National:

Scorecard: Essential disclosure requirements for contributions to state campaigns, 2016
National Institute on Money in State Politics; Staff –   | Published: 3/15/2016

The National Institute on Money in State Politics released its latest review of campaign finance transparency across the country. The institute formulated its national scorecard to grade states’ disclosure practices governing direct contributions to state candidates, state political parties, and, where applicable, committees that support or oppose any kind of statewide ballot question. Twenty-nine states received a “B” or better, including 10 that earned an “A”; conversely, 12 states got a “D” or worse, including eight that flunked. Scores varied widely across the country, with almost every region represented on each side of the grading spectrum. Maine led the way with a perfect score. Mississippi stood alone at the opposite pole with only 37.5 points.

The U.S. Has ‘Worst Elections of Any Long-Established Democracy,’ Report Finds
Washington Post – Rick Noack | Published: 3/21/2016

The U.S. ranked 47th worldwide, out of 139 countries, in a comparison of election standards and procedures. The survey is a measure of dozens of factors, including voter registration, campaign financing rules, election laws, the voting process, and vote count. Overall, one in six elections around the world were considered electoral failures. But in general, countries in the Americas and Central and Eastern Europe, as well as in Asia, were considered to be on the winning side in terms of electoral integrity, with Scandinavian and Western European nations topping the lists.

Federal:

GOP Campaigns Hunt for Convention Killer App
Politico – Robert Samuelsohn | Published: 3/24/2016

Tracking, counting, and potentially swaying the Republican National Convention’s 2,472 delegates amid a maze of confusing rules is a critical function in a nominating process that figures to be contested, which is why the campaigns have already embarked on a once-in-a-generation feat of political and technological engineering. The goal is not necessarily an app, but rather some combination of technology designed for the first contested national convention in 40 years. While campaigns for statewide office have used delegate-tracking data technology in state party conventions and even at recent national party conventions, nothing on the scale of what would be required for the summer of 2016 has ever been attempted.

How ‘Ghost Corporations’ Are Funding the 2016 Election
Washington Post – Matea Gold and Anu Narayanswamy | Published: 3/18/2016

A growing cadre of mystery groups are financing super PACs. Many were formed just days or weeks before making six- or ­seven-figure contributions, an arrangement that election law experts say violates a long-standing federal ban on straw donors. But the individuals behind the “ghost corporations” appear to face little risk of reprisal from a deeply polarized FEC, which recently deadlocked on whether to even investigate such cases. Advocates for stronger campaign-finance enforcement fear there will be even more pop-up limited liability corporations funneling money into independent groups, making it difficult to discern the identities of wealthy players seeking to influence this year’s presidential and congressional contests.

Trump Wannabes Shake Up Cable Airwaves
Politico – Hadas Gold | Published: 3/21/2016

These days, with Donald Trump steamrolling to the Republican nomination while so many party regulars oppose him, the cable networks have little choice but to look outside their comfort zone for talking heads. They have almost endless hours of airtime to fill, and most of their regular conservative commentators – the ones kept on a retainer to be available at odd hours – are arrayed against Trump. Some speakers now have A-list status for the simple reason that they favor Trump. While their relationships to the Trump campaign range from loose to very loose, they do share their favored candidate’s penchant for eye-popping comments.

From the States and Municipalities:

Alabama – Alabama Governor, Robert Bentley, Denies Having Affair with Aide
New York Times – Alan Blinder | Published: 3/23/2016

Alabama Gov. Robert Bentley admitted he made inappropriate remarks to a top female staffer, but denied accusations they had a “physical affair.” The governor’s admission capped a bizarre day in which, a day after his firing, his former law enforcement secretary and one-time close friend made public the content of a clandestine recording, made by a family member before Bentley’s wife filed for divorce last year, and accused his former boss of having an inappropriate relationship with the staffer. The governor, a former Baptist deacon, acknowledged he said “some inappropriate things” to his senior political adviser, Rebekah Caldwell Mason.

California – Former L.A. City Council Aide, Wife Acquitted of Embezzlement in Corruption Case
Los Angeles Times – Marisa Gerber | Published: 3/22/2016

Jurors found Robert Katherman, Jr. and his wife, Marilyn, not guilty of misappropriation of public funds and embezzlement. A third defendant, Ronald Smith, treasurer of the West Basin Municipal Water District, pleaded guilty in 2014 to embezzling nearly $20,000 from the agency. Prosecutors alleged Smith, persuaded the water agency to give paid sponsorships to the Adopt a Stormdrain Foundation. The Kathermans were members of the nonprofit’s board. The couple, prosecutors argued, steered money to Smith, who used the funds to pay for tennis and dance lessons for his children and to fix his boat. But defense attorneys argued Smith deceived Rob Katherman into believing the checks covered educational grants, and that Marilyn Katherman had nothing to do with them at all.

Florida – Trump Camp Says $25,000 Charity Contribution to Florida AG Was a Mistake
Washington Post – David Fahrenthold and Rosalind Helderman | Published: 3/22/2016

Donald Trump’s aides admitted his charitable foundation made mistakes when it donated to Florida Attorney General Pam Bondi’s political committee. In 2013, the Trump Foundation gave $25,000 to And Justice for All, a committee supporting Bondi’s re-election bid. But federal tax law bans 501(c)(3) charities like the Trump Foundation from contributing to political campaigns. Citizens for Responsibility and Ethics in Washington asked for an IRS investigation into whether the foundation should lose its tax-exempt status and whether its accountants committed perjury by not properly disclosing a political contribution on its tax forms.

Indiana – Hogsett to Lobbyists: Disclose gifts, or face ban
Indianapolis Star – Brian Eason | Published: 3/23/2016

Indianapolis Mayor Joe Hogsett wants to close loopholes in the city ethics code with a package of reforms introduced recently. The proposed ordinance would strengthen reporting requirements, impose stronger penalties for violations, and create a web portal for easier public access to ethics disclosures. Thomas Cook, the mayor’s chief of staff, said the existing law lists certain gifts a lobbyist has to report, such as food, entertainment, and travel expenses, meaning lobbyists can omit those that do not fall into specific categories. Another problem, Cook says, was a lack of teeth. In addition to existing fines, lobbyists under the proposal could incur lifetime bans for themselves and their firms if they repeatedly break the rules, while contractors who violate the ordinance could be banned for a single offense.

Massachusetts – Large Donations Help Mass. GOP Avoid State Cap
Boston Globe – Frank Phillips | Published: 3/17/2016

Wealthy individuals with interests before state government are helping to keep the usually financially strapped Massachusetts Republican Party flush with cash and circumventing the state’s strict limits on political contributions and transparency requirements. These large donations are funneled through the Massachusetts Victory Committee, a joint fundraising effort between the state and national parties. Because of its national component, it was set up under federal guidelines, which allows annual donations up to $43,400, far above the $5,000 cap set for state-regulated political donations to party accounts and the $1,000 annual limit for contributions to Gov. Charlie Baker’s campaign committee. This appears to be the only such arrangement nationwide, according to FEC filings.

Mississippi – Many Mississippi Officials Take from Closed Campaign Accounts, Review Reveals
New York Times; Associated Press –   | Published: 3/20/2016

An Associated Press review shows that of 99 elected officials in Mississippi who have left office in recent years, as many as 25 may have pocketed more than $1,000 when they closed their campaign accounts. At least five former officeholders took more than $50,000. Mississippi is one of five states where such withdrawals are legal as long as state and federal income taxes are paid, with no restrictions on how the money is spent. A proposal to end the practice has consistently failed to win support from lawmakers; it died again this year without even a committee vote. Experts say the practice makes campaign contributions perilously close to bribes.

Montana – For Some Montana Office Seekers, It’s Not about Winning
Great Falls Tribune – Bobby Caina Calvan (Associated Press) | Published: 3/20/2016

Montana law allows campaign donors to give a gubernatorial candidate a maximum of $1,320 – up to $660 in the primary and another $660 in November’s general election. But without a primary challenger, candidates would have to send back any amount exceeding $660. Most states have limits on campaign contributions, but Montana and South Carolina may be the only ones requiring candidates to return money when they run unopposed. Some say Montana law should be changed to prevent “paper candidates.” It has become a ritual among Montana election watchers to see who Democrats and Republicans can wrangle into key races to skirt campaign finance rules.

New York – Harold Ickes, Mentor to Mayor Bill de Blasio, Builds Lobbying Victories
New York Times – Michael Grynbaum | Published: 3/19/2016

On his path to becoming mayor of New York City, Bill de Blasio has long relied on Harold Ickes, whom he calls his mentor. Ickes has advised de Blasio’s campaigns, introduced him to wealthy donors, and recommended him for a breakthrough job managing Hillary Clinton’s run for U.S. Senate. Shortly after de Blasio’s election in 2013, Ickes opened a New York branch of his lobbying firm. Although he had not lobbied in the city for nearly a decade, Ickes proved a quick study, collecting about $1 million in fees and securing wins for major clients. The mayor has said his friendship with Ickes does not influence his decision-making, or the city’s treatment of his mentor’s clients. But an examination of public records obtained shows the close relationship has given Ickes extraordinary access, enabling him to push his clients’ interests directly to the city’s top officials.

New York – Oft-Criticized Ethics Watchdog Names Cuomo Aide as Executive Director
Gotham Gazette – David Howard King | Published: 3/23/2016

The Joint Commission on Public Ethics (JCOPE) picked a former aide to New York Gov. Andrew Cuomo as its new director. JCOPE chose Seth Agata a former counsel to Cuomo and the governor’s pick last year to serve as chairperson of the Public Employment Relations Board. Agata will be the board’s third consecutive director with close ties to Cuomo. Critics have questioned JCOPE’s effectiveness and whether Cuomo has too much influence over its work. Blair Horner of the New York Public Interest Research Group said he had known Agata for years and he was an “honest, hard-working straight shooter. … Whether he’s independent enough or not is the question.”

Ohio – Security Officials Brace for GOP Convention amid Trump Protests, Brussels Attack
Politico – Anna Palmer | Published: 3/23/2016

Cleveland is preparing to host the Republican National Convention during one of the most tumultuous presidential elections in decades. Tensions are escalating as Donald Trump warns of “riots” if he is denied the nomination at the July convention. Add two major terrorist attacks abroad in four months into the cauldron, including the bombings in Brussels, and it is not hard to imagine the potential for chaos at the convention this summer. Still, convention organizers and security officials say they are ready to execute a plan that was in the works before fisticuffs broke out regularly at Trump’s rallies.

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

Campaign Finance

“Money Can’t Buy Love – or in Some Cases, Even Elections” by Alex Roarty for Roll Call

“Trump Camp Says $25,000 Charity Contribution to Florida AG Was a Mistake” by David Fahrenthold and Rosalind Helderman for Washington Post

Florida: “Committee Votes to Ban Personal Spending of Campaign Money” by Geoff Pender, Kate Royals, and Jimmie Gates for Jackson Clarion-Ledger

West Virginia: “Supreme Court Agrees Benjamin, Wooton Should Get Public Campaign Financing” by Phil Kabler for Charleston Gazette

Ethics

California: “Former L.A. City Council Aide, Wife Acquitted of Embezzlement in Corruption Case” by Marisa Gerber for Los Angeles Times

Florida: “Florida State Fair Executive Director Resigned after Accepting Rays Tickets and Hot Tub” by Tony Marrero and Sue Carlton for Tampa Bay Times

New York: “Oft-Criticized Ethics Watchdog Names Cuomo Aide as Executive Director” by David Howard King for Gotham Gazette

Vermont: “Full Disclosure? Slow Going for Ethics Reform in the Vermont Senate” by Paul Heintz for Seven Days

Elections

“Presidential Candidates Walking a Tightrope over the Fight on Terrorism” by David Sanger and Maggie Haberman for New York Times

“Trump’s Growing List of Apostasies Puts Him at Odds with Decades of Republican Beliefs” by Philip Rucker and Dan Balz for Washington Post

Legislative Issues

Minnesota: “A New Internship Program Aims to Inject Diversity at the Minnesota Capitol” by Mila Koumpilova for Minneapolis Star Tribune

Lobbying

California: “Tech Consultants May Soon Have to Register as Lobbyists” by Samantha Young for Techwire.net

Missouri: “Lobbyists, Liaisons Would Take Sexual Harassment Training under Measure” by Alex Stuckey for St. Louis Post-Dispatch

Campaign Finance

“Will a Liberal Supreme Court Limit Money in Politics?” by Mark Schmitt for New York Times

Montana: “Lawsuit Says Disclose Act is Unconstitutionally Overbroad” by James DeHaven for Helena Independent Record

Vermont: “Corren, Attorney General Still at Odds on Campaign Finance Case” by David Gram (Associated Press) for Rutland Herald

Elections

“How Does Trump Get So Much Air Time? Media Ethics under Fire” by Harry Bruinius for Christian Science Monitor

“Clinton and Trump Win Arizona; Cruz Picks Up Utah; Sanders Takes 2” by Jonathan Martin for New York Times

Ethics

New York: “Another Cuomo Insider for JCOPE” by Casey Seiler for Albany Times Union

Legislative Issues

“Congress Setting New Bar for Doing Nothing” by Lauren French for Politico

Kansas: “Kansas Senate Passes Judicial-Impeachment Bill” by Dion Lefler for Wichita Eagle

Lobbying

New York: “Nonprofit Linked to Mayor de Blasio Is Closing” by J. David Goodman for New York Times

New York: “Harold Ickes, Mentor to Mayor Bill de Blasio, Builds Lobbying Victories” by Michael Grynbaum for New York Times

Campaign Finance

“Scorecard: Essential disclosure requirements for contributions to state campaigns, 2016” by Staff for National Institute on Money in State Politics

“How ‘Ghost Corporations’ Are Funding the 2016 Election” by Matea Gold and Anu Narayanswamy for Washington Post

Massachusetts: “Large Donations Help Mass. GOP Avoid State Cap” by Frank Phillips for Boston Globe

Mississippi: “Many Mississippi Officials Take from Closed Campaign Accounts, Review Reveals” by The Associated Press for New York Times

Montana: “For Some Montana Office Seekers, It’s Not about Winning” by Bobby Caina Calvan (Associated Press) for Great Falls Tribune

Elections

“The U.S. Has ‘Worst Elections of Any Long-Established Democracy,’ Report Finds” by Rick Noack for Washington Post

“Trump Wannabes Shake Up Cable Airwaves” by Hadas Gold for Politico

Ohio: “Cleveland Prepares for Unrest at GOP Convention” by Tracy Jan for Boston Globe

Redistricting

Virginia: “Supreme Court May Decide against Va. Republicans in Redistricting Fight” by Robert Barnes and Jenna Portnoy for Washington Post

Lobbying

Illinois: “Cook County Lobbyists Were Paid $2.95 Million to Lobby County Officials in 2015, Most Ever, Report Says” by Carrie Baden for Cook County Report

Campaign Finance

Montana: “Campaign Violation Backlog Cleared, but Enforcement Needed” by Matt Volz (Associated Press) for Brown County Democrat

South Carolina: “SC Lt. Gov. McMaster Ordered to Repay $72,700 in Campaign Contributions” by Andrew Shain for The State

Ethics

“GOP Lawmaker’s ‘Meals with Constituents’ Draw Scrutiny” by Scott Wong for The Hill

Connecticut: “Administrator Who Angered Watchdog Agencies Resigns” by Jon Lender for Hartford Courant

New York: “Albany Area Lawmakers Who Also Run Businesses Criticize Outside Income Limit Proposals” by Marie French for Albany Business Review

Pennsylvania: “Wolf’s Reform Plan Targets Campaign Cash, Gifts to Lawmakers” by Marc Levy (Associated Press) for WPXI

Elections

“The Great Unsettling” by David Maraniss and Robert Samuels for Washington Post

A lawsuit seeking to eliminate the “LLC loophole” for political contributions was dismissed this week. The loophole, which allows large contributions by organizations controlling many limited liability companies, treats each limited liability company as a separate entity capable of contributing the maximum amount an individual may give.

Gov. Cuomo and Assembly Democrats support closure of the loophole, and the decision is expected to be appealed to the Appellate Division of the Third Judicial District of New York.

National:

Even as Political Spending Explodes, Disclosure Remains Hazy
CTNewsJunkie.com – Mary Spicuzza (Milwaukee Journal Sentinel) and Jeremy White (Sacramento Bee) | Published: 3/15/2016

So-called dark money spending is expected to explode during this presidential election year. Congress could require more disclosure about who is financing campaigns, but it has made no move to do so. Attempts to force more disclosure from outside special interest groups have succeeded in some states. But there is a limit to what states can do, since they do not have oversight of spending on federal races, which are consistently the costliest elections. While some state election agencies have moved to make more donor information public, they often struggle to win support from lawmakers, said Denise Roth Barber of the National Institute on Money in State Politics.

Federal:

Donald Trump’s Presidential Run Began in an Effort to Gain Stature
New York Times – Maggie Haberman and Alexander Burns | Published: 3/12/2016

During his remarks at the White House Correspondents’ Association Dinner in 2011, President Obama lampooned Donald Trump. After the dinner ended, Trump quickly left, appearing upset. That evening of public abasement accelerated Trump’s efforts to gain stature within the political world. And it captured the degree to which his campaign is driven by a yearning sometimes obscured by his bluster and bragging: a desire to be taken seriously. That desire has played out over the last several years within a Republican Party that placated and indulged him, and accepted his money and support, seemingly not grasping how determined he was to become a major force in American politics. In the process, the party bestowed upon Trump the kind of legitimacy that he craved, which has helped him pursue a credible bid for the presidency.

Rubio’s Demise Marks the Last Gasp of the Republican Reboot
Washington Post – Robert Costa and Philip Rucker | Published: 3/15/2016

U.S. Sen. Marco Rubio dropped out of the presidential race after losing the Florida primary to Donald Trump and failing to unite the Republican establishment against the front-runner. Since Mitt Romney’s loss in 2012, the Republican National Committee and leading voices at think tanks and editorial boards have charted a path back to the White House based on inclusive rhetoric and a focus on middle-class issues. Nobody embodied that vision better than Rubio, a standard-bearer for conservative orthodoxy who readily embraced the proposals of the right’s elite thinkers. But his once-promising candidacy, as well as the conservative reform movement’s playbook, was spectacularly undone by Trump and his defiant politics of economic and ethnic grievance. The drift toward visceral populism became an all-consuming rush, leaving Rubio and others unable to adjust.

Supreme Court Nomination Drives Groups from Left and Right to Fight
New York Times – Eric Lipton | Published: 3/16/2016

With the selection by President Obama of Merrick Garland to fill the vacancy on the U.S. Supreme Court, advocacy groups from the left and the right are now fully engaged in what both sides agree will be a highly contentious nomination fight, even if the Senate never formally considers the president’s choice. Part of the intensity is a reflection of the enormous and diverse range of special interest groups that have decided to engage in this fight, which will be the first in an age in which social media has become a dominant force. In many cases, the groups have set aside longstanding tensions that have prevented them from teaming up in a unified way.

Wild Card for Trump: Who gets to be a convention delegate?
Washington Post – Karen Tumulty and Jose DelReal | Published: 3/16/2016

With more than half the states having now held their nominating contests, Donald Trump and U.S. Sen. Ted Cruz are directing their attention to a second, shadow election campaign – one that is out of sight and little understood but critical if Republicans arrive at their national convention with Trump short of a majority of delegates. This parallel campaign is to select the individual delegates who will go to Cleveland in July for what could be the first contested convention in more than 60 years. Chosen through a byzantine process in each state, most of the delegates will become free agents if no one wins a majority on the first ballot. The mere prospect that delegates could deny Trump the nomination led him to predict that violence could erupt in such a scenario.

From the States and Municipalities:

California – FPPC Votes to Tighten California Lobbying Regulations
Sacramento Bee – Taryn Luna | Published: 3/17/2016

The California Fair Political Practices Commission (FPPC) voted to narrow a regulation that allows people to avoid identifying themselves as lobbyists by attending Capitol meetings as experts. The regulation has faced scrutiny as a way for former legislators and officials to skirt state rules requiring they wait a year after leaving office to lobby their former colleagues. The changes approved by the FPPC state that the “ride-along” participant must work for the lobbyist employer and can only act as an expert on subject matter related to the legislation under discussion.

California – How a State Senator – Whose Family is in the Taxi Business – Put the Brakes on Two Uber Bills
Los Angeles Times – Liam Dillon | Published: 3/11/2016

San Diego taxi company owner Alfredo Hueso is a frustrated businessperson. He believes state regulations are helping companies like Uber and Lyft rob him of business. And as he complained in a recent letter to the state Senate president, elected leaders are not doing anything to fix the problem. In that battle, though, Hueso has one advantage over the ridesharing companies: his younger brother is state Sen. Ben Hueso, an important advocate in Sacramento for the taxi industry. Since his election to the Legislature more than five years ago, Sen. Hueso has pushed for stiffer regulation of rideshare companies amid a battle playing out all over the country. At the same time, the burgeoning industry has stepped up its attempt to influence policy in Sacramento.

Florida – FBI Agents Blow Lid Off Opa-locka City Hall Corruption Probe
Miami Herald – Jay Weaver, Michael Sallah, and Katie Lepri | Published: 3/10/2016

Federal agents raided Opa-locka City Hall to gather official records, computers, and other evidence in a public corruption probe zeroing in on top public officials, including the mayor and other city commissioners. The FBI’s search follows a two-year investigation into allegations of kickback schemes between government contractors and public officials, according to law enforcement sources familiar with the case. The crackdown comes at a time when Opa-locka, one of Miami-Dade County’s poorest cities, has been struggling with a financial crisis stemming from millions of dollars in uncollected revenue and mismanagement.

Hawaii – Honolulu Ethics Director on Leave after Internal Investigation
Honolulu Civil Beat – Anita Hofschneider | Published: 3/14/2016

Chuck Totto, the Honolulu Ethics Commission’s longtime executive director, is on leave following an independent investigation by the commissioners into the management of the agency’s staff. He has been gone since March 1 and plans to return on April 4. Totto has had a contentious relationship with Mayor Kirk Caldwell and, increasingly, the commission over the last three years.

Hawaii – Passing The Buck: When Hawaii politicians give to each other
Honolulu Civil Beat – Nathan Eagle | Published: 3/15/2016

Hawaii law prohibits candidates from using their own campaign funds to support others running for office. But some state legislators and other officeholders have long gotten around the ban through a loophole that lets them buy up to two tickets to another politician’s fundraiser for an amount often equal to the maximum allowable individual campaign contribution. Now the Legislature is considering a bill that would remove the need to hold a fundraiser and simply allow direct campaign donations between candidates, something critics contend amounts to buying influence.

Michigan – Could More Government Transparency Help Prevent Another Flint?
Christian Science Monitor – Jessica Mendoza | Published: 3/17/2016

The drinking water crisis in Flint, which left about 200 children diagnosed with dangerous levels of lead in their blood, underscored not only officials’ failure to address concerns about the city’s water quality, open government advocates say. It also reflects an overall lack of transparency in Michigan’s government, which two watchdog groups characterized as the worst in the nation. As some, but not all, e-mails related to the decision to switch Flint’s water source have been released, it also has called to question loopholes in the state’s Freedom of Information Act, which some say allowed officials to function with little public oversight. More broadly, the situation has renewed national conversation about the value of the public’s right to know and the role of accountability in effective governance.

New Mexico – Questions Raised about Martinez’s Inaugural Spending
Las Cruces Sun-News – Justin Horwath | Published: 3/14/2016

How the nearly $1 million that Susana Martinez’s inaugural committee raised was spent has remained largely a mystery and was, until recently, among the subjects of a long-running FBI investigation into Jay McCleskey, the governor’s top political adviser. McCleskey’s lawyer said the FBI has dropped its inquiry and no grand jury indictment is forthcoming. Records obtained by The Santa Fe New Mexican provide details into the committee’s spending, including more than $130,000 that went to companies connected to McCleskey. The documents also provide strong evidence that, despite the committee’s promises to the contrary, some of the 2010 inaugural money was used for fundraising for Martinez’s 2014 re-election campaign. The committee had promised to donate all unspent money to charity.

New York – Suit to Close LLC Loophole Tossed
Albany Times Union – Chris Bragg | Published: 3/16/2016

A judge has dismissed a challenge to the New York Board of Elections’ treatment of limited liability companies (LLCs). The board treats LLCs as individuals for the purpose of determining campaign contribution limits, which allows those who control many of them give politicians far more than the caps that apply to other individuals. The Brennan Center for Justice brought a case challenging this interpretation. State Supreme Court Justice Lisa Fisher dismissed the case, finding the statute of limitations against the 1996 board decision had passed. She also wrote that the treatment of LLCs “has all the hallmarks of a political question best suited for resolution through legislative action.”

Washington – Judge Finds Grocery Group Violated Campaign Laws in 2013
Tacoma News-Tribune – Donna Gordon Blankinship (Associated Press) | Published: 3/11/2016

A judged ruled the Grocery Manufacturer’s Association (GMA) violated Washington’s campaign finance disclosure laws by hiding the identities of corporate donors that were funding efforts to defeat a food labeling initiative in the state. But Superior Court Judge Anne Hirsch said the case has to go to trial to determine what fine the group will pay; the amount depends on whether the violation was intentional. The GMA raised $14 million from corporations to fight Initiative 522 and then donated $11 million in the organization’s name. State Attorney General Bob Ferguson sued the association in October 2013.

Washington – Voters Could Get $150 to Give to Candidates under Proposed Initiative
Seattle Times – Jim Brunner | Published: 3/14/2016

Washington voters would be allowed to make $150 in taxpayer-funded donations to legislative candidates every two years under a ballot initiative proposal. Backers of the measure, aimed at the November 2016 ballot, say it would curb the influence of moneyed special interests by creating the new public campaign financing system, modeled in part on a “Democracy vouchers” initiative approved by Seattle voters last year. It also would make a host of changes to state campaign finance and lobbying laws, including a $100 limit on campaign donations by government contractors and lobbyists to candidates for offices with power to benefit them.

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

Campaign Finance

“Even as Political Spending Explodes, Disclosure Remains Hazy” by Mary Spicuzza (Milwaukee Journal Sentinel) and Jeremy White (Sacramento Bee) for CTNewsJunkie.com

Arizona: “House Panel OKs Significant Changes to Campaign Finance Laws” by Howard Fischer (Capitol Media Services) for Arizona Daily Star

Hawaii: “Honolulu Ethics Director on Leave after Internal Investigation” by Anita Hofschneider for Honolulu Civil Beat

Hawaii: “Passing The Buck: When Hawaii politicians give to each other” by Nathan Eagle for Honolulu Civil Beat

Washington: “Voters Could Get $150 to Give to Candidates under Proposed Initiative” by Jim Brunner for Seattle Times

Ethics

“Supreme Court Nomination Drives Groups from Left and Right to Fight” by Eric Lipton for New York Times

California: “‘Dark Money’ Measure Pulled by California Campaign Reform Backers” by Taryn Luna for Sacramento Bee

California: “How a State Senator – Whose Family is in the Taxi Business – Put the Brakes on Two Uber Bills” by Liam Dillon for Los Angeles Times

Florida: “FBI Agents Blow Lid Off Opa-locka City Hall Corruption Probe” by Jay Weaver, Michael Sallah, and Katie Lepri for Miami Herald

West Virginia:”Lawmakers Killed Ethics Bills on Session’s Last Day” by Eric Eyre for Charleston Gazette

Elections

“Hillary Clinton Wins 4 Races, Rebounding From Michigan Loss” by Patrick Healy and Amy Chozick for New York Times

“Donald Trump Takes 3 States; John Kasich Wins Ohio” by Jonathan Martin and Alexander Burns for New York Times

“Rubio’s Demise Marks the Last Gasp of the Republican Reboot” by Robert Costa and Philip Rucker for Washington Post

Legislative Issues

“Capitol Benches That Provided Comfort to Lobbyists Have Been Ordered Removed” by Nathaniel Herz for Alaska Dispatch News

Proponents of the Voters Right to Know Act suspended their campaign for a California ballot measure to trace dark money and tighten lobbying and campaign finance regulations. Jim Heerwagen, who led the campaign, said he is ending the work on the initiative because there are now several bills in the Legislature that cover the same issues.

Heerwagen cited Senate Bill 1349, introduced to create a new campaign finance database, as one of the pending bills that would carry out the goal of his campaign.

Lobbying

California: “California Watchdog Considers Rule Narrowing Secret Lobbying” by Alison Noon (Associated Press) for Los Angeles Daily News

Florida: “Broward Commissioners Reject ‘Gift’ from Boys & Girls Club” by Brittany Wallman for South Florida Sun Sentinel

New Jersey: “Sweeney’s Office and Horizon Swapped Notes before Key Speech” by Susan Livio (NJ Advance media) for Newark Star-Ledger

North Carolina: “Group Attacks NC House Member Justin Burr for Dating a Lobbyist” by Colin Campbell for Raleigh News & Observer

Vermont: “Lawmakers Switch Tack on Lobbyist Donations” by Jasper Craven and Anne Galloway for VTDigger.org

Virgina: “Virginia Legislative Session Ends with Agreements and Bickering” by Travis Fain for The Daily Press

Campaign Finance

New Mexico: “Questions Raised about Martinez’s Inaugural Spending” by Justin Horwath for Las Cruces Sun-News

Virgina: “Lawmakers Switch Tack on Lobbyist Donations” by Jasper Craven and Anne Galloway for VTDigger.org

Washington: “Judge Finds Grocery Group Violated Campaign Laws in 2013” by Donna Gordon Blankenship (Associated Press) for Tacoma News-Tribune

Ethics

New York: “Heastie Outlines Assembly Ethics Plan” by David Howard King for Gotham Gazette

South Carolina: “Group Sends SC House Members $2 Each, Asking for their Vote” by Jamie Self for The State

Elections

“Donald Trump’s Presidential Run Began in an Effort to Gain Stature” by Maggie Haberman and Alexander Burns for New York Times

Legislative Issues

Alabama: “Momentum to Remove Confederate Symbols Slows or Stops” by Alan Blinder for New York Times

Campaign Finance

“K Street Money Set Looks to Contain Trump Damage” by Anna Palmer and Jake Sherman for Politico

California: “Citizens United Is Only 15% of the Political Cash Problem” by Nick Penniman and Wendell Potter for Los Angeles Times

Ethics   

Florida: “Bill Aimed at Cutting Public Corruption Goes to Gov. Scott” by The Associated Press for WINK

New York: “New York Assemblywoman Sexually Harassed Aide, Ethics Panel Says” by Vivian Yee for New York Times

Elections

“Can Labor Still Turn Out the Vote?” by Steven Greenhouse for New York Times

“Soros and Other Liberal Donors to Fund Bid to Spur Latino Voters” by Nicholas Confessore and Julia Preston for New York Times

“The Convention the GOP Doesn’t Want” by Julian Zelizer for The Atlantic

San Luis Obispo City Council will review a proposed ordinance to create a system of democracy voucher funding for municipal elections. The voucher system provides each registered voter with a $20 voucher that can be donated to the municipal candidate of choice. Candidates opting in to receive the voucher funds would be restricted to using only those funds; the program is optional because it is unconstitutional to completely ban privately funded elections.

This ordinance would also create an ethics commission and require reporting on independent expenditures over $500. The council will review the ordinance on March 15, 2016.

Federal:

Ben Carson’s Small-Dollar Donors Could Keep Yielding Big Money
Center for Public Integrity – Carrie Levine | Published: 3/3/2016

Ben Carson’s database containing personal information on more than 700,000 donors to his presidential campaign could be a big money-maker if supporters’ information is rented to other candidates, political committees, and even for-profit data brokers, that may, in turn, use it to raise money. Some of the primary beneficiaries of renting Carson’s list would likely be his own campaign consultants and political operatives, who typically oversee marketing such lists and administering what remains of the campaign apparatus. A high percentage of Carson’s contributors has not previously given to candidates, which means those donors are less likely to be on other political lists already in circulation. This makes Carson’s supporter database an even more valuable commodity, to the party and to others who want to raise money.

Lobbyists Plan for Battle over Contractor Fair Pay Rule
Bloomberg BNA – Ben Penn | Published: 3/3/2016

A controversial executive order requiring federal contractors to disclose past employment law violations has trade association lobbyists, worker advocates, and attorneys gearing up for a fierce debate on Capitol Hill and in the courts. The Federal Acquisition Regulatory Council and the Labor Department are busy finalizing a regulation and guidance to implement the President Obama’s Fair Pay and Safe Workplaces Executive Order. It requires businesses to disclose any violations of 14 federal labor and employment laws, as well as comparable state laws, for the previous three years to be eligible for contracts worth more than $500,000. It allows agencies to deny contracts based on the information.

The FEC Just Made It Easier for Super PAC Donors to Hide Their Identities
Washington Post – Matea Gold | Published: 3/7/2016

Political donors hiding their super PAC contributions behind shell companies have effectively been given the green light to continue the practice after the FEC could not agree whether to open an investigation into so-called straw donations. Campaign finance law stipulates that donors cannot make political contributions in another person’s name. This law has tended to be breached by employers who privately instruct their employees to donate to political campaigns, with the assurance that they will later be reimbursed. But in the era following the U.S. Supreme Court’s Citizens United decision, the practices of disclosure have become even cloudier, and mysterious LLC groups have proliferated.

Trump Cracks Down on Protesters
Politico – Ben Schreckinger | Published: 3/8/2016

Donald Trump’s campaign appears to be ramping up efforts to prevent displays of dissent at his often unruly rallies. New tactics include extended barriers cordoning off the press and plainclothes private intelligence officers monitoring the crowd for protestors. Trump has escalated confrontations with protesters, leaving his podium to stare them down and repeatedly lamenting that his supporters cannot retaliate against them. At a rally in Nevada, he said of a dissenter, “I’d like to punch him in the face.” One member of Trump’s private security team, Eddie Deck, said his duties were now weighted towards intelligence work researching potential protesters and assisting uniformed security personnel under the direction of the candidate’s head of security.

From the States and Municipalities:

Alaska – Legislature Pursues More Big Cuts to Campaign Finance Regulators
Alaska Dispatch News – Alex DeMarban | Published: 3/9/2016

The Legislature last year cut funding to the Alaska Public Offices Commission (APOC) by 43 percent. Now, lawmakers are moving ahead with plans to strike another $200,000, reducing the agency’s budget to $591,000, a 57 percent drop from two years earlier. Heather Hebdon, APOC’s campaign disclosure coordinator, said if the latest round of cuts is accepted by lawmakers, it will be harder for her agency to regulate fundraising and spending during busy state elections this summer and fall. APOC also enforces disclosure requirements for lobbyists, a job handled by one employee in Juneau, as well as disclosure requirements for public officials.

California – California GOP Leader Wants to Reinvent Party
The Desert Sun – Laurel Rosenhall (CALmatters) | Published: 3/9/2016

Chad Mayes, the California Assembly’s Republican leader, takes over as the GOP is fracturing at the national level over the presidential nomination, and dwindling in California, where less than 28 percent of voters are now registered Republican. Mayes believes he can make his party relevant in this blue state by moving away from social issues like gay marriage and abortion, and focusing instead on quality of life issues like housing affordability and the need for middle-class jobs. Fueled by his Christian faith and a pragmatic style, Mayes is trying to make poverty alleviation a key focus for Republicans.

Colorado – Audit: Colorado’s ethics commission rarely helps those filing complaints
Denver Post – Joey Bunch | Published: 3/8/2016

A state audit revealed that the Colorado Independent Ethics Commission does a poor job telling people how to file a complaint, what complaints the commission can review, and what the public can reasonably expect to happen to those who commit a violation. Those failings are among the reasons that 50 of the 57 complaints the commission reviewed from 2012 through 2015 were dismissed because the commission did not have authority or jurisdiction over the case, auditors suggested. The commission, which has a one-person staff and no investigators, found just four violations in four years. The agency’s few powers include oversight of gifts to state and some local officials exceeding $59 a year.

Connecticut – Connecticut Election, Information and Ethics Watchdog Agencies Fear Results of Deep Cuts
New Haven Register – Mary O’Leary | Published: 3/3/2016

Connecticut’s watchdog agencies say any additional budget cuts will leave them unable to function. The state is trying to close a $900 million deficit. The executive directors of the Freedom of Information Commission, the State Election Enforcement Commission, and the Office of State Ethics said their collective mission to keep government honest is being threatened. The directors said a big part of each of their jobs is training people to keep them out of trouble. Carol Carson, executive director of the Office of State Ethics, said if they hold fewer training sessions, they will have fewer people seeking advice and there will be more expensive enforcement action against state employees, public officials, and lobbyists. “I’d rather give advice to 1,000 people than enforce against 100,” Carson said.

Indiana – State to Locals: You can’t do that. Or that.
Indianapolis Star – Brian Eason | Published: 3/6/2016

Lately, it seems, whenever an Indiana city even thinks about passing an ordinance the General Assembly disagrees with, state lawmakers strip local officials of the authority to do so. To some, the erosion of local authority is nothing short of an attack on local democracy. To others, the practice known as pre-emption is a necessary protection. The recent proliferation of pre-emption bills can be explained in part by Indiana’s political culture and in part by a national conservative movement.

Massachusetts – Mass. Campaign Finance Regulators’ Office Gets Hip to Memes
Boston Globe – Steve Annear | Published: 3/3/2016

Regulators in Massachusetts are using a social media campaign to educate the public about the state’s campaign finance law. An image posted on the Office of Campaign and Political Finance’s Twitter account explained how much money candidates running for office are allowed to collect from donors. “An individual can contribute up to $50 a year in cash to a candidate,” read the message, which used a picture of an enthusiastic man in a business suit being showered with money to accentuate the point. The goal is to make the complex rules and regulations of running for political office more engaging. It is a dramatic change of tactics from the usually staid office.

Mississippi – No State Officials Enforce Campaign Finance Laws
Jackson Clarion-Ledger – Mollie Bryant, Geoff Pender, and Katie Royals | Published: 3/5/2016

No government agency claims responsibility for ensuring candidates and officials in Mississippi follow the state’s campaign finance laws. Secretary of State Delbert Hosemann said no one reviews campaign finance reports filed with his office, and his office does not have the authority or resources to do so. The only campaign finance enforcement under Mississippi law involves disclosure. State law requires the secretary of state to report the names of candidates and elected officials who have not filed campaign finance reports and to fine them. If candidates and elected officials do not pay what they owe within 120 days, the secretary of state is required to notify the attorney general, who can file a suit.

New Mexico – Transparency Legislation Isn’t Quite as Transparent as Billed
New Mexico In Depth – Sandra Fish | Published: 3/4/2016

House Bill 105, which was signed into law by Gov. Susana Martinez, aims to make it easier for the public to access information about campaign contributions and lobbyists’ reporting. But the bill also ends a requirement that lobbyists report cumulative spending on lawmakers, and increases the limit for reporting from $75 to $100 per event. If the law had been in effect during 2015, nearly one-fourth of the 4818,000 spent by lobbyists would have gone unreported. The section on lobbyist reporting takes effect July 1, and would apply to lobbyists reports filed in October and January 2017.

New York – Assembly Democrats Introduce Bill to Increase Public Disclosure Requirements for Groups Who Lobby in New York
New York Daily News – Kenneth Lovett | Published: 3/10/2016

A bill introduced in the New York Assembly would amend lobbying disclosure rules. It would also specifically exempt from the definition of lobbying any communications with news outlets, including editorial boards. The legislation would require organizations registered to lobby in New York and that spend more than $5,000 to disclose the names of all donors who gave them more than $1,000. They would also have to disclose the exact amount donated and how the funding was used.

New York – PR Firms File Suit over ‘Hopelessly Vague’ JCOPE Lobbying Definition
Capital New York – Bill Mahoney | Published: 3/8/2016

A group of public relations firms filed suit in federal court against the New York Joint Commission on Public Ethics (JCOPE) to stop it from putting into effect a rule requiring disclosure of efforts to get editorial columns written for causes. The suit claims JCOPE overstepped its mandate when it adopted an advisory opinion that reinterpreted the definition of the lobbying. The new standard caused an uproar among many public relations professionals, who argued such disclosure would limit their right to free speech as well as the ability of editorial board members and other journalists to talk with such sources about issues and possible articles.

Pennsylvania – Former LCB Chairman Who Took Gifts Drops Out of Ethics Panel
Pittsburgh Tribune-Review – Kari Andren | Published: 3/8/2016

Patrick Stapleton, a former chairperson of the Pennsylvania Liquor Control Board, backed out of a National Alcohol Beverage Control Association meeting on the same day a reporter inquired about his appearance. Stapleton was implicated in a 2014 investigation for accepting gifts from vendors. He and was on the agenda of the meeting as a panelist instructing alcohol regulators about ethical behavior. Stapleton was fined more than $7,250 for accepting gifts ranging from golf outings and meals to Philadelphia Phillies tickets and wine and spirits donations for an annual event he and his then-wife operated. A report painted a picture of officials regularly taking advantage of liquor vendors looking for their piece of the Pennsylvania agency’s $2.1 billion in annual sales.

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.

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. However, the appeals court did emphasize there must be a legitimate public interest in requiring financial disclosure from issue committees. Moreover, 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 court went on to agree 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)].

In its earlier holding, the lower court advised state lawmakers the secretary of state will “be on the hook for fees every time a group, like the Coalition for Secular Government, falls under the $200 trigger for issue committee status and has to sue to vindicate its First Amendment rights” [D.C. No. 1:12-CV-01708-JLK].