Vermont may soon move off the list of states without an independent ethics commission if new legislation passes this spring.

House Bill 846 establishes the Vermont Ethics Commission, tasked with investigating complaints relating to breaches of legislative ethics law.

The bill also includes revolving door provisions and ethics guidelines for legislators and executive branch employees.

Lawmakers agreed by resolution to consider a bill aimed at avoiding a special election for the lieutenant governor’s office, which was vacated by former Lt. Gov. Mark Darr following ethics violations. Senate Bill 139 would enable Gov. Mike Beebe to call a special election “as soon as practicable” if calling a special election within 150 days of the vacancy would be impracticable or burdensome.

The bill was introduced in an effort to avoid the cost of a special election until the general election on November 4, 2014. The resolutions required a two-thirds vote in the House and Senate because they occurred during the fiscal session.

Gov. Mary Fallin called for special elections to fill the seat vacated by Sen. Jerry Ellis. Ellis left two years remaining in his four-year term because state legislators can serve a maximum of 12 years.

The special elections will be held at the same time as the state’s regularly scheduled elections. The primary will be held on June 24, a potential runoff would be August 26, and the general election will take place on November 4.

Missouri Governor Jay Nixon called an August 5 special election to fill three vacant seats in the state House of Representatives. The announcement came after being confronted with a lawsuit seeking to compel him to call special elections for four legislative seats. He has yet to set an election date to fill the Senate vacancy.

On February 13 House Republican Mike Moon filed articles of impeachment against Nixon for the delay in filling all four vacancies – a delay he says has denied representation for almost 300,000 Missourians.

In December, the Council on Governmental Ethics Laws (COGEL) met in Quebec for a great conference about issues confronting the states. Jennie Skelton from Nielsen Merksamer chaired a panel discussing political law violations –specifically these top 10 ways of spotting them.

Interesting, aren’t they? This session was filled to capacity with the FEC’s Ellen Weintraub joining me on the stairs. Sometimes we believe no one is looking when, in fact, our actions are very visible.

Until next month, only keep up with the Kardashians on E! Network.

Thank you,

Elizabeth Z. Bartz
President and CEO
@elizabethbartz

A bill expanding revolving door restrictions passed the House and now goes to the Senate for consideration. House Bill 82 prohibits former statewide elected officials, public regulation commissioners, legislators, and cabinet secretaries from accepting compensation as lobbyists for a period of two years after leaving public service.

The bill also prohibits employers of lobbyists from hiring the former public officials before the end of the two-year period.

Opponents of the bill believe it is unfair to impose the restrictions on legislators who receive no salary. Legislators receive only a $159 per diem when in session and at committee meetings.

Happy Valentine’s Day from State and Federal Communications!

National:

The State Races Ignored – Until Now

Politico – Tal Kopan | Published: 2/12/2014

Races for secretary of state have captured the attention of some of the country’s major political players, who have formed national PACs and sketched out multimillion-dollar fundraising plans. They believe that winning these offices could give their side an edge in the 2016 presidential race because secretaries of state run elections and can shape voter ID rules and other details. When margins are tight, those small differences can mean the difference between a win and a loss.

Why There’s No Democratic Version of the Koch Brothers Organization

Washington Post – Reid Wilson | Published: 2/7/2014

For the Democratic professionals who run campaigns, the thing that frustrates them most about the coordinated network of conservative donors built by Charles and David Koch is that there is no real equivalent on their side. That is because big Democratic donors and big Republican contributors are motivated by different types of issues, and therefore give differently, according to Democratic strategists who deal frequently with wealthy donors.

Federal:

Both Sides Object to I.R.S. Plan to Restrict Nonprofits’ Political Activity

New York Times – Carl Hulse | Published: 2/12/2014

In a rare agreement between tea party and liberal activists, organizations across the political spectrum say new regulations drafted by the Internal Revenue Service to curb a surge in political spending and activity by nonprofits are far too broad. They fear that enforcement of the regulations would chill more neutral civic initiatives such as voter registration efforts and candidate forums.

Fight over Minimum Wage Illustrates Web of Industry Ties

New York Times – Eric Lipton | Published: 2/9/2014

Conservative and liberal groups are again working in opaque ways to shape controversial political debates in Washington through organizations with benign-sounding names that can mask the intentions of their wealthy patrons. They do it with the gloss of research, and play a critical and often underappreciated role in multilevel lobbying campaigns, backed by corporate lobbyists and labor unions, with a potential payoff that can be in the millions of dollars for the interests they represent.

From the States and Municipalities:

California – Record-Setting Fine Hits Sacramento Lobbyist Kevin Sloat

Sacramento Bee – Laurel Rosenhall | Published: 2/11/2014

Kevin Sloat and his lobbying firm, Sloat Higgins Jensen & Associates, agreed to pay a record $133,500 fine to the California Fair Political Practices Commission for making improper campaign contributions to some 40 politicians. In addition to improperly providing expensive wines, liquor, and cigars at fundraisers, Sloat and his firm also illegally arranged for gifts including sports tickets for some lawmakers.

Colorado – Colorado Secretary of State’s Office Offers Opinion in Favor of Parties Forming Independent Expenditures

Denver Post – Kurtis Lee | Published: 2/6/2014

The Colorado Secretary of State’s office issued an opinion clearing the way for political parties to form independent expenditure committees and solicit unlimited funds. In the years since the U.S. Supreme Court’s Citizens United decision, which allows unlimited contributions for some groups, the Colorado Republican Party, which asked for the opinion, has felt weakened by the state’s campaign finance laws parties must adhere to.

Connecticut – Panel Warns About Fundraising from Contractors

Hartford Courant – John Lender | Published: 2/12/2014

Connecticut’s Elections Enforcement Commission adopted an unsolicited advisory opinion outlining when it is appropriate for a state campaign or candidate to receive money from a federal account, either directly or indirectly. Without accusing the Democratic Party of doing anything wrong, the agency that regulates elections sought to clarify questions raised by the news media and state contractors, who are banned from giving money directly to a party’s state account.

Florida – Florida’s Special Districts: Where lobbyists ride free and the public is in the dark

Miami Herald – Dan Christensen (Broward Bulldog) | Published: 2/7/2014

Lobbyist registration and disclosure has been mandatory for years in Tallahassee and in many city and county halls across Florida. Those who violate the law can be fined and barred from lobbying for up to two years. But the nearly 1,000 special-purpose governments across the state that raise and spend billions of dollars in public funds every year do not require lobbyists who appear before them to register, pay fees, or disclose any information about themselves or their clients.

Louisiana – Nagin Guilty of 20 Counts of Bribery and Fraud

New York Times – Campbell Robertson | Published: 2/12/2014

Former New Orleans Mayor Ray Nagin was convicted on 20 of 21 bribery and conspiracy charges, capping a broad federal investigation into public corruption in the aftermath of Hurricane Katrina. Seven contractors and officials also have been convicted of, or have pleaded guilty to, trading city business for trips and payments. Nagin could receive a sentence of as many as 20 years in prison.

Massachusetts – House Ejects Carlos Henriquez for Assault Conviction

Boston Globe – Jim O’Sullivan and Michael Levenson | Published: 2/7/2014

The Massachusetts House expelled state Rep. Carlos Henriquez, who is serving a six-month jail sentence after being convicted of assaulting a former girlfriend. Henriquez said he was innocent of the charges and rejected calls for him to resign. House leaders insisted Henriquez’s confinement would prevent him from discharging the duties of his office. They urged colleagues to look at photos of the victim, which they said showed multiple black-and-blue marks on her chest, torso, and arms.

Minnesota – Board Firms Wall between Minn. Candidates, Groups

St. Paul Pioneer Press – Brian Bakst (Associated Press) | Published: 2/11/2014

The Minnesota Campaign Finance and Public Disclosure Board issued an opinion that discourages candidates from helping independent political groups raise money that could eventually be routed back into their races. The board said such activity would likely violate laws meant to keep activities of candidates and independent expenditure committees separate.

New Jersey – Chris Christie’s Long Record of Pushing Boundaries, Sparking Controversy

Washington Post – Carol Morello and Carol Leonnig | Published: 2/10/2014

When Chris Christie became U.S. attorney for New Jersey, he took an oath to uphold public trust by prosecuting corruption and fraud in a state infamous for both, and to be above political influence or bias. But he held this powerful, apolitical post at a time when he was building a political future for himself, laying the groundwork for his campaign for governor. Christie’s bosses were concerned about the appearance of several deals he struck with corporations that agreed to change their ways if they were not charged in cases involving financial irregularities.

New York – City Hall’s New ‘In’ Crowd

Crain’s New York Business – Chris Bragg | Published: 2/10/2014

Political observers say lobbyists’ reputed closeness to New York City Mayor Bill de Blasio and other recently elected power brokers will determine who prospers in the influence industry. “Anytime a story is written saying a lobbyist is close to a politician, they raise their rates,” said Ken Fisher, a lobbyist at Cozen O’Connor and a former City Council member.

Virginia – House Approves Ethics Reform Bill, Sends it to Senate

Roanoke Times – Marcus Schmidt (Richmond Times-Dispatch) | Published: 2/11/2014

The Virginia Legislature moved forward with measures to overhaul the state’s ethics law. The House and Senate each passed almost identical reform bills by overwhelming margins. Both bills require lawmakers and public officials to disclose gifts to their immediate families, mandate gift disclosures twice rather than once a year, and cap tangible gifts from lobbyists at $250.

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A special election for the Massachusetts Fifth Suffolk Representative District has been called to fill the vacancy caused by the expulsion of Carlos Tony Henriquez.

The Office of the Secretary of the Commonwealth William Galvin announced the special primary election will be held on April 1, 2014. The general election will follow on April 29, 2014.

Henriquez, sentenced to jail last month for assault and battery, was expelled on February 6, 2014, by the House of Representatives.

On February 12, President Barack Obama issued an executive order establishing a minimum wage for federal contractors.

Effective January 1, 2015, contractors and subcontractors for the federal government must pay employees a minimum of $10.10 an hour or $4.90 an hour for employees who are tipped. The wages will be annually adjusted according to the consumer price index.

The order applies only to new contracts starting in 2015.

Following recent scandals involving the Legislature, the leader of the Senate has assembled a group of lawmakers to recommend changes in state ethics and campaign laws. Senate President Darrell Steinberg formed the Senate Ethics Working Group after controversies including allegations of bribery against Sen. Ronald Calderon and a proposed fine of $40,000 for campaign money laundering against Sen. Tom Berryhill.

In the Assembly, a recent six-figure fine against one of the state’s top lobbyists has motivated Assemblywoman Cristina Garcia to propose a ban on lobbyist in-home fundraisers.

Lobbyists currently may host private fundraisers in their home as long they cost less than $500, even though lobbyists cannot directly give more than $10 per month in gifts directly to elected officials.

Whether Washington, D.C. voters will have the chance to elect an attorney general this year remains a hot topic on the D.C. Council floor. Currently, the attorney general is appointed by the mayor. In 2010, voters approved a charter amendment authorizing the first election of the city’s attorney general and setting a primary election for April of this year.

In late 2013, the council passed a law delaying the election from 2014 to 2018, fearing the city lacked the necessary preparation. Paul Zukerberg, the only candidate for the city’s first attorney general race, challenged the 2013 law in the District of Columbia Superior Court. Judge Laura Cordero denied Zukerberg’s motion for a preliminary injunction, stating that he would not suffer irreparable harm from the delay and therefore did not meet the standard to grant the injunction.

Upon the judge’s ruling, the council acted quickly to introduce a bill scheduling an election for attorney general in November 2014. The bill has sparked heated debate, both on the floor of the council and with current Attorney General Irvin Nathan. Nathan criticized the bill, stating it does not comport with the city charter. The bill would put the attorney general office on the November ballot without allowing for a primary election, thus circumventing the requirement of an election on a partisan basis as required by the 2010 charter amendment.

If the new bill passes the council, the possibility of a mayoral veto is likely, based on Nathan’s opposition to the measure. However, Council Chairman Phil Mendelson still plans to move the bill to passage, likely bringing it to a final vote in the next month.

Gov. Nikki Haley has nominated eight individuals to the State Ethics Commission. If confirmed by the Senate, the appointments will bring stability to the commission, where four of the nine seats are vacant and the terms of the five serving commissioners have expired.

The Senate is also debating a bill to overhaul the commission and empower it to confidentially investigate complaints filed against House and Senate members.

House Bill 3945 would also expand the definition of lobbying and modify reporting requirements.