Lobbying

California: “California Lawmakers Report Accepting $518,000 in Gifts, Including Travel and Expensive Meals” by Patrick McGreevy, Melanie Mason, and Chris Megerian for Los Angeles Times

Campaign Finance

Massachusetts: “Boston Law Firm Could Be Charged on Donations” by Andea Estes and Viveca Novak for Boston Globe

Washington: “Ferguson Delivers the Laundry Bill: Grocery Manufacturers told to pay $1.1 million” by Joel Connoly for Seattle Post-Intelligencer

Ethics

“New EPA Head Told Congress He Never Used Personal Email for Government Business. But It Turns Out He Did.” by Steven Mufson for Washington Post

“Majority Rule Means the Power to Stop, Not Just Start, an Investigation” by Carl Hulse for New York Times

“Kushner and Flynn Met with Russian Envoy in December, White House Says” by Michael Schmidt, Matthew Rosenberg, and Matt Apuzzo for New York Times

Arkansas: “Ex-Arkansas Senator Indicted by U.S.; 2 Others Accused in Kickbacks Case” by Doug Thompson for Arkansas Online

North Carolina: “Court Ruling Throws Status of Ethics, Elections Panels into Doubt” by Laura Leslie and Mark Binker for WRAL

Utah: “Jury Acquits John Swallow of All Charges” by Dennis Romboy and McKenzie Romero for Deseret News

See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!

National:

Companies Lobbying Government Keep Spending Secret from Shareholders: Report
International Business Times – David Sirota | Published: 3/1/2017

A new report finds just 12 percent of publicly traded corporations in the S&P 500 disclose their lobbying expenditures to shareholders. Investors have increasingly called for corporate disclosure of both campaign contributions and lobbying. Some 90 percent of S&P 500 companies have board level policies regarding campaign contributions, compared to the 25 percent that have policies on lobbying. But those policies largely apply to the federal government. The study found disclosure at the state level is sparse. Five percent of S&P 500 corporations reveal which states they lobby in and two percent reveal aggregate lobbying costs.

Republican Lawmakers Introduce Bills to Curb Protesting in at Least 17 States
Washington Post – Christopher Ingraham | Published: 2/24/2017

Since the election of Donald Trump as president, Republican lawmakers in at least 17 states have introduced or voted on legislation to curb mass protests in what civil liberties experts are calling “an attack on protest rights throughout the states.” From Virginia to Washington state, legislators have introduced bills that would increase punishments for blocking highways, ban the use of masks during protests, and, in at least once case, seize the assets of people involved in protests that later turn violent. The proposals come after a string of mass protest movements in the past few years, covering everything from police shootings of unarmed black men to the Dakota Access Pipeline to the inauguration of Trump.

Federal:

Barring Reporters from Briefings: Does it cross a legal line?
New York Times – Adam Liptak | Published: 2/28/2017

The White House blocked a number of media outlets from entering Press Secretary Sean Spicer’s office for a scheduled briefing, a highly unusual breach of relations between the White House and its press corps. Aides to Spicer allowed in reporters from only a handpicked group of news organizations that, the White House said, had been previously confirmed to attend. Organizations allowed in included Breitbart News, the One America News Network, and The Washington Times, all with conservative leanings. Reporters from Time magazine and The Associated Press, who were set to be allowed in to the briefing, chose not to attend in protest. The White House move came hours after Trump delivered a slashing broadside against the news media in a speech at the Conservative Political Action Conference.

Sessions Met with Russian Envoy Twice Last Year, Encounters He Later Did Not Disclose
Washington Post – Adam Entous, Ellen Nakashima, and Greg Miller | Published: 3/1/2017

U.S. Attorney General Jeff Sessions spoke twice with Russia’s ambassador to the U.S. last year, raising new questions about contact between Trump campaign officials and the Kremlin. Sessions, a former senator from Alabama, did not disclose the contact with Russian Ambassador Sergey Kislyak during his confirmation hearings, testifying under oath that he “did not have communications with the Russians.” The contacts are coming under scrutiny because Sessions endorsed Donald Trump early in his presidential bid. A spokesperson for Sessions confirmed the contact with Kislyak, saying the attorney general spoke on the phone with the ambassador in September. That conversation took place during the time when intelligence officials assert that Russia was interfering with the U.S. presidential election through a hacking and influence campaign.

Supreme Court Backs FEC Disclosure Rules
Bloomberg BNA – Kenneth Doyle | Published: 2/28/2017

The U.S. Supreme Court upheld a requirement that forces groups to say who is paying for issue advertising directed at candidates in an approaching election. The justices affirmed a lower court decision in a case involving ads that mention candidates but do not call for the election or defeat of one. The Supreme Court has generally upheld disclosure requirements even as it has struck down limits on raising and spending money in political campaigns.

Trump Inspires Encryption Boom in Leaky D.C.
Politico – Andrew Restuccia and Nancy Cook | Published: 2/27/2017

In a capital worried about leaked information, many people are scrambling to cover their digital tracks. More than 70 workers from several federal agencies are using encrypted cellphone apps to arrange nighttime and weekend meetings at homes in the Washington, D.C. area to discuss their potential resistance to President Trump, said Danielle Brian, executive director of the Project on Government Oversight. The surge in the use of scrambled-communication technology – enabled by free smartphone apps such as WhatsApp and Signal – could skirt or violate laws that require government records to be preserved and the public’s business to be conducted in official channels. Defenders of federal workers argue that interest in encryption has skyrocketed as career employees ponder how to respond to an administration they fear will break the law and punish dissent.

Who’s Watching Trump’s Ethics Watchdogs?
Politico – Darren Samuelsohn | Published: 2/25/2017

The lawyers tasked with policing Donald Trump’s potential conflicts-of-interest are grappling with an oversight system that is disjointed and ineffective. More than two dozen attorneys working inside and outside government have a part of Trump’s ethics portfolio, but no one individual has visibility into the full picture. The set up means that in some cases the lawyers are overlapping while other areas of potential conflict go uncovered entirely. Perhaps a bigger issue for the watchdog effort is that the lawyers who have the job of safeguarding either the White House or the president and his family business do not see the conflict issues as deserving the significant attention they have received since Trump’s election win last November.

From the States and Municipalities:

Arizona – Arizona House Passes Bills to Restrict Citizen Initiatives
Arizona Republic – Mary Jo Pitzl | Published: 2/23/2017

In an attempt to gain control over laws proposed by citizens, the state House approved a package of bills designed to rein in the century-old initiative process enshrined in the Arizona Constitution at statehood. Opponents say the moves would undercut the power of the people to shape laws, and run counter to the citizen initiative process, while proponents argue lawmakers need the flexibility to fix unforeseen problems that might arise from a ballot measure. The measures now move to the Senate for consideration.

California – Regulators Investigating SDG&E for Potential Lobbying Violations
San Diego Union-Tribune – Joshua Emerson Smith | Published: 2/23/2017

State regulators said they are investigating San Diego Gas & Electric’s (SDG&E) efforts to influence the local adoption of government-run electricity programs, saying the company does not have permission to do so yet. Officials with SDG&E and its parent company, Sempra Energy, said the California Public Utilities Commission cleared their specially designated marketing division to lobby on community choice aggregation (CCA), a program that would give residents and businesses an alternative to SDG&E. After publicly lobbying on CCA before the San Diego County Board of Supervisors, officials with the SDG&E marketing arm, Sempra Services Corporation, said they have been meeting with lawmakers countywide on this issue. This lobbying caught the attention of the commission’s regulators. They said they are looking into the matter and violations could be subject to fines as high as $50,000 for each offense.

Colorado – How the Charities on Your Colorado Tax Form Used Connections, Money and Legislation to Earn the Coveted ‘Godsend’
Denver Post – Brian Eason | Published: 2/27/2017

Colorado’s charitable checkoff program became the nation’s first in 1977 and the state touts itself as a national leader for tax-season giving. The donations are collected when residents offer to donate portions of their tax refund or make contributions above the amount owed by filling out a supplemental form. But the official seal of approval by appearing on the form obscures uncomfortable realities. Most of the organizations receive no state oversight and won a spot with political clout. For groups that appear on the form, Sen. Lois Court said, “frequently it’s because there is a lobbyist available to help – that kind of knocks out those who can’t afford lobbyists.”

Florida – Rubio Is Asked to Leave Tampa Office Over Disruption from Weekly Protests
Tampa Bay Times – Tony Marrero | Published: 2/28/2017

The owner of Bridgeport Center has notified U.S. Mario Rubio’s office that it will not renew its lease in the Tampa office building. The reason is that demonstrations have become too disruptive to the other tenants and a costly expense for America’s Capital Partners, the building’s owner. A variety of progressive groups who oppose President Trump’s agenda have gathered at least once a week at the building, lining up on the sidewalk to wave signs and shout messages. Rubio’s seven statewide offices have been lightning rods for demonstrations. Gatherings in front of the Tampa office have surpassed 150 people.

Florida – Senator Seeks Probe into Whether Lobbyist Lisa Miller Posed as ‘Concerned Citizen’ During Call
Florida Today – Michael Malone | Published: 2/24/2017

State Sen. Kevin Rader is asking Gov. Rick Scott to investigate whether lobbyist Lisa Miller posed as a “concerned citizen” to mislead participants in a conference call with a company that rates Florida insurers. Miller has denied posing as someone named Mary Beth Wilson to praise Demotech, Inc. during the call. Demotech held the call to explain a change in its rating system and discuss the downgrade of some Florida insurance companies. Jeff Grady, president of the Florida Association of Insurance Agents, first reported on his blog that “most industry professionals” believed the caller was Miller, of Lisa Miller & Associates. He did not name her, but posted a link to her lobbyist registration page, which identifies her as representing Demotech, among other clients.

Illinois – Six More Lobbyists Face Fines for Using Emanuel’s Private Emails
Chicago Sun-Times – Fran Spielman | Published: 2/27/2017

After hitting former Uber executive David Plouffe with a record $90,000 fine for emailing Mayor Rahm Emanuel without registering as a lobbyist, the Chicago Board of Ethics issued probable cause letters to five more unregistered lobbyists and the companies they represent. A sixth letter was issued to a registered lobbyist accused of failing to report a contact, as required by law. Ethics board Chairperson William Conlon did not identify the six lobbyists in question or their companies. He would only say the maximum fines are “substantial” and the names would be released after the accused have an opportunity to respond and exercise their right to an administrative hearing. Other sources said all six individuals had lobbied Emanuel through the private email accounts the mayor used to conduct public business.

Minnesota – For Local Officials with Family Ties, Transparency Counts
Minnesota Public Radio – Brandt Williams | Published: 2/24/2017

Minneapolis City Council member and mayoral hopeful Jacob Frey got married last July, and his wife is a lobbyist. Sarah Clarke works for Hylden Advocacy and Law, which lobbies state and local governments, including Minneapolis. governments, including Minneapolis. In March of last year, the firm represented an industry group which opposed a proposed prohibition on plastic carry-out bags. Frey was one of 10 council members who voted to approve the ban. But Frey initially neglected to note his wife’s employment on a form he and other Minneapolis elected officials have to file every January. The so-called statement of economic interest form requires city officials to disclose any outside sources of compensation, along with that of their spouses or domestic partners.

New Jersey – A $500 Contribution to Republicans Costs Paving Company $7M
NJ.com – Dave Hutchinson (NJ Advance Media) | Published: 2/27/2017

A court upheld the decisions of two New Jersey agencies to rescind two contracts totaling about $7 million to a paving business and ban the company from any state contracts through the remainder of Gov. Chris Christie’s second term because of its $500 contribution to Somerset County Republicans. The court found that the donation disqualified Della Pello Paving from receiving state contracts under the state’s “pay-to-play” law, which bars state contracts exceeding $17,500 to a business that contributed more than $300 during the preceding 18 months to the governor, a candidate for governor, or any state or county political party committee.

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.

Lobbying

“Companies Lobbying Government Keep Spending Secret from Shareholders: Report” by David Sirota for International Business Times

South Dakota: “Legislature Expands Lobbying Ban to More Officials and Doubles Length” by Bob Mercer for Rapid City Journal

Washington: “Washington Commission Confirms What’s Upstream Stayed Within State Law” by Don Jenkins for Capital Press

Campaign Finance

Mississippi: “House Amends, Passes Senate Campaign Finance Bill” by Geoff Pender for Jackson Clarion-Ledger

Ethics

“White House Lawyer Twice Briefed Conway on Ethics Rules Following Ivanka Product Pitch” by Josh Gerstein for Politico

“White House Power Player Jared Kushner Is Keeping Parts of His Real Estate Empire” by Justin Elliot and Al Shaw for ProPublica

Connecticut: “Watchdog Agencies Worried About Budget Cuts” by Mike Savino for Meriden Record-Journal

Florida: “Rubio Is Asked to Leave Tampa Office Over Disruption from Weekly Protests” by Tony Marrero for Tampa Bay Times

Ohio: “In Selling Bill, Ohio Senator Describes Possibly Illegal Deal” by Jim Siegel for Columbus Dispatch

Redistricting

Virginia: “Supreme Court Says Virginia Redistricting Must Be Reexamined for Racial Bias” by Robert Barnes for Washington Post

Campaign Finance

“Judge Backs Blind FEC Eye on Campaign-Finance Violations” by Tim Ryan for Courthouse News Service

New Jersey: “A $500 Contribution to Republicans Costs Paving Company $7M” by Dave Hutchinson (NJ Advance Media) for NJ.com

Elections

Texas: “Justice Department Changes Its Position in High-Profile Texas Voter-ID Case” by Sari Horwitz for Washington Post

Ethics

“From K Street to Congo: Abramoff’s new adventure” by Anna Palmer, Jake Sherman, and John Bresnahan for Politico

“Who’s Watching Trump’s Ethics Watchdogs?” by Darren Samuelsohn for Politico

New York: “The F.B.I. Questioned de Blasio. Hours Later, This Man Was Fired.” by William Rashbaum, William Neuman, and J. David Goodman for New York Times

Texas: “Political Corruption Trial Kicks off in Dallas” by David Lee for Courthouse News Service

West Virginia: “WV Lawmakers Pass Nepotism Ban” by Eric Eyre for Charleston Gazette

Legislative Issues

“The DNC Isn’t Enough: Democrats demand more leadership changes” by Gabriel Debenedetti and Edward-Isaac Dovere for Politico

Lobbying

Colorado: “How the Charities on Your Colorado Tax Form Used Connections, Money and Legislation to Earn the Coveted ‘Godsend’” by Brian Eason for Denver Post

The Ohio Secretary of State Campaign Finance Division recently released revised contribution limits. The new limits are effective February 25, 2017, through February 24, 2019.

Among the changes, the limit individuals, political action committees (PACs), and political contributing entities (PCEs) may give to statewide or state legislative candidates increased from $12,532.34 per election period to $12,707.79 per election period.

The secretary of state adjusts statutory contribution limits in each odd-numbered year based on the Consumer Price Index. 

Campaign Finance

“U.S. Top Court Rejects Challenge to Political Ad Disclosure Rules” by Andrew Chung (Reuters) for U.S. News & World Report

West Virginia: “WV House Bill Requires Fundraiser Reports During 60-Day Session” by Eric Eyre for Charleston Gazette

Wisconsin: “Wisconsin Ethics Commission Records Taken in John Doe Leak Probe” by Patrick Marley for Milwaukee Journal Sentinel

Elections

“Democrats Elect Thomas Perez, Establishment Favorite, as Party Chairman” by Jonathan Martin for New York Times

Ethics

“Trump Inspires Encryption Boom in Leaky D.C.” by Andrew Restuccia and Nancy Cook for Politico

Minnesota: “For Local Officials with Family Ties, Transparency Counts” by Brandt Williams for Minnesota Public Radio

Washington: “Ethics Board Fines Puyallup Lawmaker $5,000 over Facebook Posts” by Melissa Santos for The News Tribune

Lobbying

Florida: “Senator Seeks Probe into Whether Lobbyist Lisa Miller Posed as ‘Concerned Citizen’ During Call” by Michael Malone for Florida Today

Illinois: “Six More Lobbyists Face Fines for Using Emanuel’s Private Emails” by Fran Spielman for Chicago Sun-Times

New York: “Reform Groups Call on Wright to Drop Dual Role” by Chris Bragg for Albany Times Union

Today, the United States Supreme Court affirmed electioneering communication disclosure requirements under the Bipartisan Campaign Reform Act (BCRA).

In Independence Institute v. FEC, the Supreme Court affirmed, without a written opinion, a lower court’s summary judgement against Independence Institute, a Colorado based 501(c)(3) tax-exempt organization. Independence Institute argued the BCRA’s disclosure requirements for electioneering communications were overbroad and violated the First Amendment.

Electioneering communication is defined as any broadcast, cable, or satellite communication referring to a clearly identified federal candidate, made within 30 days of a primary election or 60 days of a general, special, or runoff election, and targeted to the relevant electorate.

On November 3, 2016, the U.S. District Court for the District of Columbia had rejected the Independence Institute’s challenge to the BCRA’s electioneering communication provisions and granted the Federal Election Commission’s motion for summary judgment.

Campaign Finance

“Billionaires and Corporations Helped Fund Donald Trump’s Transition” by Carrie Levine for Center for Public Integrity

Canada: “Lobbying Commissioner Probing Fundraiser Hosted by Apotex Chair: Democracy Watch” by The Canadian Press for The Globe and Mail

New Hampshire: “NH Senate Votes to Require Political Advocacy Groups to Register, Report Expenditures” by John DiStaso  for WMUR

Elections

“David Brock, Donors Wade into State Fights” by Kenneth Vogel for Politico

Arizona: “Arizona House Passes Bills to Restrict Citizen Initiatives” by Mary Jo Pitzl  for Arizona Republic

Ethics

“White House Selectively Blocks Media Outlets from Briefing with Spicer” by Hadas Gold for Politico

“Priebus Call to FBI Violated Norms, If Not Rules” by Isaac Arnsdorf for Politico

“Law Professors File Misconduct Complaint Against Kellyanne Conway” by Sari Horwitz for Washington Post

“Bobbleheads, Yes. Official Tweets, No. Federal Workers Wonder Where the Lines Are in the Trump Era.” by Lisa Rein for Washington Post

“Republican Lawmakers Introduce Bills to Curb Protesting in at Least 17 States” by Christopher Ingraham for Washington Post

Kentucky: “Auditors Find Shoddy Management, Conflicts of Interest at Kentucky Horse Park” by Linda Blackford for Lexington Herald-Leader

Missouri: “Missouri Governor Shuns State Plane, Flies at Private Costs” by David Lieb (Associated Press) for Springfield News-Leader

South Dakota: “Flood of Bills Addresses IM22 Provisions” by Bob Mercer for Rapid City Journal

Lobbying

California: “Regulators Investigating SDG&E for Potential Lobbying Violations” by Joshua Emerson Smith in San Diego Union-Tribune

EU: “New Lobbying Rules Face Uncertain Future” by Harry Cooper for Politico

Illinois: “Former Obama Aide Fined $90,000 for Illegally Lobbying Emanuel on Uber’s Behalf” by Bill Ruthhart and Hal Dardick for Chicago Tribune

See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!

Federal:

Flynn Departure Erupts into a Full-Blown Crisis for the Trump White House
Washington Post – Karen DeYoung, Abby Phillip, and Jenna Johnson | Published: 2/14/2017

President Trump’s ouster of national security adviser Michael Flynn, and the circumstances leading up to it, have become a major crisis for the fledgling administration, forcing the White House on the defensive and precipitating the first significant breach in relations between Trump and Congress. Senate Majority Leader Mitch McConnell said it was “highly likely” the events leading to Flynn’s departure would be added to a broader probe into Russian meddling in the U.S. presidential election. Intercepts showed Flynn discussed U.S. sanctions in a phone call with the Russian ambassador, a conversation topic that Flynn first denied and then later said he could not recall. McConnell’s comments followed White House revelations that Trump was aware “for weeks” that Flynn had misled Vice President Pence and others about the content of his late December talks with Russian Ambassador Sergey Kislyak.

Report Shows ‘Untapped Power’ of Constituent Advocacy
Roll Call – Bridget Bowman | Published: 2/13/2017

The Congressional Management Foundation released a report highlighting more than a decade’s worth of its surveys that show how citizens can best influence lawmakers. According to the group’s research, citizens who show up in person and are well-prepared with facts and arguments can have a sizable impact on undecided legislators. But recent flare-ups at town hall meetings across the country have also demonstrated the impact of constituents who show up and make their voices heard. Bradford Fitch, one of the report’s authors, said phone calls and emails are not necessarily the most effective ways of communicating with legislators, and neither is a confrontation. “When you’re yelling, Congress isn’t listening,” Fitch said.

Trump Campaign Aides Had Repeated Contacts with Russian Intelligence
New York Times – Michael Schmidt, Mark Mazzetti, and Matt Apuzzo | Published: 2/14/2017

Intercepted calls and phone records show several aides and allies to President Trump’s campaign were in contact with senior Russian intelligence officials. Current and former U.S. officials who spoke with The New York Times said the contacts were discovered during the same time that intelligence agencies were investigating Russia’s extensive hacking campaign, later determined to be aimed at helping Trump win the White House. The agencies sought to learn whether the Trump campaign was colluding with the Russians on the hacking or other efforts. The officials interviewed said so far, they had seen no evidence of such cooperation. But the intercepts alarmed American intelligence and law enforcement agencies, in part because of the amount of contact that was occurring while Trump was speaking glowingly about Russian President Vladimir Putin.

Who is Donald McGahn, the Fiery Lawyer at the Center of Virtually Every Trump Controversy?
Washington Post – Matt Zapotosky and Sari Horwitz | Published: 2/14/2017

As White House counsel, Donald McGahn is supposed to provide the president with legal guidance on the thorniest issues of the day, and to manage disputes between power players inside the administration and the various executive agencies. McGahn has been at the center of virtually every controversy during the Trump administration. He is a veteran campaign finance lawyer and former member of the FEC. Before taking over the role in the administration, he worked at the Jones Day law firm and as general counsel to the Trump campaign. He is a consummate Washington insider, but like the man for whom he works, he has an independent streak, those who know him say. “Don is not a buttoned-down guy,” said Bradley Smith, a law professor at Capital University and longtime professional friend of McGahn.

From the States and Municipalities:

Florida – At Miami’s Airport, There’s Economy, First Class and … Politician
Miami Herald – Douglas Hanks | Published: 2/8/2017

A new report from the Miami-Dade ethics commission chastised the county-owned Miami International Airport for offering elected officials VIP treatment, including golf-cart rides, cutting to the front of security and Customs, and other courtesies normally reserved for foreign dignitaries. Investigators concluded most of the trips by officeholders came during official government business. But there are multiple mentions of personal travel too, including trips to visit sick relatives and other unspecified vacations. The airport’s Protocol Office arranged four escorts for Rebeca Sosa, a county commissioner, and three for her sister. “These are unexplained,” the report said of the sibling’s VIP transits.

Florida
These Lawmakers Are On the Payroll of Firms That Lobby the Legislature
Sarasota Herald-Tribune – Zac Anderson | Published: 2/12/2017

The Florida Bar Association once issued a formal ethics opinion effectively prohibiting state lawmakers from working at firms that lobby the Legislature. That ethics opinion was rescinded in 1999 and now at least six Florida lawmakers, including the House speaker, work for law firms that lobby the Legislature. Those who defend the practice say there are provisions in state law and legislative rules to address any conflicts-of-interest. Some also argue that restricting such employment would discourage well-qualified individuals from serving in the Legislature because they would have to give up their jobs with big firms.

Kentucky – GOP Senators Want to Cut Sex Harassment Training
Louisville Courier-Journal – Morgan Watkins | Published: 2/13/2017

A few Republican state senators want to eliminate required sexual harassment training for lawmakers and cut back on the ethics-related instruction they receive, citing concerns about the effectiveness of those initiatives. Sen. John Schickel is sponsoring a bill would repeal existing requirements for lawmakers to go through sexual harassment and workplace harassment training. It also would require Kentucky legislators to sit through only 30 minutes of ethics-related instruction each January instead of the three hours currently mandated by state law. “It’s nothing more than political correctness training,” Schickel said. “If you don’t have good manners and good values when you come to Frankfort, I can assure you Frankfort will not teach them.”

Maryland – Gov. Hogan’s Office Has Blocked 450 People from His Facebook Page in Two Years
Washington Post – Ovetta Wiggins and Fenit Nirappil | Published: 2/8/2017

After a deluge of comments asking that he denounce President Trump’s controversial travel ban, Maryland Gov. Larry Hogan’s office blocked numerous posters and deleted their messages from his Facebook page. Gubernatorial spokesperson Doug Mayer said the governor’s office has blocked 450 people since Hogan took office two years ago. The office does not have a specific policy for handling comments on Hogan’s page, which has more than 146,500 likes. Mayer said most of the removed comments were “vulgar, derogatory, hateful or racist,” but aides have also deleted those that are a part of an organized effort. Erich Sommerfeldt, a public relations professor at the University of Maryland, said deleting negative comments, rather than responding to them, can hurt a company or public figure’s brand.

Missouri – Campaign Contribution Law Bans Corporation Donations to All Candidates
Missouri Times – Benjamin Peters | Published: 2/14/2017

Constitutional Amendment 2, which was approved by Missouri voters in November, places limits and rules on how candidates and committees can accept donations, including how much can be given. A recent advisory opinion from the Missouri Ethics Commission says the new law prohibits a corporation or labor organization from making direct contributions to a campaign committee, candidate committee, exploratory committee, or political party. That means no corporation may contribute to a candidate’s campaign at the statewide level. But with the race for St. Louis mayor and a number of local and municipal elections weeks away, the question has been raised of whether these rules apply to municipal election.

New Jersey – N.J. Election Agency Could Soon Fill Key Posts
Bergen Record – Salvador Rizzo | Published: 2/14/2017

Gov. Chris Christie and Democratic senators have struck a deal to reactivate New Jersey’s election watchdog agency, which has been toothless for nearly a year, unable to hold meetings or punish candidates who violate campaign finance restrictions. Senate Democratic leaders said they expect to fill all of the vacancies by March 13 on the Election Law Enforcement Commission (ELEC). Restoring ELEC to its full power is key to ensuring the integrity of this year’s election for governor, all 120 legislative seats, and hundreds of local races, experts said. Three persistent vacancies on ELEC’s four-member board have prevented it from holding meetings since last March, an unprecedented 11-month stretch of inactivity since the agency was founded in 1972.

North Carolina – N.C. Supreme Court Blocks Law Stripping Governor of Election Oversight Powers
Winston-Salem Journal – Richard Craver | Published: 2/13/2017

The North Carolina Supreme Court blocked a state law that strips the new Democratic governor of powers to oversee elections. A lower appeals court briefly let the law to take effect, allowing a revamped state elections board to meet for the first time. It is one of the changes passed in December that shifted power over running elections away from Gov. Roy Cooper. The law ends the practice of allowing the governor’s party to hold majorities on all state and county elections boards. Elections board positions would be evenly divided between major-party partisans. Republicans would control elections during even-numbered years, typically election years. It also combines the State Board of Elections with the campaign finance, lobbying, and ethics commissions into one state agency.

Tennessee – Amid Ongoing Durham Scandal, Probe Shows Problems with Law
The Tennessean – Joel Ebert and Dave Boucher | Published: 2/13/2017

A recent state audit that said former Rep. Jeremy Durham violated Tennessee’s campaign finance law is “packed with problematic stuff” that may provide fertile ground for an ongoing federal probe, said former U.S. Attorney Jerry Martin. The scrutiny on Durham shines a light on the state campaign finance law, created with light punishments by those it is intended to police. In addition, Durham’s actions outlined in the audit offer a glimpse of the criminal consequences he could face.

Texas – How Blind Is This Texas Oil Regulator’s Blind Trust, Managed by His Brother-in-Law?
Dallas News – Steve Thompson | Published: 2/7/2017

Since his election to a seat on the Texas Railroad Commission in 2014, Ryan Sitton has voted on dozens of issues involving energy companies that hire his firm, Pinnacle Advanced Reliability Technologies. Its business is helping clients ensure equipment stays reliable. Many of these issues have come before the oil and gas commission as part of its consent agenda, where items of no controversy are packaged together for approval. But a few have been contentious, and Sitton has played big roles in deciding them. Not once has Sitton disclosed a relationship or recused himself. Texas law prohibits state officials from voting on matters in which they have a “personal or private interest” and requires them to publicly disclose such conflicts. But the law does not clearly define a “personal or private interest.”

Vermont – Scott Administration Discourages Fraternizing with Lawmakers, Lobbyists
Vermont Press Bureau – Neal Goswami | Published: 2/10/2017

Vermont Gov. Phil Scott reportedly has directed staff and administrative personnel to avoid fraternizing after hours with legislators and lobbyists, but some observers say the directive is unrealistic in tiny Montpelier. Many states have codes of conduct for state employees and officials to follow regarding lobbyists, as do the federal government and the armed forces. But how realistic is Scott’s directive given the long tradition of lawmakers, lobbyists, and state officials rubbing – and bending – elbows together after hours?

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.

Lobbying

California: “Penalty for Lobbyist – But Not Politicians – After $51,000 Birthday Party” by Emily Alpert Reyes for Los Angeles Times

Utah: “Utah Lobbyists Treat Lawmakers with No Scrutiny” by Michelle Price (Associated Press) for Deseret News

Campaign Finance

“FEC Member: I have the right to demand Trump prove voter fraud claims” by Eli Watkins for CNN

Kansas: “Kansas Rejects Higher Limits on Donations to Candidates” by John Hanna (Associated Press) for McClatchyDC.com

Texas: “House Member Marks One-Year Anniversary of Filing Zero Campaign Finance Reports” by Jackie Wang for Texas Tribune

Ethics

“Trump’s ‘Winter White House’: A peek at the exclusive members’ list at Mar-a-Lago” by Nicholas Confessore, Maggie Haberman, and Eric Lipton for New York Times

“From Trump the Nationalist, a Trail of Global Trademarks” by Danny Hakim and Sui-Lee Wee for New York Times

Colorado: “Denver City Council Panel Advances New Ethics Rules” by Jon Murray for Denver Post

Florida: “Brevard County Commissioners Put Forth Ethics Reform Plan” by Dave Berman for Florida Today

Kentucky: “Liquor Dealer in Kentucky House Getting Action on His Liquor Bills” by John Cheves for Lexington Herald-Leader

Legislative Issues

“Tennessee, Texas Stand Out for Strengthened Hill Sway” by David Hawkins for Roll Call

Virginia: “Some Hope to Increase Diversity Among Va. Legislative Aides” by Patrick Wilson for Richmond Times-Dispatch

The U.S. Court of Appeals for the Sixth Circuit reversed a U.S District Court’s decision to issue a preliminary injunction against provisions of Senate Bill 571, which enables corporations to deduct PAC contributions from employees’ paychecks while prohibiting labor unions from doing the same.

Ultimately, Sixth Circuit Judge Jeffrey Sutton relied on similar cases stating “absent a burden on a constitutionally cognizable right, the government may regulate what is at best a speech-facilitating mechanism.” Michigan State AFL-CIO v. Schuette, No. 16-2100, at *8 (6th Cir., Feb. 9, 2017).

A bill to raise the limit on what individuals may contribute to campaigns has passed the Kentucky Senate.

Senate Bill 75, sponsored by Sen. Damon Thayer, doubles the limit for individuals giving to candidates, caucus committees, and political parties.

The bill, similar to a measure introduced by Thayer in the past, also creates an additional disclosure report 60 days prior to an election. The bill has been transmitted to the House for consideration.