July 8, 2016 •
News You Can Use Digest – July 8, 2016
Federal: Can Super PACs Be Put Back in the Box? Washington Post – Matea Gold | Published: 7/6/2016 A powerhouse legal team representing a bipartisan group of members of Congress and candidates is unleashing a new effort to overturn the case […]
Federal:
Can Super PACs Be Put Back in the Box?
Washington Post – Matea Gold | Published: 7/6/2016
A powerhouse legal team representing a bipartisan group of members of Congress and candidates is unleashing a new effort to overturn the case that gave rise to super PACs, part of a new strategy to rein in the big money that has poured into campaigns since 2010. They are targeting a case decided by U.S. Court of Appeals for the District of Columbia Circuit in 2010: SpeechNow.org v. FEC. That decision permitted a conservative group to raise money beyond the contribution limits placed on traditional PACs because it planned to spend its funds independently of a candidate or party. In doing so, the appellate court paved the way for new political vehicles, later dubbed super PACs for their ability to accept unlimited amounts from individuals and corporations.
F.B.I. Director James Comey Recommends No Charges for Hillary Clinton on Email
New York Times – Mark Landler and Eric Lichtblau | Published: 7/5/2016
FBI Director James Comey said his agency is recommending that no charges be brought against Hillary Clinton in connection with her email use while secretary of State. “No reasonable prosecutor” would bring such a case, Comey said. But although the FBI is not recommending charges, Comey did strongly criticize Clinton’s handling of classified information in her email, calling is “extremely careless.” The announcement comes three days after FBI agents and Justice Department officials interviewed Clinton. The FBI has been seeking to determine whether Clinton or any of her aides had mishandled classified information in connection with her email. The inspector general of the intelligence agencies had said the emails contained information that was classified at the time they were sent but were not marked classified, and the information should never have been sent on an unclassified system.
Koch Brothers’ Plight Likened to That of Civil Rights Workers in the 1950s
Center for Public Integrity – John Dunbar | Published: 7/5/2016
Charles and David Koch and civil rights pioneers have faced threats and harassment from those who disagree with their views, and each is entitled to privacy when it comes to disclosing certain kinds of information to the government, a federal judge ruled. But the decision has been controversial; comparing the travails of billionaires to the violent threats endured by civil rights workers in the 1950s is more than a stretch, say some of those familiar with the case – it is offensive. The case represents just the latest front in an ongoing battle being waged by a range of mostly conservative groups attempting to keep donors to political nonprofits hidden from view. Many of the legal battles revolve around interpretation of a crucial civil rights case from 1958: NAACP v. Alabama.
Lockheed’s Top Government Affairs Official Not Registered as Lobbyist
Politico – Austin Wright and Jeremy Herb | Published: 7/3/2016
The top government affairs official at Lockheed Martin, the world’s largest defense contractor, has not registered as a lobbyist. The company maintains that Robert Rangel, its senior vice president for government affairs since early last year, is not required to disclose his efforts to influence Congress and the executive branch. He does not meet all the legal requirements outlined in the law that governs lobbying disclosures, Lockheed says, including the percentage of his time he actually spends trying to influence government officials. His decision not to register, however, goes against both company precedent and the practices of other top defense firms.
Special Interests Look to Influence Political Conventions – Discreetly
Center for Public Integrity – Carrie Levine | Published: 7/7/2016
Corporations, unions, and other special interests will spend tens of millions of dollars to bankroll festivities at the Democratic and Republican national conventions. Some high-profile companies and individual donors are scaling back on giving to the host committees as they want to distance themselves from controversies surrounding Donald Trump. Meanwhile, many special interests will participate in convention-related activities, but they have become more creative in how they influence conventioneers, or are refusing to discuss their convention plans. “They want to show up, they want to rub elbows with everyone at the conventions, they just don’t want the corporate name out there,” said Craig Holman, a lobbyist for Public Citizen who has tracked influence efforts at the conventions.
The Lobbying Reform That Enriched Congress
Politico – Isaac Arnsdorf | Published: 7/3/2016
In the wake of the Jack Abramoff scandal, Democrats seized on the chaos to retake both chambers of Congress, promising voters they would change what they called a “culture of corruption.” Their attempt to make good on that promise, the Honest Leadership and Open Government Act of 2007, was embraced by both parties as a historic breakthrough. But critics say the result of the law is very nearly the opposite of what the American public was told it was getting at the time. Not only did the lobbying reform bill fail to slow the “revolving door,” it created an entire class of professional influencers who operate in the shadows.
From the States and Municipalities:
Connecticut – Anthem-Cigna Controversy Exposes Gaps in Ethics Rules
Connecticut Mirror – Mark Pazniokas | Published: 7/5/2016
Connecticut Insurance Commissioner Katharine Wade’s refusal to recuse herself from ruling on the Anthem-Cigna merger has provoked a reappraisal of state ethics regulators, who heavily rely on the self-reporting of public officials, and an ethics code that may be clearer to lawyers than lovers of English. Wade, a former Cigna vice president of government affairs, in February did not try to hide the fact that her staff was reviewing Anthem’s application to acquire Cigna for $54 billion. “On behalf of the Department, I signed a contract with an independent economist to assist Department staff in their review of the Anthem Form A application. Presently, there are no Cigna matters before me,” Wade wrote to the Office of State Ethics. Wade declined recently to say what basis she concluded there were no Cigna matters before her under the meaning the state ethics code, given that she already has asserted her intention to rule on the merger.
Massachusetts – Senate Slow to Embrace DeLeo Ethics Panel
Lowell Sun – Matt Murphy (State House News Service) | Published: 7/7/2016
Massachusetts House Speaker Robert DeLeo’s efforts to jumpstart a review of the state’s ethics, campaign finance, and lobbying laws has hit a roadblock in the Senate, where leaders so far have refused to go along out of concern the broad scope of the speaker’s proposed review would lead to a dead end. DeLeo had offered a resolve that would have created a joint task force of the House, Senate, and Gov. Charlie Baker’s administration to review the state’s complex ethics laws. The House referred the speaker’s proposal to a joint committee, but so far the Senate has refused to admit the bill, leaving open the possibility that the House could choose to work with the governor alone on the review.
Michigan – Unions Win Injunction Blocking Michigan Fundraising Law
Detroit News – Jonathan Oosting | Published: 7/1/2016
A U.S. District Court Judge granted a preliminary injunction against a law passed by the Michigan Legislature last year that would make it easier for corporations to deduct money from employees’ paychecks for their own PACs while forbidding them from making similar deductions on behalf of labor unions. It is the second preliminary injunction from a federal judge against a provision of the law, which also prohibited local government officials from distributing information about ballot proposals, a restriction dubbed a “gag order” by critics.
Minnesota – Lobbying in Minnesota: Spending has nearly doubled since 2002
St. Paul Pioneer Press – Rachel Stassen-Berger | Published: 7/4/2016
Special interest groups have spent $800 million lobbying government officials in Minnesota over the last 13 years. The St. Paul Pioneer Press review also found the amount of annual spending has doubled and the number of lobbying clients has tripled. Business interests have dominated the spending annually, making up about half of the lobbying expenditures every year since 2002. Utilities have spent the most, followed by the health industry. Spending or the lack thereof does not always translate to influence, however. Good lobbyists, say lobbyists and lawmakers alike, know that. “Lobbyists don’t write laws … lobbyists write ideas. Lobbyists write suggestions,” said Tom Lehman, who has been a lobbyist for 26 years.
New York – Agency Clears Mayor de Blasio and Nonprofit of Campaign Finance Violations
New York Times – Vivian Yee | Published: 7/6/2016
The New York City Campaign Finance Board determined a nonprofit closely linked to Mayor Bill de Blasio did not spend money to bolster the mayor’s re-election bid, but the board said the group’s spending raised serious policy issues. The board said Campaign for One New York’s 2014 spending was not campaign-related, primarily because it occurred so far from the mayor’s re-election race in 2017. Yet the board appeared to find much that was troublesome, if not illegal, in the behavior of the nonprofit, which has amassed millions of dollars in donations to push for City Hall initiatives. The board also clarified rules governing nonprofit advocacy groups that are affiliated with politicians.
New York – In Inquiry into Ex-Cuomo Aide, Disclosure Form Only Adds Mystery
New York Times – Vivian Yee | Published: 7/5/2016
Two companies listed in a financial disclosure form from 2014 belonging to Joseph Percoco, who for many years was New York Gov. Andrew Cuomo’s closest aide, seem to be at the heart of a sprawling federal investigation encircling Cuomo’s administration. One firm, Chris Pitts LLC, is named for a minor Democratic activist in rural Connecticut who, until recently, lived with his sister and got around town in an aging Chevrolet. The other, COR Development Company, is one of the most prominent real estate developers in central New York. In an investigation with few signposts for those outside the U.S. attorney’s office in Manhattan, Percoco’s disclosure is the nearest thing to a map key. Yet the connection between the Percoco and COR and Chris Pitts LLC. is not as straightforward as the black and white of an official form might imply.
New York – JCOPE Shut Down in Lobbying Reform
Queens Chronicle – Michelle Kraidman | Published: 6/30/2016
The Joint Commission on Public Ethics (JCOPE) in February approved an advisory opinion that required paid consultants, who “controlled the delivery” of a message to editorial boards encouraging them to support positions that were favorable to a client, to register as lobbyists. They also would have had to report their contacts with media outlets’ opinion writers. That led to great opposition as accredited media sources, and several public relations and consulting firms sued JCOPE, arguing the new regulations were unconstitutional. Now, a statement released by the governor’s office announced that the agreed-upon legislation for an ethics reform plan does not include what JCOPE had originally recommended. “[The agreement] explicitly excludes communications with journalists, including editorial boards, from the definition of lobbying and exclude these communications from lobbying regulation,” the statement said.
Rhode Island – Raimondo: Lobbying law makes rules ‘clear, simple, consistent and transparent’
Providence Journal – Jennifer Bogdan | Published: 7/6/2016
In a ceremonial signing of lobbying legislation, Rhode Island Gov. Gina Raimondo described the changes as making the rules “clear, simple, consistent, and transparent.” The legislation, which goes into effect on January 1, clarifies who is a lobbyist and what constitutes lobbying. The penalty for failure to register is a fine of up to $50,000 and revocation of lobbyist registration for up to three years. Lobbyists will also be required to file monthly public reports of their activities from January to June and quarterly reports from July to December. The reports must include all compensation received, all expenditures made, and “all money and anything of value provided or promised to any legislative or executive branch official” in excess of $250.
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.
July 7, 2016 •
Ohio Legislator Seeks to Eliminate Certain Special Elections
Ohio Sen. Kris Jordan recently introduced a bill to eliminate special elections in February and August. His proposal is the result of historically low voter turnout in Ohio special elections. Fewer than 10 percent of residents usually participate in any […]
Ohio Sen. Kris Jordan recently introduced a bill to eliminate special elections in February and August.
His proposal is the result of historically low voter turnout in Ohio special elections. Fewer than 10 percent of residents usually participate in any special election, and an election can cost the state $4 to $6 million.
July 7, 2016 •
Thursday News Roundup
Lobbying “Gov2Gov: The lobbying that falls under the radar” by Mike Maciag for Governing Rhode Island: “Raimondo: Lobbying law makes rules ‘clear, simple, consistent and transparent’” by Jennifer Bogdan for Providence Journal Campaign Finance Alabama: “Koch Brothers’ Plight Likened to […]
Lobbying
“Gov2Gov: The lobbying that falls under the radar” by Mike Maciag for Governing
Rhode Island: “Raimondo: Lobbying law makes rules ‘clear, simple, consistent and transparent’” by Jennifer Bogdan for Providence Journal
Campaign Finance
Alabama: “Koch Brothers’ Plight Likened to That of Civil Rights Workers in the 1950s” by John Dunbar for Center for Public Integrity
Arizona: “Possible Hack Shuts Down Online Portal to Public Campaign Financing” by Howard Fischer (Capitol Media Services) for East Valley Tribune
Minnesota: “Minnesota Campaign Watchdog Agency Director to Retire” by Rachel Stassen-Berger for St. Paul Pioneer Press
Ethics
“Is the Supreme Court Clueless About Corruption? Ask Jack Abramoff” by Carl Hulse for New York Times
Kentucky: “Lexington’s Ethics Act to Add Domestic Partners to Nepotism Ban” by Beth Musgrave for Lexington Herald-Leader
New York: “In Inquiry into Ex-Cuomo Aide, Disclosure Form Only Adds Mystery” by Vivian Yee for New York Times
South Carolina: “S.C. Ethics Commission Chief to Retire” by Avery Wilks for The State
Elections
“Nate Silver Is Happy to Be Wrong” by Glenn Thrush for Politico
July 1, 2016 •
News You Can Use Digest – July 1, 2016
National: Report: It’s harder to know who’s paying for political ads Star Tribune – Geoff Mulvilhill (Associated Press) | Published: 6/27/2016 A report by New York University’s Brennan Center finds the use of so-called dark money in several states has increased […]
National:
Report: It’s harder to know who’s paying for political ads
Star Tribune – Geoff Mulvilhill (Associated Press) | Published: 6/27/2016
A report by New York University’s Brennan Center finds the use of so-called dark money in several states has increased faster than in national elections. Across six states – Alaska, Arizona, California, Colorado, Maine, and Massachusetts – dark money expenditures rose by 38 percent between 2006 and 2014, outstripping the 34 percent rate of increase found in federal elections. And that does not include other categories of nontransparent outside money. The report defines “gray money” as expenditures by entities that do disclose their contributors, but who also list dark money organizations as donors, making it difficult or impossible to locate the original source of the money.
Two Transgender Candidates – Both Named Misty – Just Made History by Winning Primaries
Washington Post – Amber Phillips | Published: 6/29/2016
Primary voters in Utah and Colorado selected transgender women to run for spots in Congress next fall, a first in major-party American political history. Misty Snow will run against U.S. Sen. Mike Lee in Utah this November, while Misty Plowright will challenge U.S. Rep. Doug Lamborn in Colorado. Neither Snow nor Plowright sought to make their gender identities a campaign issue, instead focusing on progressive issues like getting money out of politics. Their wins come as transgender rights have been thrust into the national spotlight after contentious debates in states like North Carolina. “This is even more breathtaking considering the political climate today, the uphill curve to educate people about who transgender people are,” said Bob Witeck, a Washington, D.C.-based LGBT advocate.
Federal:
Bernie Sanders Campaign Showed How to Turn Viral Moments into Money
New York Times – Nick Corasaniti | Published: 6/24/2016
Like most modern campaigns, U.S. Sen. Bernie Sanders and his team relied on widely used digital fundraising tactics, like sending email solicitations and advertising online. They raised more than $61 million and acquired more than three million email addresses directly from digital ads. But the campaign was also able to harness social media networks – which, until recently, most candidates had used primarily for messaging purposes – and turn them into fundraising engines, allowing Sanders’ team to raise money almost exclusively online. The campaign raised roughly $216 million of its nearly $230 million total online.
Donald Trump and R.N.C. Crack Down on Rebelling Delegates
New York Times – Jeremy Peters | Published: 6/26/2016
Donald Trump’s campaign and the Republican National Committee (RNC) are moving quickly and aggressively to head off the fledgling effort to stage a revolt at their July convention in Cleveland, hoping to spare the party an embarrassing spectacle that could deeply wound the presumptive nominee. They are employing hard-nosed tactics, warning delegates that attempting to undermine Trump’s claim to the nomination violates party rules, and threatening to deny speaking slots to Republicans they deem disloyal for not backing him. The RNC and the campaign are also installing loyal party stalwarts in key party positions to help ensure they maintain control of the convention if rogue delegates attempt a disruption. And they are trying to discredit Republicans who are advocating an interpretation of party rules that would allow delegates to vote for anyone they want on the first ballot.
Trump Fundraising Emails Overseas Prompt Complaints Here and Abroad
Washington Post – Sean Sullivan and Max Bearak | Published: 6/29/2016
Donald Trump’s campaign sent a wave of fundraising emails in recent days to lawmakers in the United Kingdom, Iceland, Australia, and elsewhere. The solicitations prompted watchdog groups to file two separate complaints with the FEC alleging the campaign was violating federal law by soliciting funds from foreign nationals. The episode is only the latest fundraising stumble by Trump’s presidential campaign, which has been scrambling to put together a financial operation to take on the well-funded campaign of likely Democratic nominee Hillary Clinton. Whether the snags prove to be growing pains for a campaign that until recently eschewed traditional fundraising or a sign of more serious stumbles to come is a key question facing Trump and the Republican Party as the general election comes into focus.
From the States and Municipalities:
California – At the Corner of Power and Poverty
CALmatters – Laurel Rosenhall | Published: 6/28/2016
The Capitol in Sacramento serves as a magnet for money and power. Nearby shops sell fine cigars and custom suits. A bar serves $16 martinis. But the streets that surround the building also are home to some of the city’s most destitute residents, many suffering from mental illness or drug addiction in addition to extreme poverty. It is not uncommon to see them rifling through trash cans, shouting incoherently, or sleeping barefoot in the shade on the Capitol’s manicured grounds. Bridging these two worlds is Debbie Bartley, who stands across the street selling Homeward, a newspaper produced by homeless people. She chats with the political staffers and lobbyists who give her a few dollars as they pass by. Then she buys food for people who sleep on these streets.
California – Sweeping Public Utilities Commission Changes Announced
Sacramento Bee – Jeremy White | Published: 6/27/2016
A deal between Gov. Jerry Brown and state lawmakers will bring major changes to the California Public Utilities Commission. When commissioners engage in ex-parte conversations around rate-setting rules, they would need to disclose them online under the agreement. The state attorney general could bring enforcement actions against people who violate the rules. The deal also clarifies that people who lobby the PUC would need to register as lobbyists. Through March of this year, more than 50 utilities and other lobbyist employers reported more than $6.3 million in PUC-connected lobbying activities.
Connecticut – Cigna-Anthem Merger: Gov. Malloy’s Insurance Regulator Told Ethics Officials She Was Not Involved in Cigna Issues, even as Her Agency Was
International Business Times – David Sirota | Published: 6/27/2016
Connecticut ethics officials are now investigating whether it is legally permissible for the state’s insurance commissioner to oversee the government’s review of her former company’s proposed merger. In regulators’ probe of conflict-of-interest issues in the Cigna-Anthem transaction, one question they may ask is whether the commissioner in question, former Cigna lobbyist Katharine Wade, deliberately misled them. Emails show that in February, Wade told ethics officials she had no Cigna business before her, even though her agency was then leading the national multistate review of the company’s merger plan, and even though Wade had repeatedly met with the company’s representatives. Wade’s letter to ethics officials did tell them that her staff was reviewing the merger, but did not disclose any information about her own contacts with the companies and their lobbyists.
Delaware – Supreme Court Rejects Challenge to Delaware Election Law
Wilmington News Journal – Jessica Masulli Reyes | Published: 6/28/2016
The U.S. Supreme Court rejected a conservative group’s challenge to Delaware’s campaign finance law. The justices left in place a lower court ruling allowing the 2012 law to be enforced. It requires third-party groups and individuals to disclose their donors to the state elections commissioner if they publish advertisements or other communications, including Internet postings, that refer to a candidate in the 60 days before an election. Previously, only groups that directly advocated for or against a candidate were required to disclose their donors.
Kentucky – Bevin Asserts Control of All Ethics Board Appointments
Lexington Herald-Leader – Jack Brammer | Published: 6/28/2016
Kentucky’s attorney general and state auditor will no longer be able to nominate members of the Executive Branch Ethics Commission under a new executive order from Gov. Matt Bevin. The governor appoints the members of the commission, which investigates allegations of state ethics code violations in the state’s executive branch. But in 2008, then-Gov. Steve Beshear issued an executive order requiring the governor to appoint two members of the commission that had been recommended by the attorney general and the state auditor. Bevin repealed that order, effectively allowing him to control all of the appointments to the board assigned to hold his administration accountable. Bevin spokesperson Jessica Ditto said the order simply returns the appointment process to the system state lawmakers intended.
New York – Bill Would Expand Disclosure for Donors to Lobbying Groups
Albany Times Union – Chris Bragg | Published: 6/29/2016
Under a 2011 law, charitable tax-exempt nonprofits in New York are not required to report their donors, even if the organizations have financially supported lobbying efforts meant to influence state government. Based on comments from state lobbying officials, a bill that Gov. Andrew Cuomo is expected to sign appears to require any charitable organization making a contribution over $2,500 to a substantial New York lobbying campaign to publicly disclose every one of its donors, even those unrelated to the lobbying effort. That would include both donations of staff and other resources for a charity to a lobbying nonprofit, or a monetary contribution.
Ohio – As Activists Prepare to Protest the RNC, the FBI Comes Knocking
Los Angeles Times – Matt Pearce | Published: 6/27/2016
In July, Donald Trump will come to Cleveland to claim the Republican presidential nomination. Given how turbulent some protests outside Trump rallies have been, and that the convention comes just weeks after the worst mass shooting in recent U.S. history, finding the right balance between security and First Amendment rights will be a challenge. Shivers have gone through the Cleveland activist community since law enforcement officials began knocking on their doors as tens of thousands of visitors prepare to come to town. The FBI office in Cleveland said the visits were part of their plans with state and local law enforcement to prepare for the convention by “working collaboratively with members of the community.”
Virginia – Supreme Court Vacates Ex-Virginia Governor’s Graft Conviction
New York Times – Adam Liptak | Published: 6/27/2016
The U.S. Supreme Court unanimously vacated the conviction of former Virginia Gov. Robert McDonnell. He was charged with using his office to help Jonnie Williams Sr., who had provided McDonnell and his wife with gifts worth more than $175,000 when McDonnell was governor. The gifts themselves were legal; the question was whether they were part of a corrupt bargain in which McDonnell reciprocated by using the power of his office to help Williams. The Supreme Court ruled prosecutors defined too broadly the kind of conduct that qualifies as an “official act.” Chief Justice John Roberts said the law cannot punish politicians for giving their constituents access to public officials who are willing to listen, but do not actually exercise government power.
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.
June 30, 2016 •
Albany County, NY Ethics Commission Names New Chair
During their first fully-staffed meeting in nearly five years, the county Ethics Commission named Shari Calnero as chair. Moving forward, the commission will offer guidance on potential conflicts of interest, financial disclosure requirements, and whether public officials will be required […]
During their first fully-staffed meeting in nearly five years, the county Ethics Commission named Shari Calnero as chair.
Moving forward, the commission will offer guidance on potential conflicts of interest, financial disclosure requirements, and whether public officials will be required to recuse themselves from certain votes. The commission will meet at least once annually, and whenever called upon.
June 30, 2016 •
Thursday News Roundup
Lobbying Massachusetts: “Uber Proves Profitable for at Least One Group – Lobbyists” by Jim O’Sullivan for Boston Globe Campaign Finance “Pro-Hillary Group Takes $200K in Banned Donations” by Harper Neidig and Jonathan Swan for The Hill Maine: “Maine Ethics Panel Aims […]
Lobbying
Massachusetts: “Uber Proves Profitable for at Least One Group – Lobbyists” by Jim O’Sullivan for Boston Globe
Campaign Finance
“Pro-Hillary Group Takes $200K in Banned Donations” by Harper Neidig and Jonathan Swan for The Hill
Maine: “Maine Ethics Panel Aims to Close Loophole ‘You Could Drive a Truck Through’” by Darren Fishell for Bangor Daily News
New Jersey: “Proposed Pay-to-Play Reforms Pit Fulop Against Longtime Foes” by Terrence McDonald (Jersey Journal) for Newark Star-Ledger
Ethics
California: “Supervisors Approve Budget and Staffing Plan for Ethics Commission” by Nick Gerda for Voice of OC
California: “At the Corner of Power and Poverty” by Laurel Rosenhall for CALmatters
Massachusetts: “Grand Jury Indicts Second Official in Boston Mayor Marty Walsh’s Administration” by Gintautas Dumcius for MassLive.com
New York: “Ethics Reform Brings Less Information About JCOPE Probes” by Chris Bragg for Albany Times Union
Oregon: “Lawmaker’s Actions Questioned by Portland Police Officer” by Gordon Friedman for Salem Statesman-Journal
Elections
Utah: “Two Transgender Candidates – Both Named Misty – Just Made History by Winning Primaries” by Amber Phillips for Washington Post
June 29, 2016 •
SCOTUS Declines to Hear Challenge to Delaware Elections Law
The U.S. Supreme Court declined to hear a challenge to the Elections Disclosure Act. The lower court ruled requiring third-party groups and individuals to disclose their donors if they publish advertisements or other communications referring to a candidate in an […]
The U.S. Supreme Court declined to hear a challenge to the Elections Disclosure Act. The lower court ruled requiring third-party groups and individuals to disclose their donors if they publish advertisements or other communications referring to a candidate in an upcoming election is constitutional. The law furthers the purpose of the 2012 ethics overhaul by closing loopholes allowing anonymous campaign-related advertising.
Photo of the U.S. Supreme Court building by UpstateNYer on Wikimedia Commons.
June 29, 2016 •
Wednesday Government Relations News
Campaign Finance “House Democrats Face Ethics Complaints for Fundraising Off Sit-In” by Paul Singer for USA Today “Soft Money Ban Should Be Scrapped, Skeptical Judges Urged” by Kenneth Doyle for Bloomberg BNA “Bernie Sanders Campaign Showed How to Turn Viral […]
Campaign Finance
“House Democrats Face Ethics Complaints for Fundraising Off Sit-In” by Paul Singer for USA Today
“Soft Money Ban Should Be Scrapped, Skeptical Judges Urged” by Kenneth Doyle for Bloomberg BNA
“Bernie Sanders Campaign Showed How to Turn Viral Moments into Money” by Nick Corasaniti for New York Times
Delaware: “Supreme Court Rejects Challenge to Delaware Election Law” by Jessica Masulli Reyes for Wilmington News Journal
Mississippi: “Hosemann to Start Searchable Campaign Finance System” by Geoff Pender for Jackson Clarion-Ledger
Ethics
Kentucky: “Bevin Asserts Control of All Ethics Board Appointments” by Jack Brammer for Lexington Herald-Leader
New Mexico: “Judge: Legislators must testify in Griego case” by Dan Boyd for Albuquerque Journal
North Carolina: “Sen. Fletcher Hartsell Indicted by a Wake County Grand Jury” by Anne Blythe and Lynn Bonner for Raleigh News & Observer
Wisconsin: “New Ethics Commission Names 3 Finalists for Administrator Position” by Matthew DeFour for Wisconsin State Journal
Elections
“As Activists Prepare to Protest the RNC, the FBI Comes Knocking” by Matt Pearce for Los Angeles Times
June 28, 2016 •
Tuesday Lobbying and Campaign Finance News Update
Lobbying California: “Sweeping Public Utilities Commission Changes Announced” by Jeremy White for Sacramento Bee Campaign Finance “Report: It’s harder to know who’s paying for political ads” by Geoff Mulvihill (Associated Press) for Las Vegas Sun Kentucky: “Ethics Commission OKs Crowdfunding […]
Lobbying
California: “Sweeping Public Utilities Commission Changes Announced” by Jeremy White for Sacramento Bee
Campaign Finance
“Report: It’s harder to know who’s paying for political ads” by Geoff Mulvihill (Associated Press) for Las Vegas Sun
Kentucky: “Ethics Commission OKs Crowdfunding for Legislative Campaigns” by Ryland Barton for WFPL
Massachusetts: “State’s Chief Campaign Official Seeks Heftier Fines for PACs” by Matt Stout for Boston Herald
Ethics
Connecticut: “Cigna-Anthem Merger: Gov. Malloy’s Insurance Regulator Told Ethics Officials She Was Not Involved in Cigna Issues, even as Her Agency Was” by David Sirota for International Business Times
Florida: “Opa-locka’s Ethics Switcheroo Draws Laughs amid FBI Corruption Probe” by Jay Weaver for Miami Herald
South Carolina: “Gov. Nikki Haley Signs Ethics Reform into Law, Endorses Sen. Larry Martin” by Maya Prabhu for Charleston Post & Courier
Virginia: “Supreme Court Vacates Ex-Virginia Governor’s Graft Conviction” by Adam Liptak for New York Times
Elections
“Donald Trump and R.N.C. Crack Down on Rebelling Delegates” by Jeremy Peters for New York Times
Redistricting
North Carolina: “Supreme Court to Review NC’s Use of Race in Redistricting” by Jonathan Drew (Associated Press) for ABC News
June 27, 2016 •
Monday News Roundup
Lobbying Rhode Island: “Raimondo Signs Bills on Lobbying, Insurance for Off-Label Drug Use, Teaching of Holocaust” by Jennifer Bogdan for Providence Journal Campaign Finance “RNC Fundraisers Hedge on Trump” by Kenneth Vogel and Alex Isenstadt for Politico Massachusetts: “House Passes Campaign […]
Lobbying
Rhode Island: “Raimondo Signs Bills on Lobbying, Insurance for Off-Label Drug Use, Teaching of Holocaust” by Jennifer Bogdan for Providence Journal
Campaign Finance
“RNC Fundraisers Hedge on Trump” by Kenneth Vogel and Alex Isenstadt for Politico
Massachusetts: “House Passes Campaign Finance Changes Aimed at Transparency, Special Elections” by Shira Schoenberg for MassLive.com
Ethics
“Justices Disclose Privately Paid Trips and Gifts” by Adam Liptak for New York Times
Arizona: “How Nearly $1 Million Disappeared from Surprise Coffers” by Jessica Boehm for Arizona Republic
California: “Orange County Finally Has an Ethics Commission – Now What?” by Jordan Graham for Orange County Register
Florida: “Audit Finds City Improperly Paid Lobbying Firm More Than $317,000” by Christopher Hong for Florida Times Union
Elections
“Who Does Donald Trump Listen to? Other Trumps.” by Mary Jordan and Jose DelReal for Washington Post
“Will Trump Swallow the GOP Whole?” by Mark Leibovich for New York Times
June 24, 2016 •
News You Can Use Digest – June 24, 2016
National: Courts, Judges Become Top Political Targets in 2016 Elections Kansas City Star – Dave Helling | Published: 6/17/2016 Experts say that while complaints about legal rulings are as old as the republic, politicians have started turning virtually every race into […]
National:
Courts, Judges Become Top Political Targets in 2016 Elections
Kansas City Star – Dave Helling | Published: 6/17/2016
Experts say that while complaints about legal rulings are as old as the republic, politicians have started turning virtually every race into a referendum on the courts, threatening public confidence in an independent, apolitical judiciary. Not everyone is equally concerned. In a polarized, dysfunctional political climate, some say, making judges more accountable to voters and taxpayers is healthy and inevitable.
The Kochs’ Powerful Operation Isn’t Aimed at Helping Trump – But It Might Anyway
Washington Post – Matea Gold | Published: 6/20/2016
Americans for Prosperity (AFP) launched ground operations on behalf of Republican incumbents in Pennsylvania, Ohio and Wisconsin, the earliest the Koch brothers-affiliated group has ever begun making explicit political appeals in the field. But AFP and other groups in the brothers’ political network are mute when it comes to Donald Trump. It is an odd situation for the powerful conservative operation, which was expected to harness its sprawling machinery on behalf of this year’s Republican nominee. But Trump’s incendiary rhetoric and inconsistent policy stances have dismayed Charles Koch, the billionaire industrialist who leads the network. Koch-backed groups are now training their resources on boosting vulnerable GOP Senate candidates.
Federal:
Democrats End Sit-In on House Floor While Promising to Continue to Press for Gun Votes
Washington Post – Karoun Demirjian, Kelsey Snell, and Ed O’Keefe | Published: 6/23/2016
U.S. House Democrats ended their sit-in protest after occupying the chamber’s floor for more than 25 hours, vowing to take the push for new gun curbs to their congressional districts. Even after Republicans had departed for a week-long recess, roughly a dozen Democrats held the floor, with more trickling in, after a night of loud confrontations with the chamber’s GOP leaders. The Democrats had demanded votes on legislation to expand background checks to all commercial sales and to prevent suspected terrorists from being able to buy guns. Republicans dismissed Democrats’ demands, saying they would not reward the minority party for trampling over the chamber’s rules.
Donald Trump Starts Summer Push with Crippling Money Deficit
New York Times – Nicholas Confesore and Rachel Storey | Published: 6/20/2016
Donald Trump enters the general election campaign laboring under the worst financial and organizational disadvantage of any major party nominee in recent history, placing both his candidacy and his party in political peril. Trump loaned his campaign $2.2 million in May and collected $3.1 million in donations, ending the month with less than $1.3 million in bank, a figure more typical for a campaign for the U.S. House than the White House. Hillary Clinton raised more than $28 million in May and started June with $42 million in cash. Trump has a staff of around 70 people, compared with nearly 700 for Clinton, suggesting only the barest effort toward preparing to contest swing states this fall. And he fired his campaign manager after concerns among allies and donors about his ability to run a competitive race.
Fattah Convicted of Federal Corruption Charges
Philadelphia Inquirer – Jeremy Roebuck | Published: 6/21/2016
U.S. Rep. Chaka Fattah was found guilty of all charges in a federal corruption trial. He and several associates had been charged with 29 counts related to bribery, money laundering, fraud, and racketeering. Fattah borrowed $1 million from a donor during his unsuccessful campaign for Philadelphia mayor and later repaid part of the loan by using funds from charitable and federal grants received by his nonprofit. Prosecutors said he also used funds from his mayoral and congressional campaigns to help pay off his son’s student loan debt. In addition, the indictment said Fattah accepted bribes while trying to secure an ambassadorship or appointment to the U.S. Trade Commission for former Philadelphia Deputy Mayor Herbert Vederman.
The Next ‘Citizens United’ Is Coming
Center for Public Integrity – Carrie Levine | Published: 6/22/2016
James Bopp, who successfully argued the Citizens United case before the U.S. Supreme Court, is now the lead lawyer in the most prominent of a series of lawsuits attempting to further rescind campaign contribution limits. The case brought by the Louisiana Republican Party addresses restrictions on how state and local political parties use soft money to influence federal elections. Bopp’s clients argue if independent outside groups such as super PACs are permitted to raise and spend unlimited amounts of such money, there is no reason why state political parties, acting independently of federal candidates, should be treated differently. Bopp says he will not rest until there are as few election rules as possible since he believes too many rules lead to more opportunities to game the system.
From the States and Municipalities:
California – California Political Watchdog Targets ‘Shadow Lobbyists’
Sacramento Bee – Taryn Luna | Published: 6/21/2016
The California Fair Political Practices Commission (FPPC) is considering a regulatory change to draw “shadow lobbyists,” consultants paid to influence legislation, into the public eye. Loopholes in the law can allow consultants to act as lobbyists without officially registering with the secretary of state’s office, disclosing their clients, or their attempts to sway lawmakers. The FPPC hopes the change increases the incentive for consultants and others working in and around the state’s lobbying industry to keep better records of their activities, while giving the agency more freedom to press cases against shadow lobbyists. The commission is expected to vote on the change at its regularly scheduled hearing on July 21.
Colorado – Colorado Supreme Court to Hear Case Challenging State Ethics Commission’s Role
Denver Post – Joey Bunch | Published: 6/21/2016
The Colorado Supreme Court agreed to hear issues in a case involving then-Secretary of State Scott Gessler, marking the first time the justices have looked at how the Independent Ethics Commission operates since it was created in 2006. The ethics panel found Gessler violated the public trust when he used money from his office discretionary fund to attend a GOP lawyer’s event in Florida. He extended the trip to attend the Republican National Convention (RNC). Gessler paid for his lodging and meals at the RNC with campaign funds. The Supreme Court will look at whether the commission exceeded its jurisdiction to ban gifts of more than $53 a year to public officials and bar them from becoming lobbyists for two years after leaving office.
District of Columbia – Close Council Vote Rejects Campaign Contribution Reform
DCist.com – Rachel Kurzius | Published: 6/21/2016
The District of Columbia Council struck down a proposal to ban campaign contributions from city contractors. Council Chairperson Phil Mendelson had included a provision in a bill to reform the city’s procurement process that would have banned donations from people or businesses that have or are seeking city contracts. He argued that doing so would improve the public perception of the city’s elected officials. But Councilperson Vincent Orange introduced an amendment to strike that language, saying it would lead to “dark money” flooding into city campaigns.
Florida – Florida Lawmaker Wants to Give Away an AR-15
New York Times – Mike McPhate | Published: 6/21/2016
Florida Sen. Greg Evers, a Republican who is running for Congress, said he would hold a drawing whose prize would be an AR-15, a gun similar to the one used by Omar Mateen to kill 49 people at a gay nightclub in Orlando on June 12. Evers said he was considering the giveaway since before the mass shooting, intending to burnish his pro-gun credentials in Florida’s conservative western Panhandle, where he is running to fill the seat being vacated by U.S. Rep. Jeff Miller. But the timing of the announcement, even as funerals for the shooting victims continued, led many commenters on Evers’s campaign site and his Twitter account to express disgust.
Maryland – Here Are the Top Lobbyists in Maryland for the 2016 Legislative Session
Washington Post – Ovetta Wiggins | Published: 6/22/2016
The return of divided government to Maryland has brought about much change in Annapolis. But one thing that has remained the same since the election of Republican Gov. Larry Hogan is Gerard Evans’ upper hand in state lobbying. Evans, a longtime fixture in Annapolis, was the top earner among Maryland lobbyists during the recent legislative session. He reported billing his clients nearly $2 million between November and April, which is about $168,000 more than last year, when he was also the top earner. Bruce Bereano came in second both last year and this year, with reported billings of $1.4 million.
New York – 3 New York Police Commanders Are Arrested on Corruption Charges
New York Times – William Rashbaum and Joseph Goldstein | Published: 6/20/2016
Three New York City police commanders and a business consultant were arrested as part of a wide-ranging federal corruption probe that has also been examining Mayor Bill de Blasio’s campaign fundraising. The latest arrests mark an escalation of an investigation that has led to discipline for nearly a dozen police officers and forced de Blasio to answer questions about whether he engaged in inappropriate fundraising. A criminal complaint accused businessperson Jeremy Reichberg of plying Deputy Chief Michael Harrington, Deputy Inspector James Grant, and others with gifts including prostitutes, sports tickets and expensive trips. As a result, Reichberg was able to secure official favors. De Blasio has said he and his administration have acted legally in all respects. He has not been accused of wrongdoing, and the charges thus far are unrelated to his fundraising efforts.
New York – New York Lawmakers Leave Albany Without Big Ethics Reforms
Albany Times Union – David Klepper (Associated Press) | Published: 6/18/2016
New York Gov. Andrew Cuomo and legislative leaders agreed to an ethics package that aims to strip pensions from public officers convicted of a felony and add disclosure requirements for political consultants who advise elected officials. The session started in January with some bold proposals to fix the state’s porous campaign finance laws, beef up ethics enforcement, and put limits on the pay lawmakers can make from side jobs. But none passed during the six-month session. For good-government groups and officials long bewildered by Albany’s inaction, the resolution was as disappointing as it was unsurprising.
Oregon – Portland Auditor Says Revolving-Door Lobbying Rules ‘All but Unenforceable’
Portland Oregonian – Brad Schmidt | Published: 6/22/2016
A proposed ordinance in Portland would ban elected officials from lobbying the city and bureau directors from lobbying their agencies for two years after they leave office. It would impose a one-year lobbying ban on other city employees. The ordinance is a compromise. City commissioners expressed reservations about a more restrictive version of the bill that was introduced in April. City Auditor Mary Hull Caballero also wants to raise the fine for violating the city’s lobbying rules to $3,000. The new rules would require any group that spends more than $1,000 lobbying in a quarter to disclose a detailed list of each contact with city officials. Right now, that level of transparency is required only for groups that spend at least eight hours lobbying in a quarter, a provision that would continue.
Wisconsin – As the Government Accountability Board Ends, What’s the Future for Wisconsin Campaign Finance Regulation?
Capital Times – Katelyn Ferral | Published: 6/19/2016
Wisconsin’s Government Accountability Board, born in bipartisanship from a legislative scandal in 2001, was the only nonpartisan model of its kind in the country with six former judges appointed by the governor and confirmed by the Senate. It was armed with a budget unfettered by Legislative oversight to investigate campaign finance, ethics, and lobbying complaints. Its dissolution, which came with a rewrite of the state’s campaign finance rules, is a necessary reform to some but step backwards for others who question whether violations of campaign finance law will be aggressively policed.
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.
June 23, 2016 •
Thursday News Roundup
Lobbying California: “California Political Watchdog Targets ‘Shadow Lobbyists’” by Taryn Luna for Sacramento Bee Maryland: “Here Are the Top Lobbyists in Maryland for the 2016 Legislative Session” by Ovetta Wiggins for Washington Post Oregon: “Post Uber, Portland Leaders Look to […]
Lobbying
California: “California Political Watchdog Targets ‘Shadow Lobbyists’” by Taryn Luna for Sacramento Bee
Maryland: “Here Are the Top Lobbyists in Maryland for the 2016 Legislative Session” by Ovetta Wiggins for Washington Post
Oregon: “Post Uber, Portland Leaders Look to Strengthen Lobbying Rules” by Amelia Templeton for Oregon Public Radio
Campaign Finance
“The Next ‘Citizens United’ Is Coming” by Carrie Levine for Center for Public Integrity
District of Columbia: “Close Council Vote Rejects Campaign Contribution Reform” by Rachel Kurzius for DCist.com
Ethics
Colorado: “Colorado Supreme Court to Hear Case Challenging State Ethics Commission’s Role” by Joey Bunch for Denver Post
Elections
“Will Dominant Images of Conventions Be of Unity or Protest?” by Trip Gabriel for New York Times
Florida: “Marco Rubio Will Seek Senate Reelection, Reversing Pledge Not to Run” by Mike DeBonis, Ed O’Keefe, and Sean Sullivan for Washington Post
Florida: “Florida Lawmaker Wants to Give Away an AR-15” by Mike McPhate for New York Times
Legislative Issues
“House Democrats’ Gun-Control Sit-In Turns into Chaotic Showdown with Republicans” by David Herszenhorn and Emmarie Huetteman for New York Times
June 22, 2016 •
Wednesday Government Relations News
Campaign Finance “Donald Trump Starts Summer Push with Crippling Money Deficit” by Nicholas Confessore and Rachel Shorey for New York Times Ethics Pennsylvania: “Fattah Convicted of Federal Corruption Charges” by Jeremy Roebuck for Philadelphia Inquirer Ohio: “Ethical Conflicts, Nepotism Mar […]
Campaign Finance
“Donald Trump Starts Summer Push with Crippling Money Deficit” by Nicholas Confessore and Rachel Shorey for New York Times
Ethics
Pennsylvania: “Fattah Convicted of Federal Corruption Charges” by Jeremy Roebuck for Philadelphia Inquirer
Ohio: “Ethical Conflicts, Nepotism Mar Charity” by Dan Horn and Sharon Coolidge for Cincinnati Enquirer
Oklahoma: “Former State Senate Leader Mike Morgan Resentenced” by Nolan Clay for The Oklahoman
Elections
“The Kochs’ Powerful Operation Isn’t Aimed at Helping Trump – But It Might Anyway” by Matea Gold for Washington Post
“What Do This Season’s Political Books Tell Us About the Election?” by Sam Tanenhaus for New York Times
“Trump’s Performance Raises Hard Question: Who’d want to be his VP?” by Eli Stokols and Burgess Everett for Politico
North Carolina: “Appeals Court Considers North Carolina’s Controversial Voting Rules” by Ann Marimow for Washington Post
June 21, 2016 •
Tuesday Lobbying and Campaign Finance News Update
Lobbying Oklahoma: “Legislators, State Officials Accept More Gifts from Interest Groups” by Trevor Brown for Oklahoma Watch Campaign Finance “Wall Street Donors Seek to Block Warren VP Pick” by Ben White for Politico Montana: “Judge Rules Wittich Can Remain in […]
Lobbying
Oklahoma: “Legislators, State Officials Accept More Gifts from Interest Groups” by Trevor Brown for Oklahoma Watch
Campaign Finance
“Wall Street Donors Seek to Block Warren VP Pick” by Ben White for Politico
Montana: “Judge Rules Wittich Can Remain in Office after Taking Illegal Campaign Contributions” by Matt Volz (Associated Press) for Bozeman Daily Chronicle
Wisconsin: “As the Government Accountability Board Ends, What’s the Future for Wisconsin Campaign Finance Regulation?” by Katelyn Ferral for Capital Times
Ethics
Connecticut: “Attorney Gets Reprimand for Drafting Rowland Consulting Contract” by Michelle Tuccitto Sullo for Connecticut Law Tribune
New York: “New York Lawmakers Leave Albany Without Big Ethics Reforms” by David Klepper (Associated Press) for Albany Times Union
New York: “3 New York Police Department Commanders Are Arrested on Corruption Charges” by William Rashbaum and Joseph Goldstein for New York Times
Elections
“Courts, Judges Become Top Political Targets in 2016 Elections” by Dave Helling for Kansas City Star
“Donald Trump Fires Embattled Campaign Manager Corey Lewandowski” by Philip Rucker, Jose DelReal, and Sean Sullivan for Washington Post
Ohio: “John Kasich Vetoes Republican-Backed Voting Bill” by Darrel Rowland for Columbus Dispatch
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