Lobbying

“How the Sugar Industry Shifted Blame to Fat” by Anahad O’Connor for New York Times

“Lobbying Registrations Are Down, But The Influence Industry Is Flourishing” by Catherine Ho for Washington Post

“Congressman Offers Unusual Defense in Ethics Probe” by John Dunbar for Center for Public Integrity

Campaign Finance

“How These Powerful Women Learned to Love Fundraising” by Elise Viebeck for Washington Post

Ethics

California: “Ex-Assemblyman Tom Calderon Is Sentenced to a Year in Federal Custody in Bribery Case” by Joel Rubin for Los Angeles Times

Connecticut: “Wade Faces Subpoena in Cigna Conflict of Interest Question” by Mark Pazniokas for Connecticut Mirror

Florida: “Former Opa-locka City Manager Pleads Guilty in Corruption Probe” by Jay Weaver and Michael Sallah for Miami Herald

New York: “Bill Nojay, Upstate Assemblyman, Dies After Shooting Himself at a Cemetery” by Vivian Yee for New York Times

Elections

“Appeals Court Overrules Federal Election Official on Proof of Citizenship for Voting” by Josh Gerstein for Politico

Legislative Issues

Tennessee: “Jeremy Durham Expelled from Tennessee House in 70-2 Vote” by Joel Ebert and Dave Boucher for The Tennessean

On September 9, 2016, New York Assemblyman Bill Nojay took his own life. Nojay was scheduled to appear in U.S. District Court on fraud charges related to mishandling of a trust fund on the day he passed.

Nojay was already listed on the primary ballot for September 13, 2016. If Nojay wins the primary, the seat will default to a vacancy and the GOP will select a replacement.

Nojay’s opponent, Richard B. Milne, has offered his sincerest condolences and has suspended all political activity until further notice.

Photo of Rep. Bill Nojay courtesy of the New York State Assembly website.

Lobbying

Michigan: “House Candidate Steve Marino Retracts Claims from Secret Recordings” by Paul Egan for Detroit Free Press

New York: “De Blasio’s Nonprofit Must Comply with Ethics Panel’s Subpoena, Judge Says” by J. David Goodman for New York Times

Campaign Finance

California: “Jury Finds Azano Guilty on 36 Counts in Foreign Money Case” by Dana Littlefield and Greg Moran for San Diego Union-Tribune

Colorado: “Colorado Supreme Court Set to Hear Appeal Over Legal Services Being Treated Like Campaign Contributions” by Tom McGhee for Denver Post

Florida: “Judge Orders Campaign-Finance Question Put on Miami-Dade Ballot” by Douglas Hanks for Miami Herald

Washington: “I-1464 Seeks Big Changes to Washington State Campaign-Finance System” by Rachel LaCorte (Associated Press) for Seattle Times

Ethics

Texas: “Empower Texans Escalates Battle with Ethics Commission” by Patrick Svitek for Texas Tribune

Virginia: “Prosecutors Will Drop Case Against Former Va. Governor Robert McDonnell” by Rachel Weiner and Matt Zapotosky for Washington Post

Elections

“Real-Time Election Day Projections May Upend News Tradition” by Nick Corasaniti for New York Times

“Hillary Clinton Is Set Back by Decision to Keep Illness Secret” by Amy Chozick and Patrick Healy for New York Times

A special election will be held on November 8, the same day as the general election, to fill the state’s First Congressional District seat. Rep. Ed Whitfield, who already stated he would not seek reelection, announced his resignation last week amid concerns he granted special favors to his lobbyist wife. His resignation was effective on September 6.

Gov. Matt Bevin announced the special election will be held to fill the seat for the final two months of the term. Republican nominee James Comer, who was already running to take Whitfield’s place, is expected to be the nominee in special election as well.

A judge has ordered a special election for House District 78 after a candidate lost the Democratic primary by roughly 90 votes. Although Bruce Franks won the in-person vote, his opponent’s margin of victory came solely from absentee ballots. Franks filed suit alleging people who cast absentee ballots did not qualify to apply for them.

Circuit court judge Rex Burlison ordered a special election be held September 16 because the board of elections violated state law by failing to require all absentee votes be in the proper absentee ballot envelopes.

Lobbying

“Lobbyists Prepare for Clinton Win” by Megan Wilson for The Hill

Campaign Finance

“Prolific Donor Trump, Often Skirted Rules, Paid Fines” by Drew Griffin, David Fitzpatrick, and Tom LoBianco for CNN

California: “Political Paradox? Prop. 59 Asks Californians to Condemn a Big-Money System Long Used Here” by Laurel Rosenhall for CALmatters.org

Illinois: “Judge: Illinois campaign finance law constitutional” by Michael Tarm (Associated Press) for State Journal-Register

Oregon: “Portland Reconsiders Public Money for Political Campaigns” by Brad Schmidt for Portland Oregonian

South Dakota: “Panel Ponders Allowing Businesses to Open Checkbooks for Candidates” by Bob Mercer for Black Hills Pioneer

Ethics

California: “Scandal Plagues City of Commerce, but Generous Services Help Blunt Public Scrutiny” by Adam Elmahrek for Los Angeles Times

Elections

“Hillary Clinton’s ‘Invisible Guiding Hand’” by Shane Goldmacher for Politico

Minnesota: “U Launches First-of-Its-Kind Program for Elections Officials” by Kelly Smith for Minneapolis Star-Tribune

Texas: “Court Filing Accuses Texas of Misleading Voters Without IDs” by Michael Wines for New York Times

Legislative Issues

Tennessee: “Beth Harwell: Jeremy Durham expulsion vote will happen” by Joel Ebert and Dave Boucher for The Tennessean

See what’s happening in government relations this week with our Video Digest. Enjoy!

Federal:

Addicted to Making Campaign Contributions?
The Atlantic – Russell Berman | Published: 8/30/2016

U.S. Sen. Bernie Sanders raised $231 million from more than 2.7 million donors in his campaign for president, depending on grassroots support rather than on wealthy bundlers. A benefit of relying on small donations from a large number of backers is that a campaign can go back to them repeatedly before they hit the $2,700 limit for individual contributions. And the Sanders campaign, like most campaigns in the modern era, did so, sending a barrage of urgent pleas for donations in email blasts. The excessive donations point to flaws in how the Sanders campaign managed and communicated with his most passionate supporters. Many of his donors were simply unaware of the federal limits, or if they were aware, they assumed the campaign would prevent them from contributing too much. It did not.

Breitbart Rises from Outlier to Potent Voice in Campaign
New York Times – Michael Grynbaum and John Herrman | Published: 8/28/2016

Breitbart News, once a curiosity of the fringe right wing, is now an increasingly powerful voice, and virtual rallying spot, for millions of disaffected conservatives who propelled Donald Trump to the Republican nomination. Known for bashing the GOP establishment, Breitbart now finds itself at the center of the party’s presidential campaign. Its longtime chairperson, Stephen Bannon, was named campaign chief by Trump, whose nationalist, conspiracy-minded message routinely mirrors the Breitbart worldview. The site received its biggest billing yet in the form of a scathing condemnation. In a nationally televised speech, Hillary Clinton identified Breitbart  as the Democratic Party’s leading media enemy, warning about a “de facto merger” between the Trump campaign and a news outlet that she described as racist, radical, and offensive.

Experts Poke Holes in Clinton Foundation’s Promised Donor Ban
The Hill – Jonathan Swan | Published: 9/1/2016

Ethics experts question the Clinton Foundation’s plan to avoid conflicts-of-interest during a Hillary Clinton presidency. The charity pledged not to accept foreign or corporate donations if she is elected. But watchdogs say it would be relatively easy for foreign governments or individuals to funnel cash to the foundation without the public being aware. It is not clear whether Chelsea Clinton would still raise money for the charity if her mother were to win the election. Bill Clinton has promised to step down from its board and stop fundraising if that happens. Assertions that donors to the charity got special access to Hillary Clinton while she was secretary of state have dogged her campaign.

How One Donor Is Profiting Off the Trump and Sanders Campaigns
The Atlantic – Russell Berman | Published: 8/28/2016

Entrepreneur Randy Treibel has contributed about $25,000 in total to Donald Trump and Bernie Sanders, more than any other person has given to both campaigns combined. But Treibel is not donating all this money out of devotion to these unlikely political insurgents – he is just trying to make a profit. He has been buying Trump and Sanders campaign merchandise in bulk and reselling it through his retail company on Amazon at a considerable markup. A Trump sign that costs $10 on his campaign website, for example, will sell for $35 on Amazon, Treibel said. And it is all completely legal under campaign rules. When asked why he did not bother to buy up Hillary Clinton stickers and signs, Treibel responded, “That stuff just doesn’t sell; nobody buys it.”

From the States and Municipalities:

Alabama – More Lawmakers (and Two Ethics Commissioners) Who Got Free Trips on Alabama Lenders’ Dime
AL.com – Kyle Whitmire (Alabama Media Group) | Published: 8/31/2016

The Alabama Lenders Association has amended its last two years’ of lobbying activity reports to include two trips where the organization paid for lodging, meals, and entertainment for numerous state lawmakers and other public officials. Records show the association hosted similar events in earlier years. But it did not disclose those earlier trips because it had not registered as a principal. Because the association had not registered and did not submit lobbying reports, it is impossible to tell which lawmakers it invited on those trips and how much it spent on them.

Alabama – Pro-Marijuana Group Challenges Alabama Lobbying Law
AL.com – Mike Cason | Published: 9/1/2016

The Institute for Justice filed a federal lawsuit challenging the Alabama law that requires all registered lobbyists to attend an ethics training class in Montgomery. The suit was filed on behalf of Maggie Ellinger-Locke and the Marijuana Policy Project (MPP). It contends that the requirement unduly burdens Ellinger-Locke because she lives in Arlington, Virginia and works at the MPP headquarters in Washington, DC. The Alabama Ethics Commission denied Ellinger-Locke’s request to take the class remotely. “If a person wants to talk to an elected official about a matter of public policy, they shouldn’t have to take a government-mandated class; instead, the only thing they should need is an opinion,” said Paul Sherman, a lawyer for the institute.

Connecticut – Inside the Political Fundraising Game
CT Post – Ken Dixon, Angela Carella, and Neil Vigdor | Published: 8/28/2016

A dozen contractors barred from contributing to state political candidates in Connecticut gave almost $1 million to the Democratic Governors Association, which in turn funneled $3.9 million to a PAC supporting Gov. Dannel Malloy’s 2014 re-election campaign. The transfer of money, though apparently legal, effectively circumvented Connecticut’s clean election laws, which are intended to limit the influence of wealthy special interests on state government. Michael Brandi, executive director of the State Elections Enforcement Commission, said it is hard to ferret out the source of campaign cash if donors want to remain anonymous.

Illinois – Chicago Insider Who Took $2 Million in Bribes in Red Light Camera Scandal Gets 10 Years in Prison
Los Angeles Times – David Kidwell (Chicago Tribune) | Published: 8/29/2016

A former Chicago transportation official embroiled in a corruption scandal over the award of a lucrative contract for red-light cameras was sentenced to 10 years in prison. John Bills, who served as assistant commissioner at the Department of Transportation, was convicted on 20 counts, including fraud, bribery, conspiracy, and tax fraud for taking up to $2 million in bribes and gifts in return for awarding $100 million in red lights camera contracts. The contracts went to Redflex Traffic Systems in 2003. Bills was also ordered to pay the city $2 million in restitution.

Maine – Paul LePage, Maine Governor, Now Says He’s Not Quitting
New York Times – Jess Bidgood | Published: 8/31/2016

Facing pressure to resign after comments many called racist and a profanity-laced voicemail left for state Rep. Drew Gattine, Maine Gov. Paul LePage told reporters he will not be stepping down and will seek spiritual guidance. LePage had hinted that he would not finish his current term after facing intense criticism for his latest actions. His six years in office have been marked by controversy. Even as he fueled outrage among Democrats and angst among many moderate Republicans, his well of support, fed by voters who are drawn to his unfiltered political style, never seemed to run dry. But the events of the past week have led to a rupture in his own Republican Party.

Missouri – Audit Finds Senate Slush Fund for Lobbyist-Financed Meals
St. Louis Post-Dispatch – Kurt Erickson | Published: 8/29/2016

Missouri lawmakers overall do a good job managing taxpayer funds, but are too generous with time off for staff and too willing to accept lobbyist money for meals, according to a pair of audits that also criticize legislators for secrecy. State Auditor Nicole Galloway said the Senate should close a bank account used to solicit lobbyist donations to buy meals for lawmakers. The audit says a House interim committee asked lobbyists for contributions to pay for a tour bus. The Senate says it will look for other ways to pay for meals, but it does not see a solution that will work. The House noted representatives failed this year to ban lobbyist-financed travel for lawmakers.

Nebraska – Panel Tells Embattled Nebraska Senator to Resign by Friday
ABC News – Grant Schulte (Associated Press) | Published: 8/29/2016

State Sen. Bill Kintner, who is ensnared in a cybersex scandal, was given another opportunity to resign before the Nebraska Legislature’s Executive Board determines possible action against him. Kintner was fined $1,000 by the state Accountability and Disclosure Commission after admitting to the online sexual encounter on a state-owned laptop with a woman. The woman, who is believed to have ties to an Ivory Coast crime syndicate, later threatened to expose the encounter unless Kintner paid her $4,500.

New York – Judge: Citizens United must disclose donor information to NY
ABC News – Larry Neumeister (Associated Press) | Published: 8/29/2016

A federal judge dismissed a lawsuit in which Citizens United sought to block New York Attorney General Eric Schneiderman from enforcing rules requiring the conservative group to disclose more information about its donors. U.S. District Court Judge Sidney Stein said the attorney general did not violate Citizens United’s First Amendment rights by requiring registered charitable organizations to disclose names, addresses, and contributions of big donors before soliciting funds in the state. Citizens United is best known as the plaintiff in the landmark U.S. Supreme Court case that allowed unlimited independent spending by corporations and labor unions in election campaigns.

North Carolina – North Carolina Republicans Accused of Dodging Order to Fix Election Rules
New York Times – Michael Wines | Published: 8/30/2016

When a federal appeals court overturned much of North Carolina’s 2013 election law in July, saying it had been deliberately intended to discourage African-Americans from voting, it also tossed out the ground rules for this year’s elections in a critical swing state. In each of the state’s 100 counties, local elections boards filed new election rules with the state. Now, critics are accusing some of the boards, all of which are controlled by Republicans, of staging an end run around a court ruling they are supposed to carry out. Like the law that was struck down, say voting rights advocacy groups and some Democrats who are contesting the rewritten election plans, many election plans have been intentionally written to suppress the black vote.

Pennsylvania – State Not Tracking Lobbying by Marijuana Companies
Allentown Morning Call – Scott Kraus | Published: 8/25/2016

It is very difficult find out how much has been spent trying to tilt the playing field for a potentially lucrative but also controversial medical marijuana industry that is in its infancy in Pennsylvania. That is because there is no category for lobbyists or the principals they represent to report marijuana lobbying, and state officials have no immediate plans to add one. The lobbying detected in the state’s search for The Allentown Morning Call was reported under the “other” category, where filers wrote in medical marijuana. Many states’ lobbying disclosure laws are weak and fail to track lobbying by subject at all, according to the Center for Public Integrity.

Virginia – The Money Floods in When the General Assembly Gathers
The Daily Press – Dave Ress | Published: 8/28/2016

Virginia lawmakers received more than $227,000 in campaign contributions over the past five years during the days they were actively considering bills, many of which affected donors, a review of more than 100,000 contributions found. State law bans legislators and statewide officials from accepting political donations “on and after the first day of a regular session of the General Assembly through adjournment.” Senate Minority Leader Dick Saslaw accepted $5,000 from Anderson Financial on the first day of the 2016 session. Saslaw said he believes it is legal to receive donations on the morning of the first day of the session, since the Legislature formally convenes at noon.

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.

Today marks 69 days until Election Day 2016. The end to this year’s election is almost here and we can talk about 2017 after November 8th.

In the meantime, State and Federal Communications is starting its own grassroots movement to Keep US Strong and we have thousands of pins to deliver to you. Just send an e-mail to ebartz@stateandfed.com and we will deliver a box of our VOTE pins to you…And, be on the lookout for our bi-annual VOTE card.

I cannot express how important it is for everyone to VOTE this year. I may be preaching to the choir, but we all know people who are thinking about not voting. Let’s get this movement started to make sure everyone knows how important it is to VOTE.

Does anyone have any question about how I feel about voting? How else can you help?

Glad you asked.

Take senior citizens or anyone with difficulties to your local Board of Elections to VOTE before November 8th. I have taken my parents directly to the Summit County Board of Elections and the staff has noticed and even thanked me for helping.

Work at your Board of Elections on November 8th. I keep wanting to do this and need to stop making excuses about not doing so. Those octogenarians who are currently staffing the voting places aren’t getting younger and we are decades away from on-line voting.

Get out the VOTE pin. We started these in 2012 and it definitely takes time for them to go viral…We have plenty to spare.

Until next month, clear your calendar so you can VOTE on November 8th or make plans to vote early—either at your local Board of Elections or by absentee ballot.

#KeepUSstrong.

Elizabeth Z. Bartz

President and CEO
@elizabethbartz

Lobbying

Alabama: “Lawsuit Challenges Alabama Law Requiring Ethics Training for Lobbyists” by Joe Crowe for Newsmax

Alabama: “More Lawmakers (and Two Ethics Commissioners) Who Got Free Trips on Alabama Lenders’ Dime” by Kyle Whitmire (Alabama Media Group) for AL.com

Campaign Finance

“FINRA, MSRB Pay-to-Play Rules on SEC Approval Path” by Antoinette Gartrell for Bloomberg BNA

Louisiana: “Dave Peralta Freed from Last of 30 Criminal Charges” by Wilborn Nobles III for New Orleans Times Picayune

New York: “De Blasio Donor Violated City Rules, Conflicts Board Says” by J. David Goodman for New York Times

Ethics

Maine: “Paul LePage, Maine Governor, Now Says He’s Not Quitting” by Jess Bidgood for New York Times

Elections

“Embattled Corrine Brown Ousted in Primary” by Staff for Roll Call

“Harry Reid and Koch Brothers Wage Proxy War for a Nevada Senate Seat” by Carl Hulse for New York Times

North Carolina: “North Carolina Republicans Accused of Dodging Order to Fix Election Rules” by Michael Wines for New York Times

Procurement

“Obama Order on Contractor Workplace Violations Takes Effect Soon, Despite Objections” by Joe Davidson for Washington Post

Lobbying

Missouri: “Audit Finds Senate Slush Fund for Lobbyist-Financed Meals” by Kurt Erickson for St. Louis Post-Dispatch

Campaign Finance

“Addicted to Making Campaign Contributions?” by Russell Berman for The Atlantic

New York: “Judge: Citizens United must disclose donor information to NY” by Larry Neumeister (Associated Press) for ABC News

Tennessee: “Feds Open Investigation of Rep. Jeremy Durham” by Stacey Barchenger, Dave Boucher, and Joel Ebert for The Tennessean

Ethics

“Hillary Clinton and Her Family’s Foundation Aren’t Likely to Get the McDonnell Treatment. Here’s Why.” by Matt Zapotosky and Rachel Weiner for Washington Post

Connecticut: “CT Supreme Court Rules in FOI Case Involving Ritter, CRRA” by Mark Pazniokas for CT Mirror

Illinois: “Chicago Insider Who Took $2 Million in Bribes in Red Light Camera Scandal Gets 10 Years in Prison” by David Kidwell (Chicago Tribune) for Los Angeles Times

Maine: “Paul LePage, Besieged Maine Governor, Hints at Resignation” by Jess Bidgood for New York Times

Nebraska: “Panel Tells Embattled Nebraska Senator to Resign by Friday” by Grant Schulte (Associated Press) for ABC News

Pennsylvania: “FBI Seeks Kenney Campaign Records as Part of Union Probe” by Jeremy Roebuck and Mark Fazlollah for Philadelphia Inquirer

Campaign Finance

“How One Donor Is Profiting Off the Trump and Sanders Campaigns” by Russell Berman for The Atlantic

Connecticut: “Inside the Political Fundraising Game” by Ken Dixon, Angela Carella, and Neil Vigdor for CT Post

South Dakota: “Koch Brothers-Backed Group Says Ballot Measure Could Invite Lawsuits” by Dana Ferguson for Sioux Falls Argus Leader

Virginia: “The Money Floods in When the General Assembly Gathers” by Dave Ress for The Daily Press

Ethics

“Anthony Weiner and Huma Abedin to Separate After His Latest Sexting Scandal” by Amy Chozick and Patrick Healy for New York Times

California: “State Worker Accepted 24 Pairs of Free Designer Sunglasses, Sold Boss a Pair for $20” by Taryn Luna for Sacramento Bee

Florida: “Get This Vice Mayor Angry and He Might Sue” by Monique Madan for Miami Herald

Maine: “Pressure Is Building on LePage over His Behavior” by Dennis Hoey for Portland Press Herald

Elections

“FBI is Investigating Foreign Hacks of State Election Systems” by Ellen Nakashima for Washington Post

“Democrats’ Weak Bench Undermines Hope of Taking Back Senate” by Jennifer Steinhauer for New York Times

“Breitbart Rises from Outlier to Potent Voice in Campaign” by Michael Grynbaum and John Herrman for New York Times

A special election for the North Dakota House of Representatives District 15 will take place on November 8, 2016.

The District 15 seat is vacant following Rep. Curt Hofstad’s recent death due to a heart attack.

Candidates for the special election will be nominated by their parties rather than through primaries.

Lobbying

Florida: “Miami-Dade Mayor Carlos Gimenez’s Son Rose to the Top Skirting Lobbying Rules, Critics Say” by Francisco Alvarado for FloridaBulldog.org

Hawaii: “Just 2 Lobbyists Have Donated $650k to Hawaii Candidates in the Past 10 Years” by Jaelynn Grisso for Honolulu Civil Beat

Pennsylvania: “State Not Tracking Lobbying by Marijuana Companies” by Scott Kraus for Allentown Morning Call

Campaign Finance

Arizona: “State Regulator Subpoenas Utility Companies’ Campaign Spending Records” by Howard Fischer (Capitol Media Services) for Arizona Daily Star

Ethics

“Ethicists Scoff at Clinton Foundation Transition Plan” by Katy O’Donnell for Politico

Florida: “Florida Newspaper Kills Story of Local Official Allegedly Seeking Favors from Developer” by Marc Caputo for Politico

Maryland: “Anne Arundel Ethics Commission Executive Director Dies” by Amanda Yeager for Capital Gazette

New York: “Ken Thompson, Brooklyn District Attorney, Is Fined for Misusing Funds on Meals” by J. David Goodman and Alan Feuer for New York Times

Elections

California: “Legislature OKs Selfies at the Ballot Box” by Anshu Siripurapu for Sacramento Bee

Legislative Issues

California: “In California’s Democrat-Dominated Capitol, It’s Senate vs. Assembly” by Alexei Koseff for Sacramento Bee