The City and Borough of Juneau Assembly voted to call for a special election to elect a mayor for the remainder of the current term. Deputy Mayor Mary Becker stepped in to the role in November following the passing of Mayor Greg Fisk. The special election will be held Tuesday, March 15. Because Becker was serving as Assemblymember for District 1 when she became mayor, there is now a vacant seat on the Assembly.

Interested applicants for the seat will be interviewed during a Special Assembly meeting on Monday, January 11. On Tuesday, January 12, the Assembly will hold a Special Assembly Meeting with the Juneau Legislative Delegation and will conduct a public hearing followed by Assembly action regarding appointment to the vacant District 1 seat.

South Dakota Rep. Jim Bolin believes ballot initiatives should require support from voters across the state prior to being added to a ballot. He plans to introduce a bill limiting the number of signatures from the state’s three largest counties by population to no more than 50 percent of the signatures obtained. According to U.S. Census data, those three counties account for nearly 40 percent of the state’s population.

Bolin claims the signatures gathered in the three counties do not always represent the interest of the entire state. Ballot measure sponsors, however, do not want to restrict a voter’s right to be considered qualified based on his or her county of residence.

State Rep. Bart Korman filed a bill on Wednesday to add sex between lawmakers and lobbyists to the gifts required to be reported on ethics forms. The bill defines a reportable sexual gift as “sexual relations between a registered lobbyist and a member of the general assembly or his or her staff.” It excludes sex in a marriage or in a relationship in existence prior to either party’s lobbyist registration or legislative employment.

State Rep. Caleb Rowden has proposed a gift ban barring lobbyists from giving any tangible or intangible service or thing of value to an elected official or to the official’s staff, spouse, or dependent children. Korman says he has no objections to such a gift ban, but stresses there should be no easy ways around it.

While Korman’s bill covers sex as a defined gift, the reporting of sexual relations would not require a dollar valuation.

Columbus Mayor Andrew Ginther has proposed three new ordinances providing for an increase in lobbying oversight and gift disclosure, additional campaign finance disclosure, and the hiring of an inspector general. Columbus City Council is expected to hold a public hearing on the proposals in the coming weeks and to vote on them by late February.

With the lobbying proposal, Ginther wants the city to establish a new lobbyist registry to track the activity of lobbyist vendors seeking contracts with the city. Additionally, lobbyists would be required to disclose expenditures made on elected officials and department directors.

Photo of Mayor Ginther by David Paul on Wikimedia Commons.

City Council Speaker Melissa Mark-Viverito has agreed to pay $7,000 to settle charges of campaign finance violations. Mark-Viverito was accused of accepting free consulting advice from a lobbyist in her efforts to land her position in 2013. In addition to the $7,000 fine, Mark-Viverito must pay over $3,700 to the Advance Group, who was the consulting organization giving her free advice.

Along with Mark-Viverito, Scott Levenson, the Advance Group’s president and a registered lobbyist, was also fined $4,000 for his role in the matter. The Advance Group was previously fined $15,000 by the New York City Campaign Finance Board and $10,800 by the state of New York for other violations in the 2013 elections.

Photo of City Council Speaker Melissa Mark-Viverito by wiscDennis on Wikimedia Commons.

On January 5, California legislators introduced a bill with pay-to-play implications. Sen. Jerry Hill introduced a bill forbidding members of the state Board of Equalization from acting on any tax matters involving donors who had given any amount of money to their political campaigns in the previous 12 months.

Hill and his fellow lawmakers are concerned about a loophole that currently exists allowing companies with an interest in board decisions to skirt the limit.

The bill is now being considered in committee.

Photo of Sen. Jerry Hill by Dave on Wikimedia Commons.

The New Hampshire Legislature begins the New Year addressing campaign finance issues stemming from the U.S. Supreme Court Citizens United decision. On Wednesday, January 6, the House will review Senate Bill 136, a bill first introduced in the 2015 legislative session. The bill, which passed the Senate last year, establishes a committee to review constitutional amendments pending in Congress regarding the Citizens United decision and related cases having been introduced in the United States Supreme Court.

Photo of the New Hampshire State House by AlexiusHoratius on Wikipedia.

Now, that is one sexy topic for a conference session!! To be honest, it is a session at the 2016 Public Affairs Council National PAC Conference in Miami, Florida and yours truly is one of the session leaders along with our good friend Jennifer Spall, senior director of political programs at Wal-Mart.

Here is my #1 comment about 2016—If you are not involved with making political contributions, you might as well hibernate. It will be a huge campaign season—from city, county, state, and president. Our office is already vetting contributions for 2018 elections.

Register for the conference at www.pac.org and hear many of our contributions colleagues around the country speak about how important it is to manage and organize how, when, and why contributions are made.

And, if that isn’t enough of an enticement…Plan on joining the State and Federal Communications team on Wednesday, March 9th for lunch. We want to give you the opportunity to take a tour of our website and see the important information we provide to thousands of your counterparts in corporate and trade association government affairs firms.

There is a lot to know about campaign finance and making political contributions. And, whether you care about reform or not (as published by Doug Pinkham’s December 22nd blog), you do need to know there are things to keep track of to protect your organization. This is the week to promote to your professional development.

Until next month, remember it is impossible to have 50 state political contributions laws in your head…Join us in Miami and find out how you can be the expert at your organization.

Thank you.
Happy New Year.

Elizabeth Z. Bartz

President and CEO
@elizabethbartz

Here is our January calendar:

January 7-9   NCSL Executive Winter Meeting, Salt Lake City, Utah

January 8-10   Women in Government State Directors’ Conference, Tampa, Florida

January 10-14   PAC Institute, Laguna Beach, California

January 12   WGR Toastmasters, Washington, DC

January 20-22   United States Conference of Mayors, Washington, DC

January 25-28   PAC Grassroots Conference, Orlando, Florida

Following a ruling by the California Supreme Court, the California Legislature is permitted to place an advisory measure related to campaign finance on the November 2016 ballot. The advisory measure asks voters their opinions on campaign finance and whether there should be a federal constitutional amendment to overturn Citizens United.

A conservative group challenged the constitutionality of the advisory measure, insisting the Legislature was prohibited from putting such measures before voters. The California Supreme Court ruled the advisory measure is permissible because state legislatures have a role in passing federal constitutional amendments, and therefore it met the required nexus between an advisory measure and a potential legislative action.

Proposition 49, the “Citizens United” measure, will appear on the general election ballot in November 2016.

The Joint Commission on Public Ethics (JCOPE) has formally accused former Assemblyman Dennis Gabryszak of using his government office to aid his reelection campaign, as well as sexually harassing several female staff members.

JCOPE’s investigators found Gabryszak used his office resources, including phones, computers, and printers to aid his political campaigns. The commission also determined Gabryszak used his position to “create and perpetuate an environment in which he could engage in sexually inappropriate behavior.”

The commission accused Gabryszak of at least five violations of New York’s Public Officers Law in what a commission spokesman called “a deplorable exhibition of how not to act in public service.”

The case will now move to the Legislative Ethics Commission, which will decide whether and how much to fine Gabryszak. Each violation of the Public Officers Law carries a penalty of up to $10,000.

Lobby Comply is taking a holiday break. We’ll be back on Monday, January 4.

Enjoy your holidays!

National:

‘Dark Money’ Biggest Campaign Finance Challenge Facing States
Denver Post – Geoff Mullvihill (Associated Press) | Published: 12/21/2015

With the presidency at stake in 2016 – as well as a dozen gubernatorial races, 34 U.S. Senate contests, all seats in the U.S. House, and scores of mayoral races, state legislative seats, and ballot initiatives – dark-money spending is expected to grow, and handling it has become the biggest campaign finance challenge for states nationwide. Some Legislatures are trying to collect and publish the sources of these donations, but most states allow independent groups to spend unlimited cash on political ads with little transparency. At least one state, Wisconsin, is moving away from disclosure: Gov. Scott Walker signed laws that blur the lines between the activity of candidate campaigns and groups that in almost all other states are supposed to act independently.

Sanders Data Controversy Spotlights Powerful Gatekeeper
Politico – Nancy Scola | Published: 12/20/2015

While Bernie Sanders may have calmed a controversy by apologizing to Hillary Clinton for his campaign’s viewing and downloading of her voter data information, the extent of the damage done to both campaigns is not yet clear. If nothing else, it has reminded Democrats of the risks of leaning so heavily on one private company to provide its technology infrastructure. At the heart of the matter is a firm that functions as the digital plumbing of the Democratic Party: NGP VAN. Democrats are nearly wholly dependent on it, which is why the breach and the Sanders campaign’s subsequent cutoff from the system is so rattling the party.

Trump Played a Clever Trick When He Called Clinton’s Bathroom Visit ‘Disgusting’
Washington Post – Zachary Goldfarb | Published: 12/22/2015

Donald Trump made another polarizing comment when he said it was “too disgusting” to talk about Hillary Clinton’s use of the bathroom during the last Democratic debate and she had got “schlonged” by Barack Obama when she lost to him in the 2008 Democratic primary. Trump was surely talking off-the-cuff in his usual style, and the comments were criticized as offensive and sexist, but it was another example of his mastery in exploiting the psychological biases of conservatives who see much to dislike in today’s society and express support for Trump in the polls. In fact, academic research has shown conservatives have a particular revulsion to “disgusting” images. The research – still debated – suggests psychological and even biological traits divide people politically. These are attributes that may help explain why Trump has been so popular among a segment of the electorate, confounding political and media elites.

Federal:

As TV Ad Rates Soar, ‘Super PACs’ Pivot to Core Campaign Work
New York Times – Nick Corasaniti and Matt Flegenheimer | Published: 12/22/2015

Soaring advertising costs in early primary states are compelling major super PACs to realign their tactics, de-emphasizing the costly broadcast television buys that had been their main role in past presidential campaigns in favor of the kind of nuts-and-bolts work that candidates used to handle themselves. They are overseeing extensive field operations, data-collection programs, digital advertising, email lists, opposition research, and voter registration efforts. No one yet knows whether field and data efforts spearheaded by outside groups will be as effective as they are in the hands of a candidate.

Hospitality and Gambling Interests Delay Closing of Billion-Dollar Tax Loophole
New York Times – Eric Lipton and Liz Moyer | Published: 12/20/2015

As congressional leaders were hastily braiding together a tax and spending bill of more than 2,000 pages, lobbyists swooped in to add 54 words that temporarily preserved a loophole sought by the hotel, restaurant, and gambling industries, along with billionaire Wall Street investors, that allowed them to put real estate in trusts and avoid taxes. They won support from Senate Minority leader Harry Reid, who responded to appeals from executives of casino companies, politically powerful players and huge employers in his home state. And the lobbyists even helped draft the crucial language. The small changes, and the enormous windfall they generated, show the power of connected corporate lobbyists to alter a huge bill that is being put together with little time for lawmakers to consider. Throughout the legislation, there were thousands of other add-ons.

How America’s Dying White Supremacist Movement Is Seizing on Donald Trump’s Appeal
Washington Post – Peter Holley and Sarah Larimer | Published: 12/21/2015

For large numbers of Americans, Donald Trump’s blunt rhetoric surrounding immigration, minority groups, and crime may sound like finely tuned retrograde vitriol. But for a growing number of white nationalists flocking to the campaign’s circus-like tent, the billionaire sounds familiar, like a man fluent in the native tongue of disaffected whites. It is a language they never thought they would hear a mainstream politician in either party use in public. And they are desperately hoping Trump’s rise from reality-show figure to Republican front-runner may be the beginning of something that transcends the campaign trail.

New FEC Chairman Aims to Calm Agency at War with Itself
Center for Public Integrity – Dave Levinthal | Published: 12/21/2015

Matthew Petersen was appointed FEC chairperson for 2016. The Republican Petersen says his tenure at the agency’s helm will prove decidedly different than that of Democrat Ann Ravel, the current chair who has used her office’s meager power – a bully pulpit, mainly – to its maximum. Personal and ideological rifts have meant commissioners have largely been unwilling to tackle the nation’s thorniest election law issues this year, such as the degree to which super PACs may work with the political candidates they support. Even if the FEC in 2016 is kinder and gentler, reform activists worry it will be no more functional, and possibly less.

From the States and Municipalities:

California – Critics Decry Contributions to Councilman Englander from Taser Execs Seeking LAPD Camera Contract
Los Angeles Times – David Zahniser | Published: 12/21/2015

As voters went to the polls in 2011 to crack down on what some referred to as “pay-to-play” practices at Los Angeles City Hall, passing a measure to limit the political influence of companies that seek government business. Measure H prohibits firms seeking lucrative city contracts from making campaign contributions to the politicians who have final say over those agreements. But that law may prove to be toothless in the case of Taser International, the company currently up for a $31.2-million contract to provide thousands of body cameras to the Los Angeles Police Department. Last year, a dozen donors affiliated with Taser, half of them company executives, put $8,400 into the re-election bid of Councilperson Mitch Englander, who heads the council’s Public Safety Committee, which recently reviewed the effort to buy 6,140 cameras and 4,400 Tasers. Englander says the campaign money is not covered by the ballot measure’s restrictions.

Missouri – Andrew Blunt’s Lobbying Work Faces Scrutiny as He Manages Father’s Re-Election Bid
Springfield News-Leader – Deirdre Shesgreen (USA Today) | Published: 12/18/2015

In the past nine months, lobbyist Andy Blunt has added seven new clients to his already packed roster, including the University of Missouri, which is paying him $10,000 a month, and the Missouri Cable Telecommunications Association, which hired him to serve as its executive director. In all, Blunt now has 36 clients, according to a review of Missouri Ethics Commission filings. Blunt’s allies say his long client list is a product of his hard work and political savvy. The 39-year-old Springfield native says he never lobbies his father, U.S. Sen. Roy Blunt, or any other federal official – establishing a “bright line” between his clients’ priorities in Jefferson City and his father’s political pull in Washington. But critics say Andy Blunt has used his last name and family connections to build a lobbying empire. And they argue his dual roles as a Missouri lobbyist and the senator’s campaign manager are rife with possible conflicts-of-interest.

Missouri – Missouri Legislative Staffers Earn Big Money as Political Consultants
Kansas City Star – Jason Hancock | Published: 12/20/2015

Statehouse staff members doing campaign work has long been a way of life at the Missouri Capitol. It is legal, as long as political work is not done on taxpayer time. Many see no harm in the practice, since it typically involves low-level legislative aides. Senior staff, who earn much bigger checks from campaigns, say they go to great strides to keep the two worlds separate. To critics, the scenario represents a potential conflict-of-interest, with the integrity of the legislative process compromised when staff members who earn taxpayer-funded salaries are also getting paid by outside interests with a stake in policy outcomes. Since most staff are not mandated to file the same sort of financial disclosures required of lawmakers, the flow of money can be difficult to track.

New Mexico – Can New Mexico Break Its Cycle of Corruption?
Governing – Alan Greenblatt | Published: 12/21/2015

The recent resignation, conviction, and incarceration of former Secretary of State Dianna Duran for embezzlement and money laundering has already prompted calls for major changes to New Mexico’s ethics and campaign finance laws. But watchdogs are skeptical that change will come. That is because for one, the Legislature is scheduled to meet for only 30 days in 2016. And although House Democrats introduced an ethics package, it is not certain how much momentum it will get, partially because many advocates worry the public has already grown too skeptical to think it is worthwhile to demand systemic change.

New Mexico – SOS Updates Guidelines for New Mexico Lobbyists
New Mexico In Depth – Sandra Fish | Published: 12/22/2015

The New Mexico secretary of state’s office published an updated set of guidelines for lobbyists. New Mexico in Depth reviewed lobbyists’ campaign contributions between 2013 and 2015. It noted it often was unclear if the lobbyist or an employer made donations reported by lobbyists. KOB-TV ran a series of stories about inconsistencies in campaign accounts, most of which occurred because of lax lobbyist reporting. The online reporting system is being updated to allow lobbyists to include the employer who makes a contribution. Lobbyists are asked to avoid reporting campaign donations cumulatively, instead listing individual contributions so they can be more easily compared to candidate reports. The rules also clarify that cumulative reporting of spending on lawmakers for meals and drinks of less than $75 per person should be more detailed than a single entry of all expenses for “various legislators.”

New York – Albany Trials Exposed the Power of a Real Estate Firm
New York Times – William Rashbaum | Published: 12/18/2015

One man who was a key player in the corruption cases against former New York lawmakers Dean Skelos and Sheldon Silver never appeared in the courtroom: Leonard Litwin, the 101-year-old owner of Glenwood Management, an influential developer that is among the state’s most prodigious political donors. The two trials revealed how entwined the interests of Glenwood and other developers are with the business of the state. Testimony, documents, emails, and other evidence provided the most detailed look to date at the ways in which Glenwood and others worked the levers of power to marshal tens of millions of dollars in campaign contributions through a maze of limited liability companies, trade associations, and political groups.

Pennsylvania – Scandal’s Web Trips Pennsylvania Attorney General Kathleen Kane
New York Times – Michael Wines | Published: 12/18/2015

By themselves, the emails were arresting enough: videos, photographs, cartoons, and jokes, some depicting sex acts; others mocking or demeaning blacks, gays, Muslims, and even the poor and uneducated. But just as disturbing is where they were found: on Pennsylvania government computers, in email accounts whose owners included some of the state’s most powerful figures. Since Kathleen Kane, Pennsylvania’s attorney general, released the first of the messages last year, a cabinet officer and a state Supreme Court justice have resigned, another justice is clinging to his job, and scores more have been censured or fired. It is the sort of scandal that an ambitious politician could easily ride to public acclaim and higher office. But for Kane, the email scandal has become a last-ditch weapon in a struggle to keep her job, and perhaps her freedom.

Texas – Austin Officials to Create New Lobbying Registration, Reporting Rules
Austin American-Statesman – Lilly Rockwell | Published: 12/17/2015

After easing concerns from the city’s development-oriented industries, the Austin City Council approved a proposal to strengthen lobbying registration requirements. The proposal would require more people engaged in advocacy at City Hall to register, and it bolsters the city’s ability to enforce its lobbying laws. The council’s vote directed the city manager to craft this ordinance, which will return to the council for final approval next year.

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.

Continuing a recent trend, Pennsylvania lawmakers plan to introduce a series of bills aimed at making lobbyist activity more transparent. The changes include broadening the defintion of a lobbyist, increasing the fine for violations of the lobbying law, and prohibiting a lobbyist from working on a political campaign.

State Sen. Scott Wagner will lead the charge by introducing two of the six bills, including one to require lobbyists to report any item of value given to a legislator. The senators believe there is wide support for the proposed changes.