Montana Attorney General Tim Fox and Republican legislators say that rulings made by Commissioner of Political Practices Jonathan Motl in 2017 could be challenged by those affected if the court does not have the authority to change his confirmation.

Motl was appointed as Commissioner in 2013 by Gov. Steve Bullock and confirmed by the senate to a term ending January 1, 2017. A Montana District Court determined the end of his term to have no force or effect pending a decision as to whether he should serve a full 6-year term.

According to the Bozeman Daily Chronicle, Solicitor General Dale Schowengerdt said that Motl’s authority is uncertain, resulting in substantial due process concerns. Motl believes state law requires him to continue his duties until a successor is appointed.

On Tuesday, January 10, the D.C. Council introduced several bills aimed at limiting big donors’ influence and increasing transparency in campaign fundraising. Citizens have accused Mayor Muriel E. Bowser, a Democrat, of participating in pay-to-play politics.

One of the bills introduced would block contractors from city business for two years following a political contribution to a candidate or political committee.

Bill 22-0038 would increase the number of lobbying reports by requiring monthly filings. Currently, reports are due twice a year.

A Missouri ethics bill, being fast-tracked through the House, cleared committee yesterday with just three dissenting votes.

The bill would prohibit legislators from receiving certain gifts from lobbyists. Exemptions to the proposed ban would include honorary plaques, flowers and gifts customarily received by someone before they became a legislator.

The bill is just one of a handful of ethics bills on the legislative agenda. The measure could hit the House floor as early as Thursday.

Republican Attorney General Josh Hawley implemented a new ethics policy on Tuesday, January 10. His employees are now prohibited from accepting gifts from lobbyists.

The policy also prohibits staff from discussing business of the attorney general’s office with anyone attempting to lobby on behalf of a client, unless such person is a registered lobbyist. This includes licensed attorneys who fall within the scope of state lobbying law.

Hawley’s policy also establishes a pay-to-play provision prohibiting campaign contributions from those who have applied for or who have pending state contracts if the attorney general’s office has decision-making authority over the contract. Hawley’s ethics policy is effective immediately.

Gov. Terry McAuliffe announced he will send the General Assembly a package of proposals aimed at campaign finance and voter law reforms.

The campaign finance proposal will seek to ban the personal use of campaign funds and he would like to see the new voter photo identification law repealed.

Another proposal would expand absentee voting, permitting any registered voter in Virginia to vote absentee in-person starting 21 days before the election. The General Assembly convenes today to begin the 2017 session.

Yesterday, the U.S Supreme Court issued a temporary stay on a lower court order to hold special elections in November 2017 for North Carolina General Assembly seats in unconstitutionally gerrymandered districts.

The temporary stay of the lower court’s decision will remain in place until the justices decide whether to consider a previously filed appeal from state officials. If the Supreme Court hears the case and overturns the ruling, the special elections would be canceled and current districts restored for the 2018 election.

Gov. Terry Branstad called a special election for House District 89.

Democrat Jim Lykam resigned after winning the Senate District 45 seat previously held by Sen. Joe Seng, who passed away on September 16, 2016.

The special election for House District 89 will be held on January 31, 2017.

Almost immediately upon being sworn in as Missouri governor, Eric Greitens issued an executive order banning lobbyist gifts to executive branch employees.

The order also establishes a revolving door provision, prohibiting gubernatorial staff from lobbying his office after leaving their positions.

At the Capitol, Republican lawmakers held a meeting yesterday to endorse a bill to expand the executive order by banning most lobbyist gifts to legislators. The actions are part of an effort to reform state ethics laws and curb government corruption.

Lobbying

“Trump Insiders Head for Big K Street Paydays” by Isaac Arnsdorf and Kenneth Vogel for Politico

Indiana: “Tighter Rules Still Not Strict Enough for Some Lawmakers” by Maureen Hayden for Batesville Herald-Tribune

Massachusetts: “City Hall Promised Lobbying Reform. Nothing Happened.” by Mark Arsenault and Andrew Ryan for Boston Globe

Missouri: “Greitens Takes Over as Missouri Governor, Targets Lobbyists” by Summer Ballentine and David Lieb (Associated Press) for Yahoo! News

Campaign Finance

Arizona: “Cashier’s Checks, $3,000 in Cash, a Consultant and a Pastor” by Dustin Gardner and Rob O’Dell for Arizona Republic

Maryland: “Democrat Tapped for State House Charged with Illegal Donations, Won’t Be Sworn In” by Fenit Nirappil for Washington Post

Pennsylvania: “Calls Turn Developers into Donors for Peduto” by Rich Lord for Pittsburgh Post-Gazette

Ethics

“Russian Hackers Find Ready Bullhorns in the Media” by Max Fisher for New York Times

“Ethics Official Warns Against Confirmations Before Reviews Are Complete” by Ed O’Keefe and Sean Sullivan for Washington Post

“Jared Kushner, a Trump In-Law and Adviser, Chases a Chinese Deal” by Susanne Craig, Jo Becker, and Jess Drucker for New York Times

North Carolina: “Ethics Commission – Set to Become Elections Board – Secures Lawyers in Roy Cooper Lawsuit” by Colin Campbell for Raleigh News & Observer

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The Montana First Judicial District Court issued an order to let Commissioner of Political Practices Jonathon Motl stay in office until a case to extend his appointment is heard, reserving the ending date issue for determination by the Court.

A lawsuit filed last month asserts Motl, who was confirmed by the Senate in 2013, should be allowed to complete a full six-year term of service extending his appointment until June 2019. Montana Senate Republicans, who have repeatedly accused Motl of bias against them in his decisions, have introduced a resolution seeking to intervene in the case to “vigorously defend and protect in all court proceedings the legal integrity of (the) Senate’s constitutional confirmation authority.”

If the resolution passes, the Senate will assert that Motl’s term ended on January 1, 2017. A hearing is expected on the issue in early 2017.

Last week, a panel of three judges granted Gov. Roy Cooper’s request for the state to temporarily refrain from overhauling the elections board until his active lawsuit is resolved.

Cooper proposed the constitutional separation of powers are overlooked in a new General Assembly law.

If Cooper fails to win the suit, and the law is not overturned, the five-member state Board of Elections will be reorganized into a team of eight under the state Ethics Commission.

Gov. Scott Walker called the Wisconsin Legislature into special session on Thursday, January 5.  The Legislature is currently in regular session; a special session operates under different rules to speed up the legislative process.

Citing a public health crisis, Walker called the special session so lawmakers would consider a package of heroin and opioid abuse bills. The Senate will consider the bills after they are introduced and move through committee.

Walker also issued executive orders directing state agencies to follow the recommendations of his opioid abuse task force and directing the Department of Health Services to apply for federal funding to help in its response efforts.

Photo of Gov. Scott Walker courtesy of Gage Skidmore on Wikimedia Commons.

Lobbying

“Trump’s Twitter Feed Traumatizes Washington” by Eli Stoklos and Josh Dawsey for Politico

Florida: “Taxpayers Will Keep Paying for Lobbyists in Tallahassee, Despite House Speaker, Who Calls It a ‘Disgrace’” by Steve Bousquet and Michael Auslen for Tampa Bay Times

New York: “Now a Lobbyist, Democratic Power Broker Faces Restrictions in New York Job” by Samar Khurshid for Gotham Gazette

Campaign Finance

“Libertarian Challenge to Contribution Limits Advances” by Kenneth Doyle for Bloomberg BNA

Florida: “Investigation: Florida elections loophole empowers special interests” by Lucas Daprile for TCPalm.com

Washington: “Seattle Voters Will Soon Get $100 in ‘Democracy Vouchers’ to Donate to Candidates” by Daniel Beekman for Seattle Times

Ethics

California: “City Council Embraces Transparency Provisions Pushed by New Mayor Steinberg” by Anita Chabria for Sacramento Bee

Maryland: “Federal Bribery Charges Filed over Prince George’s County Liquor Licenses” by Lynh Bui, Ann Marimow, and Arelis Hernandez for The Washington Post

Legislative Issues

“House Votes to Fine Members Up to $2,500 If They Take Videos in Chamber” by Erin Kelly for USA Today

South Carolina: “Grand Jury Indicts Rep. Chris Corley on Domestic Violence, Gun Charges” by Maya Prabhu for Charleston Post and Courier