On March 30, the public comment period will end for proposed Federal Election Commission (FEC) rulemaking concerning independent expenditures by candidates and reporting of independent expenditures and electioneering communications relating to presidential primary elections.

The covered independent expenditures and electioneering communications are specific to those publicly distributed in multiple states and not referring to any particular state’s primary election.

On January 29, the announcement of these proposed rulemakings was published in the Federal Register. Comments may be submitted directly to the FEC’s website.

With the amount of news this week, you can’t afford to miss this week’s news you can use video digest!

Small business owners spend a lot of time thinking of ways to make things happen. We are not expert at everything and nothing grows if staff is not added to help move things along.

Twenty years ago, I was in that position.

We were jumping on the new information superhighway and working with a local company to take all the pages from our publications—which was a multiple binder and loose-leaf behemoth—and put them on our website. Guess what…it was not happening as fast as we wanted for our clients.

What to do?

I spoke with Renold Koozer, my brother-in-law, who at the time was a stay-at-home dad raising his four-year-old son in Alexandria, Virginia. He was looking for work to do either at night or weekends and I knew he was savvy with computers. He was interested, and we made things happen fast!

Do you remember Gateway PCs? The computers that arrived in big cow boxes?

I sent the computer to Ren, made arrangements with DC-based Triad Communications, a company expert at putting items on the Internet, and he began editing our new website text.

After a few years, I found the need for a full-time website person in our Akron office. He and his little family moved, and he began his career here.  Initially, he spent hours dealing with the organization of our website.  As the years went on, he took responsibility for all computers, printers, typewriters, fax machines, and anything else with a cord.  In an office that constantly updated products, the position of an I.T. Manager was necessary.  As time continued he now has a great staff and Ren deals with operational issues at the company and introduces us to programs to help with our work—including our CRM, databases for our consulting work, databases for our online subscribers, coding, and pretty much anything I toss over to him.

I know what I can do…I run a company and the primary marketing person for our consulting services. Everyone has responsibilities to provide quality work for our clients.  But, nothing gets done if we don’t have lightning-fast internet connection, quality computers that can take a beating, updated software, a network to store our compliance and research work, a CRM to market, and a calm Executive Director who gets things done.  We are a team.  He is—as Jean-Luc Picard would say—my #1.

Happy 20th Anniversary with State and Federal Communications, Inc., Ren Koozer.  Your abilities and skills make it easy for everyone on staff and our clients to do the work.

A bill was introduced in Utah restricting funds from a campaign account owned by a lobbyist.

House Bill 213 prohibits a lobbyist from using his or her own campaign account money for political purposes, unless the expenditure is in support of the candidacy of that lobbyist.

The bill passed the first reading and is currently in the House Business and Labor Committee.

National:

Just How Bad is Partisan Gerrymandering? Ask the Mapmakers.
New York Times – Michael Wines | Published: 1/29/2018

Eric Hawkins, an analyst for the political consulting firm NCEC Services, is part of a cottage industry of statisticians, computer jockeys, and political sages whose business is to turn demographic data into electoral maps. His firm works exclusively with Democrats; others – like Geographic Strategies, run by the former Republican Party redistricting expert Thomas Hofeller – are loyal to Republicans. If most mapmakers are partisan, their work goes well beyond back-room politics. A good map meets constitutional requirements, such as allotting an equal number of people to every district, and respecting racial and ethnic populations. For their part, mapmakers point out their job is to implement political will, not to determine it.

Federal:

CDC Director Resigns Because of Conflicts Over Financial Interests
Washington Post – Lena Sun | Published: 1/31/2018

Centers for Disease Control and Prevention Director Brenda Fitzgerald resigned, one day after reports that she traded tobacco stocks while heading the agency. Fitzgerald has said she divested from many stock holdings. But she and her husband were legally obligated to maintain other investments in cancer detection and health information technology, according to her ethics agreement, requiring Fitzgerald to pledge to avoid government business that might affect those interests. In Congress, some lawmakers had become increasingly concerned over Fitzgerald’s ability to do her job effectively.

Trump Groups Raised Millions, Then Paid It Out to Loyalists and a Trump Hotel
Las Vegas Sun – Kenneth Vogel and Rachel Shorey (New York Times) | Published: 1/25/2018

President Trump’s close political advisers are making millions of dollars working for several different entities gearing up for Trump’s re-election campaign, raising questions about whether they are following campaign finance laws designed to keep campaigns from coordinating with big-money outside groups. Campaign finance reports shed light on a network of groups that were formed to support Trump, but have spent less than other groups bolstering his agenda, while steering money to the president’s businesses and his most ardent surrogates.

Why the Russia Probe Demolished One Lobbying Firm but Spared Another
Politico – Theodoric Meyer | Published: 2/1/2018

Paul Manafort, President Trump’s former campaign chief, once arranged the hiring of the lobbying firms Podesta Group and Mercury to work on behalf of a nonprofit that was ostensibly independent but which prosecutors say was “under the ultimate direction” of the president of Ukraine. Manfaort has been indicted on charges that include violating the Foreign Agents Registration Act. The Podesta Group collapsed within weeks of Manafort’s indictment, but Mercury just had its best year ever. There is no single explanation for why one firm imploded while the other appears to be relatively unscathed, but it is evident the Podesta Group was under pressures that Mercury did not face.

From the States and Municipalities:

Alabama – Patricia Todd Says Campaign Subpoena Was ‘Last Straw’ in Decision to Not Seek Re-election
AL.com – Roy Johnson | Published: 1/30/2018

Alabama Rep. Patricia Todd says the state’s ethics laws regarding interactions between lawmakers and non-profits made it difficult, if not impossible, for her to get a job in her profession as an advocate in the non-profit sector. But after Todd announced she will not run for re-election, she received an offer from the Consumer Financial Education Foundation of America which she accepted. Todd said potential employers were skittish about regulations that consider anyone whose job entails speaking with a legislator as a lobbyist, and rules around interactions between lawmakers and lobbyists are strict.

Florida – Proposed Change to Sexual Harassment Bill Adds Sex to Lobbying Gift Ban
Florida Politics – Ana Ceballos | Published: 1/29/2018

Sexual favors between Florida legislators and lobbyists could be illegal under a proposed amendment to a bill. Sen. Lauren Book wants to incorporate any type of sexual conduct, whether engaging in it or directing others to do it, into the state’s gift ban. The change would apply to any public official, including an “employee of an agency or local government attorney.” It would also require anyone who files a public disclosure of their financial interests to certify they have reviewed the new gift ban policy.

Illinois – IG Office: Sex harassment legislation needs teeth for lobbyists
State Journal-Register – Maximilian Kwiatkowski | Published: 1/30/2018

Sexual harassment legislation passed last year is weak when it comes to requiring lobbyists to cooperate with investigations, according to two representatives of the Illinois secretary of state’s inspector general’s office. Deputy Inspector General Randy Blue said the laws do not contain strong enough penalties or ways to enforce the rules on lobbyists working in the Capitol. Prior to the legislation, the secretary of state’s jurisdiction involving lobbyists was solely with their registration and expenditure reports. Now, it oversees sexual harassment allegations, too.

Kansas – Kansas Intern Confidentiality Rule: What happens in a lawmaker’s office stays there
Kansas City Star – Lindsay Wise (McClatchy) and Hunter Woodall | Published: 1/29/2018

The Kansas Legislature requires interns to sign agreements to keep anything that takes place or is said in a lawmaker’s office confidential, or the interns could be fired. Employment law experts who reviewed the agreement say it is written so broadly it could deter interns from reporting harassment or illegal activity, and might violate the First Amendment. Legislative leaders say the agreement is intended to remind interns that private political discussions should stay private, although they acknowledge the intention is not clear.

New York – 2 Donors Plead Guilty, but the Mayor Is Not Charged. Why?
New York Times – William Rashbaum and William Neuman | Published: 1/26/2018

A major donor to New York City Mayor Bill de Blasio testified he made donations to an elected official that sources identify as the mayor to win favorable treatment from City Hall. Harendra Singh made the “pay-to-play” assertion during a plea proceeding in October 2016, but his statement remained hidden from public view until now. The mayor’s ties to Singh and several other campaign donors for whom he did favors were investigated by federal prosecutors. They decided not to bring charges against de Blasio or his aides, but in doing so, they issued a cutting statement raising questions about the mayor’s ethics and making it clear he had done favors for donors.

North Carolina – In Power Struggle with GOP Lawmakers, Cooper Wins Election Board Revamp Lawsuit
Raleigh News and Observer – Anne Blythe | Published: 1/26/2018

The North Carolina Supreme Court limited the Republican-dominated Legislature’s efforts to minimize Democratic Gov. Roy Cooper’s ability to pursue his goals, declaring unconstitutional a law devising a state elections board that hinted at deadlock. The justices ruled Cooper could not be forced to pick a politically divided, eight-member elections board from names the two major political parties selected. The law prevented the governor from removing members with whom he disagreed unless there was wrongdoing. The law makes Cooper unable to fulfill his duties to ensure election laws are followed because half of the board will be people who will probably oppose the governor’s policy preferences, the majority opinion said.

South Dakota – Ex-SD Lawmaker Returns Lobbyist Credentials Amid Concerns
Rapid City Journal – Bob Mercer | Published: 1/29/2018

Former South Dakota Sen. Corey Brown said he has given back the lobbyist badge he received to represent Sanford Health at the 2018 legislative session amid a concern he might be breaking a state law. The Legislature decided last year that many former state government officials must wait two years before starting work as private lobbyists in South Dakota. Brown retired from the Legislature at the end of 2016. He began work January 8 for Sanford Health as senior legislative specialist for South Dakota. “The confusion comes because there are different interpretations of the law,” Brown said.

Tennessee – Nashville Mayor Megan Barry Admits to Extramarital Relationship with Top Police Security Officer
The Tennessean – Joey Garrison, Nate Rau, and Dave Boucher | Published: 1/31/2018

Nashville Mayor Megan Barry apologized for having an affair with the head of her security detail, Sgt. Robert Forrest Jr. of the Metropolitan Nashville Police Department. The affair has drawn scrutiny to the overtime that Forrest accrued while managing her detail. Forrest accompanied Barry on trips to Paris, Athens, Washington, New York, and other cities in the past year. He racked up around $33,000 in expenses for the trips and more than $50,000 in overtime in 2017 on top of an $84,500 salary. Nine of the trips were only Barry and Forrest, including a trip to Greece in September.

Wisconsin – Wisconsin Ethics Commission Hits Pause Button after Senate Rejects Director
Milwaukee Journal Sentinel – Patrick Marley | Published: 1/25/2018

Wisconsin Ethics Commission Administrator Brian Bell returned to his old job at the state Department of Safety and Professional Services as a policy analyst, two days after Senate Republicans refused to confirm his appointment to the commission. Ethics Commission Chairperson David Halbrooks said he hoped to eventually bring back Bell as its director but wanted to wait to see what happens on the legal and legislative front in the coming weeks.

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.

The New Mexico Senate introduced Senate Bill 107, which states any lobbyist or lobbyist’s employer required to file an expenditure report must also file a report with the secretary of state within one week following the conclusion of a legislative session.

The post-session report must list the legislation the lobbyist or lobbyist’s employer lobbied, and whether the lobbyist or lobbyist’s employer supported or opposed each piece of legislation.

The bill is currently in the Senate Rules Committee.

Massachusetts Secretary of State William Galvin announced the dates for the 1^st Suffolk Senatorial District special elections.

The primary will be held April 3, with the general on May 1.

The vacancy was created after Linda Dorcena Forry resigned to become a vice president at Suffolk Construction.

Pictured: Outgoing Senator Linda Dorcena Forry

Hawaii Lt. Gov. Shan Tsutsui announced he will be resigning on Wednesday to join a lobbying and public affairs firm as senior vice president.

In his announcement, Tsutsui cited the difficulty of working on Oahu with his family being on Maui, and the new job will allow him to be on the same island as his family.

Hawaii’s revolving door restrictions only apply to legislators and employees of the Legislature.

Changes to registration and training requirements are now effective for Miami lobbyists.

Following the passage of Ordinance 13718, lobbyists must now register within five business days of being retained as a lobbyist by a principal and prior to engaging in any type of lobbying activities.

Lobbyists must also complete an ethics training course within 60 days of registering, and if registration is renewed continuously thereafter, a refresher course is required once every two years.

Additional changes include the requirement to report travel and lodging provided to public officials and a fine of $50 per day for failure to file an annual report. The previous fine was a one-time $25 penalty.

The Virginia House Committee on Rules unanimously reported House Bill 263 without recommendation to the House floor on Friday.

The bill establishes the Virginia Democracy Voucher Program, which sends every registered voter in Virginia $100 in Democracy Vouchers that may be accepted by candidates for state offices in lieu of campaign contributions every year.

Virginia has more than 5.5 million registered voters, meaning the program as designed would cost more than half a billion dollars per year.

The North Carolina Supreme Court struck down a 2017 law overhauling the state’s Elections Board and Ethics Commission. Session Law 2017-6 merged the existing state Board of Elections and state Ethics Commission and created the new Bipartisan State Board of Elections and Ethics Enforcement.

The court held provisions in the law concerning the membership of and appointments to new bipartisan state board constituted a separation of powers violation.

Although the office functions of the ethics commission and elections boards merged last year, Gov. Roy Cooper did not make any appointments to the new board while this lawsuit made its way through the courts.

The Carroll County Board of County Commissioners voted 4-1 to move forward with a new ethics ordinance.

The ordinance was originally developed in 2014 after the Maryland General Assembly passed a bill in 2010 requiring all counties, municipalities, and boards of election to pass ethics ordinances.

Carroll is the only county in the state not yet in compliance.

The ethics ordinance would apply to candidates beginning with the 2018 elections. The ordinance will be discussed next at a public hearing on February 27.

New Jersey Gov. Phil Murphy signed Executive Order 2A, which places limits on gifts and defines personal relationships for the governor of the Garden State.

This order requires the governor to disclose gifts received from anyone he has met in the past three years before being inaugurated.

“Anyone we’ve met since then is going to be subject to complete disclosure above the threshold of whatever the gift levels are,” said Murphy.

Any relationship established before then is considered pre-existing and is exempt from the order.

The executive order puts New Jersey in line with federal standards.

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