Gov. Bill Walker dropped out of his race for re-election on October 19, just days after his lieutenant governor resigned for making “inappropriate” comments.

Public and private polling showed him trailing in third place, behind Republican Mike Dunleavy and Democrat Mark Begich.

While dropping out, Gov. Walker said, “Alaskans deserve a competitive race,” and then endorsed Begich to replace him.

Due to the timing of the announcement, Walker’s name will still appear on the ballot.

On October 15, 2018, the Baltimore City Council passed an ethics bill introduced by City Councilman Zeke Cohen.

Ordinance No. 18-0230, also known as the Transparency in Lobbying Act, requires lobbyists to file reports twice a year and affirmatively identify their clients when approaching city government officials. Additionally, any lobbyist violating the act may be banned for a period of three years.

An amendment was adopted delaying the effective date of the reporting provisions. As a result, lobbyists will file the annual report due January 31, 2019.

Following the 2019 annual report, lobbyists will likely report semi-annually beginning with a report due on July 31, 2019. The bill will become effective 90 days from the signature of Mayor Catherine Pugh.

Campaign Finance

Colorado: “Opponents Say Amendment 75 Wrong Way to Take on Colorado’s Millionaire Candidates” by Michael De Yoanna for KUNC

Maine: “Portlanders Will Vote on Requiring More Campaign Finance Transparency” by Randy Billings for Portland Press Herald

Elections

Federal: “Special Counsel Examines Conflicting Accounts as Scrutiny of Roger Stone and WikiLeaks Deepens” by Carol Leonnig, Manuel Roig-Franzia, and Rosalind Helderman (Washington Post) for Chicago Tribune

National: “Three Secretaries of State Are Refereeing the Election While Running in the Field” by Tim Johnson for McClatchy DC

Ethics

Federal: “Supreme Court Shields Commerce Secretary Wilbur Ross from Answering Questions in Census Controversy” by Robert Barnes and Tara Bahrampour (Washington Post) for MSN

Indiana: “Indiana Attorney General Won’t Be Charged in Alleged Groping” by Rick Callahan (Associated Press) for Chicago Sun-Times

Missouri: “Clean Missouri Proposition Puts Redistricting Front and Center, Limits Lobbyist Influence” by Jason Rosenbaum for St. Louis Public Radio

Pennsylvania: “Four Years Later, Pa. Lawmaker from Philly Charged in Sting Case Faces Trial” by Angela Couloumbis for Philadelphia Inquirer

South Carolina: “Ex-SC Rep. Harrison ‘Trampled’ on Ethics Law, ‘Lied’ About Quinn, Prosecutor Says” by John Monk for The State

On October 18, the 6th Circuit U.S. Court of Appeals heard arguments to keep or overturn the permanent injunctions prohibiting certain portions of state campaign finance and ethics law from being enforced.

In 2017, U.S. District Judge William Bertelsman ruled the prohibition on lobbyists providing gifts and campaign contributions to lawmakers was unconstitutional.

The Kentucky Registry of Election Finance and the Kentucky Legislative Ethics Commission argued the campaign finance revisions are critical and do not eliminate speech but merely channel speech.

The plaintiffs argued the judgement was proper because the Legislature determined restrictions based on who the speaker was.

Guam Governor Eddie Baza Calvo vetoed Bill 28-34 aimed at restructuring the process of procurement protests.

The governor indicated that the Attorney General and the General Services Agency also opposed the measure as ambiguous because it allowed anyone who showed an interest in the procurement to have the ability to file a protest.

Secretary of State Wayne Williams scheduled a rulemaking hearing on November 14 to consider amendments to the state’s campaign and political finance laws.

The proposed amendments would affect a candidate committee’s management of unexpended campaign funds as well as the Elections Division’s review of written complaints.

If changes are made prior to the hearing, a revised copy of the proposed rules will be available no later than November 9.

The Institute for Free Speech (IFS) will be allowed to distribute analysis of Measure 24 and Constitutional Amendment W without risk of violating the South Dakota law concerning independent expenditures in a political campaign.

IFS challenged the law in federal court and while the judge did not rule the law unconstitutional, he did grant a preliminary injunction to prevent the state from prosecuting IFS.

The analysis is to be distributed electronically and does not urge passage or defeat of the measures.

The public has until November 16 to comment on a petition to expand federal regulations concerning the personal use of campaign funds taken from leadership PACs.

A petition for rulemaking received by the Federal Election Commission (FEC) in July seeks to revise and amend 11 CFR §113.1(g), which regulates the personal use of campaign funds. The petitioners want the regulation to also apply to leadership PAC funds.

Public comments must be submitted in writing to the FEC on or before November 16, 2018, to be considered during the formulation of the proposed rule. Comments may be submitted electronically at http://sers.fec.gov/fosers/rulemaking.htm?pid=2933211.

The Commission does not consider a petition’s merits until after the comment period closes. If the FEC decides a petition has merit, it then begins a rulemaking proceeding.

Federal judges have appointed a University of California political science professor, Bernard Grofman, to redraw House of Delegates congressional maps.

In June, the court ordered lawmakers to redraw lines to address racial gerrymandering by the end of October.

The General Assembly was not able to agree on a legislative solution and Gov. Northam promised to veto any redistricting bills sent to his desk.

The court will hold another conference to schedule the process but has indicated a new map will be enacted by March 28, 2019.

Pictured: University of California professor Bernard Grofman

The Massachusetts Fiscal Alliance filed a lawsuit against the Office of Campaign and Political Finance (OCPF) alleging that the state’s campaign finance laws are unconstitutional.

The law in question requires ads within 90 days of a general election naming any candidate or ballot question to include a statement from the sponsor’s chief executive officer, chairman, principal officer, or business manager.

The law covers television ads, radio, billboards, and print and must also include a list of the organization’s top five contributors.

The Massachusetts Fiscal Alliance asserts these requirements may lead to biased judgments about an ad based on the named officer’s sex, gender, race, or other personal characteristics.

Additionally, they argue the requirements imply the donors funded the ad when they only contributed money to support the organization’s overall mission.

The OCPF has declined to comment on the lawsuit.

Mayor Marty Walsh signed an ordinance last week requiring lobbyist registration and reporting for individuals and entities attempting to influence city action.

The ordinance was passed by city council in late September and requires registration by every person retained, employed or designated by any client or lobbying entity to engage in lobbying or lobbying activities.

This comes after two years of Mayor Walsh calling for increased transparency through the implementation of a lobbying ordinance.

In July, Mayor Walsh vetoed a lobbying ordinance passed by council as it failed to define and regulate lobbying and did not create an adequate enforcement mechanism.

The new ordinance, effective April 13, 2019, creates a quarterly reporting requirement and penalties for late registration and reporting.

Sen. Majority Leader Mark Norris was appointed as judge to a U.S. District Court on October 11.

Norris announced on October 16 that due to time restraints and official duties he won’t be able to step down from his District 32 Senate seat by Election Day on November 6.

This will trigger a special election and potentially a temporary appointment until the seat is filled.

Alaska Lt. Gov. Byron Mallott resigned October 16 after making comments that were called “inappropriate” by Gov. Bill Walker.

His replacement is Valerie Nurr’araaluk Davidson, who was once a commissioner for the Department of Health and Social Services.

According to Gov. Walker, it is too late to remove Mallott’s name from the ballot, but Mallott will not accept the position of lieutenant governor if he is elected next month.

On October 15, the North Carolina General Assembly adjourned a special session after passing the Hurricane Florence Emergency Response Act to establish a fund to provide relief and assistance from the effects of Hurricane Florence.

The Act also granted funds to the Bipartisan State Board of Elections and Ethics Enforcement to educate the public about voting in the November 2018 election, specifically in counties designated under the disaster declaration by the president.

An October 16 ruling by the Wake County Superior Court found the legislative provisions creating the Bipartisan Board unconstitutional. The court, however, stayed the injunction concerning the activity of the Bipartisan Board until after the November election.