Before I can make a political contribution using my own funds, my employer requires that I obtain permission first.  Can my employer legally do this?

Yes, employers may require employees to seek preapproval before making personal political contributions. Not only can your employer require this, it’s smart business to do so. Employers may even require preapproval from family members of employees.

This preapproval requirement has evolved as a result of the increased number of jurisdictions enacting pay-to-play laws. A seemingly innocuous contribution by an employee could result in the loss of government contracts, fines, and a ban on future contracting. Criminal sanctions may apply when repeated violations occur. By requiring pre-approval, your employer can properly vet the contribution for compliance with a jurisdiction’s pay-to-play law, including disclosure requirements.

In a majority of jurisdictions, employees covered by pay-to-play laws include officers, partners, directors, senior management, salespersons, and their spouses and dependent children. In Pennsylvania and Kentucky, all employees are covered in the instance of a no-bid contract.

Requiring preclearance of employee personal political contributions is certainly more preferable than imposing a ban on employee contributions, which could result in a violation of applicable labor laws. Various jurisdictions bar employers from retaliating against employees for engaging in political activities, which can include everything from participating in a political rally to making campaign contributions. Even though an employer can require preapproval, an employer cannot directly or indirectly affect an individual’s employment by means of discrimination or threat of discrimination based on the individual’s personal political contributions.

Don’t miss Nola’s October 2022 LobbyComply Pod episode for more information on this important issue.

Campaign Finance

Canada: “B.C. Closes ‘Loophole’ in Municipal Campaign Finance Laws” by Frances Bula for Globe and Mail

National: “Meet the Little-Known ‘Big Fish’ Megadonor Setting the Tone for GOP Primary Races” by Michelle Ye Hee Lee and Michael Scherer for Northwest Herald

Pennsylvania: “Contractor’s Political Contribution Returned Due to Lehigh County Pay-to-Play Law” by Tom Shortell for Allentown Morning Call

Ethics

National: “With Congress Stalled on Sexual Harassment Legislation, Lawmakers Can Escape Sanctions by Quitting” by Deidre Shesgreen for USA Today

Ohio: “Former Councilman Joe Cimperman Agrees to Plead Guilty to Ethics Charges, Pay Fine” by Corey Shaffer for Cleveland Plain Dealer

South Carolina: “South Carolina Lawmakers Getting Help on Following State Ethics Laws” by Seanna Adcox (Associated Press) for Charleston Post and Courier

Legislative Issues

Minnesota: “Allegations Against Minnesota Rep. Rod Hamilton Pose Big Test for New House Sexual Harassment Policy” by Brianna Bierschbach for Minnesota Post

Lobbying

National: “EPA Watchdog Opens Probe of Scott Pruitt’s $50 Condo Rental” by Jennifer Dhouly for Bloomberg.com

Texas: “Committee Fails to Endorse Lobbying Rules Changes” by Jo Clifton for Austin Monitor

Campaign Finance

National: Did Diamond and Silk Commit Perjury? Or Is Campaign-Finance Language Often Confusing? by Philip Bump for Washington Post

California: Hackers Stole His Campaign Cash, Sacramento Lawmaker Says by Taryn Luna for Sacramento Bee

North Carolina: Steak Dinners, Travel, HOA Fees: How some NC legislators spend campaign donors’ money by Will Doran and Lynn Bonner for Charlotte Observer

Ethics

National: Democratic Sen. Robert Menendez Is ‘Severely Admonished’ by Ethics Committee, Ordered to Repay Gifts by Mike DeBonis for Washington Post

Florida: Boca Raton Mayor Susan Haynie Hid $335,000, Charges Allege by Skyler Swisher and Tonya Alanez for South Florida Sun Sentinel

Michigan: Michigan Lawmakers Voted on Bills Even After Admitting Conflicts of Interest by Kristian Hernandez for Center for Public Integrity

Legislative Issues

Minnesota: Minnesota House Leaders Unveil Major Changes to Sexual Harassment Policy, but Updates Won’t Make Process Any More Open to Public by Brianna Bierschbach for Minnesota Post

Lobbying

National: Democrats See Their Stock Rise on K Street by Megan Wilson for The Hill

Canada: MPs Defend Taking Trips Paid by Lobbyists, Foreign Governments, but Some Say the Practice Needs Review by Samantha Wright Allen for Hill Times

National:

For Politicians Scraping Bottom, a Scarce Resource: Impeachment Lawyers
New York Times – Alan Blinder | Published: 4/22/2018

There are only a handful of lawyers who have helped shepherd governors and lawmakers through the trauma of a possible impeachment. Despite the high stake, the nation’s statehouse impeachment bar is made of up just a few battle-tested lawyers who have improvised legal strategies largely on history and hunches. An impeachment, lawyers who have worked on such proceedings around the country agree, is a political process imbued with law, where electoral rivalries and ambitions uncomfortably share the stage with talk of traditions and procedures. Ross Garber, after representing besieged governors in Alabama, Connecticut, and South Carolina, has arguably become the nation’s leading practitioner of a subspecialty whose relevance can be a barometer of political rancor.

Federal:

Lobbyist Whose Wife Rented to Pruitt Lobbied EPA Despite Denials
Politico – Theodoric Meyer and Eliana Johnson | Published: 4/20/2018

The lobbyist whose wife rented Environmental Protection Agency (EPA) Administrator Scott Pruitt a room in a Capitol Hill condominium for $50 a night helped arrange a meeting at the agency related to restoration of the Chesapeake Bay. Dennis Treacy, a former Smithfield Foods executive who now sits on the board of the Smithfield Foundation, first reached out to an official in EPA’s Office of Intergovernmental Relations to arrange the session as part of his role as the Chesapeake Bay Commission’s citizen representative. Subsequently, Williams & Jensen Chairperson J. Steven Hart – whose wife was then renting a room to Pruitt – called the administrator’s aides to encourage them to take the meeting.  Hart has said he is resigning from the firm over the matter.

Mulvaney Backlash May Drive Political Money Changes
Roll Call – Kate Ackley | Published: 4/26/2018

Mick Mulvaney, the White House budget chief and interim director of the Consumer Financial Protection Bureau, told banking executives that as a member of Congress he always met with constituents, but never out-of-town lobbyists unless they gave him campaign money – part of an exhortation to the bankers to push their agenda on Capitol Hill. “If you’re a lobbyist who never gave us money, I didn’t talk to you; if you’re a lobbyist who gave us money, I might talk to you,” Mulvaney said at an American Bankers Association conference. Campaign finance watchdogs and their allied lawmakers are seizing on the dustup to advance both long-shot legislative changes as well as voluntary ones, such as lawmakers refusing donations from PACs or registered lobbyists.

From the States and Municipalities:

California: O.C. Anti-Corruption Task Force Collapsed Amid Infighting Between Federal and Local Investigators
Los Angeles Times – Adam Elmahrek and Richard Winton | Published: 4/17/2018

In the wake of a grand jury report declaring that misconduct was “actively festering” in local government, Orange County created a corruption task force. But nearly four years after it began, the operation quietly fell apart last year amid conflicts between local and federal investigators who had little to show for their work together, according to a Los Angeles Times investigation. Sources said federal agents harbored suspicions about supervisors in the district attorney’s office seeking information about separate FBI corruption probes. And officials clashed over separate inquiries into the mayor of Santa Ana. The end of the task force marks the latest setback in a county where attempts to target corruption have often run into apathy or outright resistance from political leaders.

Colorado: U.S. Rep. Doug Lamborn Should Be Kept Off the 2018 Ballot, Colorado Supreme Court Rules
Denver Post – Jesse Paul, Mark Matthews, and John Frank | Published: 4/23/2018

The Colorado Supreme Court ruled U.S. Rep. Doug Lamborn cannot appear on the ballot in the 2018 Republican primary. The justices said Ryan Tipple, one of the petitioners Lamborn hired to collect the required signatures to qualify, was not a bona fide resident of Colorado, which is required by election law, making the signatures invalid. “We recognize the gravity of this conclusion, but Colorado law does not permit us to conclude otherwise,” the court said. Lamborn’s campaign indicated he would challenge the ruling in federal court.

Maryland: Baltimore City Council Bill Would Tighten Restrictions on Lobbyists, Require Forms Go Online
Baltimore Sun – Luke Broadwater | Published: 4/23/2018

Baltimore City Councilperson Zeke Cohen introduced a bill that would tighten restrictions on lobbyists. The Transparency in Lobbying Act would require lobbyists to identify who they are to city government officials and file quarterly disclosure reports. It also would require the ethics board to post the disclosure reports online within 30 days of their filing and consider a three-year ban for lobbyists who violate the law. Cohen said he has experienced frustration trying to figure out whom the lobbyists approaching him represent.

Michigan: Trash Titan Chuck Rizzo Gets 5½ Years: ‘I’ve let many people down’
Detroit Free Press – Tresa Baldas | Published: 4/23/2018

Fallen trash mogul Chuck Rizzo will spend 66 months in prison for bribing politicians and stealing money from the garbage-hauling firm he built into a regional powerhouse. Rizzo is one of the central figures in a widespread corruption scandal that ensnared Macomb County politicians, fellow businessperson Gasper Fiore, and Detroit police officers. Prosecutors said Rizzo bribed public officials in at least four communities to win lucrative contracts and embezzled $900,000 from his company and investors to line his own pockets.

Missouri: Greitens Charged with Second Felony After AG Investigation into Veterans Charity
Kansas City Star – Jason Hancock, Allison Kite, and Bryan Lowry | Published: 4/20/2018

Missouri Gov. Eric Greitens was indicted for illegally obtaining a donor list from a veterans charity he founded and using it to raise money for his 2016 campaign, a new blow to Greitens in a deepening political and sex scandal that has threatened his grip on the governor’s office. He was charged with one felony count of tampering with computer data in connection with the donor list. The charge dates back to actions prosecutors say took place in April 2015, when Greitens, a former Navy SEAL, was running for governor and serving on the board of directors for The Mission Continues. According to the charging document, Greitens directed an employee of the charity to take a list of donors from The Missouri Continues.

New Jersey: Video Shows Port Authority Commissioner Telling Cops: ‘You may shut the f— up!’
Newark Star-Ledger – Ted Sherman (NJ Advance Media) | Published: 4/24/2018

A Port Authority of New York and New Jersey commissioner who abruptly resigned had been caught on camera delivering an expletive-laced tirade to police officers during a traffic stop. The Tenafly Police Department released the video showing Caren Turner attempting to leverage her influence, talking about who she knew, and complaining the police had “ruined” a holiday weekend with the stop of her daughter and three friends. The video also shows her becoming increasingly agitated with the responding officers and shouting an expletive at them. Turner resigned after the authority learned of the incident. She had chaired the agency’s ethics committee.

New York: Former de Blasio Fundraiser Facing Criminal Charges for Straw Donations in 2013 Mayoral Election
New York Daily News – Molly Newman, Shayna Jacobs, and James Fanelli | Published: 4/19/2018

Thirteen suspects and nine companies, including a major donor to New York City Mayor Bill de Blaio, were accused of rigging public works contracts and abusing the campaign finance system. Husam Ahmad, the founder of construction firm HAKS, was one of several figures linked to the company accused of paying off a Department of Environmental Protection employee to gain unfair access to information about city water system projects. Ahmad was a major contributor and fundraiser for de Blasio’s 2013 campaign and was in turn appointed to the board of the Mayor’s Fund to Advance New York City.

New York: JCOPE Passes Sweeping New Lobbying Regulations
Albany Times Union – Chris Bragg | Published: 4/24/2018

The New York Joint Commission on Public Ethics (JCOPE) approved new rules that overhaul the state’s lobbying law. A major provision will create more disclosure around so-called grassroots lobbying in which well-funded interest groups seek to sway public and elected official opinions through campaign-style efforts. The rules also include an explicit requirement that lobbyists disclose the names of the lawmakers they attempt to influence. The regulations, however, face possible legal action. David Grandeau, the state’s former top lobbying official, said the Legislature never passed a law authorizing JCOPE to broadly reinterpret New York’s lobbying rules.

Ohio: How One GOP Heiress Influenced the Ohio House – and Its Leader’s Demise
Cincinnati Enquirer – Jessie Balmert | Published: 4/23/2018

Cliff Rosenberger was just 33 years old in 2014, when he was chosen to replace Ohio Speaker Bill Batchelder. Rosenberger did not have years of policy experience or a political pedigree, but he did have wealthy Republican donor Virginia Ragan’s money and Batchelder’s support. Ragan’s bankroll helped construct the Republican-controlled Ohio House that Rosenberger built. In the end, Ragan’s money also helped to destroy Rosenberger’s political career. The FBI is investigating Rosenberger’s many trips as a lawmaker and his lavish lifestyle generally, including a condominium he rented from Ragan.

Ohio: Questions Raised About Campaign Contributions and Influence at Columbus City
Columbus Dispatch – Doug Caruso and Rick Rouan | Published: 4/22/2018

Real-estate developers, unions, and some wealthy individuals who do business with the city contributed millions of dollars to the campaigns of elected officials in Columbus. City officials raised about $8.4 million from nearly 5,000 donors disclosed on reports filed from mid-2014 through 2017, but more than 60 percent of that money came from less than four percent of the contributors, according to an analysis. These large donations have prompted critics to question what influence that money leverages in City Hall. Many of the largest donors lobby for zoning changes and compete for contracts. They negotiate with the city on union deals or seek tax incentives. More than half of the 20 largest contributors are developers or linked to companies with business interests throughout the city.

Washington: Washington’s Lottery Deputy Director Ousted After Ethics Investigation
Seattle Times – Rachel LaCorte (Associated Press) | Published: 4/20/2018

Jim Warick, deputy director of Washington’s Lottery, was fired following an investigation into ethics complaints that found he and other lottery employees accepted drinks and food from a vendor who had a contract with the agency, and several employees likely got free hotel rooms during a work trip that coincided with the South by Southwest festival in Austin, Texas. Both state law and the Lottery’s own code of ethics prohibit using their positions to secure special privileges or to accept most gifts. Lottery employees fall under a section of the law that subjects them to greater restrictions than other state employees, and under an ethics advisory opinion, those employees may not accept food when a vendor sponsors a presentation.

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: “Watchdog Sues Paul Ryan-Aligned Dark Money Group” by Maggie Severns for Poltico

Ohio: “Lack of Campaign Fundraising Caps, Tracking Issues at City Hall Raise Concerns” by Doug Caruso and Rick Rouan for Columbus Dispatch

Rhode Island: “Mattiello Is Ordered to Repay $72K to Leadership PAC” by Katherine Gregg for Providence Journal

Tennessee: “Tennessee Lawmakers Still ‘Double-Dipping’ After Warning from Campaign Finance Official” by Joel Ebert for The Tennessean

Wisconsin: “Want to Give Digital Currency to a Political Campaign? State Ethics Panel Mulls If and How” by Mark Sommerhauser for Wisconsin State Journal

Ethics

National: “Mulvaney, Watchdog Bureau’s Leader, Advises Bankers on Ways to Curtail Agency” by Glenn Thrush for New York Times

New Jersey: “Video Shows Port Authority Commissioner Telling Cops: ‘You may shut the f— up!’” by Ted Sherman (NJ Advance Media) for Newark Star-Ledger

Lobbying

National: “Skadden Lawyer Craig Leaves Firm After Inquiry on Ukraine Report” by Greg Farrell for Bloomberg.com

Kentucky: “Metro Council Member Doubles as Lobbyist in Frankfort” by Joe Sonka for Insider Louisville

Redistricting

National: “Supreme Court Hears Arguments on Texas Redistricting” by Rafael Bernal for The Hill

Campaign Finance

National: “If a Parent’s Day Job Is Running for Congress, Can the Campaign Pay for Child Care?” by Danielle Kurtz for Minnesota Public Radio

Maryland: “Baltimore City Council to Consider Public Financing of City Elections” by Ian Duncan for Baltimore Sun

Montana: “Former State Legislator Finally Pays $70K Fine for Campaign Finance Violations” by Ed Kemmick for Missoula Current

Ohio: “How One GOP Heiress Influenced the Ohio House – and Its Leader’s Demise” by Jessie Balmert for Cincinnati Enquirer

South Dakota: “A 6-Year-Old Gave $1,000 to Paul TenHaken – and It’s Legal” by Joe Sneve for Sioux Falls Argus Leader

Elections

National: “U.S. Rep. Doug Lamborn Should Be Kept Off the 2018 Ballot, Colorado Supreme Court Rules” by Jesse Paul, Mark Matthews, and John Frank for Denver Post

Ethics

California: “O.C. Anti-Corruption Task Force Collapsed Amid Infighting Between Federal and Local Investigators” by Adam Elmahrak and Richard Winton for Los Angeles Times

Michigan: “Trash Titan Chuck Rizzo Gets 5½ Years: ‘I’ve let many people down’” by Tresa Baldas for Detroit Free Press

Lobbying

National: “Protesters Target NRA Lobbyist’s Home and Wife’s Business” by Rachel Weiner for Washington Post

New York: “JCOPE Passes Sweeping New Lobbying Regulations” by Chris Bragg for Albany Times

Campaign Finance

Missouri: “Greitens Charged with Second Felony After AG Investigation into Veterans Charity” by Jason Hancock, Allison Kite, and Bryan Lowry for Kansas City Star

Ohio: “Questions Raised About Campaign Contributions and Influence at Columbus City Hall” by Doug Caruso and Rick Rouan for Columbus Dispatch

Pennsylvania: “Philadelphia Tries Again on Campaign Finance Reforms” by Ryan Briggs for City & State Pennsylvania

Elections

National: “Democratic Party Sues Russia, Trump Campaign and WikiLeaks Alleging 2016 Campaign Conspiracy” by Tom Hamburger, Rosalind Helderman, and Ellen Nakashima for Washington Post

New Mexico: “Past Gubernatorial Candidate Insists He Wasn’t Paid to Leave Race” by Dan McKay for Albuquerque Journal

Ethics

National: “For Politicians Scraping Bottom, a Scarce Resource: Impeachment Lawyers” by Alan Blinder for New York Times

Washington: “Washington’s Lottery Deputy Director Ousted After Ethics Investigation” by Rachel LaCorte (Associated Press) for Seattle Times

Lobbying

National: “Lobbyist Whose Wife Rented to Pruitt Lobbied EPA Despite Denials” by Theodoric Meyer and Eliana Johnson for Politico

Canada: “Facebook Agrees to Join Federal Lobbyist Registry” by Bill Curry for The Globe and Mail

Maryland: “Baltimore City Council Bill Would Tighten Restrictions on Lobbyists, Require Forms Go Online” by Luke Broadwater for Baltimore Sun

Campaign Finance

National: Pruitt’s Capitol Hill Condo Fallout Hits a Republican Senator by Ari Natter for Bloomberg.com

Elections

National: Manafort Suspected as ‘Back Channel’ to Russia, U.S. Says by David Voreacos for Bloomberg.com

Ethics

National: EPA Inspector General to Probe Pruitt’s Use of Security Detail on Personal Trips by Brady Dennis for Washington Post

Michigan: Ex-Detroit Deputy Police Chief Celia Washington Gets 1 Year in Prison for Bribery by Tresa Baldas for Detroit Free Press

Missouri: Judge Refuses to Dismiss Criminal Case Against Greitens by Robert Patrick and Joel Currier for St. Louis Post-Dispatch

New York: Former de Blasio Fundraiser Facing Criminal Charges for Straw Donations in 2013 Mayoral Election by Molly Newman, Shayna Jacobs, and James Fanelli for New York Daily News

Lobbying

Canada: Democracy Watch to File Lobbying Complaint About Facebook Exec by Beatrice Britneff for iPolitics.ca

Florida: Citizens Decry City of Tallahassee’s In-House Football Ticket Probe as a ‘Whitewash’ by Jeff Burlew for Tallahassee Democrat

Federal:

Patrick Kennedy Profits from Opioid-Addiction Firms
Politico – Adam Cancryn | Published: 4/17/2018

Patrick Kennedy, who stepped down from Congress amid his battles with addiction and mental illness, is a high-profile mental health advocate who sat on President Trump’s opioid commission. At the same time, he has served as chief executive officer of the Kennedy Forum, which is funded in part by major drug makers and addiction-treatment companies. He received more than $1.1 million from the organization between 2014 and 2016. Kennedy also sits on the boards of eight corporations invested in Washington’s response to the opioid crisis, from which he collects director fees and holds an equity stake in the firms. The many entanglements make Kennedy a one-man nexus of government, private-sector, and patient-advocacy work. Despite his extensive advocacy work, Kennedy said he has not registered as a lobbyist because his activities do not meet the legal specifications of lobbying.

From the States and Municipalities:

Arizona: Woman at Center of Phoenix Lobbyist Forgery Scandal Convicted, Sentenced
Arizona Republic – Dustin Gardner and Rick O’Dell | Published: 4/13/2018

Beth Briggs, a legal assistant with the firm Burch & Cracchiolo, pleaded guilty to filing fraudulent lobbying documents with the city of Phoenix. She must pay a $1,000 fine and complete 200 hours of community service. Investigators said Briggs falsely backdated documents, forged a former attorney’s signature, and signed an affidavit falsely claiming she had mailed the forms. The forged documents made it appear as if Burch & Cracchiolo had complied with an ordinance that requires lobbyists at regular intervals to register, list their clients, and disclose contributions or gifts to elected officials. The firm, however, had not filed the required forms for about two years, even as one of its top attorneys lobbied the city.

Florida: Fernandez Gave Football Tickets to City Officials; Investigation Finds ‘No Rule Violation’
Tallahassee Democrat – Jeff Burlew | Published: 4/16/2018

Two high-ranking city officials accepted Florida State University football tickets in 2016 from former Tallahassee City Manager Rick Fernandez, who was ousted this year for accepting football tickets from a local lobbying firm under FBI scrutiny. The city, in an internal inquiry, determined the employees did not violate Florida law by accepting the tickets or not reporting them as gifts because they did not exceed a $100 threshold. However, the city found, had the tickets cost a penny more, they would have exceeded the statutory threshold.

Florida: Stymied in Effort to Fill Empty Seats, North Miami Beach Commission Can’t Take a Vote
Miami Herald – Kyra Gurney | Published: 4/18/2018

A week after Mayor George Vallejo resigned and pleaded guilty to violating campaign finance laws, North Miami Beach scrambled to fill a vacancy on the city commission so the elected body had enough members to function. Only four of the commission’s seven seats were filled and it needed at least five members present to take any action. The city secured a last-minute order from a judge allowing recently ousted Commissioner Frantz Pierre to return for an emergency meeting so the commission could appoint a new member. Then, Commissioner Anthony DeFillipo announced he could not participate in the meeting. With that, the commissioner marched out of the meeting, leaving the panel where it started, one vote shy of the number needed to fill a vacant seat.

Illinois: Cook County Tax Officials Take Excess Campaign Donations from Appeals Firms, Ethics Panel Says
Chicago Tribune – Ray Long and Hal Dardick | Published: 4/13/2018

Records show Cook County officials who decide the outcome of property tax appeals accepted more than $500,000 in campaign donations from law firms and other businesses that help challenge tax bills, far more than permitted under a county ethics ordinance. Assessor Joseph Berrios and Board of Review members Larry Rogers Jr., Dan Patlak, and Michael Cabonargi were told to return about $440,000 of about $600,000 given by the law firms or other companies involved in the property tax appeals business. Hoping to prevent “pay-to-play,” the county board set caps on contributions from people or businesses that have “sought official action by the county within the preceding four years.” Donations are limited to $750 in a non-election year and $1,500 in an election year.

Iowa: Regulator: Iowa official won’t have to ID outside businesses
WRAL – Ryan Foley (Associated Press) | Published: 4/18/2018

Secretary of State Paul Pate will not be required to identify his private businesses in a conflict-of-interest disclosure form because other state officials have kept similar information secret without consequence, said Iowa Ethics and Campaign Disclosure Board Director Megan Tooker. Pate owns a strip mall and two rental storage businesses that he did not list on a recent ethics filing. As mandated by state law, the form asked Pate to identify “each business, occupation, or profession” in which he was engaged during 2017 and warned of criminal and civil penalties for failing to do so.

Kansas: Gov. Colyer Signs Sweeping Executive Branch Transparency Measure
Kansas City Star – Hunter Woodall | Published: 4/16/2018

Kansas Gov. Jeff Colyer signed a bill that will require people trying to influence an executive branch official on contracts to register as a lobbyist. “Senate Bill 394 will equalize the treatment of lobbying within all branches of state government,” Colyer said in a statement. An investigation last year by The Kansas City Star found the state has one of the most secretive governments in the nation.

Kansas: Kobach Helped Lead Trump’s Election Panel. A Judge Just Found Him in Contempt in a Voter ID Case
Denver Post – Eli Rosenberg (Washington Post) | Published: 4/18/2018

One of President Trump’s leading voter-fraud investigators was ruled in contempt of court for flouting a judge’s orders to ensure voters in his home state were not misled ahead of the 2016 general election. Kansas Secretary of State Kris Kobach, who was vice chairperson of the election integrity commission the the Trump administration disbanded, was cited by U.S. District Court Judge Julie Robinson for a “history of noncompliance and disrespect” for the court’s decisions. In 2016, Kobach lost a challenge to the Kansas Documentary Proof of Citizenship law. He then failed to comply with the court’s directive that he inform affected voters they would be deemed registered and qualified to vote, according to the ruling .

Massachusetts: Thornton Law Firm Didn’t Break State Campaign Finance Laws, Prosecutor Says
Boston Globe – Andrea Estes | Published: 4/18/2018

A probe of the Thornton Law Firm found “no conclusive evidence of a crime,” despite an initial review from Massachusetts regulators saying there may have been campaign finance violations, Essex District Attorney Jonathan Blodgett said. The Office of Campaign and Political Finance had asked Attorney General Maura Healey to investigate contributions from the firm’s partners and spouses. The agency raised questions over whether partners sought to disguise where the money came from and whether the contributions were with personal funds and were not paid or not reimbursed by the law firm. State law bans corporations from contributing to campaigns and prohibits a person from reimbursing someone else for a political donation.

Missouri: Hawley Says Probe into Greitens, Charity Indicates Potential Felony by Governor
Kansas City Star – Lindsay Wise (McClatchy), Jason Hancock, and Bryan Lowry | Published: 4/17/2018

Missouri Gov. Eric Greitens, already facing a felony charge related to an extramarital affair, could soon face another after the state’s attorney general cited evidence that suggests Greitens’ use of a charity donor list for political purposes may have broken state law. Attorney General Josh Hawley said an investigation by his office shows Greitens took computer data listing the top donors to The Mission Continues without the consent of the veterans’ charity he had founded and used it to raise money for his gubernatorial campaign. Hawley said he referred the matter to St. Louis Circuit Attorney Kim Gardner, who has jurisdiction to decide whether to charge Greitens with a crime. He also referred his findings to a special House committee that is considering whether to recommend impeachment proceedings against the governor.

Montana: Dark Money Group Pays $30K Fine for Breaking Montana Campaign Finance Law
Montana Current – John Adams (Montana Free Press) | Published: 4/14/2018

A political group has agreed to pay a $30,000 fine for violating Montana’s campaign finance laws in the 2012 elections. The Montana Growth Network claimed to be an incidental political committee that did not have the primary purpose of supporting or opposing candidates or ballot issues and therefore did not have to disclose its donors. The commissioner of political practices concluded the group should have registered as an independent political committee and reveal donors.

New York: Cuomo Touts Political Ad Transparency Law as Other Reforms
Gotham Gazette – Samar Khurshid | Published: 4/19/2018

New York Gov. Andrew Cuomo signed a bill that prohibits foreign entities from creating independent expenditure committees or buying political ads, requires anyone who purchases an online political ad to register as an independent expenditure committee, and requires online ads to include information about who paid for them, as is currently required of traditional media platforms. The state Board of Elections will also now create a public archive of those online ads and retain them for five years. The bill was a component of Cuomo’s larger Democracy Agenda that otherwise fell by the wayside during budget negotiations and seem unlikely to pass in the remaining months of the legislative session.

New York: New York Attorney General Seeks Power to Bypass Presidential Pardons
New York Times – Danny Hakim and William Rashbaum | Published: 4/18/2018

New York Attorney General Eric Schneiderman asked legislators to amend state law so prosecutors can charge individuals who have benefitted from a presidential pardon. Right now, New York law prevents people from being prosecuted more than once for crimes related to the same act, even if the original prosecution was in federal court. In explaining the need for the change, Schneiderman cited recent reports that President Trump may be considering pardons that could impede criminal investigations. Schneiderman argued that due to the current statute, a “strategically-timed pardon” could protect individuals who have violated New York laws.

Washington: Many of the State’s Powerful Lobbyists Work from One Olympia Neighborhood
The Olympian – Joseph O’Sullivan (Seattle Times) | Published: 4/16/2018

Nearly one-third of the 62 homes found immediately south of the Capitol in Olympia are owned or used by lobbyists, corporations, or unions, according to a review of public records. Those homes, some just across the street from the Capitol campus, are a physical manifestation of the close relationship between Washington’s nearly 800 registered lobbyists and the state’s elected officials. Last year, seven of the state’s 10 highest-earning lobbying firms had a presence in the neighborhood. Some lobbyists say they use their Olympia homes only for sleep or light work before and after the long days of the legislative session. With sessions in recent years lasting between two and seven months, the homes can remain vacant for long stretches in between.

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

Canada: “B.C. Ponders More Changes to Election-Financing Rules” by Matt Robinson for Vancouver Sun

Ethics

Florida: “Fernandez Gave Football Tickets to City Officials; Investigation Finds ‘No Rule Violation’” by Jeff Burlew for Tallahassee Democrat

Georgia: “Former Atlanta Mayor Named in Federal Subpoena” by Dale Russell for WAGA

Iowa: “Iowa Elections Official Did Not Disclose Side Business” by Ryan Foley (Associated Press) for Daily Nonpareil

Missouri: “Missouri Ethics Nominees: No promises made to Greitens” by Blake Nelson (Associated Press) for Columbia Missourian

New Mexico: “Financial Disclosures Tripping Up New Mexico Legislators” by Andrew Oxford (Santa Fe New Mexican) for Las Cruces Sun-News

New York: “New York Attorney General Seeks Power to Bypass Presidential Pardons” by Danny Hakim and William Rashbaum for New York Times

Lobbying

National: “Patrick Kennedy Profits from Opioid-Addiction Firms” by Adam Cancryn for Politico

Procurement

Maryland: “Hogan Administration Delays Consideration of Fast-Tracked Transportation Contract” by Michael Laris for Washington Post

Campaign Finance

Indiana: Indiana GOP Locked Senate Candidate Todd Rokita Out of Donor Database Over Likely Ethics Violation by Brian Slodysko (Associated Press) for Indianapolis Star

Missouri: Hawley Says Probe into Greitens, Charity Indicates Potential Felony by Governor by Lindsay Wise (McClatchy), Jason Hancock, and Bryan Lowry for Kansas City Star

Montana: Dark Money Group Pays $30K Fine for Breaking Montana Campaign Finance Law by John Adams (Montana Free Press) for Montana Current

Ethics

National: Watchdog: EPA broke law building Pruitt’s secure phone booth by Alex Guillén and Anthony Adragna for Politico

Arizona: Don Shooter Seeks $1.3 Million from House Speaker, Ducey’s Chief of Staff Following Removal by Yvonne Wingett Sanchez and Dustin Gardner for Arizona Republic

Illinois: U.S. Supreme Court Again Rejects Hearing Rod Blagojevich’s Appeal by Jason Meisner for Chicago Tribune

Lobbying

Florida: Proposal on November Ballot Would Toughen Lobbying Rules by Lloyd Dunkelberger (News Service of Florida) for Bradenton Herald

Kansas: Gov. Colyer Signs Sweeping Executive Branch Transparency Measure by Hunter Woodall for Kansas City Star

Campaign Finance

Illinois: “Cook County Tax Officials Take Excess Campaign Donations from Appeals Firms, Ethics Panel Says” by Ray Long and Hal Dardick for Chicago Tribune

Elections

National: “Sources: Mueller has evidence Cohen was in Prague in 2016, confirming part of dossier” by Peter Stone and Greg Gordon for McClatchy DC

National: “R.N.C. Official Who Agreed to Pay Playboy Model $1.6 Million Resigns” by Rebecca Ruiz and Jim Rutenberg (New York Times) for MSN

Ethics

National: “Trump Grants Pardon to Former Bush Official; Some Say He Is Using the Law as a Political Tool” by Philip Rucker, Josh Dawsey, and Matt Zapotosky for Washington Post

National: “Trump Attorney Michael Cohen’s Mystery Legal Client: Fox News commentator Sean Hannity” by Philip Bump, Devlin Barrett, and Beth Reinhard for Washington Post

West Virginia: “Legislative Auditors Recommend Ethics Investigation of Justice Loughry” by Phil Kabler for Charleston Gazette-Mail

Lobbying

Arizona: “Woman at Center of Phoenix Lobbyist Forgery Scandal Convicted, Sentenced” by Dustin Gardner and Rick O’Dell for Arizona Republic

Michigan: “Mich. Speaker ‘Not Lobbied’ on Trip with Lobbyists” by Jonathan Oosting for Detroit News

Washington: “Many of the State’s Powerful Lobbyists Work from One Olympia Neighborhood” by Joseph O’Sullivan (Seattle Times) for The Olympian

Campaign Finance

National: Ex-Texas Congressman Convicted of Fraud, Conspiracy by The Associated Press for Arizona Daily Sun

Florida: Florida’s State Lawmakers Haven’t Gotten a Dime from the NRA Since 2005 by Dan Sweeney for South Florida Sun Sentinel

Elections

National: National Enquirer Paid Second Source with Embarrassing Trump Rumor by Carol Leonnig for Washington Post

Ethics

National: Ryan Poised to Earn Millions Even If He Sheds ‘Weekend Dad’ Role by Jeff Green, John McCormick, and Bill Allison for Bloomberg.com

National: Former Staffer: EPA fired him for refusing to OK first-class flight by Alex Guillén for Politico

New York: Ex-Cuomo Aide Percoco Can Get $36K NY Pension Despite Corruption Conviction by Julie McMahon for Syracuse Post-Standard

Lobbying

Oregon: Oregon’s Largest Business Organization Fires Its CEO, Former GOP Legislator Mark Johnson by Mike Rogoway and Ted Sickinger for Portland Oregonian

Wisconsin: Wisconsin Speaker Robin Vos Took Free Trip to London with Lobbyists and Leaders from Other States by Jason Stein and Patrick Marley for Milwaukee Journal Sentinel

National:

AP Finds Legislatures Lack Public Records on Harassment
Arizona Daily Star – David Lieb (Associated Press) | Published: 4/11/2018

In the past 15 months, dozens of state lawmakers have been forced from office, removed from their leadership roles, reprimanded. or publicly accused of sexual misconduct in a mounting backlash against misbehavior by those in power. Yet the majority of state legislative chambers across the country have no publicly available records of any sexual misconduct claims over the past 10 years. They say no complaints were made, no tally was kept, or they do not legally have to disclose it. Some lawmakers and experts on sexual wrongdoing in the workplace say that suggests legislators are not taking the problem seriously.

Facebook Fallout Deals Blow to Mercers’ Political Clout
MSN – Nicholas Confessore and David Gelles (New York Times) | Published: 4/10/2018

The revelation that Cambridge Analytica improperly acquired the private Facebook data of millions of users has set off government inquiries, plunging Facebook into crisis. But it has also battered the nascent political network overseen by wealthy conservative donor Rebekah Mercer and financed by her father, Robert Mercer. Cambridge Analytica was co-founded by Robert Mercer. An advocacy group backing President Trump and controlled by Rebekah Mercer has gone silent following strategic disputes between her and other top donors. And no American candidate or super PAC has reported payments to Cambridge Analytica since the 2016 campaign.

Facebook’s New Rules Aim to Thwart the Kind of Ads Bought by Russian Trolls During the Election
Washington Post – Tony Romm | Published: 4/6/2018

Facebook announced a series of moves meant to improve the transparency of political ads and pages on its social media service. Facebook Chief Executive Officer Mark Zuckerberg said in a post that the company has started requiring advertisers to verify their identity and location before they can run political ads. That verification is meant to prevent foreign interference in U.S. elections. Facebook will also soon start verifying the identify and location of people who run large Facebook pages. Officials say Russian agents used pages to pose as Americans on different sides of the political spectrum in an attempt to spread misinformation before the election.

Federal:

Investigators Focus on Another Trump Ally: The National Enquirer
WRAL – Jim Rutenberg, Emily Steel, and Mike McIntire (New York Times) | Published: 4/11/2018

President Trump has deep connections with the country’s largest tabloid publisher, American Media Inc (AMI), which publishes The National Enquirer. The company’s chairperson, David Pecker, is a close friend of the president’s. Since the early stages of his campaign, Trump, his lawyer Michael Cohen, and Pecker have strategized about protecting him and lashing out at his political enemies. Now AMI has been drawn into an investigation of Cohen’s activities, including efforts to head off potentially damaging stories about Trump during his run for the White House. The inquiry presents thorny questions about AMI’s First Amendment protections, and whether its record in supporting Trump somehow opens the door to scrutiny usually reserved for political organizations.

From the States and Municipalities:

Alabama – Ivey Signs Ethics Exemption for Developers into Law
AP News – Kim Chandler | Published: 4/6/2018

Alabama Gov. Kay Ivey signed into law a bill that will exempt economic developers from the state ethics law. Economic developers would not be considered lobbyists and would not register with the state and disclose their employers and activity as lobbyists do, under the legislation. Supporters said developers do not currently register, but the law needed to be clarified because of recent questions over whether they should. Critics had argued that anyone seeking deals with the state should not be exempted, and such exemptions could be exploited.

Arizona – Ducey Signs Bill Overriding Local Laws on Certain Campaign-Finance Disclosures
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 4/5/2018

Arizona cities are losing their right to demand that nonprofit groups seeking to sway local elections divulge who is financing the effort. Gov. Doug Ducey signed legislation that pre-empts local ordinances requiring these groups to register as PACs. The measure, which takes effect this summer, also makes any effort to identify contributions off limits. It is not known whether Tempe will challenge the new law as an unconstitutional infringement on local powers. Tempe residents voted earlier this year to mandate disclosure of spending on local races.

Georgia – Man Gets Prison for Obstruction in Atlanta Bribery Probe
Washington Times – Kate Brumback (Associated Press) | Published: 4/9/2018

An Atlanta man who threw a concrete block through a city contractor’s window to discourage him from talking to federal investigators was sentenced to prison for obstructing their bribery probe. Shandarrick Barnes had pleaded guilty to obstructing justice. He is the fourth person to receive a prison sentence after entering a guilty plea in the ongoing federal investigation into a “pay-to-play” scheme for city contracts. U.S. Attorney Kurt Erskine said Barnes used “mob-like tactics” to try to keep construction contractor Elvin Mitchell Jr. from cooperating with investigators.

Hawaii – What’s Up with All the Gut-And-Replace Trickery at The Legislature This Year?
Honolulu Civil Beat – Nathan Eagle | Published: 4/5/2018

Watchdog groups have called on the Hawaii Legislature for years to end “misleading practices which keep the public in the dark,” as their 2013 petition to the House and Senate put it. There is the “gut-and-replace” tactic, which involves removing the entire contents of a bill and inserting the contents of another in its place without any notice. And there are the so-called Frankenstein bills that keep the original contents of one bill and add the contents of another that had died earlier in the session. A common practice this session combines both tactics while giving a couple of days’ notice.

Kansas – Kansas AG Wants Court to Bar Out-of-State Residents from Running for Governor
Kansas City Star – Hunter Woodall | Published: 4/10/2018

Kansas Attorney General Derek Schmidt filed a lawsuit to put the brakes on out-of-state gubernatorial candidates after 10 people living outside the state’s borders took initial steps to run. State law makes no express statement about candidates’ age or residency. News coverage about the lack of requirements has led to a slew of teenagers and non-Kansans forming campaign committees for a gubernatorial run. A man tried, and failed, to get his dog on the ballot.

Missouri – Woman: Sexual encounter with Greitens was not consensual. Lawmakers find her credible
Kansas City Star – Lindsay Wise (McClatchy) and Jason Hancock | Published: 4/11/2018

The crisis confronting Missouri Gov. Eric Greitens deepened with the release of a legislative report that outlines in detail new allegations about the governor’s behavior toward a woman who was his hair dresser. While Greitens has described the extramarital relations as “consensual,” the woman said it included unwanted and potentially coerced sexual acts that she felt afraid to say no to and physical violence, in addition to the threat of blackmail. The governor is facing a felony charge that he invaded the woman’s privacy by taking a nude photograh of her without her consent. The report raised the specter of impeachment for Greitens and prompted another round of calls for him to step down.

New Mexico – Biggest Donors Get Around Contribution Limits
New Mexico Political Report – Marjorie Childress (New Mexico In Depth) | Published: 4/9/2018

Even though New Mexico passed campaign contribution limits in 2009 after several high-profile elected officials went to jail for corruption, people still have the potential to contribute more than the limits by giving through companies they own, or combining with family members to give. A debate over contribution limits since then has often included arguments that limits just push money into political committees or “dark money” groups that spend money independently, making it more difficult for the public to know who is paying for political ads and other activities designed to influence elections. But good government advocates disagree.

New York – JCOPE Reaches Settlement with Top Lobbyist Over de Blasio Donation
Albany Times Union – Chris Bragg | Published: 4/9/2018

Lobbyist James Capalino agreed to pay $40,000 to settle an investigation by the Joint Commission on Public Ethics (JCOPE). The commission has been investigating Capalino’s fundraising for New York City Mayor Bill de Blasio’s now-defunct nonprofit Campaign for One New York. The probe relied on JCOPE’s re-interpretation of the state gift ban law. The law disallows public officials from accepting “valuable gifts” from people with business before state government if such a gift appears intended to influence the official. JCOPE in 2014 said donations to an official’s nonprofit are covered under the law.

Ohio – Amid FBI Investigation, Ohio House Speaker Cliff Rosenberger Resigns
Cincinnati Enquirer – Chrissie Thompson and Jessie Balmert | Published: 4/10/2018

Facing an FBI investigation into his spending and overseas travel, Ohio House Speaker Cliff Rosenberger said he will resign from office on May 1. Rosenberger has been criticized for his lavish lifestyle, which includes traveling around the world and staying in a luxury Columbus condominium owned by a wealthy Republican campaign donor. In August, Rosenberger took a four-day trip to London with GOP leaders from other states for an event paid for by the GOPAC Education Fund’s Institute for Leadership Development. Steve Dimon, a registered lobbyist for title lender LoanMax, also was on the trip. Title and payday lenders have been lobbying against proposed legislation in Ohio that would place restrictions on their industry. Dimon declined to say whether the two discussed any legislation or if he has been questioned by the FBI.

South Dakota – South Dakota a ‘Standout’ in Limiting Voters’ Ability to Bring Issues to the Ballot
Sioux Falls Argus Leader – Dana Ferguson | Published: 4/6/2018

South Dakota voters in 2016 passed a sweeping ethics reform initiative, which state legislators then struck down. A year after Initiated Measure 22’s demise, lawmakers passed a dozen bills tightening the reins on the initiative and referendum process. The onslaught of bills puts South Dakota in a league of its own in terms of restricting direct democracy. Now, advocates are scrambling to undo the laws that do the most damage before they are left fighting under the new constraints imposed on the process.

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.