State and Federal Communications is excited to be a Bronze Sponsor of the Ohio Chamber of Commerce Annual Meeting and Legislative Reception in Columbus, Ohio on April 5, 2016! The keynote speaker for the event is former Speaker of the U.S. House of Representatives John Boehner.

State and Federal Communications President and CEO Elizabeth Bartz and a team from the company are in attendance.

Today, the U.S. Supreme Court unanimously decided a state or locality may draw its legislative districts based on the total population of all people rather than based on only the population of registered voters.

In Evenwel v. Abbott, appellants argued apportionments based on total population for drawing Texas Senate legislative districts diluted their votes in relation to voters in other state Senate districts. They argued such dilution was a violation of the one-person, one-vote principle of the Equal Protection Clause.

While the Court found the apportionment was constitutionally drawn, the decision, written by Justice Ruth Bader Ginsburg for six of the Justices, explicitly stated it does not address whether “states may draw districts to equalize voter-eligible population rather than total population.” Justices Clarence Thomas and Samuel Alito each issued separate concurring opinions. The Court decision is available here.

On March 31, a bill overhauling campaign finance passed by the Arizona Legislature was signed into law by Gov. Doug Ducey. Among the changes to the state’s law, Senate Bill 1516 allows groups registered with the IRS as “social welfare” organizations to withhold disclosing donor information, removes spending caps on expenditures for political fundraisers, and allows for candidate to candidate transfers of campaign funds.

“When it comes to free speech and participation in the democratic process, our laws should reflect the goal of making it easier for more citizens to engage. That’s what this reform package does,” the Albuquerque Journal reports Ducey as saying. The law becomes effective January 1, 2017.

State and Federal Communications held a Brown Bag Lunch Day on March 15 to raise money for the Akron-Canton Regional Foodbank’s 2016 Harvest for Hunger campaign. Employees offered donations to the cause, shared their lunch time, and the company matched those donations. “We were thrilled to help this vital program. Let’s eliminate hunger in our community!” said President and CEO Elizabeth Bartz.

The Foodbank’s President and CEO Dan Flowers dropped by to visit the office and to say thanks.

A special election for House District 162, held on March 29, 2016, is headed for a runoff after no candidate received more than 50 percent of the vote. Voters will return to the polls on April 26, 2016 to choose between Rev. Carl Gilliard and Alicia Blakely.

The winner will become the office’s incumbent for the May 24 primary. Josey Sheppard, Jr., who came in third, plans to run against Gilliard and Blakely in the May primary to determine who will hold the seat for the 2017-2018 term, as all three are running as Democrats.

National:

Feeling G.O.P. Peril, Muslims Try to Get Out Vote
New York Times – Alan Rappeport | Published: 3/24/2016

American Muslims are watching in growing horror as Donald Trump and U.S. Sen. Ted Cruz battle for the Republican presidential nomination, outdoing each other with provocative proposals that have included Muslim registries, immigration bans, and fleets of police patrolling their neighborhoods. National advocacy groups are planning to fend off policies they consider hostile to Muslims with a more proactive strategy: driving up the Muslim vote. Organizations are encouraging mosques to turn themselves into voter registration centers before the November election so Muslims can make their voices heard at the polls. Registration drives are expected to ramp up significantly in June, during Ramadan, when attendance at Islamic centers peaks. Although Muslims make up only about one percent of the U.S. population, civil rights groups have set a goal of registering a million new voters.

Federal:

How Clinton’s Email Scandal Took Root
Washington Post – Robert O’Harrow, Jr. | Published: 3/27/2016

Since Hillary Clinton’s private email account was brought to light a year ago, the matter has been a source of nonstop national news. The FBI is now trying to determine whether a crime was committed in the handling of that classified material. It is also examining whether the server was hacked. The Washington Post reviewed documents and interviewed more than a dozen knowledgeable government officials to understand the decisions and the implications of Clinton’s actions. The resulting scandal revolves around questions about classified information, the preservation of government records, and the security of her email communication.

Surprising Source of GOP Petition
CBS News – Arden Farhi | Published: 3/29/2016

A man who says he authored a petition to allow open carry of guns at the Republican National Convention says he did it to test the limits of the party’s support for the Second Amendment. The petition, which has attracted national attention, reads as if it was written by a supporter of gun rights. Instead, the man behind the petition is a self-professed liberal Democrat and gun control advocate. In response to questions about the petition, the Secret Service said only law enforcement personnel will be allowed to carry firearms at the event.

Union ‘Persuader’ Rule to Offer Rare Look inside DC Consulting
The Hill – Megan Wilson | Published: 3/27/2016

The U.S. Department of Labor finalized the so-called union persuader rule that requires third-party lawyers and outside consultants to disclose when they are paid to advise businesses on resisting union-organizing campaigns. The rule takes effect on July 1. The rule covers activities like conducting union-avoidance seminars, providing materials for employers to distribute to workers, and writing talking points. Registered lobbyists in Washington, D.C. often lament that while their activities are heavily regulated, other professionals in the advocacy industry do similar work without any disclosure requirements at all. Craig Holman, a lobbyist for Public Citizen, said the Labor Department’s persuader rule could show the value in expanding advocacy disclosure beyond registered lobbyists.

From the States and Municipalities:

Alabama – Governor of Alabama, Robert Bentley, Says He Won’t Quit
New York Times – Alan Blinder | Published: 3/30/2016

Rebekah Caldwell Mason announced her resignation, saying she would no longer serve as Alabama Gov. Robert Bentley’s senior political adviser after he publicly admitted making inappropriate remarks to her but denied the two ever had an affair. It was uncertain whether it would be politically feasible for Bentley to remain in office. Some lawmakers are talking of impeaching the governor. His former pastor said Bentley was no longer a member of the Tuscaloosa congregation where he was once a deacon. The Alabama Ethics Commission said it would investigate whether Bentley and Mason had committed wrongdoing.

Arizona – Bill Overhauling Campaign Finance Laws Heads to Arizona Governor
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 3/29/2016

The Arizona Legislature passed a bill that rewrites campaign finance law, including a provision that would remove food, beverages, and invitations from the list of what is considered a political contribution or expenditure under state law. It also eliminates existing law that requires groups that spend money to influence elections to register first with the state. Critics call the legislation a back-door attempt to expand the influence of anonymous political spending in elections. Senate Bill 1516 now goes to the governor.

Arkansas – Ex-Judge Gets 10-Year Sentence for Taking Bribe
Arkansas News – John Lyon | Published: 3/24/2016

A former Arkansas judge was sentenced to 10 years in prison in federal court after he pleaded guilty to lowering the amount of damages a jury awarded in a civil suit in exchange for campaign contributions. Michael Maggio, a former state District Court judge, reached a plea deal where he admitted to receiving the bribes to reduce a $5.2 million judgment in a civil negligence case against a nursing home company to $1 million. Maggio met with an unidentified person who said he could provide about $50,000 in campaign funds in return for a favorable ruling in the civil case. Maggio was removed from office in 2014 after admitting he disclosed information about the adoption of a child by actress Charlize Theron, which was handled by another judge in the state.

California – Lobbying Class Teaches Sacramento State Students ‘Rough and Tumble’ Politics
Sacramento Bee – Taryn Luna | Published: 3/28/2016

Richie Ross is best known as a campaign consultant for many of California’s highest ranking Democrats and a longtime lobbyist and ally of the United Farm Workers. But he has a side job that few have heard about: helping to teach undergrads at Sacramento State University how to develop and carry an actual bill through the state Legislature. In the course description, “Making a New Law” is defined as “hands-on and grounded in rough and tumble politics.” Few universities offer lobbying majors or programs specifically geared for students interested in the profession. Ross said internships can provide valuable experience, but do not necessarily give students an insider’s perspective.

Florida – Opa-locka’s ‘Shadow’ Force Moves Millions in City Contracts
Miami Herald – Jay Weaver, Michael Sallah, and Katie Lepri | Published: 3/28/2016

In a community where money begets political favors at City Hall, Dante Starks has known few equals in pulling the levers of government in Opa-locka, Florida. The lobbyist has helped steer millions of dollars in public works projects to clients, shut down police investigations, and pushed successfully for the firing of a city manager – all after his own arrest on public bribery charges nearly a decade ago. Now, Starks is at the center of a federal investigation that threatens to topple him and a cadre of elected leaders in the most comprehensive corruption probe in Miami-Dade County in decades. A federal grand jury has issued 18 subpoenas to current and former City Hall employees in a kickback investigation involving nearly every public works project in Opa-locka in the past 10 years.

Kentucky – Beshear Aide Charged in Kickback Scheme
Louisville Courier-Journal – Joseph Gerth, Andrew Wolfson, and Tom Loftus | Published: 3/26/2016

The former secretary of the Kentucky Personnel Cabinet allegedly took more than $200,000 in kickbacks to steer business to a consulting company and make illegal campaign contributions. Timothy Longmeyer was charged with bribery. The alleged kickback scam involved the Kentucky Employees’ Health Plan, which is administered by the department that Longmeyer headed. The state contracts with private insurance companies such as Humana and Anthem to provide services to employees. The affidavit alleged Longmeyer abused his authority over the health plan in order to get Humana and Anthem to give business to a consulting company in return for bribes from the company.

Michigan – Feds Charge 12 Detroit School Principals with Bribery
USA Today – Katrease Stafford and Tresa Baldas (Detroit Free Press) | Published: 3/29/2016

Thirteen former or current principals with the Detroit Public Schools (DPS) system face federal conspiracy and bribery charges in an alleged scheme to receive kickbacks from Allstate Sales, a school supplies vendor. According to the charges, the principals approved fraudulent invoices from the vendor in order to receive payment from DPS for supplies that were ordered. Allstate Sales reportedly provided cash, checks, or gift cards to the principals in many cases as kickbacks, instead of delivering the full amount of supplies that were ordered. The payments for all of the defendants total more than $800,000. U.S. Attorney Barbara McQuade said DPS suffered a loss of $2.7 million in the scheme.

Missouri – Lawmakers Bunking with Lobbyists Show More Cozy Connections in Capitol
St. Louis Post-Dispatch – Kurt Erickson | Published: 3/30/2016

A review of data collected by the Missouri Ethics Commission shows at least 13 state legislators have had business relationships in the past year with lobbyists, ranging from the renting of sleeping rooms to the use of lawmaker-owned businesses. It is all perfectly legal for lawmakers to have business dealings with lobbyists under Missouri’s ethics laws, where candidates can take unlimited amounts of campaign money and be entertained by the companies and groups seeking to influence policy. The housing data comes from business relationships reported by lobbyists on their monthly reports. Along with reporting how much they spend on legislators, lobbyists must note any direct business relationships or partnership with any public official.

Montana – Montana Lawmakers Rarely Refrain from Voting on Personal Interests
Helena Independent Record – James DeHaven | Published: 3/27/2016

Montana law requires the disclosure of potential conflicts-of-interest for state lawmakers only ahead of votes that “have a direct and distinctive personal impact on the legislator.” The law also leaves questions about the determination and enforcement of such conflicts up to each lawmaker and a pair of partisan legislative ethics committees that have not met for at least the past decade. An analysis of more than 900,000 floor and committee votes over the past four legislative sessions found just 20 recorded instances of a lawmaker announcing a conflict-of-interest ahead of a vote. Records point to only three documented instances when a legislator abstained from a vote in light of that conflict.

Ohio – City Hall Scandals Prompt Ginther to Propose New Ethics Rules
Columbus Dispatch – Lucas Sullivan | Published: 3/28/2016

The Columbus City Council approved new ethics regulations that center on more accountability for lobbyists, increased campaign finance reporting for city candidates, and more disclosure of gifts and trips by elected officials. The rules, which go into effect in April, will increase the penalties for noncompliance. Under the reforms, lobbyists will be required to disclose expenditures and interactions with any elected city officials and some of their staff three times a year. Lobbyists who make false statements or disclosures will be subject to first-degree misdemeanors. There will also be additional disclosure beyond the state requirement for gifts provided to city officials, including the type of gift, who gave it, and the value.

South Carolina – Wilson Defends Firing of Pascoe, Johnson Refuses Job
Greenville News – Tim Smith | Published: 3/30/2016

South Carolina Attorney General Alan Wilson defended his decision to fire David Pascoe, a special prosecutor he had appointed to investigate corruption within South Carolina’s Legislature. Pascoe filed a petition with the state Supreme Court asking it to immediately hold a hearing and rule on whether Wilson has the authority to remove him. Meanwhile, the man tapped by Wilson to lead the inquiry, Dan Johnson, is refusing to take the job until the Supreme Court issues a decision in the matter. Wilson said he was shocked and disappointed to learn of the plea deal with House Speaker Bobby Harrell that Pascoe had negotiated. Harrell pleaded guilty to six misdemeanor counts of misusing his campaign funds and avoided jail time with his sentence.

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.

Citing burnout from over 18 years of elections work, Director of Arkansas Elections Rob Hammons has turned in his resignation to the secretary of state’s office. Assistant Director Leslie Bellamy has taken over as the interim director.

The Elections Division is responsible for maintaining elections records, assisting county officials with conducting elections, and ensuring compliance with federal election laws.

A bill prohibiting communications between members of California’s Coastal Commission and lobbyists during the 24 hour period before commission hearings has passed in committee. The Committee on Elections and Redistricting approved Assembly Bill 2002, getting lawmakers one step closer to making state commissions more transparent.

AB 2002 is one of six bills currently in the legislature aimed at shedding light on state boards and commissions. All of the proposed bills must still pass floor votes in both houses.

The Wisconsin Senate announced this month it is unlikely to meet again this year, bringing an unofficial end to a two-year session. Both houses of the legislature may choose to reconvene for a brief floor period in April.

The legislature made several significant strides while in session, including partially eliminating the state’s prevailing wage, passing a contentious budget, replacing the Government Accountability Board with ethics and elections commissions, and overhauling state campaign finance laws.

The Washington State Legislature adjourned its special session on March 29, 2016. The special session was needed to pass a supplemental budget.

The new budget plan increases spending by $191 million.

The U.S. Government Accountability Office (GAO) released its audit of federal lobbying compliance for 2015. For the audit, the GAO reviewed a random sample of 80 quarterly disclosure reports filed for the third and fourth quarters of calendar year 2014 and the first and second quarters of calendar year 2015. They also reviewed random samples of 160 LD-203 reports for the year-end 2014 and midyear 2015 reports.

Among its findings, the GAO concluded 93 percent of filers of lobbying disclosure reports were able to provide documentation to support reported income and expenses, 85 percent filed the required federal political campaign reports, and 69 percent of the reported income and expenses were properly rounded to the nearest $10,000. The audit estimates at least 21 percent of all lobbying disclosure reports did not properly disclose formerly held covered positions.

The 54 page report, released on March 25, 2016, is titled “2015 Lobbying Disclosure Observations on Lobbyists’ Compliance with Disclosure Requirements.”

Gov. Phil Bryant has set a special election to fill a vacant seat in the state House. The election for the District 29 seat will be held June 7, 2016, with a runoff on June 28, 2016, if necessary.

The position opened last week after Rep. Linda Coleman accepted an appointment as a circuit judge. She had served as District 29’s representative since 1992.

The Columbus City Council passed three new pieces of ethics legislation on Monday, March 28, strengthening financial disclosure provisions and amending city campaign finance and lobbying laws.

Ord. 0084-2016 requires lobbyists to file updated registration statements in January, May, and September of each year. Knowingly failing to register as a lobbyist will be a third degree misdemeanor, while knowingly filing a false statement will be a misdemeanor of the first degree.

Although state campaign finance laws apply to municipal elections, Ord. 0087-2016 requires additional election period communication disclosure statements to be filed with the Franklin County Board of Elections and with the city clerk if contributions or expenditures for the reporting period equal or exceed $10,000.

Among other changes, Ord. 0086-2016 expands financial disclosure requirements for public office holders and candidates, requiring a description of each gift or aggregate of gifts over $75 from certain sources.

All three ordinances go into effect September 28, 2016.

A new lobbying ordinance may be coming to Travis County, Texas, according to the Austin American-Statesman. An ethics code, possibly including a lobbyist registration and reporting component, is being considered by the county, with recommendations to be accepted in May from a task force made up of county officials.

“As a general rule, it’s really important for all government functioning to be very, very transparent and for the public and the elected officials to know who’s talking to them on behalf of whom. And right now, there’s no lobbyist registration requirement,” said Commissioner Brigid Shea according to the paper.

Seal of Travis County courtesy of Travis County, Texas on Wikimedia Commons.