National:

Donald Trump’s Early Backers in State Government May See Rewards
New York Times – Monica Davey | Published: 11/23/2016

In every race for the White House, there are early and fierce endorsers of the winning candidate who are then viewed, post-election, as having greater influence. Some are courted for cabinet spots, but more seek the president’s ear on state policies, federal funds, and infrastructure projects. Rarely, though, are the lines as stark as in this election, largely because some Republican leaders took the unusual step of not endorsing Donald Trump – early or ever. And what this means now for the ones who did is far from clear.

How Stable Are Democracies? ‘Warning Signs Are Flashing Red’
New York Times – Amanda Taub | Published: 11/29/2016

Political scientists have a theory called “democratic consolidation,” which holds that once countries develop democratic institutions, a robust civil society, and a certain level of wealth, their democracy is secure. Yascha Mounk, a lecturer in government at Harvard, has spent the past few years challenging that assumption. His research suggests that liberal democracies around the world may be at serious risk of decline.

News Outlets Rethink Usage of the Term ‘Alt-Right’
New York Times – Sydney Ember | Published: 11/28/2016

With the election of Donald Trump – and his subsequent appointment of Stephen Bannon, a former chairperson of the right-wing website Breitbart News, as his chief White House strategist – the term alt-right has emerged as a linguistic flash point. Generally deployed by news organizations to describe a far-right, white nationalist movement known for its aggressive online expression, the term has attracted widespread criticism among those, particularly on the left, who say it euphemizes and legitimizes the ideologies of racism, anti-Semitism, Islamophobia, and white supremacy.

Federal:

Trump Announces He Will Leave Business ‘in Total’ – Leaving Open How He Will Avoid Conflicts of Interest
Washington Post – Drew Harwell | Published: 11/30/2016

Donald Trump said he would take steps to separate himself from his global business empire in the hopes of preventing the appearance of a conflict-of-interest as he becomes president. But Trump’s announcement, delivered in a series of early-morning posts on Twitter, drew an immediate rebuke from legal and ethics experts, who said the posts suggest Trump is not planning to take sufficient steps to eliminate the conflicts. It remains unclear what the president-elect’s plan will look like, but simply removing Trump from operational, day-to-day control of business decisions still could allow him to benefit financially from payments made to his companies by foreign governments, which may be prohibited by the so-called emoluments clause of the Constitution.

Trump to Accept Inauguration Funds from Corporations and Big Donors
New York Times – Nicholas Fandos | Published: 11/23/2016

President-elect Donald Trump is hoping to raise $65 million to $75 million to fund the activities planned for his inauguration. Trump plans to ban money from registered lobbyists, whom he barred from working for his administration. But the restrictions will be lighter on corporations and individuals, the groups that have traditionally provided a vast majority of funding for the festivities surrounding the transfer of power. Trump will seek corporate contributions of up to $1 million and even allow donations from PACs on a case-by-case basis. The restrictions, which members of the inaugural committee cautioned have yet to be finalized, represent a continued march back from standards set in 2009 by Barack Obama.

Trump’s Twitter Addiction Could Reshape the Presidency
Politico – Eli Stokols | Published: 11/29/2016

President-elect Donald Trump has recently proposed a reversal in American diplomatic relations with Cuba, boasted about negotiations with a major manufacturer, trumpeted false claims about millions of illegal votes, and hinted that he might upend current free speech laws by banning flag burning. All in 140 characters or less. As news organizations grapple with covering a commander in chief unlike any other, Trump’s Twitter account – a bully pulpit, propaganda weapon, and attention magnet all rolled into one – has as quickly emerged as a journalistic challenge and a source of lively debate.

From the States and Municipalities:

District of Columbia – D.C. Council to Debate Emergency Legislation on Campaign Finance Reform
Washington Post – Jasper Scherer | Published: 11/23/2016

District of Columbia Councilperson Kenyan McDuffie said he will introduce emergency legislation to bar contributions to PACs during non-election years in an effort to close what some view as a major campaign finance loophole before the start of 2017. McDuffie chairs the council’s Judiciary Committee, which is considering five related campaign finance reform bills, some of which include a closure of the loophole. Those bills are unlikely to pass before the legislative period closes at the end of the year, but McDuffie’s emergency bill would bypass many of the steps ordinarily required.

Maine – Maine Lawmakers Say Trips at Taxpayer Expense Are Vital
Portland Press Herald – Scott Thistle | Published: 11/27/2016

Five Maine lawmakers traveled to northern Labrador to learn more about a growing hydropower industry that some hope could lower electricity costs in Maine. Reps. Mark Dion and Ken Fredette said the nearly $1,500 cost to taxpayers was justified by what they and their colleagues learned. Both said that getting into the field and away from the meeting rooms in Augusta was important in helping policymakers understand how their state might benefit from shifting regional energy markets. The trip is one highlight in dozens of taxpayer-funded excursions reviewed as part of a Freedom of Access Act request for records of out-of-state travel by lawmakers in 2015 and 2016. The Maine Sunday Telegram sought the expense records after Democratic state senators accused two of their Republican colleagues of “double dipping” on expense reimbursements, including for out-of-state travel.

Minnesota – Obscure Party Funds Become Minnesota Campaign Cash Magnets
Minnesota Public Radio – Brian Bakst | Published: 11/30/2016

While Minnesota law limits how much individual candidates can take from lobbyists and PACs, the rules are looser for local party units. Interest groups have channeled hundreds of thousands of dollars to Republican and Democratic causes the past few years by moving the money through the local political units of some of the state’s most powerful lawmakers. The money flies mostly under the public radar but buys lobbyists visibility and possibly influence with the Capitol’s power brokers.

Missouri – Could 2017 Be The Year That Ethics Reform Takes Hold in Missouri?
Kansas City Star – Jason Hancock | Published: 11/28/2016

Jefferson City’s reputation has been fueled in part by the fact that Missouri is the only state with no limits on both campaign contributions and lobbyist gifts. As a result, huge donations to campaigns have become commonplace, and elected officials accept hundreds of thousands of dollars in gifts every year. Reform efforts stalled during the 2016 legislative session. But disappointment has given way to optimism over the results of the recent election. Missourians approved a constitutional amendment reinstating contribution limits, and elected candidates for governor and attorney general who made corruption the centerpiece of their campaigns. Voters gave lawmakers a mandate to finally pass meaningful ethics reform, said Assistant Senate Majority Leader Bob Onder.

New York – Emails Released by Mayor de Blasio’s Office Detail Reliance on Outside ‘Agents’
New York Times – J. David Goodman | Published: 11/23/2016

New York City Mayor Bill de Blasio’s administration released a third batch of its correspondence with outside advisers that it has designated as “agents of the city.” The emails date to the first days of de Blasio’s tenure, from early 2014 through April 2015. Watchdog groups have raised concerns that the advisers act as a “shadow government” and present concerns about conflicts-of-interest because they also represent companies that do business with the city.

North Carolina – In North Carolina, No End in Sight to Governor’s Race
New York Times – Richard Fausset | Published: 11/29/2016

The North Carolina governor’s race remains an unresolved, contested muddle. The challenger, Roy Cooper, has declared victory. But incumbent Pat McCrory, trailing by thousands of votes in the as-yet-unfinished tally, has refused to concede, as he and his allies charge the election was marred by numerous irregularities. The imbroglio is so complicated that a spokesperson for the State Board of Elections could not say when it might be resolved. It comes amid a broader wave of skepticism about the integrity of the basic mechanics of the American electoral process, including the recount of the presidential results in three states. The move enraged President-elect Donald Trump, who said on Twitter that “millions” of people had illegally voted for Hillary Clinton, a widely derided claim for which he offered no evidence.

South Dakota – Daugaard Favors Repeal of New Ethics Law
Rapid City Journal – James Nord (Associated Press) | Published: 11/23/2016

Over two dozen Republican lawmakers and others are going to court to block a government ethics overhaul approved by South Dakota voters on November 8. Their lawsuit filed in state court challenges the constitutionality of the ballot measure that took effect recently. Foes of the measure argue provisions including an ethics commission and limitations on lobbyist gifts to lawmakers run afoul of the state or federal constitutions, or both. Gov. Dennis Daugaard said he does not plan to include millions of dollars of funding in his December budget proposal for a public campaign finance system established under the new law.

Virginia – Special Interests Spend Millions to Pay Virginia Legislators’ Bills
The Daily Press – Dave Ress | Published: 11/27/2016

Virginia law does not place limits on who can give to political campaigns or on how much can be donated. Similarly, state law sets no rules for where or how candidates may spend campaign funds. That means money contributed to campaigns can, and often does, pay for expenses that have nothing to do with running for office. Large sums flow in – and keep rising, year after year, even though many legislators do not actually face opponents and only a handful represent districts where opponents can mount a serious challenge.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

The Election Finances Statute Law Amendment Act was passed by the Legislative Assembly on December 1, 2016. It was introduced after an investigation into pay-to-play fundraising and cash for access scandals.

The investigation revealed that corporations and lobbyists had spent up to $10,000 to buy time with cabinet members in seeking policy decisions and contracts. The new amendment will prohibit all provincial politicians, candidates, and senior political staffers from attending fundraising events and ban contributions from corporations and unions.

In addition to these prohibitions, donations from individuals are limited to $1,200 per political party annually, down from $9,975 under the current system. Third-parties, who currently face no spending restrictions on advertising, will be capped at $100,000 per election period and $600,000 in the six months before a general election is called. A spending cap will also be placed on political party advertising at $1 million in the six months before a general election is called.

The bill was passed despite negative feedback regarding loopholes in the legislation. It will go into effect on January 1, 2017.

Lobbying

“Wave of Lobbyist Deregistrations in Trump Orbit After Announcement of New Policy” by Catherine Ho for The Washington Post

Campaign Finance

“Ackman’s Fund Asks SEC for Exemption After Campaign Donation” by Svea Herbst-Bayliss for Reuters

“Trump to Accept Inauguration Funds from Corporations and Big Donors” by Nicholas Fandos for The New York Times

Michigan: “Rizzo Expands Empire After Pumping Cash into Campaigns” by Robert Snell and Michael Gerstein for Detroit News

Minnesota: “Obscure Party Funds Become Minnesota Campaign Cash Magnets” by Brian Bakst for Minnesota Public Radio

Ethics

“Trump’s Twitter Addiction Could Reshape the Presidency” by Eli Stokols for Politico

“Trump Announces He Will Leave Business ‘in Total’ – Leaving Open How He Will Avoid Conflicts of Interest” by Drew Harwell for The Washington Post

Elections

“Anti-Trump Forces Launch Attack on Electoral College” by Kyle Cheney for Politico

North Carolina: “In North Carolina, No End in Sight to Governor’s Race” by Richard Fausset for The New York Times

Legislative Issues

“Nancy Pelosi Chosen Again as House Democratic Leader – But Tally Suggests Deep Division” by Paul Kane and Ed O’Keefe for The Washington Post

Lobbying

“How Exactly Do You ‘Drain the Swamp’? Here Are 4 Ways It Could Be Done.” by Catherine Ho for The Washington Post

Campaign Finance

“Justin Trudeau Faces Criticism Over Fund-Raisers in Canada” by Ian Austen for The New York Times

Ethics

“News Outlets Rethink Usage of the Term ‘Alt-Right’” by Sydney Ember for The New York Times

“The Controversial Legal Theory That Could Get Trump Sued” by Josh Gerstein for Politico

“Trump Names White House Counsel as Potential Conflicts Loom” by Jennifer Jacobs and Toluse Olorunippa for Bloomberg.com

Alabama: “Bodyguard: Alabama governor spent anti-terror funds on staff” by Tim Lockette for The Anniston Star

Missouri: “Could 2017 Be The Year That Ethics Reform Takes Hold in Missouri?” by Jason Hancock for Kansas City Star

Elections

“How Stable Are Democracies? ‘Warning Signs Are Flashing Red’” by Amanda Taub for The New York Times

“Trump’s Baseless Assertions of Voter Fraud Called ‘Stunning’” by Andrew Restuccia for Politico

“For Trump Son-in-Law and Confidant Jared Kushner, a Long History of Fierce Loyalty” by Shawn Boberg for The Washington Post

Lobbying

“Trump’s Lobbying Ban Might Actually Make Corruption Worse” by Tim LaPira and Herschel Thomas for Washington Post

Florida: “A Liberal Leader from Tallahassee’s Past Praises GOP Speaker’s Call for Change” by Steve Bousquet for Tampa Bay Times

New York: “Emails Released by Mayor de Blasio’s Office Detail Reliance on Outside ‘Agents’” by J. David Goodman for New York Times

Oklahoma: “Gov. Mary Fallin Used Private Email to Set Up Meeting with Lobbyist” by Phil Cross for KOKH

Campaign Finance

District of Columbia: “D.C. Council to Debate Emergency Legislation on Campaign Finance Reform” by Jasper Scherer for Washington Post

Virginia: “Special Interests Spend Millions to Pay Virginia Legislators’ Bills” by Dave Ress for The Daily Press

Ethics

Iowa: “Daugaard Favors Repeal of New Ethics Law” by James Nord (Associated Press) for Rapid City Journal

Elections

“Clinton Campaign Will Participate in Wisconsin Recount, with an Eye on ‘Outside Interference,’ Lawyer Says” by Matt Zapotosky for Washington Post

“Donald Trump’s Early Backers in State Government May See Rewards” by Monica Davey for New York Times

Legislative Issues

Maine: “Maine Lawmakers Say Trips at Taxpayer Expense Are Vital” by Scott Thistle for Portland Press Herald

D.C. Council Member Kenyan McDuffie announced his plan to introduce emergency legislation to ban contributions to political action committees during non-election years.

There are currently other bills pending before the council that also seek to close this same campaign finance loophole, but they only had their first public hearings Nov. 16 and are unlikely to pass before the start of 2017.

McDuffie’s emergency bill would bypass many of the steps ordinarily required.

A group of Republican lawmakers filed a lawsuit in state court Wednesday, Nov. 23, to block the government ethics overhaul recently approved by voters.

The lawsuit challenges the constitutionality of Initiated Measure 22, which became effective last week restricting campaign contributions and gifts from lobbyists. Gov. Dennis Daugaard says he supports repeal of the measure and he will not include money in his budget for the public campaign finance system called for by the new law.

The 2016 election was about a lot more than just a battle between Donald Trump and Hillary Clinton. Across the country, states asked voters to consider a variety of ballot measures, including a few campaign finance issues. At the 2016 National Conference of State Legislatures (NCSL) State Vote seminar held in Washington, D.C., Wendy Underhill recapped a number of those issues and the decisions that voters made on Nov. 8.

Both California and Washington held votes related to the United States Supreme Court ruling in Citizens United vs. FEC. Voters approved ballot measures that urged government leaders to use their power to work to overturn the Supreme Court’s ruling, possibly through a constitutional amendment, if possible.

In Missouri, voters approved an initiative establishing limits on campaign contributions to candidates for state or judicial office; while in South Dakota, voters approved an initiative to create a publicly funded campaign finance program and an ethics commission.

For more from the NCSL State Vote seminar you can view some of the presentation slides here. To see a list of ballot measure election results of interest to government relations professionals, take a look at our 2016 election dashboard.

Lobbying

Indiana: “Holcomb Transition Team Enjoys Pacers Game at Team’s Expense” by Leslie Weidenbener for Indianapolis Business Journal

Oregon: “Governor’s Respected Energy Chief to Step Down, Partly Because of Lobbyist Influence” by Scott Thistle and Tux Turkel for Portland Press Herald

Campaign Finance

“FEC Questions Trump Donations Worth $1.3M” by Mark Hensch for The Hill

New York: “City Council Hears Legislative Package on Conflicts of Interest and Campaign Finance” by Samar Khursid for Gotham Gazette

Washington: “GMO Labeling Supporters Fined $320K Over Campaign Disclosure” by the Associated Press for KOMO

Ethics

“Trump Drops Threat of New Hillary Clinton Investigation” by Julie Hirschfeld Davis and Michael D. Shear for The New York Times

“Trump Foundation Admits to Violating Ban on ‘Self-Dealing’’ New Filing to IRS Shows” by David Fahrenthold for The Washington Post

Missouri: “Columbia Lawmaker Proposes Ethics Bills in Response to Greitens’ Campaign Promises” by Brittany Ruess for Columbia Daily Tribune

New York: “Percoco, Kaloyeros, Six Others Indicted” by Casey Seiler for Albany Times Union

Pennsylvania: “Pittsburgh’s Revamped Ethics Board Up, Running” by Bob Bauder for Pittsburgh Tribune-Review

Elections

North Carolina: “North Carolina Governor Alleges Voter Fraud in Bid to Hang On” by Elena Schneider for Politico

Wisconsin: “Many in Milwaukee Neighborhood Didn’t Vote – and Don’t Regret It” by Sabrina Tavernise for The New York Times

Redistricting

Wisconsin: “Judges Find Wisconsin Redistricting Unfairly Favored Republicans” by Michael Wines for The New York Times

Since pre-filing began for the 2017 Arkansas legislative session, multiple measures have been introduced regarding lobbying, ethics and campaign finance.

If passed, measures introduced in the House would require reporting and disclosure of electioneering communications and covered transfers (House Bill 1005), prevent a member of the General Assembly from forming more than one political action committee (PAC) as either a registered agent or an officer (House Bill 1009), require the Secretary of State to make independent expenditures and PAC reports public (House Bill 1010), prohibit PAC-to-PAC transfers (House Bill 1011)  and ban direct contributions to candidates from PACs (House Bill 1012). Several measures introduced in the Senate mirror the House bills.

Additionally, bills introduced in the Senate would bar soliciting or accepting campaign contributions before the expiration of the immediately preceding general election (Senate Bill 2), prohibit elected officials from registering as a lobbyist while serving as an elected state official (Senate Bill 3) and ban constitutional officers, like the governor, from soliciting or accepting loans from lobbyists (Senate Bill 7).

Lobbying

“White Nationalists Dress Up and Come to Washington in Hopes of Influencing Trump” by Lisa Mascaro for Los Angeles Times

“Groups Ease Off Events for Lawmakers Under New Lobbying Law” by James Nord (Associated Press) for The Washington Times

Campaign Finance

“FEC Deadlocks, Won’t Investigate Dark Money Group That Spent All Its Funds On an Election” by Robert Maguire for Center for Responsive Politics

California: “Did Money Buy California Ballot Measure Contests?” by Taryn Luna for The Sacramento Bee

Kentucky: “State Agencies Investigate Political Donations Raised by Tim Longmeyer, Others” by John Cheves for Lexington Herald-Leader

Ethics

“Ethics Watchdog Updates Gift Rules for Federal Workers” by Megan Wilson for The Hill

“A Scramble to Assess the Dangers of President-elect Donald Trump’s Global Business Empire” by Drew Harwell and Anu Narayanswamy for The Washington Post

Arkansas: “Lawmakers File Bills on Ethics, Taxes, Sessions” by John Lyon (Arkansas News Bureau) for The Times Record

Florida: “Convicted Opa-locka City Manager Gets 3 Years in Prison for Taking Bribes” by Jay Weaver and Michael Sallah for Miami Herald

Pennsylvania: “Mastery Charter Schools to Pay $2,000 to Settle City Ethics Complaint” by Martha Woodall for Philadelphia Inquirer

Elections

“Underestimating the Unconventional” by Susan Milligan for U.S. News and World Report

Lobbying

“Trump’s New Lobbying Rules Could ‘Drain the Swamp.’ But They May Be Illegal and Are Porous.” by Catherine Ho for The Washington Post

Missouri: “Missouri Senate Moves to End Pizza-for-Play Bank Account” by Kurt Erickson for St. Louis Post-Dispatch

Campaign Finance

Texas: “Zimmerman Appeals Campaign Contribution Limits” by Jo Clifton for Austin Monitor

Ethics

“Ethics Rules Bar Bannon from Helping Breitbart” by Isaac Arnsdorf and Taylor Gee for Politico

Michigan: “Text Messages Help FBI Nab 3rd Macomb County Politician in Rizzo Probe” by Tresa Baldas and Christina Hall for Detroit Free Press

New Jersey: “Passaic Mayor Pleads Guilty to Accepting Bribes” by Richard Cowen and Todd South for Bergen Record

Legislative Issues

“Rep. Tim Ryan Launches Long-Shot Challenge to Pelosi as Democrats Struggle with Postelection Strategy” by Paul Kane for The Washington Post

On November 17, 2016, The New York City Campaign Finance Board approved rule changes from September.

The purpose of the new rules is to reduce coordination between campaigns and independent expenditure groups by adding two new factors to determine coordination between the two groups. Another rule codifies an advisory opinion stating once an individual has been compensated for a service, he or she may no longer be considered a volunteer for the previously compensated service.

The entire notice of the final rules can be found here. The final rules will be published in The City Record on November 25, 2016, and will be effective on December 27, 2016.

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