Lobbying

“Florida Lobbyist Turning Trump Ties into Mega-Millions” by Rachel Wilson for Center for Public Integrity

Campaign Finance

Canada: “Justin Trudeau Lobbied at Recent Fundraising Event, Critics Raise Flags About New Rules” by Amy Minsky for Global News

Colorado: “Colorado Supreme Court: Douglas County School District didn’t violate campaign laws” by Brian Eason for Denver Post

Ethics

“Justice Dept. Compliance Expert Whose Contract Ended Early Says Trump Conflicts Made Work Feel Hypocritical” by Matt Zapotosky for Washington Post

“As Mueller Builds His Russia Special-Counsel Team, Every Hire Is Under Scrutiny” by Matt Zapotosky for Washington Post

“CNN Story About Source of Trump Wrestling Video Draws Backlash” by Daniel Victor for New York Times

Arizona: “Sue or Be Sued: Indicted developer George Johnson has long history in court” by Michael Kiefer for Arizona Republic

Arkansas: “Former Arkansas Judge’s Bribery Conviction, Prison Sentence Upheld” by Debra Hale-Shelton for Arkansas Online

California: “Appeals Court Throws Out Some Criminal Charges for Angela Spaccia, a Top Official in the Bell Corruption Scandal” by Corina Knoll for Los Angeles Times

Elections

Kansas: “Kobach: Kansas won’t give Social Security info to Kobach-led voter commission at this time” by Bryan Lowry for Kansas City Star

Procurement

Florida: “Florida’s Departing Fiscal Watchdog Used Public Scrutiny as a Weapon” by Mary Ellen Klas (Miami Herald) for Bradenton Herald

All the state government and ethics news you might have missed in this weeks video digest!

Gov. Kim Reynolds called a special election for House District 82.

The special election has been called to fill the vacancy left by the passing of State Rep. Curt Hanson. Hanson was serving his fifth term when he lost his battle with cancer on June 16, 2017.

The special election has been set for August 8, 2017.

Becky Campbell is here covering the state government and ethics news from around the country in this week’s video digest!

Becky is back with State Government and Ethics News You Can Use from around the country in this week’s video digest!

Federal:

After the Shootings, Calls for Unity Amid Recriminations and Finger-Pointing
Washington Post – Dan Balz | Published: 6/14/2017

From President Trump to congressional leaders of both parties to ordinary citizens came calls for prayers for the victims of the shootings that left House Majority Whip Steve Scalise and four others wounded, praise for the Capitol Police officers who prevented an even worse tragedy and, above all, words of reconciliation and unity. But barely on the edges of those remarks was another round of recriminations and a renewed debate about what has brought the country to a point of such division, what is to blame for what happened on that baseball field, and what, if anything, can be done to lower temperatures for more than a few minutes.

D.C. and Maryland Sue President Trump, Alleging Breach of Constitutional Oath
Washington Post – Aaron Davis | Published: 6/12/2017

The attorneys general of Maryland and the District of Columbia filed a lawsuit alleging foreign payments to President Trump’s businesses violated the U.S. Constitution. Trump already faces a similar lawsuit, but the case from two state attorneys general could stand a better chance in court as the first government action over allegations Trump violated the Constitution’s so-called emoluments clause, which bars him from accepting gifts from foreign governments without congressional approval, by maintaining ownership over his business empire despite ceding day-to-day control to his sons. The complaint opens uncharted legal territory. No state has accused a president of violating the emoluments clauses of the Constitution.

Lobbyists’ Foreign Agent Filing Raises Questions
BuzzFeed.com – John Hudson | Published: 6/12/2017

Mercury Public Affairs – which was recently forced, alongside former Trump campaign manager Paul Manafort, to disclose lobbying on behalf of political interests in Ukraine – filed a disclosure in February on behalf of the Libertas Foundation. The filing lists a contract for $15,000 a month for work related to “Romania, Bulgaria, Macedonia, Serbia and Greece.” But the filing does not list a foreign agent, one of the key purposes of a Foreign Agents Registration Act disclosure. In the form’s entry for “Name of Foreign Principal” the filing only lists Libertas, which was incorporated in August, just one day before Mercury filed documents with Congress declaring the lobbying work. Normally that space would be filled by the name of a foreign government or entity, not a New York-based organization.

Special Counsel Starts Investigating Trump for Possible Obstruction of Justice, Officials Say
Washington Post – Devlin Barrett, Adam Entous, Ellen Nakashima, and Sari Horwitz | Published: 6/14/2017

What started as a probe of Russian interference of the 2016 election turned into a special counsel-led investigation of whether associated of Donald Trump colluded with Russia. Now the inquiry is reportedly examining whether Trump himself tried to obstruct justice. It was reported that the investigation led by special counsel Robert Mueller is seeking interviews with current and recently resigned top intelligence officials, including Director of National Intelligence Dan Coats and National Security Agency head Mike Rogers. Questions have been raised about whether Trump sought their help in squelching the FBI investigation led by James Comey, whom Trump fired. Coats and Rogers declined to answer questions about their interactions with the president on the Russia subject during a recent Senate hearing.

From the States and Municipalities:

Arizona – What Happens When One of Your Financial Backers Is Indicted?
Arizona Republic – Ronald Hanson and Yvonne Wingett Sanchez | Published: 6/9/2017

The recent indictment of four political figures has forced an unwelcome decision on the numerous elected officials in Arizona they have lavished with campaign contributions over the years: what to do with the cash? So far their responses vary. Gov. Doug Ducey plans to keep nearly $14,000 in donations from those charged in the federal indictment alleging bribery intended to influence the Arizona Corporation Commission. Even as the governor sees no reason to distance himself from the situation, other elected officials said they plan to unload the money to avoid any “taint” from the felony case.

Florida – It’s the End for the Miami Beach Mystery PAC – a Political Whodunit
Miami Herald – Nicholas Nehamas and Joey Flechas | Published: 6/10/2017

A political committee raising funds from special interests will shut down and return its money to donors after being linked to Miami Beach Commissioner Michael Grieco. Since January, Grieco, a candidate for mayor, has offered shifting stories to explain his connection to People for Better Leaders, a PAC that raised $200,000 from local vendors, lobbyists, and developers. Raising special-interest money for PACs is a controversial, and potentially illegal, campaign tactic in Miami Beach, which has stricter campaign finance and ethics laws than the rest of Miami-Dade County. A law passed in 2016 prevents candidates and elected officials, and those acting on their behalf, from soliciting vendors and lobbyists to donate to PACs.

Illinois – Ethics Board Finds Two More Lobbying Violations Tied to Emanuel Emails
Chicago Tribune – Bill Ruthhart | Published: 6/13/2017

The Chicago Board of Ethics found two individuals violated the law by seeking to influence City Hall action without registering as a lobbyist. The new violations come as the ethics board has seen a sharp increase in potential cases after a Chicago Tribune report found Mayor Rahm Emanuel’s personal email accounts have served as a private avenue for lobbyists, corporate executives, and campaign donors who sought action from – or access to – the mayor. The board has determined probable cause for at least 12 other possible lobbying violations, and its review of those cases is ongoing. While the ethics board will notify the two violators, it has yet to make a final determination on how much they will be fined.

Michigan – How Bingo Games Led to $500K Fine for Mich. Democratic Party
USA Today – Kathleen Gray (Detroit Free Press) | Published: 6/9/2017

The Michigan Democratic Party agreed to pay a $500,000 fine after the FEC concluded the party under-reported cash contributions at past bingo fundraisers by $4.4 million and violated several campaign finance laws. The party inaccurately reported approximately 12,500 contributions from the game-of-chance fundraisers, which it had operated over nearly 14 years but shut down three years ago. The civil fine is among the largest ever levied by the FEC.

New Mexico – Secretary of State Planning New Campaign Funding Rules
Albuquerque Journal – Dan Boyd | Published: 6/14/2017

New Mexico Secretary of State Maggie Toulouse Oliver is proposing changes to campaign finance reporting rules for candidates and committees designed to provide more detailed and accurate disclosures of political contributions. Toulouse Oliver published proposed rules that address contributions to political committees that both coordinate with candidates and operate independently. Three public hearings on the rules will be held during July at Albuquerque, Las Cruces, and Santa Fe. The draft rules follow in the footsteps of legislation vetoed by Gov. Susana Martinez that would have made more information available about unlimited independent political donations.

New York – Uber Reaches $98K Settlement Over Millions in Unreported Lobbying
Albany Times Union – Chris Bragg | Published: 6/8/2017

Uber was fined $98,000 by the New York State Joint Commission on Public Ethics for underreporting about $6.3 million in lobbying spending. The fine covers activities in 2015 and 2016 when Uber successfully battled New York City Mayor Bill de Blasio’s attempt to limit its service in the city and pushed to expand upstate. The settlement says most of the underreporting was due to an oversight by a compliance firm that Uber used. Uber has been one of the top spenders on lobbying in recent years as it fought to operate across the state.

Ohio – Ohio Lobbyists Fail to Report $55,000 in Legislative Gifts for First 4 Months of 2017
Cleveland Plain Dealer – Jane Morice | Published: 6/7/2017

Lobbyists in Ohio failed to report about $55,000 in gifts, meals, and beverages for lawmakers during the first four months of this year, said a report from the legislative inspector general. The office follows statehouse calendars, social media, reservations, and tips to keep track of lobbying activity and compares it to submitted reports, Inspector General Tony Bledsoe said. All meals and beverages of any cost and all gifts of more than $25 must be reported.

Oklahoma – Oklahoma Ethics Commission Hikes Fee $50 on All Filers
NonDoc.com – William Savage III | Published: 6/8/2017

The Oklahoma Ethics Commission has raised the fees it charges. State party committees, PACs, campaign committees, lobbyists, the principals who hire lobbyists, state agencies, and their legislative liaisons will all pay $50 more for filing annual registrations with the commission. The fee hike will take effect on July 1 and is expected to generate enough to cover the cost of new software.

Pennsylvania – Ex-Pa. Treasurer Pleads Guilty to Lying to the FBI
Philadelphia Inquirer – Angela Couloumbis | Published: 6/9/2017

Former Pennsylvania Treasurer Barbara Hafer pleaded guilty to lying to the FBI about whether an investment adviser funneled hundreds of thousands of dollars to her after she left office. The maximum possible sentence for the felony offense is five years and a $250,000 fine. Federal prosecutors said Hafer denied in 2016 that she received money from asset manager Richard Ireland shortly after her term as treasurer ended in early 2005. In fact, a company tied to him had funneled $675,000 to her new company, Hafer and Associates, between 2005 and 2007, prosecutors said. Hafer is the second ex-state treasurer in three years to plead guilty to federal charges.

Vermont – Scott Calls New Ethics Law a Step to Restore Trust in Government
VTDigger.org – Dan Schwartz | Published: 6/14/2017

Vermont Gov. Phil Scott has signed into law a bill establishing a state ethics commission. The measure creates a five-member panel that reviews cases of unethical behavior. The commission would then have the power to send cases to the state attorney general’s office. The law also requires lawmakers to disclose sources of income above $5,000. Before the bill became law, Vermont was among five states without an ethics commission or code of conduct in state law for public officials.

Wisconsin – Supreme Court Could Tackle Partisan Gerrymandering in Watershed Case
Washington Post – Robert Barnes | Published: 6/11/2017

The U.S. Supreme Court is being asked to uphold a lower court’s finding that the Wisconsin redistricting effort in 2011 was more than just extraordinary, it was unconstitutional. Such a conclusion would mark a watershed moment for the way American elections are conducted. The Supreme Court has regularly tossed out state electoral maps because they have been gerrymandered to reduce the influence of racial minorities by depressing the impact of their votes. But the justices have never found a plan unconstitutional because of partisan gerrymandering – when a majority party draws the state’s electoral districts to give such an advantage to its candidates that it dilutes the votes of those supporting the other party.

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.

 Becky Campbell is here to deliver all the government relations and ethics news you can use from around the country in this weeks video digest!

The 79^th session of the Nevada Legislature adjourned just after midnight local time on Tuesday, June 6, 2017.

A package of budget bills was passed, resolving a stalemate many thought would not be resolved by the end of the regular session.

Legislators also pushed through a clean energy bill and one requiring additional oversight of drivers for ride-sharing companies like Uber and Lyft.

Attending any of these events in June? Make sure you say hi to the State and Federal Communications Team!

June 7 GAIN: DC Decorum, Crafting Communications, Washington, D.C.

June 7 NCSL Symposium for Legislative Leaders Reception, Washington, D.C.

June 11-13 WistiaFest 2017, Boston, MA

June 13 Public Affairs Council Digital Media and Advocacy Summit, Washington, D.C.

June 19 The Advocacy Group Summer Reception, Washington, D.C.

June 19-22 BIO International Conference, San Diego, CA

June 21 Ohio Summer Social, Washington, D.C.

June 23-26 U.S. Conference of Mayors, Miami Beach, FL

Becky Campbell is back to deliver any government relations and ethics news you might have missed in this weeks News You Can Use Video Digest. Enjoy!

Texas adjourned the 85th legislative session sine die Monday May 29, 2017.

Just hours before the House adjourned, Gov. Greg Abbott announced he would be making a decision later this week about whether to call the Legislature back into a special legislative session this summer, largely because lawmakers failed to pass a bill to keep the Texas Medical Board and related agencies open.

A special session could be avoided if the governor uses an executive order to extend the life of agencies involved in health and safety issues.

The Texas Legislature is not scheduled to convene until the 2019 regular session.

The Oklahoma Legislature adjourned sine die on Friday, May 26. As a result, all rule amendments proposed and approved by the Oklahoma Ethics Commission became law.

Effective immediately the lobbyist registration renewal deadline has been extended from December 31 to January 15. Changes to lobbyist reporting include moving all executive lobbyist report due dates as well as the January and July legislative lobbyist reports due dates to the 15th of the month. All other legislative reports remain due on the 5th of the month. Campaign finance rule amendments include new requirements for committees formed for the purpose of influencing a state question. Such committees must include the number of the state question as part of the name of the committee. They must also file reports any time an expenditure of $5,000 or more is made to advocate the passage or defeat of a state question. The reports are due at the same time as those for independent expenditures and electioneering communications.

Effective January 1, 2018, the limit for lobbyist or lobbyist principal gifts given in recognition of infrequently occurring occasions of personal significance will drop from $200 to $100 in any calendar year. Such gifts will be required to be given and received contemporaneously with the occasion or at times when such gifts are traditionally given. Infrequently occurring occasions of personal significance will not include annual events such as birthdays or anniversaries; rather, they will refer only to major life events. Lastly, a lobbyist providing a meal to a state officer or employee will be required to be present for the meal. Similarly, a lobbyist providing a gift including attendance at an event will be required to attend the event with the recipient of the gift.

National:

Sean Hannity Done Talking About Seth Rich and WikiLeaks ‘for Now’ as Fox News Retracts Story
Washinton Post – Kristine Phillips and Peter Holley | Published: 5/24/2017

Fox News retracted a story linking the murder of a Democratic National Committee staff member with the email hacks that aided Donald Trump’s campaign, effectively quashing a conspiracy theory that had taken hold across the right-wing news media. The story of the murdered aide, Seth Rich, who was 27 when he was shot near his Washington, D.C. home in July, has been seized on by conservative pundits as an alternative narrative to the cascade of damaging revelations about the Trump administration’s ties to Russian officials who meddled in the presidential election. No evidence to support that theory has emerged, and the Washington Metropolitan Police Department is still investigating the case.

Work and Politics: What rights do employees have?
USA Today – Charisse Jones and Michael Izzo | Published: 5/16/2017

A U.S. House member’s letter that helped push a New Jersey attorney to resign after her boss was told she was a grassroots “ringleader,” sparked questions about how much an employer can clamp down on an employee’s activism. In an era of heightened political tensions, when many Americans are marching and boycotting for perhaps the first time, the case is showing how politics and the workplace can collide.

Federal:

‘Soft Money’ Rules Upheld by Supreme Court
Bloomberg BNA – Kenneth Doyle | Published: 5/23/2017

The U.S. Supreme Court turned away a Republican challenge to a federal campaign finance restriction that prevents political parties from raising unlimited amounts of cash to spend on supporting candidates. The Republican Party of Louisiana had argued a provision of the 2002 Bipartisan Campaign Reform Act (BCRA) violates its free speech rights. But the justices let stand a lower court’s ruling that rejected the challenge. BCRA barred state and local parties from taking unlimited donations for any activities concerning federal elections. Such contributions are often called soft money because they are unregulated.

Trump Asked Intelligence Chiefs to Push Back against FBI Collusion Probe after Comey Revealed Its Existence
Washington Post – Adam Entous and Ellen Nakashima | Published: 5/22/2017

President Trump called two of the nation’s top intelligence officials – Dan Coats, the director of National Intelligence, and Admiral Michael Rogers, director of the National Security Agency – and urged them to publicly deny there is any evidence of collusion between his campaign and the Russians. The requests came in the days after then-FBI Director James Comey publicly confirmed the FBI was probing the Trump-Russia connection in his testimony before the House Intelligence Committee on March 20. Coats and Rogers refused to comply with the requests, which they both deemed to be inappropriate.

White House Moves to Block Ethics Inquiry into Ex-Lobbyists on Payroll
New York Times – Eric Lipton | Published: 5/22/2017

The Trump administration is trying to block an effort from the Office of Government Ethics (OGE) to find out the names of lobbyists who have been granted waivers to work in the federal government. The White House sent a letter to OGE Director Walter Shaub, challenging the agency’s authority to see the waivers. President Trump in January signed an executive order that banned lobbyists hired in his administration from working with former clients or on issues they had been involved with for two years unless they received a waiver. Dozens of former lobbyists and industry lawyers are now working in the administration. Keeping the waivers confidential would make it impossible to know whether those officials are violating ethics rules or have been given a pass to ignore them.

From the States and Municipalities:

Arizona – Phoenix Moves to Implement New Rules for Lobbyists Following Republic Report
Arizona Republic – Rob O’Dell and Dustin Gardiner | Published: 5/23/2017

The city council gave preliminary approval to amending Phoenix’s lobbying ordinance so those who do not comply with its registration or expense disclosure rules can face sanctions, including fines of up to $2,500, suspension from lobbying, and possible jail time for repeated offenses. The new law also would apply rules to lobbyists’ communication with far more officials at the city. The council also approved a news definition of “lobbyist.” The council will hold one more vote to finalize the changes.

Arkansas – Panel: Dallas Cowboys owner violated Arkansas ethics law
Arkansas Online – John Lyon (Arkansas News Bureau) | Published: 5/20/2017

Dallas Cowboys owner Jerry Jones, who grew up in North Little Rock, paid for the city’s police officers and their families to attend a Cowboys home game of their choice late last season, with travel and lodging accommodations included. The gifts were in recognition of police service and volunteer work in the community. The Arkansas Ethics Commission ruled Jones had committed “an unintentional violation” by making the gift. Jones will receive a warning letter. No sanction was imposed because of his reliance on “the erroneous conclusion” in a North Little Rock City Council resolution. Through that resolution, the council accepted the gifts and subsequently passed them along to the officers as an employee benefit.

Iowa – Ethics Complaint Against Iowa Gun Owners Leader Dismissed
Des Moines Register – Brianne Pfannenstiel | Published: 5/22/2017

A man who has sometimes registered as a statehouse lobbyist was called a “liar” and “immoral,” but the House Ethics Committee dismissed a complaint against Iowa Gun Owners Executive Director Aaron Dorr. The complaint alleged Dorr was telling members of his group that he was lobbying lawmakers, but while Dorr has registered as a lobbyist in the past, he did not this year. Dorr gave documents to the committee saying he had not been designated as a lobbyist for Iowa Gun Owners and was not being paid to be its executive director. Committee Chairperson Rob Taylor said unless the panel decided to issue a subpeona for Dorr’s tax returns and bank records, they would have to accept that explanation.

Missouri – New Campaign Finance Rules Ignore Missouri Voters’ Decision
Governing – Kurt Erickson (Tribune News Service) | Published: 5/23/2017

The Missouri Ethics Commission issued an opinion saying campaign committees formed by party leaders in the House and Senate are no longer limited to contributions totaling $25,000 annually. Commission Executive Director James Klahr said those committees can once again receive unlimited donations. Under a November change to the state constitution, Missouri voters overwhelmingly capped contributions to individual candidates for office at $2,600 per election. Donations to a political party were capped at $25,000.

Montana – Bullock Vetoes Bill to Raise Allowable Campaign Contributions
Billings Gazette – Holly Michels | Published: 5/19/2017

Montana Gov. Steve Bullock vetoed a bill that would have revised campaign finance laws in the state and made changes to the commissioner of political practices office. Bullock said Senate Bill 368 would undermine the agency’s effectiveness and raise contribution limits far above what residents think is acceptable. The legislation would have increased the filing fees for legislative candidates, changed laws related to investigation of campaign practices, created an appeal procedure for certain complaints, and prohibit the commissioner from filing criminal action against a candidate for some violations.

New Mexico – Loophole and Vague Laws Create Ambiguity in Lobbyist Reporting
New Mexico In Depth – Sandra Fish | Published: 5/19/2017

New Mexico’s lobbyist reporting law has been criticized as lacking transparency. A loophole in a 2016 reform effort changed the reporting requirements for organizations and people they hire who spend money to influence public officials in New Mexico. Critics also say the law’s vagueness results in a situation in which lobbyists are now free to report some expenses, or not. And how they report them depends on a lobbyist’s interpretation of the rules.

New York – JCOPE Settlement Expected to Reveal Glenwood Behind $690K
Albany Times Union – Chris Bragg | Published: 5/23/2017

The Joint Commission on Public Ethics reached a settlement with nonprofit lobbying group Pledge 2 Protect that is expected to require the group to disclose that real estate giant Glenwood was intended to force groups like Pledge 2 Protect, issue-oriented nonprofits with lobbying operations, to disclose their donors. But in a series of six transactions in 2013, nearly $700,000 was funneled from previously unknown donors to a newly founded boutique law firm, Marquart & Small, which then passed the funds on to Pledge 2 Protect. Only the name of Marquart & Small showed up on subsequent lobbying disclosure filings, not the names of the original donors.

North Carolina – Supreme Court Ruling Wipes Out Republican-Drawn House Districts in N.C.
USA Today – Richard Wolff | Published: 5/22/2017

The U.S. Supreme Court ruled North Carolina’s Republican-controlled Legislature unlawfully relied on race when drawing two of the state’s congressional districts. The decision continued a trend at the court, where justices have found racial considerations improperly predominated in redistricting decisions by GOP Legislatures in Virginia, Alabama, and North Carolina. Some involved congressional districts, others state legislative districts. The states had contended their efforts were partisan attempts to protect their majorities, which the Supreme Court in the past has allowed, rather than attempts to diminish the impact of minority voters, which is forbidden. But the justices declared North Carolina had relied too heavily on race in their efforts to “reshuffle,” voters from one district to another.

South Carolina – How South Carolina Lawmakers Are Re-examining Their Rule Book after Statehouse Probe Indictments
Charleston Post and Courier – Andy Shain | Published: 5/21/2017

The House and Senate ethics committees are reviewing their advisory opinions to determine if alterations or updates are needed to ensure state lawmakers get the proper guidance to stay within the boundaries of South Carolina’s ethics law. The law does not cover every potential personal conflict in a legislator’s campaign or legislative duties. So, lawmakers receive opinions from their ethics panels to fill the gaps and create a more complete rulebook for them to follow. Since 2014, four legislators have been indicted in an ongoing probe of statehouse corruption.

Virginia – A ‘Personal Friend’ Exemption on Gifts to Virginia’s Elected Officials Leaves Open an Unlimited Loophole
The Virginian-Pilot – Bill Bartel | Published: 5/23/2017

Changes to Virginia’s ethics laws that went into effect last year place a $100 annual limit on gifts from a lobbyist, his or her clients, or someone seeking business with the state. The reform ended a common practice of lobbyists providing lawmakers with unlimited gifts, such as expensive sports tickets or pricey dinners. A new ethics council was set up advise officials and to approve acceptance of specific gifts or travel costing more than $100. But there remained a large exception: there is no limit on gifts to an officeholder or immediate family members from a “personal friend” who is not a lobbyist, a lobbyist’s client, or someone seeking state business.

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 Legislature adjourned sine die late Friday, May 19, 2017.

Bills to block removal of Confederate monuments and allow certified midwives to deliver babies in the home both passed.

Lawmakers failed to pass the prison bill and Gov. Kay Ivey is expected to revisit the issue in a special session.