National:

Political Divide Splits Relationships – and Thanksgiving, Too
New York Times – Sabrina Tavernise and Katharine Seely | Published: 11/15/2016

The election is over, but the repercussions in people’s lives may be just beginning as families across America contemplate uncomfortable holidays – or decide to bypass them – and relationships among friends, relatives, and spouses are tested across the political divide. Democrats in some cases are refusing to sit across the table from relatives who voted for President-elect Donald Trump, a man they say stands for things they abhor. Many who voted for Trump say it is the liberals who are to blame for discord, unfairly tarring them with the odious label of “racist” just because they voted for someone else.

Rights Groups See ‘Unprecedented’ Support in Wake of Election
Washington Post – Sandhya Somashekhar | Published: 11/15/2016

Perhaps the most concrete action to follow the end of the divisive election season has been a surge in donations to various organizations whose agendas counter those proposed by President-elect Donald Trump. In recent days, groups that champion causes like civil liberties and women’s health, as well as focus on immigration rights and anti-discrimination initiatives, have seen record responses to the election in the form of contributions and volunteer applications. Left-leaning organizations say they are being forced to regroup in the wake of the election that gave Republicans control of both the White House and Congress for the first time in a decade.

Why Facebook and Google Are Struggling to Purge Fake News
Washington Post – Nick Wingfield, Mike Isaac, and Katie Benner | Published: 11/15/2016

Google and Facebook announced they would ban fake news sites from using their respective advertising platforms, a strategy aimed at cutting off some of the revenue sources for the sites, which have been under fire for stoking fears during the campaign. Facebook will bar all fake news sites from its Facebook Audience Network, while Google will ban them from using its AdSense ad-selling software. The move has raised new questions about long-standing claims by Facebook, Google, and other online platforms that they have little responsibility to exert editorial control over the news they deliver, even when it includes outright lies, falsehoods, or propaganda that could tilt elections.

Federal:

Former Illinois Congressman with ‘Downton Abbey’ Office Is Indicted
Washington Post – Matt Zapotosky | Published: 11/10/2016

Former U.S. Rep. Aaron Schock, whose taste for first-class travel and a “Downton Abbey”-themed office design led to questions about his judgement and adherence to spending rules, was indicted by a federal grand jury on 24 counts, including wire fraud and theft of government funds. Ethics questions arose after The Washington Post reported on his opulent Capitol Hill office in 2015, which prompted a government investigation into whether he had improperly accepted pro bono interior design services. Schock personally paid back $40,000 for office renovations, which included a crystal chandelier and a plume of pheasant feathers. A New York Times article described the office as being decorated like a drawing room from “Downton Abbey.”

How Federal Ethics Laws Will Apply to a Trump Presidency
New York Times – Steve Eder | Published: 11/11/2016

A theme of Donald Trump’s presidency is likely to be the clash of his duties running the country with the remnants of his decades as a businessperson. But federal rules and precedent make a couple of things clear. Trump will have no immunity from lawsuits involving his corporate ventures, thanks to a U.S. Supreme Court ruling involving Paula Jones, one of former President Bill Clinton’s accusers. And nothing will stop Trump’s family from continuing to run its vast international web of businesses. Federal ethics laws and conflict-of-interest statutes that apply to other federal employees and cabinet members do not apply to the president.

Trump Draws Sharp Rebuke, Concerns Over Newly Appointed Chief White House Strategist Stephen Bannon
Washington Post – Jose DelReal | Published: 11/13/2016

Critics denounced President-elect Donald Trump for appointing Stephen Bannon to a top White House position as chief strategist. Civil rights groups, senior Democrats, and some Republican strategists have said that Bannon, the former head of Breitbart News, will bring anti-Semitic, nationalist, and racist views to the West Wing. Bannon has said while there are fringe elements associated with the right-wing nationalist movement, his critics are painting with too broad a brush. “These people are patriots,” he said. “They love their country. They just want their country taken care of.”

Trump Team Sets Broader Limits on Lobbying by Former Staff
New York Times – Michael Shear and Eric Lipton | Published: 11/16/2016

President-elect Donald Trump’s transition team announced it will require incoming officials to terminate their lobbyist registrations and agree not to lobby again for five years after leaving the administration. The sweeping post-employment restrictions could make it difficult for Trump, whose transition team has struggled to get off the ground, to attract experienced professionals in policy circles where lobbying is a common revenue stream. The policy is in some ways far more rigid than President Barack Obama’s groundbreaking lobbyist ban.

From the States and Municipalities:

Alabama – Strange’s Office Asked Groups for Input on Ethics Law
Montgomery Advertiser – Brian Lyman | Published: 11/15/2016

A few months after securing the conviction of House Speaker Mike Hubbard under the state ethics law, Alabama Attorney General Luther Strange’s office solicited input about the law and its application to groups covered by it. The main point of unease grows from the Hubbard jury’s application of the ethics law to individuals and organizations who hire lobbyists, known as principals. The state’s ethics law forbids legislators from asking for or receiving any “thing of value” from a lobbyist or a principal. The Hubbard trial also led to questions about how state employees could find employment in the private sector without violating the ethics law.

Florida – Toll Board Lobbyist Accused of Foiling County’s Push for Transit Funds
Miami Herald – Douglas Hanks | Published: 11/11/2016

The private lobbyist Miami-Dade County hired to push transit legislation had another client on the issue that paid more: the Miami-Dade Expressway Authority. A report from the county’s ethics board criticized the lobbyist, Fausto Gomez, for not disclosing the “potential conflict” and recommended that the county commission ban his firm, Gomez Barker, from county lobbying contracts for up to three years.

Illinois – Red Light Cameras Figure Given 2 1/2 Years in Prison for Massive Bribe Scheme
Chicago Tribune – David Kidwell | Published: 11/10/2016

The former chief executive officer of Chicago’s longtime red light camera vendor was sentenced to two-and-one-half years in prison for her role in a $2 million cash-for-cameras bribery scheme with a top City Hall manager who rigged the contract for a decade. In addition to imposing the prison sentence, the judge ordered Karen Finley to pay $35,000 up front in restitution and then 10 percent of whatever net income she makes for the rest of her life. The sentence will run concurrent with the 14-month prison term given to Finley in federal court in Ohio for her role in a smaller bribes-for-contracts scheme there.

Massachusetts – Federal Prosecutors Open Criminal Grand Jury Probe of Thornton Law Firm Donations
Center for Responsive Politics – Andrea Estes (Boston Globe) and Viveca Novak | Published: 11/15/2016

Federal prosecutors have opened a grand jury investigation into potentially illegal campaign contributions from lawyers at the Thornton Law Firm, a leading donor to Democrats around the country. The U.S. attorney’s office is one of three agencies now looking into the Boston-based personal injury firm’s practice of reimbursing its partners for millions of dollars in political donations. The law firm has insisted the donations were legal, but soon after the media revealed the firm’s practice, politicians began returning hundreds of thousands of dollars in donations. Federal prosecutors, as well as state and federal campaign finance regulators, are investigating whether Thornton and its lawyers violated the law by paying “bonuses” to firm partners in the exact amount of their political donations and often on the same day. The firm’s attorney acknowledges the payments went on for a decade.

New Jersey – GWB Scandal Puts a Light on the Benefits of Lobbying
Bergen Record – John Reitmeyer | Published: 11/14/2016

Wolff & Samson is one of the top “go-to” law firms in New Jersey, continuing the tradition of others that reap benefits when a particular political party or close ally is in power. Public records show the law firm headed by David Samson, who was legal counsel for Gov. Chris Christie’s 2009 campaign and led his transition team, also has earned millions of dollars doing legal work for numerous government agencies during Christie’s tenure. Wolff & Samson also employs lobbyists who have represented major corporations seeking favorable outcomes from state government.

New York – Cuomo, Stung by a Scandal, Offers Ethics Reforms
New York Times – Vivian Yee and Jesse McKinley | Published: 11/16/2016

New York Gov. Andrew Cuomo said he is taking a number of unilateral steps designed to reduce potential conflicts-of-interest and fraud in the annual awarding of billions of dollars in state contracts. Cuomo said he will ban his political campaign and the state Democratic Party from accepting contributions from companies as they bid for state contracts. He will also create new watchdog positions to oversee the executive branch and the state’s higher-education system, among other reforms.

Tennessee – Legal Loophole Allows Donors to Obscure State Campaign Contributions
The Tennessean – Joel Ebert | Published: 11/14/2016

Andy Miller, one of the most significant Tennessee Republican Party donors in recent history, has used more than a dozen names, addresses, and job descriptions when giving as much as $550,000 in state contributions, making it difficult to track the money. The obfuscation of the donations to state PACs, incumbent state lawmakers, and legislative candidates illustrates a loophole in campaign finance law that helps wealthy donors skirt contribution limits, according to an analysis of more than a decade of campaign finance reports.

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

“U.S. Chamber of Commerce President Tom Donohue Announces Revamp of Group’s Lobbying Arm” by Catherine Ho for The Washington Post

“Trump Team Sets Broader Limits on Lobbying by Former Staff“ by Michael Shear and Eric Lipton for The New York Times

Alabama: “Strange’s Office Asked Groups for Input on Ethics Law” by Brian Lyman for Montgomery Advertiser

Florida: “Senate, House Differ on Lobbyist, Budget Rules” by Brandon Larrabee (News Service of Florida) for Sunshine State News

Campaign Finance

Maine: “Maine Ethics Commission Proposes New Campaign Finance Rules” by Christopher Cousins (Bangor Daily News) for Maine Sun Journal

“Federal Prosecutors Open Criminal Grand Jury Probe of Thornton Law Firm Donations” by Andrea Estes (The Boston Globe) and Viveca Novak for Center for Responsive Politics

Ethics

“Rudolph Giuliani’s Business Ties Viewed as Red Flag for Secretary of State Job” by Mark Landler, Eric Lipton and Jo Becker for The New York Times

New York: “Cuomo to Limit Campaign Cash, Create Watchdogs” by Jon Campbell for The Journal News

Elections

“Political Divide Splits Relationships – and Thanksgiving, Too” by Sabrina Tavernise and Katharine Q. Seelye for The New York Times

“Rights Groups See ‘Unprecedented’ Support in Wake of Election” by Sandhya Somashekhar for The Washington Post

Lobbying

Florida: “Toll Board Lobbyist Accused of Foiling County’s Push for Transit Funds” by Douglas Hanks for Miami Herald

Florida: “Ballot Questions Fail in Miami Beach” by Joey Flechas for Miami Herald

New Jersey: “GWB Scandal Puts a Light on the Benefits of Lobbying” by John Reitmeyer for The Bergen Record

Campaign Finance

Missouri: “Missouri Donors Say Effort to Limit Money in Politics Failed” by Summer Ballentine and David A. Lieb (Associated Press) for Southeast Missourian

Tennessee: “Legal Loophole Allows Donors to Obscure State Campaign Contributions” by Joel Ebert for The Tennessean

Ethics

Illinois: “Google and Facebook Take Aim at Fake News Sites” by Nick Wingfield, Mike Isaac, and Katie Benner for The New York Times

“Red Light Cameras Figure Given 2 1/2 Years in Prison for Massive Bribe Scheme” by David Kidwell for Chicago Tribune

Elections

“Bernie’s Empire Strikes Back” by Daniel Strauss for Politico

“Trump Draws Sharp Rebuke, Concerns Over Newly Appointed Chief White House Strategist Stephen Bannon” by Jose A. DelReal for The Washington Post

Legislative Issues

“Republicans Unanimously Pick Ryan to Continue as Speaker, but Differences Remain” by Mike DeBonis for The Washington Post

New York: “No Pay Raises for State Legislators, Commission Says” by Rick Karlin for Albany Times Union

Campaign Finance

“Campaign Finance Laws Poised for Rollback Under Trump” by Kate Ackley for Roll Call

“Howard Voters Approve Measure to Use Taxpayer Dollars for Local Campaigns“by Fatimah Waseem for The Baltimore Sun

Elections

“Critics See Stephen Bannon, Trump’s Pick for Strategist, as Voice of Racism” by Michael Shear, Maggie Haberman and Michael Schmidt for The New York Times

Ethics

“Former Illinois Congressman with ‘Downton Abbey’ Office Is Indicted” by Matt Zapotosky for The Washington Post

“How Federal Ethics Laws Will Apply to a Trump Presidency” by Steve Eder for The New York Times

Kentucky: “Longmeyer Found Guilty of 45 Ethics Violations” by Tom Loftus for Louisville Courier-Journal

Massachusetts: “Mass. Ethics Task Force OK’d” by Andy Metzger (State House News Service) for Fitchburg Sentinel & Enterprise

Lobbying

“Trump Campaigned Against Lobbyists, but Now They’re on His Transition Team” by Eric Lipton The New York Times

Florida: “Corcoran’s Changes Target Tallahassee’s ‘Good Ol’ Boy Culture’” by Steve Bousquet for Tampa Bay Times

Missouri: “Former Missouri Lawmaker Registers as Lobbyist After Quitting Early” by Kurt Erickson for St. Louis Post-Dispatch

Last week, a federal judge upheld Alaska’s strict limits on several types of state-level campaign contributions, ruling that they don’t violate the free speech or equal protection clauses of the U.S. Constitution.

The suit was brought by three individuals and District 18 of the Alaska Republican Party against the Alaska Public Offices Commission. The lawsuit challenged state law that prohibits an individual from donating more than $500 annually to a candidate. The lawsuit also sought to overturn state law that sets limits on the amount a candidate can accept from nonresidents and the amount a political party may contribute to a candidate.

All of the challenged provisions of Alaska’s campaign finance laws were upheld as constitutional.

Berkeley voters approved a measure to create a voluntary system of public financing for city elections. Measure X1 does not increase taxes, but amends the City Charter and Municipal Code to allocate $4 per Berkeley resident from the General Fund to a new Fair Elections Fund.

To be eligible for public financing, a candidate must agree to only accept individual contributions of $50 or less from Berkeley residents.

Measure X1 was made possible by the recent passage of SB 1107, which allows any state or local government in California to provide for the public funding of elections.

Lobbying

“Trump Victory Could Mean Big Business for K Street” by Catherine Ho for The Washington Post

“S.F. Budget Set-Asides Mostly Pass; Noncitizens May Get a Vote” by Jenna Lyons and Emily Green for San Francisco Chronicle

Campaign Finance

“FEC Inspector General Says Top Agency Official Duped Her into Releasing Confidential Criticisms” by Dave Levinthal for The Center for Public Integrity

“Arizona AG to Investigate Spending by Minimum-Wage Advocates Yes on 206” by Alia Beard Rau for The Arizona Republic

Ethics

“Feds: Clinton Twp. trustee indicted in Rizzo scandal led us to others” by Tresa Baldas and Christina Hall for Detroit Free Press

“Donald Trump, New York Corruption, and a Loss of Faith in Institutions” by William Fowler for Gotham Gazette

Elections

“Over 70 Nations Have Been Led by Women. So Why Not the U.S.?” by Katrin Bennhold and Rick Gladstone for The New York Times

“The Electoral College Is Hated by Many. So Why Does It Endure?” by Jonathan Mahler and Steve Eder for The New York Times

“What Went Wrong with the 2016 Polls?” by Vann R. Newkirk II for The Atlantic

Campaign finance ballot measure 26-184 passed on November 8 with an 88 percent to 11 percent tally. The measure seeks to limit campaign expenditures and contributions and promote transparency by requiring heightened advertisement funding disclosures.

Measure 26-148 prohibits candidates from receiving more than $500 from any individual or political committee per election cycle and puts an independent expenditure cap at $5,000 for individuals and $10,000 for political committees per county candidate race. This ballot measure comes as a response to the recent increase in big money spending in Multnomah County elections.

Oregon is one of only six states in the country with no campaign contribution limits. The measure is set to be implemented by county ordinance no later than September 1, 2017.

Despite strong support from democrats, Washington voters did not back Initiative 1464. The measure would have required new campaign finance disclosures, limited contributions by lobbyists and government contractors, and imposed a three-year waiting period on lobbying by former public officials and senior staff.

On the other hand, Initiative 735 was approved by 63.84% of voters. The measure will urge the state congressional delegation to propose an amendment to the U.S. Constitution regarding campaign financing. The measure also requests the state to ratify the constitutional amendment once passed by Congress.

Elections

“Donald Trump Is Elected President in Stunning Repudiation of the Establishment” by Matt Flegenheimer and Michael Barbaro for The New York Times

“News Media Yet Again Misreads America’s Complex Pulse” by Jim Rutenberg for The New York Times

“Republicans Keep Control of Congress”  by Eric Bradner for CNN

“GOP Dominates Democrats in Governors’ Races” by Michael J. Mishak and Ben Wieder for The Center for Public Integrity

Missouri: “Missouri Supports Voter ID, Campaign Limits” by the Staff of St. Joseph News Press

Rhode Island: “R.I. Ethics Commission’s Jurisdiction Over Assembly Is Restored” by Alex Kuffner for Providence Journal

South Dakota: “The Latest: Voters choose to allow public campaign finance” by The Associated Press for The Sacramento Bee

Campaign Finance

“Panel Upholds ‘Soft-Money’ Ban but Sends GOP Campaign Finance Challenge to Supreme Court” by Spencer S. Hsu for The Washington Post

Alaska: “Federal Judge Rejects Lawsuit Challenging Alaska’s Limits on Campaign Donations” by Nathaniel Herz for Alaska Dispatch News

Missouri voters approved Constitutional Amendment 2 with nearly 70 percent of voter support. The ballot measure is effective December 8, 2016.

The amendment establishes the Missouri Campaign Contribution Reform Initiative, reinstating campaign contribution limits for individuals or entities contributing to political parties, political committees, or committees to elect candidates for state or judicial office. The initiative also prohibits individuals and entities from intentionally concealing the source of such contributions, and bans direct corporation and labor union contributions to candidates.

State contribution limits, originally approved by voters in 1994, were repealed by the General Assembly in 2008. Constitutional Amendment 2 limits contributions to statewide candidates to $2,600 per election. Contributions to political parties are capped at $25,000 in the aggregate per election at the state, county, municipal, district, ward, and township levels combined.

Citizens of South Dakota voted in favor of lobbying and campaign finance reform. Initiated Measure 22 (IM 22), known as the South Dakota Government Accountability and Anti-Corruption Act, passed by a tally of 52% to 48%.

IM 22 creates a publicly funded campaign finance system and lowers contribution limits as well as new gift limits and revolving door restrictions for former state officials.

Though approved by the voters, the measure may face constitutional challenges in court.

On November 8, California voters approved a proposition directing state elected officials overturn Citizens United.

Overturn of Citizens United Act Advisory Question (Proposition 59) asked voters to affirm state elected officials should use all constitutional authority, including, but not limited to, proposing and ratifying one or more amendments to the U.S. Constitution to overturn Citizens United and other applicable judicial precedents to allow the full regulation or limitation of campaign spending. The proposition also directs the officials to act to make clear corporations should not have the same constitutional rights as human beings.

As of 5:00 a.m., with over 90 percent of the precincts reporting, the proposition passed 52.4 percent to 47.6 percent, according to the California Secretary of State’s office.

Lobbying

“Ex-PMO Aide Bruce Carson Fined $50,000 for Illegal Lobbying” by Marco Vigliotti for The Hill Times

“Incoming Florida House Speaker Bans ‘Texting While Legislating’” by Mary Ellen Klas for Miami Herald

Campaign Finance

“Court Challenge Seeks to Outlaw Super PACs” by Kenneth Doyle for Bloomberg BNA

“California Ethics Watchdog Proposes $57,000 Fine Against Sen. Tony Mendoza” by Taryn Luna for Sacramento Bee

Ethics

“These Officials Help Write Ballot Questions. Companies Write Them Checks.” by Eric Lipton and Robert Faturechi for The New York Times

“2 Ex-Christie Allies Are Convicted in George Washington Bridge Case” by Kate Zernike for The New York Times

“Former Gov. Bob McDonnell Hosts Party to Celebrate Overturned Corruption Conviction” by Alissa Skelton for The Virginian-Pilot

Elections

“Memes, Myself and I: The Internet lets us all run the campaign” by Amanda Hess for The New York Times

“Donald Trump’s Extremist Supporters Feel Like Winners Either Way” by Jonathan Mahler and Julie Turkewitz for The New York Times

“Inside Donald Trump’s Last Stand: An anxious nominee seeks assurance” by Maggie Haberman, Ashley Parker, Jeremy Peters and Michael Barbaro for The New York Times