Colorado Secretary of State Wayne Williams announced changes to the state’s campaign and political finance rules.

The amendments concern the reporting, use, and transfer of a candidate committee’s unexpended funds.

The rule changes are temporarily effective December 3 and will become permanently effective on December 23.

On November 28, a panel of the U.S. Court of Appeals for the Eighth Circuit panel affirmed a district court ruling that Missouri statutes regarding lobbyist registration and reporting were constitutional.

In Calzone v. Summers, The U.S. Court of Appeals for the Eighth Circuit upheld the United States District Court for the Western District of Missouri’s finding that the First Amendment does not shield unpaid individuals designated to act as a lobbyist from registration and reporting requirements under sections 105.470 and 105.473 of the Missouri Revised Statutes.

Federal:

How FEC Babysitting Decision Could Pave Way for More Hill Diversity
Roll Call – Stephanie Akin | Published: 11/26/2018

The FEC in May decided for the first time ever that child care was a legitimate campaign expense, on par with polling or campaign signs. In future years, the change is expected to increase the number of middle-class parents who take on the staggering time and financial commitments of a campaign. Because the FEC decision came just six months before Election Day, it is too early to tell if that will be the case. But the candidates who reported babysitting expenses this cycle provide the first indication of the difference it will make.

Manafort’s Lawyer Said to Brief Trump Attorneys on What He Told Mueller
MSN – Michael Schmidt, Sharon LaFraniere, and Maggie Haberman (New York Times) | Published: 11/27/2018

Former Trump campaign chairperson Paul Manafort’s attorney repeatedly spoke with the president’s lawyers about discussions with federal investigators after Manafort agreed to cooperate with special counsel Robert Mueller. Rudy Giuliani, who represents Trump in the special counsel’s investigation, said Manafort’s lawyer, Kevin Downing, relayed that investigators pressed Manafort on what Trump knew about the June 2016 Trump Tower meeting between campaign associates and a Russian lawyer who had promised dirt on Hillary Clinton. Trump’s legal team has maintained a joint defense agreement with witnesses in Mueller’s investigations, including Manafort. But it is uncommon for those agreements to continue after a witness reaches a plea agreement with prosecutors.

From the States and Municipalities:

Alaska: Judges Open Door Wider for Out-of-State Money in Alaska Elections
Anchorage Daily News – James Brooks | Published: 11/27/2018

A federal appeals court panel ruled Alaska’s limit on what nonresidents can contribute to candidates is unconstitutional. But the three-judge panel of the Ninth U.S. Circuit Court of Appeals upheld other donation limits it said were tailored to prevent corruption or the appearance of corruption. The judges upheld limits on contributions made by individuals to candidates and groups that are not political parties. They also upheld caps on the total amount a political party can give municipal candidates. The majority found the aggregate limit on what candidates can get from nonresidents violates the First Amendment. The opinion says states must show limits fight potential corruption and can’t simply go after “undue influence.”

District of Columbia: D.C. Council Approves Sweeping Reforms to Combat ‘Pay-to-Play’ Politics
Washington Post – Peter Jamison | Published: 11/20/2018

The District of Columbia Council gave preliminary approval to new campaign finance regulations, including restrictions on government contractors’ political contributions, bringing a potential sea change to a city that has witnessed repeated corruption scandals. The bill would ban campaign donations from firms and their top executives if they hold or are seeking government contracts worth at least $250,000. It would also give new authority and independence to the city’s Office of Campaign Finance, long viewed as a weak enforcer, and require increased disclosures from independent expenditure committees.

Maryland: Hogan Names Panel to Redraw Maryland’s 6th District, Despite Frosh Appeal of Court Order to Fix Gerrymandering
Baltimore Sun – Michael Dresser | Published: 11/26/2018

Gov. Larry Hogan created an “emergency” commission to redraw the borders of Maryland’s Sixth Congressional District, moving ahead on a new map despite state Attorney General Brian Frosh’s appeal of a federal ruling that ordered the redraft. Hogan signed an executive order creating a nine-person commission – made up of three Democrats, three Republicans, and three unaffiliated voters – to propose a new map. The governor’s decision puts the state on two paths in responding to the decision. As Maryland’s chief lawyer, Frosh is fighting to have the U.S. Supreme Court hear the case and rule before a new map is created. Meanwhile, Hogan, as chief executive, is pushing forward with an effort to comply with it.

Missouri: Court Ruling Could Force Everyday Missourians to Register as Lobbyists, Attorneys Say
Kansas City Star – Jason Hancock | Published: 11/29/2018

An appeals court panel ruled against a man challenging a Missouri law that places restrictions on unpaid political activists. Ron Calzone was testing the law that requires anyone attempting to influence lawmakers to follow the same rules as professional lobbyists. That means an individual would have to register as a lobbyist and file as many as 14 reports with the state each year. A panel of the Eighth U.S. Circuit Court of Appeals decided the First Amendment does not shield citizen activists from these requirements or the penalties for noncompliance. The U.S. Supreme Court has not reviewed a lobbyist registration case since 1954’s United States v. Harriss, in which the court limited the reach of a federal statute to only cover “those who for hire attempt to influence legislation or who collect or spend funds for that purpose.”

Missouri: Parson Alters Lobbyist Gift Ban Rules Imposed by Greitens
St. Louis Post-Dispatch – Kurt Erickson | Published: 11/20/2018

Missouri Gov. Mike Parson tweaked an order issued by his predecessor that could bring an end to a federal lawsuit over a ban on gifts from lobbyists. In a rewrite of an executive order issued by former Gov. Eric Greitens on the day he took office in 2017, Parson altered a section that prohibited executive branch employees from accepting gifts. The new wording, which adopts descriptions found in existing law, could allow groups like a Virginia-based law firm to distribute informational books to employees of the governor’s office.

New Jersey: ‘Dark Money’ Flows into NJ Politics and None of It Has to Be Accounted For
Bergen Record – Dustin Racioppi | Published: 11/26/2018

With the midterms over, New Jersey lawmakers will soon turn their attention to the 2019 legislative races. If recent history is an indicator, outside money will flood into the state as Democrats try to bolster their majority in the statehouse. And none of it has to be accounted for. This “dark money” is hidden from the public because New Jersey’s rules governing campaign finance have not been updated in years. That is despite a push from the Election Law Enforcement Commission to strengthen the state’s disclosure laws, a push that has been met with inaction by the Democratic-controlled Legislature. The result is a confusing patchwork of regulations that leave the state susceptible to massive amounts of “dark money.”

New York: Lawsuit Seeks to Block New York’s Sweeping New Lobbying Rules
Albany Times Union – Chris Bragg | Published: 11/28/2018

The New York Joint Commission on Public Ethics (JCOPE) this year passed regulations overhauling the rules that cover the state’s lobbying industry. A lawsuit argues JCOPE lacks the authority to create the 92 pages of new regulations. The plaintiffs say those rules would unduly burden lobbyists and their clients and infringe on their free speech rights. The petitioners want to see the regulations struck down in state Supreme Court and are seeking an injunction disallowing JCOPE from enforcing them in the interim. While JCOPE’s staff have said the new rules largely codify decades of existing state ethics opinions, the regulations were meant to update New York’s lobbying rules, as modern lobbying campaigns emphasize the application of public pressure on lawmakers separate from more traditional person-to-person lobbying.

New York: N.Y. Democrats Vowed to Get Big Money Out of Politics. Will Big Money Interfere?
MSN – Vivian Wang (New York Times) | Published: 11/22/2018

A loophole in New York’s campaign finance law has for more than 20 years allowed corporations to create limited liability companies (LLCs) for the sole purpose of giving virtually unlimited amounts of money to candidates. Democrats, in their successful bid to recapture the state Senate for the first time in a decade, campaigned on a promise to close it. But even as they vowed to muzzle big money’s influence, they benefited from the same LLC contributions they were railing against. The corporations’ sudden generosity, and Democrats’ acceptance of it, has raised questions about whether lawmakers will make good on their promise to overhaul New York’s campaign finance system, or whether – now that they have consolidated control of Albany’s levers of power – they might prefer to bask in its perks.

Ohio: City of Columbus Proposes Campaign Finance Reforms
WOSU – Adora Namigadde | Published: 11/28/2018

Mayor Andrew Ginther and other Columbus officials unveiled a proposed campaign finance law that would limit annual individual and group contributions to $12,707.79 and require anyone running election ads to immediately disclose who paid for them. But members of a progressive group that often opposes the city’s Democratic establishment said they believe that limit is too high compared to other cities and are developing their own proposal with a much lower cap. The legislation also would require auditing of campaign finance filings to assure compliance.

South Carolina: Court Case Could Change How SC Statehouse Elections Are Funded
Charleston Post and Courier – Jamie Lovegrove | Published: 11/26/2018

Even before he won a special election to the state Senate in November, Dick Harpootlian landed a potentially game-changing blow to the way statehouse campaigns are funded in South Carolina. Inundated with television ads funded by the Senate GOP caucus, a group that includes all Republican incumbents, Harpootlian filed a lawsuit claiming the ads amounted to an excessive campaign contribution on behalf of his opponent, Benjamin Dunn. If Harpootlian ends up winning the full case, legislators and operatives believe it could have a dramatic impact on the way campaigns are financed moving forward, curbing the influence in elections from powerful party groups.

Tennessee: Mayor Briley Halts Public Works Contracts, Hires Compliance Officer Amid Questions Raised in Audit
The Tennessean – Joey Garrison | Published: 11/27/2018

Nashville Mayor David Briley halted five future Metro Public Works contracts for sidewalk, paving, and other capital projects amid questions raised in a recent audit about the department’s close relationship with a top engineering contractor. The administration also announced plans to hire the city’s first-ever chief compliance officer who will work in the mayor’s office to review ethics in the city’s procurement process. The moves come after it was reported that photos showed executives from Collier Engineering, which has won $48.7 million in Metro contracts since 2010, entertaining city officials inside a company suite at Bridgestone Arena during multiple sporting events this year. In several cases, the city employees did not appear to pay for the tickets, violating the ethics code on accepting gifts.

The Montana Commissioner of Political Practices has proposed to amend the threshold amount a lobbyist can earn to trigger lobbyist registration with the state.

The current amount of $2,550 was set in 2017. The new proposed threshold amount for 2019 is $2,600.

Anyone who is directly affected by the proposal can express their views at a public hearing by making a written request for a hearing no later than 5:00 pm on December 11, 2018.

Hearing requests should be made to Scott Cook at 406-444-2942 or via email at scook3@mt.gov.

Mayor Andrew Ginther and the City Council announced plans to limit contributions to municipal elections for the first time in city history.

The proposal seeks to limit annual contributions to municipal candidates by following state contribution amounts of $12,707.79.

The proposal also requires anyone issuing an advertisement in an election period to disclose contributions, expenditures, and debt. Additionally, all campaign finance filings must be audited.

Officials will host a presentation and hear public feedback on the proposal on Tuesday, December 4 at 6 p.m. in City Council chambers.

City Council will vote on the proposal at the December 10 council meeting. If passed, the proposal will take effect for the 2019 municipal elections.

The Ninth Circuit Court of Appeals held that the Alaska law regulating the annual aggregate limit on campaign contributions from nonresidents of Alaska is unconstitutional.

Two members of the three-judge panel found the nonresident limit does not meet an important state interest and therefore violates the First Amendment.

To meet the important state interest bar, the state must show that the law limiting out-of-state contributions is an effort to prevent corruption, not merely to prevent undue influence.

Annual limits on individual contributions to a political candidate, a nonpolitical party group, or what a political party may contribute to a candidate were unanimously held to be constitutional.

The Atlanta City Council will hold a special election for District 3 on March 19, 2019.

The District 3 seat is vacant after Councilman Ivory Lee Young Jr. passed away on November 16 due to cancer.

The winner of the special election will serve the remainder of Young’s term until 2021. .

If required, a runoff election will be held April 16, 2019.

On November 26, a campaign finance bill concerning municipal elections in Alberta, Canada, was adjourned for consideration of an amendment increasing the proposed fines for third party election advertisers found in violations of the Act.

The provincial government’s initial 180-page legislation, Bill 23, An Act to Renew Local Democracy in Alberta, introduced earlier this month, would ban corporate and union political contributions for municipal and school board elections. Individuals would be limited to contributions of $4,000 for local elections.

Additionally, campaign periods would be shortened from four years to one year before the date of a local election. The bill also requires financial disclosures from all local candidates, including individuals who fund their own campaigns.

Some entities would still be able to receive unlimited contributions from individuals, unions, and corporations, but would have to disclose the names of its contributors to Elections Alberta. Those organizations would also be limited on how the raised funds could be spent.

On November 16, a 289-page bill with various changes to federal lobbying and ethics laws was introduced in the House of Representatives. The identical bill was introduced in August in the U.S. Senate by Sen. Elizabeth Warren.

Among the legislative changes included in H.R. 7140, the “Anti-Corruption and Public Integrity Act”, are an expanded definition of “lobbyist”. The new definition covers individuals employed for compensation making at least one lobbying contact or engaging in lobbying activities that do not include making lobbying contacts.

The bill creates the definition of “corporate lobbyist”, which are lobbyists compensated by for-profit entities and 501(c)(6) organizations like chambers of commerce, but does not include other 501(c) entities or political organizations. Reporting by lobbyists would be expanded to include disclosure of specific bills, policies, and governmental actions attempted to be influenced, meetings with public officials and documents provided to those officials.

The bill permanently bans all foreign lobbying by both foreign actors and American lobbyists. American lobbyists would be prohibited from accepting money from foreign governments, foreign individuals, and foreign companies to influence United States public policy.

Other changes include a life-time ban on lobbying by former presidents, vice presidents, cabinet secretaries, members of Congress, and federal judges. All other federal employees would be banned from lobbying their former office, department, agency, or Congress after leaving their position until the end of the Administration, but for no less than two years or at least six years for corporate lobbyists. The bill prohibits companies from immediately hiring senior government officials from an agency or office recently lobbied by that company.

The law similarly would prohibit large companies, measured by annual revenue or market capitalization, from hiring former senior government officials for four years after they leave the government. Additionally, lobbyists would be prohibited from making political contributions to candidates or members of Congress, giving gifts to the executive and legislative branch officials being lobbied, and from working for any contingency fee. The bill also contains changes to the federal rule-making process, expands the open record laws, creates ethics requirements for the judicial branch, including the Supreme Court, and creates an independent U.S. Office of Public Integrity for enforcement.

An additional part of the bill addresses conflict of interest laws for federal office holders and employees, including a ban on stock ownership, while in office or employed, by members of Congress, federal judges, and White House staff and senior agency officials. Also, the legislation includes the “Presidential Conflicts of Interest Act”, which requires sitting presidents and vice presidents to place conflicted assets into blind trusts to be sold.

Tennessee Gov. Bill Haslam announced a special election to fill the vacancy in Senate District 32, which includes Tipton County and part of Shelby County.

The seat was formerly held by Mark Norris, who resigned after being appointed by the president as a U.S. District Judge for the Western District of Tennessee.

The special primary election will take place on January 24, 2019, with early voting starting January 4, 2019.

The special general election for the seat will be held on March 12, 2019, with early voting beginning February 20, 2019.

The Washington D.C. Council approved a bill in a first full council vote that aims to restrict political contributions by government contractors doing business with the district.

The bill also addresses improper coordination between campaigns, political action committees and independent expenditure committees.

The pay-to- play component of the bill would ban campaign contributions by businesses seeking contracts of $250,000 or more.

The council votes again on the bill in December. If approved and funded, the bill would take effect on October 1, 2019.

Pay-to-play provisions would take effect after the November 2020 general election.

Missouri Gov. Mike Parson signed an executive order superseding an ethics policy implemented by his predecessor, former Gov. Eric Greitens.

Greitens’ first act as governor in 2017 was to issue Executive Order 17-02, banning executive branch employees from accepting lobbyist gifts and prohibiting governor’s office personnel from lobbying the executive branch if they leave their jobs.

Parson’s Executive Order 18-10 now bans employees of the Office of the Governor from acting as an executive lobbyist until the end of the administration in which he or she served.

The order also alters what gifts executive branch employees are banned from accepting from lobbyists, opening the door for “educational” materials such as books and souvenirs valued at less than $10.

The executive order became effective as of November 20, 2018, when it was signed.

The Utah Legislature will meet in a special session on December 3 to discuss the voter-approved medical marijuana ballot measure passed by a majority of voters this month.

This week, Senate President Wayne Niederhauser said his fellow senators needed to attend the session and he could compel their presence if necessary.

Gov. Gary Herbert vowed to call a special session to discuss medical marijuana regardless of the outcome of the bill. Gov. Herbert has been working with legislators and the Mormon church to find a compromise and tweak legislation based on the passed measure.

A two-thirds majority vote is necessary to make the legislation effective.

The Joint Commission on Public Ethics is aware there are duplicate profiles in the new lobbying reporting system. Duplicate profiles only impact those who utilized the old reporting system.

If you are an existing filer attempting to claim your organization profile in the new system and notice duplicate profiles, JCOPE does not want another new organization profile to be created.

Instead, call the JCOPE helpdesk at (518) 474-3973 and speak with a Filings Specialist.