Lobbyists in Austin have agreed to cooperate with the city and disclose how much clients pay them. Taking a lead from state and federal filing requirements, Austin began requiring lobbyists to report what they are paid last year.

Seventeen lobbyists registered with the city, all lawyers, asserted attorney-client privilege prohibited them from the disclosure. The city’s Ethics Review Commission was scheduled to hear ethics complaints filed against the group, but all 17 amended their reports to add the missing information.

A lobbyist who originally refused to disclose his compensation said the City Clerk accepted the form without the information and there is even space provided for an explanation as to why the compensation information was not disclosed.

Austin’s actions this week have set an example for enforcing the reporting requirements moving forward.

Kansas Gov. Sam Brownback resigned yesterday after the U.S. Senate confirmed him to be the ambassador at-large for international religious freedom.

The vote was 49-49 along party lines, with two senators absent, and Vice President Mike Pence broke the tie in favor of Gov. Brownback.

Lt. Gov. Jeff Colyer will take over as governor when the resignation becomes official on January 31.

National:

Inside Facebook’s Year of Reckoning
Washington Post – Elizabeth Dwoskin | Published: 1/22/2018

Mark Zuckerberg said Facebook would step back from its role in choosing the news that 2 billion users see on its site every month. The move was one result of an 18-month struggle by Facebook to come to grips with its dark side. As outsiders criticized the social network’s harmful side effects, such as the spread of disinformation and violent imagery, internal debates played out over how forthcoming to be about Russian meddling on its platform during the 2016 election and how to fight the perception that Facebook is politically biased. Right now, the company is not confident it can prevent the problems that roiled Facebook during the 2016 presidential campaign.

Federal:

Big Pharma Greets Hundreds of Ex-Federal Workers at the ‘Revolving Door’
CaliforniaHealthline.org – Sydney Lupkin (Kaiser Health News) | Published: 1/25/2018

A Kaiser Health News analysis shows hundreds of people have moved through the “revolving door” that connects the drug industry to Capitol Hill and the U.S. Department of Health and Human Services. Nearly 340 former congressional staffers now work for pharmaceutical companies or their lobbying firms. The analysis also showed more than a dozen former drug industry employees now have jobs on Capitol Hill, often on committees that handle health care policy. In many cases, former congressional staffers who now work for drug companies return to the Hill to lobby former co-workers or employees. It raises concerns that pharmaceutical companies could wield undue influence over drug-related legislation or government policy.

FBI Investigating Whether Russian Money Went to NRA to Help Trump
McClatchy DC – Peter Stone and Greg Gordon | Published: 1/18/2018

The FBI is investigating Russian banker Alexander Torshin for allegedly funneling money to Donald Trump’s 2016 presidential campaign through contributions made to the National Rifle Association (NRA). As special counsel Robert Mueller’s probe continues, investigators are now looking into Torshin, the deputy governor of Russia’s central bank who is known for his close relationships with both Vladimir Putin and the NRA, two sources familiar with the inquiry said. It is illegal to use foreign money to influence federal elections.

Fewer Than 16,000 Donors Accounted for Half the Federal Campaign Contributions in 2016
Washington Post – Michelle Ye Hee Lee | Published: 1/19/2018

More than 3.2 million Americans contributed to federal candidates in the 2016 elections, but fewer than 16,000 of them provided half the donations, a sign of the increasing concentration of donor activity in the U.S., according to a new report. The Bipartisan Policy Center’s analysis mapped the growing influence of wealthy political contributors and independent political groups in the seven years since federal court decisions unleashed a new era of big-money spending. Super PACs spent $1.1 billion in the 2016 elections, nearly 17 times more than such independent political committees put into federal races in 2010, the first year they came into existence, the report found.

The Mueller Effect: FARA filings soar in shadow of Manafort, Flynn probes
NBC News – Julia Ainsley, Andrew Lehren, and Anna Schecter | Published: 1/18/2018

Hundreds of new and supplemental Foreign Agents Registration Act (FARA) filings by U.S. lobbyists and public relations firms since Special Counsel Robert Mueller charged two of President Trump’s aides with failing to disclose their lobbying work on behalf of foreign countries. The flood of new filings provides a window into the opaque industry of foreign lobbying in Washington, D.C. The uptick, legal experts say, comes from a new awareness that a failure to disclose overseas political work could lead to federal charges.

From the States and Municipalities:

California – San Francisco Ousts a Mayor in a Clash of Tech, Politics and Race
New York Times – Thomas Fuller and Conor Dougherty | Published: 1/24/2018

The appointment of venture capitalist Mark Farrell as San Francisco’s interim mayor, and the ouster of London Breed from that position, in some ways exemplified a larger battle for the soul of the city. In seven years, the median price of a home has nearly doubled to $1.3 million – a transformation, driven by the riches of the technology industry, that continues to push out longtime residents, many of them nonwhites. Amid the debate over the tech industry’s influence, there was the powerful imagery of a black woman being thrown out of office, albeit an interim one, in a city that has a long history of discrimination against blacks.

Colorado – Puffy Jackets and Poinsettias: Gifts to Denver council members from DIA and other city offices draw ethics scrutiny
Denver Post – Jon Murray | Published: 1/22/2018

A recent advisory opinion by the Denver Board of Ethics argued the prohibition on elected officials accepting or soliciting most items worth more than $25 – from givers with a city interest – could apply to gifts from city offices the same way it does to those from outside contractors. The opinion has drawn formal pushback from the city attorney’s office and has sparked debate among council members, who may have the last word by passing an explicit exclusion for city-provided gifts to the ethics code.

Georgia – Former Atlanta City Official Gets 2 Years in Bribery Probe
Los Angeles Times – Kate Brumback (Associated Press) | Published: 1/18/2018

Atlanta’s former chief procurement officer was sentenced to serve more than two years in prison for accepting bribes in exchange for lucrative city contracts. U.S. District Court Judge Steve Jones also ordered Adam Smith to pay $44,000 restitution and a $25,000 fine. He was charged as part of an ongoing federal investigation into corruption at City Hall. Prosecutors have not publicly identified the vendor they say gave Smith envelopes of cash at meetings at restaurants every other week for nearly two years, a total of more than 40 payments.

Maine – A ‘Pro-White’ Town Manager Who Wants Races to Separate Refused to Quit. So Town Officials Fired Him.
Washington Post – Marwa Eltagouri and Kristine Phillips | Published: 1/24/2018

Tom Kawczynski put Jackman, Maine on the map when media outlets across the country began publishing stories about the town manager’s seemingly unequivocal views that Islam has no place in the Western world, and Americans would be better off if people of different races “voluntarily separate.” Officials in Jackman – a town of fewer than 1,000 people, where nearly all residents are white – remained mostly quiet about the incident until selectmen decided to fire Kawczynski. His termination could raise questions about whether towns and corporations can dismiss employees for offensive speech, which is protected by the Constitution.

New Jersey – Phil Murphy Executive Order Tightens Gift Rules for Governor
Bergen Record – Dustin Racioppi | Published: 1/18/2018

New Jersey Gov. Phil Murphy signed an executive order tightening rules on gift disclosures. The order requires the governor to disclose gifts from anyone he has met since January 16, 2015, three years before his inauguration. Anyone he met before then, Murphy said, would be considered a “pre-existing relationship.” Murphy’s predecessor, Chris Christie, came under criticism during his tenure for his use of an exemption that allowed him not to disclose gifts from people he claimed as friends.

New York – Vance Bans Donations from Lawyers with Pending Cases
New York Times – James McKinley Jr. | Published: 1/22/2018

Manhattan’s district attorney said he will no longer accept campaign contributions from lawyers with business before his office, including those representing people being investigated or prosecuted. The announcement by Cyrus Vance Jr. came after he faced heavy criticism for taking money from attorneys who represented movie mogul Harvey Weinstein and a lawyer who represented the Trump Organization in a fraud investigation. In response, Vance had asked the Center for the Advancement of Public Integrity at Columbia Law School to make recommendations for how to vet donors to eliminate potential bias.

North Carolina – Supreme Court Temporarily Blocks North Carolina Gerrymandering Ruling
New York Times – Adam Liptak and Alan Blinder | Published: 1/18/2018

The U.S. Supreme Court said North Carolina does not immediately have to redraw its congressional district maps, meaning the 2018 elections will likely be held in districts that a lower court found unconstitutional. The decision was not unexpected, because the Supreme Court generally is reluctant to require the drawing of new districts before it has had a chance to review a lower court’s ruling that such an action is warranted, especially in an election year.

Pennsylvania – Pa. Supreme Court Strikes Down Congressional Map as Unconstitutional, Orders Change Before May Primary
Philadelphia Inquirer – Jonathan Lai, Liz Navratil, and Angela Couloumbis | Published: 1/22/2018

The Pennsylvania Supreme Court threw out the state’s congressional map as unconstitutionally gerrymandered and gave lawmakers until February 9 to redraw the boundaries. Under a new map, Democrats, who hold only five of the state’s 18 congressional districts despite its status as a closely divided swing state, would likely have a much better opportunity to pick up several seats in their quest to retake control of the U.S. House. Experts have long held up Pennsylvania as one of the most extreme examples of partisan gerrymandering, in which district lines are precisely drawn to favor one political party over another.

Texas – Austin Lobbyists Agree to Disclose How Much They’re Paid
Austin American-Statesman – Elizabeth Findell | Published: 1/24/2018

Seventeen Austin lobbyist-lawyers who initially declined to cooperate with city rules requiring them to tell how much their clients pay them have changed their minds. A day before the Ethics Review Commission was set to hear ethics complaints, the city said all the lawyers had agreed to provide the information. Austin began requiring registered lobbyists last year to give a ballpark figure for what clients pay them to influence city officials, as they must disclose on the state and federal level. But at least 17 lobbyists who are also lawyers refused to do so, saying the disclosure would violate attorney-client privilege.

Wisconsin – Senate Votes to Force Out State Ethics and Elections Leaders
Wisconsin State Journal – Mark Sommerhauser | Published: 1/23/2018

The Wisconsin Senate refused to confirm the leaders of the state elections and ethics commissions, despite unanimous bipartisan support from the boards that hired them. The Senate voted against confirming elections Administrator Michael Haas and ethics Administrator Brian Bell. Majority Leader Scott Fitzgerald says he has lost confidence in both men’s ability to be nonpartisan. Both previously worked for the Government Accountability Board, which Republicans disbanded in 2015 after it investigated Gov. Scott Walker and other conservative groups. Watchdog groups have threatened to sue to keep Bell and Haas in their jobs.

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.

After being rejected by the Wisconsin Senate, a bipartisan commission has voted to retain Mike Haas through April 30 as the state’s top election official.

Attorney General Brad Schimel has told Gov. Scott Walker someone new must be appointed in order to be in compliance with state law.

Commissioner Mark Thomsen, however, contends only the bipartisan commission has the authority to remove Haas from the post.

Upcoming elections take place on February 20 and April 3.

The San Francisco, California Board of Supervisors voted 6-3 on January 23 to appoint District 2 Supervisor Mark Farrell as acting mayor and to remove Board President London Breed.

Breed became acting mayor in December when Mayor Ed Lee suddenly died of a heart attack.

By accepting the appointment, Farrell is giving up his District 2 seat and will have a chance to appoint his successor.

Under the city charter, the board may appoint a successor to serve until the June 5 election.

A campaign to recall Santa Clara County, California Superior Court Judge Aaron Persky has submitted enough valid signatures to the Registrar of Voters to qualify for the June 5 ballot.

Judge Persky made national headlines in 2016 after sentencing a former Stanford University swimmer to six months in jail for sexually assaulting an intoxicated, unconscious woman outside a campus fraternity party.

The Santa Clara Board of Supervisors will have 14 days to put the recall on the June 5 ballot.  If they abstain, the recall will automatically be placed on the ballot.

In a special election on January 23, Oregon voters approved Measure 101.

Measure 101 keeps taxes on health insurers, hospitals, and managed care organizations that were passed during the 2017 legislative session.

The taxes will help fund the Oregon Health Plan, the state’s Medicaid program.

Unofficial results show 61 percent of voters approved the measure, with 925 out of 1335 precincts reported.

The Pennsylvania Supreme Court ruled yesterday the state’s congressional map was gerrymandered to favor one party over the other.

Currently, five of the state’s 18 seats are held by Democrats, 12 by Republicans, and there is one vacancy where there is a special election on March 13.

The court ordered a new map be submitted by February 15, but the state Legislature plans to challenge the decision in federal court.

The fastest 2 minutes in government, lobbying and elections news you can use in this weeks video digest.

The Missouri House of Representatives overwhelmingly voted to pass restrictions on lobbyist gifts on Wednesday, January 17, 2018.

The proposal would ban lobbyist expenditures on individuals, with the exception of customary gifts such as flowers and other plants, and events where all members of the Legislature are invited.

House Bill 1303 has been referred to the Senate Rules, Joint Rules, Resolutions, and Ethics Committee.

National:

One Year After Women’s March, More Activism but Less Unity
New York Times – Farah Stockman | Published: 1/15/2018

The Women’s March a year ago aimed to start a movement of women from all walks of life who would continue their activism long after they had gone home. In many ways, that goal has been realized. Thousands of women threw themselves into activism for the first time in their lives, especially in red states where the events provided a rare chance to build a network of like-minded people. But as the movement evolves, differing priorities and tactics have emerged among the women, nearly all of them unpaid and spread across the country. Now, on the eve of the anniversary, a rift is emerging between two groups. The split has raised questions about who can claim the mantle of the Women’s March, and the funding and press attention that goes with it.

Federal:

House Judiciary Advances Foreign Lobby Overhaul
Roll Call – Kate Ackley | Published: 1/17/2018

The House Judiciary Committee approved a bill that would tighten oversight of lobbyists who work for foreign governments or companies. The committee voted to give the Department of Justice additional powers to enforce rules requiring lobbyists to register under the Foreign Agents Registration Act (FARA). The bill would also close loopholes in FARA and require the Justice Department to develop a strategy for enforcing the law. Critics have argued that FARA reporting requirements are unclear and contain loopholes that allow American lobbyists to avoid disclosure of their foreign clients.

Trump’s Inauguration Money Is Still Missing One Year After His Administration Took Control of the White House
Newsweek – Linley Sanders | Published: 1/18/2018

Almost one year after President Trump took the oath of office, millions of dollars from his leftover inauguration funds have still not been donated to the charities they were promised to. Trump’s inauguration committee raised a record-breaking $107 million as his administration prepared to assume the White House last year, but very little has been disclosed about where the remaining money was allocated. A watchdog group is questioning why the funds disappeared, and a member of Congress is proposing legislation to keep future administrations from obscuring their own inaugural donations.

From the States and Municipalities:

California – Lavish Bash for California Politicians and Lobbyists Gets a #MeToo Makeover
CALmatters.org – Laurel Rosenhall | Published: 1/17/2018

For more than a decade, California’s extravagant Back to Session Bash was a place to let loose. Debauchery at the party, insiders joked, ended at least one career annually. But with the Capitol reeling from accusations of sexual harassment and assault that have caused two legislators to resign and a third to take a leave of absence, the mood at the party this month was more subdued. Many wore black, a statement inspired by Hollywood actresses to highlight efforts to stop sexual misconduct.

Delaware – Lobbyists Given a Space of Their Own in Legislative Hall
Wilmington News Journal – Scott Gross | Published: 1/10/2018

Lobbyists have been offered a dedicated room at Delaware’s Legislative Hall on a trial basis. Senate President Pro Tempore David McBride announced that the state’s more than 300 registered lobbyists could use a conference room on the second floor of the statehouse, in an effort to clear out public space. McBride says lobbyists have long “camped out in the hallways, taking up couches and space” designed for citizens’ use. Senate Republicans expressed frustration, with Minority Leader Greg Lavelle questioning the need for a “comfort station” for lobbyists.

Maine – Maine Republican Party Promoting ‘Fake News’ Sites That Target Democrats
Portland Press Herald – Brian MacQuarrie (Boston Globe) | Published: 1/15/2018

Fake news – misleading stories that have mushroomed in the age of social media and that became Internet fodder during the 2016 presidential election – has found a way into Maine politics, Democrats say. Of even more concern to some Democrats: it appeared the GOP was working directly with an anonymous conservative website called the Maine Examiner, which ran a series of negative stories against Democrat Ben Chin in the runoff election for Lewiston mayor.

Minnesota – Minnesota GOP Leader Seeks Cut of Big Donations
Federal News Radio – Kyle Potter (Associated Press) | Published: 1/17/2018

Jennifer Carnahan, the new chairperson of Minnesota’s Republican Party, is seeking a 10 percent commission from large donations to the party. Campaign finance experts said they have never heard of such an arrangement. And it risks upsetting major GOP donors and activists by diverting critical resources from a party that has struggled with debt for much of the last decade, even as it prepares for two U.S. Senate elections, a wide-open race for governor, and four or more competitive congressional elections.

Missouri – Lobbyist Gift Restriction Launched from Missouri House to Senate
St. Louis Post-Dispatch – Jack Suntrup | Published: 1/17/2018

The Missouri House passed a bill that restricts lobbyist gifts to lawmakers. It now goes to the Senate, which has defeated such legislation in the past. House Bill 1303 would ban lobbyist expenditures on individuals save for customary gifts such as flowers. It would also exempt events in which every member of the Legislature is invited.

Montana – Montana Secretary of State Sends Email Criticizing Mainstream Media to 130,000 People
Helena Independent Record – Holly Michels | Published: 1/17/2018

An email sent to thousands of Montanans by Secretary of State Corey Stapleton stirred up discussion over how state resources were used to disseminate the message. The email, sent to 130,000 business owners and subscribers through an e-blast system using state funds and resources, has a subject line that reads “Be Careful What Gets Your Attention” and says there “is one huge problem with mainstream media in America.” Stapleton said the email was not in response to any specific news coverage or event, either nationally or in Montana.

New Mexico – Lobbyist Transparency Takes a Nosedive
New Mexico In Depth – Marjorie Childress and Melorie Bagey | Published: 1/13/2018

What money buys in Santa Fe is a pressing question these days in New Mexico, where in the past three years, a former secretary of state has pleaded guilty to embezzlement and a former state senator has been convicted of bribery. Over the last seven or eight years, due to public pressure following an earlier series of scandals, the New Mexico Legislature seemed to be opening the doors slightly on how decisions are made. So, it was a bit of a surprise when during the 2016 legislative session state lawmakers reduced the amount of money spent by lobbyists and their employers that has to be publicly disclosed.

South Carolina – South Carolina Lawmakers Overseeing Regulators Were Also Wined and Dined by Utility Companies
Charleston Post and Courier – Andrew Brown | Published: 1/13/2018

Years before South Carolina was saddled with two failed nuclear reactors, utility companies hosted “appreciation dinners” for the lawmakers who pick the state’s seven utility regulators.  The social affairs were held at top-end restaurants in cities across the country, with the state’s largest utilities lavishing some of the Legislature’s most influential lawmakers. All of these lawmakers were on the Public Utilities Review Committee. That little-known panel selects and oversees the commissioners who decide how much residents pay for water, gas, and electricity.

Tennessee – Tennessee Legislature’s New Home Is Less ‘Middle School,’ More ‘Corporate’
Chattanooga Times Free Press – Andy Sher | Published: 1/15/2018

In December, Tennessee lawmakers left their home in the Legislative Plaza complex to take up residence in the Cordell Hull State Building, newly renovated at a cost of $126 million. Legislative Plaza, and adjoining space in the War Memorial Building, was where lawmakers had offices and where committees did much of their work, shaping legislation that later was passed in the actual House and Senate chambers, located in the Capitol. But for all of its faults, including leaks from water fountains on the park-like plaza above, the old Legislative Plaza had more of an intimate feel, according to some lawmakers, staffers, and lobbyists.

Wisconsin – As Senate Vote Nears, State Ethics Chief Blasts Former Government Accountability Board as Partisan, Inconsistent
Wisconsin State Journal – Mark Sommerhauser | Published: 1/18/2018

Brian Bell, the administrator of the Wisconsin Ethics Commission, said he left the Government Accountability Board in 2015 because it enforced the law unevenly and one of its top attorneys, Democrat Shane Falk, “displayed open partisanship.” The denunciation comes as the state Senate is poised to vote on the confirmations of Bell and the state Elections Administrator, Mike Haas. Watchdogs signaled they may go to court over whether legislators can forcibly remove the administrators.

Wisconsin – State Report: Nearly 15 percent of Wisconsin lobbyists lobbied without authorization
Wisconsin State Journal – Mark Sommerhauser | Published: 1/10/2018

A Wisconsin Ethics Commission audit has determined that more than 14 percent of the state’s lobbyists may be engaging in unauthorized lobbying. The commission released its report without naming any of the potential violators. It planned to contact the 78 lobbyists identified for an explanation. Attorney Mike Wittenwyler who represents lobbyists told the commission before the report was released that the problems may be due to paperwork and process, not ill intent. The report also found that of the 691 registered interest groups that employ lobbyists, 74 appeared to have engaged in unauthorized lobbying.

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.

Campaign Finance

National: “Trump’s Inauguration Money Is Still Missing One Year After His Administration Took Control of the White House” by Linley Sanders for Newsweek

Minnesota: “Minnesota GOP Leader Seeks Cut of Big Donations” by Kyle Potter (Associated Press) for Federal News Radio

Ethics

National: “Trump Gives Out ‘Fake News Awards’ to CNN, N.Y. Times, Wash Post” by Jason Schwartz for Politico

National: “He Leaked a Photo of Rick Perry Hugging a Coal Executive. Then He Lost His Job.” by Ben Protess for New York Times

California: “Lavish Bash for California Politicians and Lobbyists Gets a #MeToo Makeover” by Laurel Rosenhall for CALmatters.org

Idaho: “Idaho Legislative Panel Rejects Lawmaker Disclosure Proposal” by Rebecca Boone (Associated Press) for Twin Falls Trimes-News

Illinois: “‘Independent’ Watchdog’s Secret Funder: Conservative small-government group” by Mick Dumke and Dan Mihalopoulos (Chicago Sun-Times) for ProPublica Illinois

Montana: “Montana Secretary of State Sends Email Criticizing Mainstream Media to 130,000 People” by Holly Michels for Helena Independent Record

Wisconsin: “As Senate Vote Nears, State Ethics Chief Blasts Former Government Accountability Board as Partisan, Inconsistent” by Mark Sommerhauser for Wisconsin State Journal

Lobbying

Federal: “House Judiciary Advances Foreign Lobby Overhaul” by Kate Ackley for Roll Call

On February 14, a by-election will be held for Kelowna West electoral district seat of the Legislative Assembly of British Columbia.

The seat has remained vacant since August 4 of last year when MLA Christy Clark resigned to leave politics after leading the British Columbia Liberal Party from 2011 to 2017.

Premier John Horgan announced the date for the special election on January 17.

It is a special event when State and Federal Communications introduces a totally new compliance publication to our lineup, as this can take years to research and develop.  The last time that happened is when we introduced Canadian Compliance Laws in 2008 as a complement to our U.S.-based series of publications.

Today we are introducing another compliance publication: I COMPLY European Political Compliance Laws.

For years, our many clients, including a number of multi-national companies with offices and/or separate companies outside of North America, have been inquiring about lobbying and political compliance law reporting, especially in Europe. For many, this is a relatively new area, and although the concept of having to report various advocacy efforts is the same, there are differences and nuances in the European region.

In fact, there are so many compliance rules and regulations being generated and revised regularly in Europe to absolutely warrant that we track and capture these. That is what we do. Wherever we see the need for political compliance reporting, we will focus our efforts to deliver this information to our clients.

Learn more about our new publication or any of our other offerings at stateandfed.com as we continue to strive to provide you unparalleled political compliance services.