gifts of paid travel from various lobbying groups to senators and members of Parliament.

The group claims such gifts violate a rule prohibiting lobbyists from creating the appearance of a conflict of interest for public officials.

The complaint also requests an official other than Shepherd decide the issue because she has expressed interest in members of Parliament reappointing her to the position when her term ends in July.

The City of Rochester Ethical Practices Board has formally requested the City Council and Mayor Ardell Brede review the process for appointing community members to advisory commissions and boards.

The board requests review in the following five areas of the current process: announcing new positions to the public; conducting interviews for open positions; establishing a reasonable time between the mayor selecting a candidate and City Council’s review; putting a concerted effort into gender and ethnic adversity on boards and commissions; and developing a consistent and transparent appointment process.

The request includes recommended changes and comes in response to concerns over appointing former lobbyists to boards directing public funds or steering policy.

National:

Getting a Photo ID So You Can Vote Is Easy. Unless You’re Poor, Black, Latino or Elderly.
Washington Post – Suzi Horwitz | Published: 5/23/2016

In November, 17 states will have voting restrictions in place for the first time in a presidential election. Supporters say everyone should easily be able to get a photo ID and the requirement is needed to combat voter fraud. But many election experts say the process for obtaining a photo ID can be far more difficult than it looks for hundreds of thousands of people across the country who do not have the required photo identification cards. Those most likely to be affected are elderly citizens, African Americans, Hispanics, and low-income residents.

Federal:

A Growing Concern in Cleveland: Chaos off the convention floor
Washington Post – Ed O’Keefe | Published: 5/25/2016

Fears of chaos inside the Republican National Convention have subsided as Donald Trump has tightened his grip on the party’s presidential nomination. But outside the arena, an assortment of planned demonstrations and marches is raising safety concerns about what happens when protesters, police, and convention participants converge on the streets of Cleveland. Many are increasingly worried the city is ill-prepared to deal with the tens of thousands of people that are expected to descend on Cleveland in July.

As Donald Trump Pushes Conspiracy Theories, Right-Wing Media Gets Its Wish
New York Times – Jonathan Martin | Published: 5/25/2016

Ever since talk radio, cable news, and the Internet emerged as potent political forces on the right, Republicans have used those media to attack their opponents. Political operatives would secretly place damaging information with friendly outlets like Fox News and with radio hosts like Rush Limbaugh, and then they would work to get the same information absorbed into the mainstream media. Candidates themselves would avoid being seen slinging mud. Yet by personally broaching topics like Bill Clinton’s marital indiscretions and the conspiracy theories surrounding the suicide of Vincent Foster, a Clinton White House aide, Donald Trump is again defying the norms of presidential politics and fashioning his own style. Trump has begun a real-life political science experiment: what happens when a major party’s nominee is more provocateur than politician?

Despite Recommendations, FEC Won’t Pursue Charges that Murray Energy Coerced Campaign Donations from Employees
Cleveland Plain Dealer – Sabrina Eaton | Published: 5/23/2016

Despite the fact that FEC staff found “reason to believe” Robert Murray and his company violated federal law by coercing employees to donate to and support Republican candidates, the agency will not pursue charges. During the 2012 election, Murray Energy workers said they were required to attend a rally for Mitt Romney. Other employees later said they were pushed to donate to Romney. An FEC report states “the record suggests Murray solicited employees for contributions to individual candidates in a manner that further elevated the pressure to contribute, including the implicit threat that potential job-related reprisals may follow for not doing so.” The FEC’s three Democratic members released a statement expressing fear the precedent would let corporations “feel they may ride roughshod over the rights of their employees.”

Hillary Clinton Is Criticized for Private Emails in State Dept. Review
New York Times – Steven Lee Myers and Eric Lichtblau | Published: 5/25/2016

The State Department’s inspector general criticized Hillary Clinton’s exclusive use of a private email server while she was secretary of state, saying she had not sought permission to use it and would not have received approval if she had. The report sent to members of Congress undermined some of Clinton’s previous statements defending her use of the server. The report, as well as an FBI investigation and other legal challenges seeking information about her emails, is certain to keep alive a controversy that has shadowed Clinton’s campaign for president.

Lawmakers’ Dues to Party: ‘Extortion’ or team effort?
USA Today – Deirdre Shesgreen and Christopher Schnaars | Published: 5/25/2016

At the start of each two-year election cycle, the Democratic and Republican campaign committees set up elaborate contribution programs, in which the U.S. House leaders, committee chairpersons, veteran lawmakers, and even relative newcomers are given fundraising goals. Lawmakers get credit for paying their so-called dues when a donor they have contacted gives to the campaign committees, or when they transfer money from their own accounts to the committees. Those who make or exceed their expected dues are considered “team players,” a label that lifts their chances of landing plum committee assignments. Senators do the same thing, although the quotas appear to be more loosely enforced. “It is clear that political party fundraising has been moved directly into Congress, at levels never imagined by the Founders,” said U.S. Rep. Marcy Kaptur.

NFL Tried to Influence ‘Unrestricted’ Research Gift, Congressional Report Says
Washington Post – Rick Maese | Published: 5/23/2016

When the National Football League (NFL) agreed in 2012 to donate tens of millions of dollars to concussion research overseen by the National Institutes of Health, it was widely seen as a positive turning point in football’s long history of playing down the long-term effects of brain injuries on players. At the time, the league said it would have no influence over how the money was used. But the NFL and its head, neck, and spine committee worked to improperly influence the government research, trying to steer the study toward a doctor with ties to the league, according to a congressional committee.

From the States and Municipalities:

Alabama – One-Time Rising Star Hubbard to Stand Trial on Ethics Charges
AL.com – Mike Cason | Published: 5/22/2016

Alabama House Speaker Mike Hubbard is on trial on charges he used his political position to make money and obtain financial favors from lobbyists and company executives with business before the Legislature. Hubbard faces 23 felony ethics charges accusing him of steering Republican campaign work to his media companies and using his office to obtain employment, investments, and benefits for his companies. Prosecutors have painted him as a politician consumed by greed as he climbed to the top of the state’s political hierarchy and desperate to obtain work when being laid off by his primary employer, Auburn University’s IMG Sports Network.

Florida – Facing Bribery Charges, Opa-locka Commissioner Rams SUV into Tree, Killing Himself
Miami Herald – Charles Rabin, Jay Weaver, David Ovalle, and Michael Sallah | Published: 5/24/2016

Days before Opa-locka Commissioner Terence Pinder was ordered to turn himself over to prosecutors on corruption charges, he agonized to a friend over the shame of his imminent arrest. He fretted over the ordeal of fighting bribery charges for a second time in his political career, and wondered how he would ever be able to pay the legal costs. Hours later, he revved up the engine of his city-leased Chevy Tahoe, sped across several hundred yards of a grassy field, and rammed into a towering banyan tree. The impact killed him instantly. Pinder’s suicide represents another crisis for a city on the verge of a financial takeover by the state over massive debts and a corruption scandal that has led to a sweeping FBI investigation into its most powerful leaders.

Hawaii – Hawaii Lawmakers Again Balk at Ethics, Lobbying Reform
Honolulu Civil Beat – Nathan Eagle | Published: 5/23/2016

The Hawaii Ethics Commission tracked more than 16 bills related to ethics and lobbying this past legislative session, which ended May 5. Each one died, many without a public hearing. “I think it sends a bad message to the people about the Legislature’s commitment to open and responsible government when nearly all bills related to ethics and transparency just die a non-transparent death at the end,” said Rep. Matt LoPresti, who introduced a measure to restrict lawmakers’ use of their official position for personal benefit.

Missouri – Impact of Missouri’s ‘Revolving Door’ Lobbyist Law Questioned
Kansas City Star – Jason Hancock | Published: 5/23/2016

Under a new law in Missouri, legislators must wait six months after the end of their term before they can return to the Capitol to lobby their former colleagues. That would delay a lawmaker’s lobbying career until after the next legislative session. Bu opponents of the legislation said it was just window dressing. After a year marked by scandal, including the resignations of two lawmakers over inappropriate conduct with interns, the reform that ultimately was accomplished will do little to change the culture in Jefferson City, said Sen. Jason Holsman. “We concoct these solutions that don’t do anything but make us feel good, and someone can write a story saying we’ve addressed the problem,” Holsman said.

Montana – Term Limits Have Weakened Legislature, Some Observers Say
Helena Independent Record – Jayme Fraser | Published: 5/23/2016

Term limits have weakened Montana’s Legislature, shifting power to governors and lobbyists as well as contributing to divides within parties and a decline in bipartisan collaboration, many political observers agree. Under term limits, the Legislature lost the encyclopedic knowledge of people who worked sometimes decades on environmental regulation, taxation, or other complex topics, said Bob Brown, who served 30 years in the Legislature before being elected secretary of state. He said the lost veterans frequently offered guidance to legislators from any party.

Pennsylvania – Pa. Officials, Lobbyists Split on How to Vet Business Propositions
Pittsburgh Tribune-Review – Brad Bumsted | Published: 5/22/2016

FBI agents and operatives for decades have gone undercover as developers, racetrack lobbyists, and Arab sheiks to snare dozens of elected officials and lobbyists in corrupt transactions. Pennsylvania has been no exception, but some state officials and legal scholars question whether offering bribes to legislators is an effective way of fighting public corruption and are divided over how lawmakers should vet the validity of business propositions. “How would you know a company is flimsy?” asked Stephen Miskin, spokesperson for House Republicans. “Are we at the point where lobbyists have to hire private investigators to do background checks?”

Rhode Island – R.I. House Unanimously Approves Lobbying Bill with Stricter Penalties
Providence Journal – Jennifer Bogdon | Published: 5/24/2016

The Rhode Island House unanimously approved changes to the state’s lobbying law. The bill clarifies the definition of lobbying and strengthens penalties for those who fail to register, allowing for fines of up to $5,000 and a revocation of registration for up to three years. It also requires monthly reporting from January through June and quarterly reporting from July through December, among other reforms. An identical version of the legislation is scheduled for a full vote of the Senate.

Virginia – Inquiry Highlights Terry McAuliffe’s Ties to Chinese Company
New York Times – Nicholas Confessore and Stephanie Saul | Published: 5/24/2016

Virginia Gov. Terry McAuliffe is the subject of an ongoing investigation by the FBI and prosecutors from the Justice Department’s public integrity unit, officials briefed on the probe say. Investigators are examining the relationship between the Dandong Port Group’s wealthy and connected chairperson, Wang Wenliang, and the governor. A federal law enforcement official said the inquiry included $120,000 in contributions that a New Jersey construction firm controlled by Wang made to McAuliffe’s 2013 campaign and inaugural committee. The investigation also encompasses McAuliffe’s role as a board member of the Clinton Foundation, to which another company linked to Wang pledged a $2 million contribution in 2013.

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 May 25, U.S. District Judge Charles Lovell partially stayed his order from May 17 striking Montana’s contributions limits. On May 17, Lovell ruled the state’s current statutory campaign finance contribution limits were unconstitutionally low. The state determined the ruling reinstated the contribution limits in place before the statute was enacted.

However, the contribution limits allowed from political parties in the previously enacted law were lower than the amounts ruled unconstitutionally low. Because of this, the court issued its partial stay as to the amount political parties may contribute. All other contribution limits will remain from the reinstated law, adjusted for inflation. The partial stay will remain in effect pending the state’s appeal of the entire case to the 9th U.S. Circuit Court of Appeals.

On May 25, the Reno City Council unanimously voted to defer the question of whether to pass a lobbying law for the city. Reno Mayor Hillary Schieve objected to the ordinance because it only applied to city council members and not to city staff employees, according to the Reno Gazette-Journal.

The “Registration and Regulation of Lobbyists” ordinance would require lobbyists to register with the city clerk, to inform the city of their clients, and to wear a lobbyist badge when in city hall. The ordinance also includes civil and criminal penalties.

Elizabeth Z. Bartz, President and CEO of State and Federal Communications, has provided a $30,000 endowment to Kent State University at Trumbull, in Warren, Ohio, to provide scholarships for graduating seniors from Howland High School.

Ms. Bartz graduated from Howland High School in Warren 40 years ago, and enrolled at the KSU Trumbull Campus that fall, where she attended for two years before completing her Journalism studies at the Kent State University main campus in Kent, Ohio in 1980.

She explains why she endowed this scholarship… “In honor of my 40-year graduation anniversary from Howland High School, I wanted to give something back. I’ve heard about students today having issues with college debt and felt it would be great to help graduating seniors from Howland High School attend the local area KSU Trumbull Campus just like I did. I feel blessed to be able to help the students, today and in the future. This is very exciting for me and I hope it helps bring others to the table to help students pay their college costs.”

Starting fall semester 2016, Kent State University at Trumbull will award its first $1,000 scholarship from the new endowment ‘Elizabeth Z. Bartz Scholarship for Howland Tigers.’

The annual scholarship winner, selected by Howland High School, will be a graduating student who will attend Kent State University at Trumbull on a full-time basis. This endowment is funded to continue a scholarship every year going forward, and will be managed by Kent State University.

The formal signing of the endowment was held at a ceremony on May 5, 2016 at the Kent State University Trumbull Campus. In attendance were Ms. Bartz and school officials from Kent State University at Trumbull and the Howland Local Schools.

During the ceremony, Ms. Bartz explained that she decided back in 1976 with her parents to “stay local” after graduating from Howland High School and to attend the KSU Trumbull Campus. She studied there for two years, where she also worked on the campus newspaper and became its editor. This journalism training certainly helped her toward obtaining a Bachelor of Science degree in Public Relations from KSU in 1980, and go on to launch Akron-based State and Federal Communications, today regarded as the leader in providing government compliance information and consulting services.

Ms. Bartz is also still very active at Kent State University and serves on the KSU National Alumni Relations Board of Directors, as well at the KSU School of Journalism and Mass Communications Alumni Board, and other committee leadership roles at the school.

During the ceremony kick-off presentation, Mr. Dave Smith, Director of Advancement, Kent State University, Trumbull Campus, said, “At our regional campus, we want to target more scholarships to help high school students within our local community. This new scholarship certainly helps that effort as we can assist students graduating from Howland High School. This will be a perpetual scholarship that will proudly be here forever, in her name.”

Mr. Kevin Spicher, Superintendent, Howland Local Schools, added that this gesture from Ms. Bartz “is philanthropy at its finest.” This was agreed with by Ms. Sandra E. Williams, Principal, Howland High School, who commented, “It’s a wonderful opportunity to help our kids. This scholarship gives them a head start to get to college. And this is a tribute for any student who wants to stay locally after graduating high school.”

Dr. Lance Grahn, Dean, Trumbull Campus, Kent State University, concluded comments, with, “This scholarship from Elizabeth acknowledges the success of our students from Kent State University at Trumbull… that this is a good place of quality education that prepares you for the adult world. One of the pillars of my vision for our university is to gain more involvement with our local schools to tie us together. This scholarship achieves that. I am also keen on energizing our regional campus to re-connect with our alumni. You can see the results now when that happens with a connection as represented by Elizabeth Bartz.”

In the photo above: Launching the new annual ‘Elizabeth Z. Bartz Scholarship for Howland Tigers’ at Kent State University at Trumbull, are (left to right) Ms. Elizabeth Z. Bartz, President and CEO of State and Federal Communication; Mr. Kevin Spicher, Superintendent, Howland Local Schools; Dr. Lance Grahn, Dean, KSU Trumbull Campus; Ms. Pam Anderson, KSU Institutional Advancement Representative; Mr. Dave Smith, Director of Advancement, KSU Trumbull Campus; Ms. Sandra E. Williams, Principal, Howland High School; and Ms. Sarah Helmick, Assistant Director, Enrollment Management & Student Services, KSU Trumbull Campus.

Gov. Andrew Cuomo has proposed eight bills to the state Legislature to close a controversial loophole in campaign finance law permitting limited liability companies (LLCs) to make donations up to $60,800 per statewide candidate, with an aggregate limit of $150,000.

Each bill offers different levels of control over LLC funding with one seeking to close the loophole for all candidates running for state office, another impacting only gubernatorial and state Legislature candidates, and four separate bills aiming to close the loophole for at least one state office.

All of the bills propose to bring the LLC contribution limit in line with state limits on corporate contributions to candidates and committees, which are currently set at $5,000 annually.

On May 24, the Rhode Island House of Representatives unanimously passed a bill changing the state’s lobbying law. House Bill 7388A creates a new system of lobbying regulation by creating one set of rules for lobbying both the executive and legislative branches of state government.

The bill also includes increases in fines, redefines lobbying, and allows the Secretary of State to have subpoena power to investigate violations. Other requirements in the bill include the reporting of lobbyists’ income and expenditures and the reporting of names of executive branch officials lobbied. A similar bill is scheduled for a vote in the Senate on May 26.

The San Diego Ethics Commission released a draft of proposed amendments to San Diego’s Election Campaign Control Ordinance.

The proposed changes would extend the one-year pre-election fundraising time period to January 1 of odd-numbered years and eliminate the third pre-election filing for primarily formed recipient committees.

Comments and suggestions regarding the draft amendments can be made at the next commission meeting on June 9, 2016 at 5:00 p.m. Written comments can also be sent via email to ethicscommission@sandiego.gov.