Take a quick minute to check out campaign finance, elections, ethics and lobbying news from across the country!

Campaign Finance

National: Court Paves Way for FEC to Reveal Anonymous $1.7 Million Super PAC Donor by Maggie Severns for Politico

Ethics

Canada: What’s a Feminist Government? Canada, and Trudeau, Grapple with the Question Sarah Lyall (New York Times) for MSN

Arkansas: Indictment: Former Arkansas lawmaker, couple named in corruption scheme by Doug Thompson for Northwest Arkansas Democrat-Gazette

Washington D.C.: Jack Evans Says He’ll Stop Outside Work, Using Constituent Funds for Sports Tickets Fenit Nirappil by for Washington Post

Lobbying

National: Ex-Obama Official Indicted Over Work with Manafort by Rosalind Helderman and Tom Hamburger (Washington Post) for San Jose Mercury News

Colorado: Denver’s Big 3 Lobbyists Have Deep Relationships with City Government and Mayor Michael Hancock by Ben Markus for Colorado Public Radio

Florida: Ethics Opinion Restricts Jacksonville City Council Members’ Lobbying for Two Years by David Bauerlein for Florida Times Union

Mississippi: Public Universities Spend Millions Wining, Dining, Lobbying Mississippi Lawmakers Luke Ramseth and Geoff Pender for Jackson Clarion-Ledger

The Idaho Legislature adjourned sine die April 11.

During the 95-day legislative session, lawmakers passed bills amending state lobbying and campaign finance laws and passed a Medicaid budget bill to fund an expansion of the program.

The session was longer than expected as lawmakers failed to pass a bill to extend administrative rules set to expire July 1.

The governor may reinstate temporary administrative rules, or a special session may be called to resolve the issue at a later date.

The statutory requirement to file monthly reports when the Legislature is in session will end with the report due May 15.

National:

You Elected Them to Write New Laws. They’re Letting Corporations Do It Instead.
USA Today – Rob O’Dell (Arizona Republic) and Mark Penzenstadler | Published: 4/4/2019

A two-year investigation reveals for the first time the extent to which special interests have infiltrated state Legislatures using model legislation. USA Today and The Arizona Republic found at least 10,000 bills almost entirely copied from model legislation were introduced nationwide in the past eight years, and more than 2,100 of those bills were signed into law. In all, these copycat bills amount to?the nation’s largest, unreported special-interest campaign, driving agendas in every statehouse and touching nearly every area of public policy. For lawmakers, copying model legislation is an easy way to get fully formed bills to put their names on, while building relationships with lobbyists and other potential campaign donors.

Federal:

Courts Have No Say When FEC Wants to Ignore Alleged Wrongdoing
Bloomberg Government – Kenneth Doyle | Published: 4/5/2019

A decision by two federal judges is making it impossible to challenge the way the FEC enforces campaign laws. When the agency deadlocks along party lines, that is now the end of the line, no court can second-guess letting an accused wrongdoer off the hook. Judicial review was eliminated last June by a panel of the U.S. Court of Appeals for the District of Columbia Circuit. Critics of that ruling have waited for the better part of year to find out if they would be allowed to argue before the full court on reversing that precedent. Many FEC enforcement complaints have been dismissed on party-line votes, with Democrats voting to pursue action and Republicans opposed.

Democrats Are Cozying Up to Corporate Lobbyists Despite Purity Pledges
Politico – Theodoric Meyer | Published: 4/8/2019

Some Democratic lawmakers who have promised to steer clear of campaign donations from corporate PACs are allowing the same corporations’ lobbyists to write them personal checks, and in some cases even host fundraisers for them. Democrats on K Street are frustrated by what they view as arbitrary restrictions on which kinds of money lawmakers will take and which kinds are forbidden, according to interviews. Democrats’ rush to reject corporate PAC money falls heaviest on in-house Democratic lobbyists for big corporations. Some of those lobbyists have found it harder to mingle with House Democrats when they cannot attend fundraisers by writing a corporate PAC check to get in the door.

Scant Staffing Means Few Monitoring Whether Lobbyists Obey Law
Bloomberg Government – Megan Wilson | Published: 4/9/2019

In 2016, enforcement of the Lobbying Disclosure Act (LDA) was handled by six part-time Justice Department lawyers and one full-time paralegal. Two years later, that work was being done by a much smaller staff: one part-time lawyer, one full-time paralegal, and one part-time paralegal. There has not been an enforcement action for an LDA violation in four years, and since the law was enacted in 1995, there have been a total of nine civil enforcement actions. For firms that want to stay on the right side of the law, “the lack of lawyers in the office has complicated matters when there are tricky legal issues to be resolved,” said Caleb Burns, a partner at Wiley Rein.

From the States and Municipalities:

Alabama: Ward: Bill allowing lobbyist gifts to lobbyists ‘dead’ in his committee
Montgomery Advertiser – Brian Lyman | Published: 4/10/2019

The Alabama Senate Judiciary Committee delayed a vote on a proposed bill that critics say would represent a major step back from ethics laws passed in 2010. The legislation’s sponsor, Sen. Greg Albritton, argued Senate Bill 230 would provide clarity by providing better definitions, explicit lines of enforcement and punishments for transgressions, and disclosures of gifts from lobbyists to officials. But the bill would lift any limits on what lobbyists could give to officials, provided they do not do so with corrupt intent. It also curtails the Alabama Ethics Commission’s ability to refer complaints to the attorney general’s office. “This bill is dead in my committee as far as I am concerned,” Judiciary Committee Chairperson Cam Ward wrote in a text.

California: To Block California Soda Taxes, Companies Paid for ‘Black Panther’ Tickets, Fancy Dinners
Los Angeles Times – Samantha Young (California Healthline) | Published: 4/7/2019

Dinners at an expensive restaurant in Maui, with ocean views. Tickets to professional sports games. A free screening of “Black Panther” at a Sacramento IMAX theater. And a $250,000 donation to a group that funds the governor’s travel. That is a sampling of the $11.8 million that soft drink companies and their lobbyists spent at the state and local levels in the past two years in California to block proposals such as taxing sugary beverages and imposing health warnings on their drinks, an analysis found. The beverage industry, like other interest groups, spends money to influence lawmakers in several ways. It makes financial contributions to their campaigns and lobbies them and their staffs, sometimes plying them with meals, events, and travel. It also donates to charities in lawmakers’ names.

Georgia: Georgia Ethics Chief to Issue Subpoenas in Investigation of Abrams Gubernatorial Campaign
The Hill – Zach Budryk | Published: 4/11/2019

David Emadi, the new executive secretary of the Georgia Government Transparency & Campaign Finance Commission, will subpoena bank records from 2018 Democratic gubernatorial candidate Stacey Abrams’ campaign. Emadi said he will also soon make a decision on whether to charge campaigns of Atlanta mayoral candidates for campaign finance fraud. Emadi replaced Stefan Ritter, who was accused of watching pornography at work and telling staff not to pursue potential campaign finance violations by candidates for city and statewide office. Ritter resigned in February.

Michigan: Mayor Mike Duggan Set Her Up to Succeed. That Raises Questions.
Detroit Free Press – Joe Guillen and Kat Stafford | Published: 4/4/2019

A charitable program run by a woman with close ties to Detroit Mayor Mike Duggan received $358,000 in city grants and benefited from a fundraising campaign that a top city official spearheaded at the mayor’s direction. An email request shows Duggan ordered the city’s chief development officer to raise money for Make Your Date, which is a nonprofit medical organization where Dr. Sonia Hassan serves as president and director. Hassan was seen last year arriving after hours at the same suburban residence as Duggan in a surveillance video taken by a private investigator. The city’s financial support, attempted fundraising campaign, and Duggan’s repeated promotion of Make Your Date raises ethics questions about whether the mayor used city resources to benefit Hassan’s program.

Mississippi: Other States Ban Gifts to Lawmakers. Why Doesn’t Mississippi?
Jackson Clarion-Ledger – Luke Ramseth and Geoff Pender | Published: 4/9/2019

There are no restrictions on gifts from lobbyists to Mississippi lawmakers. A newspaper’s investigation found the state’s public universities alone spent hundreds of thousands of dollars on gifts for public officials from 2015 to 2018, including more than $200,000 in free sports tickets. In the 1990s, the Legislature passed a bill that required lobbyists and their clients to regularly report expenditures to the secretary of state. The reporting requirements caused lobbyists to “reign in” their spending some, said former legislator John Reeves, but it remains hard to tell if reporting now is honest and accurate. It not clear whether anyone in state government keeps a close eye on the lobbyist reports. Some contain errors, and most provide only vague details about what gifts were purchased.

Missouri: Appeals Court Upholds Joyce Ruling – Corporations Can Create PACs, but Not Donate Directly to Them
Jefferson City News Tribune – Bob Watson | Published: 4/10/2019

Missouri corporations may not make direct contributions to their own PACs, a three-judge panel of the state’s Western District appeals court ruled. The decision upheld a similar ruling by Cole County Presiding Circuit Court Judge Pat Joyce in the Missouri Chamber of Commerce and Industry’s lawsuit against the state Ethics Commission. That lawsuit challenged the commission’s interpretation of voters’ intent, after more than two-thirds of the people who voted in November 2016 added the “Missouri Campaign Contribution Reform Initiative” to the state constitution.

New Hampshire: In Votes at N.H. State House, Lawmakers’ Personal and Public Interests Often Overlap
New Hampshire Public Radio – Casey McDermott | Published: 4/9/2019

New Hampshire lawmakers are paid $100 a year, so it is no surprise that many of them rely on other sources of income to get by. As a result, state lawmakers end up dealing with all kinds of proposals that can directly impact their family finances, the taxes they pay, the companies where they work, or the boards on which they serve. In policing these potential conflicts of interest, New Hampshire’s ethics rules tend to favor disclosure over recusal – which means that, with few exemptions, lawmakers are allowed to vote on or even sponsor legislation that has a clear benefit to their personal interests.

New York: To Get Trump’s Tax Returns, N.Y. Democrats Try a New Strategy
MSN – Jesse McKinley (New York Times) | Published: 4/8/2019

New York lawmakers introduced legislation that would make President Trump’s state income tax returns public, the latest step in a battle over details Trump has refused to release. Backers see the bill as an alternative way to Trump’s tax records, even if the president’s allies manage to stonewall efforts in the U.S. House to get his federal returns. A tax return from New York, the president’s home state and the headquarters of his business empire, could likely contain much of the same financial information as a federal return. Under the bill, the commissioner of the New York Department of Taxation and Finance would be permitted to release any state tax return requested by leaders of three congressional committees for any “specific and legitimate legislative purpose.”

Rhode Island: Rhode Island Reaches Lobbying Disclosure Agreement with Mastercard
Pensions and Investments – Hazel Bradford | Published: 4/4/2019

Mastercard Inc. reached a shareholder agreement with Rhode Island Treasurer Seth Magaziner to increase its disclosure of corporate lobbying expenses. Inadequate lobbying disclosure by publicly traded companies presents reputational risks, Magaziner said, particularly in recent cases where large companies have upset customers, investors, and other stakeholders by supporting controversial causes. Mastercard will publish an annual list of its lobbying priorities and amounts spent on lobbying and an annual list of U.S.-based trade associations receiving $25,000. It will also disclose the percentage of those payments used for lobbying and ask the trade associations for that information.

Washington: A Washington State Senator Praised the Cambodian Government Last Year. Then It Gave Him a $500,000 Lobbying Contract.
Seattle Times – Jim Brunner and Joseph O’Sullivan | Published: 4/5/2019

A company created by Washington Sen. Doug Ericksen landed a $500,000 lobbying contract from the Cambodian government he praised last year during a controversial visit as an election observer. Ericksen registered as a foreign agent for Cambodia in a recent filing with the U.S. Justice Department, along with former state Rep. Jay Rodne. Ericksen said his arrangement is “100 percent legal,” noting state legislators serve part time and are expected to have outside jobs. He also disputed characterizations of the deal as a lobbying contract, saying he is acting as a consultant. Neither Ericksen nor Rodne disclosed their ownership of PacRim Bridges in 2018 statements filed with the state Public Disclosure Commission. Ericksen said they did not have to list the business because he was not yet making money from it.

Wyoming: Wyoming’s Campaign Finance Reforms Leave Several Holes for Dark Money Influence
Casper Star Tribune – Nick Reynolds | Published: 4/5/2019

Campaign finance experts say the reforms passed by the Wyoming Legislature this year leave a number of gaps that could potentially be exploited by so-called dark money groups in the 2020 elections. While sponsors acknowledged Senate File 18 was not a perfect bill, it does make a number of changes to a system that, in the 2018 cycle, was exploited by multiple PACs of often mysterious origins. Some of these fixes include improving the reporting of late political activity, requiring PACs formed outside of Wyoming to disclose their activity, and defining “electioneering communications.”

Campaign Finance

California: Amid FBI Probe of LA City Hall, Council Committee Looks at Developer Donation Ban by Craig Clough for Los Angeles Daily News

Missouri: Appeals Court Upholds Joyce Ruling – Corporations Can Create PACs, but Not Donate Directly to Them by Bob Watson for Jefferson City News Tribune

New Mexico: New Mexico Legislators Took in $16,000 Before and During Session Due to Loophole by Andrew Oxford for Santa Fe New Mexican

Ethics

Kentucky: A Key Player in Deciding the Value of Matt Bevin’s Home Was Appointed by … Bevin by Tom Loftus for Louisville Courier-Journal

New Hampshire: In Votes at N.H. State House, Lawmakers’ Personal and Public Interests Often Overlap by Casey McDermott for New Hampshire Public Radio

Lobbying

National: Scant Staffing Means Few Monitoring Whether Lobbyists Obey Law by Megan Wilson for Bloomberg Government

Alabama: Ward: Bill allowing lobbyist gifts to lobbyists ‘dead’ in his committee by Brian Lyman for Montgomery Advertiser

Colorado: House Gives Nod to Lobbyist Disclosure Bill by Charles Ashby for Grand Junction Daily Sentinel

Mississippi: Other States Ban Gifts to Lawmakers. Why Doesn’t Mississippi? By Luke Ramseth and Geoff Pender for Jackson Clarion-Ledger

Tennessee: Nashville Government Lobbyists Also Support Pro-Voucher Group, Councilman Calls It ‘Ridiculous’ by Adam Tamburin for The Tennessean

Missouri corporations may not make direct contributions to their own PACs, the Court of Appeals for the Western District affirmed on April 9.

The appeals court ruling upheld a similar 2018 finding in the Missouri Chamber of Commerce and Industry’s lawsuit against the Missouri Ethics Commission.

There, the chamber challenged two of the commission’s ethics opinions that prohibited corporations from contributing directly to the PACs they form.

The Cole County Circuit Court issued a judgment in favor of the commission, determining corporations that serve as connected organizations cannot contribute corporate funds to their connected PACs.

Campaign Finance

National: “Democrats Are Cozying Up to Corporate Lobbyists Despite Purity Pledges” by Theodoric Meyer for Politico

Arkansas: “Suit Challenges State’s Limit on Campaign-Donation Time” by Linda Satter for Arkansas Democrat-Gazette

Maryland: “Anne Arundel Gets Green Light for Local Campaign Finance Reform” by Chase Cook for Capital Gazette

Missouri: “Feds Want Records Related to Big Stenger Contributors” by Jeremy Kohler for St. Louis Post-Dispatch

Washington: “Tim Eyman Loses in Court, Faces Possible Lifetime Ban on Managing Political Finances” by David Gutman for Seattle Times

Ethics

Arizona: “Lawmaker Who Sells Fireworks Says It’s ‘Goofy’ to Pan Him for Sponsoring Fireworks Bill” by Howard Fischer (Capitol News Services) for Arizona Capitol Times

Indiana: “House Ethics Committee Dismisses Complaint Against Speaker Bosma Due to Lack of ‘Reasonable Cause’” by Kaitlin Lange and Arika Herron for Indianapolis Star

New York: “To Get Trump’s Tax Returns, N.Y. Democrats Try a New Strategy” by Jesse McKinley (New York Times) for MSN

Campaign Finance

Wyoming: “Wyoming’s Campaign Finance Reforms Leave Several Holes for Dark Money Influence” by Nick Reynolds for Casper Star Tribune

Ethics

New York: “No Jail Time for Ex-Cuomo Confidant Todd Howe in Corruption Case” by Robert Gavin for Albany Times Union

Lobbying

National: “Thanks to Mueller, Foreign Agents Come Under Greater Scrutiny” by Kate Ackley for Roll Call

Alabama: “Ethics Bill Would Remove Limits on Lobbyist Gifts to Officials” by Brian Lyman for Montgomery Advertiser

California: “To Block California Soda Taxes, Companies Paid for ‘Black Panther’ Tickets, Fancy Dinners” by Samantha Young (California Healthline) for Los Angeles Times

Florida: “How the FBI Got a Flashy Lobbyist to Wear a Wire to Bring Down a Mayor” by Susannah Bryan for South Florida Sun Sentinel

North Carolina: “Request for More ‘Flexible’ Regulations Followed Lindberg Donations” by Travis Fain for WRAL

Washington: “A Washington State Senator Praised the Cambodian Government Last Year. Then It Gave Him a $500,000 Lobbying Contract.” by Jim Brunner and Joseph O’Sullivan for Seattle Times

The North Carolina House has introduced two bills to reform campaign finance.

House Bill 512 submits a referendum to voters urging Congress to pass an amendment to the Constitution of the United States declaring that constitutional rights belong to individuals and not corporations or entities.

The referendum also states that unlimited spending of money on political campaign contributions is not constitutionally protected free speech.

House Bill 510 requires primary elections of Supreme Court, court of appeals, superior, and district court judges to be nonpartisan judicial elections.

The bill also establishes the North Carolina Public Campaign Fund as an alternative source of campaign financing for candidates that demonstrate public support and voluntarily accept strict fund raising and spending.

The fund will be a special, dedicated, non-lapsing, non-reverting fund that participating candidates can use to receive campaign funds.

However, candidates will have higher restrictions on how much money they can receive in contributions and how much they can expend on their campaign.

If passed, House Bill 510 will become effective January 1, 2020.

Campaign Finance

National: “Courts Have No Say When FEC Wants to Ignore Alleged Wrongdoing” by Kenneth Doyle for Bloomberg Government

Ethics

California: “As Power of California Senate Leader Grows, So Does Her Spouse’s Consulting Business” by Liam Dillon for Los Angeles Times

Maryland: “Baltimore Board of Ethics to Investigate Mayor Pugh’s Sales of ‘Healthy Holly’ Books” by Doug Donovan and Meredith Cohen for Baltimore Sun

Michigan: “Mayor Mike Duggan Set Her Up to Succeed. That Raises Questions.” by Joe Guillen and Kat Stafford for Detroit Free Press

Legislative Issues

National: “You Elected Them to Write New Laws. They’re Letting Corporations Do It Instead.” by Rob O’Dell (Arizona Republic) and Mark Penzenstadler for USA Today

Lobbying

Alabama: “House Approves Permanent Economic Developer Lobbying Exemption” by Brian Lyman for Montgomery Advertiser

Illinois: “Court: Illinois union lobbyist can keep public pension windfall he got for one day of substitute teaching” by Ray Long for Chicago Tribune

Rhode Island: “Rhode Island Reaches Lobbying Disclosure Agreement with Mastercard” by Hazel Bradford for Pensions and Investments

Senate Bill 3, relating to the Campaign Reporting Act, was signed by Gov. Michelle Lujan Grisham on Thursday, April 4, 2019.

The bill amends several provisions of campaign finance law, including definitions related to elections cycles, penalties for violating campaign finance law, and independent expenditure reporting.

The bill also requires a person making an independent expenditure in an amount exceeding $1,000 in non-statewide elections and $3,000 in statewide elections to file a report with the secretary of state within specified time periods.

The report must include the name and address of the person who made the independent expenditure, the name and address of the person to whom the independent expenditure was made, the amount, date and purposes of the independent expenditure, and the source of the contributions used to make the independent contribution.

Additionally, contributions to most candidates and political committees will be limited to $5,000 per election cycle unless those contributions are from a candidate’s own personal funds or made to a political committee and used only to make independent expenditures.

Contributions to gubernatorial candidates will be limited to two times the contribution limit during a primary or a general election cycle.

The bill will become effective on July 1, 2019.

Gov. Brad Little signed Senate Bill 1113 on April 3, amending state campaign finance law, effective January 1, 2020.

The bill revises the definitions of candidate, election, electioneering communication, political committee, and public office.

Senate Bill 1113 raises the registration threshold for political committees from $500 to $1000 while providing for a special provision for local elections and measures.

The bill requires candidates and political committees to file statements on a monthly basis during election years and annually during non-election years.

Senate Bill 1113 also amends late filing fees to accrue 48 hours after the deadline and requires the secretary of state or county clerk to notify the person within 24 hours of the missed filing deadline.

Last week, Gov. Gary Herbert signed six bills amending the state’s campaign finance laws.

Updates include amended registration and reporting requirements for political action committees (PACs) and political issues committees (PICs).

Additionally, updates modify provisions relating to the statement of organization and naming requirements of a PAC.

Other changes include a provision banning PICs from contributing to PACs and clarifications on how to dissolve a PAC.

Regarding electioneering communications, House Bill 319 requires a person making an expenditure for certain advertisements relating to a ballot proposition to disclose the person’s identity in the advertisement.

All bills take effect on May 13, 2019.

The Georgia General Assembly adjourned sine die on April 2. Lawmakers passed Senate Bill 213, relating to campaign contributions and disclosure reports.

The bill amended reporting dates for a nonelection year to June 30 and December 31 for elected state officials, county officials, members of a local board of education, and elected municipal officers.

Senate Bill 213 also moved the March election year report to April 30.

Under the bill, any person required to register and report campaign contributions must file a December 31 campaign contribution disclosure report regardless of whether the candidate they are supporting has a report due.

If signed by the governor, the bill becomes effective July 1.

The statutory requirement to file semimonthly reports when the Legislature is in session will end with the report due April 15.

Monthly activity reporting for state level lobbyists will resume on May 5.