On May 18, Arizona Gov. Doug Ducey signed campaign finance legislation advancing the effective date of implementation of some of the changes to June of this year. House bills 2296 and 2297 complement Senate Bill 1516, another campaign finance bill signed into law in March. The legislation also includes criminal penalties left out of the earlier Senate bill.

The package of legislation is controversial among many because of the relaxation of disclosure by some entities involved in political activity.

On May 13, attorney David Couch petitioned the Arkansas Supreme Court to issue a preliminary injunction requiring Attorney General Leslie Rutledge to approve the language of his ethics initiative or offer an alternative as any further delay could cause “irreparable” harm to Couch’s attempt to get the constitutional amendment on the ballot.

Couch cannot began collecting the 84,859 signatures due by July 8, until Rutledge approves the language.

If approved by voters, the proposed constitutional amendment would prohibit certain gifts from lobbyists to elected officials and lower campaign contribution limits.

On May 18, the Alaska Legislature hit the constitutional limit on session length of 121 days in session without reaching a budget deal. Gov. Bill Walker immediately called a special session scheduled to begin May 23.

In addition to the budget, the issue of oil and gas tax credits will also be addressed in the special session.

On May 17, a bill to amend the Election Finances Act was introduced in the Legislative Assembly of Ontario.

Bill 201, the Election Finances Statute Law Amendment Act, 2016, which also includes amendments to the Taxation Act, 2007, bans corporate and union donations to political parties. The legislation will also limit contributions from individuals, limit spending for third-party advertising, and tighten political party spending and fundraising rules for by-elections.

If passed, the changes are hoped to be in place or significantly underway before the June 2018 election, with initial changes legislated for January 1, 2017.

The Assembly is negotiating language for a proposed state constitutional amendment to strip corrupt lawmakers of their pensions. If approved by voters, the amendment would enable judges to revoke lawmakers’ pensions when they are convicted of corruption charges. The measure would need to be approved again next year to appear on the ballot.

Although numerous, broader bills seeking ethics and campaign finance reforms have been introduced this session, they are not expected to pass before the session ends in June.

On May 17, U.S. District Judge Charles Lovell ruled the current statutory campaign finance contribution limits in Montana unconstitutional. “Defendants have not proven that the campaign contribution limits … further the important state interest of combating quid pro quo corruption or its appearance,” Lovell wrote in the court’s order.

Montana Commissioner of Political Practices Jonathan Motl said the ruling reinstates the contribution limits in place before the statute was enacted. Those contribution limits have been adjusted for inflation and are now $1,990 for governor and lieutenant governor; $990 for other statewide offices; $530 for District Court judge, Public Service Commission, and state Senate; and $330 for all other elected offices, including the state House. The limits are per candidate per election.

Attorney Matthew Monforton said the court’s ruling should mean there are no caps on contributions from any source” and will consider additional litigation if Motl doesn’t lift all limits, according to the Independent Record.

The statute struck down by Lovell in Lair v. Motl was enacted by an initiative vote in 1994.

The Texas Ethics Commission adopted rule changes to conform with House Bill 3517 of 2015. The bill had removed the exemption for registration for an individual who is solely paid to communicate in a capacity other than as an employee of a vendor of a product or service to a member of the executive branch concerning state agency purchasing decisions involving a product, service, or service provider or negotiations regarding such decisions if the compensation for the communication is not totally or partially contingent on the outcome of any administrative action.

The Texas Ethics Commission Rules definition of independent contractor under T.E.C.R. §34.1(5) has been repealed. The Texas Ethics Commission Rules allowing for $75 registration for certain independent contractors under T.E.C.R. §34.46 has also been repealed. On May 3, the rule changes became effective.

California Gov. Jerry Brown vetoed Assembly Bill 1200.

The bill would have revised the definition of lobbyist to include third-party consultants who work to influence governmental procurement.

The governor’s veto message said the bill is not necessary and cited the existence of numerous laws already regulating state procurement.

The 98th General Assembly adjourned Friday, May 13.

Although ethics reform was a top priority this session, lawmakers fell short of passing bills creating political contribution limits or prohibiting lobbyist gifts. The Legislature did approve a 6-month waiting period for public officials seeking to become lobbyists as well as prohibit legislators from serving as paid political consultants.

Both houses stand adjourned until Wednesday, May 25. They will convene for a technical session and then adjourn sine die on May 30 pursuant to constitutional mandate.

Elections Division Administrator Michael Haas has been selected to serve as the Administrator of the new Wisconsin Elections Commission. His 4-year term begins on Thursday, June 30. Haas currently supervises and has a strong working relationship with the staff who will transfer from Government Accountability Board to the Elections Commission. His appointment is subject to Senate confirmation in 2017.

The State Board of Elections has proposed new pay-to-play disclosure rules and regulations.

The board seeks to align current rules with the recent legislative change requiring business entities to disclose contributions of certain subsidiaries, even if those subsidiaries do not have contracts with the state. In addition, the new regulations would increase the amount of time a vendor has to file the initial contribution disclosure form and would clarify internal disclosure obligations and processes for vendor employees and CEOs under current state law.

The proposed rules and regulations remain open for public comment through May 30, 2016.

National:

Conservatives Accuse Facebook of Political Bias
New York Times – John Hermann and Mike Isaac | Published: 5/9/2016

Facebook denied allegations from former workers who said the social media site suppressed news about conservative issues on its popular “trending” news feature. The website Gizmodo published a report that included allegations from unnamed former Facebook “news curators” who said employees prevented stories about the Conservative Political Action Conference, as well as stories about Mitt Romney, Rand Paul, and other conservative issues from appearing in the section, “even though they were organically trending among the site’s users.” The back-and-forth highlights the extent to which Facebook has now muscled its way into America’s political conversation, and the risks the company faces as it becomes a central force in news production and consumption.

Lobbying Groups Descend on Battleground States
The Hill – Megan Wilson | Published: 5/11/2016

With few chances left for face-to-face advocacy in Washington, D.C. as federal lawmakers campaign for re-election, lobbyists are turning to their election-year playbook, which includes heavy spending on targeted advertising in battleground states. Those efforts are more important than ever before, lobbyists say, due to the unpredictability of a presidential race featuring presumptive Republican nominee Donald Trump. “[State-level advocacy is] a time-honored tradition, and this is the usual time, but there is still so much uncertainty,” said Bruce Haynes, a founding partner at Purple Strategies. “You may need more allies than you’ve ever had when you just don’t know which way the wind is going to blow.”

Women’s Rising Influence in Politics, Tinted Green
New York Times – Nicholas Confessore | Published: 5/7/2016

Female campaign donors in both parties have described cultural and economic changes that were driving their increased participation in political giving, long among the most exclusive men’s clubs in American culture. More women are founding their own companies or rising to lead family businesses, or have already sold or retired from them, a common springboard to the upper reaches of campaign fundraising. Within marriages, they said, women now had more authority to steer family decisions about political contributions. The increase is especially pronounced on the left, with the presidential campaign of Hillary Clinton galvanizing female donors.

Federal:

Hillary Clinton, the First ‘E.T. Candidate,’ Has U.F.O. Fans in Thrall
New York Times – Amy Chozick | Published: 5/10/2016

Known for her grasp of policy details, Hillary Clinton has spoken at length in her presidential campaign on topics ranging from Alzheimer’s research to military tensions in the South China Sea. But it is her unusual knowledge about extraterrestrials that has struck a small but committed cohort of voters. Clinton has vowed that barring any threats to national security, she would open up government files on the subject, a shift from President Obama, who typically dismisses the topic as a joke. Her position has elated UFO enthusiasts, who have declared Clinton the first “E.T. candidate.”

Lobbyists Struggle with Trump Reality
The Hill – Megan Wilson | Published: 5/6/2016

Republican lobbyists in Washington, D.C. are struggling to come to grips with the possibility of a Donald Trump presidency. Much of the GOP crowd on K Street – lobbyists, consultants, and public relations operatives – built their careers working for so-called establishment politicians. Some who spoke with The Hill mentioned that many lobbyists uneasy about whether to support Trump will just shift back to what they know: Congress. Deciding not to participate in the White House race could free up extra resources to ensure Republicans stay in control of the House and Senate, as the party is set to have to defend a large number of seats in the upper chamber. “K Street is worried about the dominos falling below the presidential race,” said Tom Korologos, a strategic advisor for DLA Piper.

From the States and Municipalities:

Alabama – Chief Justice’s Suspension Adds to Alabama’s Political Mess
Santa Cruz Sentinel – Jay Reeves (Associated Press) | Published: 5/7/2016

Three top elected officials in Alabama are embroiled in scandal or facing removal from office while a former governor serves time in federal prison on a corruption conviction. State Supreme Court Chief Justice Roy Moore was suspended from his job and faces possible ouster over his attempts to block gay marriage following the U.S. Supreme Court ruling that effectively legalized same-sex marriage nationwide. Fellow Republicans tried to remove Gov. Robert Bentley by impeachment over a sexually charged scandal involving a top political aide, and an investigation continues. House Speaker Mike Hubbard awaits a state trial on 23 felony ethics counts. If convicted, Hubbard could join imprisoned former Gov. Don Siegelman, who was convicted on federal influence-peddling charges.

Arizona – Legislature Approves Bills Amending Campaign Finance Laws
ABC15; Associated Press –   | Published: 5/7/2016

The Arizona Legislature adopted a measure to reinsert criminal penalties that were left out of a sweeping campaign finance bill that was signed by the governor. Among the changes are provisions that make it illegal for individuals to contribute in the name of another person and prevent candidates from donating to one another. House Bill 2297 now moves to the governor’s desk beside a second measure that borrowed language from the same campaign finance rewrite to relax rules on anonymous political spending ahead of the August primary election. The amendment on House Bill 2296 cedes regulation of “dark money” and other nonprofit groups to the IRS, essentially doubling the amount these groups can spend on ballot measures.

California – California Senate Suspends Lobbyist Fundraising Restrictions
Monterey County Herald – Jonathan Cooper (Associated Press) | Published: 5/12/2016

The California Senate voted to remove a fundraising blackout period instituted in the wake of a corruption scandal two years ago. The Senate reversed the ban on members raising money from lobbyist employers during final budget negotiations and the last month of session, a time when lawmakers are typically voting on hundreds of bills. Because the restrictions were only in the Senate’s internal rules, not state law, they are not subject to approval by the Assembly or the governor and take effect immediately.

Kentucky – Kentucky’s Two Most Recent Governors Are Feuding, and It’s Ugly and Very Public, Too
U.S. News & World Report – Adam Beam (Associated Press) | Published: 5/10/2016

While peaceful transitions of power are a longstanding U.S. tradition, the handoff in Kentucky from Steve Beshear to Matt Bevin has been ugly. The spat has intensified so much that Beshear has taken the extraordinary step of starting a nonprofit group that is paying for ads critical of Bevin and his policies. Bevin, in turn, has launched an investigation of the Beshear administration, using a state law granting him subpoena power and public money to hire a private law firm to determine if the ex-governor violated state ethics and procurement laws.

Missouri – Missouri House and Senate Can’t Agree on Banning Lobbyist Gifts
Kansas City Star – Jason Hancock | Published: 5/12/2016

A compromise that would ban gifts to Missouri lawmakers except for lobbyist-funded meals – which would be capped at $40 a day, per lobbyist – got bogged down in the state Senate. But even though the 2016 legislative session ends May 13 at six p.m., the House is not ready to give up the fight. Republicans in that chamber plan to attach a lobbyist gift ban as an amendment to numerous Senate bills in an effort to force senators to deal with the issue.

New York – Dean Skelos Is Sentenced to 5 Years in Prison in Corruption Case
New York Times – Benjamin Weiser and Vivian Yee | Published: 5/12/2016

Former New York Senate Majority Leader Dean Skelos was sentenced to five years in prison, making him the second former state lawmaker in recent days to be given time behind bars for public corruption. The judge also sentenced his son, Adam Skelos, to six-and-one-half years in prison following their convictions on charges of extortion, fraud, and bribe solicitation. Prosecutors said Dean Skelos used his public position to obtain jobs and payments for his son with companies that had business before the state. Former Assembly Speaker Sheldon Silver was sentenced to 12 years in prison in a separate corruption case. The sentences conclude an extraordinary chapter during which two trials held a block apart at almost the same time exposed a culture of kickbacks and secret deals in Albany.

Pennsylvania – Behind the Scenes of an Intricate FBI Sting
Philadelphia Inquirer – Mark Fazlollah, Craig McCoy, and Angeles Couloumbis | Published: 5/7/2016

Records and interviews suggest the FBI sting that ensnared lobbyist John Estey could become the most complex and far-reaching corruption investigation in Harrisburg in a decade. Along with Estey, the probe already trapped former state Treasurer Rob McCord, who has agreed to cooperate in return for leniency and secretly recorded his conversations, according to sources. Federal prosecutors have declined to discuss details of an investigation they only broadly describe as focused on “lobbying in the Pennsylvania General Assembly.”

South Carolina – State Lawmaker Lived at Contributor’s Half-Million-Dollar Property, Ducks Questions
Charleston Post & Courier – David Slade | Published: 5/7/2016

South Carolina Rep. Brian White and his wife sold their modest ranch home for $150,000 and moved to a nearly 3,900-square-foot house more than seven acres with a pool. The $500,000 property was owned by Bradley and Brian Moorhouse, brothers who are both nursing home administrators for National Healthcare Corp., White’s largest corporate source of campaign donations. The White family lived there as tenants for at least five years, paying an undisclosed amount of rent while Brian White collected campaign donations from his landlords and executives with their company. During that time, White chaired a House subcommittee overseeing the state’s health care spending and policies, including those affecting the nursing home industry.

Washington – ‘End Yourselves’: Councilwomen threatened after voting against Seattle’s NBA arena
Washington Post – Stephanie Kuzydym | Published: 5/11/2016

The five female members of the Seattle City Council who provided the votes to defeat a plan to build a new arena to lure a team from the National Basketball Association have received ugly hate mail and threats from disappointed sports fans. Councilperson Lorena González said her personal and private social-media accounts and email were flooded with vitriolic messages. “What was concerning to me about this is I never came into this position with the expectation that I’d be told to kill myself or that I deserve sexual violence,” González said.

Wisconsin – Kevin Kennedy Stepping Down as Head of Embattled Elections, Ethics Board
Milwaukee Journal Sentinel – Patrick Marley | Published: 5/10/2016

Wisconsin’s longtime chief elections official, Kevin Kennedy, is retiring on June 29. That is the day before the Government Accountability Board (GAB) he heads is scheduled to be dissolved and reconstituted as two separate commissions. Lawmakers created the GAB in response to a scandal in which lawmakers were convicted of campaigning using state resources. But Republicans came to despise the board, in large part because it participated in an investigation that looked into whether Gov. Scott Walker’s campaign collaborated with conservative groups. Lawmakers last year voted to disband the GAB.

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.

The California Senate voted to reverse the ban on members raising money from lobbyist employers during budget negotiations.

The ban would have gone into effect upon the Governor’s release of the revised budget, which is set for May 13.

The reversal of this rule comes amid an election year where many members of the Senate are running for reelection.

On May 10, 2016, legislation was introduced in both the Rhode Island House and Senate calling for a voter-approved amendment to the state’s constitution granting more power to the Ethics Commission.

House Joint Resolution 8189, introduced by House Speaker Nicholas Mattiello, and Senate Joint Resolution 2953, introduced by Senate President M. Teresa Paiva Weed, grant the Ethics Commission power to prosecute ethics violations by lawmakers. Currently they are exempt from the Ethics Commission’s authority. The matching resolutions also prohibit the acceptance of complaints and initiation of investigations alleging a violation of the code of ethics by a candidate during the period beginning on the first day of declarations of candidacy for the office sought by the candidate and ending the day after the election for that office during the same year.

If approved by voters, the law would take effect on January 3, 2017.