March 2, 2018 •
NYCU Video Digest – March 2, 2018
A packed week of campaign finance, lobbying, elections and ethics news coming to you in this edition of NYCU Video Digest!
A packed week of campaign finance, lobbying, elections and ethics news coming to you in this edition of NYCU Video Digest!
March 2, 2018 •
News You Can Use Digest – March 2, 2018
National: The True Source of the N.R.A.’s Clout: Mobilization, not donations MSN – Eric Lipton and Alexander Burns (New York Times) | Published: 2/24/2018 To many of its opponents, a long string of victories is proof the National Rifle Association […]
National:
The True Source of the N.R.A.’s Clout: Mobilization, not donations
MSN – Eric Lipton and Alexander Burns (New York Times) | Published: 2/24/2018
To many of its opponents, a long string of victories is proof the National Rifle Association (NRA) has bought its political support through campaign contributions. But the numbers tell a more complicated story. In states across the country, as well as on Capitol Hill, the NRA derives its political influence instead from a powerful electioneering machine, fueled by tens of millions of dollars’ worth of campaign ads and voter-guide mailings, that scrutinizes candidates for their views on guns and propels members to the polls. The NRA’s impact comes, in large part, from the simplicity of the incentives it presents to candidates: letter grades, based on their record on the Second Amendment, that guide the NRA’s involvement in elections.
Federal:
How Skadden, the Giant Law Firm, Got Entangled in the Mueller Investigation
New York Times – Kenneth Vogel and Matthew Goldstein | Published: 2/24/2018
When one of its former lawyers, Alex van der Zwaan, admitted lying to the special counsel investigating Russian election interference, it exposed a profitable line of business that Skadden, Arps, Slate, Meagher & Flom mostly keeps quiet: its work for unsavory foreign figures and their Washington, D.C. lobbyists. Robert Mueller’s team has scrutinized Skadden for its own work for the former president of Ukraine, Viktor Yanukovych, and its role advising two other K Street firms paid to bolster his government, Mercury Public Affairs and the Podesta Group. Rick Gates, the onetime deputy campaign chairperson for Donald Trump, has admitted he knowingly misled Skadden in a scheme to avoid complying with the Foreign Agents Registration Act over his work for Ukraine.
Kushner’s Business Got Loans After White House Meetings
MSN – Jesse Drucker, Kate Kelly, and Ben Protess (New York Times) | Published: 2/28/2018
Two companies made loans worth more than $500 million to Jared Kushner’s family real estate firm after executives met with Kushner at the White House. Kushner is a White House senior adviser and the son-in-law of President Donald Trump. The New York Times reported that private equity firm Apollo Global Management lent $184 million to Kushner Cos., and Citigroup lent Kushner Cos. and one of its partners $325 million. There is little precedent for a top White House official meeting with executives of companies as they contemplate sizable loans to his business, say ethics experts. “This is exactly why senior government officials, for as long back as I have any experience, don’t maintain any active outside business interests,” said Don Fox, a former acting director of the Office of Government Ethics.
From the States and Municipalities:
Alabama – Ethics Reforms on Hold; Panel Will Study Issues for Next Year
AL.com – Mike Cason | Published: 3/1/2018
A bill introduced recently would make dozens of changes to Alabama’s ethics law. But legislators will not vote on that bill this year. Instead, it will provide a framework for a newly created Ethics Clarification and Reform Commission. State Attorney General Steve Marshall said individuals and businesses affected by the ethics law have asked that certain parts of it be made clearer, and there is also an effort to tighten the law. “We’ve identified, along with the Ethics Commission, certain areas that may be loopholes or holes in the law that we need to be able to close,” Marshall said.
Arizona – Debbie Lesko Accused of Moving $50K from Campaign to a PAC That Backs … Lesko
Arizona Republic – Ronald Hanson | Published: 2/21/2018
Congressional candidate Debbie Lesko steered $50,000 from her Arizona Senate campaign to a federal PAC that has supported her, a move one of Lesko’s opponents claimed is illegal. Lesko’s campaign committee, Re-elect Debbie Lesko for Senate, gave $50,000 to Conservative Leadership for Arizona, a federal PAC authorized to spend independently of other campaigns. It was created eight days before taking the money from Lesko’s state campaign committee. The new PAC raised almost no other cash, records show. And the PAC used the money to support Lesko with yard signs, while her congressional campaign spent heavily on television ads.
California – A Tiny City with Huge Problems, Maywood Faces Its Biggest Scandal Yet
Los Angeles Times – Ruben Vives and Adam Elmahrek | Published: 2/26/2018
A Los Angeles County investigation into possible corruption in Maywood has set its sights on a broad swath that includes four current and former council members, 13 companies, five current and former city administrators, and one activist who dresses up as a clown. A search warrant suggests the wide-ranging investigation dovetails with the suspicion many Maywood residents have had about politics in the city for years. Maywood is one of Southern California’s smallest and most densely packed cities. But for its tiny size, it has suffered oversized problems for more than a decade.
Illinois – Cook County Assessor Berrios Goes to Court to Keep Property Tax Lawyers’ Campaign Contributions Flowing
Chicago Tribune – Hal Dardick and Jason Grotto | Published: 2/28/2018
Cook County Assessor Joe Berrios asked a judge to void county ethics rules that place limits on campaign contributions to elected officials and candidates from those who seek “official action” from the county. Lawyers for Berrios’ argued the county rules violate the state constitution because only the Illinois Legislature has authority to set campaign contribution limits. The county, however, maintained it has the power to set its own, more-restrictive limits on campaign money to avoid quid pro quo politics. Since October, Berrios has collected more than $276,000 from those attorneys, about four-fifths of what he has received in individual contributions during that time.
Missouri – Missouri Gov. Eric Greitens Indicted for Felony Invasion of Privacy
St. Louis Post-Dispatch – Kevin McDermott and Robert Patrick | Published: 2/23/2018
Missouri Gov. Eric Greitens was indicted on a felony invasion of privacy charge. He was accused of photographing a nude or partially nude person without the person’s knowledge or consent. The indictment said Greitens then transmitted the photo in a way that allowed it to be viewed on a computer, which prosecutors said made the crime a felony rather than a misdemeanor. The charge comes weeks after the governor acknowledged having an extramarital affair in 2015, but denied reports he blackmailed the woman or took a nude photo of her without permission. Greitens, who has been governor for just over a year, has resisted calls to resign, insisting he did nothing illegal.
New York – In Spite of Executive Order, Cuomo Takes Campaign Money from State Appointees
New York Times – Shane Goldmacher, Brian Rosenthal, and Augustin Armendariz | Published: 2/24/2018
New York Gov. Andrew Cuomo has accepted donations for his re-election campaign from his own political appointees. The New York Times reports Cuomo has taken nearly $900,000 from two dozen of his appointees since taking office, as well as at least $1.3 million from spouses, children, and businesses of the appointees. The contributions come despite an executive order signed by former Gov. Eliot Spitzer banning campaign donations from most political appointees in the state. Cuomo renewed that order when he entered office. But Cuomo has reinterpreted the directive to only apply to contributions from appointees who could be fired at any time by the governor, as opposed to those appointed to set terms in office.
Oklahoma – Step Up Campaign Highlights Gap in State Disclosure Laws
Ada News – Paul Monies and Trevor Browen (Oklahoma Watch) | Published: 2/25/2018
The plan by Step Up Oklahoma to raise taxes on cigarettes, fuel, and energy failed to pass, but it highlighted a gap in state law that keeps much of the funding and spending on both sides of the issue a secret. Step Up Oklahoma, which billed itself as a grassroots coalition of business and civic groups, bought or enabled television and radio ads, robo-calls, mailers, endorsements, one-to-one outreach, and the deployment of registered lobbyists of supporting companies. Although disclosure of sources and amounts of money spent are typically required when groups directly try to influence the election of candidates and votes on ballot questions, little must be disclosed when a group or business tries to influence legislation.
Oregon – Receiving a Blanket Posed Ethical Quandary for Oregon Senator
Portland Oregonian – Andrew Selsky (Associated Press) | Published: 2/27/2018
Ted Ferrioli, the Senate Republican leader in Oregon until he stepped down in January, was presented with a beautiful wool blanket by leaders of Indian tribes as a parting gift, causing an ethical dilemma. Struggling over what to do with a blanket with a price tag of $249 shows how many public servants try to walk a fine line on gift laws. And it illustrates the scope of issues the Oregon Government Ethics Commission and its staff are tasked with dealing with.
Rhode Island – Facing Threat of Expulsion, Sen. Kettle Quits
Providence Journal – Katherine Gregg and Patrick Anderson | Published: 2/22/2018
A Rhode Island senator facing charges that accuse him of extorting a teenage page for sex has resigned. The move comes a day after Senate leaders took the extraordinary step of introducing a resolution to expel Nicholas Kettle, the Senate’s minority whip. No Rhode Island lawmaker has been expelled since the state constitution went into effect in 1843. Kettle was arrested and charged with extorting a male page for sex on two occasions in 2011 and with video voyeurism that involved trading nude photographs of his ex-girlfriend and a New Hampshire woman taken without their consent. The page would have been 16 or 17 years old at the time of the alleged extortion.
West Virginia – Coal Country Divides Over an Unrepentant Boss’s Senate Bid
New York Times – Trip Gabriel | Published: 2/26/2018
When mining company owner Don Blankenship finished his one-year prison sentence for conspiracy to violate safety laws, rather than express remorse or contrition over the explosion in the Upper Big Branch coal mine that killed 29 men in 2010, he announced a run for the U.S. Senate. His return to the public eye has reawakened painful memories in West Virginia, especially for relatives of the disaster’s victims. At one of Blankenship’s meet-and-greet events with voters, protesters held signs saying: “You must be joking.” But in the coal fields, many people do not think his candidacy is a joke. Blankenship has found support there for his claim to be a victim himself, pursued unfairly by federal prosecutors and mine safety inspectors.
West Virginia – Justice Company Rep Has Unique Access to Capitol Among Lobbyists
Charleston Gazette-Mail – Jake Zuckerman | Published: 2/24/2018
Among the more than 100 registered lobbyists in West Virginia, only Larry Puccio has an electronic access card to the Capitol. Puccio represents The Greenbrier resort and Southern Coal Corp., both of which are owned by Gov. Jim Justice. The card grants access to doors not open to the general public and can be used to avoid sometimes-lengthy security lines at the public entrances. House Bill 2965 would allow any person to apply for an electronic access card to the Capitol complex, which would cost $250 for people who are not state employees.
Wisconsin – State Elections Commission Chief Stepping Down Amid Criticism from Republicans
Milwaukee Journal Sentinel – Jason Stein | Published: 2/27/2018
Wisconsin’s top elections official, Michael Haas, says he will not continue in that role, ending a showdown between the state Elections Commission, which backed Haas, and Senate Republicans who demanded his ouster. Haas said he plans to keep working temporarily at the commission as an attorney, but intends to eventually leave to pursue other opportunities. The Wisconsin Ethics Commission voted to name ethics specialist Colette Reinke as the interim replacement for former Administrator Brian Bell, who also resigned after the Senate rejected his confirmation. Reinke will serve for 90 days and not apply for the permanent job.
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.
February 28, 2018 •
Wednesday’s Government and Ethics News
Campaign Finance National: “Behind a Key Anti-Labor Case, a Web of Conservative Donors” by Noam Scheiber and Kenneth Vogel for New York Times Elections National: “The True Source of the N.R.A.’s Clout: Mobilization, not donations” by Eric Lipton and Alexander […]
Campaign Finance
National: “Behind a Key Anti-Labor Case, a Web of Conservative Donors” by Noam Scheiber and Kenneth Vogel for New York Times
Elections
National: “The True Source of the N.R.A.’s Clout: Mobilization, not donations” by Eric Lipton and Alexander Burns for New York Times
National: “Coal Country Divides Over an Unrepentant Boss’s Senate Bid” by Trip Gabriel for New York Times
Ethics
Alabama: “Senate Bill Backed by AG Would Revise Alabama Ethics Laws” by Brian Lyman for Montgomery Advertiser
Maryland: “Maryland Senate Leader Strips Baltimore Sen. Nathaniel Oaks of Committee Jobs” by Erin Cox for Baltimore Sun
Missouri: “Missouri House Leader Names Committee to Investigate Greitens” by Jason Hancock for Kansas City Star
Oregon: “Receiving a Blanket Posed Ethical Quandary for Oregon Senator” by Andrew Selsky (Associated Press) for Portland Oregonian
Rhode Island: “Facing Threat of Expulsion, Sen. Kettle Quits” by Katherine Gregg and Patrick Anderson for Providence Journal
Lobbying
National: “European Ex-Officials Deny Being Paid by Manafort to Lobby for Ukraine” by Steven Erlanger and Jason Horowitz for New York Times
Oklahoma: “Step Up Campaign Highlights Gap in State Disclosure Laws” by Paul Monies and Trevor Browen (Oklahoma Watch) for Ada News
February 26, 2018 •
Monday’s Government and Ethics News
Campaign Finance Arizona: Debbie Lesko Accused of Moving $50K from Campaign to a PAC That Backs … Lesko by Ronald Hanson for Arizona Republic Tennessee: Complaints Question Harwell’s PAC Help, $3.1m Self-Loan by Jonathan Matisse (Associated Press) for Raleigh News and Observer Elections National: Citing Costs, […]
Campaign Finance
Arizona: Debbie Lesko Accused of Moving $50K from Campaign to a PAC That Backs … Lesko by Ronald Hanson for Arizona Republic
Tennessee: Complaints Question Harwell’s PAC Help, $3.1m Self-Loan by Jonathan Matisse (Associated Press) for Raleigh News and Observer
Elections
National: Citing Costs, Some GOP Governors Refuse to Hold Special Elections by Alan Greenblatt for Governing
Ethics
California: California Senator Resigns Amid Harassment Allegations by Taryn Luna for Sacramento Bee
Rhode Island: R.I. Senate President Introduces Resolution to Expel Member Accused of Extorting Sex, Video Voyeurism by Katherine Gregg and Patrick Anderson for Providence Journal
Texas: Prosecutors Reviewing Complaint Against Empower Texans Over Attack Ad Resembling Government Notice by Jay Root for Texas Tribune
Lobbying
Missouri: Gov. Greitens Indicted for Felony Invasion of Privacy Stemming from Affair by Jason Hancock, Bryan Lowry, and Lindsay Wise for Kansas City Star
Texas: Murphy’s Contract Raises Eyebrows, Questions: Is he lobbying? by Steve Miller for Texas Monitor
February 23, 2018 •
US House Bill Seeks to Regulate Presidential Inaugural Committee Spending
A bill introduced this month in the U.S. House of Representatives would require presidential inaugural committees to file disbursement reports with the Federal Election Commission. The initial report would be due 90 days after the date of the presidential inaugural […]
A bill introduced this month in the U.S. House of Representatives would require presidential inaugural committees to file disbursement reports with the Federal Election Commission. The initial report would be due 90 days after the date of the presidential inaugural ceremony, with subsequent reports due not later than 60 days after each date by which the committee makes disbursements in an aggregate amount of $100,000 or more.
House Resolution 5008 also prohibits committees from disbursing funds for purposes unrelated to the inauguration of the president. If any leftover funds of the committee remain available at the time of the termination of the committee, the committee must donate those funds to a 501(c)(3) of its choice.
Rep. Kurt Schrader, who introduced the legislation, said in a press release, “We have laws that regulate campaign finance and political action committees. But there is nothing on the books to dictate how money for the presidential inaugural committee, which is raised under the name of the president of the United States, can or cannot be spent. That’s wildly unacceptable.”
February 23, 2018 •
News You Can Use Digest – February 23, 2018
National: Sexual Misconduct Spurs New Elections: The #MeToo race New York Times – Trip Gabriel and Jess Bidgood | Published: 2/20/2018 Allegations of sexual misconduct led to resignations by nearly a dozen state and federal lawmakers in recent months, setting […]
National:
Sexual Misconduct Spurs New Elections: The #MeToo race
New York Times – Trip Gabriel and Jess Bidgood | Published: 2/20/2018
Allegations of sexual misconduct led to resignations by nearly a dozen state and federal lawmakers in recent months, setting off a flurry of special elections around the country to fill seats suddenly left open by the #MeToo reckoning. Yet the candidates running to replace these disgraced men, many of whom are women, are hesitating to put sexual harassment front and center as an issue in their campaigns. In at least eight state legislative and two congressional races, including special elections in Minnesota and Oklahoma that were held recently, the subject has rarely been mentioned in advertisements, rallies, or when knocking on doors.
State Officials Say They Are Told Too Little About Election Threats
New York Times – Michael Wines | Published: 2/19/2018
State elections officials said they want more information from federal officials to ensure they are protected from cybersecurity threats in light of evidence that foreign operatives plan to try to interfere in the midterm elections. At a conference of secretaries of state, several officials said the government was slow to share information about specific threats faced by states during the 2016 election. According to the Department of Homeland Security, Russian government hackers tried to gain access to voter registration files or public election sites in 21 states. Although the hackers are not believed to have manipulated or removed data from state systems, experts worry that the attackers might be more successful this year.
With Grief and Hope, Florida Students Take Gun Control Fight on the Road
New York Times – Brendan Farrington, Josh Replogle, and Tamara Lush (Associated Press) | Published: 2/21/2018
Students in the vanguard of protests are giving gun-safety advocates fresh hope that the violence at Marjory Stoneman Douglas High School, and the widespread response to it among youths, could create new momentum across the country to enact restrictions on firearms. But these students are also attracting political attacks from advocates for gun rights. And established groups, demoralized after a string of shootings that have prompted no political response, are aware of how quickly such a moment can fade. For now, however, there is momentum on the issue.
Federal:
K Street Reinvents Itself in the Era of Trump
Roll Call – Kate Ackley | Published: 2/15/2018
Political upheaval, partisan stalemate on Capitol Hill, and technological innovations have all disrupted and transformed the $4 billion-a-year federal lobbying business. But the Donald Trump presidency, the GOP-controlled Congress, and a resulting surge of grassroots resistance have catapulted the lobbying sector into uncertain, though still lucrative, terrain. Lobbyists increasingly are adapting their methods to harness the power of social media campaigns amid the president’s atypical style of governing, which often includes policy proclamations via tweet. Trump’s administration has intensified changes to the lobbying industry that were underway well before he launched his run for office.
From the States and Municipalities:
Arizona – Kelli Ward Touts Endorsement from Fake-News Site
Politico – Jason Schwartz and Shawn Musgrave | Published: 2/15/2018
Kelli Ward posted a link on her campaign website and blasted out a Facebook post, quoting extensively from a column in the Arizona Monitor that endorsed her to replace U.S. Sen. Jeff Flake. But despite its reputable sounding name, the Arizona Monitor is not a real news site. It is an anonymous, pro-Ward blog. The site launched just a few weeks before publishing the endorsement. It seems to be part of a growing trend of conservative political-messaging sites with names that mimic those of mainstream news organizations, and whose favored candidates then tout their stories and endorsements as if they were from independent journalists.
Delaware – Lobbyists No Longer Have a Dedicated Room in Legislative Hall
Wilmington News Journal – Scott Gross | Published: 2/15/2018
State Senate President Pro Tempore David McBride said he has given up on his hope that Delaware’s 300-plus registered lobbyists would hang out in a conference room rather than the hallways of the Capitol. The door to the second-floor room was closed and locked for the first time since McBride first invited lobbyists to use the space in January. At the time, he dismissed questions about the optics of providing a dedicated space for professional lobbyists, noting reporters have long used a room in the basement of Legislative Hall.
District of Columbia – D.C. Public Schools Leader to Resign After Skirting School Assignment Rules
Washington Post – Perry Stein, Peter Jamison, and Fenit Nirappil | Published: 2/20/2018
Antwan Wilson, chancellor of the District of Columbia’s public schools, resigned after it was revealed he skirted the city’s competitive lottery system so his daughter could transfer to a high-performing school. Wilson had overhauled lottery system rules months before he broke them to benefit his daughter. Parents and politicians said Wilson had forfeited the public’s trust. His departure delivers a political blow to Mayor Muriel Bowser, whose selection of Wilson was one of the most important and high-profile appointments of her tenure.
New York – Citizens United Can’t Hide Donor Lists from NY
Courthouse News Service – Nick Rummell | Published: 2/15/2018
New York may require the public disclosure of donors who give more than $5,000 to nonprofits in the state, an appeals court said. Citizens United sued New York in 2014, saying the rule infringed upon its First Amendment rights and its donors could face public backlash if their support was disclosed. The appeals court upheld a lower-court ruling saying the regulations are “substantially related to the important interest in keeping non-profit organizations honest” and do not wrongly “chill the speech” of Citizens United or its donors.
New York – How Albany Really Works: Cuomo loyalist exposes pay-to-play culture
New York Times – Shane Goldmacher | Published: 2/16/2018
Former lobbyist Todd Howe testified for two weeks in a corruption trail that has rocked Albany. The story that Howe has unfurled included tales of six-figure campaign contributions to New York Gov. Andrew Cuomo, made from a company with business before the state, that were purposefully divided up to hide their origin. There were private plane trips, courtesy of Howe’s clients, for Cuomo days before his first election – as well as a deep-sea fishing expedition for his campaign manager. Joseph Percoco, formerly one of Cuomo’s most-trusted aides, is on trial, along with three co-conspirators in two bribery and corruption schemes. Cuomo has not been accused of any wrongdoing, but the courtroom drama has served as a stinging indictment of Albany as a city where money talks and Cuomo administration officials have listened.
North Carolina – Conspiracy Theories, Criminal Investigations Plentiful in NC Bail Bonds World
WRAL – Travis Fain | Published: 2/17/2018
Attorney Mark Bibbs and a pair of clients in the bail industry have been indicted, accused of lobbying the North Carolina Legislature without filing the proper paperwork and covering it up. The secretary of state’s office and the Wake County district attorney say Bibbs falsified records to make lobbying payments look like legal fees and the clients cooperated in the scheme. Some Democrats have suggested House Speaker Tim Moore tried to interfere in Secretary of State Elaine Marshal’s investigation of Bibbs; Moore and Bibbs are close friends. Republicans also passed legislation to move lobbying enforcement out of Marshall’s office as part of broader reforms. The secretary of state’s office sent legislative leadership a letter, pointing to the indictments as a reason to leave lobbying enforcement with the office instead of shifting it to the state’s new Board of Elections & Ethics Enforcement as planned.
Oregon – John Kitzhaber Could Face Up to $50,000 in Fines for Ethics Violations
Portland Oregonian – Hillary Borrud | Published: 2/17/2018
The Oregon Government Ethics Commission said former Gov. John Kitzhaber violated state laws against conflicts-of-interest, misused his office for financial gain, and improperly received a gift. The scandal ended Kitzhaber’s long political career. He resigned in 2015 just over a month into his fourth term amid accusations of influence peddling involving his fiancée, Cylvia Hayes. In January, the commission found Hayes violated a law against public officials misusing their public positions for personal financial gain. Kitzhaber has 21 days after being formally notified of the vote to say whether he will contest the ruling. The maximum fine for each violation is $5,000, meaning the commission could penalize Kitzhaber up to a total of $50,000.
Pennsylvania – Pa. Supreme Court Releases New Congressional Map
Pittsburghh Post-Gazette – Jonathan Lai and Liz Navratil | Published: 2/19/2018
The Pennsylvania Supreme Court released a new congressional map after the previous district lines were found to be a result of unconstitutional gerrymandering from Republicans. The new map is set to go into effect in time for the state’s May 15 primaries. It leaves voters, current representatives, and potential candidates with little time to figure out their districting before the deadline hits for those running in elections to declare their candidacy. Republicans are expected to challenge the decision from the Supreme Court, saying only lawmakers and governors hold the authority to redraw congressional maps, rather than the courts.
South Carolina – After Quinn’s Probation, Shock, Dismay, Joy and Wondering: What’s next?
The State – John Monk | Published: 2/16/2018
Watchdogs say it is sad that years of accusations against South Carolina Rep. Rick Quinn and his father’s consulting business ended with such a whimper. Beyond two years of probation, Rick Quinn was sentenced to community service and a fine of $1,000 after pleading guilty to one misdemeanor count of misconduct in office. Under a package deal, all charges were dropped against his father, Richard Quinn. His consulting firm instead pleaded guilty to failing to register as a lobbyist. “This slap is near the wrist but not even on it,” said John Freeman, the University of South Carolina law school’s professor emeritus on professional ethics.
South Carolina – S.C. Lawmakers Call for Law Enforcement Probe of Bogus Pro-Utility Emails
Charleston Post and Courier – Andrew Brown | Published: 2/19/2018
South Carolina lawmakers have received a barrage of form emails from constituents in recent days urging them to avoid passing laws they say could defeat a proposed sale of SCANA Corp. to Dominion Energy. But some of the people who supposedly sent the emails say they were impersonated. It is unclear who is behind the fraudulent emails as Dominion, SCANA, and the outside group that crafted the messages say they do not know why they are being sent from South Carolina residents without their knowledge. Law enforcement officials are likely to open an investigation into the matter.
Tennessee – How $225,000 Can Help Secure a Pollution Loophole at Trump’s E.P.A.
New York Times – Eric Lipton | Published: 2/15/2018
The big rigs sold by the Fitzgerald family’s truck dealership in central Tennessee are equipped with rebuilt diesel engines that do not need to comply with rules on modern emissions controls. That makes them cheaper to operate, but means they emit up to 55 times the air pollution of other new trucks. The special treatment is made possible by a loophole in federal law that the Obama administration tried to close, and the Trump administration is now championing. The survival of this loophole is a story of money, politics, and suspected academic misconduct, and has been facilitated by Scott Pruitt, the administrator of the Environmental Protection Agency, who has staked out positions in environmental fights that benefit the Trump administration’s corporate backers.
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.
February 22, 2018 •
Thursday’s Government and Ethics News
Elections National: “Sexual Misconduct Spurs New Elections: The #MeToo race” by Trip Gabriel and Jess Bidgood for New York Times Ethics National: “Republican Attorneys General Call on Revolving Door Cases for Advice” by Andrew Perez for MapLight.org National: “Tools of […]
Elections
National: “Sexual Misconduct Spurs New Elections: The #MeToo race” by Trip Gabriel and Jess Bidgood for New York Times
Ethics
National: “Republican Attorneys General Call on Revolving Door Cases for Advice” by Andrew Perez for MapLight.org
National: “Tools of Trump’s Fixer: Payouts, intimidation and the tabloids” by Jim Rutenberg, Megan Twohey, Rebecca Ruiz, Mike McIntire, and Maggie Haberman for New York Times
California: “Six Women Were Likely Subject to Unwanted Behavior by a California Senator, Investigation Finds” by Taryn Luna for Sacramento Bee
District of Columbia: “D.C. Public Schools Leader to Resign After Skirting School Assignment Rules” by Perry Stein, Peter Jamison, and Fenit Nirappil for Washington Post
Lobbying
National: “With Grief and Hope, Florida Students Take Gun Control Fight on the Road” by Brendan Farrington, Josh Replogle, and Tamara Lush (Associated Press) for New York Times
National: “Labor’s Reprieve Is Over as U.S. Supreme Court Case Targets Fee” by Greg Stohr for Bloomberg.com
Kansas: “Kansas Senate Bills Expand Reach of Lobbyist Registration, Oppose Private Management of State Prisons” by Tim Carpenter for Topeka Capitol Journal
Utah: “Bill Advances to Help Prevent Sexual Harassment of Legislative Interns” by Lee Davidson for Salt Lake Tribune
February 21, 2018 •
Wednesday’s Government and Ethics News
Campaign Finance Arizona: “Judge Tosses Bid by Corporation Commissioner Burns to Enforce Subpoena Against APS” by Howard Fischer (Capitol Media Services) for Arizona Daily Star West Virginia: “Judge Grants Government’s Motion to Dismiss Charges Against Morgantown Coal Exec” by Matt […]
Campaign Finance
Arizona: “Judge Tosses Bid by Corporation Commissioner Burns to Enforce Subpoena Against APS” by Howard Fischer (Capitol Media Services) for Arizona Daily Star
West Virginia: “Judge Grants Government’s Motion to Dismiss Charges Against Morgantown Coal Exec” by Matt Harvey for Charleston Gazette-Mail
Elections
New York: “State Officials Say They Are Told Too Little About Election Threats” by Michael Wines for New York Times
Ethics
California: “Ethics Chair Resigns Over Failure to Place Campaign Finance Reforms on June Ballot” by Joshua Sabatini for San Francisco Examiner
Maryland: “New Report Describes Scenes of Sexual Harassment in Maryland General Assembly” by Erin Cox for Baltimore Sun
Lobbying
National: “Former Skadden Lawyer Pleads Guilty to Lying in Russia Investigation” by Eileen Sullivan and Kenneth Vogel for New York Times
North Carolina: “Conspiracy Theories, Criminal Investigations Plentiful in NC Bail Bonds World” by Travis Fain for WRAL
South Carolina: “S.C. Lawmakers Call for Law Enforcement Probe of Bogus Pro-Utility Emails” by Andrew Brown for Charleston Post and Courier
Redistricting
Pennsylvania: “Pa. Supreme Court Releases New Congressional Map” by Jonathan Lai and Liz Navratil for Pittsburgh Post-Gazette
February 20, 2018 •
Special Election Called for Arkansas Senate District 8
Gov. Asa Hutchinson has scheduled a special election on August 14, 2018, to fill the state Senate District 8 seat vacated by Jake Files. The primary will be May 22 and a primary runoff, if necessary, on June 19. Files […]
Gov. Asa Hutchinson has scheduled a special election on August 14, 2018, to fill the state Senate District 8 seat vacated by Jake Files.
The primary will be May 22 and a primary runoff, if necessary, on June 19.
Files resigned after pleading guilty to charges of wire fraud, bank fraud, and money laundering.
February 20, 2018 •
Tuesday’s Government and Ethics News
Campaign Finance Alabama: “Former Alabama House Majority Leader Sentenced to 3 Months in Prison” by Mike Cason for AL.com Elections Maine: “GOP Leader Jason Savage Says Controversial Website Is His, But Denies Ties to Party” by Steve Collins for Lewiston […]
Campaign Finance
Alabama: “Former Alabama House Majority Leader Sentenced to 3 Months in Prison” by Mike Cason for AL.com
Elections
Maine: “GOP Leader Jason Savage Says Controversial Website Is His, But Denies Ties to Party” by Steve Collins for Lewiston Sun Journal
Ethics
National: “Trump Administration Agrees to Post Visitor Logs for Some White House Offices” by Josh Gerstein for Politico
National: “Former Trump Aide Richard Gates to Plead Guilty; Agrees to Testify Against Manafort, Sources Say” by David Willman for Los Angeles Times
Idaho: “Idaho Lawmakers Agree to Hear New Statewide Conflict-of-Interest Disclosure Bill” by Betsy Russell for Spokane Spokesman-Review
New Mexico: “Ex-Sen. Griego Gets 18 Months, $47,000 in Fines” by Dan Boyd for Albuquerque Journal
New York: “How Albany Really Works: Cuomo loyalist exposes pay-to-play culture” by Shane Goldmacher for New York Times
Oregon: “John Kitzhaber Could Face Up to $50,000 in Fines for Ethics Violations” by Hillary Borrud for Portland Oregonian
South Carolina: “After Quinn’s Probation, Shock, Dismay, Joy and Wondering: What’s next?” by John Monk for The State
February 19, 2018 •
Texas Special Election Set for House District 13
Texas Gov. Greg Abbott announced on February 16 that a special election will take place for House District 13 on May 5 to replace state Rep. Leighton Schubert. Schubert resigned on February 4 to do legal work for Blinn College. […]
Texas Gov. Greg Abbott announced on February 16 that a special election will take place for House District 13 on May 5 to replace state Rep. Leighton Schubert.
Schubert resigned on February 4 to do legal work for Blinn College.
Early voting for this election will begin on April 23.
Pictured: Former Rep. Leighton Schubert
February 19, 2018 •
Monday’s Government and Ethics News
Campaign Finance National: “Trump’s Inaugural Committee Paid $26 Million to Firm of First Lady’s Adviser” by Maggie Haberman and Kenneth Vogel for New York Times New York: “Citizens United Can’t Hide Donor Lists from NY” by Nick Rummell for Courthouse […]
Campaign Finance
National: “Trump’s Inaugural Committee Paid $26 Million to Firm of First Lady’s Adviser” by Maggie Haberman and Kenneth Vogel for New York Times
New York: “Citizens United Can’t Hide Donor Lists from NY” by Nick Rummell for Courthouse News Service
Texas: “Austinites May Soon Be Able to Directly Support Candidates Through Voucher Donations” by Jessi Devenyns for Austin Monitor
Elections
National: “Mueller Charges 13 Russian Nationals with Interfering in 2016 Election” by Louis Nelson for Politico
Ethics
National: “Kelli Ward Touts Endorsement from Fake-News Site” by Jason Schwartz and Shawn Musgrave for Politico
District of Columbia: “D.C. Council Member Proposed Bill That Would Have Helped Firm That Offered His Son an Internship” by Fenit Nirappil for Washington Post
Tennessee: “How $225,000 Can Help Secure a Pollution Loophole at Trump’s E.P.A.” by Eric Lipton for New York Times
Lobbying
National: “K Street Reinvents Itself in the Era of Trump” by Kate Ackley for Roll Call
Delaware: “Lobbyists No Longer Have a Dedicated Room in Legislative Hall” by Scott Gross for Wilmington News Journal
February 16, 2018 •
News You Can Use Digest – February 16, 2018
National: Sinclair Broadcast Group Solicits Its News Directors for Its Political Fundraising Efforts Chicago Tribune – Paul Fahri (Washington Post | Published: 2/12/2018 Sinclair Broadcast Group is asking its executives – including the news directors at its many television stations […]
National:
Sinclair Broadcast Group Solicits Its News Directors for Its Political Fundraising Efforts
Chicago Tribune – Paul Fahri (Washington Post | Published: 2/12/2018
Sinclair Broadcast Group is asking its executives – including the news directors at its many television stations – to contribute to its PAC. Sinclair is the largest station owner in the country, with 173 outlets. Major TV news outlets such as ABC, CBS, and CNN say they prohibit their journalists from contributing to political parties, candidates, or causes, and do not ask them to chip in to the company’s PAC. By contributing money to Sinclair’s lobbying efforts, news directors would be tacitly supporting the company’s agenda, potentially raising doubts about their stations’ impartiality and independence when reporting on controversial issues, said Lewis Friedland, a journalism professor at the University of Wisconsin.
Federal:
VA Chief Shulkin, Staff Misled Ethics Officials about European Trip, Report Finds
Tampa Bay Times – Lisa Rein (Washington Post) | Published: 2/14/2018
Veterans Affairs Secretary David Shulkin, traveling on what he said was an “essential” trip to London and Copenhagen, improperly accepted tickets to the Wimbledon tennis tournament and brought his wife at taxpayer expense, according to an inspector general’s report. The scathing report says Shulkin and several top staff members made false and misleading statements both to justify the $122,334 trip and to defend it afterward. His chief of staff, Vivieca Wright Simpson, doctored an email to convince an agency ethics lawyer to approve a $4,300 flight for Shulkin’s wife, the report found.
From the States and Municipalities:
Alaska – Group Picks Alaska to Challenge Unlimited Campaign Donations
Bristol Herald-Courier – Becky Bohrer (Associated Press) | Published: 2/7/2018
A national group is focusing on Alaska in a bid to get the U.S. Supreme Court to revisit its Citizen United ruling. The decision paved the way for corporations and unions to make unlimited independent expenditures, and in Alaska, was viewed by state officials as likely rendering several provisions of state law prohibiting or limiting certain contributions unconstitutional. Equal Citizens wants to put that interpretation to the test but it could face an uphill battle. Lawrence Lessig, founder of Equal Citizens, said his group believes the Alaska Public Offices Commission sided with “what is a kind of conventional view among lawyers” that his group believes is incorrect. “What we’re trying to seek is clarification that the limits can be enforced,” Lessig said.
Arkansas – Former Arkansas Legislator Eddie Cooper Pleads Guilty to Embezzlement
KUAR – Wesley Brown | Published: 2/13/2018
Former Arkansas Rep. Eddie Wayne Cooper pleaded guilty to conspiring to embezzle more than $4 million from a nonprofit. Cooper pleaded guilty to one count of conspiracy to embezzle from Preferred Family Healthcare. Nonprofits that receive federal funds, such as Medicaid, are barred from direct lobbying efforts. From 2011 to 2017, Cooper received at least $387,501 from an Arkansas lobbying firm that received $3 million from Preferred Family. The nonprofit’s financial records show its payments were for “consulting services” when the real purpose of the payments was for lobbying and political campaign contributions, plea documents say. Cooper also received at least $63,000 in kickbacks in the conspiracy, according to his plea.
California – #MeToo Movement Lawmaker Investigated for Sexual Misconduct Allegations
Politico – Carla Marinucci | Published: 2/8/2018
A day after sexual harassment accusations against her became public, Assemblyperson Cristina Garcia said she is taking a voluntary, unpaid leave of absence while the allegations are investigated. But Garcia denied trying to grope a legislative aide and a lobbyist. Garcia is an outspoken leader of the #MeToo movement in California. She has called for male lawmakers accused of sexual harassment, assault, and misconduct to step down over the last several months and refused to work with them. She was one of 147 women who signed a letter drawing attention to problems at the Capitol in October.
Colorado – If You Can Pay $250, Colorado Lawmakers May Let You Skip Security at State Capitol
Denver Post – John Frank | Published: 2/8/2018
Legislation in Colorado would allow anyone to pay a $250 fee and submit fingerprints for a background check to obtain an identification card that allows entry to the Capitol and legislative buildings without going through a security screening. Senate President Kevin Grantham supports the measure, but it is expected to face opposition in the Democratic-led House, where leaders point to the Colorado State Patrol’s problems with the bill. A similar measure that applied only to lobbyists failed in 2010 after it became known as the “Lexus lane for lobbyists” bill. But the sponsors of the new bill dismiss questions about special access because any member of the public could apply for the card.
Maryland – Wife of 80-Year-Old State Senator Accompanies Him to Work Each Day. Some Say She Assists Him with Duties.
Washington Post – Ovetta Wiggins | Published: 2/11/2018
Since the January 10 start of Maryland’s legislative session, state Sen. Ulysses Currie’s wife has sat an arm’s length away from him in a reserved seat, Senate floor credentials dangling from a lanyard around her neck. Shirley Gravely-Currie’s presence has drawn attention not only to her husband’s diminishing health but also to the graying of the state Legislature and the delicate question of how long is too long to serve. As Americans live and work longer, it has become more common to see aging lawmakers on Capitol Hill or in statehouses across the country.
North Dakota – Amid Backlash, Gov. Burgum Reimburses Xcel Energy $37,000 for Super Bowl Tickets
Grand Forks Herald – John Hageman | Published: 2/7/2018
North Dakota Gov. Doug Burgum said he reimbursed Xcel Energy $37,000 for Super Bowl tickets in an effort to “eliminate even the perception of any conflict.” Xcel said the governor met with Chief Executive Officer Ben Fowke and Chris Clark, president of Xcel Energy-Minnesota, North Dakota, and South Dakota, along with other company leaders in a suite at US Bank Stadium. Meanwhile, Burgum’s legal counsel is crafting an ethics policy covering North Dakota’s chief executive and his staff.
Oklahoma – New Lobbying Rule Gets Mixed Review from Lawmakers and Those Who Try to Influence Them
Tulsa World – Barbara Hoberock | Published: 2/11/2018
A proposed rule that would require elected officials in Oklahoma to wait two years before working as lobbyists is getting mixed reviews. The Oklahoma Ethics Commission approved the rule. It will take effect if the Legislature does not take any action by the end of the session. The proposal comes as more lawmakers are lobbying their former colleagues as a way to make a living after their terms have ended. Ethics Commission Executive Director Ashley Kemp said the rule would prohibit policymakers from using their positions to benefit themselves.
Oregon – Oregon Ethics Watchdog Says John Kitzhaber Misused His Office for Personal Gain
Portland Oregonian – Hillary Borrud | Published: 2/14/2018
Former Oregon Gov. John Kitzhaber allegedly violated state ethics laws 11 times during his third and fourth terms, with the violations potentially carrying fines up to $55,000. An investigative report by the Oregon Government Ethics Commission staff outlines a suite of alleged violations. The commission is poised to vote on whether it agrees with its staff’s findings. According to the report, Kitzhaber used his office for financial gain, or to avoid financial problems, for former First Lady Cylvia Hayes and her consulting firm, 3EStrategies. Kitzhaber failed to follow laws to handle “potential conflicts-of-interest” when he took actions that may have impacted the consulting firm’s interests, ethics officials said.
Pennsylvania – Lobbyists Trying to Influence PA. State Government Will Have to Pay More If They Break the Rules
PennLive.com – Jan Murphy | Published: 2/14/2018
Pennsylvania Gov. Tom Wolf signed House Bill 1175, which requires lobbying disclosure reports to be filed electronically with the Pennsylvania Department of State. The new law also increases the daily maximum penalty for not filing reports by the quarterly deadline; doubles the maximum fine for not filing by the deadline; and requires the department to post all lobbying disclosure reports online within seven days of receiving the filing. The new penalties take effect immediately and the electronic filing requirement takes effect in 60 days.
South Carolina – Former S.C. House Majority Leader Rick Quinn Gets Probation in Misconduct Case
Charleston Post and Courier – Andrew Knapp and Glenn Smith | Published: 2/12/2018
Former South Carolina Rep. Rick Quinn will serve two years on probation instead of prison time after he pleaded guilty to misconduct in office. Circuit Court Judge Carmen Mullen also ordered Quinn to pay a $1,000 fine and perform 500 hours of community service. He is the third Republican lawmaker convicted in a statehouse corruption investigation. Mullen handed down the penalty over the objections of special prosecutor David Pascoe, who had questioned the validity of Quinn’s guilty plea while pushing for the former House majority leader to serve a year behind bars. Prosecutors accused Quinn of taking $4 million in unreported money from lobbyists. Quinn insisted his only crime was failing to report a lobbyist’s payments to his father’s political consulting firm.
Texas – Anti-Abortion Group Deletes State Senator’s Video After Questions of Legality Raised
Texas Tribune – Patrick Svitek and Jay Root | Published: 2/7/2018
An influential anti-abortion group abruptly deleted a Twitter video ad featuring Texas Sen. Bob Hall’s voice after reporters began asking if its paid messages adhered to laws restricting the use of corporate “dark money.” Texas Right to Life Committee also filed last-minute corrections to its December campaign finance reports indicating it had “inadvertently” attributed about $38,000 in radio ads to its corporate entity instead of its PAC. Texas Right to Life Committee is a politically active non-profit corporation that does not have to disclose its donors.
Utah – Taxpayers Reimbursed Former Lawmaker for Rooms Linked to Prostitution Allegations
St. George Daily Spectrum – David DeMille | Published: 2/12/2018
Taxpayer funds were used to pay for at least two hotel rooms that a former state lawmaker is alleged to have used to meet a prostitute last year, according to records found by a Utah House official. Rep. Jon Stanard resigned two days before British tabloid The Daily Mail published an article accusing him of meeting with the prostitute, and included screen shots of what appear to be text exchanges between the two setting up appointments and naming a price. Receipts from expense reports show Stanard was reimbursed about $225 for hotel room stays in Salt Lake City at two separate hotels in June and August of last year while he was attending legislative meetings, at locations and on dates that correspond with the text messages included in the article.
West Virginia – Democratic Candidate Turns House of Delegates Eviction Into $45k Fundraising Haul
Charleston Gazette-Mail – Jake Zuckerman | Published: 2/13/2018
A candidate for the West Virginia House of Delegates was cut off and removed from a hearing on oil and gas drilling on private land. Lissa Lucas spoke about her opposition to the bill, and listed donations that state lawmakers have received from oil and gas companies. She was told during her testimony that she should not be making “personal comments” regarding members of the House Judiciary Committee. “I have to keep this short because the public only gets a minute and 45 seconds while lobbyists can throw a gala at the Marriott with whiskey and wine and talk for hours to the delegates,” Lucas added. In a twist of fate, rallying against corporate money in politics might have made Lucas the most effective fundraiser in the House this election cycle.
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.
February 15, 2018 •
North Carolina General Assembly Adjourns Legislative Session
The North Carolina General Assembly adjourned its reconvened session on Tuesday, February 13. Lawmakers passed a single piece of legislation, House Bill 90. The bill reduces class-sizes for kindergarten through third grade in addition to changing the makeup of the […]
The North Carolina General Assembly adjourned its reconvened session on Tuesday, February 13. Lawmakers passed a single piece of legislation, House Bill 90.
The bill reduces class-sizes for kindergarten through third grade in addition to changing the makeup of the elections and ethics board.
Last month, the North Carolina Supreme Court struck down the board, which was supposed to be comprised of four Democrats and four Republicans.
The bill would add a ninth board member who could be neither a Democrat nor a Republican.
Gov. Cooper has 30 days to sign, veto, or let the bill become law without his signature.
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