Lobbying

“K Street Gearing Up for Peak Busy Season” by Catherine Ho for Washington Post

“AT&T Set to Lobby for Merger with Deep Pockets and a Big Network” by Cecilia Kang and Eric Lipton for New York Times

Campaign Finance

“Republican Aaron Schock Fined for Excessively Soliciting Super PAC Funds” by Michael Beckel for Center for Public Integrity

Ethics

“Want a Presidential Appointment? Step 1: Oppo research on yourself” by Sarah Wheaton, Nancy Cook, and Andrew Restuccia for Politico

Massachusetts: “Federal Judge Questions DiMasi Codefendant’s Upcoming Release” by Milton Valencia for Boston Globe

New Jersey: “Bridgegate Offers Peek at Trenton’s ‘Political Shop’” by Dustin Racioppi for MyCentralJersey.com

Pennsylvania: “Is City Soda Tax Contract a Returned Political Favor?” by Claudia Vargas for Philadelphia Inquirer

Elections

“Why Struck-Down Voter ID Laws Trouble Would-Be Voters” by Michael Wines for New York Times

“Why the Justice Dept. Will Have Far Fewer Watchdogs in Polling Places” by Eric Lichtblau for New York Times

“What Drives Donald Trump? Fear of Losing Status, Tapes Show” by Michael Barbaro for New York Times

On October 19, 2016, two bills were introduced to the Michigan Legislature regarding campaign finance and ethics regulation.

House Bill 6007 prohibits, for 18 months after leaving office, a former member of the Michigan Legislature from making expenditures or receiving compensation or reimbursement for actual expenses for lobbying that equal or exceed the limit established to require registration as a lobbyist agent.

House Bill 5959 prohibits campaign contributions except during a year there is a primary, general, or special election for the office the candidate is seeking to be elected.

The Legislature has 11 scheduled days to approve bills for the 2016 legislative session.

On Election Day, Berkeley voters will consider a measure to create a voluntary system of public financing for city elections.

Measure X1 seeks to allow candidates agreeing to limit their acceptance of contributions to $50 or less to qualify for matching funds from the city in the amount of $6 for every $1 raised 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

“Lobbyist-Bashing Trump Was Once a Lobbyist” by Ben Schreckinger for Politico

Florida: “Lobbyist Watch: Broward tourism prez Ritter and her lobbyist spouse” by Brittany Wallman for South Florida Sun Sentinel

Campaign Finance

“How Mega-Donors Helped Raise $1 Billion for Hillary Clinton” by Matea Gold and Anu Narayanswamy for Washington Post

New Mexico: “Official: $1M needed for campaign finance info system” by Morgan Lee (Associated Press) for Albuquerque Journal

Ethics

“Judge Preserves Fattah Bribery Conviction, Overturns Other Parts of June Verdict” by Jeremy Roebuck for Philadelphia Inquirer

California: “California Politician Shows Little Remorse, Gets Prison Time” by Brian Melley (Associated Press) for Sacramento Bee

Illinois: “Cubs Yank World Series Ticket Offer to Chicago Aldermen” by Hal Dardick for Chicago Tribune

Mississippi: “Epps Painted as Aggressor in Miss. Prison Bribery Case” by Jeff Amy (Associated Press) for Hattiesburg American

New York: “Nassau County Executive Is Arrested in Bribery Scheme” by Vivian Yee, William Rashbaum, and Arielle Dollinger for New York Times

Pennsylvania: “Kathleen Kane, Former Pennsylvania Attorney General, Is Sentenced to Prison” by Jon Hurdle and Richard Pérez-Peña for New York Times

Lobbying

California: “Ethics Committee Chair Davis Vacationed with Alleged ‘Lobbyist’ Between Meetings with Her” by Caroline Schuk for Santa Clara Weekly

Campaign Finance

“Insurers Give Big to Races Determining Their Regulators” by Michael Mishak for Center for Public Integrity

Alaska: “APOC Says Anchorage GOP Rep. LeDoux Can Keep Her PAC and Raise Lobbyist Money” by Nathaniel Herz for Alaska Dispatch News

California: “Supervisor Mark Farrell Settles Ethics Fine for $25K, Commissioner Says He Lacks ‘Integrity’” by Joe Fitzgerald Rodriguez for San Francisco Examiner

New York: “NYC Campaign Finance Board Chief Resigning to Focus on Day Job at Consulting Firm” by Erin Durkin for New York Daily News

Wisconsin: “Democrats Call for Laws to Regulate Campaign Coordination, Election-Related Issue Ads” by Matthew DeFour for Wisconsin State Journal

Ethics

“Anti-Semitic Posts, Many from Trump Supporters, Surge on Twitter” by Jonathan Mahler for New York Times

North Carolina: “Federal Authorities Conclude Probe of Governor in Prison Contracts Case” by Craig Jarvis, Ames Alexander, and Joseph Neff for Raleigh News & Observer

Elections

“At Third Debate, Trump Won’t Commit to Accepting Election Results If He Loses” by Karen Tumulty and Philip Rucker for Washington Post

“WikiLeaks’ Gift to American Democracy” by Jim Rutenberg for New York Times

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

On October 20, California’s Fair Political Practices Commission (FPPC) approved a regulation to provide further direction on how nonprofit organizations should report donor names relating to travel payments.

The regulation creates Form 807 for the purpose of disclosing donor information of nonprofits that regularly organize and host travel for elected officials. The regulation will become effective 30 days after the FPPC files it with the Office of the Secretary of State.

Federal:

Companies Used Clinton Fundraisers to Lobby State Department
USA Today – Kevin McCoy | Published: 10/18/2016

While it is widely known that some companies and foreign governments gave money to the Clinton family’s foundations, perhaps in an effort to gain favor, one of the key parts of the puzzle has not been reported: at least a dozen of those same companies lobbied the State Department using lobbyists who doubled as major Clinton campaign fundraisers, according to a USA Today analysis. Those companies gave as much as $16 million to the Clinton charities. At least four of the lobbyists they hired are “Hillblazers,” the campaign’s name for supporters who have raised $100,000 or more for her current White House race.

Dems Use Loophole to Pump Millions into Fight for the House
Politico – Scott Bland | Published: 10/18/2016

The Democratic Party is directing millions of extra dollars to its House candidates this fall by way of a legal loophole that has helped them bypass the typical limits on coordinated spending between parties and candidates, all while linking some vulnerable Republicans to Donald Trump. Typically, FEC regulations limit parties to just $48,100 of spending in direct coordination with most House candidates. But under a decade-old precedent, candidates who word their television ads a certain way can split the cost of those ads with their party, even if that means blowing past the normal coordinated spending caps.

Do Campaign Ads Matter? Donald Trump Gives a Rare Chance to Find Out
New York Times – Lynn Vavreck | Published: 10/19/2016

Since June, there have been roughly 300,000 television commercials on behalf of presidential candidates. Most of them have been in Florida, Ohio, and North Carolina, but a small number have been on national networks. Eighty percent of the ads to date were run by or on behalf of Hillary Clinton, while only 18 percent were shown by or on behalf of Donald Trump. Nearly everywhere the race is competitive, Clinton has run far more ads. Trump prefers a different style of campaigning, with rallies and the free media coverage of them, along with his frequent Twitter posts. Fundraising has taken a back seat. This year is a chance to find out whether Trump’s method is a good substitute for a conventional ad campaign.

Ripples from the ‘How Low Can They Go’ Campaign
New York Times – Patrick Healy and Farah Stockman | Published: 10/16/2016

For voters across party lines, the presidential race was already considered ugly and exhausting, dominated by two candidates many voters find deplorable. And yet it somehow managed to tip into something worse in recent days: a twilight zone of politics where sexual assault accusations have become consuming issues in the final weeks of the campaign. Among many Democrats, despair is setting in that the next president could be, in their minds, a sexual predator. Among many Republicans, disgust is widespread that the next president could be married to a man who was, as they see it, a serial adulterer at best. The election result now seems guaranteed to feel like a violation of the body politic for one half of the country or the other.

From the States and Municipalities:

California – How the Federal Government’s Bribery Case Against 2 Brothers Unraveled
Los Angeles Times – Joel Rubin | Published: 10/17/2016

Last October, FBI agents arrested Sukhbir Singh and his brother Jimmy Sandhu, the owners of a tow truck company. The men were charged with bribing a member of the Huntington Park City Council in an effort to buy his support for higher towing fees. The lead agent in the case laid out in court papers seemingly irrefutable evidence against the men: for more than a year, the council member had been working as an informant and secretly recorded his conversations with the brothers. The recordings appeared to show the men offering money in exchange for the councilperson’s vote. The case, however, was anything but open and shut. Since the arrests, the government’s case against Singh and Sandhu has all but unraveled.

Massachusetts
Federal Judge Asks: Is DiMasi benefiting from political connections?
Boston Globe – Milton Valencia and John Ellement | Published: 10/17/2016

The federal judge tasked with deciding whether to grant former Massachusetts House Speaker Salvatore DiMasi early release from prison demanded to know if DiMasi is benefiting from political connections that have survived his corruption conviction. U.S. District Court Judge Mark Wolf ordered federal prosecutors and attorneys for DiMasi to provide him with more information justifying his early release from prison on compassionate grounds. Wolf expressed concern that releasing a state official convicted of corruption could be seen as prosecutors assisting a politically-connected individual, while lesser-known prisoners with similar health issues do not get the same relief.

Massachusetts
Lawmakers Weigh Call for Special Panel to Review Ethics Laws
Boston Herald; Associated Press | Published: 10/18/2016

A legislative committee held a public hearing on Massachusetts House Speaker Robert DeLeo’s resolution to create an 11-member Task Force on Integrity in State and Local Government. If approved, the task force would review the state’s conflict-of-interest and ethics rules, and campaign finance and lobbying laws. It would also look at the feasibility of extending state lobbying laws to cities and towns. DeLeo began floating the idea of the ethics panel after reports surfaced of a federal investigation into whether state Sen. Brian Joyce had used his official position to boost his private law practice.

Missouri
Amendment 2 Could Bring Campaign Donation Limits Back to Missouri
KWMU – Jason Rosenbaum | Published: 10/14/2016

There is a good chance that Missouri’s system of unlimited campaign contributions may be coming to an end. The ballot measure that would make the change, Amendment 2, has little organized opposition. And a prior ballot initiative in the 1990s that capped political donations passed without much trouble. But even if the measure passes and survives an expected court fight, opponents of the proposal say it may not actually stem the flow of money into Missouri politics. Instead, they contend it may steer a deluge of cash into other types of committees that would not be affected by the amendment.

New York – JCOPE Releases Draft Lobbying, Funding Regulations
Albany Times Union – Chris Bragg | Published: 10/13/2016

The Joint Commission on Public Ethics (JCOPE) proposed new regulations for lobbying in New York. JCOPE is seeking public comments and plans to hold a hearing before it formally considers the proposal drafted by its staff. Changes that follow legislation enacted this year call for lowering the filing threshold for total lobbying expenditures from $50,000 to $15,000 and reducing the minimum contribution amount that requires source disclosure from $5,000 to $2,500. The draft rules would formally expand lobbying to include efforts such as setting up a meeting between a lawmaker and lobbyist, not just directly lobbying a lawmaker. They also clarify the definitions of “grassroots lobbying.”

New York – Lobbyist Todd Howe: $85,000 from Cor Development was a bribe, not a loan
Syracuse.com – Tim Knauss | Published: 10/17/2016

A lobbyist with ties to New York Gov. Andrew Cuomo has a novel argument why he should not be forced to repay a company $85,000: it was meant to be a bribe, not a loan. Cor Development is suing its former lobbyist Todd Howe for the money. Howe has already pleaded guilty for his role in a massive “pay-to-play” scandal involving a number of the governor’s upstate economic development initiatives that led to the arrest of nine Cuomo associates or donors. Among those arrested were two top Cor executives.

Ohio – Former Red-Light Camera Exec Sentenced for Role in Bribery Scheme
Columbus Dispatch – Rick Rouan | Published: 10/19/2016

Karen Finley, the former chief executive officer of Redflex Traffic Systems, was sentenced to 14 months in federal prison for her role in a bribes-for-contracts scheme in Ohio. Investigators said Finley was part of a scheme to funnel $70,000 in bribes through campaign contributions to elected officials in Columbus and Cincinnati to bring red-light cameras to the cities. Lobbyist John Raphael was the middleman in the scheme, according to investigators. Finley and others provided the campaign contributions to Raphael by paying him false invoices for “consulting services,” they said, and Raphael then made personal contributions to the campaigns of elected officials or to the state and local Democratic parties.

South Dakota – National Groups Spar over South Dakota Ballot Measure
Center for Public Integrity – Liz Essley Whyte | Published: 10/13/2016

South Dakotans in November will be asked to vote on a measure that would initiate public financing of campaigns, expand disclosure of political donors, and creating an ethics commission to police legislators’ behavior. Both sides in the debate are planning to spend hundreds of thousands of dollars to get what they want. But neither side hails from South Dakota. It is a twist on the notion that all politics is local. When it comes to statewide ballot measures, most politics is actually national.

Tennessee – Mark Cate, Former Bill Haslam Top Aide, Registers as Lobbyist
The Tennessean – Dave Boucher and Nate Rau | Published: 10/15/2016

The day after The Tennessean published an August investigation into the activities of Mark Cate, Gov. Bill Haslam’s former chief of staff, Cate registered with the state as a lobbyist. The investigation noted Cate’s relationship with several prominent entities and the services he provided during a one-year waiting period, during which elected officials and high-ranking staff members are not allowed to serve as lobbyists. Cate denied lobbying for those companies. In one case, the Nashville Convention & Visitors Corp. (CVC) said Cate was helping with legislation, then later clarified he was not lobbying. Cate has since registered as a lobbyist for the CVC and eight other companies.

Texas – Plagued by Corruption Allegations, Dallas County Now Has Formal Purchasing Rules
Dallas Morning News – Naomi Martin | Published: 10/18/2016

Dallas County commissioners approved a new purchasing manual that leaders hope will strengthen the county’s contracting process, which has long been plagued by allegations of political meddling. Overhauling the troubled purchasing department has taken years. A 2009 outside report first identified 25 shortcomings in the county’s process for managing its hundreds of millions of dollars’ worth of contracts. Commissioner John Wiley Price was indicted in 2014 on federal charges of rigging bids and taking kickbacks, charges he denies, but that highlighted the lack of official oversight.

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.

Rose Gill Hearn, chairwoman of the New York City Campaign Finance Board (NYCCFB), will step down in December.

In Hearn’s September resignation letter, she stated her heavy work load from her primary job as the reason for her departure as chairwoman.

The chairperson of the NYCCFB is appointed by the sitting mayor and serves for five years.

Photo of New York City by AngMoKio on Wikimedia Commons.

Lobbying

“Clinton Has Been Unclear on Curbing Lobbyist Influence” by Annie Linskey for Boston Globe

Campaign Finance

“Dems Use Loophole to Pump Millions into Fight for the House” by Scott Bland for Politico

“Do Campaign Ads Matter? Donald Trump Gives a Rare Chance to Find Out” by Lynn Vavreck for New York Times

New York: “Federal Inquiry into Mayor de Blasio Is Said to Focus on Whether Donors Got Favors” by William Rashbaum for New York Times

Ohio: “Former Red-Light Camera Exec Sentenced for Role in Bribery Scheme” by Rick Rouan for Columbus Dispatch

Ethics

“Clinton and Trump Transitions Must Follow Strict Ethics Rules, Groups Say” by Elise Viebeck for Washington Post

Connecticut: “Former Mayor Eddie Perez Has Corruption Convictions Vacated” by David Owens for Hartford Courant

Massachusetts: “Lawmakers Weigh Call for Special Panel to Review Ethics Laws” by The Associated Press for Boston Herald

Elections

“At Third Debate, Trump Won’t Commit to Accepting Election Results If He Loses” by Karen Tumulty and Philip Rucker for Washington Post

Procurement

Texas: “Plagued by Corruption Allegations, Dallas County Now Has Formal Purchasing Rules” by Naomi Martin for Dallas Morning News

Lobbying

Pennsylvania: “Judge Tosses Case Against Philly Lobbyist Accused of Misspending Welfare Grants” by Jeremy Roebuck for Philadelphia Inquirer

Tennessee: “Mark Cate, Former Bill Haslam Top Aide, Registers as Lobbyist” by Dave Boucher and Nate Rau for The Tennessean

Campaign Finance

Missouri: “Donors Behind $2M Check to Missouri’s Greitens Still Secret” by Summer Ballentine (Associated Press) for ABC News

Ethics

“Hacked Emails Show Extent of Foreign Government Donations to Clinton Foundation” by Rosalind Helderman for Washington Post

Michigan: “Trash Hauler Rizzo Key Player in Macomb County Corruption Probe” by Tresa Baldas and Christina Hall for Detroit Free Press

Elections

“Officials Fight Donald Trump’s Claims of a Rigged Vote” by Jonathan Martin and Alexander Burns for New York Times

“Ripples from the ‘How Low Can They Go’ Campaign” by Patrick Healy and Farah Stockman for New York Times

North Carolina: “No Suspects: Local GOP headquarters set ablaze in N.C., swastika spray-painted nearby” by Derek Hawkins for Washington Post

Redistricting

“Obama, Holder to Lead Post-Trump Redistricting Campaign” by Edward-Isaac Dovere for Politico

On October 18, the Massachusetts House of Representatives will consider whether to create a temporary committee to review the state’s ethics laws.

The panel, called the Task Force on Integrity in State and Local Government, is being promoted by House Speaker Robert DeLeo. Its purpose would be to review laws concerning lobbying, campaign finance, and ethics.

If approved, the task force will file a report with the governor, the president of the Senate, and the speaker of the House regarding the results of its investigation and study by December 23, 2016.

Lobbying

California: “Proposition T Would Curtail Lobbyist Influence over City Hall” by Joe Fitzgerald Rodriguez for San Francisco Examiner

New York: “JCOPE Releases Draft Lobbying, Funding Regulations” by Chris Bragg for Albany Times Union

New York: “JCOPE rules would regulate tweets, Facebook posts” by Chris Bragg for Albany Times Union

Campaign Finance

“RNC TV Ad Spending for Trump: $0” by Kenneth Vogel and Alex Isenstadt for Politico

“Cut Ties to Donald Trump, Big Donors Urge R.N.C.” by Jonathan Martin, Alexander Burns, and Maggie Haberman for New York Times

California: “State Watchdog Unveils Online Complaint System” by Taryn Luna for Sacramento Bee

Missouri: “Amendment 2 Could Bring Campaign Donation Limits Back to Missouri” by Jason Rosenbaum for KWMU

Texas: “Texas Ethics Commission Ends 4-Year Probe into Empower Texans” by Sean Collins Walsh for Austin American-Statesman

Wisconsin: “Ethics Panel: OK for lawmaker to create his own political action committee” by Mark Sommerhauser for Wisconsin State Journal

Ethics

New Jersey: “Bridgegate Official Misconduct Complaint Against Christie Can Move Forward” by Myles Ma for Newark Star-Ledger

South Dakota: “National Groups Spar over South Dakota Ballot Measure” by Liz Essley Whyte for Center for Public Integrity

The U.S. Supreme Court recently denied the state of Colorado’s petition for review of a 2016 federal appeals court ruling regarding state campaign finance rules.

In Coalition for Secular Government v. Williams, the United States Court of Appeals for the 10th Circuit affirmed a lower court’s ruling declaring the state’s issue committee regulatory framework unconstitutional as applied to the plaintiff, but declined to address the facial validity of the Colorado Constitution’s $200 threshold for issue committee reporting. The strength of the public’s interest in issue committee disclosure depends, in part, on how much money the issue committee has raised or spent.

The appeals court agreed with the 9th Circuit’s characterization of the sliding scale by noting “. . . the value of this financial information to the voters declines drastically as the value of the expenditure or contribution sinks to a negligible level. As the monetary value of an expenditure in support of a ballot issue approaches zero, financial sponsorship fades into support and then into mere sympathy” [Appellate Case: 14-1469; see Canyon Ferry Rd. Baptist Church of E. Helena, Inc. v. Unsworth, 556 F.3d 1021, 1033 (9th Cir. 2009)].